2 100 439 https://digital.lib.buffalo.edu/files/original/ab8124d175e1f5a2c0f89618d3319974.pdf 846f28f43d8d4f74bc81bb2310abebff PDF Text Text Bringing the issues u> theslmh'iitssinci'l94'J THEOPINION Volume 34, No. 9 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW February 9,1994 Baptiste Faces Possible Recall Lack Of Quorum Prevents Board OfDirectors FromTakingAction On Petition byEvanßaranoffl.'LayoutEditor The fate ofthe Student Bar Association presidency is still up in the air. SBA President Saultan Baptiste may face a recall election,having been presented with arecall petition at theFeb. 2 SBA meeting. However, since that day, the SBA Board of Directors has been unable to act on the petition or even verify its validity because it lias notbeenable to acliievequonim. TheBoard has not evenestablished thatthere are enough student signatures on the petition to force a recall vote. The petition, a product ofthe student body, came one weekafter the SBA Board of Directors voted to sanction Baptiste byremoving his fiduciary powers [See Story,page 10]. Both the petition and the Board's sanctionare responses to the president's alleged misconductconceniing (he useofSBA fluids to cover personal longdistancephone calls.These calls were made last year from the Phi Alpha Delta office, while he was the head of that organization. According to the Special Investigative Committee Report issued last semester, '' [Baptiste's] conductinregard to bothrunning up largepersonal long distancephonebillson SBAPresident Saultan Baptiste school phones and initiallypaying those bills with student funds to have been, at the very least, bad judgement,andatthe most, improper conduct." Petition In Dispute SBA Board ofDirectors disagree as to how many signatures are needed to force a recall election. According to Article 7, section 2 ofthe SBA constitution,'' the petition mustcontain the signatures ofregular members equal in number to 50 percent of the vote at the last general election." SomeBoard membersinterpret the "general election" clause to refer to last semester's election for secretary/parliamentarian. According to thesemembers, 208 votes were cast in that election, so therefore only 104 signatures would be needed. According to Frank Dec, the student who handed Baptiste the petition, the petition contains 115 student signatures. "My understanding is that a general election is one in which all the students can vote as opposed to a vole for Class Director seat, which is confined to a specific class," said SBA VicePresident Paul Beyer.''In fact, itseemed that Saultan [Baptiste] hadreferred in writing to the recent election for secretary as a general election." Several othermembers said the clause refers to last year's general election. First Year Class Director Sue Etu, as well as fellow colleagues James Lynch (3L) and Craig Brown (1L), said she believed the secretary election was a special election and general election. Sheadded that she felt the number of signatures needed should be determinedbased on last year's presidential election. In last year's presidential election, approximately 450 votes werecast. Thiswould mean atleast22s signatures wouldbe required to force a recall vote, rendering the petition now before theBoard invalid. At an emergency SBA meeting, the Board ofDirectors hoped to resolve this dispute, as well as other questionsconcerning the recall petition and the recall process. However, die SBA was unable to address these issues since itagain failed to achievequorum. not a Lack of Quorum CripplingSßA The lack ofquorumat last night's emergency SBA meeting was the third straighttime the SBA failed to achieve quorum. In fact, the SBAachieved quorum only once this year. In order to have quorum, 15 of the 22 Board members must be present at a meeting. Board members expressed theirfrustration withtheir inability to deal with the petition or even appoint an independent member to run the recall election. ...Recall, continuedonpage 10 Maryknoll PriestWorks For International Justice by Paul Beyer, Staff Writer Youmay notbe surprised to findoutthat Manuel Noriega,former Dictator ofPanama, and Roberto D'Aubuisson, formerleaderofthe Salvadoran death squads, graduatedfrom the same military academy the School ofthe Americas. - Thehighly controversial school wasthe subjectofalecturegiven by FatherRoy BourgeoisinO'BrianHallonMonday,February 7th, inO'Brian Hall. Fr. Bourgeois is a Marykno 11 priest who has led an effort by School of Americas Watch, a human rights group, to close theschool. He hasbeen travellingthroughout the United States educating the public "I was disturbed to see my country abouttheschooland generating support foran giving millions ofdollars to this gov- end to its funding. The Schoo 1of theAmericas(SOA) was ernment[ElSalvador], It was wrong, in 1946inPanama purportedly to established it was immoral and it was a sin." professionalize Latin American armies and —Father Roy Bourgeois strengthen their democracies. However, its However.itmightsurpriseorshockyou that the School of the Americas, which has trained some ofLatinAmerica's mostnotorious criminals in counter-insurgency, torture and commando tactics, is funded by United States taxpayers and is currently located at FortBenning, Georgia. graduates haveapparently turned their expertise on their own populations and engaged in someoftheworstcasesofhumanrightsabuses inrecenthistory. A United Nations Truth Commission Report focussing on human rights abuses in Latin Americareported thatamongthe school's Is He Or Isn't He?the gold rings. that the couple To the Friendly People atUB I-aw: Sincemy last coirunentary regarding my betrothal and near marriage, several peoplehave asked meand Lisa whether we wears American civil law does not recognize the betrothal. Thus, by the American standards Lisa and I are simplyengaged As explained above, by die Jewish standard, we are married. To give as simple an explanation as arc betrothed Hence, the gold bands we possible, while marriage in the U.S. civil wear. We shall probably complete the law is a one-slep process, marriage by JewJewish and civil marriage ceremony in ishlaw is a two-step process. The first step Atigustofthis year. is the betrothal. In the past, betrothal was Lisaand Iwouldlike to thankallofthe friendly people atUBLaw School who have oftenperformed while thecouplewerechildren. This is rarely donetoday. Mostoflen signedcards, made phonecalls, offered their betrothal is performedas thebeginning ofthe help.andjustgenerallyoffered condolences. marriage ceremony. Betrothal creates a When sufferingtlirough the deathofa loved legalrelationship. Although it doesnot give one, thereisno betterfeeling than toreturn the couple therights, privileges, andresponto a place where you receive so much supsibilities ofmarriage, itis a legally binding port. Thank you all. relationship. Should the couple separate Sincerely, withoutcompleting the marriage, a divorce Dan Harris would stillbe required. It is upon betrothal Photo Editor Nicaragua's army and secret police under Somoza In 1984, Panamanians threw the SOA outoftheircoiin try as partofthePanama Canal Treaty. According to Fr. Bourgeois, Panamanianscalled it the "School of the Assassins, where Latin American soldiers are trained to kill their Latin American brothers." The school wasthenmoved toFortßenning.Georgia, where ithas operated to date. Father Bourgeois became aMaryknoll priestafterretumingasawounded soldierfrom theVietnamwar. Hewas inspired by the work ofmissionaries in Vietnam. "I came home a changed man," saidBourgeois. "I began to realize this work is what we are called to be Father RoyBourgeois healers, peacemakers.'' graduates are two of the tliree Salvadoran Asa Maryknoll, Bourgeois was sent to officersinvolved in theassassination ofArchwork with thepoor inEl Salvador. Itwas there bishop OscarRomero, three ofthefiveofficers thathewitnessed theruthlessness and brutalcited in the 1984 rape and murder of four ity ofthe Salvadoran government, whichwas Maryknollnuns inEl Salvador, and nineteenof being subsidized by the United States. "Iwas the twenty-seven officers involved inthe 1989 disturbed to see mycountry givingmillions of massacre of six Jesuits, their cook and her dollars to this government," Bourgeois stated. daughter. Its most notable graduates include "It was wrong, it was immoral and it was a Noriega, D'Aubuisson, Haiti's General sin." Francois, oneoftheoustersofformerPresident Upon returning to die United States, Arisude, General Hugo Banzer, brutal dictator Bourgeois formed the El Salvador Solidarity ofBolivia in the 1970'sand General Hector Conunittee and organized civildisobedience Gramajo, architect of Guatamala's death protests outside ofthe Schoolof the Americas squads in the 1980*s. In addition, the school at FortBenning. He was twice jailedfor such ...Priest, continuedonpage 8 trained a large number of the members of - HIGHLIGHTS Group Spotlight Editorials and Opinion Mailbox An InterviewWith the SBA President Da Bills Win the Superbowl Alumni Focus: Class of'B3 Docket 3 4-5,11 6 7 9 II �j I I]H H PIEPER FREE I MPRE REVIEWEXAMIiI ANNOUNCING OUR LOCATIONS FOR THE MARCH MPRE ***NOTE: All classes will run from 9:00 a.m.-5:00p.m. H H Sunday, February 13,1994: live Lecture Amphitheater, Main Floor Fashion Institute of Technology H 11 Saturday, February 26,1994: video-tape Lectures H LI 11 Albany Law School Buffalo Law School Boston University Law School Hofstra University Syracuse Law School Georgetown Law School TblaneLaw School ROOM E 7/8 ROOM 108, O'Brian hall ROOM 734 ROOM 217, Breslin Hall TO BE ANNOUNCED ROOM 154 TO BE ANNOUNCED H [J Sunday, February 27,1994: video-tape Lecture H Room 110 Room 403, Preston Hall H II H II E] H 11 H 11 H NYU Law School ■I PACE Law School [I H I] To reserve a seat, call 1-800-635-6569. This course is 100%free ofcfmrge wlietlier a Pieper student or not All students are welcome NO MATTER WHAT BAR REVIEW COURSE YOU ARE REGISTERED FOR.!!! Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa 1] H H 11 H |j 11 H H M �Feature Column: DomesticViolence TaskForce Group Helps BatteredWoman Fight Back By Peter Zummo, iFeatures Editor Domestic violence is an unfortunate fact oflife in America. According to F.8.1, statistics I outofevery 3 women will at some point in their lives become the victims of domestic violence. Trying theirbest to help these victims navigate the sometimes confusing waters ofour legal system is the Domestic ViolenceTask Force. The organization, whichhas over 100 students in its general membership, is guided bya steering committee composed o fLeslie Pearlman, Julia Solo, and JeanKupinski. Thegroup isprobably bestknown forits Court Escort Service. Thisservice, started in cooperation with Haven House, a battered women'sshelterin downtownBuffalo, provides law students who serve as escorts to victimsofabuse whenthey go to courtseeking protection orders. According to Julia Solo, "many womenarevery nervous about sitting in court and facing theirabusers, sometimes for the first time since they were abused." Theescortsaccompany thewomen into thecourt, oftenprovid ing transportation to and from the Courthouse. Victims of domestic violence are referred to the task force by various groups, including HavenHouseand Catholic Charities or they can call a confidential direct telephone hotline645-2 782. Many abused women find the court system intimidating. The delays and postponements that are an unfortunate fact of legal life become confusing and tiring. Some victimsare forced to return and see a Judge 3 or4times in orderto begranted theirprotection order. The students provide moral support, encouragementandhelp foster asense ofpersonalsafery. Accordingto Solo,' 'the students under no circumstances offerlegal advice." They may, however, explain in lay terms what took place in the Courtroom, or definea specific word or process to the women. Before becoming court escorts, they undergo 7 or 8 hours oftraining in addition to a "Court Walk Through" to familiarizethemselveswith court procedures. Thewalkthroughisconductedby judgesand probation officers. The caseload varies from one to five women per week. This week, for example, three women will be escorted to Court. According to Solo, the group is committed to providing an escort to someone whoneedsone, provided theyaregivena24hournotice. Another service provided by the Task Forceisthe "Tuesday NightClinics." Under the direction ofJeanKupinski, the clinic provides free legal advice to battered women. Attorneys from the Volunteer Lawyers Program provide legal services, while the UB studentsdotheintakeworkontheclients. This programruns everyweek indowntownBuffalo, and is focusedtoward the more economically disad vantag ed segment ofthe population. The taskforce isalso planning an education program in cooperation with ARTF, the Anti Rape Task Force. According to Beth Ratchford, amemberofthetenperson steering committee, the programwill berun in conjunc- tionwiththeOfficeofßesidenceLife. Itwill seek to make people aware of scope ofthe domestic violence problem. "Every 18 seconds awoman is battered inthis country"and domestic violence is "the leading cause of injuries to women who seekhelp inhospital emergency rooms" said Ratchford. TheTask Force is in theearly stages of planning a production of "Father Knows Best" a play on domestic violence. Elizabeth Goldberg is coordinating this project and a dateand venue will be announced as Thestudentsprovide moral support, encouragementand helpfoster a sense of personalsafety. soon as the detailsare available. In the more immediate future, a bage saleis set for this Wednesday, February 9,01 the first floor of O'Brian, and a PlateLuncl fundraiser is scheduled for February 23. The Domestic Violence Task Force whichreceived theLaw Students Legal Ethic: Award fromThe New YorkStateBar Associa tion,isa vitalpublic servicegroup at UB Law The group seeks to help victimsand educate al ofus. It is an example of why many peopK decide to attend law school. All lawyers regardless of their field of practice, shouk rememberthatpro bono serviceto those in neec isan important and integralpartofourprofes sion. Speaker Addresses Disability Rights by JoeBates, Contributor Adrienne Asch, internationallyrecognized experton issues of disabilityrights and professor at theUniversity ofßoston School of Social Work, gavea presentation called' 'Harmonizing Reproductive Rights and Disability , Rights, * sponsored by the Baldy Center for Law & Social Policy. Professor Asch is a member ofthe White House Health Policy Working Group, whichis focusing on theethical aspects ofthe new health care plan, and, in particular, the crossover areas of disability issuesandreproductiverights. Professor Asch recently taughttheBaldy Center Short Course entitled,''Disability, Rights and Difference.' * According to Professor Asch, in the 19705, reproductive issues for people with disabilitiesfocused onlack ofproper medical care, lack ofappropriate contraception, and state interference in the decision to become parents. There is still great difficulty for a disabled person toretain custody ofchildren after a divorce,especially ifthe spouse is not disabled. Edilor-nChtf Photbymilßasvg, " We use technology toprevent what we can, and maintain the delusionthat we have control overlife." —AdrienneAsch With the new technologies, there has arisen theability to pre-natally diagnose childrenwhomay bebom withdisabilities,and to genetically select among embryos fertilized in-vitro. ProfessorAsch argues thatthe decision to abortan unborn child diagnosed with a genetic disorder is a substantially different ethical question than simply asserting the reproductive rights ofthe parents. Many in the medical community are AdrienneAsch, University ofBoston School ofSocial Workprofessor working toprevent abortion as a methodofsex selection—that is, to abortbecause ofthe sex of the child. Sex-selective abortion tends to lower die status o ftlie woman as aparent, and undermines sexual equality-especially ifone gender is favored over the other. With the claim lastsummer that scientistshave discovered a linkbetween geneticsandhomosexuality,the possibility ofdiagnosingand aborting seems inevitable, complicating gay rights issues. It should be noted that most scientists believe thatsuchacomplex behavior cannot be determined genetically. So why abort fordisabilitiesandnotsex? Many argue that disabilities cause suffering, are not normal,and that it is irresponsible to bring a child into the world ifit will suffer and cause the suffering of others. The argument usually contains thefactorofthe costto society o fearing for a disabled person through adulthood. The disabilities rights movement claims thatmany ofdieproblemsfaced by the disabled are caused by society and are not inherent in the disability. If the barriers to social participation areremoved, the disabled can lead a happy life. Because the disability is assumed to be the problem, many other problems are blamed onthe disability-thereis a lot ofliterature claiming disabled children destroy families and psychologically harm theirsiblings. It is also argued that feminists should support the decision to abort because women withdisabled children cannotleada full lifeor follow acareer. AfteralL caring foradisabled child can be a lot ofwork. However, most disabilities donot manifest themselves at birth. Screening every fetus would cost a lot ofmoney, and would prevent only the small percentage that are birth disabilities. The process therefore may not be cost effective. Ethicists also believe that aborting in this instance fundamentally alters theparentchild relationship. Being a parent involves being prepared to deal with thechild and all the problems the child will have. Does putting suchacondit ion onbirthalter theconditionsof parenting? If you are willing to become a parent, but nota parent ofa particular type of child, there is a dilemma: how disabled does the childhave to bebeforeabortionbecomesa viablealternative? Theattitude now is justto prevent the disability,and not to gather informationon how the diagnosed problem would andwouldnotaffectthechild'slife-emphasis on tragedy and doom. Pro fessor Asch conehided, "The problems with pre-natal diagnosisarise from die Americanethosofprogressandusingtechnology to control one'ssurroundingsand experience; we use technology to prevent what we can, and maintain the delusion that we have control overlife." Probing,Timely,Controversial,OneDay Late Because Of DrinkingTooMuch Beer,... JoinThe Opinion! ***Rememberto send inyour "Love Blurbs!" DueThursday'.Seepage 11.*** Confessions Of a First-Year ByShawn Carey, Contributor Thenightmare is always the same these days. It'ssetinacourtroom, about ten years from now. The courtroom is filledwith attorneys, andl'moneofthem. My client is sitting next to me, his right leg in a cast, a pair of crutches leaning against the armofhis chair. It'sasimple case, really. He fell, and now he's not getting up until the defendant, his nextdoorneighbor, gives him several thousand goodreasons. Atleast that's what my client and I had in mind when we filed his claima couple months earlier. I was sure then that I had a big winner, but now I'm uncertain. I can't shake the feeling that I've overlooked something. Something big,and obvious. "No.thatcan'tbe," Itellmyself. "Notagain." The bailiffcalls my client's name, and I swallow hard. Ourcase is up, in more waysthan weknow. My client hobbling behind me, I move toward the judge, smoothing the frayedlapelsofmysuitcoataslgo. Itry to generate someconfidence in my walk, but muster only a ridiculous, polyester strut. The defendant'slawyer,resplendentin flawless gray flannel, is already standing beforethe judgewhenmyclient and Iarrive at our places. The judgeis in ahurry and wants tohearourclaim forthe record. Immediately. I shufflepapersforafew seconds. Then I start sputtering sounds that not even Irecognize as words. Finally, I'm, talking. Sortof. My vocal chordsare as tightasthestringson a finely-tuned violin. Ilistenforsomesemblanceofconviction orauthority inmyvoice, buthearonly self-doubtand fear. Afterafew minutes, I decide I'ye said enough. The judgehas the basics. My client slipped on an icy driveway and shattered his fibula as he crashed to thefrozenasphalt Whatmore is there to say? Well, thedefendant'sattorney has one little detail that I have overlooked from the start. His voiceresonating with perfect pitch, my opponent delivers the bad news to the whole courtroom with more than a hint ofa smile on his wellgroomed face. His precise words chop through the baseofmy client'sclaimlike aheavy axe througha stickb fbalsa wood. Itseemsthedefendantdoesn'town thedriveway on whichmy client slipped and fell. No, it turns out the defendant rents both the driveway and the attached home from my client. The courtroom breaks out in spontaneous laughterand I break outin equally spontaneoushives. The judge isappropriately merciless. He tells me, "You're exactly the-; typeoflawyertheßule 11 sanctions were made for." He awards the defendant several hours worth oflegalfeesand tells my client and I to get the hell out ofhis courtroom. Ido just that fast, I leave my clieuttohobbleoutonhisown, suspecting, that ifhe evercatches up withme, he may takea swing at my head with one ofhis crutches. But the only one who catches up with me is another lawyer. This one's dressed in an expensive suitand looks vaguely familiar. He was in the courtroom, and nowhe'sgotaquestiou forme. "What happened toyou?" ' 'Well,you saw whathappened.. - ."Ibegan. ... Confessions, continuedonpage 3 February?, 1994 The Opinion 3 �OPINION Volume 34, No. 9 jjJT Fomded 1949 February 9, 1994 Editor-in-Chief: PaulH.Roalsvig ManagingEditor: Kevin P. Collins Business Manager: Lisa Nasiak News Editor: SharonNosenchuck Features Editor: PeterZummo Layout Editor: EvanßaranofT Photography Editor: Dan Harris Art Director: KalhyKorbuly Staff Writers: Saultan H. Baptisteand Paul Beyer Contributors: Steve Balet, JoeBates, JoeBroadbent, Shawn Carey,Les Machadoand Jeffrey Weiss Computer Consultant: Peter Beadle EDITORIAL UB Shouldn'tTakeAccreditation Lightly The Massachusetts School of Law (MSL) is suing the American Bar Association (ABA) in Federal Court, charging that the ABA's accreditation process violates American antitrustlaws. The ABA recently refusedto accreditthe lawschool. Theschool alleges thataselectgroup ofABA insiders act, in effect, as a cartel, imposing costly and unnecessary standards on law schools. These standards protect the financial interests ofprofessors, law librarians, and the standardized test services, thesuitcharges. Thecostofthisprotection isborne by thelaw students, whoreceive an education that emphasizes theoryrather than practice, says MSL. Not only isthe Massachusetts SchoolofLaw suing the ABA, it isalso requesting the United States Department ofEducation remove the ABA's accreditingpowers. ABA standards for accreditation include a requirement that the ratio of students to fu 11-time faculty be no more than 25:1, according to the ABA Journal. Also, faculty members are required to be paid comparable salaries to faculty members at competing schools. In addition, the average number ofhours that a professor may teach is limited to ten hours a week, supposedly so thatprofessors have enough time forresearch and classroompreparation. The number of months aprofessorcan teach islimited to nine months peryear. ' 'If the Bar Association loses the suit, the whole house ofcards fallsapart,'' Colin said Diver, Dean ofUniversity ofPennsylvania Law School, in aNewYork Times article on the case. How doesthis lawsuit effect ushere at UBLaw School? Well, for one thing, theperiod that accreditation lasts is not infinite. UB Law School's accreditation will be expiring soon, and the school will soon bereexamined bythe ABA. Atleast 42 statescurrently require graduationfrom ABA-accredited law schools in order to be eligible to taketheir state barexams. IfUB lost its accreditation, UB students would be limited to taking the bar exam in only about eight states. Asyouneedto pass the bar exam in order to practice as an attorney, it would reduce the job opportunities available to UB students. If the law school would lose its accreditation, many prospective students would not apply here, thus lowering the quality ofthe student body. Is UB likely to lose its accreditation? Probably not. However, thinkabout ofyour classes have a student-to-teacherratio of25:1. Also, how many many how ofthe second and third yearclasses are taughtby full-time faculty and howmany byadjunct faculty? Many 2Ls and 3Lsjoke about how they go to UB Law "Night School." Well, ifUB loses its accreditation, it will not be a laughing matter. And for all ofyou who were wondering whyprofessors spend so little time in the classroom, only teaching two classes a week, while getting paid such enormous salaries (some faculty make over $ 100,000), now you know the reason. It's notbecause they are lazy, it'sbecause it istheAmerican Bar Association has setthis as a standard; restrictingprofessors' classroom hours, and governingpay levels. In conclusion, The Opinion staffencourages thelaw schooladministration to work to keep our ABA accreditation. And wewill keep you updated on the progress oftheMassachusetts SchoolofLaw. To paraphrase TheNewYorkTimes. this case may prove to be the flashpoint of an uprising that could ultimately cripple the ABA's7o-year-oldauthority toaccredit American lawschools. Who knows, 10 years from now, professors may have to teach 11 hours a week. Copyright 1993. The Opinion. SBA. Anyreproduction ofmaterialshereinis strictly prohibited without theexpressconsent oftheEditors. JTjeOrJuiion.ispublished everytwo weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheStateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily those ofthe Editors or StaffofThe Opinion. The Opinionis a non-profit organization, thirdclass postage entered at Buffalo.NY. Editorial policy ofThe Opinionis determinedby theEditors. The Opinion isfunded by theSBA from StudentLaw Fees. The Opinionwelcomes letters to theeditorbut reserves the right to edit for length and libelouscontent.Letters longerthan three typed doublespacedpages will beeditedfor length. Please do not put anything you wishprinted under our office door. Submissions can be sent via Campus or UnitedStates Mail to The Opinion. SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo.New York 14260(716)645-2147 orplaced in law school mailbox76l. Deadlinesfor the semester are theFriday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. 4 The Opinion February 9,1994 Opinion Mailbox rTo Faculty Should Meet Grade Deadline techniques toimprove future performance. To meet theneeds ofthese concerns,I askthatyou As required under section 7 ofthe SBA ensure thatall Fall 1993 gradesare submitted Bylaws, I wish to encourage you, and theother by the deadline, as required under faculty membersoftheUßlaw faculty, toadhere to the resolution. Onarelated matter, although the SBA February 15,1994deadlinefor Fall 1993grades to be submittedtotheOfficeofAdmissionsand maintains its disfavorwith theFall implementation of the current grading system to all Records. Several faculty members have alstudents, it is important that ready submitted Fall grades, the new grading system, however, many courses are still whichallowsfor aphis ("+'') outstanding. Students whoare and minus ("-") category to currently seeking summer and be added to the Q grade, be permanent employment need applied by all faculty during theirFall grades to aid in their the Fall semester. If all facjob search, especially in avery ulty members do not apply competitive market. Such inconsistent gradingscales, stuformation is particularly imdents will not receive equiportant for first year law stutable grades among their dentsas they haye no prev ious courses for the Fall semester. measure of academic perforthe efforts appreciate I mance in lawschool with which of the of the law members to show prospective employfaculty concerning thesemattersand theircompliancewith Grades also play an imthe deadline. portant role in the academic Dean Barry Boyer: environmentasameansofgiving feedback to students as to theirperformance in a course. Timely feedback allows a student to consider their approach to legal study and adapt their study Sincerely, Saultan H. Baptiste SBA President Stop the Foolishness To the Editor: It seems as if some of us have lost the most basic understanding that we are in law schooltogether. Fundamentally law school is a cooperative enterprise. We depend upon eachothernotonly forthe quality ofclassroom instruction but for our institution' s shortterm and long termreputation. Unfortunately this yearas far as student interactions have been concerned we have acted like we have taken our cues from a poor script from daytime television. The most recentcry has been forarecall ofmygood friend and present President ofthe SBA Sultan Baptise. There aresome mdiv iduals who genuinely believe thattherewas some wrong doingand they have aright to voiceand exercise theirconcern. But forfar too many the recall petitionrepresents a personal attack on thepresident'scharacter. For these individuals it represents an opportunity to bring the president down inan act ofrevenge for alleged slights real orimagined. Mostpeople I feel justwant thefoolishness, and it is foolishness, tostop. What are we doing but wasting time on nonsense? When will the SBA [and I am a member] stop this make sure thateach oneofushas the base-line qualificationsthat employerslook for?No. Do wedevelopan ongoingrelationship withalumni so that there is greater continuity between graduatesand the present student body? No. Do we develop a plan to have a centralized computer network to diminish cost and increase efficiency? No. What do we do?We spendover three monthsinvestigating theSBA presidentfor actions he tookbefore he became president I am asking thatthis cycle ofdistrustand doubtstop. As athird yearclass directorI am asking thatthirdyearsstep up and provide some leadership. No, I am not asking for money [smile] nor time. Instead I am asking thatyou joinwithmeinsupportingapledge. Iam asking that the thirdyears pledge that whomever is employed in whatever capacity nextyear help as best they can to find or support those who were unable to find legal employment. By supporting each other wecan begin to end the mindless cycle ofpitbull politics whichhave emerged in the SBA. Ifweare honestwitheach othertwenty years fromnowavotebytheSßAwillprobably be forgotten, but whatwon't beforgotten are the good orill feelings thatwe generate by our fighting? Weare in no manner adding dignity actions and attitudes towards each other. All or value toourselves or our institution. Weact of our rhetoric about wanting to help others like thisis agamerather than a training ground seems disingenuouswhenattheslightestprovofor legal development. More importantly as cation we are willing to destroy reputations youbring down the one individualforthepetty and lives. Too often we are willing to say, and the inane, you diminish your own worth as "screwU.B. whathasitdoneforme." Butl believe thatwithagoalat improving theschool studentand ahuman being. We are not Harvard. We are not Yale. for those who follow coupled witha definite Weare not NYU. I do not state this to glorify strategy we can succeed. Ifno oneis willing certain institutions but rather to point outthe tohelpus,thenwemusthelpourselves. No this obvious fact that we must work together to isnotagame. Itis up toeachoneofusto demand improve and enhance our school. Harvard, more from ourselves then anyone else could Yaleand like schools, hire thosealumni from ever expectofus. Thank youand peace. theirrespective schools. Our schools reputation and standing is declining. We are conSincerely, stantly in need of greaterresources. So what do we do?Do we figure out more ways to get James A Lynch Jr. employers tocome toourcampus?No.Do we Class Director, 3L ••• UpiilllJil lVi.Ulllj(/X,continuednextpageandpagell Due to technicalproblems, this issue of the Opinion was published a day late.We apologize for any inconvenience to the lawschool community orour advertisers. �Fuel For Thought Features Editor By Peter Zumino UB: Open, Closed, Or Cancelled? Several weeksago, Buffalo experienced the coldest weatherthathas beenrecorded in WesternNew York in the last 10 years. Closed schools and businesseswerethe norm, in addition to canceled events, and social activities. Even the U.S. Postal Service, (whose letter sense at ÜB. Satisfiedthat I could sleep in, stay warm, and catch up on some work, I went to sleep. Wednesdayafternoon, as I listened to theradio, I heard an announcement thatBuffalo Public Schools would beclosed again onThursday. I telephoned UB to determine ifclasses would be canceled on Thursday, and I wasinformed that not only would classes be held on Thursday, but that classes were not canceled on Wednesday. Evidently,bothchannels2and4 carriers are supposed to gothrough wind,rain, sleet, etc,)announced thatmail would not be deliveredto many residential areasofAmherst TheBuffaloPublic Schools, known for closing only on rare occasions, announced that they would be closed onWednesday Jan. 17. As I watched the 11 o'clock news, the cancellations and closings for Wednesday were announced. To my great surprise and relief I was informed that the University ofBuffalo was closed! I certainlywas not looking forward to making the trek across the parking lot with a windchill of50 below. Someone atÜBliad the intelligence to close the campus, or so I thought. Afterall, withtherestofUß students stillontheirWinterBreak(those lucky people), the only poor souls that would be affected wouldbeUBlawstudents. Itmade sense to me, butas Ihave becomemore tarn iliarwith theUB Experience, I realize that few things make ... as I have become morefa- miliar with the UB Experience, I realize thatfew things make sense at U8.... had made a "mistake." Being the "dedicated '' studentthat I am, and having oneclass left thatday, I decided to make the tripinto the arctic tundra, and head to ÜB. Once there, I was confronted withmore disturbing news. Not only was UB open, but thetwo classesI thought I missed had been canceled. Now thatworked out fine forme,butwhataboutthe trulyresponsible students, who called A&R Wednesday important, or who did more for his country. Such discussions are neither called for, nor productive. From a purely academic standpoint, observing President's Day inFebruary makes more sense than having a holiday one week after wereturn from WinterBreak. However, that is not the point. All Federal and State Law's population is small enough that oncea holidaysshould beobserved by UBLaw. Any student takes the initiative and calls the office otherpolicy makes amockery ofthehonorthat for information about cancellations, the staff these holidays are supposed to bestow. As could and shouldrun down thelist ofcanceled attorneys, we will not be practicing onthese classes with the caller. Perhaps an automated holidays in the future, solet's beginnow to act telephone answering system could be installed, like lawyers. I propose the following simple so that students could call in and hear a re- rule: If the Federal and/o/ State Courts are corded message informingthem what, ifany closed, then UBLaw should be closed. This classes are canceled. This wouldavoid many policy isstraightforwardand' 'politically corearly morning or totally unneeded tripsfor the rect" (whatever that means). It isthe onlyway to maintain an even playing field and give students. everyone the honorthey deserve. Holidays? What Holiday s? For this issue, that's it. As the new Ediior, I welcomeyouropinionsand Features Jay Kalasnik's letter in thelast issue of comments. Feel freerespond to this column, The Opinion (Jan. 25,1994) concerning Martin or make forfuture columns. Just suggestions Luther King Day has provoked some controcommentsto THE OPINION, Att: versy. I don'tthink we shouldbe getting into sendyour Editor. shouting matches over whose holiday is more Features morning, were told that the University was open, and risked frostbite to driveto UB only to find canceled classes? Therehas to bea better way. In this case, once themajor news organizations had announced the closing, the only logical thing to dowould havebeen to close the campus. Asasuggestionforthe future, I thinkUß I MI m M W I Cjcf OUT WnCVi'* , .-you ihmk v° ur> of) > LkS^ § &W J.. You UJOnt to hcwfcttlftc 2.'There aren't anyJ Jjobs Co/leagues are \.-you have , in lauj research/™ g /ves 3. ou ... W•J° be \...U/rU/'nj bn'efs to other ■ I cifosis "4t'« C oHhe liver, I tour on- -.., A t*«x |v»Vg^ B " . ■ f| i'vl ..£ o e rettt R, 4 I Oc>ui- opto^u^ut oiu^t^ol^^ i Ss£v& ■ I(\ aW ftPM Km Ti\ blood 'w&uufa 1 people's problems IIfhiqK /hearf disease, off n>£ & : yOUP choice: I c*,v s'onj Iis-fen ing ,lk<ld 4. Law bor><z.s j^ou $ You weekends makes you. 1... you /f5 O An n OjUP^tfin. °^"""TI \AmAT a I fiRE YDU Dγ•■ .HID »tt.c unknown /<SO M too Me, its to nsky. I ■ I I Opinion Mailbox: Would You Eat Your Pet? Dear Editor: To generate someawareness and general public discussion regarding animal rightsissues, SOLARposted severalfliers which read "Why do you love animals called pets, and eat animals called dinner?". Ananonymous person wrote "Idiots!" next to the acronym SOLARand attached the following answer: Because humans are capable of a greaterrange ofbehaviors than most animals including,and this is noj paradoxical, those of loving animals called pets (or perhaps subjecting them to "petdom")and still eating animals called dinner; wearing animals called shoes; utilizing animals called transportation, experimenting on animals called necessary medicaladvancement.etc. In respect tousing otherspecies, weareno different fromanumberofEarth cohabitants. Whydon'tyoudedicateyourtimeto curingcancer, educatingpeople about AIDS, reducing the incidence ofrape and hate crimes, furthering the rights of African Americans, Native Americans, female Americans, or homosexual Americans, or evenjustcleaning up your environment? Youcan startby ripping downthese stupid flyersofyours. Thank you. We wouldlike torespond to theconcerns ofthisanonymous person and others with like sentiments. Indeed, wehumans exceed many animals in our behavioral range: genocide, environmental destruction, economic exploitation, racism, etc. Butpeiiiapsyouwerercferringtoour''good" qualities, suchas ourability to love? One can easily observeactsofnon-humanswhich seem to indicate "love." But even if a human's feeling of superiority does not allow him or her to see this,consider how many acts ofhuman hate you see for every act ofhuman love. In addition, you do not explain why a greater behavioral range means itisacceptable to exploitand inflict suffering upon other beings. As Jeremy Bentbam said, "The question is not Can theytalk?, nor Can theyreason ?, but Can they suffer?". Also, a greater range of behavior certainly does not mean thathumans enjoy life any more than otheranimals, evidenced by our society' smany social ills. And we must remember that we have two choices: compassion or cruelty. ..SOLAR, continued onpage 11 February 9,1994 The Opinion 5 �The Personal Side Of Controversy An Interview With Student Bar Association President Saultan Baptiste byJoeKhanna Thefollowing is a short excerptfromafourhowinterviewconducledwithSaultan Baptiste, President ofthe Student Bar Association. Theauthor seeksto obtainsimilar insightfulperspecti\>esfrom otherSBA membersinvolved. This interviewhas beeneditedtofit limitedspace. Q: Youare now entering the lastthreemonths ofyou 're administration in the midst ofcontro- versy. In a generalsense, whatareyou'refeelings when you reflect back on thepast ten months in office? A: It'sbeen very rough. I didn'texpect thetypes ofthings that are going onnow. I don't thinkthat anybody thathas ever beenin a student organizationwouldhaveexpected these things, especially in a law school. On theother hand, one wouldsay thatI had a precursor in expecting whatis happening. I mean, lastyear, duringthe campaign, there were timeswhenpeople were veryloudand literally very in-your-face. At times, people were very violent.... Q: But you ran for office. That happens in politics, doesn'tit? Aren 'tyou apolitician ? A: No.This isnot Washington D.C. orAlbanythisis law school... and I don't like politics. Q: But you 're thePresident oftheStudent Bar, aren 'tyou, ineffecl, a politician? Thereisabigdifference betweenan effectivepublic servant anda politician. I don't consider myself a politician. The word politician hasbeen bastardized to mean smokefilledrooms, slinging mud, and always having a hidden agenda thatleadstore-election.. .An effectivepublic servant createsprograms, negotiates on behalfoftheirconstituentsand produces positive results. That's whatpeoplereally want.. .results. That'swhatltrytodo.Apoliticiancantalkagood gameand still produce nothing. Last year, I did things like developing a student directory and writingthe largest seriesofart icles in one Opinion. I havealways workedhard with thegoal ofhelping and informing others. That'sjustthewaylam... There is no hidden agenda. Q: Have you been able to reach any ofyour campaign goalsgiven all ofthe controversy that now exists in theSBA ? A: A lotofthings have beenaccomplished, you know, tilings thathaveneverbeen donebefore. The sad thing is that ifyou thinkabout the amount of timeand energy that has been spent on the situationsthat arenowgoing on,yourealizethat somuch more could havebeendone. Oneof the majorprojects hasbeen theCourse Evaluation Guide. I received a lot ofinput from students as to whatkind ofinformation wouldbe importantto them. Questions thata student had to run aroundandask, about classes, will beavailable in one standard format. It will also have a list of grade distributions for eachclass. Ihope to have theprojectcompleted withina monthandahalf. It shouldprove to be a valuableresource. I hope to havetheproject completed within the next month andahalf. Another majorplatform issuethat Ihave worked on has been office space. Many groups don't haveadequate space... or any space at all. The goodthing is thatstudentactivism is growing. Theproblem is the lack of space to allowthem to develop membership. Q: Why is space such a problem? publication is distributed nationwide. Itis one of theloudest voices, in terms oftheacademic quality ofthelaw school. SoLaw Review doeshave that reputation. But, I think that on the other hand, people should understandthatLaw Review is an organization that is run by students. So they, as fellow students, understood the problems that other law school organizations were having in terms ofdeveloping and I thinkthatthe Deanand theadministrationalso understood...Organizations like Circles, TheEnvironmentalLaw Journal, our mootcourtboards andTheDomestic ViolenceTask Force havea positive impact on the legal community andstimulatethereputation ofUB Law.. .Many groups thatI have spoken with are happy withthe new arrangement. It will be anasset to organizations formanyyears. Q: What elsehasbeen going on? A: The 1Lface book hasbeena success. Itwas never done before and it has established a new legacy at ÜB. I havealso been workinguni versitywide asChairofthe University CouncilofStudent Government Presidents in addressing campuswideconcerns... SBAisbetterorganizedthrough a m ore organizedsystem ofinformation onstudent organizations and a uniform database for future SBAadministrations... SBAhasalsohadayearof successful parties and our safe drivingpolicy has allowed students to have fun, but ensured their safety...I mostrecentlyadvocated an extension for students to apply for law school scholarships and I am working on establishing a mailboxpolicy to keep out the junkmail.. .The next maj or challenge willbe negotiating thenew CodeofConduct... To tellyou the truth, I oftenstay uplate orall night just to keep things going. It takesmore timethan afull time job...It keeps me busy. Q: In your campaign you also promised a ' 'strong unifiedSBA.'' I thinkmostpeople would saythat definitely didn't happen. A: Itis a very difficultthing to do, buttherewere times when SBA was working harmoniously. I have triedeverythingthatlcouldtoinaintain itand I am still trying to come throughwith that major promise... But it ishard to dowhentherearepeople, including the person thatI ran withlastyear [Paul Beyer], who are constantly pushing for more disunity rather thanunity... Q: How has your working relationship with othermembers oftheExecutive Committeebeen? Howhas it affected theeffectivenessoftheSBA ? A:\\ hasbeeu tense. It has not been easy. Q: How haveyoubeenabletogetanythingdone, under thecircumstances? A: Itreally begins withfocus. I feel Iwas elected to provide a service to lawstudents. IfI concentrate on the political atmosphere thathas been thrust upon me orthepersonal problems thatI am having withcertain people, then I lose track of whatmy major purpose is, to help students. Ithas been a very challenging semester for many law students. Many studentshavelostintimate family members. We havehad thedeathofa fellow student[Michelle Obleman ]. Therehavebeenmany studentswith serious illnesses. As President, I think it was importantfor me to be there in any way I couldto show thatthe law schoolwas with them. I called themand sent letters andcardsofsupport...I visited them in the hospital. These are studentswhoalso need help. It comes back to what I said focus. Service to students, that is why I am here. It is almostunbelievablethat we havebeenable to get stuffdone, under thecircumstances. only one example from a long list... Ifthis matter regarded any otherstudentI wouldstill wantthings donefairly. This isa lawschool, we're not inhigh school. We knowthatthereisaproper wayofdoing things. Q: You holdthe highest office in our student government at theLawSchool. Youarea student ofcolor heading a student body that ispredominantly white. Some students haveexpressed the concern that racism might be involved in this controversy... Do you think that racism is involved? A: 1can't say.I thinkit is probably a combination ofmany factors...but it wouldbe wrongforme to speculate... Live in the heart of historic Greenwich Village this summer. � Central location in NYC's most charming neighborhood � Apartments with private bedrooms in modern, air-conditioned, 24-hour security buildings � Excellent living facilities for individuals and families � Eligibility to buy a pass to use NYU's sports and fitness center; free, noncredit weekly evening lecture series . 6 The Opinion February % 1994 Q: I haveheardseveralstudentscomment that allthree ofyou, Marc, Paulandyou, shouldallbe thrownout ofoffice... A: Well I'll tellyou, I thinkrecall electionsare fine,but it shouldbe doneproperly. I thinkstudents shouldhave an opportunity to voicetheir opinion and reevaluate whether a person is providing services for them and doing the best job for them...But thetruth is thatall three ofus, and the othermembersoftheboard, haveincredibletalent. The question is how you apply those talents...Studentsshould have an opportunity to express whether we are applying those talentsin theirinterest. Ifthestudentbody feelsthateach one ofus shouldberemoved then they have theright todoit. I havetried to healany woundsthatexisted. Ihave doneit openly inletters to MarcandPaul that were published in' 'TheOpinion" stating that we are hurting the studentbody. We can sitdownand trytohealtheproblems that are there. This semester began great, but it turned just as sharply, and unexpectedly, as last semester. I thinkthatwhat a lotof people don't see was characterized in the cartoon by KathyKorbuly in''The Opinion" of Marc choking meand mechoking Marc.. Q: There is a rumor that you were assaulted during thelastSBA meeting. A:[Saultan recounts how hewas injured after Marc Panepinto grabbed his ami in trying to get papersaway from him.]...there is absolutely no excuse forany law student to beassaulted in this manner. I calledCampusPoliceand gave thema full report. When the police left me alone in the office for a moment, Kevin Collins, a Class Director, said to me" You're going to getyours!''. Ireported this as well. I grewup inBrooklyn and I haveknown people who were killed after being threatenedwithless. Giventhefactthatldon'tliave Q:Looks like shehad a crystal ba11... a car andmy bicycle was stolenundervery unusual /1.-...we1l the thing is thatsimilar to thesituation circumstances, I have to walkhome at night and I thatoccurred lastWednesday with theassault, itis am now veryconcernedaboutmy safety... not a situationwherehe is choking me and I am choking him. lam theone getting choked, here. I Q: Wait. Ihave two questions. Areyou trying am not the aggressor, and I haven't been the to say thatyou thinkyou are inphysical danger? aggressor. There are timeswhen I haven't even A: I feel lam inphysical danger. Like I said responded. before, even before I became President, people's tempers, including some ofthose involved, went Q: Giventhe turmoil, why haven'tyouresigned? over theboilingpoint. Iwasn't about to just sit by A:\ speak to a lot of students and I am still this timeand letit rest. working hard to help them in any wayI possibly can. Tuewayllookatitisthatstudentshaveelected Q:Areyoualso suggesting thatthe theftof your me to do workfor them. lam doing mybest to do bike is related? that job. Ifstudentsfeel thatI shouldberemoved A: There is absolutely no evidence of that... becausethey are not satisfiedwith thejobl'm doing There havebeen some leadsbutl don'thaveany then theyhave theoption. But as long as I feel that detailsregarding this, at this time.But thepoint is I am still working for students and am able to thatI don'thaveany transportation and I have to provide the thingsthat they want, then.. .1 don'tsee walk to andfromhomeand Iam very concernedfor theneed to resign. I will continue to domybest. my safety. Q: Areyougoingto lookback on all ofthisas Q:Areyou seeking legal recourse for eitherthe onebignightmareorasatraininggroundforyour assaultor the threats? A: 1 can't discuss that at this time.. .Igrewup legalcareer? A:I didn'tcometolaw school to learn this, but in a rough neighborhood inBrooklyn, I finished fe is a teacher, youknow, andyou learn fromall li high school, undergraduate school, received a masters and here I am in law school and its like the experiences thatyouhave. I havelearned a lot dealing with thugs, like street thugs in Brooklyn. from this experience. I havelearned a lot about human nature... — A: Not only haveother departments, such as Economics, taken over space,but even theMoot Court room is used more byundergraduates than Q: You arefacing a potentialrecall election. by lawstudents. O'Brian has less ofan identity as Howhave thingsprogressed to this? alaw school. I havespoken on severaloccasions A: Thereis no doubtthatthe Treasurer [Marc with President Greinerregarding thepossibility of Panepinto] and the Vice-President [Paul Beyer] anewbuilding for thelaw school. The lawschool havebeen workingin tandem I don' t know what ought to haveits own identity. But building a new motivates them and I don't want to speculate. building will takemanyyears.The problem is lack Although I disagree with many aspects of the of space and the inability to develop a lot ofthe committee report, it suggested thattheir actions space in O'BrianHall dueto asbestos. It was very ''were not intended[as] a balancedreview offacts hard to find available space. I was able to work butapoliticallymotivated hit'..."lcan'tgetinside successfully with theDean to getspace on the sixth theirheadsand explain it. floor, Room 603. TheDean was sensitiveto thefact thatstudentsneededspace. It was a very important Q: Allegationsofunconstitutionalactivities were gain. We were effective in communicating our made against you. These include allegations of need. Room 603 used tobeavery largelibrary that inappropriate use offunds and misuse oftelebel ongedto theLaw Review.We were able to work, phones. Youhaveexplainedyourposition on these through a lot of discussions. It took a lot of allegations on several occasions and you excompellingand persuading to get that space. pressed concernover theway the allegations were raised andhandledby the committee... A:...It hasjust not been handledproperly. ..Marc Q: There seems to be mixedfeel ings on thepart ofsome membersof'Lawßeview, and others, over has accused me oftryingto hidebehind procedure. theoffice space issue. Some say theyrecognize the I am not tryingtohidebehind procedure.I just want spaceproblems, but otherfeel that they thattheir to ensure thatI havefair dueprocess, which is what work that theydid justifiedthespai -c they had. How anyone would want. I voiced concern early in the didyou work with them to arrange an agreement? process thatbiased people were on thecommittee. No one on theSBA disputes that some committee A:\i\ general,I don'tthink anyonequest ionsthe membershad knowledgeoftheallegations prior to role thatLaw Review playsatUH.il is one ofthe the October meeting, but they were kept on the oldest student organizations in thelaw school. Its panel. Thatdefeatsailsenseoffaimess.Thiswas I would neverhave expected this type ofthing in law school. I SPECIAL SUMMER RATES One-Week Minimum Stay **• * May 21—August 13, 1994 - "*- I I FAX or Mail to: Summer Living NYU School of Law I 240 Mercer Street I New York, NY 10012-1558 I FAX: 212-995-4033 .• For more information on the SummerLiving Program at the NYU School ofLaw residences, please FAX or mail the coupon below or call 212 998 6512 r From " I Name I Address I __ City I Day Phone ( ) . __^ Approximate dates of stay? State Evening Phone , Zip Code | | I School/Company/Affiliation JI New York University is an affirmative action equal opportunity institution A-5 �, Da BillsWin the Superbowl by Kevin P. Collins, ManagingEditor Someday that will be the headline in The Buffalo News and all the newspapers across Americaandaround the world. No,notthis year. Andnot forthepast four years. Butsomeday. Itmaynotbeinthe 19905, itmay not be in this century, and it may not be in ourlifetimes. But someday, that will beda headline. TheBuffalo Billsdeservealot ofcredit. They accomplished what no other team in the history of American professional sports- all sports, including football, baseball, basketball and hockey-has everdone:the Bills made it to the Championship game ofthe sport for four champion. consecutive years. Unfortunately, fortheßills The Bills and their fans talk alot about and their fans, they also accomplished whatno respect. They feel that they do notgetenough other team inthe history ofall Americansports respect nationally for whatthey have accomhas everdone either- they lost in the Champiplished. Butquick,name just 3 players from the onship game for the fourth consecutive year. Minnesota Vikings or DenverBroncos teams ofthepast TheVikings made ittothe Superbowl The Agony ofDefeat and Finishing four times in the 19705, 3 times in 4 years,and Second in Sports Sucks lost all four. Just like the Bills. And the Losing sucks. Anybody who saysotherBroncoshavebeen in the Superbowl fourtimes wiseis full of it. lam not talking about life in and lost all four times,justlike the Bills. Yet, general,but justaboutsports. Anybodywhohas when you think about the great teams ofthe played any kind ofcompetitive sports knows NFL, do you thinkoftheVikings ofthe 1970s that the tiling is to win. Just win baby. The or theDenver teamsthatkept going back to the phrase that"itis not whether you win orlose Superbowlandkeptlosing. Not. Andlbetyou buthowyouplay thegame" isbullslut Somecould onlyremember JohnElway as the quarbody put itbestwhen itwas saidthat' 'youshow terback oftheBroncos (andbefore him Craig me a goodloser, and I' 11show you a loser." Morton)and FranTarkenton as thequarterback Weallknow"Wideright!" Norwood's ofthe Vikings. Andyouprobably only rememboot that sailed offto theright as time expired ber Fran Tarkenton because he does those washedaway theBills' chance ataSuperbowl stupid infomercialson TV with Anthony Robvictory four yearsago. They hada goodchance erts aboutbeing psychologically powerful and to win that game. They didn't. And they gettingrich and crap like that. Sucks, change haven't come close in the past three years. it. Yet, those teams werefull ofgreat players. Three years ago,Thurman Thomas couldn't Great players on teams that never won the find his helmet as the game started. That Superbowl, lost the Superbowl four times in a Superbowlwasoverbyhalftime. Lastyear.the row,and arenow forgotten. How manydoyou Bills, led by Thurman Thomas, committed a remember? How many are in the NFL Hall of record nine turnovers on their way to getting Fame? To the victor goes the spoils. Ifyou destroyed and embarrassed by the superior wantrespect,youhavetoearnit. Youdon'task forit. Youwin,youearnit. Youdon'tquit,you Dallas Cowboys. And this year, the fourth and latest in earn it. I respect the Bills for going to four these historic and record defeats, was "The Fumble." The Bills led at halftime, 13-7. In straight Superbowls. But I do not respect the first series ofthe third quarter, Thurman Thomas quittingearly in the third quarter. Itis Thomas took thehandofffromquarterbackJim not enoughto just to sayyou have tobe in it to Kelly, and got hit and stripped of the ball by winit. To win itall, you have to hold on to the Dallas Cowboy defensivelineman LeonLett. ball. And you also have to possess a profesThe fumble waspickedup by Dallasdefensive sional attitude and never quit Onlast Sunday, the Bills didnot hold on to the ball. Andwhen star ofthe game, James Washington, and reat hi foratouchdown to tiethe 13. game things got rough, they gave up. Too bad. turned I could go into why I thinkthe Bills only the Bills Because as rewatched the game, fact, I fourth havelostfour Superbowls in arow, andwhythe in early a touchdown the trailed by has lost the last ten million years to the AFC quarter. BetterteamsintheNFC. "The Fumble" NFC. Bettercoaches. by After they quit. But Thurman Thomas, heand the Bills quit. Bad Bigger dudes in the NFC that John Madden things started to happen, man, bad things. likes to talk aboutand draw diagrams shouting Thomas wentto the sidelines, put his head in "say thisguyjustpushesyouandboom!" But a towel,and gaveup afterhis second fumbleof all that is another story and another beer conthe game. He said hehad crampsand couldn't versation, lam justpissedoffbecausethe Bills play again untilthefourth quarter. Anyonewho quit last Sunday while their fans have never believes that has cramps in their head. Just a quit. fewweeksearlier, DallasCowboy starrunning backand Superbowl MVP,Emmitt Snu thhad single-handedly beat theNew York Giants by gaining 165 yards with a separated shoulder. And Smith carriedDa Boys on his back by the Green Bay Packers, crushing the San Francisco 49'ersandshowingtheBillsatruewinnerand Buffalo People are Really Hungry,and I'mNot Just Talkin' Chicken Wings Youcan hear their stomachs growl. I mean it. Andyou also see it in theireyes. really Daßills' fans hungerand long forthatelusive Superbowlvictory. And you know what, they Jack B.Weinstein Chosen as 12thAnnual Devitt AwardWinner United States District Court Judge for the Eastern District of New York JackB. Weinstein is therecipient ofthe Twelfth Annual Edward J. DevittDistinguished Service to JusticeAward. JudgeWeinstein is honored for his outstanding contributions tojustice as a developer ofthe law, a teacher ofthe law, a writer,and a jurist. JudgeWeinstein wasselected fortheDevitt Award bya committee comprised ofJusticeAntonin Scalia ofthe United States Supreme Court, Chief Judge William J. Bauer ofthe Seventh Circuit Court ofAppeals, andUnited States District Judge Oliver Gasch ofthe District ofColumbia. The award, established to recognize extraordinary service by members of the Federal Judiciary, is made available by West Publishing Company in the name ofEdward J. Devilt, long-time Chief Judge for the District of Minnesota. JudgeDevittdiedMarch2,l992. The honor is symbolized by an inscribed crystal obelisk. Presentation will be made to Judge Weinstein at a tune and location to be named later. disliked that even today's Ranger fans still chant in pureNew York hatred. In basketball, the cool thing is to root for anyone now that Michael Jordan has retired. Now other teams have a chance to win a Championship. But who knows, is Jordan really retired? Well, that'salso another story (and a so-so Superbowl halftimecommercial). So,whatoffootball? IrespectNew York Giant fans. I know the Giants have won two deserve it. Hailing from New York City myself, I sometimes get turned offwithall theBills hype around Buffalo. I mean it's like every Bills player and their grandmother has a TV and radio show. Everybody in Buffalo wearsBills' hats, jackets, sweatshirts, pants, and socks. I even sawawomen withaßilIs bow in her hair. The Bills' logo is on cars, instore windows and on people's houses. And when I go to shop, Bills' memorabiliaiseverywhere. I oncewas Superbowlsrecently,and oneagainst theBills. in a store that was selling Bills' bricks. Toy But remember, the Giantssucked in the 1970s rubberbricks withthe word "Bills" written on and early'Bos. They once had a gamewon. I it. Whatthehellareyougoingtodowiththat? meanman itwasOVEß. Allthathadtobedone The Bills made me want to puke. was kneeldown for one more play, time would Butstilljrespectthe Bills' fans. No.not expireand theGiants would winthe game. But because, assome say, theBills (and the hockey on thelastplay off thegame, the simplestplay Sabres) is theonlytiling people inBuffalo have. ofthe game,the quarterbackrumbled the ball, thePhiladelphia Eagles picked itupand ran it No, notbecause thereis no pro fessionalbaseball or basketball in Buffalo. And no, not back for a touchdown to win the game. Some because a lot of factories in Buffalo have call it "The Miracle at the Meadowlands." closed and wentto Mexico. Irespect Bills'fans The players stood in disbelief. Fans stood because they don't quit. Yearafter year, they outsidefor hours burning, yes burning, their root for their team. There's something to be remaining tickets to the rest of that season's games. Butno matter how bad the Giantswere, said for that. theirfans stayedwith them. There is no harder / respect Bills because ticket to get than a ticket to a Giant game. They'resoldoutuntilKingdomCome. lonce they don't quit Year called up to try to charge some tickets. The their team. w(>menanswering thephone laughed atmeand year, they root There *s something to be said told me to call back in twenty years, as the Giants were all sold out until then. I have it that marked on my calendar. In sixteen years, I'm In baseball, the cool, hip thing to do is going to callback and getmy tickets. And I'm root fordie Chicago Cubs. Now, those Cubbie also going to tell her that I didn'tappreciate fans are real. Their hunger willput the Bills beinglaughed at. So, maybe now the cool thing to do in fans' hungerto shame. TheCubshavenotwon football is root for the Bills. And root for the a world series inwhat-twomajorworld wars, Bills' fans. Year after year, the Bills' fans tenpresidents, sixpopes and seventy years. Or something like that. And they also havea cool standbytheir team and root for the Bills incold, stadium. The attendants will even pour your snow-covered OrchardPark stadium. Itmaybe beer for you as you sit in the shade by the ivy fanatical, itmay be scary, butitisloyalty. And walls watching the game being watched by itisnotquitting. No matterhow disheartening the Superbowllosseshavebeen,theßills' fans people in the roof across the street. In hockey, where I comefrom thechic stay loyal to theirteam and do not quit on them. thing isrootin'fortheNew York Rangers. And, And that's why I waspissedoffwhen theBills, that'snot easy. In fact, it's harder than rootin and especially Thurman Thomas, quit after for theBills and I' 11 tellyou why. Because in ' 'TheFumble in last Sunday's Superbowl. the 1980s,theNew York Islanders,the Rangers Because to be awinner, youcan't bea quitter. crosstown rivals, wonfour straight Stanley Cup Andlwantto seetheBills win aSuperbowl. If Championships. Andtheßangershavenotwon not forthe team, then forthe fans. Hopefully, itall since 1940. And don't think they don't sometime soon, headlines across the world hear it. When theRangersplay the Islanders, newspapers and sports magazines will declare listen for the chant" 1940,1940." It drives and read "THE BILLS WIN THE SUPERBOWL." Rangers' fans berserk. But they're cool. BeI justhope thatheadline willnot appear cause in all o fmy sports following and travels, next You see, I'm a die-hard Dallas year. some ofthe coolest, most knowledgeable and Iwant theCowboysto become Cowboy fan and true fans sit up in the cheap, nose bleed seats thefirstNFL team ever to three-peat nextyear. in Madison Square Garden. Yearafter year, win the Superbowl. I, as a Then, theBills can they situp thereyelling and screaming, munchstuck with theCowboys and never Cowboy fan, $4 $4.50 ing down hot dogs and glasses of on them, even whenthey were the worst quit for watered-down beer waiting the first Stanley team theNFL the with a 1-15 record. in in 1980s Cup victory since 1940. And they also yell, Now, not on team, and withthe having quit my Potvan after every organ chant," sucks.'' This is to berateaNew YorkIslanderplayer who lias teamnot having quitin theSuperbowl, I can say been retired for nearly a decade, but was so with pride,' 'How 'boutthem Cowboys!'' 'fans for after for ...Confessions. , continuedfivmpage3 "No,no,"hesaid. "Imean'Whathas happened to you sinceyourfirst semesterof law schoolatUß?'" He told me wehad been 1 Ls together, Herecalledhowconfidentlhad been thatfirst semester, how enthusiasticabout dielawand how sureofmy futureplace in it. ' 'Well, I guessyou can trace itall back to thatfirst exam," Isaid. "CrimLaw. Remember?" Hedid. "Theonewiththebigquestion about felonymUrder.right?'' "Yeah, that'stheone,"lsaid. "Only Ididn'tseeany questionabout felony murder on that test at the time." "Oh," he said, his eyes going wide withimmediaterecognition and understanding. ' 'That explains everything.'' I wake from my nightmare with those words in my head. It's Buffalo-cold in my bedroom, but I 'm sweating. I get upand go into the sparebedroom thatmy wifeand son have given up tomeas a study. My books for the day's classes are just as I left them. The assigned cases are read, highlighted and briefed. Everything's okay, I tellmyself. But something is missing, and I know it. Before the day is out, I'll find myself standing in frontofthegrade-po stingboard on the thirdfloor-standing thereand looking for answers to the same questions that have haunted me for the past two months. And I won'tbe alone. One day soon, I hear,we'll allhave our answers. But for now, all I've got is this damn nightmare. This,andarcassuringnotionthat, here at the University ofBuffalo School of Law, I amprobably not the firstto dreamsuch bad dreams in theweeksafter ourfirst semester, nor the last. February ?,1994 The Opinion 7 �The Roaming Photographer by Staff This Week's Question: "Having gone down in their fourth straight defeat,what advice would you give the Bills?" Peter Beadle, IL "You're a great team. Keep doing whatyou're doing.Keep the dreamalive.'' Helen Pundurs, 3L ' 'Concentrate on thepossibility ofsuc- Mo,3L Shawn Carey, IL ''Learn aboutthe bell curve...." Trade ThurmanThomas... cessrather than the fear offailure.. .or in the alternative.. .do shots before the game.'' Movie Review: Schindler's List: Not Just A Movie, It's An Experience By Jeffrey Weiss, Contributor death; six millionheartsracing out offear; and sixmillion souls going toheaven, neveragain seeing the sunrise in the morning or the childrenplaying ona summer's afternoon. This true story focuses around Oscar Schindler, masterfully played o also happens to be a member ofthe Nazi party. At first, Schindler is driven by greed toprofitas much as possible from the war. He successfully winesand dinesanumberofkeyNaziofficials and bribes a few others,sothat his flourishing warsupply factory, whichhepractically stole from its formerJewish owners, would not be disturbed by hisfellow Nazi party members. Schindler decided to useaJewish labor force inhis factory because hecouldpay them very little, therefore profiting even more. At the same time, all ofthe other Jews in Germany were being rounded up and placed in certain camps thatwould ultimately bethesite oftheir liquidation. ago. Schindler seemed quite indifferent to the plight oftheJews in the early going, butas While mostpeople realize that timewenton,hebegantowitnesstheatrocities live and up close. Oneofthemostmemorable over six million Jews were scenes in the mo vieoccurred whenitappeared slaughtered, the magnitude tobe snowing as Schindler left his factory, but thesuffering that took place hesuddenly realized thatthey were not snowflakes. Itwasash from thepilesofdeadbodies duringthe holocaust can never thatwere being seton firethatwas falling from actuallybe comprehended thesky.Theturning pointfor Schindlerseemed While most peoplerealize that oversix to take place when he was watching a vast millionJews were slaughtered, die magnit tide niunberofJews being led away by the Nazis. of the suffering that took place during the All of the scenes in Germany were filmed in holocaust can never actually be comprehended. black and white, but there was one little girl It issimply a task thatis unfathomable. Howwhoappeared tobeabout fiveyearsold and was ever, Spielberg's unmatched abilityasadirec - wearing a brightred jacket,which signified tordoes give theaudience ascathing look atthe thatthisinnocent and helpless beautifulchild terror lhat transpired. The viewerrealizes that was the center of Schindler's attention. The six millionpeople murdered is more than just audience and Schindler breathed a sigh of abig number. It is six millioncoldstairsbefore reliefwhen they sawhcrrun into an abandoned Theghastly glowofdeaththat is present on the face ofevery memberin theaudience at a typical showing ofSteven Spielberg's epic Holocaustexperience,Schindler'sList,clearly indicates justhow overwhelming and unparalleled this movie is. This Holocaust depiction willhauntyou forever. When youpassa vibrant youngchild frolicking inaplayground, you will remember thatover one millioninnocentchildren and babies were brutally put to death because they werebomJewish. Whenyoupass an elderly person on the street, you will be , reminded of the Nazis decision to send the older Jews to the death camp, where their energieswere quicklysapped out and thentheir lives were put to a calculated end. Finally, whenyou look in themirror,you will discover thatyou are part ofthehuman race. The same race that wasresponsible fortheseastonishing atrocities that took place less thanfifty years of building, hoping to evade theimminentdanger. Neeson, Ben Kingsley and newcomer Ralph A few scenes later, as Schindler waswalking Fiennes were simply outstanding. Theirstunthrough a liquidation camp to meet with an ningly lifelike portrayals, along with acquaintance, hewas overwhelmed withsadSpielberg's magical abilities as a director, ness when he passed byapile ofmurderedJews, make you beliethat youaresomehow watching one ofthem being the little girl still wearing the eventsas theyactually transpired. Fiennes her brightred jacket. was most remarkable as the head Nazi in Schindler decided to attempt to saveas charge ofthe camp where Schindler's Jews many Jews as possible from the terrors and were forced to stay while in Germany. His brutality ofthe Nazis. His plan was totransport portrayal was as remarkable as his character his Jewishfactory workers to a newfactory in wasruthless. He personally murdered hunhishomecountryofCzechoslovakia. Schindler dredsofJewswithoutanyshowingofremorse. cameup with "TheList," whichconsistedof Sometimes hekilled forrecreation, like achild over elevenhundred Jews who would bere- at a shooting gallery. What made Fienes character so terrifying was hislack ofemotion. Hedid not seem to enjoy the taskoforganizing This movie is a monumental thedeathsofthousandsofinnocentpeople.nor more experience. It lasts didhe seem the least bitbothered; he saw his taskas justanotherjob, no different than three and a murderous hours, than shipping supplies across Europe. The and will be the most audience is simply shocked by his indiffer- for half depressing,yetpowerfulfilm you will ever witness. moved frorntheclutchesoftheNazicampsand senttothis safe haven. The listrepresented life ina world ofdeath and destruction. Schindler resorted to one ofliisfavorite pastimes to pull offthis stunt, bribery. Dozens ofkey Nazis, many ofwhom were Schindler's friends, received large sums ofmoney so that the plan could cometo life. The vastness ofthe bribes was so voluminous that by the war's end, Schindler, who had been one ofthewealthiest menin Germany in theearly 1940's, was nearly penniless. However, when the factory was liberated by the Russians, Schindler broke down in tears; howling that hecouldhave done more despite giving away his entire fortune through bribesand otherfavors. The threelead actors in this film, Liam ence. This movie is a monumental experience. It lasts for more than three and a half hours, and will be the most depressing, yet powerful filmyouwilleverwitness. Unfortunately, many people are choosing not to see Schindler'sList forthat unworthyreason. My friends, in orderto fully understand history, we must embrace the truth withopenarms. Ifwe choose to turn our backs on the Holocaust simply because itis too depressing ofa topic, then whenconfronted withthequestion,' 'What did we learn from the Holocaust?" I would havetosay "Absolutelynothing." Thisarticle is dedicated to myold friend and Schindler's List survivor Maurice, who passedawaywhenlwasmuchyounger. "Your strength, courageand dignityare my inspiration. I shall never forget the 6 million. I promise." What about you,readers? ...Priest, continuedfrompage 1 die school was Rep. Louise Slaughter (DRochesier). The amendment will be introducedagain in the Spring. In response to increased public awareness, the SOA recently instituted a class in humanrights. However, students are quick to realize that it is not a serious course. Fr. Bourgeois said that, ' 'You can require 1 ,000 , hours ofhumanrights classes, and it wouldn t Congressional Budget that would eliminate change things." funding for the SOA. The amendment was Given its initial goal offighting commudefeated in theHouseofRepresentatives by a nism, the SOA has also been seenas increasvoteof2s6to 175. Theonly Western NewYork ingly obsolete since the end ofthe cold war. Representative to vote in favor ofde-funding ' 'There is trouble because the boogey-man is efforts, during which time he contacted the media to exposethe inhumanenature offunding for the SOA. "It's atheft ofthe poorhere to hurt the poor in Latin America," said Fr. Bourgeois. "We ought to be training carpenters, agronomists and teachers, instead. '' U.S. Representative JoeKennedy (DRhode Island) introduced an amendmentto the 8 The Opinion February 9,1994 gone," saidBourgeois. Bourgeois is planning a4O-day fast startingApril 1 lthoutsidetheCapitolin Washington, DC, to put pressure on legislators to vote against funding for theSOA. TheLatin American SolidarityCommitteeis organizing alocal protesttocoincidewithFr.Bourgeois' fast. In addition, theyare seeking volunteerswho are willing to participate in thefast inWashington for one week. Fr. Bourgeois is also asking citizens to get involved bylobbying theirlegislatorsand contacting themedia on this issue. Father Bourgeois endedhistalkwithan Romero: "Wewhohaveavoicemustspeakfor the voiceless." Thelecture wassponsored by theGraduate Group on Human Rights, the National Lawyer's Guildand theLatin American Solidarity Committee. The Graduate Group is sponsoringalectureonFebruary 17at 1 :00 pm , in545 O Brian Hall by SueTomkins, Clinical Instructor oftiieLaw School Domestic Violence Clinic, entitled, "Woman's and Children's Rights: ALocal Perspective.'' Ms. Tomkins willfi >cuson community responses to (he problem ofviolence against women and appropriatequote from slain ArchbishopOscar children. �Help Is OutThere For Law Students byLeslie!'. Machado, Contributor While most law students are aware of the many servicesthatthelaw schoolprovides, such as the CareerDevelopment Office, and the various studentorganizations, few realize that there are options available to those who areexperiencingproblemswith drugs or alcohol, personal problems or other difficulties. AundraNewell, the Associate Dean for Student Affairs, is the person at thelaw school to whom students oftengo to foradvice. She said that her main duty is torefer the students to the various resources available to them. "Basically, I do referrals because we don't have in-house counselors or medical professionals to help people deal with the physical or psychological problems thatthey maybe experiencing,'' Newell said.''Within the University community, when a student comes to me, whatever theproblem is, there is someagency or groupaffiliated with theUniversity that at least I can referthe student to. "I refer people to the Student Health Center, where theyhave specific counselors to dealwith drug abuse, alcohol abuse, psychiatric counseling, just forUB students. For students who are experiencing emotional problems and are in need ofsomecounseling, Irefer students to the Counseling Center which is on this campus," Newell added. The Counseling Center, whichis located in Richmond Quad inthe EllicottComplex, has counselors who deal with students both on a one-to-one and a group basis. Dr. Perryanne Davis, the training director at the center, said the Center offers a wide array of support services to students. "Wenmworkshopswithtopics rangingfrom stressmanagementto text anxiety to procrastination," Davis said"WealsoofTera special group designed specially for graduate students which dealswith avariety ofconcerns regardingrelationships. ' 'The counseling whichwe offerbeginswith aninitial assessment. Afterthat,the student and the counselor come up with an appropriate plan. Generally, most students attend a maximum of 12 sessions with some attending less. Wealso providereferrals after the initial meeting or even after the twelve sessions ifwe feel they need more assistance than wecan offer. "We wantto encourage students who might be beginning to experience difficulties in their lives not to wait until it becomes ufibearablebefore seekingassistance.'' Newell said while students oftencome to herforad vice, thatis by no means necessary. "Everything is strictly confidential if they come through this office or ifthey go directly to the counseling center," Newell said. "The counseling center doesn'treport back here. No confidencesare betrayed. "If they wantto come to someone inthe Law School, I am the person. But itis by no means required that they come to this office. Andmosto ftliestudents who come in, come in because they don'tknowabout these services orit'saunique problemand they feel comfortabletalking to me justbecausethey know me." WhiletheCounselingCenterofferscounseling on a variety ofproblems, studentswith problems with drugs or alcohol are directed to RESOURCES A VAILABLE: I Counseling Center 120Richmond Quad Ellicott Complex, North Campus I I I 645-2720 I I I I Group Legal Services (Landlord/Tenant Disputes) Room 377 Student Union, North Campus I I I I 645-3056 Student Health Services Michael Hall, South Campus 829-3316 Alcohol/Drug/Psychiatric /Social Worker Assistance Michael Hall, South Campus 829-2789 Alcoholics Anonymous (AA) 853-0388 Narcotics Anonymous (NA) 878-2316 the Main Street campus. John Grande, the ment asan inpatient Hesaidbothgroup therapy addiction-medicine clinician at the center, and individual therapy is used. According to said that students areassessedonan individual Grande, alcohol and drug abuse are progresbasis beforeany treatment is prescribed. sive diseases in which the primary elementis ' 'There is a four-page assessment form denialoranunconscious misrepresentation of which the studentand the counselor gooverin the truth. He said students often build up a order to get some idea ofthe severity ofthe , system of alibis and excuses in an effort to problem, ' Grande said.''Based uponthe level avoid being labeled. orthe difficulties the person is experiencing, ' 'The biggesthurdle is stilladmittance the recommendation is made for treatment. ofaproblem," Grande said. "Theproblemof The recommendation is never an individual recognition can be compounded with medical decision." or law students whofeel because they got into Grande saidtherecommendation is made law school, they can'thaveproblem." by a group ofcounselors and can range from Grande cited three warning signs for Student Health Services at Michael Hall on nothing to treatmentas an outpatient to treatstudents to be wary of: (1) Growing rigidity around times of use; (2) Increasing amounts ofintake to get the same desired effect (tolerance); (3) Loss ofcontrol or the drinking of BAR REVIEW more than anticipated; Newell said students have nothing to fear with respect to their future as lawyers. "The students, particularly with substance abuse people, that's not something that we report,'' Newell said. "Whenastudentcomes to me, they wanthelp in overcoming the substance abuseproblem and that's exactly what the character and fitness people wantto see. But it's not something thatwe report. Newell said the Bar Association isalso available as an additional resource for the A ISO OFF FREE lOOOFF " Of students. "I don'treferpeopledirectly to the The Gilbert New York JS The Arthur Miller mm The New York F Bar Associationbecause theirprimary focusis JS 3 wl CPLR Mini-Review. mam I jßjmmm Bar Review course Wst Essay Advantage M_M M for the practicing attorneys," Newell said. ■"� � ■ (Regular course tuition of $1475. tuition of $225. MMIW tuition: $75) "But whatever services they offer, they have (Your tuition: $1325) (Your tuition: $125) extended a lecture format/information format to law students. I know forsubstance abuse, f $ they have been sendingrepresentatives into do ™v "™ FREE FREE I*OOFF a presentations, whichis wonderful, because it The New York The Gilbert New York The Arthur Miller I $^f^% Jl Mini-Review, course CPLR "W* Essay Advantage mm gives the students an additionalresource. If J Bar Review (Regular BAR/BRI (Regular course •# ■"� W W tuition of $1475. want to talk to somebody in the legal they tuition: $75) student tuition: $225) (Your tuition: $1325) profession whohas had thisproblemand wants to overcome it, then they can contact somebody at theBarAssociation orcomehereand C S FREE 22SOFF FREE I can put them in contact withsomeone. IS The Gilbert New York JL. The Arthur Miller mmm jf T The New York IQQn "The important step isforthe students '� �w Essay Advantage Tp CPLR Mini-Review. Bar Review course to (Regular course realize thatthey have the problemand then (Regular BAR/BRI tuition of $1475. lAQ7 tuition: $75) |# #/ student tuition: $225) (Your tuition: $1250) wantto do somethingabout it, want to overcome it. If they come to me, I'm going to give them the options that they have in helping to The BAR/BRI Course includes: do that Newelladded . BAR/BRI ■ ■ ■■ New York Course Here's what you get: . *rn!*!m " S^ « InAf It#st mSiTm iAA°i V^iV Coverage on all Multistate • Expert and New York Topics Concise Outlines • Comprehensive, of New York and Multistate Uw • Mini-Review Volume Condensing than 100 Essays-All With • More Model Answers Essays • Attorney-Graded ' ■\|cl than 2500 Multistate Questions, • More All with Model Answers / • BAR/BRI Multistate Workshop # • , ,, .° i wSm '"div.dualiied Attention ber r— |k\ MNtt^C^T'^B /^HfJ BAR/BRI Essay Workshop Q & A Clinic™ • .... , • ?"(Non-BAR/BRI *."^i . ****. RN|3 , 6, W rkS P c student tuition: $325) " «° bar review New York's Largest and Most Personalized Bar Review Course ©1994 BAR/BRI February 9,1994 The Opinion 9 �Humor Column: Alumni Focus: A New Image For UB Law International Lawyer Ellen Yost, Class of 1983 byJoeßroadbent, Contributor This issue's Alumni Focus spotlights Ellen Ginsberg Yost, a member ofthe U.B. Law SchoolClassof 1983. Aftergraduation, Ms. Yost worked for two large Buffalo law firms. Then,in 1991 ,Ms. Yostfonned the firm ofGriffith& Yost withEdward Griffith, Jr. Ms. Yost explained that she generally enjoyed practicing corporate law in a large firm, but desired to concentrate her practice on international law, specifically business immigration law, which concerns, among other things, the temporary entry of businesspersonsintotheU.S. Aftershe began to advise businesspersons about immigration law, Ms. Yost discovered that there was a need for attorneys knowledgeable in both corporate and immigration law, Since shefelt that shecouldnot practiceinternational corporate law in alarge firm, Ms. Yostand Mr. Griffith decided to leave the large firms wheretheywere employedand formtheirown firm, so, in 1991,they opened theirown firm in the Key Center, overlooking the Peace Yost enjoys Bridge and Canada. working inher own firm because it givesher the opportunity to interactwith her clients on a more personal level than is possible in a large firm. Italso allows her to specialize in a field that she enjoys, which is not always possible when working in a larger firm. Her firm receives many unsolicited resumes from law students throughout the state due to the tight job market, said Ms. Yost. She feels that part of the reason law students have such difficulty finding jobs after graduationis because law schools cur- havebecome the biggest farce since the Israeli-PLO agreement.'' Ben Dwyer, firstyeardirector, said:''At the very least, you owe to thepeoplewhoyou convinced to vote for you regular attendance at the meetings." Steve Lee, SBA secretary, said in his three years on the SBA, he's never seen theSßAinsuch badshape. ' 'I think this isthe lowest point the SBA has sunk to," hesaid. Althoughanyactionconcerning this issue wouldn't take effect reiitly admit too many students. As aresult, tliereare too many lawyers competing forthe limited number ofjobs. Ms. Yostadviseslaw students to keep an open mind about job opportunitiesandtowork as volunteers while job-hunting. Even ifsomeone is unableto find "thejob,"heorshe shouldconsidertakinga jobthatmightonly beasecondorthird choice, as it may turn outto be justas fulfilling. Yost feels that UB did a good job of teaching her to dunk like alawyer, which is more important than simply learning black letterlaw. HerfavoriteclasswhileatUßwas herfirst-yearTortsclass, which wastaughtby her favorite professor, former Dean Jacob Hyman. Ms.YostdescribedProfessorHyman as eloquent and having a " contagious love of the law." Ms. Yost's firm currently practices in theareas ofimmigration, tax, corporate, and real estate law and recentlyopened anoffice ...AlumniFocus,continuedonpagell this year, Beyer said there will be a stricterpolicy in place fornextyear. Helen Punders, a third year directorwhohasstoppedgoing to the SBA meetings, said the SBA is at faultfor thelow turnoutat meetings. "TheSßAdoesn'tdoanything but snipe," she said. "It's been a majordisappoinftnent[and] awaste oftime. They [SBA] is failing the student body." Punders, along with Nicole Holder, has now beenautomatically expelled from the SBA because of her excessive absenteeism. Presentation OfPetit ion Criticized Baptiste was presented with the recall petition by first year student Frank Dec. Dec, a member of the NationalLawyers Guild, handed the petition to Baptiste during the Guild'sgroupreport atWednesday's SBA meeting. Baptiste said the intent be- -- "The reason I did it [grabbed the petition from Baptiste]," said ' confidence — The Opinion February 9,1994 - Baptiste responded: "Thatis garbage." He deniedhiding behind procedure, butaddressed theimpropriety of being presented with the petitionatthetimeitwasdone. "We haverules. Wehaveourconstitution. We have ourbylaws." Baptiste saidthatan issue must be put on the SBAagenda 24 hours before the meeting, which he said wasnotdone. "Nobodycametome," he said. - - - Board Strips President Of Fiduciary Powers; Baptiste IgnoresVote hindthe petition was "eviland mali- cious" and "politically motivated." "The manner in which this petition was presented is consistent with their [his political opponents] past actions," he said. "They have abused the process ofthe SBA by trying to make political hitsand by notdoing thingsproperly." Panepinto accusedBaptiste of "hiding behind procedure." He said Baptiste was trying to run the SBA like a dictatorship. - - - arm," he said. "I in no way retaliated." Panepinto, "was because the recall Baptiste said he has filed aswas inregard tohim and it would be sault charges with Campus Police. onFeb.2whenthetwowrestledover improper for him to bein possession Baptistelnjured ofthe petition. AftertheFeb. 2 meeting, Bappossession ofthe recall petition. called Campus Police to make When die SBA meeting was 'Lawstudents have no atiste complaint against Panepinto and moved fromroom 109to room 209, in the SBA liealso calledtheBaud Point Ambuthird-year Class Director Chuck lance Service. Baptiste complained Greenbergtookthe petitionand put anymore." it in his bag. As Greenbergwalked ofsoi eness in hisrighthand and arm. Mindy Birman, 2L "My fingers and elbow were both past room 108, Baptiste caught up with him and asked him for the peti"I don't trust him," he said. "I swollen," he said. tion. When Greenberg opened his wasn't going to allow him to alter Panepinto thought Baptiste's bag,Baptiste tookthe petition from student opinionby mishandling the injuries were dubious. "The presirecall petition. His track record of denthas seen fit to waste tax payers the bag. Panepinto saw Baptiste with unelh ical conduct speaksfor itself." money by calling Public Safety for Bapt isle said thatthere wasn't an incident involvingremoving pathe petition and grabbed the petition, which was in Baptiste'sright hand. a fight, but that he was assaulted by pers from his hand, hi addition, [he] After a brief strugglewith Baptiste, Panepinto. saw fit to call Baird Point Ambu"Myleft hand wasfull ofbooks lance service to examine his alleePanepinto got possession ofthepetiand papersat (lie timehe grabbed my tion. ..Scuffle, continuedon page 11 10 atUßLaw 14)UBLaw- Whereapathy isaproblemnoone cares about 15) UB Law Where its OK to be wrong, and people are OK most of the time 16)UBLaw 861 Students and 863 organiza- tions 17) UB Law - Where its OK to say what you feel, as long as its PC 18)UBLaw-Where ittakes 4 months to learn a subject and 5 months to grade it 19) UB Law Where chalk is scarce, butthe vending machines are always filled 20) Work intheCareer DevelopmentOffice, it mightbe the only jobyou get 21) Mimeos Mimeos when the hell are you openMimeos 22) UBLaw Weturn people intolawyers,then there on thereown not for 1)BuffaloLaw Where HQ does stand 23)UB Law We don'tjustteach for the bar, Headquarters and it shows , pretty another campus 2) BuffaloLaw -Not just 24)Hey Beavis.. .Uh HuhWhy don t they Uh 3)BuffaloLaw Where' "you getwhatyoupay 1luh justgiveH'sand Q'sasgradesHuhUhHuh for is not justanother clever cliche Huh Huh 4) Buffalo Law Home ofthe Schlegal 25) Every 2 Hours UB Law loses classroom 5) Buffalo Law Its not the heat, its the space humidity 26)UB Law - its not justa law school...well it 6) Buffalo Law Our Library has over 1.1 is just a law school million volumes and at least 1 millionare as 27)U8 Law - South ofthe Border., .wellitis recentasl9B6 28) UB Law Where everyone is absolutely 7) Buffalo Law Our 7 floor library has enough unique.. justlike everybodyelse 29) UBLaw - Where they have succeeded in books to fill6 floors 8) Its a Hallway, Its a Lounge, Its a Hallway quashing the competitive spiritand are now 9) Ifyou're not PC at UB then we'llrun your working on ourwill to live whitemale ass out oftown 30)UB Law Today is Feb. 8. It has been 54 no stinkinparking Parking...wedon'tneed days since the last final was taken Do you 10) available midknowwhere 12 11) UB Law Classrooms yourgrades are? Baptiste and Panepinto Scuffle Over Petition by Evan Baranoff,.'L , ayout Editor The verbal battle between SBAPresident SaullanBaptiste and Treasurer Marc Pjanepinto escalated night till 6 AM 12)UB Law Home ofthe Adjunct 13)UBLaw -Professorsarethebest Professors - ...Recall, con tinuedfrompage 1 "This is ridiculous," said Lynch..' ' Wecan't even vote because wedon't havequo'nim. "It'sadisgracethatthisorganization has garnered so little support among eachotherthat we're not even willing to sit in the same room witheach other," Lynch said. Chuck Greenberg, third year director, said: "The credibility of the SBA is at an all-time low. We by Steve Balet, Contributor Over the past several years ithas become increasingly more difficult to get accepted by UB Law School, yet our national ranking hasdropped over this sameperiod of time. I believe the reason for our drop in the rankings is simply lack ofnational publicity. That is why the "Committee for improving Buffalo Law's Image Because it's Ranking Has Slipped in the Polls Even Though Our Students are Better Qualified" has decided thatwhatUB needs inorder to gainthenational notoriety it deserves isanew slogan. The old slogan "UB LAW Hey we'rein Buffalo!" wasfound lacking. The following slogans have been offered to the student body forapproval. Please pick out the slogan thatyou like,write down diecorresponding number, and placetliat number in Box #715. Thankyou forparticipating, remember: only you can make a better Buffalo! byEvan Baranoff, LayoutEditor The SBA Board ofDirectors voted Jan. 26 to stripBaptisteofhis five Committee Report's findings [see TheOpinion issue ofDecember?, 1993],theBoard hadachoice of doing nothing, imposing some sanction on the president, or taking avoteofno confidence. Theßoard opted to sanction the president. The majority ofSBA mem'San ctioning thc agreed thatthepunishment fit bers president's spending the crime. "Based on the [Special Inpowers directly relates to Committee Report, vestigative] the verypower that he there seemed to be some impropri,, abused. etiesand we had aresponsibility to Vice President PaulBeyer thestudents to do somedi ingabout Fiduciary powers refer to an it," said Sue Etu, ILdirector. Chuck Greenberg, 3L, who Executive Board member'sability to signan encumbrance. The Board also voted for the sanction, said, "I votedß-5-linfavorofreiTu>vingthe felt hehadabused his powers and, while I likehim asafriend, hereally president's fiduciary powers. "Sanctioning the president's should know that as a representaspending powersdirectlyrelates to tive of the students, even the apthe very power that he abused," pearance ofimpropriety is not to be said Vice President Paul Beyer, lookedon favorably." Othermembersopposedthe whoproposed tliesanctions. "[Baptiste] should realize that he was sanction for variousreasons. First year class director and lucky to get offwithsuch a moderate sanction." chair of the Special Investigative The president has disre- Committee Ben Dwyer voted garded theBoard's vote, cliarging against thesanction becausehe said that itwas unconstitutional. "Last the Report punished the president week's meeting [Jan. 26] wasan enough. "Thereport isavery strong abuse," Baptiste said. "The vice statement and does goalong wayto president made a motion that was punishing him [Baptiste],'' Dwyer said. illegal. Dwyer added thatthe sanc"He [Beyer] knew what he was doing was illegal. His intent tionswould punish studentgroups was to use thisas a political tool to more than it would the president. mobilize for a recall and push for "Theresultofsanctioning his fiduciary powers wouldmake it more myremoval." Marc Panepinto difficultfor student organizations Treasurer for not criticized Baptiste abiding to gettheirß.E.P. forms signed," he "Thepresisaid.RE.P.fonnsareformsusedby by theßoard'sdecision. behind law student groups to requisition hiding procedure," dent is his from the SBA. that this shows theirfunds he said, adding ' 'dictatorial nature.'' First yearclassdirector Sada Manickam said he voted against According to Beyer, in reInvestigato theSpecial sponding „.Fuluciary,continuednextpage fiduciary poweis,however, thepresidenthasrefused to surrenderthese powers, saying the Board has no authority to do this. ' — �Opinion Mailbox, Response to Kalasnik's Letter Dear Jay Kalasnik: Thank you for your letter to the editor in last week's Opinion. YourlettercompelledmetoreflectonwhatDr.King, George Washington, AbrahamLincoln, and even Christopher Columbus meant to me. While I respect your opinion, my rebuttal will not indulge in futile comparisons ofthe historic accomplislunents that great Americans and veterans have contributed to this country. To comparetheaccomplishments of(lie many womenand men who have made thiscountry what it istoday, is like comparing apples to oranges. America isa great countrynot because ofone man, eventorethnic group, but because of the endless contributions ofvarious people from differentethnic groups. Likeevery otherSUNV student, I had Dr. King "s birthday off. IspentthedayrelaxingandplayingwithmysonC.J.. Not oncedidlreflecton thegreatmessagethat Dr. King gaveto this world. You see, Mr. Kalasnik, I did what most all Americans do on national holidays. As Americans, we tend to forget the meaning ofLabor Day, Memorial Day, and Dr. King Day. Thanks to your letter, however, I will never take another holiday, especially Dr. King day, forgranted. Yourletter wasa reminder thatthereissomuch thathas to be accomplished inthiscountry. I say this not only inresponse to your dismay at why the Universitywould recognize sucha man, but in yourlabeling oftheUniversity as placating certain African-Americans who demand adherence to a leftist multiculturalist agenda.'' Sucha statement istruly insulting to all Americans(European, Latino, Asian, African, etc.) who strive for an equal and more justsociety. It'salso areflection of a very narrow point of view. During the week ofKing's birthday, WDCX, a leading Christian radio station filled its airwaves withpositive affirmations ofKing's message. I am sure that this station, with its conservative views, would be surprisedand amused to belabeled as an institution that caters to "leftistmulticulturalist.'' I also wonder whether you object to the University's observanceofJewish holidays. Thereasoning fromyour letter implies thatyou'd objectto any recognition ofa group outside ofmainstream(European) American society. Yourletteralso broughtbackmemoriesofmy childhood school days. As a young student in the Buffalo Public School system, my teachers were always givingassignments and book reports on George Washington, Abraham Lincoln and Dr. Martin LutherKing, Jr., to name afew. Iremember P.S.#3 's from page S continued annual Columbus Day inarchandcelebration. This celebration further medical progress. seemed to lastall -week as we learned patriotic songs, painted Further, we are concerned about the plight ofall the hatsand banners, .and even stoppedtrafficonPorter Aye. in order Americans youlisted(as wel 1as non-Americans, persons with to parade across the street to Columbus Park to honor its disabilities, etc.). We recognize that the connection which namesake. As a young child Inever resented these exercises, links together the oppression ofAfrican Americans, Native in fact I enjoyed celebrating great Americans. These early Americans, women, homosexuals, etc. also causes theoppreschildhoodexercises taught me thattherewasaplace inhistory sion ofnon-human animals. Thissemester (March 2nd), wewill forall Americans. It was extremely clearfrom your letter, that be bringing in Batya Bauman, from Feminists for Animal youMr. Kalasnik, do not share this view. Rights, to speakaboutthe connection between the oppression Finally,thank youagain foryour letter. Itwasawakeup ofwomenand theoppressionofanimalsinapatriarchal society. call for which I am eternally grateful. I never thought that a We always look for opportunities to work with other social message oflo ye, equality, and peace couldbe somisconstrued causes to combat the mentality thatallows groups in power to and distorted, as reflected from your letter. Dr. King had a subjugate thosewitli less power. Moreover, members ofour group are extremely conmessage for all Americans, and I would suggest that you acquainty ourselfwith his writings and more specifically his " I ceniedabouttlieenvironmentonnimansandnon-humans. Even HaveA Dream Speech, in order to correct obvious errors in astrictly environmental group,however,couldnotfunction and educate others without paper. Sacrificing some paper is yourjudgement Kedraßurgos, 3L necessary forlong-term environmentalresponsibility. Also, please consider that three-fourths ofU.S. grain is fed to live...SOLAR,,continuedfrom page 5 stock, and halfthewaterused forall purposes intheU.S. is used How can we justify needless suffering, regardless of any for beef(ittakes lOto 16poundsofgrainandabout2 500 gallons egotistical superiority that we might feel? ofwatertoprodiiceonepoundofbeef). A singlequarter-pound ...We actively advocate the prevention ofcancer and hamburger from a rain forest region is responsible for the otherdiseases through .a vegetarian orvegan diet,cessation of permanent loss of55 square feetof forest. A responsible diet smoking, environmental(responsibility,etc. In fact, thisfall we not only saves the environment, it could prevent world hunger. brought inDr. Ron Allison,,a cancer specialist, to speakabout Your statement that "In respect to using other species, theprevention ofcancerand *other diseases through diet... weare no different froma number of Earth cohabitants" is However, if you believe .that "necessary medical adperplexing. It is hard to understand why someone whohas so vancement' ' viaanimal experimentation is the answer, think little respect forotheranimals would pattern his orher moral again. Animalresearch isnothing more than a tool for entre- code after them. Some species ofanimals will sometimes have preneurs, disguised as research scientists, to make money. non-consensual sex,take overanother animal's territory, etc. There is no extrapolativ model whichallows usto learn about Let's perfectour own morals,and not worry about the morals humans throughresearchonanimals. Forinstance.it has been or lack thereof in Nature. SOLAR impossible for researchers to cause cancer in dogs through Students ofLawfor AnimalRights cigarette smoke. Meanwhile, fluoride causes cancer inrats, but not mice (do youreally believe we can extrapolate from a rat toahuman,butnotfromaratto;amouse?). Injecting theAIDS continued'fromp. 10 virusintochimpanzees, with whomweshare 98.4% ofourDN A, in Rochester. After startingoutin an unfurnishedblock of has no effect upon them. Also, the recent' 'human-mouse oftIce space tlireeyearsago, the firm hasflourished. Griffith AIDS model, where parts ofthe humanimmune system were and Yostisable to offeramuch-needed alternative to the inserted intomice, is merely' 'Mickey Mouseresearch which sometimes impersonal andoverwhelming natureoflarger willreveal nothing that could not belearned otherwise. firmsbyofferingpersonal, one-on-one service to its clients. Animalresearch doesnothing morethan causeunnecesTen years after graduation, Ellen Yostformed her sarydelay between inyjttQ.studiesand human clinical studies. own firm and is able to practice the type oflaw that she Whileanimalresearch scientists are busily consuming scarce enjoys. Ms. Yost will be a speaker at the upcoming resources sothey can pay their mortgages,the world islacking International Law CareerDay to be held at thelaw school in prevention campaigns and realistic research. Prevention _^isftss^_ on March 3. through education,as well as relevant medical research, will -- ...AlumniFocus, r/en The Docket TheLowdOWtt WHAT: Women'sandChildren'sßights: A Local Perspective WHEN: February 17,1 p.m. WHERE: 545O'Brian(FacultyLounge) LOWDOWN: SuzanneTomkins,Clinical Instructor ofthe LawSchool Domestic Violence Clinic, will be speaking on the rightsofwomenandchildren. Her presentation will concentrate on community responses to the endemic problem of BURNING ISSUES U: VOICES FROM UNDER TCldnffaloCablc) Chiinnel 18 SPONSORED BY: Graduate Group on Humanßights FORMORE INFORMATION: Contact Sharon,room4oB,64s-6184. L\TIICLMOI'S VOICES: ...Scuffle, continued frontpage 10 -_ -- ', ' ef \-_ .*'• A,t ' .- y— £\ I * OMtiMt inj fjd&* mjv *• mmwmt "f il» Mm n i nuaMr <t i«iv*dorui " ' *oo vtr> lortwj i focm'fier*) *iih j conoidiv«m i< hruttliHimaey frfiai* im rs 'urrxiM f.n*ii-n »vii •uMuki urn v«■*■«■« PrMam Id JtMfrlt l i e*e J v«m CMUilije (xncriulCillool'N «kfil« to flop Jc"°« *» in lM ny "■'■"•eoi Her tmrriUM » ill he forerd u>inftffH uui , "f"v' * ■ i February 23 u**i«Uie G>l*»ebuiOuoomnuai itvroufli ibtey«» c* Nmiv* AiMncan* vti'r not IfciUie ihcv »*rt Jucwfrea Vo«ti« i iradiuoo iUi mv«f mrned tac Mndmid a masoduy. Producer Allan Jamieson. « ■—"> ■- LAST CENERATh iN term* 3» roinuir canwvinm pr>*rin> nn nswi peace Mid lutiicc •* 2iotn inr<xmn us Jpunwwu THTIMnMc \ork teuc Ccnttr >"f. Linn XAcriun NilitUruv i'juidliim Kmluctd by bill luflgvU ?rat <tf (caiwei muKU Innuv producrt Tiui 1 iimmunituiion SI NYFrvdnnia wriei vtucumcoivie) m<t*iucu»imun»ion >muc» s>oh«k v &mt« *« ju*pt jnd vnv » r jiuwio ouiiu thouidend itie Dlocl«iJcua Cuba >4ii*J«-[tv ib« auiiw j t jm t qUjdi * voum am *1w» irvct v !;"* 'V.v '•■"«£! njJltd »«t> nuikif ud mow ftt v jnowi lobeiftoc. j «.n«in ttenun «r«-*i«.v,iii.G»«r*>«»-i«f*»»*«*«•». ,voe ■-■' c i -"■*- * * J.-Oidfnun IK4I Jlllw lllitiMcT,4 iixer* tool*PfflMllMtMK *"""'<««■«'«»irwtewui ih»*» Pmjucer'*«■(»Vku onvrin <mr v<* *,4iU :.i.* vi jrc neip Mm >pm d *^^^ 4 vo» pt'tfim an hmi iD«i iiu *uO ilwiimocm umwii oaum Ml lunttn Pri«rio< PrMuttr **i JM6 ue Friday.Feb. nUhtffey W Love Blurbs! v^f I Begin sending us your "Love Blurbs" now for the Opinion's I special Valentines Day issue, which will come out on Valentines Day, Feb. 14. those Express burning,churning yearnings from your heart, or any other passionateregions. ...Fiduciary, continuedfrom page 10 FirstyearclassdirectorSadaManickam said he voted against the sanction because he was unsure whether theBoard had dieauthority to do so.''There was aquestion whether [the sanction] violated our [the SBA] constitution," said Manickam. JamesLynch also believed the Board's action wasunconstitutional."We don't have thatpower," he said. The Board of Directors took aroll call vote so that (herecord would show how members voted. The eight who voted to sanction Baptiste were Beyer, Etu, Greenberg, Joe :]f ; February tfa edly injured hand," he said. - . 1492-1992 February 9 UK Second year lawstudentMindy Human Students Criticize Conduct agreed." I think the wholething has gotten out Several studentswho witnessed the fight ofhand," shesaid. "Therewas anaccounting were extremely upsetwiththeconduct oftheir class next storeand it[the fight] justportrayed law studentsas a bunch ofanimals. elected officials. "I think the whole thing is a sham," "Asafirst-yearstudentand havingobBirman said. "Law students have no confiservedall this, itis my suggestion thatall three involved Paul [Beyer], Marc [Panepiiito], dence in the SBA anymore.'' and Saultan [Baptiste] should voluntarily Panepinto said the students'frustration with remove themselves,'' said Audrea Finley, IL. die SBA was understandable, hiresponse to to call of voluntary resignations, he Finley's "Theyneed be out "The constant bickering overpetty stuff said the students should do what they feel is necessary. ispathetic,"Finley added. "It'spersonal poHesaid: "If the students want to get rid litical gains; it 'snot for the benefit of thelaw ofus all, that's fine." School." * W«lnesda\sut*):iOP M. January-February. 1994 violence againstwomen and children. Antonecchia(3L), Reda Austin( 1L),Christin Horsley (2L), David Nemeroff (2L), and Panepinto. The five who voted against the sanction were Dwyer (1L), Manickam (1L), Darryl Salas (2L), JamesLynch (3L)and Bap- (As editors, we reserve theright to editfor boringprose orstudent apathy.) tiste. ElizabethJewettabstained from the vote and CraigBrown (1L) could not vote because he chaired the meeting. According to the SBAconstitution, the Board cannot impeach the president. The president can onlyberemoved by arecall vote ofthe studentbody. Writeyourlove ditty here andplace it in the irdfl. drop box orBox 761. and watch for it in the special Valentines Day issue-qfthe Opinion. I. ——————— — —_ _____..—_.._.._____J February?, 1994 The Opinion 11 �I / f I II I BAR REVIEW ■ m 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-8899 ****BAR REVIEW SCHOLARSHIPS**** Dear 1994 Law School Graduate: Recognizing the financial hardships graduating law students are faced with, BAR/BRI Bar Review is offering need based scholarships to help selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $100,000 in scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment following graduation from school. The applicant further agrees to renounce the scholarship should they receive a commitment for full-time employment by May 15th, 1994. This letter should be no more than one single-spaced typed page and should be returned to the BAR/BRI New York office Attention: Scholarship Committee, by February 18, 1994. Students will be notified of their scholarship award by the end of February. - These scholarships are not assignable and will only be honored in New York, New Jersey, Connecticut, Massachusetts, Maine and New Hampshire. Please specify in your letter which state's bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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We urge them to stay in battered face of a victimized friend. school. We insist they abide by the"rules." Wewantthemto outrage go to college. And when they graduate, we offerthem jobs at share the oftheauthor and thefrustration ofthe I victim. Ihavebeenavictimonmorethanoneoccasion. Ihave McDonald's. Untilwe jump start Buffalo's economy.. .until sat by the bedside of a shooting victim as he struggled to we restore some sanity to Buffalo's financial management.. until we create neighborhoods predicated onpride ofownercommimicate his commitment to safe streets and quality neighborhoodsthrough ajaw shatteredby a 17-year-oldgunman's ship untilwerebuild public confidence in the quality ofour bullet. Hisonly o ffense washis opposition to the drug dealing schools... untilwe forge effective partnerships with business, civic, and community groups to provide young people with thatwas destroying his neighborhood. Fromthefirst dayI announcedmy intentions to seekthe sound role modelsand hands-on mentoring... we can expect office ofmayor, public safety wasat the core ofmy campaign. the despair, the nihilism,and thehopelessness to continue. And Wecan donothing toretrieveandrevive Buffalo'ssenseofhope if they do, we can continue to expect the violence thatresults. andoptimism until we restore safetyand sanity to our streets. Ifyoung people don'trespectthemselves, they certainly won't It was no coincidence thatthe first position paper I delivered respect anyone else. Ifthey' ye givenup to the point they are duringmy campaign dealtwithmy 18-pointprogramtocombat willing to die in gang warfare, you can bet they are equally crime. ButI shouldalso point out that I was soundly criticized willing to kill. A couple ofyears ago,I conductedhearings to inventory for extending my visionbeyond the bounds of police officer staffing and tactics. I was accused of "Sixties-style liberal- the proliferation ofanti-drug programs thestatewas fundingand ism' ' for thinking that social programming, expanded youth to determinethe effectiveness ofthe various programs. The activities, cooperative programs with inner city churches, and first stage ofthe hearing was devoted to the testimony ofhigh the like were begging the questions ofmore police, youth school students. To a person, they acknowledged that drugs were bad, thatalcohol wasbad, that teen pregnancy wasruining curfews and the like. Withthefirstday oftheMasiello Administration alittle lives. But toaperson, they also spokeof(heirrestlessness, their morethana monthaway, I'm moreconfident oftheneed formy boredom, their lack ofreal alternatives to the lifestyles that comprehensive approach to crime fighting than ever. Wewill lead to despairand violence. It becameapparentto me thatour restore pride and disciplineand professionalism to the police problemsdon'texistinavacuum. Socialproblems, educational department. We will institute new tactics to put more police problems, economic problems- all have a wayofshowing up officers on the streetwhen they are needed. We will enhance later downthe road as crime problems. Ifweonly address the the special squadsthatdeal withthe bulkofviolentcrime in the symptom ofthese afflictions, we will nevercurethe problem. I shareyour outrage at theevents thathave victimized city. But that's only part ofthe answer to crime. As I write, Buffalo has more police officers per capita than any other your friend,Mr. Collins. It has happened tome. It has happened community in Western New York. And as Kevin Collins to myfriends. Itnashappenedtomydaughterandtomyproperty. pointed out, apolice station a few hundred yards away didn't I will berelentless in the pursuit of excellence in the police deter the heinous crime that victimized his friend. department. I will be vigilant in protecting the lives and Inreading Mr. Collins' open letter, I can feel theanger property of our people. I will bring the absolute best and andthe fearand the despair andthe hurt. But we can't let those brightest minds in Buffalo to bear on the problem of public emotions blind us to the fact that muchofthe violence stems safety. My often stated goal is to makeevery street in every .. Buffalo MayorAnthonyMasiello neighborhood as safe forouroldestcitizens as it is full ofhope and promise for ouryoungest. And as for putting people first, Mr. Collins, they *ye neverbeenranked anywhere else. Withkindestholiday regards, /s/Anthony M. Masiello Mayor ofthe City ofßuffalo Editor's Note: Mayor Masiello's letteris in reply to the open letterto theMayor written byKevin P. Collins, Managing Editor ofThe Opinion. Masiello's letter is beingprinted now because it was received after thelast issue went to press last semester. Finals and the holiday breakfollowed. This is the first issueofthis semester. Collins'letter, firstpublished in the Nov. 16issue ofthe Opinion is reprinted onpage 3. Governor Cuomo responds to Opinion Editorial To the Editor: Thankyou foryour thoughtful[editorial] concerning regulationof firearms. I believe citizens have a legitimate right to obtain firearms for the purposes of recreation and self-protection. Reasonable regulation offirearms is parto fourcomprehensiveeffortto fightcrime. Some peoplebelieve that it is a constitutional right to possess firearms withoutrestriction. However, federal courtshave heldthatthepossessionofweapons by individuals is notan absolute right guaranteed by the Second Amendment. Theregulationoffirearmshas longbeenrecognized by the United States Supreme Court as a constitutional exercise ofastate's power to protect the health, safety and welfare ofthe community. Inyour [editorial] youexpressed support for a federal ban ofautomatic and semiautomatic assaultweapons. Since theGun Owner's Protection Act of 1986,ithas been illegal for the public to possessautomatic weapons (machine guns) which were not legally possessed prior to thelaw's effective date.I haverecommended to federal officials that a similar national ban be placed on semiautomaticassault weapons— both imported and domestically manufactured. It makes no sense that thesekilling machines arebanned from importation, but at the same timeare produced and sold domestically withoutrestriction. Youalso stated yourconcern that hand- they possess. This would be helpful for law strictingpossessionofassaiiltweapons, limiting the capacity ofammunition clips for hand enforcement Other federal actions would assist in guns, increasing penalties for gun traffickers, reducing parole eligibility forarmed felons, reducing gun-related violence. Federal firea firearm safety course forhandgun requiring arms dealer license applicants should be reand criminalizing neglilicense applicants, quired to obtain all necessary state and local gentstorage guns. of approval to deal in guns in a given location before theirlicenses areapproved. In addition, Wewillcontinueourefforts to identify convicted felons should be prohibited from pro and secute mdiv idualswho use firearms to obtaining federal firearms dealers' licenses, or injure kill our citizens. At the same timewe even iftheircivil rights havebeenrestored by maintain an appropriate balance so that will home state. have also I their urged federal who chose to own firelaw-abiding to citizens officials require thatcriminal background checks forfirearm dealersbe fingerprint-based, arms for thelegitimatepurposes ofself-protecand toraise the penalty for afederal firearms tion orrecreation may do Thankyou forwriting. dealer's intentionalfailure to maintain proper to firearm transaction records in order conceal Sincerely, illicit sales. WithinNewYork State, I haveproposed Mario M. Cuomo a comprehensive plan to deterand punish gun GovemorofNew York violence. Individual initiatives include re- - so. GovernorMario M. Cuomo gunsarenow purchasedby individualswhoare unfit to own them. Therecently enactedBrady Law should assist in this areaby requiring all states to perform criminalbackground checks ofprospectivehandgunpurchasers. New York State's stringenthandgun licenserequirements have been circumvented by individuals who have traveled to states with lesser purchase requirements, and then traffickedtheweapons to New York. I also support yourrecommendationfor anational registration system for firearms owners, whichwouldreveal which individualslegally possessguns ~ and the weapons sdfsdfsdfsd �II PIEPER DOES IT AGAIN!!! CONGRATULATIONS TOTHE CLASS OF 1993 AT BUFFALO LAW SCHOOL ON A 92% PASS RATE ON THE JULY BAR EXAM!!! GO WITH A PROVEN WINNER!!! PIEPER BAR REVIEW CALL 1-800-635-6569 Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa �An Open Letter to Mayor Masiello Masiello Has His Work Cut Out For Him byKevin Collins, ManagingEditor Accompanying Mayor Masiello's letterwashisreport On crime in Buffalo, The Masiello Plan- Copsr kidsf and community: building safe streets. A Comprehensive anticrimeplanfortaking back the streets ofßuffalo. In this report, Mayor Masiello stated that: "There is no more essential service that government can provide itspeople than citizen safety,and no city service will enjoy a higherpriority in the Masiello Administration.'' He realized that' 'Our city has simply failed to fulfill its mandate to provide for public safety." Masielloreported thatin thefive-period 1987-1992: Violent "Index" Crimes In Buffalo 1986-1991 On a recent Thursday evening, I was interrupted at home by a sudden, unexpected phonecall. The person on the other end of the phone asked me to come down"to the emergency room in Sisters Hospital onMain Street to pick upmy friend. Evidently.my friend hadbeen jumpedby 15-20 teenagers and was a victim ofa hate crime. My friend was coming home from law schooland had just exitedthe train station on Main and Utica, in downtown Buffalo. My friend . -reported rapes rose3o% -robberies increased by 93%... -aggravated assaults went up 73%... -juvenile arrests increased by 20% -murders increased by 123%! Violent crimehas increased 3 times faster in Buffalo than in 17comparable US citiesbetween thelast halfof 1991 and thefirst six months of 1992, May orMasiellorealizes his jobis cut out forhim, as he states that" [t]he fightto win back ourcitywon'tbe easy,but it'safightwe can win. It'sa fight wehave towin.*' Murders in Buffalo, 1986-1992 Dear Mayor Masiello: Dlustrating the tough timesand toughjob whichMayor Masiello mustface, the following three charts, which were contained inthe Mayor's report, graphically expressrecent statistics on the shocking rise in crime that Buffalo has suffered over the last six years. This has caused Mayor Masiello to state that "[t]he message is clear: it is time for achange." Youth Crime in Buffalo Juvenile Arrests, 1987-1991 had started to walk down Utica toward Delaware Avenue when this gangraced aftermy friend. My friendmade it back as far as theBurgerKing parking lot at thecorner ofMainand Utica. There, the gang beat uponmy friend, punching and kicking my friend, after having uttered aracial epitaph. I quickly arrived at the Sisters Hospital emergency room. Myfriend was ona table. I haveknown myfriend for nearly three years. My friend has worked hard in giving something back to the community while studying in law school, helping thehomelessand working withcommunity action groupsand is oneofthe mostcaring and sincere human beingsyou will ever meet. Myfriend had a bruise on theback and front ofhis head, and required stitching above theright , eye. I had to hold gauze to my friend s eyein orderto stop the bloodrunning downmyfriend's face. The doctor puta huge needle into thearea ofthe cut above the eye in order to locally anesthetize the abrasion, and blood squirted all over the place. Even onthe table,my friend wasnotupsetaboutwhat hadhappened. My friendfeltthattheganghad nothing else to do but take their aggressions out on someone and mentioned the socio-economic causes that may have precipitated this brutal attack and egregious violation of another humanbeing'srights. I voted foryouformayor. Inaleafletyoumailedtome before the election, you spoke ofyour vision for a better Buffalo. You stated "I will put more police on the streets. We can make ourstreets safeagain, and wewill.*' I should point out thatthere wasapolice station on Mainand Utica, justbuta hundred orso feet away. Yet, this did not deterthe gang. The police toldmyfriend thatthesebeatingshave been goingon a lotrecently in Buffalo. What is being done to deal with this? . SpeakerTells the Story of 'Bread and Coal' byJoeBates, Contributor "Bread and Coal" is the story of the Steel Valley Authority (SVA)andtherestorationofPittsburgh'sCity Pride Bakery as told by one of the main participants, Charles McCollester. Mr.McCollesteristhe foundingmemberandvice chair ofSVA and Associate Director of the Pennsylvania Centerforthe Study ofLaborRelations at Indiana University ofPennsylvania. Mr. McCollester's lecturewaspresentedlate last semester by the Mitchell Lecture Series, the Graduate Group onIndustrial Heritage Policy, and ThePolish Community Center. The Steel Valley Authority was founded in 1986 by a coalition of8 communitiesthat were devastated by thelossof industry in the Pittsburgh area in the late '70s and '80s. Originally resisted as socialist,the Authority workedthrough the city councilsand wasgiven broad statepowers ofcondemnationand eminentdomain,although itlacked proper funding for many ofitsprojects. Through theSVA'sefforts foreclosurelaws were changed to enableunemployed workers to keeptheirhomes,local labor unions werereorganized and were given a bigger part in the decisions that affect their jobs, and an effort was made to identify firms that were in troubleand to offer some solutions. One success isthe City Pride Bakery in Pittsburgh. In 1989the BraunBakery, asubsidiary ofßaltsonPurina, was scheduled to close aspart o fa corporate wide reorganization. City offers oftax credits and other incentives were not enough to keep the plant from closing. The workers were determined not torelocate, and so began looking into opening theirownbakerytokeeptheirjobs. WiththehelpofSVAand Dan Curt is,a consultantfrom Californiaand 36-yearveteranof the bakery business, City Pride won the support of local supermarkets. Withthe backing oflocalreligious groupsand city politicians, the bakery began to installmachinery in late 1991,and finally managed to open in September 1992. The SVA hasalso participated inredevelopmentof the steel industry,and theenvironmentalrestoration and economic developmentof smaller communities inthe western Pennsylvania area, and hopes to turn its attention to coal production. The SVA currently represents eleven communities, eight of whichare inbankruptcy. Mr. McCollester hasalso sponsored aproposed amendment to the National Energy Tax, Unking taxes with specific job creation strategies,hoping toprovide for 25% oftherevenue to go to theenergy-producing statesto provideenvironmental safeguards and employeebenefits. You won the election and you are now mayor of Buffalo. Intlienewsfollowingyourvictory,youspokeofyour firstpriorityupon taking office as being thatofsitting down withßuffalo unions inordertorestructureßuflalo'seconomy. I, as acitizen ofBuffalo and someone who voted foryou for mayor, ask that inranking y o iir priorities, thatyou put people first and make our streets safe again sothat hard working citizensofBuffalo can get offatrain and walkhome without getting theirheads beet in. My fnend'sphysical injurieswill heal inafewweeks. Buthowlong will theemotionalscars remain? My friend is lucky to be alive. Itis timeto healthe tensions and wounds ofBuffalo andmake ourstreets safe again before itgets any worse. Respectfully yours, Kevin P. Collins Managing EditorotThe Opinion Editor'sNote: This letterwasfirslprintedin the Nov. 16issue ofthe Opinion. GSEU and SUNY Agree to a Historic First Contract byKevin P. Collins, Managing Editor Aslastyearwentoutwiththeold,anew, firsttimeandhistoric agreement came inwith thenewyear. On Wednesday, December 29, 1993,theGraduateStudentEmployeesUnion (GSEU) and the State University ofNew York (SUN V) reached a tentative agreement on a first contract. The GSEU, Local 1188 ofthe Communications Workers ofWorkers,represents the 4,000 Graduate Assistants(GAs) and Teaching Assistants (TAs) that teach in the SUNY system. This is the first ever collective bargaining agreement between SUN V and its GAsand TAsand the GSEU. The GSEU won a certification election in December of 1992, with an overwhelming 85%mandatevotingin favorofunionrepresentation. Thiselection occurredafter SUNY held up the GSEU for over eleven years in court, challenging the right for the GSEUand GAs and TAs even to holda democratic election whether or not they wished to imionize. The New York State Public Employment Rela- tions Board (PERB) ruled that these students were employees ofNew York State and that they had theright to unionize. The New York State Courts upheld this decision. All oflast year was spent in collective bargaining in attempting to reach this first agreement. Now, therank-and-file membership of the GSEU get to vote on whether or not to approve this settlement. The GSEU bargaining committee is unanimouslyrecommending ratification. The contact voting is currently taking place between January 18 and February 2. The contract will take effect as soon as it is ratifiedbyGSEUmembers. Thedurationofthe agreement will be from the dateofratification throughJune3o,l99s, expiring on July 1,1995. Highlights OfContract the contract gives GAs and ratified, If TAs an across-the-board salary increaseofB%. EffectiveMarch 1,1994, thestipends ofGSEU bargaining unitmembers willberaised by 4% andonMarch 1,1995, therewillbeasecond4% raise. Theagreementalsosetanewminimum annual stipendofss,ooo for employeeson full Geronimo, the Buffalo Campus Bargaining Representative, acknowledged thatratificaassistantships at SUNY campuses. contract The tionwas important because ifmembers fail to also calls for a SUNYwide Graduate Student Employee Health In- ratify the contractthe negative effect will be surancePlan ready forthe 1994-95 academic twofold-the 1994wageraise would notoccur year. This plan makes health care financially and thehealth carecoverage would bedelayed accessible to GAs and TAsregardless oftheir foranotheryear. Mr. ToddHobler.theGSEU citizenship status, funding level or campus Vice-President, was happy that negotiations location. New York State has agreed to pay had finallyreached an end and resulted in an 90% ofthe premium cost for individuals and agreement. He expressed relief that the long 75% forfamilies,asitdoes forotherstate workers. process from justtrying to hold an election to The contract also allows for a griev- winning the election to finally getting a first ance/arbitration procedure and permits GAs contractwasover. And, Ms. CatherineNugent, and TAs up to 5 sick days. In addition, the the new Organizing Coordinator for Buffalo, GSEU and SUNYpledge to worktogether in agreed with Hobler. She realized that the the agreement, vowing to set up a jointlaborGSEUhad been successful in achieving what managementcommittee and a healthand safety manyunions who are fortunate enough to win committee. representation elections today never get- a GSEUSatisfied, Urges Ratification firstcontract.Ms.NugentspokefortheGSEU The GSEU Bargaining Committee when she said thatshe was looking forward to unanimously recommended to GAs andTAs jiistgettingthecontractratifiedandgetting down that they ratify the contract. Ms. Aiuia to servicing the GAsandTAsunder it. January 25,1994 The Opinion 3 �I OPINION bH Founded 1949 Volume 34, No. 8 January 2 5, 1994 Editor-in-Chief: PaulH.Roalsvig Managing Editor: Business Manager: Kevin P. Collins LisaNasiak NewsEditor: Features Editor: SharonNosenchuck Vacant LayoutEditor: Evanßaranoff Photography Editor: DanHarris ArtDirector: KathyKorbuly Saultan H. Baptiste, Paul Beyer, andPeter Zummo StaffWriters: Contributors: SteveBaletand JoeBatesand also Mayor Masiello and Governor Cuomo EDITORIAL Let the Students Speak Three issues surrounding the law school have recently surfaced which call fordirect student participation in a democratic manner. First, thereis the proposed new student disciplinary code. The administration ofthe law schoolattempted to get this done last year at the endofthe Spring 1993 semester. The Faculty-Student RelationsBoard (FSRB) was the vehicleby whichthe administration was to reveal the new student disciplinary code. The problem wasthatthe first meeting was not held untilafter the end ofexams whenlaw students had eitherleftBuffalo for the summeror had begun to work and could notattend meetings. The timing ofthese clandestinemeetings were highly questionable. The FSRB consists ofthreefaculty members and three students. Yet, if no students could attend the meetings, which were held after law school finals, the democraticprocess did not existand students got no say in anew discipunary code that they will be subject to. However, the FSRB neverreturned witha completed studentdisciplinary code. Now a newly formed committee is addressing this studentcode. The students should be made more aware ofthe disciplinary code in generaland the students should have a say in its completion. Second, last semester the SBA voted to use student mandatory activities fees to recarpet, refurnish and fix up dierather largeand spacious Law Review room onthesixthfloor. In an SBA meeting that Dean Boyerattended and spoke at, the SBA decided to usestudent money to make these capital improvements to thelaw school in return for the Law Review room being divided in halfand the SBA being able to voteon which group gets theotherhalf as an office. At the mostrecent SBA meeting last week, the SBA President stated thatnow DeanBoyer is uncomfortable with the SBA being allowed to vote on which organization gets the new office space. The SBA, which represents more than 700 students, consists of22 democratically elected i epresentati yes. TheSBA President suggested thateitherhe should decide who gets the new office space, orthatmaybe a few others could join in this glorious decision as well. The students pay tuition toattend this lawschool. Part ofthistuition is theirmandatory studentactivities fees which go towards funding student groups. The SBA isthe democratically electedrepresentativesofall law students. Law studentmoney.pursuanttoademocratic SBA vote, is being used forcapital improvements to this state-owned building. Now, theDean and the SBAPresident wantto make a unilateral, undemocratic decision as to which group gets the new office space. The SBA voted to givestudentmandatory activity fees to pay for the capital improvements withtheexplicit proviso thattheSßA.as the students' democratically electedrepresentatives, would get to vote as a whole on which group will get the new office space. The whole SBAshould voteon thisnewoffice spaceand unilateral,undemocratic decisions should notbe made by politically-positioning and power-playing individuals. Thirdand finally,and quitesimply and sadly, thewhole student body should get to vote a in recall election as to whether they want the current SBA President, Saultan Baptiste, to continue in office. The SBA, in its last meeting last semester, expressed sentiments that Baptiste'sconduct in the misuse and misappropriation of nearly $1,800 of his fellow student's mandatory activity fees to pay for his personal phone calls should be addressed. Thisunprofessional and unethical behaviorbythe SBAPresidentcan notbe ignored or behidden in political maneuvering. Calls weremade at the SBA meeting to address the SBAPresident'sactions, including thepossibilitiesofavoteofno confidence and taking away all fiduciary responsibilities. These should be followed. The SBA President can not be impeached because the SBA Constitution doesnotcontain any provisions onimpeachment ofexecutive officers. For the students to truly have a democratic say inwhether they want the SBA President to continue in office, a recall election should beheld soonin which students can vote yes or no as to thiskind ofleadership. Thesethreeareas call for fulland immediatelaw student involvement in a democratic manner to ensure that students truly have a fair sayand vote in current and important issues tliat surroundUBLaw School. Copyright 1993. The Opinion.SB A. Any reproduction ofmaterials herein is strictly prohibited withouttheexpress consent oftheEditors. TheOpinionispublished every two weeks during theFallandSpring semesters. ItisthestudentnewspaperoftheState University ofNew York at Buffalo School ofLaw. The views expressed in this paperare not necessarily those ofthe Editors or StaffofThe Opinion. The Opinionis a non-profit organization, thirdclass postageenteredatßuffalo.NY. Editorial policy ofThe Opinionis detenuinedbytheEditors. The Opinion isfunded by theSB A fromStudentLaw Fees. The Opinionwelcomesletters to the editorbut reserves theright to edit for lengthand libelous content. Letters longerthan three typed doublespaced pages will beedited for length. Please do not put anything you wish printed under our office door. Submissions can be sent via Campus orUnited States Mail to The Opinion.SUNYAB Amherst Campus, 724 JohnLord O'BrianHall.Buffalo.NewYork 14260(716)645-2147 orplacedinlawschoolmailbox76l. Deadlinesfor the semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion January 25,1994 Opinion Mailbox Alleges Racial Bias in the Desmond Competition To the Editor: I participated in the Desmond Moot Courtcompetitionandenjoyeditverymuch. I was successful and achieved Board membership. However.itshouldnotbeoverlookedthat I and other minority students experiencedracialbiasonthepartofsomeofthejudges. The evidence is purely anecdotal, but my experience was confirmed by what other minority competitorssaidabout subtle, yetconsistently, differential treatment. Moot Court, as well as otherprestigious law schoolorganizations, are set up to exclude people of color because these competitions are made forandbylhe "majority". Many majority studentsthinkthat we attribute everything to racism, but it should come as no surprise that our society is still plagued with the ignorance of racism and that racism is reflected even within the Law School community. This year's competition hadapproximately 16students ofcolorparticipating and very few (lessthanfive) judgeswho were people ofcolor. Many studentswere disappointed anu augi y ai wnai they feltwereblatantbiases displayed by some ofthe judgeswhoparticipated in the competition. In fact, for the last two years, every student ofcolor who made the Moot Court Board, withthe exception ofone, had a white partner. I am certainly not accusing the Moot CourtBoard ofimproprieties; I am onlypointing out what is often overlooked and/or dismissed by the majority. Manystudentsofcolor alsorefuse to acknowledge theseracial events or they ignore them because, if pointed out, theyare considered trouble-makers. However, this does not change the fact that students of color at UB Law are faced with the horrible plague ofracism every day oftheir lives. Some of you are wondering what my point is, and what, ifany, solutions I have for thisproblem. Well,the first is directed atthe majority students. I would implore you not to dismiss our cries ofracism justbecause you cannot understand them or haven't experienced it. I askyou to work toward creating a society where we are all evaluated for our achievementsand ourqualifications. Remem- ber, people ofcolor are in this society to stay and we are yourpeers. My second suggestion is thatthe Moot CourtBoard ask the MinorityBar Association to participate in this competition next year. This year's judgeswere selectedfrom alistof judgesthe Board had from last year. In addition,the MootCourtBoard sent out invitations to all the firms in Buffalo (with more thanfive attorneys)andpublished an announcement in theBuffalo Law Journal. The Board can also attach a statement with the invitations explaining to the judges that they must evaluate all the students on merit ilone. It is almost impossible to eliminate all the biases from the competition, but perhaps with this statement the Moot Court Board will givenotice tothe judges that it will not tolerate bigatry or sexism. Lastly, the Boardcanimplementagrievmceprocedurewhereby stuientswho felt thataparticular judgewas biased can petition to remove that judge from the list of potential luugcMiii uicucxt competition. I wouldlike to congratulate all the studentsofcolor who successfully completed the Desmond Moot Court competition. I would especiallylike to congratulate Susan Sanchez, Rex Velasquez, Mindy Birman, Susan Soong and Vipan Singh for making the Board. It is with great pride that I acknowledge these students who successfully broke the barriers setup to keeppeople ofcoloroutofthemainstream. Last, butnot least, Iwouldlike to ask the students ofcolor not to give up. Continue to participate inthese events. I would encourage studentsofcolor to participate inotherprestigiouscompetitions suchas theFrederick Douglas Moot Court competition, the National LALSA MootCourt Competition and others like these. We must stop measuring our success by the standard of the "White Man". Although we are equal, maybe someday we will be seen as such. SUNY Should Respect Washington and Columbus To the Editor: Ifindmyself irritated by SUNY'spolicy of canceling classes on Martin Luther King Day for basically two reasons. First, itis a slap in the face to those ofus who wish to accord at leastthe same veneration to GeorgeWashington, AbrahamLincoln, ChristopherColumbus, and veterans ofthe armed forces, all ofwhom werehonored with nationalholiday sfar before MartinLutherKing. Second, dieSUNV policy is blatant patronization of certain AfricanAmericansandmulti-culturalistswho espouse aradical agenda forreshaping American society. George Washington was arguably our nation'sgreatestpresidentandmilitary leader. Certainly, no other person has achieved so much in both capacities for the sake of his country. Abraham Lincoln is the man who signed the Emancipation Proclamation and achieved more for the advancement of black men and women in America, in the shortest period of time (and did so at the greatestcost ofhuman life in American military history), than any other single leader. ChristopherColumbus, although unfairly . malignedand contemptuously mistreatedby the historicalrevisionists ofthe left, wasnevertheless abrave explorerwho defied conventional wisdomand ignored personal comfortby endeavoring to expandhumanity's horizons both geographically and economically. A devoutlyreligious man, notwithstanding the malicious characterizations assigned to him by thosewho misunderstand, and thusresent, his foray into wildernessAmerica, Christopher Columbus carried outhis sacred missionwith determinationandraw courage. Overlooked by those who, with 20/20 hindsight, flatly condemn him from head to toe, isthe need to viewhis actions in the intellectual context of his time. Suffice it to say, the efforts of Christopher Columbus were ultimately rewarded by the founding ofperhaps the most powerful, prosperous, and libertarian nation ever: the United States ofAmerica. As great as each oftheabove men were, theirplaceonthepedestalofgreat contributors to ourcountry remains low when compared to that which must be accorded to our armed forces veterans. These common men and womenare thetrueheroes ofAmerican history. Washington, continuedon nextpage .. An election forFeatures Editor ofthe Opinion will be held Monday, January 31 at 11:30 cum. to fill the vacancyfor the semester. Anyone interested in theposition must submit a letter to the Editor-in-Chief (Box #761) no later than Friday, Jan. 28. �Humor Column: The Bridegroom The Balet Bar Review Course by Steve Balet. Contributor Since the first moment we entered the hallowedhallway sof JohnLord O'Brian Hall, wehave been inundated with the sales pitches ofvariousBar Review Courses. We have all heardofPieper, Bar Bri,Marino, and PMBR, andwe appreciatethefreefood theyprovide at their interest meetings, but have they really given us a clue as to how to actually take the Bar? Theanswer, my friends, isaresounding "No"! That is whyI am providing toyou, free ofcharge, the most highly touted Bar Review Course in South Dakotaand the lowerparts of Mississippi. That's right! the "Steven Balet How-to-take-the-Bar-Exam Course iscoming to New York. Hereare some freerecommendations on how to takethe Bar that have already helped tens ofpeople to become lawyers. Recommendation Ml: Take the testsittingdown. We have found through our years of experience instudy ing theBar Exam that most ofdietables they provide you to write on, are low to the ground andare much more suitable for sitting than standing. Remember,this test is two dayslong, and thestrain ofbending over all the time can hurtyour performance. Oh,lknowwhatyou're thinking, "I'll justlean during the entire test.'' This method may seem like a good idea at first, but there may not be anything on which to lean; your table mightbe too flimsy and the nearest wall may be yards away. In our course, we try to prepare our students for every contingency. Many students gointo theBar Exam thinking '' lean," only to become flustered when they are not able to do so, often resulting in poor scores. It is true that prior to 1983 I did recommendlying downonyourback, stomach orside, but unfortunately inNew York,youare no longer allowed to take the test that way. Recommendation #2: Useapenorpencil. We have found that crayons and chalk tended to smearon the essay portionofthe test; remember, ifyour essay ishard to read, itwill effectyour score. We have found that pens and pencils tend to workbest on theBar Exam, butremember: apply the pointier end ofthe instrument to thepage. Manywould-be attorneys have failed the Bar because the indentations left on the page(from using the wrongsideofthepen)have worn offby the time the test is ready to be graded. Pointof information: writing withyour own blood is not allowed inNew York due to many unfortunate deaths by test takers in the early 19605. However, ifyourareplanning on taking the Bar in one ofthe southern states, this practice is still allowed. Recommendation #3: Try to havesome knowledge ofthelaw. It has been our experience that people withsomeknowledge ofthelaw haveaslightly ... Opinion Mailbox: Washington, Who Didn't Recommendation #4:Askquestions. If you get stuck on a difficult question andneed help, don'tbeafraid to ask theperson Know the Law sitting next toyou. Before the exam, theproctor alwayssays,' 'Pleasedonotaskyourneighbor for help.'' Thisis a throwback to the early days when the exam was delivered to each testtaker's home and it was not uncommon for neighbors to cheat by taking the test together. Today, however, this rationale does not apply to mostofus, because our neighbors are miles away from the testcenter. Ifyour neighbor is, indeed, taking the Bar then don'tsit nextto him orher. Recommendation MS: Take the testat a test center. Each year, many people wake up, go down to thekitchen for breakfastand wait for the test to be delivered to their home. It has been our experience that this rarely happens anymore. You have a much better chance at passing the bar ifyou wait to take the exam at a test-taking center. Recommendation U6- Take the test sober. Althoughtaking the exam drunk will not effect most peoples scoresone way or the other, alcohol is not allowed atthe testtaking center. So unless you're really blitzed, you will lose your buzz midway through the exam and weall know whatthat feels like. continuedfrom page 4 Withoutsuchpeople the great generals, states- classes, that other national holidays with at men, and presidents would liave fought lonely least as much historical significance do not andultimately unwinnable battlesagainstthe receive from the law school and the State forces of fascism, communism, and various University ofNew York. Thus, I am lead to thesecondreason for political megalomaniacs abroad. Veterans are the Americans most deserving of special my irritation at the UB Law School/SUNY recognition for it is they who selflessly toiled King Day policy. True to formforauniversity for a patriotic cause knowing all the time that thatpromotes racial divisiveness by affirmatheirsolereward was theassurance ofpeaceful tively favoring purportedly disenfranchised minorities, UBLaw School's King Day class anonymity in their own country. MartinLutherKing, Jr. was arguably cancellation policy is an apparent effort to oneofthe most charismatic and dynamiccivil placate certain African-Americans who derights advocates in American history. His mand adherence to a leftist multiculturalist constant calls for peaceful protest of unjust agenda. Sadly,this patronization only diminlawsandequally peaceful calls forcorrective ishes the opportunity to integrate the entire laws never degeneratedinto irresponsible hate SUNY community into a unified group of speeches found today among some entertain- Americans with similar educational ers and leftist demagogues. Yet, I cannot goals.lnsteadofemphasizing commonalities, regard the effect of Mr. King's life as so promoting aholiday thathonorsamanwhois largely endeared to African-Americans to the significant that it deserves special recognition, such as cancellation ofUB Law School exclusionofotherholidaysemphasizesdiffer- . better pass rate on theBar than people whodo nothaveany knowledge ofthelaw. ences and derogates the traditional ideals enun- ciated by Washington, Lincoln, and our veterans. Alas, suchderogation and divisionis the true goal ofmulti-culturalists. Left unchecked, thesemisguided sowersofdiscontentwillreap chaos inour country by ultimately producing class and ethnic contentiousness that will surely destroy thespecial bonds thatall Americans have traditionally shared. Accordingly, SUNY should either establish a class cancellation policy that includes all national holidays or stop capitulating to the selfish, butclamorous demandsofthe political fringe and drop theKing Day cancellationpolicy altogether. Only by choosing one ofthesealternatives can SUNV show itscommitment torespectful recognition ofall great Americans and the national unity they espoused. JayKalasnik,2L IHJ ANfXIETY SCALE UJ^carlwl > , ri m? |j€Qrtul\ la *fe it my resume!? Is \jV. cover-β-tter? I? P I I tronzW-T upset\ •I i [J\ Ik /£y nervous\\ — I ' ,2 I » &T back. I'm moving rV c r> ?°™ U- .ji be. .J^.,—I cnaiani* //rhalani —lackadaisical Vuin^" blase |~/ , I T* J/r-"/indifferent / concernea Trrnildkj by Dan Harris, Photo Editor My mother was dying. After two months ofbattling leukemiashehad failed to go into remission. Another round of chemotherapy would killher immediately. Otherwise she'dlive maybe sixmonths. So all wecould do was prepare for herimpending death, and hope for a miracle. Lisa and I had initially intended to have a fairly simple wedding about two monthsafterlfoundalegaljob. Whenmy mother wasfirst diagnosedwithleukemia, and givenaprognosisofapproximately two years to live, we had decided to move the weddingup to August of 1994. We wanted to make sure Mom wouldbe thereto see our nuptials. No w allofa suddenitlookedlikemy mother wouldn'tbearound inAugust We didn't even know if she'd be around in March. We planned a quickwedding for January 16. As often happens with cancer patients, complications arose. While in the hospitalmymothercontractedpneumonia. Everyone suggested thatwe havethe wedding quick and in her hospitalroom. My mother was adamant that she wanted to hang on until the 16th. Every day the pneumonia and her breathing gotworse. Friday, December 24 was an awful day for my mother. Herbreathingwasatits worst. Adoctortoldmethatifshedidn'tgo on a respirator by the end ofthe weekend she'd die. My motherwasadamantabout not going on arespirator. Hersisters from Israel were due to arrive in Boston that afternoon. They intended to sleep for a while and then come in the next day. In the late afternoon my motherannounced that she couldn't hold on much longer, She wassure shewouldn't make it through the night, as normal breathing was like running a marathon. We immediately called her family and close friends to the hospital. She insisted that we call Rabbi Scolnictogiveaquickweddingsoshecould see us married. Ifnothing else, this was evidenceofhowsickshewas. After all, she must haveknow that youcan'thavea Jewish wedding onthe Sabbath. Furthermore, we didn't even have our civil marriage license yet. Whilewe waitedforRabbi Scolnk it was traumatic in the hospital. The family said verytearful good-byes to mymother. Shetoldme that she'dhang on through the weddingand then letgo and die. There was nothing we could do. Eventually Rabbi Scolnic arrived. We wheeled my mother into a large lounge. As Lisaand I stood together, I paid no attention to the "bride," what Rabbi Scolmcwassaying,oranyofihecerernony. All ofmy attention wasonmymo ther,and her reaction to the show. I know it was a facade, but she didn't I'd pay attention during myreal wedding. Asourringshad onlybeen ordered the daybefore, we used theringsthat belongto my sisterandbrotherin-law. It was almost amusing as I could only get the ring madefor his smallhands onmy firstknuckle. Afterthe' 'wedding" my' 'wife"and I kissed my mother. She'd seen us''married." Mybestmanmadetheperfecttoast He commented on howmuch he likes my family, what awonderfill coupleLisaand I make, and most importantly, how he admiresall the goodtraits I learned frommy mother. The gentilenurses came into the lounge, onwliat was their holiday, and sang the traditional Hebrew song,'' Simen-tovoo-mazel-tov." We wheeled my mother back toher ...Bridegroom, continuedonpage 7 January 25,1994 The Opinion 5 �j II I]H II U H I MPRE REVIEW | FREE ANNOUNCING OUR LOCATIONS FOR THE MARCH MPRE ***NOTE: All classes will run from 9:00 a.m.-5.00p.m. Sunday, February 13,1994: 1] Saturday, February 26,1994: [I H H H II Amphitheater, Main Floor Fashion Institute of Technology il video-tape Lectures H ROOM E 7/8 ROOM 108, O'Brian hall ROOM 734 ROOM 217, Breslin Hall TO BE ANNOUNCED ROOM 154 TO BE ANNOUNCED [I Sunday, February 27,1994: video-tape Lecture NYU Law School PACE Law School Room 110 |1J H ■I EXAMIIH live Lecture Albany Law School Buffalo Law School Boston University Law School Hofstra University Syracuse Law School Georgetown Law School Tulane Law School [ j PEEPER Room 403, Preston Hall This course is 100%free of charge [I To reserve a seat, call 1-800-635-6569. not All students are welcome NO MATTER il whether a Pieper student or WHAT BAR REVIEW COURSE YOU ARE REGISTERED FOR.!!! I]H Contact: Pamela Valenti, Karen Judd, Chris Keller, Marjory Avant, Greg Hill, and Hector Figueroa H H 11 fHJ |I X Ij H 1] H 11 11 H [1H �AW^ Th c Docket The Lowdown WHAT: Graduate Group on Human Rights, Second SemesterIntroductory Meeting WHEN: Wednesday, Jan. 26,3:30 pm WHERE: 105 O'BrianHall, Student Lounge LOWDOWN: Kathy Rimarwill be speaking onrefugeeandasylumlaw. Formore information,please contact Sharon Nosenchuck, 408 O'Brian,phone:645-6184. WHAT: AWLS sponsorsa Presentation about Corporate Counsel WHEN: Wednesday, Jan. 26,4:30pm WHERE: R00m207 O'Brian Hall LOWDOWN: Patricia Fulweiler, Esq., CorporateCounsel withCommonwealth,will speak aboutcorporate counsel. KickOfftheSpringSemestertheßight Way SBA Party atTheStuffedMushnxm(2sBoMainSt) Thursday, Jan.27 from9p.m.Until $3perperson DJandUnlimitedßeer.Soda, Wings&Pizza Elmwood Aye. in Buffalo LOWDOWN: Admission is freefor allinterested. WHAT: Graduate Office forPublic Interest/ Public Service Careers lis holding an open house WHEN:Jan. 31 to Feb. 3,10 a.m. to 3 p.m. WHERE: Room 722 O'BrianHall LOWDOWN: Anyoneinterestedshould come to learn moreabout the group's services. WHAT: Prison Task Force WHEN: Thursday, Jan. 27 at4p.m. WHAT: January isFinancial Aid Awarness 109 O'BrianHall Month in New YorkState WHERE: Room Youcan call aCollege FinanFirst ofthe semester LOWDOWN: meeting LOWDOWN: Expert Aid on a toll-free hotline any cial to speak R. Attorney Lovallo betweennoon and 7 pm, call 1-800Timothy weekday WHAT: officials term limitsfor Buffalo elected -367-2670. about WHEN: Thursday, Jan. 27 at 7 p.m. WHERE: Bullfeather's Restaurant, 1010 WHAT Mandatory Student Activity Fee I ...Bridegroom,c continuedfrompage 5 room. Shecouldnowdiehavingperceivedme as married. It was terrible, but we hadn't a choice. We had to let go. Allowing my mother to bealone with otherpeople, I wentintothe lounge. Family and friends congratulated me and Lisa. After my brother-in-lawaddressed Lisa as "Mrs. Harris," I announced that the depressingplay wasover. My motherhad seen usmarried, but iknewwewerenot, Youcan'tmarryonthe Sabbath. It was then that I was told that my knowledgeofJewish law wassorelylacking. Severalpeopletheninformed us ofan exception to theregulation againstmarryingon the Sabbath. IfitwiUeaseadyingperson'spain, you are legally allowed to manyon the Sabbath. On fop ofthat, suchareligiouswedding willberecognizedinthecivillaw,despite the lack ofpaperwork. So, thejokehad been on me. I wasin factmarried. Thegroupcongratulated usagain. At first I couldn't accept the fact that Lisaand I werenow married. Although I very much wantto marryher, I didnotwant to be married at this time. When I get married I want to be aware that I'm getting married. I hadn't been. I hadn't been psychologically prepared to make the leap from being single to being married. I wanted to see ifI could get the marriage annulled justso I could marry Lisa, but be aware ofit at the time. By some miracle, on die morning of December 25, not only was my mother still alive, butsomehowherpneumoniaand breathing were getting a littlebetter. On top ofthat herblood levels beganto improve. Her doctor began to suspect thatshemight actually bein remission. At thatpointwe informed herthat we were stillhoping for the bigger synagogue wedding. Weeventold heraboutthejoke that had been oil us. When Rabbi Scolnic called herfrom theplacewherehewasvacationing, heconfirmed toherthatLisa and I were indeed married, both in Judaismand the civillaw. I adjusted to the fact that Lisa and I were married now. Inafive-minute conversatk>nlusedthephrase"my wife" tentimes. OnaformlcheckedofTthemarriedbox. Lisa signed a receipt using the last name Harris. Considering I'd been living withLisa for a long time, married life really wasn't all that different from single life after all. We went to the city hall to register our marriage. There we were shockedto discover that the civil law would not recognize our marriage. Ourmanyfrieudsandfamily.who had not been able to attend our Jewish weddingonthree hoursnotice, wouldnow beable to see usmarriedin someform. I wasexcited. Lisa was depressed. She wanted to be mar- ried. On Sunday, January 2, Rabbi Scolnic wasbackin town. Itoldhim how shocked we were that we were in fact married. At that point, he told us that we weren't. We were betrothed. It's a Jewish engagement that would require a divorce if broken, but no maintenance. Rabbi Scolnic really couldn't make a Jewish wedding onthe Sabbath. A Jewish wedding requires three elements: First, the Katubah, which is the marriage contract. It is a document signed by the bride, the bridegroom, and two witnesses. Second, the ceremony. Third,consummation. It is illegal in Judaism to sign a contract onthe Sabbath. Additionally, itis illegal to performthe marriage ceremony on the Sabbath. No dying exception exists. The only thing that is allowed is the betrothal ceremony. Hejusthadn'tinformedmymother that he was performing a betrothal, not a marriage ceremony. Wewon'tdiscussconsununation. We decided notto tellmy mother that weweren'tmarrieduntilfiveminutes before wewere actually gettingmarried. Ifshemade it,then she could enjoythe ceremony. Ifshe didn't, she'ddie believing she'd seenher son married. We got our rings thatafternoon. We made a pointofwearingthem in front ofmy mother, andremoving them when not in her presence. Wewerecontinuingthebigwhite lie. The next day the doctor did another bone marrow test on my mother. Miraculously sheis incompleteremission. Ifallgoes well, she should have plentyoftimeleft. The family decided to stay mum about the truth j about thewedding, despitethe positive news. Thatevening,whilevisitingmy mother, Lisaandlkeptourringson. Atthatpointmy motherrevealed thattherabbihad toldher the truth. Weremoved therings fromour fingers. Fully in command again, my motherinstructed usthatwhen betrothed itis proper to wear the wedding bands. We put them back on our fingers, where we nowkeep them even when not in her presence. My mother is continuing to gain strength. We'relooking forward to ourreal wedding. This time I'll concentrate on my bride, and no t needto worry about mymother. This time I' 11 know that thelaw will see Lisa and I are married. millee WaiverForm for Spring 1994now available the SBA FORMOREINFORMATION: ContactShaWHERE: Applications available at Nosenchuck, 408,645-6184. room ron Office in 101 O'Brian Hall LOWDOWN: Applications are due Friday, WHAT: Women'sandChildren'sßights: A Feb. 4 Local Perspective Student Papers WHEN: February 17,1:00 p.m. WHAT: Call for Editors and , Law WHERE: 545O Brian(FacultyLounge) from Buffalo Journal oflnternational WHEN: Resumes are due by 4:30 pm Friday, LOWDOWN: SueTomkins, Clinical Instructor of the Law School Domestic Violence Feb41994. at Clinic, will be speaking on therights ofwomen Resumes should be submitted WHERE: and children. Her presentation will concenCDO. LOWDOWN: All 1L and 2L students inter- trate on community responses to the endemic ested in International law are encouraged to problem ofviolence against womenand chilapply. Please includea letter ofinterest which dren. SPONSORED BY: GraduateGroup on Human specifies the position(s) in whichyou are interare most Rights for whichyou qualified. estedand FORMOREINFORMATION: Contact ShaThe Journal will publish itsfirst issue, focusing on Biotechnology and Biodiversity, this ron Nosenchuck, room 408, 645-6184. Spring. Topics of subsequent issues ofthe Journal will vary each year at (he discretionof WHAT: Human Rights Agenda te Editorial Board. TheJournal isdesigned in WHEN: March 1994 such a way as to coverdifferentinternational LOWDOWN: A week ofhumanrights events issues each year, depending upon the particular takingplaceatthe Law School. Lookformore interest and timeliness of the subject. The information in the coming weeks. Journal will be published twice a year, once duringthe Springsemester and once duringthe WHAT: PatentBar Review Course Fall semester. Please carefully consider the WHEN: March 10-13 timeand effortrequired beforey ou elect torun WHERE: New York University School ofLaw LOWDOWN: TheInstitute for PatentStudies foranyposition. has scheduled a local patent barreview course The followingpositions are available: Associate Editors, Recent Development Editors, for law school students. The course is for studentswhoare preparing forthe registration Articles Editors, Publications Editor. Descriptions ofthe responsibilities involved in examination in the U.S.PatentandTrademark each position are available in the Journal Office. Total number of classroom hours is fifty; one half ofthe program is directed to Office,Rm 8, in thebasementofO'Brian (645-6206). The Journalisalso currently accepting reviewing the Manual ofPatent Examining articles on the subject of Biodiversity and Procedure and theother halfis directed toclaim drafting and analysis. A 1994Program Guide Biotechnology. and discountin formation can berequested by WHAT: James A. Coon Memorial Writing calling the Instituteat 1-800-392-6512. Competition WHEN: Entriesmust bereceived by March 1, 1994. LOWDOWN: The New York State Bar Assocaition Municipal Law Section has established an annual writing competition on New York Land Use and Zoning Law. The winningauthor will receive a $500 cashprize and theirentry will be published in theMunicipal Lawyer. The competition is open to any student attending a law school in New York State. For more information call Patricia Salkinat(slB)44s-2329. I SUMMER I LAW STUDY in Dublin London Mexico Oxford Paris WHAT: Brown Bag Lunch WHEN: Monday,February 7,1994,12:15p.m. WHERE: 212 O'Brian LOWDOWN: Father Roy Bourgeois will be discussing the School ofthe Americas. The Schoolofthe Americas, supported by theU.S. Government, provides militarytraining to Third World soldiers. Many of those trained by the School have later perpetrated egregious human rights violations. SPONSORED BY: Graduate Group on Human Rights and Latin American Solidarity Com- Russia-Poland San Diego FOREIGN LAW PROGRAMS SCHOOL OF LAW UNIVERSITY OF SAN DIEGO 5998 Alcala Park San Diego CA 92110-2492 {fil)univcraily of <San DcgD Probing, Timely, Controversial. Beer... Join the Opinion! §5 . fife ' f Love Blurbs! V| Editor's Note:The Opinion is sad to report that, since the writing ofthis article, Dan's motherpassed away over the break. Ourcondolences to Dan andhisfamily. -J T I Begin sending us your "Love Blurbs" now for the Opinion's special Valentines Day issue, which will come out on Valentines Day, Feb. 14. Express those burning, churning yearnings from your heart, or any other passionateregions. (As editors, we reser\>e the right to editfor boringprose or studentapathy.) I Write yourlove ditty here andplace it in Box #761 and watchfor it in the special Valentines Day issue ofthe Opinion. January 25,1994OTphPin7aeog The Opinion Page 7 �BAR REVIEW M 1500 Broadway • New York, New York 10036 • (212) 719-0200 • (800) 472-8899 ****BAR REVIEW SCHOLARSHIPS**** Dear 1994 Law School Graduate: Recognizing the financial hardships graduating law students are faced with, BAR/BRI Bar Review is offering need based scholarships to help selected students defray the cost of bar exam preparation. BAR/BRI Bar Review will award up to $100,000 in scholarships of varying amounts up to $250 each, to be applied toward current BAR/BRI tuition, including any early enrollment discounts. Interested applicants must submit a letter indicating their law school and describing their financial condition as well as any reasons why a scholarship is deserved (amount of loans, commitment to law, etc). The applicant must not have a commitment for full-time employment following graduation from school. The applicant further Agrees to renounce the scholarship should they receive a commitment for full-time employment by May 15th, 1994. This letter should be no more than one single-spaced typed page and should be returned to the BAR/BRI New York office Attention: Scholarship Committee, by February 18, 1994. Students will be notified of their scholarship award by the end of February. - These scholarships are not assignable and will only be honored in New York, New Jersey, Connecticut, Massachusetts, Maine and New Hampshire. Please specify in your letter which state's bar review course you are planning to take. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1994-01-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/25/1994 Bibliographic Citation A bibliographic reference for the resource. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/56639882c75b6ecc6f38cc6b8fd629f0.pdf c09d2c7493692d2da207dad6ba70d924 PDF Text Text THEOPINION Volume 34, No. 7 -- December 7,1993 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW The Verdict Is In Or Is It? Special Investigative Committee Submits Its Findings by Leslie P. Machado, Contributor TheNov.29meetingoftheStudentßar Association wassupposed to answer many of the questions about the allegations raised by Treasurer MarcPanepinto at the Oct. 25 meet- MichelleObleman Saying Goodbye to a Friend byJenniferEnglert, Sharon Pigman, and TerriWeiririber, Contributors Asmany ofyou have alreadyheard, second-year lawstudentMichelleObleman died at theageof24 on Monday, November 22,1993. Michelle was awaiting evaluationfor alung transplant due to a complicationresulting from treatmentsfor Hodgkins disease. Forthose ofyou who didn't have a chance to get to knowher, we wouldlike to share withyou whoMichelle wasand what she meant to us. Michelle was diagnosed with Hodgkins Disease theFallofherjunior year at Hamilton College. During the next two years, Michelle travelled from Utica to Rochester toreceive radiation and chemotherapy treatments. At one point, she was told that the cancer had gone into remission. This, however, wasshort-lived. A month later, Michelle learned that the cancer had come back. Her physicians recommended abone marrowtransplant, which sheunderwent soonaftergraduating cum laude from Hamilton. Michelle's greatest complaint during this time was that she wouldhave topostpone lawschool for one year. The bone marrow transplant was successfuland Michellebegan law school intheFallofl993. Thecancer had been in remission for about one year. However, Michelle was experiencing shortness of breath which the doctors believed was a temporary sideeffectoftheradiationtreatments. As the year went on, Michelle's condition worsened. Shewasto Id that she wouldneed alung transplant. ThoseofyouwhometMichelleknow that she was very open about her health problems and her treatment. She didn't wantpeople to feel uncomfortable around her or feel that these things were taboo subjects. Talking about her struggle with cancer and the factthat she overcame that deadly illness seemed to be her way of convincingherselfthat shewould survive, despitethe damageradiation and chemotherapy didto herlungs. When Michelle was told late last year that her lungs would not recover on their ownand that sheneeded a lung transFriend, continuedonpage 9 ... ing concerning the conduct ofSBA President Saultan Baptiste. In the end,however, all the meeting did wasraise more questions. The Special Investigative Committee, chaired by 1L Ben Dwyer, has released its report While exoneratingBaptiste onmany of the allegations, the Committeestill found that "Saultan's conduct in regard to running up large personal long distance phone bills on school phones and initially paying those bills with student funds to have been, at the very least, badjudgement,and atthe most, improper conduct." In reaching itsconclusions, the Committee used thestandard contained in Canon Nine ofThe Lawyer's CodeofProfessional Responsibility which says that''officers ofthe public trust have theduty toavoid not only engaging in improper conduct, but to avoid even the appearance ofengaging inimproper conduct. Thus, it is wrong not only to cross the line dividing properand improper conduct but to enter the hazy areabetween the two as well." In reaching itsconclusion, the Committee investigated all fiveofthe specific charges levelled by Panepinto against Baptiste at the Oct. 25 meeting. The Committee found that Saultan's verbalcommitmentofS 1,500ofSBA funds for the face book project before Board approval was a "risk worth taking" and within the discretionofthe President. As to the charge thatSaultan spentmore $ than 1,000 onhis course evaluation project without Board approval ofthis expenditure shortly after hiselection, the Committeefound no evidence of "wrongdoing on Baptiste's part". The thirdcharge ofPanepinto's was that Baptiste ordered the freezing of budgets of organizations which failed to meet the timetable for filing forms, which was outside the SBA, continuedon pages 6and 7 ... The Special Investigative Committee's Findings ConcerningTreasurer Panepinto's 5 Allegations Against President Baptiste o ■ Accusation 1: Baptisteverbally committed $1,500 to thefirstyearfacebook, and only came to theBoard forapproval after thefact. Committee's Findings: The Committee found that "Baptiste's 'commitment'ofthe $ 1,500violated no provision in the SBA's constitutionorby-laws"... and also found that "the president is allowed certain discretion in making executive decisions, especially in the summer, and thatthe verbal commitment given the Alumni Association was certainly within that area of discretion." Accusation 2: Baptistespent more than $1,000 ofSBAfunds on thecourse evaluation projectwithoutßoardapproval. Committee's Findings: The Committee found "no wrongdoing on [Baptiste's] part." Accusation 3: Baptiste unconstitutionally instructed the treasurer tofreeze the budgets ofstudent groupsthat hadfailed to meet a presidential directive. Committee'sFindings: TheCommittee found that"thepolicy offreezing groups' funding, though arguably harsh, in itselfis not illegalorunconstitutional" aslong as theExecutive Board approves it. Although the Committee found thatthe policy was never implemented, it found "the president's attempt to implement the policy [to be] a violation oftheconstitution" sinceBaptiste had the opportunity to obtain Board approval, butchosehotto do so. Accusation 4: Baptiste denied the existence ofthe budget surplusand delayed informing law students ofits existence. Committee's Findings: The Committee found thatit "has noreason to doubtthat Saultan [Baptiste] intended to inform the SBA ofthe existence ofthe unallocated reserve as soonas ithe felt it possible to do 50.... The Committee [also] notes that both Marc [Panepinto] and Paul [Beyer]knew ofthereserveand couldhaverevealed its existence to the SBA at any time, and in aless divisive way than it was revealed in the end. The Committee concludes thatwhatever blame is to be placed in regard to this issue should be shared equallyamong the present Executive Board as a whole." Accusation 5: Baptiste used SBAfunds to coverforpersonal long distancephone calls made lastyearfrom the PAD office. Committee's Findings: TheCommittee found that "[Baptiste's] conduct inregard to bothrunning uplarge personal long distance phone bills on school phonesand initially paying those bills with student funds to have been, at the very least, bad judgement, and at the most, improper conduct" Abrams Calls For Election Reform by Saultan H. Baptiste, StaffWriter Now entering the twilight ofhis 15year serviceas New YorkState AttorneyGeneral, Robert Abrams visited U.B. Law School on Thursday, Dec. 2, to briefly discusshispropos- als for electionlaw reform. Having entered politics in 1965 at the age 0f27, Abrams was proud of his accomplishmentswhileapublic servant and sent a ■" messageofinspiration "ChallengingU.B. law students to considei RobertAbrams committing their time and skill to the public interestafter graduation. Having run in over 20 elections in 28 years, Abrams spoke authoritatively on the issue of election law reform. He said that his perspective as an elected officialhas revealed "a very angry and alienated electorate." Mentioningthefactthatsl %ofNew York City residents voted in the last Presidential elec- don'tmatter.. .and no one willrepresent their interests.. .Big money runs the process and voters feel they have no strength.'' According to Abrams, election spending is "currently out ofcontrol and willonly continue torise.'' Referring to hisfirstbidfor theNewYorkState Assembly in 1965,Abrams saidhe spent only $2,000 onhis campaignand he had time to meet his constituents and understand their concerns. However, in his mostrecentcampaignforU.S.Senator, Abrams spent $6.5 milliondollarsand most ofhistime was spent on the telephone trying to raise money from over 25,000 contributors. He added that over 1 H billion dollars was spent on federal campaigns in 1991-1992 elections. Abrams said "[You] spend most ofthe time during a campaign doing fundraising and as soonas youwin, you spendalot oftimeraising money forthenextelection.... It is a battle for the biggest war chest.'' Abrams provided hisaudience withthree proposals to empower votersandremedy problems within the election process. His first proposal is to limit campaign spending by establishing "realistic" limits on individual campaigncontributions and creating sensible Abrams, continuedon page 9 ... HIGHLIGHTS Academic CalendarUndergoes Changes Parliamentarian Election Results Editorials and Opinion Mailbox Roaming Photographer. Docket .3 3 4-5 8 II �PIEPER WANTS YOU To SWITCH Your Bar Review! Don't lose money because of a foolish mistake! You can make a change without losing any money! Pieper will credit up to $300 put down on another review course. All you have to do is send in proof of payment with your application. IT'S THAT SIMPLE! SO DON'T WAIT!!! CALL NOW!!! PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD.. 1-800-635-6569 Contact: Pamela Valenti, Karen Judd, Chris Keller Marjory Avant, Greg Hill, and Hector Figueroa �Calendar Due For Major Changes by PeterZummo, StaffWriter Haveyoueverwondered "Whydoesthe Law Schoolstart one week earlierthan the rest ofUBboth in theFall and afterWinter Break?'' The answer is straightforward. According to Karen Waltz, directorofAdmissionsand Registration, the Law School is subject to ABA requirements thatmandate 140class days. In order to fit therequisitenumberofdays into the overallschemeof the University calendar, itis necessary to have classes begin before therest ofUB. This is also complicated by the fact that the law schoolrequires two weeks forexaminations, while the standard UB schedule allows for aone week examination period. The Law School needs two weeks because ofthe restrictionsplacedonthenumberofexaminations any students canberequired to take in any one consecutive period. As to whycertain holidays are observed andothersare not, thatisaprimarifyaUniversity-wide policy decision. The Law School tries, forreasons thatare obvious (heat, food service,busses, etc.),to follow the University calendar. The University Calendar itselfis due for some significant changes in the next several years. A University Calendar Committee, chairedby Dr. Myron A.Thompson, hasbeen examining the calendar and has made certain recommendations tothePresidentofthe University, Dr. William Greiner. Efforts by The Opinion toobtainacopyoftheproposed recommendationshave so farbeen unsuccessful, but they are ongoing. Unofficial sources have informed this reporter that one ofthe majorchanges planned is the elimination of the link between the Easter/Passover holidays and the timing of Spring Break. Supposedly, Spring Break will be scheduled at the same time each year withoutregard for thereligious observances. Also, Columbus Day,Veterans Day,and PresidentsDay will continue to be * 'non-holidays" at ÜB, and the observance of Rosh Hashanah will be reduced to one dayrather thanthe currenttwo days. These changes, along with others, if approved by the President, will probably be enacted forthe 1995-96Academic year. This will coincide with the beginning ofthe new curriculum at UB Law. According to Law School Dean Barry Boy er, the semesterorganization of the Law School will change to sevenmodules offourweeks each,for a total of28Academicweeks peryear. The Firstyear Curriculum will bean "Introduction to Legal Education," while the majorchanges for the upper divisions will be more and different concentrations and sequences, i.e. Corporate Finance, Government, and others yet to be finalized. These new sequences willbe introduced gradually, subject to availability of Faculty, funding and the number ofstudents. There isas yet no firm dateenvisioned forthese changes, but Boy er said that hewould like to coordinate some ofthe new programs withthe adoption ofthe new calendar. However, fiscal realities may delay the introduction of the entireprogram and " it willprobably have to be introduced gradually." Speaker Gives Britain'sView On Europe's Changes byKarenBailey, Contributor "Britain in Buffalo, "read flyers publicizing last month's forum titled, "Europe after Maastricht: Economics and Security in thePost Cold War Era: A British Perspective." Judging from thelarge turnout at the Student UnionTheater for the lecture,theUß community wasmore intrigued thanalarmed thatthe "British [were] coming." Moderated by Professor VirginiaLeary, theforumwasdesigned "topresentaßritishperspectiveon the major political, economic and security policy challengesnowfacing Europe." The speakers, who addressed this issue in differentcontexts, were:AlistairHunter, British Consul General and Director General British Trade and Investment Stephen Lee Lee Wins Parliamentarian Election Stephen Lee was victorious inhis campaign forthe SBA Executive Committee position of Secretary/Parliamentarian. Stevewon the election in a close vote of 113 to 76 over 1Lcandidate Emilia Chernyavsky. Unlikethe mostrecent election, voter turnout was lowamong 1L'sand highest among 3L's. The position includes the traditionalresponsibilities ofthe Secretary, such as keeping die minutes andattending Executive Committeemeetings. However, the jobdescriptionhas been expanded as aresult ofa constitu-| tional revision approved by the studentbody earlierthis year. As aresult, Lee willalso becharged with learning parliamentary proceduresandrendering parliamentary decisions at SBA meetings. Lee brings two yearsofexperience on the SBA to his position,having beenaClassDirector and, mostrecently, Treasurer. He losthisre-electionrace for Treasurerlast semester by a narrow margin(5 votes)to current TreasurerMarc Panepinto. (USA), Dr. RayRaymond, VkeConsul, Policy Division, British Information Services and Peter Innes, Director, British Information Services. Hunter openedthe discussion by sharing theBritish perspective on the implementation of the Single Marketandprogress towards greater European economic and monetary union According to Hunter,"...the British attitude towards European Community (EC)membership is one that is usually misunderstood and misrepresented." He pointed out thatBritain, a latecomer to theEuropean Community~had to make a transition from being theheartoftheworld'sempire to becoming a middle-sized European nation. He emphasized, however, that' 'EC membership isnow viewedas apartofeveryday life that hassubstantialadvantages.'' Highlighting some of the changes since membership, he explained that economic trade barriers and border checkpoints have been removed and health and safety requirementsharmonized. Inaddition, European citizenscannow work and live anywhere in the community. "Above all, " he asserted, "the changes have giventhe community momentum to achieve the formidabletaskofcreatinganopen market withthe freemovementofgoods and people." Hunter blamed the international media for portraying the community' s developmentas divisive and reasoned that "bad news simply made betterheadlines." He said that the representation would have been more realistic if it "focused on the fact that the Single Marketis the community's biggest achievement Any disagreementwas simply a matter of [choosing] the best wayto moveforward.'' Centralto Britain's problems the with EC was its advocacy for a differen t approachtomonetaryunion than that outlined in the Maastricht Treaty. This blueprint for the mechanics ofthe union could not be ratifiedwithouttheconsensusofall the EC members. The treaty, which has been ratified since the forum, sets the end of the decade as the deadlinefor establishmentofa single monetary unit. "There is a time for every idea, but the time for full monetary unionis not now," Hunter insisted. Britain wants to avoid using acommon currency untilthe economics ofthemembershaveconverged.'' In support ofthisanalysis, hecitedthe failure ofthe exchange rate mecha- nism that was established ten years share ofthe military burden has inturiesoftensionsbetween thegroups. The former Yugoslaviawas ago to keep intra-exchange rates creased, this effort cannot replicate withinnarrow limits. theAmericancontingent toNATO," a post-World War II union of six The formationofa European he stated. formerly independent republics: Monetary Institute withan advisory Raymond explained that the Bosnia-Herzogovina, Croatia, function thatwouldlaterbecome the "U.S. isamajorpower inevery sense Macedonia, Montenegro, Serbiaand European CentralBank are the next ofthe word,"and toldhisaudience Slovenia. Theunion,whichwaskept stages outlinedby the treaty. Inlight that' 'everyAmerican has a stake in together under the Communist imofthe failure ofthis first step in the the stability of Europe in light of perative, began to loosen with the progressiontowards monetary union, the following statistics: one out of death ofTitoand the crumble ofthe Britain does notseethe possibility of every two dollars in overseas investformerSoviet Union. In response to accomplishingthe othergoalsbythe ment is in Europe; $120 billion in a Serbian campaign to establish a endofthedecade. goodsandservices ''GreaterSerbia" encompassing the In addition, the are We are interconnected exported to Eu- other republics, Croatia, and later country is also rope each year; Bosnia-Herzogovina, declaredtheir concernedabout and any divorce is nearly sixty percent independence and a civil war rethe danger of impossible." ofdirectinvestment sulted. overall excess According to Innes, the ultiin the United States regulation ofthe —RayRaymond, British comes fromEurope; mate solution to thewar lies withthe member states Services and one of every threeparties. Heexplained thatBritbytheEC'spoliain considers itimportant to play a seven U.S. manufacturersworksforan Americansub- lead role in maintaining whatpeace However, Hunter pointed out sidiary ofaEuropean firm. it canas apart ofthe UN contingent. that he was not pessimistic and ex' 'Weare interconnected and This hasinvolved providing humaniclaimed that "the EC's thirty-six any divorce is impossible," he in- tarianreliefin concert withtheUN's years ofexistence has transformed sisted. He warned that it would be missions. For example,Britain sent attitudespositively." Inconcluding, ' 'catastrophic" ifone didoccur. "fivehundredandeighty convoys for he emphasized the union's promisThe British approach to the delivery of4s,oootonsofUK aid as ing possibilities for the economic in theformer Yugoslavia, the well as providing Royal Air Force security oftheregion. final item on the forum's agenda, (RAF) sortiesand ground troops to Military security oftheregion was addressed by Innes. In response enforce theno-fly zone." is not quite as stable according to to thepopular sentimentthatEurope Specificallyregarding BosniaViceConsulßaymond. Hesaidthat hasnothandled the crisisappropriHerzogovina, whose military reEurope isnowmoreunstable forsevately, Innes noted,' 'critics ofwhat sources cannot match those ofthe Serbs, Britain does not advocate eral reasons. The violence and turthey perceiveas inactionshould conmoilheralded by theformer Soviet sider the political implications of ' 'providing the Muslims to rearm as Union's dissolution, the instability what they propose.'' it willencourage the Serbs to do the ofethnicnationalism in Easternand A formerECmonitorinZagreb same." According to Innes, thecounCentral Europeand theSouthern and andBosnia in 1991, Innes shared his try is concerned thatsuchaction will Southeastern buildup ofmajortechobservationsofthe formerrepublic. escalate the warand place UN troops at furtherrisk. Instead, the focus of nology werehis specific concerns. He explained that the ethnic tenAccording to Raymond, it is sions were so strong then, that "it British policy has been "doing a a matter ofwhen, not if, there goodjob to prevent at least some of imperative that the North Atlantic the massacres and encouraging the Treaty Organization (NATO)' 'conouldbewar." tinue to be the makeup ofinternaparties toreach theirownsolutions." Innescited the region's "histional security." The military alli- toricfault line between the Ottoman The event was jointly sponance, which was formed in 1947as a Empire [which influenced theMussored by theBritishConsul General, NY, the Council on International western deterrentto Communist at- limsand the Serbian Russian Orthotack,is now viewed by some as undoxy], and the Austria-Hungarian Studiesand Program ofSUNY-Bufnecessary because ofthebreakup of Empire [whichinfluenced the Cathofaloand the BufialoCouncilonWorld theformer SovietUnion andthe dis- lic Croats],' ' as responsible forcenAffairs. solution of the Warsaw Pact (the Eastemßloc'sresponseto NATO). However, Raymond saidthat BritainadvocatesNATO's continuance because "European security is now untenableandunpredictable.'' Hepointedoutthatßritain'sconcem that the "instability in Eastern Europe will spillover into neighboring states" isa majorreason thatittakes thisapproach. In addition, he noted that "the former Soviet Union is awashwithnuclear arms and has the largest nuclear arsenal after the United States." The Lesbian/Gay/BisexualLaw Students celebrate theNew York In order to address these isCourt ofAppeal's riding whichfound that military recruitment on sues, Britain considers it essential campus violated Gov. Cuomo 'sexecutiveorder. Thegovernor's that the United States remain in orderprohibitson-campusrecruitment byorganizationsthat Europe as a major security propodiscriminateon the basis of race, genderandsexual orientation. nent. "Although Europe's relative " Information ■ (as Victory! December 7,1993 The Opinion 3 �OPINION Volume 34, No. 7 Founded 1949 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: LayoutEditor: PhotographyEditor ArtDirector: Mr sdfsdfsdf December 7,1993 Paul H.Roalsvig Kevin P. Collins Lisa Nasiak Sharon Nosenchuck Vacant Evanßaranoff DanHarris KathyKorbury StaffWriters: Saultan H. Baptiste, Paul Beyer, Joe Khanna, Tracy Sammarco, & Peter Zummo Contributors: Karen Bailey, SteveBalet, Bridget Cawley.LesMachado, & Harry Sultze EDITORIAL It's Time to Look to the Future The SpecialInvestigative Committee assigned with the taskofassessing the extent ofthe SBA President's wrongdoing has issued its Report. It is now time to determine what, if any, action shouldbe taken as a result of the Report's findings. Many questions remain unanswered despite the findings oftheCommittee. However, we realize, in the aftermath ofthe past allegations and CommitteeReports, thereis boundto be many unanswered questions. But this is not the most important issue. Throughout all these proceedings, the perceived effectiveness ofthe SBA, and its reputation as a body that can work together to achieve positive results for the student body has been damaged. Thereal question therefore is: can the SBA get back to business, and achieve real results for law students, or will the events ofthe past two monthspresent such a formidable obstacle to the normal operating procedures? Will the SBA be able to operate effectivelyin the future,by setting asidethe difficultiesofthe past? We have our doubts. Atthelastseriesof SBAmeetings, objectionable actions by thePresident were perceivedby therest ofthe SBA as retaliatory measures. At theNovember 29th meeting,President Baptiste's indictment ofthe Treasurer's performance was seen by many SBA members as a "smoke screen" to cover for the findings ofthe Special Investigative Committee's Report. The next day, President Baptiste's and Secretary Lee's decision to fire thenew Administratiye Assistant, hired by Treasurer Panepinto andVP Beyer, simply fueled this fire, as this was perceived as another example of apolitically motivated act thathad no basis in what was in the best interests ofthe student body. The point is this: President Bapti ste may or may not havehad perfectly valid reasons for taking the actions he did. But the atmosphere at SBA meetings has turned now from cooperation to hostility. It wouldbe a shame iffrom now on, all actions undertaken are denounced by the one side ofthe controversy or theother as simply politically motivated actions. Retaining the SBA leadership as is will lead to a semester of discordand ineffectiveness. The students ofthis law school havebeen presented with all the various viewpoints concerning the controversy. It is now time to let the students decide ifthey want to keep or change the leadership ofthe SBA. Our Condolences We wish to express our heartfelt condolences and sympathies to the friends and family of 2L Michelle Obleman, who died recently while fighting a lung disorder. She will be missed. This is the last issue ofthe semester. The next issue comes out Jan. 25; thesubmission deadline for that issue is Jan. 21. Copyright 1993. The Opinion.SBA. Any reproduction ofmaterials herein is strictly prohibited withoutthe expressconsent oftheEditors. The Opinionis published everytwo weeks during theFall andSpringsemesters. Itis thestudentnewspaper oftheStateUniversity ofNew York at Buffalo School ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofTheOpinion. The Opinion is a non-profit organization, thirdclass postage enteredat Buffalo, NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinion is funded by the SBA fromStudentLaw Fees. The Opinionwelcomeslettersto theeditorbut reserves theright to editfor length and libelouscontent. Letters longerthan threetyped doublespaced pages willbe editedfor length. Please do not put anything youwish printed under our office door. Submissionscan besent viaCampus or UnitedStates Mailto The Opinion. SUNYAB AmherstCampus, 724 JohnLord O'BrianHall.Buftalo.NewYork 14260 (716)645-2147 orplacedinlawschoolmailbox76l. Deadlines for the semester are theFriday before publication. The ideas expressedin the "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion December 7,1993 Opinion Mailbox The State OfAffairs Ofthe SBA the very least, badjudgment, andat the most, improperconiuct." At our most recen meeting, the SBA members presentvotedinfavorofsanctioning the President's fidu:iary powers. Whatever the appropriate action, this matter must be considered am settled as soon as possible so that we can get on with our business. The rest will be up v the student body to take any actions they may deemnecessary. To the Editor: Unfortunately, there is little on which the SBA Executive Board has agreed lately. However, thereis one thing on which we all must agree: the credibility ofthe SBA hasbeen seriously called intoquestionandwemustwork together,regardless ofthe difficulties, torestore our ability to serve students. The misuse of school phones and student fee funds by thePresident, as wellas his subsequent pattern of autocratic and retaliatory behavior,have led to a great dealof distrust. Of course, trust can only be re-established over time. For this reason, I have suggested that the Executive Board be required to meet weekly to ensure regular and opencommunication among Board members. The SBAalso needs to prove thatitcan police itselfby acting on the results of the Investigative Committee Report, which con- I wouldlike to conclude vy applauding theeffortsofthe SBA Investigative Committhe SBA is grateful toCommittee ChairmanBenDwyer JamesLynch andDavid Nemerofffor taking the lead in ensuring that thereport washandled as professionally and objectively as possible. I hope thattheir efforts serve as a model for future cooperation on the SBA. tee. In particular, - PaulBeyer cludedthatthePresident's conduct was "... at SBA VicePresident Petitions ForAccountability dents, at the beginning ofnext semester, the opportunity to collectively speakon this matter and to decide whether or not to allow Baptiste to continue to represent them and maintain fiduciary responsibilities. While many students haveakeady signed thesepetitions, many others who do not question the facts that Baptiste abused student funds have decidednot to sign the petition for theStudentßarAssociation(SßA)inMay,he variousreasons. Somefeel that signing such a transferred $2428.63 from the SBA budgetline petition is "too harsh a punishment," and to pay forhisphone expenses. HepaidtheSßA would adversely affect the future career of Baptiste. Itis true that no one involved in the the money he owed on July 7. Two months ago, after learning about petitionmovement wants to indict Baptisteas this very unrepresentative, undemocraticand anindividual butBaptisteas arepresentative self-interested abuse of students' fees, the ofthe students has to be held accountability. SBA theelected studentgovernment primaWhilethis sentiment ofnot holding Baptiste rily charged, in my opinion, with ensuring accountableas arepresentativemay beviewed integrity inabudgetprocesswhich sustains the as sympathy fora fellow student, onecan also many cultural, educational, socialand politi- see the type of classist, "above the law" cal organizations in our school formed a mentality that protects many elected representatives whoabuse their office. Thisattitude special committee. The all-student commitalso represented by givesriseto the very differentperceptions tee, eachyear in thelaw school, was asked toinvestigate thisandotherbehavamong "professionals" of white collarand iorwhichconcerned students feltwas a pattern othercriminal activity. Somehow, the stark ofdictatorialconduct jeopardizing the effec- reality ofanabuseofsrudent fundsand flouting tiveactivity ofstudent governmentandthereby ofaccountability withareal, negative impact student organizations.Lastweek, the commitoncollective studentactivity is mysteriously teereleased its report Regarding the abuse of transformed into "bad judgement." Indeed, weviewitasnothing very serious,as activity over $ 1795 in students' fees, thereport concluded that Baptiste's conduct was "at the whichweas' 'professionals,'' and those who very least, bad judgement, and at die most, oneday may very wellbecome electedrepresentatives in die larger community, are "enimproperconduct In addition to the report, concerned stutitled" to engage in from time to time. dents handed out recall petitions to give stu...Accountability,continuednextpage Lastweek, studentsreceived highly critical information regarding oneofthe students elected to represent them in student government, Saultan Baptiste. The information revealed that last year Baptiste, as an elected officerofPhi AlphaDelta (a student organization), used that organization's phone over a period of six months for his personal phone calls. After assuming his elected position on - - - �, ...Accountability, continued nextpage causehe needed one--a lotofwork in theoffice hadto get done, and hecouldn'tdoitall alone. crying. Later that night, around dinner time, Saultan declinedto participate in the process. when I got home, she was stillreally upset. She Marc interviewed two people, Robin and an- was cry ingand say ing how humiliating itwas acollectivevoice. To those who viewpolitics other. The other withdrew her application. to have herdignity trampled likethat, likeshe as a self-interested pursuit, not signing a peti- Marc and VPPaul Beyer signed-offonRobin's was a tool. A pawn. tion and not holding electedrepresentatives hiring onTuesday, November23. Saultan and Secretary StephenLee had accountable for their activity will only perRobin's qualifications for the job are signed-ofTonßobin'sdischarge. Stevesoon petuate the perversion ofpolitics, not only at beyond dispute. ShehasaßAandaboutthree regretted it. He was decent enough to call school but ultimately in the greater commuyearsofexperience doingoffke supportwork. Robin thatsame night to apologize. Hesaidhe nity. Her availability meets the jobrequirements. signed-off on firing her because Saultan had Yes, signing such a petition is not a She's also really nice. misrepresented the situation to him. He said pleasant experience. Itis much easier toratioRobin started working in the SBA office a few times he wasreally sorry Robin got hurt. nalize anabuse by electedrepresentatives as onMonday,November29. Sheworkedthatday Saultan took a lot ofheat that day for "poor judgement" and leave it at that, or from 8:00 a.m. to noon. Her first day was firingRobin. Many studentswho heardabout cynically dismissany attempt to makerepreitconfronted him. asking him why he did it He pleasantand productive. sentativesaccountable to the people as a vain at next Robin and I arrived school the responded that he had good reasons that he effort. Havingarecall vote,however, will give morning, Tuesday, at 8:00. I had an 8:00 would reveal at the SBA Board meeting that studentsthe opportunity to express what they Evidenceclass. Robinwas goingtoworkfrom night feel is acceptable behavior by elected repreIwenttothemeeting. Heleftafterabout 8:00 to noon again. Saultanarrived at theoffice sentatives. WhenllefttheSßAofficeto ten minutes. He said he hada personal emerabout8:00,too. Respectfully Yours, goto class,Saultanshut thedoorand toldRobin gency. Hedidn'telaborate. Whenaskedwhy JoeAntonecchia she wasterminated. Heasked herto return her hefiredRobin, herefused toanswer, saying the officekey. He said something like the way she meeting was supposed to beabouthis misapwas hiredwasn'tright, sothis washow he was propriation ofthe school's phone line and the making itright. He said itdidn't involveher. SBA'smoney. SBA2LRepresentativeChristin After Evidence I was talking to a few Horsley said at the meeting thatSaultan had classmates inthe hall outsideroom 109when toldher hisreasons for firingRobin, andthey Angry OverWife'sFiring Robin walked up. I wondered why she was weren'tanygood. auditors, on the advice of Sub Board I's Editor: The ending is sort ofhappy. SteveLee To the wearinghercoatandcarryingherbag. Shewas I'maUß2L. I feel obligated to inform Deloitte & Touche. Last year's SBA Board scheduled to work 'til noon. So I asked her, signed-o ffoh reinstating Robin, along with the student body aboutan incident involving allocated money to hirean AA this year. In facetiously, "What? Did you get fired?" She Marc and Paul. That means Saultan can'tget the SBA Executive Committee and my wife, order to comport with SBA procedure, two said, "Yeah," widi a look on her face like, a second signature to fire hera second time. membersoftheExecutive Committee(PresiRobinBuonomo-Leve. Hence, thisletter. ' 'Can you believe it?'' She was visibly hurt. The SBA Administrative Assistant(AA) dent,VP,Treasurer, Secretary) had to sign-off Her eyes were welled up. She left campus DavidLeve,2L (he filled on hiring. wascreatedand then lastyearby position Treasurer Marc Panepinto informed PresidentßillTrezevantand TreasurerStephen A Letter From the SBA President President Saultan that he was interBaptiste The is to assist the Treasurer AA'sjob Lee. Dear Fellow Law Students: withhis/her paperwork. The jobwas created viewing prospectives forthe AA positionbeWhen I was elected to serveas SBA President, little didI know that I wouldbethe target ofpolitical attacks and it would serve as a vehicle to undermine my individual integrity. I sawmyappointmentas anopportunity to help my fellow students and Iproposed innovative ideas suchas a Course Evaluation Guide and a First Year Facebook to create a greater sense on community. I advocated for students on issues suchas the change in the grading system and the creation ofadditionalspacefor studentorganizations. As Iwillbe grcduatmgintheSprmg,lhavenor«rsonalagendatouseSßAasapoliticaltool. Itismerely an experience in leadership and anopportunity to continueserving myfellow students,as I have in many ways throughoutmy legal education. The allegations filed against me on October 25,1993 have been reviewed by a committee ofsix students on the SBA Board ofDirectors. Although lam appreciative of iheirtimeand effort, I feel there remains several discrepancies regarding the manner in which the investigation was conducted and the conclusions that were made. I am also disappointed witiithe manner in which selected documentation was distributedwhen equally relevant events and documentation were not handled in a similar manner. Even though I retain my concerns, I encourage you to review the report ofthe committee. You will find, as I stated in previous correspondence, that many ofthe allegations were, in fact, unsubstantiated and reflect no wrongdoing onmy part. I do, however, feel that uponreflection the matter ofphone use mayhave been badjudgement as themattercould havebeenhandled differently. Myactions couldhavebeenmoreclearly defined soas to beviewed in alightconsistent withmy genuine intentandundisputed actions to be responsible formyfinancial obligations. I apologize to you,myfellow classmates, for any harm which may have occurred due to my actions. I maintain my commitment to make apply my talents and abilities to make our experience atU.8.1 aw anenjoyableandmemorableoue ItLsniyhopethatSßAwillretum to addressing it true purpose **" to promote and protect therights and interests ofthe law studentsof theUniversity atBuffalo School ofLaw." Sincerely, Saultan H. Baptiste SBA President P.S. Good luck on final exams!!! This is the message we send to the greater community and to the elected representative involved if we do not speak out collectively and saythisactivity pernicious to the public goodis unacceptable. Onethinks of the attitudes of elected public officials involved in the House banking scandal the perception thattheposition and titleofelected officials somehow allows them to flout the trust delegated to them by those who elected them, that they could use the peoples' resources in the manner they saw fit, indeed, in ways contrary to the public will. Anotherresponseby students who choose not to signthese petitions for accountability reflects a deep cynicism concerning politics. While the political culture overthe last fourteen years has given rise to this negative connotation of politics as a self-interested, unprincipled pursuit, politics, in the original and best sense oftheterm, politics is thatwhich is' 'ofthe citizens,'' and inthe public interest. Even on a schoollevel, the political process is responsible for sustaining student organizations and actualizing student ideas,allowing students to collectively express and act on whatis important to them, and giving students - /sj&\ I — An Open Letter to Marc Panepinto and Paul Beyer I - (~X ward a. passing score on\ X a/ ) I*.k A j the Bar Exam;a job at a big I i law firm with a starting r\l» f# / W® \ salary Of % 80,000; r wan* to \ VsA ■j m*v<e pa*fcnerMn si* norths,) VV"* 7 t'* [and X wa*t Weekends oPf. 7 s . ' - ' ' The events ofdiepast several weekshavebeen very divisiveandchallenging for all involved. Unfortunately, theseactivities have only served to weakenandtarnish theimage ofUB. Law as a respected institution. In addition, although SBA hasmade gainsduring this semester, I feel there is no question that our energies could have been better directed towardsgreaterachievements in SBA or at leastspending more time studying and preparing forexams. In this openletter, I wish to express my sincerestwish to mend both ourprofessfcmal and personal relationships. All I ask is your willingness to do the same. As elected representatives, I feel itis our obligation to bringan endto thisconfusion and onceagain worktogether towards unifying the SBA. As fellow law studentsand future attorneys, I behevewe owe each otherat least a chance to repair any personal grievancesthatmay exist. I know the road to healing will berocky, but I am willing to make the first step on that road. Ihopeyouarewillingtojoinme. Sincerely, Saultan Correction: In the Nov. 2 issue ofthe Opinion, we incorrectlyreported thatSaultan Baptiste made a motion that would have denied students theirright to befully informed. Baptiste, being chairperson,made no suchmotion. Apology: The Opinion wasunable to print everyletter itreceived for this issue. Theremainder ofthe letters will beprinted, hopefully, in the nextissue. Sorry for this inconvenience. December 7,1993 The Opinion 5 �SBA Committee Submits Findings, ruaryandMarchl993. scope of his authority and thus unconstituInMid-March, then SBA President Bill tional. TheCommitteefound thatthe policyof Trezevant confronted Baptisteaboutthe calls. freezing funds was never implemented and Baptiste admitted that the calls were his and therefore no illegal or unconstitutional acts informed Trezevant thatheintended to pay the were carried out. Furthermore,the Committee bills. Baptiste calculated that his personal found that the groups were afforded ample to a total of$1,795.23. to n May 4,1993, three days after offinoticeand opportunity avoid the sanctions. jcoming President of SBA, Baptiste The Committee didconclude, however, that theBoard should be consulted and should transferred $2428.63 from SBA totalapproapproveany actsofthis nature. Theyfound that priation budget to the SBA budgetline desigthePresidentdidnotseek approval and despite nated fortelephoneexpensesOnMay24, 1993, the fact that no harm completed occurred (since aperwork "Istrongly standby theprocess the Panepinto ignored transferring this theorderto freeze the Committee used to investigate....I amount to the guarantee thattheentire Committee Law funds) the potential School for sertelephone forharmwaspresent was 100percent objective...." vice between The Committee Committee Chair Ben Dwyer found the President's October 1992 attempt to impleand March m mentthe policy was a violation ofthe ConstiAundraNewell, Assistant Deanfor StuThefourthcharge addressed bytheCodentAffairs, told the Committee thatshewas mmittee was that Baptiste failed to inform the notified ofthe phone situation in aconfidential SBA board members about the existence of memo written by Trezevant in late April or surplus fundswhich existed.The Committee early May. She met withBaptiste, whoadmitfound that the funds, which were collected had made thecallsand thatthecalls for with SBA money. He told n the prudentadministrationsof paid during fiscally the two priorPresidents, were always on the that he intended to pay for the calls books andany individual who wished to view with money which heearned during the sumthe SBA financialrecords could see them. mer. OnJuly 7,1993, Baptiste mailedacheck Additionally, the Committeefound that to Sub Board I for $ 1,797 with a letter stating theexistence oftheunallocatedreserve (money that the payment was a reimbursement for which has not been designated for any set personal calls and that die amount was to be purpose), wasknown to Baptiste, Panepinto applied towards the SBA telephone line. and vice-President Paul Beyer. Despite this Committeerejected Baptiste's conn thathereasonably believed thatthere knowledge, the Committee found that group leaders who came to SBA atitsannual budget policy which allowed him to make meeting forrequests for funding weremade to personal callsand to reimburse themata later think thatmoney wasextremelytightSaultan's date. They pointedto evidencewhich showed rationale, according to the CommitteeReport, that there was no reasonable way in which was tiiathewantedtostopapossible" run on Baptiste could have held sucha belief. Addidie budget and thathis intention was always tionally, the Committee found that most stuto inform the studentbody. dentorganizationsdo not have long-distance members the Executive All three capabilities on theirphonesand generally use of Board agree that Baptiste intended to reveal the SBA phonewhichcontains awarning stiputhe existence ofthe money at the Oct. 4 meetlating "NOPERSONALCALLS". ing, but was unable to because of time conTheCommittee concluded therewas straints. At thefollowing meeting on Oct. 11, no specifically delineated Administration or the entire evening was spent on the selection SBA policy that would have allowed Saultan of studentrepresentatives to the various stutorun up apersonal long distance phone billon dent-faculty committees. At the next SBA a school phone and reimburse for those calls meeting on Oct. 25, Panepinto issued his later, andany beliefby Saultan to the contrary allegations. wouldhave been then—andis now—unreasonTheCommittee's finding wasthat what- able." ever blame should be allocated, it shouldbe The Committee found thatthereare no guidelines either in the SBA rules or in the shared between all threemembers ofthe Executive Board who wereallaware ofthe existSUNY guidelines which prohibit the temporary use ofstudentfunds forpersonal expendience ofthe unallocatedreserve. The Committee also found Panepinto's allegation that The Committeefound, however, that Baptiste intended to keep the reserve "hidBaptiste "violated the duty to refrain from den '' was unfounded, considering Baptiste's engaging inconduct thathaseven the appearexpressed intent to Panepinto that he was ance ofbeing improper.'' planning to reveal thereserve. Following the presentation of the mmittee' sfinding, /yer opened the 'Thefact is what Ipresented was in addressed by line floor to questions. in my role as Treasurer and I felt After debate among was the most these were improper, unconstitutional, theSBA board memserious and the irresponsible actions on thepart ofthe bers regarding speone which elic- President And it wasn 'tto impeach his questions,Bapte began his comwas to character, it used establish what Counted t; — — fn. Etie . PThe : t ures. ' Kic pattern ofconduct" Ithought —SBA TreasurerMarc Panepinto Kttee The! mittee. facts, according ——^— to the Committee, were that Baptiste made personal long-distance phone calls from the Phi Alpha Delta Office during the time he served as President ofthat organization. Because the office was at one time a faculty office, the bills were forwarded to the SBA Office from die Law School Administrative Office, instead of being directly sent to die SBA Office. On March 16,1993,dieAdministration sent an invoice for $1222.30 for calls from October 1992 dirough January 1993. OnApril 16,1993, the Administration sentan invoicefor $1206.33 fortelephonecallsmadeduringFeb6 ments concerning the was a from the Com- The Opinion Report. •uringhislO—^—^—— minute response, Baptiste statedthat whathesaid in the Oct. 2 5 meeting is exactly, to a certain degree, what, thereport shows; thatthere were misrepresentations and lies contained in the Treasurer's Report. Baptiste said, "Allegations contained in the report (the Treasurer's Report) were false. The intentions ofthe Vice-Presidentand Treasurer were not to informthe board to the true facts because in fact there were falsities Me".'' I stand here as a person thathas been accused ofcertain allegations. A Committee hasgoneback andreviewed these allegations. December 7,1993 continuedfrom page 1 If you want to say, well, it says here that you may have donesomething wrong that's your prerogative. is just as important is the fact that there are allegations here thatare false andthe intention oftheseallegations was not to inform. They were here to impeach the credibility ofthe President, impeachme personally becauseof personal intentand political motivation.'' Baptiste Alleges Money Mismanagement Baptiste continued thathebelieved that theofficeofthe Treasurer had beenderelict in his duties.As evidence, hedistributeda package which hesaid contained proofoftheproblems existing in the SBA Treasury. ''I havehad to go through and evaluate exactly whatthe situation is with our organi- fn whichis whyI haveprepared thereport ;ht," Baptiste said. ''This nota situation wherelamtry ing to getback at Marc [Panepinto]. This is not a situation where I am try ing toretaliate. These mischaractenzed thelastfive weeksthat these were charges also against him [Baptiste]. I think what's been lost is thatI sawallofthese things in thelightofapattern ofconduct and I mayhave done a poorjob in my presentation. "Even though theCommitteehas stated didn'thave any particular problems they that with those issues, I just felt they were examples thatgo to greater improprietieswhich werethephone lines and thefreezing offunds. "The fact is what I presentedwas inline my role as Treasurerand I felt these were in improper, unconstitutional, irresponsible actionsonthe partofthe President. Anditwasn't to impeach his character, it wasused to establish whatI thought wasa pattern ofconduct." The Second Meeting At the meeting that evening (Nov. 30), Baptisteannouncedhewouldbeunableto stay due to a family situation. After answering questions from Board membersand students for approximately 20 minutes, he departed. Following his departure, the SBA board are serious problems.'' discussed the findings oftheCommittee and "This money is dwindling away because ithas not been managed, and it stillhas any possible sanctions.Becauseoftheabsence not been managed and it is still out ofcontrol ofanumberofmembers, quorum (15 members) which is why I have submitted thereport tiiat was unavailableand thus any possible vote on Ihave. TheTreasurerof thisbody isrequired by sanctions couldn't be held. Despite this, the the constitution ofthe SBA to givea monUily Board members present decided to continue reportofthestatusoftheorganization. Hehas withthe discussion. Fourpossiblesanctionswerediscussed: faded to do that." At the end of Baptiste's response, the a vote to do nothing, a vote to issuea verbal meeting was adjournedwithout the boardhav- reprimand, a vote to strip Baptiste ofhis fiduing theopportunity to discussthereport further ciary dutiesmaking him unable to sign encumand any possible sanctions which might be brances, andavoteof"no confidence" which have the equivalence of a suggestion leviedagainst Baptiste. Atthebehestofßeyer, he step downas president. itwasannounced thatthere wouldbea meeting Afterconsidering the issue for approxithe nextday, Tuesday, Nov. 30. Speaking on the morning ofNov. 30, mately one hour, it was decided that a straw vote would be taken. The four possible sancPanepintocommented ontheallegations leveled against him by Baptiste: tions werepresented and each ofthe 12 memis a staged attempt to deflect allowed to voteoneach. Each nber was from to votemore thanonce. pointing finger permitted himby ism away the None ofthe 12members votedto say/do at me for inaccuracies that I performed inmy job," Panepinto said. "I will stand on my hing, six voted to issue a verbalreprimand, record. I went through the record last night htvoted to issueavoteof "noconfidence (Nov. 29)and the things thathe points out in and 10voted to strip Baptiste ofhisfiduciary there [Saultan's re- __^______^_ duties. Because there port] are no more wasnoquorum,thevote is clearly a defamation ofmy thanadministrative "This carries no weight,butit character.... Three ofthe normalcies that didrepresent theviews take place in the allegations that were there were ofthe SBAboard. courseofdoingbusi- clearly wrong and no one is saying Contrary to the ness each week. beliefheldby many stuthat thepeople whoraised the "Everyorgathe SBA board dents, allegations did anything wrong." nization has the has no authority to imSBA President Saultan Baptiste peach Baptiste. That sameproblems. We don'tsubmitperfect can only be accomforms, or perfect encumbrances or REPs. We plished by the studentbody according to SBA wouldlike to. The fact is thatlamnotaperfect Vice-President PaulBeyer. individual and ifl make aten cent orone dollar •"We cannot impeach him,"Beyer said. miscalculation with a calculator, itgoes over ' 'The studentbody through areferendum and to Sub Board and they check it over there and petitionprocedurecanbeginarecall process to theysend it back to me if there'saproblem. It's impeach him as president. Once again, that the normaladministrative back and forth' that must come from the student body and their takes place between ouraccounting firm and interpretation ofthe facts.'' SBA which he [Baptiste] is pointing out in Article VIII, Section 2 ofthe SBA Conthere. Those things thathe has pointed out in stitution saysa petition containing the signathere havehappened in every single SBAad- tures of50 percentofregular members ofthe ministrationand every single organization on student body who voted in the last regular this campus. election is necessary to hold an election to "Thekinds of things he points out in decide whether to recall an official. Thepresithere happen in all organizations and are not dent of the SBA, upon determining the irregular. They occur in the normal transacpetition(s) to be in goodorder, shall conduct an tionsofbusiness [and] are not representative of election whether to recall the official. If the apatternofconduct I wouldhave no problem recall ofthe President ofthe SBA is initiated, with anybody investigating the charges thatlie dierecall duties of diat office shall be per(Baptiste) made." formed byan independent, regularmemberof Panepinto also commented on diefindtheSBA designatedby theBoard o fDirectors. ings ofthe Committee saying, "I think the Ifthe president isrecalled, die SBA constituCommittee Report basically found that the tion stipulates thatthe vice-president would things diatlpresentedon Oct. 25 wereaccurate ascend to the presidency. Beyer said, however, -that Saultan's conduct was improper in the thatwouldn'tnecessarily occur. spending of phone lines, that his action of "In die event diatI become president requesting that funds befrozen was unconstidueto Saultan's impeachment orresignation, tutional. Those were die crux ofthe charges or I will consult die entire SBA board on the the facts. possibility of holding a special election for ''[The Committee] upheld those things. president,'' Beyer said.' 'Theboard must disThe other actions, the facebook, the class cuss its constitutionality and feasibility." evaluation forms and the non-disclosure of Baptiste said, however, thathe hadseriunallocated reserve. I think it's been ousmisgivingsaboutanypossiblerecall vote. rid i presentwas k"This - ——————— —— �"Who is going to handle this process?" within the university whichis tax-exemptand Baptistesaid. "Whoisgoingtobeinchargeof because theSBA is not incorporated. Hecited counting the ballots? Who is the objective this as an inaccuracy contained in the report. personand how isthis goingto be handled? You SubBoard I confirmed this point. Baptiste said he had many problems don'tneedsomeone forthatprocess whohasn't mind, but need with the Committee. Among them, was the you [do] made up his or her to Who is inclusion whois be credible. of two individuals who had prior somebody going going to make sure thateverything isfollowed? knowledge oftheallegations before theOct 2 5 Who is going to makesure that those signatures meeting. Hebelievesthat these two people had possible biases and yet were stillallowed to sit are verified? yen no con I g way have fidence the i in onthe Committee. " which this whole thing has been handled that " You try to getpeople who are going to a name that's signed here, it's actually going be credible, people whohaven' t already set a to bea true signature. I don't foresee, nor am I bias in theirminds,"Baptiste said. "You want aware, of how this is going to be handled people thatare willing to look at theevidence there. If you have people who knew ahead of fairly." Baptiste declared that he would not time, facts that were presented by one side, resign his position based on the actions ofthe people makedecisions.'' Dwyer,speakingonDec. 3,defendedhis Board saying,' 'the studentbody elected me. If the students disagree withme being president, handling ofthe situation. He said,'' I strongly ifthestudents vote and feel thatlshould notbe stand by the process the Commttee used to president, then I will step down.'' investigate. While Saultan's raising these concerns is understandable, I guarantee that More Controversy the entire Committee was 100% objective. I Also discussed at the Nov. 30 meeting strongly feel this way.'' wasBaptiste's firing ofan administrative asBaptiste also cited the fact thathe was sistant diatmorning whowashiredforthe SBA unable to confront the allegations made by Office byPanepinto and Beyerto begin work past-SBAPresidentßillTrezevantcontained thepreviousday(Nov.29). in anaddendum to thereport. Prior to the meeting at 6pm, Beyer pro'' Why weren'tthose statements considvided background on dieAdministrative Asered along with the other facts?" Baptiste sistant position. According to him,lastyear's asked.'' Why didn' 11have the opportunity to board of directors created the position. The address those facts the way I addressed other person works in the SBA Office, primarily things?" doing administrative duties, and generallyproBaptiste saidhis understanding was that vides some stability. thechairwouldn'tallowanyoneto be considBeyersaid thatthe personwho washired eredby the Committee unless they were willlast year left on maternity leave and was ing to submitthemselves to beingrecorded and scheduled toreturn in early November. When coming before the committee. He said that she didn'treturn, Panepinto informed Beyer Trezevantneverappeared before the commitand Baptiste thathe was going to hire sometee, was not evaluated by the Committee and body. didnotsubmithimself to being taped. Baptiste According to Beyer, two people were wondered whyhis statement was included. interviewed and the position was given to Ms. Dwyer said that the chargesraised by Robin Buonomo-Leve whenthe othercandiTrezevant were not new, but instead his facts datewithdrewher name from the candidacy. about Baptiste were. Hesaid thatBaptiste had Beyer said thathe signedthe necessarypaperthe opportunity toaddressall the chargeswhen work along withPanepinto. he met with the Committee. Dwyer said that "This is an Executive Board-created Baptiste's and Trezevant's responses were position,''Beyersaid.' 'It's aposition thatwas different as to the same charges, but that discussed for about an hour in a meeting last Baptiste definitely had a chance to address them. Dwyer said thatthe decision to include year,and just because Saultan' s a new president doesn't mean that he can abrogate past Trezevant's interpretation ofthe events was actions by the board. his decision. "Theexecutive board can vote on any ' 'That wasan executive decisiononmy policy issue. At that time,the executiveboard part," Dwyer said. "Therewasno requirment consisted ofMarc, meand Saultan, sohe was that all the conversations be taped. When I outvoted2-l ontheexecutive committee.Once expressed thatthey would be, thatwasjustthe again, thePresident is trying to controlanSBA method I thought we would use.'' matter and sinceitwasnot handled by him,he Baptiste alsoexpressed concern thatthe has takenpersonal offense.'' final report didn't represent the views ofthe According to Panepinto and Beyer, the entire Committee. He felt that since every Administrative Assistant was fired by Bapmemberwasn'tpresentatall interviews, there tiste on No 30. Baptiste, along with newlywas thepossibility thatsome members weren't elected secretary Stephen Lee, signed the aware ofcertain information despite the fact necessary paperwork. Whenconfronted with that all interviews were taped. the charges at the meeting, Baptiste declined "Even thoughyou dohavearecord,and toanswer them, saying thatthe matterwasone people canreview thetapes, I wonder ifpeople which would be discussed atthenextregularly really did," Baptiste said.'' Everyone should scheduled meeting and one which should be have been aware ofall the information. discussed inprivate due to legal concerns. "I know during the times that I met, Panepinto charged that the lack of an there wasno timethat every singlememberof v. administrativeassistant caused the problems whichBaptiste outlined in Baptiste's package saying,''Nothaving an administrative assistant hasled to someofthese discrepancies and some ofthis administrative problems. If we had this person hired, none ofthese problems would exist." Speaking to this reporter on the afternoon ofDec. 2 for one hour,Baptiste discussed the charges, the Committee's findingsand the future of dieSBA. "I'mnotattacking individualpeopleon the committee. There were members on the Committee diat spent a lotoftime interviewing people, trying to get information, and so forth. I thought the Committee did thebest job that they could do. Ifyou ask me ifdiey did a great job, though, I have to say no. As I men- tioned inMonday'smeeting, therearealotof inaccuracies in the report.'' Baptiste mentioned the fact that the SBA wasnotasol (c)(3)organization because ofits status asa student organization contained SpecialInvestigative Committee's Recommendations AlthoughtheCommitteewasnotchargedwithrecommendingspeciflcpunishmentsif wrongdoing was to befound, theCommittee wrotea setofreform-typerecommendations, dealingwith severalareasofSßApolicy making thattheCommitteefoundproblematic. These recommendations maybe consideredby theBoard at any time andare asfollows: Problem: Need to ensure accountability overstudent usage ofphones.... Recommendation: TheSBA should determine whetheranyother SBA-sponsored student organizations are presentlyusing' * faculty lines. If so,those telephone linesshouldbe switched to''student lines. Billingwdl thusgo directlythrough the SBAproviding the SBA with greater accountability over student organizations'calls. Problem: Need toincrease accountability overSBA budget over summer.... Recommendation: The SBA should form a Summer Finance Gommittee of six Class Directors, whose approval isrequired forany summer expenditures over a fixed amount, say$50.T0 thisendthe Committeeproposes the following amendment to the SBA Constitution: The following shouldbe added to Art.rVJl oftheConstitution: "C. TheBoard shall, prior to adjournment for summer recess, appoint three 1L ClassDirectors and three 2L Class Directors to serve as theSummerFinance Committee. All expenditures exceeding $50 madeafterthefinalBoard ofDirectors meetingofthat academicyearand before the first Board ofDirectorsmeeting ofthe followingacademicyear shall require thewritten approval ofatleastfive ofthemembersofthe Summer Finance Committee." Problem:Need to increase accountability over Executive Boardpolicy making inthe summer months.... Recommendation: To thisend, the Committeerecommendsthatthe Board ofDirectors consider taking steps to amend the SBAconstitution in the following way: Add thefoil owing clause to Article IV, § 2, each ofsubsections (A),(B),(C) and(D):"... At thefirst meeting ofthenewßoard ofDirectors, delivera full and detailed report ofall policy actions taken orconsidered since thelastBoard ofDirectors meeting.'' . Problem:Lackofclarity about theprecise state ofthe budget atany given time. Recommendation: The Committee recommends thata "Stateofthe Budget" presentation be institutionalizedandregularized. To this end, theCommitteeurges theßoard of Directors to consider taking stepsto amendtheSBA constitution inthe followingway: Add the following clause to Article IV, §(D):" () Present a State ofthe Budget report, in collaboration with a representative ofSub Board I, atthe firstmeetingpossible ofthe Board ofDirectors each semester; present aState ofthe Budget report at thefirst meeting oftheBoard ofDirectors in November and March; suchreports shouldestimate, as close aspossible, the amounts offunds currently unallocated, incoming in theformof expected revenue and outgoing in theform of outstanding encumbrances.'' Problem: Lackofstructuredpolicyofraisingandinvestigatingallegationsofmisconduct by members ofthe Executive BoardandBoardofDirectors. Recommendation: The Board ofDirectors shouldensure that 1)rumors ofwrongdoing are discussed as soonas possible and 2) in order to ensurethatfalserumors are not made public prematurely, theßoard initially considerall suchrumors in executive session. Problem: The manner the allegations were broughtforward(the question of constitutionality)... Recommendation: TheBoard of Directors shouldconsider amending theconstitution or by-laws to provide for a more orderlycomplaint process. determination. He maintained thatthere was noeffortonhispartto hideanything and there was no improper behavior. Baptiste saidthatboth theformerPresidentofthe SBA (Trezevant) and Dean Newell knew about the telephone calls and therefore there was no appearance of attempting to escapefrom paying the bills.He contends that his intent was always to pay the bills and his behavior inthis regard, along withthefactthat others wereaware ofthebdls existence, show that he did not engage in the appearance of improperconduct is continuing. I mean we're talking about an aggressive assault on my character. And it's notbeingdone by oneperson.lt'sclearly being doneby a group of people. I thinkwho those people are is obvious from observing from what's going on and howit'sbeenhandled.'' Baptistereflected on the past six weeks saying," theoneapology I have is that students and innocent people are being involved in what's going on. I am in an office which has politics, butmyreasons for being in this office and my reasons for working thereare for the interests ofthe students and for representing theirinterestsand trying to provide servicesfor Baptiste Responds To Allegations the Committee was there, and I wonder if Baptiste insisted that there were other everybody ontheCommittee actually reviewed political motivations at work. the tapes and knew all die facts before this "I think in general, there are a lot of determination came down. The front of the dynamics whichare involved,'' Baptiste said. paper says that there are six people on this "Personalitieswhich are being involved.To committee. Buthow involvedwas each one of raise these allegations is consistent with the apparent motives. I don'tknow all of thenthese six people?" them. "Andlthinkthere'sarecorcLeveninthe short time I've been there,thatI've done that. Dealing with these types of things are not consistent. It only hurts the studentbody, the imageoftheBoard and oftheschooland it's not unifying." Baptiste said thathe believed thatcould motives. I can onlylook and see whatthey' re work with the current Executive Board in the Dwyerresponded saying, "everymemnext semester. He said, however, thatitmight ber standsby the report. While every member doing. "This is clearly a defamation ofmy not be possible ifcertain changes don't occur. wasn'tnecessarily at every meeting, no Com"Ifthey're interested inreally helping mittee member disagreed with the final ver- character, as I said in the meeting on Monday. Three ofthe allegations that were there were students in this school, and assisting them in sion ofthe report. ''I can say that every Committee mem- clearly wrong and no one is saying diat die providing vital services for students or for die beragrees orconcurs witii thefindings ofdie people who raised theallegations did anytiiing community,they would stop what they 're doing. If they have those interests in mind, they wrong. Report and stands by die findings ofthe Report,' ' Dwyer continued.' Tfany Committee ' 'But thedamage liasalready been done. will stop that and we will be able to work memberwanted to, they could listen to it on It's beencirculated throughout not oidy in the together. But if their interests are self-intertape and find out what they missed instead of Law School, or die University, orthe Buffalo ests, they won't stop, tiiey'll continue and it will only get worse.'' relying on those whoattended the interview. I, legal commiuiity, oreven theBuffalo commuDwyer said that individuals whowish a DaveNemeroffandDavid Lynch were atevery nity atlarge, butfurther. I have people calling from states of other who know about diis tiling, copy dieCommittee's Report can leave him interview." amessage in Box 67. With respect to the findings ofthecomsaying 'Saultan, what'sgoingon?"' the "In this particular situation, damage mittee, Baptiste said he disagreed with their December 7,1993 The Opinion 7 �The Roaming Photographer byDanHarris, j, Photo Editor ThisWeek's Question: "WhatWouldYou Do If You Couldn't Practice Law?" Students 'Response: Chuck Greenberg, 3L "RunforPresidentof..." Joe Khanna, Helen Punders, 3L "Ideally, I'd open a vegetarian restaurant Realistically.rdbecomeasocialworker." 2L BobSisson, 3L "Dowhatlalwayswantedtodo.... (The list is too long.)" "Iprobably wouldteachcollege since I'll havemy PhDin Communications. But my first love is Law. John Henry Schlegel Faculty'sResponse: Judy Scales-Trent Stephanie Phillips Wade Newhouse "I'd become independendy wealthy and lie in the sun andread books all day." "I'd become more of an international business personso I could stillutilizemylegal skills. IfI were younger, I'd go to medical school." Tmtoooldamantoaskthat. I'mjustan old fart in a rockin' chair in a corner." "I would become afinancial officer in a major international construction firm." WhatWouldou Do If You Stopped Practicing Law? byDanHarris,.Photo Editor A month ago some friends and I were discussing what we would do if we stopped practicing law. Due to the current recession, toetopic israttierfrightening, as many ofusare concerned with what we will do if we can't practice law. Most people whenasked try to giveahumorousresponse, butl think it'samore serioustopic. Iremember myreasons forgoingto law school. Since I was ateenager I hadconsidered die legalprofession onandoff.At firstI wanted to be a police officer; but I wasn't physically fit (myhometown ofNewHaven, Connecticut, islikeajuniorversionofNew YorkCity). Ihad also takena crack at psychology; but college hadproven it wasn't forme. I did two college internships in journalism,where I learned that writing foraschool newspaper is very different from writing for adaily newspaper. I applied fora few jobs involving counseling, but was politely toldthat I lacked the experience and/ orthe temperament So I found myselfwith a BachelorofArtsandno place logo. Finallymy college career placement officer suggested I go to law school. Law school seemed like the perfect idea. I enjoyed research and writing. I like talking with people. Law cases are fascinat8 ing. On TV the good guys usually win. Most importandy, I was toldthat there wasno such thing as an unemployed lawyer. It seemed perfect. time. Theharshnessofthe profession doesn't justextend to coldness withtheclients. It's the time. I'vebeen tolddiat most serious attorneys are married to the profession first, their families second. One highly successful attorney told me that his marriageended due to the time he put into the practice. Despite that, hecan't cut down. Iknow another attorney whochain smokes and drinksall the time. Hisskin is gray, insomethingwhere shecan talk topeople. On the whole, she wants to have alife outside of the law. Despite all the negative about the law, most ofthe people asked are happy about the Here I am threeyears later, wondering profession. Totakethebroaderpicturethere's probablyas muchjob dissatisfaction withmost howperfect itrealry is. Thehours are long. The workload is overwhelming. Nomatter how other careers. Psychologistsareknowntobum out afteryearsofhearing aboutpeople's mismuchyouprepare,you'reneverpreparedenough. eries. I don'tknow a careerpharmacist who It'sall too political and manipulative. It'sless and he has a terrible cough. He explains that wouldrecommendthe profession to theirworst aboutrightvs. wrong, andmoreaboutprocedureand argument. Worst ofall, there's the he needs to drinkand smoke to relieve the stress enemy. One of my friends completed his bleak jobmarket. A fewyears ago the rumor ofthejob. Whenlaskedhimwhathe'ddoifhe Master's Degree in Education last summer. was that once you had a law degree you were couldn't practice law anymore, he said he'd Hehad been workingasateacher in an elemenset. Now therumor is thatthere are members commit suicide. Despite such love ofthelaw, tary school for about ayear. A few weeks ago oftheclass of 1992who stillhaven't found a he doesn't seem likeahappy person. Is becomhe quit. Thestress ofthejobwas somuch that at job. ing the bestattorney in the city worth sacrificthe young age oftwenty-five he was getting Even after wefinally grabthe brassring ing yourhealthand your family? Ifso.l'llsettle for secondbest. and find that first job, the profession doesn't chest pains. off are at seem so pleasant In fact, itcomes as very There several students UB Law On the whole there are stresses everycold. Atone interviewfora summerinternship whoareso disenchanted withthe law thatthey office, it. I wasasked what I don't intend to practice One intends to where. It's all a matter offinding where the in a prosecutor's would like to change about the system. I become an archivist. Kathy Korbuly, The pleasures outnumberthe stresses. Onthis note, OPINION'SArtDirector,is thoroughly disen- an apocryphal story istold abouta student who explained that I' d like to takefive extra minutes to explain to each complainant what is chanted withthelaw. She dislikes theendless graduated from Harvard undergrad. Hiscareer happening with her/his caseand why. The hours ofresearch and cross-referencing, writ- goal was to coach sports. Hisparents made him interviewer then complained about all the ingmemos, and practicing motions. She hates go to law school. After one semester he extra time that would take. To me, it's not theadversarial nature and pecking orderwithin dropped outso hecould pursuehis dream.That extra time, explaining to the client orvictim thelaw firm. She doesn'tlike diesolitudeofit man wasMary Levy, Head Coach oftheBufwhat is happening and why, it is necessary all, ortheking hours. She'drather beinvolved falo Bills. In light of their recent record, perhaps he shouldhave stayed in law school. Tin Qpinton December 7,1993 �Russia's Economy Is Struggling, Professor Says \ byM. BridgetCawley.iContributor Society, along withtheInternational Busi- dienceofabout4opeople,Professor Livshits describedhowthe transition in die economy isaffecting the social situation, industrial production and investment in Russia. ProfessorLivshits described thecurrentsocial situation as' 'very complicated becauseoftherateofinflationas wellas the reduction ofpersonal savings. Hethenched die consumer spending structure as a major concern, especially whencompared with American indicators. Professor Livshits used expenditures on food as an example, with Americans spending only 14%oftheir incomewhile Russiansspend47% oftheir incomeonfbod. "We are afraid we will obtain a society with only the richest and only the poorest" —Professor AlexanderLivshits myriad foreign systems. many jobs experiencing machinery, ing ply subsequentbenefitstoindustrieswhichsupproblemofpaymentsthatßussians ing, lackofbankniptcy gap growing facing great Russia, parts being sufferedduring pointing FrofessorUvshitspomtedoutthatthis payments, Overall, dirough According banking especially dependence right challenges although discussing addition, higher truly economy. obligation reform, major example, growth system. despite important technology. regulations.which presented time, refrigerators potential carry people rapid foreign having problems ground shortcomings, ing by otdy taking companies adetailedpicmessage equipmentas forsharp meeting very products. barely capital poverty money problems Livshits, industry compliby during facing by by of Russia Communisthard-liners. clear cult make the Professor ture well to failure form tion. are this Livshits well substantial dissatisfaction described has Russia's vived Russia cated difficult that the economic a a bank. transition machines as ofßussia's task. would market another as lack isn't as that efforts concern In ofthe In Russia had' Professor of assistance its for for said For of the number Livshits Yeltsin how affected. bean distribution 'crossed such suchmachines. conimitment now Americans recent and investment at that to is reliance for economic chfferentsectors and I*rofessor this the reflected the several obvious Livshitsalso as stem that this in of is the to of he Professor unrest. on revolt the social series serious therubicon" One as Russia increased maintained is Professor has from on industrial of transition in differences to for evidenced Professor that The One He old income Livshits to in Russia sector transformation concern of understand A a because the ofhousehold about statistics. said outthisdiffiis Livshits discussed sectorwhich lectures sensed of in and Professor forsocial there which that hasbeen distribuin need Livshits that are viewed his second in washterms ofthe leads was that it facsaid surand our is the redie die of die in as to is in is a Professor Livshitsalso discussed the great concern forthe increased poverty in Russia, although he maintained that the growingnumber ofpeople taking second jobs isn'ttruly reflected by statistics. In addition, Professor Livshits said that another major social concern during the transition is thepotential forsharp and substantial distribution ofincome distribution ProfessorLivshitspointedoutfhatthis gapwould beanobvious ground forsocial dissatisfaction and unrest. In discussing theindustrialproblems facing Russia at thistime,ProfessorLivshits describedhow differentsectors ofindustry are being affected. One sector which is experiencing growth is that ofhousehold machinery, such as refrigerators and washing machines I*rofessor Livshits viewed this as especially importantbecause ofthe subsequent benefits toindustries whichsupplyparts forsuchmachines. Asectorwhich has sufferedduring the transitionhasbeen Russia's higher technology. Professor Livshits said that this has only barely survivedthroughreliance on old equipmentas wellas dependenceon foreignproducts. According to Professor Livshits, many ofthe investment problems facing Russiarightnowstemfromavery complicated banking system. He said that it is difficult for Americans to understand the pro blemofpayments thatRussians are facing, pointing to several differences in our systems. For example, in Russia there is a lackofbankruptcyregulations, which leads to a lack of obligation for companies to make payments, despitehaving money in the bank. Overall, the series of lectures by Professor Livshits presented adetailedpicture ofßussia'seconomic shortcomings,as well as its conunitment to meeting the myriadchallengesofrapid transformation to a market economy. One sensed that Russiahad "crossed therubicon" in terms of economic reform, as evidenced by the failure of therecent revolt in the capital by Communisthard-liners. Themessage was clear that Yeltsin is serious about his reform efforts and thatRussia is in need of foreign assistancemcanymgoutthisdifficult task. ...Friend, continuedfrompage 1 plant, itshotdownher confidence, but notfor long. She talked about the transplant as though she were going to have a hangnail removed. This problem, like all her previous illnesses, would only keep her out oflaw schoolfor a semester,at most Michelle was determined to graduatein 1995,withthe rest ofherclass. She was socertain thatthis wasjusta temporary set-back, thatweand herfamily were also convinced that she would beat this. Herpositive attitude had beenthe decisive factor in the pastwheneverherdoctors believed she wouldn't make it Her positive attitude was reflected in her determination to continue school. Her schoolworkwasvery importantto her—itgave her something to concentrate onbesides her declininghealth. Though shetookan extension for her exams, she ended up taking all ofthem. While she was in the hospital, she wouldmake sure allofher textbooks were withinreach. Some people at UB told Michelle that she wastoo sick to be in school. Theydidnot » ..Abrams, continuedfrom page 1 matching fund threshold levels. Currendy, individual contributions are limited to as muchass37,oooperelectionandslso,ooo peryear. Abrams feelsthatby having strongercontrols,' 'there will bea level playing field... and thismay encouragemore people to be involvedand wdling to run.'' His secondproposal is to implement more modern voterregistration proceedings. Currendy, inorderto voteinNew York State, a citizen mustregister withtheBoard ofElections no less than 25 daysbeforean election. Abrams suggests having "ElectionDay Registration" for voters. Abrams statedthatmany voters don'treally become actively involved in an election untila few days before the election, as more information isdistributed to them. Referring to three states which currendy have Election Day registration (Maine, Minnesota and Wisconsin), Abrams citedthatthose states have between 69-72% voterparticipation intheir elections. HewasconfidentthatNew York voters would benefitfrom such a system. Abrams' third proposal is for New York State to remove technical election rules which limit candidate access to die ballot. Henotedthatso%oftheelectionlaw litigation in the United States is filed in New YorkState and that candidates spend a lot oftime in court fighting challenges to their petitions. By having less technical procedures, Abrams claimed the election process would be' 'more inviting, and talented and qualified citizens may be more willingto consider public service.'' Abrams concluded his brieflecture byreaffirming his hope that as future lawyers, U.B. Law students will carry the torchto "bring about a time and era ofreform." Whileaddressing questionsfromhis audience, Abrams commentedthatthepublic outcry for term limitations on elected officialsis a' 'misguided idea.. .which isa reaction to the frustration of the general pub lie.'' He feels that thereare currendy term limits in place because citizens have a right to review their choice every three years. Abrams feels that term limits also constrict the pub herightto reelect someone whom they may feel is doing a good job in representing their interests. Referring to New YorkCity's recentvote to limitelected officials to two terms of office, Abrams stated that voters just wanted to get even withpoliticiansand felt a message needed to be sent. He sees the answer to their frustration in creating morea levelplay ing field which can be developed through the implementation ofhisproposals. Upon his departure from public office, Abrams will be a partner in the New York City law firm of Strook, Strook & Lavan. When asked if he would consider returrungtopubhcoffice,Abramssaid family obligations would probable deterhim; however, he said he washappy that he was able to serve for somany years. understand whatbeing in law schoolmeant to her. Despite the oddsofgoing through intense chemotherapy,radiation, and abone marrow transplant, she graduatedfrom Hamilton College. Thettinsteadofstayingathomemoping about how unfairlife wastoher.shewentto law school. As iftwo semesters was not enough to handle, she took two summer classes andreceived an "H" in both ofthem. She worked very hard to be where she wasand weare all proud ofher. Instead ofstarting an argument with those who told her to quit school, she would just smile and say she really loves school. Schoolwassomethingshe hadcontrol over, sinceshe hadno control overherhealth. Michelle is an inspiration to us. We think wehave somany problemsand ourlife is sohard. YetMichellewassufferingphysically and mentally, and still got out of bed every morning to start another day. She greeted everyone she met witha smile and acted as if shehad no problems. Michelle'sfirstthoughts wereofeveryone else but herself. A classic example ofthis ishow the threeofusbecame friends. Weowe our friendship to her. Before shebecame very sick, she wouldmakesure we gottogether once aweekfordinner. Thenwewouldplaygames forhours wluleeating whatever we had taken turns cooking. Every timewe would wash the dishes and clean the house, she would tell us to sit downand notfuss overher. She always worriedthat she was imposing onusand was hesitant to askus to help her. No matter how many times we would tell her that we were always thereforherandloved to help her,she would stillmake uspromise herthat we would tell her when we had enough and she was imposing on us. She wasalways therefor us and helped us in any way shecould. Anything wecould do to helpher was the least wecould do. How does one describe a person who Michelle Obleman was a wonderful person who taught us many things-courage, determination,and, mostofall, howto love and carefor others. Shewillhveforeverinourthoughtsand in our hearts. Goodbye to Michelle for now, until we meet again. I fanyone wouldlike tohelp herfamily, donationscan be sent directly to Michelle's mother: CherylObleman, Box 368,Vernon, NY 13476. meant so much but expectedso little? CareerAlternatives bySteve Balet.i Contributor It's late in the first semester ofyour thirdyearoflawschoolandyoudon'thavea lob nailed downyet. The worry and depression have already set in and youranger at the University is growing. The jobmarket for attorneys appears to be ever-shrinking, and many ofyou are disappointed at the recent offerings, orlack thereof, fromCDO. Maybe it's time to look atnon-legal job opportunities, but Job Book#6 at CDOdoesn'tgiveus much guidance. WelL thankfully, CDO has finally put together a series ofinformative packets which can help us. These thought- fullyput-togetherpamphlets exploreandanalyze both traditional and non-traditional employmentopportunities. Thesefive pamphlets are available at the CDO now, titles listed below: 1)"TheFood Industry andYou" 2) "Hey! ICanTeach...andlt'sEasy!" 3) "TurnLiving With YourParents Into A Full-Tune Job'* 4)"CanYouSayL.L.M.?" 5) "YouSay You'reUnemployed... I Say You'reaCandidate' * (' 'Running forOffice-The Clinton Guide") / sis TEXAS INSTRUMENTS Business Calculator SONY Cassette Player $19.95 .£ * *g> $19.95 J&L9L IE §§£ h | jmjfiL ■<_> Apple • Dell • IBM • Insight Panasonic Sony $£ Software * Supplies Accessories Hands-On Workshops • Open Weekdays 9:3oam to 918 • spm / Wed. W & Thurs until 7pm m EEM HBiaBI A non-profit University program for students, faculty & staff The Commons • North Campus • (716) 645-3554 • Fax: 645-3884 December 7,1993 The Opinion 9 �he Practice Of Defensible Medicine ambiguous sign offetal distressmaybe criticized, but it must day, physicians are buffeted by the changing winds ofnew be understood that from theirperspective there are practical scientific information. They are constantly trying to decide considerations that make such decisions arational choice. It when is it"safe" togiveup last month'smedicalprocedureand is a particularly fitting example since obstetricalclaims are the substitute the latest discovery. Contrary to public opinion, medicine is an imprecise successful subsequent malpractice defenses as they are de- most successful ofall claims involving surgical procedures. signed to address the clinical needs ofthepatient Rightly or The vulnerability ofobstetriciansto claims ofmedical negli- science. Furthermore, medical care, particularly in hospitals genceand the corresponding increases in the costofmalprac- andnursing homes issocomplex aprocess that patients are, on wrongly,physicians feel thattheyare practicing in anenvironmentin whicha bad outcome is de facto evidenceofmedical tice insurance have resulted in a significant decrease in the occasion, treatednegligently. Physicians andotherhealth care pro viderseither deviate from standardpractice orundertake to negligence unless proven otherwise. It givesphysicians reason number ofphysicians willing to practice in that specialty. Defensible medicine is a two-fold problem for most administer proper treatment, but do so incorrectly or inadto carefully and systematically construct a malpractice dephysicians. Considering every patientapotential litigantand equately. Fortunately, humans are incrediblyresilient organfense whilecaring for every patient Unfortunately, the most defensible clinical protocol attempting tocover everyeventuality inthecourseofdiagnosis isms andresist lasting damage. Many less well-informed or doesnotnecessarilyrepresentthebestmedicalcare. Quite the and treatment is only oneconcern. Physicians stillmust cope more tolerant patients accept poor outcomes as simply the withthe indecision in medicinecreated by the rapidadvances inevitable consequences oftheircondition. contrary is often true. Notonlyis excessive testing and interAsaconsequence, itisgenerally agreed thateven in vention expensive, but italso increases the number of false in science and technology. Physiciansknow full wellthatthe positive diagnosesand exposes the patient to increased risks first element ofa malpractice claim is' 'duty to a patient as our allegedly litigious society, onlya small percentage ofthe defined by the standard of care. But, what is "standard actual acts ofmedical negligence everresult in legal claims. ofuntoward sideeffects. Physicians whoresort to a caesarean section at thefirst practice" whenmedicalopinion is so often divided? Day by ...Medicine, continued onpage 11 By Dr. HarryA. Sultz, Contributor In the current climate ofmedical care, physicians approach every patientas a potential litigant. Physicians adopt clinical protocolsdesignedas much for their ability to bolster Activist Says Others Can Learn From Rwandan Movement byPaulßeyer,', Contributor Thehumanrightsmovement in Rwandawasonce again the topic ofa presentation sponsoredby the GraduateGroup on Humanßights lastweek. An earlier lecture featuredan academic member ofthe highly successful International Commission on Human Rights Abuse in Rwanda (See TheOpinion,November22,l993).Thisevent featuredMottique Mujawamaliya, a human rights activist, and focussed on the historical events and grass-roots organizing that paved thewayforthelntemationalCommission and significant human rightsreforms. Ms. Mujawamaliya began hertalk by explaining thatcurrent conditions in her country are direcdy tied to the earlier aristocraticform ofgovernment, dominated by the minority Tutsi tribe, whichexisted inRwanda for much of its history. Under this system, the King had totalitarian control overthepeopleandtheirproperty. Mujawamaliya statedthat, * "This historical background, this highly centralized authoritarian regime, contributed to Rwandans' acceptanceoftyranny." Under Belgiancolonialrule, the control by the Tutsi became particularly oppressive, leading to arevoltofthemajoriryHutu primarily over die control ofland. The lastKing ofRwanda, sympathetic to the Hum's concerns, attempted to enact reforms, but his efforts were thwarted by the extremist Tutsi. Therevoltcuhninatedinthe violent overthrow ofthecolonial government, withmany Tutsifleemgtoreftigeecampsmsxirrounding countries. At independence, a multiparty democracy was established. However,overasix-year period,a single party eliminated all ofthe opposition and the current President,Juvenal Habsyramani, quickly assumed dictatorial control over the country. He then began the systematic corruption ofthe government andinstitutionahzed massacres oftheminority Tutsi. This oppression led to the organization oftheRwandaPatrioticFront(RPF),arebelgmup aimed at fighting the Habsyramani regime. ThePresidentcounteredby imprisoning, torturingandkilling thousandsofTutsi. Inmanycases, government agents arrested 10 The Opinion couples, leaving theirchildren unattended and without sustenance. Ms. Mujawamaliya explainedthat thehumanrightsmovement began in response to these arrests. Many citizens tooktherisk ofassisting those who were being defamed,thusleading to theformation ofvariousinformal organizations, thelargestandmostsuccessfulofwhich beingorganizedby Ms. Mujawamaliya herself. She soon initiated the establishment of a private, international commission to make the world aware ofthe widespreadhumanrightsabuses in Rwanda,particularly thefrequent massacres ofTutsi. The Commission received limited funding from various sources throughout the worldand producedareportdocumentingthe massacres on a budget of only $60,000. Oncefhereportwasmade public, numerous actions were taken by foreign governments in protest against the Habsyramani regime. This international pressureforced Habsyramani to signa The Federalists Debate Labor on NAFTA TheSßAsponsoredaNAFTA debate between theLabor and Empk)ymentLawAssociation(LAELA) and the Federalist Society on Wednesday, November 17th,to coincide withthe vote in Congress on this issue. The event isthe first in a proposed seriesaimed atrestoring a past practice at UB of holding student debates. Thedebate wasmoderatedby DeanThomas Headrick, whoposed questionsrelating to threemajorissueareas: internationaltrade,labor, and the environment. LAELAwas stronglyopposed to die treaty. Marc PanepintoandKevin Collins, members of LAELA, argued that labor Kevin Collins emphatically arguing againstratification ofNAFTA. rights wereclearly absent in the en- Mr. Hueston stated thatpassage of allows law students to dowhatthey tire treaty and that manufacturing the treaty wouldincrease ouroverall dobest,whichistoargue," saidPaul jobswould belost to Mexico where negotiating position in international Beyer, SBA VicePresidentand orgafairwagesand labor standards were tradeand avoid a turn toward isola- nizer ofthe debate. ''I even heard virtuallynon-existent. Joeßelluck, tionism on the part of the United rumors that numerous undecided PresidentofLaw Studentsfor CorpoStates. Mark Urbanski, Presidentof membersofCongresswere hedging rate Accountability, characterized theFederalists, arguedthatfreetrade their votes on the outcome of this thetreaty as another toolforCorpowould serve to increase Mexico's debate." rate America. He said that the treaty ability to addressenvironmentalprobThe debate series is expected shouldreflect theconcernsofpeople lems. In addition, he pointed to the to continue into next semester. Fuand not simply corporate profits. support bynearly everymajor enviture proposed topics will include Michael Hueston and Mark ronmental organization forNAFTA health carereform and whetherornot Urbanski argued in support ofthe to bolster his case. campus security should beallowed treaty. Focussing ontradeand labor, "The student debate series to carry guns. peacetteatywitotoeßPF,granting its leaders government positions. Elections have also been scheduledfornextyearand, most importantly,the massacres havestopped. Ms. Mujawamaliya ended herpresentationwiththe inspiring message thattheRwandanhuman rights movement began on thelocal, grass roots level and was an entirely"home-spun" effort. She is hopeful that the model of her movement can beapplied to other countries suffering similarly oppressive conditions, particularly Burundi The Graduate Group onHumanRights will continue its series ofpresentations on international human rights next semester. Future topics will include therightto health care, indigenousrightsand the environment, and therights of children, among others. The groupisalso asking law schoolorganizationstobeginplanning theirinvolvement in Human Rights Week, scheduled for the Spring semester. ' 'TheGraduate Grouphopes that every student organization at theLaw School will participate in HumanßightsWeek," saidSharon Nosenchuck, Graduate Assistant for the group, ' 'Weare looking forward to making this a comprehensive, school-wideevent'' December 7,1993 c% . 11l �GSEU Marches for Health Care and a Contract Union Petitions UB President GreinerTo Speak Out , byKevin P. Collins, ManagingEditor 5 P.M. Withmore than50 chanting members, a huge puppet, and signed petitions, the GSEU leafletted,rallied and marched, andtook to the radio airwaves in order to ask UB President WUliam Greinerto speak out in support ofthe right for Graduateand Teachers Assistants to have adequate health care and a contract. Greineropened hisradio show by giving a five minute speech on the GSEUrally earlier thatday. He complemented the GSEU onthenpoignant demonstrationand agreed that a contractbetween SUNY and the GSEU should be reached as soon as possible. In fielding the members' questions President Greiner acknowledged thatemployees ofother universitiesdo havehealth care coverageand thisis an WhoIs Pulling The Strings? issue in the competitive ability ofUB to draw thebestGAsandTAstothe University. Greiner also commented that the Office of Personnel would be in chargeofenforcingthecontract on behalfofSUNYandUß,onceacontractagreement isreached. And, in speaking to Ms. Anna Geronimo, GSEU Executive Board member TheGraduate StudentEmployees Union (GSEU), Local 1188ofthe Communications Workers ofAmerica, is the union which repre- sents 4,000 Graduateand Teachers Assistants (GAs and TAs) in State University ofNew York(SUNY) system, ofwhich about 1,200 teach at the University at Buffalo. The union is currently involved in its first contract negotiations with SUNY after having won a certification election last Dec. 1992 byanoverwhelmingsix-to-onemandate. TheGSEU stagedarally andmarchonWednesday, Dec. 1 .which drewalargenumberofUß studentsas well as the television and newspapermedia. Thepurposeofthedemonstration wasto sendamessage to UB PresidentGreiner and the SUNY negotiators in Albany that adequate health care and a contract is a right oftheGAsandTAs. The GSEUbelieves that SUNY is denying their members die same health care benefits thatall otherSUNY union employees receive and is stalling on contract negotiations. Beginning atnoon in the StudentUnion Building, theunionmembers handed out leaflets explaining the issue of health care and contract the negotiations. It was stated in die leaflet that ifSUNV does notfinalize contract negotiations with the GSEU by Dec. 31 st of this year, then graduateand teachingassistants willnot receive health insurance as a benefit ofemploymentnextfall. This is because itwill take New York Stateat leastnine months to set up a health care package with an insurance companyforthe4,oooGAsandTAsinSUNY. The GSEUasked thatconcerned students must pressure President Greinerto have the SUNY negotiators in Albanyrealize this. The union stated thatGAsandTAs at Berkeley, Madison, and the University ofMichigan have health insurance as a benefit ofemployment while GAsand TAsatUB do not. Furthermore, the unionadded thatthereal wagesoftheGAsand TAs at UB have declined 49% since 1969 Graduate students protest in the StudentActivity Centerfor health benefits. despitethe fact that GAs and TAs teach 40% refused to address or speak out on thehealth of the classes at ÜB. This, taken together, care or contractissue. He statedthatbecause p laces UB ata competitive disadvantage with contractnegotiations were underway, hebeother universities throughout the country in lieved thatthelaw didnotallow him to discuss attracting the best possiblestudents to beGAs these subjects. President Greiner told the and TAs. union members to instruct theirnegotiators to The GAsand TAsalso stagedademonhandle theirconcerns. Many GAs and TAs stration wherebyahuge puppetrepresenting a askedPresidentGreiner to speak to the SUNY TA andG A interacted with someone dressed negotiators in Albany and tellthem thathealth up as anadministrator in order to Ulustrate the careandacontractwasarightofGAsandTAs. union members lack of adequate health care Greiner responded that any discussions he coverageandacontract During theleafletting wouldhave withthe SUNY negotiators would andpuppet demonstration, the membersalso bein privateand not fordiscussion in apublic had people sign a petition in support oftheir forum. Theunionmembersstillpressedonand right of adequate health care coverage and a requested that Greinerspeak out. TheGSEU contract. This petition was then later prestated that presidents of other SUNYs have sented to UBPresident Greiner. done so. The GSEU wanted UB President The union members then rallied and Greiner torequest those incharge and negotimarched from theStudent UnionBuilding over ating inAlbany onbehalf ofSUNY to beaware toPresidentGeiner'sofficeonthesthFloorof ofthe concerns and needs of GAs and TAs. CapenHall. A contingentofundercoverPublic Greineragain refused to address this stating Safety officers dressed in trenchcoats and that the negotiations were out ofhis hands. equippedwithwalkie-talkies that had watched President Greinerthenleft the meeting. The theTAsandGAsintheStudentUnionbuilding uriionmembersthen sangtheversesof"Soliwere left behind and the union memberswere darityForever," the oldlabor union songand anthem, as theirmembers stood united and greetedby numerousarmed Public Safety officersoutsideGreiner's office.Undeterred by joined in their request for health care and a this apparentiyunnecessary show offorce, the contract. memberschanted thatthey wantedacontract withhealthcareandthattheir wageswere low "Hello,President Greiner, andoutrageous. MembersoftheGSEU finally I Have a Question for You" confronted President Greinerover the health care issue andthe stalling on contractnegotiaLater that same afternoon, members of tions. TheGSEUVice-President,ToddHobler, theGSEU tookto theairwaves, calling inand handed the signedpetitions to PresidentGreiner questioning President Greiner about health and asked him tohonor the petitions' request. care and a contract on his weekly call-in show In very brief comments, President Greiner on theradiostation, WBFO,BB.7F.M.,from 4- and UB contract negotiation representative, President Greiner admitted that reaching a contract is spoken at almost everymeeting of die deansand thatthe Administration ofUB is looking forward tobeingable to implement the contract. Ms. Geronimo believes that PresidentGreiner was amiable in his discussions withtheGSElJ members and hopesthat he does go ahead and ask the SUNY negotiators in Albany to reach a contract settlement soon. What is the GSEU? The Graduate Student EmployeesUnion (GSEU) represents 4,000Graduateand Teaching Assistants inNew York State employed by SUNY. GAs and TAs teach about 40% of undergraduate classes in SUNY, and yet, unlike all other state employees, have no health benefits or grievanceprocedures. The GSEU wasthelargestunit ofunionized workers to be certified in 1992, afterit wona lopsided six to oneelectionlastDec. 1992. SUNYhad delayed the election for over ten years- a decade- with litigation and legal tactics. Yet, despite waiting over ten years just to win theright to have an election in the first place (this is democracy?), the GSEU nevertheless received a mandate in its victory. The GSEU has been bargaining with New York Stateforimprovedconditions since March, but so far, the State'snegotiators from the Governor'sOffice ofEmployee Relations (GOER)andSUNYhavemadefewoffersonthe key issues ofhealth insurance, grievance pro- cedures orwages. The GSEU hopesthatafter this rally, SUNYreceived theirmessage loud and clear. The Docket Anti-RapeTask Force To Host Forum ing issues concerning women of color and raising awareness aboutall women's oppression. Also, it wUI address issues centering On ViolenceAgainst Women around domesticviolenceand datingv iolence The Anti-RapeTask Force (ARTF) is a inboth heterosexual andlesbianrelationships. student-run organizationwhich concentrates Thefirstmeeting forthis eventis schedon increasing awareness and education about uled forDecember 10,1993intheMichaelHall the growing problems ofrape and sexual asConference Room (2nd floor) on the South sault. Theaimistopreventthesecrimesfrom Campus at 2:00 p.m. The ARTF office is occurring by raising rape consciousness located in Suite 302 The Student Union, the throughoutthecampuscommunity. Theyoffer numberis 645-3322. awareness workshops, vanand escort services, New Director Named At and special programs and events. Planned Parenthood On March 8,1994, ARTF will be preTheBoard ofDirectors at Planned Parsenting theFourthAnnualForum onViolence enthood of Buffalo and Erie County, Inc. Against Women. This day wasintentionally to ispleased announce thatBarbara (PPBEC) chosen because it is International Women's the position Ph.D., hasaccepted Nevergold, A. Day. Thisforum plans toproaden the perspecofExecutive Director with the local affiliate tiveofviolenceagainstwomenbyincorporat- , ...Medicine, continuedonpage 10 Nevertheless, the perception, ifnotthereality, oflegal vulnerability motivates physicians to practice defensible medicine. Itis a practice pattern diatadds significant cost and risk to medical care. Yet, the solutionsbeing advocated— limiting the amount of malpractice awards or making it more difficult to initiate litigation in diehopeofdiscouraging nuisance suits—are hardly equitable solutions. Fornow, defensiblemedicine appears tobe an imavoid- ableburdenon society,aswellasmedicine,but aburden necessary to protectand occasionally compensate members ofadependent and vulnerablepublic. Harry A. Sultz,DDS,MPH isProfessor ofSocial and PreventiveMedicine and Director of theHealth Services Research Program of die School of Medicine and Biomedical Sciences, SUNY/B. ofPlannedParenthood. Dr. Nevergoldwas formerly Directorof Foster Care/Adoption Services withFriendship HouseofWestemNew York, Inc. Shealso servesas an AdjunctProfessoratEmp ireState CollegeandSUNYatßuffalo. Volunteer Needed Concerned, industrious 1 Lor2Lneeded for volunteerprojectregarding therehab ilitation or prisoners. Call 874-2513 The Staffof the Opinion wishes everyone good luck on finals and Happy Holidays! _^ Colloquium on HumanRights andthe NewLegal Pluralism bySharon Nosenchuck,. .NewsEditor On Saturday,Nov.2o,theßaldy Cenfor ter Law & Social Policy presented a "ColloquiumonHuman Rights and theNew Legal Pluralism.'' The colloquium wasan opportunity for faculty and students to participate in a discussion ofthese two topics whichare not usually discussed in tandem. Sally Merry, oneofthe participants at the colloquium, described legal pluralism "as a situation in which two ormore legal systems coexist in the same social field in a 1988article on thetopic oflegal pluralism. The purpose ofthe colloquiumwasto explore ways in which current theories of legal pluralism intersect witii dierealities ofhuman rights activists in the 19905. In addition to Merry, therewere three other outsideparticipants at the colloquium. Clarence Dias,oftheInternationalCenterfor Law in Development, BronwenManby, of Human RightsWatch/Africa Watch,and RobertKidder, oftheDepartmentof Sociologyat TempleUniversity, in addition toMerry, who is at die Department of Anthropology at Wellesley College, all participated in the Colloquium. Professor Virginia Leary and ProfessorDavid Engel from theLaw School moderated the discussion. Attending the colloquium were other law professors, law students, and graduate students. The Baldy Center, located in 511 O'Brian, is the focal point for socio-legaL studies at die University. December 7,1993 The Opinion 11 �\+ 4 \fc � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3b40941cd178152c648591c4728d56ad.pdf 4b3e737c13328c39fd097683d046e4fe PDF Text Text Volume 34, No. 6 THEOPINION STATEUNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW An Open Letter to Mayor Masiello Guess Who's Coming to Lunch else to do but take their aggressions out on Dear Mayor Masiello: On a recent Thursday evening, I was interrupted at home by a sudden, unexpected New York State Attorney GeneralRobert Abrams willdiscuss the issue ofelection reform 11:30a.m. to 12:30p.m. Thursday, Dec. 2 in room 106ofO'BrianHall. Abrams , to Speak at UB byPaulßoalsvig, Editor-in-Chief New York State Attorney General RobertAbrams wdlbe stoppingby to lunch with some UB Law faculty members on Thursday, Dec. 2. But before he doesthat, students will have the opportunity to hear him voicehis ideas onreforming the election process. He is currentlya supporter oflegislation making registration possible on Election Day, and making access to the ballots easier. He has also expressed his vocal opposition to the spending of millions of dollarson political campaigns. Abrams will be speaking Dec.2 from 11:30am to 12:30pm inroom 106ofO'BrianHall. Allstudentsare invited to attend. Abrams, wholast fallran unsuccessfully forthepositionofU.S. Senatoragainst Alfonse D'Amato, wUI be stepping down fromhisposition as Attorney Generalat the end ofthis December. He has expressed interest in becoming a partner with the law firm Strook & Strook & Lavan inNew York City upon his resignation ofthe Attorney General'sposition. November 16,1993 someone and mentioned the socio-economic causes that may have precipitated this brutal phonecall. Thepersonontheotherendofthe attack and egregious violation ofanother human being'slights. phone asked me to come down to the emerIvotedforyouformayor. Inaleafletyou gency room in SistersHospital on Main Street mailed to me before the election, you spoke of to pick upmy friend. Evidendy,my friend had better Buffalo .You stated I your visionfora been jumped by 15-20 teenagers and was a more will put police on the streets We can victimofahate crime. My friend was coming make our streets safe again, and we will." I home from law schooland had justexited die out should thatthere wasa police station point train station on MainandUtica, in downtown on Main and a hundredor so feet just Utica, to but Buffalo. My friend had started walk down did not deter the gang. The away. Yet, this Utica toward Delaware Avenue when this gang my told friend that these police beatings have raced after my friend. My friend madeitback been on a What going lotrecentlyin at Buffalo. as far as the Burger King parking lot the to being thegangbeat is done deal with this? comerofMainandUtica. There, A fteryou won the election,you saidthat uponmy friend, punchingandkickingmy friend, a yourfirstpriority upontaking officewas to sit after having uttered racial epitaph. wn do withBuffalo unions in ordertorestructure I quicklyarrived at the Sisters Hospital economy. I, as a citizen ofBuffalo friend a table. Buffalo's I was on emergencyroom. My and whovotedfor someone you for mayor, ask haveknown my friendfor nearly threeyears. your that that you put ranking priorities, in Myfriendhas workedhardin givingsomething streets to firstand make our safeagain so people back the community while study ing in law thathard citizensofßuffalocangetoff working school, helping thehomeless and working with community action groups andisone ofthemost a train and walk home without getting their caring and sincerehumanbeings you will ever heads beat in. My friend'sphysical injuries willheal in meet. My friend had a bniise on the backand front ofhishead, andrequired stitching above a fewweeks. But howlong will the emotional therighteye. Ihad to hold gauze tomy friend's scars remain? My friend is lucky to bealive. eye inorderto stop theblood running down my It is time to heal the tensions and wounds of friend's face. Thedoctorputahugeneedleinto Buffalo and make ourstreets safeagain before die area ofthe cut above the eye in order to it gets any worse. locally anesthetize the abrasion, and blood Respectfully yours, squirtedall overthe place. Even on the table, Kevin P. Collins my friend was not upset about whathad hapManaging EditoroftheOpinion pened. My friendfeltthatthe ganghad nothing George WillTells 2,000 thatAmerica is in Trouble byPaulH. Roalsvig, E i ditor-in-Chief Alumni The ArenaofUßwas occupied withmorethan2,ooo persons last Wednesday nightas columnistandpolitical analyst George F. Will took the podium. The winner of a Pulitzer Prize, Willalso holds five honorary doctorates. He came to UB to offer some opinions on the Clinton administration, NAFTA, health care reform, and american society in general. Throughout thelecture, one could detectthe sentiment that whilehis first lovemaybe politics, hisother loveis certainly baseball. He currently sits on the board of Directors ofthe Baltimore Orioles baseball team, and during a light-hearted moment mused that therewere only two seasons to die year: "baseballseason andtheoff-season". With the fall ofthe Berlin Wall came thefall in stature ofthe American presidency, said Will. When the United States had a formidable foe such as the Soviet Union, the strong office ofthePresident becamea necessarytoolforeffectiveforeign diplomacy. Since the end ofthe World Warspeople havelooked aWhat's'O'? Recapping the Changes to the Grading System mance" as contrasted with a Q-, which reflects' 'Professionally qualified work at Justwhenyouthoughtyouunderstood the low end ofthenormal range ofperforthegradingsystem atÜBLaw.some changes mance." weremade. As thekey further notes, thesegrades Two new grades wereadded this se- are intended to "alleviate grade competimester: Q+andQ-. Thenew grading format tion and [have] been highly successful." appears as follows: H (Honors), Q+(QualiThe key does not, however, note that the fied Plus), Q (Qualified), Q- (Qualified Migrading system has also been highly sucnus), D (Marginal), F (Unacceptable/Not cessful incausing confusion with employers who are not familiar with the UB format. worthy ofacademic credit), and S (Satisfactory). Although some professors may have When will UB Law students be able to been using thesegrades inthe past, itis now answer the infamous question "what is a officialUniversity policy. According to the Q?" Arationalanswerisanyone'sguessat ' 'Grade Key Explanation that is sent out this time. Perhaps the entire system needs withcopies ofa student'stranscript,a grade to be changed and not just tinkered with, ofQ+means "Professionally qualifiedwork something that seemsto add more perplexat the high end ofthe normal range ofperfority to an already confusing system. By Peter Zummo, StaffWriter to the President for strongleadership, without realizing that the office itself is inherently weak. Congress is and has always reigned supreme,according to Will. Withtheendofthe Cold War,the stature ofthe presidency will fall to that level that it had in the late 1800s. All this is occurring at a time when the President is trying hard to live uptheliberal ideals of60s radicalism. Will noted that all this wellmeaning left-wing idealismwould eventually amount to nothing in the face ofthis lowered presidential stature. Speaking to Clinton supporters, heproclaimed mat this is as good as it will get. Henextaddressed NAFTA, stating that inhis opinion, a 2700page document describing "free trade" must certainly amount to nothing less than an "oxymoron." TheMexis only4% oftheUnited States, he stated, expressing the sentiment that ifthe NAFTA makesMexico a moreagreeable place tolive and work,certainly moreMexicans will ican economy want to stay there. But whatWill foundinterestingis the amount ofopposition to NAFTA fitrson byßen Phot George Will Addresses 2,000Students at ÜB. ers." Here was aDemocratic President, bolsteredbya Democratic-run Congress, thwarting the President's call for "change," which was precisely the platform thatall the Democrats ran on. Nothing similar would have ... HIGHLIGHTS from Clinton's army of so-called "support- George Will, continued onpage 7 Group Spotlight Editorials and Commentaries Parliamentarian Candidates' Statements Roaming Photographer. Alumni Spotlight...:.'. Docket 3 ...4-5 6 8 .....9 II �— ■■^ —-— ' —■—■ ■ ■ PIEPER WANTS YOU r a — —2^ To SWITCH Your Bar Review! I I Don't lose money because of a foolish mistake! You can make a change without losing any money! Pieper will credit up to $300 put down on another review course. All you have to do is send in proof of payment with your application. IT'S THAT SIMPLE! SO DON'T WAIT!!! CALL NOW!!! PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. 1-800-635-6569 Contact: Pamela Valenti, Karen Judd, Chris Keller Marjory Avant, Greg Hill, and Hector Figueroa v �Medical-Legal Society Group ExploresVariety Of Issues beingadvisedby Professor Lee Albert. Due to the fact that the Society was onlyrecognized bythe SBAafewweeksago, thereare noactivities planned forthe current semester. However, the Society iscurrendy planning a number ofactivities and events for theSpring semester, including a lineupof speakers, a movie on a medically related topictobeshownnextsemester, amentorship program whichwillallow members to work closely witharea attorneys in the course of a lawsuit, andamock trialwhichwill afford themembers an opportunity to sharpen their advocacy skills inthe course ofconducting a trial involving medical-legal issues. Parker ishopeful to planmoreactivities based on member recommendations. Whileno general Society meetingis planned untilJanuary,the Society's fourcommittees (Fund Raising, Newsletter, Speakers, and Mock Trial) will bemeeting this semester in order to plan the upcoming activities. Although theSociety hasnotyet been assigned an office, anyone interested in the medical field as it relates to their legal career should contact Parker by leaving a message in Box 594, whether interested in sitting onone ofthe Society' scommittees or simply interested in the Society in general. byJosephBroadbent, Contributor This issue's GroupSpotlight focuses onthe LawSchool's newest studentorganization,the Medical-Legal Society. According to Society President Venita Parker, the Society's purpose is to stimulate interest in and discussion ofmedical issues and topics related to the study and practice oflaw. The Society's focus isnotrestrictedto personal injury and product liability, where themedicaland legal fields are clearly interrelated, but is also concerned with a wide variety ofotherissues such as reproductive rights, theright to assisted suicide, the criminal insanity defense, and any other medical topic thatintersects with the legal profession. Parker stated that the Society is not made upofanyoneparticulargroup orpolitical viewpoint, but strives topresentall sides of each issue in order to foster a full and meaningful understanding of all possible perspectives. Membership in the Society is open to allstudents. Parkeremphasizedthatno medicalbackground isrequired formembership, although many ofthemembers do possess such a background. The Society is currently SBA Rolls Out Carpet sand." The money will be used to repaint and recarpet the room which was described as a istration, Student Bar Association president "tort waiting to happen.'' Baptiste expressed Saultan Baptiste announced at the Nov. 1 his beliefthatthiswasawin-win situation for meeting that the Law Review has agreed to everyone, citing the tremendous space probshare itsroom onthe 6thfloorofO'Brian Hall. lem inO'Brian. Baptiste said that the space, located in Dean Boyer, who was at the meeting, Room 603, willbe usedfor studentorganizacommented on the lack ofspace and the aptions. Currendy theLaw Review uses theroom proval ofthe measure by the SBA board. foritslibrary. Theroom willbe divided, sothat "Thisisabuilding thatwasdesigned for one half will comprisethe Law Review library one or two student organizations basically. while the other half will house the student And whatlittle spacewe have, hasbeen gobbled up in differentway s. In thelong run, wehave to organization. "to SBA board a motion passed The do something about finding more space for to the law $2843.29 improve capitally spend student organizations. So this a band aid, one review office, proviso being that we contract ofseveral things thatwe have been trying to do withthe Law Review and theadministration, over thepast few years to make the building a untilthe law school gets a new building, that little more liveable. this space notbe taken away andthatthis body ' 'This sounds like areallygood ideaand decide which groupswill fdl this space.'' The I'm happy that we've been able to do it on a measure was passed bya vote of 16-1. consensual basis and use thespace morecffec Prior to the vote, SBA vice-president tively." Paul Beyer spoke in favorofthemotion saying, The SBA board also passed a motion to You to have look at this ajoint internshipsponsored by verypractically partiallyfund in '' tight of what the alternatives are. The only theLatin AmericanLaw Students Association other way wecan get space inthis building is and TheLaborand EmploymentLaw Associaby doing some serious construction, either tion. The board voted to donate $600 ofthe downstairs orelsewhere in the building, cost approximately $3,ooowhich the group is seekestimates being in the tens ofthousands or in ing to fund an internship in memory ofCesar some casesnearing $ 100,000. Chavez in California this summer. In materialassembledby KevinCollins "Whenyoulookatitinlightofsomeof thealternatives,lthink2,ooolooksverygood. on behalfofLAELA, the internship proposal If youreject this proposal, there are no other wasoutlined. Itwill funda first-yearorsecondproposals out there less than 40 or 50 thou...SBA, continuedonpage 7 byLeslieP. Machado, Contributor AftermonthsofnegotiationwithmembersoftheBuffalo Law Review and dieadmin- Refugee Speaks About 'A New Guatemala' byKarenA.M. Bailey, Contributor "The Path To A New Guatemala," a human rights forum, wasjointlypresented by the Graduate Group onHuman Rights and the Latin American Law Students Association pointed out that land use is a major issue in Guatemala since' 'twopercent ofdie population owns 75 percent oftheland.'' Guatemalans fled north, to escape die military, and settledin cooperatives inMexico. (LALSA), earlier this month. Jose Pascual Jimenez, who settled in Chiapas, Mexico exJimenez, a representative ofthe Permanent plained thecooperatives as "representing the Commission of Guatemalan Refugees in effortsofmy people to provide forthemselves Mexico(CCCP), was thefeatured speaker. and to effectively organize for ourrepatriaJimenez,as aCCCPrepresentative, was tion." elected by his community to represent the Jimenez explained that the Mexican Guatemalanrefugees innegotiations forrepagovernmentwas veryreceptive but addedthat triation from Mexico. According to the Netitprovidesrestrictions onboththe movements work In Solidarity WiththePeople ofGuateoftherefugees and theirjoining the Mexican mala (NISGUA), whoissponsoringJimenez's workforce. He cited the UnitedNations High Commission on Refugees (UNHCR), which U.S.speakingtour, "more than 150,000Guate- by hasregistered 46,000refugees in Mexico, as malansfkdtoMexico.duringtheearly 19805." The Central American nation has been hoto assuming responsibdity for the refugees. In JosePascualJimenez, CCCP representative addition, Jimenez emphasized that both the "at war" since 1954 when a military coup Home," includedanarrative documentary on churches and Mexican residents have been overthrew the democratically elected govemmentofJacoboArbenz. Guatemala has been the experiences ofa young Guatemalanrefu- veryhelpful to therefugees. gee. The young man'srecollections revealed However, the Guatemalans wanttoreplagued with the instabdity ofrotating military regimes that have used force to ensure Guatemalan mditary practices of torture and turn totheirhomeland and negotiations inthis executions and ageneral denialoffreedom to context have been foremost on their agenda. compliance. Resistance to these regimes has come the natives. Regarding incidents of torture Jimenez explained that it took five years of from guerilla movements that are strategi- against members ofhis community, he ex- negotiations withthe Guatemalan government cally located in Guatemala's countryside. plained that it was normal for thearmy to "cut before reaching a compromiseregarding the Consequently, theindigenous population,that the body, cut the feet, and make them walk.'' conditions for their return. '' Even then,'' he resides inthoseareas, has been victimizedby The narrator's missing godfatherwastaken by added, people weren'tso surethat they could agovernmental counterinsurgency campaign. the army and, according to his godmother, [return]." murderedand then cremated or dumped inthe Jimenez originally came from anindigJimenezreferredtotheaccordsofOctoenous community inHuehuetenango, Guate- river. berB,l992 which, as documented inNISGUA The documentary related the military' s reports, establish the following: Therightofa mala and relocated with his farruly to the isolated Ixcanregion in theNorthwest. He was practice ofseizing property, thenforcing un- secure .collective andorganized return, offree forced to flee when the army infiltrated that paidlabor on theproperty and dictating thatthe association and organization by thereturnees, natives grow othercrops, insteadofcorn and international/national accompaniment during area. The forum, entitied "The Long Road beans, thecommunity'sstaplecrops. Jimenez all stages ofthe journeyandresettlementofthe 7 Bailey Karen Yeltsin's Advisor byPaulßeyer, Contributor Fascination with the Russian market transformation to capitalism was clearly evidencedby the standing-room-only audience for a lecture by Professor Alexander Livshits, economic advisor to Russian President Boris Yeltsin. The lecturewas entitled"The Grand Plan to Russian Economic Reform and was thefirstinaseries offour lee tures sponsored by the International Law Society and InternationalBusiness Club. Thefirstlecture focused on the scope of the economic transformation and thedifficulties peculiar to Russia. Professor Livshits returnees, freedom of movement within the countryand overborders, as wellas theright to lifeand personal security, access to land, and the establishmentofverification and mediat- ingagencies. However, according to NISGUA, the government has not agreed to stop placing military bases or naming new military commissioners at ornear the sites ofthereturn. In addition,there is no prohibition ofthe formationofCivilDefense Patrols inthe settlement areas. The meaning ofthis agreement is currentiy being tested since the first group of refugees crossed the border on January 20, 1993. The 2,482 refugees (often called the January 20thVictory Community) whoreentered Guatemala and settled in the remote Ixcan region, have begun to rebuild their community's institutions. Their reports to NISGUA and other monitoring agencies include: difficulty innegotiations for land purchase, delays in delivery ofU.N. foodrations and thelack ofnecessary documentation for traveling withinthe country. Jimenezand theCCCP .while aware of these complaints, areplanning for therepatriationof22othergroups. When asked whythere should be optimism about the return of the refugees, given the government's unpredictability, Jimenez candidly explained thattherepatriation isn'ta matter oftrust. "It will be very difficult, but we are united politically and there are many civilian organizations[in Guatemala] working towards a broad consensus, "[foroursafereturn]. says Russia'sTransformation is Irreversible emphasized that the transition to a market economy isirreversible, given the ideological and infrastructural changes underway, and particularly because theRussian economy is already 42%privatized. Given the communist aversion to selfcriticism, it was shocking to hearProfessor Livshits' frank and candid analysis of the problems with communism, as he made his case for rapid economic transformation. He portrayed theformer communist economy as a "crazy" system of regional committees charged with every facet of the economy, including: distribution,pricecontrols, produc- tionand planning. This systemresulted in low incentives to produce, low living standards, exhaustionofnaturalresources, environmental destruction, and the dominance ofa monopolistic economy. Theonly shining star inRussia's previoussystemofproduction,according to Professor Livshits, was its ability to produce war materials,an aspect whichtheyarenow trying to use to theirbenefit "The onlythings that are well-developed are things used for war,"said Livshits. "Thebestthingsproducedinßussia are products coming outofre-tooled military factories." ProfessorLivshits oudined thedifficulties inherent inRussia and its economy, which includebadcommunications, the sheer sizeof the country, regional differences and the immobility ofthe work force. In a particularly humorous segmentofthepresentation,Livshits wasasked by a member ofthe audience why Poland'stransformation to capitalismseemed to be proceeding more smoothly. Professor Liv shits quicklyresponded thatthere are not as manycrazy communists inPoland.'' The first lecture was enlightening both . . Transformation, November 16,1993 The continued on page 7 Opinion 3 �OPINION £SST Volume 34, No. 6 November 16,1993 Editor-in-Chief: Paul H. Roalsvig Managing Editor: Kevin P. Collins Business Manager: Lisa Nasiak News Editor: SharonNosenchuck Features Editor: Vacant Layout Editor: Evanßaranoff Photography Editor: DanHarris ArtDirector: KathyKorbuly StaffWriters: Saultan H. Baptiste, Joe Khanna, Tracy D. Sammarco, and Peter Zummo Contributors: Karen Bailey, Luke Bellocchi, Paul Beyer, Joseph Broadbent, Shawn Carey, Bridget Caw ley, Eric Dawson, Paul Keaton, Leslie Machado, andBen Pierson. EDITORIAL Grading System Lacks Consistency The Faculty will say thatif s something we've been clamoring for all along non-stop, so now that we as law students have it, we should be contentand give this particular issue a rest. We refer, ofcourse,to a grading system that give usmore feedback thanthe old H Q DF system. We didask formore feedback, but not a compromise to consistency. Theclasses of94 and 95 are disadvantaged, orto be more precise, will be disadvantaged whenthe individual members embark upon their quest for gainful law-related employmentWhy? Lack of consistency. Hasanyone seen the new grading system explanatory page, copies ofwhich will accompany gradetranscripts as they get sentout in a flurry to prospective employers far and wide? Wehave. Is itthe type of document that an employer will takethetime to read, in order to understand and become familiar with ÜB's unique system of grading? We believe not. Theclass 0f93 had consistency in their grading scheme.Tiieclass of 96's grading will also beconsistent from beginning to end. Only theclasses of94 and 95 will have to contend withyears where only Qs are given, and years where Qs and Q*s were given. Last yearthe editors ofthis newspaperput forth the simpleproposition that the main objective ofthe grade system change, i.e. more feedback, could be accomplished without harming the consistency of existing students' grade transcript. We called it "grandfathering". It was a good idea back then. The grading issue may be breathing its last dying gasps as we speak. It is still the opinion ofmany thatthe feedback element could have been achieved at the ' 'posting-ofthe-grades-at-the A&R'' stagewithoutcompromising in any fashion the benefitsofour unique non-competitive gradingscheme. However, the vast majority of students last year opted to discard the principles upon whichthe unique non-competitive grading systemwasfounded, thereby opening the doors to tampering with it. In a tightjobmarket, this would seem understandable. UB law students desired to be on equal footing with law grads from otherlaw schools, and whateverbenefits that had existed in the past from a non-competitivegrading scheme, lastyear's law students were obviously prepared to give them much less weight. But that vote did not, and still does not explain why the simple act of grandfathering'' thenew grading system cannot take place. '' Ithas been pointed out repeatedly that whenthe non-competitive HQDF system was begun, itwas " grandfathered" in so that students did not have a mix ofABCDs and HQDFs on their transcripts. The classes of 94 and 95 should request nothing less than that their transcripts have a similar degree ofconsistency.ln addition, itmay be agood idea to inquire into the fundamentalbeliefs assumptions that led to the development of anon-competitive grading system. Ifthose fundamental tenets still hold true, then non-competitive istheway togo. But ifthose fundamentalbeliefs and assumptions do not hold true in tough economic times with dim employ mentprospects, then the non-competitive system should go. The grading system shouldbe not such that it is a handicap to UB law students, nor should it subsequently be tampered with to confuse the law grad's subsequent employers. Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterialsherein is strictly prohibited withouttheexpress consent ofthe Editors. TheOginjonispublished every two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheStateUniversi ty ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are notnecessarily those oftheEditors or StaffofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy o fTheOpinionis determinedby theEditors. The Opinion isfunded by theSBA from StudentLaw Fees. The Opinion welcomesletters to the editorbut reserves theright to editfor lengthand libelouscontent.Letters longer thanthree typed doublespaced pages will beedited for length. Please do not put anythingyou wish printed under our officedoor. Submissions can be sent viaCampus orUnitedStates Mail to The Opinion.SUNY AB Amherst Campus,724 JohnLord O'Brian Hall,Buffalo, NewYork 14260(716) 64 5-2147 orplaced in law schoolmailbox761. Deadlinesfor the semester are the Friday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorial Board ofThe Opinion. Opinion Mailbox Clarifying the LGBLS Protest ofJAGC Interviews I feel I must respond to Mr. Krakow's letter in the Nov. 2 issue ofthe Opinion. Mr. Krakow' smisunderstanding ofthe issues in- volved in theLGBLS demonstration atthe JAGinterviews and the display at the library are unfortunate, but not that uncommon "All we want is our humanright," the' plea' Mr. Krakow heard or read as he entered the JAG information session, does not refer to the righttojointhearmy. Itrefers to the right to be treated as human beings, with all the 4 November 16,1993 - dignity and opportunity that that entails. As it stands, gay the Law School."), merely rrtilitary personnel are dis:loud the issue and show that missed from service on the Mr. Krakow doesn'townadicbasis oftheirsexuality alone. That means if aletter home is intercepted, or tionary. (Capricious->whimsical, subject to they are seen going into a gay establishment, sudden, impulsive change. Perhapsyoumeant itcould mean the end of a meritorious and conspicuous?) Thewholepointofthedisplays and the protests are simply to letpeople know established career. The State ofNew Yorkprohibits State that their family and friends are being disorganizations from discrimination solely on criminated against and hopefully something thebasisofsexualorientation. Theprotection can be done about it. The civilrights movedoes notamountto special privileges, merely ment wouldn't have gotten far if it's particito the same protection affordedon the basis of pants had followed prevailing standards of race, age, national origin, disability, etc. The 'tradition, reason, and propriety/instead of Universityis a staterun organization, which is challenging the status quoand demanding to be why LGBLS protests military recruiting in the heard. Thatisnotwhining. It's standing up for yourself, and yourrights. Law School. To re-state Mr. Krakow's closing stateUnfortunately this situation existsin the private sectoras well,wherean employee can ment, "IfUB truly wishes to substantiate its legallybe dismissed onthe mere suspicion that claims to prepare itsstudents for the future, it he or she is gay, and frequently are. Mr. willafford them the opportunity to understand Krakow's misinformed counter example ofa each other,and try to show them why bigotry heterosexual wholoses his jobbecause ot his andhatred are sorepugnant and counter-procontinued sexual references is not even rel- ductive." An opportunity Mr. Krakow apparevant. I would expect similar treatment for endymissed. anyone in a similarsituation. His ill-begotten leap of logic is equating being 'out ofthe closet' withan open discussion ofone's sexual Respectfully, JosephBates, 1L Alumnus Defends Jessup To the Editor, ism, favoritism, nepotism, unprofessionalism, and ignorance," let me takethis opportunity to Althoughlamreluctanttoaddmy voice bestraightwithyou. We weretrying tobenice. to the cacophony thathas emanatedfrom these Inyourcommentary.youaskplaintively, pages oflate, I feelcompelled torespond to Jay ' 'why didn't I make the finals, let alone the Chatarpaul's Commentary published in the team?" Theanswer: youread a great deal of November2,1993 Opinion. yourpresentationfromyournotes. Whenyou I am an alumni ofthe law school, die were asked questions from the bench, you JessupExecutive Board,andanumberofJessup seemedpanicked and unable to respond approteams, as well as a lawyer working here in priately with examples of the international Buffalo. As such, I wasasked by JamesLynch conventions relative to the problem. Stylistiand Jackie Jones,members ofthe current Excally, you lacked poise and confidence, and ecutiveBoardandCo-Directors ofthecompewereless than compelling whenmaking your tition Mr. Chatarpaul competed in, to be a points. judge. They asked that I grade a number of In contrast your classmate, the "tall memorials submitted, that I judgea prelimi- African-Americanmale" youmockinglyrefer nary oralround, and then return to judge the to, broughtno notes with him to thepodium. He finals. I agreed with pleasure. had memorized his introduction and concluMr. Chatarpaul, you willrecall thatthe sion, and answered our questions from the memorial you submitted did not have your bench in great detail, correctly citingarticles name on it. Rather, ithad a competitor number from the international con ventionsrelevantto thatpreserved complete anonymity, thecorre- the problem. He spoke with confidence and at sponding names being held in confidence by no time struggled to make his argument. Put the directors ofthe competition. Thus, lam simply,Mr. Chatarpaul,hemadethefinals and puzzledby yourassertion that a Jessup Board later theteam because hewasmuch betterthan member toldyou thatyour "brief' (sic)was you, as were a majority of the others who very good. competed. Also, Mr. Chatarpaul, I was a judge The criteria discussed above are the duringoneofyoiirpreliminary rounds. Because only ones Jessup has ever attached to those the scoresheets are similarly held in confi- chosen to represent UB Law. Mr. Lynch and dence,I cannotimaginehowyou claim to know Ms. Jones earned my continuing respect and whatthejudgessaidand wrote while youwere admiration for thejobthey didrunning a Jessup outoftheroom. Finally, there simply wereno competition that was at every instancefair and commentsabout' 'anaccent in dieround that equitable to all competitors. Ijudged. Thechargesyoumake are irresponsible Irecall your presentation, and some of and insulting. the comments thatyoureceived. Itmay very wellbe,Mr. Chatarpaul, thatwe usedthe words "very good" regarding your presentation. Sincerely, However, as you have seen fit to charge my colleagues on thatevening and me w ttii"rac The Opinion activities. His definition ofpornography is apparently not content but context. Contrast anything in thelibrarydisplay with any number ofVanityFair covers, Obsession adsor James BondmovieDosters. It's apparent that Mr. Krakow find'sthetopicofgay ights difficultto understand jut it's really not that tough. Bverybody shouldbeafforded he opportunity to show their strengthsand weaknesses, and o be judged solely on their nerits. Opprobrious phrases fromthehandbook fortherhe:orically disadvantaged, (eg: 'Like throwing gasolineon a pile of burning tires, this hypocrisy is stoked by the capri:ious institutional support of - FrankHoush �I Was Ripped Off! ByßillLicata, Contributor - cm uci. 16,1went to my locker, in the basementofO'Brian HalLand uponopening it I was greetedby an unexpected circumstance not at all unfamiliar to students in the past: three ofmy textbooks were missing, stolen. What perplexed me was that there were no visible signs offorced entry,my lock was still on andthe doorwasshut. Who was smart enough to mastermind this?Initially, I thought itwas the same individual thatrazored offthelaw review articles in the case note competition last spring. I dismissedthisas improbable; that person was assuredly still basking in the glow of that deceitfulaccomplishment. (Ifthat person is reading this article I hope you are blushing furiously.) In theweekbeforemy bookswere stolen, Prof. Carr in CriminalProcedure explained that, "There is a ninety percent chance of solving acrime in the next4B hours, after that the percentages begin to drop off sharply." According to my calculations, several hours had already ticked offon my meter. Logic dictatedthe onlyplace to cash in onmybooks wastheAmherstCampusbookstore. Soacting withthealacrityofan accipiterhawk, I crossed campus and filedastolenbook report withthe clerk there. While there I believed that the prospectofgettingmybooksbackwasbleakat best,so I spent $150 to replace them. I also filed a stolenbook report withpublic safety, those menandwomeningray charged withthe duty ofsafeguarding the person and property ofthe citizenry at SUN V @ Buffalo. Infuriated, frustrated, and violated, I returned to O'Brian Hallto watchMoot Court practice rounds. After this I tried to catch up on my reading at the law library. Unable to concentrate amidst the welter of emotions, I returnedhome. Shortly thereafter my serenity was disturbedby thatfamiliar jingle ofMa Bell singing in the dining room. I answered the phone andmuchtomy surprisePublic Safety apprehended an individual at the bookstore who attempted toreturn my books forarefund. My books! The officer asked if I wanted to file charges. Ididnothesitatetoanswer, "With the full, forceandeffectofthelaw." Heanswered, ' 'We needyou to come in and make a state- A Winner's by ClaraKanocz ment" After providing a statement later that evening, I learned something startling. I was not the only onethathad been victimized by thisperson, and this wasnot something novel tothebasementareaofO'BrianHall. In fact, the suspect has worked at O'Brian Hall for several years asa custodian. The elementthat I find most disturbing isthatthe Administration either ignored what was going on or turned a blind eye to the systematic looting ofstudent property. Sev...Ripped Off, continued onpage 6 Impressions Of Jessup Thethreenightsofintensequestioning wasenough to giveanyone a headache, and, at times, even got abit uncivilized as certain judges got carried away in their God-like roles shooting threeand four questions at a timeand adamantly demanding immediate answers, in between trying to distractcontestants withlaughter, spitballs,and anything else their imaginations could muster up. However, by the end ofthethirdnight not a singlecontestant could claim tohaveavoided lengthy, grueling,and insightful questioning byapanelofprofessorsandlawyersortohave avoided intimidating and almost abusive behavior by afew lawyerswhowere former Jessup members tryingtheir best to prepare contestants for the worst. With five guaranteed openings for a four-man plus alternate team and only thirteen people competing, theodds ofmaking the 1994 JessupRegional Team werepretty goodandtheoddsofbecomingaboardmem- berwerepresumably even better. Itis therefore understandable, ifsomeone whofailed to make either the team or the Board, is feeling alittlebitter. The bitterness is even more understandable in light of such a contestant'ssomewhat misguidedbeliefthat, withodds like that dierewasno way hecould lose, especially ifhislast year's roommate was virtuallyrunning the competition. Whde it would have been nice ifall thirteen contestants hadmade the finals and theBoard, itmustnot beforgotten thatit was acompetition and, as in allcompetitions, not everyone can win. The four team members, all 3Ls withinternationallaw backgrounds, two of whom moreover are experienced Desmond members, took the competition very seriously, never assuming that they were guaranteedaposition untiltheyearned it. The same can be said about myself(the alternate) and the other threeBoard members. ...Jessup, continued onpage 6 'Gate' byDan Harris,.Photo Editor One expressionI findratherannoying is attaching the word.''gate** to anything seemingly scandalous. In fact thething may notnecessarily be scandalous,butattachthe word"gate" to the end,andyou'llcertainly providewhateveritis with the inferenceof scandal. Examplesare legion. Thelran-Contra scandal becameknown as "Irangate." President Clinton's problems with finding an Attorney General became known as "Nannygate." I'veseensignsbyformerUß Law Professor Jeff Blum referring to ' 'Tenuregate. *' Lastweek I saw something in the newspaper about the British Royal family and the' 'Camillagate tapes.'' And I'm justwaitingfor someone tomention the ' 'SBAgate" incident This obviously stems from the ''Watergate incident. However,Watergate is a hotel, not a suffix. Yes, the Watergate incident wasan embarrassing scandal that portrayed the esteemedhighest officeofthis country in a most unfavorablelight. However, it was neither the first nor the last scandal in this country. Yet,theword"gate" has taken on suchpopularity. Look atallthe examples ofwhere the suffix "gate " hasbeen added to the endof something. Now imagine if we attached a differentembarrassing U.S. incident as a suffix. Wemightnowhave"lranbayofpigs,'' or"tenuretaminyhall," orthe"SBAContra Affair." Obviously I find the expression ' 'gate" ridiculous. However, I don't think ...Gate,continuedonpagelO \ sdfasdfsdf November 16,1993 The Opinion 5 �Candidates' Statements For SBA Parliamentarian Emilia Chernyavsky, IL Stephen Lee, 3 L My name isEmilia Chernyavsky and I am running forthepositionofSßA Parliamen- tarian/Office Manager. Iwas born in Siberia and moved to the United States when I was seven. I grew up in New York City andrecentiy received my B. A. in English and American Literature from New York University. As an undergraduate, I workedin amedical office and also did somefreelance translation(Russian/English) for thecourts. I found both jobsto be extremelyrewarding because I love helping thepeopleI workedfor (andwith). I feel that thisopportunity willallow me to do more than serve the Student body this year. As a first year law student, I have the strength, interestand commitment to dedicate myselfto therequirements ofthe job. Idonotthink,however,thatthecommitment justends here. I believe that the experience ofthis position will serve as the basis for two more yearsofhelpingand learning from the SBA. *_£ Dear Fellow Law Students: I am going to make this statement very shortand to the point Forthoseofyouwhodo notknow me, my name is StephenLee and I am currentiy a 3rd. year. I am running for the position ofSBA Secretary (Office Manager/ Parliamentarian). I feel I am very qualifiedfor the position due to thefact thatI wasa 1st Year Class Director and the Treasurer last year. From my past experience on the SBA, I know how the SBA works and how to run it effi- ciently. Due to the recent developments in the SBA, I feel the position ofSecretary (Office SpecialElection for SBA Parliamcntarian\Ojfice Manager to beheld 9 a.m. to 4p.m. TomorrowandWednesday(Nov. 16&17) OutsideofLawLibrary 1> Manager/Parliamentarian) shouldbe filledby aperson knowledgeable with the innerworkings oftheSBA. As Secretary (Office Manager/Parliamentarian), I will work diligently too bring the SBA some unityand conformity. I feel it is important that all students know what is goingon in theSBA,and take part in whatis doneby the SBA. To this end I will beavailable to all students, in answering any questions orconcerns that they may have. I know this is a very busy time for all students, but I hope all the students take time outand vote onNovember 16thand 17th. Very truly yours, Stephen Lee ...Ripped Off, con tinuedfrompage 5 STEAM eral questionsremain with me from this experience. First, was I entided to notice? I annot naive enough to think my locker is inviolate, but I should o fbeen afforded informationconcerning the numberofthefts that occurred in the basement and the patentdefectonlocker22o7. Second, dothe students thathave hadtheir books stolen in the past have aclass action tort claim against the administration for fadure to communicate the known risks involved in putting their books in these lockers? Finally, I have lately been experiencing lowerbackpain, headaches, and am finding it increasingly difficult to study because I must shoulder the undue burden o fa forty pound book bag. Ifthe administration can not supply me withalocker of reasonably safemanufacture and design, perhaps theremedy is toprovide me witha sinecure from theirranks to serve as my porter. The foregoing represents my humble prayer forrelief. ...Jessup, continued frompage 5 While I sympathize withMr. Chatarpaul forany outrage he feels concerning a single judge'salleged comments about his accent, forI agree such afactor is irrelevant tothe substance ofthecompetition and anyreference theretowas inappropriate and ignorant Mr. Chatarpaul' sconclusions thatselectionofthe finalists was driven by "favoritism, nepotism, unprofessionalismandignorance,'' is unsupported by the facts. Ajudge'sevaluationthatacontestant"didn'tknow his shit," does go the substance ofthe competition, even ifthestatement is notas eloquent as it might have been. The facts are thatafter submitting a ten page brief, for threenights contestants hadthe opportunity toimpress panels oflawyersand professors with their oralskillsand knowledge ofinternationallaw. Among the professors participating were ÜB' sown Professors Kanner, Leary, andNewhouse, and Niagara University's Professor Baxter. Those panels had not insignificantnumbers o fboth womenand minority representatives—far more impressive in number than most real world judicialpanels. Twentyfive percent ofthose selected for the Board were members ofa minority group and thirtyseven percent were women—numbers of which Jessup has every reason to beproud. Regarding Mr. Chatarpaul's confusionover hisloss in lightofhis judge'sfavorable comments, I would suggest that Mr. Chatarpaul considerthat few, ifany,contestants received unfavorable comments probably because the aim ofthe com- petition is to have fun,not tomake someonefeel bad about their performance. Andregarding the degree of difficulty ofthe questions asked o fhim, there may havebeen more to mem than met his eye. As contestants successfully respond to one level of questioning, the better judges usually ask successively harder questions, gendy pushing contestants to their limit. Perhaps Mr. Chatarpaul's judges already felt that he had reached his limit andcouldgo no further. In such a situationit is for the skilled contestant to maneuver so as to carry his argument to the next level and, in so doing, to inviteadditional and more difficultquestions. While any mootcourtcompetition necessarily involves adegree subjectivity and luck in terms ofwho thejudge is;what questionsare asked; whatthe judge's ownviewsand biases are; and what stylesthejudge is or is not impressedby, itis insulting for a contestant who hasabsolutelyno knowledge ofmy orany ofdieother seven winners' performances to suggest wewon for any other reason than that we deserved to win based on our knowledgeofthe materialas expressed through ourwrittenand oral skills. I suggest thatMr. Cliatarpuallearnhow to kise more graciously. ThcOptowm 6 November 16,1993 �Livshits Discusses Russia's Economy by LukeBellocch i, Contributor Professor Alexander Livshits, Russian FederationPresidentßorisYeltsin'sEconomic Advisorand Deputy Chiefoflnformation,spoke thursday nightattheSchoolofManagementon the current hopeful financial situation in the former SovietUnion. Speaking in English, Prof. Livshits described the immense problem of controlling inflation in the former Soviet Union today, including arate that got as highas 300% over atwo-month period. TheRussian government has curbed inflation to 20% per month as of Octoberofthis yearand intends tohold inflation to 3-5% by December of 1994. Boris Yeltsin's government plans to stabilize the Rubleandcurb inflation insix steps: (1) eliminating die discrepancy between market and , centralbank rates forcredits, (2) restructuring theshort-term agreements between the central bankand theregional banks, (3) sharply reducing centralized expenditure,(4) increasing the rate ofintereston centralized banks,(s) shifting the deficit burden to the Minister ofFi- nanceand the regional banks, and(6) stabilizing exchange rates for theRuble. Using an interpreter,Livshits took questions, many ofwhich involvedpolitical stability as related to business practices forforeign investors in Russia. But the audience also included legal scholars such as Professor Headrick, whoaskedabout thetaxation scheme in place now. Prof. Livshits gave a cursory answer describing the inabdity totax average citizensand the drag thattaxing businesses has created. Another question involved the legal basis fordoing business in Russia, including basic contract law. This was answered by admitting the weak legal system in place in Russia today, but Livshits emphasized that Yeltsin has as a top prioritythe improvement ofthelegal system there. Currently, parties to a contract must enforce the provisions themselves. There wdl beanother talkby Professor Livshits this Wednesday night Nov. 17, on ''Transitions intheRussian Economy "at5:30 in Jacobs 110.Anotherdiscussion is scheduled for Thursday, Nov 18th at the same place, concerning' 'Doing Business in Russia". All law studentsare invited to a finalreception to be held in the faculty lounge following that presentation. listeners. Nowhere was the 60s sensi- bilities and moral vanities more present than in the current administration's attempt towards health care reform. Mr. Will tore apart the statistics that show that U.S. health care is at fault, demonstratinginstead that many ofthe socalled problems with health careare traceable to behavioral problems. There is no health-care crisis, he said. Rather, there are many behavioral crisisies evidenced by such things as: 1)the incidence ofAIDS, 2)rise in violent street crime, 3) smoking and poor eating habits, 4) automotive accidents, and 5) teen pregnancy the and infant mortality associated withit. Healthcare costs werebound to goup as they have,he stated, simply due to the changing demographicsoftheAmericanpopu- Continuedfrompage 3 in thesubstantive analysis ofßussia' seconomic reform and the radically different messages which theKremlin is sending to the West The final two lecturesare scheduled for Wednesday, November 17th, at s:3o,andThursday,NovemberlBth,ats:oo, both in Room 110,Jacobs Hall. "Wearevery thankfulthatProfessor Livshits was able to share his insight with us," saidLuke Bellochi, President ofthe International Law Society. "His lecture was veryrevealing oftheRussian business, tax and legal infrastructure, and he willbe able to more fully explain these aspects in hisforthcoming lectures.'' ...SBA, continued frompage 1 ...George Will, continuedfrompage 1 occurred under the presidency of Lyndon B. Johnson, heassured his , . . Transformatioftj lace. Americans are simply living longer, and he told the audience of one statistic that showed that there would be overamillion persons over the age of 100 at the turn of the century. He nextturned hisattention to education,expressing agreatdealof skepticism thattheamountoflearning that took place in elementary schools was in any way directly relatedtotheamountofmoneyspentin eachschooldistrictperpupU. Rather thekey to a chdd's learning lay in a much more important statistic: the parent to child ratio. He supported thefindingsofSenator Daniel Patrick Moynihan and the U.S. Senator's conclusions that the rate offamily disintegration that is presently occurring is withoutprecedent in US and in Will's opinion, it was certainly as bad as any ' 'public health epidemic" that US officials have everhad to combat. Will stated that the 60s radicalism made amockery ofold-fashioned values, making deviance socially acceptable. The result led to a''down-adjusting ofthestandards oftheamerican people, which, combined with the tenets of a general welfaresociety, isstarting to lead to some very' 'perverseresults.'' George F. Will'smessage was clearto allwho heardhim speak that night: It was time to make the traditional family unitthe foundation of strength of our society. It was also time for Americans to realize that manyoftheirbiggestsocietalddem- history. He agreed mat this rise in mas were related to behavioralprob- violence is a result of an ever-increasing population ofunparented adolescentmales hitting the streets, lems,and whilethey are quite daunting in magnitude, they are neverthe- year studentforapproximately 10weeks withthe United Farm Workers in California. The law studentwouldworkwiththemigrantfarm workers on immigrationand labor law issues. During the committee report portion ofthe meeting, Ben Dwyer (1L) who was selected to chair the committee investigating the allega- tions offinancial impropriety alleged by SBA treasurer MarkPanepinto towards SaultanBaptiste, statedthat they hoped to have a report at the Nov. 17meeting. Dwyer also defended hisactions after Baptiste alleged that two members ofthe committeehad someknowledge oftheallegationsprior to theOct 25 meeting. Dwyer saidthathehadassigned the twoindividuals to separate areas oftheinvestigation and thathe was satisfiedthat itwould have no bearing on the committees' decisions. After debating foralmostone hour, theboardvotedonamotionto remove the two people who had priorknowledge. Eightvoted against the motion, three voted for itand threeabstained. Because themotionfaded to getthe necessary three-fourth'smajority, itwas deadand themeeting wasadjourned. The Opinion needs an Office Manager/Librarian. If Zyou are even remotely interested, contact Paul at x 2147. J Join the Opinion! Ca11x2147 less correctable. THE PASSWORD: 1500 Broadway New York, NY 10036 (212)719-0200 (800)472-8899 (201)623-3363 (203)724-3910 FAX: (212) 719-1421 20 Park Plaza, Suite 931 Boston, MA 02116 (617)695-9955 (800)866-7277 FAX: (617) 695-9386 November 16,1993 The Opinion 7 �The Roaming Photographer byDanHarris, Photo Editor This Week's Question: "What do you think ofthe SBA situation?" Monica Grier, IL Hector Figueroa, 2L John Crowe, IL "It'safailing instudent government that they take on the cut-throat type ofpolitics of Washington. In this particular case I'd like to seemore evidence ofwrongdoing before fingers startpointing." "I wouldhope thatthe Treasurer,hav"Quite frankly I think it'srather sadthat did a sufficient youhave two individuals that workin thesame ing made theseallegations check to background make sureit's not unofficegoing ateach other's throats. lalso feel founded. Otherwisehe'sclearly over-stepped thatas adults we should be beyond that" hisbounds." StephenYonaty, 3 L "Hopefully once it'sresolved, everything will once again run smoothly as it always has at the law school." UB Legal ScholarsAdvocate Compromise On Abortion Issue ofthe naturallaw and Protestantethical tradi- tant churches that jumpedon the Roe bandtions, the c ivil rights movement, therise ofthe wagon, inparticular thePresbyterians, American Baptists and the United Methodists, are Protestant evangelical movement and the dethe issue. rethinking cline ofthe mainline Protestant churches. Meanwhile, someprominent' 'pro-life Many view Roe v. Wade as an attempt a willingness to showing activists are also by the Supreme Court to secularize theaborretreat an absolutist position. from ethical, political tion issue and cut offfurther Moreover, theysay,thedecision inCasey and theological debate,Mensch andFreeman Parenthood ofSoutheastern Pennv. Planned pointout sylvania~in which theSupreme Courtupheld While they callRoe Wade amistake-as does new Supreme Court Justice Ruth four provisionsofPennsy lvania lawregulating Bader Ginsburg- they do not advocate the abortionswhile declining to overturn Roe—' 'is precipitous overturning ofthe ruling, which an attempt to be realistic." However, the Casey decision shouldnot would send the issue back to the state legislabe, by itself, afinal version ofa compromise on tures withno constitutional guidelines. Instead, they believe common ground on the issue, they say. Real compromise, Mensch and Freeabortion canbe foundby including theological thoughtinto thepublic discussion, sincemost man maintain, probably will mean, as it does Americans' views lie between the two ex- in many Western Europeancountries, apublic policy that allows abortions, but regulates treme positions on the issue. Polling data show that only about 20 them whde at the same timetrying to discourpercent ofAmericans are truly "pro-life", age them. That may involve allowing states to feeling thatall ornearly allabortions shouldbe prohibited, theauthorssay. Another 20 percent push up the deadline for presumptively legal are truly "pro-choice,"believing in unre- abortions to 16or 12or 10weeks, orrequiring stricted access to pre-viabilityabortion. The women to provide statements oftheirreason for havingabortionsbeforetheprocedures are rest— about 60 percent want some restricperformed,they say. tions, yet opposetotal prohibition. MenschandFreeman see other signs of '' Compromisemeansthat each side must —■-"■-■-I ■■■■mi .....Jim give up something important they write. hopeforacompromise. The mainlineProtes- formanyhundredsofyearstoofferhopeinthe face of despair, to offer life in the face of inevitable sufferingand death," the authors write.' 'We discardthose traditions (in debating the abortion issue) issue at our peril.'' The authors, both professors oflaw at ÜB, insist thatany serious, moral discussionof the abortion issue start with the recognition that abortion is a lifeand death issue. "Toabort a fetus is to kill, to prevent the realization ofa human life," they write. "But to say that much is not to answer the moral questioninvolved.'' They note thatwe often,howevertragically,choose death,as withwar orstatistically issue. predictable highway death. In theirnew book, "the Politics ofVirtue: Is Abortion Debatable?" (DukeUniver' 'That we choose to kill does notmake itwrong on that scorealone; but wesurely need sity Press, 1993),MenschandFreemanmaina vocabulary for talking about life and death tain that while most Americans get their beliefsand values fromreligious traditions, reliissues in moral terms that underscore that gion has been left out ofthe debate for most seriousness of any choice for death," they write. people. In'"ThePoliticsofVirtue," Menschand They notethatßoev. Wade, which they call' 'amistake legally, sociologically and Freeman seeabortionasrepresentingabroader politically is apurely secular decision that dilemma:What shouldbetherole oftheology '' doesn't speak to seriousreligious tradition or in American morality? the feelings ofmostAmericans." Theirhistorical view ofAmerican culture sinceWorld WarII includes examination ' 'Our religious traditions have served Special From SUNYat Buffalo News Service Newbookpromotesintroductionoftheological thought into moral debate Thefull introductionofreligious thought intothe public debate on abortion could bring about a compromise between the two sides of the volatile issue, two University at Buffalo legal scholars say. Although many may believe that it isthe religious fervor ofthe "pro life"camp thathas led tothe extremepositions takenby people on both sides ofthe issue, Elizabeth Mensch and Alan Freemen contend that in fact, theological thoughtmayleadtocommongroundon the —- ———————— Mt tilliil]JMJnr.3Qrr:*" IM v. — Is the UB Law Course Guide Misleading? by Steve Balet, Contributor j j Ever Get Somebody Totolly Wasted? ________________________ fml* IU S b« 8 The Opinion November 16,1993 Department o( Transportation J The time offilling out course selections is upon us. Due to thelimited amounto f courses thatare available to take, itis important to pick subjects that interest you. Every semester I diligently study the courseoffering sheet,looking forthecourses that I want to take, butlikemany ofyou I do notlook at the course descriptions.Thecourse tides are sometimes misleading and often it is not until the 2nd or 3rd class that you discoverfhatyou arenottaking the course that you thought you were. I have been in this predicament several times myself, so as a public service I am publishing a list of 10 courses whose titles I find most misleading. Next to each course name is a statement of whattnecoursedoesnot teach.Ihopeyoufind this useful. CriminalProcedure: Does not teach burglary techniques,how to conspire or howto case a joint •EstatePlanning: Does not teach landscaping, how tobuildatwo-tiered porch and there are no readings from Bob VUla's book. ■Schlegel'sContracts: Doesnotteach contracts. ■Intellectual Property: Doesnotteach about property owned by people that are smarter than me. ■Sentencing: Does not teach about Punctuation, the predicate, and does not use school houserock as a teaching tool. •JuveruleLaw: Doesnotteach the "Do Over rule,the Whenthe StreetLights Go On it's Tune to GoHome" rule, and there is noresearch project on constitutionality ofthe '' IfYouDon'tHave Enough fortheßestofthe Class then Spit it Out statute. •Labor Problems: Has nothing to do withcomplications duringpregnancy. ConflictsofLaws: Doesnotgiveyou tips on hand-to-hand-combat withotherlawyers. •Commercial Paper: Does not teach aboutwhat theglossypapermagazine ads are printed on, nor does it teach you about junkmail. •Antitrust: Has nothing totdo withthe Machiavellian thoughtprocess. �Alumni Spotlight: Immigration Michael Lawyer Marszalkowski, '83 , byPaulßoalsvig, Editor-in-Chief MichaelMarszalkowski loves his job. Itmay behard workthese daysbeingan immigrationlawyer, but thereare also many rewards. There'sofcoursethefactthathegets a great deal of satisfaction in helping lots of ordinary people overcome obstaclesandrealize the oftenlife-long dream ofbecoming a permanent resident or citizen ofthe United States. But Marszalkowski's position has offered somerewards that many immigration lawyers will never experience: like meeting musical celebrities in person, or getting a printed thank-youonthe coverofatape or CD. There seems to be a flurry of touring musical and theatrical acts coming across the Paul NiagaraRiverthese days. Andtheirgoalisthe by same: to break into the lucrative American market. Theacts are Canadianthemselves, or Michael Marszalkowski, class ofl 983 haveentered Canada fromBritainorthe rest of Marszalkowski finds intriguing. As he exEurope. The downtownlaw firm ofAddelman plains it, there are two sides to the INS; the role & Marszalkowski has gotten areputation as whichone playsas animmigrationlawyer will oneofthe p laces to gowhenmusical ortheatdependentirely onwhichbranchoftheINS one rical acts need to obtain the proper visas to is dealing with. enter and work in the United States. Experience has shown thattheImmigraHow did he get involved with musitionandNaturalization Service can getpretty cians? According to Marszalkowski, it all testy ifthe proper forms aren't filled out corstartedawhtie ago witha singularinstance of recdy, or aren't submitted on time. In this helping a band get across the border to playa respect, theINS isjustlike many otherfederal gig. From there, word ofmouth help spread agencies; i.e. a service agency with a lot of Marszalkowski'sreputationofhelping musipaperwork. Muchoftheworkofanimmigracians and their support staff in immigration tionlawyer simplyinvolves being ontopofall matters, to the point thatthey now account for the paperwork. His role towards the INS is a full 20% ofhis business. thereforeprimarily oneofaneutral, pro-active There' sa duality in thisprofessionthat problem avoidance specialist dealing with a Roats\ig Phot government service department at this timewas onlybeing practiced by what Butmerealwaysremains thelikelihood he calls smaller "boutique-type" specialty that some alien musician or roadie will be law firms, and mostofthem were not hiring. found to have apast criminalrecord ofsome Butthings changed in 1986. Thiswasthe type, orworse yet, commit acrime in the U. S. year thatthe immigrationlaws werechanged Suddenly, the enforcement arm of the INS to allow for easier transfer ofworkersacross kicks in. This is the divisionresponsible for the US-Canadianborder. Many ofthelarger protecting the borders oftheUnited States,and firms wanted to "cash in" on the sudden in many respects they act like a police force. interest in immigration issues, and They mayhave detainedthe client waiting to Marszalkowski was able to convince Hodgson deportthe person, or ifthe client is outsidethe to develop a full-scale immigration departU.S., perhaps not even let them across the ment in connection with their commercial border(what isknown as "exclusion"). Then division. Marszalkowski' sposture towards theINS necSeven and a halfyears later, the entreessarily must quickly change to that ofa de- preneurial spiritcaughtholdofMarszalkowski, fense attorney in an adversarial proceeding. andhe decidedto try itonhisown. Buthe didn't While inthis mode,litigation skillsbecomeof havethe resources to openhis own shop. Luckparamount importance. Marszalkowski figily,he bumped into anold UB Law classmate ures thatagoc>done-thirdofhiseffortsare spent (Dave Addelman, also class of83) who was on litigation. looking for someone to share spacewith. And Deportation hearings arepartand parcel thus the firm of Addelman& Marszalkowski ofany immigrationlawyer's profession, but wasborn. exclusion proceedings take place only at the Asasuggestion to present-day law stuU.S.border. Marszalkowski noted thatbeing dents,Marszalkowski notes thatthere isplenty located in Buffalo by the Canadian border, ofwork outthere,and much breadth to thefield means thathe gets to litigate exclusionissues, in a border city suchas Buffalo. But he also something that 90% ofUS immigration law- recognized thatthe greatest volume ofimmiyers will never get to do. grationcasesoccurinsuchplacesasNew York Did healways want to do immigration City, Miami,Los Angeles, and alongthe Mexilaw? He took the Immigration Law Clinic can border. He stressed thatfinding the perfect (taught at that timeby Cathy Reimar) while at job is often a creative process. If a young ÜB, as well as a Human Relations course lawyer can do a particular type of case very taught by VirginiaLeary. Aftergraduation he well, wordofmouth will probably spread, and actually found himselflitigating for Hodgson suddenly the young lawyer will find thathis/ Russ'commercial division. Immigration law her services are in much demand. Benefit Planned for SecondYear Law Student byPaulßoalsvig, Editor-in-Chief So what are you doing in two weeks? Yeajknow. Ifyou'reatalllikeme,andyou've gotten so wrapped up in some sort of fun extracurricular activity (is being Editor-inChief ofthe Opinion fun? Ha! Yea Right!) you'llbe trying valiantiy to catchup inallyour courses in the final stretch of the semester. Well, remember JackNicholson in the Shining? "Allworkandnoplay " Whatl'mtrying to say ishey.you don't wantyour studyingfor exams totumyouinto a psychotic axe-murderer, do you? (Hmm, I wonder how that would look on my resume.. .hmmm..nan) So what I'm trying to say is:take abreak from your normal humdrum bookworm law school nerdexistence and come outto aparty. (A party yousay! And solate in the semester! This hadbetterbe good!) Itwdlbe. Butfirst,here'sthelowdown: One ofourlaw school classmates is currendy undergo ing some serioussurgery at the Strong Memorial Hospital inRochester. 2LMichelle Obleman is in need of alung transplant, and while muchofheractual medicalexpenses are covered, herfamily are incurringlots ofnonmedical costs intraveling, daysofffrom work to see her, and thelike. Her law school friends, in cooperation withthe SBA, thoughtthatas a nice gesture, they wouldthrow aparty withall theproceeds to benefitMichelle and herfamdy. It behooves us all to come out and show support for a colleague in need. There's a community feel to the studentsand faculty of UB Law. Let's make a communiJy show of support for Michelle on November 30th! So come on out! byMimiC.Meng. Contributor Captains, Please " a team ofsecondand thirdyear law students won third place in die UB Intramural Volleyball Tournament, competingagainst nine otherteams. "Capitals, Please" played 10 matches to advance to third place in the playoff, dien lost to the second place team in an intense, diree-game match last Tuesday night ' What?, doyouneed moreofaninducementthanthat?Ifyou do,thenyou'reprobably somesortofheartless creature who'll endup in everyminuteofeveryday.andwhereyounever know theanswers to his questions),and whythe heckam I evenwasting my timewiththelikes ofyou? =——— nvest In Your Future -— The team consists ofRob Nieweg, law studenthell(Y'know- the place whereCi v Pro is taught Socratic style by Satan him. ;lf Butanyway.ifyoumustknow, thereis another greatreason to come outon Tuesday, November 30th to Brennans Bowery Bar(near thecornerofMainStreetandTransitßoad).l have been told thatthe musical talents oflaw pro fessors JamesAdeson and DavidEngel and therestoftheHotCargo String Band(who will beperforming thatevening) are a spectacular mix, and are guaranteed to please the aural senses ofeventhemostdiscriminating audiophde(inotherwords, they sound great!). "So howmany beans isthis going toset me back?" Sheeesh! What? You meanyou're still notcompletely convincedongoing?Well, Law Students Compete In Volley ball Tournament Wehope Michelle Obleman gets better soon! the cost is all of six bucks, you skinflints! Sheeesh! Sixbeans atthedoor.andyougotyour entertainment, your beer,your chickenwings, andy oursody pop alltaken care of. Andallyour goofy friends will bethere. So you see, there's no excuses this time. See youthere. P.S.Ifyouneedmoreinfoonthebenefit, wantto know moreaboutMichelle's status, or contactSharon Pigman, box 492. Bill Farley, Christine Farley, Sue Soong, Jamie Han, Helen Pundurs, Mimi Meng, Heidi Hackford and Stephanie Nemec. Under the direction ofCaptain Rob "taskmaster' ' Nieweg, the team only practiced twicebefore thetournament began and won seven out often matches, usually against undergraduates. According to team member Helen Hinders.' 'theonly reason wedidn 'tdoeven better was because the undergradevent their pent up sexual frustration in volleyball." She claimed that overall, it was a fun learning experience for her, having only played informal, pick up games before. Another member, Christine Farley, made this modest vastly understated comment: "I onlywatched the lines." Sue Soong and Mimi h hope diat die team will continue to play in uext semester's tournament, and' 'keep improving!'' —J=Fj| _. Insurance wmm GiHH BISBS J|l4jM|lMl|| for the Bar Exam ForMore Information Contact: New York State Bar Association, Membership Services Department One Elk Street, Albany, NY 12207 Phone: 518-463-3200 Fax: 518-487-5579 WM |ifiHi!!> A Networking Opportunities _. Help Building Your Career _. Publications to Help You Study = I ddfliHt^ I ■ 111 NYSBA November 16,1993 The Opinion 9 �UB Law Professor says Day Care Can Spark Community Development SpecialFrom SUNYBuffalo News Service Peter Pitegoff, associate professor at UB law, says daycare as anenterprise can help createjobsand provide opportunitiesfor entrepreneurship inthe innercity. In arecent issue oftheGeorgetown Law Journal,Pitegoffstates that in order to be successful, however, such ventures must confront the harsh economic realities ofproviding child care and a public art i rude that undervalues child-care work. Those that dowork have an "internal culture" that value the work ofcare givers whilecreating the' 'external links'' —to government, charitableand corporate resources— that make it possible for the enterprises to succeed financially. One such example,Pitegoffpoints out is the Childspace Day Care Centers in Philadelphia, aworker owned andoperated enterprise serving more than 200 cruldren at two sites. Childspace, he writes, "explicitiydemonstrates the positive link between quality careand quality jobs." Child-care jobs usually are low-wage, with limited benefits and little chance for advancement Thiskind ofwork environment he says, leads to highturnover and undermines the quality ofcare provided, threatening the basic tenets of quality economic development—that the quality of jobs created is as important as the quantity,and thatthe success of the enterprise is measured in its social impact. Pitegoffpoints outthatthe ChUdspace Day Care Center is successfully following a community economic developmentapproach. The worker-ownership structurereinforcesa "participatory culture" at ChUdspace. The workers help develop policies that include a decent wage and benefits, the optionfor staff to bring their cruldren to work, support for workers' continuing education and career opportunities within the organization. "The significance of Cluldspace is its intentional link between the quality ofchddcare jobs and the excellence of child-carer service," Pitegoffwrites. Creativestrategies such as those exhibited at Childspace "can help make the case for attributing greater worth to chdd-care work.'' Law Students AidingVictims of DomesticViolence assistance to social service agencies and legal offices. Law students at UB are now helping victims ofdomestic violence in Niagara and Monroe counties, and expanding services to The Clinic, established last fall, grew Erie Countyresidents thanks to state funding made possible by Assemblyman SamHoyt A outoftheDomestic ViolenceTask Force that $ 10,000member item sponsoredby Hoythas Tomkins,a 1992UBlaw schoolgraduate, and enabled the Domestic Violence Clinic at the otherlaw students developed four years ago. UBLaw School to become afull- time operaThevolunteer, student-run TaskForce assists victims, assist more said Suzanne E. local lawyers whoprovidepro bono counseling tionand Clinic. to fanuly violence victims. The volunteers Tomkins, ClinicalInstructor in the Students earn academic credit while also act as advocates for women involved in providing more than 150hours aweek offree Fanuly Courtproceedings. Crossword Puzzle o q q (/) jl £ 0) "J?2J SZ (J _U. >, m «2 _q >, qj CO _. XI ti -q 5? —JO CD LU »O q N 3 Q. "Q O 6 AndyCapp's wife 9 Hand-dyed fabric 14 From Russia With Love Q 1O 54 Duct 57 O.T.book 58 Magazine for jailbirds? 61 " Street Blues" 64 Venetian hackie 65 With 66Across, Thimble Theatre character 66 See 65-Across 67 Actor Ouaid 68 Did the floor 69 Vote against 70 Actress Georgia Ferrigno 24 Lie (repose in the v Hi! 18 perhaps 11 Conway of McHale's ■■■■■■■33~34 839B 39 52 18 Telephonedial triad 21 Not digital 25 Wine spot 26 Apple or lemon 27 Billions and billions of years 29 160 square rods 31 Starters 34 Played the trencherman HF [5 His preceder 63 hefty salary) P ■■■ 2S - ■■ 37 PE_ 26 ~81~ H 46 8J32 I ' ZJHH 56^ M ■«) - 55 ■■Si 53j 59 ' bT M 6' 27 38 48 60 l H 5" 49 50 In melast Opinion (Vol. 34N0. s,Nov. 2,l993)weprintedarevisedTreasurer'sreport onpage4. However, due toa simpleoversight, weneglected to print the originalTreasurer's Reportas itwas issued to membersofthe SBA and guests on October 25,1993. To clarify matters, and in the interest of fairness, we include herein the originalparagraphs: myhumbleopinion willchangethepopular useoftbeexpression. Sol'vedecidedifyou can'tbeat'emjoin 'em. Thus,rvethought up some current' 'gates." This past summer dietabloidswere filled with Burt-and-Lonigate. Fans of Amy Fisher can't get enough of Buttafuccogate. Then ofcourse therewas the veryforgettable andregrettable LateNightgate, aica. theChevy ChaseShow. Asidefrom Tinsel Town, weatUB LawSchoolhaveafew "gates' 'ofourown. There'sLaw Degreegate, which consists ofbeing $50,000in debtfrom educational expenses,only to find thatthereare no jobs outthere forlawyers. Tbere'sGradinggate, whkbconsistsofhavingtowamintil Spring Semester Senioryearto getyour firstyear grades. Butlet'snotforgettranscriptgate, which consists of having to explain to employerswhatthoselongawaited Hsand Paragraph 1 oftheoriginalReportread as follows: Overthe course ofmy first 6 monthsas SBA Treasurer, I witnessedpattemofconduct on the part ofthe SBA President that is irresponsible, unconstitutional and unethical. Efforts tocurb theseactivitieshave faded, and as suchitis my Constitutional duty to disclose this conduct to dieBoard od Directors and the Studentbody. Paragraph 3 ofthe originalReportread as follows: AsDirector ofPhi AlphaDelta Saultan ran up a $2100 personal phone bin between September 92 and April 93. One ofhis first actionsupon enteringofficewastomoves24B3 into the telephone line to coverthesepersonal calls. This action took place on 5/4/93. This isaclearviolationofSUNY guidelines, inthat Saultanused Studentmoney tocoverpersonal expenses. Saultan subsequendy reimbursed these funds in July,but thisdoes not correct the wrong. AtworstSaultan'sactionisthemisappropriation offunds, and atbestaninterest free shortterm loan. Qsmean. Before we set aside the subject of "gates",there aresomehistorical "gates" whichdeservementioa Mostpeoplewho know somethingabout the earlyhistoryof this country are familiar with Salemgate. Astronomers are all too familiar with Galileogate.Historical revisionists would like to elucidate us on the tragedy of Columbusgate. Last,but far fromleasU'm sure that Adam and Eve never forgot Applegate. Paragraph4 ofthe originalReportread as follows: The SBA budgetismuch stronger financially than anyone knows. We began the year withacashbalanceofs4s,ooo. Weanticipate asurplusofbetweens37,ooands4l,oooforthis fiscal year. Saultan deniedthismoneys existence early inhis tenure, and afteracknowledging its presence has continually delayed informing lawstudentsofitsexistence. Saultan wouldlike to usethismoney to fund his ownpet projects withoutBoardapprovalmuchlike the previous administration did. All letters to the editor and commentaries are due the friday before the issue comes out. We welcomeyour opinions. Tuesday, Dec. 7 is our finalissue ofthe semester. All submissions are dueFriday, Dec. 3. We hope this clarifies any misunderstandings thatmay haveoccurred. TheLowdown WHAT FREEMOVuT'CITYSLICKERS" WHEN:Tuesday,Nov.l6,ats:3opm WHERE: 106O'BrianHall THE LOW DOWN: Students of Law for Animalßights Celebrates SOLAR's 1stbirthday! Cruelty-free beer, sodaand popcorn willbe served! WHAT: HIBERNIAN LAW SOCIETY PARTY WHERE: TheLeft Bank, 511 Rhodelsland (Richmondatßhodelslandßuffalo) WHEN:Thursday,Nov. 18,9PMti1... THE LOWDOWN:Join the Hibernians for theirannual fall fundraiser/food drive/membership party! NAFTA, Do We Hafta? Decide for yourselfat the NAFTA debate. Labor and Employment Law Society Go KevinI VS. TheFederalist Society 75 61992 Crossword Magazine Inc. Box 909 • BeDmore. NY 11710 • (516) 679-8608 Answers on the Docket, page 11 10 figures (a |'° 111I11 112I12 113I13 Is 8 HP* 63 g a pitchfork 55 " howr 56 Salt away 59 Salty sauce 60 Dash 61 Stem 62 King Bb^ ■■pS HpS 62 49 Breakaway 50 Feminine Ladd 52 "Man !" 53 Like a 4 51 61 State 48 Reliever's short stint squeeze 40 - shindig 12 1952 campaigner 13 Barbie's main 35 ■ slangliy Navy 31 ■"■ f 40 Golf tourney 41 Like a chicken the 42 " season..." 46 The Beaver more IF* 28 Hj flN effectively 9 Squalls — ■■21 44 O 39 Elaborate 55 © LJ $ 8 Swing thebat 10 Hang-gliding, Rotunda) 28 Not quite none 30 -cake 32 80. posting 33 Northwest Passage seeker 36 Railroadcrossing word DOWN 1 Dental uppers 39 Magazine for Chinese 2 Complain restaurateurs? 3 Captivate i p p p fs HP p 17~~ governess 5 Province of South Africa 6 Draw strength from 7 Smallville's 35 Aristotle Contemplating the Homer 37 Letters of obligation 38 Timetable, Lang once actress 22 *V krypton 45 TonyMusante TV series 47 Brake part 51 DanQuayle, Claire, Wis. 16 From the same mold 17 Flat 19 Part of NOW 20 Magazine tor teamsters? 22 Rocker Brian 23 Piniella or 15 4 Bronte's 42 Crow homes 43 Confront the ump 44 Suffix with ACROSS 1 Dress to the nines Editor's Note ...Gate,icontinuedfrompage 5 Th&OpiKfon •; Noverttber 16,1993 < otf 4 p.m. Wednesday, Nov. 17 room 108 O'Brian Hall �The Docket Announcements: Public Interest Fellowships Available to Students The Charles H. Revson Law Students Public Interest(LSPIN) Fellowship program is being administered by thePublic Interest Law Center atNYU SchoolofLaw. Up to 45 grants will be made to students working ftdl timefor 10weeksduringthesummerofI994. Stipends of$3,250 are available for ILand 2L students attending law school in New York State and New Jersey whohave secured summerplacements withpublic interestorganizations inthe New York City metropolitan area. Theapplication deadlinethis year isFriday, December 3,1993. Interested parties should getin touch with the Dean's Office at UB Law or NYU school ofLaw, or get in touch with the CDO office at either law school. PAD to Sponsor Drive for Food Center Remaining UUAB movies this semester: Highlander 8 p.m. Wed. Nov. 17 1994 NewYork State Law Student Legal EthicsAward Guidelines: The Award, with a cash payment of$750, is to be made at the conclusion ofthe academic year. The Award is intended to encourage activities in connection with the lawyer'srole as representative ofclients, officer ofthe legal system, and public citizen having specialresponsibility forthe qualityofjustice. The Award is made to thelaw student selected bythe school, and is granted inrecognition ofan extraordinaryaccomplishment in one ofthe following areas: Leningrad Cowboys Cometo America 8 p.m.Thurs. Nov. 18 Delicatessen 8& 10p.m. Fri.Nov. 19 Slacker Midnight 1. A proposaloutlininghow membersoftheNew YorkStateBar can be challenged to develop and demonstratedieircommitmentto pro fessionalresponsibility orlegalethics; TheLivingEnd Bp.m.Thurs.Dec.2 2. A written article.essay or other exposition, on the subject oflegal professional responsibdity or legal ethics; or RosencrantzandGuildenstern AreDead Midnight Fri. Dec. 3 3. A substantialaction oractivity in furtherance oflegalprofessionalresponsibility orlegal ethics, performed or instituted in the yearofthis competition. (An examination answer/score ora grade in a course cannot be the basisfor theaward) Films are shown in the new Student Union Theater,2ol Student Union. Tickets ares2.so forStudentsand Faculty withU81D,53.50a1l others. In an effort to further stimulateinterest, the award Committee reviews all written expositions with a view toward selecting one which die Committee believes warrants submission for publication in the New York State Bar Journal. (With regard to written expositions, submissions shallbe deemeda consent to publication where, in thediscretion ofthe Committee, such publication is warranted.) foods, baby food, and healthand hygienicitems such as soap and shampoo. PhiAlphaDeltais sponsoringaFood and Supply Drive tobenefit theRhode Island Street Food Center. The Centerhas been inoperation for over 10years. It is staffedby theDirector Linda Signer who is a volunteer, as wellas a number of others who volunteer to keep the CenterrunningMondaythroughFriday. Clients are mainlyresidents from thelowerWest Side between Rhode Island and downtown. However, Signerpointed out that clients who seekassistance are served regardless oftheir areaofresidence. Between 500 and6oo families per month currently receive help there. Donation will be accepted on the 1st Floor o fO'Brian Hall on Tuesday November 3oth,Wednesday December 1st, and Thursday December2ndfrom9:oo-2:30. TheCenterhas a special need for non-perishable nutritious NYSBA to Present another Program The N YSBA committee on Women in the Law will present a program describing "The Road to the Judiciary: Navigating theJudicial Selection Process" onNovember 18at 6pm at the Bar Center in Albany. ChiefJudgeJudith S. Kaye will serveas moderatorforthe panel discussions. Theprogram will provide insights for women and minorities onprocedures inseeking judgeships in state and federal courts, including discussionofthepolitical process and judicialselection committees. Panelists will draw ontheir own experiences and offerpractical information onpursuing service onthe bench. Admissionis free. For further information, contactthe NewYork State Bar Association at (518) 463- -3200. Coming Nov. 20,1993: "Human Rights and theNew Legal Pluralism" Sponsored by the Baldy Center Formore information, call 645-2102 oMn._L[s v|a 3 S 3_iIII[JBBI H J_ NjIS V A lb o|l|v|N 3|S sis' TTgJßti wo TJHO ii a y ■s' 313 Id 3U 13 I |X O O 0 3 N n_LU\O j_B I v"7TBBjri~ 3js3 a lvjxisN ißno Tp O N V Q N V 3IW I 1 MBOE v H N3W 1U V d V 3 x I "ilvßn V 3||vUjN 3 1 M|i|i|vleHoh|jMN|3l3lald RtadMoreOpiniora! pjOMSSOjo efja MSSOtIO DISCOUNT ENDS NOVEMBER 23 $150 ___________ $75 deposit on Marino Comprehensive NY or NJ locks in the discounted price and guarantees you a seat. Then, pick out $75 worth of any law books you want -we'll pay the tax and ship them to your door!! MARINO COMPREHENSIVE will credit up to $150 of any monies lost when you withdraw from a competitor's course to switch into MARINO. This credit may be combined with any existing discount on Marino Comprehensive. For more information, stop by the Marino table on your campus, or call (212) 663-1000 or 1(800) J-MARINO. N Spnctloveyou. bulyou'reabitchy! and receive up to \x 3 — HeyGoaby, UfsgolotheAllid COMPREHENSIVE t lor Monies LOSt HiJ_TO £ Probing, Timely, Controversial, Beer Join the Opinion! MARINO A'+ f woo l|3lO|N|3M/>,|V|NMa|3|X|v"JM A 0 N V nil A oIjA I 1 O HappyAnniversary Mom & Dad! -E Switch C* CrosswordPuzzle Answers _ _» . Iwl J\ -p-^ T -»w -|-^X I l\j 1 W\ -LvAjLjLA l/JLI V^r .— /TTk-n (JOJVI i 1 n TTH \THTT 7■ 1 W feJL V XL Think Like A Lawyer. MARINO COMPREHENSIVE. INC. 255 W. (Iflth St. NYC, NY 10025 (212) 663.1000/(800) November 16,1993 '. J-MARINO TheOptnfori'. 11 �1 WE'RE NOT THE BEST BECAUSE WE'RE THE ■I WE'RE THE BIGGEST BECAUSE WERE THE BAR REVIEW © 1990 BAR/BRI 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-11-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/16/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/518c47c26d6b46d7c036299b60e56b7e.pdf 8f023e4f7c3eba279640dbe8ac2ef688 PDF Text Text TO HE PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Volume 34, No. 5 November 2,1993 SBA PresidentAccused of Misconduct Baptiste Calls Treasurer'sAuegatbns 'Misrepresentations 'and'OutrightLie s' byJoseph Broadbent, Contributor withi Robert A. Johnson, Contributor Student Bar Association President Saultan BaptisLe was accused ofseveralfinancial improprieties by SBA Treasurer Marc Panepinto in Panepinto's treasurer's report, which was distributed Oct. 25 at the SBA's weekly meeting. BapUste deniedany misconduct on his part, calling theaccusations in the report "incorrect,misrepresented and obviously politically by motivated." Thereportallegedthatßaptiste: (l)paidfors2,looof his personalphone callswithSBA funds; (2) spent SBA funds SaultanBaptiste (L) andMarcPanepinto (R). withoutßoardapproval on two separate occasions;(3) inteniL actors (two from each class) to look into the allegations. After unsuccessfulefforts duringthemeeting torestrict tionally misrepresented theamountofavailable SBA funds (a $35,000 surplus);(4) unilaterallyfreezedthe budgets ofseveral discussion oftheallegations to executive session—themotion, studentorganizations inviolation ofArticle IV, Section 1(a)(3) which would have denied students their right to be fully ofthe SBA constitution. At the close ofthemeeting, theBoard informed, wasmade byBaptiste, andsecondedby VictorBobet appointed an investigatory committee made up of six class — and to postpone discussion until the next meeting, Baptiste MPaarcbholona Phot byPaulßosvig Phot was asked directly about the allegations. He stated that Panepinto had ignored the requirement that the matters be brought up withthe chairperson (Baptiste) prior to being discussed at the meeting. Baptiste maintainedthatthe information contained in the report were "mis-characterizations of fact," adding that some ofthe allegations were outright lies. According to Baptiste, the full truth was not contained in the report and he did nothing that was irresponsible, unconstitu- tional or unethical, as the report had claimed. Baptiste was given an opportunity during themeeting to directly address theallegations, an opportunitywhich heclaims was "utterly insufficient." The Treasurer's Report alleged thatthis was "at worst a misappropriation offunds, and at best an interest-free shortterm loan." Moreover,receipts go to the treasurer;Panepinto saidhe neverreceived areceipt, nor didhe find onein the SBA ...Misconduct, continuedonpageB 'Supreme Court' Refuses to Recognize Right to Die byJosephBroadbent, Contributor The "SupremeCourfrefusedtorecognizean individual'sright toassisted suicide in the courseofadecision upholding the conviction ofDr. Roger Morris,who was convicted for violating a New London state statute which makes itacrimeforany person toassistanother individual in committing suicide. Such wasthe final outcomeofthehypothetical case whichwas briefedand argued in the 1993 Charles S. Desmond Moot Court Competition. The final round of oral arguments washeld atErie County Hallin front of apanelofjudgesconsistingofDoloresDenman, Matthew Jasen,Leo Fallon, PaulCambriaand LeslieFoschio. The"Court"ruledinfavorof the StateofNewLondon, whicharguedagainst recognizing aright toassisted suicide-the socalled "right to die". Arguing for the petitioner,Dr.Mortis,were2LsElizabethßergman and JeremyBrown. Their opposition, arguing on behalfofthe StateofNewLondon, consisted of the team ofthird-years Joshua Kimerling andJohnMunro. Bergman beganbyarguing thatthe statute outlawing assisted suicide violated the 14thAmendmentrights ofDr. Julia Capulet, the hypotheticalwoman whocommitted suicide by ingesting a lethal dose ofmedication prescribed by Dr. Mortis. Bergman contended thattheright toassisted suicidewasanalogous to the widely recognized right of terminal patients to disconnectlife support; she stated that the only significant difference between the two is thepresenceofinvasive lifesupport devices. Sincethetwosituationswereessentiallythe same,Dr. Capulet should be granted guaranteedby the 14thAmendment. She did ofan absoluteright to die, onlyalimited right ofan individual to seek assistance in terminating his orher life when anincurable terminal illnesshas made thatlife excessivelypainful, which was the case with Dr. Capulet. Bergman emphasized that the State' sclaimed interest in the preservation of life is "abstract and indirect" and should succumb to the individual's overriding interestsin self-determination, bodily integrity and theright to die with dignity. JeremyBrown, Bergman'sco-counsel Pabyul for Petitioner,argued thatDr. Morris's conviction violated his Bth Amendmentright to be free from cruel andunusual punishment and also violated the 14thAmendment by convict- Lt> fi Yehl, Hueston, Sunshineand 1993Desmond winnersKimerling, Munro. terminal illness. ing Dr. Mortis pursuant to an over-inclusive refused torecognize such aright, he emphainterests, sizedthatthe State's various which Afternoting thatDr. Mortisknew he was statute. Brown focused on the fact that the have set state and and triedto hide hisinvolveacting wrongfully doctorsfor been forth various federal punishes simplyperforming in statute their duty of informing patients about a cases, outweighedDr. Capulet's right to pri- ment in Dr. Capulet's death, Kimerling conmedication's lethal doseand possible harmful vacy and her liberty interest under the 14th cluded by proclaiming that the right to die effects. He contended that the statute was Amendment. He asserted thatrecognizing a should belimited to cases involving invasive unconstitutional because it did not require a right to diewould create seriousproblems of medicalprocedures; otherwise, doctorswould finding that the doctor intended to cause the determiningthepoint at whicha personshould not have an incentive to search for cures for patient's death. Under the statute, Brown be allowed to exercise that right since the terminal illnesses. The final oral argument by Munro, argued, doctorsmaybepunishedforthepatient's determinationwould dependuponhow long a intent tokill herself, not for theirowncriminal terminal patient had left to live, which is Kimerling'sco-counsel, consisted ofhis constant fielding ofquestions from the bench. He intent. Since the statute allowed convictions difficult to determine. Kimerling went onto say thatsuicideis claimed thatthestatute didrequire afinding of forinnocentconduct,itwasover-inclusiveand not illegal because itis viewedas an expresintent by onlypunishing doctors who' 'conunconstitutional. Arguing for the State ofNew London, sion ofmental illness; however, thatrationale sciously" supply the means for a patient's Kimerling urged theCourt nottorecognize a does not apply to a person whoassists another suicide;further, Dr. Mortis'sconviction showed right to die. Afternoting that othercourts have in ending his orherlife. He distinguished the that the jury did find that he had intended to ■!■■— cases of withdrawal oflife support from ascause Dr. Capulet's death. Munro noted that .".-■—■.■—■'. *■'■:':, 'Vl:'." *""!"P" sisted suicide by explaining that in cases of similar statutes in other states had withstood assisted suicide, the person's deathiscaused challenges ofvagueness and argued thatthe by thesuicidal act (inthis casethe ingestion of statute was not vague because it unambiguthe lethal dose of medication), not by the Joshua Kimerling and John Munro ...Moot Court, continuedonpage 7 I■■ I the right to seek assistance in ending herlife. Bergman argued that the right to die stems from the due process privacy rights not seektherecognition Roalsvig Phot — II l» »■■■■■-■■■. II! Desmond AwardWinners 1 1stplace: I Finalists: Elizabeth Bergman and Jeremy Brown I Semi-finalists: Robert Kitson and Sharon Pigman Patricia Swolak and Rolando Velasquez I Quarter-finalists: I Randy J Ray and Suzanne Cruse Pamela Koplik and Susan Sanchez Christine Farley and Susan Soong Kathleen Linhardt andAntoinette Bonsignore — HIGHLIGHTS Group Spotlight Editorials and Opinion Mailbox SBA President answers allegations Health Care and the Law Alumni Spotlight Roaming Photographer. Docket 3 v .4-6 5 7 II 12 14 �V 1 f The until $200 Then Nwhat? ovembr discount 15th! is avilbe ) *ci- «* Cb> fc[ #£ . my Pi^g After $money 1395! that, I'm o6Bl^ the today! sending coutse t> Pieper People V 'S { J r.r in a r4 .v » L 10 Pas! Find \ J, \S —_ I i CAL Pieper New 1-806359 York-Multisae about Bar Revi w, Ltd. | I and great deposit i^ Ja v ApAeDlaetlea lo king iSfSLDigeDsiteyst'/Textboks f Alert to /I beter sinend rec ive my those $150 \ PIE R! evryone s talking If y Bar taking ttj ¥n -^ . Come r\ evrybod's se and j •, , ou New pl an York on } // tabOUt! alking what out why f Exam. the A tlf /J \\ \ / ] [ pas must ev r the take met NY said Pieper Bar i to /Every atorney Tve /j \\ Contact: Pamela Valenti, Karen Judd, Chris Keller Marjory Avant, Greg Hill, and Hector Figueroa �BLSA BLSA is Here to Help bySharon Nosenchuck,.News Editor School, suchas ho wto prepare for theLSAT, the law school application process, andadThisweek'sGroup Spotlight focuses the Black Law Association on Student's vice on writingpersonal statements. Thenational groupofBLSA sponto (BLSA). According Marjory Avant, BLSA's to sors theFrederick DouglasMoot CourtComBLSA's President, mission is anational petition, provide academic support and professional competition.This year's on environmental law to students. Memberfocuses competition development all law BLSA is to law students. and the location of a waste facility. The ship in open all be will inBoston during regional rounds held ÜB's BLSA ispartofanationalgroup comthe the of the Northeast throughout February ofmember schools convention prised BlackLaw Students Association. This Region country. ILs Kristin Jones and Karen A.M. year, BLSA's activities Avant said that focus on preserving Black history and cul- Bailey will becompeting in theCompetition. ture. Activities that BLSA sponsored this Current officers ofBLSA are: Vicesemester include the AlisonDcs Forges lecPresident—Maija Reeves, 2L; Treasurer— ture (see article this issue),hosting arecepCraig Hannah, 2L; Secretary-Nicole Johntionfollowing Judith Jackson performance son, 2L; Chapter Representative-Patricia of "WOMB/man WARS" (see review last Campbell, 2L; and Community Liaisonissue), and asession for firstyears on how to Kedra Burgos, 3L. ThecurrentmembersofßLSA are very briefa case. In addition, BLSA participated in other law school organizations, active orientation sessions and co-hosted the in "Welcome to Law School" picnic with including SBA,Law Review, Desmond Moot SBA. BLSA's activities in the immediate CourtBoard, JessupMootCourtßoard,Circles, future include an outlining session for first the Graduate Group for HumanRights, The Opinion, andmanymore. years that will be taking place during NoSeveralBLSA members came to Law vember. BLSA publishes a newsletter that School already holding graduate degrees. is distributed to theentire law school popuAlso, many BLSAmembers bring withthem lation. BLSA is working withtheofficeofDr. to law school experience in suchprofessional MurielMoore, ÜB's Vice-President for Pub- areas as state government, education, and business. lic Service & Urban Affairs, and the NaBLSA members hadexciting summers, tional Lawyers Guild, to bring Cornel West to Buffalo in the Spring. WestistheDirector forexample,oneworkedforSenator Kennedy, ofthe A fro-American Studies Programand anotherworkedinamajorNew York City law firm, another studied in Kenya. In addition, Professor ofReligion at Princeton Univerone member ofBLSA is currently doing resity. BLSA sponsors an Adopt-A-School search in Geneva, Switzerland. Program, a mentor program which visits SaidMarjory Avant, BLSA president, schoolsandinstructs students,usually middle " I amproud tobepresidentofßLSA thisyear. school students, on how to prepare for law While itis difficult to match thesuccesses of school. Also,BLSA sponsors Law Day, in previous administrations, I have found the current members to be very supportive of whichBLSA hosts undergraduates in adaylong series ofprograms that provide them groupactivities. Matriculating in law school with information on how to get into law can be difficult, but BLSA is here to help.'' Speaker Says Human Rights Violations in RwandaAre Ignored byPaulßeyer, Contributor WithmediamterestinAfricafocussed primarily on Somalia, humanrightsabuses in other countries onthe continentare almost entirely ignored by the Western world. According to A lisonDcsForges, Co-Chairofthe InternationalCommission for HumanRights in Rwanda, "The United States pays little attention to Africaandvirtually no attention to a small, ruralAfricancountry like Rwanda withno resources ofinterest to us.'* Ms.Dcs Forgeswasthe featured speaker a at forum on October 19th in 0 'Brian Hall entitled"TheInternational Commission as a Model for InterventioninHumanßights Violations. '' Shechronicled her involvement in an international commission investigating human rights conditions in Rwanda. The eventwas sponsored by the GraduateGroup for Human Rights, theBlack Law Students Association and the Asian American Law Students Association and is part o fan ongoing series aimed at exposing and remedying human rightsabuses throughout theworld. Rwanda, a small, densely populated, central African country, beenruled by amonarchysincetlie 16thcentury. Hiegovernment hadlongbeencontrolledby theminority Tutsi tribe,relegating the majority Hutu tribe to a lower class ofcitizenship. Under colonial rule, the government instituted a policy, not unlike that formerly used in South Africa, requiring citizens to carry atribalidentificationcard. Ms.Dcs Forgesrecounted instances ofimmediate capital punishment for not carrying this card. In 1959,the Hutu overthrewthe Tutsi in a violent coup, beginning a long history of violence and torture against the Tutsi. Many Tutsi fled to thecountry' speripheryand organized a guerilla group called the Rwanda Patriotic Front. The goal ofthe international commissionofwhich Ms. Dcs Forges was a member was to investigate reports ofmurder, torture and unlawfulimprisonmentofthe Tutsiunder theadministrationofthe current president of large-scalemassacre ofthe Hutu in 1992. The commission was successful in locatingand excavating mass gravesites ofthe victims ofthe massacres, one ofwhich took place in the backyard ofahigh-ranking governmentofficial. Becauseofthe difficulty in locating exact burial sites, the commission had torely on interviews withlocal residents. Inatellingmomentofrepresentation, Ms. Dcs Forges said,' 'One woman showed us exactly where the grave was because she Uvednextdoorandsawtlireeofhersonskilled in the massacre." The report ofthe commission documented the existence of government-sponsored death squads, military abuses in the formofmurdering opposition troopsafterthey hadsurrendered, massacres, arrests without trials,rape and the burning ofbouses. Itwas also revealed that the government forced HututomurderTutsi aspartofagovernment worksprogram wherebycitizens arerequired to work a few days each yearon community projects. The release of the report and news coverage showing skeletons being excavated from mass graves led many countries torespond. Belgium recalled itsambassador. The U.S.reduced aid to Rwanda from 519.6million to $8 million, including anewrequirement thatmonies beallocated solelyto nonprofits andnotto the government. TheEuropean Community publicly condemned the Rwandan government, calling for an end to price supports for Rwandan products and Francerecalledsomeoftheirtroops supporting the Habyarimana government. Ms. Dcs Forges concluded by stating that she was pleased with the effect ofthe report but thathuman rights abuses are still common in Rwanda,although under a different guise. The government tried to distance itselffromfuture massacres by allowing the police agency, and not the government, to carry out these crimes. Rwanda, Juvenal Habyarimana The commission was i >rganized privately by theopposition party after a particularly violent and willbesponsoringsimilarevents. Thcyplan to focus onthe timely issue ofhealth care at a future forum. - TheGraduateGroupfor Human Rights PEN Prison Writing Committee gives prisoners artistic outlet ©, Dark Marbles © tYlis » d) © byJoeßates, Contributor Theexarnplesofartworkandpoetrythat were grim,sometimesfrightDawsonpresented The Prison Task Force, in conjunction morbid, accounts ofprison lifeand the eningly the UB with NationalLawyer's Guild, Poetics Itshowsthe resignedmindsetoftheprisoners. Department, and the Just Buffalo Literature with inunhealthy bodies, 'potential trapped Dawson for a Fielding ' Center hosted author discussion ofhis workas Chairman ofthe PEN terrible backgrounds, behind high walls" at Prison WritingCommittee. Dawson hasbeen work expressing the harshrealities ofeveryday working withconvict artists and writers for life. Many pieces were heavy withreligious more than ten years, in institutions such as themes (there are alot ofborn-again Christians Attica, Sing-Sing, Riker's Island, and San in theprisons). Sketches almost invariably expressed Quenrin. The PEN Prison Writing Committee objects ofdesirebound byrazor wire, or held was formed in 1972, shortly after the Attica out ofreach by locks and iron. The writing riots. Its annual writing competition draws expressed the experiences and actions ofthe under-privileged, lonely, andsometimes psyentriesfromall over the country; several hundred submissions in the categories poetry, chotic souls thatendup in our prison system. Dawson'sprogramdoesn'tclaim to be fiction, non-fiction and drama are received rehabilitative; it's there just to get the artists each year. Entries are judgesby editors, writers and othermembers of the community in going. Goingwith the hope that they' 11keep it each division,and then winners are selected. up after they leave. Unfortunately, said Dawson, where "The prison writer does not have the luxury ofwriting to entertain... Prison writers prison gives artists the discipline they need to develop their skills, it is frequently lost when writefor the samereasons that writers everythey return to the streets. It is the goal ofthe where write because it's life saving." program to teach them the disciplineand love writesprison author JeromeWashington. Prison literature is often confiscated by of thearts that they'11 need to continue. authorities, and writersabused by guards or otherprisoners. Personal communication is ' 'This programrequires artist and writ' ers,' Dawson asserted' 'notacademics.'' He dangerous because it can be misunderstood. agreat feels he deal working through the gains This oppressive environment breeds real ism; uneducatedrawnessof thesetalented inmates. to be fanciful istoriskyour life. Occasionally sometimes do things because it's a talentedconvicts work together on magazines "People cause,'' explained, he "I do thisbecause good or other projects, but these groups are freto." love quently dubbed subversive and broken up by I — — nervousofficials. November 2,1993 The Opinion 3 �OPINION Volume 34, No. 5 November 2,1993 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: LayoutEditor: Paul H. Roalsvig Ke wnP. Collins Lisa Nasiak Sharon Nosenchuck lAMV < /xVe OvruwE isa\ MAST£RPI£C!£! S* aUtrvu class) corvtct/uns (It spentrnonihsV / < ct, it, /vtr©tKS Vnotes, every caS£ brief, \ / days Od.L-t.in9 hundreds of Vwpotheticals, I Viours oef fectinq &. 7 ) excerpts fro»n'iiornbooks,< V_ ytYgy a. iabl& of contentsJ Evanßaranoff Photography Editor: Dan Harris ArtDirector: KathyKorbuly StafTWriters: Saultan H. Baptiste, JoeKhanna, Tracy D. Sammarco Contributors: Karen Bailey, Joseph Broadbent, Shawn Carey, Bridget Cawley,Eric Dawson, PaulKeaton, BenPierson, Jeffrey A. Schoenborn, JeffreyWeissand Peter Zummo EDITORIAL Let the Truth Be Known What started out early this semesteras justso much gossip and rumor has crystallized into written statements regarding cold hard facts (see article this issue on these allegations). At last Monday's SBA meeting, allegations were made about SBA President Saultan Baptiste's mishandlingofstudent funds. A written report was givenby SBA Treasurer Marc Panepinto to all the parties who were present at the meeting. The report called Baptiste's conduct "irresponsible, unconstitutional, and unethical." Committees have been formed to investigate the matter and contact Sub Board I and any faculty members who may have been in volved in the affair. Speaking generally, it is an absolutely necessary and legitimate request to ask for an explanation from the person whoseconduct is being questioned. These are our funds that are in question. We recognize that human nature being what it is, that no one is perfect andthat we will all inevitably err at some point. Good faith errors injudgmentare one thing, intentional misdeeds another. Those entrusted to manage our monies and distribute them in accordance with our needs and wishes, as interpreted by the Treasurer, must beheld accountable for their acts. Those faculty members who play apart in assisting our studentleaders in their fiduciary responsibilities must alsobe held accountable. It is nottoo much to expect that those people we elect to positions of responsibility will act with greater care and diligencethanJoe Average student.'' After all, they are handling other people's money. Most of us don't manage other person's money, but then again we didn't run for office. Ifthe allegations are true, and if theacts are misdeeds, the trust which we as law students have placed in our Student Government Executive should be seriously questioned. It will then be up to therest of the SBA to decidewhether such misdeeds are grounds for any type ofdisciplinary actions. This paper firmly believes in the tenet that one is "innocent until proven guilty.'' Ifthe acts were goodfaith errors in judgment,we feel that an explanation is still due the student body. The Treasurer will then be haveto be heldaccountableforcallingthePresident'sconduct"irresponsible, unconstitutional andunethical.'' These are serious allegations and they may have severe ramifications for the later career decisions of a student of thislaw school. TheTreasurer in his statementhas also referred tothe previous SBA administration, and has alleged that funds were used last year to fund various types of' 'pet projects.'' Statements like these are easy to make, andharder to substantiatewith facts. We request only thatsuch conclusory statements, issued by a ranking official of our student government, be backed up with facts. False accusations against previous law students carry as much weight as false accusations against present law students. Neither type of statement will be condoned by this newspaper. Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterials hereinis strictly The Opinionis published every two weeks during theFalland Spring semesters. It is thestudentnewspaperoftheState University ofNew Yorkat BuffaloSchool ofLaw. The views expressed in this paper are not necessarily those oftheEditors or StaffofThe Opinion. The Opinion is a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorialpolicy ofThe Opinion is determinedby theEditors. The Opinion isfunded by theSBA from StudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves theright to edit for length and libelouscontent. Letters longer thanthree typed doublespaced pages will beedited for length. Pleasedo notput anything you wishprinted under our office door. Submissions can be sent viaCampus orUnited States Mail to The Opinion.SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo.New York 14260 (716) 645-2147 orplacedin lawschoolmailbox76l. Deadlines for the semester are theFriday before publication. prohibitedwithouttheexpressconsent oftheEditors. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion November 2,1993 Opinion Mailbox The SBA Treasurer's Report Over thecourseofmy first 6 months as money sexistenceearlyinhistenure.andafter SBA Treasurer, I witnessed apattern ofconductonthepartof the SBA Presidentwhichhas made me very uncomfortable. Efforts to curb theseactivities have failed, and as suchitis my Constitutional duty to disclosethis conduct to theBoard ofDirectorsand the studentbody. acknowledging its presence has continually delayed informing law students ofits exist- * Shortly afterhis elec- tionSaultan Baptiste spent over $ 1000onhis course evaluation projectwithoutBoard approval ofthis expenditure. t*AsDirectorofPhiAl- Delta Saultan Baptisteran up a $2100personal phonebill between September 92 and April 93. One ofhis first actions uponentering office was to move $2428 into the telephone line to cover these personal calls. This action took place on 5/4/93. SUNY guidelines prohibit usingmandatory studentfees to cover personal debts. Saultan subsequently reimbursed these funds inJuly,but this does not correctthe wrong. * The SBA budget is much stronger financially thananyoneknows. We began the year with a cash balance of $45,000. We anticipate a surplus ofbetween $37,000 and $41,000for thisfiscal year. Saultandenied this * This semester Saultan committed $ 1500 to the first year face book, and then came to the Board for approval after the fact. * After studentgroups failed to file forms in accordance witha Presidential directive, Saultan instructedthe Treasurer to freeze theirbudgets. The memo dated 10/7/ 93 stated,' 'the following organizations may notperform any financial transactions with SBA." This action is outsidethe President's sphere ofauthority. TheSBA Constitution Article IV, Section 1, A(3), states thatthe Board of Directors'' shall:Appropriate the mandatory student feeand otherrevenue to student organizations according to the By-laws; upon a two-thirds vote, withholdand modifyappropriations ofthe SBA.'' Sincerely, Marc Panepinto SBA V.P. Speaks On Alleged Misuse Of Funds By President Asanexecutiveofficerof the SBA, itis my ethical and fiduciary duty to release the following information suggesting themisuse ofstudentactivity fee fundsby thePresident, SaultanBaptiste. Based on available documents and interviews with involved parties, thePresident, within days oftaking officelast May, allegedly used SBA funds to pay for approximately $2,000worthofpersonal phone calls that he made on a non-SBA phone line during the 1992-93academic year. He was told topay this back, whichhedid twomonths later. Thisgavetheappearance thatSBA funds were usedbythePresident as an interest-freeloan to pay a personal debt. Upon discovering this, I called Saultan during the summer and informed him ofmy knowledge ofthis alleged wrongdoing, thus leaving himample opportunity torelease this information in amanner ofhis own choosing. Saultan was encouraged to handle this V.P. Speaks, continued top ofnextpage �Opinion Mailbox, , V.P. Speaks, continued/mmpreviouspage matter ina forthrightmanner. Three months hadelapsed since I revealed this information to Saultan and he had taken no action; the time for disclosure was long overdue. Discovering and revealing such information is never pleasant. However, I felt strongly that it was my duty and obligation to do so. Pleaseremember that, untilafully investigated conclusion is reached, Saultan is innocent and should be treated as such. I can onlyhope thatthis matter isresolved expeditiously andwith as little damage to the SBA as possible so thatwecan geton withthe business ofproviding services to the students. I havecomplete confidence in the SBA Class D irectors charged with investigating this matter and I am thankful for their diligence and dedicationin approaching this difficulttask. Paul Beyer SBA VicePresident SBA President Responds to Allegations ofMisconduct Dear Fellow Law Students: Asyoumayknow,auegationsofmisconductwereraised by the SBA Vice-President Paul Beyer, and SBA Treasurer Marc Panepinto, at the SBA Board of Director's meeting on MondayOctober2s,l993. Itis my position, that theseallegations are mis-characterizations offact, inaccurate statements of fact, and exhibit a lack ofknowledge as to therole ofthe SBAPresident and the SBA Board ofDirectors. The SBA Board ofDirectors has established a fact-finding committee to clarify the validity of these charges. I support the committee and the Board of Directors in their quest for the truth. Whilethis evaluation is inprogress, itismygoal thatthe operation of the SBA, as a necessary vehicle for providing student services, will not be effected. It is my belief thatthe committeewillreturn withtheir evaluationwithin the coming weeks. Sincerely, Saultan H. Baptiste SBA President The SBA Conflict Zone To theEditor: Meetingsofthe StudentBarAssociation BoardofDirectorshavebeendescribedasaconflictzone. While past conduct maybean indication offutureproductivity, the current Board appeared to be one of action, and relative cooperativeness. During last Monday's meeting the Treasurer accused the Presidentofimproperconduct. Ascanbeexpec ted, themeeting wasreduced to bedlam because thereare no grievanceprocedures. Sixteen ofthe 21 people who currentiy comprise the Board have had no previous SBA experience, and therefore shouldhave been giventhe opportunity toperform their duties inalessaccusatorialatmosphere. Whenthe decisionwasmade to levelthese chargesagainst thePresident, theBoard elected officialschargedwithrepresenting theirconstituents —should have been given the opportunity to develop a viableplan for resolution. Unfortunately, one could conclude thatthe methodology used to reveal the allegations was motivated by something other thangood intentions because there wereno proceduralsafeguards. Somearguethe SBA is too bureaucratic, but adherence to administrative procedures can create confidence in the political machine. Those safeguards giverepresentatives and constituents an opportunity to participate in the political process, trusting that the mechanisms serve to provide equal access, and do not have discriminatory effect. Prior to action, orinaction, the actorsought to be sensitive to the ramifications of their decisions. An alternative approach to the method chosen mighthave created a more cooperative, inclusive and consensus building climate. Instead, selectively targeted segments ofthelaw schoolpopulation whohave historically dominated decision-making were included in the formulation ofthis course ofaction, therefore excluding those personswhose contriburionmightnave substantively assisted in the formulation ofa morereasonable strategy. Unfortunately, thislaw school population isreluctant to discuss race issues,and the suggestion thatcertain decisions made-even inadvertently have racial implication, ismetwith hostility. One must concede that, overwhelmingly in this - - profession, white-maleswieldthegreatest degreeofinfiuence and power. Minorities are provided limited access to the distributionofpowerand informationwhich iscontrolled bythe continued'frompreviouspage majority, whether or not theleader isa minority. Asthe investigation ofthe charges continues, theBoard ischallenged to begin developmentandadoptionofgrievance procedures and incorporate theminto the SBABy-Laws. Despite divergentpolitical perspectives/agendas, the Body can work together to address and satisfy the needs of the student population in aless rancorous manner. Marjory Avant 2L Class Director, and President ofthe BlackLaw StudentAssociation SBA is Unprofessional To the Editor: who wishnotto participate inthe protestremovethe' 'closet?'' Didlhavetherighttoremove the LGBLS "closet?" Ifsimilar protests willbe permitted inthe future, will students beallowed to remove the "closet?" Will precautions be taken so that groupsofstudents draggingtwo-by-foursaround willnotinjure themselves, others, or create violent confrontations? I think that you would agree that interactive protests involving unavailable free standing structures pose legal and practical questions. I would greatly appreciate any thoughts thatyoumay have aboutmy above questions. WhileI wouldbe happy to discuss these issues withyou, I would greatly appreciate awritten response sinceyour guidance might be help ful to future student interviewees and military recruiters. Thankyou foryourtimeand consideration. Sincerely, OmarDennis I was present, inmy capacity as an interested studentand activememberofastudentorganization,attheOctober2sSßA meeting, wheretheTreasurer presented various specific charges Desmond Should Release Scores against thePresident. Iwas appalled at the conduct displayed, seemed reasons: REPRESENTATIVES To Joel Sunshine and theDesmond MootCourt Board (1) The SBA fortwo information gotthis aminute moreinterested in whythey only As a participant in this year's Desmond Moot Court before the meeting than in addressing the substantive issues voiced 2 L by were several represenpresented. Theseconcerns competition, I would like to thank the Moot Court Board for the first by (2)Thevery as Presidentand others. runningagreatcompetition. Itwascertainlythemostinteresttativesas well in my 1 1/2 years here ai ÜB. reactionofmany (but fortunately notamajority) ofour REPREparticipated ing event I have SENTATIVES wasto gointo "executivesession." Although However, there is onearea wherethe MootCourtBoard isquite this motion was eventually defeated, it was defeated by a deficient:PLEASE RELEASE OURSCORES. narrow margin. Apparently the presence ofa number ofinterWhy doesthe DesmondMootCourtßoard insist onnot ested students whocare about how OURSTUDENT FEES are releasing both oraland brief scores on a timely basis? The spentunnervedourREPRESENTATIVES. Desmond competition was soldto the participating students as First, ifthe directorshad been doing theirjobsasreprea learning experience. Regardless ofwhether youwon orlost, their constituencies, touch with themerefactthatyouparticipatedwould be beneficial. Inorder sentatives, and keeping in least have been aware of at some the to get this benefit, particularly for those that didn'tmake the many ofthem would to Itistheirjob beaware atthemeeting. Board, weneedsomefeedbackas to how weperformed. Below problems broughtup of student concerns and to bring these concerns to the SBA! are my reasons why scores should be released immediately: Second, if they haven't been paying attention, then they are 1. Many students wouldlike to use theirbriefsas writing they to when are informed. Some complain hardly ina position samples. However, withoutanobjective scorefor the brief, we me, student, were someone like amere directors haveno ideaasto the quahtyofourwork. Thisbriefisworthless indignantthat know I'mnotthe I But only had any knowledge oftheproblems. as a writing sample without some type offeedback before message here, voiced The complaints. one whoknew orhad sending itto aprospective employer. know don'task won't questions you 2.Withoutknowingourscores,wehavenoideaastohow Directors, isthat ifyou what'sgoingon weperformed. Weconstandy complainthatourprofessorstake Second, theutility and purpose ofan executive session forever to gradeourexamsand then provide ho feedback as to onthis matter ishighly questionable. I was honestly at a loss ourperformance. Weareleftwondering howwedid throughout to understand why this course of action was necessary or ourlaw school career. Then, as students, we dothe same exact desirable. If the SBA cannot conduct itselfin a professional thing. By releasing the scores, you will enable the students to manner, so that it has to exclude those people who are most identify what their strengthsand weaknessesare and make this interested inthe proceedings,then the value and purpose ofthe a truelearning experience. wholeorganization mustbe questioned. Is itpossiblethatour 3. WhyIhe secrecy? Theßoardclaimsthatmembership REPRESENTATIVES are justonapowertrip?Thattheyhave to theBoardisbased solely on the scoresaccumulated during noreal interestinrepresenting anyone? If this is notthe case, the competition. If thatis the case, then whyare the scoreskept thenwhy should a session dealing with this issue beclosed?The secret? charges were specifically against the Executive for actions 4. The scores for each competitor have already been taken in his officialcapacity. I,for one, am very interested in computed. The timenecessary toprovide them tothe students knowing how myREPRESENTATIVES plan to address the should notimposesuchaninsurmountable burden totheBoard issue,and obviouslyI also want to know whatthey saidand did particularly in Ughtofthe educational benefits that the scores at the meeting, and how they voted. This is no differentthan will provide forthe participants. WhileI realize thatthe Board keeping tabs onyourlocal Congressperson(Congress, by the members have put quite a bit oftimeinto this competition, so way, never goesinto' 'executive session) and the SBA cerhavethecompeutors. Onaverage.acompetitorhasputinover tainly rise to that level. Or can they? 100 hoursofwork. Certainly two orthreemorehours spread among 40 members shouldn'timpose alarge burden upon the Board Cindy Lapoff,2L 5. The Desmond MootCourtBoard ispartially student funded. They havea responsibility to fully inform thestudents Protesting theProtest aboutthe scores. Itis ourfeesthat helpmake theDesmondMoot Dear Dean Boyer: Courtßoardpossible. Ihaven'theardonesoUdargumentfrom anyßoardmemberastowhy the scores aren'treleased. Theone I am a law student who was recently affected by the most mentioned is "tradition". It's time we stop the time Lesbian, Gay andßisexualLawStudents'(LGßLS)protestof honored traditionofsecrecyand properly informthe students. JAG Corps interviews on campus. I believethaterecting freeFortheabovementionedreasons,limplorethe Desmond standing structures, such as theLGBLS' "closet," that force Moot Court Board to reconsider their decision concerning students to participate in protests, isan inappropriate protest releasing scores oftheDesmondMootCourtcompetition. The thatshouldbeprohibited. benefits to the participating students clearly outweigh any I discussedmy concerns withUniversity Vice President concerns thatthe Board may have on this issue. Do the right ofStudent Aflairs, Dr. RobertPalmer, prior tothe demonstrathing!!! tion. Dr. Palmer told me that it was the Administration's Sincerely, position that this sort of protest falls under the protection of DavidNemeroff,2L freedom of expression. Dr. Palmer also explained that he discussed the protest withyou. Stick To Your Guns I was, and still am, disturbed by thenotion that a group To the Editor: ofprotesting students can force others to participate in thenprotest by building astructure thatmust beentered in order to Iread withkeen interestyour editorial"Let'stalk About lawfully assemble. That is why I was surprised to seea photo Guns." It is excellent! ItappearedintheSeptember2l,l993 ofyou, in the October 19 issue ofThe Opinion,removing the issue ofthe Opinion. "closet" so thatyouandCapt Camarella could enter theroom Keep up the goodwork. without being forced to participate in the LGBLS protest. Seeing thephoto ofyou removing theclosetmakes me feel that BestWishes, you might understand my objection to being forced toparticiMr.BedrosOdian pate in theprotest. However,knowing thatyou didremove the ' 'closet brings some questionsto mind. Opinion Mailbox, continued on page 6 I fprotesters arepermitted to build a' 'closet," may those ... November 2,1993 The Opinion 5 �Opinion Mailbox, A Few Suggestions AnOpen Letter the Administration ofUBLaw School: My name isKarl Obine. I graduated fromUßLaw School in May ofthis year. I have a few suggestions on how you can improve yourlaw school. Firstofall, your faculty statement, whichis unconstitutional, should be dropped. Apparently, no one toldy ou that the First Amendment applies to you and you must respect each person'sright to speak out, even ifyoudon'tlikewhatheorshe says. Peoplehavearighttocriticizetheirgovernmentandeach other. Ifyoufindit''offensive''or"disrespectful, "toughshit! Wehave aright to criticize otherpeople who we consider to be' 'politically incorrect.'' But itis important toremember that thosepeople who are' 'politicallyincorrect also have the continuedfrontpage 5 To avoid confusion, I justtellpeople I hada B average in law school(but to be honest, I think ifI had been tested on law in a traditional grading format, I wouldhave had an A average). Students shouldbe tested objectively on substantive law. The opinions ofyour professors should notenter intothe grading process. Youneed to improve yourresearch andwritingclasses (ifyou stilloffer them). A practical, no-nonsense approach to legalresearch shouldreplace youresoteric approach. There is abook called Legal Research-How toFind and Understand the Law by StephenElias. Thisbookispublished by Nolo Pressand itis excellentfor learning aboutresearch materialsand skills. Theresearch andwriting classthat I tookmaderesearch seem complex, but there is really no need to complicate things as muchas you do. Thebook thatI recommendedis much better than theresearch and writingclasses that I took. Students can teach themselvesresearch by using thatbook. I shouldnot have to plead withyou to implement these policies. These policies should be obvious to any reasonable person. Imusttellyouthatthebad wordaboutUßLaw School is getting outto employers. The emperorhas no clothes andyou right to criticize us. We can't claim a right forourselves and deny it to other people. That's why your faculty statement is invalidand should be ignoredby every one. Students and faculty who speak outshould notbe harassed, intimidated orrailroaded out ofthelaw school. Don't shoutanyonedown. I paid a lot ofmoney to be taught law, nottheory. Your professors should be required to teach law first and policy need to dress himbefore it's toolate. Hopefully, ifyourschool second. Students deserve to learn the law so they can pass the implements these changes, it will be known as a respectable bar exam and be good practicing lawyers. Please cut the crap place oflearning insteadofaplaypen for left-wingrejects and and teach more substantivelaw. asinking ship. Sincerely, It is no secret thatfaculty atUB Law School is politically homogeneous. Being exposed to differentideasis importantto aperson'seducation. Youhave chosen to insulate yourselves KarlObine and your students fromdifferentideas. Perhaps you are afraid UBLaw School of debate or just don't want to hear other people's ideas. Class of 1993 Whatever yourreasons, youarerobbing thestudentsofvaluable Rights'? learning experiences. I considermyselfliberal, butlfound that attending a law school staffed exclusively by liberals was To theEditor: boring. There are too many rabid left-wingers among your " All we wantisourhumanright was the grammatically professors and student body. They have afanatical self-righ- incorrect plea directed at me by the Lesbian, Gay, Bisexual teousnessunmatched by any Bible-thumping preacher. students(LGBLS) as I wasforced towalkthrough their''closet Your law school definitely needs some conservative demonstration to attend a US Army JAG Corps information pro fessors and more conservative students. Having a teacher session. I have heard ofmany humanrights, but Ihave never with differentideas can help everyone seetheirown ideas in a heard ofthe humanright to jointhe Army. Being a beneficial new light. If nothing else, diversity can reduce bigotry by soul, my first inclinationwas toassume thatthesewerehuman showing us thatgiven thecomplexity oftheworldand itspeople, rights scholars,anew formofwhich Ihad notyet encountered itisnotpossible foroneperson to haveall theanswers toallthe atUB. However, upon closer examination, Ihave discovered issues. Please get diversified. that these were protesters with an agenda ofpsycho-social I thinkyour foolish grading system shouldbeabandoned. propaganda and desensitization not even remotely related to What 'Human humanrights. I have sincenoticed that the display case in front of thelaw schoollibrary has been appropriated by theLGBLS. It contains anumberofdocumentsrelating to and promoting the homosexual agenda, including so-called "tasteful" photographs whicha kinder, gentlergeneration ofAmericans would probablyrefer to as' 'pornography.'' One item on displayisa movie-sized poster oftwo women, onewith exposedbreasts, engaging in homosexual activity. Whiletheostensiblepurpose ofthese pictures is to educate, I hardly believe the general public is unawareofwhat gaypeopledo with eachother,northat they care. One is left to conclude,rather, thatthe display is in fact a cynicaland deliberate attempt to desensitizeand indoctrinatepeople to homosexual acts. I find the display offensive in that it is yet another manifestationoftheintrusivenature ofagroup ofpeoplewho define themselves and their subculture in terms of sexual activity. Homosexual rights activists have been saying for years thatwhat harmless acts people perform in the bedroom shouldbeofno concern to thepublic, andthe public haslargely come to agree. Whatpurposedoesitnow serve forhomosexual activists to expose theirintimate behaviors topassers-by? The message seems to be: itisn'tfor the public to justignore them; theprivacy ofthe bedroomistoo conshaining; "acting up" is preferable to sitting back. They now claim some undefined right to speak openlyabout their sexual activities in public, at work,in the militaryand even in elementary school classrooms (Remember the tale ofMario's "two dads," which children wererequired toread inNew York City schools?). Thefact is,thereare not onlylegal constraints to free speech, (it's called "insubordination in the Armed Forces) there are also legitimate institutional and proprietary ones. For example, a heterosexual, constantly referring to his sexual orientation in public would probably earn the reputation of being boorish, unpleasant and undesirable company. For the sake o fdecorum, hemay be lawfullyreprimanded orfiredfrom his job,much to thereliefofco-workers. Though hemay infact be mentally or socially handicapped, no reasonable person would think ofgranting this obnoxious character special protected status. No caring parent wouldwish himtoteach Sex Ed orany otherclass, in theirchild'selementary school, norwould they wanthim tolead atroop ofBoy Scouts. Yet, Gay activists wishus totolerateanalogous behavior on their part, and whine ...Rights, continued onpage 13 Commentary: Not HappyWith Jessup Competition byJayChatarpaul Last week,I,along with only 13 other students, competed in the two preliminary oralrounds ofthe Jessup Moot Co urt competition. Virtually all seven judges gave me excellentreviews. During (lie oralevaluation immediately following the presentations, mostofthe judges toldme thatmy' 'presentations were veryeffective.'' They said that they were very impressed " withthe way I handled their questions,my knowledge and interpretation ofpertinent sectionsofinternational laws, and thatI was ' 'very persuasive. "My brief, according toonememberof the Jessup Board, was "very good.'' So why didn't I even make the finals, let alone the team? In the words of one member ofthe 'cssup Board, and a former member oflast year's team, "{l} didn't fit the typicalprofile ofaprospectivenieui am." lam not a "tall white mah wr an 'attractive white female," nora "tall African-American male, or''an attractive A frfe si-American female.'' Forgive me, I am justa simple G iivanese-American male, who misunderstoodthe purposeand reasons for thecompetition. Based on the comments ofthisBoard member, and the following, I can only infer ii selectionofthe finalists was driven by favoritism, nepotism.unprofessionalism, and ignorance. For instance, several students who didmake to the finals, and who perhaps n to become members ofthe team, fit perfectiy well into the highly desirable I .although somereceived unfavorable onts during theirfirst preliminary oral presental ion (according to somepeopleconnected with the event who declined to be identified). Unlike myself, some of these students areclose friendsand enjoy amicable relations (not romantic) with some of the members oftheBoard. Why holda competi6 The Opinion tionm thefirst place? Membersofthe Board should just choose four oftheir who fit the profile. Do awaywiththe competition. This,it seems to me, would be a better solution, rather thanwasting other student's time. In another instance, one judge, who gavemeagoodoverallreview.wrotedownon the evaluation sheet that I displayed "an accent!'' My firstreactionwasanoutburstof laughter. That judge showedhis ignorance of an important organization ofthe real United Nations. When thatjudge educates himself, he will surprisingly discover that very few English-speaking countries are members of theU.N. Thatis,judge,rnostmembersofthe U.N. speak with an' 'accept!'' On another participant's evaluation sheet was written the phrase "Hedidn'tknowhisshit."That student was another minority whodid notfit the desirable profile. Unprofessionalism? Yes, to put ittactfully. Such inappropriate evaluations are not surprising considering that many questions posed to me by these make-believe judges(who are actually practicing lawyers!) were so simple that anaverage high schoolstudent, having read my brief, would have beenembarrassed to ask. In contemplating whether to raise this issue, Iasked somelawyers for theiradvice. Mosto fthese students said thatconducts such as those discussedabove are prevalent in our society and in courtrooms across America, and very difficult to change. Ifthisistrue, then why do law students have to take a mandatory class in legal ethics? Eveniftrue, thefuture lawyers ofAmericamustaspire to change that whichis wrong. Even iftrue,the future lawyers of America must aspire to change that which iswrong. Most people in our society generally dislikelawyers. Some say that many lawyers lack some form of ethics. Society will continue to dislikelaw...Jessup, continued onpage 14 November 2,1993 © >93-94 distinguished Speakers series Cjjecomgje ik Willi political Commentator IIEBBWWII I^^^B Wednesday, November 10,1993, 8:00p.m., Alumni Arena '; f r ; affs irH —1 .*- *|l t —a Bwf €% Ii m llwwirFfliiifl ftVJlBHwf HiV llMiifilffliililiffl IBH �Is the Superfund ProjectWorking? by JoeBates, Contributor rently -1200 sites), and to find non-public is being financedby the P.R-P.s (responsible sources offunding the effort. It is estimated parties) under the Superfund's strict liability OnDecemberl2,l9BoCongressauthorizedthecreationofthe 'Superfund' program, that by the year2000, there will be 2100 sites policy for site accountability. The policy designed to clean up toxic waste sitesaround on the list; and with an average cost of $25 creates4categoriesofP.R.P.s:currentownermillion each,the totalbill willrun upwards of operators, past owner-operators, those who thecountry. TheSuperfundprojectisupforreknowingly had waste transported to the site, authorization next year, and the debate has $52 billion. But is the Superfund Project working? andthose who generatedthe waste. In fact, as alreadybegun as to howsuccessful the program Mugdan said,manyP.RP.selecttodothework At first, the projectwas plagued by bad manhas been, and where it needs to be changed. OnWednesday, October22, theMhchell agement and unrealistic expectations it can themselves, since they can dothe work quicker Lecture Committee sponsoreda lecture on the take decades to clean a site,which at firstgives (read: cheaper) than the government. Intheabsenceofthe SuperfundProgram, legislation and it's accomplishments. The the appearance thatnothing isbeing accomguestspeaker, Walter Mugdan, istheDeputy plished. Thebadpressfromtheseearlyyears, sites wouldnotgetcleanedifthecostexceeded Regional Counsel for Region 11,(New York according to Mugdan, has carried on to the the value ofthe property. Since the Program City), oftheEnvironmental ProtectionAgency. present. Although only 100 sites have been started with itspolicy offuture and perpetual Mr. Mugdan has been alawyer withthe E.PA. deleted from thelist, a significantmajorityare liability, thousands ofpotentialproblem sites for 18years,andlecturesontheprojectatPace in the cleanup stage, meetingorexceedingthe havebeen cleaned in an effortby companies to deadlines set in the 1986 amendments to the avoid government intervention. Thisfear has UniversityLaw School. According to Mugdan, theSuperfundhas statute. "It takes a lot of time to spend big actually been a guiding force in the developmentofa corporateenvironmental awareness, bucks.", he explained. two primary purposes: to cleanup the hazardavoiding future liability by better resource Atpresentover7o%ofthecleanupwork ous sites on the National Priorities List (cur- - management. Actaalfy,Mugdan believesthis policy has put scientists and companies on notice that theyare responsible for the detrimental effects of what they do, even ifthey work withinthe letterofthe law. Hementioned genetic engineering asan exampleofanemerging field made aware ofit's responsibilities through Superfund policies. To be sure,there areotherenvironmental problems thatcarry greaterrisksthan toxic waste sites: ozone depletion,urbanair pollution,indoor radon gasaccumulation, and loss of wetlands all pose greater threats to our healthand the welfare ofthe planet. These all share political and economic difficultiesthat make it difficult to work up a solution. The Superfund problems, on the other hand, are uniquely solvable. There are a limitednumber ofsites;and ifyou spend the money, they can be cleaned. More 'User Friendly' Health Care Could Avert Litigation ByDr.HarryA.Sultz, Contributor hospitals as a refuge. Patients receiving this chanty were thatattitude would lastlong in today's economy. The differenceis that whenmisunderstanding sand comshown thatpoorcommunication expected to be gratefulfor the shelterandthe nursing careand ;n doctors and patients isthe singlemost common cause even for the opportunity to lend theirbodies and illnesses for munication breakdowns occur within hospitals, already anxious patients and their families become distraught and medical practice. practice litigation. Moreover, healthinsurers increasBy 1900,propertraininginnursing,adequateanesthetics, angry. They may feel vulnerable and reluctant to act in the ingly believe that good physician-patient relationships can decrease both malpractice suitsand unnecessary surgery. effective methods ofantisepsis and sterilization, and other health care setting butafter theyleave, angry patients become Itis clear thatwhat patients wantmost isa chance to tell medical advances had transformed hospital practice from litigious patients. Admittedly, many hospitals are developing anew style merely supplying shelterand meager care to the needy and their story and thenreceive clearand understandableinformationabouttheirproblemandhowtosolveit Yet, research tells contagious to providing skilledmedical, surgical,andnursing of patient-providerrelationship that gives patients increased autonomy and provides the counseling patients need to make us that doctors,on theaverage, interruptpatients withinthe first care to the entire population. 18 secondsofan interviewandspendlessthan two minutesof The attitude persisted, however, that hospitalized pa- more decisionsabouttheirown care. ThePatients Billofßights a twenty minute session imparting information. As a result, tients, removed from their usual social environment, were in is prominently displayedand patientombudsmenareemployed a dependent relationship with charitable authorities. Vestiges to help resolve complaints, 60%ofpatientsleaveadoctor'sofficeconfusedaboutinstrucBut, whatmosthospitalshave not done effectivelyis get tionsandmore than halfofnew prescriptionsare of the idea that patients should feel favored to be in the hands of profes- people to be "nice" to each other. Study after study has improperly or not atall. sional superiors who can and should documented that, even withunexpectedly poor outcomes of Why such indifference about effective decide what is best for them have treatment, effective and courteous communication between communication when even competent doctors care-givers and patients would have satisfied potential litisurvived tothis day. whofail to establish rapport ormake sure paUnfortunately, the public has gants and preventedmany lawsuits. Hospitals andpatients tients have realistic expectations find thembeenconditionedtoreinforce thisphi- have come a long way from the "almshouses" of early selves defendants in malpractice litigation? America. It is time to have a more commonly understood losophy. Otherwise assertive, indeSurprisingly, the often strainedrelationpendent individuals tend to become expectation ofhow patients and the peoplewhocare for them shipbetweenpatients andhospitalpersonnelthe doctors, nurses, technicians, therapists and passiveand dependenthospitalpatients. should relate to each other. Hospital care-givers are too However, the impressive technology capable and patients too deservingofciviLand competent care, others—isrooted in the history ofmedical care thatsets thetoneofhospitalsofthe '90s to tolerate arrogant orcontentious behavior. and, particularly, that ofhospitals. Early AmeriHarry A. Sultz, DDS, MPH is Professor ofSocial and is not enough to counter the need ofa can hospitals, or ' 'almshouses'' as they were to Preventive Medicine and Director of the Health Services called, servedquite differentpurposes fromour more sophisticated public betreated were Research ofthe School ofMedicine and Biomedical Program present institutions. They founded to shelisindividuals andequals. Regardless Sciences, terthe aged dying,orphans,andvagrants,and to SUNY/B. ofthe source of payment, all patients protect the general public from the contagious sick and the have everyright to expectthe common courtesies thatmake life's transactions dignified andbearable. dangerously insane. Persons with family or the means to obtain medical or Nevertheless, many hospitals still seem to expect that nursing careathome never enteredovercrowdedand unsanitary patients should shed their statusas individualsalong withtheir hospitals thatofferedlittleornomedical care. In fact, hospital clothes. Toooften they areexpected to be "good soldiers" and patientswere somiserable andtheircircumstances so appall- calmly accept discomfort, delay, and inefficiency without ing thatreligious orders saw volunteer service in hospitals as complaining ortaking action. Insteadofreceiving comforting a spiritual outlet for those seeking salvation through good support and information, it is not unusual for patients to be works. ignored, rebuffed orscolded for asking questionsabout the ir Later, physicians who wanted aplace to practice surgery concerns. Too frequently, otherwisecaringand empathetie and obstetrics and to teach medical students, separated the health care pro viders become impatientand non-communicaphysically sick from the vagrants, criminals,andthe mentally tive because ofthe frustrating nature of their work. Their fttytmw ill and put them in facilities more property called hospitals. indifferencetoapatient'sneedsforinformation, comfort, and lUm**i>4,?TodayiiN<».2mi-EUetio*Day. Those poor patients, however,were considered tobeunavoidhumane contact is the most common complaint about the able burdens to society for whom communities provided hospital experience. Indeed, no retaileror service vendorwith EForyears,researchhas r Remember ToVote Today! , ...Moot Court, continuedfrom page 1 ously stated that doctors would only be punished ifthey were awareofthe patient's intent tocommitsuicide; thus, there wasno dangerof over-inclusiveness oruncertaintyaboutwhat conduct would violatethe statute. Munro concluded by asserting thatthe statutewouldnotinterferewithanyofadoctor's dutiestowards hisorher patientbecause doctors do not have a duty to assist theirpatients in killing themselves; in fact, they have an affirmative duty under the Hippocratic Oath nottogiveapatientalethaldoseofmedication ifthey know thatthe patient intends to commit suicide. After announcing their decision and conceding thatthePetitioner's argument was more difficult, the judgescomplimented the participants on their performances and gave anecdotes about their ownmootcourt experi- ences. Judge Denman also gave herannual comment that the participants were better prepared and morearticulatethan lawyers she encounters incourt. All four finalists received BAR/BRI scholarships for theirperformances. Awards were also given out for best briefand best oralist. All participants in the competition are also qualified to participate in the Mugel Tax Competitionthis spring. However, for thoseof us who could not or did not participate in Desmond butwould like to participate inMugel, think again. The Moot Court Board has graciously and arbitrarily decided in its "infinite wisdom" that onlythose who participated in Desmondare allowed toparticipate inMugel. Does that sound like a fair decision? Other Desmond AwardWiiiners L BestOralists: #1 JoshuaKimerling #2 Sharon Pigman #3 Patricia Swolak I BestßriefAwards: #1 Joshua Kimerling and JohnMunro #2 Pamela Koplik and Susan Sanchez #3 Elizabeth Bergman and JeremyBrown #4 Charles Smouse and Marianne Rodgers #5Kathleen Linhardt and Antoinette Bonsignore November 2,1993 The Opinion 7 �...Misconduct, continuedfrompage 1 Anatomy Of an SBA Meeting byJosephBroadbent, Contributor Whatreally goes on at an SBA meeting? UnlessyouareamemberoftheSßAor have attended a meeting, eithera) youdon't know,b)youdon'tcare,ore)both. Before! attended theOctober2s meeting, I wasblissfully ignorant ofwhat transpired at a typical meeting. Nevertheless,I was somewhat curious aboutwhatoccurredatameetingof the bodywho supposedly represents thestudents' interests. The meeting opened with a lectureby President Saultan Baptiste in which he set down disciplinary guidelines and rules of conduct for the meetings. I was more than a littlesurprisedto learn that in previous meetings, members routinely walkedaround talked amongst themselves while other members were speaking, and left in the middle of meetings (conductwhich occurred thatnight despite Baptiste's lecture). Ifthereisoneword mataptly describes the overall tone ofthemeeting, it is "sluggish." To saythatprogress was sometimes slowis somewhatlike saying thatBuffalo in January is a little chilly. It took fifteen minutes just for the Board to approve and adopt theminutesfromthepreviousmeeting, duein large partto members'adamant insistence onchanging who seconded whatmotion regarding a particular issue. Perhaps the most telling example of sluggishness occurred towards theendofthe nearly four hour meeting when it took the Board twenty minutes to decide whether it would be better for the Board to discuss economic issues every two weeks orevery four. Why shouldthe SBA concernitselfwith the more pressing issues that have a direct impact on the lives oflaw students when it can devote twenty minutes to such aburning issue? The lecture on proper conduct was another example oftime which shouldhave been better spent Aside from the fact that elected studentrepresentatives shouldn'thave to be told notto leave the meetings or not to talk to each other whileanother member is speaking (things which should be self-evident), it is disconcerting to realize thatother issues had to be set aside for a lecture that seems moreappropriate forgrammarschool thanfor law school. lalsogottheimpressionthat there was a distinct level ofantagonism among the Board members. Certain members felt no compunctionin implyingorsimpry declaring that other members were liars, unethical, politically motivated oreven racist. While in some cases, the accusations were "modified " orapologized for, one wonders whythe speakers didn'tminkbeforetheyhurledmud rather thanafterwards. At times, it also appeared thatcertain rules ofthe meeting were being used in an inconsistent, antagonistic manner. While I recognize that the rules are important and must beadhered to byall members, I cannot eliminatethe sense that some members were using the rules in order to strike out at other members for onereason or another. Some rules seemed to be used simply to interrupt other membersortoprevent them fromspeaking at all. I wasalso struck by thefactthat there was aconspicuous lack ofsufficientchairs for theBoard membersand any observers. While this might seem trivial, onehas to wonder if this lack of adequate seating is intended to discouragethe studentbody fromattendingafter all, who wants to sit on the floor for almost fourhours straining one'sneck looking up at the' 'elevated Board members? Perhaps this was a simple oversight, but it is extremelyunlikely that every otherroom in o'BrianHallwasinuseat6pjn.onaMonday night In the SBA's defense,at times I was impressed bystatements indicating the members ' concern for their position. This was especially brought out in the debate over whether to go to Executive Session (which prohibits anyone who is not on the SBA's Executive Board from learning about what transpires in such sessions). Some members emphaticallyargued that the students have theright to know everything thatgoes on in SBA meetings and thatgoing intoExecutive Session indicates secrecy and an attempt to hideinformationfromthe students. Thankfully, this view prevailed and the students were not denied the information they are entitled to know. However, the possibility stillexists that theBoard can go into Execu tive Session in some instances androb students oftheirright to know whatis going on in the meetings. Boardmembersare forbidden from discussing anything that is said while in Executive Session, which means that the students who elected the members can never find outwhatoccurredor what was saidin those sessions. It is difficultto believe thatthereare issues so importantand sensitive that they should be hidden from the students. Indeed, the more important the issue, the more imperative it is thatthe stu dentsare informed ofactions or discussions concerning the issue. Overall, the SBA indicated its similaritiesto Congress: therewasaconsiderable amount ofdelay and foot-dragging, debates became heatedand sometimes personal,and relatively little was accomplished as aresult ofafour hour meeting (again, in the SBA's defense,the bulkofthe meeting wasdevoted toaddressing the Treasurer's allegations, but I have been informed that the length ofthe meetingand the general tone observed are typical ofSBA meetings). Despitewhathas beensaid, itisa good idea forstudents to show up at thesemeetings, if only to let the SBA members know that someone is watching them to ensure they don'tletwhateverpower they havego tolheir heads (although I'm sure that many ofthe members genuinely care about their positions). Ultimately, the present arrangement withallofits drawbacks is still superiorto the alternativeofhavingno studentgovernment and leaving decisions up to faculty and the administration,whichis a trulyscary thought - -- Special Election — For Parliamentarian/Office Manager Duties Include: Advising on parliamentaryprocedure Maintaining SBA records andfiles Managing the office affairs ofthe SBA Promoting andpublicizing theactivities ofthe SBA Petitions Available Now Due Nov. 5,1993 8 The Opinion November 2,1993 office ~ he had to go to Sub Board to get it. Baptiste responded, in part, by saying that"thoseweremyphonecalls." Baptiste said he was unsure ofhow to properly payfor the phonecalls wherebyhe consulted withformer SBA President William Trezevant, whorecommended the course ofaction thatBaptiste allegedly took. During the meeting, and in a separate interview, he statedthat no person could possibly answer all the charges contained in the reportin 1Ominutes,theamountoftimehesaid wasallotted tohimduring themeeting. He said he feels thatthe Board could have givenhim more time torespond, but chose notto do so. Partofthereason Baptiste saidhe felthe couldn't answer the report's allegations was thathe didnotknowaboutthereportuntil it was handed to himatthe beginning ofthemeeting. Consequently, he couldn'tprepareanswersto the allegations. While it is undisputed that the report wasnot distributeduntil the beginning ofthe meeting,Panepinto disputesBaptiste'sclaim thathe had no knowledge ofthe matters contained in the report and claims thathe brought eachincident in the report to Baptiste' s attention as it arose, but that Baptiste did not satisfactorily address them. Baptiste con- cedes discussing the issues, but denies that they were ever discussed in the way that Panepinto characterized them in the report. Baptisteand some otherSBAmembers havedeclaredthatthe way inwhich Panepinto presented theallegations was unprofessional and improper. Baptiste asserted thathe would never bring public charges against a student withoutproofoftheirvahdity. He saidthat the charges should have been kept confidential until after an investigation. Bringing forth unsubstantiated public accusations, he maintains, is dangerous in any situation but particularly so in this instance because ofthe damage such unfounded charges could do to his law careerand to the SBA's image. Baptiste added thatthere was nothing at all professionalabout the wayPanepinto presented the allegations and characterized the methodas' 'underhanded because Panepinto lied about what he was going to say at the meeting. Baptiste saidthatPanepinto told him hewasgoing to discussastudentdiscountcard. According to Baptiste, this disproves Panepinto's claim that the issues had been discussed prior to themeeting because ifthey hadalready discussed thematters, therewould havebeen noreason to heaboutwhat was going to be discussed. Headded that atthevery least Panep into should have put the matters on the agendaproperly rather thanresort to lying. In response, Panep into reciteda quotation that ' 'procedure is the last bastion for. scoundrels to hide." He declared that the procedure used to issuethe allegations does not change the fact that everything detailed in the reportactualry occurred. He went on to say that Baptiste's claim that it should have been handled differently is "ridiculous and that the outcry about the procedures he used is a resultoftheßoard's"bruisedegos." Hestands behind the substance ofthereportand claims that he tried, unsuccessfully, to remedy the problems with Baptiste and to resolve the matter internally but,whenthat failed, he was obligated by his duty to present the facts. Panepinto maintains that he has sufficient evidence to support hisallegations (some of which he presented to the investigatory committee's chairman at the close of the meeting) and that there is no evidence to supportBaptiste'sclaims. Further,he said that because Baptiste is apub heofficial elected by andaccountable to the students, it wasappropriate to make the allegations public at the meeting. Improper conduct by the President, he declared, implicatesboth the SBA and him in wrongdoing. He feels thatitwashis duty to informtheBoardand the students ofactions he viewsas improper. Panepinto dismissed Baptiste's claim that the actions were politically motivated, emphasizing thathehasabsolutely nothing to gainby bringing the allegations. Further, he maintained that the facts contained in the report are undisputed and that they actually occurred. Hedoesn'tregretbringingtheallegations or thewayhecharacterized Baptiste' s actions in the report. Baptiste declined to discuss follyand to answer each allegation in detail, stating that he would do so in front of the investigatory committee. He did say that if he had done anything wrongregarding the phonecalls,the Accounting Office would have notified the administration (which it didnot do). He remains confident thathe will be cleared ofall chargesuponcompletion oftheinvestigation. Baptiste spoke aboutthe good things accomplished by the current SBA such as the firstyearfacebookandthefact that thecurrent SBA isaccomplishing more than lastyear'sBoard. Healso expressed concern overthe detrimentaleffect thismatter will have on the SBA, but hopes that it will inspire student interest, whichwouldbe apositive result. Heconcluded ...Misconduct, continued onpage 11 Speaker-Tells Muslims How to Survive in America byKaren Bailey, Contributor ' 'America's fivemillionMuslims must meet some crucial challenges if they are to survivein thiscountry,'' said SulaymanNyang, Chair ofthe Department ofAfro-American Studies at Howard University, in a recent lecturepresented by the Muslim Student Asso- nomenon He likened the challenge to choosing between the Sophists'relativist attitude versus Socrates' moralapproachto humanrespon- sibilities. "The [Sophist] approach offocusing on personal pleasure [devoid ofaccountability] ciation. The former Editor ofthe Journal of encourages human beings to use others as Muslim Social Science addressed both Musextensionsofourselves to getthethings thatwe lims andNon-Muslims on the topic, Muslims need; dehumanizing them [others]," he asserted. in America. According to Nyang,the' 'eat drink,and According to Nyang, amajor challenge for American Muslims lies in the area of bemerry fortomorrowyoudie" attitudeofthe personal identity. He emphasizedthe imporRomans is responsible for that civilization's tanceofMuslims addressing who they are,' 'as demise. "Thisisthekindofhedonismandlack Muslims, versus the sociological realities of of moral standards that wiped the Romans America." According to Nyang, Muslims away,'' he saidand emphatically pointed out represent a diverseracial and ethnicgroupand that it could have the same effect here. shouldavoidrace-basedclassifications, which, In his opinion, Muslims need to be wary in his estimation, are within the American norm Headvisedhisaudience against adopting the philosophy "that Islam is a cultist religion for non-whites." Nyang described American Muslims as comprised of people having roots on all thecontinents and emphasizedthe necessity, in thiscontext, "ofconsidering the Islamic identityas primary.'' Another important task for Muslims, according to Nyang, is dealing "with the reality ofsecularfundamentalism.'' Nyang, who believes that this is an apt term for the moralcondition ofAmerica, used Greekand Roman phikisophy tofurtherexplainthisphe- of "American me-too-ism" as well as ' 'Neitschze's superman concept in their attempt to survive. Headvisedhis audience to focus lesson their individual desires and to "think more about the Creator." According to Nyang, Islam's focusonprayer, fasting,philanthropy, and"fear ofGod," has alotto offerMuslims and non-Muslims in resisting the "social darwinismofAmerica. Adherence to these and other Islamic principles, Nyang believes, will aid Muslims to survive in "thisculture ofdisbelief, where people are actually embarrassed to say that theyarereligious,". ~,,,,,,, �New UB Buildings' Janitor Service Goes Non-Union Who are the Winners and Losers in Maintenance Contract? byKevin P. Collins.*ManagingEditor janitors. Rather, positions are filled through The recent World University games in attrition. With the new facilities, Mr. Nayler Buffalo brought muchfanfare and attention to said,the University would notbeable to mainthe city. Itwas also beneficial to the Univertain the services if they had to pay union sity at Buffalo. The attendance at the games janitors. He did say that UB put in a request increasedrevenue for thebusinesses located in fromthe NewYorkStatelegislature inAlbany theCommons. Theparking feesbroughtlotsof for the required funds, but that UB only remoney totheUniversity. And whenthegames ceived two-thirds (2/3) of whatitrequested. had gone,what stood behind were three new The University thus could not afford to pay buildings builtontheNorthCampusofUß. Just what the contract with the Civil Service as the gameshad itswinnersand losers, so did Employ cc'sAssociation callsfor to bepaidto the buildings; theUß Administration decided public-sectorunion janitorsand therefore the to bid the janitorial/maintenance service out decisionwasmade to bid outto asubcontractor to anon-union private subcontractorlocated in forthejanitorservices. The private, non-union Rochester andto nothireunion publicemployjanitorsprevailing wage rate, Mr. Nayler said, ees as in the past with the Civil Service is substantiallybelow whatis paid to the CSEA public employee union janitors,stating thatit Employee's Association (CSEA). was less than halfof whatthe union janitors UB SAYSITIS STRICTLY BUSINESS now get paid. The three buildings that were justbuilt Thedecision to bid the janitorial/main- andinwhichthese non-union janitorsareprestenance servicetoaprivate, non-unionsubconently employed are: the new stadium, the tractor located in Rochester wasmade by Mr. Student Union Building, and the Fine Arts Ronald Nayler, the Associate Vice-President Center. The threebuildings involve a totalof forFacilities forUB. Inan interview withMr. 12-15 employees doingcleaning. Mr. Nayler Nayler, he statedthatthe decisionto goprivate stated that he believes that there will now be and non-union was onemade basically because no sick-timeabuseproblemorworkers' comofbudgetconcemsandrequirements. Hetold pensation claims,alleging thatwiththe CSEA ofÜB's numerous substantial budget cuts in janitors there has been a problem in these the past five years. According to Mr. Nayler, Heagain reiterated thatthere havebeen 20% ofthe operational budget has been cut nolay-offsoftheCSEAunion janitors,norwill during that timeperiod. In opening up new there be. The jobs will be filled through facilities, the new buildings' maintenance attrition; those janitors presently employed services were onearea thathad to be cut. The need not worry about jobprotection. academic services thatUBprovides have to be Mr. Nayler discussed the issues ofcostmaintained at theirconstant level, Mr. Nayler effectiveness, thetightening ofthe budget,and stressed, even with the budget cuts. Thus, the the running oftheState government. He said service industryand facilitiestake the bruntof that given these concerns, the issue here is the cuts. really not one ofprivatization and going nonMr. Nayler went on to explain,however, union nor one ofthe pluses and minuses ofa thateven whilethebudgetcutstoUß havebeen union work force;rather, Mr. Nayler believes heavy, there have been no lay-offs ofunion the issue tobe one ofhow tomaintain thelevels areas. ofservice presently beingreceived, given the janitors. Mr. Naylerresponded to theunionposition that this is a violation of the New York StateFair Employment Act(the Taylor Law), whichcovers public employment TheCSEA claims that the hiring ofthe private subcontractor, non-union employees is in violationof thelawbecause it is past bargaining unitwork. have a job and can get off unemployment. Mr. Nay lersimply dismissedthis, stating that the current collective bargaining agreement Continued employment, he stressed, isa stepping stoneto a higherjob; Mr. Nayler believes thatSUN V has withthe CSEA allows for this that these non-union janitors will advance and that the decision to go non-union was themselves in the workforce through their reviewed and passedby SUNYadministrators present job. If they are between jobs,then this and the legal department. will getthem off ofwelfare and offofthe the THEUNIONRESPONDS unemployment line. Mr. Nayler does notbuy into the argument thatby employing the nonThe maintenance/janitorial employees union, private subcontractor janitors, UB is in essencesubsidizing theprofits ofasubcontracwho are employed by UBarerepresented by a tor thatis not evenlocated in Buffalo. union, theCivil Service Employee's AssociaSome, including the union, have put tion (CSEA), Local 602. Thepresidentofthe forth the argument that these low-wage jani- CSEA Local 602, whichis thelocal for ÜB, is tors whoreceive little or no benefits are ex- Kathleen Berchou. In an interview with Ms. ploited by subcontractors because the janitors Berchou, she statedthat the contract with the (even though employed), still need toreceive non-union, private subcontractor, Sheen & pub he assistance such as food stamps, welfare ShineJnc, which islocated in Rochester, started or housing assistance, just to survive. This as of Sept. 1,1993. Documentation that she public assistance comes from the citizens produced supported this, as acontractencumhard-earned tax dollars. Thus, the taxpayers brance request shows thatUß agreed to pay are subsidizing the subcontractors, because if $705,000.00 to Sheen & Shine, Inc. for custothe subcontractor paid the janitors a decent, dial services in theStudentUnionbuilding, the fair wageand benefits, the janitors then would Fine Arts building, and the new stadium. Acnotneed the public assistance and tax dollars. cording toMs. Berchou, thisfunding encumMr. Nayler disagrees. He stressed that brance request has not yet been approved in thereal issue is thebasecostofthe vendor. Mr. Albany by the New York StateLegislature. Ms. Berchou realized that the current Nayler said thatthe subcontractor/vendorhas to make a profit. The question for Mr. Nayler language in thecollective bargaining agreewas ifthe subcontractor' sprofitwaswithin the ment between the CSEA and UB does not range ofor less than the cost ofUB doingthe prevent outside subcontracting. While acjanitorserviceitselfthroughtheCSEA. In this knowledging thatthere has been no lay-offs case, the answer was affirmative, as the cost Ms. Berchou complained ofthe downsizing ...Janitor, continuedonpage 11 was half of what it would be to hire union continuing budget cuts. The issue is strictly business, according to Mr. Nayler. The non-union janitorsreceive a minimum set ofbenefits under the subcontract, notnearly approaching the CSEA benefits. Yet Mr Nayler believes that the nonunion janitors benefit because at least they THE PASSWORD: 1500 Broadway New York, NY 10036 (212)719-0200 (800)472-8899 (201)623-3363 (203)724-3910 FAX: (212) 719-1421 20 Park Plaza, Suite 931 Boston, MA 02116 (617)695-9955 (800)866-7277 FAX: (617) 695-9386 November 2,1993 The Opinion 9 �ENDS MARINO _ and receive up to £f $150 $75 deposit on Marino Comprehensive NY or NJ locks in the discounted price and guarantees you a seat. 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COMPREHENSIVE has been providing superior bar review 50 yearsapart of our of eSencSl *"* ****"* CaU (212) 663-1000 or (800) J-MARINO for details rate as «than *BAR/BRI, Pieper, or any other course. r» tlitiK UKC fl LdtWyeT, Pass rate should be the #1 criteria in choosing a bar review course. The dCCisiOH iS ObVH)US. * THINKLIKE A LAWYER! Enrollment is limited to 500 students. � MARINO COMPREHENSIVE, 255 W. 99th STREET, NY, NY 10025 (800) J-MARINO or (212) 663-1000 MARINO COMPREHENSIVE, INC. 25S W. 99thST. NYC. NY 1002S (212) 663-1000A800) J-MARINO �Alumni Spotlight: NewYork StateAssemblyman Richard Anderson, '83 by Peter Zummo,i, Contributor This week's Spotlight shines on a UB Law alumni who has made his mark in the worldofpolitics, both at thelocaland the State level. Richard R. Anderson, class of 1983, represents the TownofAmherstandpartofthe UniversityDistrictof the City ofßuffalo in the New York State Assembly. He is, in a sense, our Assemblyman here at ÜB. As ranking minority member on the Higher Education committee, he has an ongoing involvement with UB and the entire SUNV system. I spokewith Assemblyman Anderson at his office onMain Street in Williamsville. In addition to his duties in the State Legislature, RichardAndersonisapracticingattorney. He concentrates onReal Estateand Estates, since he feels thatthis areaof thelaw provides him with the opportunity to practice while still allowing him to fulfill his responsibilities to his constituents. I asked him if he feels being a lawyer helps himin his effectiveness as an Assemblyman. "Ingeneralithelpsinunderstandingthe process thattakes place in governing. On the other side, too many lawyers in the Assembly mighthinderanyreformofthe judicial system that would be detrimental to the legal profession. " Onthe whole, he agrees that' 'there should be more of a balance [since] every profession is a special interest group." Concerning judicialreform, Anderson thinks thataneffortmust be made to eliminate ' 'the backlog ofcases andreduce the volume ...Janitor,',continuedfrompage9 thathas been occurring recently. The CSEA has also, Ms. Berchou informed, filedan improper practiceclaim with thePublic Employmentßelations Board which purports that the subcontracting out ofthe janitorial service is a violation of the New YorkStateFairEmploymentAct Thesubcontractmg violates tne law, Ms. Berchou believes, because itis bargaining unitwork which in thepasthas exclusively beendoneby union janitors. Ms.Berchou also said thatthe CSEA is putting communitypressureonUß. Aspartof such pressure, Ms. Berchou alluded to the national anti-privatization campaign which the CSEA undertakes. She believes thatsuch private, contracting-out takes away public employees' jobs and lowers the living standards ofworkers. In a factsheet oncontracting out atUB, Ms. Berchou addressed the situation and the issues contained therein. No cleaners or janitorshave been laid off. However, CSEA has suffered a steady decline in filled positions over the last 10 years. In 1983,theCSEAhad226filledcleaner positions, 84 filled janitor positions, and 53 vacant lines. In 1993, there are 210 cleaners and 77 janitors. Allvacantlineshave beenlost This is anet loss of76 positions. In addition, the North Campus gross square footage has increased 826,315 during the same 10 years, fr0m4,265,320t0 5,091,6356. An interesting fact, according to the CSEA, is that in 1983, the workforce was handled by 8 supervisingjanitors. In 1993, it takes23todothe samejobeven though supervisingjanitors donotdo hands-on cleaning. The prevailing wage rates for janitors, office cleaners and porters setby theNew York StateLaborDepartmentstartats4.4o perhour andincreasetoss.Bo perhourafterthreeyears. Theaverage hourly rate for astarting cleaner onthe State payroll equates to $7.69 without calculating the value ofhealth insurance, retirement, vacation and sick time. Even so, many ofthe CSEA cleaners need two wageearnerhouseholds ora supplemental source of employment in order to survive. According to the CSEA, although me CSEA cleanersoften work two jobs in orderto Richard Anderson, Class oj 1983 oflitigation, especially civil litigation." He suggests more encouragement in New York State of alternative dispute resolution techniques, similar to programs that have been introduced in other States. He is also in favor ofcaps" on awards forpainandsuffering. He beUevesthatoutrageouslylargeawardstendto encourage litigation, rather than settlement. Speaking aboutthe current trendto disparage lawyers,hereflectedthatperhaps some oftheblameUeswithintheprofession. Anderson thinks that especially on the crime issue, the "general public feels the judicial system has only protected the criminal. Especially where there is a clear indication ofguilt,and the conviction is vacated on technicalities in the law.'' He feels that we as a society have an interest in making sure that those who violate the laws are punished. "Some in the legal profession don't care about society and future victims. They justuse technicalities to get people off. We all have aresponsibility... to see thatinnocentpeoplearenotvictimized'' by criminalslet loose on our streets. Anderson also feels that some more work needs to be done in the area ofFamily Law. Heisconvincedthatwehavecomealong way in equitable property settlements and child support guidelines. He isofthe opinion thatwehavegoodchild support laws now, and that itis timeto properly enforce them. With regard to child custody laws, however,he feels that westillneedreform, keep inginmind "the best interests ofthe child.'' Turning to a subject weare allinterested in,UB Law School, Anderson pointed out that overthelast foury ears, StatefundingofSUNY has been cut by over 200 million dollars. ' 'Withouta significant change in theattitude ofthe Governorand the majority party in the Assembly, theproblems at SUNY willnot be addressed.'' This year, theBoard ofRegents hasrequested an increase of 114million dollars, 81 million ofwhich is targetedjusttopay expected salary increases and basically "to stay even with this year.'' An additional 33 millionistargetedfor' 'priority needs, including9 millionfor infrastructure and 4 millionto live adequately, most ofthe CSEAcleaners are long-term employees. Of2locleaners, only 36 SHEEN& SHINE KEEPS HANDS CLEAN have been at UB less than 5 years. Sheen & Shine is the janitorialservice which received the contract from ÜB. The advance to tradesand otherhigherlevel posiownersofSheen & ShineInc. are itsPresident, tions. Many cleaners are skilled in a trade or Mr. Israel Cuyler and its Executive Vicehave other occupationalor educational train- President, Charles Cuylear. ing. In atelephone interviewwithMr. Israel TheCSEA states thatUßisturning over Cuyler, hesaid thathe wanted himselfand his the custodial care ofthreeunique structuresto company to remain neutral. Mr. Cuyler exinexperienced, and perhaps even unqualified pressed great reservation on addressing the individuals. Thebid solicitations specifically subject. He didsaythathis companybids jobs mentioned the desire to have the successful union andnon-union. bidder use as many University students as Mr. Cuyler statedthathe wouldhavebid possible. thecontractunionifrequiredto bid it union,but thattherewasnotanysuchrequirement. BidTheCSEA purports thataresponsible, dingunionwasneveranissue, accordingtoMr. mature, skilled adult workforce is being reCuyler. He statedthathis companybids conplaced by less mature, low paid employees tracts based on therequirements ofthecontract who will have no long term commitment or andthe specificationacustomerprovides them employment allegiance. with. Mr. Cuyler believes that if he bid the contractunion,then hewould havebeen out of The CSEA states that its current clean- theballpark (andpresumably notbeenoffered ersand janitorsattend regular training sessions thecontract). m ontopics suchas identifying hazardous mateWHO WINS AND WHOLOSES? rials, proper lifting techniques, the properuse and disposal ofcleaning materials, and safe Many issues are raised in this story by equipment operation. They are less likely to the various sides. Should the janitorial conharm themselves, theirco-workers, the envitractgounionornon-union?Arethenon-union ronment or thecampus facilitiesthan outsider janitors less loyal and more likely to cause contractors. The CSEA states thatit wouldbe harm to UBand to themselves? Should the difficult to place a monetary value of the University at Buffalo janitorial jobs which advantage to this claim. historically have gone to public employees The CSEA is seeking support inassist- now go to private employees ofa non-union ing them inpublicizing the detrimental consesubcontractornot fromBuffalo, butinRochesquences ofprivatizing previously state-supter? Is UB subsidizing theprofitsof the nonplied services. They ask that people write to union,privatesubcontractorby giving theconUBPresident Greinerand the Western New tract to the contractor while the contractor YorkDelegation. Legislation hasbeen intro- pays its janitors non-union, low wages with duced (A. 245,S. 4632) which seeks to setthe littleornobenefits? This forcesmanyjanitors parameters for contracting out beyond current to work two jobsand/orreceive public assiscontract language. Part of the legislation tance justto survive. would require thattheeconomicadvantage not Tax dollarso fhardworking c itizens are be the sole consideration inweighing the deci- used to pay this public assistance. Yet do the sion to contract outrather than maintain gov- janitors who do work at least receive some ernmental employees. The CSEA asks the benefit inso far as they have a job,albeita low questions mat in this case, can the potential wage one with no or below-union benefits? savings trulyjustify overlooking thepotential And doesthe financial situation o fUB compel forharm? Is worker dignity and justice ofno it to give the contract out as it did? Just who value? winsand who losesis a choice thereader has restore 800 class sections out of the 3000 sections cut in the last four years. When I asked how much ofthis money wouldfind its wayto UBLaw School, Anderson statedthat whatUß getsis proportionate to whatotherUniversity Centers getper pupil. UB would continue to feel the effects ofthe cuts in every department.'' As for constructing a new building for the Law School, Anderson said thatthere is a better way to go for the present time. He suggests using thefunds thatwill beavailable for new projects at the Amherst campus to increase overallclassroom capacity and thus "retumO'BriantotheexclusiveuseoftheLaw School." No increasesare foreseen in tuitionthis year. Andersonseesnoeffortonthepartofany members ofthe Legislature toraisethe cost of education at SUNY, although the Board of Regents has floated the idea ofraising tuition each year based on the cost of living index. According to Anderson, this proposalis going nowhere for the moment as the legislators realize the impact that the increases imposed on the students inthe past few years have been significant. RichardAnderson,who was wearing his UB pin onhis jacket,said thathe' 'was proud to bean attorney and proud ofthe profession.'' Hissuccesscan serveas a source ofencouragement to all of us, soon to take ourproud place , inourchosenprofession. ,^Misconduct,iconUnuedfrompageB by saying that he is anxious to get the ' 'polities''behind himandretum to doing whathewaselectedtodo: provide service to law students. Clearly.thereare many unresolved questionsleft as aresultofthe SBA meeting which can only be answered aftera full investigation by the committee. The investigation is currently underway,but there has been no date set for the report ofthe committee's findings which will hopefully be publicized to the students. The allegations involved are obviously serious, but itis still important toremember that, even in law school, the accused is presumed innocent. Untilthe committee fully investigates andreports its findings to the Board, it would be inappropriate to pronounce judgmentprematurely. Thecommittee iscomprisedoftwo Class Directors from eachyear. Thecommitteemembers are BenDwyer andElizabethA. Jewett(lLs),NicoleM Holder and DavidNemeroff (2Ls), and JamesLynch and Helen Punders (3Ls). It is common that cleaners aspire to to decidefor oneself. j Probing, j | Timely, j fantn)versial\ j | Join the ! Opinion. November 2,1993 The Opinion j ] I 11 �The Roaming Photographer byDanHarris, PhotoEditor ThisWeek's Question: "Who's Doing Better, Bill Clinton or the Buffalo Bills?" Andres Colon, 3L Alexandra Rivas, IL Karenjudd, 2L "The Bills, ofcourse! They are fun to watch, they have always shown control of " With arecord of 5 and 1, do youreally the gameand the team'sbudget p lans should need to ask?" become financial models to our legislators!" " I wouldn't beable to help youbecause Im fromCalifomia." Nancy Stroud, 2L "It's irrelevant because, when push comes to shove they both lose and back downanyway." MOVIE R EVIEW: A BronxTale is proof that good movies still exist by Jeffrey Weiss theBronx in 1968. Thisenhancedhisability to film's endanumberof underlying similarities Q: Whatdo most ofthe pathetic crop of 1993 are revealed. movies have in common with the New York C' s father, played by DeNiro, is a blueCity style of pizza that they try to make in collarbusdriverwhobelieves that the working Buffalo? man, through his everyday toiland suffering, is A: They both stink. the true hero in our society. He tries to teach It seems that everytimeyou blink, Holhissonabout moralityand dignity, whileconlywood has released another horrible movie stantlyreminding him that thereisno greater that goes from the theater to the video store shameintheworldthan"wastedtalent." On faster thanJoeyButafucco can say, "Ididn'tdo the otherhand, Sonny, played slyly by Chaz nuthin'." The paying public has suffered Palminteri, was the head ofthe local organized through an onslaught ofone dreadful filmafter crimenetwork in C's neighborhood. Sonny another. To illustrate my point, "The Last became indebted to Cafterthe boy witnessed Action Hero" was so excruciating to watch amurderandrefused torat on thelocalkingpin. thatthe Department ofCorrections isrefusing Sonny took theboyunder his wing, butwarned to showitinprison, fearing claims ofcrueland Cnottoget involved withhisway oflife. Over unusualpunishment. Attunes, anindustry that the years, Sonny tried to teach Cthat fear is offers anoverabundance ofNinjaTurtle and more powerful than love. Sonny also told the Christian Slater movies seems hopeless, but boy that he mustultimately look out for himRobert DeNiro's directorialdebut in "ABronx self, and thatC should choose his associates Tale" hasrestored my faith in abranch ofthe wisely becausethey could gethim intoa great entertainment world thatall too often settles deal oftrouble. for mediocrity. C slowly comes of age as the film The film takes place in an Italian sec- progresses towards its climactic finish, so that tionoftheßronx. Itstartsout in 1960,but later at the story's conclusion, he is able to claim shifts to 1968,where mostoftheaction takes thathe finallyunderstood whatbothhisfather place. The story is told through the eyes of andSonny meant whenthey toldhim, "Oneday Calogero.ayoung man who wasappropriately when you're older, you'll understand." It is nicknamed"C." Heiswonderfully portrayed quite evidentthat C's father (DeNiro) had a by Hollywood newcomerLiloßrancato. His great influence on hisability to developmany upbringingwasheavily influencedby twochar- admirable traits, such as his desire to date a acters, his father and Sonny. They possess young ladyofAfrican-American descent,which extremely divergent viewpoints, yet by the was considered taboo in his Italian sectionof so powerful inhis portrayal ofCthatyou will bestartledwhenyou discover thatthis was his appreciateonlythepositiveattributesofSonny, whilerefusing togel involved withtheshadier first cinematic endeavor. Taral Hicks was equally magnificent as C's interracial love aspects ofhis mentor's lifestyle. interest. Through herphysical gestures, moveThe film'slast three scenesare sopowments and ability to express herself, at times erful thatyouaresuretobe moved inaprofound without words, theaudience isable to experimanner. At the end, the entire production encethestress and torment that shehadtocope conies full circle whenCrealizesthat Sonny's motto, "Nobody caresaboutanyoneelse inthe withby trying to datea whitemale in the very volatile 19605. Hercasual demeanoris quite world,"is not tnie. Ironically, this enlightenment resulted from his father's claim that he refreshing and itseemed to steal the camera's had wishedonly the best for Sonny, despitethe focus from time to time. Finally, Chaz fact that he had introduced his son to certain Palminteri, in my opinion, held this film tothings that made him grow up too fast, thus getherby portraying Sonny,themob leader,as causing a great dealofanimosity between the acharismatic, powerfuland attimes moralistic individual. Despite being a despicable twomen. character onthe surface, a hidden caring side This film is extremely stimulating and isrevealed which at times made him likable. thought-provoking. Youwillleave the theater It should also be noted thatPalminteri wrote realizing thateveryone goes through life dethe this mo vie was originalBroadwayplaythat pending on and feeding offofthose around based as well as screenon, thefilm's original them. Each individual can take advantage of play. this scenario or let it lead to their demise. Onewarning though,thisis averypowWhilethis story is moving, you gettheimpreserful, and seriousproduction, and one moving that sion DeNiro wanted to convey mat such thatis not for setting aromantic appropriate common valuable relationships are whenC mood. soft and warm with If get wantto you thewords, with "Thisisjustanother concluded yourfly girlorfavorite guy,then gosee someDeNiro's first at directing Bronx tale." shot thingelse. Theonlythingyou'llgetafterthis resulted ina sharpand focused pieceofwork. The pace was consistent throughout, and the film is apiece ofcheesecake aty ourlocal diner as you discuss howmoving this film was. On background music created an emotional atmothe Weiss scale, out offour Matzo Balls, "A sphere that was quitememorable. The acting was first rate, especially by Bronx Tale" getsthreeand a halfMatzo Balls. theyoungercastmembers. Liloßrancatowas Go see it. UB Law Bookstore offers the latest in law school fashions byM. Bridget Cawley, Conrtibutor To quote thatrenowned intellectual of ourtimeand poet amongst poets Andre Agassi, "Image is everything." OK, maybe it isn't Shakespeare, but it is a valid point. The students,as wellas the powers-that-be at UB Law Schoolknow it, even though they might put itmore eloquently as Dress forSuccess.'' With that inmind, UBLaw School has developed itsown line ofmerchandise to dressup the studentbody. That's right. UBLaw is threatening Paris as the fashion capitol ofthe world. TheUBLaw bookstore is nowselling everythingthe well-dressedlaw studentcould need, from the "Official UB Law Briefs" (boxershorts), to t-shirts, tothealways popular sweatshirt. Not only are the clothes fashionable, they can be worn in the law library no matter what the temperature! The project is the brainchild ofBene Fleischmann, Director ofLaw AlumniAssoto replace 12 ciationand Communications; Marlene Cook, UBLaw School seal,yet thereis somethingfor stand out at theall-crucial interview, there is everyone. Students witha J. Crew style will the "OfficialUß Law Suit Interviewers are find the traditional blue/grey design to their guaranteedtoremember you, even ifthey don't liking. For someone wanting tomake afashion callyouback. (Justdon'ttell Audrey whatyou statement, the purple/gold design is a little wore!) ...LawBookstore, continuedonpage 14 more vibrant. For those students desperate to AssistantDean inchargeo fbudgetand personnel;and AnnaMarieNikander, support staff. They feltthat there wasn'tmuchmerchandise available on-campus designed specifically withlaw students in mind. ' 'Our major objective was to raise school spirit," said Fleischmann. "We felt that having a line of clothing just for law students would help students identify each otheramongst the larger UBpopulation." Cookadds thatthe new merchandise is an easyway for students to support thelaw school. "All themoney weget from sales goes back to support student activities, such as orientation and commencement.'' ' 'We tried to get the finest quality at the best value," says Fleischmann. ' 'We're not Lord andTaylor. We don'ttake returns or giverefunds, but we give youa betterbuy.'' The clothes available through the bookstore are the onlyitems with the official The Opinion November 2,1993 HDanaris by Phot Law studentsmodel theLawBookstore's new merchandise. �The SBA Halloween Party Opinion Mailbox, ...Rights, continuedfrompage 6 ' 'oppression iftheyare outcastfor detailing and promoting theirsexual orientation. Like throwing gasoline on apileofburningtires, this hypocrisy is stoked by thecapricious institutional supportofthe Law School. The Faculty and Administration shieldhomosexual activists with the legitimacy, special privileges and extra rights which come with the much-abused title' 'minority. '' Why arehomosexually expressivephotographsconsideredappropriate forofficialdisplay? Areall sexually explicit photographs now appropriate? Why is thisapproved or quietly acceptedby the faculty whileanother similarform ofexpression,campaign posters showing a gun and cowboys, isreviled byProfessorMarcusas "shocking," etc.(seeOpinion editorial, Oct. sth)? Take note of Dean Boyer'sremoval ofthe homosexual ' 'closet forhimself(see The Opinion, Oct. 19th) while allowing theLGBLS to force students to walkthrough it. This politically correct climateat UB seems to have unleashedawindstorm ofself-pity and causedsome people to confuse theright to bedifferentwith theright to beoffensive andintrusive. Sadly,thegay display isbutoneexample. Enough isenough Blatant propaganda and obstructive, unjustdemonstrations may have some superficial effecthere, but outside continuedfrompage 6 ÜB's wallsthingsare different. People wholive by standards otherthantradition, reason andpropriety are free to do so, but at their ownrisk. Fanatics and the dejected do not always get apat onthe back in the name ofpolitical correctness; freedom of expression does not always excuse repugnant behavior. Civility andmoderation earn respect, not scorn. IfUB wishes to substantiate itsclaims to prepare its students for the future, the administration needs toreconsider its overindulgent attitude towards select groupsofstudents. I apologize ifMs. Marcus oranyone else mistook our intentfor anything otherthanafun approach to learning about a valuable legalresearch tool, ALR Sincerely, TerryBernard Marketing Manager Lawyers CooperativePublishing DavidKrakow, 3L ALR Apologizes To the Editor: In response to theletterregarding the ALRLaw School Contestand itsimage, I wouldlike to say that ourintention was notto condone violence inany way,nor wasit to offendanyone. We tested three"themes" for a contest witha number oflaw students,and came up withonethat wouldbe mostattent ion gettingand appealing toall students,and this theme won, hands down Thanks Pieper To the Editor: I wouldlike to sincerely thank the people ofPieper Bar Review for generously contributing four Stressßusters. lama rape survivor. Myselfand the group I attend found them to be extremely helpful for relieving stress related to our healing process. Again, wethank PieperBar Review forbeing so generous. Lisa Schwartz UB Senior Anthropology Department November 2,1993 The Opinion 13 �D The ocket 22 Mocks 23 Writer 24 25 29 32 Silverstein Notsm. Rd. named for a ballplayer? River embankment Assurance from Good Housekeeping 33 Blue Velvet star 34 Rapper Vanilla 35 Studio doovers 38 Gumshoe 39 Disposablerazor brand 42 High as 44 Rd. named for 3 Anadn alternative 4 Like most mules 5 The Rose of 46 Peter Arnett's 6 Full nelson and others wet 7 doubt a West Virginia senator? employer 47 Wishes one hadn't 48 Believers in the Almighty 52 Mexicali munchie 55 Fashion designer of note 56 Perform on the soapbox 57 Rd. named for a stooge? 59 Unsafe atAny Speedauthor " (mistaken) 8 Crumpets complement 9 Bordeaux wine 10 Addressed abrasively 11 Poems of devotion 12 Cruel dude 13 Lets touch them 18 Nag 21 Terra del Fuegoco- 60 Pulitzer Prize owner winner of 1958 23 " .Rattle 61 "Did you and Roll" T 62 Actress Sharon 25 Pooped 63 Excite 26 Sherpa sighting, 64 Hawk DOWN 1 Sporting one's birthday suit 2 "What's in 7" I perhaps 27 Agonize 28 As soon as 29 Pinocchio, for one 1 34~ atmosphere 35 43 Deli delectables 45 Saddam Hussein and King Hussein 46 Ski lodge 48 Field-goal value 49 Franklin (heating 50 51 52 53 54 success 57 Cornfield cry 58 That's disgustingf 44 _ 52 WHAT: Lecture bya humanrights activist fromRwanda. WHEN: Tuesday, November 29, at 3:30 |10 Hre 111 112 pJTL WHERE: Room 545,0'Brian LOWDOWN: TheGraduateGrouponHumanRights is sponsoring thislectureby one ofthe few female humanrights activists in Africa. All are invited to attend. 113 lv, ° 18 WHAT: LaborandEmploymentLaw Association WHEN: Tuesday, Nov. 2at3:30p.m. WHERE:Firstfloorstudentlounge,o'Brian LXJIi KMHHh 2* 29 WHERE: Room2l2o'Brian LOWDOWN: TheGroup will bedeciding on projects for next semester. All law and graduate studentswithaninterestin human rights are invited to attend. I Bp Is 7 6 Hts 5B name device) tt's sometimes thrown in Traffic tie-up Chinese secret society Sea eastof the Caspian Assured of X 2[3 |4 17 37 In a sensible way 40 Exposes to the pjn. Fellini and Vincent Price. v 30 Outer: Prefix 31 Sentence essential 32 Movie-theater liner 36 Cosmetics Meeting WHEN: Wednesday,November 3, at3:3o This issue is dedicated to Raymond Burr, River Phoenix, Frederico Brian P. Mercer NoelleKowalcyz Charles Greenberg MichealHueston ClaraKanocz Robert Regan Eileen Kennedy CraigHannah Edited by Stan Chess Puzzle Created by Fred Piscop 41 Beyond a WHAT: GraduateGroup on Human Rights Or not. Jessup Moot Court Results JeSSUP Board Members I994REGIONALTEAM ACROSS 1 Collars 5 Just one of those things 9 Sing softly 14 Med. sch. subj. 15 Romeo or Juliet 16 Cliff protrusion 17 Rd. named for an actress? 19 Fend off 20 Deep green 21 Nixon's Six WHAT: GraduateGroup onHuman Rights Reception WHEN: Wednesday.November 10,at3:30 WHERE: Room 545,0'Brian LOWDOWN: All those interested in human rights and socialjustice are invited to areception sponsored bytheGraduateGroup. This is an opportunity to meetothers in the UB and Western New York Community who are involved inhumanrights andsocial justice activities. events. UB students at a TakeBack tfie Night march heldrecently. Brian P. Mercer(Best Oralist) NoelleKowalcyz Charles Greenberg MichealHueston ClaraKanocz (Alternate) TheLowdown Groups, Tell us aboutyour upcoming Take Back the Night! 30 ' HH^2 p^^MSS- ■35 36 ■■pj ■ 45 _JB " - 43 U~- ■47 53 28 Hall ■H35 — 31 27 26 49 M LOWDOWN: Willdiscuss the movie: the AmericanDream. Sponsoredby LAELA. WHAT: JewishLaw StudentAssociation LOWDOWN: Ifyouare interested injoining theJLSA,place a notewithyour name, phone#,andbox#inßox#l46. 51 HHBi^ 54 ■Mr' s8 Ko 55 62 ■■^ Jfl 63 EC1 54 992 Crossword Maga2ins Inc. Box 909 • Bellmore. NY 11710 • (516) 679-8608 OSSW RD® ssword ...Law Bookstore, iconlinuedfrompageH ready soldout, butare being reordered. Also, new items for sale are being considered, inand window decals. Also avadable is "The cluding baseball hats. Anyone with ideas for Game ofLaw School", in case you haven't additional items orwith design suggestions quitegrasped howmuch fun thesethree years should contact IleneFleischmann. canbe. BestofalLyoudon'thave to remember While a trip to Paris on die Concorde the merchandise yourcheckbookbecause new might takeless timethanwaiting foran elevator, it's still worthtaking the stairs to find out can be paid for in cash. be Don't distressed if the bookstore whatthebest-dressedbodies are wearingthis doesn'thavewhatyouare looking for. Because year! ofthe popular demand, some items have al- KlUfiri ■ ■ »■>>■ *•• *■* In addition to clothing, diebookstore is also selling coffeemugs, license plateframes /„, "} // "3 / I & \ .3 \\ "~. J e:o»er HeyGooby-hcad! O6«w«p. _ X\ IfyouliketheselinyptTsonalsandwouldlikelo writeone.sendabritfcasecontainingfivt: lhousanddoUarsloroom724,lheOpimonoff,a: , Heybonehead.youbtcrw! ~. \\ J h|T|3|SMl|3|HlMWS|S|3|l|o o Wlwo h|a i a i ftiSiVHiiiilK* j_j_ tLiMIIHSB Hi BHEK ii AlA u ill 91M iLkiil* iM3- -Q1 3 —— bMISI I>V II MIMS 3|A3 1V3513 ¥[0B ohU all i HJißioilß II NJH ■■ q s"fcßS3 old 3 ( I [sTTs -i ti 0 |fl|o 1 Yd 3 Jft j ltd ¥7I V.87 2 2ZB~J_ AX 2! J rj _3 2812° MBA *.H //III Jto n|o|o'H|OM iIvIhUB Sl9|V| *Is I pJO/ASSOJO saa MSSOdO IU Sjg S Henry Nowak Receives JaeckleAward ...Jessup, continuedfrom page 6 yers until we, thefuture lawyers ofAmerica, show them that we are above nepotism, favoritism, unpro fessionalism, and incompetency. UB is a fine school. Itbuilds fine lawyers. Let's strive to continue thai tradition. than good advocacy skills, integrity, hard work,and honesty, then I honesdy believe that UBwUlalso degrade itsintegrityand reputation by its continuing participation in this competition. Law school should be a place wherethe skillsofadvocacy,reasoning, and writing,should be developed, notshunned. The Jessup competition (both the oral rounds andthebriefs) shouldbe judgedby law professors,ratherthanlocal attorneys. Board membership should also be determined by law professors based on scores in the oral rounds and the briefs. Law pro fessors are less likely to be persuaded by such factors as nepotism, favoritism, height, or race, thanare If the reality is that the judges at the international level prefer members ofthe team to fit into theabove profile, then maybe U B shouldre-think itscontinuing participation in such a degrading, incompetent, and unprofessional competition. I still believe that I am attending a very good law school, but if I have stoop to such a low level to participate in a competition where height and race are given heavy emphasis, rather popular-oriented law students. The Opinion November 2,1993 14 Oioifj BiAS\vo)Jnj<q Henry Nowak, retired U.S. Congressman,received the UBLaw Alumni Association's highesthonor. NowakgraduatedUßLawinl96l. �-4 ■ MARINO COMPREHENSIVE FREE TO CLASS OF 96!!! LAW SCHOOL EXAM WRITING WORKSHOP! Joseph L. Marino, Esq.'s Celebrated Teaching Methods! I Call 1-800-J-MARINO OR See Your Marino Campus Representative To Receive Your Free Audio Tape and Materials MARINO COMPREHENSIVE 255 W. 99TH ST7NYC 10025 (212) 663-1000/(800)-J-MARINO �*ATTENTION* CLASS OF 1994 & 1995 I TUES, NOV. 2 is the DEADLINE I % for the FALL SEMESTER DISCOUNT IF YOU REGISTER BY TUES, NOV. 2 YOU RECEIVE: $225 DISCOUNT off the $1475 New York Bar Review bourse Tuition. Your discounted tuition: $1250. Tuition after fall discount ends: $1350.) "he Gilbert New York Essay Advantage FREE. Regular BAR/BRI tuition: $225.) "he Arthur Miller CPLR Mini-Review FREE. Regular tuition: $75.) BAR REVIEW DON'T MISS THE DEADLINE! I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/324039d68bf77ca14c8306eb3f8a4c44.pdf 6181ed3d756abfc19cf6236903839157 PDF Text Text Volume 34, No. 4 TO HE PINION STATE UNI V JLKSl'l'VOFNEWYORKAT BUFFALO SCHOOL OF LAW October 19,1993 Out of the Closet and Into the Fire Protests Over Military Ban Keeps Army Off-Campus IfYou Build It, They Won T t Come Ec interviews scheduled to be :ld at the law school were canlied andrelocated downtown to the Federal Building at 111 Huron Street. As for why these interviews were canceled and relocated, Cpt. Camarella stated that she did not make the decision. There were lots ofreasons, she said, and she believed that one consideration was that the Army' smain goalistointerview byKevinP. Collins, Managing Editor Following on the heels ofthe recent cancellation ofon-campus Navy JAG Corps interviews at UB Law School, the US Army canceled their JAG Corps interviews andrelocated them from thelaw school to the downtown Federal Building when faced with protests overthe ban on gays in the military. students in a conducive atmosphere. Sticks and Stones This past Wednesday, October 6th, the US Army came toUB Law school in order to givean information session on the Army JAG Corps. TheLesbian, Gay, Bisexual Law Students(LGBLS), inconjunction withtheundergraduateLesbian, Gay and Bisexual Alliance, protested the military ban on homosexuals. The LGBLS and the twenty or so protestors placed apink and lavender closet, which they builtoutofwood,outsideofßoom2o7. Inorder to enter into the info session, studentshadto go into the closet, whichaccording tothe LGBLS, is symbolic ofhow gays who want acareer in the military are forced to remain "in the closet abouttheir sexual orientation. The Army recruiter, Captain Judith Camarella, andUß Law School Dean, Barry Boyer,refiisedtowalk through thecloset Dean Boyer hadtophysicallyremove theclosetsohe and Cpt. Camarella could enter theroom (see photo onfrontpage). Many ofthe2s students Representative, who worked outofthe same office. Mr. Molton informed this reporter that hecouldnotspeakforthe JAG Corps. Yet,Mr. Molton did say that while he had not heard aboutthe protests, hebelieves thatpeople have aright to exercise theirright to oppose something,andthatthe USArmy protects theirright to dissent. Mr. Molton then referred this reporter back to Buffalo and, in thealternative, to the Public Affairs Office ofthe US Army RecruitingCommand in FortKnox,Kentucky. Speaking to a JAG recruiter in the Army Recruiting Command in Fort Knox, Kentucky, this reporter was told that the reTrying to find out whythe cruiter didnotknowabouttheprotests and who Army stayed off-campus intheir made the decision to cancel the on-campus of interviewsproved to be a frustrat- interviews; however, the recruiter said she ing exercise inreporting and one wouldresearch itand get back tome. A return thatillustrated thatbureaucracy call late Thursday afternoon informed this Dean Boyer (Center) removes closetfor himselfand Army isaliveandwellintoday'sArmy. reporter thatLt Colonel GregoryHuckabee of recruiter, Cpt. Camarella (Left) A call Thursday morning, to the the US Army JAG Professional Recruiting Officelocated in FortBelvoir, Virginia, made whoattendedthe info session accepted infor- Army Kecruiting Centerin the downtownFedmation about the ban on their way into the eralBuilding inBuffalo found the AreaComthe decision to cancel the on-campus intercloset and the Army JAG Corpinfo session. It mander, Cpt MacDonald,outoftown. No one viewsand torelocate them to downtown. This is unknown how many, ifany, students were in the Army recruiting office knew anything reporter called Lt. Col. Huckabee's office in deterredfrom enteringtheArmy info session. aboutthe JAG Corps interviews. Tbisreporter VirginialateThursday afternoon,and was told In an interviewafter her presentation, was told to call the US Army Battalion in thathe was definitely the person totalk to but, Cpt. Camarella stated matthere wasno trouble Syracuse, and speaktoaMr. Frank Motolo, the however, hewasouto ftheoffice and would not withthe protestors and that no one was very Army Facilities & Communications Repre...Army, continued onpage6 disruptive. Cpt. Camarella did,however, believe that the protest was a hinderance to studentslearningabout the ArmyJAG Corps in anatmosphereoffreeexchange. She said that Why the Army Stayed Away Onwards courtesy Phot Administration Drafting Policy on Student Conduct ByLeslieP. Machado, (Contributor lLaw School does not have a studentcodeofconduct. Responding to thelack ofany definitive student policy regarding conductina variety ofareas, Associate Dean ofStudentAffairs AundraNewell, Director ofStudent ServicesKarenWaltzand ProfessorRobertReis are draftingsuchapolicy for possible implementation next September. The proposed policy would cover all aspectsofconductexpectedby thelaw school Issues such as library misuse, plagiarism, cheating and misconduct towards property wouldbe included. Also, inthepolicy would be a regulation governing the misconduct towardsotherindividuals throughactionsor violence. At thepresent time, there is no policy in place regulating conduct which, by its nature, tends to incite violence by demeaning individuals based on sex, creed, race, color, religion, disability, sexual orientation, national origin, ancestry, age or other status group.Ifsuchaproblem occurs, DeanNewell meets with the two students in an attempt to mediate the problem. Newell said the new policy, which is still in its infancy, would be given to the faculty fortheirinputtowardstheend ofthe fall semester. Student input would also be invited, probably through the Student Bar Association. ' 'We envision thatwhen the code is sentative. Mr.Motoloreferred thisreporterto a Mr. Bill Molton, the Army Public Affairs completed, it willnot only talkabout prohibitedactivities, but willalso include the sanctions,'' Newellsaid.'' In bringing this policy to the attention of the faculty and students, the statement will put them on notice. If you do this, this is what will happen." Newell said the absence ofa policy raises problems whenincidents ofmisconduct occur. She offered as examples students placing offensive material in mailboxes or words scrawled onwalls. In those investigations, Newell said, the local police need to know whatthe code ofallowable conduct is. Newell pointed to the University's code ofconductasan example ofwhatmight be recommended. Introduced in 1991, it covers all aspects of student behavior according to Director of Judicial Affairs/ Ombudsman Madison Boyce. Unlike the LawSchoolproposaLhowever.rheUniver- sity codedoes not attempttoregulate hate ful speech. "There wasa formalattempt to consider whether toinclude speechinthe[University] codeofconduct," Boyce said.''The decision was made, in the interest offree speech, not to attempt to define what was prohibited oracceptable.'' WhileNewellsaidtheproposalwould involve studentinput, SBA presidentSauConduct, continuedonpage 7 ... Fin ley Testifies Before Senate Subcommittee byRobertA. Johnson, Contributor 50... whathasProfessorLucindaFinley been doing lately? And why«it importantto you? Well, let's look at a scene in Washing ton,theweekofSeptember 23rd. Wearewith Professor Finley, listening toa CEO ofa sporting goods companytestify to a Senate Subcommittee. What isthis CEO saying? The CEO is complaining abouthow her company fears product liability suits; she is complaining abouthowher company is withholding certain products from the marketplace because of these fears; she is complaining abouthow her company has had to develop evermore stringent safetyand testing standards. Now tet us imagine that a look ofexasperated, befuddled annoyance envelopes the face ofProfessor Finley (not really). Let us imagine the will she exertstorepress the urge to shout "WHAT THE HELL IS WRONG WITHSAFETY STANDARDS?'' Thisisthe world oftortreform! Safety's important! TheSenate Consumer Subcommitteeof the Committee on Commerce, Science, and Transportation is weighing thepros and cons of the ProductLiability Fairness Act(S.6B7), and Professor Finley was asked to come to Washington totestify regarding some issues ofwhich shehas considerableknowledge: namely, the impactofproduct liabilitylaw, particularly in theareaofdrugsand medical devicesapproved by the F.D.A. Annoying CEOs aside, the professor hasinformation the Senate should be taking into account: in this bill; according to our professor, thereare provisionsregarding the F.D.A. thatat least deservecloserscrutiny ifnot outrightrejection. What wouldF.D.A. approval ofdrugs and medical devices mean under the Product Liability Fairness Act? Consider this: If the F.D.A. approved a drug called "Beautiful Nails" which, to their chagrin, contained a drug which made your nails fall off; and if Fake Nails, the manufacturer, started selling this drug on the market; thenwouldFakeNails be liable forits drug ifthey were found to have consciously disregarded safety and health? ...Finley, continued onpage 7 HIGHLIGHTS Group Spotlight Editorials and Commentaries Roaming Photographer. Docket 3 4-5 6 7 �PIEPER BAR REVIEW MPRE REVIEW PIEPER BAR REVIEW'S MPRE LECTURE is offered to ALL STUDENTS absolutely FREE!!! As compared with other bar review courses, when we say FREE, we mean it!!! You can call the office to register OR just attend the class you desire. WALK-INS ARE WELCOME!!! You will be asked for no money at any time. Our lecture and the materials accompanying the lecture (including the 200-page course book) are FREE!!! There is no hidden $75 charge. SATURDAY, OCTOBER 23, 1993: LIVE CLASS NYU LAW SCHOOL TISHMAN AUDITORIUM SATURDAY, OCTOBER 30f 1993: VIDEO CLASSES BOSTON UNIVERSITY LAW SCHOOL BUFFALO LAW SCHOOL HOFSTRA UNIVERSITY GEORGETOWN LAW CENTER ROOM ROOM ROOM ROOM 1434 210 216, BRESLIN HALL 154 SUNDAY, OCTOBER 31, 1993: VIDEO CLASSES ALBANY LAW SCHOOL NYU LAW SCHOOL SYRACUSE LAW SCHOOL ROOM E 7/8 ROOM 110 MELVIN ROOM To register, call 1-800-635-6569 or just walk-in on the day of the class you wish to attend. YOU DO NOT HAVE TO BE REGISTERED WITH THE PIEPER BAR REVIEW COURSE TO TAKE THIS FREE MPRE COURSE. Jt is open to any and all interested students. REMEMBER...THERE IS ABSOLUTELY NO CHARGE FOR THIS COURSE!!! �The Softball Report Circles By'LesMP.Machado, Contributor Rea went ahead 3-2 totheir halfofthe fourth The air was thick with tension on inning, but thelead wasshortlivedasWasted SundayOctober 1Othas severallawstudents scored twice to take a4-3 lead inthe bottom oftheinning. anxiously waitedfor theresults ofthecomAfterbeingretired withoutarun inthe petition. Was it the Moot Court results? fifthand sixthinnings, MensReacame to bat Hardly. The list ofnewLaw Review members? Not even close! inthe topofthe seventh needing arun to tie. These studentswere engaged ma comWith two outs, Petaik and Fernando Leal singled. Dailor smashed a shot into rightpetition ofa different sort; one which required them to trade in theircasebooks and center, scoringPelnikand tyingthe game 4briefs for bats and aglove. 4.Leal, tryingtoscore from first, wasouton The twolawschoolrepresentativesin a close play at the plate. The rejuvenated the intramural softball league, the Advoteam retired Wasted in the bottom ofthe cates and Mens Rea, each finished their inning andthe game went into extraframes. seasonon Sunday. Alas,atitie wasnotin the Inthe top ofthe eighth toning, MensReawas forecast, asMensßealost inthe Championretired toorder. Inthe bottomofthe inning, ship gameoftheco-edbracketand the AdvowithtwooutandthebasesemptyMensßea's cates failed to make the playoffs. dreamsofachampionship weredashedwith Battling classwork, the elements and ahomerun to left field, winning the game for an occasional umpire, Mens Rea finished Wasted 5-4. with a4-3 record. Their intensityand fortiImmediately afterthe toughloss, the tude was proven on Sunday as uiey battled team hadto gatherthemselves ahdplayih an until thelast out ofthe Championship game. open-dh/isiongame. Thegame woulddecide Beforereaching the finals,however, thefateofthe Advocates asawtowould send them into theplayoft'swhiiealosswould send in the semifinal game. Trailing by onerunin them home. The teamwasnotupto the task, the bottomofjhesixthinning, Mensßea tied however, losing 15-8and ending theirseason the game 6-6 when Jon Bonavilla singled at 2-3. The game wasn't without its highwith two out and Dave Zagon brought him lights, however, as late-seasonreplacement home with a triple. Carlßohling went2for 4 withtwo RBland2B Afterretiring theNo-names inthe top Michelle Owdienko went 2 for 3 witha run of the seventh inning, Mens Rea won the scored. game in the bottom ofthe frame when Joe Dave Zagon led the teams with 700 Dailorhita towering homerun to centerfield batttogaverageand 15runs scored. JoeDailor ItwasJoe'ssecondround-tripperofthegame was second at.577 and 12runs scored folIn the game, the lowed by Erin Pelnik at .560 and 13runs and hisseventhofthe first four batters for Mens Rea (Dave, Erin scored.Among thosewhoplayedregularly, Pelnik, captain JohnLeifert and Joe)werea Fernando Leal and Michelle Owdienko hit combined 9for 16withfiverunsscoredand .520, Jonßonavillahit .474, Sandy Fazilihit fiveRBI. .412, John Leiferthit.3 57,LesMachado hit In the championship game,MensRea .353andShannonMcInteehit.l54. A special faced Wasted to whom they lost to 10-9 mentiongoes to Kristine Hookswho, despite enter- being placed on the injured list early to the ing the top ofthe third inning, Mens Rea season,returned to cheer for herteammates began to rally when Jon Bonavilla singled untilthefinal out wasrecorded. with one out. Dave Zagon followed with a Following the game, our heros and doubleto center, scoringßonavilla and cutheroines, batteredandbruised, vowedto seek ting the lead to2-l. Zagoncame homewhen revenge to the spring.Until then, they will the Wasted second baseman misplayed a rest theiraching bonesand savorasuccessful grounder and the gamewas tied 2 -2. Mens season: Journal Strives For Greater Awareness of Women's Issues byDan Hams, Photo Editor, andM. Bridget Cawley, Contributor staffofCjrcJes. This proems includesattending a few meetings at which studentscanjoin In the fall of 1991, several UB Law committees. Wintexplainedthatitismerely studentsjoined forces whenthey noticedthat amatterofworkingyourwayup. Members something was wrong in their classrooms. can start as an associate, and the next year These students felt that there was a lack of they can apply for an executive position. women'svoices in the discussions,and they According to Wint,' 'We encourage all UB wanted to create a forum where women's Law students to try out for an editorposition voices couldbeheard by all. Theiranswerto on the journal because it's an enriching and thisproblemwasto startCircles: TheBuffalo positive experience to participate inprovidWomen's JournalofLawand Social Policy. ing a forum for social policy.'' The first issue of isnotrestricted to female Circleswaspublished durlaw students. ing the spring of 1992, "We welcome while the latest issue apmale students to come and pearedthis semester. The join us. We currendy journal consists of acahave three male editors demic and legal articles, and one male executive. as wellas artwork, prose Students of other disciand personal commentary. besides law are plines Nicole Wint, current editor-in-chiefofCircles, explains that, also welcome to join. Weare always in need ' 'Circles provides aforum for exploring the ofassociate members," saysWint. Circles is being highly utilizedby its legal and social challenges facing womenof numerous writers and subscribers. ÜBLaw diverse races, classes and cultures. The subSchool's Professor Lucinda Finley will be jectdoesn'thavetobepopular. Wefocuson Circles, and an articleofhers thatwas qualityandcontentofsubmissionsandwhether citing next legislative testiit, to our her published in in the subjectis grabbingand interesting Additionally, CjrcJes on tort reform. mony readers." She adds that the members of receivesnumerous from professors requests Circles "hope to improvethelivesofwomen to from other schools usearticles from the all over the nation in both the academic journal. community andthe generalcommunity.'' Subscribers to Cjrcjesincludeover 100 Due to financial constraints,Circles is libraries across theU.S. Thelistofsubscribpublished only onceay ear, preferably during includes HarvardLaw SchoolandStanford the fall semester. However, Winthopes the ers group will beable to increase its number of University. Wint encourages ÜBLaw stuannual issues. Although theprimary focus of dents to bring in more subscribers. Students thegroupispubhcationofthejournaLCjrcJss can obtainsubscription forms by copying the addresses women's concerns in other ways. last page of the journal from back issues ted in thelaw library. ' 'Ifanotherorganization wishesto co-sponsor Wintexpresses greathope for the fusomething withCircles.wewillbemore than ture ofthe journal. ShewoukT'likeCJEcJesto willing to help out," saysWint. gainnationalrecognition.'' According to Wint, The publicationreceives submissions Circles has, the better from "The more exposure fromacross the United States, mostly ' offour be. Our university goal is to put will professors. The journalisinterdisciplinary, UB Law school onthe this map. Hopefully receiving articles from business, women's submissions could the ofthe journal helpraise standing studiesand lawpro fessors. The are then reviewed through an anonymous selection process to determine if they will Anyone interested in Circles isalways appear in the issue. While there have been to welcometovisitthegroupinßooml 1(which like somestudentcontributors, Wintwould see more student submissions, especially is located inthe basement) ofthelaw school. Additionally, inquiries and comments may fromUßLaw students. heleftinßox#B39 to the join invited Students are also CiJRffiES a. season. r Phot by Paul Roalsvig Members ofCircles, theBuffalo Women'sJournal ofLawand SocialPolicy, are determined to ensure thatwomen's voices are heard. FilmReview: AcademyAward Winner: 'The Panama Deception' ByPeterZummo "ThePanamaDeception",winnerofan Academy Award, was shown here at UB last week. A controversial documentary, it was directedby Barbara Trent,the directorofanother equally controversial film,''Coverup: Behind theIran Contra Affair." The main premise ofthe film isthat the 1989 invasion ofPanamaby the United States was illegal and totally without justification. Ms. Trent maintains the real reasons for the invasion besidesremoving GeneralManuel Noriega from power inPanama, wasto destroy the Panamanian Defense Forces (PDF). This to turn was to lead to therenegotiation ofthe PanamaCanal Treaty, which callsfor control oftheCanal to be turned over to the Panamanian governmenton December 31,1999. Another equally importantfactor tothe invasion wasto eliminate the wimp"factor from GeorgeBush'spresidency, and toserveas atesting ground for tactics and weapons which would later be used to the Persian Gulfwar. The film leavesno doubtasto whichside ofthe argument TrentbeUeves. Unfortunately, theheavy handedpromotionofthefilm'sviewpotot permits the viewer toremain skeptical. Some ofthetruths ofthe' "ThePanama Deception suchas the condemnation ofthe r— Ewing Honored ForWork In Forensic Psychology . Charles Patrick Ewing, Ph.D.,professor oflaw and adjunctprofessor of psychology at ÜB, has received the 1993 Distinguished Contributions to ForensicPsychology Awardfromthe American Academy ofForensic Psychology : | invasion by the United Nations, cannot be denied. However,wemustalsorememberthat thissame UnitedNationsregularly condemned Israel for its occupation oftheArab territories to the WestBank. The filmpresentsitsstory by using many toterviewswithPanarnaniancitizensandrefugees juxtaposed with footage obtained from the American military under theFreedom of Information Act. The effectcan be shocking andsomewhatconvinctog. PeteWilliams,the Pentagon spokesman, certainlylooses a great dealofcredibility by the useofthis cinematic technique. Charges that the American media, including the Washington Post and The New York Times, were manipulated by the Bush administrationring hollowwhenone considers the hostile treatmentofBush the two newspapers handed out to him during thecampaign last year. It is impossible to deny that "The Panama Deception makes apowerful statement. One cannot help butbe affectedby the scenes ofhuman sufferingand the tremendous damagedonetoPanamaby thetovasion. What is still to doubt is the ultimatereason for the invasion, and wemighthavetowaituntil 1999 to see ifMs. Trent was correct. — ——————————— — ——————— ————— Opinion Editorial Board Meeting 3:30 p.m. Tomorrow (10/20) followed by a general meeting at 3:45 p.m. All Invited and ShouldAttend a, | l——————————————————————————j October 19,1993 The Opinion 3 �Opinion Mailbox ■■■mßHaaaaaaaaara^fi— ©PINION Volume 34, No. 4 fHIL October 19,1993 Editor-in-Chief: Paul H. Roalsvig Managing Editor: Kevin P. Collins Business Manager: LisaNasiak News Editor: SharonNosenchuck Features Editor: MariaT. Buchanan LayoutEditor: Evanßaranoff Photography Editor: Dan Harris ArtDirector: KathyKorbuly StaffWriters: Saultan H. Baptiste, Joe Khanna, Tracy D. Sammarco Contributors: JoeAntonecchia, Karen Bailey, Shawn Carey, Bridget Cawley, Eric Dawson, RobertA. Johnson,Kristin Jones,PaulKeaton, LeslieMachado, BenPierson, Jeffrey A. SchoenbornXaura Vasquez, and Peter Zummo (and special thanks toMolson Brewery.) EDITORIAL Just Do It! Lawstudentsaregreatatcomplaining. Wecomplainabouttheweather,the amountofworkwe have to do, and the variousactivities thattakeplace in the Law School. But howmanyofus actually do something aboutour complaints? Sure, there aresome things thatwe cannotchange. However, there are many things that wecan work to change. Thereare some students at UB whoare active regarding thingsthat bother them. One example isthe groupofstudents whoare workingto save the Asylum and Refugee Clinicatthe Law School (see commentary by Charles Carbone in this issue). Another example is the Lesbian, Gay, Bisexual Law Student Association'sprotest against the JAG Corps recruiting atthe Law School. You may not agree withtheir methods orthe issues ofeither ofthese two groups, but the point is that these two groups took initiative to do something about their complaints. There are many otherthings thatwecan do instead ofjustcomplaining. For example, how many times haveyou heard someone complain thatthereis nothing to do in Buffalo? Well, the nexttime, instead ofcomplaining, lookaround and see what there is to do in this town. The Spectrum, the Gusto section ofThe Buffalo News, and ARTvoice all list things to do in Buffalo. For those ofyou who can't stand the weather in Buffalo, look around for things to dothat you might enjoy. Go skiing with Schussmeisters, go downtown to see a hockey game, have a football watching party, see aconcert at Slee Hall. As law students, we do have a lot ofhomework to do. We have cases to read, papers to write, andprojectsto complete. However, we all chose to go to law school. It's only for three years. For many of us, if we stopped procrastinating and complaining, we wouldhave more time to doour work. Try to be more organized and do your work more efficiently—it might help you to spend less time on schoolwork and give you more time to do otheractivities. Often, we feel that we could arrange better events thanthose our law school organizationspresent Ifwe were incharge, we could findbetterspeakers ormore interesting programs andprojectsto do. Well, go ahead! Joina group and work withthat group to present more interesting speakers and events. By now, many ofyouare probably complaining thatyou don't see thepoint of this editorial. Well, here it is: take initiative and go out and do something positive aboutyour complaints. TheLaw School studentbody is apathetic. We feel that ourown lives are so busy that we don'thave time to doanything about ourcomplaints. And. afterall, itis somuch easiertojiistsitaroundand complain. Lawyers are some ofthe most powerful people in our society. Yet, ifwe cannot do something about our complaints now, in such a small community as the Law School, how are we going to fare in thefuture after we graduate? Do something aboutyourcomplaints. Become involved! Theeditorial staffofThe Opinion challenges the Law School studentbody to stop complaining and take constructive action on whatever it is youare complaining about! Disagree withthe views in this editorial? Thentake action and writea letter totheeditor. Drop your letters offin 724 O'Brian. Wanttojoin The Opinion staff? Leave a note in 724 O'Brian. Copyright 1993. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited without theexpressconsent oftheEditors. TheOpinionispublishedevervtwoweeks during theFall andSpring semesters. Itis thestudent newspaper oftheStateUniversity ofNew York at Buffalo School ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofTheOpinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinionis funded by theSBAfromStudentLaw Fees. TheOpinion welcomesletters to theeditorbut reserves theright to edit for length and libelous content. Letters longer thanthree typed doublespaced pages will be editedfor length. Please do not put anything youwish printed under our office door. Submissions can be sent viaCampus orUnitedStates Mail toTheOpinion.SUNYAB Amherst Campus, 724 JohnLord o'BrianHall,Buffalo,New York 14260(716)645-2147 or placed in law schoolmailbox761. Deadlines for the semester are theFriday beforepublication. The ideas expressed in the "Letters to theEditor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion October 19,1993 501 Blues To The Editor: The LGBLS forced others to participate m their protest. The LGBLS protest is akin to Nazis erectinga "concentration camp gate surrounding the doors ofthe StudentUnion. The Nazis have a right to speak; they might havetherighttoprotest;butthey shouldnever have theright to force others to participate to their protest Both the University and Law School Achrunistrations approvedof this inappropriate protest when they allowed one group of students to erect a free standing structure to order to harass fellow students and interviewers. Administrative approval of the LGBLS ' 'closet is especially poignant to light of the recent debacle surrounding the silencing and expelling of a preacher from Founders'sPlazaon September 20 (see The Spectrum, Sept 24, 1993). The Administration's capricious stance on free speech begs the question: does U.B. have any objective standards on what kind of expression it will allow, ordoesUB pickand choose the expressions it will allow according to individual conceptions ofpolitical cor- Ifyou missed it, Monday, October 11, was"Gay JeansDay." According to thepromotersof"Gay JeansDay," wearingjeans on Monday was some sort ofdemonstration of support for homosexual rights. The scheme behind Gay JeansDay isthatifyouspecify an activitythat people engage in habitually(e.g. Wearing jeans) as a showing of support for homosexualissues, you create the illusion that everyonesupportsthehomosexualagenda. It is actually quite pathetic and sad. However, when you consider ' 'Gay JeansDay" to tight ofthe recent Lesbian, Gay, BisexualLaw Students (LGBLS) protestofU.S. Army and Navy JAG Corps interviews oncampus,a sinister pattern emerges. TheArmed Serviceshave been recruiting on campus for years, andthe homosexualrights people have been protesting for years. This year, however, the protesters came up with a new strategy. The LGBLS erected a free standing structure, builtwithtwo-by-fourwood studs,to framethedoorofthe interviewroom wherethe ess. military interviews were to be held. Th Both the Law School and University protesters call the structure a "closef'.and inistrations should adopt a policy that is supposed torepresent the secrecy to whic some homosexuals choose tolive. By placing prohibits the building offree standing struc"thecloset" atthedooroftheinterview room, tures thatforceotherstojotoprotests. Having militaryrecruiters and interviewing students agripeshouldnotgiveonetherightto break out are forced to walkthrough, and thus, partici- thewoodandnailsoncommon campus grounds. If the homosexualrights protesters are to the homosexualrights protest. concerned about protecting rights, they "Gay Jeans Day" islaughable, and it would bealso funny ifitwasnotso pathetically shouldannounce theircommitment to never again conduct "closet" orother suchinteracsad. The attempt to make would-be homosexualrightsprotestersoutofthe disinterested tive protests. Additionally,LGBLS apologies to fellow students, the UB community, and to andtheunaware on "Gay Jeans Day" isanalothe US Army and Navy are to order. One can gous to the attemptto make gayrights protesters out ofthemilitary interview participants. only imagine the fits of outrage that would Theright to protest carries withit aduty overcome theLGBLS ifChristian protesters not to infringe upontherights ofothers. No one placedacrucifixabovetheLGßLSofficedoor. should be granted the right to force others to protest. By erecting astructurethatcouldnot beavoidedtoorderto interviewand assemble, Omar Dennis, 3L fnistrators' t Ite Commentary: An Opinion of a Member oftheArmed Forces byA.H.Banks, Contributor The subject ofthe ban on gays to the military is one that has long been stifled by heterosexuals (including military members) forfearofbeing categorized as ahomophobic. As a heterosexual military member I will attempt to prevent suffocation ofthefew and the strong regardless ofthelabels thatmay be attached to my name after this article. Of course the only label that matters to me isthe MBA/JD. First, fortherecord I amnothomophobic. I have enjoyedthe company ofgay sas modelling partners andhave acquired theirservices as stylists and make-up artists (indeed they wrote thebook on grace,beauty andelegance). I also stronglybelieve to andadvocate equality among all men. However, I emphatically oppose the complete eliminationoftheban on gays in the military because of the many underlying issues thatshouldfirst beresolved by societyand not the military. The military, as it correctly claimss to one slogan, "isnotajob.it'sanadventure." In orderforthisadventure to successfully accomplish its goalof global defense, the group of members need to respect each others' abilities and betolerant oftheir socialdifferences. The latter is one ofconcern to me as the majority ofsociety(including military members) is not ready to be coerced to accept this socially deviantbehavior to all settings. Not only is it difficult to accept this ' 'different behavior in the military environment, itisalso not strategically or financially feasible. To totally remove the ban is to implement total sexual integration (which would bea financial burden whichever way thisis implemented) and compromise our fundamental goalofglobal defense through effective training and discipline. Therevamping of"allfemale or "all male" shipsandbarracks wouldthus be mandatory.For.ifgaysareallowedtoroom, shower (we nowhave open showers and stalls), bunk and sail on sixmonths cruises with their part- ners, peers,admirersorlove interests,soshould the heterosexuals. Should the military finance for a reclassification of and conversion to ' 'homosexual" and''heterosexual accommodations in theseshipsand barracks? If not, are gay advocates saying it is fair and equal treatmenttoallowa"free" lesbian in myallfemale shower,above my bunk orpassing my stall on those already embarrassing moments butkeep menout? Then, ifthe military maintainsseparate gender-based accommodations, woulditnotbe unfair to heterosexuals ifweare separated from the gender we consider sexually preferable? While the idea of sexual integration sounds liketheadventure to die for,the primary mission ofglobal defensewould becomesecondary(ifnottertiary). The strategy would be compromised when the focus is no longer military issues like Tomahawks, Scuds and subsbutsocialissues ofwhoshouldbe included in this adventure. Should alcoholics, obese people,sleepwalkers, psycho ticsnot also fight tolifttheirban? Should the military beforced to resolve all societal indifference, hateand injusticesand jeopardizethelives o fourpowerfulnation? Homosexuals claim thatthe partial lifting ofthe ban is an attempt to keep gays in the ...Military, continuedon nextpage �Cancelling Clinics Hurts Students by Charles Carbone, Contributor Myforemostexpectationbeforeattend- ingUniversity atBuffalo Law School wasthat the school fostered a commitment to public service that distinguished itselffrom otherlaw programs. AJthoughlgeneralh/have found this to be true, I believe the cancellation ofthe Asylum and Refugee Clinicandthe failure of the Domestic Violence Clinic isan enormous threat to the continuance ofthatcommitment. The philosophy ofthe schoolacknowledges that aclassroom education alone is not sufficient to prepare students to practice law. Theschool's missionstatementprofessesthat the integration oflegal study to the classroom and tothecommunity isnecessary both fordie student's legal education and to emphasize the public service responsibilities of a lawyer. These are high goals to strive for to any law school. The clinical program is crucial to achieve those ambitions. The clinics allow students to become educated topublic interest legal issues whileapplying theknowledge of the classroom to circumstances filled with clients who need the services ofthe law. The clinical programhas thecapacity to introduce many students toreal situations in whichthey may find their classroom knowledge chal- lenged. Inaddition,thecltoicalprogramprovides neededservicesfor the Buffalo communitythat quiteoften would notbemetwithout theexistenceoftheclinks. Asaschoolwithto a public university, ourresponsibility to offer resources tothecommunityis evenmoreprominent The Law School has plans to discontinue the Asylum andRefugeeclinic, andthere are well-founded rumors that the Domestic Violence clinic will also be terminatedafter this year. This is unacceptable. Both ofthese clinicsare invaluable to studentsby focusing attention on areas of extreme social importance and to the communityby servicing sectors thatnormally wouldnotreceive this type ofassistance. Financial strain is the alleged reason fordismantling these clinics. In addition, effortsto seek new forms offinancial help are not being pursued for fear thatthe school doesnotwantto establisharelied-upon service to thecommunity andthen beforced to renege onthatpromise becauseofanother fiscalburden. Both reasons are not adequate. The clinical program does not have to bear sucha large brunt ofthe school's financial crisis by canceling two of the offered clinics. This approach attempts to ameliorate thefinancial difficultiesofthe schoolby overburdening one The UB Law School program. This promotes the idea that the clinical program is expendable. It indicates thatwhat previously distinguished this school from othersisno longerofvalue. Stairmaster Theargumentconcerningthenecessity to offeraconstant commitment to the community is equally flawed. The asylum clinic has never been funded with supportthatcouldbe relied uponforany significantamountoftime. Theneedstothecommumty simply willnotbe met ifthe clinic is eliminated,and those needs deserveanyamountofeffort thattheschool can provide. I believethattheUß Law Schoolshould acknowledge its strengthsby ensuring thecontinuanceofboth clinics. From the perspective of a first-year student it is frustrating and disappointing to know thatthese programswill not be available. It is, though, especially upsetting thatthe schoolhas made noeffortto inform those who will be affected by these changes oftheir occurrence. I challenge my classmates to expresstheir oppositionand to resistallowtog the school to cut these clinics without any input fromthe students. This is oureducationand our educators should be held accountable to student input when decisions such as these are made. I byDanHarris.lPhotoEditor Forthoseofyouwhodon'tknow, UB Law Scihoolhasanexerciseprogram. Most ofus stressedlaw studentsknowthat (be best waytorelieveour anxieties andget in shape is to use the stairmaster. Uirfortunately, most ofthe timethe stairmaster at Alumni Arena isoccupied, withlong lines precluding needy law students from accessing it. Fortunately, our own dearlaw school has filledthe gap,and provided uswithourvery ownstairmaster. lonlylearned aboutUßLawSchool's stairmastertwo weeks ago. It was arather ordinaryday.rdbeenuplateflietughtbefore making surethe photos for The OPINION wereproperry edited. (That swhyrmcaUed "Photo Editor.") Asalways,lwas running to meetmy dear fiance, Lisa. I was on my way down to the second floor ofUB Law School fromouroffice on the seventhfloor. Itbegan like anyelevatortrip here. Push the button;wait forever; enter thedamn elevator. The only ominousomenwastbatl was uieonlyoneinlheelevator.andnoonejoined me. Graphic byKathoruly ...Military, continuedfrompage 4 closet. Completely lifting the ban does not remove thecloset for gaysorheterosexuals(as wealsogointoa"closet"). Obeying therules ofThe UniformCodeofMilitary Justicekeeps every member to thatcloset, onlyheterosexuals gladlyand voluntarily enterforthe sakeof adventure. Thecommonphraseology "ifyou can't stand the heat stay out ofthekitchen,'' is myadvise. Another claim is that Gay Rights are equated to that ofCivil Rights. Indeed it is unequivocallya mockery tocorrelate the Civil Rights Movement in theireffortsto upgrade the status of "minorities" (by orientation, not choice)withtherightsofgays. AfricanAmericans, Latin American, Asian American and women did not choose to be what they are. Then Creator determined that for them. The ever flimsy argument that the ban on gays is equivalent to the injustices faced by minorities iswithoutbasis. The chronic deprivation, oppression and exclusion fromopportunities is unparalleled. Until it can be proven that homosexuality is an orientation and not a preference; thenand onlythen would the correlation be valid. The military currently bans the use of alcohol, drugs,cigarettes,and the evidence of poor health etc. Should there be protests againstthese bans to the future? Should they notbeallowed to openly ban certain behaviors ifthey wish to maintain integrity, uniformity Should overeaters, bedwetters, alcoholics, drug abusers, sleepwalkers etc., whoarecurrently bannedfrom the military,protestalso? Should minorities throw white sheets overthe doorsandprotest the oncampus recruiting efforts of all-white law companies? Is covert hate and prejudice not moredangerous than overtpolicies? My opinion to the latter is "yes", simply because knowledge of policies would dramatically decreasetheunexplainedrejections and denials commonly faced by minorities. To challenge overt exclusionary policies is to welcomerejection, humiliation and abuse. Why voluntarilyaffiliate witha firm or the military ifoneknows about theirpolicies? For those ofyou Gay Rights advocates who protest theexclusion ofgays to the military, I suggest that if that same energy is transformed to aid to completely eradicating other socialandracial inequalities and injusand professionality? tices then, maybe, society can freely accept peopleregardless ofdifferencesorpreference and the military's anti-gay policy would be unjustified. The erection of closets and the many proteststo keep militaryrecruiters offcampus is not only a gross misallocation ofyouthful energybut outright selfishness. As it stands, we have a voluntary military. If a fellow colleaguechooses to seek employmentwitha firmthatbans gays,thosecolleagues should be afforded theopportuiiity. Everyone values the convenience of on-campus recruiting sothe ' 'good ofthe fewshouldnothinderthe' 'good ofthe majority. Inconclusion, whileClinton's policy on theban on gays to the military is not sufficient for gays, they need to accept that is the best economical, strategicaland social solution, if thearmed forces oftheUnited States wish to maintain their superiority. The many unresolvedquestions and issues would most certainly pose an unjustifiedburden on the military. To subject the present members toaccept thisdeviantbehaviorwouldruin the adventure for thosepeers whohave voluntarily contracted for it Withina few feet ofmy destination, second thethirdfloor,butnotyetonthe past fkwr.ihedevatorcametoapiematurestop. I stared at the suddenly unlit elevator buttons. They dimlystaredback. Ipressed them repeatedly. Noreply. Ihittheon/offswitch Still AddiIhitthealarm. Finally, no response. tionally, I let outaloud yellfrom myrather alarming voice. After no one appeared to hear the alarmor my yells, I forcedtherubber inner doorsofthe elevator open. I attempted,reattempted, re-re-attempted, etc etc to get the metal outer doors open My attempts were not a totalfailure. Between my yells and the alarmsounding through thenewly opened gap in the elevatordoors, I didsucceed in getting the attentionof anotherlaw student She assured me thatsecurity had been called. Nowalllhadlefttodo waswait Imustconfesslfounditabit" morous being trapped in theelevator. I lai: sdabit Prepared to be trapped inthe clear for a while,I tookoffmy jacket Thenm weater. Then my pants. Justkidding! It k out a schoolbookandmadegooduseoi aetime. Anyonewhoknowsmeknowsl'mkiddingon thatonetoo. Really,aftertakingoirtaschool bi*>M paced annind, wonderingb<. along I'd be stuck in thatdamn elevator The only minor traumaat thatpoint was-' cningto the other elevator going ding, a g, ding, ding, ding, dmg,ding,ding,ding. <-'•'■ dmg,dkg,dmg,ding > ding,ding. ig,ding, ding, ding, ding, ding,ding.ding ig.ding, ding, ding, ding, ding, ding.! (\ v get the idea.) Atlastmyrescuerscame. Ononeside ofthedoorstoUß Law School'sownunique double entrance elevators stood a man from security. Much to my surprise, instead of handing me aticketforillegalparking in the elevator,he began to instructme onhow to exitmynewfoundprison. Justthen,lheard a maintenance man yelling contradictory ordersthrough the doorsontheothersideof the elevator. The two argued briefly, until the security man deferred to the maintenance man's greater experienceat dealing withelevators with students trapped inside. Getting but was fairly simple. It turned out Ihad only to push a lever on the inner part ofthe steel doors. They swung open, allowing me to tossoutmy belongings. Then I happily prepared to jump to my freedom. Themenwouldn'taUbwme. They insisted that I grab theirshoulders, and allow ...Stairmaster, continued on page 7 October 19,1993 The Opinion 5 �The Roaming Photographer byDanHarris,.Photo Editor This Week's Question: "Late Night Wars:Who's OnTop? Who's On Bottom? Why?" Mindy Birman, 2L John Leifert, IL "I'm really disappointedwith Chevy Chase's show; so each night I watch FJeJfih instead." "I'm too busy studying to watch them. But if I were watching hwouldbe ChevyChase ofcourse." Joe Stavrou, IL " I'm too busytrying to makesure Pm on topto watch. Besides, Igetmostof my laughs to class." Monica Piga, 3L "The bestlatenightcomedyI've seen lately is John Craik doingAerobics in an ESPN commercial." ...Army, continuedfrompage 1 beback untilthefollowing Monday. Four day slater (onMonday, yesterday) this reporter called Lt. Col. Huckabee, who was expecting the call. A staffpersonrecognized thisreporter'snameandputthis reporter onhold. When she came back on the line, this reporter was informed thatafter waiting four daysto talk to this person(who was definitely the person to talk to),thathewould not talk to thisreporter and that this reporter should call the Public Affairs Media Relations DepartmentatthePentagontoWashtogton,D.C. This reporter's search for a statement by the US Army as to who canceled theon-campus interviewsand why had now spanned five daysand went fromBuffalo to Syracuse, back to Buffalo, to Kentucky, toVirginiaandnowto Washington, D.C. Mr. Marc Raimondi, arepresentativeof the US Public Affairs Media Relations DepartmentatthePentagon in Washington D.C., was both helpfuland courteous. Hewasnotaware ofthe protest and therelocationof interviews, but said he wouldresearch it Mr. Raimondi preliminarily commented thatthe Armyhas a policy ofnon-confrontation and that if itcan avoid confrontation, it will do so. He stated that it was beneficial to the Army to hold the interviews off-campus. Mr. Raimondi later yesterday made an official comment for the US Army. The interviews forthe JAGCorps are an importantpart ofthe employment process, Mr. Raimondi stated. Disturbances intimidate students, who would not do as well as they mighthaving to interview under such conditions. It isbetter to have a professional environment. The Army wantsstudents tohave the opportunity to dothe best theycan at aninterview. Avoiding distractionsand disturbances accomplishes this. Mr. Raimondi informed that 31 outofthe 33 on-campusinterviewees showedupforan interview downtown. "Counter-reaction" at ÜBLaw School The Dean of UB Law School, Barry Boyer, stated to an interview that no Army interviews were canceled; they were simply relocated downtown. Dean Boyer saidthat on theonehand itwas toobadthatthe studentshad to travel downtown and off-campus for their interviews. On the otherhand, Dean Boyer to A noted, the Law School accommodated the A law student going "into the closet" attend theArmy J G Corps informational session a leafletfrom aprotestor. takes protestors while allowing students interested to the Army JAGCorps to attend andhear the meCareerDevetopmentOfnce(CDO),appre- the' 'imperialistArmy "isnot high on the gay info session. Dean Boyer believes that on such ciated having the information session. Shefelt agenda. As to thenotionmat such protests keep a polarized issue as this, that the law school that the protesting students kept their sound good people from joining the military and could not do any better in trying to accommolevel down and were not deliberately disrup- changmgmepohcyongaysmtheinilitary.Mr. dateall interests. As to whetherthe protestors tive. Ms. Koscielniak pointed out that no Saporita stated that the military does not athindered thelearning environment Dean Boyer interviews were canceled; they were relotract goodpeople- the goodpeople therenow commented that itwas somewhat distracting cated downtown, justas the Navy' s werelast arenoteffectingtheban Mr. Saporita said that and that some students had varying levels of week. Ms.Koscielniak didnotbelieve thatthe the military is not democraticand thatthe ban resentment. He added that the protest was protesthindered thelearning environmentas comes downto the leading homophobes who controlled to a degree,and was atworst a mild the major points why a law student would are inpower. Mr. Karl Scheither, Co-Editor of distraction. Dean Boyer said that he had to choose an Army career were presented and overcomeworsenoise from thehallswhenhe studentswereasking questions. Outwords. thefirstqueernewspaper in Buffalo, statedhe was against the ban. He believes the was teaching. Charles Greenberg,a3Lwhoseon-camMs. Audrey Koscielniak, theDirector of pus interview was canceled and relocated ban is employment discrimination by the US downtown,was upset. He statedthathehad to government. There isno change fromwithin miss his morning classes to attend the off- the military, Mr. Scheither said, pointing out campus interview. Mr. Greenburg found it that change comes from the outside. Mr. initiation of a Black woman belittled for by Kristin B. Jones, Contributor ironic thatoneclass he missed dealtwith free Scheither saw the protest as an effective and WOMBman ffars-Theaterloft's first "fighttogback;''asDanisha,shecapturesthe speech andFirst Amendmentissuesas to land necessary form ofprotest. play ofthe 1993-94seasonis gone. But ifit youthfulinnocenceofagiri wholearns quickly Mr. 01uHoward,amemberoftheunderuse. Hefound irony to ho w thefree speech of evercomesagain,doseeit Itisoneofthefew the limitations ofher freedom; and, as the the Army was stifled by the protest. Mr. graduateLesbian, Gay andBisexual Alliance, theatrical performances that can actually ministerwhosechurch supported MikeTyson Greenberg stated that while he supports the said that the protest would not deter good sheconveysthedivisivenessofacommunity. teach you something serious with some huLGBLS effortto liftthe ban, the group' sfree people fromenteringthemilitary. Goodpeople, mor. Written and acted by Judith Jackson, Addingimpactto the workis Jackson'sexplospeechdoesnot givethem theright to humili- Mr. Howard insisted, will walkthrough the thisone-woman show is incredible. An ener- ration ofthe Jezebel "legend' * and ofAniate other people, such as the Army officer. He closetand work within the system. Bigoted getic andversatile actress, Jackson succeeds mus, a goddess. Clever one-liners like felt thatthe LGBLS was going too far withits people, hesaid,will notwalk through thecloset in blending her humor and wit to illustrate (WOMB-Woman to OverthrowMen'sßeand, according toMr. Howard, he does notwant closet. liefs) and statements like "women don't want how sexism/paternalism divides and reCathy Brennan,a2L whoisamemberof thesebigoted people to the military tothe first girl children anymore than men do" or "I presses all ofus. the LGBLS, statedforherselfandonbehalfof place. Mr. Howard stated thatthe protest was Jackson takes heraudience from the [Anita Hill] am only two places up on the the group,that shereally didnot care ifpeople aneffective wayfor increasing pubheawarernemorabteHUl/Tbomashearings,theTyson/ totem pole from the welfare queen and had to godowntownfortoterviewsbecausethe nessoftheban and to disseminateinformation Jezebel" makes one think about the ugliness Washington spectacle,to twoparents inconpolicy (the ban) is reprehensible. If people flict over how to prepare their daughter, ofsexism andracism to our society. have to be inconvenienced totrying to getthe Ms. Deborah Gottschalk, 3L, ispresiDanisha,forasociety which devalueswomen. dent oftheLGBLS. She was pleased thatthe banoverturned, Ms.Brennan said,they should WOMBman Wars is powerful. Ably switchingfrom manto woman,child to toe protestkept Armyrecruitmentoff-campus. be and it is too bad that they are. adult, Jackson's believability issuchthat one Jackson'sability to express creatively what Mr. ChrisSaporitafrom Act-Up partici- "Ifyoubuildh,they won'tcome" is thetheme almost thinks there is a full ensemble on itmustfeellike to be insomeone else's shoes pated in the protest Speaking forhimselfand she echoedafter thislatest tothe protests at UB makes this a fine and memorable perforstage! not for Act-Up, Mr. Saporita is opposed to Law School over on-campus recruitment by mance, As AnitaHUl, Jacksonevokes thehudiscrimination becauseofsexualorientation. the military while the ban on gays is still to He believes that trying to getpermission to join place. The Opinion October 19,1993 WOMB man 6 WarsWas Worth It �D The ocket Announcements percentagerate for purchases is 12.06percent fortheClassicand 11.06percent forthe Gold, Special UB LawVisa Now which isa very competitive rate. Available to Students " Yougetaninterestfree graceperiod of The Universityatßuffalo SchoolofLaw 25 days. Plus, there isno fee for the first six and Marine Midland Bank have announced months, then thefee iss2sfortheClassic, $45 plans to jointly introduce and market a Visa fortheGold." credit card. It will be offered to both Classic Other benefits include a free line of and Gold for the School of Law's alumni, personalized credit checks; credit cardregisfaculty, staff, studentsand friends. trationand changeofaddress service; $ 3,000 Imprinted withtheLaw School'sname lost luggagereimbursement; emergency cash and art decoLady Justice logo, theaffinity card and cardreplacement; emergency airline tickinstantly identifies thecard holderas a memets; 24 hour toll free traveler's message service; and worldwidecash access. berofthe ÜBLaw School family. All financial transactions between the "Every timeyouuseyour VISA cardto make a purchase, a donation is made to the card holderand the bankare strictlyconfidenUniversity atBuffalo School ofLaw at no tial. ' 'TheLawSchool willnot be involved to additional costtoyou," saysllene Fleischmann, your personal finances," saysFleischmann. executive directorofthe Law Alumni Asso' 'Marine Midland is known for its good customer service, which is one ofthereasons we ciation, whose members negotiated the contract with MarineMidland. chose them," shesays. Credit card applications will soon be Thosewho want the card should call 1 mailed toalumni/ac and friends. Faculty, staff 800-850-3144 and ask for operator LAW-2, and students will receive them to their Law Monday through Friday from 8 a.m. to midSchoolmail boxes.Anyone who wantsone can night. Orwriteto Marine MidlandBank, Uniapplyversity at Buffalo School ofLaw, P.O. Box "We think this is a good deal," says 4707,8uffa10,N.Y. 14240-8896. Fleischmann.' "There isalow toterestrate of "If enough people participate to the 9.9 percent for balances transferredfrom other program, the Law School could earn serious higher-interest rate credit cards. The annual money.Wouldn'tthatbe great?'' — - ...Finley, P.A.D. Holds Initiation PhiAlpha Delta(P.A.D.), International Law Fraternity, sponsored it's semi-annual initiationceremony Tuesday evening, Oct. 5, to O'Brian Hall. Installment of officers included Christin Horsley as Justice, Jane Monaghan as Vice Justice,and Toni Lorio as Activities Coordinator. Twenty-seven new initiates attended the ceremonies. The new PAD. members are PaulAntonowicz, Heather Baun, Bridget Cawley, Steven Cox, Eric Dawson, Joseph Del Vecchio, Noemi Fernandez, Audrea Ftolay, JohnGasper, Dawn Harris, Emily Leach, Fernando Leal, John Leifert, Timothy Mackenzie, Shannon Mclntee, Lisa Nasiak, Sharon Nosenchuck, Diana Osterman, VenitaParker, Yvan-Claude Pierre,Charles Smouse, JohnStanton, Patricia Swolak, Laura Wienecke, Elizabeth Wjasow, Jill Zubler, and Peter Zummo. Congratulations to all! P.A.D. plans to have the next initiation to the Spring of 1994. Here Come theFinal Rounds! The final round of the 1993 Desmond Moot Court Competitionwill beheld at 2p.m. at the Ceremonial Courtroom (Part 6) Erie County HalLFrankltoStreet(cornerofCourt and Franklin), in Buffalo. The public is invited to learn first hand: Will the conviction ofDr. RogerMortis stand orbeoverturned? Underthe proposedbill,FakeNails would be mittee, ithasalready occurred,particularly to liable for compensatory damages,butnotfor the area ofproducts for women (breast impunitive damages. plants, DES, the Dalkon Shield, Copper-7, Butwhy not punitive damages? RelyTampons,Accutane,Ritodtoe). JustbeProfessorFinley pototsoutthis is wrong: causethe FDA has approved a drug ormedical there isnorealreason whyFakeNailsshould be device,this does not mean these thingsare safe immunized against punitive damages. The products,nordoesitmeanthattoemanufacturF.D.A. isahelpful tool forregulation, butjust ersprudently andreasonably tested the safety because the F.D.A. approves something does oftheproducts,nordoesitmeanthattheburden that mean that manufacturers should not be ofproofofaconscious disregardforhealthand assessed punitive damages for consciousdissafety should beexcessively highfor the conregard ofhealth and safety? The point that sumer, nordoes mean that the' 'invisibility of Professor Finley presses is that F.D.A. ap- women's health product testing has been adproval shouldnotpre-emptthe manufacturer' s equatelyaddressed. Andifthe manufacturer isfound guilty liability inany respect Arguably, thisbill does and thenassessedfor compensatory damages, justthat Somewould arguethat the' 'Beautiful thenwhy shouldn'tthey beassessed forpuniNails" scenario wouldneverhappen. But,as tive damages as well,when necessary? The effects thatmany ofthesehorrendous drugsand Professor Finley pointed outto the Subcom- medicaldeviceshavehad on women* s lives is not covered underthe sphere ofcompensatory damages: it is the sphere ofpunitive damages whichprovides for ajustremedy. Professor Ftoley's research and testimony strive to insurethat product liability law is "fair to both consumers and industry". Recovery ofpunitivedamagescaused by drugs anddevicesapproved by theF.DA. shouldnot be prohibited: it is unfair to do so. And as Professor Finley argues to her work, such margtoalization of an issue so particularly relevant to somany women isnot only unfair, butarguablyprejudiced. Do weallowa bunch ofmentositaroundandmakelawsthatdeftoe whatdamagesarereal- deserving ofcompensation- and which damages are' 'womanly and undeservtogofajust remedy? continuedfrompage 1 Baptiste had not received a copy of the proposal as ofOct 13. "Ithasnotbeen distributed to SBA for our disseminationand comments,'' Baptiste said. "It would at least be reviewed by the tan boardofdirectors.butwehaven'thadachance to evaluate it "From what I understandwe will getit fromDeanNewell for us to commenton. The comments willbe compiled and distributedto thefaculty sothey canreview them. To date, we haven'treceived italthough I know there are only two weeks before the next faculty meeting." When asked to comment on the proposal, Baptisteresponded, "Idon'tknow how far it goeswithout seeing it. I thinkit's fairfor thestudents to havean ideaofwhat's expected ofthem, butit'simportant those expectations be withinconstraints andwithin expectations. The studentsrights have to be protected and that's whatSBA ishere for.' * Newell said it was important for the studentbody, the faculty and the staff to have some guidelines as to what the law school expects regarding behavior. She mentioned thatwhilethenumberofreportedtocidentsof hateful behavior have diminished to thepast years, she feels the need for a code of conduct is great. She emphasized thatdespite the probableinclusion ofaspeech provision, itwasnot intended as a code to regulate speech, but rather asan attempt governing behavior. At the present time, many law schools across the country, including the University at LOWDOWN:AlisonDesForges,Co-chair oftoe fotemationalCommissionOnHuman Rights Abuse to Rwanda, willbe speaking on "The International Commission as a Model for Intervention In Human Rights Abuses." SponsoredbytheGraduateGroupfor Human Rights. For more tofbrmation,stop by408 O'Brianorleaveanote toBox 734. WHAT: SheilaHealy, Director, Governor's Office ofLesbianand GayConcerns WHEN:3:3opmWednesday,Oct2o,l993 WHERE: 106O'Brian LOWDOWN: Coming OutDay Event WHAT: ClareRegan, speakingon "Honest Drug Education: A Solution?" WH£N:4p,m.Oct.2o WHERE: 110KnoxHall LOWDOWN: Leamabout America's "irrational drugpoticy." WHAT: TakeBack TheNight WHEN: 7 p.m.Wednesday, Oct 20 RAIN ORSHINE! continuedfrompage 1 ...Conduct, TheLowdown WHAT: Alison Dcs Forges speaking on human rights to Africa WHEN: 3:30p.m. Tuesday,Oct 19 WHERE: 545O'Brian(FacultyLounge) Buffalo School ofLaw, have* no code while othershave codes specifying the conductexpected, Newell said If thefaculty is to favor of the policy and the Law School receives approval from Albany, Newell said she wasn't sure ifpossible studentopposition could stop its implementation. While September 1994 is the optimistic implementation date targeted, Newell said issues still remain to be resolved. Included among these are who willadjudicate thematters covered under the policy. The FacultyStudents Relations Board isa standing committee with seven members, but Newell said it has traditionally only handled academic matters and fraudulent behavior. MadisonBoyce said the Student-Wide Judiciary Board currentlyhas jurisdiction over students, butnotlaw students. Hesaidthebylaws ofthe board state the law students may havetheir disputes settledby the student-wide judiciaryboard, butonly ifboth partiesagree. Boyce said, however, that he was recently informed that Universityrules state the rules apply toall students, including students oftheLaw School Boyce said itwaspresendy unclear ifthe JudiciaryBoard hasjurisdiction over the law students. Whilethe Law School hasno definitive policy regulating hateful speech at present it appears thata "Faculty Statement Regardtog Intellectual Freedom, Tolerance and Prohibited Harassment" passed to 1987 and amended to 1988 is still to place. In that statement, whichwas unanimously adoptedby thefaculty, paragraph threeincludes the statement, "it shouldbe understood thatremarks directed at another's race, sex, religion, national origin, age or sexual preference willbe ill-received, orthatracist, sexist,homophobic and anti-lesbian, ageistand ethnically derogatory statements,as well as otherremarks based onprejudiceand groupstereotype, willgenerate criticalresponses and swift, open condemnationby thefaculty, whereverand whenever they occur."In 1988,thefaodtyreaffirmed its statement, confirming that paragraph three "as presentiy constituted, does not contemplate impositionofsanctions..." The statementwas tested to court, with the Honorable Richard J. Arcara,UnitedStates DistrictJudgefor the WestemDistrictofNew Yorkdeciding thelawstudents challenging the statementhadno standing because thethey had sufferedno injuryfMajchrzakandWiencekv. FacultyofLaw and Jurisprudence. StateUniversity ofNew York at Buffalo, et aI.V In his 1991ruling, Jiidge Arcara cited Valley Forge Christian College v. Americans forthe Separation ofChurch and State. Inc. 454 U.S. 464, 472 (1982), whichheldthat to order to invoke federal jurisdiction,''[a] plaintiffmust allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to beredressed by therequestedrelief." Finding the students didnotmeet the criteria, the complaint was dismissed. It is unclear whether the faculty statementora newly drafted statement will be the oneincluded to the code ofstudent conduct WHERE: Hayes Hah, UB South Campus, next to the Metro station LOWDOWN: Everyone iswelcome to help increaseawarenessabout toe growing problems ofrape and sexual assault. The AntiRape Task Force aims to empower sexual assault survivors and to join together to resrx>ndto violenceagainstwomen and men. WHAT: "The Path to a New Guatemala: Refugees Return Home WHEN: 3:3op.m.Monday,Nov. 1,1993 WHERE: 545 O'BrianfFaculryLounge) LOWDOWN: JimenezPascual Jose speaks on Guatemalanrefugees returning toGuatemala fromMexico. Sponsored by dieLatin American Law Students Association (LALSA) and the Graduate Group for HumanRights. Formore information, stop by 408 O'Brianorleaveanotetoßox734. ...Stairmaster, continuedfrompage 5 themto gentlylower me down. Afterlwas free, they pointed outhow the floor ofthe elevator was less than half-a-foot thick. Had I slid backwards while disembarking, I couldhave goneright downthe shaft. (I believe most of uscan vividly recall the episode of L.A. Law to which Rosalind Shays fell toher death downanopen elevator shaft.) Now that was the scary part! Rushing to meet Lisa, at first I laughedofftheelevatortocident Butthen, as theday woreon,lfoundmyselfsuffering from a type of PTED (Post Traumatic ElevatorDisorder). Icouldn'tbringmyselfto enter an elevator again. My PTED worsenedover thenext few days. Icouldn'tenteraUß Law School elevator,noteventogo from the basement to the seventh floor. When I entered an elevator elsewhere, the normal shaking nearly sent me into a frenzy. Last, butfar fromleast,toe soundoftheelevator dinging tends to sendme diving forcover. Since the elevator incident, I've mastered the UB Law School stairs. I'm feeling to better shape, more energy, less anxieties, seemingly brighter days, etc. I'm grateful to UB fornotbettermaintatotog the elevators. It'sallowed me to get so much more exercise. I can onlyhope that all ofyouare fortunate enough to be stuck insideadefectiveUßLawSchoolelevator. Afterthat,you too can benefitfrommastering the stairs here at the law school. October 19,1993 The Opinion 7 �1 WERE NOT THE BEST I BECAUSE WE'RE THE aaaaaak aaaaß WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-10-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/19/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3f1dc4d6ce216bc1c9d01893c159c712.pdf 9e82f6fafbe08d2c8ef9da9e36d4e699 PDF Text Text O THE PINION October 5,1993 STATE UNIVERSITY OFNEWYORK AT BUFFALO SCHOOL OF LAW Volume 34, No. 3 Out Flanked! PhotobyDan Harris ResulI tTAhr n... Law Students Elect Their Class Directors byJeffreyA. Schoenborn TheUßLaw community is surelybreath- Members oftheLesbian\Gay\BisexualLaw Studentskept the NavyJA G Corprecruiters at bay yesterday,forcing the cancellation ofinterviews thatfellow students had with the Navy reps. The ban on gays in the military was thereason for theprotest. SeePage 3. ing easiernowlhatthe voteshavebeen counted. Students can say''The University at Buffalo SchoolofLaw" withconfidence thatit'sbeing saidright. The "Parliamentarian/OfficeManager' ' can finally get down to the business that the title describes. Most importantly, the new ClassDirectorsofthe Studentßar Association can start working towards theircampaign goals, some ofwhich were voiced during an open forum the day before elections. Third Year Class DirectorChuck Greenbergtoldabout 2 5 spectators that he wants the SBA to push for change in the school's grading system. "I really think it's time the administration returned to weighted grades and giving grade points so UB Lawcan be more competitive,'' Greenberg said. James Lynch was the only otherThirdYear Director to speak atthe forum, and he emphasizedboosting thelaw school's image to make getting a job easier. The soleSecond YearDirector to speak agreed withLynch. "The betterthereputation and ranking .Results, continuedonpage 8 1993-943L CLASS DIRECTORS JamesLynch (46) Chuck Greenberg (25) �Kevin Collins (10) Joe Antonechia (8) �Dan Harris (5) �HelenPundurs (3) * 1993-942L CLASS DIRECTORS Christin Horsley(69) Marjory Avant (66) Nicole Holder (64) Darryl Salas (64) David Nemeroff(56) Victor Bobet (56) 1993-94IL CLASS DIRECTORS BenDwyer(ll3) Sue Etu (97) Sada Manickam (92) Reda Austin (80) Elizabeth Jewett (73) Craig Brown (63) .. Cheney Condemns Americans' Shortsightedness bySharon Nosenchuck,..News Editor Defense and foreign policy must be a priority in the years ahead, saidDick Cheney, *signifiesawrrte-incandjdato () signifiesnumber ofvotesreceived and defense issues andagrowingresistanceto thingslike NAFTA. He noted thatthe American public has increasingly been focusing on former Secretary ofDefense under the Bush domestic concernsratherthantheworldaround Administration. • us. Cheney,whoheldhispost inthe Cabinet Cheney kicked offthis year's Distinduring the Persian Gulf War, listed several guished Speakers Series, addressing anaudience in Alumni Arena last Tuesday. misperceptions thathefeels contributes tothis Cheney, appointed Secretary ofDefense focus away from international issues. He in 1989,spentmostofhis time discussing two suggested that it is wrong to think that the issues-howmuchmiUtary is enoughasaresult outeomeoftheColdWarwaspre-ordained. He ofthe end of the Cold War and when is it explained that many think that in the end, Communism was doomed to collapse ofits appropriate to use the militaryand putAmeriownaccordanddidnotneedU.S. effort Cheney cans into combat. Withthe end ofthe Cold War,there was deniedthis, saying that U.S. leadership was a' 'turning inward" across the United States, needed to end the Cold War. Discussing the last Tuesday said Cheney. Several manifestations ofthis problemsoftheformerU.S.S.R, Cheney noted FormerSecretary ofDefense Dick Cheney addressed UB students photobyßenKason turninginward thatCheneycitedincluded the that the former Soviet republics will have to dangerousnuclear weapons. He warnedthat authority that the U.S. has. Movingontothesecondtopicofhistalk, sort outtheirproblems over the next 10to 30 the U.S. must be concerned and involved in fact thatthe 1992Presidential Campaign concentrated more on domesticthan foreignpolicy years, all the while having a stockpde of these developments inthe newrepublics and Cheney discussed the question ofhow much that the U.S. must support these fledgling military does the United States need. He democraciesand theirfree marketeconomies. argued that thenation needs enoughmilitary to Student Groups Part In International Rally Cheney told the audience that "we have no deny an adversary controlof the globe. This Leads Anti-NAFTA Protest ''requires theU. S. to maintainacertain modichoice but to be involved.'' byJoeAntonecchia and that Cheney cum ofmilitary capabdity," states Cheney. A second misperception ing social consequences o Kevin P. Collins, Managing cites isthattheUnitedStatescanletsomebody " Wehave alreadymade theadjustment forthe the North American Free Editor else take responsibility. Some say that the endoftheColdWar." TradeAgreementfNAFTA) Members of theLabor President Clinton wants to take these nationswho benefittedeconomically fromthe forthepeopleofallthreecounmployment Law Assocuts and make them faster and deeper, critipeace thatthe U.S. has provided should now tries. ciation, the Law Students for cizedCheney. He finds a problem inthe way carry the burden, stated Cheney. However, he The breakfas Corporate Accountability, and is like Administration is imposing these the Clinton pointed out that no other nation trusted wasfollowed byapress con the National Lawyers Guild nobody else the U.S. and that has the moral ference and car caravan ..Cheney, continued onpage 9 took part in organizing and aroundtheTricoplantonMain marching in a "Not This Street inBuffalo. Here,Jack NAFTA'' rally this past Satson again strongly spoke ou urday, October2nd, inBuffalo Rev. Jesse Jackson againstNAFTA,beingjoinec and Niagara Falls, Canada. Therally wasattended byoverone thousand by national and local leaders who support 3 Students Protest Navy Recruitment American, Canadian and Mexican citizens. laborrights,acleanenvironmentandsocia 4-5 Editorials and Commentaries justice across all three borders. National Tlieday'sevents beganwithaßainbowßreakleaders included Jan Pierce, Vice President 7 fast attheBuffalo Convention Center in downA Look at New Faculty Member,Prof.Dubber. ofDistrict 1 oftheCommunications Workers town Buffalo, wherethe Rev. Jesse Jackson 9 I Ls scramble for seats ofAmerica, Jose Lalus, Education Director (founder and President ofthe National RainI I Docket bow Coalition) spoke outagainst the damag- ofthe Amalgamated Clothing and Textile .NAFTA, continuedonpage 10 Take JesseJackson , X PnotCimcsyfTh<Spw . HIGHLIGHTS .. , �PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! | ■ I ■ ALL IST. 2ND OR 3RD YEARS: I I Pieper NY-Multistate Bar Review is looking I I for a few good persons to be representatives at your | I law school. If you're at all interested, give us a call. I I CALL 1-800-635-6569 I Work on earning a free Bar Review course. I I . COME JOIN THE PIEPER TEAM!!! I * » �UB Activists Scare Off Navy Navy JAG Corps Cancels On-Campus Interviews at UB Law School byKevin P. Collins, Managing Editor Three days and 24 students worth of interviewswere canceled earlythis past Monday morning,Oct. 4,by theUnited States Navy Judge Advocate General (the JAG Corps) in response to theproposedrally byalaw student group, the Lesbian, Gay, Bisexual Law Students (LGBLS) in response to the military's policyonhomosexuals. TheLGBLS hadplannedtouseacloset (see photo on p. 1),which the students themselvesbuilt outsidethe interviewroom. Each jobapplicant/interviewee would have to walk through the closet in order to enter the interview room (interviews were scheduled to be held Monday Oct. 4 toWednesday Oct 6 with CDC lists cancellation of JAGCinterviews ers and the law student interviewees to the harassmentofhaving to walkthrough acloset toentertheinterviewroom. ABerkeley graduate himself, Middaugh statedthathe did net aMr. MikeNowakfrom9a.m.-5p.m. in Room mind protests andrespected the opinionofthe #411 ofO'Brian Hall). Thiswasto symbolize law student group. However, hebelieved that how,under both the currentmilitarypolicy on having to go through a closet in order to interview for the Navy was going too far. Whde gaysand the proposed President Clinton compromise, ahomosexual is forced to "go into the respecting the right to protest, Commander closet and hidehis or her sexual preference. Middaugh did notwant his offleersand thelaw The Navy called thelaw school earlyMonday student interviewees to be subject to whathe morning to find outwhat, ifany, protests were describedas unsafe conditions. Middaughsaid thathe found itunfortuplanned. Uponleamingofthecloset,theNavy nate thatthepeople hurt inthis situationare not decided to stay away. the ones thatmake the policy on gays in the military. Theinterviewersand the students got THENA VY'S POSITION caught in themiddle ofsomething theyhave no control over, Middaugh reiterated. He stated The decision to not come to the scheduled on campus interview was made by the thathe himself does not set Navy policy and Commanding OfficerOfthe Navy Recruiting thushe is not in aposition tochange any policy. District of Buffalo, Commander Middaugh. Policy ismade inWashington, theCommander The decision was made, according to pointed out andnot in interview rooms. Commander Middaugh did goon to state, Middaugh, inordernot to subjecthis interview- though, thatall students scheduledto be interviewed on campus will be offered interviews offcampus at the Navy Recruiting Center in downtown Buffalo,located at 111 WestHuron Street Buffalo, New York 14202. Yet the processby whichthis was to beaccomplished wasnot clear. Commander Middaugh maybe reached attelephonenumber(7l6) 846-4989. THELGBLS POSITION In a press statementreleased after the Navy's cancellation of the interviews, the LGBLS recognized thattheNavy had decided not to conduct interviews at the law school because ofthe scheduled protest. The group went on to state that the Navyrecognized the rightof students to protestand wouldnothave hadqualmsabout facing banners and placards, but that they were uncomfortable with the closet. Theposition oftheLGBLS has always been thatmilitary recruitment should not be allowedon campusbecause, according to the group,it violatesGovernor Cuomo's ExecutiveOrder#28, whichprohibits state agencies from discriminating based on sexual orientation (i.e. UB isa State law school). This, the group states, isconsistentwiththe State UniversiryofNewYoik(SUNY)BoardofTrustee's ResolutionB3-216andthepolicy ofthe AmericanAssociation ofLaw Schools. The LGBLS pointed out that law students who wish to join the Navy can still JAG Corps, continuedon page 10 ... Speaker says Media unfair to Muslims by Karen A.M. Bailey SunniKhalid, foreign affairs reporter for NationalPublic Radio (NPR), addressedUniversity at Buffalo students on the subject: Islam and AmericanMedia: A CriticalAnalysjg onFriday, Sept. 24. The lecture, which tookplace inNorton Hall'sWoldmanTheater, waspresentedby the Muslim StudentAssociation (MSA). According toMustaphaLockman, TreasurerofMSA, Khalid, a Muslim, waschosen"becauseofhis experience in the media and hisability to give specific examples ofthetreatment ofMuslims in America." Khalid expressed "alotofpride in being aMuslimand areporter." Hepointed outthat despite what he perceives as the American media's negative portrayal ofMuslims, he has no personal conflict in being a part of the industry. Heemphasizedthathisprofessional duty " is not toespouse but to provide accurate SunniKhalid, NPR reporter, spokeFriday tion,' 'aren'tMuslimsdangerous?'' truthfulnews stories.'' At this point in his lecture, Khalid According to Khalid, his professional colleagues sometimes lose the element of sarcastically mv ited hispredominantly Musaccuracy when covering stories on Muslim lim audience totake out theweapons that they should all be carrying, as per portrayals of nations or individuals. Aftercommending NPR for "being the Muslims in the media. Khalid then informed best in the business at what it does,'' Khalid them that contrary topopular belief, thegroup that has performed the greatest number of alsopointed outthat "NPR, aliberal organization that prides itselfon being on the cutting terrorist acts against the U.S. is not a Muslim edge, also falls short on fairrepresentation of affiliate, butthePuerto Rican Nationalists. He thenadded that"youwouldn'tknowthat from Muslims." he During thelecture provided several themedia." Healso noted the media's choice ofthe examples to supporthispoints. Hespokeofone editorwho insisted on distinguishing between termfundamentalist leader as opposed to Americanfollowers ofIslam as Muslimsand thatof' 'religious leader whenreferring to "those over there" [in the Middle East] as Muslim leaders. Khalid compared coverage Moslems, despite Khalid's efforts to inform ofthe Waco Texas stand-offto thecoverageof the World Trade Center bombing and noted her that all members ofthereligion areconsidthat it was an example ofthe media's treatered"Muslims." ofChristians vs it's treatment ofMusof ment Khalid joked about the resistance those in the field to pronounce his name corlims. He argued that it was understood that rectly, double check difficult Arabic names David Koresh was an extremist but Muslim beforeprinting them, or present stories onthe extremists were portrayed as being withinthe radio. He offered somesobering experiences religion'snorms. According to Khalid, problems withthe ofnot having resumesanswered becauseofhis nameand theperceptions dial are often placed finished news product can be traced to defiwith it ciencies in the newsgathering process. He explained that this is an important factor beAccording to Khalid, recently a colleague at the New York Times, upon being cause editors ofAmerican newspapers, the introduced to him, responded with theques- peoplewhodecidewhatstorieswillbecovered and who should cover them, are not a diverse group. Mr.Khalid said thatalthough diversity is verbally promoted in the media,' 'editors don'tseepeople[likemy self] at theirmeetings and are indifferent atbest to whathappens in theThirdWorld." He described, for example, several unsuccessful attempts to encourage hiseditors to cover the events in Somalia months before it became a national issue* Ironically, they only began to look at the story after the New York Times began to cover it. According to Khalid, when NPR didbegin coverageofSomalia, he had to "beg" and "fight" to be allowed to cover it. In hisview, when groups, likeMuslims, are absent from the crucial decision-making phases ofnewsproduction, there islittle opportunity to ensure fairrepresentation. According to Khalid, the result ofthisprocess is stereotypicalrepresentation and inaccurate stories. As an example ofwhathe perceived to be a biased and insensitive approach, Khalid cited a reporter whose first question to a Somaliwas''Aren'tyou happy that theAmerican troopsarehere?" He continued by pointing out that"you haveto care enough about people to let them tell their stories." According to Khalid, "a lot of reporters don'tlook at the Somalis,orother Muslimand African groups as people." He added,' 'when I look at the Somalis, I see fanuly.'' When asked whether hethought thatany news organization dida goodjobofreporting, he cited the BBC because' 'they have correspondents who comefrom the countries that they coverorwho at leastspeak thelanguage.'' In addition, hecited CNN as doing a goodjob withits " International Hour," and added that the Washington Post and New York Times werecommendable printmedia. In summary, Khalid pointed out that must accommodate therest ofthe America '' global community with a higher degree of respect especially giventhe changing demographics (noting that population growth is occurring inThird World countries at a fasterrate than it is in the West).'' Healso emphasized thatthepublic actively demand fair representation and coverage in the media. Moot Courts Clash on Nat'l Comp. Requirements by Karen A.M. Bailey As thisyear's aspiring winners prepare for the annual Desmond Moot Court Competition, there's a bitmore in the air than the usual heat At issue isa requirement that limits participation in national moot court competitions to those on the Buffalo MootCourtBoard. Thecontroversy firsttook onapublic nature when Doug Sylvester, Jay Fleischmanand SimonConte wrote aletter to the editor,'' in the last issue ofthe Opinion, opposing the requirement. The signees described themselves as "deeply disturbed bytherequirementthatthe' 'enriching experience ofmootcourtcompetition [wdl] be restricted only to Desmond Moot Court Members." According to the letter, "we allpay SBA fees,why shouldthe benefit ofthesefees accrue only to certain club members?" However, Joel Sunshine, directorof theßuffaloLaw MootCourtBoard, seesthe issue difierendy."Being on theMootCourt Board carriesa tremendous timecommitment.Ontheaverage,amemberspendsone hundredhoursparticipatinginthe Desmond MootCourtCompetition, fortyto fiftyhours on theMugel Tax MootCourtCompetition and tenhours more[theyearafter selection] running theDesmondMootCourt." He emphasizes thatno one gets paid and no one gets school credit. The one real privilege (other thanhavingiton yourresume) is tobe able to represent your school in a national competition." In Sylvester'sopinion,thetimecommitment is noteworthy buttheprivdegeof putting ' 'moot court ona resume is, by itself,alargereward.' 'Putting thaton their resumeisahugebenefitandemployerslook forit That's thereasonninery-ninepercent ofpeople do it; to get it on their resumes.'' In response to the question ofwhether the sharpeningofadvocacyskillscouklbeconsideredmotivation, hepointsoutthat' 'they [thecompetitors] enjoy the experience most ofthe time,''but skillslike briefwritingand public speaking are' 'things thatthey either learn inclass or later[upon employment]." Sylvester however, seems to consider the resume, "the one real privilege" and the national moot court competition, aright. In Sunshine'sview, ifanyonehasthe right, it's amoot court member.' 'Theadministration only allows us to send six students or three teams (at a maximum) each year. Why should weallow others to represent Buffalo after the proven ability and time commitment ofthe moot court members?" He adds, "especially ifwe're trying to send the best teams.'' For some, a quick response to this question comes from the example oflast year's competitors in theNational EnvironmentalLawMoot CourtCompetition. Dan Spitzer, now a graduate, and Elizabeth Beiring, who is inher fourth yearin a joint degreeprogramenteredandwon thenation's largest moot court competition. While neither contestant was a member of the BuffaloLaw MootCourtßoard, Ms. Beiring had memberships on no other mootcourt board According to the letter, "the competitionwas covered by the national press and the victoryby thetwo participants didmore to enhance ÜB's reputation than anything the Desmond Board lias done in recent memory." Theconcem ofSyrvesterandhis colleagues is that opportunities like this ... Moot Court, October 5,1993 continued onpage 6 The Opinion 3 �sdfdsfsdfsdf (jjjj" OPDSHON Volume 34, No. 3 October 5,1993 Editor-in-Chief: ManagingEditor: Business Manager: News Editor: Features Editor: Layout Editor: PaulH.Roalsvig Kevin P. Collins Lisa Nasiak SharonNosenchuck Maria T.Buchanan Evanßaranoff DanHarris PhotographyEditor: ArtDirector: KathyKorbuly StaffWriters: Saultan H. Baptiste, JoeKhanna, Tracy D. Sammarco Contributors: Jeffrey A. Schoenborn, Eric Dawson, Peter Zummo, BridgetCawley, Ben 'ierson, Shawn Carey, Karen A.M. Bailey, PaulKeaton. and CalRypken Special Thanks to ourrespective Moms andJoeAntonecchia EDITORIAL UB Law School: Time to Move It In case you haven't heard by now, there appears to be some serious discussion going onabout moving the Law School. In hisletter to fellowUB Law Alumni, President Mark G. Farrell noted thatthe Association is looking intothe possibility ofconstructing a new building complex to house the Law School towardstheend ofthis decade". We welcomethis idea.The design ofO' Brian Halland itsplacementrelative to the other buildings on this campus has resulted in noise, wear, and tearon the firstand secondfloors. Furthermore, when O' Brian wasbuilt, nobodyanticipated the need for such things as computer labs. Our law student lounges, where traditionally we hadthe opportunityto relax and discuss ideaswithotherstudents, were sacrificed in order to bring the Law School intothe computerage. The Law School building is only apartofthe larger SUNY campus. Total control ofO' Brian Hall's facilities does notrest withthe Law School, and as other departments on campus have needed more classroom space, SUNY Buffalo has steadily turned to the facilitiesofO'Brian Hall to accomodate them. This shortage of space has led to law student groups being shunted into office spaces in increasingly remote corners ofO'Brian Hall. With a large volume oftraffic on the second floor walkway, the wide area in frontofthe Law Library has gradually become what Dean Boyer terms "a University-wide flea market." We are ofcourse all too familiarwith complaint that theLaw Library facilitiesare being constantly used by non-law students. The time hascome to seriously begin to plan for ourLaw School's future, and tobegin thinking ofmoving the Law School to a better facility. We feel the University at Buffalo's School ofLaw should be moved to downtown Buffalo. There are manyreasons why we feel amovesuch as thiswould be beneficial tothe Law School. Itshould bemoved to downtown Buffalo in order to better integrate the School ofLaw with the changing needs ofthe legal community ofwesternNew York. The facilitiesofÜB's Law School should be a more valuable resource to the inhabitants ofwestern New York, and the Law School should be located whereitcan do the most good. This means being in closer proximity to federal, state, county, and city governmental offices, the court system, law enforcement offices, holding centers, otherlaw libraries, volunteer legal agencies, and of course private law offices. The vast majority of these agencies and officesare in downtown Buffalo, a trek from the SUNY campus in Amherst. Law students should have easy access to observing first-hand the real workings ofthe law, and we feel this can only bebest accomplished by letting the LawSchool communitybecome an integral component oftheBuffalo and western New York legal community. Nothing beatshands-on experience, and it is our opinion thatadowntownlawschool would provide increased opportunities forUB Law students to gain this type ofexperience. It is generallyagreed that thesegment ofthelocal population thatneeds legalhelp the mostare those less-than affluent members ofsociety, a large number ofwhich inhabit our cities. We feel the benefits ofmoving the Law School would accrue to all parties concerned: the Law School, the city ofBuffalo, Erie County, the students ofUB Law, and the western New York community. Copyright 1993. The Opinion. SBA. Anyreproduction ofmaterialsherein is strictly prohibited withouttheexpressconsent oftheEditors. TJieOpinipnispublishedevery two weeks during theFall andSpringsemesters. Itis thestudentnewspaper oftheStateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofThe Opinion. TheOpinion is a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofTheOpinion is determinedby theEditors. TheOpinion is funded by theSBA from StudentLaw Fees, TheOpinion welcomes lettersto theeditor but reserves theright to editfor length and libelouscontent. Letters longer thanthree typed doublespaced pages will be editedfor length. Please do not put anything youwish printed under our office door. Submissionscan be sent via Campus or UnitedStates Mail to TheOpinion. SUNY AB Amherst Campus, 724 JohnLord O'BrianHall.Bufralo.NewYork 14260(716)645-2147 orplacedinlawschoolmailbox76l. Deadlines forthe semester are the Friday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 TheOpinion October 5,1993 OpinoMailbox Protests HurtYour Peers KTo the Editor: Thereseemstobeasubstantialnumberofindividuithin the law school who feel that the military discriminates on the basis of sexual orientation. The issue is certainly not easdy resolved or even comprehended. I wouldlike to offermy viewpoint onthissubject matter.having servedonactiveduty in the United States Air Force forfiveyears priorto attending law school here atUB. Specifically, lam compelled to speak outagainst the demonstration intendedto disrupttheJudgeAdvocate General's Corpsinterviews being conducted on campus. Therights ofthosewho are consideringthe JAG Corps as a desirable option are being infringed upon and I find it very upsetting that the Law School Administration is permitting this puerile and misplaced interference to occur. I completely agreewith the application oftheright to free speech in thiscontextand I would have no objection to a demonstrationthat was truly peaceful in nature. However, theright to free speech must belimited whenits exercise results in harm to another. This demonstration is clearly designedto intimidateandharass those that wantto take part ina perfectiy legitimate hiring interview. For those ofyouwho don'tknow, the iruiitary hiring interview, thatisrequired as part oftheapplication process to the JAG Corps ofany branch ofthe service,is a criticaland heavdy weighted factor thatthe selection boardwill consider. I hope that all ofyourealize that expressing your opinions inthis mannerhas asignificantiy detrimentaleffecton the careers of those UB students who desire to enter the military. I really thought that law students were supposed to be able to understand proper and effective means to influencechange, especially whenthere may be other individual liberties at stake. Apparently wehaven'tbeenleammgthesameadvocacy skills ifsomeofyouthink that terrorism is alegitimate form ofargumentation. Concern overthis issue shouldbe directed to those that can actually dosomethingabout it notthe recruiters or candidates. If thebanis ever going to be lifted, itwon'tbebecause UBlaw students directedtheirhatred ofthemilitarytoward thoseofus who wanttobeapartofit. Even ifthisdemonstrationwereto servetheapparentpurpose ofdisruptingthe JAGinterviews, I don't see how thathasanything to do with lifting the ban on homosexuals in the military. It will only prove that some ofus don'tknow the correct methods or appropriate individuals to address. It would appear that this demonstration is being organized simply because military officers are going to be on campusand the opportunity to hurtothershas arisen. Although some wouldargue thatthetimehas come to givethe militarya tasteofits ownmedicine, I would hope that the sophistication ofour law school has not descended to that depth. If this really is a manifestation of a desire to attack the military, then go ahead and attack me. Just see where it gets you. But honesdy, I'mnot gayand none ofy ou intend to go into the military anyway-so lets just leave each other alone. - KirkObearJL ... Opinion Mailbox, continuednextpage Retraction: Sorryto lLßobertJohnson, whowelistedas2LWalter Johnson, and wholost he SBA elections. But takeit from us, you really won, andy ouw ill always be our Hall ofFamer. �Who is responsible for the rape? Introspection Features Editor By MariaT. Buchanan Back inmy high schoolyears, whenI was welfare system, but because these children stillnaiveand my opinions tended to shadow should have never become "parents" at this thoseofmy parents, I thoughtthatabortion was point in theirlives. lam innowayarguing thatapersonwho wrong. I remember a chart that my mother showedme comparing the number ofabortions conceives a child before a certain age isany performed eachyearwiththe numberofcasulesscapableofbeing agoodparentthan somealties in various wars (I'm sure die pro-life one who is older. I realize that many young groupresponsible forthis propaganda wasacparents are probably fineparents. However, I curate in its estimates). At that time, I had feel thatit is a sad situation when children are difficultyunderstanding how someone could raised by "parents " whose primary concern is the type of 'GEAR they are going to wear. reach that decision. Recently, while on theMetro, I observed Why shouldabortionbekept legal? As youknow, there arenumeroustheoriesonthis aconversationbetweenagroupoffiveyouths. subject I feel thatfor theanswer, one need only Two ofthese youths were a couple who disto observe a day onthe Metro rail. Imuststate cussed theirbaby and theirrecent purchase of thatthe following comments are my observa- baby Air Jordans. Thegroupwasontheirway tions and are not meant to condemn any parto the Galleria Mall and planned to shop at ticularrace — for the problem is cross-racial. BabyGapandFootLockerforKids. These five youths collectively could notread theirtransRiding the Metro each day this past fer ticket. In addition, they were passing summer, I was awakened to the depth ofthe marijuana around in plain view, showing no problem of teen pregnancy. Each day these respect forthose passengers around them. "parents" (who seemed to look asyoung as 14) Although it is nice to see that these would boardthe subway to go down to theRath ' 'parents'' are concerned withclothing their child, I would betthattheirchildren are being Building, the home oftheErie CountyDepartment of Social Services. These "parents" deprivedin many aspects oftheirlives. These appeared to be inneed ofparents themselves. ' 'parents'' should have been in school at the The situation disgusted me not because the time they were cruising the Galleria. Hadthey majority ofthese "parents" are a burden onthe been in school, maybe they couldhave learned Opinion Mailbox, continuedfrom to formacomplete sentence withouttheword ' 'FUCK coming outoftheirmouths. Itendtodoubtthatthese"parents"have the abtiity to nurture theirchild's educational development Howarethey goingto read Snow White to their children if they can't read themselves? These "parents" may desire morefor theirchildren, butwhat arethechances that theirchUdren's lives will differ from that oftheir own? There are no religiously or otherwise affiliatedpersons or groups inthis nationthat are going to stop thesekids from having sex. The powers that be should see to it thatthese kids have birth control available to them, not only for prevention ofunwanted pregnancies, butalso for healthreasons. Those citizensthat feel their tax dollars should not go toward such a thing, should understand that the small cost ofonepiece ofrubber can offsetthe expenditure ofthousands ofdollars spent on an individual forced onto the welfarerolls. Those child' 'parents'' who wantabetter lifefor themselves and any future children theymay have, should be allowedthe opportunity to choose the best path for their future regardless ofwhetherthat path to a better life involves anabortion ornot — page 4 Stop Glorifying Gun Usage To the Editor: Theother day as I walked downtheO'Brian Hall stairs, two signs posted onthe brick wallscaught myattention. One sign wasposted by a candidate for an SBA position. I have never met this person and, as a faculty member, have at best an attenuated interest in the SBA elections. I have to admit that I was shocked by his campaign image - the candidate witha visiblerifle or facsimile and areference to being a' 'hired gun." I am fully aware of the implications of the verbal message which the candidate was conveying astatement whichI personally believereinforces the worst images of our profession. In any case, it does not require a deep deconstruction ofthe poster toraise serious issues aboutthe casualness with which we treat violence in our societyand its intrusion into the most unlikely places. In conversations with law students about the image, several peoplesuggested thatitwasa' 'joke.'' Someindividuals maysee humor in the image. I must note, however, frommy workwithbatterers, that humor about violence is one oftheir well-developed denial mecha- - tamed a photograph ofa man (ostensibly a lawyer) with a gun holster athis hipand the challenging words "make us pay." The image was so artfully constructed that on casual glance I saw agun in the holster. It wasmy secretary, IndaKelly, who took ahardlook at the poster and informed me that therewere dollar bills in the holster. Again, it does notrequireamajorcultural analysis and critique toraise questionsabout the message and the choice of images to convey it. Dollars and the equipment we associate with a gunand therefore, violence. man eraofpost-modernimage fragmentation, recombination and recontextualization, I suppose there are no boundaries. Does itfollow that thereis no responsibility or accountability for images? Iinvite discussion through this paper orwithmepersonally about the issues I have raised. Needless to say, as a teacher whose seminar on' 'Terrorism in the Home addressesthe pervasiveness ofviolence in theU.S., lam dgspjy concerned. Sincerely, Isabel Marcus ProfessorofLaw nisms. The second poster was an advertisementforLexis which con- Open LetterTo President Greiner DearPresident Greiner: OnWednesday, September 16,1993, you appeared on aWBFO call-in show. A law student' 'Anthony,'' called and asked you several questions. He firstasked about the two conservative distinguished speakers, thenabout adding "sexual orientation" to the University' s non-discrimination policy, and finally about allowing the military to recruit on campus. At no time did he state or imply that he was gay or bisexual. However, early thenext morning hereceived harassing, anti-gayphone calls. Wearenotsuggestingthatyouoryour responses areresponsible forthe actions ofthis bigot. However, we think thatitisimportantfor you to be aware that this happened, because it is indicative of the atmosphere towards gay,lesbian, bisexual,and transgendered persons on campus. Foryears, studentsand somefaculty have struggled tomake straight people on this campus more tolerant It is time for the administration to show commitment to this work. There are several simple steps thatcould be taken by you and the administration to demonstrate to the studentbody thatall studentsare welcome on campus and deserving ofbasic respect When answering questionsaboutmilitary recruitment oncampus, instead ofjustspying you are following federal law, you could mention thaty ou findthe discriminationpolicy to beabhorrent andthat the military is only allowed on campus because you have no power to keep them off. (To that extent lastyear theUniversity ofMinnesota's decision to ban military recruiting was upheld in court, and I assume they are subject to the same federal laws as New York.) *It is commendable that the University's non-discrimination policy includes sexualorientation. However, itis disturbingthatmany active studentswere unaware ofthis inclusion. We wouldlike to know * how wecan usethis policy forthis updatedversion to beincluded in all relevant campus publications. Inaddition: �October 1 lthisNational Coming-Out Day. Traditionally, itis also Gay Jeans Day. We ask people, regardless of their sexual orientation,to wearjeans in supportoflesbian and gayrights. The theory behind Gay JeansDay is thatitisaneasy way to show supportjand, since manypeople will wearjeans without knowing orconsidering itis Gay Jeans Day, itdemonstratesthatqueerpeopleare among thepopulation everyday and thatyou cannot tellbylooking at people thatthey are not straight We would like to formally invite you to publicly wear jeans on Gay JeansDay and to stop by ourtables in the SAC andO'Brian Hall to show your support. We would also like for you to encourage all members ofthe University community faculty, staff, administration, and students, to wearjeans. Establish an office ora person to be the liaison between the queer community and theadministration. We would like there to be someone wecan approach with our concerns. A recent Reporter insert from Public Safety explained their policies for various crimes under their jurisdiction. Nothing was mentioned about Hate Crimes. The lack ofinvestigation ofHate Crimeshas been a long-standing complaint oflesbian, gay,bisexual, and transgendered students. Prominentniention would send a strong message to perpetrators and potential perpetrators ofHate Crimes that their actions willnot be tolerated. Theabsence oftheabovemeasures carriesan implicit message thatgay, lesbian,bisexual, and transgendered persons are appropriate targets forharassment, discrimination, and hate. - * * ... Opinion Mailbox, continued onpage 6 byDan Harris, .PhotoEditor This past summerI watched the trial ofAnthony Gugino. It was a fascinating trial, something that would seemperfect for amade-for-TV movie. Oneofthewitnesses was a transsexual. The prosecution's star witness, Robert Rawley, claimed to have helped Guginodisposeofthebody.Gugino, inhisdefense, claimed thatRawley was the real killer, and that he had only helped dispose ofthe body. It was exciting watching Gugino and Rawley accuseeachotherof being the realkiller. It was so exciting that one couldalmost lose track ofthe fact that a young woman was tragically raped and murdered onher thirteenthbirthday. These facts were not disputed: Anthony Gugino had been the boyfriend of Jennifer's baby sitter. Jenniferthought of Gugino as anuncle,and trusted him as such. Onher thirteenth birthday, he took her out. They werejoinedby Robert Rawley. Jennifernever got home. A month later, with the help ofßawley, the policerecoveredher raped and murdered body. What is in dispute is the version of who was therealrapistand killer. The only two people who werethere wereAnthony Guginoand Robertßawley. They werethe only suspects. They both claimedthat the otheronehadmurdered Jennifer. Therefore, oneortheotherofthemhadtobe her killer. According toßobertßawley, Anthony Gugino toldhim to getapackofcigarettes, and leave him alone with Jennifer for a while. Before he walked away, Rawley heard Jennifer ask Gugino totake her home. Gugino'sresponsewasapunchtoJennifer's chest. Rawley then took offfor twenty minutes. Whenheretumed, he sawGugino buckling his pants, and Jennifer dead. The two ofthem then disposedofthe body. According to Anthony Gugino, after meeting Jennifer, Robertßawley expressed a desire to have sexual relations with her. Gugino then reprimanded hisfriend Later Gugino leftßawley atone withherfortwenty minutes, because he bad some business to take care ofwithsome otherpeople. When hereturned, Jenniferwas dead. The two of them thendisposed ofthe body. The prosecution believed Robert Rawley'sversion. So didthe jury. Anthony Gugino was found guilty ofraping and murdering Jennifer. Society says thatthe guilty party hasbeen caught. I disagree. No matterwhoseversionyou believe, both men wereresponsible for the deathof Jennifer. Inbothaccusatoryversionsofthe story, eachmansaid something to indicate thatheknew thatJennifercouldbe in danger by the otherman. Both then stated that he left the other man alone withher. Let's agree withthe prosecution and thejury byaccepting RobertRawley'sversion ofwhathappened There is no way he could nothaveforeseen thatJenniferwould beraped, after AnthonyGuginopunched her in the chest. I believethat Robertßawley did not expect Jennifertobe murdered. However, walking away knowing that someonewas about to beraped washorrendous. Hecould have stopped Gugino fromraping her. He could have fought him, threatened him with the police, called the police, helped Jennifer run away, etc. If he had doneany of those things, Jennifer would still be alive. Instead, he simply walked away. Theprevious accountwasallabout aspectacularmurdertrial. Butlknowthat plentyofrapescouldhavebeenpreventedby other people. Plenty of uncaught rapists couldhave been condemned by theirknow.Rape, continued on page 6 .. October 5,1993 The Opinion 5 �ByLaura Vasquez Clinics emigrating from UB Law Immigration and Asylum issues have recently become a hotbed of debate in our national legislation. Both theSeptemberissue ofthe Journal ofthe AmericanBar Association and a recent editionofthe New YorkTimes Magazine, whose cover stories featured articles onimmigration and asylum, underline the magnitude ofthis issue in current debate. Discussion ofnational immigration policy often strikes atthe heart ofour self-definition as NorthAmericans. Immigration and asylum are often emotional issues that lend themselves easily to stereo typeandxenophobia. Somearguethatas a nation of immigrants, one of whose main ports ofentry boasts a statue with the inscription -' 'Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretchedrefuse ofyourteeming shore,Send these, the homeless, tempest tossed, to me: I lift my lamp beside the golden door" - we cannot disregard our immigrant pastand shun those who only want a better life for themselves. Do we have a humanitarian or moral duty to help out thosepeople whose countries have failed themand who withoutourrefuge would face tortiousand often deadly condi- tions in their homelands? Instead ofa naUon everbeen involved inthe employment ofillesomeo four entire history isone gal immigrants. In many places, increases in al immigration, with ourancestoroccu- crime rates havebeenblamedon immigration. pying a land that originally belonged to the Immigration issues are deeply embedded in Native American. Are we all here Ulegally, our economic and tradepolicies as the recent havingcome uninvited to impoverish thepeople discussion on the NAFTA treaty attests. whooriginally lived on this land? Is our way Theimportance ofimmigrationandasyoflife threatened by immigrants and asylum lum issues in ournational debate is only one seekers as the Native American's was? Ifwe reason why the impending closing ofthe UB are descendants ofillegal immigrants, do we Law School Asylum Clinic forlackoffunding aright to complainaboutthose who isa great loss to our school. There iscertainly ting the samethings that our ancestors no lackof interestorenthusiasm in these issues ? Othersargue that immigrantsare too by our studentbody. This was vividly demonmuch ofadrainon ournational resources, and stratedlast year when 13 students forfeited a thatdrainwe canno longerafford to support. Is part oftheirwinter vacationand paidtheir own immigrationreally sucha drain onournational way to West Palm Beach Florida to help thatitthreatens our existence, orare process asylum application for Haitian Asy ;umbing to xenophobic hysteria that lum Applicants. While only 13 studentswere :ally has characterized nations in able to go to Florida, there were many, many trouble? How can wetake care ofthose from more who wantedto go, but whowere unable other countries, when we have such trouble due to lack ofspace in the project. On a more takingcareofourownpopulation? Becauseof personal level, the opportunity to participate in all of the recent concern, immigration and the asylum cliniclast spring was one ofthe best asylum laws are currently in the process of experiences that I havehadduring my last two rapid and drasticchange. Immigration issues years at UB Law School. It was my first have insome way touched almost everyaspect opportunity to use and apply the law in areal ofour national life. Nominees for political situation, instead ofjustreading about itand posts arenow scrutinized forwhetherthey have talkingabout itinclass. The clinic helped give Kigrants, Sve Kes Opinion Mailbox,I Part ofthe purpose ofpublishing this letter is toreach straight students,faculty, and staffwhomayfeelthesamewayasyou. People need torealize that SUNY at Buffalo is not a secure place to announce thatyou are queer. This willnot change until more people come outofthe closet and more straightmembers of thecommunity openly supportgayrights. By asking pro-gay questions on a call-in show, wearingjeanson Gay Jeans Day, orby objecting to an anti-gay joke, you may be exposing yourself toanti-gay bias and attacks, but until more people like "Anthony" are willing to speak up, bigots will feel free to harass and bash. Sincerely, To the Editor, Sincerely, GlenBrodowsky, President .. .Moot Court, I feel compelled to respond to the Features piece from last week. It is disturbing to me that a student is taking such a passive, "victimized attitude to herfuture. It is far easier to complain that life isn'tfair than it is to takeresponsibility foryour ownchoices. I amnot arguing that gender discrimination doesn't exist or thatitisnot a problem. I from within to changethe system. This week I had a jobinterview with a woman whohas been working in a mediumsized firm for ten years,and isgoing tobe made partnernextyear. Forthelastseveralyearsshe has been working part-time. She has two chUdren,now in school. Shehas been working at developing a specialty within the firm and has helped expandthe client basethrough this specialty. She told me about the trailblazing doneby thefirst femalepartnerinthe firm, who also worked part-time for a period whtie her childrenwereyoung. I tell this story simply to illustratethat women need to take responsibility for their lives and have confidence in their choices. continuedfrompage 3 onecould be erased with therequirement in question. In Sunshine'sopinion,' 'last year's situation was an aberration." HenotesthatMs. Beiring is aPhd candidate in ecology and a law studentand thatSpitzer had moot courtexperience and was editor-in-chief of ate Law Review, among other things. They both had objective criteria[so] we encouragecompetition inthe Desmond, and letthe mosttalented teams[those people selected by the voteofthe Board] represent the school.'' arepresident and vice presidentrespectively. Sylvester however, sees a limit to the amount ofobjectivity mat's trulypossible and feels mat someone should not be prevented people, noton Jessup, who werewilling to sign, According to Mr. Sunshine, the "letter then takes on a different tone.'' InMr. Sylvester's opinion, their statusis irrelevant He explains, "there were other but I could not get a hold ofthe Opinion in time." However, hepoints out that the signer extensive backgrounds inenvironmental law from entering other competitionsbecause they ' 'can't speak for the JessupBoard because and, for therecord, they did cometo us." failed to makethe moot court board. He insists they did not consult them and "there's anum that "it's totally up to the judges and their ber ofpeople on the board.'' According to Ms. Beiring, "Idon'twant concept ofstyle and cites his experience with In fact, he points out that if he were people thinking that we didn'task or[that we] the Jessup International Moot Court where speaking for die Jessup Board [he] probably entered the competition withoutapproval of points allocated by judges differsomuch that wouldhave approved therequirement because the board.'' Whenasked her opinion on manofHiekindofconrrol that it givesamoot court the highest and lowest scores are averaged. dating this procedure, she explains that she board. Pointedly,he cites asection oftheletter thinks "it'simportant that they [the Buffalo which states "These funds belong to all stuIn Sun shine's opinion, Jessup is by naMoot Court Board] be in charge butalso wiHing ture amore subjective competition. He states dents, not justthose who have been "fortuto entertain son moot court board member's ' 'we have abdicated international law to dif- nate" enough to have madeDesmond orany requests to participate; ifthey don'thave any ferent rules, different expectations for etiother Moot court hoard." "Speaking for oneinterested in theparticular competition.'' quette andadifferentstyleofargument." He myselfhowever, I think thatit's a lousy idea But "with 22 members ofthe Buffalo feels thatthe Desmond is, as a result a combecause I think thatit only serves thepeople on Moot Court Board who want to fill the six petition thatallows for more objectivity.'' those organizations.'' available slots for national competition this The Jessup/Desmonddiscussion howyear," Mr. Sunshine doesn't see thepossibility ever, comes up in anotherarea ofthis controAs this year's Desmond Competitors ofa lack ofinterest in national competitions. versy. AH three signers of the letter to the practice their "winning' styles,this isan issue He says, "the fact that they won last year is editor are members ofthe Jessup Moot Court that may eitherlose wind from exhaustion or great butadds,' 'when theprocess is not stanBoard; Mr. Fleischman and Mr. Conte, on gainspeed as other(non mootcourt board) law dard, it presents a problem. We need some whose behalf, Mr. Sylvester responds, students seek to duplicate last year's results. 6 The Opinion outthe community(which fundsourschool) at the same time. Does the closing ofthe asylum clinic signify thatUBLaw School is in theprocessof redefinition? Are the other clinics also in danger? I certainly hope not. Asa thirdyear, I am very lucky to have come to UB at a time when the clinic was offered. My experience in the clinic changed my life in many ways. It is a shame thatthe clinicwill not be thereformy colleagues in the future. have heard some hair-raising storiesmyself. I Changes inattitudes cannot be legislated and am arguing that women, like men, have control they will not be handed to us. Women must over what system ofrewards they decide to realize that they must assert their priorities To the Editor: pursue. "Having it all" is an unfortunate andnotpassively adoptthe system already out We wouldhave liked torespond toMr. characterizationofwomen whohave chosento there. Theroadtochangebeginsatyourown Sylvester, Mr. Fleischman, and Mr. Conte's pursue a high-level career and have a famdy. frontdoor. letter ofseveral weeks ago that was printed in It implies thatwomen whochoose to not' 'have yournewspaper, however, weare unable to do italT'aredeficientsomehow. It is important CindyLapoff,2L so at this timebecause wehave a Moot Court to remember that you do have a choice about Competition to superviseandweare therefore whatkindofworkyouwanttodoandwhereyou too busy (Participation in theDesmond is up wantto do it Ifa woman chooses the system ofrewards whichis offered to her by themale 45% from last year). ...Rape, continuedfrompage 5 establishment shemust eitiier accept it or work Women Must Be Assertive Graduate Gay and Lesbian Alliance Northeastand isone ofour greatest strengths. The clinics are at the heart of the public interest focus. They give students the chance to get theirhands dirtywithreal law and to help A Moot Court Response The Buffalo Moot Courtßoard "Anthony" DeborahGottschalk, President Lesbian, Gay, Bisexual Law Students Andy Buder, President Lesbian, Gay, Bisexual Association guished UB from other law schools in the continuedfrompage 5 Welookforward to working withyou on these concerns. somereal meaning to theabstracttheories and readings that take up our lives in law school. Participation in the clinic was partly responsiblefor my choice ofasummerjob. In thatjob I hadmy firstexposure to thetrialprocess and my first chance to try my hand at some real lawyering. The closing ofthe asylumclinicalso has ramifications forhow we view ourselvesas a law school. UBLaw School isknown in large part for its focus on public interest law. That focus is one ofthe things that really distin- October 5,1993 ing friends and acquaintances. Not too long ago, 1 heard a horror story. A girlhad beendatingaguy fora tew months. She adamantly resisted his relove". Onedayheraped quests to her. A fterthe incident, when shethoughthe couldn'tdoanything worse toher, she accepted his offer ofa ride home. Hedidn't take herhome. Instead he took her to his friend' shouse wherefive guys spent hours repeatedlygang-rapingher. Clearly ithad been planned inadvance. It'squitepossible that the offer to partake in the rape was turned downbyafcw men. No one bothered towamthegirL No one bothered to saveher the pain and trauma. Instead four guys agreed to partake in a gangrape with her boyfriend. I'mnotall together innocentmyself. During my nrstyearatUß Law, I wastold that one ofmy friends had attacked one of bis dates. I asked a few questions, all of which confirmed my friend's guilt Icon* frontedhim. He denied it I accepted the denial, and continued being his friend. I justifiedmy action: die victim had never pressed charges. He was only accused of molestation, not rape. It was her word againsthis;howcould I condemnmy friend on suchmeager evidence. But, in myheart I knew thathe was guilty. Ifnothing else, justfrom theway hetalked aboutwomen. Since then, it's rumored that he attacked someone else. Perhaps ifmore people had openly condemned him for hisactions, another womanwouklnothavehadtobear the trauma. Notall of us are warned orreceive hints that a rape will occur. But there are stillthings we all can do to prevent it We can join the Anti-Rape Task Force. Just taking the timeto walka woman to her car helps. We can warn a woman away from someone weknow is sleazy. We can even go as faras making a pariah out ofsomeone who takes part in a sexual assault. Or, we can dowhat Robertßawley did: wecan just walkaway. �New Professor Puts On A Show untestedConan O'Brien made his firstappearance as the unlikely heir to DavidLetterman' s Late Night television throne, a grinning Dubber was writing diligently on the chalkboard. flyShawn Carey Thepeople take theirseats, ready forthe showtobegin. They're hereto see the big guy with the German accent Those who have watched himwork beforeknowwhatto expect lots of action and a distinctive brand of - Hesteppedbacktorevealaparallelthatwould * humor. The big guy doesn't disappoint. He's goingfull-throttle from thefirst timetheaudience sees him. When he slows, it's only long enough to fire offa one-liner that leaves 'em laughing from the front row to the nosebleed seats. By the timethe crowd composes itself, the big guy is offandrunning again. Hisaudience follows along, wondering what'snext Ifyou feel like you've wandered into a review ofone ofArnoId Schwarzenegger' shit movies, don'tfeelbad. You've probably never had a class with Markus Dubber. Not many have. Dubber is in his first year on the UB SchoolofLaw faculty and this semester he's teaching Criminal Law to one section of 1 Ls. UBLaw PhotobyShawnCarcy Professor MarkusDubber (Right) athis CriminalLaw class At27,Dubberqualifiesas both newkid trolled, butfuriousrush. Atthe endofhis first teaching law,"Dubber said. "Once itseems to and "Wunderkind'' onthe law faculty. Don't lecture, the young professor'sshaggy hairand you likeabroken-down oldhorse, itwouldn't expect to hear thatfrom him, however. damp with sweat and the already be so exciting, netso interesting. For his part, Dubber is' 'just glad to be beard were threadbare carpet ofRoom 108 was nursing ' T think students need to feel more here." comfortable with the uncertainty ofthe law fresh scars soles of tramping some from the '' I think it's a great training ground for Dubber'sfeet. if it weren't uncertain it would be because young legal scholars," Dubber said ofUB He hasn't really slowed down since, boring." SchoolofLaw.' 'Yougetanunusualamountof Dubber triesnotto lethis CriminalLaw though you can't clock his nuleage withthe independence forayoung faculty personhere. one for droning classes getboring,either. Ifitmeans pacingthe class Dubber isn't syllabus. You are also encouraged to explore and go Black Letter Law or following a setschedule. floor like a caged animal at feeding time, bey ondtheboundariesoftraditional legalscholAsfor histeaching style,he says' T just spraying the classroomwithvolleys ofquips, arship. cuttingtheair withmorehand chops thanElvis doit" '' Atotherlaw schools, youngprofessors Thatcan make thingsrather unpredict- in his Vegas days, or playing a particularly arepushedtowards the traditional, well-worn is exacdywhatDubber is looking devilish DevU' s Advocate, Dubber willdo it. paths oflegal scholarship. Here, you can be able, which Ononeoccasion, theburly 6-foot-3 for. whateveryou wanttobe." rookie professor launched a 230-pound says, hoplaw, inch, Dubber islike Teaching That made UB an idealchoice forDubthe back row ofthe classof into on a Youdon'tknow chalk exactly piece wildhorse. ping ber. room in mock anger at a student's jab. itwilltake whereyou'ller.duporhow long you "Iwasinahurry,"hesaid. "Iknewwhat Even ifhehimself isthebest fodder for to getthere, butyou shouldbe in forahell ofa I wantedand I didn'thave any timeto waste." ownwit Dubber doesn'thesitate. his ride. His students can testify to that.Even on The day after theformerly unknownand ' T hopeIwill always feel thatway about the first day ofclass, Dubber was in a con- bethepunchlineforhisfirstjokeoftheday. He had scrawled "Criminal Law With Conan O'Brien." IfevenDubber is satirizing his ownlack ofexperience, what should potential students make of it? Well, as far as being a finished product, Dubberclearly isn'tsoupyet Butthebroth is notwidiout some strong seasoning. Bom in Dusseldorf, W. Germany,Dubberistheyoungestofthreecluldren. Hismother is a former high school teacher, his father a retired businessman. Growing up, he played thepiano and sports, including handball, tennis and soccer. He spent a year as a high school exchangesrudent inn Columbus, Ga.thenayear after high school in die German army. "I wasn't too successful in the military," Dubbersaid.''ln fact Iwas adistinct failure." He was more successful in academia the and United States. He graduated from HarvardUniversity with abachelor's degreein philosophy in 1988, then moved to the West Coast, whereheattended StanfordLaw School, graduating in 1991. In the summer after his first year in law school,Dubberworked in theAppellate Divisionofthe CaliforniaPublic Defender'sOffice inLos Angeles. Thehighlight ofthatsummer jobwas interviewinga Folsom Prison inmate who was a Satanist transvestite,karate black beltfrom Mississippi whoinsisted hewas from Puerto Rico. HewasbeingprosecutedasL.A's "Skidßow Slasher" under the theory thathe had murdered homeless men so he could collect their souls and train them in karate so they'd beprepared to fight theKuKlux Klan at .Dubber, continued on page 8 .. FREE MPRE LECTURE Presented "by CHESS STANLEY D. Bar Review Date " President, BAR/BRI More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For all second-and third-year students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state, all you need do to take the MPRE course is complete an MPRE course application.No additional money beyond your $75 bar review course registration fee need be paid. For non-BAR/BRI students, the cost of the MPRE course is $75. mr review , fci Bar w Review Tie Nation's Largest an* Meet Successful 1500 Broadway, New York, NY 10036 • (800) 472-8899 20 Park Plaza, Suite 931, Boston, MA 02116 • (800) 866-7277 > olin., tOQ ~ Time " 11 A"M" 1A AiVl Pl3C<s l llmiff<*\t\ T aw 2*olool BllftalO on videotape Presented x r * . MsMMe^S^i^S^S^S^S^S^S^S^S^S^ Octobers, 1993 The Opinion *| ■ f 7 �The Roaming Photographer byDan Harris,.Photo Editor This Week's Question: "What do you think ofthe recent peace agreements in the Middle-East?" Nicole Wint,3L "I think the peace settlementsare going to be temporary." CindyValderrey, 2L "It's abouttime!" Tom Glascock, 2L Marc Pane pinto, 2L "I thinkthe peace developments are a "lagree with Cindy." step in theright direction.... I see thisas an ice-breaker for moresignificant change." by Jeffrey Weiss Seinfeld's World BokReview: Keeps Law Students Sane theSuperbowL peopleofaßnssianGulag, the probSeinfeld's genius emerges diability ofthe United States giving Texas back to Mexico is higher than rectly from hissimp licity. Whilewe your chances ofgetting a jobifyou all live in a world filled with comever graduate from this statefunded plexities, Seinfeldisable to focus in haven, and it is impossible to get a on subjects that mostpeople tendto decent slice of pizza in this town, overlookasthey blindly scurryaround even though I must admit that the from one place to another. Only the extremely quirky,and at timesanal chickenwings are quitegood. Butdon'tdespair,there'shope. retentive personality ofSeinfeld can judges whose writing style isabout Ifthe toiland troubleofLaw School go offon atangent aboutsuchrarely as exciting as the Nashville Neteverbringsybudown, Ihighly recompondered topicsas personal maintework,will surely leadyou to thelocal mendthatyoujourney to yourlocal nance, driving and whyis it so diffitavern whereyou'll besinging' 'The bookstore and pickup SeinT angnage cult to be naked? His gift is the Law School Blues.'' Thestory gets by America's favorite comedian, ability to takeaneveryday phenomeven bleaker when you are forced to Jerry Seinfeld. It's guaranteed to enon, twist it around, and look at it deal with some ofthe other fringe cheer up someone as miserable as a fromadifferent,andoftenhumorous benefitsofferedatgoodoldUß Law Buffalo Bill's fan after they were angle. This is clearly illustrated School: the weather reminds most crushed forthethird straight yearin whenhe writes, "Whatisthe handi- Let's face it, Law School is stressful. It can besuch ataxing and mentally fatiguing experience that eventhose whopossess the strongest ofwills,have been known to break down from time to time. The hours that you spendreading andbriefing dozens of incredibly boring cases, written by a couple of old geezer .. .Dubber, continuedfrom page 7 the Mexican border. little fancy jurisprudential analysis "He was really a very nice mattered, at least to my judge," man," Dubber said. "He tried to Dubber said. "His was a pragmatic psychoanalyze me. He wassweet approach. He was interested in the facts. Thingsnever gotquite sobizarre again, but Dubber collected '' I learned the importance of additional criminallawexperience therecord (achronological compilawhen he worked for aBoston law tion ofeverything thathappened in linn the summer afterhis thirdyear. the case). In law school, you never He spent most of that summer in sawarecord." federal court, assisting in the deHisclerkship completed, Dubfense ofa manaccused ofbeing a bermoved from theDeep Southtothe local druglord. Midwest and the UniversityofChiDubber then spent a year cago LawSchool. He spent the 1992clerking for Gerald Bard Tjoflat, -93 school year thereteaching legal Chief Judge of the 11th Circuit, research and writing ona Harry A. which coversFlorida, Alabama, and Bigelow Fellowship. Ironically, UB Georgia. Alarge part ofDubber's SchoolofLaw'sonly othernew facwork was to draftdecisions onconultymember thisyear—NancyStaudt victed murderers facing the death —was at the University ofChicago penalty. Since the judge'sdecisions Law School onthe same fellowship often affirmed the death penalty, at the same time. Dubber found himselfwith amoral , While at Chicago, Dubber crisis. published an article in the Buffalo "I was uncomfortable with Law Review, (Vol. 41, Number 1) it," he said.' 'But I saw my job as tided "Regulating theTenderHeart containing the damagebylimiting WhentheAxeisReady to Strike." It decisions to their specific facts. I deals with recent developments in didn't like doing it, but I felt itwas capital punishment jurisprudence, better to do it myself than to have particularly with the effect victim some otherclerk do it.'' impact evidence has on the protecWhile it compromised his tion ofthe defendant's rights at the own beliefs on the death penalty capital sentencing hearing. issue, the clerkship was useful to Today,hisresearchfocuses on Dubber inotherway s. retributive emotions and theirrole ia " I was surprised to learnhow punishmenttheory.Retributive emo8 The Opinion October 5,1993 tions, punishment theory. Sounds like a good time to bring up Schwarzenegger again. Dubber laughs at the question, which he's heardbefore. It seems others have also taken note ofhis accent. "I've hadpeople ask me to say a few of his lines from the movies," Dubbersaid."Youknow like' Hastala vista, baby!' and T' 11 bebackP." From the sounds of it, Dubber's distinct voice could become a familiar one at ÜB. Next semester he will teach CriminalProcedure and a seminar to be named later. Beyond that, Dubberinsists he,like that otherbig guy withthe German accent, will be back. A bachelor who lives on Buffalo's west side, he's been pleased withthe selection and quality ofthe city's restaurants and is looking for goodmusic clubs that specialize in jazz and Blues. After lastyear in theWindy City, Dubber figures he'sprepared fortheBuffalo winters. And if not, he's going to have to getused to them. "Oh yes, definitely," said ÜB'syoimgestlawprofessor. "This iswhere I am, andthis is whereI'm going to be." claims, "To men, Sex is an emergency, and no matter what we're doing wecan beready in two minutes." Of course, Seinfeld's book wouldn't be complete without a couple of comments about, you guessed it, lawyers. In arare moment, Seinfeld actually expresses a bitofadmiration for the attorney sin our society. "To me a lawyer is basically theperson thatknows the rulesofthecountry. We'reallthrowing the dice,playing the game, moving ourpieces around the board, but ifthere'saproblem, thelawyer isthe only person thathas actually read the insideofthetopofthe box." Another keenlegal observation thathemakes is as follows,' T thinkprobably the most funthing alawyer cando is say ' Objection,' which is theadult versionof'fraidnot' Towhichthejudge can say two things. 'Overruled,' whichistheadultversion o P fraid so' or 'sustained,' which is the adult versionof'Duh.'" Jerry Seinfeld is here for the long haul. This bookshould serveas a sufficient supplement for his legions offans whohave arough time waiting seven daysbetween episodes and are still upset that their favorite For instance, the first entry in the showis now in syndication, yet there book dealswith dating. Noticehow is nevera shortage ofMama's FamSeinfeld, withoutany greatdifficulty, ily or Saved By TheBell. Hopefully, capped parking situation at the Spe- cial Olympics? They must have to stack like a hundred cars into those two spots. How elsecan they doit?" One admirable trait that Seinfeld mustberespected foris his ability to boldly come out and say what'sonhismind. There'sno beating around the bush inthisbook. For example, when Seinfeld evaluates the actions of a young man who is hoping to score after an expensive dinner date,but ignorantly requests for a doggie bag, he bluntly concludes, "Whenyouaskforthedoggie bag ona date, you might as welljust havethempack upyour genitals too. You're not going tobeneeding them for a while, either." Another illustration ofSeinfeld' s brash, yet simplistic comedic style is: "Men are obsessed with cleavage, women are obsessed with shoes. It's the exact same obsession. It doesn't matter how many times these things, everytimethese objects are presented to us, we have to look.'' Dating and sexare two topics that Seinfeld frequently alludes to throughout thebook. He seems quite at ease while discussing these subjects that most people tend to shy away from, at least in open company. isable to take such apersonal subject for the few people in our worldthat and simplify it to a degree thateveryone can comprehend, whenhe writes, " Theonlydifferencebetween a date and a job interview is that in not many jobinterviews is thereachance you'll windup nakedat the endofit." Another exampleofhis giftofsimplification takes place under thesection entitled "The Sex." Seinfeld have not been exposed to the best thing that the entertainment world has to offer, this literary work will serveas the gateway into a world of simplicity, comedy and extremely illogical logic. That my friends is theworld ofJerry Seinfeld, whichis a wonderful place where everyone should consider visiting. .. .Results, continuedfrompage 1 ofthe school, the easier it will be to get a job," Victor Bobet said. All 14candidates for first year class director spoke at the forum. Accessibility to class directorsrepresenting theirclass' positions on issues wereconsistently promised by the first year students. First YearDirector Ben Dwyer said he wants to use his position*to create greater student involvement in planning new curricula.'' Whilelam not so bold to say that I could plan the curriculum ofa three-year law school," Dwyer said, "I believe on principle thatthe students should be involved in thatprocess. �First Years Lament Lack of Space byPeter Zummo belowexpectations, and adecision was made What's the story behindthe population to increase the IL class to make up for the explosion in the 1Lclass this year? Like most difference. Standards foradmission were notlowthings hereat UB Law, thereis no one simple answer, but here is the story as best we can ered or compromised, although Dean Boyer piece it together. admitted that' 'we had to goa littlelower into The SUNY system uses a system of thewaitlist'' in order to meet the targets. This ' 'benchmarking or student enrollmenttar- year's class eventually numbered 269 stugets. These are set in Albany and then filter dents. downthrough the SUNY system to ÜB, and finally to UB Law. At every step, there are Many students werenot prepared forthe trade-offs made, all with the goal ofmeeting large classes they encountered on thefirst day the enrollment quotas in order to maximize ofthe semester, and even someprofessorswere "shocked." Professor MarkusDubber.also tuitionrevenue. beginning his first year at UB Law, was surHere at UB Law, our historical benchmarkwas seta few yearsago, andis quitehigh. prised to findsomanystudents waitingfor him According to DeanBarry Boyer, the statewas in his criminallaw section. He noted that "the targeting UBLaw for a total of780-800 stu- expanded class sizemakes teaching and interdents,which is"really too high." In order to acting much more difficult.'' meet the targets, thefirst yearclasswould have Whenaskedhow the bulge in 1 L's will to be in the range of 250-270 students, in beaccommodated in the nexttwo years,Dean addition to increasing the number oftransfer Boyer stated that"we shouldnot beany worse studentsaccepted. offnext year than thelast three years, withthe By late summer, transfers were running major problem beingahighernumberofclose- Dean Boyer playing Softball "Yeah, But He's No Headrick!" (Faculty v.Law Review Softball) byCalßypkin On Friday, Sept.24, the Second Annual staff/faculty v. Law Review softball (orgrapefhut)gamecommenced. Thisisa brief review: of the |ame, with notable quotesand happenings. During the firstfew innings therival teams fared well against each other, but Torn Headrick' s stellar short-stopability as sadly missedas the staffand faculty began to tire in the late afternoon sun. TheLaw Review againpummeled the staffand faculty, adangerous moveconsidering finals are on the horizon, in the not too distant future. The "gloveless wonder,' Markus Dubber, made his softball debutat this very game.Neverhavihgplayedbef6re,Heopted outofusingagloveandinstead usedhis bare hands. The staffand faculty didconvince him to use a bat, though, and aftera few attempts, hehit their onlyhomerun. Dubber also learned a valuablelesson, that intimidation tacticsare inappropriate in asoftball game, even ifitis a farmleague. It wasnot until the 2dinning that the staff and faculty unleashed their secret weapon,Lois "thestudwoman" Stutzman, whoplayed anerror-free2dbaseandhitlike a pro. If it had not been for theamazing centerfieldirig ofKim DeWaal, the painful scorewould havebeen muchworse. However, after secret negotiations and a few threats (something about transcripts), it was determinedthatthe official finalscore was 9-10,Law Review. It wasaveryrevealing afternoon, we finally found outwhat the" B'' inßarry B. Boyerstandsfor- BLASTER Thisbecame obviouswhen, withbases loaded,hehitthe ball sobardthat itburst—ohno, thatwasn't a ball,it was a grapefruitthat had oh-socleverly been painted with white out to resemble a softball by those tricky Law Reviewpeople(andtheywonderwhy they're being moved to the 4th floor janitorial closet!). AUin all, it wasa great afternoon. ... Cheney, friendships. amount offorce the troops should use, what U.S. to sendin troops. constitutesa victory,andhow doyou getout, U.S. troops should not beassigned to United Nations commanders because as a suggested Cheney. Cheney advises that it is a mistake to generalproposition, mostUN. member states sendU.S. troops into Bosnia. U.S.forces are do not haveofficers thatmeetU.S. standards, looked on differently than other countries' Cheney said. troops, explains Cheney American peaceDuring thequestion-and-answer session keepers shouldbecontrolled by the U.S. comnot mander-in-chief— the president, and the at the end ofhistalk, Cheney said thathe hadn't causecretary-general ofthe United Nations, decided ifhewillrunfor political office and if tions Cheney, as thefullfaithand creditofthe so, what office. He noted that people have United States is on the line. He told the talked to him about running for president in audience that a lot ofothernations can send in 1996. However, he also suggested that he peacekeeping forces withoutthe need forthe might run fortheWyoming seatin the Senate. . ATTENTION 1 FIRST-YEAR STUDENTS REGISTER FOR BAR/BRI WITH NO $ DOWN AND RECEIVE: I Coming In 2 Weeks: l i Another Issue Of i The Opinion, Some relief may be on the way, especially for required courses. As part of the ongoingreview ofthe Research and Writing courses, away might befound to consolidate some sections oftheWriting course and thus free up thoseprofessors to teachotherclasses. Boyer also stressed that a larger than usual class size does have some positive aspects, including the increase in the diversity of the student body, a point echoed by Sultan Baptiste, SBA President. Baptiste believes that "it is generally good that the school is enlargingsince itcreatesincreased opportunities for the excellent education that UB provides." He added that "the quality ofthe students hereat UBhas inno waybeen diminished' ' because ofthe increasedenrollment. So thenext timeyouthink thereare lots ofstudents inyourclasses, you'reright, butjust think ofit as an opportunity to create more continuedfrompage 1 cuts. He feels thatthere is a need to attract and maintain people to serve in a first-class military. Downsizing too quicklyleads to a "hollow force," Cheney explained, noting that mostpeople don' trealize how long it takes to create''atop-notch military force.'' He emphasized that peace, security,and stability in the world in the years ahead depends on U.S. leadership and itis important for us to ' 'getit right" When is a U.S. president justified in sending forcesinto combat, questionedCheney. Several factors must be evaluated, including the objectiveandrules ofthe engagement, the help of John Labatt) fun was had by all. Thankyou Law Review—here's to gratuitous softball! i outs,people forcedoutof their firstorsecond choice classes." «■ THE "LOCKED IN" CURRENT DISCOUNTED TUITION «• ACCESS TO ALL FIRST-YEAR REVIEW LECTURES, INCLUDING ARTHUR MILLER'S CIVIL PROCEDURE LECTURE t THE BAR/BRI FIRST-YEAR CIVIL PROCEDURE OUTLINE FOR THOSE WHO ATTEND THE CIVIL PROCEDURE LECTURE «■ THE SECURITY OF KNOWING YOU HAVE ENROLLED IN THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW COURSE + + i + Be A Part Of It! (Just Do Itl You Won't Regret It!) | j PLEASE | j Call 645-2147 OR Drop A Note I In An Editor's Box. I NOTE: TO PRESERVE THE "LOCKED IN" DISCOUNTED TUITION, YOU MUST PAY A $75 REGISTRATION FEE TOWARD YOUR BAR REVIEW COURSE BY SEPTEMBER OF YOUR SECOND YEAR OF LAW SCHOOL. OR K~| y YOU MAY PAY YOUR $75 REGISTRATION FEE NOW AND ALSO RECEIVE YOUR BAR/BRI FIRST YEAR REVIEW BOOK! October 5,1993 T^L^^^ \^^ The Opinion 9 �... JAG Corps, continuedfrompage 3 interview by going o ffcampus to therecruiting ers. Lawstudentsgotothe employer's location offices. This,thegroupstates,putsthestudents in those instances as well. Ms. Koscielniak in the same position as students who interview stressed that students should call the Navy to for public interest organizations and small find out the exactprocess to be followednow, firms. TheLGBLS hopes, however, that stu- as the CDO presendy has notbeenso informed dents interviewing for the JAG Corps realize bytheNavy. The interviewcancellations, Ms. thatthe jobthey get may have them enforcing Koscielniak believes, while decreasing the the military's bigoted policy of discrimina- number ofemployers CDO brings to thelaw tion. schoolto interview oncampus, will notreflect TheLGBLS also willprotest as planned negatively on thelaw school; there willbe no when the Army is here on this Thursday and negative repercussions by other employers Friday, Oct. 7 and 8. The group urges students who do decide to interview at the law school. who are interviewing with the JAG Corps to respect their protest and demonstrate thenTHE STUDENT-INTERVIEWEES support of gay and lesbian human rights by SPEAKOUT walking through "thecloset." Many students were impressed that a Three daysand 24 interviews werecangroups oflaw studentswithpaint andbanners celed. ThepresidentofthelawschoolgovernwereabletokeeptheUSNavyoffcampus. The ment, the StudentBar Association, isSaultan PresidentofLGßLS, Deborah Gottschalk, 3L, Baptiste, 3L, whoalsowas scheduled tointerstated that, "Afteryearsofprotestandlitigaview with the Navy. Baptiste stated that he tion weare extremely pleased in our victory learned thatoncethe Navy found out about the keeping one branchofthemilitaryaway from protest, they decided not to come. The Navy the law school." did not want to deal with the protest, he believed. LGBLS, Baptiste pointed out, was THE UB LAW SCHOOL withmandfoUowedUniversity policies. Their ADMINISTRATION'S POSITION success in keeping the Navy offcampus,Baptiste noted, shows that student activism is TheDean ofthe UBLaw School, Barry alive and well at UB Law School and can be Boyer, statedthat he felt that it wastoo bad that quiteeffective. He believed that the students the Navy did not come to the law school to whose interviews werecanceledreceived no interview,as had been planned. Dean Boyer serious harm, as they are now in a similar said that hespoke and checked withAssociate interview position as otherstudents whohave DeanThomas Headrick andtheDirectorofthe to go to the employer's location to interview CareerDevelopment Office (CDO), Audrey withpublic interest groups and small employKoscielniak. TheLGßLS,Deanßoyerpointed ers. Baptiste said that ifstudents really want to interview with the Navy, they still can by out, werecomplying withall universityregulations in planning to carry out theirprotest. going downtown. However, Baptiste was disDean Boyer believes thatthe students whose appointed in so faras the Navy didnottellany interviews were canceled did not receive a of the law student interviewees about the seriousharm. While itmaybe less convenient cancellation; indeed, many students did not to interview downtown, they stillcan inter- know theirinterviewwas canceledhours after view. theNavy decided notto come to thelaw school. This sentiment was agreed with by Baptiste believes the Navy shouldhave been AudreyKoscielniak, theDirectoroftheCDO. more considerate to studentsandtheir schedMs. Koscielniak stated that the cancellation uling ofinterviews, as many students change would not effectmdividual students in getting theirbusy schedules around in order to make a job with the Navy. It would be nice and time for the Navy interviewand mayhave lost convenient, shepointed out, ifthe Navy inter- out onother opportunities. Baptistealso stated viewed on campus. Yet, now the students who theNavy still has an obligationto findoutabout will have to go interview downtown are in the the good students who still are interested in same situation as otherstudents whointerview interviewing with them and that the Navy withpublic interest groups and small employshould informtheCDO ofthenew interviewing ... NAFTA, Francisco Duarte, 3L, also lost an interview. He hadnoobjection to studentsprotesting the issue ofthe discriminatorypractice of themnitarytowardsgaysandlesbians. Duarte noted that students can still interview off campus. And, Duartepointed out, the campus isbias free withoutthe Navy interviewing at the law school. Charles Greenberg, 3L, also had his interview canceled, He stated that he was a littleannoyed. Greenberg believedthatitwas notfair to punish the entire student body who wantto serve inthe Navy because of discriminationby theNavy. He does,however, believe that theban should be lifted. Whileagreeing withtheLGBLS positionontheban, Greenberg statedthatmaking the Navy decide notto come to thelaw school was notan appropriate way inwhich to accomplish any change ofthe ban. Joel Sunshine, 3L,whose interviewwas also canceled, echoedandbuiltupon thecommentsof Greenburg. Hebelieves thatstudents have the rightto dowhatthey want, but when this interferes with other students right to interview forjobs.it is goingtoofar. Sunshine pointed outthathe is the furthestthing from a homophobe. He thinks that it would be a benefit to have people who support homosexualrights tobe inthe institutionoftheNavy inordertoopenuppeople'sminds. Sunshine would like to see good people be part ofthe military;by canceling interviews these people may not get such a chance. THELGBLSONTHEBAN The LGBLS also released a statement ofprotest inopposition to military discriminationand recruitment. The group states thatthe Clinton Administration'scompromise hardly changes the military policy towards gay men and lesbians. Basically, the onlychanges are that the military does not ask recruits about their sexual orientation and says that it will cease costly witch hunts of gay and lesbian personnel. AccordingtotheLGßLS.theGovernment Accounting Officereported thatthe military spent$ 100million between 1982 and 1992to investigateand discharge 16,500 homosexuals. The group states thataspart ofthefiscal 1994 defense budget, the US Senate branded homosexuality an "unacceptable risk" to military morale and says a future defense Secretary couldreinstate the policy ofasking recruits their sexual orientation. Instead oflifting the ban, the LGBLS points out that gay and lesbian soldiers can continue to do what they have always done. They can go to gaybars,read gay publications, and even march in gay pride parades incivilian clothes. Theycannotdeclaretheirhomosexuality orviolatethe Uniform Code ofMilitary Justiceprohibitionofsodomy. TheLGBLS believes that the policy is discriminatory, bigoted and hateful. Thegroup states that itfrustrates the efforts ofgay men and lesbians to break down stereotypes and prejudice, bynotallowingthem to serveopenly intheirjobs. Infact,itreinforcesprejudiceby onlyaddressing' 'different behaviors and by nottreating gayand lesbian soldiers the same as straight soldiersand as wholehuman beings. In effect, the LGBLS purports, all that has happened is that the' 'closet has been codified ("In the closet is a phrase used to describe people who do notreveal thatthey are notstraight). A BRIEF HISTORY OFPROTEST ATUB In September 1988, according to the LGBLS, theLaw School Faculty voted unanimously to amend the CDO Anti-Discrimination Policy to include sexual orientation. This is consistentwith Governor Cuomo'sExecutive Order # 28, SUNY Board ofTrustees' Resolution 83-216,and thepolicyoftheAmericanAssociationofLawSchools. InFebruary 1989, UB President Sample held in abeyance the entire UBLaw School Anti-DiscriminationPolicy. In 1990,acomplaint wasfiled by the Lesbian andGayLaw Students underthe Executive Order. In 1991.adecisionwasmade in favorofthe law studentgroup. SUNY then appealed the decision and won. The case is still beingfought incourt and militaryrecruitment on campus is alw,ays protested. This cancellation of interviews is just another page inthehistory ofprotestatUßover the ban on gays in the military. continuedfrompage 1 WorkersUnion, andThomasM.Fricano,UAW Regional Director. Local leaders included Representative JohnLaFalce (D-Tonawanda), Democratic Mayoral candidate Anthony Masiello, the Reverend Bennett W. Smith, Pastor ofStJohnBaptist Churchand members ofUnited We Stand America, Ross Perot's political organization. These American leaders were joinedby Mexicanand Canadian leadersalso concerned with defeating NAFTA. Bob White, president oftheCanadian Labour Congress, wasjoined by Senator Ifigenia Martinezofthe PRD Opposition Party in Mexico. Both stronglyjoined Jackson incalling for atrade agreement which benefits the people ofall three countries. The day' s events were capped offwith an international march across the Rainbow Bridge, whereAmericans and Mexicans were joined in solidarity with over one thousand Canadians. The march was a moving testament to the international common interest among the people of Mexico, Canada and America in theirdesire to prevent the passage ofthe NAFTA and promote decentjobs,environmental integrity, and social justice. THEWORKBEHINDTHESCENES Thesuccess oftherally could be attributed to theworkof local Buffalo community groups,labor unionsand student groups. The law student groups took aleading role in promoting the eventamong the community. The law student groups worked with the Buffalo 10 policy. The Opinion AreaAFL-aOCounciLWNYCAPCouncUUAW Region 9, the Niagara/Orleans AFLCIO Council, the WesternNew YorkCouncil onOccupationalSafetyand Health, the Coalition for Economic Justice, the Western New YorkFair Trade Campaign,TheNationalRainbow Coalition, and the Ontario Coalitionfor Social Justice. THE WORKTO BE DONE TheRev. Jackson wasadamant inspeak- ing out on the importance of defeating the passage ofthe NAFTA before the American Congress. "Wedidn'tvote for NAFTA inthe last election. Wevoted toreinvest in America, to rebuild America, to help people become productive and to pay taxes. We need apian to lifttheMcxicansupand notlower ourselves,'' proclaimed theRev. Jackson. Jackson'sconcems wereechoed byRon George, Presidentof the NativeCouncilofCanada, whowarnedthat the American and Canadian workers would experience the same exploitation which was inflicted upon Native Americans and Native Canadians if the Agreement is approved. George proclaimed, "You're falling intothe same trap as the aboriginal people. You're letting someone else control your life." The NAFTA is currendyawaiting avote before the American Congress. All the international speakers fromthe three countriesjoined the Rev. Jackson in urging citizens to demand that their electedrepresentatives vote against the NAFTA. October 5,1993 FormerCongressman HenryNowak UB Law To Honor Henry Nowak at Alumni Lunch Changes thatare happening in estate planning in the '90swill be the subject discussedby apanel oflegal experts at the 18th annual UBLaw Alumni Convocation. Called "Thy Will Be Done?" the morning-long symposium will begin at 8:30 a.m. onSaturday, Oct 30,at theCenterfor Tomorrow onthe UB North(Amherst) campus. TheLaw Alumni Association has invitedall law students to attendthe morning program freeofcharge. However, ifyou want to receive valuable written materials, it is necessaryto preregister. Students must sign up by 0ct.22 in the Alurrini Office 318 0' Brian Hall so that enough materials can beprepared. At a luncheon beginning at 12:15 p.m.Nowak,a member ofthe class of1961, served the 33rd Congressional District of NewYorkmtheHouseofßepresentativesfor 18years beforeretiring from thepublicarena last year. During his entire Congressional - - career heservedasamemberofthefCommittee onPublicWorks andTransportation and was also a member of the committee on Science, Space and Technology. Heworked tirelessly to match local needs with available federal aid, bringing approximately $ 1 billion dollarsin discretionaryfederal fundingfor infrastructure improvements,research and otherprojects to Buffalo and Erie County. According toConvocation chairRichard G. Birmingham, of Phillips, Lytle, Hitchcock, Blain & Huber, the morning program will explore living trusts and traditional estate planning, family rights under EPTL Articles 4 and 5, the Substitution of Judgement Doctrine under mental health laws Article 81. and issues and problems in changing the law of estates. "Nomatterwhat theirlevelofexpertise, the program will helpall practitioners become aware ofchanges that are taking .Nowak, continues onpage 11 .. �D The ocket mance artist whose one woman performance plays have touredthroughouttheUnited States, WestemEuropeandAfrica Integrating masks, Ujima Theatre Co.presents dance, mime, film, video, canned soundand WOMBmanWars original music with bare blade satire, Ms. The Black Law Student's Association Jackson has created aperformance which ex(BLSA), atÜB's SchoolofLaw,welcomesall tends beyond the boundaries ofstage and into students and faculty to share in a night of the realm ofritual. She has written for the entertainment with Judith Jackson and the CosbyShow, apprenticed withMarcelMarceau andreceived her degrees in playwriting from Ujima theatre. BLSA will be hosting areception following the performance on October 9, the University ofMichigan, and in literature 1993. The performance will take place at fromthe Sorbonne. Theatre Loft, 545 Elmwood Avenue near W. UB Law Gold Group UticaatB:oop.m. TicketsareS 14.00general to Attend Homecoming Lunch admission, and $ 11.00for students are being offeredthe $ 11.00rate with aUB ID only! Law studentsare encouraged to jointhe WOMBman Wars is a comic medita- UB GOLD Law Group (Graduates oftheLast tion onthe AnitaHill/Clarence Thomas hearDecade) at the University at Buffalo's tradiings—andtheprofoundimpactthatwaslostin tionalHomecomingcelebration on Saturday, the "he said/she said"bickering. WithminiOct. 16. "Check it out," says Paula Eade mal props and costume alterations, Jackson Newcomb,chairoftheGOLDGroup "There's tells the interwoven tales of over a dozen a new Division 1 team! New Stadium! New characters. The term ''high tech lynching" Student Union! And new school spirit! enteredthenation'svocabularyduringClarence "It'sawholenewballgame!" she says. Thomas' SupremeCburtnominationhearings, According to Eade Newcomb, a prebut you'll get a new take on that phrase after game lunch under the Alumni Tent will be seeing Judith jackson in her solo show: servedat 11 a.m. at tablesreserved especially WOMBmanWARs. fortheGOLD Group, law studentsand friends. Judith Jackson is a writer and perfor- Food, beerand wine will be availableonapay- ANNOUNCEMENTS .. .Nowak, continuedfrompage 10 place in estate planning — and those thatare appearing on the horizon whichaffect them as well as theirclients," Birmingham said. Erie County Surrogate Joseph S. Mattina will serve as Honorary Chairman, and Birminghamwill bemoderator. Speakers include: Sue S. Gardner, Kavinoky & Cook; Paul M. Hassert, ofBrown & Kelly; Prof.Kenneth F. Joyce,University atßuffato School ofLaw; CharlesE. Milch, ofGibson, McAskill & Crosby; Robert J. Plache.of Damon & Morey; and John C. Spitzmiller, of Phillips,Lytle, Hitchcock, Blame & Huber. Anextendedquestionandanswerperiod willfollow. The UB Law School and UB Law AlumniAssociationgrate fully acknowledge the generosity ofthe following firms that helped make this program possible: Marine Midland Bankas Benefactor;HaroldC. Brown Co. asPatronjandKidderPeabody & Co.and Commonwealth Land Titielnsurance Co.as sponsors. For non-students, the feeis $35 for members of the Law Alumni Association who have paidtheir annual dues and $4 5 for allothers. Thefee includes program, written materials, Continentalbreakfast and lunch. Firm tablesfor eight areavailablefor $320. Please make checks payable to the UBLaw Alumn i Association and mail to UB Law SchoolAlumni Office, 318 JohnLord O'BrianHalL Amherst Campus,Buffalo,NY 14260.Ifyou have any questions, call Ilene Fleischmann, Executive directoroftheLaw Alumni Association, at 645 -2107. as-you-go basis. The tent is located near the south gate ofthe brand new UB stadium, in Amherst Kickoffisatl :30p.m. TheUBBulls will playagainst theBuffalo State College Bengals. SitinareservedblockwithLaw Schoolahimni, faculty, staffand friends. It's a historic moment the last time these traditional rivals will compete! The special group rate for a football tieketiss7perperson. (RegularpriceisSlOat the gate). Childrenwho sitonyourlap go free. Football tickets will be distributed at a Gold Group reception table in front of the Alumni — Tent. Checks should be made payable to the UB Law Alumni Association and mailed to Paula Eade Newcomb, c/o Hurwitz & Fine, PC, 1300Lfterty,Buadmg,Buffalo,NewNY 14202-3614. Ifyou intend to come for lunch, please indicate how many seats you would like to reserveatGOLDGroup tables underthe Alumni Tent. "Aneventlikethisisagreatopportunity for the law students to meet alumni/ac in an informalsetting. Given thetough jobmarket, we hope students will come to network and enjoy this UB tradition," says Ilene Fleischmann, executive director of the UB LawAlumni Association. Questions? Call Fleischmann at (716) 645-2107. AALS Accepting Submissions The Asian American Law Students Association is accepting article submissions, artwork and photography fortheir upcoming newsletter. Please submitallmaterials to box 430. Share Your Special Interest Have a special interest thatyou wantto share with others?Interested in startingyour own organization at UB Law? Contact the SBA Office(Room 1010'BrianHall)formore details. "Potential Torts"-Volleyball byPaulßoalsvig, Editor-in-Chief Last Wednesday, a small group ofUB Law students decided to take onallcomers and kick some volleyball butt. Under the firm command ofthe team's captain, Dan "The Lieutenant" Marcus, the marauding gang neady carved up the opposition, composed of mainly younger neophyte undergraduates. Matchnumberoneneverpresentedany serious problemsas serving duoDanMarcus andMark "I wear tie-dies but I ain't no Dead-Head" Conklin foundthe weaklinks in the opponents armorand proceeded to pierce it. Thenext match was no contestat all, as evidenced in gametwo byTrish "my hands are registered weapons" Swolak proceeding to successively servedeathuponanaive, unsuspecting team ofundergrads, to the tune of 13 consecutivepoints. Samantha Craneand Senta Suida at times couldn'thold back their sadistically gleeful smiles as the law school team totally annihilated the opposition. After a while,thesituationwasratherpitiful. "Where's kingpins the challenge in all this?" everyone's eyes seemed to be saying as their eyesrolled skyward. With the beginning ofthe third match, we were joined by the man in the purple silk warm-up pants himself, none otherthan Rex Velasquez, MD. The other team wouldsoon be calling him "doctordeath". But thislast team proved more formidable. Ourheroes had become apparently a bit too sure ofthemselves. As long as this writerwas able to effectively bump the other side's serve, theabundance of ' on the team meant that all ' serves were returned withauthority. But had overconfidence finally caught up withthe future lawyers? It almost looked like it, as victory in last gamewasabout to be snatched from ourthroes. But wait! "TheLieutenant" wasn't through quite yet! He called a quick time-out, and after hyping up his troops, sent thefinal three nailsflying that sealed thecoffin on the opposition. Ah, the sweet taste ofVictoiy! Law, Medicine and the Health Care System byDr. Harry A. Sultz Relationships betweenlawyers and individualsand institutionalproviders o fhealthcare are multiplying as the health care industryexpands insizeandcomplexity. Whilethe prevailing perception is thattheserelationships arealways adversarial, quitethe oppositeis true. Though some py sicianslike to shiftthe blame to lawyers for muchofthe malpractice litigation andfor theirneed to practice "defensivemedicine," mostphysiciansrecognise the legalvulnerability ofthesystem inwhich they workand appreciate the need for, and valueof, good legal counsel. In addition,theadministarators and members ofthe boards o fhospitals treasurethelawyers who voluntarily serve as trustees andthose they employto guidethem through ofthe highly regulated health care system. It isimportant, therefore, thatlaw studentsand lawyers understand why thehealth care system operates as it does; why itsometimes defiesall therulesoflogic and freemarketenterprise; why theproviderstreatpatients and families as they do;and whythe trinity ofhealth careproblems, cost, quality, and access, have remained unresolved national issues forthe last rbyrinth wewon tmaketheefforttodehverprenatalcare. EveryyearinNewYorkStateapproximately 20,000 infants are bornprematruely andalmost3,ooo diesbeforetheirfirstbirthday. Infantsbom to women whohave notrecieved early prenatal care are threetimes morelikely to beborn at lowbirth weight thanthose who receive early care, and they are four times more likely to die in their first year oflife. Some areasofBuffalo, New Yorkhave infantmortality rates that exceed those ofmany third worldcountries. At the sametime, wehave one ofthe mostsophisticated and expensive neonatal services in thecounrry to savepremarure, highriskinfants. Wedeveloped those services at the same time that we were cutting back on the relatively inexpensive serviceswhich wouldhave prevented many ofthoseproblems inthe r ' What are our goals?What are our values? Theneonatalintensivecare unitis perhaps the mostvivid exampleof £ ofbalance in a system in which high-risk mothers cannotreceive subsides for their prenatal care, yet neonatal intensive care is an ableright once the baby arrives. The arithmetic ofthe equation has years. In many repects, the health care system has done and is doing a remarkable job. There have been important advances in medical science thathave broughtmeasureable improvements in the length and quality of life. But,medicineintheU.S.hasacultureofitsown. It owesalot to the aggressive, "can do" spiritofthe frontier. American doctors want to doasmuchaspossible. Theyorderup more diagnostic tests than theircolleagues in othercountries, prescribe drugs more frequently and atrelatively high dosesandare morelikely to resort to surgery whenever possible American womenare morelikely to undergo radical mastectomies, deliver their babies by Caesarean and undergo hysterectomies while still in their 40s. Americans and their physicians regard the body as a machine, like acar, which helps explain theirenthusiasmforannual checkupsand devices like pacemakers and the artificial heart. Americans like to think of diseases as enemies to be ' 'conquered; Doctors expect theirpatients to beaggressive, too. Thosewhoundergo drastic treatments in order to "beat" cancer are held in higher regard than patHhts who resign themselves to the disease. The great and latephysicist, AlbertEinstein said thefollowing:' 'Perfectionofmeansand confucionofgoals characterize our society.'' It is trueofour society and especially pertinent to health care. Nowhere isthese more emphasis on the' 'how"to do thingsand less interest in the' 'why" then in health care. For example, we give extraordinary careto low birth weight babies at high cost because Jil ice. ;mons trat ed innumerous studies: fundsexpended in the prenatal care tierand fetusreduce the amount that are inevitably spent later in the to -oftenflawed orfutile to salvage the products ofthese conceptions, tion,we should not lose sightofthe fact that in the careofpremature no matter how dismaltheir prospects the technological throttle is pen. At what weight or gestationare attempts at fetal resuscitation - - - able for the fiscal integrity ofthe infant, and for the psychosocial ty ofthe family thatis too oftenconsigned to aprolonged vigilbeside ibator in a neonatal intensive care unit? Medicine has much to offer, butwiththose advances have come major problems. They are interrelated and they are systematic. Without systematic solutions itis we willsolve them. In subsequent issues ofOpinion, I' 11 describe otheraspects ofthe th care system and the strategies tried orbeing considered for improving them. fkely Harry A. Sultz, DDS, MPH is Professor ofSocial andPreventine Medicine, School of Medicine and Biomedical Sciences, and former Dean ofthe School ofHealthRelated Professions, SUNY/Bujfalo. He is Director ofthe Health Services Reasearch Program ofthe School ofMedicineand an active teacherofcoursesabout theorganizationofhealth careandauthor ofmanyartices and several books on the subject. Dr. Sultz has directed numerous research studies ofdifferent aspects ifthe health care systmeand has sensedas an expert consultant to variousgovernmental'andvoluntaryagencies and institutions. October 5,1993 The Opinion 11 �BAR REVIEW The BAR/BRI course includes: • ■ Expert Coverage on all Multistate and New v»». York Topics ■ Comprehensive, Concise Outlines of New York & Multistate Law ■ Mini-Review Volume Condensing New York & Multistate Volumes ■ More than 100 Essays—All With avail . ■w H iuvi Model Answers ■ Attorney Graded Essays ■ More than 2500 Multistate Questions Ail With Model Answers ■ BAR/BRI Multistate Workshop ■ BAR/BRI Essay Workshop ■ Q & A Clinic™ ■ MPRE Review ■ Individualized Attention ■ Gilbert Multistate Exam Workshop When you New York barreview course. .. you enroll.. by v « n n . - Yflll ICoUlvc lUU rPPPIVP" t/jLM3I I IMQ^±I/*#T3 M A $225 DISCOUNT Qff t||e $14?5 - bar review course tuil lon> (Your tuition:sl2so.) „■ ■ ■ The Gi,herl New York Essa V Advantage lm SlUde l *ZZS.) tuition. ™* + " ■ The Arthur Miller CPLR Mini-Review FREE. (Regular tuition: $75.) (Nan BAR/BRI tuition: $325.) BARREVIEW New York's Largest and Most Personalized Bar Review Course 1500 Broadway, New York, NY 10036 (800)472-8899 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-10-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/5/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fed69d175ebda0acbefc6c863f19fcaa.pdf cb3f0c661d5299345b6a548c20b59664 PDF Text Text O THE PINION Volume 34, No. 2 September2l,l993 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW New Faculty Member: Nancy Staudt by Sharon Noscnchuck, .New Editor A new law faculty member Nancy Staudt is teach ing Tax 1 thissemester; she wdl be teaching Tax 2 and a seminar on state andlocal taxnext semester, she said. ShenotesthatTax 1 is recommended, but not necessary forthis seminar. Originally from Ohio, Staudt attended law school at die University of Minnesota, graduating from tliercin 1989. She then clerked foroneyear withajudge on the Ninth Circuit and followed this experience with a two year stintworking in the Tax Department of the law firm Morrison and Forester in San Francisco. During die 1992-93 schoolyear,she taught atthe University ofChicago Law School. Whenasked why sheswitchedfrom private practice to teaching, Staudt said that she found working ata law firm dissatisfy ing beeau.se slie did notgetachanceto delve deepenough into the issues in which she was interested In private practice, the attorney must act in the interest of the client, she noted, and, sometimes, ifyou disagree withthe client's point ofview,it Ls difficult. After two years in private practice, she resolved to go into teaching She decidedto come leach at Buffalo because it is "a great law school" and she "liked dieprogressive nature ofthe school." Staudt' s specialty is Tax and Feminism. She is interested in the way that women are treated under dieTax Codeand ifthey are treated differendy or similarly to males, she said. She will be teaching a class on Tax and Feminism during the 1994-95 schoolyear, shetold thisreporter. While in California, Staudt began representing battered women who have killed their abusers. She started a nonprofit organization that offers services (everything but legalservices) to thepoor, (especially theekierlyt.paiplc withAIDS, and the handicapped She remains on the board of directors of this organization. Staudt said tlialsheis hoping to eventually become involved in theBuffalo non-profit community. Tax conceptsarecasier than people think, said Staudt. She is surprised that people are interestedand are participating in a required course on tax, especially as the course is imposedonthe students, she said. She noted that people in her class have told her diat it is not as bad as they dioughtitwouldbe. It is goodwhen people get acliance to express their oral skill in class, Staudt believes, and there isnever such thing as a stupid comment. People think about the cases, but they are afraid to voice their comments, when, in fact, this could be the most interesting part of the class, she noted. Staudt's hobbies include reading fiction and outdoor activities. She said thatherfavoriteplace to hikeand camp is Yosemite National Park, because ithas great mountains to hike and freshwater pools at thetop ofthemountains inwhich to swim. UB Law: Best Buy forYour Dollar Saultan H. Baptiste, StaffWriter Have you everasked the question,' 'Is itreally worth it goingthe law school?'' Well, according to the NewYork Law Journal, ifyouattend UB Law School, thatanswermay bearesounding YES. In theAugust 5,1993 issueoftheAfew - YorkLaw Journal, theUniversity atBuffalo School ofLaw wasrated as the best pricefor your tuition dollarper graduating student income, when compared withNew York's 14 otherlaw schools. Although it is often difficult to assess intangible qualities such as recognized prestige of a particular law school orthe motivations ofindividual students to attend a given law school, the study, designed by Law Access Inc, evaluated New York schools comparing the average costof attending agiven schoolagainst thelikelihood ofobtaining ajob and the average salary upon graduation. # More specifically, the survey applied a cost-benefit analysis: threeyears tuition ata given schoolplus interest on their studentloans againstthe percentage ofstudents unemployed six months after graduation. The cost were then dividedby the benefits. According to thearticle, thisanalysis resulted in determining' 'howmuchastudentwouldspendon legal education for every dollar ofstarting salary.'' Buffalo Law theBestBuy The study concludedthat SUN Y-Buffalo(sic) delivered the best value for the education dollarfor New York Residents." For example,Jacob D. FuchsbergLawCenterof Touro College pays more than twice as much to earn each dollarduring their firstyearoutoflaw schooldue to theirhigh CostofLegal EducationPerDollar ofStarting Salary* 52.15 1.95 1.84 1.80 1.57 1.56 1.54 1.53 1.43 1.36 1.29 1.25 1.21 .89 NA ■■ Jacob D. FuchsbergLawCenterofTouroCollege Brooklyn LawSchool Albany Law School, Union University Pace University School ofLaw St. John'sUniversity School ofLaw Syracuse University College ofLaw Benjamin N.Cardozo School ofLawofYeshivaUniv. City of New YorkLaw Schoolat Queens College** Cornell LawSchool Fordham University School ofLaw Hofstra University School ofLaw New York University School ofLaw Columbia University School ofLaw University at Buffalo SchoolofLaw** New York Law School I I I I I Source:Edwards A. Adams,Afew YorkLaw Journal, V01.210, No. 25, August 5,1993, pg.l Determined by 1992 tuitionand fees multiplied by threeyears * Calculated tuition at therate ofNew York State residents ** ... BestBuy, continued on page 3 Union Janitors GetTheir Jobs Back , byKevin P. Collins, Managing Editor- Afteralong and hardstruggle thatlasted oversevenmonths, thirteenunionjanitors who worked at the Statier Towers in downtown Buffalo regained their jobs, withall their seniorityand health care, job security, pension, and vacation benefits intact, through their persistence and thatoftheir union, the Service Employees International Union, Local2oo-C, AFL-CIO(SEIU). "TheDirt" on the Story The janitors' struggle began in the middleoflastyear, when thebuilding inwhich theyworked, theStader Towers, located at 107 Delaware Avenue in downtown Buffalo, was sold from Mr. William Hassett and the 107 Delaware Avenue Associates to new owners. The newownership groupincorporated themselves as the York Statier Incorporation and was comprisedofbothAmericanand Canadian investors. The two Canadian investors were Mr. Charles Goldsmithand Mr. Zane Sexsmith, both from Toronto. The American investors wereMr. JohnArcadiand Mr. GeorgeBuckhout. Mr. Arcadialso owns theDepewDevelopment Corporation, which is based inLancaster. As it turned out, the American investors, and principally, Mr. Arcadi, were the principle players involved in the struggle at the Statier. Whenthe new owners took over in late December, they got rid ofthe thirteen union janitors who worked at the Statier by not renewing the cleaning contractwiththe union subcontractor, InternationalService System Inc.(ISS). Many ofthejanitorshad worked for quitesome timeat the Stader, withone having been anemployeethere forover thirteen years. Having got rid ofthe unionjanitors, the new owners gave the cleaning contract to P.S. Elliot, a non-union janitorial subcontractor whose officeis located onKenmore Avenue. Elhotcame intothe Statier and employed part- sdfdsfds time, non-union janitorswho worked atminito their unionandwhatensued was along and mum wage andwhoreceived no health care, hard struggle to get their jobs back at the pension or vacation benefits. P.S. Elliot was Statier. Whatresulted eventually was justice forthe janitors. namedby the SEIUas the 1993 Buffalo "EnemyofJusticefor Janitors." Thus, the thirteen displaced janitors JusticeforJanitors Theunion andthe janitorsbegan a Jusnow foundthemselves outon the streetwithno jobs. Itwouldhave beeneasy to giveup, to just tice for Janitors Campaign in January ofthis go onunemployment orto say "0.X., I'lljust year in an effort to get back their jobs. The findanotherjobandhopethatldon'tgetkicked janitorsstood out in front ofthe Statier every outofthatbudding.too." Instead, these brave Union, continued on page 10 thirteen janitors did not giveup. They turned ... HIGHLIGHTS 3 4-5 6-8 Group Spotlight Editorials and Commentaries Candidates Statements Alumni Spotlight 9 I I : Docket — �PIEPER BAR REVIEW WANTS YOU T0... Be a Winner! I 3RD YEARS: ALL OR IST. 2ND MI I il I I Pieper NY-Multistate Bar Review is looking for a few good persons to be representatives at your law school. If you're at all interested, give us a call. CALL 1-800-635-6569 I Work on earning a free Bar Review course. I COME JOIN THE PIEPER TEAM!!! �Buffalo Moot ATTENTION LAW STUDENTS Court Board Moot Court Board Gears Up For Competition bySharon Nosenchuck,..NewsEditor Right now, 2Ls and 3Ls are working furiouslyontheirbriefsfor theDesmond Moot Court Competition. Sponsoring the Annual Charles S. Desmond Memorial Moot Court Competition is only oneofthefunctions ofthe Buffalo Moot Court Board. The two other purposes oftheBoard are to sponsortheAlbert Mugel National Tax Law Competition, a national competition in which teams from all over the country compete; and to select and coach teams to represent UB Law School in national mootcourt competitions. Boardmembership is based on success in the Desmond Moot CourtCompetition. Letters ofintent for those planning to participate in the Seventh Annual Charles S. Desmond MemorialMoot CourtCompetition are due October 5. There is stilltime to sign up forthoseinterestedin competing. Briefs for the Desmond Competitionare due October 8. The practice rounds for the competition take place October 13-17, with members ofthe Board as judges. Each team will beassigned a coach who is amember ofthe Board. The preliminary rounds of the competition take place October 19-21. Itshouldbenoted thatthe competition went from two to three preliminaryrounds this yeartoreduce thearbitrariness oftheprocess, said JoelMSunshine, Director oftheBoard. The quarter finals ofthe competitionareonOctober22. Semi-finalrounds are onOctober23 andthefinal rounds areOctober 23 intheMootCourtßoom. Theßoardencourages people to watchthefinalrounds. The purpose of the Seventh Annual Charles S, Desmond Memorial Moot Court Competitionis " to provide an opportunity for UB Law School students to practice their writing and oral advocacy skill in a competitiveenvironmentinareal-Ufesituation. "Oral abilities are being judged by oral advocacy experts—that is,realpractitionersand judges,'' according to Sunshine. He also said that becoming amemberoftheBuffalo MootCourt Board provides a great opportunity to meet practitioners and judges in the Buffalo legal community. Why should you participate in the Desmond Competition? Sunshine saidthat the "Desmondisaveryprofessionallyrun competition. The case used in the competition is thoroughlyresearched to stimulate interesting andthought-provokingarguments by thecom- petitors. Oneofthemainreasonsthecompetitionis at such a high level isbecause thelaw students takethe competition so seriously. It is considered a veryprestigious honor in our lawschool to becomeamember ofthe Board. Additionally,even thosewho do notmake die Board have statedthat itwasa veryrewarding academic experience for them. This is one of the few opportunitiesavailable for lawstudent to practice these very important appellate advocacy skills". In additionstudentsareable to use theirbriefas awriting sampleand most employers prefer to hirethoseon LawReview or thosewho have beensuccessful in theMoot CourtCompetition, noted Sunshine. The scores in Desmond are calculated as follows: 1. Each briefis read and scored by the nine member brief grading committee. This score encompasses 40% ofeach individual's overall score. Wlule each team member receivesthe same brief-writing score, their oral score is tallied separately. 2.Theother6o%oftheindividual'sscore is made up of average scores given by the judges duringthe each ofthe three preliminary rounds. Judges are practicing attorneys and judgesfromthe New YorkStatelegal community. Students should note that many ofthe judgesforthefinalround have writtenopinions that law students have studied in class, for example Justices Denman and Jasen. Sunshine said thatthe Boardis encouraging 3L's toenter thecompetition. 3L'sthink they don't have enough time, but all who participate say itis a very worthwhile experience, stated Sunshine. He said that "the Board'spositionisthatthemore qualitycompetitors, the higher thelevel the competitionis going to be. There fore, itis in ourbest interest to encourage all students, particularly 3L' s to participate". 3Ls canbecome fullboardmembers. Some ask the question, "Why aren't 1 L's allowed to participate?" Sunshine answers, this is so because the Board can't give full board membership to students who only competed inan oraladvocacycompetitionand they can'tgive awritten component because 1Lsdon'thavetheresearchand writing skills. However, theBoard encourages 1Ls to clerkfor the Desmond Competition because: (1) the Board needs themand it is arites ofpassagefor 1 Ls to help the Board puton the competition-the Boardcouldn'tdothe competition without them; (2) all peoplewhoclerk in the past say theyhave learned alotby observing—not only how the competition runs, but whatkinds of argumentwork&don'twork;and(3) lLscan havefun-clerks can go tohappy hourafterthe last night ofcompetition. Other things the Board does besides Desmond include the Mugel Competition— those who become Boardmembers in the fall run theMugel Tax Competition in the Spring and national competitions with those who aren't competing in national competition assisting those who are competing by helping research and writebriefs and judge practice rounds. The Buffalo MootCourtBoard islocated in the basement in room 12 and theirphone number i5645-2037. Ifyouhaveany questions, speakto the person serving officehours inthe office. BestBuy, continuedfrompage 1 percentage ofunemployed students six monthsaftergraduation, 36% unemployed, and low average salary, $42,000. Whereas, CUNYLaw School, whichhasalowertuitionthanUß, had the highest unemployment percentage of all thelaw schools 59%. NYUand Columbiahad both the highest tuitionsand the highest employmentrate. For example, onlyone-halfof 1 percentofNYU graduates wereunemployedsix months after graduationwithanaveragesa]aryofs62,6oo. Although2%ofColumbiastudentswere outofwork, graduates were able to garneranaveragesalaryofs6s,2oo. - Other UB statisticsbasedon 1992 lawschoolplacement dataincluded: $36,138(rank 14/15) Average StartingSalary. Graduates %of Taking GovernmentJobs. 14%(rank6/l5-tied withCardozo) Graduates Jobs Taking in (rank 13/15 tiedwith NYLaw) Private Practice. ...49% %of VoofGraduates Taking JobsPublic Interest Jobs. .8% (rank2/15) %ofgraduates Taking Clerkships 8% (rank 7/15) "/ounemployed6monthsAfterGraduation 13.8%(rank8/15) - Please Read Completely:SßA Constitutional Revisions The SBABoardofDirectorspresentstheseproposed amendments forratificationby the studentbodyofUBLaw inorderto producemoreeffecriveand accurate representation. Referendum #1 Toamendthe SBA Constitution toreflect thecorrect name ofthelaw school, which is' 'University at Buffalo School ofLaw.'' Reason: Currendy the SBA Constitution states, at various points, that the name ofour law school is the "University ofNew York atBuffalo School ofLaw "and at otherpoints the "StateUniversityofNewYorkatßuffaloSchoolofLaw." Both are "officially" incorrect. Thisreferendum wouldcorrect thepriormistakesand ensure that thename ofourlaw school is correcdyreflected, university-wide, among thestudent body,other student organizations, the school administration, and the general public. Referendum #2: To amend the SBA Constitution by immediately replacing the executive title of withtheexecutive titleof"ParUamentarian/Office Manager" and adding the 'Secretary" ' following responsibdity to the office: To advise thePresident and Board ofDirectors regarding matters of parliamentaryprocedure; this includes assisting thePresident to ensure thatall meetings ofthe[SBA] Board are conducted per the most recent e&tionofßobert'sRules ofOrder, this Constitution, theBy-Laws, and therules promulgated in pursuance thereof; Reason: In order topromote more productive SBA meetings,better informthe student body ofissues addressed by the SBA, andencourage studentparticipation in student government, the SBABoard ofDirectors suggeststhatthe role ofSecretarybe consolidated withinthe office ofParliamentarian/0 ffice Manager. Alltheresponsibilities currendy held underthe office ofSecretary will be assumed by the new office. Theseamendments will be on the ballot forClass Directors duringthe elections onSeptember 22-23. Please vote!! Your vote is valuable and important to yourfellow students. Copies ofthe currentConstitution are avadable outsideofthe SBA Office. Any questions or commentsregarding theseamendments can be presented at the Candidates Forum tobe held on September2l,l993at 3:15 pm in Room 109. SBA: Constitutional Revisions byJeffrey A. Schoenborn, Contributor What isthe name ofourlaw school? Is itthe "State University ofNew York at Buffalo SchoolofLaw," as printed atthetop ofpageone ofthis newspaper? Nope. How about SUNY at Buffalo Law School? Wrong again. According to the StudentBar Associathe tion, correctanswer is:''The University at Buffalo SchoolofLaw," said SBAPresident Saultan Baptiste. This is also the name the schoorsadministrationuses. TheSBA constitution, however, refers to the law school in a numberofdifferentways. During class-director elections on Wednesday andThursday, students can voteto make ' "The University at Buffalo School of Law,'' the name officiallyrecognized by the studentbody. "That'swhatwe'reknownas,so it makes sense to be consistent in our documents," law school dean Barry Boyer said. Boyer said an impending revision in the administration's bylaws willalso correct inconsistenciesreferences to the nameofthe law school. One ofthe outdated names in those rules mentionsthe law schooladministration as the "Faculty ofthe School of Jurispru, dence," Boyer said. The second constitutionalrevision on the ballot,Baptiste said, would enable the SBA to run more efficiendy. This referendum, if passed, would change the title of the SBA secretary to "parliamentarian/office manager." "ItwillmakeforamuchstrongerSßA, it will make ourmeetingsrun smoother, and students will be informed better," Baptiste said. The traditional duties ofthe secretary include taking minutes, ensuring that class directorsadheretotheirofficehours, andkeeping the SBAoffice is stockedwith supphes. An additional dutyofthe secretary isassistingthe presidentandboardofdiiectorsbymakingsure the meetings areran correcdy, asrequired by the constitution, SBA bylaws and Robert's RulesofOrder. "The responsibilities ofthe secretary are broader than the tide would suggest," Baptiste said. "It may seem like additional bureaucracy, but by the addition ofthe new responsibUities, the meetings will be less bureaucratic." The SBApresident said voting wdltake place outside thelaw library, and he stressed the importance of all students taking part. "[TheSBAmembers] need to have feedback, and theonlytimewehearfromthe studentbody as a whole is withthese referehdums," Baptistesaid. "Thevotingprocessshouldtakeno longer, literally, thanabout one minute. ÜBLAWFACULTYMEMBERSNAMEDDISTINGUISHEDPROFESSORS Thomas E. Headrick. Ph.D, and Virginia A. Leary, Ph.D, were awarded thishonor for outstandingservice to the community, state or nation through the application of intellectual skills drawn from scholarly and research interests to issues ofpublic concern. September 21,1993 The Opinion 3 �IOPINOsI 48i Volume 34, No. 2 MEET THE CANDIDATES ©by KoL-Hiy rNorbuUj September 21,1993 Editor-in-Chief: Paul H. Roalsvig ManagingEditor: Kevin P. Collins Business Manager: Vacant News Editor: Sharon Nosenchuck Features Editor: MariaT.Buchanan LayoutEditor: Evanßaranoff Photography Editor: Dan Harris ArtDirector: KathyKorbury StaffWriters: Saultan H. Baptiste, Joe Khanna, Tracy D. Sammarco Contributors: JeffreyA. Schoenborn EDITORIAL Let's Talk About Guns A British tourist shot to death in Tallahassee, Florida. German travel agencies warning theirtourists about how to avoid potential trouble while vacationing here. Japanese television programs that depict Americans as crazy gun-totingfanatics. Clearlythereissomethingnewgoingonhere.The rest of the world is starting to voice its opinions on how we treat gun ownership. And thebasic message seems to be: the rest of the world is not amused anymore. The Constitution oftheUnited States was never designed to guarantee theright ofevery American to owna gun or bearother firearms. In fact, says a writer in a fairly recent New York Law Journal, courts have only supported the right ofgroups organized under the auspices of the states to bear arms. Thereis a big difference in the rights of statesto form organized militias and state guards, and the alleged right ofthe individual to carry arms, he says. The organized militias and state guards, according to this writer, were formulated by the Framers of the Constitution to act as a safeguard againstapotentially overwhelming federal military strength. TheFramers never contemplated a similar individual right, however. This second right is a fictitious right, promulgatedby such groupsas the NRA, but it is one which was not intended by theFramers, and one which at no timehas been supportedbythe courts. TheFramersnever desired or envisioned a general populace armed with guns to the hilt. This is exactly what is starting to happen. The consequences of such a developmentwould be severe indeed. The relatively short history ofthe United States has largely beenthe history of a variety ofpeoples conquering various frontier areas. Unlike the older, established european and asian countries, Americans had frontiers thatneeded clearingby homesteaders, areas that criminals could escape to, and which thereforeneeded "taming by the introduction oflaw enforcement agencies and other societal restraints. Firearms were anecessary tool in the eventual taming ofthese frontiers. But dothese frontiers still exist? As transportation makestravel and settlementpossiblein even remote areas of the United States, the answer is: probably not. And if these frontiers really don't exist anymore, why doAmericans still feel theneed to hold on to their firearms? The number of people who depend on firearms to feed their families is insignificant when compared to the total number of Americans. Those who do rely on them tend to live in areas that might be still considered wilderness "frontiers". These people clearly have a need for guns. However, the vast majority of gun owners do not rely on them to feed themselves or their families. "We need them for protection" ; so goes the other argument. Protection fromwho? Hostile foreignersand those "pesky commies?" We have the federal armed forces to protect us from these real or imagined enemies, and on a local level, we would stillhave thereserves andNational ...Editorial, continued onpage5 Copyright 1993. The Opinion.SBA. Anyreproduction ofmaterialsherein is strictly prohibitedwithouttheexpressconsentoftheEditors. TheOpinion ispublished every two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState University ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofTheOpinion. TheOpinion is anon-profit organization, thirdclass postage entered at Buffalo,NY. Editorial policy ofThe Opinion is determinedby the Editors. The Opinion is funded by theSBA'from StudentLaw Fees. The Opinion welcomes lettersto the editorbut reserves the right to editfor length and 1ibelous content. Letters longer thanthreetyped doublespaced pages will beedited for length. Please do not put anything you wish printed underT>uroffice door. Submissions can be sent, viaCampusorUnitedStates Mail to TheOpinion. SUNYAB Amherst Campus, 724 JohnLord O'BrianHaU.Buffalo.NewYork 14260(716)645-2147 orplacedinlawschoolmailbox76l. Deadlines forthe semester are the Friday before publication. The ideas expressed in the "Letters to theEditor' 1 and on the commentary page are not necessarily endorsedby theEditorialBoard ofTheOpinion. 4 The Opinion September 21,1993 Opinion Mailbox Moot Court not just for Desmond Board's assertion that"membership on the MootCourtBoard isarequirement for participation in a national competition.'' (Opinion, Sept. 8) Such a characterization ofDesmond's authority is, at best, misleading. First, it isquite possible for anindividual to participate a national, or even international, competition through the in Jessup Moot Court Board. Secondly, it is not clear why membership on any moot court board is a prerequisite to in a national competition. SBA President Saultan Baptiste declaredthat oneofthe goals ofthe SBA is "to make your stay as enjoyable and enriching as possible" (Opinion, Sept 8); why should the enriching experience ofmoot court competition be restricted only to Desmond Moot Court members?We all pay SBA fees,why should thebenefitofthese fees accrue only to certainclub members? Further, thelion' s share offunding for national mootcourt competitionscomes from theschool'sdiscretionary fund. These funds belong to allstudents, notjust those whohave been ''fortunate" enough to havemadeDesmond oranyothermootcourt board. Perhaps theDesmond Moot CourtBoard hasforgotten thatthe country'smo st prestigious EnvironmentMoot Court Competition was wonlast year by ÜB' s Dan Spitzer and Elizabeth Beiring, neither ofwhom weremembers oftheDesmond Board. Further, Elizabeth was nota member ofany mootcourt. This competition wascovered by the national pressandthe victory by the two participants did more to enhance ÜB' sreputation thananything the Desmond Board has done in recent memory. Ifthe policy espousedby theDesmondBoard was inplace lastyear itseems most likely thatthe awards andhonors garnered for the Buffalo Law School and its studentbody? IfDesmond's mischaracterization ofitsown authority is to be believed, will professors betoldby Desmond thatthey can' t sendtheirmost talented students to these competitions? What is the purpose served by this policy? ThisDesmond power grabserved no legitimate purpose and should not be tolerated. The purpose of this letter has been to point out that Desmond's declared policy of controlling all moot court competitions is unprecedentedand lacking in logic and authority. Do not befooledinto thinking thatyouhaveto try out forDesmond, orany other moot court, in order to compete in nationalmootcourt competitions. Yourthreeyears hereareyourownandDesmond cannot control what you decide to do with them. fcipation Sincerely, Douglas Sylvester Jay Fleischman SimonConte �Introspection Features Editor By MariaT. Buchanan As aIL last year, I was amazed at the diverse group ofstudents theadmissionscommittee managed tobring together as the Class of '95. What I found most striking was the numberofolderfemale students(forme, that includedanyoneover the ageof2 5)in theclass. At first, I wondered why "they " wanted tobe in law school at this point in their lives. I thoughttomyselfthatby thetimel'm "their" age, I'll havealready established my career. I also thought that once I graduated, I wouldbe able to start acareer and a family withoutmuch difficulty. I remember last year, a friend ofmine declared that she wasnever going to haveany children. Atfirst,lhadadifficulttimeunder- all would be so difficult. Now I see the standing herchoice. However.themorelthink advantage that "those" older women have about it, the more sense her choice makes. overmany ofus—they are settled in their lives. After all, howrealistic is itfor a woman with They will be able to begin their careers free a demanding career to begin a family only from the burdens ofthedecisions thatmany of us still have before us. shortly after beginningher career? Recently someone stated to me that Itisn't fairto the woman thatchooses to "there wouldn't be all these problems in the bearachild that she should be forced to puther world, if they (I guess the powers that be) career on holdor to stand at the backofthe line simply paid the men enough,sothatthe women forpromotions, simplybecauseher decision to could stay home and raise their families." procreateathomeinterfereswithherability to This statement illustrates that despite the "create at the office. Nor is itfair that the numberofwomen whoare successfullymanchild the woman bears should beraised by a aging bothcareerand family, women stillhave a long way to go in gaining respect for and stranger in a day care center. it understanding ofourchoices. I never really thoughtthat' 'having Editorial, continuedfrompage 4 i Guards, whose membershipsare open to any law-abidingresidento fthe state. This still does not explain whyindividual Americans should have the right to carry arms. So maybe we need them to protect us from other dangers, i.e. rapists, murderers,andthieves. Ithas been argued thatthe supplyand/ or the suppliersofguns are blameless factors unrelated to the numbers ofguns purchased or thenumbers ofgunsactually used. If theeconomy was in good shape, theargument goes, people would generally be happy and prosperous, and fewerpeople wouldfeel desperate,and fewer people would feel theneed to arm themselves against thesefewer desperados, and gunusage would be at a controllable level. However, it is time to stop relying on the assumption of perpetual prosperity. TheU.S. may be a great economic power, but we are not immune to the worldmarket'sprice fluctuations. TheU.S. will probablysuffer some economicrecessions and depressionsin the future, justas ithas survivedsome inthe past. But given a steady unrestricted gun supply, in questionable or bad timesthenumberofdesperateand notso-desperate individualswithguns will goup, and theneed toarm oneself against them increases as well. It will simply become an escalating spiral that will not end until every person carries a gun. Is American society doomed to this inevitability every time the times get a little tough? Maybe at this pointin ourhistory, itis time we joined theranks ofthe other modern societies ofthe world and started taking steps to eliminate from our homes those firearms whose sole purpose is the termination ofhuman life. Throughout its history,other countries haverevered theU .S. for its rational system of legal and judicial institutions. Unfortunately, recently our country has become a civdization to be feared. As American cultural icons have been spread to everycornerofthe globe via mass communications, so have our attitudes about firearms. The result is twofold: criminals throughoutthe worldbegin emulating their American counterparts, and the world begins to view the United States as avery dangerous place. Several famous historians have suggested the hypothesis that when Americans have run out ofroom to expand, i.e. when all the American "wild frontiers" have been tamed, the character ofthe American people would gradually change. They would stop looking to the frontiers as places ofexpansion and/or refuge, and the American people would then begin to concentrate more on their immediate environs,and concentrate onwaysto improveit. One canonlyhope that this mental change will include a realization that the ownership of firearms by the general citizenry is in the long- run societally selfdestructive. ForC las Rembr Ofm, tMs I* * monf tDirectos oVeT «p*c* Ntor, but wh4oat you wqp*ct •» tt*i • OXtock fn /^—L CROSSW RD® Crossword Edited by Stan Chess Puzzle Created by Richard SLlvestri ACROSS 1 Monkeyshine 6 Withhold the dp 11 Bother 14 Domino plays 15 Bush-league 16 Overpermissive 17 Why did Fitzgerald sing "mi," Holmes? 19 Mr.Adams (sos and TV show) 20 Gives the once-over 21 Villagers 23 Slum problem 25 Nuts 26 Workout spot 29 Jersey bouncers? 31 Zoo attractions 34 Feel lousy 35 Stretched out loosely 37 Alcohol burner 38 Featured players 68 Pieces o» eights? 69 Inhibit Friday 40 41 Imposing group 42 Ne plus ultra 43 Gobackto page one DOWN 1 Cheta.torone 2 Guitarist overhead 46 Pre-election 3 Address 4 The bombs 28 How do the sheep get into the pen, Holmes? 30 Certain servicewomen S|SV{ v_s" / » fljy* \ <ms>T \Sfl 48 Ponzi scheme, e.g. 49 "HoldonTighr band 50 "I Still See S "H\t" / J) I « MW W / fl1 W B Usal K3?U IBpK,rV. fffj I 11 flfeB _/ MK^X bursting F—b»f r*fl V cylinders 33 Authority 36 Make a decision 5 Issues orders 39 Gave a hand 41 Came dean 6 Little. B a 43 Doessome lassie cobbling 7 Dyeing wish 44 Biblical brother '(Pant 8 Following along 47 Torrent o( YourWagon abuse 9 Bird or Barkley tune) 10 Dressing type 51 Young. Ladd 52 Speaker of and King diamond fame 11 Where did this 53 Easily-split fruit come 54 Holds in check rock from, Holmes? 57 Dfferent 54 Summer place 60 Gallery display 12 Humorist 55 Voiced Barry 61 Is this in the 56 A foe of Pan's 13 Babe's style of a 58 Q.E.D. middle buddies devilfish, Holmes? 18 Artificial-fabric 59 Have value 62 Stomach component 64 Spanish sea muscles, for 65 StarinCygnus 22 Mogul master short 24 h's often set 66 Raise the 26 Bar food 63"—darn spirits teotin'r 67 Persevere at 27 King or queen event th» B^W/~H_ \^(WJj) Bl %W\ \$ T-^^Bfcs/^T /Mtm HfissSt B>o V BCSftlB — — —^ j— J - T7 ' 18 m«> ' Bo 909 ' BeUmo e NY * ■ _Jl___i I- 8 7 ■■ ' ' ,, ..,.-— 8 5 } " 7, *- ■" WM °' (516) 679-8608 September 21,1993 mb hvfl) morw The Opinion 5 �1993-94 SBA Class Director Candidacy Statements faculty, administration, and fees allocation for yourorganization. ILs Inordertopreserveandfosteraforumfor ourunique individualandcollective interests, talents, and concerns, I believe thatstrong and aggressive representation is essential. I look forward to getting to know youand willspend time to be informedand try to understand the issues that are important to you. Reda Jane Austin, IL SBA representatives formed some ofmy first impressionsofUBLaw School Muchof the congenial and positive atmosphere seemed to be a product ofa proactive and concerned SBA. lamexcitedattheprospectofservingour StudentBar as yourClass Director. IgraduatedfromtheUmversiryofTlorida and did most of my graduate work at the university ofCentralFlorida. As an educator in exceptional education programs, I developed astrong spiritofadvocacy formy students andcolleagues. Becauseofmy nature, circumstances, and/orprofession,Ihavebeen looking after the interests ofothersfor many years. I have over fifteen years experience working with faculties andadministrations. As department chairman o flarge faculties, I wasresponsibleforbudgetsandplanning. Thesestrengths wdl contribute to the SB A's involvementwith Ben Dwyer, IL Over the last two weeks, I have sought andlistenedto students' thoughts and goals for their three years at U.B. Law. Given the uncertainjob marketandproblemsoffunding inthepublic interest field,l sharethehopesof many thatwe get themostoutoftheU.B. Law experience. The Studentßar Associationsthe only organization that speakscomprehensively for all U.B.Law students. Ithas a crucialrole to play in perfectingthe qualityofour experience here. YourS.B.A.repsshoulddomorethanjust promise to showyouagood time ~you should expectanddemandmore. I takevery seriously the commitment I am making in running for Class Director. ofstudent organizations to enhanceour legal education. I am very accessible and open to your input. Iwanttoleamwhatissues are important to otherfirst year law students so I can represent them fairly as an officer oftheSBA. During my three years as a Congressionalaide, I learned whatgovernmentcan and experiencepertainingtoSßA. Whatitdidgive me is what I offer you: Hard work, commitcannot do. My boss introduced the Brady ment, and arelentless work ethic. I wUI work (handgun waitingperiod) Bill and, as the staff to find out theneeds and concerns ofour class, person handling it, I saw how the brave and and I willbe committed torepresenting those tireless effort ofmany could overcome great needs andconcerns. I offerno hollowpromises, oddswhenwe achievedhistoricHouse passage justthe sweat ofmy brow. Thankyoufor yourtime. ofthebill in May, 1991. However, I also saw Sincerely, representative government at its worst when Craig S.Brown Congress members, caughtup in election-year politicsand looking out for their own hides,lost sight ofwhy they were thereand, as aresult, allowed Brady to languish inthe Senate. Asyourrepresentative on theS.B.A., I would carry with me theethicofgood government: government that is above politics, that is accessible and open to students' concerns, and that gets things done. We will inevitably face tough issues this year. These may come in the form of SUNY budget problemsand how they affect thequality anddiversity ofU.B.Lawprograms, proposed curriculum changes, control over O'Brian Hall and building security. I am deeply committed to ensuring that law students' interests are given top priority in all areas and that the S.B.A. will always be proactive and vocal onyour behalf. Craig Brown, IL Sue Etu, IL Ifyouhaven'talready counted,thereare fifteen candidates for the 1LSBA class direcFirst of all, I would like to introduce torpositions. Youwill decide the six who will myself; my name is SUE ETU. I am a native representourfirstyear class. Manyofyouhave Buffalonian and like my wings as hot as they askedmewhyyoushouldvoteforme. lamnot come. TluspastMayJgraduatedfromCanisius going to sithereand attempt to convince you Collegewith a Bachelorofthe Arte in Political that all of my undergraduate activities have Science. I have known I wanted to pursue a career in law for many years and I am very groomedme to be the ideal SBA representative, andas weall know, anything can look good excited to be here. I wish to make the most of on paper. The truth ofthe matter is thatSBA this experience and would like to help you do is not like any undergraduate organization. the same. Being active as a Student Ambassador, an Past experience; working foran elected advisor to the Residence Hall Student Asso- representative, New York State Assemblyciation, amemberofßACCHUS.andahost of man Schimminger, taught me the value of other organizations did not give me specific ...continuedon top ofnextpage • whoare more interested in doing the work of representation, serving the common interests ofour class, than they are in winning an election. Finally, the spending ofother people's collected resources is a graveresponsibility. Theallocationofourfeesto fund organizations and events isthe single mosttangible expressionofwho we wantto beas alaw school. Let's position. Please don'thesitate to discusswithme anything youdeem important,bothbefore and after the elections. makesastatementaboutwhatwecreditenough Don't Forget To Vote! Sada Manickam, IL Hi, my name isSada Manickam (don't worry ifyou can't pronounce it, most ofmy 6 The Opinion Brian Melber, IL Thisbeing ourfirst year, our class is in an odd situation with this election. We don't know eachotherwell. Wedon'tknowwhatour commoninterestsasaclasswillbe. Wedon't have a good idea ofwhat questions willcome before the SBA in the coming year. We did, however.gettwobitsofinformationaboutthe SBA during orientation. CurrentSßA officers introduced us to the SBA by proudly reporting on the contentiousand argumentative tone of SBA meetings,andmentioning finally that, oh yes, we allocate funds fromyour studentfee. It seems to me thattheSBA should valuethe ends ofits deliberations and its ability to generate consensus more thanits ability to sustain and enjoy belligerent opposition. Let's send a group of first yeardirectors whobelieve that ending arguments well is more important than pursuing a fight for the sakeofflexingrhetorical muscles. Let'sberepresentedby six people September 21,1993 school we are and whatkind oflaw schoolwe wanttobecome." Heshouldbeaskingyou! I won't bore you with all the stuffy background information. I am qualifiedforthe sendrepresentatives who won'tdismissthisas an afterthought or a matter ofcourse. Let's choose directors who will treat that function with the respoect itcalls for, and who willuse itwith theknowledge that every dollar spent to support friends can't either). Now you're probably wondering what I plan to address as a Class Director. To be honest, the mainproblem that has been broughtto my attention isthecramped atmosphere of the classroom with students spilling onto the aisles. This is the major complaintofmost students,along withthelack ofadequate parking space. As a seasoned veteran oflaw school, with4 weeksofexperienceundermy belt, I can testify that I have many ofthe same questions as you do. Such as, what thehell is Schlegel talking about? Ipromisel won'tregurgitatemy resume, butlwilltellyou whatmotivated me to pursue a position in the SBA. The primary reason is that the SBAcontrols the distributionoffunds to student organizations (i.e., it determines whereyourmoneyisgoing). Asan undergraduate at Cornell, I was active in many extracurricular activities ranging from debateto volleyball. Irealized thattheseactivities contributed as much to my education as the coursesI took. I want tosolidify andstrengthen therole year's S B.A. should include providing student input into theredefinition ofU .B. Law School. Dean Boyer, calling for alumni input, stated that this is atime to rethink whatkind oflaw Tomorrow Harvey Siegel IL IfelectedtothepositionofS.B.A. FirstYear Class Director, I wdlrepresent myclassmates to the best ofmy ability. That means: I'LL GO TO BAT FOR YOU! The concerns thatyou have, regarding U.B.Law Schoql, will become my concerns. I willaddressissues that arise duringthe termof officeonyour behalf. Thatmeans I'llbeasking youropinionsthroughouttheyear. I believe the responsibilities of tiiis and Thursday from 9-4 outside law library. �1993-94 SBA Class Director Candidacy Statements Etu, continuedfromlastpage strain it or cut its funding. Frank, a son ofPolish and Irish immigrants, grew up in central New York and attendedThe CollegeofSt. Rose inAlbany. He has adegree in Historyand Political Science. ideas. Asyourdelegatelwouldrepresentyour Before coming tolaw school, Frank worked in ideas and goals. Your viewsare important to the Legal and Political Action Department of me. My box number is 71; lam interested in the Civd Service Employees Association, what you think and whereyou want this law Local 1000 AFSCME, AFL-CIO inAlbany. While there, Frank co-authored legislation school to go. I realize that at this time many of the which eventually became the Agency Shop issues are unclear; but whatdoes seem appar- Law and drafted the Privatization Ethics ent is the friendly environmenthere. I feel that Boardbill. Frank servedas UpstateNew YorkCothis is a unique and valuable characterists that should befostered. Continuingandbudding the coordinator ofthe Clinton forPresident camsense of community in this law school is a paign during the primary season, working in Michigan, Pennsylvania, Illinois,Vermontand priority forme. I address you today to ask for your New Hampshire. Then, in the fall, he was the support and voteon September22nd and23rd. Democratic Candidate for New York State I am very service orientedand I have a lot of Assembly inthe 126thAD.Obviously he lost. energy. It would be an honor to serve you. Also,Frankis notandneverhas been amember Please vote SUE ETU for Delegate!! oftheCommunist Party, at least thatyoucould constituentideasand concerns. It is aresource that too many officials overlook. Effective representative government empowers the people. It gives the people a forum for their John L. Leifert, large lawsuits like the Corning breastimplant case last year. Prior to that, she worked as a Frank's ambitions afterlaw school insecuritiesrepresentative and in-houseportfo clude public interest fields, such as prisoners' homanager forRochester CommunitySavings rights andjuvenilejusticeissues, labor law and Bank. anotherforay into politicsat the national level. Afterpassing the bar,Elizabeth wantsto Frank has come togetherwiththe other dedicateher practice to helping abused chdingredients of the Recipe for Success team dren. Down theroad, shewouldlike to open a because he believes that, despite their differ- home for abused children. She also hopes to ences,working as ateam in anon-competitive make lots ofchddren herself, so that maybe manneris the best way to servetheneedsofthe some ofthem will be tall. wholefirst year class. Elizabeth has come together with theother ingredients oftheRecipe for Success team because he believes that, despite their Elizabeth A. Jewett, IL Another ingredient in the Recipe for differences, workingas a team in a non-comSuccess, Elizabeth A. Jewett of Rochester, petitive manner is the best way to serve the NY, is seeking the position of IL Class needs ofthe whole first yearclass. Directortohave SBA offerthekindsofsupport Sareer A. Fazili, IL andassistance law students uniquely need. Another ingredient in the Recipe for ''We'veall beenthrowninto asituation Success, Sareer A. Fazili (Sandy), is seeking thatcan createalotofstress,"sheexplained," the of 1L Class Director. Hewould position and I think the SBA could bea clearinghouse to an official student handput together like for information, guidance or justplain friendly with book detailed information on student faces. Itcouldbeasourceofsharedknowledge, community opportunities. and organizations like outlines or taped classes, and we could 'There are so many many resources, so ' coordinate with the faculty for tutorials with in WesternNew uniqueorganizationshereand students whofeel the need forextrahelp. Also, explains Sandy,''thatweshouldgetthe toadequately represent thewholeclass,lhope York," information that is out there together in one that everyone wdl share their feelings and for students who are new to especially place, ideas withus." the area. It's easy to feel so overwhelmedhere Elizabeth, a native ofSouth Korea, has lived in Rochester since she was six. She thatlthinkstudentswouldenjoyanopportunity to find diversions easUy.'' attended CornellUniversity,graduating in 1990 with a Bachelors degree in Economics and Sandy,anativeofXashmir,grewuphere Marketing, with aminor inGenetics. During He graduated from theUniversity inßuffalo. college, Elizabeth was Ithaca's first female o fßochester withaBachelor' s degreein Ecovolunteer firefighter, serving on the departAtUofR, Sandy founded theMuslim nomics. ment for three years. She was Treasuer/AcStudents' Association and served on the Excountant/Cook&Botde Washerforthe departecutive Boardof theAssociationfor Development, and isa trained EMT who served as an Interest in the Indian Subcontinent. ment of officer in the Cornell EMS squad. Elizabeth college, he has worked as Regional also found timebetween classes to volunteer Since Director ofthe Kashmiri American CouncU, for the Ithaca Youth Bureau, working with troubledkids. Since college, Elizabeth servingasalobbyistlocally and inWashington has been working with upstate New York's forAmeriamsofKashmiriandescent Sandy's largest law firm; Nixon, Hargrave, Devans & arguments before the likes ofHank Nowak, prove. IL Another ingredient in the Recipe for Success, John L. Leifert, ofLong Island, is seeking the position of 1L Class Director to cross section barriers and get the entire first yearclass organized as a cohesive unit. "There was a social hole," explains John, "thatl saw,so I organized two intramural Softball teams that play in the University league. This isa small step towards integrating us withthe entirecampus community. John is a native ofNew York City and moved to the island when he was five. He attended SUNY at Albany, graduating in 1993 withaBachelors degree in Business Administration with a Marketing/Management concentration. Whde in college, he was on the Albany Swim Team and servedas Chancellor and the Director ofPublic Relations in the Delta Sigma Pi. During the legislative session, John workedas an aide to state Senator Frank Padavan (R-Queens). John is interested in pursuing a legal career as a litigator,and may enter the world ofacademia in lieu ofretirement. Johnhas come together with the other ingredients ofthe Recipe for Success team because he believes that, despitetheir differences, working as ateam in anon-competitive manneris thebest way to serve theneedsofthe whole first year class. FrankDec, IL Another ingredient in the Recipe for Success,FrankDec, ofAuburn, NY.is seeking the office of IL Class Director to fight to preserveand expand,wherepossible, theClinical program at the Law School. ' 'This program is a unique resource to our school. It is noted nationwide and is actually a model for other schools across the country,'' he explained, "It should be avery high priority to oppose any attempts by the administration or the state legislature to re- SBA Student/Faculty Committees: Academic Policy and Programs Committee - (3 positions) Academic Standards and Standing Committee , - (3,-, positions) Admissions Committee - (4 positions) Appointment Committee - (2 positions) Budget & Review Committee (3 positions) ... Faculty Student Relations Board -(3 positions) Law Library Committee -(1 position) „,Mitchell Lecture Committee - (1 position) ,-, - ,-. . Planning Committee (2 positions) Public Interest Interns/Fellowships Committee (1 position) Special Needs Committee - (3 positions) Special Programs Committee - (3 positions) - "Recipefor Success": (L. to R.) Leifert, Dec, Jewett, Fazili, and Cox. Bill Paxon andLouise Slaughter, local MemDoyle, rising to the position oflitigation paralegal involved in the coordination of many bers ofCongress, were great practice honing the debatingskillshe'llneedontheSßA. After graduation from law school, Sandy's goal is representdoctors, lawyers and indianchiefs, as well as people whoaren 't related. Sandy has come together with the other ingredients of the Recipe for Success team because he believes that, despite theirdifferences, working as a team in a non-competitive manner is the best way to serve theneeds ofthe wholefirst year class. Steve Cox, IL Another ingredient in the Recipe for Success, Steve Cox, ofUtica, NY, isseeking the position of 1LClass Director to work on expanding the orientation process to Law School fornew students. ''Without necessarily making the process any longer," he explained, "we could offermore small group types ofdiscussions or specializedmeetings toaccomodate a broader Student Association ofthe State University (SASU), and as an insurance agent withPrudentialand Nationwide Insurance companies. He is married with two children. Active in Democratic politics foryears, Steve worked in theNew YorkState Assembly during college and managed a campaign for Assembly in 1980.In 1984,hecoordinatedtwo congressional districtsfor Senator Gary Hart (D-Colo.) during theNewYorkprimary. Hehas servedas chairman ofthe WhitestownDemocratic Committee since 1988and, in 1989,ran fortheofficeofOneidaCountyLegislator from Whitestown. He is not and never has been a memberof, or president of, the HairClub for Men. Steve has come together with theother ingredients ofthe Recipe for Success team because he believes that, despitetheir differences,workingas a team in anon-competitive manner is thebestway to serve theneedsofthe whole first year class. SBA Standing/Ad-hoc Committees: ( no set number of positions) American Bar Association Committee on Child Care Commencement Committee Course Evaluation committee Faculty Student Association Research and Writing Committee Recreation and Intramural Committee Social Committee Student Health Advisory Committee Student/Alumni Relations Committee Applications Available Outside of 101 O'Brian Hall Due Wednesday, September 29, 1993 at 5:00 pm **** Speak to a SBA Executive Officer for more details **** *■ September 21,1993 The Opinion 7 �1993-94 SBA Class Director Candidacy Statements f *\ 2Ls > < Victor Bobet, 2L Dear Constituents: Christin Horsley, 2L Hi! MynameisChristinHorsleyandl am running for SBA Class Director. On September 22 and 23, you will be asked to makeadecision thataffects andhelps shapeyourlawschoolexperience. Thatdecisionis the election of your class representatives. I am asking thatyou place your vote for experience, motivationand asincereattitude. ThisiswhatyouwillgetifyouvoteforChristin The message that I wantto send to the Horsely. entire student body is that the Student Bar During the past year, I servedas one of Association cares about theintegrityand standyour class representatives. This experince ing ofour law school. To this end, I intend to afforded me with a familiarity with operathe make sure that we do all in our power to tions ofthe SBA. To this I can add my enthuimprove the quality ofthe many clubs and siasmand ability to work withothers inhelping associations that SBA funds. One issue that to guide the SBA through the coming year. concerns me isthe nationalranking ofour law Let me be your vote. Vote Christin school. If you have notchecked lately, weare Horsely. not exactly top twenty in the country. I'd like to know whatthe student body feels about this and whatmeasuresshould betaken to dealwith this problem. Remember that once the job search is on, thereputation ofthe school that youcome from canbejustasimportantasyour academic achievements. These and other issues are ofparamount importance to me, so when youare going to vote, just useyour best judgment Nicole Holder, 2L Dear Colleagues: Apathy is no longer a solution to today'sproblems.Far toooftenmany ofuslead "a life of quiet desperation" and become apathetic whenproblemsarise. Asyour class director, together we can put an end to this cycle, and enhancethe future ofUB law school notonly forourselves butforfuture generations to come. Ifelected I will work to ensure that yourconcerns areheard by theadministration. I, Nicole Holder, ask for your support in the upcoming SBAelection because together we will make a difference. Walter Johnson, 2L Who am I? Why am Ihere? Ihave neverrun forany official position, Hear Your Candidates & Ask The Questions n(D % j-j- rv~*. (Forum * Cardmates nor have I everheldany officialposition; and, humbly, I do not think that the fact of my inexperience is irrelevant. I do, however, hold strong to one position which I feel is most important: getting people involved. Personally, I've spent much of my life feeling marginalized withinmy society: Simply stated, Idon'tliketo feel marginalized, and I believe thatmany others feel this way as well. So whatCAN astudentgovernmentdo? I'Vealways generally believed thatthe answer was NOTHING. But, lately, I've become wUling to suspend my beliefs, test the waters and adhere to the usual,m mundane matters that student governing bodies attend to: namely budgets andsuch. Thesemundane matters are notperceptibly hard *though possibly timeconsuming and stressful)and I'm quitewilling toassume theseresponsibdities; butthey are not the reason for my decision to run. As aClass Director, I wantto do someof thing substance: I wantto know a11270-odd opinions, beliefs, desiresand motivations that my Class holds. I want to help formulate, organizeand addressthe things you think ought to beaddressed. I want everybody to know everybody and will work to facilitatethis goal. We will be colleagues for life: Conservative andLiberal; Radical and Reactionary. In the "real world " (ifthere is one),wew illbe in one ofthe easiestpositions to govern our society; forthis reason, I feel thatweneed toknow one another and weareresponsible forknowing one another. Ourparticular opinions, beliefs, desiresandmotivation (andthe ensuing diverse organization) will naturally flows from this source ofcommunity; butthe senseofcommunity must come first. Itismy hope thatI can help generatethis of sense community. David Nemeroff, 2L Definition: Class Director(klas-di-rec-tor) 1. One whoposses the driveand ambition to gets things done. 2. A representative who listens to his/ herconstituents andmakes THEIR voiceheard. 3. An experienced leader. Whichcandidate for Second Year Class Director best fits this definition? Answer: DavidNemeroff VoteDAVID NEMEROFF for Second YearClass Director. Darryl Salas, 2L Hi.I am Darryl Salas. You won't catch me sleeping on the job! oops. Have a Voice in Student Government!!! CCass (Director (Elections Tuesday, September 21,1993 Wednesday, September 22, 1993 Thursday, September 23,1993 3:15 pm 9:00 am - 4:00 pm Room 109 - They Represent You 8 The Opinion September 21,1993 Outside of Law Library Each VoteMakes ADifferencelll �Alumni Spotlight: David Ziegler andVolunteer Lawyers Project bySharon Nosenchuck, iNews Editor such things as fanuly law, bankruptcies, divorces, support matters, custody, and other law school in orderto bealawyer? WeD,guess matters. Thereare many advantages to volunwhat, you're wrong. David Ziegler, a staff the'VolunteerLawyers is at VLP, Ziegler said. For law students, Project, teering attorney at alawyerwhonever graduatedfromlaw school. advantages include receiving anopportunity to David Ziegler startedatUBLaw School getreal experience,advised Ziegler. In some in the late 19705. After completing his first cases, thatopportunity can includerepresentyear oflaw school, he then took a number of ing clients in unemploymentinsurance cases, leaves ofabsence. After completing almost notedZiegler. VLPhasahighturnover.stated two years oflaw school, Ziegler wentto work Ziegler,and he encourages students to contact for a Buffalo law firm ina clerkship program. him to see ifa volunteer position is available. This firm sponsored him to writefor the Bar. VLPrequkesarrunimumtimecommitmentof Ziegler, whobegan law school in hislate 20s, two-and-a-halfdaysperweek, said Ziegler. said that hefound UBLaw School "anot very VLP accepts newly-graduated law practical place to learn the law." He ex- students as volunteers, Zieglersaid. For graduplained thatby pursuing the course thathedid, ates who have not yet passed the Bar exam, he got the benefit of earning money and got VLP can be a good place to learn skills and experienceat the same time. However, he said "looksgoodonaresume," saidZiegler. Parathat he enjoyed law school. Professorswhom legals are encouraged to volunteer atVLP also, Ziegler especially liked whilehe wasastudent Zieglernoted. at UB included John Henry Schlegel, Fred Ziegler wouldliketoseemore attorneys Konefsky, Al Katz, and JanetLindgren. volunteering at VLP. Attorneys can help outat Zieglerwasadmitted to theBar in Janu- VLP in two ways, he said. Some attorneys ary 1990andworkedinprivatepracticeuntilhe choosetocomeinto the VLPoffke. These are began his job at VolunteerLawyers Project. generally new attorneys looking for experiVolunteerLawyers Project (VLP) isapro bono ence or attorneys who are changing their area legal aid provider. Sponsored by the Erie ofspecialization,Zieglernoted. They receive County Bar Association, VLP helps low in- a chance to sharpen their skills by working on come people with legal matters of a civil cases, he said. nature. VLPmatches low incomeclients with Volunteering at VLPoffersadvantages attorneys inthecommunity. Potentialclients to experienced attorneys, also, pointed out are interviewed by VLP to determine if they Ziegler. By volunteeringat VLP, lawyers are are eligible forVLP'shelp. VLPisoneamong ''freed from the ideaofbdlable hours, "noted several providers oflegal services to low in- Ziegler. The greatest reward is the feeling of comeclientsinErieCounty. Otherproviders satisfactionfromrepresenting people whowould include Neighborhood Legal Services, Legal otherwise be unrepresented, enthuses Ziegler. Aid Society, andAssigned Counsel Program. He notesthatNewYorkisnotamandatory pro These providers, including VLP, havearrived bono state and there is no requirement that at a division of legal services. VLP handles attorneys do any cases for free. Did you think thatyou had to graduate Conratulations! ÜBLaw Review is pleased to announce its new Associates for 93-94 year, Associate List Caryn B. Adelman SaraS.Ashcraft Gretehen P. Ay Iward JohnF.Bolton JeanR Brenner Jeffery J.Calabrese JenniferL Cardamone JayChatarpaul PaulT. Darcy Erich de la Vega Amos S. Edelman Shirley Fang William P. Farley Susan J.Fernando AlanaM.Fuierer Thomas D. Glascock Brian A. Goldstein Pamela N. Goldstein Stuart J.Graham CharlesD.Grieco EdwardV.Jeffrey Michael R. Jung JoeKhanna RobertM. Kitson lauraG. Kniaz Karen E.Leonard David P. Leve Alisa A. Lukasiewicz JeffreyA. Meyers Leslie S. Pearlman Leslie A. Ringle Alan B. Rosenthal Charles W.Russell Jennifer E. Schantz Julia A. Solo Kevin D. Szczepanski Jeremy C.Toth BernadetteWeaver-Catalana Robert Elardo, managing attorney at and Ziegler's boss, noted that the best VLP timefor students to apply to volunteerat VLP is at the beginning and the end ofthe semester. Elardo, voicing the complaintofmany in public interest work, said that at times he getsburned out,but overall,he isluckybecause VLPhas continually hadnew challenges duringthe timehehas workedthere. He saidthat manyencouraging thing shave occurred during his tenure at VLP thathave revitalized him. Zieglerand Elardooffered someconcluding advice to law students. Ziegler advises students not to be discouraged ifthey don'thaveajob, because eventually the market will turn around. Elardo advises students to volunteer at VLP, noting "not only will you meet your ethical responsibility and do something with your law degree, but you will make yourself more marketable." He said thatnot only will thevolunteer experienceat VLPallow' 'youto dealwithreal people and theirproblems, but also, it is an invaluable experience that can help to separateyou formothers whoare looking for jobs.'' Employers look favorably on those who volunteeratVLP, saidElardo, because itshows thatthe personhad the initiative to go outand' 'try to do something instead of justsittingaround.'' Interested in volunteering at VLP? You can reach David Ziegler at the Volunteer Lawyers Projectat4o4 NiagaraFrontier Building,29oMainStreet,Buffalo,NY, 14202,(716) 847-0307. Remember, VLP continually needs bothattomeysandlawstudentstovolunteer. If there are no volunteer positions available at the time you apply, something may open up soon Blum may be held in contempt byPaulßoalsvig,. Editor-in-Chief The ongoing lawsuit of former UB Law School Professor Jeffrey Blum against variousmembersoftheUß Law School (Blum v. Schlegeletal.) has recentlytakenastrangc turn. According toMagistrateJudgeCarolE. Heckman, it seemstheformerlawprofessor hasusedafew choice wordsin hiscorrespondence to other law professors to describeher lack of integrity and credibility. Judge Heckman is the federal magistrate judge in Buffalo whohas been ruling on Blum's pretrial motions (in our last issue wereported that on one such motion, the interview tape madebytheOpinion'sPhotoEditorwasheld protected from discovery). JudgeHeckmanapparendy didnotappreciateßlum'saccusations that sheis "confused' ' about thelaw, treating his case inan "unethical manner", orthatshe is a "crank judge. In retaliation to what she felt was disrespect to the court, Magistrate Judge Carol E. Heckman several weeksago asked hersuperior, U.S. District Judge William M. Skretoy, to considerbringing contempt-ofcourt sanctionsagainst Blum. In a recent 19-pageruling, Heckman notedthat' 'In this litigation in general, and on this motion in particular, plaintiff has demonstratedcomplete disrespectfor judi| cialauthority. Furthermore, sheadded,' 'He hasrepeatedly made unsupported accusations and threats againstadjudicatory officials. He has unjustifiably challenged the magistratejudge'sintegrity.abUityandwillingness to perform as a judge because he disagrees withrulings. In an interviewwtththeBuffalo News, Blum denied the allegations: "I've never done anything to show disrespect for the magistrate judge". He did however, admit thathefeltshe had "misinterpretedthings'' that he had said, and that her rulings were unfairly suppressing his efforts to get' 'key evidence" forhis case. Room Reservation Policy for Law Students It is essential for the Law Library to provide quiet places wherelaw students can access research materials and write and itis also essential that the Law Library provide group discussion spaces. Therefore, in coop- eration withthe SBA, theLaw Library is in the process of starting a reservation system to secure the use oftheLaw Library' scarrels'and conferencerooms forlawstudents, announced Ellen Gibson, Director ofthe Law Library. Beginning around September22, law students with I.D. will be able to reserve carrels and conference rooms. Gibson thanked the SBA for funding locks and keys for this project. When the new system can begin, a description ofthe reservation procedures will be placed in all law studentmailboxes. Except during examperiods, carrelsmay be reserved for up to one week. Reservations may be renewed if others are not waiting. However, ifthe carrel isnotneeded forawhole Sheffer Appointed to UB Faculty by Sharon Nosenchuck,.News Editor OnMonday, September 20, Dean BarryBoyerofthe LawSchool announced thatNew York State Senator JohnSheffer has accepted an appointment to the UB faculty, beginning January 1,1994. Sheffer will be a Senior University Fellow with teaching and administrativeresponsibilities,buthe will be focusing on thecreation ofanew jointJD/Ph.D.program between theLaw School and the School ofArchitecture, saidBoyer. Boyer said that the appointment became final over the weekend, so that Shcffer'sresignationfrom the Senate could bearmouncedonthemorningofMonday, September2o. Thiswasnecessarysothat Sheffer's seat can be placed on the November ballot. Sheffer's acceptance of the position ended speculation that he would accept nomination for the State Supreme Court, Eighth Judicial District. WhileapreviousUniversityprograminpublic policyhad become defunct, thereremained faculty interest inre-opening such a program because it gives studentsinterested in public policya grounding in law-related discipline,said Boyer. In the spring of 1993, the University, already discussing the formation ofsuch a jointprogram, heard thatShefferwas consideringleavingthe State Senate andthat one option he was considering was an academic appointment. Boyerand Dean Headrick met with Sheffer to discuss Sheffer's interestand how itwouldrelate toapolicy studies Ph.D. Theoutcomeof these discussions was a package put together between the Law School, the Department ofArchitecture and Planning, and theProvost's Office, said Boyer. Sheffer, a Republican from Leßoy, isretiring from state serviceafteratenure ofalmosteighteetfyears. The primaryrole ofSheffer' snewappointment, saidBoyer, wdl be to create this new program,which willrequire the cooperation o fboth faculties. Boyer noted thatalthough this program is ofprimary interestforstudents in the new JD/Ph.D. program, it will also create newcourses open to the general JD studentbody. Thisappointmentwillbeof interest to all, as Sheffer will be teaching cross-listed courses. The firstclass ofthe newprogram will enter in thefall of 1995. Boyer said thatmuch ofSheffer's work.in the State Senate wason environmentalmatters, a rapidly growing area of the law,' 'so thathe (Sheffer) canbuildour strength in that area as well.'' Since 1989, Shefferhas represented die 60th Senate District, which covers Genesee County and partofErieCounty, in the New York State Senate. WhUe in the Senate, Sheffer was the Chair ofthe Committee on Tourism, Recreation & Sports Development and Chair of the Higher Education Subcommittee on S.U.N.Y. Access. From 1979 to 1988, Sheffer wasaNew YorkState Assemblyman, representing the 142nd District. In addition, since 1974,Sheffer haspracticed withthe law firm of Sheffer, Murphy & White in Williamsville, New York. Sheffer'senvironmentalexperiences include his chairing of the Senate Task Force on Zebra Mussels since 1990 and passage of the Great Lakes Protection Act. A graduate ofSyracuse University SchoolofLaw in 1973,Shefferwaseditor- week, thekey maybe returned earlier. Conferencerooms may bereserved forblocksoftime. The Career development Office willreceive priorityforscheduling employmentinterviews in conference rooms. Carreland conferenceroomreservations can be made in the office of the Law Library, Iris Reese, room 208 (in the corner behind theReference Desk). In the evenings and Saturdays,reservations will behandled by the Reference Desk. Hours whenreservations can be madeare: Mondaysthrough Thursday BAMto9PM Friday through Saturday 9AM to SPM Noreservation service on Sunday. Until a secure key drop box is installed, keys must be returned duringreservain-chiefofthe Syracuse law Review tionhours. Once the box is installed, keys may be returned in this box, which will be located rAifi;;,'iy»/.'n/|.".«vri',j/ri fw.wr-w/.J r>Wtill* t'nh print outside room 208 anytime the library is open. putUl.itUHii'!<■ Penalty forlatereturn ofkeys will be $ 5 per day. Thefee for a lost key will be $ 10 September 21,1993 The Opinion *•• 9 �, Union, continuedfrompage 1 events scheduled at day from whenthe campaign was initiated in January untilitendedinmid-July. Theybraved the harsh w interofßu ffaloand then theheat of this past summer. Neither snow, rain or cold winds which changed into ahotsunand muggy days fazed them. The janitors campaign involved many different facets that lead to its ultimate success. First ofall, the janitors leaflettea and picketedeveryday. Thiswasinordertoinfoim and get involved the tenants and consumers of the Statier as well as the local citizens and taxpayers ofBuffalo. The janitors were creative in this endeavor. P.S. Elliot brought the union before the National Labor Relations Board (the Board or the NLRB) inan attempt to stop or at least limitthe janitors' picketing in front ofthe Statier. A fter being tied up in this legal scenario, the Board found against the union and used the labor law ' 'reserved gate picketing" case law to limit the janitors to picketing at a side entrance offof Delaware Avenue, which allegedly was the only entrance Elliot janitors used to enter and exit work,and away from mostofthe traffic which emanates intoand from the Statier. However, the janitors took this legal set back in stride, and utilized the case law which allows for lcaflett ing in alabor struggle at the worksite. Notonlydidtheyleafleteveiyday,though,they also usedcreative methods to inform the public. Mondays were often"chair days" as the jamtors and theirsupporters satin beachchairs in front ofthe Statier. Tuesdays often found themall wearing theirunion " Justice for Janitors'' tee-shirts. And the rest ofthe week the janitorseitherpicketed at the side entrance or were circulating apetition whichhundreds of peoplesigned in favorofandsupporting their right to get their jobs back. The janitors and theirunionalso usedothercreativemethods to putpressure on the owners ofthe Stader Towers and the non-union subcontractor. The methods employed included candlelightvigils outside the budding, rallies atnearby Niagara Square, marches through thebudding's lobby, visits to the tenants ofthebudding, and picketing Mr. Elliot'splaceofbusihess, house and private club. The janitorspicketed in front of Mr. Elliot's house and marched through his neighborhood after they had named him the 1993Buffalo "Enemy ofJusticeforJanitors.'' Secondly, theunion builtupon thiscommunitysupportandputpublicpressureonthe owners ofthe Staderand its manager, Mr. Bob Zugger, to dotherightthing and givethe union janitorstheir jobsback. Mr. Zuggerseemed to be caught in the middle, between the new owners who initially steadfasdy refused to rehire the union janitorsandthe janitors themselves, one of whom even played with his children when theylived in the buildingmany yearsago. Thiscommunitysupportgrewlarger as the struggle ensued and culminated in the ownersrealizing that they were not justdealingwiththirteenjanitorsand their union-they were also dealing with the concerned citizens and taxpayers ofBuffalo who realized what was really happening at the Stader and were concerned enough to do somethingaboutit. Thexommunity support grew beyond the petition signing in support ofthe janitors getting theirjobsback. A bigger piece ofthe community support, and perhaps what ultimately led to theunion' s success in gettingthe janitorstheirjobsback was the boycott ofthe Stader. Many organizations canceled their Who needs sleep, anyway? 10 The Opinion September the Statier and others stoppeddoing business there. Theboy cottwas highlighted and reached an infamous pinnacle whenonMay sth,GovernorCuomo honoredthe boycott and refused to cross the picket line, thereby canceling a scheduled appearance to speakat the Statier to over ninehundred Erie County lawyersatahmcheon. Thisbrought the strugglebetween the unionand the owners to a bod,and thereaction thatresulted from this in large part led to the eventual successful settlement. The janitorsalsoreceived atremendous amount of support and solidarity from other local unions in Buffalo. In addition to their fellow union brothers and sisters,the janitors were aided fromlocal community groups and religious organizations such as Citizen Action, the Coalition for Economic Justice, the Western New York Peace Center, and the Western New York Centerfor Occupational Safety and Health (WNYCOSH). All these fellowunion membersandconcerned citizens often walkedand stood withthe janitors on the picket line and at various rallies at Niagara Square, across the street from the Statier. Moreover, local legislative members such as CommonCouncUPresidentGeorge Arthurand County Legislator Crystal Peoples were invaluable in their support ofand help to the janitors. Withthe pressure from the boycott, the leaflets, the unions, the citizen groups, the istIncorporation,CSI, which is run by Mr.Gary McCarthy and islocated in Downtown Buffalo justaround the cornerfrom the Statier. When the janitors finally returned to workthis past August, many hadrealized the fruits oftheir labor. They had won. These thirteen union janitors had stood up for their subsiding theprofits ofthenon-union subconWith the help oftheir union they got jobsand tractor, P.S. Elliot. The non-union janitors themback. There truly was justice for these no received minimum wage with health care, vacation This janitors. job security, or pension benefits. forces these janitors to have to work two or three jobsjust to make ends meat and to have AFOUNDATION TOBUILD UPON With this success at the Statier, the food on the table and be able to pay the rent. union, SEIULocal 200-C, iscurrendy attemptThosethat do not workmultiple jobsand even to thenon-union janitorsin downorganize ing some whodothuswind upneeding governmentown or Buffalo. With a union and a contract, tal support such as food stamps welfare in tax these low-wage, hard-working janitorsthen orderto survive. Thus, our dollarsare used to subsidized the non-union subcontractor's may beable to not have to work multiple jobs profitsby itusingnon-unionjanitorsandpaying and get offofgovernmental assistance. Furthemminimumwagewithnobenefits. Thisis thermore,through organizing andjoining the true because these low-wage, non-union janiunion they would get health care, jobsecurity, tors who dohaveemployment stillneed ourtax pension, seniority, and vacation benefits. In addition, through organizing and joining todollars just to survive. The Justice for Janitors Campaign and gether in the union, these janitors would be the community pressure eventually led to betterable to stand upagainstthe owners and meetings between the union and the owners. subcontractors. A singlejanitoragainstthese Mr. Arcadi, one ofthe American ownersand large investorsand employers standsalone. A evidently the spokesperson forthe ownership unionjanitorstands withalltheothermembers group.thenagreedinMid-Julytorehireby Mid- ofthe union, the other local unions, and the Augustthe janitors,givingthem theirjobsback community groups and citizenswho support theright forjanitors to receive fair wages and withallbenefits. The union janitorialsubcontractorthat wasbrought inis Contract Specialbenefits and to truly have justice for janitors. local legislators,and the community, theowners were eventually jolted into cleaning up their act and rehiring the union janitors. The Buffalo community eventually realized thatwhat was happening was thatthey, as hard-working citizens and taxpayers,were tayation inßarMew: II TTie flow Chart Course I1 Mutual Assent I Fonriafon [ Consideration \ I I No Rjrmation I �The Docket Announcements *Lt»k, C*t«+i £.**«* rf u/aj a simple M* m -Ma /icck, kd M< DA *S History Professor to give speech Ralph Raico, ProfessorofHistory atthe State University College ofBuffalo will be the guest speaker on Thursday, September 16at 7:30 at Dandelion's Restaurant 1340 North Forest Road (at MapleRoad) in Amherst, NY. Dr. Raico willprovide anoverview of thelibertarian movement in the United States from a historical perspective and give his views asto its futurerole within theAmerican political system. Theaddress is co-sponsored by Voices ofthe Nineties, anindependentconsortium of libertarian-oriented writersand speakers,and Americans forFreedom ofChoice, afreemarket policy analysis group. Admission is free and open to the public. Snacks andrefreshments willbe served. Volunteers needed for Phonathon Volunteers are needed for this years AlumniPhonathon; lastyearweraised arecord ampunt ofmoney. The Law School relies Buffalo Old Boys Rugby Position Available Activity Fee Waiver Interested in burning offsomelawschool Position: Student Wide Judiciary Chief heavily on private funds to help supportprostress? Consider joining the local men'sclub StudentCo-Defender grams such as Moot Court, the clinics, Trial team, the Buffalo Old Boys. Practices rugby Responsibilities: Representation ofany Technique, theEmergency StudentLoanFund, held on Tuesday and Thursday evening in the StudentWide are student's defense and even the library. The 1993 Phonathon at the club's home field in Delato the court's byfrom 6-8:00 Mustadhere Judiciary. location and dates are as follows: Hodgson laws and existingregulations. Work with warePark(nexttothezoo). Games are played Russ, OneM&TPlaza, Tuesday and Wednesat 1:00pmand thefall the otherChiefStudentDefender and Group on afternoons Saturday daySept.2l and22;Monday,Sept27andWed. runs until late November or early DeLegal personnel. Reports to the director. andThursday Sept. 29 & 30. Phillips Lytleat season cember. The Old Boys are the class of the Compensation: Monthly stipend. MarineMidland Center, Tuesday Oct sth.and Upstate League which consists ofteams from Thursday Oct. 7th. and again on Wed. and Syracuse,Windhover(Albany), and RochesApplications can be picked up at the Thursday Oct. 13 and 14. All callers should Last team Sub ter. was undefeated and Board I Business Officeand theLaw year, the arrivebetween 5:30-5:45 p.m.Freeparking and School CareerDevelopment Office, and participated in theNortheastern Club Champiacomplementary informaldinner will be promustbereturned to the SubBoard IBusiness onships held in NYC. This year, the champivided. You will be provided with a script to Officeby 4:3OPM, September24. onshipswill be held inBuffalo the weekend of help you in making calls. November20th. The winner earns the right to Please let usknow- Box 8460rR00m318 travel to North Carolina the first week of O'Brian. December to compete intheEast Coast Final Four. And there's more... New players are always welcomeand no experience isnecessary. Onecanpickupthe WHAT: JessupInternationalMootCourt Furthermore, there is no game quickly. WHEN: Today, Tuesday Sept 21; 3:45 p.m. as theclubfields 3 sides for rugby 'bench" in ' WHERE: Room 106 each weekend. player will geta game. Every THE LOWDOWN: Win the chance to post-game Also, the festivities will be sure to represent UB at the Northeastern Regional sure thosetextbook blues.'' Jessup Competition. UBLawAlumni whohave played forthe OldBoy s include Cartermann'9l, who is now WHAT: Film:' 'THE PANAMA DECEPa star for the American Patriots, the U.S. TION" jf / WHEN: Wed. Oct. 6; 7 p.m. WHERE: 106O'Brian THE LOWDOWN: Acadamy Award Winnerfor Best Documentary, an expose of the 1989invasion. WHAT: Getting a Legal Job WHEN:Thurs.Sept.23;3:3op.m. WHERE: Room 109 THE LOWDOWN: A career information program Sponsored by UBLaw Alummi representative in Australia's Rugby League, Dan Drury '92, and John Jablonski '93, last year's team captain. Joinsome distinguished alumni and have a little fun these threeyears. For further info, drop a note to I Contact the Student Bar Association Forms are available at the SBA Office 101 O'Brian Hall Waivers are based on financialhardship and out oftownresidence only. Deadline for submission ofapplication Monday, October 4,1993 at 4:oopm Warning! Crossword Puzzle \ Answer \\I CROSSW RD» Crossword |A|N|T|l|CWS|T|l|F|fßa|o|ol El*noßm J_ N O RMT A X. llsTk _j_ M bJBI \\\ Jeff \\\ Calabreseinßox#3ss,showupatpractice,or come to agame. No commitmentis necessary, justcheck itout! O W NfSIM E — I Tl /// —— - £ X JjBfuBLL ~L X ff D R*£. £ dMe ma A.ls|3*i.El flAy kI A£M£E c ££AlMl££ \\\ \\\ fl\ D EIB AI E|SC A mMeIl 0 PL£ £I£. A 1 T3. i £■■ ROJ.SIO T H E Rj| M AEIA B. A 1 £ ±MAMA flip £A ENE AY W. W, /// /// /// I I If /// /// fly CO«T iMI L. A T E |p|l|yMe|s|s|e|sßd|e|t|e|r| CONGRATULATIONS to the NewBoard oftheInternational Law Society! Luke Bellocchi, President SharonNosenchuck, VicePresident GOLDGroup Sorry, there's no more ///I . for Law Students Jen Tenebruso, Treasurer ... -_ ___ ___ —— —— - — —— — — —— B k f\\g _-.__--_ Free Opinion Coupon! Good for a special opportunity to join our organization. y f^l > «« September 21,1993 | 1 m\,J%Mm Don't pass this opportunity by! (It won't come againmitU next issue! \f —— j « ■. .;-.-.-. «. j The Opinion ™__«.«i 11 �WE'RE NOT THE BEST BECAUSE WE'RE THE WE'RE THE BIGGEST BECAUSE WERE THE BAR REVIEW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-09-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 34 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/21/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 34 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cb39ea5104225ca3268be650bd6c749f.pdf 8bdc84bef72326ba2144821faa89bcae PDF Text Text THE OPINION Volume 34, No. 1 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Dean Boyer Welcomes Class of 1996 - Congratulations bothforbeing admitted tothis Law School, and for surviving your first two weeks oflegal education! The start ofa professional career is one oflife's significant changes; not as intense as familymilestones like births, deaths,and marriages, but nevertheless an experience that wdl stand out in your memory for years to come. By now, some ofthe exlularation and anxiety hasprobablywornoff,andyou'restarting to thinkabouthow you fit into this new school and new pro fession. Building a career in the law can be confusing, especially at first, because lawyers' career tracks aren't as neatly defined as those ofprofessionals inmedicine, engineering, and many other fields. Moreover, the nature oflegalpractice israpidly changing, as economic pressures, new technologies,and the continuing flood o fnew law overwhelmtraditionalarrangemenls. How can youmake sense ofall ofthis, and emerge fromLaw School in three years witha career, as wellasa diploma? Thecurriculum is thefirstplace to start building a career. With most ofthe courses required inthefirst year,you don't faceimmediate decisionsaboutcourses to take; but you dohavechoicesaboutwhatyou'llgetoutofthe courses you take.Don't shortchangeyourselfthe curriculum isn'tjusta collectionofinformation and skills to be mastered; it's also a windowinto differentfields oflaw, and differentway s ofunderstanding the various parts of the system. Learn from the intelligent people around you—notjustyourinstructors, butyour classmates, visitors to thelaw school,lawyers in the community. Ifateachersayssomething that intriguesyou, or infuriates you, orconfuses you-talktoher,orhim. Whenyougetintoyour secondand third year, be an informed shopper don' tjusttake a coursebecause " everyone takes it or "it meets ata convenient time," or "it's on the bar exam.'' Find courses that make sense for you,thatcan openyouup to new experience or fields ofinterest. It's also not too soon to begin getting somefirst-hand informationabout thework of lawyers. Next month, our alumni will be holding two events that students can attend at minimum charge. Our Graduates oftheLast Decade—the GOLD Group—will hosta tent party before the Homecoming football game, andthe Alumni Association's annual Convocation —ahalf-day seminarona' 'hot field of law ~ will take place on October 30. Meeting ouralumni isagood wayto see themany roles thatlawyers play, and to meet some interesting Dean BarryB. Boyer people, besides. And, finally.don'tforgettosavealittle is the only way to stay productive in the long time for yourself. The surest way to burn out run, and to really enjoy thework. Ihope you doreally enjoy the work,both easily is to do legal work around the clock, ignore family and friends, and treat every in law school andafterward. The faculty and personal relationship like alaw case. It sounds staffoftheLaw School will doeverything we silly, but most of us in the profession have can to help you find the manyrewards thatthe fallen prey to these faults at one time or legalprofession has to offer. another, and every year we see some law students falling into the same trap. A reasonBarry B. Boyer Dean and ProfessorofLaw able balancebetween hardworkand relaxation — SBA President's Message to FirstYears bySaultan Baptiste SBA President On behalf ofthe S.B.A. ExecutiveBoard, I wishto welcome the more than 270 new firstyear students and welcome back our second and thirdyear students. As you may know, the Student Bar association is the governmental branch ofthelaw school community. Our goals are to: 1)Help y oumake it through law school successfully, and 2) To make your stay as enjoyable and aspossible. With a strong, aggressive and unified team, SBA. plans to have a very successful year. Ifyou have any problems (and wemean P'ching any problems), feel free to speak to one ofthe S.B.A. Executive Officers. Weare located in 101 O'BrianHall. We will try ourbest to help you or guide you where you can best receive help. date: Whether one isaIL, 2L or3L,manystudentsask,"What is aClass Director and whatdo they do?" Each law school class elects sixClass Directors who represent the interestsand concerns oftheirfellow classmatesonthe S.B.A. Board. They determine student policies, bow: PabioMarches P evaluate law school club budgets, and advocate for students before thelaw school faculty and administration. Class Directors also network with other U.B. academic divisions to provide forastrongerU.B.studentcommunity. In short,the role o faClass Director is service to the law school. I encourage all students, especially 2L's and 3L's who have gained experience during their years atU.B., to share itin aleadership capacity on the S B. A. Deadline for petitions is Sept. 13,1993at4p.m. There are positions available on the variousS.B.A. committees. S.BA. and faculty committees playand important role inservicing thelaw school communityand informing the Student Bar ofactivities at the law school administrative level. Due to the importanceof these committees, applications for positions will be distributedon September 14,1993and will befollowed byaformal interviewprocess. I encourage you to consider joininganS.B.A. committee. To encourage a stronger sense ofcommunity atU.B.Law, the S.BA., in co-sponsorship with the U.B. Law Alumni Association, and several Buffalo law firms, proudly announce the unveiling of U.B.s first 1L Faceßook. Thebook will contain the photographs ofthe law school faculty, administration, support staff, and the entire first year class. S.B.A. wants to make this an annual publication so that future incoming classes will have the opportunity to know the other members oftiieir class. lam sure that the Alumni Association shares ourappreciation for theeffortsofMs. Illene Fleischman, DirectorofAlumni Affairs,forherdedicatedwork on this project. Another first at U.B. Law is the creation ofa CourseEvaluation Guide forlaw students. Initiated at the end oflast year, the S.B.A. has SBA Message, continued on page 6 SeptemberB,l993 Editor's Tape Held Protected from Discovery byPaulßoalsvig, Co-Editorin Chief Last spring, while most law students were busy studying fortheir final exams or putting thefinishing touches on theirpapers or projects, one particular law student received aratherrude surprise:a subpoena to producea taped interview in court. Dan Harris, currentlythe Opinion's Photo Editor, had last spring taped several interviews with various faculty members whilepreparing material for upcoming articles. Former UB Law Professor Jeffrey Blum caught wind that such a taped interview existed withone oftheassociate deans here atthelaw school, and prompdysubpoenaed the tape as part of discovery in his ongoing lawsuit: Blum v. Schlegel etal. Inarecentruling byMagistrate Judge Carol E. Heckmanofßuffalo,Harris was not compelled toturnover the tape. Even though Harris is a studentand therefore does not qualifyasaprofessionaljournalist,Heckman ruled thathe isentitled to the same qualified immunityofaprofessionaljournalistunder thelaw withinthemeaningofthe U.S.Court ofAppeals for the Second Circuit. Even though Harris is a student journalist,... he is entitled to the same qualified immunity of a professional journalist... —Judge Heckman Analyzingapplicable SecondCircuit precedential court decisions, shefound the disunctionbetweenstudentreporter andprofessional journalist''irrelevant.'' Citing a 1987ruling invon Bulo w by Auersperg v. yon Bulow, Heckman stated that the central issue wasreally whether ornot the information gatheredwas forpublic dissemination. She concluded thatthe Opinion isindeed a ' 'publication which affordsa vehicleofinformation and opinion and therefore satisfies this test ofthe Second Circuit. Furthermore, statedHeckman, Blum was not able to counter the qualified privilege due to his inability to show that the materialon the tape was not available from any other source; in essence because the tape's subject was free to be deposed in person. Blum's current lawsuit alleges that hewas denied tenure unfairly, basedon his controversial views on such things as drug policies. He claimed tiiat the tape in question wouldhelp him prove thatthelawschool denied himtenure inviolation ofthenormal dueprocess afforded otherfaculty members. HIGHLIGHTS fe NationalLawyers Guild, along with othergroups, heldinformational tables last Week. photo. Dan Hams Group Spotlight Alumni Spotlight Editorials and Commentaries Roaming Photographer. GSEU Intervention 3 3 4-5 6 6 �PIEPER BAR REVIEW I SAVE $2001 WHEN YOU REGISTER BEFORE NOVEMBER 15,1993 REGULAR COURSE PRICE=S 1395.00 EARLY REGISTRATION=SH9S.OO / With PIEPER, you pay one price and all is included. No hidden charges!!! No extra fees!!! v COURSE MATERIALS: • New York Law Text • Multistate Text • New York Law Quizbook • Multistate Quizbook • New York Appellate Alert Digest • New York-Multistate Distinctions Book I Multistate Workshop Essay Writing Workshop MPRE Seminar (Free for All) CALL NOW!!!! 1-800-635-6569 ■ J �Alumni Spotlight: Lawrence Lane '88 SBA bySharon Nosenchuck,..NewsEditor KDoyoudreamofbeingasolopractitio- Lawrence Lane is a solo practitioner in byJoeKhanna, Contributing Writer TheSßAhasatremendouseffectonall ofthe student organizations here at the Law Schooland is therefore inthis issue's spotlight The Student Bar Association (SBA), the Law School'sstudentgovemment, isresponsible for allocating the student activity fee to organizations for events and publications, serving as aunitedvoice for studentconcems, and appointing studentrepresentatives to administrative committees. The SBA is headed by an executive committee, which includesthepresident, vice president, treasurer,and secretary. These positions carry a one year term. Officers are elected at the endofthe school yearin a often heated campaign. Atlastyear'selection,threeofthe four positions went to first year students. Paul Beyer.a 1Llastyearwho had beenactive inthe SBA all year as a class director, was elected vicepresident MarkPanepinto, also a 1Lclass directorlastyear.tookthetreasurerspot Shirley Fangmadeherdebutinthe SBA by joiningthe executive committee as secretary. The only 2L to take a spot on the executive committee was Saultan Baptiste, who ran a strong campaignandwonthe presidency. The remainder ofthe SBA governing body ismade upofclass directors(lBofthem, 6 from each class). Class directorsattend SBA weekly meetings and havea full vote onissues openon the floor. In addition, theykeep office hours inthe SBA office(theofficehourrequirementisreasonable). All ofthe class director positions are stillopen for this year. Elections will be held onSept.22and23. Interested students should ofthe SBA pick up a petition office and obtain 30 nominating signatures from law students in youryear. Thecampaign forthese positionsusually involvessubmitting a photograph and statementto theOpinion (this is due Sept. 17 in box 512), as well as distributing flyers and hanging posters (there are somerestrictionsonwhereyoucanhang stuff). People have wonclass director spots without doingallofthese things(peoplehave done all ofthose things and still lost, too). The SBAalso appointsrepresentatives that sit on a large number of committees. These committees usually include faculty members andusually involve issues that concern every aspect of life here at UB Law, includingacademic policy, admissions decisions,concerns ofstudentswithspecialneeds, and ofcourse budget decisions (a fulllist of committees will beposted by the SBA soon). Itisnotnecessary to beon the executive board or to be a class director to sit on one ofthe committees. (Last year, I sat on die Admissions Committeewithout being elected class sdfsdfsdfs director.) In orderto seekappo in tment, youhave to fill out an interest form, on which youindicate those committees thatyou wouldlike to serve on. Thenyouwillbecalledforaninterviewby a panel consisting ofclass directors and the executive board. There are no established criteria for selection (or at least none that I could discern from my interview last year). The questions usually relate to the specific committee, buttheydon'thave to. The panel then makes arecommendation to the SBA at large. (Rumor hasitthat classdirectorsusually get picked over other students, especially for popular committees. Well, first there are just not enough class directors to fill these spots. Additionally, class directors will notalways make the best committee members, you will have an advantage ifyou show aparticularly strong interest in a committee). The committee interest forms will be made available on Sept. 14. Attach your resume tothis form(my advice is to alsoattach a briefletter ofinterest). Even ifyouare not interested in serving as an elected member of the SBA or as an appointed SBArepresentative, thereare good reasonstobeinformedofSßAhappenings.The level of student involvement in the SBA is sporadic and therefore the quality of SBA decisionsand policies are also often sporadic and inconsistent Decisionsaboutyourmoney and in a larger sense about the school from whichyou earn yourlaw degreearebeing made by your fellow students. Thefaculty at theLaw Schoolareattentiveto studentconcems. It is importantthat we express thoseconcernsinasensibleandcoherentfashion. It is clearfrom thepast that once the SBA decides whatposition it wishes to advocate, thatit does so forcefully and effectively Thisrequires at the veryleast that you demandyour SBA elected officialsand class directors to be accountable and attentive to your concerns. The current groupofSBA officers are dedicated, but this does not mean that they know whatyou are thinking orwhatyou want as students (neither does it mean that they agree withthese things). Ifyou don'trun for office, at least vote for your officers. Keep a track ofthem andspeakand writeto themabout your concerns. Also tryto attend SBA meetingswhich are always open to the entire studentbody (or at leastshould be). Students arerecognized by die meeting Chairand can expressconcerns to the SBA. At the veryleast, you can imagine whatgoesonwhenyouassembleagroupoflaw students in an open political forum. It can certainly be entertaining. GROUPSPOTLIGHT will bea series reviewing different student groups each issue. . ktowagawho graduated fromU.B.Law School in 1988. Laneseeshimselfaspracticing'' fanuly-oriented law.'' He definesthat as the law with which a typical extended family is involved, such as divorce, bankruptcy.and custody. Lane did notimmediately embarkupon acareerasasolopractitionerafter graduating from law school. He did stints at several medium-sized law firms andthen spenttwoand-a-half years at Hyatt Legal Services. Yes, that's right—the one that has the commercials on T.V. Lane said that Hyatt wasa wonderful place to work and that it was at Hyatt that he learned how to be a lawyer. There helearned how to deal withclientsand learned the mechanics of lawyering. However,twenty montlisago, Lanedecidedto take the plunge and go out on hisown. Lane liasmuch advice to offerto "green apples" (young lawyers). He stresses on interpersonal skills, asking—"ifyou can'tget alongwithpeople in law school, how canyou expect to get along with lawyers, whoare so much nastier?" However, Lane feels that ninety percent oflawyers arereally wonderful people. Lane disagrees with the stereotype, expressing his opinionthat mostlawyers are '' generous, warm, and will giveyouencouragement. '' Even judgesare' 'very encouraging and tryto help outthe greenapples(young lawyers)," Lane said. Ifyouare looking tomakealotofmoney right after graduation,beinga solo practitioner is not for you. Lane suggests that during firstfive years, a solo practitioner can only ectto break even. Lane believes inbeing an ethicallawyer. He feels that it is unethical to tell somebody thatthey need alawyer when they really do not. He said that' 'you have to live withyourself as alawyer-there are a lot of ways totrickpeopleand foolthem, butpeople know when youare doingthis." People are "going to like a guywhois honest," I Lane declared. "Don't pass up volunteer assignments," Lane recommends to students. Hesaid that "youcannever loseon avolunteercase—youcan learn alotand can beinvolved withinteresting cases." It is "one of the best things'' he everdid, Lane enthused. Lane isenUiraued withhiswork. He enjoys talking to clients. He loves hearing their stories, saying thatthe olderthe client, the morefun they are to talk to." Proud to beamemberoftheErie nty Bar,Lane said thatNew York hasareputation forsmartlawyers and that this county turns out great lawyers. "Other law schools don't have the diversity ofU. 8.," Lane said, adding: U.B. hasa' 'diversity ofpeople-amix ofages and backgrounds." He encourages students to learnfrom each otherantfto listen tothosewithdifleringviewpoints. Heemphasized that students should not only hearwhat others are saying, butlisten carefully as well. Lane's advice to 1 L's is to ' 'get along well withyourclassmates. These people will beyouropponentsafterlawschool." Inaddition, the' 'personyoudisagree with the most, you can learn a lotfrom." He saidthatthe first year oflaw schoolis thehardestbecause' 'you are takingyour chaotic thinking andlearning how to think like a lawyer." He reminds students that the "professors are nottry ing to be cruel, they are trying to teach you something.' ' He consoles thefriends and family of law students by noting that the''ability to be aniceperson islost in law school, but you [law students] learnitagain when yougetoutoflaw school." Lane offers several pieces ofadvice to law students. He suggests that studentslearn to speak out in class and learn how to speak effectively. He recommends that students participate in moot court and trial technique and notwony aboutthepossibility oflosing,for the important thing is to practice at every single opportunity. Heencourages studentsto learn their opponents' arguments as well because they can be used it to argue against the opponent Lane stresses the importance ofethics. He advises being ethical and honest, "for a reputation forhonesty will take youtwiceas far as lying." "Ifyou are ethical, everybody knows,'' Lane feels. Finally, Lane emphasizes the importanceofinterpersonal skills. Headvises being friendly and treating peoplenicely. However, he warns "don't be walked on~don't be a welcome mat" Lane's final advice to incipientlawyers that' 'you have to believe in what you are is doing. Ifnot,getout Don'tdo itjustfor the money. Ifyou love it,themoney will follow." Heconcludedby saying, "thisis whatl doand I love whatl'm doing." ' t LawrenceLane, UBLaw Alumnus Classof'BB UB Committee Revises Funding System Student groupsthat want funding from the Law School's Budgetand Program ReviewCommittee should make theirbudget requests at diebeginning ofeach semester, according toa memorandum from thedean's office. Since mostoftheavailable funds will beal lotted during diesetimes, student organizations should have theirbudgets planned out and justifiedwhen theseallocationsare made, die memo stated. The committee said it expects that most of dieallocations will be made at the start of the fall semester and that these grants will cover the fullacademic year. An organization's budget justifica- tion should includea summary ofhowfunds grantedwere used in pastyears, ifdie group previouslyreceived funds fromthe committee. Newlyelectedofficersshouldmakesure they getthenecessary information from their predecessors in order to submita complete application at the start ofthe fall semester. Thecommittee asks thatas each group selects its new officers, itshouldappointone or two people to be responsible for budget matters and should notify Assistant Dean Marlene Cook as to whothese contactpeople willbe. Thesepeoplewillberesponsiblefor completing thenecessary paperwoik involved in thedisbursementofLaw Schoolfunds. September 8,1993 The Opinion 3 �repiMONJiß* September 8,1993 Volume 34, No. 1 Editors-in-Chief: Managing Editor: Business Manager: NewsEditor: Paul H. Roalsvig & Tracy Dale Sammarco Kevin P. Collins Vacant SharonNosenchuck MariaT. Buchanan Features Editor: Layout Editor: Vacant Photography Editor: DanHarris Art Director: KathyKorbuly Contributors: Evan Baranoff,Saultan H. Baptiste, JoeKhanna EDITORIAL Attrition From Humanity? Eere is it written that law id politics go hand in hand? we ought to take a step back and consider the criticisms levied at the legal profession. Thelaw student is in the best position to look at the legal education with a critical eye and to discernthenexus at which she shedsthe student' s skin and becomes the' 'babylitigator, the politician. thelaw studentarrives iw school, she is often untainted bytheprocess. Making "friends" in the human, social context is much like it has always been as the individual was growing up. One meets people, goes to parties, andtries to link up with other individuals who share common interests, legal and nonlegal in nature. Something happens, though, which draws one out ofthe social context and into the more sterile world ofthe profession. hasn't noticed the rather sudden change which all too frethe law studentand forces upon herthe metamorphosis ofthe grabs ently newly emerging professional and politician? It's the formation ofthe political creature, the being who cannot exist but for the system. How many of ones friends have faded away? The threat of attrition is not away from legal study; it's away from humanity. Therather scathingmanner in whicl\studentelections takeplace and the hierarchical structure of student governingbodies are evidence of this emerging sense of political and professional power. A demeanor which bespeaks superiority is, not ironically, an accusation often flung in the general direction of thelaw student. It's insidious, thisprocess of losing the self to something bigger and much less real. Here's onefor the resume, there's one to get in good with Justice this and Attorney that. How many law students are wearing multiple hats for multiple groups for anything but the right reasons? Advised to eat, breath and sleep the law, one finds the reality ofthe self, which may have taken 23 or 58 years to form, slowlyslip away. Values and priorities take back seat and the bottom line looms in the distance. It makes a person question her choices. real goal shouldbe to emerge whole from this process, not to reate yourself. Theproductof all that campaigning mightbe a less human individual. Whoare you when yourthree-piecesuitis offatthecleanersand your briefcase has been crushed underneath the train? KWhen Opinion Mailbox UB Law on the right track 1-1. 1 I. If HI I * Jf The lawschool for its hiring faculty should be congratulated ofarecent graduate, Entity Sanderson, to investigateresearch and la_ Copyright 1993. The Opinion. SBA. Any reproduction ofmaterialsherein is strictly prohibited withouttheexpressconsentoftheEditors. TheOpinion ispublishedevery two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState University ofNew York at Buffalo School ofLaw. The views expressed in thispaperare not necessarily those oftheEditors or StafFofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo.NY. Editorialpolicy ofTheOpinion is determinedby the Editors. The Opinion isfunded by theSBAfrom StudentLaw Fees. The Opinion welcomes lettersto theeditorbut reserves theright to editfor length and libelouscontent. Letterslonger thanthree typed doublespaced pages willbe editedfor length. Please do not put anything you wish printed under our office door. Submissions can be sent viaCampus or UnitedStates Mail to TheOpinion.SUNY AB Amherst Campus, 724 JohnLord O'BrianHall.BufTalo.NewYork 14260 (716)645-2147 orplaced in lawschoolmailboxes 761 0r512. Deadlines forthe semesterare theFriday beforepublication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion SeptemberB,l993 «_ V_L* writing programs at otherlaw schools and makerecommendations to improveourown program. This effort shouldbe anintegral part ofthe transformation process through whichthe law school is passing and may be an important element in improving UB Law's futureranking. Current third year studentsremember a time when the first yearresearch and writing curriculum wasinadequate and inneed o fan overhaul. Inresponse to this problem, the program has improved gradually overthe past twoyears. However, moreneeds to be doneas one ofthe most common complaints among lL'slastyear was theirdismay overthelack ofemphasis-on research andwriting skills. Emdy'shiring presents an idealarena in whichto make suggestions and take concrete steps towardreform. I hope matthestudent bodywill supportand participate in tiieir laudable effort. Sincerely, Paul A. Beyer SBA Vice President Better Late Than Never, Right? O .. Eds RWho tThe 1_ TheOpinion FALL 1993 PUBLICATION SCHEDULE VOLUME N0.34 ISSUE: SUBMISSION DEADLINE: ISSUE OUT: NO. I SEPT 3 SEPT, 8 NO. 2 SEPT 17 SEPT 21 NO. 3 OCT I NO. 4 OCT 15 OCT 19 NO. 5 OCT. 29 NOV. 2 NO. 6 NOV. 12 NOV. 16 NO. 7 DEC. 3 DEC. 7 OCT 5 Note: Based oh Friday-deadline.Tuesday publication schedule. Deadlines are firm and late submissions are subject to the publishing discretion ofthe editorial board ofthe Opinion. �"YouWouldn't Understand" Introspection Features Editor By MariaT. Buchanan byDanHarris.iPhotoEditor Thispastsummer,thousandsofAmericans flocked to their local movie theater to watch THE FIRM,based on John Grisham's bestsellernovel. For thoseofyou whohave not read the bookor seenthe film, THE FIRM tells the story ofone innocent maleHarvard graduate Mitchell Y. McDeere, whoprobably had lawreviewand mootcourtexperience, as well as a barrel ofH's. Mitch has everything an interviewer desires strong academics, ambition andan excellent physique. Asamatteroffact,Mitch is soperfect forthejobopportunityatBendini, Lambert & Locke of Memphis, thathe is the only candidate the firm bothers to interview. Ofcourse Mitch has afew other offers in the hopper, (as doallthethirdyearsatU.B.),buthe makes the difficult decision of accepting Bendini's $80,000 starting offer. In addition, the firm helps him buy a house, settles his student loans and throws in a BMW. Try getting the same package at your next job - — interview. But justwhen it appearsthatMitch' slife is goingto beperfect, therug is yanked out from under his feet. Thepoorboydiscoversthathis firmisn'texacdyup for any ethics award and so, the plot thickens. THE FIRM, isexacdy thekind ofpublicity thatlawyers don'tneed. Asweallknow, the general public has never held lawyers in high esteem. Many people agree withthe line fromShakespeare'sHenry VI,Part 2, "...let's kill all thelawyers." I'm sureTHE FIRM gave many people the impressionthatlawyers are so sleazy, thatthey would do anything, even kill for agood buck. Although sucha generalizationwould seem tobe unfair, itmaynotbe too far from the truth. As law students, we are told that we must begin to develop a sense ofprofessional responsibUiry. Yet,wemustconsiderwhether our future colleagues, those now in practice, canofferustheproperguidance. Tothelawyer andnon-lawyeralike, it should seemappalling that Chief Judge Judith Kaye was forced to declarethat as ofNovember 1, itis officially against the rules for divorce lawyers (those poor "ArnieBecker's") inNew York stateto have sex with their clients or to screw their clientsfinanciallyby foreclosing on theirhouses torecover legal fees. Offered as an illustration for the necessity of the rule, is the example of one pig (chauvinist, orother) whorefused toreturn any portionofasl 5,000retainer uponthereconciliation ofthe couple, despitethe fact thathe had worked less dianfive hours onthe file. According toChief Judge Kaye, a new committee will study similarreforms for the restofthebar. Asfuture lawyers, we shouldnot protest the development ofsuch newrules of conduct. Rather, we should help see to itthat thetrash isremoved from ourprofession, so that personally we can be proud to say that weare lawyers. GUIDE TO LAW SCHOOL CIRSSMATES ve%/elLiX'Ef\Q>eK VOLUNTEER "" ASENPft-PUSHER THE COMPULSIVE "" THE UN/PERUr4Eg, „ ■ THE MME-DROPpEg. Hostile FEMAtE THE HosTU-EMfILE TH£ KNOW- (T- ALL , fjf . SWEETHEARTS 0 6lTTEf\ eNRfIIU&E gxPERiEtiCB SHARBR j Opinion Recruitment Party Free beer and pizza! Wed.,Sept.ls . place & timerTßA the official Non-stopsoliciting! d the r I REPRESENTATIVE^ THE IMSEPERABLE BROWN [THE OUTLINE THIEF ! THfc &a* review AiOSEg ~„.«, CrigQrJlC COMPIfIiNEg THE PERPETUAL STUPED THE XEROX MACHINE HQGr HEM I the articles, photos, art and layout skills.) Come an meet glamorous staffof student publication ofUB Law School. L————————————————————— r ——————————————————— — "YouWouldn'tUnderstand" Last summer I saw a black person wearing a T-shirt. The T-shirt's slogan read, "Martin, Malcolm, Mandela, and Me. It's a Black Thing. You Wouldn't Understand." I strongly object to the wholeattitudeof"YouWouldn'tUnderstand." Unfortunately, thatattitude is common among allwhofeel victimized or deprived. It'snot "ablack thing." I've heard that attitude fromformerRussian Refuseniks, Palestinians, Israelis, black people, rape victims, the children ofimmigrants, deprived children,and almost anyone else whocan find a way to individualize himself. All ofthe above people have some things in common: they want you to feel sympathy forthem. Theywantyoutoside withthem. However, theyrefuse to explain why. They refuse to tell you the basis of theirpain. When I spent ayear in Europe, Imet manyIsraelis. Most hated Arabs—all Arabs. That includesthe Egyptians. They wantedme to share theirattitude. Ibegged them to educate me. Their response was always," You wouldn'tunderstand." One dayI exploded atone ofthem. I toldhim that there was no way Icould ever understand when no one would explain. Sothenhetold me about the fear hefelt. He told me how frightening it was working in Palestinian camps in Israel, knowing thatthe Palestinianswouldkillhim ifthey hadthechance. He toldme how muchhe feared theEgyptians. He said thatalthough Egypt claims to be Israel's ally, the Egyptians hate the Jews. Hence, he evenfeared the so-called allies. Once he explained it to me, I began to understand thereason for hisattitude. During that school year, I became president ofthe Jewish Society atthe university Atthe timethere wasa great deal of friction between the Jewish and Arab students. Gambling myposition, I invited the president ofthe Palestinian Society, and his sister, to be guest speakers. There was a lotof dissent among my members about the invitation. Despite the dissent, whentheevent finally happened, Jewsand interested gentilescame to hear. Aftera4s minute presentation by my guests, they became less formal For hours there was a mutual discussion. Jews, Palestinians, and Gentiles came out ofthe meeting having learned more about both sides than they ever imagined possible. Hopefully, they came out understanding a little bit more than they bad before the meeting. My friend told me about a film he saw in class that bothered him alot. The film played a real tape of a 911 call. My friend could hear the woman calling for help, and her attacker breaking downher door. Finally the phone line went dead, as the woman's attacker caught her. My friend's imagination didthe rest. My friend found the film very disturbing. He was upset that the teacher could show such a' 'terrible film.'' When I heardthe story, I thoughtthe teacherwas worthy ofpraise. For a few minutes the class got the beginning ofan idea ofthe terror arape victim feels. Notthatanyone whohasn'tbeen avictim can truly * 'understand." However, that littlebit ofunderstanding hegained from watching the film enabled him to gain sympathy for such victims. When I was in elementary school I sawawonderful film about an elementary class. In the film, the teacher told the students thatshe onlyliked blue-eyedchildren. Shedeclaredthatblue-eyedchildren werespeciaLandbrowneyedchildrenwere inferior. Throughout the day shefavored Understand, Continued on page 7 I J September 8,1993 The Opinion 5 �The Roaming Photographer By Dan Harris, Photo Editor ThisWeek's Question: "What are your feelings about law school so far ?" Ben Dwyer, IL Bridget Cawley, IL Rob Smith, IL Harvey Siegel, IL "I'm fascinated by thesubstance. Iwish 1 had more time - likea2B hour day oran eight dayweek." "So far ithasn't been so bad. It's basically conflicting emotions of fear, excitement, happiness, exhaustion, disbelief and especially frustration." "I wasnervous before I startedbecause I didn'tknow what to expect, but, once I got used to it and got into a pattern, it wasn't that "It's great! I love it! But when do the cases stop spinning through your head like a hamster on a wheel?" bad" GSEU Saves Law Students' Jobs and Pay byKevin P. Collins, ManagingEditor During this pastsummer, the Graduate Student Employees Union intervention prevented thelossoflaw student employees funding and pay at thelaw school. According tothe Graduate StudentEmployees Union(GSEU),thelawschool triedto convert stipend Graduate Assistant (GA) lines that currendy average $6,600ayear tohourly positions thatwouldpay $6 an hour. However, the job descriptions for these GA positions would staythe same (i.e. qualificationsfor the positions and theamount ofworkwouldremain the same). Thiswould have effectively cut the affected graduate students' pay in half. The GSEU saw thisas an improper employment practice. Through the GSEU's efforts, the funding for thelaw school GA positions was restored, and thelaw studentemployees' positions and pay remained the same. All ofthe positions at thelaw school have beenrestored to regular GA lines, at theusual ($6,600) rate ofpay. WHAT HAPPENED, AND THE UNION IS ACTIVE EVEN BEFORE IT GETSA CONTRACT According to Dean Barry Boyer, this situationbeganinDecemberoflastyear. The law school, upon looking over its financial numbers, realized that it had a deficitclose to six figures. It decided to take action to trimthis deficit down. Very early in the Spring '93 semester, lastsemester, two goals were setby the law schooladminis(ration: to pin downbad situationsand to contain costs. Dean Boyer explained thatGAs provide administrative services that do not include teaching. I leseesthisaspossibly an excessive way to provideaservice thatisdouble ortriple the costofresearch assistantships. Thus, the negotiationswiththeunionareunderway. The law school went ahead and reduced the GA Dean statedthat presently, underthe directive positions from assistantships to hourly sala- ofÜB's negotiator,Mr. Mike Landi, thatthe lawschool will maintain the status quo untila ried employees. When theGSEUheardofthis, they ktit collective bargaining agreement is reached beknown toDean Boyer thatthey considered between theGSEUand SUNY. However, DeanBoy ernoted that dielaw this to bean improper practice under the New YorkStateFair Employment Law(the' 'Tayschoolis still twenty tothirty thousand dollars lorLaw," which coverspublic employment in short. The law school GAs, the dean added, New York State). The GSEUPresident, Ms. receive atuition waiverand a $6,000 stipend Anna Geronimo, thenmet with Dean Boyer. for the academic year, all of which vests up According toMs. Geronimo,theDeanwas very front and is roughly equivalent to a $ 11,000 concerned to dotheright thing, butfelthe was payment for the school year. The dean is constrained by budgetary requirements. Ms. concerned ifthis is the most effective use of Geronimo believed thelaw school went ahead money. He wondered if the effect of this and decided unilaterally to switchthe GAs to situationmay wellleadto fewerbutbetterpaid hourly salaried employees and cut their pay. assistantships. Dean Boyer believes hourly Thelawschoolhowever.Ms.Geronimoofthe salaried employeesallows formore flexibility GSEUpointsout,had notaskedtheProvostof and is necessary to attract the better students the Universityat Buffalo, State University of to attend ÜB. New York (SUNY) formore funding. Inaddition, Ms. Geronimo stated that there was a THEGSEUPICKETSUBTODAY problem withthe Taylor Law- thelaw school had committedanimproper practiceunder the The GSEU is the Graduate Student Taylor Law in so far as it had immediately Employees Union, Communication Workers attempted to cut employee costs after the ofAmerica,Local 1188,AFL-CIO and repreunionhad won itselection in December 1992 sents more than 4,000 GAs and TAs in the to represent the more than 4,000 graduate SUNY system across New York State. The employees oftheSUNY system and the law GSEU won a certification election last Deschool had unilaterally changed the terms of cember, after 11 yearsoflitigationwithSUNY just to win the right to have an election in the employment during presently ongoing contract negotiations inAlbany. Faced with the first place. The GSEU believes SUNY is possibility ofthis legalcharge, the law school stalling on currentiy undergoing contractnegorequested the additional funding from the tiations and may even beattempting to tie up Provost's office and received it in time to the talks for longer than a year, afterwhich a restore the positions andpay. decertification election could bebroughtand A communication lapse also factored theGSEU could loseitsrepresentation status. into the problem. According to Dean Boyer, To that end, and to discuss the specific issues there should have been a general directive sent ofliealthcare andpay, theGSEUis conducting out from the SUNY Administration to all the an informational picket today, Wednesday, schools to the cffee t that there should notbe a Sept. 7, from noon until 1 p.m. between the change in the employ ment relationship while Student Union building and the Commons. SBA Message, Continuedfrompage 1 commiued many hours to developing a help ful tool to assist law studentswiththe selection of elective courses. The Guide, which will encompass first year courses, also provides an indicator for 1 L'spriorto theirfirst dayofclass and may help in relic v ing tensions associated with entering thelaw schoolenvironment. In response to complaints by law students who could notobtain acarrel in thelaw library due to undergraduateusageand noise, the S.B.A. has negotiated with the library to have locks placed on the carrels so that law students will have priori ty usageof thecarre Is. 6 The Opinion April 22,19 Theprocedure ofkey distributionis still in the works, but we expectthe locks to be installed before final exams. The S.B A. congratulatesourAdministrative Assistant, RikaSabinsky, on the birth ofa healthy baby girl, Ashley, on Monday, Aug. 30. We wish bothher and the baby the best ofhealth and welook forward to seeing Rikasoon. S.B.A. wishes to thank B.L.S.A. and everyone who helped out with the Back to School Picnic on Aug. 28. It was a success thanks to yourefforts. Got a creative urge? Satisfy it. Come write forthe Opinion Desmond Moot Court to be held * byMiachael Yehl, MootCourtPublicity Director The SUNYatßuffalo SchoolofLaw Moot CourtBoard isin theprocess ofmak- ingfinal preparations foritsannual Charles S. Desmond MemorialMoot Court Competition. The ExecutiveBoard, consisting of Joel Sunshine,Director; Michael Hueston, Assistant Director; Marianne Mariano, Secretary; Kevin Ross, Treasurer; Helen Pundurs, NationalCompetitionsDirector; Brian Mercer, Systems Director; and Michael Yehl, Publicity Directorhave prepared the schedule for this annual event open to all secondandthird year students. The competition willrequire all interestedsecondand thirdyear students, in teams oftwo, to writeanappellate briefon an assigned topic and participatre in three oral argumentround. Interestedcompetitorsmust submittheirbriefsbyFriday, Oct 10. Preliminary oral argumentrounds will then be held on Tuesday,October 19 through Thursday, Oct. 22 and the semi-finaland final rounds on Saturday, Oct. 23. The Board willthen inviteanumberofcompetitors to join theBoard based ontheirperformance in competition. While firstyear students are noteligible to compete in theDesmond Competition, they are invited and encouraged to be clerks forthe oral argumnent rounds. This is an excellent opportunity for students interested incompeting as secondyears to learn aboutthe competition firsthand. Informationabout howto signup to clerk will be provided at a later time. The Moot Court Board plans to be extremelyactive insending its members to national competitions, including its own Albert R. Mugel National Tax Competition, which willbe held inthe spring semester at the law school. Membership on the Moot Court Board is a requirement for participation in a national competition. Therefore, ifyou would like to have the opportunity to test your oral and written advocay skillsbeforeyour peersand possibly law students from around the nation, then membership on the Board is for you. Ifyou have any questionsregarding the competition or membership on the Board, contact any member ofthe Moot Court Board or stop by theoffice located in Rooml2ofO'Brianllall. �The Docket ANNOUNCEMENTS Yalem Memorial Run Understand, Continuedfrompage 5 Have aVoice in Student Governement Concerned members ofthe University community areagain sponsoring the5K " Linda Become an S.B.A. Class director YalemMemorial Run." The event is sched- uled for Sunday, Oct. 3 at 10a.m. Student Association isa major sponsor ofthis year's event. We would like to encourage you,your friends, andyour colleagues, to participate in thisevent Race,run,jog,orwalkwithusaswe remember a former student, promote safety awareness, and support rape prevention programsand theUB Yalem scholarship fund. Prizes this year will include awards for top student finishers and araffle for Bills vs. Giantstickets (gamethat evening) and aroundtripticket for two to NYC for the Marathon. For more information oradditional applications, pleasecall 645-3141. Petitions Now Available Outside ofthe S.B.A. Office Room 101 O'Brian Hall ImportantDates: September 14,1993 Mandatory Meeting for all Candidates Candidates Forum September 21 Room 109,3:15 pm Class Director Elections Immigration Law Any law student who is interested in working onimmigration lawproblems involvingfarmmigrantwoikers withthe UnitedFarm Workers (UFW) contactKevin Collins, (716) 838-0654, Law School Mailbox # 630. Mr. ArturoRodriguez,whois now the presidentof dieUFWafleritsfounder and former president CaesarChavezr'ecenlly passedaway, has spoken with me and is interested in setting up a programwherebyUBlaw students wouldwork/ intern in the summers withthe UFW in California" of elsewhere throughoutthecountry and take part in the UFW' sprogram whichtrains future lawyers in immigration and migrant farm workers' issues. This is still in the early planning stage and a program may be set up directlybetween usas students orthrough the law schooladministration. September 13,1993 Petitions Due - September 22 23 9:00-4:00 pm outside law library American Bar Association Faculty Student Relations Board Committee on Child Care Social Committee Research & Writing Committee Become A Member ofan S.B.A/Faculty Committee Committees include, but are not limited to: Academic Policy and Programs Committee Academic Standards and Standing Committee Admissions Committee Special Programs Committee Law Library Committee Student Health Advisory Committee blue-eyed children and discriminated against brown-eyed children, making them second-class citizens. The next day she reversed it. This taught the class ofwhite children what it waslike to face discrimination. The teacherdecided thatthe children were capableofunderstanding. I agree thatno onecan completely understand what it's like to be in another person'ssituation. Similarly, peoplewho feel they've undergone similar types of trauma ornegative experiences haveunique perspectives from each other. We must all share our experiences with each other, regardless ofwhetherthe person is inour group,orfromagroup so differenttiiat s/he may as well be from another planet It's easy to dismiss someone withthe word's "Youwouldn'tundeMtand." It also accomplishes nothing. It's not so easy to teach someone, to make her/him understand. Though ittakes time, it's what we must do to understand each other. I hope that everyone whoreads this article understands it I fanyone doesn't I'd be glad to take the time to explain it For more information Conatct the S.B.A. Applicationsavailable September 14,1993 at the S.B.A. Office (Interviews are required) WHAT: International Law Society General Meeting WHEN:Wednesday, Sept. 8; 4 p.m. WHERE: I st Floor Lounge THE LOWDOWN: All welcome! THE PASSWORD: WHAT: Buffalo Environmental Law Journal Meeting WHEN: Wednesday, Sept. 8; 4 p.m. WHERE: O'Brian, Room 109 THE LOWDOWN: Free Beer, all welcome! WHAT: Animal Rights Meeting (SOLAR) WHEN: Wednesday, Sept 8; 3:30p.m. 1500 Broadway New York, NY 10036 (212)719-0200 (800)4-2-8899 (201) 623-3363 (203) 724-3910 FAX: (212) 719-1421 20 Park Plaza, Suite 931 Boston, MA 02116 (6l") 695-9955 (800) 866-"2" FAX: (617) 695-9386 WHERE: I stFloor Lounge THE LOWDOWN: Come one, come all! WHAT: UB Law Softball THE LOWDOWN: All interested please submit name, phone, box# to Mailbox #150. April 22,1993 The Opinion 7 �1 WE'RE NOT THE BEST I BECAUSE WE'RE THE WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW k © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3f4dff13f3ac685cd4f58cd12229de4f.pdf be255d641aaface2ced24efa360ebbb6 PDF Text Text THE OPINION Volume 33, No. 16 April 22,1993 STATE UNIVERSITY OF NEWYORK AT BUFFALO SCHOOL OF LAW Grading Game: The Saga Continues byPaul Roalsvig, Co-Editor in Chief In a memorandum written to their fellow APPC (Academic Planning and ProgramnungCommittee) membersdatedMarch 23,1993, Errol Meidingerand David Engel conceded that "it is unusual to introduce a [grade] changeof tluskind in themiddleof the year". The memorandum also continued that: "Transcripts would be difficult to decipher and would require elaborate explanation in order to differentiate grades received in the Fall from those received in the Spring". Finally, the memorandum statedthe following: "...moreover, there isno strong reason to implement the [new] system immediately." But the memorandum seemed to have fallen upon deaf ears. In ameeting of Faculty and SBArepresentatives on April 16,theAPPC made a motion that the new grading scheme should not go into effect untiltheFall of 1993 - primarily because the feedback factor built into the new grading system would havebeen totally loston (lie outgoing third-year students. The motiontookthe grad ing issue o ffthetable and once again opened the subject up fordiscussion and a vote. SB A President-elect Saultan Baptiste, SBA Vice-President-elect Paul Beyer, Treasurer-elect Marc Panepinto and Secretary Shirley Fang presented their plan to the Faculty and stressed the merits oftheirproposal to "grandfather" the current second and firstyear students. This proposal wouldkeep the current H,Q (with orwithout the *), Dand F system for all current students, and only begin the new system withthe incoming class of 1996andall subsequent classes. The SBA's proposal included the compromise measure ofallowing postedgrddes(tobeputiipon the third lloornear A&R) to have the Q+ and Q- forthe purposes ofmuch-neededfeedback.ButtheSßAstressed over and overagain tliatthere would be no way for students to accurately and fairly explain theirperformanceas documented on their transcripts to prospective employers when, forone part of their academic career, they have re- ceivedQ'sandQ*'s,andforanother,Q-'s,Q's students would simply continuecomplaining until they had.President-elect Baptiste countered by telling the faculty that SBA was not onlythinking ofthe current classes ofstudents, butalso offuture classes. Professorßergerfelt thatamid-yearor mid-semestergrade systemchangewouldhave no effect on howpn >spective employers viewed UB Law school students. Professor Schlegel argued against the grandfathering proposal, stating thatthe provision would only encourage those students, whoreceived Q'son their transcript, but whoactually received Q+'s in the course,to seek letters ofexplanation from theirprofessors. SBA suggested that A&R implement the distinction between the classes in the grandfatheringprocess, thustaking theonusoff the shoulders ofthe professors. Finally, Baptisteargued that the lasttime agradingchange and Q+'s. According to Baptiste, the crux ofthe hadbeen implemented (the enactment ofthe SBA's argument wasthat "transcript consis- H,Q,D,F system), the system had been tency must prevail". ' 'grand fathered-in'', and argued that the stuThe Faculty reacted to theSBA's pro- dents simply wanted to be treated today as they posal in a variety ofways. Professor Finley felt the students acted inunaturely, that they Grading, continudonpage 10 ", eat it too andfelt the theircake and 'wanted ' ... Antonin Scalia Comes to Buffalo,but not UB Law by Paulßoalsvig, Co-editor in chief Supreme Court Justice Antonin Scalia made ashort stop in Buffalo onMonday, April sth, just long enough to give a talk at the Student Center Auditorium at Canisius College. Although open to the generalpublic and freeof charge, themysteriouslackofpublicity surrounding the affair combined with thefact that the students here at IJB Law were just beginning spring break led to the inevitable result (hat very few UB law students had the forming their own. The Germanand Italian Constitutions are fairly recent documents, he noted, compared to our Constitution, which existeda full 100years before theirscameinto existence. The creation ofthe Constitution held a special place in Scalia's heart. The Constitutional Convention, he emphasized, consisted of four months ofmeetings attended by the most remarkable men ofthe tune. They were the cream ofthesociety. Neveragain wouldall the notable men ofa society come together in proving to be useless was "Bicameralism or Fight!"ratherlliaii"freedom oftliepress!" he said. Scalia then began criticizing what he called a recent "trend" by special interest commonpurpose theway that themembers of the Bill of Rights. The Bill of Rights was, , according to Scalia, an' 'afterthought ' ofthe constitutionalframcrsandarather inconspicu- groups to findnew interpretations inthe original minutes o fthe Constitutional Convention to bolster whateverdemands that they think the Constitution supports.'' A SupremeC< >urt",he stated,' 'committed to safeguarding thedocument, cannot solely uphold it against apeople ous addition to the whole thing. Wasn't it that does not understand it adding sarcasti- peculiar then, that the Bill of Rights has received so much attention, and is also considered its most celebrated item? Scalia thought it odd. cally thatthe attitudeofmany special interest groups can be translated to:" We-tlie majority- theConstitutional Convention did. He thenmoved on to a discussion on The problems withmany ofthemodem constitutions supposedly modeledafterour own, hesurmised, was that they focused fortoo Scalia addresses crowd'at Canisius Photo: Paul H. Roalsvig opp< >rt unity to hear him speak. Therather small auditorium was filled to capacity, and some people were evenconlent to stand against the walls ofthe room the entire time that Scalia was speaking. The majority of the lecture was devoted to his personal analysis regarding the historical development of the Constitution, and thesignificanceofourConstitution inlight ofworldaffairs and current American politics. Justice Scalia compared the Italian Constitution to the original American document that the Italians used as a model for the "Court cannot save society from itself.'' -Antonin Scalia want our new constitution and we want it now"! He lamented the fact that society has misperceptions about the typesofliberties that are enumerated in the Constitution, and concluded his lecture withthe observation that in the long run, the "Court caiuiot save society from itself." BLUE BIRD DRIVERS IN CONTRACT NEGOTIATIONS byKevin P. Collins,>, ManagingEditor Will law studentsbeable to take theBlueBird bus from South Campus to thelaw school duringfinals? The answer is more thanlikely tobe yes, ifthe Amalgamated Transit Union (ATU) and Blue Bird (3oach Lines continue contract negotiations. The Blueßirdbusdrivers belong to the ATU. The contractbetween the company and thebus driversunion ended inJanuary.andlhedrivershavebeenworking with no contract since. Blue Birdhasproposed two separate contracts. The bus drivers and their unionrejected both, mainly forthe followa 14-hour cap on pay for one ing day; a 25 percent decrease in wages, and the cancellation ofthe drivers' pensions. Moreover, Easter andLabor Day, which are paid holidays, were excluded in the contractsoffered. In a telephone interview with John Bialecki, the Vice President ofthe ATU, Mr. Bialecki stated that there is a very strong likelihood lliat there will be no disruption in services. Mr. Bialecki asserted that theATUand BlueBird are still trying to worksometliing out Allhopethat there will not bea strike, and Mr. Bialecki assured that astrike wasnot imminent. In addition, Mr. Bialecki said that he had beenspeaking to Mr. Magnanom ofBlue Bird, that theunion is willing to continue negotiations with management, and that an agreement maybereached soon. In atelephoneconversationwith Mr. Louis Magnanom, the President and ChiefExecutiveOfficerofßlueßird,Mr. Magnanom stated that any story that the bus drivers would go out on strike was unfounded,and probably due to individual bus driver'sopinionsand rumors. Heasserted thatlaw students need not fear that thebus service wouldbe disrupted during finals because it was unlikely that there would be a strike in the next tliree weeks. Furthermore, when asked what would be done in the case of a strike during law school finals, Mr. Magnanom stated that the service would continue, as it always has in the past, with management personnel doing the driving. In response to the possibilityoflhecompanyhiringreplacement workers during the strike, Mr. Magnanom responded stronglyby stating thatwords should notbe put into hismouth and that there would be no replacement reasons: muchona bill ofindividual rights (to the point ofprotectingpractically every individualright) and not enough on (hose more mundane paraIn the question-and-answerperiod that, graphs which would help keep powers sepafollowed, one 1IB student asked Scalia ifhe rate, keep the powers ofthe various divisionof didn't think that part ofthe reason that our workers. government in check, and hinderthose ambiConstitution had enjoyed such longevity was Blue Bird, continudonpage 10 tious persons who would rise to power and due to the way it had dealtwithpopularissues attempt to usurppower from the existing conScalia, continudonpage 6 stitutional political structures. A bill of rights is only useful, said Scalia, ifthereare otherproper constitutional structures and safeguards in place. Weshould try to think (and the same goesfor any nation putting together a constitution) ofourBill of 3 Group Spotlight Rights as "(lie fruit, not the roots, ofourconstiEditorials and Commentaries 4-5 tutional tree". Without the proper structures and safeguards, a constitution consisting of 6 Roaming Photographer. individual rights will not endure. What people Alumni Spotlight 6 should havebeen yelling in the formerSoviet HIGHLIGHTS ~ Union as their "Modern Constitution" was Labor Conference 7 �ALL 7st and 2nd year students CHECK IT 0UT...1f you are taking the New York Bar Exam, NO other course compares!!!!!!! GIVE US A CALL 1-800-635-6569 ■ t.;| WC* J -/;■/.•;/. • ._ .. iv.-.-.v.v-wv. ■--.-.-.-.-.-. - ■•... .■-■.--■.---•-.-- �THE CHANGING OFTHE GUARD The Buffalo Journal ofPublic Interest Law bySharon Nosenchuck,. News Editor lion. The next issue ofBJPIL will include The Buffalo Journal ofPublic Interest articles on the topic of "Changing Course: Law is the second-oldest student-edited law Public Interest and Public Policy in the New Administration." These articles will, give review at the Law School. In the strong tradition ofpublic interestlaw at ÜB, TheBuffalo advice to the Clinton Administration in areas Journal ofPublic Interest Law (BJPIL) is a such as education, the environment, health student-run, student- fiinded annual law journal care, government reform, human rights, and children's issues. dedicated to publishing articles on law, sociBJPIL recently obtained acomputer policy. and public ety, and will give seminars on cite-checking. In The Buffalo Journal ofPublic Interest Law was formerly called In the Public addition, BJPILhas arranged foralaw librarian Interest (ITPI). The journal is now no longer to give library research, cite-checking, and associated with the Centerfor Public Interest Westlaw tutorials. Check withtheBJPILstaff , byKevin P. Collins, ManagingEditor The Opinion has a new editorialboard. Big deal. The end. Just Kidding. The elections for the editorial board were recently held. The first position up was Editor-in-Chief. Tension filled theair (or at least something did). The first vote ended ina tie between Tracy Sammarco and Paul Roalsvig. The situation was nerve-racking. It wasaplay-offatmosphere. Oneinterestedonlookerranscreaniingfrom The Opinion office, unable to contain himself. The second vote was taken. But, wait! While the votes were being counted, Tracy and Paul went out into the hall. When they returned, they decided thatfor thefirsttime in thepaper's 44 year history thatthere would be a co-editorship. Yes, that'sright, history was made in that moment, onewe will not soon forget. Theremaining editorialboard positions went fast (butnot neccessarily to anyone). Sharon Nosenchuck is thenew News Editor. Kathy Korbuly isthe new Art Director. The rest ofthe editorialboard positions were left blank, basically because no oneapplied for them. Then, justlast nightas this story was being written(in liaste), Dan Harris became the newPhoto Editor and MariaBuchanan (no relation to Pat) became the new Features Editor. TliepositonsofßusinessManagerandLayoutEditorarevacant(forthoseofyou dying to get involved in the law school). The new Managing Editor isKevin Collins, who was unavailable for comment. Available for comment, though, wasvenerable law student Joe Antonecchia, who, uponreflection ofthewhole thing, was thought to be heard to utter,' 'This whole tiling is surreal,man!" GROUP SPOTLIGHT will be a series featuring a differentstudent group each issue. Law. ITPIwasfounded in 1980by two UBlaw Students as an alternative to The BuffaloLaw Review. These studentswere distressed about the lack ofstudent articles in the school's law review and especially concerned about the paucity of articles examining the law in its social, historical, and political contexts. Thejournalwas originallypublished in a newsletter format. Today, the journal is published in the traditionallawreview format and is even listed in the Bluebook (under its formertitle In thePublic Interest). Law libraries,law firms, legalaid societies, and agencies nation-wide are subscribers to BJPIL. BJPIL articles are onWestlaw and in the Alternative Press Index. BJPILreceives submissions from around the world. BJPIL is one of the few journals in the nation thatis devoted to public interest law. OneofthegoalsofßJPlListo publish articles by UB law students. The journal welcomes student submissions, including seminar papers written for classes. BJPIL is open for participation to all students with an interest in w<>rking on a journal. Grades arenot acriterion forparticipation in BJPIL. Students areable to be involved in the entireprocess of publishing BJPIL, from selection of the articles, to editing, cite-checking, and illustra- in room 725 O'Brian for moreinformationon these activities. BJPIL is loosely associated with BPILP. Aidaßeyes, Editor-in-ChiefofßJPlL, said that, hopefully, this association will encourage fiiturejoint ventures between the two groups. She said that both groups have the common goalofpromotingpublic interestlaw. Ms. Reyes notedlhatßJPlLisagood idea for people who do not want to do law review. It has asmaller staffand is less intense and less ofa conunitment than the traditional law review. Another advantage of BJPIL, mentioned Ms. Reyes, is that students can be involved inevery aspect ofthe journal. ' 'The Buffalo Journal of Public InterestLaw is a great opportunity for those who wantto get experienceonajounial," continuedMs.Reyes, saying that employers are impressed by the strong legal research and writingskills gained by those withjournal experience. Shepointed out that, in the present jobmarket, that could be the edge thatcould make the difference in getting a job. BJPIL ishaving arecruitment meeting on Wednesday, Apri121,1993,in room 109, at 3:30 p.m. BJPIL is located in room 725 O'Brian. PAD Officers 1993 Justice Saultan H. Baptiste Christin Horsley. Lisa Dalfanso Diane Boldt Wendy Kowalczyk Terri Weinreber Joe Khanna | Vice Justice Treasurer Clerk Marshal Marshal Buffalo is Second to None by Frank Housh The annual Fasken weekend was truly OnSaturday Marcli26,asfogshrouded the gleaming spires of Toronto's skyline, a complement of UB Law's finest first-year oralists held forth on the top floors of the Toronto DominionBank Tower. They came to defend Buffalo's title to the coveted Fasken Shield, the award given to the best overall school at theannual firstyear competition held inthe officesofFasken Campbell & Godfrey. Buffalo swept the competition in '91 and '92, and the air was thick with the cold mist of vengeance as five schools from the United States and Canada sought to remove UB from theirchampionship throne. The UB contingent of Marjory Avant, Virginia Jacobson.Alisa Lukasiewicz, Dylan Mitchell, Paul Morenberg, Maija Reeves, Kevin Szczepanski, and ClirisWidholm trained hard for the two weeks preceding the competition. Haunting the meeting rooms of the law library like vengeful spirits, they mastered complex areas of international law in very short order. On the day ofcompetition, they shined. The team foughthard and well, coming up heart-stoppingly close to victory and losing by a mere .48 of a point to Syracuse for the championship. UB did however, walk away with arecognition tor Best Oralist,awarded to Kevin Szczepanski. The team was accompanied by ProfessorClaude Welch from the Human Rights Center, who judged the competition; Jessup Executive Board members Tom Cannavoand Frank Housli were also one to remember. During the competition weekend, arather bizarreand uni\>rtunate series of events led to the desecration of two vehicles, events that set the tone forthe weekend. Indeed, whenBuffalo was not taking on all challengers to theirthrone, Paul' 'Mad Dog Morenberg was issuing street justice on Toronto's stately boulevards. After a brief visit to one ofToronto's public houses for refreshment, several members ofthe Buffalo and Syracuse teams wereaccosted by abandof young toughs. When vulgarremarks directed at one ofthe female members of the Fasken party transformed into an assault,' 'Mad Dog " stepped in. " I dukedthe guy,Morenberg was reported to have said. "Tom (Cannavo) would have done it ifhe hadn't been sort of traumatized by the whole thing. I justdidwhat I had to do." Jessup has hadoneofitsmost successful years. From a great performance by the regional team in Columbus in February to the standouts in Toronto, Jessup is anxious to continue its winning way s with a new Executive Board. Nextyear theBuffalo Jessup Board will add a competition, entering the fray for next year's Niagara Cup. The Jessup Executive Board would like to tliank allofthose faculty, staff, and students who helped make this a wonderful year. Finally , we offeraspecial thanks to LauraMangan from the Baldy Center, whose characteristic kindness and aplomb allowed Jessup to continue in the face ofextreme disquiet. judges. Alumni Coordinator New PAD Initiates GretchenAyhvard Maureen Elwell Jennifer Englert Shirley Fang Sue Fox Tom Glascock Craig Hannah Nicole Holder Perlene Irani Deloris Johnson Noelle Kowalczyk SyamaprasadKrishnan Anne Kyzmir ToniLorio Eduardo Meire Jane Monaghan Michelle Obleman Sharon Pigman Marianne Rodgers Gerard Roux Eddie Sauls - Colleen Seminara AnnaSimone Ruthanne Wannop ChrisWidholm FREE BEER.PIZZAANDWINGS The Opinion is seeking interested,and interesting, individuals to come up toRoom 724 and join theparty. Ifyou have even partial motor control over your own body, you are more than qualified. We want aspirin, but we'll settle for Photographers, Writers, Cartoonists, and anyone else with a modicum of creativity. You can even be our Business Manager orLayout Editor. Think whatthose tit les will look like on your RESUME!! April 22,1993 The Opinion 3 �Volume 33, No. 16 April 22, 1993 Editors-iii-Oiief: Managing Editor: Business Manager: NewsEditor: Paul H. Roalsvig & Tracy Dale Sanimarco Kevin P. Collins Vacant SharoiiNosenchuck Features Editor: MariaT.Buchanan Layout Editor: Vacant Photography Editor: Dan Harris Art Director: KathyKorbuly StaffWriters: Saultan H. Baptiste, JoeKhanna Contributors: Frank Housh, Bill Kemiedy EDITORIAL New Blood ' 'The torchlias been passed. *' A corny plirase, but ithas its uses. Right now it seems the proper way to introduce the new crew and the new outlook that ex ists now atThe Opinion. First ofall,there'sabitofunconventional leadership here, but itsof die sort that willlead to an interesting blend ofviewsand perhaps evena more egalitarian journalisticapproach. A tag teamof co-editors has takenover theEditorin-Qiiefspot. It'ssomethingthat has neverhappened in TheOpinion's44 yearhistory. The new Editors-in-Chiefs sincerely hope that this union will make for a more cohesive, more viablenewspaper. The personality ofThe Opinion isalso bound to change. The newspaper has received criticismfrom many sources in the past. Apparently some peoplefelt that thepaperwas abit too sterile, tooremoved from the daily lives ofthe students itmeant to serve. Well, we want that to change. The "human interest story" is alive and well at UBLaw, though itmayseem buriedunder a mountainof lectures, speakers, bar review sessions and the like. Without sacrificing our duty to keep you well in formed, it is our intent to unearth those parts ofthelaw school functions and student life that willkeep your interest and make you laugh. Contrary to what some might say, we believe these facets of the law school do exist. The net result ofall this change will be a paper thatUB Law students, staff andalumnilook forward toread ing. Itwillbeapapertliat willprovide enlightenment, and yet, at thesame time, be interesting, thought-provoking and stimulating. Wealso hopethatalivelierpaperwill invitemore participation from interested parties. We invite you to write down your thoughts; eitherforpublication orto tellushow wemay better serve the UB Law community. There'sbeenarunningjokearound theofficeofTheOpinion forsomelimenow. , It's a play on the famous New York Times motto, "All the news that s fit to print.'' Our version here at the paper ran something like,' 'All the news thatfits in print.'' This isn'texactly a source ofpride for the staff. We work hard to put out the issues you find strewn about the halls ofO'Brian Hall. We want you to know thatyour criticismsofthisnewspaper hithome. The Opinion was created to serve thestudents ofUB Law School; to bean independent and objective observer informing and entertaining the population of'his school. hi the past year or so, there hasbeen constant criticismaimed at thepaper, much of it valid. We were accused of serving the needs of only a small minority ofthe students, notthe entirebody. We may havemade some errors. We strive not torepeat those errors in the coining year. There is new blood in(lie paper and werefuse to fall OPINION MAILBOX Dear Editors: I wasTecently admiring the outstanding jobthat thealumni association did inassembling die " 100YearHistory " oflJB Law. It so nicely paid tribute to the wonderfulfaculty and students thathave graced ourfair institution. It outlined their contributions to legal literature, student organizationsand scholarlyanalysis. Aslflipped through the pages, itseemed as though something wasmissing, that somehow this comprehensive, 5 year, $50,000.00 project was incomplete...then it hit me...there is no men tionofthe peoplewhoactually run this school, thepeopleresponsible for typing those everso-articulate faculty law review articles and providing other faculty support, the people responsible for our studentcourse materials, the people who put up withthe, often nasty, dayto-day gripes ofthe faculty and students. I wouldlike take advantage ofthe opportunity ofSecretaries Week and acknowledge the tremendous job that thestaffand secretaries put forth on our behalf. Without diecompetentstaff inA &R, CDO, the copy center, theBaldy Centerand theDean's Office, this school would not function nearly as well as it does (I realize thatthis is open to interpretation). They add a much needed human touch to the otherwisecold-hearted law school style. Take the time to thank our staff, you'dbe surprised at theresponse! prey to thetemptation to print onlythecomfortable story, theclean version. We intend to inform you and to make you laugh while doingit. It liasbeen said thatthe verbal degradation ofthislaw school by its own students be will the straw thatbreaks thecamel's back. Insulting this institutiondoesnothing to uplift it; it is, in fact, a self-fulfilling prophecy. We applied, we're in. We need to make the most ofit. The Opinion will not act as a vehicle for the aspirations a few people at the expe&se ofthe entire law school. That we guarantee. of Therefore, in furtheranceofthisspiritofgivingthepaper back to the students it was created for, we ask you to contribute your thoughts to the finalproduct. The editorialboard ofTheOpinion is here to transfer yourexperiences, thoughtsand ideas to theprinted page. We will strive toaccommodate you in this process in every way possible. After all, your opinionis The Opinion. Copyright 1993. The Opinion. SBA. Any reproduction ofmaterialshereinis strictly prohibited without theexpressconsentofthe Editors. TJieOjnnjon is published everytwo weeks during theFall andSpringsemesters. Itis thestudent newspaperoftheState University ofNew York at Buffalo School ofLaw. The views expressed in thispaper are not necessarily those oftheEditors or StaffofThe Opinion. The Opinionis a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofThe Opinionis determinedby theEditors. The Opinionis funded by the SBA from StudentLaw Fees. The Opinion welcomeslettersto theeditor but reserves theright to editfor length and libelous content. Letters longer thantliree typed doublespaced pages will be editedfor length. Please do not put anythingyou wish printed under our office door. Submissions can be sent via Campus orUnited States Mail to The Opinion. SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo.New York 14260 (716)645-2147 or placed in law school mailboxes 761 or512. Deadlinesfor the semesterare theFriday before publication. The ideas expressedin the "Letters to the Editor" and on the commentary page are not necessarily endorsed h> the Editorial Board ofThe Opinion. -Th^Opjqjcifc,, 4 22,J993-- Dark Marbles Say, "Come DanceYourAss Off!" Thursday, May 20 at Nietzsche's AND Saturday, May 22 at Central Park Grill �Introspection GOLD Group Plans Nuts & Bolts Programs Features Editor By MariaT. Buchanan Abouta monthago a friend ofmine decided to quit law school, not because he was failing out, but rather because he was afraid ofbecoming like the rest of us. His basic contention was that we (those of us whoremain in law school) lost any sense of individuality shortlyafterthe first semester. In addition, he felt as though therewasn't anyone left who could think for himself, except for him and he wasn't going to buy into the law school system. When people found out his reasons for leaving school many thought he justwasn'table to handle law school or that he was the one with the problem. But ifyoureally tliink about it, law schooldoeschangeyou,maybeforthe better or maybe not. Being only a first year,my metamorphosis is not complete, yet I realize there is some truth in the wordsofmy friend. I came into law school with my own world view, thinking I knew where I stoodon most issues. Then all ofa sudden I began to see the other side ofissues and my views became muddled. I no longer know how I feel about many issues. As the saying goes, "I could argue the issue both ways.'' But thatis part ofthe process,part ofthe development ofan advocate, yet sometimes it feels cheap, almost as ifintheprocessoflearning how to bea lawyer, I am losing my sense ofself. Weallknow jokesabout lawyers are very popular. Butwhatis itabout lawyers thatnon-lawyers dislike somuch? I used to tliinkthat exorbitant fees were the problem, but I tliinkit's the attitude that we learn to develop. Idoiftthinkuiatanyonecomes into law school with the intent to become an egomaniac, but for some it is inevitable. No matterhow hardyou try to prevent it,your ego H'sineverything,although thehumbleones enlarges. Whenyou run into people youknew may throw in aQ*. There arealso the juveniles - those from high schooland itcomes out thatyouare at who seem McDonalds, lawschool,and work its to be stuck in high school. They they in natural tliat wouldfeel thatyour think that class tune is for trying out new proud only you succeeding. (Of course, this is not to say that kinds ofcandy or singing songs. Also inone caiuiot have a succesful career with cluded in this category are the people who McDonalds or betrulyhappy flipping burgers.) think professional responsibility means beBut this ofcourse is one ofthe least offensive ing able to beat your computer in solitaire. Ofcourse, to be annoying youdon't ofthe attitude disorders. Weallknow thatyou only haveu> go haveto be a student. Thisleadsright into the as taras the classroom to find asampling ofthe topic ofgrades, the very thing thatmotivates various categories of what I shall deem as students (besides pure love ofthe law). I "annoying people". Unfortunately, we all knew when I chose UB that things were know at least one person who fits in this going to be a littledifferent - abit more laid category. Some of us may actually be that back. However, I did notanticipate waiting person. There are those people who are in love more thaii4months for my grades. I am sure with the sound oftheir own voice. They may that most ofyou did not bargain for this have absolutely no idea what in the hell they either. I wonder if the professors would aregoing to say, but theyare always willing to if to hear. care we took the exam schedule and hang theirthought processes out forall includes those extended it a few months. Think of the My favorite category state, who persons have lived in almost every ' 'super-anal" outlinesyou could create. Or have had at least six different vocations, and say your examisatake-homedue in24 hours. generally have lived almost every experience What the hell, whynot take a week or two to life has to offer (and they canalways cover the complete it? Who is going to care? God gaps by havingafriend whohas doneit all). But knows thedanin bluebook is going to sitand the best part is that they have a anecdote for rotuntil August orlater. Maybewe should everything and feel compelled to share these all stop paying tuition by the due date. Or withyou ona daily basis. To these people I say better yet, maybe some professors should shutup and start writing your memoirs. come to the realization that even students at Unfortunately, thereare severalother UB careabout their grades,and would like typesofannoyingpersons". Forexample.the a sense ofclosure to the first semester. eut-tliroats are the students whotake pleasure I hope thatI haven't offendedanyin ripping pages out ofbooks and stashing one, butiflhave then tough. I havejustmade others in thelibrary ventilation system. There what I feel are some honest observations. are also the students who are extremely con- However, you may find meannoying. All I cerned abut everybody else's grades. When know is that I would rather annoy you than questioned themselves, they ofcourse have lack identity. ABANDON SHIP/ = The GOLD (Graduates Of the Last Decade) Group oftheUB Law Alumni Association will presentthree''mini seminars on Saturday, April 24 in Room 108 of the UB Law School. These nuts andbolts programs will cover Family/Matrimonial Law, Basic Wills and Trusts, and Residential Real Estate. Registration will begin at 8:30 a.m., with the first program to begin at 9:00 a.m. Materials will be provided, in addition to practical tips and useful advice from the speakers. A nominal fee of $5.00 for students and $ 10.00 for attorneys will be charged and applied to cover the cost ofrefreshments and course materials. To reserve materials and a space, make your check outto the UB Law Alumni Association and mail to 318 , O Brian Hall, Amherst, NY 14260. Call Ilene Fleischman at 645-2107 forfurtherinformation. GIVE BLOOD ~««» riiiWi. isi-€ April 22,1993 "Vain The Opinion 5 �The Roaming Photographer-The LastWaltz By Paul Roalsvig This Week's Question:"What are you doing this summer?" Johnoleniacz,3L: Shirley Sostre-Oquendo,3L: Michael Radjavitch,3L: Nancy Johnson, 3L: "Don'ttawk to me-I'm having a bad hair day." "Gettingpaid." "Bar Review on theroad from Seattleto Buffalo." "Participatingin wild pagan rites". 3Ls: Don't Forget Your (Rented) Caps and Gowns They can be picked up at the University Bookstore beginning May 10th. Alumni Spotlight: Andrea Sammarco'92 by Sharon Nosenchuck, .News Editor Andrea Sammarco graduated from UB Law School iii May 1992and now works for People for the Ethical Treatment ofAnimals (PET A) in Washington, D.C. Ms. Samniarco's favorite course She pointed out that although many people believe that PETA is responsible for "liberating '' animals by destroying and stealing property, this is not true. These anti-social actsare perpetratedby a separate organization called the AnimalLiberation Front. Ms. Sammarco commented that she interested in animalrights during her became course was interesting, she explained, because freshman of year college, after reading the she was able to delve into statutory interpretaLiberation, by the Australian book, Animal tion due to thefact that thereare not very many Peter and that shebecame philosi>pher, Singer, statutes and thereis a lotofcase law in the area. at about the same time. a vegetarian Betty Mensch was herfavorite professor, said Ms. Sammarco said that she went u> Ms. Sammarco, because Professor Mensch "to become more effective in law school made tilings intriguing and made them "relfor working interest causes, especially public evant to issues you careabout.'' those which can'tafford expensive lobbyists Ms. Sammarco remarked that her favorite activity whileat UB was socializing. on Capitol Hill.'' She suggested that "a semester doing public interest work ought to be She observed that her proudest accomplishment was working for Greenpeace duringthe a prerequisite for being admitted as an attorsununer between her second and thirdyears. ney." Some ofthe functions ofher office She commented that shewasproud o flier work federal, state, and local animal are' 'applying at Greenpeace because she was able to do statutes and regulations, and limprotection something thatwas along thelines < > fwhat she ited case law, to devise strategies foraddresswanted to do. Ms. Sammarco began her present ing animal cruelty and institutionalized aniposition as Associate Counsel in the Legal mal exploitation, utilizingadministrativeproDivision ofthe Research and Investigations cedure, public health, contractand tort law to Departmentat PETA inNovember, 1993. Her identify novel bases for challenging animal officepro videscounseland representation for abuse, conducting litigation,providing support department staff and projects, stated Ms. to volunteerattorney s, draftingregulatory cornment,nilemaking, petitions, and hearing testiSammarco. and representing staff investigatorsas Ms. Sanunarco noted thatoneofthe mony, witnesses in law enforcement proceedings," prerequisites for working at PETA is "not participating in animal exploitation in any detailed Ms. Sanunarco. Ms. Sanunarco advised graduating way." "PETA's philosophy is that animals law students to "keep your moral convictions" are not ours to eat, wear, experimenton, or use and thatalthough the jobmarket may be bad, forentertainment," she stated. Sheremarked you love to do." She should do what "you that the PETA office tries to demonstrate to counseled law to do''whatdrivesyou students society that "it is possible to lead happy, to an and stand by your moral be attorney' * successfuland fairly well-adjusted lives withconvictions." out causing suffering and death to animals.'' Scalia, continued from page I and, in particular amendments dealing with humanrights? Scalia responded that while this was apopular argument for constitutional activists and the like, he felt that the Constitution should be the rock, or theanchor, and not themotor for The Opinion April 22, 1993 tion. Whose Law Review is it Anyway? Oh well, Congratulations are in order. The Buffalo Law Review is pleased to announce its 1993/1994 Board of Editors: Editor in Chief JohnD.Craik ExecutivcEditor Douglas J. Sylvester while she was at UBwas Anti-TrustLaw. The 6 change. Hehadnothing against changeperse, he simply argued that almost all significant changes could havebeen brought about statutorily, without tampering with the Constitu- Assitant Executive Editors: Kristin J. Graham JoyC.Trotter I'uhlications Editors: JosephE. Horey ArticlesEditors: Joseph W. Belluck Artlnir A. Edwards James A. Lynch, Jr. MonicaJ. Piga ConstantineKarides Eileen P. Kennedy David K. Koehler Paul F. Raimondi Lynda M. Tarantino ManagingEditor: Michael MacLaughlin Business Editor: HopeOlsson Book ReviewEditor: HeadNote& CommentEditor JuliaSchlotihauer Sharon A. Swift Julie Braverman Andres Colon Joshua E. Kimerliiig Noteand Comment Editors: JoluiC. Cory Jay S. Fleischman H. David Schwartz Jolui Wallace . Senior Members: Bryce M. Baird Sara E. Hewitt Alexander Komtkin Helen Pundurs Brian S. Roman Susan Y. Soong KarlaM.Wyand Leslie J. Darman David R. Koepsell LynnMontante Robert F.Regan Alan Schaefer Donna M. Suglia �GRADUATION/YEAR'S END Congratulations to the New Editorial Board of The Buffalo Journal ofInternational Law. PARTY!! Editor-in-Chief: Laura Elise Vasquez Executive Editors: Francisco Duarte Maureen Mahon Publications Editor: Larry Wollert ManagingEditor: Stephen Lee Business Editor: John O Shea Technical Editor: Erich de la Vega Recent Developments Editors: Suzanne Cruse Edward Moy Ron Olson Articles Editors: Christa Bowden Jack Cilingiryan Once Again, the Proud Inhabitants of 573 LinwoodAve. (Michael, David and Dave) are Throwing a PARTYTO BE REMEMBERED. Friday, May 7 DATE: (the last day of exams) TIME: 9:00 P.M.until sometime Sunday Morning Fight AIDS! (}) \ by1 Herbert Lichen y\¥ -EVIDENCE )) never Wear A Condom Charles Greenberg Marc Reinmling knov'/f." 4 CJ~( A presenfs Publications , #3/7 , [# /88 - PROPERTY ~ Of?<!? I/rftS •**/■* by Chcr/es Foxmasher fee simple absolute." Jf free speec/i -offend yw, +hen FucKOFFI" ' /T ■ , \\%X/ f • f# 25~6~ CONTRACTS, rf v., n // / ~* v don't ask Why. 1 �J* by Beasley Javalin \/ rr _ ) OUTLIVES CONDENSED LEGAL 'JL lm ' by Chub Rankler, Esq. H injuries, I'm sorry , Mens reg j Yes way j" ,^^ll- *"^ aZj-U nfrt The First Annual Worker and Consumer Rights Conference by Kevin P. Collins, ManagingEditor Pholosby Dan Harris, Photography Editor With twenty speakers and four panels, theUBLaw School was host for the First Annual Worker and Consumer Rights Conference. Theconference was held on Wednesday, March 31, 1993and was presented by theLabor And Employment Law Association (LAELA) and theLaw Students for Corporate Accountability (LSC A). The event was co-sponsored by the Graduate Group on Human Rights, theLatin American Law Students Association, theNationalLawyers Guild, the Student Bar Association, and the Students OfLaw forAnimal Rights. Theconference wasorganized bylaw students Joe Antonecchia, Joe Belluck, KevinCollins and MarkPanepinto. The conference focussed on the rightsofconsumers,thechallenges facing labor organizing, and the rights ofemployees atthe workplace. Over 150law students,faculty, UB community, labor unionsand Western New York citizens attended. The conference was covered by the local radio and television stations, as well as in The Buffalo News. Plans are underway fornextyear's conference. April 22,1993 The Opinion 7 �Is Bar/Bri Really Enough For The MBE? uitf Score £U*°- CB I \ \ 1 \ * ' In / c e MBpc Sliest 5core /« / , OVdo\ S^e^T«ory»tte,lb \\ // \ / If », . ****** £*"»*• Q*fo \\ I **»* Absolutely, Positively A Necessary Multistate Supplement! mbwmbHm* MULTISTATE SPECIALIST NATIONWIDE TOLL FREE NUMBER: (800) 523-0777 // / / �THE "MBE" IS THE KEY TO PASSING THE NEW YORK BAR EXAM: In New York the passing score on the "MBE" is 132 correct. In order to pass the New York Bar Exam, a candidate must score a total of 660 points with the scores on the "MBE" and New York section(s) being combined. Although there is a combined grading scheme, the "MBE" is really the "key" section for two reasons. First, if you score over 132 on the "MBE" those extra points are applied to your overall score. Consequently, if you were to score 150 or 160 on the "MBE" you could theoretically pass the exam and only score 2s and 3s on the essays! Secondly, most of the New York essays will cover Multistate subject areas (e.g., CONTRACTS, EVIDENCE, PROPERTY). Therefore, when you are studying for the "MBE", you are also preparing for the New York section of the exam at the same time! THE BAR EXAMINERS KNOW YOUR "MBE" SCORE BEFORE GRADING THE ESSAYS: In New Jersey, New York and Pennsylvania the Bar Examiners know your "MBE" score before grading the essays! In fact, in many states your performance on the "MBE" influences how the Examiners grade the essays. For example, there are 30 Multistate questions in Evidence on the "MBE". If you score 27 correct on the "MBE" in Evidence (95% nationally), the Examiners know you have a "strong" substantive knowledge of the law and are more inclined to pass you on an Evidence Essay question! Conversely, if you only achieve 10 correct on the Multistate in Evidence (20% percentile), the Examiners recognize that you have a "weak" substantive knowledge of the law and thus may grade your essays more critically. WHY DO YOU NEED PMBR? For the last 16 years PMBR has been the nation's leading Multistate supplemental preparatory course. It is important to remember that PMBR is a supplemental Multistate course that is NOT in competition with the general bar review courses (such as Bar/Bri, SMH, Pieper, or Marino) which are primarily designed to prepare students for the state specific sections of the bar exam not the "MBE" Although you will receive Multistate materials free as part of your general bar review course, the PMBR Multistate questions are much more representative of the length, difficulty and complexity of the types of questions commonly tested on the "MBE". It is a well known fact that on a scale of difficulty from 1 to 10, the PMBR questions are truly 9s and 10s. In fact, we strongly recommend that you don't even bother practicing with the Multistate questions from your genera) review course because it will only foster a "false sense of security' on the "MBE". THE "MBE" IS NOW TESTING OBSCURE OR "GAP" AREAS OF THE LAW! On the July, 1992 "MBE" many new topic areas were being tested for the first time! Many of the new questions covered "gap" areas not covered by most of the general bar review courses. For example, there were questions dealing with (1) the doctrine of unilateral conspiracy under the Model Penal Code; (2) the "knockout" rule under the UCC: (3) perfecting security interests in trade fixtures; (4) whether a junior incumbrancer (or 2nd mortgagee) can effectuate the right of redemption. Unless you supplement with PMBR's Multistate materials, you will not even find these areas covered in most general bar review outlines! THE "D.C. OPTION": Besides the added importance of the "MBE" in passing the bar exams in New Jersey, New York and Pennsylvania, if you score 133 or higher on the "MBE" (and pass any of the aforementioned state exams), you can also AUTOMATICALLY WAIVE into Washington and be admitted to the bar there as well. Thus, a strong performance on the "MBE" this summer can conceivably result in admission to the bar in four different jurisdictions: NEW JERSEY, NEW YORK, PENNSYLVANIA and DISTRICT OF COLUMBIA! Jm/ MULTISTATE SPECIALIST 16 YEARS OF MULTISTATE EXPERTISE! Absolutely, Positively A Necessary Multistate Supplement! �The Women's Bar Blue Bird, continuedfrom page 1 Certain members ofthe Labor And bySharon Nosenchuck,.News Editor OnThursday, April 15,1993,Gay1e Eagan, Esq., gave a presentation about the Women's Bar Association. Ms.Eagan, the presidentofthe Western New York Oiapter, discussed her organization's activities. Ms. Eagan told her audience that the basic reason for the existence of the Women'sßaristoprovideavoice forfemale attorneys in the legal profession. Themembersofthe Women's Bar Associationhave a wide diversityo fop in ions on any number of issues, Ms. Eagan said. She saidtliat women are a minority in the Erie County Bar Association, so their voice is diluted. The Women' sBar provides networking c>pportunitiesand "givesalitllemuscle" to women's voices in a profession where people often "play politics." ' '[There is] plenty ofprejudiceout there," Ms. Eagan warned, "gender bias today is more subtle thantenyears ago.'' Ms. Eagan added that legislation often is silent on issues addressed to women or has a negative impact on women. Sheasked, "If we don'tspeak up, who else is going to do it?" Ms. Eagan expressed the wish that, some day, women will bewell represented by theregular Bar Association. At the present time, thereare 600-700 women attorneys in Erie County, Ms. Eagan toldheraudience, althoughihememberslupofherorganizationnumbersonly 180 attorneys. Ms. Eagan cited the cost ofmembership as one of the reasons why more attorneysarenotmembersoflhe Women's Bar. She said that many women attorneys work in areas thatdo notpay as wellas those of male attorneys and that many local and national barassociations compete for these women'sinembership dollars. Ms. Eagan discussed withher au- dience the conuiiittee-driven approach of the Western New York Chapter of the Women's Bar. One ofthe committees she mentioned was the Judiciary Committee. This committee interviews candidates for thejudiciary. hi addition, Ms.Eagannoted that the Committee asks eachcandidate for writing samplesand forreferences. This is the only group that asks judicial candidates for writing samples, noted Ms.Eagan. She continued, saying that this is an important criterion on which to rate a judge, because itis important thatajudgecan writeclearly andbeunderst(x)d. Ms. Eagan mentioned to her audience that the Committee does not just look at the candidates treatment of women. The Women's Bar isbeginning to make an impact, statedMs. Eagan, because judicial candidates are using the Women's Bar Association ratings. Speaking on otherprojects sponsored by theWomen' sBar Association,Ms. Eagan told her audience about the 1993 Convention ofthe Women's Bar Association ofthe StateofNew York, wliichis being held in Buffalo on Friday, Jiuie4,1 993 to Sunday, June6,1993. Presentations being givenduringtheConventionincludea"Forumon Women in Public Service/Women's Action Agenda,''' 'ToxicTorts—Ceases on the Cutting Edge," and amock trial demonstration ofevidentiary problems in family law cases. Ms. Eagan offeredthe opportunity for women law students to attend the convention freeofchargeby volunteering at theConvention. Ms. Eagan's presentation was sponsored by the Association of Women Law Students(AWLS). For more in formationon (lie WesternNew York Qiapter ofthe Women's Bar Assoc iation, contact Keelan Stem, Box 801,885-4085. Employment Law Association (LAELA), in particular 2L Joe Antonecchia and 1L Mark Panepinto, met to discuss wliat to do in (lie case of a strike. Certain possibilities discussed A.M.,6:35A.M.,7:2()A.M.,8:20A.M.,9:20 A.M., 10:20A.M, 12:30P.M.,2:00P.M.,3:35 P.M.,4:35P.M.,5:35P.M.,and6:10P.M.The Metro Bus # 44 leaves the Law School and returns to South Campus at thefollowing tunes: were strike support for the bus driversofthe 6:58A.M.,7:41 A.M.,8:41 A.M.,9:40A.M., ATU, not using the bus service during the 10:39 A.M., 11:39A.M., 1:43P.M., 3:14 P.M., strike, and if the strike continued into next 5:14P.M.,5:46P.M.,6:11 P.M.,6:36P.M.,6:46 semester,refusing to pay thetransportation fee P.M.,and7:26P.M. of the tuition bill until the union drivers had UB has stayed neutraland kept out of returned to work. Alternative transportation the negotiations. In the April 2nd issue ofThe possibilities includecar pooling, taking taxis, Spectrum. Mr. Cliff Wilson, Associate Vice and using theNiagaraFrontier Transit AuthorPresident for Student Affairs, was quoted as ity (NFTA) Metro Bus # 44, which leaves the stating that UB wasnot taking sides. UB pays South Campusbus stationand goes to (lie Flint Blue Bird $1 million a year to run the bus Loop directly outside the Law School at the service between the North and South camfollowing times: 5:42 A.M., 5:55 A.M., 6:20 puses. \\ / \ \ // \\ \\ From all of us here at the Opinion: Have a great summer! More Cheese, pleeze Grading, -anonymous continuedfrom page 1 hadwhenthe unconventional grading system had been first enacted. There were two issues voted upon. In the first, the issue of grandfathering in the currentclasseswasdefeated.The second vote, for waiting to apply the new grade system until theFallof 1993 passed, however. Representatives ofthe SBA were disappointed with the faculty's decision. However, Baptiste was pleased with the SBA's performance. They had presented a unified, strong front, he said, and everyone had been able to work as a team. Hefelt apprehensive , however, thatat a time when UBlaw school s ranking was swiftly dropping, that this was "not the time to further confuse the legal communityregarding the qualityofstudents at ÜB." • Onceagain,asliappenseveryyearat this time, another flock of law students sets their sightsupontliat great and wonderfu1 universe, ready to set things aright and make a positive difference. Like the great mythological winged Buffalo ofyore (pictured at right), theseprogeny ofourmore than 100-yearold institution will deftlysoar amongst theloftiestofaspirations, gracefully outlining the highest ofideals, and the grandest of designs. And yet, justas this mythological beast leaves theairy world oftheory and ideals, and sets foot onthe hard ground ofreality, so too will eventually those who graduate from UB Law. The winged bison will also serve to remind the entire world that while it can be stubbornand unwavering, forcefuland deternuned, it is not a malicious beast, and it will befriend those with their hearts in (lie right Paul Beyer, SBA Vice-Presidentelect, commented, "The faculty's refusal to grandfatherin the new grading system completely ignores the needs of students in an increasingly competitive legal marketplace in orderto simplyput theoverall issue ofgrades to rest. Unfortunately, the issue is far from place. being put to rest for the many students who will Thus is created the allegory of the have to explain this mess to prospective emmythological winged buffalo. ployers." The Editorial Board of the Opinion would like to express their heartfelt thanks to Michael Radjavitch, without whose help this issue.probably would not have come to fruition. Good luck Butter! 10 The Opinion April 22,1993 �1 _ Good LuckOfi exams.- Planned Parenthood of Buffalo & Erie County, Inc. presents J Jhe Politics of Coercion with very special guest Don't Forget tO Relax! Take a Break From Exams! • # OUt anCl JOinTjie • • OpiniOn CreW at OP I • I f ™ The New Religious Right in this country poses threats to all of our fundamental freedoms, especially reproductive rights. Find out how the New Right g cnan gjn g t ne political realities of our country, how all of us are affected and how we can best defend our freedoms. - •••••••••••••••a vOITie Rabbi Balfour Brickner Senior Rabbi Emeritus, Stephen Wise Free Synagogue This event is open to the public and free of charge. Please call the Public Affairs Department at 853-1779 to place reservations. a GSt. Saturday, May Ist All Temple Beth Zion 805 Delaware Avenue Buffalo, NY Thursday, April 29,1993 6:00 pm. reception 6:45 pm. presentation commencement: Sunday, May 16th at 6:00 P.M. AlumniArena r\AV U** I Imvatign inßarEfeview: II Hie Flow Chart Connie J Assent—-I Mutual I FOnTiatiOn | oJisideration \ I I No Formation I April 22,1993 The Opinion 11 �BAR REVIEW NEW YORK SUMMER 1993 LOCATION INFORMATION SHEET (ALL LOCATIONS VIDEO UNLESS OTHERWISE INDICATED) ALBANY Albany Law School 9AM/6PM ANN ARBOR, Ml Univ. of Michigan Law School 9AM ATLANTA, GA BAR/BRI Office IPM BERKELEY, CA UC Berkeley BOSTON, MA Boston University School of Law BRIDGEPORT, CT Bridgeport Hilton BROOKLYN St. Francis College BUFFALO SUNY at Buffalo School of Law 9AM/2PM/6PM CAMBRIDGE, MA Harvard Law School 10AM CHARLOTTESVILLE, VA Univ. of Virginia School of Law 9AM Univ. of Chicago Law School Northwestern Law School 9AM 9:3OAM DURHAM, NC Duke Univ. School of Law 9AM HARTFORD, CT Univ. of Hartford 9AM HEMPSTEAD Hofstra Univ. School of Law 10AM/2PM/6PM ITHACA Cornell Law School 9:3OAM LOS ANGELES, CA BAR/BRI Office MANHATTAN 1) DOWNTOWN NYU Law School 10AM 2) MIDTOWN A - Town Hall 43rd St.(bet. 6th Aye. & B'way) B - BAR/BRI Office 1500 Broadway (at 43rd) C BAR/BRI Office 1500 Broadway (at 43rd) 9:3OAM (LIVE) I:4SPM 6PM (LIVE/video) 3) UPTOWN Columbia Law School 10AM 4) WALL STREET AREA Whitehall Club CHICAGO, IL 1) HYDE PARK 2) GOLD COAST - Boalt Hall - - I:3OPM 9AM/6PM 1070 Main Street 10AM - 10AM/2PM/6PM 180 Remson St. - 3280 Motor Avenue - - 17 Battery Place I:3OPM 6PM 10AM MIAMI, FL BAR/BRI Office MONMOUTH COUNTY, NJ Holiday Inn MONTREAL, CAN. McGill University 9AM NEWARK, NJ Rutgers Univ. Law School 10AM/6PM NEW HAVEN, CT Colony Inn NEW ORLEANS, LA Tulane Law School 9AM Boston College Law School 9:3OAM PALO ALTO, CA Stanford Law School I:3OPM PHILADELPHIA, PA Sheraton University City POUGHKEEPSIE Vassar College 10AM CUNY Law School St. John's University Law School mnAmm NEWTON, MA. QUEENS COUNTY FLUSHING 2) JAMAICA 1) - - - 700 Hope Road - Tinton Falls 1157 Chapel Street - 36th & Chestnut 2PM 9:3OAM 9AM 10AM 10AM/2PM/6PM 9:3OAM Genesee Plaza ROCHESTER Holiday Inn ROCKLAND COUNTY Nanuet Sheraton SO. ROYALTON, VT Vermont Law School 9AM SPRINGFIELD, MA WNEC School of Law 10AM STATEN ISLAND Wagner College 10AM Touro College of Law Southampton Inn 91 Hill Street 10AM/6PM 9AM SYRACUSE Syracuse Univ. College of Law 9AM/6PM TORONTO, CAN. Univ. of Toronto Law School S:3OPM WASHINGTON, DC Georgetown Univ. Law Center GW Law School 9AM 6PM WHITE PLAINS Pace University 10AM/6PM DHUNTINGTON 2) SOUTHAMPTON - Rose Rd. & Rt. 59 - - START DATE: Thursday, May 20th TAPE COURSE - START DATE: Wednesday, May 26th LIVE COURSE - 10AM/6PM END DATE: Tuesday, July 13th END DATE: Friday, July 16th FOR REGISTRA TION INFORMA TION CONTACT (800)472-8899 or (212) 719-0200 \ J � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-04-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 17 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/22/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 17 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/dcb1c01f498e5da015f1dfa3c6ca69c0.pdf 643d9ff2a6b916e1132420b430e491ef PDF Text Text THE OPINION Volume 33, No. 15 STATE UNIVERSITY OFNEWYORKAT BUFFALO SCHOOL OF LAW March 30,1993 Sandinista Ambassador Still Fighting For Human Rights by VitoA. Roman, Editor-in-Chief Considering herself a pacifist, Magna Enriquez protested against U.S. involvement in Vietnam while studying at Temple University during the sixties. Buther pacifist tendencies ended in 1978 when a rich Nicaraguan landowner sprayed herandhundreds ofwomen adopt a working democratic form of government following itsliberation fromSpain in the 19thcentury, as wellas American interference in the country throughout the early twentieth century. TheSandinista victorybrought to Nicaragua the first true move toward democracy, a and clu'ldren withpesticides as they peacefully protested the landowner's theft oftheir farmlands. Before she could get medical help for those affected, ten children died. After that, her involvement with the revolutionary movement to overthrow the Somoza dictatorship in Nicaragua changed. No longer satisfied to simply organizewomen for the movement, sherequested andreceived military training from the Sandinista Front. Soon thereafter, she was actively engaged in guerillawarfare. Her efforts, as well as those ofallherothercomradesinarms,paidoffwheu the dictatorship was toppled in 1979. Enriquez, who is currently the Nicaraguan Sandinista Party representative to the United StatesandCanada, visitedU.B.Lawto discuss the issue ofthe human rights status of Nicaraguan women before and after the Sandinista revolution. She prefaced her remarks on the issue by briefly discussing Nicaraguan political history. In short, she said, Nicaragua had a dictator in power in the late seventies as aresult ofboth Nicaragua's fail- move designed to bring human and economic rights to all, for, she said ifyou do eat three timesaday, who cares ifyou can speak freely." For the next ten years, Enriquez, who eventually became the Secretary General of the International Department in the Sandinista Party, continued her struggle to help ensure human rights for all, especially Nicaraguan women. The product ofher work and that of otherrevolutionaries was aconstitution which granted womenmorerightsandprotectionthan everbefore in Nicaraguan history. Making theconstitutionnon-sexist, howMagnaEnriquez addresses UB students. ever, proved difficult, sinceNicaraguan culture and law up to that point had vested the fatherofthefamily withabsoluterule overhis wifeand clu'ldren. But, as Enriquez says,'' the spermatozoid does not give authority to a byPaulßoalsvig,, Photo Editor father.'' In the newconstitution, relationships Aftera hard-fought contest over the among family membersare deemedequal, i.e., last several weeks, the team of Saultan the constitution gives equalrights toall memBaptiste and Paul Beyer won the coveted bers, including the children. The constitution positionsofSßAPresidentandVice-Presialsoradically changed the divorce laws ofthe dent. This has been thefirst timein several nation. Before, only men could ask for a years that a team haswon in an SB A ExecutiveElection. With overhalfthe law school studentbody voting, thisyear'selection also featured several close decisions. Only five votes separated the winner of the SBA Treasurer'sposition, Marc Panepinto, from thetally forthe incumbent Stephen Lee, and PaulBeyer wonthe Vice-President'sslotby a mere seven votes. The contest for thirdyearcommencement speaker was the closestofthemall,withK. JillBarrwinning over the nextcandidate, Michael Hewitt by only lire to Baptiste & BeyerWin Phi Alpha Delta Holds Largest Initiation in MoreThan 10Years two votes. byJoeKhanna University ofßuffalo'sCarlosC.Alden Chapter ofPhi Alpha Delta, the largest international law fraternity, held its Spring 1993 initiation in a candle-lit federal district courtroom in downtown Buffalo. Federal District Court Judge WilliamM. Skretney,aPhi Alpha Delta Alumnus, presided overthe ceremony. Addressing the new initiates, officers, and alumni members ofPhi Alpha Deltaand their guests, Judge Skretny said that''this is the first timethataceremony suchas this is being held in a federal district court room.'' Twenty-fourofthe initiates thatjoined Phi Alpha Delta this Spring attended the ceremony [see side box for list ofnew initiates]. This diverse group offirst year law students occupied the jury box as they were sworn in. ThiswasoneofPAD'slargestinitiationsinten years. Founded at UBLaw in 1968, PAD has maintained a strong reputation at the law school. For many years it has dominated law school activities, serving as the organizing force behind many law schoolevents. According to Justice, Saultan Baptiste, "PAD is still in its rebuilding stage, but it has come a long foll»we4an injeiise tw<>way.'', divorce; after, either party deciding that the relationship should no longer continue could ask. The constitution also placed an affirmative duty on both parents to provide for the economic, social, and emotional well being of theirchildren. Most importantly, however, the new constitutionmandated that 6% o fine gross national product be dedicated to education. This change alone guaranteed that women would finally be grantedaccess to fields traditionally occupied by men. For instance, by 1990,45% of the nation's medical students were women. Yet despite all these changes, she explained, thenewgovernmentoperated undera heavy toil: the "Contra" war backed by the U.S. government, as well as an economic embargo by the West. The war, which continued between 1981 and 1990,eventually cost die ...Sandinista, continued onpage 6 week period ofRUSH activities, including a hugely successful party at Cheers, whichwas co-sponsored bythe SBA. The new officers of PAD, who were elected in January, were also installed at the ceremony. This part of the ceremony was conducted by UB Law Alumnus and former JusticeoftheAlden Chapter Ron Winter, who is presently a Niagara County Assistant District Attorney. Recently elected SBA President Saultan H. Baptiste, was officially installed as Justice, the highest position at the Alden Chapter and IL Christin Horsley, was elected to the position ofVice-Justice. Although t Jiristinwas unable toattend die installation due to the unexpected death of her finacee, PAD members expressed its support for Christin at the ceremony and held a cardsigning after the ceremony. Other officers included both first and second year law students [see side boxfor list ofofficers]. The ceremony was followed by a reception, held in Judge Skretny's robing room. Judge Skretney addressed th< >se in attendance, discussing the state ofthe legal profession and ~.\f)\t\ntjon,cQruinu<idcmpage3 In a conversation withthenew President-elect, Baptiste noted thathis opponent, Gaiy Simpson, rana very goodcampaign and gavecredit to Simpsonand his running mate, Kevin Collins,forputting forthan admirable effort. He also added thatcandidate Tamie Morog for Vice-Presidenthelped heighten thelevel ofstudent politicalawareness and activity in the election. In other matters decided by the last election, the positionofSBA Secretary was won by first-year Shirley Fang, who ran unopposed. More than two-thirds ofthe studentswho voted in theelectionalso gavethe greenlight forthe mandatory studentactivity fee increase. The electionresults were certifiedby William Trezevant, Sarah Schwartzmeyer, Patricia Campbell, and Joel Sunshine. A complete posting ofthe election results are postedoutside ofthe SB A office onthefirst floorofO'Brian Hall. Congratulationsand goodluck to all the winners! SB A ELECTION RESULTS SBA President Saultan Baptiste 233 votes 195 votes Gary Simpson write-ins 22 votes SBA Vice-President 192 votes Paul Beyer Kevin Collins 185 votes 70 votes TamieMorog write-ins 9 votes SBA Treasurer 210 votes Marc Panepinto 205 votes Stephen Lee write-ins 13 votes (including one for Regis Philbin!) SBA Secretary 315 votes ShirleyFang 38 votes write-ins Speaker Class Third-Year K. Jill Barr 24 votes Michael Hewitt 22 votes 20 votes Suzanne Abair 18 votes CarlaGoldstein Kennedy 13 votes Bill (9 people voted to have no speaker) Mandatory Student Activity Fee Increase For: 312 votes 142 votes Against: HIGHLIGHTS Group Spotlight Editorials and Commentaries Asian Heritage Week PERB Speaker. Docket 3 4-5 6 6 .....7 I �SWITCH TO PIEPER IT'S NOT TOO LATE!!!!! Don't lose money because of a foolish mistake!!!!! If you were lured into another bar review course by a slick sales pitch, there is a way you can get out now without losing money. Pieper Bar Review will credit ANY MONIES put down with another course (up to $300). All you have to do is send in proof of payment with your Pieper application. It's that simple!!! So don't wait ..call now!!!!!!! (Offer ends April 16, 1993) 1-800-635-6569 Pieper Bar Review 90 Willis Aye. Mineola, New York 11501 �, Jessup Int l Moot Court byKevin P. Collins, NewsEditor past weekend, the First Year JESSUP team The Jessup International Moot Court competed in Toronto and finished in second (JESSUP) is an intramural competition in place among six competing law schools. which law students take part inorder to choose According to therecently released lint membersofthe University atBuffalo Schoolof versity at Buffalo Law School: 100 Years. Law Regional Team. This team competes in 1887-1987 fby alums Schaus '53 and Arnone the Philip C. JessupInternational MootCourt '85,atpage# 186), JESSUPwas''[fjoundedin Competition. The competition is held every 1960 as the International Law Moot Court September. This year, approximately thirtyCompetition by law studentsfrom Columbia, five people competed. 2Ls and 3Ls are eli- Harvardand Yale, [and] the competition was gible. Ofthose who compete, four are selected renamed in 1963 in honor ofPhilip C. Jessup. for theregional teamand four make theboard. Jessup (1897-1986) wasa world-renowned inLaw studentswho compete in JESSUP ternational lawyer who taught international have to write a memorial (which is similar to law subjectsat ColumbiaLaw School formany a brief). Competitors are provided with a years(l92sto 1960),thenservedasajudgeon hypothetical problemrelated to someaspectof the International Court ofJustice,The Hague, GROUP SPOTLIGHT will be a series featuring a different student group each issue. international law. Most ofthe research materials are provided to the competitors. All competitors compete in two oral rounds, and eightgoontothefinaloralround. Themembers of the Buffalo Regional JESSUP team are selectedfrom these eight. TheRegional team consists offour members and one alternate. Thisyear's Regional team is made up of 2Ls Alessandra Zorgniotti, JeffBaase, Marc Remmling,andChristaßowden. Thecoachof lastyear'sßegionalteamwas3LTomCannavo. The judgesfortheoralrounds areprofessorsand practitioners from the in and around theBuffalo area. Theßegionalteamresearches and writes two twenty-five page Memorials. The team is divided into two-partner units: Netherlands (1960 to 1971), and was a U.S. representative to theUnitedNau'ons from time to time in various capacities." JESSUP offers a chance for all law students to develop theiroraladvocacy skills. 2Ls and 3Ls also get the chance to write a memorial (a brief),thus finishing the competition withtheexperience and awritingsample which canbe used in the jobsearch. Moreover, JESSUP is a great opportunity for first years because 1Ls at most law schoolsdonothave a chance to compete in amootcourtofany kind. JESSUP is considering becoming involvedin the Niagara Competition, whichis an international law school mootcourtcompetition focusing exclusively onUS-Canadalegal Hearing on Rights ofWbmen bySharonNosenchuck the audience that women in other countries Violenceagainst women is anaccepted being part oflifeacross the globe;every day women often have little legal recourse after 'Often, cannot reveal that raped. they they ' around the world are tortured, battered and to cultural taboos and see were due raped raped. On Thursday, March 25,1993, at the as way out," she said. Buffalo Museum of Science, aninternational suicide their only Bhabha, Mariam a physician with the hearing on the violation ofwomen's human Association, gave Bosnian-Canadian Relief rights washeld. The goal ofthe hearing was to on behalfofBosnian women. She testimony provide evidence that women'srightsare husaid thatrape wasbeing used in the conflictin man rights, and to gather evidence of the the formerYugoslavia as a deliberate weapon violationoftheserights to send to the United war. Rape occurs frequently in Bosniaof Nations. Women from Buffalo and around the Herzogovina, stated Dr. Bhabha, and itis practiced most oftenby the Serbs. It is important world, both victims ofviolenceandthose who for Bosnian victims to have contact with women work with these victims, testified about the supporters fromthe outside, sheemphasized to violations ofhumanrights thatwomen suffer. the audience. Testimony related the humanrights violations Margaret Butkovic, a Canadianexperienced by refugees, thepoor,and victims testifying as a representative of Croatian, of domestic violence. Examples ofthe wide women, said that the rapes taking Croatian range ofviolence perpetrated against women place in the former Yugoslavia are''not inciincluded testimony from: the former battered political purpose," wife ofa Buffalo police officer; a Sudanese dental"and servea "clear to force the women to bear Serbian offspring. woman raped by the police in her country; a She suggested thatrape shouldberecognized nurse with Vive, a local organizationforrefuasawarcrime. "Silenceiscomplicityandwe gees;and statements onthe situation ofwomen not be silent," statedMs. Butkovic. must in Bosnia, Croatia, and Serbia. Apparentfrom Alison Desforges,amemberofthe Board much ofthe testimony was the fact that vioofAfricaWatch, closed the proofDirectors lence against women is internationally tolergramby quoting Justice Brennan, "Inaction ated. ! Ifthe In videotaped testimony, a Sudanese canbeeverybitasoppressiveasaction." or just state orits are involved agents actively woman said that she was speaking out notjust itall forherself.buttohelp her sisters inAfrica. The stand by and fail to provide protection, amounts to the same told thing, Desforges Dr. nurse from Vive, Cindy Kahler, said that she the audience to theaudience. Sheencouraged was' 'speaking onbehalfofrefugee ...Rights,continued onpage 6 .who suffer intheprocess offleeing.'' She told ' ' women.. ...Initiation, Clerk of Phi Alpha Delta. He received a special Justice Award for his two years as a PAD officer. With the strong showing on the Law School scene this year, it is likely that PAD will onceagain occupy adominantroleatUß. PAD is currently planning to continueactivities aimed at serving the entire law school population, as they did earlier this year by publishing theLaw SchooFsonly comprehensive student/faculty directory at their own expense. They are also planning community they graduate. offers a chance for all law students to develop out-reach servicesfor the coming year. Thereception concluded with the pretheir oral advocacy skills. 2Ls and 3Ls also get the Withthis semester's tremendousinitiasentation ofPhi Alpha Delta serviceawards. ceremony awards tion in the Federal District Court, thosereceiving were Among outgoing chance to write a memorial (a brief), thus finishing the SBA President William Trezvant, a former many are awaiting the announcement ofthe competition with the experience and awriting sample Justice oftheAlden Chapter, forOutstanding site oftheir next initiation, to be held in Fall Service. Althoughabsentfromtheevening's 1993. Any law school students interested in which can be used in the job search. events, announcementofhis awardreceived a joiningPAD at theirnext initiation are encourrelations. Whether JESSUPchoosestoexpand resoundingroundofapplauseformthosepresent aged to contact PAD Marshal, Wendy Christa Bowden and Marc Remmling represented the fictitious country of "Bastoria", into another competition or not, UBlaw stu- Also honored wasRobert Motzer,the outgoing Kowalczyk,(Box#437). while Alessandra Zorgniotti and JeffBaase dents who choose JESSUP cannot lose—they represented' 'Frontera.'' Bastoriaand Frontera walk away withthe experience ofcompeting areopposing countries before theInternational amongst themselvesand with studentsofother law schools(both nationaland international), byJoeAntonecchia CourtofJustice (ICJ). policy, she explained, has presented a choice improvedoraladvocacy skills,awriting sample, Thisyear'sproblem focused on nationOnWednesday, March 24,the student between managed competition and a singlealization of foreign-owned property and a nice addition to their resume, and a better chapter of the National Lawyers Guild prepayerplan, the latterofwhich "actually exists whether compensation for such nationalizachance oflanding a job. senteda health careforum to promote discusin othercountries," while theformeris merely Those law students who want further sionand debate regarding recent proposals that tion need bepaid. Theproblem also dealtwith concept. Ms. Slachmuylder ended her rea states' succession. information on JESSUPmay contact 3L Dave oursocietyfollow the example ofothercounwithareminder ofClinton'spromise to marks TheBuffaloregional team competed in Jones, Box# 145;3LHenryNowak,Box# 197; triesand adoptacomprehensive nationalhealth makehealth care reform the main goal ofhis Columbus, OhioFebruary 20 and2l. They were or2LMarcRemmling,Box #759. The JESSUP carepolicy. Thepanelwascomposedoffour presidency. She said that Hillary Rodhamthirdma fieldoftwelvecompeting law schools. officeis located in Room 12 ofO'Brian Hall, individualswithverydifferentperspectiveson Clinton's proposal will finally bereleased to and the telephone numberis(716) 645-2037. Thewinner ofthe Regional, Georgetown, adtheallocation ofhealth care in America: Dr. the public on May 3. vancesto theFinals in Washington D.C., where *News Editor's Note: This is my last DeborahRichterofPhysicians foraNational to address theforum wasMr. Villari Next Group Spotlight. It was my intention when I HealthPlan;Richard Villari,PresidentofBlue teams from around the world compete. created thiscolumn that, in each issue ofThe CrossofWestemNewYork;KarenNicholson, ofBlue Cross. Heagreed thatthe United States The Fasken, Campbell, Godfrey Comneeded health care reform, strongly opposed petition (named after a Toronto Law Firm Opinion, one ofthe various law studentgroups an attorney at Legal Services for the Elderly; the single-payer, "Canadian" plan. Hebegan would befocused on and that through this and Arlette Slachmuylder, a community orgasponsor) is heldevery March. This competihis critique by noting thatthe single-payer isa tion also deals with international law, but is groups wouldbecome better known, students nizer with Citizen Action. misnomer, because Canada's system does not limited to lLs. This semester, arecord-setting wouldlearnmoreaboutwhatthegroupsdoand Ms. Slachmuylder began thediscussion for certain pay drugs. He then pointed to the ninety lLscompeted. TheJESSUPIntramural willdo, andthatnew members wouldbeencour- by reminding the audience ofclose to fifty our two countries: differences between competitors select the eight-member team agedtojoin. Ialwaystried to write the Group people that health carepolicy is an issue which has a much larger population, more America based on oralargumentrounds only. Theoral Spotlight as ifI was writing to afirstyearlaw resonates most among the middle classes, elderly people (who need more services), seargumentsare based onthe writtenMemorials student. I remember whenIfirstcame to ÜB. many of whom are either uninsured or vere drugabuseand aliigh teen pregnancy rate. of the Regional team, which the lLs use to Itseemedlike there werea million groupsand underinsured. Inaddition tothegrowingpoliti- Headded that, as a consumer, has he concerns prepare their arguments. This 1Lteam travels Ididnotknowwhatanyofthemdid. My solution cal pressure caused by discontentamong the over care resources intoapolitislufting health to Toronto to compete with teams from Syrawas to join and takepart in just about every middleclass (seen moststrikingly in the 1991 cal arena where they will be subject to budget cuse University, the University of Toronto, group in myfirstyear. I hope that the Group senatorial victory ofPennsylvania , sSen. Harcuts and waste. As an example, he cited the Queen's College (the Canadian one), Cornell, Spotlight was a success in some small way and ris Wo fford, whoran a campaign focusing on 'tremendous problems'' facing themedicaid and other Canadian law schools. The Buffalo addressed theseconcerns. Ialso hopethat the health care). Spending on health care in the ' and medicare systems. Mr. Villari claimed team has swept the competition the last two Group Spotlightwillbecontinuedbysomeone 1980soutpaced inflationby two to one. While else in thefuture issues ofTheOpinion. There the average gross domestic product spent by that BlueCross'sadministrative costs are low years, winning every award. and that health care costs drive insurance The 1L team practices zealously for are always newgroups. And, in any event, by otherindustrialized countries is 8%, we spend premiums, not the otherway around. abouttwo weeks beforethecompetition. They the timeyou get through all the groups, itis 12% ofour GNP on health care costs. ...Health, continued onpage 3 are coached by the senior members of the time to skirt over. Peace. The current debate over health care Buffalo JESSUP Moot ('.owl Board. Justthis March 30,1993 The Opinion continuedfrompage 1 the tight employment market. The Judge encouraged the students present to "engage their studies with drive and determination." Offering adviceongettingajob.hewentonto say' 'do those activities thatwill give youthat competitive edge.'' Judge Skretny closed by speaking about the District Court in Western New York. He urged those in attendance toconsiderremaining in theBuffaloareawhen JESSUP Health CareReform and EqualAccess 3 �OPINION 4iur Volume 33, No. 15 March 30,1993 OPINION MAILBOX To:Law Students, Faculty, Administration and Staff: I wantto thankall ofyou foryour support and kindness. Knowing others care and share loss is a source ofstrength and courage, for in this way, I come to find an inner peace. my would like to sharethe following poem with you thatI have taken comfort in. I A rose grew whereall could see sheltered, beside a garden wall, And, as the days passed swiftly by, it spread its branches, straight and ta11... One day, a beam oflight shone through a crevice thathad opened wide— The rose bentgently toward its warmth then passed beyond to the other side... Now, youwho deeply feel its loss, becomforted-the rose blooms thereIts beauty even greater now, Editor-in-Chief: Vito A.Roman Managing Editor: Saultan H. Baptiste BusinessManager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Tracy Dale Sammarco Layout Editor: -vacant Photography Editor: Paulßoalsvig ArtDirector: Bill Kennedy StaffWriters: W.F.Trezevant,KathyKorbuly, SharonNosenchuck, Dan Harris Contributors: JoeKhanna, Joe Antonecchia EDITORIAL nurtured by G-d'sown loving care. Additional Funding DemandsAdditional Responsibility UB Law students have proven to be resourceful. Despite the trickle of funds the SBA provides its student groups, several organizations have managed to get into print anyhow. This year alone, two new student publications have gone to press: Circles and the Environmental Law Journal (although another, In the Public Interest. has faded into obscurity). Well, things have certainly changed now. The SBA sponsored referendum to increase the mandatory student activity fee passed, and now law students will be contributing $50 per semester to fund all sorts of students activities, such as these student publications. However, anyone familiar with the SBA budget process will realize that this seemingly bit of good news could become a nightmare. As one past SBA class director put it, the SBA can often be nothing more than a "$5O club". In the past, entire meetings have been devoted to whether a student group should get $25 rather than the $50 it originallyrequested. In short, the manadatory increase will mean nothing unless it is tied to true budgetraty reform. The last issue ofThe Opinion discussed some of the ideas the SBA has been considering, such as the concept of zero-based budgeting. It is also consideringreleasing student group funds in two installments rather than one. Whatever change is implemented, it must be such that itmakes it easier, not harder, for student groups to get at their money. Furthermore, these ideas have to be given wind not only duringthe elections, but at the very first meeting of the new SBA. Copyright 1993. The Opinion. SBA. Anyreproduction ofmaterials hereinis strictly prohibited without theexpress consent oftheEditors. The Opinionis published everytwo weeks during theFall andSpring semesters. It isthestudent newspaper oftheState University ofNew York at Buffalo School ofLaw. The views expressed in thispaper are notnecessarily thoseof theEditorsorStaffofTheOpinion. The Opinion isanon-profit organization, third classpostage enteredatßuffalo.NY. Editorialpolicy o (The Opinion is determinedby theEditors.The Opinion isfunded by the SBAfrom StudentLaw Fees. The Opinion welcomesletters to the editorbut reserves theright to edit for length and libelouscontent. Letters longer thanthree typed doublespaced pages will be editedfor length. Please do not put anything you wish printed under our office door. Submissions can be sent via Campusor UnitedStates Mail to The Opinion. SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260 (716)645-2147 orplaced in law schoolmailboxes 223 or 611. Deadlinesfor the semester are the Friday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed hy theEditorial Boardof The Opinion. ...Health, to bechanged. continuedfrompage 3 Mr. Villari seemed to favor a form of managed competition. As an example ofsuch areform plan, he describedthe Rochester plan of global budgets, which hasresulted in low premiumsand a' 'low uninsured population (although hedid notdefine whatpercentage he considers to be "low"). He said that Blue Cross supports a global budget, applied to all health care providers, withregional planning overseen by existing state agencies. Such macro management ofhealth care resources would, in theory, eliminate theredundant inefficiencies ofthe current state ofaffairs. Asan example, he said that Buffalo-area providers currently have 22 MRJ units,while our population onlyrequires 11 ofthese expensiveunits. He also cited a state law effective April 1 which willrequire certain premiums forgroup planswithSOorlesssubscrihers. Heaided his remarks by stating that reform also "obviously" includes changes in malpractice law, although hedid not explain exactly whalneeded 4 The Opinion With Warmest Wishes, Christine.Horsly Dear Editor: Whilereading theMarch 18th issueoftheOpinionI foundacartoon to beinbad taste. Equating theBuffalo Public InterestLaw Program'spledgedrivewithabunchof religious fanaticsisboth inappropriateand counter-productive. I fa cartoon wasrequired, one showing buckets ofdonationsraining down onto the organization would havebeen a better way of showing appreciation for all the hard work and dedication that goes into BPILP, and the various public interest activities they're involved with. Ireceived aBPILP grant over the summer after my firstyearand it was themost exciting and beneficial experience I obtained while at U.B. Law School. Your paper should beencouraging people to contribute to an organization as great as BPILP not sneak past it. Tnily yours, JohnJ.Jablonski Dear Fellow Law Students: This is the first and last letter I will be writing as Treasurer of the Student Bar Association. Being treasurerhas been both a satisfying experienceand at timesan onerous one. There were many times when I sat in the SBA office and seriously considered resigning as Treasurer. But I knew I had a responsibility and a duty to the students. Thereasons why I even considered resigning were due tothefact thatno onereally appreciated whatmy positionentailed. Even more discouraging were the SBAMEETINGS. I really wished more students attended these meetings and witnessed how ineffectual the SBAreally is. I can honestly say thatthe majority of timespent at these meetings was a waste ofmy time sincethe SBABoard ofDirectorsre fused to address any ofthe importantissues facing our fellow law students. Aword that wouldbe synonymous with a SBA meeting would beFRUSTRATION. I just hope nextyear's SBA Board of Directors will be moreproductiveand thatthere will bemore outside studentinvolvement. I feel itis important to pointout that any and all positive initiatives for the students was takenby the SBA ExecutiveBoard and NOT by the SBA Board o(Directors. These initiatives included thepurchase ofacopierto save studentgroupsmoney, thereplacement of old rotary phones with touch tone phones and most importantly, the hiring of an administrative assistant who helped students withreimbursements and access to the SBA office. I wouldlike to take tinsopportunity to congratu late thenew StudentßarAssociation Executive Board, the President, Saultan Baptiste; the Vice President, Paul Beyer; the Treasurer, Marc Panepinto; and the Secretary, Shirley Fang. I wishthem thebestofluck in the coming yearand hope that they will continue to address the student's concerns. At this point, I would like to thank Rika Sabinsky, the SBA Administrative Assistant, for herassistance and hardwork during thepast year. Finally, I wouldlike to extend a special thanks and appreciation to William F. Trezevant, the SBA President, for all his help and continued support. form. Firstisequalcomprehensivebenefits, so thatwhenanyonegoestoadoctor'soffice.the questionwill be " What isailing you?" and not What isyour insurance?'' Second,anational ''system ofhealth care should be fairly financed. Unlike Canada, which uses a sales tax to finance its system, we shouldrely on progressiveand sintaxes, and depart from the current fiscal shortage resulting from a regressive medicaid tax and tax breaks for the insured. The working poor, sheremarked, whoqualify for neither medicaid nor the tax breaks that many upper andmiddle class insured AmeriApart from the''alarming problem in cansenjoy, bear thebnuitofour current ineqhuman terms. Dr. Richter also explained the uitablesystem. Tliird, cost containment should indirect costs of our current health care serbe built into the system. Dr. Richter emphavices. As the monetary costs increase, accessizedthat a nationalplan would require that we sibility decreases. The growingpercentageof asa society evaluate our healthcare priorities, (JNP going to medical costs means less reespecially in defining basic as opposed to sources for education and other social proextraordinary care, that such evaluation can grams. High health care costs forces employonly occuronce we implement a democratic, ers lo lire or cut workers. accessible health care system wherethe maDr. Richter outlined four principles jority of society has a voice in articulating which she feels should guide heallh care resociety's health care priorities. Finally she Dr. Richter, aphysician serving the inner city, was the mostconcerned aboutaccess to healUi care. She said diat affordability directly affects her daily practice, changing the way she practices medicines; because of die costs, she frequently cannot give medicines which she knows are most appropriate. She saidshe "sometimescan'tsleep at night" becauseofthe luicertaintyresulting from having to compromise hermedical skills. In medical school," she said," they don'tprepareyou fortlie uninsured." March 30, 1993 StephenLee felt that the free choice of the physician is crucial in a truly accessible system. Dr. Richter felt that the single-payer model would bestrealize these fourprinciples. She described single-payer as a system devoid ofmtmnediaries (like private insiirers),where one agency collects all die funds and pays all die bills. The care wouldstill be provided by private doctors and hospitals. She said that private insurance companies, which waste money on advertising and lobbying, areiuinecessary: the same administration can be done Uiroughdiepublicsector. ShecitedaJune 1991 GeneralAccounting Officereport which found that wecoidd implement such a system for no morethan what we spend now for health care-theotdydiflerence being that everyone would receive health care undera single-payer plan. She cited surveys which showed thatdie average ('anadian receives more services than her American counterpart, and thatwhile 54% of Canadians are satisfiedwiththeir health care. ...Health. continueiionpagi'6 �Of Life, Law & Saying Goodbye Chew on This By Tracy Dale Sammarco Hasanyone else noticed aproliferation of storiesabout slumlords in Buffalo lately? Yes, sohave I. Amazinghow these things strikeone as unimportant when they don' t hit home. Well, theyhit homeforme this past week, or should I say they hit ' 'homeless. There I wasone day,sponging lazily offmy parents, enjoying the good lifeand test drivingLasers and Mitsubishi Mirages when bang, itall came to ascreeching halt. We parted company, my parents and I. Itwasn'tabad thing really; I'd been meaning to get a place in Buffalo for a while. It'llbefun I thought. "Fun"wasnot the operative word inthis scenario, I soon discovered. I must have looked atabout 15 or20 places this past week. Admittedly, someof theml justglanced at fromthecarwindow andspedonby. Someoftheseplaceswere nothing shortofobscene, disgusting,abhorrent. Here I am, armed with Freeman's wordsofwisdom on landlord-tenantrelationship s (or thelack thereof) and countless scenariosinwhichacertainprofessoroneupsyetanother evillandlord. I had apian. There werecertain issues I would notcompromise on. I wanteda place whereI could have a dog,for instance. Ha. Let's face it, 90% of the places I looked at wouldhavebeenjustplain unacceptable to any self-respecting dog. No amount of Liv-A-Snaps would have induced even the lowestpound inhabitantto accompany me into the shacksI looked at. The ironywas thatthelandlords werehaughtily unanimous on onepoint-No Dogs Al- lowed! Visions of that Snoopy special wherehe'skicked outofevery place in New York City came back to me. Only oneplace even entertained the thought ofallowing me to haveafour-footed companion inmy dwelling. Itwasa "studio" apartment the approximate size ofmy mother's station wagon. Any dog other than a Mexican Hairless would have been climbing the wallswith claustrophobia in myabsence. I mean really, a rat would have had trouble stretching hislegs in that place. So, the dogwasout, gone,nixed. My personal safetyand security was compromised. No one there to greet me when I returned home. Not a friend in the world. Another issue I was adamant about by W.F. Trezewml, Features Editor crushed by an avalanche ofMilwaukee's Best cans stackedprecariously outside. Onthe wayup we tookseveral flights ofstairs. On eachlandingweretheremains ofcases, six packs, quarts, beerballs,kegs, and pounders ofevery sort ofbeerknown to humanity and priced underabuck and a half. I thought Frank was going to tell me that therewasabuilding-widebeer consumption contest in this house which was only one of the many perks ofliving there. We passed onedoorwithaparticularlylargequantityof cans andbottles stacked outside andFrank says, "These are the guys. They'recool." Who, specifically, "the guys" were remainsa mystery tome, thankfully. Frank laterlamented that "the guys'' were moving out. Forhim, thiswasabad tiling; forme, this was a selling point. Another landlord, we'll call her Gloria, showed me two places. One,actually, because she couldn't find the keys to the first place once we arrived there. The second place was reminiscent ofthe local zoo in bothits smell and its currentinhabitants. We walked in and were immediately bowledoverby thesmell ofagasleak. Well, I wasanyway. Gloriamysteriously failedto notice this. Weproceededupthestairsonly to beaccosted by thewafting aroma offeline urine. I love cats, I swear. But that place smelled sobad that the two perpetrators of tlieodortried to launchtheirfurry bodiesout ofthe apartment and graba gasp ofaironce wegot thedoor open. lamtold that catpiss is a permanent feature once it is installed. We got the dooropen. The current tenant wasnaked. I asked ifhe came withthe place. He did not. One place advertised "hardwood floors", "fireplace", "bay window". The floors were old...real old. The fireplace? Well the woman who was subletting her apartment said,"Yeah, butI wouldn'tactually use it" The bay windowinthebedroom overlookedtheneighbor'ssiding. Itwasn't even nice siding. I found a place finally. I'm paying through the nose for itand I still can' thave my dog. My standards, I must say, are significantly lowernow. My new apartment haslocks,no apparent vermin orundergrads, and plumbing. My life is complete. StaffWriter Democracy has often beenheld out as an idealistic form of societal organization. In theory, this form ofself- rule is withoutadoubt, the mostappealing as it offers the dynamic potential for constructive change and progress within theframework ofmanagedcooperation. In practice, democracy doesnotalwaysreach good government as expressed by my predecessor. The results are in: newSBA internalfiling system,new student group binders which serve as a group history, new faculty/student committee binders, new shelving system, acopier for student groups,new telephones forstudentgroups, additional telephone lines, new lounge, this plateau. There is of course the rare creation and implementation of The instance when people working together Council of Presidents, Democratic achieve agoal orreach a decisionwhichis Senatorial Primary Debate, centralized barreview board & elimination ofpaper right amongstmen andwomen. waste with the mailbox stuffing policy. By the same token though, the dayIn addition, the work on the new to-day power given by those who are governeddoesnotexist inavacuum. Rather computer center is progressing andshould it is clothed withthesometimes unsightly soon be completed. Likewise, after a fabric ofresponsibility. A responsibility semester's worth of discussion and the weightofwhichis at times unbearable. cooperation withEllen Gibson, whohas As I sithereandreflect on this past year's been an immeasurably source assistance, SBA Administration I remember those thelibrary will be installing locks on the peak points ofpressure and can only say, I library carrels so that they can only be don'tknow how I could have continued used by law students. withoutthesupport ofmy fellow law school We cannot overlook the work our fellow students performed on thevarious community members. Yet, those moments fadeaway when faculty/student committees fromfaculty I realize how far we've travelled and in appointments which has resulted in the suchashortperiod. When BrianMadrazzo additionofnew faculty to theadmissions tookthe helm ofthe SBA two years ago, he committee which can be credited with did so with the intent ofrebuilding an the increasing quality and caliber ofour organization whose effectiveness had fellow students. experienced along ignoble decline.Ittook In short, this SBA administration him his entire administration to put the has shown that sometimes reality is not fiscal house ofthe SBA in order. Then, that far from theory. And that the most withoutfanfareork>nggoodbyes,hehanded appealing part ofdemocracy, that is the over the product of his hard work; his dynamicpotential forconstructive change understanding, goals, hopes and basic and progress within the framework of beliefs about the SBA to me with a few managed cooperation, still exists. On April 30,1993,atmidnightmy simple words. He said, "make the best decisionsyou can... youwill probably make termwill expire. Without fanfareorlong somemistakes butkeep working at it... and goodbyes, Stephen Lee and I will hand neverforget that myjoband now yours is to over the entire bundle of authority and provide thelaw studentsofthisschool with responsibility to the duly electedleaders thebestgovernmentpossible."Oh,lalmost ofthe SBA for 1993-1994.1 thinkitmost forgot, hesaid one morething,''Don'tcall appropriate to close with the words of me aboutSBA." former SBA President Brian Madrazzo, Well during the tough late night "Don'tcallmeaboutSßA." Thanks for meetings, errandrunning or dreary detail everything, The Journey Was As work, I focused on the simple challenge of Unforgettably AsThe Destination. From llene Fleischmann Attention Students: UB Law will be issuing our very own credit card within a couple of months with extremely advantageous interest rates. So if you are approached by someone offering a University at Buffalo Alumni Association Credit Card, PLEASE WATT!!! was price. I wanted to live alone and I wantedtopays3oo.ooorsoincludingutilities. Ever been forced to swallow a big, fat dose ofreality in on gulp? Yum. I got laughed at overthephone bysomany people I had nevermet before...itwas humiliating. Oh, another thing that I didn't even consciously decide on, but I just sort of assumed I could expectwere appliances. Since whenis a fridge ora stovea luxury? Goodlord. Getmeahotplateandacooler and I can whip you up a ShrimpScampi to die for. Look, I want an apartment to feel asthoughlhaveahome,aplaceofcomfort andrefuge where, incidentally, I can EAT and, pursuant to that,COOK. I actually had one guy try to wriggle out ofshowing me a place because I mentioned that I had looked at somereal holes lately. He says' 'Well, I don't know how nice you want it...",and, "I'vegot another place on Elmwood I can show you for a LITTLEMOREMONEY." I should have known right then,but I looked at itanyway, fool that I am. 1 AlOWDfiy I \7V£SD/)y I \QJ£Dfi/£SDfiy\ ho°/. CHANCE W/CHANCE 5% CHANCE %^^^ Anotherclown named Frank showed meplaceforhisshunlordbrotherScolt. We waded through, honest to god, six oreight inches ofchicken wing bones to gel to the outside door. We entered the building as quietly as possible in order to avoid being March 30,1993 The Opinion 5 �Chair of PERB Speaks at UB Law ...Sandinista, continuedfrontpage 1 livesof 1.5millionNicaraguans. Although the International CourtofJustice foundagainst the United States for the mining ofNicaraguan harbors during the early years of the war, the United Statesrefused to submit to the court's jurisdictionand refused to pay the $17 billion orderedas reparations forthe incident. Finally, in 1990, the United States benefitted from itscontinued fueling ofcivil unrest in Nicaragua. In the most heavily monitoredelections in theentireworld to date, a coalitionof 14parties backed by theU.S. won 51 %ofthe voteto oust PresidentDaniel Ortega andhisSandinistagovernment. Enriquezcalls thecoalition' 'the greatest fruitcocktail Nicaragua everproduced,' ' since it included parties across the entire political spectrum. The coalition was headed by what Enriquez calls an "oligarch," the widow of a newspaper publisher who had also opposed Soinoza. The candidate, VioletaBarrios deChamorro was thebest"kissand makeup candidate,'' and she was a friend ofthe United States. In the end, what all the coalition parties had in common was that they wanted an end to the bloodshed. Nevertheless, theSandinistaparty alone got 41 %ofthe vote in that election and still remains a forceto bereckoned with in Nicaragua. Enriquez, in fact, stillbelieves that it is the only party which represents any hope for change. According to her,' 'all the achievements ofthe' 80s are in danger ofdisappearing despite the legal framework set up [in the constitution] to insure them." What is occurring now in Nicaragua, Enriquez continued, is the feminization of poverty. Theonlywaytocombatthis,shesays, is through thefeminization ofpower. Sheplans tocontinueto strive forthisasamemberof the Sandinista party, and her work here in the Northern Hemisphere involves making the United States, particularly the new administration,understand thatthe Sandinista party is stillactiveandworking to ensure humanrights for all in Nicaragua. ..Rights, continuedfrontpage 3 carryaway withthemthe sense ofcourageof those who testified and to leave the evening determined that v iolence againstwomenmust come to an end. ÜB's Human Rights Center, in association withThe International Instituteand Vive, sponsoredthehearing. Copies ofthe testimony will be sent to Antoine Blanca, the Secretary General ofthe WorldConference on Human Rights, which is being held in Vienna, Austria, during June. ...Health, continued frompage 4 only 10% in die U.S. are content. While she acknowledged that 450,000 insiuance jobs would belost with asingle-payer system, she said thatthese are highlyskilled workers who could obtain jobs in the health care system. Dr. Richter remarked that Clinton's managed competition is a "bad idea. .a mess," and that it would limit patient choice and increase bureaucracy. She also agreed with Mr. Villari that we should immediately engage inregional planning totransfer super- . fluous equipment andend gross disparities in hospital facilities. Finally,KarenNicholson, an attorney at Legal Services for the Elderly in Buffalo, described the role of the legal advocate in obtaining health carefor low income clients. She said thatalthough thereare five sources of health care—private, veterans, Medicare A or B, and medicaid—many ofherclients are still uncovered. She explained that even ifaclient obtains medicaid, fewdoetorsaccept themedicaid card. Applying for coverage is particularly burdensomesincen< me ofdieg<>veninien- tal providers communicate withoneanother, necessitating fourdifferent sets ofpaperwork and thereby driving upadministrative costs. Nicholson agreed with Dr. Richter that managed care would reduce choice. 6 The Opinion byKevin P. Collins, News Editor In New York State, 92-95%0fall public employeeswho are eligible to berepresented by unions are union members. In striking contrast, nationally only 15%ofthe eligible privatesector employees are unionmembers. On Wednesday, March 24, the Labor And EmploymentLaw Association (LAELA) presented the person in charge ofthe stateagency which covers public employees, Pauline R. Kinsella, Chairperson ofthe New York State (NYS) Public Employment Relations Board (PERB). Ms.Kinsella addressed the students in Professor Wade Newhouse's' 'Collective Bargaining in Government class and other interested law students. Ms. Kinsellahas been chairofthePERB for two years. The PERB, a three-member board created underthe New YorkStateTaylor Law, handlesall public sector labor relations in New York State. Ms. Kinsella will soon be up forreappointment, and ifreappointed she will serve for asix-year term. She is currently finishing the last two years ofa prior PERB chairperson' s term ofappointment. The PERB has two sections. The first deals with improper practice cases, mainly addressingrepresentation and bargaining matters. The secondsection ofthe PERB takes part in impasse procedures,which involves declarationsof impasse, mediation andarbitration. The PERB has a staffof ten mediators, whodo initialfactfinding and arbitration work on behalfofthe agency. Ms. Kinsella pointed outthat 1300cases werefiled before the PERB over the pastyear, in contrastto 900justthree yearsago. There are 4000 bargainingunits in New YorkStatecovered by theTaylorLaw and the PERB. Ms. Kinsella addressed how she envisions the PERB handling such a largenumber of cases and bargaining units with a limited staffand budget cuts. Parties are encouraged to speed up the pace oftheir cases because of the case load. She wants to encourage the Administrative Law Judges (ALJs) to really "getintothecase." In the future, Ms.Kinsella believes the PERB willpush harder to establish themostappropriate bargaining unitand, correspondingly, will deal withthefragmentation ofbargaining units, in which many employees inthe unionfeeltheyare withouta say. Ms. Kinsella wants to see morestability way the the PERB cases are decidedand she in further desires to amplify PERB decisions, making them more detailed. Duetothelossof a largeamountof State and local government funding, Ms. Kinsella is leery of the large increase in the PERB's caseload. She mentioned how the 1980s spawned a care-free economic attitude, withemployers often giving employees raises. Now employers claim they can afford nothing. Ms. Kinsella remarked that this is an unrealistic position, because the unions will most certainlyreject this contention. Ms. Kinsella pointed out that, in the past, there usually wasa threeyear collective bargaining agreement(CBA) with double-digit wage increases. Today, she remarked,aCBA may have a 2-3% wage increase over three years. Ms. Kinsella believes that the current political situation hurts both employers and unions, putting pressure on both to achieve mutually incompatible ends: for employers, everytiling but no wage increases is badand politicallydangerous; as for unionleaders, itis now politically dangerous to go back to the membership withless than the wage increases ofthe 1980s. During the questionand answer session following her speech, Ms. Kinsella fielded a numberofquestions from the audience. She remarked on therecent Graduate Student Employees Union (GSEIJ) certification election victory here at I 18. Ms. Kinsella stated the definition ofan employee under theNYS Taylor Law is very broad, unlike manyother states. Thus, in NYS it covers Graduate Assistants (GAsjand TeachersAssistants(TAs), whoare bolhstudcnlsandenipkiyeesofNYS. She also March 30, 1993 shared her thoughts on onearea in which the GSEU might have some difficulty in bargaining with NYS, that ofissues related to individual student status, in contrast to issues related to individual employmentstatus. She pointed out that mere must be a clear line of distinction between collective bargaining on issues which are in the contextof employment status and those which are in the context of student status. Ms. Kinsellastatedthatcollective bargaining takes place not in the context of student status, but rather in the context of employment status. Ms. Kinsella believes that the public does notfully understand PERB'srole when a labor dispute arises. PERB administers the Taylor Law, yet, at the same time, it is also limited by thelaw. She sees themostcommon public misunderstanding in thecollectivebargainingarea. The PERB's sole function is to facilitate a process, not produce an outcome. ThePERB, withMs. Kinsellaas Chair, covers all the public employees and employers in New York State. It isan efficientstate agency which operates with a limited staffand under severe budget cuts, while facing a greatly increased case load and an increasingly large number o fbargaining units. FIRST ANNUAL WORKERAND CONSUMER RIGHTS CONFERENCE TOMORROW!!! Speaker Attacks "Falling Down" byJoeKhanna TheAsian-American Heritage Week sponsored by the Asian-American Law Students Association (AALS A) came to a close on Thursday afternoon with guest speaker Elizabeth Ouyang, a StaffAttorneywith New YorkCity's Asian AmericanLegal Defense and Education Fund(AALDEF). Ms. Ouyang discussed effortsbeing made by herorganization, AALDEF, in New York City, such as bringing law studentsand attorneys in contact with Asian crime victims to assist in communications with policeand the DistrictAttorney' s Office. She noted theefforts being made to establishaNational Network thatwould putpressure on prosecutors to more vigorously pursue these cases. Ms. Ouyang stressed the importance ofeducating the community on how to "plug into this network. Ms. Ouyangspoke about a Corral Springs, Florida case in whicha Vietnamesepre-med studentwasthe victimofaracially motivated murder. Afteramassive letter-writing campaign, a second-degreemurder chargewas obtained. Ms. Ouyang further stressed the importance of community awareness and pressure on prosecutors, citing aNew Jerseycase in whichanIndian doctor was the victim ofaraciaUy motivated assault and battery. In this case there were no arrests madefor two years. After AALDEF and the National Networkworked toget the FBI involved, it was uncovered thatthe prime suspects in the attack included apolice officerand the son of another police officer. Both were arrested. Ms. Ouyangalso discussed what shebelieved were the main reasons for impeded Asian integration into the socio-political system in this country. Among these is thelong history of discriminatory immigrationlaw quotas, whichwere notlifteduntil 1965. ShesaidthatAsians couldnotbecome nationalized citizens until 1952. Ms. Ouyangalso stressedthe negative impact ofthe Japanese internmentcamps initiatedby the government withoutevidence substantiating government allegations that Japanese-American spies were giving security information to Japan. Additionally, Ms. Ouyang attacked the recent movierelease Falling Down", starring Michael Douglas, as furthering false negative attitudes about Asian-Americans. She had a complete copy ofthe manuscript, from which she read several lines ofdialogue spoken by MichaelDouglas' character as he enters a grocery store ownedby aKorean businessman early in the film. She claimedthis dialoguefrom the film wasanunfounded socialand politicalattack onimmigrants in this country. Ms. Ouyang emphasizedthatthis type ofmediatreatment hinders positive racial relations. Asian HeritageWeek byJoeKhanna The Asian-American Law Students Association (AALSA) sponsored last week's Asian American Heritage Week at the Law School. It was aweek-long celebrationthatfeatured food, films and a guest lecture by Elizabeth Ouyang, the StaffAttorney forthe New York City-based Asian American Legal Defenseand Education Fund (AALDEF). These events wereintended toraise community awareness ofissues ofconcern to Asian-Americans. Two films were shown duringtheweek.''Blue Collarand Buddha examined misconceptions about Southeast Asian refugees living in Illinoisand therole ofthe Buddhist Church in the community. TheAcademy Awardnominated film' 'Unfinished Business documented thestory ofthreemen whorefused to be interned andwere imprisoned forviolatingExecutiveOrder9o66,andtlieirsubsequent efforts toreopen theircases and have theirconvictions overturned. The Asian Food Fair, held last Wednesday, was a tremendous success. Members ofAALSA had preparedvarious Asian delicacies, which completely sold out in less than thirty minutes. The week concluded with guest lecturer Ms. Ouyang, who discussed current issues in theAsian- American community and theroleofherorganization, AALDEF in New York City (see related article, this issue The Opinion'). Withthis long, hard week behind them, AALSA members are now focusing on nextyear. They hope to get an early start, attracting new members from next year's class right away. The organization willbe in a building phase,withthefollowing four officers graduating this year: Maxine Lee, President; Alice Tarn, Vice President; CharlieLiv, Secretary; and NaoyaKano, Treasurer. AALSA elections are scheduled to be held before the end ofthe semester. �ewrewredwr werf WHERE: DEAL: Non-traditional careers: Financial Services Tuesday, March 30,2:30p.m. RmlO6 Non-traditional career opportunities with Met Life. All students invited. WHAT: Alternative Dispute Resolution/Arbitration/Mediation Panel WHERE: WHEN: RoomloB,O'BrianHall Tuesday,March3o,s:3o-6:30p.m. Speakers include Kevin Powers, Federal Mediator/Arbitrator; andDavid Polino, BetterBusiness Bureau and Dispute Resolution Center. Sponsored by the Women's Bar Association ofthe State ofNew York. WHAT: WHEN: DEAL: You can live in the heart of historic Greenwich Milage this summer. � Central NYC location in charming neighborhood � 1-3bedroom suites in modern, air-conditioned, 24-hour security apartment buildings � Excellent living facilities for individuals and families � Eligibility to buy a pass to use NYLTs sports and fitness WHAT: WHERE: WHEN: DEAL: "FatherKnowsßest" Woldman Conference Theater, Norton Hall (second floor) Tuesday, March 30,6:30 p.m. A play aboutliving with domestic violence. Presented by theDomestic Violence Task Force. Admission is free. WHAT: WHERE: WHEN: DEAL: Seminar on Financial MattersEssential to New Attorneys Room 106o'BrianHall Tuesday,March3o,6:3op.m. Conducted byrepresentatives ofBuffalo Financial Associates. Refreshments will be served. WHAT: WHERE: WHEN: DEAL: Fatal Encounter With Justice: The Death Penalty O'Brian Hall,Room 108 Thursday,April 1,2:00p.m. Discussion by Nobel Prize nomineeRev. Joseph Ingle. I WHAT: WHERE: WHEN: DEAL: Fatal Encounter With Justice: The Death Penalty , St.PaursandSt.Mark sUnitedChurchofChrist,lBsNiagaraSt.,Buffalo Thursday,April 1,7:00p.m. Discussion by Nobel Prize nomineeRev. JosephIngle. J NAME I ADDUSS I cmr/state/zir code REV. JOSEPH INGLE, author and activist, discusses THE DEATH PENALTY Thursday, April 1 at 2:00 p.m. Room 108,O'BrianHall PHI ALPHA DELTA LAW FRATERNITY, INTERNATIONAL Cordially invites all PAD members, PAD alumni, law school faculty, and their guests to PAD 9s "END OF YEAR " DINNER to be held at The Macaroni Company 60 Maple Road, Amherst - Wednesday, April 21, 1993 6:30 pm Cost: $ 11.00/per person forDinner Also Cash Bar Happy Hour Anyone planning to attend who has not received a Reservation Form, please drop a note in Box 430 indicating your name, number in party and your telephone and box number, Please indicate if you are a PAD member or Faculty. Your reservations will be confirmed and payment collected at a later date. For more information call Joe Khaniia at (716) 875-2520. noncredit evening lecture series I F°r more information on the HpHMNfI I Summer Uvtng Pfvgiwnt at the NYU School of Law residences, I please return the I coupon below or call I 1-212-998-6512. center, free, R1 I I \~MmUu. NYUSchool ofLaw j— Approximate dates of stay? ■ Summer Living , I I 40 Washington SquareSouth New York. NY 10012-1099 I Far 1-212-995-3156 I() ' From DAY TELEPHONE ] SCHOOL( COM?ANT / AFFILIATION to i I " ( 1 -71 EVENING > TELEPHONE |_AWJM M^n,iy^«i^fc-Mt-.««~trW.»i .■■,—»— __ I " At_j PUBLIC NOTICE THE OPINION EDITORIAL BOARD ELECTIONS Tuesday, April 13,1993 at 5:00 PM Editorial Board Positions: Editor-in-Chief Managing Editor NewsEditor Business Editor Features Editor Layout Editor Photo Editor Art Director For a list of responsibilities, see The Opinion Constitution on the doorof Room 724. Please submit a written letter of interest for a desired position(s) to Box #223 no later than Monday. April 12.1993 at 5:00 PM. Interested candidates should be available for an interview with the Editorial Board on the day of election March 30,1993 The Opinion 7 �BUFFALO LAW SCHOOL BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE TUESDAY, MARCH 16 1) 1993 BOOK DISTRIBUTION BEGINS (Additional distribution days: 3/31 & 4/15) 2) CLASS OF '93 N.Y. DISCOUNT ENDS - $150 ($5O April 15) discount until NOTE: - CLASS OF '94 $150 N.Y. DISCOUNT CONTINUES UNTIL APRIL 15; CLASS OF '95 & '96 $200 N.Y. DISCOUNT CONTINUES UNTIL APRIL 15 - THURSDAY, APRIL 15 LAST CHANCE TO: 1) SECURE A DISCOUNTED TUITION 2) PICK-UP BOOKS THURSDAY, MAY 20 NEW YORK COURSE BEGINS AT LIVE LOCATION WEDNESDAY, MAY 26 NEW YORK COURSE BEGINS AT TAPE LOCATIONS SATURDAY, MAY 29 FILING DEADLINE FOR JULY 1993 NEW YORK BAR EXAM BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cee088700fcf7215974bc4a95a34a63b.pdf c691b43be86d89efe5c2a4fa717e2164 PDF Text Text THE ONION Volume 33, No. 15 March 30,1993 "All the News that Fits in Print!" Battle of the "Bourgeoisie" Set for May 16 by Cash S. Clay Special to The Onion They' yebeen sparring witheach otlierat every trendy law school' 'kegger'' party for (lie last year, but now they'regoing to duke it out one last time, in the fight ofthe year. Unlike professional boxers, however, these two champs don't fight in a weight class, they fight in the social-political class know as the "bourgeoisie liberal-left," or "Bourg'ees", for short (pronounced «bu'-jeez»). On May 16, UB Law third year Scot '' Spittle" Fisher will battlefellow third year Scott "By Hook or by Crook" Rudnick to decide who's the better "Bourg'ee." Physically, these two fighters couldn't be more different. The tall and lanky Fisher has a definite reach advantage over the short and paunchy Rudnick. Although slower to the punch, Rudnick has the clear "law school brawl" advantage,having tangled withnone otherthan the oh-so-lanky Federalist Papers editorNorbert Higgins. Last year's Higgins conflictmayjusthavegivenßudnicktheedge heneeds forthis upcoming fight. The fight to end all fights between the two is scheduled to begin following thegraduation ceremony. Althoughitwould be ideal to hold the event in Alumni Arena, while the family and guests of the graduatingclass are still present for the spectacle, fight promoters Bill" DonKing Trezevantand Saultan' 'Flash in theBucket Baptiste, have not been able to work out a deal with the Administration for charging admission to the fight. "Iworkedhar nurturingFisher forthis fight whilehe served wanna say that when I go to a party and Scot on the SBA. The Administration hasanother Fisher's there drinking, youknow,I justwant thing coming ifthey think I'll be generous on to say.. .uhm.. .Why doeshe doit?.. .No, he's this one. I' 11even use my contacts on thelaw ...Battle, continued on page2 school faculty if I have to," commented Trezevant. He has taken a hardball stance in the negotiations. However, Baptistewasmorephilosophical, saying that "as the newly elected SBA president, I have theresponsibility to generate income forthelaw school studentbody wheneverthe opportunity presents itself. These two shouldn't be allowed to make a spectacle of themselves for free.'' Fisher, reached forcommentearlierthis week, said [he] has nopersonal gnidgeagainst "Fighting is so violent, I find it utterlyrepulsive.. .and I never engage in it. .but, you know, . -ScottR.- Rudnick, but, like,you know, itslike whenyou have abad hairday,which I always am having, oryoucan'tget that messageonyouranswering machine right like.. .like.. .itjusthappens." Rudnick, however, feelsFisherhas been stepping on his toes for some timenow. " I just "Planet Janet" Gets the Call hi 1987,ProfessorLindgren wasasked to by Russ T. Bailiff' President Clintonannounced his first return to UB to redesign dieResearch & Writnominee to replace retiring Supreme Court ing program. Withgreatreluctance she left the JusticeByron White. The proposed new Jus- popularsitcom, and took onresponsibility for tice will be Professor Janet Lindgren of the theentireResearch & Writing program. ProfessorLindgrenbelievesthatshehas Universityat Buffalo SchoolofLaw. The president voiced a great deal of thoroughly shaped theprogram. She feels her enthusiasm over his choice of Justice. He successors will be able to follow her program especially noted her great oratory skills,which and continue to teach students the excellent have madeher quitefamous atÜB. "She'sa methods she implemented. '' I have full faith far more interesting speaker thanme," said the in Professor JohnHenry "Jack" Schlegeland president. "I'm especially impressed with her Audrey Koscielniak [formerly Directorofthe perfect timing ofknowing justwhen to finish CareerDevelopment Office],who will betaka speech. I believe I could learn a lot fromher." ing over the program inmy absence.'' Reactions among the eight Supreme The president also noted her warm personality. He said howmuchhe and Hillary are Court Justices who may be working with impressedwithherpersonablequalities. First "PlanetJanet" were varied. JusticesBlackmun Lady Hillary Clinton commented, "On only and Stevensboth voiced enthusiasmovertheir our fifth meeting she remembered my name. upcomingretirements. ChiefJusticeRehnquist She even said 'Hi' toChelsea the seventh time complained about the typical choice ofany Democratic president. Justice Scalia, with a she saw her." ''Planet Janet, as she isaffectionately gleam in his eye, commented "I'm sure she'll referred to by her students, has had a long and do a fine jobofspeaking for the liberal side of diverse career. She began her career acting the Court.'' JusticeSouterhad nothingto say. Justice Thomas was most enthusiastic with Great Britain's own Royal Shakespeare Company. Herroles ranged from p lay ing the about working with Professor Lindgren. He "third sailor" to playing the title role in commented, "I'msure she'll makeafine, fine "Othello." Justice. That commanding voice and those In 1970 she left thecompany topursue funky boots really turn me on.'' ProfessorLindgren islooking forward to a legal career in the United States, joining the Faculty ofUB Law in 1973. She engaged in serving on the Supreme Court. She comseveral projects at ÜB. Her most notedproject mented, "I'm very excitedaboutworkingwith was designing the currentcourse registration Chief JudgeWapner. And I can'twait tohear procedure for the Admissions and Registra- an oral argument by the great attorney Perry Mason.'' Shealso mentionedherplans to teach tions Department. In 1982, Professor Lindgren took a theother Justices her innovativeresearch and lengthy sabbatical from the law school to writing skills. Students and faculty at UB Law are briefly return to her acting career. From 1982 to 1987 she starred in the popular sit-com wondering how they' 11fill the huge gap left by ' 'Cheers.'' Fans mayremember her as thevery ProfessorLindgren. So far, applications have down-to-Earth waitress Diane Chambers. beenreceived from formerUßLaw Professor According to Lindgren, "I wouldn't even call Jeffßlum,retiringU.S. Attorney DennisVacco, that acting. The character justcame naturally Governor Mario Cuomo, and U.S. Supreme Court Justice AnthonyKennedy. tome." Broadway BobArrested! Occasional law schoolparty crooner Bob " Broadway Gormley was taken into custodythis pastFriday for fraudulently collecting foodfor thehomelessand then eating it himself. Bob, whois verypopular figure throughout thelaw school, began collecting food for the homeless outside the library lastyear. His initial efforts were very successful, and thetable soon began appearingregularly. Strangely, though, Bobrefusedassistance . from other law students. The arrest may explain why. The investigation intothecrime was long andmethodical Infact, no one had reason to suspectBob ofanywrongdoing untilhe beganbreaking violently smelling windin class sometimesaudibly windwhichcould only bethe product ofacertain unpopular brand of canned chili he regularly collected at the table. Though his fellow students grew accustomed to the smell, they couldn't help but wonder. Bob's behavior became more suspicious this past semester, however, when he beganrequesting certain brands fromhis donors,and even specificfoodsofeach ofthose brands. Some donors questioned therequest, but Bob explained thatthehomelesshe was helping simply happened to have good taste, and, coincidentally, liked the very same foods he did. Fellow studentsalso noticed how Bob had begun to buldge at the sides. An anonymous tip finally didhim in. An Erie County Sheriffs Office operative plantedamarked food item atßob'stableand then followedhimhome. When the SWAT team kicked in Bob's door, he was in the midst ofplacing the marked box ofmacaroni and cheese into hismicrowave. He offered no resistance, yet demanded to be allowed to finish hislastfree" meal. He is now being held withoutbail at Erie County holding - center. - �Battle, continuedfrompage 1 gottagetdrunk first" Rudnickadded, "Fighting is so violent, I find itutterly repulsive.. .and Ineverengageinit.. .but,youknow,hejustgets mygoat. Well, all I have to say is that,by hook orby crook,l will bring him down in thisfight" Independently, both Scotand Scott agreethat there is simply not enough room for both of themhereoranywhere. What trulyhas givenrise to thedisputes between these two members ofthe seemingly samepolitical camp remains amystery. Both are ferventNLG members, both hog thefloor atSBA meetings, bothparticipate ad nauseam in the samebourg'ee liberal, touchy feely law school seminars. Who knows? Maybe its simply that onelaw school is simply not big enough to hold two knee-jerk liberals at the sametime. In any event, only onewillprevail come May 16. May the best Scot/Scott win. NEW COURSES FOR NEXT YEAR Law School Comparison Negotiatinglnstruments -James Atleson Using the banjoas a primary example, this seminar will focus on the use ofmusical instruments, as well as vocals, to bring management representatives to their collective knees. Enrollment is by permission only,and a screening will be held. Ton a wanda Creek, A GlobalPerspective -BarryBoyer This lecture will examine the devastating globaleffects ofenvironmental damageto our very own backyard waterways. Register now—so%ofclasstimewillbedevotedto field visits in order to get hands-on experience in cleaning polluted sites. Tenureand theWorld of Legal Academia -Charles Carr Thislecture looks at the confusing nature of the tenure process, the role of other Faculty members and resolution of tenurerelated problems. Guest speakers to include Lucinda Finley and Jeffrey M. Blum. -LucindaFinley This course will focus on the radical differencesbetween law students fromaround thecountry, particularly YaleLaw School and ÜBLaw. Emphasis will be on identifying the cause, and charting thedevelopment, ofthese differences. Library Etiquette -EllenGibson This lecture willaddress the problems inherent in law students usinga library before theyare matureenough to handle any responsibility. It will particularly focus on having respect for othersand for library materials. Advanced Legal Writing -WadeNewhouse This seminar will focus on the art of writingmemos and the properuse o fextensive footnotes and appendices, particularly when approaching the topic from a historical perspective. The Art ofLegal Instruction -John Henry Schlegel This course compares instruction in Expert Witnesses black-letterlaw to instruction by way ofmean-Charles Ewing ingless '' legalramblings. The focus will be This seminar will be devoted to use of on establishing thatramblingsprovecontract expert witnesses in litigation. It will specifilaw is dead and corporations law is wholly callyaddress the useofthe samepsycho logical defined by The Wall Street Journal. experts by both parties. Rudnickhadthe upperhand overFisher at a recentLaw Schoolparty. Pope Blesses UB by Yod Crewsy, Special Reporter Pope JohnPaul II came to ÜB's North Campus on Saturday, March 27, 1993 to offera special benediction forthe thousands ofstudentswho study here and are thus subjected tothis architectural nightmare. He was overheard as he cursed the layout ofO'Brian Hal 1 during his tour, but seemed content tospend his time at the new SAC. The Pope also said a quickprayer forthe soul ofthe one who designed these "buildings from Hell," and wished all ofus good luck with upcoming exams. The Pope tooktime out ofhis busy schedule to grantaprivate visit to Prof. JeffBlum. When askedaboutthisvisit, Pope JohnPaul II replied, "thebastard served me whileat the Vatican." However,the Pope adamantly refused to grant a similar visit ot Prof. John Schlegel. i* t 2 + / -9 I- >> ' $$$'■'■'•'■ ■■ il Ik 11 11 SI I II �WHAT'S GOING ON? "OSCAR DIALOGUE" The following are excerpted snatches surprised at howmany guys in theHibernian ofaconversation between The Onion' 'Cheap Society developed crushes on Dil. If they Seats" critic, Bebe Zeke, and Marcus ever grow up and graduate to the Ancient Abraham, an up-and-comingNew YorkCity OrderofHibernians, theNew York City St. screenwriter. Patrick's Day paradecould take on a whole new complexion. Marcus, time BZ: Well, it's Oscar MA: What I wonder is what would again. Anythoughts to start us offwith? MA: Yeah,sure. Yaknow,on Sunday happen ifLt. Col. Frank Slade (Al Pacino 's I spenttheafternoonswitching back andforth role in "ScentofaWoman") crossed paths between "March Madness" and "Dirty withDil (Davidson's character). BZ: What do you mean? Harry" and I thought, "Geez, they don't make movies like that anymore.'' MA: Well,Frank Slade, whois blind, BZ: So, what's the connection be- confesses thatthere is nothing in the world tween ''Dirty Harry and Oscar. that gives him more pleasure than women. He is areal connoisseur. One ofthe skillshe Noapologies Simple. Noguilt. MA: for blowing some dirtbagaway. I think we has honed is the ability to identify the parshould celebrate sex and violence, not run ticular typeo fperfume or soapthata woman awayfromit Inhisnewmovie, "Unforgiven," iswearing,merelybycatchingawhiff. My we geta big dose ofClint, but without the question is: If he passed Dil on the street, wouldheknow? glint. BZ: What do you think ofPacino's BZ: "Unforgiven" hasalsopicked chances? up acoupleof Best SupportingActornomiMA: He'smypick. Howcanyounot nations forGene Hackman and Richard Harris. Anything there? vote foratough,old guy wh6likespussy cats? MA: Richard Harris looks an awful BZ: Actually, the whole idea of lot like my dead grandfather. It's the white identifying awoman by the way she smells hair and the booze-creased face. I guess the reeks ofpolitical incorrectness. Perhaps, a lessonis thatexcessive alcoholism works for ripe topic for a Professor Isabel Marcus character actors, but not for Taystee bread seminar. But,let'smoveon. Whodoyoulike truck drivers. for best actress? BZ: So, who do you like in theBest MA: Susan Sarandoninacakewalk. Now that she's kept her shirt on in two Supporting Actor category? MA: Gotta go with Big Jack as the consecutive flicks, I think the old farts atthe bad-ass Grand Poobah from Guantanamo Academy willfinallyacknowledge her work. Bay. Some people are talking about David BZ: Best Supporting Actress? Paymer for Billy Crystal's agent/brother in MA: GottagowithMarisaTomeifor "Mr. Saturday Night," but any time they "My Cousin Vinny." It'sabout timefora trowel onthe make-up to make him looko Id Brooklyn accent to get its due. Besides, I I just want to throw up. liked her lipstick. BZ: WhataboutJayeDavidson,who BZ: Any comments about movies has gotten so much press for the supporting that weren't nominated? role in "TheCrying Game?" MA: Best line in a movie: I don't MA: Finally, somefrontal nudity. It wantto giveit away, but ifyou seePassion justdidn't twirlmybaton. It did seem to be Fish" think "analprobe." I also was very abighitwith the "bourg'ee" crowd though. fond ofJenniferJason Leigh' s performance BZ: Yeah,hereatschooltheLGLSO in Single White Female.'' She wins my and the NLG really dug it. Frankly, I was award for BestFemale Onanist. CLASS NOTES FORTHE CLASS OF 1993 ing in illicit "Phone-Sex".. .ACCorDemployee, and 3L here at U. 8., wins award for , sexism; 'bridging the gap between life, love, and law school-known to be contemplating marriage.. .Irish-Spanish princess, still turning 'all sortsa' heads and other things when she dances.. .Accordionplaying3Lisjoininghis folk singing bride-to-be formusicand grazing. Head-Fed defendshisrelative DavidKoresh as aLibertarian exercising his property rights. Third Year dog-boy hater with an intense interest in criminal law practice to receive the' 'Dahmer'' Fellowship, a one year grantto work on conjugal visitationrights for .Rumor has it thata certain Jeffrey Dahmer.. , 'Zionist law student has shed his repressive cloth and willbe marrying his "shiksa" sweetheart Also, in the marriagevein,a soon to be law grad from Illion, N.Y., will marry his SCHOOL NEWS father's second cousin.. .Sources have conWomen: firmed that a U.B. Law Sri-Lankan male is Recent Study shows that U.B. Law being investigated in relation to the World Trade Centerbombing.. .Onabrighternote,a School women have more sexthan womenat certainMs. 3L Law Review wonan award from any otherLaw School. In anon-genderpreferAARP for her achievements'and endeavors ence test, they topped the list U.B. Law School withthe elderly. .A3LmalefromN.J.wonthe men, however, were at the bottom of the sex Revlon Hair Coloring Grantfor 1993, which frequency list. Figure That Out??? (Except for includesalightershadeofblond.. .An illustri- MoisesJuliao) ous near-grad, "the moon" from Boonville, School Ranking: is a Medical in taking part experiV., U.B. N. U.B. Law School also ranks in the top mentfor'Phallic' enlargement.. Word has it, quarter ofall law schools among people who alittleMarc Hirschfield is on the way.. Our know nothing about law school education. The current SBA President has turned down an ranking suggeststhatthese "LA. Law' '-watchAfrican-AmericanAward, acknowledging his ing peoplemoreaccurately represent our stutrueItalian ethnicity.. .Onamuchsaddernote, dent body. These people praised the general 3rd yearPalestinian explodes on his 11 th trip feelings ofapathy and thedenialofreality so to a buffetline; his tragic deathmarked by a prevalent in our curriculum, and expressed a loud belchfollowed by his explosion.. .Opinion strong desire to apply here. Editor to be taking job with Little Caesar's Employment News: Corporation as 1994 Pizza Poster Boy.. .3L CDOhascompletedastudy which shows Asian ex-rugby hunk soon to meethisarranged that9o%oftheClassof 1993 willbeemployed. marriage bride.. .Resident P.C. long hair at .at some time in their life. U.B. Law to take offer with Grateful Dead as Help News and Future a' 'roadie".. .Congratulations also due to 3L 'Mare' from Queens, future Gossip Columnist Events: for the NationalEnquirer.. .a Sushi-Chef 3L Hibernian Society toofTerAlcoholCounhasbeen cited by the ASPCA inrelation to his seling at the Left Bank, located on Rhode house pets and his creative culinary treats.. Island in downtownBuffalo. Sessions startthis .Love at law school, Bridgeport Ms. Red to Wednesday. marry 3L Maharajah Mahatma.. .Ardent 3L Circles & the NLG will be offering a Giants fan, seenwearingBillsattireand listen- workshop on " Sexual Harassment and Sensiing to Springsteen on the'Back Nine.. .On a tivity in theWork Place.'' Subject feature the note of Taste, Law Review Chief cited for week: "Debbie doesDallas." All may come. cruising local high school parking lots.. .3L Condom machines to be installed in the Spanish stud is facing FCC Charges for engagWomen'sbathroomsatU.B.Law. . ... . . r--—------n I attention Graduating Seniors CAPANDGOWN RENTALSPECIAL ONLY $9.99 /psthyKorbvJLyt© CLEflft COMPLEXION 5 Goodfor One Day Only!! / By" awr>- Jam A|\\ /" y \ V~n—/ exposure fo *' "imam ■■iif%- B&/J* ■■I;"iV>VB ' °Pen ,n <Vo"V reseS** # '\1 f -toned tummy rSSrmIRA F fros )-(Ar~-from Sleuchino ° XJ 7' 1*WLiNG ' A *4^VS IBhoursl v )) J C/ sitting "^ ProfessorDavid B. Filvaroff shows offhis impressivephysique at the recentLaw School Open House in orderto enticemore women into attending thislawschool March 30,1993 The Onion 3 �Kennedy Comes Out of Closet Fighting BillKennedy rallies the troops infront ofCDO, Kennedy, behind, with proud friends Chris Marks, Ericffdaseand'PaulDell(I. tor.) byPhilMcCracken OnceagainBillKennedy .knownprogressive leader in thefightagainstbattered women and ardent supporteroftheBuffalo Public Interest Law Program, recently branched out in support ofsocially disenfranchised peoples everywhere. OnMonday,March29, Kennedy began his own personal crusade against discrimination outside ofthe firstfloor classrooms by chanting, withanoticeablelisp, "1,2,3, 4, Open up the Judge Advocate General Corps, 5,6,7,8,U8 shouldnotdiscriminate!'' Although Kennedy appeared alonewhen the protestbegan, he soon worked the entire studentbodyintoarrenzyashemarchedinandout ofthe variousclassroomswhilelimp wristedly carrying a sign whichread,' 'Stop UB From Discriminating." Within no time Kennedy becameamodern dayPiedPiperashegarnered a rather large number ofstudent supporters, whoappeared tobe professionalprotesters— fashioning signs for the occassion with incredible swiftnessand marchingafterhim up Earlier in the day, friends and supto the third floor CareerDevelopment Office. Despite therebeingnoJAGC interviews porters ofKennedy donned theirblue jeans scheduled forthat day,norany otherdiscrimi- and "came out" to the GAY PRIDE WON'T HIDE table across from the law natory employeronthecampus, Kennedy commented: ''I think we really made a statement schoollibrary wheretheyhanded out leafto theUniversityand the JAGCby staging this lets and sold sweatshirts and T-shirts in protestonthesamedayastheTeach-InonGays support of their cause. Chris Marks, &Lesbians In TheMilitary." Whenreminded Kennedy's roommate said, "We're all behind Bill's decision to protest, we can't by this reporterthattherewouldbeno representatives from the University or the Military at stand discrimination, sometimes it just theTeach-In,Kennedyresponded,' 'Hey, don't makes me so mad!'' try to bring me downman, I' m gay!" CAP-UN THE BAR REVIEW COURSE THAT GIVES YOU MORE THAN JUST FREE FOOD, BOOKS, LECTURES AND VIDEOS. WE OFFER IN-HOME PERSONAL INSTRUCTION, FOR THE MODEST FEE OF $5,000, TO BE BILLED AFTER BAR RESULTS ARE IN. IF YOU DON'T PASS. YOU DON'T PAY! RECEIVE A FREE CAP AND GOWN FOR GRADUATION! THIS IS NOT A RENTAL! THE CAP AND GOWN ARE YOURS FOREVER! JOIN TODAY AND 4 The Onion March 30, 1993 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1993-03-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 33 No. 15 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/30/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 15 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a108a544af623a31ca39b809266ffc94.pdf 7802943a08f9b3f03799f129edfde9ec PDF Text Text THE OPINION Volume 33, No. 14 STATE UNIVERSITY OF NEWYORKATBUFFALO SCHOOL OFLAW Jessup Competition Largest in UB History bySaultanH. Baptiste, Managing Editor With over 110 letters of intent, and approximately 90 competitors, the level of competition in the 1L Jessup International Moot CourtCompetition wasfierce and heated. Third year Jessupmember, Tom Cannovo*, commented, "Someoftheseffirstyears] would have beatregionalcompetitorsatother schools. They were thatgood.'' Ofthe totalIL's involved, 30 students made itto the semi-finalsand only 18made it to thefinals. Cannovo said,''Interest in Jessup has literally exploded over the years.'' The hypothetical, fromwhich thecompetition wasderived,centered onthe nationalization ofa foreign corporation by a recently decolonized country. The otherissues ofthe hypothetical were addressed in a memorial (the International Court of Justice term for a brief) writtenby theUB Jessup Reg ional Team thatcompeted in February ofthisyear. Thefull hypothetical has been argued by teams inover 30countries. Team Alternate, Mindy Birman, said shefound the issues discussed veryinteresting and enjoyed the experience.' 'Before the competition I was excitedin anervous kind ofway, but whenI won, I was excited in the best kind ofway." As a single mother, IL, Maija Reeves, found the lack ofchild care at UBto be themost challenging partofthecompetition. She commented, " Had itnot been forthe supporto fmy fellow students, I would nothave been able to make it tothe end ofthe competition.'' Reeves saidshe foundher experience withthe competition to be moral building. "I didn't think I could do it at first, but confidence grew as I realized my ability." The winners ofthecompetition will go on to represent UB at the Fasken Campbell Godfrey MootCourtCompetition in Toronto which will include competitors fromSyracuse Law School, Cornell Law School, Queens College in Canada, University ofTorontoand OsgoodHall. Asthisyear'scompeutionmarks thelast yeartheFord Foundation willsponsor the competition, nextyear's Jessup Team will beresponsible forfinding therequired funding. Hopesremain highforthisyear's Fasken competition. At last year's competition, UB was successful in sweeping all the awards in Toronto. Marjory Avant, and several other teammembers, added thatthe team is working hard to maintainthesuccessful tradition ofUB Law School. Avantadded thatshe is honored torepresentUß and shealso intends to doher best. GoodLuck to all the competitors. The 1993 Fasken Campbell Godfrey Team: Alisa Lukasiewicz Chris Widholm Maija Reeves Kevin Szczepanski Dylan Mitchell VirginiaJacobson Marjory A vant PaulMorenberg Alternate: Mindy Birman Newjessup International Moot Court Board , distributing the''bufferfund ' inoneshotlike this is to limit the arbitrariness ofthe suppleto BoardofDirectors. Thismoney will be used fundthemandatory $200 start-up budgets given mentary budgeting process. Also, it is a more efficient use oftime and resources. tonew student groups, and foremergency coThe remaining money will be distribsponsorships. uted in March during the springtimebudgeting to setaside 15%0f TheSBAhas decided bedistributed remaining pool duringthe this to .Report, continued onpage 9 following academic year. One-third of this put into a "lecture Fund" to the heretofore ad hocline itembudgeting money will be below), and the remaining two(discussed process. be put into asupplementary "buffer The major portion ofthe process will thirds will fund." Thisfund will be distributedbudgeting remain the same - organizations will submit to take place during thesecond week process budgets inMarch for the following academic will beavailable to year. However.partof the poolofmoniesthat ofNovember. Thismoney haveeventsthey would like who groups student are raised through the student activities fee during the academic yearwhich they will not be allocated until the middle of the present had not planned on presenting whenthey subacademic year. Certain expenseswill beallocatedright mittedtheiroriginal budgetthepreviousMarch. offthe top. TheSub-boardaccounting fee,the Thisfund will be distributed under discretion Recreation and Intramural(R& I) user fee,and of the Finance Committee. While the SBA capital expenses will be calculatedand sub- Board ofDirectors will have the final vote on the distribution of the fund, there will be a tractedfrom the top. presumption in favoroftherecommendations Additionally, a set sum needs to be set ofthe Finance Committee. Our reasoning for aside foran"unallocatedreserve" fund which will be distributedat the discretion ofthe SBA SBA Considers Fee Increase The issue ofan increase in mandatory student activity fees was a heavily discussed issue among the SBA Board ofDiretors at Mondaynight'sSßAmeeting. Currently at the 1983 rate of$34.50 per semester, the SBA is planning to submit a studentreferendum for considerationduringnextweek'sSßAExecutive Board Election. The referendum, ifappro ved, couldresult inan increase ofthefee to $ 50.00 per semester for each law student starting Fall 1993. The major incentive for the $ 15.50 increase is to cover costs required by theRecreation & Intramural Board ("R& I") foruseof Alumni Arena and other athletic facilities. SBA also sees the increase as necessary to provide greatersupport for UB student organizations. Currently, SBA is the lowest funded student governmentat ÜB, and is among the lowest in relation to other state law schools across the country. Where does it all go? The SBA has struggled with R & I for several yearsregarding the price law students have had to pay for the useofathletic facilities. After review of 4 R & I law student usage survey, the SBA has agreed to increase their contributions from $7,500.00 per year to $ 10,227.00. Unfortunately, theremay alsobe an additional increase as early as 1995. A portionofthe funds from the studentfee increase would be applied to cover this expense. The increase would also go to provide more funding for student groups. With the currentgrowthinboththenumberoforganizations and the quantity oftheiractivities, SBA feels the organizations will need additional funding to provide servicesto thestudentbody. Along withthe suggested reforms is a proposal to establishalec ture fund from which studentgroupscanbring speakers to thecampus to enrich student knowledge regarding various areas ofinterest. Another element ofthe budgetary proposal istoestablishamatching fundtoencourage active fundraLsing among student groups. Withaannual limitofs 150.00per group,SBA will grant $.50 for each $ 1.00 raised by the organization. The fundraisingaclivitieswould include grants or awards from external sources or fund ing from internal University or law schi h>l departments. In order to foster the growth ofnew ...Increase, continuedonpage 9 not Members: Marjory Avant Mindy Birman Mamißogart AntoinetteBonsignore JeffreyCalabrese James Crolle Virginia Jacobson JayKalasnik SBA Comprehensive Budget Reform Proposal [This report is submittedby the SBA. ] For the past month, the Student Bar Association hasbeen pursuing theimplementation ofacomprehensivebudget reform packageto beenactedon July 31,1993, whichbegins the 1993-94 fiscal year. TheSBA hasconsidered a broad range ofproposals and has hammered out a comprehensivereform measure whichwill add morerationality and discipline March 18,1993 David Leve Alisa Lukasiewicz Dylan Mitchell DanielMoreland PaulMorenberg Maija Reeves Carlßohling Ted Starishevski Kevin Szczepanski ChrisWidholm UB Professor Receives Law School's JaeckleAward Professor AlbertR. Mugel, whohas taughtat the University atBuffalo School ofLaw for more than 40 years, received the 1993 Edwin F. Jaeckle Award at aluncheon held on Saturday, March 6, at theCenterfor Tomorrow onthe UB Amherst Campus. TheJaeckleAward, the UBlaw schoolandLaw Alumni Association'shighesthonor, waspresentedto Mugel followingamorning-long, 17thannualUBLaw Alumni Convocation entitled,''Avoiding Disaster:What AllLawyers ShouldKnow About Bankruptcy Law to ProtectTheirClients."The event,which was moderatedbyGeraldS.Lippes,an attorney with Lippes, Silverstein, Mathias and Wexler, consisted ofa panel offive bankruptcy expertsand a judge,who explored howa client, s current orpotential bankruptcy may impinge onhis or her matrimonial, negligence, environmental, real property andbusiness related problems. The award, named for UB law alumnus Edwin F. Jaeckle, Class of 1915, is given annually to an individual whohasdistinguished himselforherselfand has made significant contributions to thelaw school and to the legal profession. HIGHLIGHTS Group Spotlight Editorials and Commentaries Candidates Statements...... From the Balcony. Docket 3 4-5 .6 8 11 �SWITCH TO PIEPER IT'S NOT TOO LATE!!!!! Don't lose money because of a foolish mistake!!!!! If you were lured into another bar review course by a slick sales pitch, there is a way you can get out now without losing money. Pieper Bar Review will credit ANY MONIES put down with another course (up to $300). All you have to do is send in proof of payment with your Pieper application. It's that simple!!! So don't wait...call now!!!!!!! •- . (Offer ends April 16, 1993) -; •- ■ 1-800-635-6569 Pieper Bar Review 90 Willis Aye. Mineola, New York 11501 �Alumnus Interview Labor &Employment LawAssociation THELABOR AND EMPLOYMENT LAWASSOCIATION by Kevin Collins TheLaborand Employment Law Association (LAELA) is a law student group whose purpose is to bring labor issues before the UB Law School communityand to makelaw studentsand faculty moreaware thatlabor law is avital area oflawand not to be ignored simply because it is nota "Bar " course inNew York State. LAELA was founded intheFall Semesterofl992by2LsJoeAntonecchia,Box#6o3, and Kevin Co Uins,Box # 630. Anyone wishing to joinLAELA may contact these individuals. There have been at least five different labor Employees Union(GSEU) to organizerecently hereat ÜB. LAELA also is currentlyrunning a film series in the month ofMarch, showing Matewaan.NormaRae.Harlan County. USA, andAmerican Dream. LAELA has also organized some upcoming events. On Wednesday, March 24, 1993at3:3OPM inßoomfl 109ofO'BrianHall (the UB Law School), LAELA is presenting Pauline R. Kinsella, the Chairperson of the New York State Public Employment RelationsBoard (PERB). In addition, LAELA isalso holding, in conjunction withtheLaw Students forCorporateAccountability (LSCA), theFIRST ANNUAL WORKER AND CONSUMER DennisVacco'7B by Sharon Nosenchuck, IStaffWriter Dennis Vacco, U.S. Attorney for the Western DistrictofNewYork, graduatedfrom U.B. Law School in 1978. Attending U.B. because he wanted to practice in the Western New York community,Mr. Vacco saidthathe thoughtitwould be important to become integrated in the local legal community through law school. His choice was justified,he said, because his instructorforTrialTechniquewas JudgeJoseph P. McCarthy, who was thenthe DistrictAttorneyforErieCounty.Mr.Vacco's firstjob after graduating from law school was as an assistant district attorney in the Erie County DA' s Office. In many otherplaces, he said, he would have received an education equal to the one thathereceived at U. 8., but it made sense to be wherehe was going to practice. Hisexperience atU.B. waschallenging, Mr. Vacco said,and, although itwas a means to an end, it was not fun. Mr. Vacco spent his first year of law school at the University ofAkron and transferred to U.B. at the beginning ofhis second year. ComparingU.B. to Akron, Mr. Vacco said featuring a each a differentstudent issue. group | be series GROUP SPOTLIGHT will that U.B. was larger than Akron and had a broadercurriculum. Akronwasacodeschool, saidMr. Vacco, whileU. B. spent more time on law groupsthathaveexisted on and offatUB RIGHTS CONFERENCE, on Wednesday, otherareas ofthe law. Law School since the late 19605. With a March3l,l993,inßoom# 106ofO'BrianHall. KenJoycewashis favorite professor at combined membership ofover thirty student Therewill be twenty (20) speakers from across U.8., said Mr. Vacco, because he was "dyand faculty members, LAELA has been an the United Statesaddressing workerandconnamic" and ' 'incrediblyknowledgeable withactive group in its short existence, and has no sumeradvocacy issues in the 19905. outairs and stuffiness." Mr. Vacco, whotook The firstpanel, from 10:00A.M. -1:00 intention ofeventually fading away. Tax 1,Tax 2, and Gratuitous Transfers with LAELA hadmany goals when it started, P.M.,willaddressconsumerrights. Speakers Professor Joyce,said thatProfessor Joyccwas including the following: to discussand debate on this panel include: Pam Gilbert, Public approachableand made difficultcourses intertopics, cases andlegislation dealingwithlabor Citizen Congress Watch; Marc Green, New esting. law; to bring in speakers andpractitioners; to YorkCity Consumer Affairs Commissioner; Mr. Vacco said his favorite law school examine theNationalLabor Relations Actand Russell Mohkiber, Editor, Corporate Crime class was Trial Technique, and his favorite activity while in law school was going to Duff sforchicken wingsand beer. Asked what washisproudestaccomplishmentwhile in law school,Mr. Vacco said' 'graduating.'' A regret he has about his law school experience,he noted, is thathewasnotatU.B. fromthe beginning. Asaresult, hefound ithard to integrate into the school as a transfer stu- Mr. Vacco said that he became a lawyer because it''opened many diversedoors.'' He said, "whether it be through the practice of law, through thepolitical process, the elective process, or helping the community,'' being a lawyer gave him exposure to many different opportunities thatothercareers would not have Dennis Vacco was elevated to thepost of United States Attorney at theageof3s. Photo: Sharon Nosenchuck ■a~a provided. After graduating from law school, Mr. Vacco worked for the Erie County District Attorney'sOffice. an assistant DA. In 1988, President Reagan appointed Mr. Vacco to betheU.S. Attorneyfor the Western DistrictofNew York. His "most rewarding, fulfilling, and significant case occurredwhilehe wasat the Erie County District Attorney's Office, said Mr. Vacco. Mr. Vacco prosecuted Milton Jones for the murder of two Buffalo priests. Jones, age 18, along with a friend, killed and robbedthetwoprieststoget money to become a "big drug dealer," states a newspaper article. InJanuary 1988,ajury found Jones guilty ofsecond-degree murder,robbery, and weap- ... Vacco, continuedonpage 8 dent UB Competes in New Orleans cumbing to the South Texas CollegeofLaw (winnersofthe2ndbestbriefaward). The competitors said that the competiwas a great experience, especially betion the National Labor Relations Boardas wellas Reporter; Arturo Rodriguec, United Farm it cause included 20 teams from around the the New YorkState Labor Law- The Taylor Workers; and Charles Tibbett, Practitioner maestros ofdiscoursefared well atthe Tulane nation. In theultimateanalysis, ITT Chicago Law, and the Public Employees Relations (EnvironmentalLaw). Mardi Gras Invitational - a sports law moot KentCollege ofLaw andLoyola University Board; to actively take partincurrentdevelopUniversity. (New Orleans) proceeded to the finals where The secondpanel, from2:oo P.M. - 4:30 court competition held at Tulane , ments, (suchas proposed legislation, including P.M.,willaddressworkerrights: labor organizTheissueat thisyear scompetition was ITT won and sequestered a best briefaward. HR 5 the proposed striker protection laws), to ing inthe9o's. Speakers on this panel include: developed by Tulane under the auspices of Otheraccolades included a best oralistaward become involvedinlocallaborcauses, (suchas Richard L. Ahearn, NationalLabor Relations theirMootCourtßoard President, Rod West. It for ScottCannon fromLoyola. strike support); to ensure that a laborcourse is Board; Ellen Gallant, CommunicationsWorkdealtwith a football scholarship student-athAmong theplethoraofideasand suggestaught inthefirst year,and thattherearecourse ersofAmerica; Tony Mazzochi, OilChemical lete at "The University of Mardi" who was tions that Mike and Michelle brought back offerings ineach semester forthe upperyears and Atomic WorkersUnion; JanPierce, Comsuing the university forbreach ofcontractand with themfrom New Orleans were ideasabout in courses dealing withlabor and employment munications Workers of America; Duane educational malpractice. Michelleand Mike running a Ist year competition. Apparently, law. Stillwell, Amalgamated Clothing andTextile wrote the brieffor the defendant university. Duke Law has such a program and they are Since its founding last semester, Workers Union; and JerryTucker, United Auto They argued both, on andoffbrief duringthe willing to help Buffalo implement something LAELA has been an active group. To date, Workers, New Directions Movement. competition. In the preliminary rounds, they similar. The arguments for this year's compeLAELA' s activitieshave included the followThe thirdpanel, from 4:30 P.M. 7:00 argued against Loyola and Duke University tition were held at the sth CircuitCourt Aping: bringing in, withthe Graduate Group on P.M., will address worker rights: the role of and approached the quarter finals before sueCompete, continued onpage 11 Human Rights, DanLaßotz,authorofMaskof labor attorneys: employee advocacy in the Democracy: Labor Suppression in Mexico 90s. Speakers on this panel include: Richard Forfurther information, contact: Joseph ing and administering aLabor-Concentration Today (Boston: South End Press, 1992), to Clark, New York State Division ofHuman Box ft 616, (716) 645-2747, orKevin Certificate, which graduating lawstudents can Belluck, speak on Mexican labor rights (or the lack rights; Jennifer A. Coleman, Practitioner(Emft 630,(716) 838-0654. achieve alongwiththeir JDby taking acertain Collins, Box thereof) and the North American Free Trade ployment Discrimination); Richard Furlong, numberofcourse and finishing a certain level also has the LAELA goals for many Agreement (NAFTA); holding an informaIntegrated Labor Systems; Joseph Kinney, future which be on. The ofwork. will they working tional display onNAFTA during Human Rights National Safe Workplace Institute; Tony Newsletter, to Interested law studentswho joinLAELA group would like start aLabor Week at the Law School; bringing in Ann Oppegard, MineSafety Program (Kentucky); receive will issues, on current both the opportunity to explore and locally labor reporting Peters to speak on the struggle of women to JohnPatterson, Equal Employment Opportutake actively part in current labor issues. would like to hold LAELA and also nationally. organize in Guatemalaand the human rights nity Commission; James Schmidt, Farm and inLAELA the is open to everyoneMembership Day School,'' a' 'Labor at Law which a in abuses they are subjected to; and recently Migrant Workers Legal Services;and Robert students, community citilaw local faculty, whole worth ofLaborand day's Employment Duncan, oftheUnitedAuto Szymanski, Occupational Safety and Health bringing in James zens, andany Law Firmswouldrecmit and at theLaw interested person. LAELA asks speak Workers (UA W) and the Directorofthe New Administration. that attend the FIRST please School, addition, upcoming LEALA you islooking intothe hi YorkStateCommunity ActionProgram (CAP) There will also be an evening presentaANNUAL WORKER CONSUMER AND of a labor-related sumpossibility establishing Council to speak on N AFFA and its impact on tion aiiddisciissionfeaturingaliuiiinis Andrea mer internship. Moreover, LAELA is also Western New York jobs.In addition, members Sammarco, '93, People for the EthicalTreatinvestigating into the possibility ofestablishof LAELA assisted the Graduate Student ment ofAmmals. bySrikantßamaswami Michelle Parker and Michael Culp are gifted extempore speakers, but they do itwith suchan insouciant and self-deprecating flair, that itadds to their brilliance. Indeed, these - - ... March 18, 1993 The Opinion 3 �_opiniqn esr March 18, 1993 Volume 33, No. 14 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Vito A.Roman Saultan H. Baptiste Michael Radjavitch Kevin P. Collins Tracy Dale Sammarco Layout Editor: -vacant Photography Editor: Paulßoalsvig Art Director: Bill Kennedy StaffWliters: W.F.Trezevant,KathyKorbuly, SharonNosenchuck Contributors: Srikantßamaswami EDITORIALS Lip Service to Diversity UB Gives , TheUniversity at Buffalo s(Uß'sV'GuidetoEqual Opportunity andAffirmativeAction" manual (publishedby ÜB's own Equal Opportunity/Affirmative Action Office) states on itsfirst page thatUB hasa longstandingcommitment to equal employmentopportunity andaffirmative action." Thepublication thenasserts that"affirmativeaction means taking aggressive steps to further the employment of women, ethnic minorities, disabledpersons ..." Further on, the publication reports thaifederallaws require thatestablishmentsreceiving federal contractsand/ or subcontracts do mure thanprovide equal employment opportunitiesbycomplying with the equal opportunityand non-discriminationlaws. NewYorkStatealso requires government agencies to do more." How ironic, then, that in the latestissue ofjPa'lante!,(Vol. 3,N0. 2,Spring 1993)it was reported that "[o]fthe46 faculty membersatUß[lawschool] only threeareAfro-American, and only one has oeengranted tenure [T]he [ law] faculty does not include Hispanics, Asians or NativeAmericans." Thearticiethenpoints out thatthe "[ojnething thatis conspicuously absent. is any meaningful number oftenuredminority facultymembers.'' Furthermore, the 1989 Equal Employment Opportunity form (the mostrecent one The Opinion was abie to obtain), whichUB is required to fileunderTitle VII ofthe 1964 Civil Rights Act, contains some strangenumbers for an institutionwhichclaims to promoteaffirmative action. According to thereport, which breaks down job categories by race, ethnicity, and sex for eachof several jobcategories, there are a totalof526 tenuredprofessors in thewhole university. Of these, 478 aremale 435 of thesemalesare White, 7 areBlack, 2 are Hispanic, 34 are Asian or Pacific Islander, and noneare Native-American orAlaskan Native. Theremaining 48 tenuredfemale professors: 45 White, 1 Black, 1 Hispanic, and 1 Asian or Pacific Islander. Again, no NativeAmericans or AlaskanNalives. This type oflip service to affirmative action is an insult, and the people in charge of monitoring the school'saffirmativeaction efforts, the Equal Opportunity/Affirmative Action Office (548 Capen Hall, (716) 645-2266) shouldprovide an explanation for why UB lacks even a semblanceofdiversity. . Profiteering is no Right Bankers extol thevirtues offree market forces perhaps more thanany other group in our economy. That's why theyrecently let out howls ofprotest whenthe ClintonAdministration proposed changes in the student loan program that would cut them out of the picture. The government, insteadofthebanks, wouldlend to students, thereby eliminating at least $4.8billion in costs over the first five years oftheprogram, according to a recent GAO report. Ofcourse, the change wouldalso eliminateaguaranteed source ofprofit to thethousands 0 fbankswho annually churn out student loans as i fthey werehanding out free candy. Sure, these loansalways had theindiciaofother type ofunsecured loans, e.g.,credit checks,promissorynotes, etc. All except therisk. Under the modifled " free market" mo del in whichthese banks operate whilelendingstudentsmoney, theultimaterisk fortheloan isbornebytheU.S. Government. The 1 oans are so secure, in fact, that like in the case ofhomem ortgages, an entire secondary market has formedup around them. Also standing to loseshouldthe lending program change are the guarantee andcollecting agencies. Theformeralready take abig bite outo feach student1 oanat disbursement, a bite called, ofcourse, a guarantee fee. However, theneed for thisfee has diminishedover theyears since the government has tied the student loanprogram to every law imaginable. The IRS can collect delinquencies out oftax refunds, bankruptcycourts cannot discharge thesedebtsunder chapter 13filings, andaperson cannot even participate in theprogram ifthey havebeenconvicted ofany drugoffense or, ifmales, they have failed toregistered in the selective service program. Thebanks argue that government administrationofsuch aprogram will be inefficient, that it will be expensive to dismantlethe current system, thatit will cost schools additionalmoney to administerthe new directgovernment loans, etc. However, the GAO study has shown thatthere is inefficiencyin thecurrent system. In fact, a CongressionalResearch Service report whichthe bankers havebeen hanging theirhats onadmits asmuch, although itcriticizestheproposal ofdirect lending on other grounds. What itallboilsdownto iswhether ornotprivate banks will continuetobeallowedtoprofiteer on whathasbecomeabasic necessity in American life, theneed for higher education. Bringing in the government directly so that more money goes towarditsintended purposes, education, sounds like a good idea. In fact, ifthereis anything we shouldhavelearned from the '80s, it is that theefficiency of theprivatemarket isway over-rated. Copyright 1993. The Opinion.SBA. Any reproduction ofmaterialshereinis strictly proliibitedwithouttheexpressconsentoftheEditors. The Opinionis published everytwo weeks during the Fall and Spring semesters. It is thestudentnewspaper oftheState University ofNew Yorkat Buffalo School ofLaw. The views expressed in thispaper are not necessarily thoseof the Editors orStaffotTheOpinion. The Opinionisa non-profit organization, thirdclass postage enteredat Buffalo.NY. Editorialpolicy ofTheOpinionis determinedby theEditors. The Opinion is funded by theSBAfromStudentLaw Fees. The Opinionwelcomes letters tothe editorbut reserves theright to editfor length and 1ibelouscontent. Letters longer than three typed double spaced pages will be editedfor length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus or I JnitedStates Mail to The Opinion.SIJNY AB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147 orplaced in law schoolmailboxes 223 or 611. Deadlines for the semesterarc the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page arc not necessarily endorsed hy the EditorialBoard ofThe Opinion. 4 The Opinion March 18, 1993 , Human Rights Movement Spreading by Sharon Nosenchuck, StaffWriter TheShortCoursesonHuman Rights are bringing anumberof distinguishedspeakers in thefield ofhuman rights to U .B. The secondof the three classes, which was on economic, social, and cultural rights, was taught by Dr. Chaloka Beyani, from Zambia. Presently, Dr. Beyani is aResearch Fellow at the University ofOxford. Herecently received his doctorate from Oxford, witha thesis entitled "Restrictions on Internal Freedom ofMovementand Residence inInternational Law,'' and hispublications include articles on refugees and women'srights. Dr. Beyani defines' 'humanrights'' as certain considerations pertaining to the preservation ofthecharacter and dignityofthehuman person. Whatever the nature and content of specific human rights documents, they all define entitlements, benefits, and privileges that a human person derives from the fact of existence, argued Dr. Beyami. Human rights are not given by the State, theyare inherentas an aspect o fhuman dignity, they are effortsby humans to establish rales with respect to the humanperson. Allhuman persons havearight to life, said Dr. Beyani, but this right is not absolute. Nothing isabsolute inthe sense that this right can be taken away by certain legal systems. The idea ofhuman rights is an idea far ahead ofits time, said Dr. Beyani. It is up to Human Rights is seen as being universally legitimate, he said. Its universal legitimacy maybe established from thepointofviewofthe number of states that adopted it, voting patterns, and,also, thenumber ofstateswho have subsequently ratified the declaration's two setsofcovenants. These covenants contain the rightsof the Declaration inabinding form, he said. However, within domestic jurisdictions, said Dr. Beyani, thereare problems ofimplementation, both in Western and non-Western countries. Theissueisoneofdegreeandofthe transformation in the daily activities ofgovernments andthe lives ofpersons. Onthe subject ofthe conflictthatcan occurbetween theculture ofa society and the rights enumeratedinhumanrights documents, Dr. Beyani said thatalthough some say that they do not like the concept of human rights because itis foreign, this isjustan argumentto escape human rights obligations. The nonWestern countries accepted modernWestern aspects of life, accepting the Western standards as standards to which to aspire. The argument thathumanrights emanate from the West hasbeenovertakenby modernization and the fact that the world is getting closer with respect to the interactions between peoples. Before the advent ofthe concept ofhuman rights, Dr. Beyani continued, the idea existed thatthe way a State treated its own citizens did lawyers, political scientists, and others to not excuse it from treating foreigners as they examinehuman rights in terms ofthe content expected to be treated in their own country. oftheserights. Human rights have expanded so that these Humanrights documentsare legal docurights apply to everyone, not justforeigners. ments ofa very specialkind, said Dr. Beyani, States can no longer behave as if they are because they are based on humanitarianism. isolated, said Dr. Beyani, and the way that However, these documentsare formulated in governments treat theircitizens is a matter of the language ofthe law, notof morality. The internationalconcern. Thefact is that States documents set obligations which are binding will not be excused from international stanbut carry within them certain concerns about dards. The Stateisaunitofpoliticalorganizamorality and welfareand concern for the hution thatcarries out theresponsibility for the manperson. Onthe subject ofthe Universal Declacontinued existenceofthe community, seeing ration ofHuman Rights, Dr. Beyani said that thatthe community' s needs are fulfilled, and the word universal had several interpreta- thatitis protected fromharm, said Dr. Beyani. tions. TheDeclaration was intended to estab- The existence ofthegovemmentand the State lish a common standard ofachievement for is premised on human rights because, otherhumanrights from the point ofview of stan- wise, the State would not exist, Dr. Beyani dardsofgeneralapplication. Itpurportedtoput said. The State cannot escape the fact that it into effecttheprinciple ofuniversal protection has certain humanrights obligations. ofhuman rights. Humanrights wouldbeproThe issue ofsovereignty is difficultto tected on a universal basis, said Dr. Beyani, address because itcomplements States' rights. and,at a minimum, certain common standards The bottom line, says Dr. Beyani, is that cerwere to apply. However, this is not the same tain cultural, political,linguistic, orreligious as saying that the Universal Declaration of ...Rights, continued onpg 5 HODGSON RUSS ANDREWS jpWOODS CtGOODYEAR AnORNEYS VJ AT LAW s TO THE CLASS OF 1995 I ou are cordially invited to a cocktail reception sponsored by Hodgson, Russ, Andrews, Woods & Goodyear of Buffalo, New York. Join us for cocktails and hors d'oeuyres. Date: Monday, March 29, 1993 Time: 5:30 Place: Buffalo Marriott 1340 Millersport Highway - 7:30 p.m. R.S.V.P. c/o Career Development Office Room 309 by Friday, March 19 If you have any questions, please call at 848-1505 Jane McAvoy �Of Life,, Law & Looking Back Chew on This By Tracy Dale Sammarco Features Editor by W.F.Trezevant, Staff Writer Its been two years seven mo Side of Buffalowhenldidn'thaveacar.lcan'thelp butremember theerrandsthose sameclass- The individual's' 'righttolife" ends whenhe fails to adopt the moral stance of a certain minority ofindividuals. from this animosity. lam afraid that his death will not be the last. It seems like people are getting desperate; sodesperate, OnWednesday,March 10,1993,Dr. DavidGunn wasforever silencedby a "prolife" soldier, Michael F. Griffin. Griffin shot Giinn several times in the chest as Gunn gotoutofhiscar in frontofhis Florida abortion clinic. I suppose Gunn hadproven himself to be valueless; an expendable entity poisoning the worldfor thosewho deserve to live. Griffin apparently took it uponhimselfto dothatwhichhisgodwould not- he struck a fatal blow in the name of life. What sense does this make? In response to this tragedy, the Rev. Joseph Foreman, of Operation Rescue, called the actionthe tip ofthe iceberg. Stay tuned, thereare moreand worse things yet to come. But what, I must ask myself, is moreawful thangunningaman down in in fact, that they're willing to risk the destructive consequencesofbeing labeled utterlyhypocritical to achieve their goals. This is an attempt to scare offprospective students in this field of medicine and to cause established physicians to abandon This is a holy war we're in, and it's taken a fatal turn. There's no going back. So I ask you, who's the next martyr? theirpractices. Itis nothing less thanpure terrorism-don'tkidyourself. Is this the way that we want our society to be shaped; by violence and threats of violence? Will people really be happy living in a world where ideas and morals are forced upon them by the threat of death? Keith Tucci, executive director of Operation Rescue, denounced Griffin's actions after the incident. He said thatthe Will people really be happy living in a world where ideas and morals are forced upon them by the threat of death? group' scommitmentto life wasfor theborn aswellastheunbom. This isadmirable; but I call onTucci andhis associates who feel the name ofreligion, life or morality? The head ofRescue America, Don asheprofessesto feel sorrowfiiloverGunn's to act inaccordance withtheirwords. Treshman, took upacollectionforGriffin's death, crew must lessen theanimosfamily. Treshman said," Weknow that the Tucciand his waters. They abortionist is welltaken care of. Butthere ity, reduce the strife, calm the need tocall on theirfollowers to actaccordis a financialstrain on theassailant." Yes, not response Gunnisindeed "welltakencareof'-he's ing to theirbeliefinlife, and in to the rage they feel over this issue. dead. At least Griffin's family still has I think thatthis incident has caused him alive. to recognize what othershaveknown many This is aholy war we're in,and it's years. There is a certain degree of taken a fatal turn. There'sno goingback. for contradiction in the pro-life movement Solaskyou,who'sthenextmartyr? Perwhich must be addressed before thatside haps its the nurse who works in Gunn's to any kind of clinic. Maybe itsthe head oftheNational can come the tableand share who bewith those meaningful dialogue Abortion Rights Action League. Maybeits lieve in abortion rights. There is a latent the guy standingoutside theclinic holding disrespectforthe livesofthosewho do not a pro-choice sign. Maybe its someone with the pro-life stance for the agree working for atinylaw schoolnewspaper, doctors,theirfamilies and the women they shouting theword "HYPOCRITE" at the treat. Thisdisrespectcannotbereconciled top ofher lungs. Why not? Aren't las with a professed view ofthe sanctity of culpableas Gunn forespousing a beliefin unbornlife. Itisincongruous. the necessity ofaright to abortion? Where doesthis end? How many can expect to sufferafate similar to Gunn's? I have towonder whatGunn'sfamily is feeling. They may have feared for his safety, giventhenumberofdeath threats he hadreceived. They were probably reassured,however, by the fact that''pro-life" seems to mean, at least on a superficial level, in favor oflife, as opposed to death. Whowouldhaveguessed? Andyet,lthink we shouldhave seen itcoming. Operation Rescue anditsassociates wereouttherecrying "FirstAmendment" while the situationwentfrom merely chaotictodeadly. Webeganwithharassment, someaccusationsofmurder,perhaps some jostling as awoman tried tomake her way - mates helped me complete when I had no otherplace to turn;like picking upmy dog Chief. I recall the hectic moments in Conlaw classwithPro f. Kannar frantically looking forthe preciselanguage in Marbury v Madison wherethe Supreme Court said ' 'we're supreme. I have not found the passage, butl'mstill looking Professor. It seems so long ago. I remember the beginning ofsecond year thanking mylucky charms that I was out ofthe fishbowlofsection one,not that section one was bad but a year of sometimes asinine comments gets to be a bit much. I remember it wasa time of many new things including the newfriendships withfaculty members, some ofwho are no longerwithus. What was particularly interesting was watching the development ofmycolleagues as they became GA' sandT A' sand moved into the leadership positions of various law student organizations. The novelty ofnew students looking topeople who I used to sit with, commiserate with and drinkcoffee with, for some profound legaladvice was intriguing ifnotsobering. Soon after came friends and relatives asking for all kinds oflegal advice from whatlittle Johnny shoulddo about a ...Rights continiuedfrompg 4 groups do not see the advantages of being within a State and are disadvantaged in a political or economic way. Self-determination is a safeguard, sothat a particular group canprotectitsowninterests. Self-determination doesnot onlyhave to be one groupbreaking away from anothergroup. Self-determination could take the form of an increase in the autonomy ofthegroup, said Dr. Beyani, citing (he examplesofindigenous groups inCanada andAustralia. On the issue of women's rightvDr. Beyani said that there is a general lack of protection ofthe rights ofwomenfrom their ownperspective. Women havebecome more conscious oftheadversemanner inwhich they are treated by men. He said some feminist writerspoint out thatwomen participate in the elaboration ofhumanrights standards, onlyto discover time and again that it is as if these rights were not intended to apply to them. C7 teacherwho was' 'oppressing him to what to doaboutalandlord whowouldn'tgivethe security depositback. lusedtolookatthem andsimplysay " Wellwhy don'tyougoget yourself a lawyer." It seems so long ago . now. My last year, we 11... that'sbeenthe merging ofthetheory ofgood government and the practice of good government, an experimentI once promised Prof Kenyafta Iwould pursue. The experience has been more memorable for its good timesthan the bad times. The good times involve getting something donethat's meaningful even if that means doing something so small that it may never be noticed in the overall scheme ofthings yetmeans the world tothe particular student. The bad times, well that's easy... that was being publicly yelled at by a tenuredfaculty member,who incidentally has notbeenherefor thelast two years and thus has no understanding ofthecontextual history onthe issue,when I attempted toask a simple questionon thereason forhislate grades. Quite frankly, aftermy encounter withhim,rmgladhewasn'taround formy first two years withhis arrogant attitudeas hewould have contaminated my UB Law School experience. In sum, I can say this; I promised changeandby golly we'vegotten it. I"m not sure how it'll end but we'll see. Dr. Beyani saidthathe hoped to givethe studentsinhis classanother perspective on the issue ofhuman rights in international law. He , wishes to broaden students horizons and to provoke their thoughtsfurther, hi addition, he said that although there is a lot ofrhetorical writing onhumanrights, oftenthe jurispruden- tial side ofhumanrights is neglected. Itismore important to look at the standards ofhuman rights in a normative fashion and to develop certain legal criteria with respect to human rights documents. Noting thatcertainhumanrights have a thin line between observation and violation, Dr. Beyani said thatthe content ofobligations are important to understand because ofthe nature ofthesubject Peopledon'tlookatwhat the obligations entail within existing techniques ofinternational law. At the end ofthe week, Dr. Beyani went to theFord Foundation in New York City to lead a discussion onthe issue ofdisplaced people versusrefugees. DID YA PLEDGE YET? 3)LL £fc^6DY through the mass ofbodies blocking the clinic door. We move to general disruption, fakeappoin tmenls andthreatsofclinic storming,ormaybeevenbombing. Doctors are threatened, their spousesandchildrenare terrorized athome and in school. Then a hand grenade is found outside a clinicafteraprotest. From therewe moved to actual invasionofclinics and the spraying ofnoxious chemicals to force people outoftheoffices. Each action grew a little more desperate, pushed the situation a little closer to the edge. This is not First Amendmentstuffwe're talking about. This is not free speech. Gunn's is the first death to result March 18, 1993 The Opinion 5 �SBA Executive Officer Candidate Statements Saultan Baptiste President .. Paul Beyer Vice President An effective SBA VicePresident must Promises, Promises, Promises. As UBLaw Schoolcontinues to expand, possess two significantattributes theability sowillthenumberofproblemsitmustaddress. to buildconsensus around the issuesofgreatest Answers to problems suchas more space for concern to the student body and the skill to studentgroups, andbetter advocacy with the carry out apersistent and well-organizedcamadministration are easy to say, but to make paign to address those issues and produce thema reality requires sensitivity to student concreteresults. My background in the SBA concerns, leadership to develop a common and my professional experience will enable me to put these skills to work for you. agenda, and the commitment to produce results. As Editor ofthe Law StudentDirectory, Successful advocacy through the SBA Managing Editor ofThe Opinion. JusticeofPhi should befounded on empowering the student Alpha Delta, Article Editor ofBELJ and an body by fostering greater communication and active member in BLSA and other student collective activity within the Law School. Toward that end, I have established the Coungroups, I have always been committed to idenand immedicil of Presidents, a group ofrepresentatives developing tifyingcritical issues ate answers to those concerns. from each studentorganizationwho meetreguCouncil fPresidents is The o also a great larly to discuss their issues, planjointactivito idea promote cooperation among student ties and develop strategies for advocating on groups,butwithoutknowledgeable leadership, theirbehalf. Having organized asimilargroup it can become a war of words and promote onthe community level as aVISTA volunteer, hostility,ratherthan unity. Asfounding Chair- I recognize the importance of this type of ...Baptiste, continued onpage 10 ...Beyer, continued onpage 10 Tamie Morog Vice-President All students should have a say in their government Thisdoesnotmean thattheymust - Stephen Lee Treasurer Greetings to allmy fellowlaw students! My name is Stephen Lee and I am the current participate on a committee or be personally Student Bar Association Treasurer.My role as involved inthe SBA, butratherthey must know SBA Treasurer has been a major learning that someone truly represents them, and is experience for me, an experience which has willing to lendan ear wheneverthe needarises. taught me the intricacies ofSub-Board One's I can provide a strong voice and represent accounting procedures and especially dealing students effectively forseveral reasons. one on onewithstudent groupsand students. When I first tookofficelast May, it was 1. As a transfer student from Southern Methodist University in Dallas, I bring with like the first yearoflaw school all overagain. me experience from another SBA at another In a very short time, I had to learn a new large university. hiaddition torepresenting the language ofaccounting and new procedures studentbody, I was involved in activities with which I followed in order to ensure a solid local alumniwhich opened doors,not only with financial SBA. The learning didnotstop there, those alumni butwiththe community as well. itwas everchanging withthe specific needs of Thisexperience and these connections proved the student groups. valuable when it came time to find jobs for Myfirstorderofbusiness was to ensure students, seek funding fordifferentschoolprothat thestudentgroupshad anunderstanding of grams,and build the school's prestige withthe how to access theirbudgets. This wasaccomcommunity. I believe that these ideas are plished by holding ameeting at the beginning ofthesemester withall student groups treasureasily transferred to 118. 2.1 am a student with a great deal of ers. At the meeting, I outlined for them the experience outside ofschool and in the comprocedures for appropriating theirfunds. munity. By workingasastock andcommodi-' My duties as Treasurer was not limited ties broker, speaking in front Buffalo to helping studentgroups access their funds, ...Aforog,amtini.:jon/Mgel() ...Lee. continuedonpage 10 6 The Opinion March 18, 1993 Gary Simpson and Kevin Collins President andVice President funds through suchevents as bagel,co ffee, and The combination ofPresidential candidate Gary Simpson and Vice - Presidential food sales. If elected to office, the team ofSimpson candidate Kevin Collins offersthreeyears of andCollins plans to implement thefollowing Student Bar Association (SBA) experience initiatives for effective student representawhich is unmatched by any other ticket or tion: individualcurrently running for office. ImprovedrelationsbetweenstudentrepOverthe pastyear, the team ofSimpson and Collins has moved within the SBA to resentatives and faculty & administration Foster greater alumni participation vigorously represent the concerns ofallLaw Increased Law School involvement Schoolstudents. Currently, the teamofSimpson andCollinshasbeenatthe forefrontofthe SBA throughoutthecommunity, throughcoordinabudgetreform process. Simpson is theauthor tion with student groups of the new budget reform measure for the - Seek greater diversity within the Law overallbudgetprocess which is based on zero School Faculty and administration Implementationofathree-yearplaninan - based budgeting, whileCollinsauthored ancillary portions of the new budget process effortto maintain dealingwithfundingofnewstudentgroupsas continuity toward theaccomplishmentof well as a new initiative for a lecture and studentbody objectives Focusgreaterattentionontheconcemsof speaker series. Additionally, Simpson and Collinshave out fronton advocating matching thirdyearlaw students The publishing ofan available grant and funds forstudent groups whichactivelyraise -- Marc Panepinto Simpson & Collins, continued onpage 10 Shirley N. Fang Treasurer Secretary As a candidate for SBA Treasurer, I have two objectives. I wantto providea choice for voters and he lp to create asense ofcommunity atthelaw school which is severely lacking. As the only alternative to the incumbent I have achieved my first objective, but the second goalrequires some explaining. My plan to promote asense ofcommunityatUB Law is simple;itisbasedaround the first floor lounge; it involves all of our law school clubs and organzations, and it deals with that favorite law student activity, con- I am currently a first-year law studentat UBand I am running forthe position ofSecre- taryoftheSBA.AsanAsian-American women attending ÜB, I am deeplycommitted to advocating andsupporting underprivileged groups and minority interests. As on officer of the SBA, I would be in the ideal position to effect positive changes for these groups within the University. More importantly, myundergraduate and post-graduate experiences equip me with the necessary skills and background to addressthe far-reachingproblems confronting suming caffeine. Atpresent, most law schoool thesegroups. clubsand organizations hoId coffee and bagel In the year prior to attending ÜB, I was sales toraise funds, but these salesalso result involved in astate- funded ChineseLanguage in student interaction. The concept ofcoffee Program based inNewYorkCity'sChinatown. salescombined withProf. Meidinger' slamen- This program is aimed primarily at providing tationthatyou " can't find a cup ofexpresso in Chinese-speaking assistants and staffto work Buffalo," led me to the ideaof an expresso/ on cases that involved Chinese crime v ictims. Whilethe principalobjectiveofthis program cappuchino bar in thefirst floor lounge. TheSBA could purchase the equipment is to increase the likelihood of successful and make modification to the student lounge prosecution, italso became apparent that this for between $2500 and $3500. This money program dispels the fears, the confusion, and would bean investmentwhich could easily be the alienation, which often made these indirecouped in one semester. The clubswould run vidualsreluctant to participate in the criminal ...Panepinto.continuedonpage 10 ...Fang, continued on page 10 �jjtfrar Worry? I This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to switch programs. I I BAR/BRI refuses to play this game. I I I I I I We believe that students are mature enough to enroll in a course. If they believe they made a mistake, they are mature enough to change courses. I If a student signs up with BAR/BRI or wi th any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. I I We will not undermine students confidence in their course by playing on their insecurities. I I After all, we're attorneys. And we intend to help you become attorneys, too. I BAR REVIEW I (212) 719-0200 "Where professional responsibility is more than just a course.*' ™ I I I I I I I , I © 1992 BAR/BRI �The Roaming Photographer by Dan Harris, ContributingPhotography ,, This week's question:"How do you relax ? David Cotter, 3L: "I don't know that I do." Maureen (Mo) Olives, 2L: "By giving a generous donation to the BPILP Pledge Drive." Amos Edelman, IL: "I get a hot cup of chicken soup at the auto-mom in front of the library." From the Balcony byBob Garnsey it's not in the same class as the two films mentioned above, nor, in my opinion, is it deserving ofan Oscar bid. The story involves a young Marineprivate stationedatGuantanamo Bay inCuba who dies after being violently assaulted in his barracks by two fellow Marines. When the attackers arecharged withmurder andbrought toWashington fortrial,the NAVY JAG Corps assigns a brash young officer (Tom Cruise) with no trial experience to defendthem. The Navy is determined to close the book on the case as quickly as possible, and at first the In the tradition of such classic courtcynical, slightly too irreverentCruise isall too room dramasas Inheritthe Wind andTo Kill happy totake the plea. But uponfurther invesa Mockingbird comes Rob Reiner's A Few tigation, and at the prodding ofhisco-counsel Good Men, a real crowd-pleaser which has (Demi Moore), Cruise begins to suspect a been tremendously popularwithaudiences and cover-up oftheincidentinvolvingthefanatical has recently received an Oscarnomination for Marine commandant at Guantanamo, played, Best Picture. That this movie is up for Best with greatrelish, by JackNicholson. Picture is clearly due more to its popularity Nicholson'scompelling presenceiswhat than to its merit as a film, for while itpacks ultimately holds the film together. In his considerablepowerand melodramaticappeal, fanatical devotion to hismissionand hisblood- ...Alumnus that he would be precluded from doing as a continuedfrom page 4 ons possession in the death of the Reverend Joseph Bissonette, age 55, inthe rectory ofSt Bartholomew'sChurch. hi addition, Jones was convicted oflailing Monsignor David Herlihy, judge. to going back to trying cases. hard for the people. ''Outstanding " is theway thatMr. Vacco describes recent U.B. graduates. He said that he has had exposure to U.B. students in two fashions, both through the summer law clerk His proudest accomplishment since graduation was becomingU.S. Attorneyat the ageof3s,beingappointedjust ten years outof law school, saidMr.Vacco. Only ninety-three 74,who wasfound tiedto achairandrepeatedly U.S. Attorneysareappointedby the President stabbed inanother church, two weeks after die for the whole nation, noted Mr. Vacco, fewer murder ofFather Bissonette. Mr. Vacco said U.S. Attorneys than UnitedStates senators. It thatthis case was importanttohim because the is a wonderfuljob and an honor to serve the crimes consisted of 'two very senseless and people and the community in a job of this particularly gruesome murders of two indinature, he said. "I am a public servant and my viduals whohad givenofthemselves alifetime entirepro fessktnal career hasbeen devotedto ofservice to the community and because the beingapublicservant," statedMr. Vacco. He two priests werecutdown senselessly." Mr. said thatU.S. Attorney is the "bestjobapublic , Vacco said,' 'although the two [defendants] servant could everhave ' and thathe "worked will spend all of their adult lives in jail, I feel hardas apublic servant*' and puta lot oftime that justice was served and feel pretty good intohiswork. The staffofthe U.S. Attorney's about that." Office for the Western District ofNew York As U.S. Attorney, Mr. Vacco said he puts in moretimethan any oftheotherninetyhandles administrative matters and has not three offices in the country, said Mr. Vacco. tried a case since he became U.S. Attorney. Mr. Vacco commented thatthis "reflects on Mr. Vacco, a Republican, probably will be my style and the way I like to deliver government services to thiscommunity." Mr. Vacco replaced by a Clinton Administrationappointee. Mr. Vacco said that he enjoys being an said thathe has no fear that the public has not , advocate and that he enjoyed being an advogotten it smoney's worth outofhis office. As cate for thegovernment. He is kx>king forward apublic servant, saidMr. Vacco, he has worked Although many past U.S.Attomeyshave becomejudges, Mr. Vacco saidthathedoesnot want to become ajudge fora long time. He said that it is harder to be ajudge than a lawyer and he enjoys being an advocate. In addition, he said that there arc things he still wishes to do The Opinion 8 his experiprogram at his office and through ., enceas ail instructor in U.8 s Trial Technique March 18, 1993 and-guts brand ofpatriotism, notto mention his contempt for civilian institutions, he makes Ollie Northlook like a pacifist. And Kiefer Sutherland is surprisingly good as a Biblethumping Marinelieutenant, whose onlyallegiances are, as heputs it, "to the Corps and the Lord GodAlmightily.'' Beyond that,though, there's nothing terribly special about A Few GoodMen, Predictably, Tom Cruise engages in fits of overacting, and it's a little hard to Bryce Baird, 2L:"By thinking of new ways to antagonize members of the Law Review." Mr. Vacco offeredthefollowing advice to law students graduatingtoday. He tellslaw students to "recognize that your law school accomplishments, or lack thereof, are now behindyou,andwhereyougo fromhere, from the point ofgraduation, will largely be measuredby howyou doas a practicing attorney. Youwillnotbemeasured somuch by whatyou accomplishedatU.B.,butbywhatyouaccomplish as a U.B. graduate. Your law school experience will operate to get you your first job. Once throughthedoor ofthatfirstjob,your law school experience, although important to youpersonalry.won'tdeterminewhereyougo afteryourfirstjob." Mr. Vaccosaid, "Iwasn't onLaw Review and wasn'tonMootCourt, but was a pretty good district attorney and my performance on that job led me to one ofthe mostrewardingjobsinourprofession. Onmy way here, nobodyonPresidentReagan's staff askedmehow many H's I gotin law school." Mr. Vacco noted, "If I had been onLaw Review,it would not have hurt,but the fact that I wasn't, wasn't a liability either, because of swallowhischaracter'soveraighttransformation from a softball-playing smartass who's never seenthe inside ofa courtroom to Clarence Darrowinauniform. Demi Moore looks great inNavy whites,buthercharacter is dullandher acting, as usual,is so-so. And the courtroom histrionics between Cruiseand Nicholson get sooutofhandattheend,youmayfindyourself leaping outofyour seatto object. Still, A Few GoodMen isan entertaining fibn.worth seeing at least forNicholson's performance. It's not as goodas advertised, to besure, andcertainly notas good asThe CryingGame. Nonetheless, my performance in theprofession. Forthose[in Irecommend it, withreservations. law school] thathave worked hard, itisn'tover, its justbeginning, and for those to whom it Program. "Ihavebeenamazedatthequality came easy, itsjustbeginning, nowyou have to ofthe people in both," said Mr. Vacco. He work hard. People in this [U.S. Attorney's] continued, saying thathe is' 'really impressed Office gotherebecause ofwhatthey didwhen withthe qualityofthepeople." In addition, he they gotoutoflaw school. My message isthat said, "every year thatI've been here [at the the average law student can still definitely U.S. Attorney's Office], except for one, the excel career-wise. That's myreal message to leadlawclerkhasbeenfromU.B." Continuing grads, thatthey can still dowell in theprofesthis trend, the lead law clerk at the U.S. sion." Perseveranceand hard workareimporAttomey'sOffice this summerisU.B. student tant, advised Mr. Vacco, saying that thereare HelenPundurs, said Mr. Vacco. a "whole universe ofpeople without [Law Mr. Vacco said that U.B. graduates Review and MootCourt] credentials whoneed "stackup very well against graduates from to know that once you get out oflaw school, otherlawschools. Today'sU.B.graduatesare what matters is howyou do inthe dailypractice betterthaninthepast,saidMr. Vacco, because ofyourprofession.'' thereis a' 'muchbettercandidate coming into Mr. Vacco recommended to U.B. stuthelaw school today and thatthese students dents that, as they look at career options, they are' 'much more seriousaboutthe law school giveserious consideration to a careerin public experience and that is reflected in what they service. He said that hehas found it a very are getting out ofit.'' rewarding endeavor, although maybe not fiActive in community and professional nancially. He said thathe hopes "that public activities, Mr. Vacco said that he is on the U.B. serviceremain aviable option, as people look Law Alumni Association Board ofDirectors at career choices." "Some of my proudest and theBoard ofDirectors oftheWestern New moments have been to helpnew law graduates Yorkand Erie County United Way. Also, he find jobsasprosecutors,'' headded. said that he is Chairman ofthe Community In conclusion, Mr. Vacco said that he Commission onAlcohol and Substance Abuse would like to continue his associations with and a member ofthe National District AttorU.B. Law School, bothwiththe Alumni AssoAssociation, addition, Vacco hi Mr. said ciation and Trial Technique. He said that he neys thathe is theChairmanofthe Attorney General's is a Trial Technique instructor because he feels that this is one way of givingback to the Advisory Committee on Environmental Matnational committee ters, a he chairs because Law School. Trial Technique was the course he was instrumental in 1989 in recommending that contributed most to liis career choice, and to Attorney General Dick Thornburgh that a teaching this course represents his commitcommittee onenvironmental affairs beformed. ment to theLaw School. �...Report S.B.A. Briefs New Lounge Afteragreat dealofdiscussion, planning and cooperation with theadministration, anew loungewas recently added. The new lounge was added to pro videanother common area for law students to congregate and to also add a warmer feel to this institutional building. The placement ofthe lounge on the first helps to establish a central location for law students. Perhaps future S.B.A. administrations might considerplacing additional bulletin boards up tbrgenerallaw student use. Nevertheless, this lounge is in_additionto ourcurrent lounge on the first floor. The problem in thepast hasbeen that students studying in thefirstfloor lounge have been displaced bylaw student groupsusing the room for meetings etc. The solution was tocreate a space forstudentswhich would not subtract fromareaswealready enjoy. Thelounge isa welcomeaddition and even more desirable since it was the product of studentadministration dialogue. The onlyitemremaining is a name forthe new common area. Ifyouhave a suggestion, put itonpaper along with an explanation ofthereasons not toexceedonepageandsubmittotheS.B.A.by Apri12,1993. Adecisionby theBoard ofDirectors will follow. I'd like to that Anna-Marie for all her assistance. Financial Seminar On March 30,1993 at 6:30 pm in room 106, the S.B.A. will be sponsoring a financial seminarforall law students. Topics to becoveredinclude sourceof financial help both during and afterlaw school, debt-management etc.. This seminarused to bearegular eventhere at thelaw school but somehow itwaslost in (he shufflebetween S.B.A.administrations during 1982-1983. Wellwe found it and havescheduled it for you. So watchyour mailboxes formore information whichshould beforthcoming this week. S.B.A. Executive Board Elections Well it's thattime ofyearagain. The elections are upon us. The officialvotes will be caston Tuesday March 2 3,1993 & Wednesday March24,1993 infrontofthe law library. The candidates are as follows: Office ofPresident: Saultan Baptiste Office ofVice-President: OfficeofTreasurer: Office ofSecretary: Gary Simpson PaulBeyer Kevin Collins TamieJoMorog Stephen Lee Marc Panepinto Shirley H. Fang The S.B.A. will besponsoringacandidateforumon Wednesday March 17,1993 109. Additionally, the candidate statements are in this issue of The Opinion sopleaseread, consider and ifyouhave a question,ask the candidates. I understand thatBLSA, LALSA andAALSA will also be conducting a candidate forum so just check with them, you'll find their numbers in the Phi Alpha Delta Directory. at 6:00 pm inroom S.B.A. BudgetReforms Atthe S.B.A.meeting onMonday March 15,1993(the snow day)the S.B.A. Board ofDirectors hammered out a budget reform package. We have outlined our proposals in theaccompanying article. Ofnote is the creation ofa lecture series fund, streamlined budgetary process, and astudentfee increasefrom $34.50 a semesterto $50.00 asemester. These reforms holda great deal ofpromisefor the futurerunning ofS.B.A. and I hope you'llread and ask questionsabout thesereforms. Iwouldalso like to take a moment and thank all ofthe Class Directors for building the consensus needed to get this package together. Student Group Budget Hearings As the groupsalreadyknow, the process forbudgeting fornextyearhas already begun. Overthenext few weeks the S.B.A. FinanceCommitteewillbeworking with student groupsto put together financialpackages everyone canlive with. Thisprocess willcuhninatewiththeannualendoftheyearS.B.A. "Budget Summit". Ofcourse everyone is welcome. Student GroupSupport As thegroupsalready know, the S.B. A. recently upgraded the studentorganizationphones. This is quitean event since the telephone equipmentpreviously being used some say dated back to the 19705. Additionally, the S.B.A. was forced to pay an exorbitantrental fee for that equipment. We are saving money and integrating modern technology all at once. Its a win-win. ThirdYears-ThreeThings One, we are almost done. Second, The Margulis Award. Dale S. Margulis, ofthe Class of 1982 died suddenly in August of 1982. To honor hismemory, his classmates, family and friends established thisaward. Itis presentedto thatmember ofthe graduating class whohas contributed mostto thelaw schooland the community. Candidates for the award are nominated by members ofthegraduating class and therecipient is selected by theDeans. You may submityour nomination to the Dean in writingby March 19,1993. Third, the candidates for student speaker at commencement are in. A list is posted outside theS.B.A. office intheglasscase. Incaseyoucan'tmakeittotheglass case, I've included their names below. The election willbe heldconcurrently with the S.B.A. Executive Board elections on Tuesday March 2 3 & Wednesday March 24 ofnextweek. SuzanneAbair.StuAustin... JillBarr...Shawn Boeringer... ScotFisher Carla Goldstein...Michael Hewitt...LouisHiggins...Frank Housh David Jones...BillKennedy.. ..DavidLask...HankNowak Jennifer Pitarresi...DeborahThuman...No Speaker Wehave a number of qualifiedcandidates and I wish them all thebest ofluck. continuedfrom page 1 process. The SBA is now using "zero-based budgeting.'' Each group will have to submita detailed,line-item budget and will berequired to justify eachand every part ofit. TheSBA will determine how much each group will , receive from the overall' 'pie ' based on the validity of these justifications. All of the remaining money will be distributed to the student organizations in this manner withone exception. Aftereachgrouphas submitted requests, the SBA Board of Directors will make an estimate ofthe amount ofmoney needed to fund all the lectures which will be presented during the coming academic year. We wouldlike topoint out that R& I has raised its user fees, and is capable ofraising themagain in thefuture. Therefore, the$20,000 figure is probably an underestimate. If there was no increase in the student activities fee, the R & Iincreases would have to come right out of the March funding or supplemental funding. In addition to thecomprehensive amendment in the appropriations process, theSB A is Moreover, the SBA is also proposing a lecturer/speaker series budgetary line in order to provide fora singlereliable sourceoffunding for lecturers and speakers. As a result of implementation ofthe new lecturer/speaker lineSßA groups willno longerfind itnecessary to utilize their operational funds forpayment oflecturers or speakers. Any funding in the lecturer/speaker line which is unutilized in a given fiscal year shallberolled over into the followingyear'sbudgetaryline. Student Fee Increase The present SBA allotment to R & I services for Academic year 1992-93 iss7soo. Based on the student usage study done in the Spring 1992,theSBAallotmentisscheduledto beincreased in 1993-94t0510,227. An increase in the student mandatory feeisnecessary tocover theincreaseof $2,727. foracademicyear 1993-94. Additionally, given therealitiesof inflation, further increases inR &I costs shouldalso be provided for in the fee increase. To cover these future increases, anotherS 1273.should beput aside inpreparationfor this event. A total increase of$4000 is necessary to ensure future access for lav/ students to R & I services. An increase in thefee to $ 50. would put onpar withthe fees chargedat otherstate law schools, such as the UniversityofCalifornia, GeorgiaState, and Rutgers, all ofwhichhave fees above this level. In light ofthis,the SBA is proposing a student fee increase to $50./ semester. The proposedreferendum shallread: The mandatory fee will be $50. per semester and this fee cannot be raised for at leastthree(3) years. Thefee increase will take proposing aflat rate funding criteriaforall new group startups. As offiscal year 1993-94,all new law studentgroups,having complied with all theapplicable procedures forrecognition as alaw student group underthe SBA constitution and bylaws shallreceive, uponrecognition by the SBA, the sum of$200. Said recognition procedures shall include but are not limited to having at least ten or morelaw student signatures as members, submitting agroup constitution to the SBA, and submission ofa satisfaceffect in the fallof 1993. tory budget request for the $200. ...Increase, continued/mmpage 1 offunds granted during the prior year. student organizations, the SB A isalso proposing $200.00 start-up funding forneworganizations which comply with specific SBA proceduresand is officiallyrecognized by the SBA as a student organization. To allocate student funding in a more effective manner, a budgetary policy willalso be implementedthroughwhich each groupwill be considered on the basis oftheir individual annual budgetproposal,ratherthan theamount Benefitto StudentGroups: Although several class directorshave expressed concern regarding theextentofthe increase, most feel that an increase is necessary. SBA President William F. Trezevant stated,'' Given our (SBA' s) trackrecord with the usage ofthese funds, the incremental increase is immeasurablewhencompared to the benefits to such organizations as theDomestic Violence Task Force, the Prison Task Force.. .and other student organizations '' Hearing on theViolation ofWomen's Human Rights An " International Hearing on theViolation ofWomen' s HumanRights'' willbe heldThursday,March2s,l993 from6:3o- 10:00p.m.intheauditoriumofthe Buffalo Museum of Science, 1020 Humboldt Parkway. The hearings are sponsored and organized by theHuman Rights CenteroftheUniversityat Buffalo and VrVE,lnc.,an organization of world refugees. The event is free and members ofthe public are encouraged to attend. The hearing is being held to documentfemale humanrights abuses around the world, including within the United States. The Buffalo hearing willfocus onrefugee women, women who are victims of domestic violence, and women in poverty. Testimony will be taken from women who have directly experienced human rights violations and from serviceproviders,academics, and activists whohaveboth worked withthese women andhave advocated on behalfofwomen inWestern New Yorkand around the world. Persons ottering testimony include women from Somaliaand Liberia, as well as stafffrom theCenterfor Victims ofTorture inToronto and Haven House, a Buffalobased crisis center for women victimsof domestic violenceand their children. Persons hearing the testimony formapanel oflocal officials in government, law, the judiciary,health care, social services and immigration.'' Hearers'' arepersons who have the ability to take information from the hearing and use it to sensitize, educate, and, in some cases, alter the way women who suffer abuses are both perceived and treated within the various systems mandated to facilitate services and provide legal representation. Documentation from the hearing will be forwarded to i .nome Blanca, the Secretary General ofthe June, 1993''World Conference on Human Rights'' to beheld in Vienna. Reports from women's hearings all over the world are being sent to the Secretary General withtheexpresspurposeofasking the 1993 Preparatory Committee for the conference to comprehensively address women's rights at every level ofthe conference proceedings. Thegoal is to convince the conference organizers and other human rights bodies to recognize women's rights as human rights and to take direct action to redress systematicattacks on women's humanrightsaround the world. This international campaign is coordinated by the Center for Women's GlobalLeadership at Rutgers and the International Women's Tribute Center at the I Inited Nations. More information and a list of persons providing testimony and the panel of hearers areavailable from Julia I lall or Jamie Han at the Human RightsCenter at 645-20730r833-2564. March 18,1993 The Opinion 9 �Simpson & Collins, Baptiste, continued frompage 6 manoftheNYU Council ofPresidents while an undergrad, I wasable to address the concerns 0f215 studentorganizations withvarying ethnic, politicaland individual interests. Through effective leadership, I was able to develop a commonagenda through whichpositivechange was mobilized and implemented. I am committed to applying those same skills to improve the quality of life here at UB law. As students, we have all come to law school for differentreasons, but we share the common desire to do our best academically and to get agoodjobupon graduation. Firstand foremost, my job asPresidentof the SBA is to increase the value ofourdegrees and make us morepro fitable in the jobmarket. This is done by working to enhance the qualityofoureducation and creating an environment for students to be moreproductive in theiracademic pursuits. IfI,as President, can help you to be a moreproductive studentby guiding you to a appropriate source withoutthe beaucraticrunaround, or helpyouto selectyour courses with aCourseEvaliiationGuide,oreffectivelylobby withthe administration on your behalf, then I am doingmyjob. As UB law students,you don't needany moretoftypromises-Youwantresults! Throughout our campaign, Paul and I have tried to represent the samelevelofcare, professionalism, and commitment weintend to perform as youradvocates in student government. Idonot claim to know allthe answers,but withaunited SBA, that is committed to representing your interests in a professional manner, those answers can be fostered, developed and madea reality. I am committed to doing my best and continuing to produceresults foryou. Please support both Paul and I during next week's , election. You are the SBA andyour vote can ma I.; a difference in your lifeand the lives ofyour fellow students. Thank you foryour time. Beyer, cooperation inaddressing people' s needs. A myriad ofimportant issues face UB law students in the coming year: the confusing of the new grading system and the controversy overits effective date;thelack of nature timely feedback from professors; the loss of office and community space inO'Brian Hall to other schools; and day care, among others. In addition, I will also develop a grant-writing training program for groups and interested students and provide monetary incentives which rewardgroups foreffective fundraising. However, these issues can only beaddressed if we build a stronger, more unified SBA. That starts with effective leadership; the type of leadership that I, along withmy Presidential running mate, Saultan Baptiste, can provide. In 1989, the American Cancer Society came to me with some of the same problems thatthe SBA is having interms ofadvocating effectively. Ideological differences among theirBoard ofDirectors hadledto inactionand theirissues were notreceiving adequate attention in the state legislature. In a short time, I brought them togetheraround acommon mission, organized their grass-roots constituency and made them a respected and influential player in the legislative arena. I have already begun a similar process within the SBA and I am confident that it will result in greater student influence with the Administrate in and a heightened ability for the SBA to representyour interests professionally. With your support, I will continue this approach as your Vice President. Thawk y< )iiand Iencourageyou to votc<>n March23rdor24th. Vote! I 10 The Opinion scholarship sources manual - Lobbying theNew York StateLegislature and New York State Executive agencies for summerjobsand internships The team ofSimpson and Collinsoffers a diverserange ofexperience andknowledge necessary to be effective leaders. Simpson brings the experience o fa seniorassociate for a New York State Legislative Commission as a program evaluator, with an extensive background inpublic policyand budgeting. Forthe past two years, he has been actively involved invarious groups ranging from the BLSA, the Sports andEntertainmentLaw Society, to the DesmondMootCourtßoard. Collinsbringsthe dedication to and belief in effective representation. He has been very active in student groups, including theLabor And EmploymentLaw Association (LAELA), theNLG and BPILP, as well as creating the Group Spotlightinthe Qpjniojiin an effortto enhance student awareness of the various groups in existencehere at theLaw School. Collins was a Shop Steward for a union in New York City. He recently assisted the Graduate Student Employees Union in organizing here at ÜB, and is currently a Student Defender in the University disciplinarysystem. The team ofSimpson and Collins have known each other for two years. This team shares similar ideals for enhancement ofthe Law School'sreputation throughouttheregion and the nation. As Layout Editor and News Editor, Simpson andCollins have workedtogether on the Opinion for the past two years. Moreover, Simpsonand Collins have coordinated their efforts to diligently bring about positive change in the SBA. Together, the team of Simpson and Collins will strive to provideall Law Students withstrong representationthrough effective teamworkand assertiveleadership. If you believethis is the type ofstudent representation youdeserve voteSimpsonand CollinsonTuesday,March23 and Wednesday, THE LABOR AND EMPLOYMENT LAW ASSOCIATION THE LAW STUDENTS FOR CORPORATE ACCOUNTABILITY PRESENT THE FIRST ANNUAL WORKER AND CONSUMER RIGHTS CONFERENCE WEDNESDAY, MARCH 31, 1993 IN ROOM # 106, O 'BRIAN HALL U. AT BUFFALO LAW SCHOOL, NORTH CAMPUS AMHERST, NEW YORK 14260 FIRST PANEL: CONSUMER RIGHTS: 10:00 A.M. SECOND PANEL: WORKER RIGHTS: LABOR ORGANIZING IN THE VO's: THIRD PANEL: WORKER RIGHTS: THE ROLE OF LABOR ATTORNEYS: EMPLOYEE ADVOCACY IN THE VO's: - 4:30 P.M. 7:00 P.M. RICHARD CLARK, NEW YORK STATE DIVISION OF HUMAN RIGHTS JENNIFER A. COLEMAN, PRACTITIONER (EMPLOYMENT DISCRIMINATION) RICHARD FURLONG, INTEGRATED LABOR SYSTEMS JOSEPH KINNEY, NATIONAL SAFE WORKPLACE INSTITUTE TONY OPPEGARD, MINE SAFETY PROGRAM (KENTUCKY) JOHN PATTERSON, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES SCHMIDT, FARM AND MIGRANT WORKERS LEGAL SERVICES ROBERT SZYMANSKI, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION EVENING PRESENTATION AND DISCUSSION: 7:00 P.M. ANDREA SAMMARCO, PEOPLE FOR THE FOR FURTHER INFORMATION CONTACT: ■ March 18, 1993 - 8:00 P.M. ETHICAL TREATMENT OF ANIMALS JOSEPH BELLUCK, (716) 645 KEVIN COLLINS, (716) 838 - - 2748 0654 CO-SPONSORED BY: THE GRADUATE GROUP ON HUMAN RIGHTS, THE LATIN AMERICAN LAW STUDENTS ASSOCIATION, THE NATIONAL LAWYERS' GUILD, THE STUDENT BAR ASSOCIATION, THE STUDENTS OF LAW FOR ANIMAL RIGHTS Fang, copier. I feel the positionofTreasurerrequires continuity. During my tenure as SBA Treasurer, I have established aworkingrelationship withSub-Board Oneand withthestudentgroups themselves. I have laidasolid foundation from which I know I can increase efficiencyand cost — soas to streamlineand expedite the repayment ofthestudentethemselves. This wasdone with the help ofthe new AdministrativeAssistant. With the Administrative Assistant in place, the SMA () Hlce was open to students at specified hours to till out any necessary forms and, more importantly, to allow them access to the - 4:30 P.M. 2:00 P.M. RICHARD L. AHEARN, NATIONAL LABOR RELATIONS BOARD ELLEN GALLANT, COMMUNICATIONS WORKERS OF AMERICA TONY MAZZOCCHI, OIL CHEMICAL AND ATOMIC WORKERS UNION JAN PIERCE, COMMUNICATIONS WORKERS OF AMERICA DUANE STILLWELL, AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION JERRY TUCKER, UNITED AUTO WORKERS, NEW DIRECTIONS MOVEMENT savings forallthestudentgroups. This is whatI am offering to you: MY EXPERIENCE AS THECURRENT TREASURER AND A PROVEN SYSTEM IN Morog THINGS DONE. PLACETHATGETS continued from page 6 I hope you will all take the First ofall, SchoolBoardregarding budgetcuts, and settime to go out and vote. And ifyou do VOTE tling arguments between my 7 and 8 year old EXPERIENCE; STEPHEN LEE FOR FOR daughters, I have developed valuable skills Iwouldalsoliketoextend SBA TREASURER. which will help the SBA next year. These to all the other candidates the best of luck diplomatic communicationsand management running for the various other executive skills will allow me to interact effectively positiouns. with the diverse groups ofstudentsattending law school atÜB. Panepinto 3.1 havemetanumberof students here 6 continuedfrontpage havebeen and involved in the UB community inmany differentways.I haveawell-rounded baronarotaring basis idea ofdifferentfacets ofUB andam looking the expresso/capuchino they much like dothepresentcoffee sales. The forward to increasing myknowledge about the revenue generatedfromtheexpresso/capuchino school-itsprograms, itspolicies, its students, its faculty and itsadministration duringthe bar will be larger and more consisent than the funds presently raised because ofthe larger nextyearasvice-presidentoftheSßA. fitmarginofexpresso/capuchino compared pro When you vote for me you can rest to co ffeeand the dailyoperation ofthe service. assuredthat I will bring integrityand organizaLocationoftheexpresso/capuchino bar tionskillsto the SBA. In addition, I will do my thefirst floor loungeprovides acomfortable in best to represent eachindividual studentforthe atmosphere which is more conducive to stubenefit ofall. dent interaction than the hallway and might also promote faculty and student interaction. Lee, To quotea much overused phrase: this idea is continuedfrompage 6 a' 'win, win situation for everyoneinvolved. but, more importantly, to SAVE themmoney. SBA invests studentfees into an activity which Thefirststepwasthepurchaseofacopier. This increases therevenue ofstudent groupswhile copier helped the student groups stretch their at the same time creating an atmosphere which budgets morebecause thestudent groups were promotes interaction between the entire law charged lesspercopyby theSBA. Thenextstep school community. was thereplacement ofthe old rotary phones to If elected SBA Treasurer, I will work the purchase ofnew touch tone phones. This to achieve this objective, and any vigorously was doneto save the student groups the long other ideas which are innovative and fiscally term rental costs ofthe oldrotary phone equipviable. I envision SBA as an organization ment. My next goalwas to restructure the SBA - 1:00 P.M. PAM GILBERT, PUBLIC CITIZEN CONGRESS WATCH MARK GREEN, NEW YORK CITY CONSUMER AFFAIRS COMMISSIONER RUSSELL MOHKIBER, EDITOR, CORPORATE CRIME REPORTER ARTURO RODRIGUEC, UNITED FARM WORKERS CHARLES TIBBETT, PRACTITIONER (ENVIRONMENTAL LAW) March24. continued frompage 6 tV.'VV continued frompage 6 which shouldbegin to respond pro-actively to studentneeds insteadofcontinually reacting to problems. As SBA Treasurer, I will promote pro-active student government which meets the needs ofall law students. Sincerely, Marc Panepinto I Vote! Votet| continued from page6 justice system. My experiences as a staff member instilled in me the belief that programssuch as these are imperative for restor- ing faith in the judicial system forthose insular groups whichare oftenignoredor systematically discriminated against in society. There is no doubt that in this particular program, the Chinese-speaking staffis better able to communicate and develop a rapport with these victims and to break down their fears and misconceptions about the judicial process. Additionally, I wasalso a volunteer for the District Attorney's Domestic Violence UnitinNew YorkCity.This unit, whichhandles the prosecution of cases involving battered womenand physicallyabused children, monitors and screensallcases ofviolence within the family unit. Asa volunteer staffmember, my workconsistedofguiding victims through the criminal justice system. One of my primary responsibilities on thisunitmc luded providing victims and theirfamilies withcounseling in an effort to minimize the traumaand hardship ofnumerous and lengthy court appearances. Hence, Irecognize the importance ofcounseling victims of domestic violence in order to help them overcome the emotional and psychological trauma associated withvictimization. My undergraduate experiences at the University of Pennsylvania in Philadelphia hasalso made me vastly awareoftheproblems endemic in our community at large. As an active member oftheKite and Key Society, a studentorganization dedicated to University and community service, I participated in activities such as the Step-One Tutoring Program, the Ronald McDonald House, and Philadelphia'sHeadstart Program. As an active participant in these community service activities, I progressively became conscious ofthe dailycircumstancesand problems which confront inner city inhabitants. Therefore, my exposure to thesevaried interests convinces me that citizen activism and participation is pivotal in addressing the inadequacies and the unfairness in society. Equally important, my experiences provide inewith the fundamentalsof management and leadership necessary to effect changes. ( 'onsequcntly I strongly urge your support of jUtyjiyindidacy as Secretary ofthe SBA. , �FDGFDGR REdsf sdf Latin American Law StudentsAssociation What: Speaker: Srta. MagdaEnriquez, the Sandinista representative to the US and Canadian governments When: Thursday, March 18 at 6:00pm Where: 212 O'BrianHall Shewill be speaking onthe human rightscondition ofNicaraguan womenpre- and Lowdo post-Sandinistaßevolution. wn: What: Latin Night at Mulligan's When: Saturday, March2o at 10 pm-?? Where: Mulligan'sonHertel Avenue Lowdown: Dancing, Dancing, Dancing! Getinvolved, participate,and celebrate with us our Latin American heritage! AsianAmerican HeritageWeek What: Film: "BlueCollarand*Buddha" When: Monday, March 22 at 12:30 Where: Firstfloor lounge, O 'BrianHall Lowdown: Filmexamines misconceptions about Southeast Asianrefugees living in Illinois and therole ofthe Buddhist Church in the community. ...Compete continuedfrom page 3 Mississippi. peals. Thejudgeswerelocalattorneysuptothe quarterfinals after which local judges were presentatthe finalrounds. As the competition marched ahead from exordium toperoration, In termsofconstructive criticism, Mike mentioned that several teams that competed againstBuffalo indicated to him andMichelle thattheir schools were very devotedto Moot Court Certain schools evengave tuition waiversto students whomade itto the finalrounds. In addition, there were appointed full time faculty members at certain schools who only coached Moot Court Teams. Mike stressed that perhaps Buffalo must begin to display moresupport for its students in terms ofcoaching and encouraging students to get actively involved in these competitions. MichellementionedthatasthCircuitCourtof Appealsjudge by the name ofJudgeWisdom sat in on the finalrounds. Shifting gears to the hedonistic part of this trip, Michelle and Mike mentioned that theMardiGraswas"funtastic." They visited the zooinNew Orleansand even sojourned into the "Big Sleazy" onßourbonSt Thebanquet for the competition was held on the Creole Queen, apaddle boatthat wentup and downthe Tonight! Thur3/I8 Four Local Bands Headline CIRCLES Benefit The 2nd Annual Circles: The Buffalo Women's JournalofLaw and SocialPolicy fiindraiserwilltakeplace 18,1993,10 p.m. - 3 a.m.. The Jazzabels, Kathy Moriarty and Planet9,Gary Stormand the Seventh Generation, and The Hot Cargo String Band aretheline-up foran eveningof folk,rock, jazz, oldclassic, and hotoriginal music. Tickets may be purchased at the doorfor $5. Circles is an interdisciplinary journal published by students of the StateUffiversity ofNew Yorkatßuffalo SchoolofLaw,theDepartmentofComparative Literature, and otherinterested students. Circles provides aforum for exploring the legal and social challenges facing women ofdiverse races, classes, and cultures. Themedia ranges from articles, commentaries, poetry, fiction,bookreviews, photography and artwork. Circles, in its second year, is dependenton grants, donations,and fund raisers for funding its publication. All proceeds from the benefit will go to at Nietzsche's on March publication of the second volume of Circles. What: Film: "UnfinishedBusiness" When: Tuesday,March23at3:3O Where:Firstfloorlounge, O'Brian Hall Lowdown: Academy Awardnominated film documenting three men whorefused tobe interned and were imprisonedfor violating ExecutiveOrder9o66.The filmalsoshows effortsby the three toreopen theircases and overturn theirconvictions. What: Asian Food Fair When: Wednesday, March 24 at 12:00noon Where: SecondFloor,O'BrianHall Lowdown: Sample avariety offoods foronly $3.00 per plate. What: Speaker: Elizabeth Ouyang When: Thursday, March 2 5 at 12 noon Where: FirstFloor lounge, O'Brian Hall Lowdown: Ms. Ouyang, the StaffAttorney forthe Asian AmericanLegal Defenseand Education Fund, will be speaking on monitoring hate crime trialsand public interest work in the Asian American community. ! Tonight!Thur3/l8 | S Hibernian Law Society S i Annual St. Patrick's Day Party i I at "The Left Bank," Rhode Island,Buffalo, B:3opm $3 for unlimited beer and some food (til midnite) | Commencement 1993 Commencement 1993willtake place on Sunday, May 16,1993,at6:00p.m.in the AlumniArena. Areception willbeheld immediately following the ceremony in the Student Activity Center. More details on that at a later date. There is no limit on the number ofguests youmay invite to the ceremony or thereception. Rentthe cap, gownand hood atthe UniversityBookstore now throughApril 2nd forjusts4s.9o Call for Papers! The Federalist Society announcesacall forpaperswithachance to win money. The topic? To critically discuss the following rule in terms ofboth its Constitutionality and it's impacton the goals ofeducation: w? lfirstG/nri The University of Wisconsin, responding to an increase in the incidentsof discriminatoryharrassment, amended its student conduct code. The new rule provides that: "The university may discipline astudentin non-academic matters in thefollowing situations.. .2(a)For racist or dis- criminatory comments, epithets or otherexpressivebehaviordirected at an individual or on separate occa- sions at different individuals, or for physical conduct, ifsuch comments, epi thets orotherexpressi yebehavior or physical condiic I intentionally: (1) Demean the race, sex, religion, color, creed, disability, sexual orientation, national origin, ancestry orage ofthe individual or individualsand (2) Create an intimidating, hostile or demeaning workenvironment foreducation, university-related work or otheruniversity-authorizedactivity." Papers will be judged on the quality oftheir content, not on the conclusionreached. The amount of the prize will be determined by the numberofpeoplewho submitpapers. Ifthereare 1 -2 entries,thewinnerwill receive $ 50.00;3-4 entries,thewinner wiUreceives7s.oo;sormoreentries, . ■ •-'"••■ ' '' ■••"'' ■ V thewinner will receive $ 100.00. Copies of the rule can be obtained on request from Box 785. Submit all entries to Box 78 5 by April 1,1993. There isatenpagemaximum and it must be double spaced. March 18,1993 The Opinion 11 �1993 BOOKS ARE IN! BOOK DISTRIBUTION BEGINS: TUESDAY MARCH 16TH REMEMBER: You Must present Your Book Distribution Card and Return Any Old Books to Receive New Ones. IPJgip «■! Ipfji 'frXjl CLASS OF 1993 PLEASE NOTE: MARCH 16TH WILL BE THE LAST DAY TO SECURE THE $1245 TUITION. AFTER THAT DATE THE TUITION WILL BE FULL TUITION: $1395! BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-03-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 14 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/18/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fb6a3967aeae9e8e42c31c1352bb768c.pdf f754cc687bb6df391eeb1ca165968054 PDF Text Text O THE PINION Volume 33, No. 13 STATE UNIVERSITY OFNEWYORKAT BUFFALO SCHOOL OF LAW March 3,1993 Spike's Movies Capture Daily Life in America bySaultan H. Baptiste, ManagingEditor Whenaskedfor the thirdtime duringan press conference "But Spike, don'tyoureally , consider yourself a 'black leader ?" Spike Lee, the worldrenown filmmaker, director, writer,and actor responded,' 'Look, I'm no Jesse Jackson. I'm no Nelson Mandela. I'm just a story teller. I tell stories." And storiesare exactly what Spike Lee toldafter entering Alumni Arena to a unanimous standing ovation from the over 1000 people thatwere inattendance onFebruary 28. Lee appeared shorterthan hisapproximate s'4" height as heapproached the podium, walking with a light shuffleand a slightly hunched back. Butby the conchisionofhis story onhis experiences as an African American filmmaker, heappeared ten feet tall in the eyes of - many. liked the response he received from the film and it motivated him to consider graduate school. Afterapply ingto film schoolsatU.S.C, and U.C.L.A., Lee was successful in being admitted to New York University. Lee said ' 'My GRE wasnothigh enough forthe other "I simply hold up a mirror to present day life in America and say/Look!"' . emy has nothing to do withwhat is good.. .1 knew it would happen. .but don't expect for BestActorand Best Costume Design, has Denzel [Washington] to win for BestActor.'' Lee's first interest in filmmaking was been widely acclaimed as a historic epic. Commenting on his film and the Academy born duringhisjunioryearatMorehouseColAwards, Lee said,''Malcolm A"didas wellat lege,apredominately African-Americancollegein Atlanta, Georgia. He declareda major the box officeas I expected.. .[but] the AcadHis most recent film Malcolm X, al- though onlynominatedby theAcademy awards UB Wins Environmental Moot Court Photo: Paulßoalsvig bySaultanH. Baptiste, Managing Editor Once again, UB has taken the top spot in the national arena. On February 20, thirdyearlaw studentsElizabeth Beiring and Daniel Spitzer won high honors as the winning team in thefifthannual National EnvironmentalMootCourtCompetitionheldatPaceUniversity. Spitzer, whoisalso Editor-in-Chiefofthe Buffalo Law Review, was also successful in winning 4 outof5 rounds as BestOralist. The three day competition consisted of230 competitors from 68 law schoolacross the country, making it the largest mootcourtcompetition in thenation. Thiswas onlythe firsttimeUBlaw has participated inthe three day competition. Thehypothetical case concerned astate statutebanning the import andexport ofhazardous waste disposal in the stateo fNew Union. The case involved three parties state regulators and two competing economic interests. Thecompetitionrequired that allcompetitors argue all three sides ofthe issue at least twice by the time they reach the finals. hi addition to the mootcourt, competitors wererequired to prepare a briefwhich was placed on a Lexis database for students toreview rather than sending a photocopy of67 briefsto each school. Pace University said that they saved 550,000 pages by using theLexis system. Beiring, who was always thefirst speaker, set thetone forthe team by being very composed and conversational, whereas Spitzer was very aggressive and dramatic in his presentation. Speaking of his teammate, Spitzersaid,''Elizabeth was excellent at ans Bering very difficult questions and shealways remained calm, assured, and knowledgeable. She only got betterandbetter witheachround.'' Beiring, who was President oftheEnvironmental Law Society last year, and is currently Editor in ( :hiefoftheEnvironmental Law Journal, had never competed in a moot court prior to (his competition. She stated that - ...Moot, continuedonpage 8 schools, butN.Y.U. didnotrequire aGRE so I was able submitonly my portfolio,'' Itwasat N.Y.U. thatLee met cinematographer Ernest who would come to shoot all of Photo: Paulßoalsvig Dickerson, Lee's films untilMalcolm X. Their first colin Mass Communications andboughta Super laboration was Joe's Barber Shop -We Cut 8 camera. During the memorable summer of Heads for whichLeereceived a StudentAcad1977 when New York City had its famous emyAward. blackout, he made his first movie The Last Having wonthe award,Lee said he got Hustle in Brooklyn, whichcombined the dance an agent and "just laid back and waited for craze of disco with the violence of looting ...Spike, continuedonpage 7 which was rampant during the blackout. He Dr. Aruri Discusses Peace Prospects byKevin P. Collins, NewsEditor OnMonday, March 1,1993,Dr. Naseer Aruritwice addressed the UBlaw school community on the subject ofIsrael and Palestine: The Prospects For Peace. The discussions took place at 12:30 P.M. and 7:30 P.M. in Room 109ofO'Brian Hall. Dr. Naseer Aruri iscurrentlyaProfessorofPolitical Science at the University ofMassachusetts-Dartmouth as wellas aMemberofthePalestinianNational Council. Dr. Aruri was born in Jerusalem, in Palestine, and came to the United States in 1954. He has received three degrees,aßS,MA,andaPh.D. fromvarious universities inMassachusetts. He hasbeen teaching at the University ofMassachusetts-Dartmouthsincel96s. Dr.Aruriisthe authoroffourbookson this area, including Occupation: IsraelOver Palestine. Hehasalso beenpublished inmany journals. Dr. Arurihas served three termson theßoardof Directors ofAmnesty International, and is amemberof the Middle East Watch as well as the Middle East Research andInformation Project. Dr. Aruri is thefather ofcurrent law student, 3L Jamal Aruri. The discussion was presented by the Palestinian Student Association, and was co-sponsored by the OrganizationofArab Students, theOrganizationofMiddle Eastern Women, theHuman Rights Center, the National Lawyers' Guild, and the American-Arab AntiDiscrimination Committee-Buffalo Chapter. Dr. Aruri centered his discussion on the topic of Palestine and theprospects for peace inthe MiddleEast. Heno ted thatthis is inevitably interrelated with the other issues oflsrael's concerns for security and the Arab states concern forterritory. The question ofPalestine, Dr. Aruri pointed out, is the essence ofthe problem. He cited how the Arab-Israel conflictderives from thePalestine-Israel conflict. The crucial issue facing the Middle East today, according to Dr. Aruri, istheprospect ofpeace between Israel and Palestine. Dr. Aruri commented that the Palestinianpeoplehave been transformed fromanormal people into an abnormal people. In 1948, they were fragmented intorefugees and stateless people. Another segment became a minority in Israel, where the Palestinians used to bea majority. The Palestinians today are not entitled to the same rights as other citizens. The people in the West Bank in Gaza live under military occupation. Dr. Aruri stressed thatUnited Nations Security Resolution # 681 ofthe GenevaConvention applies to Israeland the occupied territories and thatIsrael must comply with the terms of the Geneva Convention. ...Aruri, continued onpage 9 Dr. Aruri, a member ofthePalestinian National Council, lectures to UB students. Photo: Paul Roalsvig HIGHLIGHTS „ Group Spotlight Editorials and Commentaries Roaming Photographer. Docket 3 4-5 8 II �DO YOURSELF JUSTICE Study with Pieper... and pass. IT] 1 1 J II II II J^ PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1 -800-635-6569 or 516-747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Tcskc �Dean Accused of Perjury THE FEDERALISTS byKevin P. Collins, NewsEditor The Federalist Society (the Feds) is a law student organization that, as one ofits primary purposes, offersan opposing viewpoint to what it perceives as the nationally liberal legal scholarship. The Society also brings togetherconservatives and libertarians. It is an organization that exists to offer a dissenting voice. The UB chapter in the law school exists for the same purposes- to offer opposing viewsonlegal issuesand to strivefor intellectual honesty. According toUniversity atBuffalo Law School: 100Yearsl887-1987.hyRohertSchaiK '53 and JamesArone'Bs,atpp. 178-179, the Federalist Society is a national organization byDanHarris ance, are a society taking a new direction. They are attempting to become a mainstream organization. The Feds still want to be an outletfor and to bring together conservatives and libertarians; they still wantto be a different voice. The change is thattheFeds do not wantto be perceived as " far out.'' There are plenty ofopportunities to join theFeds,bothasofficersandnewmembers. To join the Feds, contact Vice-Chairman, 2L Anthony Selvaggio, Box # 785, Chairman, 3L Karl J. Czymmek.Box ft 57, orTreasurer, 3L JohnJablonski,Box # 141.Both Czymmekand Jablonskiaregraduating3Lswhohaveputalot ofhard workand dedicationinto the organiza- GROUP SPOTLIGHT will be a series featuring a differentstudent group each issue headquartered in Washington, D.C. that was founded inorder to counterbalance the influence of liberal publications and to offer an alternative perspective. Today, thereare more than 75 law school chapters oftheFederalist Society. The UB groupwas formed inMarch 1984. SchausandAronetellofhow, whenthe Feds first startedhereatUB, they' *believe[d] in decentralized government, judicialrestraint andtheruleoflaw. They acknowledge that on many issues they are on the other end ofthe spectrum from theNationalLawyers Guild.'' TheFeds, whoare dogmaticabout toler- tion and wantto seeitcarried on. The annual Federalist Convention this year will be held at Harvard University in March. JudgesBork and Ginsberg, as wellas Supreme Court JusticeScaliaare scheduled to speak. Law students who desireto go cango for areduced cost- seetheFeds forfurther information. The Fedsare currently putting outacall for papers with a monetary prize for the best submission. The topicinvolves criticallydiscussingarulerecentlyproposedbytheUniver..Feds, continued on page 11 Amidst an ever increasing list ofconspiratorsagainst formerUßLaw Professor Jeff Blum- a list that would leave Oliver Stone green with envy- Associate Dean Lee Albert hasbeen accused ofcommitting perjury. According to Blum, the perjury supposedly took place in anaffidavit filed byDean for Student AffairsLee Albert. Bhim'smainproofcomes fromasurreptitiously made taperecording ofan informal phoneconversation he had with Albert. Albert thoughthe was simply having anothing more thanafriendly, very unexpected conversation. Therefore, his responses to Blum were not carefully stated, the way they would be in a formal legal document. Yet Blum contends thathehad been in the habitoftaping conversations, thus he neither saw anything wrong withrecording the conversation, nor was he aware that Albert didn'tknow he was being recorded. The main issues of contention in the affidavitandtherecordingare ofßlum' s scholarship, andwhether the tenure committee had already informally decided against granting him tenure before their formalmeeting. For example, in his affidavit, Albert stated thathe did notbelieve that a number of the faculty had decided against giving Blum tenure prior to the OctoberTenure Committee meeting, hi hisphone conversation, however, hetoldBlum that"there was great skepticism about [his] 'promotionability'." Albert explains the differences asbeing nuances: Yes, the faculty was leaning againstBlum. No, they had notmade their decisions yet. They were still entering the meeting with open minds. Albertalso points out that tenure promotion does not take place in a vacuum. On the contrary, it is based on familiarity with the candidate after having worked with him/her over the years. ' 'Collegiality is a factor that everyoneknows isrelevant,'' says Albert. Another important issue is whether the facultywas against Blumbecause ofhis views on ideological views on legalizing drugs and warning on the dangers ofnuclear armament. In his affidavit, Albert stated that he did not believe these viewsplayed any factor in the committee'sreservations about grantingBlum tenure. Yetinthephoneconversation,Albert told Blum thathis outspokenness wasrelevant Albert explained the difference: He said that it was not Blum's views, it was his outspokenness. It wasnotthe issues that were the problem, according to Albert, "it is the time,place and manner, and logicalreasoning, cogency, and willingness to listen to opponents." Inotherwords,Albertbelievesthatthe "That's not a lie. That's a mistake offact." -DeanAlbert problem is not Blum's views, but the way he presents them. For example, ata forumheld in thelaw school inthe fall of 1989,Georgetown University professor Walter Berns debated Blum about the War on Drugs. According to Albert,after the debate Berns said,''Buffalo is onlyan houraway from Washington,but what I hear today makes me think I'm in another world....lthinkl'monanotherplanet." Albert believes Berns'reaction to Blum's presentation is typical ofthe effect Blum's presentations have on thelegal academic community. The final issue is thatofBlum's written scholarship. In his affidavit, Albert stated that Blum had published only, one article since coming to Buffalo, and thatthatisnotenough fortenure andpromotion. However,Blum says that itis a double length Law Review article. In fact, Blum claims to have actually written five articles. These include writtentestimony ...Perjury, continued onpage 8 Free Trade Agreement Costly to American Labor MORE STUDENTS CHOOSE BAR/BRI THROUGHOUT NEW YORK, NEW JERSEY, CONNECTICUT AND THE NATION THAN CHOOSE ALL OTHER COURSES COMBINED. THERE MUST BE A REASON WHY. byKevin P. Collins, Yews Editor Photo: DanHarris Last December 17,1992,PresidentBushoftheUS,PresidentSalinasof Mexico, and Prime Minister Mulroney ofCanada signed the North American Free Trade Agreement (NAFTA). TheUS Labormovementanditsallieshave fought long and hard to prevent NAFTA from being signed. The US Labor movement recognizes the severe negative impact NAFTA will haveon American and Mexican workers and our whole environment. Congress will soon consider the passage ofNAFTA and theAmerican Labor movement islobbying defeatthat measure. OnTuesday, February 16,1993,at2:00 P.M. in theLaw School Faculty Lounge, Room 545 ofO'Brian Hall,the Labor AndEmployment Law Association(LAELA) presented James Duncan,oftheUnited AutoWorkers (U AW)and Directorof theNewYork State Community ActionProgram (CAP) Council. Mr. Duncan spoke on the impactofN AFTA on WesternNew Yorkjobs. Thewhole presentation was videotaped and is on reserve in the A V Room in the sthfloor ofthe library. Mr. Duncan opened hispresentation byreading from theUA W testimony beforetheUS Congress, citing studies which conclude thatbetween 3 00,000 and 500,000 American jobs will be lost if NAFTA is passed. He stressed that the UAW is not against free trade. The UAW favors a free and fair, open communicationofnations which involves the workers. TheUAW isattempting to enhancerelationships with othercountries. TheUAW opposesNAFTA, but itdoes so not because o ("Mexican workers. TheUAW islobbying forcontent legislation. The agriculture community and ...Free Trade, continued onpage 6 to BAR/BRI PROVIDES PERSONAL ATTENTION BAR/BRI is run by lawyers who are always accessible. It is not a one person bar review course. "One lawyer" programs cannot provide personalized attention. BAR REVIEW New York, New Jersey, Connecticut and the Nation's Largest and Most Personalized Bar Review Course. March 3,1993 The Opinion 3 �[opinion llli"" Volume 33, No. 13 March 3,1993 Editor-in-Chief: Managing Editor: VitoA.Roman Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Tracy Dale Sammarco Layout Editor: -vacant PhotographyEditor: Paulßoalsvig ArtDirector: BillKennedy StafTWriters: W.F. Trezevant, Kathy Korbuly, Gary Simpson Contributors: Dan Harris,RobertGarnsey, Sharon Nosenchuck EDITORIALS HEY BARRY!! What's up with the "H-"? Well ladiesand gentlemen, yetanother chapter ofthe grade issue is alive andkicking with the faculty but this time they seem to bethe ones all screwed up. Unfortunately, Dean Barry Boyer appears to be leading the pack in this confusing milieu of administrative chaos. Although Dean Boyer and the law school facultyagreed that prior to this semester's new grading policy there was never a "+" or "-" grade, and that the newpolicyaffecting the "Q" would only take effect this Spring, Boyer has graded four students in his fall Great Lakes class witha"H-". With all due respect, Barry, what's going on? Are we making up imaginary grades as we go along? One the biggest failures of ÜB' s administration hasbeen to remain consistently inconsistent as to its policies, particularly those policies affecting students. The onlything that i s consistentistheir claim that they have finally gotten their act together. Several members of the faculty commented that the SBA and student representatives were unprofessional in their handling ofthe grading policy issue. Well, what does it say for a board of legal academicians, who tote themselves as being capable of deciding the professional careers of over 800 law students, if they can't even remain consistent as to how to grade for a single semester. Ifevery faculty member can individually makeup their own grading system, why can't students be involved in the fun. After all, the grades only effect our lives and careers. It can't be any harder to explain a few gold stars and smiley faces to an employer. - You HadYour Chance A few days after Bill Clinton gave his first State of the Union address, formerPresident Reagan took to the press to defend his glorious reign. Unlike Clinton, Ronnie characterized the '80's as a time of unprecedented growth and prosperity for Americans. As usual, he ignored the obvious: not for all Americans. During that same time, more American families fell below the poverty level than at any period in our history, the national deficit grew beyondbelief, the savingsandloans associations speculated themselves into bankruptcy, and, of course, homelessness increased. Now we will all pay the costs of this Reagan fairy tale. In his defense, he cites the 19 million jobs he created while in office. What he fails to mention is how most of these were low paying "McJobs," at minimum wage and with little orno benefits. Some, like Ronnie, still belief the Reagan era marked a time when all who worked hard were rewarded. In reality, some were rewarded more than others, and the new administration wants to dp something about it. Ronnie, you had your chance. Now please shut up and sit down. Copyright 1993. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibitedwithouttheexpressconsentofthe Editors. The Opini on is published everytwo weeks duringtheFall andSpring semesters. It isthestudent newspaper oftheState University ofNew York at BuffaloSchool ofLaw. The views expressed inthispaper are notnecessarily thoseof theEditors orStaffofTheOpinion. TheOpinionisanon-profit organization, third classpostage enteredatßuffalo.NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinion is funded by the SBA from StudentLaw Fees. The Opinionwelcomesletters to theeditor butreserves theright to editfor length and libelouscontent. Letters longerthan three typed doublespaced pages willbeedited for length. Please do not put anything you wish printed under our officedoor. Submissions can be sent viaCampus orUnited States Mail to The Opinion. SI JNYAH Amherst Campus,724 JohnLord O'Brian Hall, Buffalo, New York 14260 (716)645-2147 or placed in law schoolmailboxes 223 or 611. Deadlinesfor the semester are theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed l>v theEditorial Board ofThe Opinion. 4 The Opinion March 3, 1993 Opinion Mailbox DearEditor Bill Kennedy's "comic" portrayal of post-Super Bowl domestic violence is unrealistic and makes light ofthe serious tragedy ofdomestic violence. Experts disagreeas to whether domestic violence incidentsincreasewiththe airing ofcertain sporting events. However, experts doagreethatincidents increase with alcohol use and abuse. Bill Kennedy's comic strip minimizes the seriousness of the issue. Portrayingmenas thev ictims ofdomestic violence ignores the factthat domestic violence is a gender specific crime. Women are the victims ofdomestic violence in 98% ofthe reported cases. Domestic violence is the singlemostfrequentcauseofinjury to womenin theUnited States. More women die as a result of domestic violence than from muggings, serious illnesses and caraccidentscombined. Inthe Amherstcommunity alone, fiveoutofthe six homicides for 1992were theresult ofdomestic violence. Onethird ofall homicidevictims are killedby theirhusbands orboyfriends. Tofurther understand the seriousnessofdomestic violence,one mustbe educated about the crimes which stem from the physical abuse. Sexual abuse coupled withchild abuse cripplea familyriddled with domesticviolence. According to theU.S. Department ofJusticeBureau, 41%ofrapes take placeinsideawoman's homeand 50% ofchildren in battered women's shelters have beenphysically or sexually abused. Whilewe donotadvocate censorship; wedoadvocate responsibility injournalism. Cartoons trivializingthe serious socialproblemcontribute to minimizingthe terrorwomen face. As future lawyers, we should notbe sanctifying domestic violenceorany violence. Victims continually forgo legalremedies for fear ofbeing' 'revictimized'' by the legal system. Attitudessuch as thoseexhibited by the cartoon only serve toperpetuate the myths surrounding family violence. The Domestic Violence Task Force and the Domestic Violence Clinic (signed) Sue Tomkins/KatieCerrulli/Ruth Yashpan/Subrata Paul Islam & Democracy: Islamism & Secularism in the Muslim World Islam, Civil Society & Democracy: Islamism & Secularism in the Muslim World by Sharon Nosenchuck Many Americans think that Islam is incompatible with democracy. However, that isnotnecessarilytrue. OnThursday, February 18,Rusen Cakir, aTurkish journalistandhuman rights activist, spoke on "Islam, Civil Society & Democracy: Islamism & Secularism intheMuslimWorld." Mr. Cakir, focusing on Islam as a political ideology, not as a religion, drew a distinctionbetween Islam,the religion, and Islamism, which uses Islam as a basis for a political ideology. Mr. Cakir claimed that there are no democraticMuslim countries today. He said that theWestern massmedia'sexplanation for this is thatIslamas a religion isincompatible withdemocracy. However, therealreason for thelack ofdemocracy in theMuslim countries istheir contemporary history andthe present regimes in power in the Muslim countries, explainedMr. Cakir. Hepointed outthathere have been some democratic experiences in Turkey and Pakistan. In mostMuslim countries, the government is either a one-party system, a dictatorship, oramonarchy. There are many differentkinds ofregimes in the Muslim world, Mr. Cakir toldhis audience. He thinks that none oftheregimes presently inpower are Islamic. All use Islam to legitimate their dictatorships, he said, and, whenever a regime is in crisis, it refers to Islam. Mr. Cakir noted that the governments use Islamic motifs to keep their power. Civil society, separate from the state, important in Islamic tradition, said Mr. was Cakir. Muslim society created is own community and its ownrules and thestate wasresponsible for the security ofthe society; the state was dependent on the community, not the reverse. Mr. Cakir claimed thatthis relationship between the society and the state has degenerated. Mr. Cakir discussed the contemporary history ofthe Muslimcountries. Henotedthat all the Muslim countries, except for Turkey, have gainedtheirindependence since World War 11. These newly-independent countries were poor economically, said Mr. Cakir. In addition, their borders, created by Western colonizers, disruptedtraditional communities and created new communities based on these fabricated frontiers. Muslim countries accepted their defeat by the West, said Mr. Cakir. Countries felt they had to' 'catchup" to the West, so they tried to build nation-states in the Western tradition. To become civilized likethe West,theleaders of these countries felt that the traditional valuesoftheir people hadto be destroyed. Mr. Cakir explained that during the colonial period, the state had attacked the traditional functioning ofMuslimcommunities by trying to impose Western values. After independence, inthe interestof' 'Westernizing their countries, governments in Muslim countries tried to destroy the last vestiges ofthe traditional communities. He noted that the state took over manyofthe traditional functions of civil societyand society became the slave of the state. Traditional values werereplaced by the foreign cosmopolitan values oftheruling elite, and these leaders tried to secularize Muslim society. WhileIslam hadbeenableto answer many of the questions that arose in daily private life, the new ideologies did not provideanswers to these questions, Mr. Cakir said. This effort to secularize societywas not totally successful. Some people synthesized their secular education with Muslim values andanewclassofwell-educatedMuslimswas created. These Muslims criticized the state and wanted to replace the regimes with Islamic governments, said Mr. Cakir, while in thepast,Muslimsresistantto the governments were uneducatedpoorpeople. Mr. Cakir stated that this new Muslim elite criticized secularism, but not modernity. Before the Islamic revolution in Iran, there were some in the Muslim world who preached thatMuslims must revolt against the state and replace secularist states with Islamic governments, saidMr. Cakir. However, it was not until the revolution in Iran that Muslims saw thatrevolt against the state was possible. The new government in Iran was Islamist, using a political ideology based on Islam. The Islamist movement, both in Iran and elsewhere, explained Mr. Cakir, is not based on Muslim societyand criticizes many ofthe values oftraditional Muslim society. The Islamists think that the traditions prevented theformation ofan Islamic state and try to change traditions, saying that these traditions are not "true" Muslim traditions, but traditions adopted from other religions and cultures. Believing thattheir own ideology is the true one, they underestimate the values of ...Islam, continuedonpage 11 �Chew on This By Tracy Dale Sammarco I went tothe Doug Scott discussion on Planned Parenthood lastThursday night. I was going to write it up as a news story...couldn'tbedone. Everything that was wrong withthat little speech typified whatis wrongwith the abortion' 'debate onthewhole. Therewasawholelotofstrife andalmostno actual,meaningful discussion. People came to exchange insults, period. The fact isthatthe guiltyparties were both pro-choice and pro-life;the onlything that they could agree uponwas that they hadno respect whatsoeverforthe opinions oftheir opponents. I have to behonest; I wasmost disgustedby thosewho pro fessed to beprochoice-and this is my ownphilosophy. The samplingofpro-choicepeopleatthatspeech was notarepresentative onebyany stretch of the imagination. The pro-life people werenotasbad, by virtueofthefactthat<hey generally agreed with the speakerand had no occasion to heckle him. The simple fact ofthe matter is that when you're too dogmaticabout an issue, any issue, you turn offthe very people you seekto convert. Those who most zealously exhortopinionsaboutan issue dotheircause the least amount of good. I am certainly guiltyoflapsing into dogmaand rhetoric on occasion; I try to keep it to a minimum. There was a total lack of self-restraint in this area on Thursday night. Scott set the tone and the audience took the bait. Scott is an administrator for "Life Decisions International". Heholdsdegrees in Political Science and Education. He claims to haveconverted from a pro-choice position to a pro-life position on an intellectual, rather than spiritual or emotional, basis. He is certainly very well informed. He is also rude, insulting, hypocriticaland juvenile. One of the first claims that Scott made was thathe intended to show us the "facts" about Planned Parenthood. He advised that we refrain from speaking or asking questions ifwecouldnotbackup our opinions and arguments with facts orifwe planned on employing mererhetoric in our statements. Sound advice, it seemed tome. Scottthenlaunched intoa series ofmindless plugs for his cause;rhetoric, ad hominem attacks onPlanned Parenthood, its members and people in the audience, blanket statements with no discernible meaning, skewed statistical data and odd bits of literatureallegedly promulgated by Planned Parenthoodbutnotchallengedbythespeaker in any valid way. The audience members chomped at the bit until they got their chance to spit back these same sort of attacks at Scott,and at othermembers ofthe audience. Memorable evening, letme tell you. Whatkinds ofgoodies didScottimpartupon us, you mightask? Well, hementioned that the name ofthe organizationis amisnomer"Planned Parenthood". Heexplainedtous thatpeople don' tgo to P.P. toplan on being parents. Yes,all other services ofP.P. were completely ignored so thatthespeakermight focus, in arather questionable manner, on theorganization' s birthcontrol and abortion services. My question is this- isn't P.P. helping people to make certain that Features Editor move. He challenges the validity ofthe conceptof' 'plannedparenthood asthe organization employs it, and thenheunilaterallyrejects the evidence which proves thatthe organization is concerned withpromotingparenthood as a coherent and positive choice. Margaret Sanger, the founderofP.P., is a apparently a favorite target for Scott. He referred to suchnotableandrelevantaspectsof her life as these: 1. He said she frequently thoughtshewasconstipatedandsoughtmedical treatment forit. (I am totally ata loss to explain whythis isrelevant, so I won't even try.) 2. She hadmany affairs. (Was he there? Did he ever catch her in the act? How doesthisaffect the priceofteainyou-know-where?) 3. She had three children; according to the speaker this was"overthePlannedParenthoodlimit". (I don't know, sounds like a not-so-subtle inferencethatP.P. sets quotas onthenumberof children its employees can have.) Was he there? Did he ever catch her in the act? How does this affect the price of tea in you-know-where? Half-way through his speech Scott abruptly halted to accuse a woman in the audience oftaping his speech. She was not even holding acamera. He thenproceeded to chide another guy,who wastaping his speech, for doingso withouthisknowledge. Scott when on to say that P.P. recommended a book whichreferred to incestuous activitiesbetween siblings,as young children, as normal and usually not harmful. He found this to beadvocationofincest, butlaterwould not clarify his position when questionedby a member oftheaudience. Itwas one ofmany occasions where Scott proceeded as though whathewas saying wasself-evidentandneeded no furtherexplanationfromhim. Hewouldnot acknowledge thefact thattheaudience, forits part, hadnoaccess to the materialsfrom which hewasquotingand hadno wayto ascertainthat the quotedfragments were not being taken out ofcontext. Atone point Scott said,"thepenalty for being unwanted is death.'' This was one of many bumper-sticker phraseswhichScottused despitehisprofesseddistaste forrhetoric. He also articulated his transformationfroma prochoice status to apro-life one. Heclaimedthat the transformation was an intellectual process resulting from the research he had done for a term paperas an undergraduate. Heclaimed he knew "all the rhetoric" of the pro-choice stance. Moreover, he seemed to feel that he was a representative example ofthe "average" pro-choice advocate. Then, while my jawdropped onto the table in front of me, he outlined whathe apparentlybelieved to be.the pro-choice position on abortion. He said that we, those who advocate choice, believethat at somepointduringgestation thefetus' 'jumps" from being a member of some unidentified species to being amember ofthe human species. Can anyone say "exaggeration for the sake ofemphasis"? Believingthatthe fetusis not entitled to the same status as its sentient counterpart, the pregnant woman, is certainly notakintobelievingthatthe fetus makesashift fromalligator to human at the eighth week. Scott also claimed that P.P., the Supreme Court, and pro-choicepeople advocate abortion' 'rabidly and without any restrictionsduringallninemonthsofpregnancy. How does he arrive at this conclusion? He claims thatDoe v.Bolton' s stipulationthatabortions may be performed outside of the time limit otherwise deemed acceptable by the court if the pregnant woman' slife or healthare threatened is an out and out license to perform abortions at any point in the process. Scott repeatedly mocked his audience. He told one woman to "grow up", mimicked several others and adopted nothing less than a smug tone with the questioner. While I was singularly unimpressed withthe qualityoftheaudience, I will saythatthe most intelligentand articulate speakerwas ayoung woman who was aself-proclaimed pro-lifer. Shequestioned Scott's use ofstatistics, which she sawas dangerous because(hey are so easily manipulated. She also asked thathe refrain frominsulting hisaudience further,as ittended to alienate those who came to hearhim speak. By and large, the audience concerned itselfwithplaying the part of 'language police' '; coming downonScottfor using theterm ' 'congressman ratherthan "congresspeople'' when he clearly meant the former in a literal way. Thequestionswere,tobeblunt,durnb. When the occasional relevant point did come up,Scottdeflecteditby pretending to misunderstand its import. One speaker asked why Scottdid not concern himself with the economic plight ofthe AfricanAmerican community if, as he claimed, he trulybelievedthatpoverty drovewomen in thatcommunity to abortion. Itwas a question ofwhy one would concentrate on the The blame is on those who succumb to the temptation to insult and degrade the position oftheir opponents. I've done it; have you? symptom and not the disease. Inresponse, Scott said that pro-choicers would really like theiradversaries to go do something else and to stop focusing on the issue of abortion. It was one of many evasive answersduring the courseofthe evening. The foolishness went on for quite sometime. Eventually Ihad to get the hell out because my brain wasvery, verytired. I truly believe that constructive dialogue between people on both sides ofthis issue is paramount to solving this rift in our society. I acknowledge thatthereare intelligent and articulatepeople out there who are notpro-choice. The blame is onthose who succumb to the temptation to insult and degrade thepositionoftheiropponents. I'vedoneit;haveyou?lfllearned anything Thursday night I learned that I don' thave a stronger case because I defend it with violentfervorand feverish disregard for the value ofthe opposition'sthoughts and feelings. Givemeawell-reasonedandrational pro-life individual over a blithering prochoice person any day. There are aspects ofthe issuewhich will make us emotional, angry even. These feelings, if allowed to run amokand cloud ourbetter judgements, will not fail to defeat us in the end. Doug Scottand I agreeon this one point; neither ofuseverwantanotherwomantohavean abortion again. Let that be our starting pointand we'llgo from there. LATE SUNDAYNIGHTGRADUATION KENNEDY BILL conception, birth and parenthood are 'planned" events,andnotaccidents? Many ' women goto P.P. to insuretheirreproductive health. Is reproductive health not an integral part of successful reproduction, and therefore, of planned parenthood? Not according to Scott. When forced to admil that someP.P. clinics are beginning k > f<>cus on fertility issues, Scott informed his audience that this isstriclly apublic relations March 3,1993 The Opinion 5 �Journalist Explains Islamic Human Rights Struggle by Sharon Nosenchuck RusenCakirspenttheweekofFebruary 15-19attheLaw Schoolteaching thefirst ofthe Short Courses on Human Rights,'' Islam, Democracy, and Human Rights.'' Mr. Cakiris a humanrights activist and journalist from Turkey. He is in the United States participating in the HumanRights AdvocatesTraining Program atthe Centerfor the StudyofHumanßightsatColumbia. Thisisa program forhumanrights activists, as opposed toacademics, to learn about humanrights from an international perspective. Mr. Cakir chose the titleofhis course to be "Islam, Democracy, and HumanRights'' in hopes tocontribute to people'sknowledgeand understanding ofthe Muslim world. Hefeels that many do not know the real situation in Muslim countries, they onlyknow whatthey have been fed by the biased Western mass media. He feels itis veryimportantfor him to discuss theIslamic problem at an international level with American students. In addition, he said that hearing other points of view is also helpful for him. Mr. Cakir was surprised at the great amount ofinterest in his subject at UB and stated that itwas excitingfor him tobe invited here because he isnotascholar, butajournalist. hi Turkey, studentswishthey couldhave the sameresources as American students, said Mr. Cakir. He saidthatinTurkey, studentsare not as free as in the United States because the academic system inTurkey doesnotallow the same level of student participation as in the United States. He said that enthusiasm for academic research is not encouraged in Turkey. Mr. Cakir explained that hisbackground as a journalist gives him a differentperspective onhuman rights issues than that ofother human rights activists. He said that at the international level, there is a difference between human rights advocates from democratic countries withfew humanrightsabuses andthose humanrights advocates from countries in the South, where humanrights abuses are apart ofeveryday life. He stated thatthere are two perspectives on humanrights in the South. OneatntudeisthattheSouthshouldask Western human rights advocates for help by influencingtheirgovemmentsonthesubjectof humanrights. The second attitude towards human rights, which Mr. Cakir mirrored washis own attitude, is that the South must use its own resources first. He said that this approach advocates that the people in the South must struggle for their own human rights and that ...Free Trade, continued frompage 3 laborgroupsopposeNAFTAandthemannerin which its negotiations were conducted. NAFTA is nowbefore the Congress as apiece , of'fast track ' legislation- Congress canonly vote to accept orreject the entire 2,000 page document as it is exactly written- no amendments are allowed. The proponents of NAFTA want America to be like theEuropean community. They wantaNorth American economic block ofthe US,Canada, andMexico to compete in the international, global economy. Yet, Mr. Duncan pointed out that the European Economic Community (EEC) came togetherover a4O-45 yearperiodandaWorld War occurred during its formation. The EEC guarantees a social contract between 11 nations and a set level of rights of workers in each country. NAFTA doesnot. According toMr. Duncan, theUAW has 3 main complaints against NAFTA. The first has to do with the rule of origin. The UAW favors as much local sourcing as possible. NAFTAwouldallow moreand more products tobe madein othercountries, either Canada or Mexico (but particularly the latter)and w< >uld The Opinion 6 Western advocates should not be asked for directhelp, but should beasked to try to persuade their governments to stop supporting Southern countries. Mr. Cakir, citing Turkey as an example, further stated that the human rightsabuses in Turkey are perpetrated by the government, a government supportedby Westerncountries. Mr. Cakir said thatcountries oftheSouth do not need the direct help o fWestem human rightsadvocates, adding thatWestern governments support dictatorsand anti-democratic regimes and that these repressive regimes have aninsufficient base ofsupportin theirown countries. If fighting can be equalized, the societies in these countries can change the anti-democratic situation, said Mr. Cakir. He noted that torturers are trained in the United States, startingthe entireprocess. Not only are human rights advocates of countries of the South fighting against torture,butthey are also fighting the United States so that it will give up training the torturers. He said the state apparatus in manyrepressiveregimes isarmed by the Westand that if some people arekilled in third world countries, they are killed by weaponsprovided by Western countries. Mr. Cakir said thatifthe West would cease aiding these anti-democratic regimes, the human rights strugglein these countrieswould beless difficult. "Ifwe [third worldcountries] gain our rights in ourcommunities, it will be the issue ofour struggle, not the issue offoreign aid,'' saidMr. Cakir,'' ifwe wishandwefight, we can getthere." Ofthose human rights advocates who wantdirecthelp from theWest,mr. Cakirsaid, ' 'Western humanrights organizations can define your agenda." For example, the "woman problem in Muslim countries is not for usthe first question, but for Western progressive intellectuals, itis the first question." Mr. Cakir sees a difference in the agendas of Western and Southern human rights organizations because these agendas are defined by the conditions inthose countries. He said thatin the West the countries arenationstates with strong economies and democratic institutions, whereas, in the South, there are big economic and social problems caused by dictatorships, the lack ofcapital,and the absence of social and democratic institutions. He said thatthe major problem is economic, that "without jobs and money, if you have freedom of expression, what does itmean? Liberties-whatdotheymean?" Libertiesare related to economic independence and prosperity, explained Mr. Cakir, adding that, in general, the South is living in poverty and is being exploited by the West, so its human rights agenda is differentfromthat ofWestem human rights advocates. He said that "we cannot equalize thesetwo agendas, but wecan find some common principles where eachhuman being can be in solidarity with others.'' For this, everybody can make some effort.'' ' 'Nobody can diefor others, statestheKoran, said Mr. Cakir, explaining,'' Wecan be upset at the death ofpeople, but we cannot die for others.'' Mr. Cakir said thatthis was ' 'not a rejecu'onof international solidarity, butinternational solidarity also has its limits." Mr. Cakir does not see a dichotomy between humanrights and civilrights.forin the South itis a totalproblem. He said that in the South the fightfor human and civilrights are combined in a more general fight, such as fighting fordemocracy. An approach that Mr. Cakir dislikes is the attitude some have that when a regime changes, everything will be allright. He said thathe does not think this is so. For example, in Iran, whentheregime changed,everything was not allright, especially civil rights. He stated that in the South, "we must analyze eachright independently,but as the problemof democracy is very general,we must combine all theserights. We shouldadvocate all these rights, butwe shouldcombine them in ageneral strugglefordemocracy.'' even include some Mexican-made cars as American-madeproducts. WestemNewYork (WNY) would be particularly hard hit by NAFTA in this regard. Mr. Duncan cited a study completed two years ago which was conductedby theMichigan Auto Study Center and thatconcluded that ifthe auto industry left WNY, $4 billion dollars would be lost in the WNY economyand thiswouldresult inleaving WNY as the mostimpoverished region in this partofthe country. The second complaint of the UAW against NAFTA has to do with the loss of American jobs. The UAWfavors aminimum effect on the American consumer but wants American workers to keep their jobs. Presently, as it stands now withoutNAFTA, General Motors has 30 plants in Mexico with 43,000 employees, Fordhas 12plants inMexico with 17,000 employees, and Chrysler has 12 plants in Mexico with 16,000 employees. NAFTA would open the floodgate for more American jobsto be lost to Mexico. All these plants andjobs arejobs thatAmericancitizens could be working on,contributing money to the economy with, andwouldlead to lower unemployment rates. The thirdcomplaint ofthe UAWagainst NAFTA dealswith the CAFE- Corporate AverageFled Economy. All the cars made inthe US have to meet CAFE requirements and standards. Yet, PresidentBush favored allowingMexican-made smallcars to bemade under Mexican standards and then be considered American-made, withouthaving to meet US CAFE standards. NAFTA would allow this. The UAW isafraid the smallcarmarket ofthe US will go to Mexico and that a wholepart of the industry will be lost. In addition, Mexican labor laws are better than US labor laws- on the books. In reality, the workers are denied basic civil rights. In the maquilladoras, child labor is rampant. Abuse of women laborers iscommonplace. Union organizers are oftentimes arrested and tortured ormurdered. As noted, Mexican Labor Laws are better than the US; the problem is that there is no enforcement mechanism. The same problem, that of lack of enforcement, also applies to Mexican environmentallaws. They are strong onthe books, but there isnoenforcementmechanism. President Salinas, upontaking office, decidedto keep all theenvironmental agencies. The onlyproblem is thathewithdrewall money andfunding from the agencies resulting in a paper tiger effectenvironmental agencies that exist in namebut have no financial funding to do anything. ThosewhofavorNAFTA's passage of- March 3,1993 "without jobs and money, if you have freedom ofexpression, what does itmean? Liberties—what do they mean?" The strugglefordemocracy is very long, large,and general,said Mr. Cakir. "Democracy will never come in one day, sothe democratization process, the evolution to democracy, musttake some specific struggles.'' Mr. Cakir noted that he does not mean that the Southmust focuson democracyand exclude other struggles,because' 'the strugglefor each right must beconsidered, but withoutforgetting their inter-relation and their link with democracy. Ifwe succeed withthe strugglefor theserights, we can reach democracy.'' In democracies, the partition of civil rights and humanrights organizations is normal, said Mr. Cakir. In democracies, there is theluxury to have organizations thatonly focus on one issue. However, in anti-democratic countries, even organizations with onlya specific goal must be in solidarity with other humanrights organizations, because theproblems are a result ofthe lack ofa democratic system. He said thatthe United Stateshas the foundations of democracy and civil society, butfor the South, the problem is to build these structures. Mr. Cakir sees human rights abuses in the United States, too, citing the problems of racism and racial discrimination. Headded that he thinks the homeless problem should also beofgreatconcern to Americans. Homeless people may have freedom ofexpression, but this right has no meaning tothe homeless, said Mr. Cakir, for they need jobs,shelter,and homes. The danger ofChristian fundamentalism inthe United States isas dangerous as mat ofthe fundamentalism in the Islamic world, Mr. Cakir noted. He said that in the United States, freedom isnotendless foreverybody. He used as an example the situation in Colorado with respect to gay rights, pointing out that, because in the United States freedom is not endless, humanrightsand civilrights problems arise. Mr. Cakir also said that the European countries have less human rights problems than theUnited Statesbecause ofthe European culture. An important difference thathe sees in Europe is that in Europe, there is fighting between citizensofacountryandnon-citizens, outsiders. However.intheUnited States, there is domestic conflict, citizens fighting among eachother. Hepointedouttheethnie and racial conflicts betweenKorean-Americans and African-Americans and A frican-Americans and JewishAmericans. Notonly are theEuropeans morehomogeneous, but becauseoftheir own histories, they have less humanrights problems, he said. Pointing out thatthe history of the United States begins with a massacre of Indians, Mr. Cakir said thatthe United States has an ancient civilization, but Americans ignore this era oftimebefore the Europeans came to NorthAmerica, creatinga new civilization and their own history. Mr. Cakir concluded by saying that he liked Buffalo, finding it otbea very beautiful city. He said that it was the first timehe had seenthiskindofcity. He was surprised by the quality of Buffalo's bookstores, saying that Talking Leaves Bookstore was veryprogressive and intellectual, and Barnes and Noble Bookstore was very good,also. Henotedthat it is very meaningful to have such a large bookstore in a city the size ofBuffalo. He explained that in Turkey the bookstores are small, and many are now closed. Itwasanew experience for him to be in a city that has so many students in proportion to its general population. ten point to the employmentretrainment program proposed withinit. Yet, as Mr. Duncan pointed out,whatare you going toretrain a 55-year-old automechanic who hasbeen working oncarsforovertwentyyearstodo? Becomea master computer programmer when people withcollege and graduate degreescan not find jobstoday? TheUAWfavors fairtrade as well asfreetrade. ThehumanelementofNAFTA's effects is often overlooked. The profits of corporations are given great consideration. Yet, thedignity and self-respectofworkers are not even part of the equation. There is no partnership between labor and management. President Clinton so far appears to favor the passage ofNAFTA, butadvocates protecting employees and the environment. Howhecan accomplish bothwithNAFTA beingapieceof ''fast track legislation is not known. For those people interested in learning more about orreceiving information on the NAFTA or thenationalcampaign ofthe Free Trade Committee Campaign, you may write to: Mr. James A. Duncan, Jr., United Auto Workers,Director New YorkState CommunityAction lYogram Council,Region 9,WesternNew York, 4285 Genesee Street, Buffalo, NewYork 14225-1968. Thetelephonenumber i5(716)632-1540. �...Spike continuedfrompage 1 Malcolm X, whichLee calls a dramatic film, andnotahistoricdocumentary. Thestorywas originally written in 1967 by Alex Hailey and several versions ofthe scripthadbeen written over2oyearsago. WhenLee first heard that the film was about to be done, italready had a directorand Denzel Washington hadalready been selected to play the leadrole. Lee said he fought to take over the director's chairand was successful inconvincing thealready selecteddirector' 'thatcertain films obtain a certain richness and quality whenthe directoris ofthe samebackgroundas thecharactersportrayed." Lee then compared his argument to the distinguishing works of Francis Ford Coppola and Martin Scorcese, who wereable toapply theirpersonalexperiencesas Italian Americans to directsuch films asTheGodfathertiilogyandßagingßull. He felt thatamovieaboutsuchadynamic African American figure "had to done byanother African American." Lee gave much of the credit for the success of the film to the excellent performanceofDenzel Washington. Although Washington had previously played Malcolm X in a play When Chicken's Come Home to Roost, prior to theplay, Washington hadnever heard of Malcolm X. Lee was amazed at how , Washington was able to ' 'shed his skin ' so many times throughout the film as he played theverycomplexrole. HeaddedthatWashington changed his dietfortherole by eatinglittle red mcatand no pork products oralcohol. Lee also statedthatWashingtonalso tried toreach a "deep spiritual level fortherole. "Attimes while filming, Denzel, while speaking Malcolm's words verbatim, wouldcontinue for ten minutes after I said 'Cut,"' Lee said. Washingtonusually couldnotrememberwhat hehadsaid when hefinished speaking. Lee felt it was unique experience for a filmmaker. Whenasked whetherthe 3 hourand 21 minute length ofthe film may have turned off many theatergoers, Leeresponded,'' Some 10 yearold's watched the filmand wereriveted to their seats." Headded, "During Malcolm's lifehe went through manylifechanging, com- Steven Spielberg to call this talented, young, black, filmmaker," but no callscame. Hethen rounded up some friends from film school to make another movie entitled Messengers. However,due to his naivete, and shadyproducers, he was unable to finish the movie. Itwas this failurethatmotivated him in 1985 to do a movie thatonlyrequired limited timeandlimitedmoney. Thatmoviewaste's Gotta To Havelt, whichtook only 12daysand $12,000.00to film. However, themoneyforthe film never came in a lump sum. They had to collect soda cans and bottles to buy film and wouldwaitforthepostmanhoping acheck was in the mail. After editingthe movie, the cost rose to $ 175,000.00 and it was later sold to Island Films for $475,000.00. The fAmShe 's GottaTo Hαveil, which grossed$8.5 million, gaveLee exposure and respect withinthe film community. Lee's said his second major project, SchoolDaze, was inspiredby his coliege years at Morehouse. He attempted to show the struggleswithintheblackcommunity between "lightskinned" and "darkskinned" blacksas played out on a college campus. He commented that many African Americans were upset thathe was exposing their''dirty laundry,"buthis response isthat dirtylaundry can not be discussed in a vacuum. "Youjustcan't keep whites outofamovie.. .itcan'tbedone." Lee also wanted School Daze to show the extentthatpeople will gothrough to belong toagroup. Reflecting onhiscollege years, Lee said,' 'I wasamazedby the brutality [people] would put themselvesthrough to belong when they have littleknowledge ofself." He added thatwhile filming theprojectatMorehouse,he and his film crew were kicked offthe campus bythecollege'sPresident. Leejokedthatnow he is on the board oftrustees at Morehouse. In his third major film, Do The Right Thing,Lee was inspiredby theMichael Stewart incident inBensonhurst, Brooklynwhere three plex trans formations that even AfricanAmerica males werechasedandbeaten a 5 hour movie would not be by a mob of Italian-American males, which Lee iscurrently showresulted in the death ofMichael Stewart. He was also motivated by a riot at a New York ing the film, Malcolm X, to prison inmatesacross thecouncommunity collegewhich grewoutofanargument in a student lounge over what type of Iry. Theideawassuggestedby music shouldbeplayed. Althoughchargedby Mike Tysonwhorequested that themediaofpromoting hatredandracism, Lee the film be shown during last saidhisfilmwasnotmeantgiveananswer. "I Thanksgiving at the prison simply hold up a mirror to present day life in where he is currently incarcerated. LeementionedthatTyson Americaand say, 'Look!''' Lee said his film, Mo'BetterBlues was said thatthe film had inspired him,and otherinmates, to make meant to be a pictorial ofa young jazzmusician, played by Denzel Washington, who's a change in their lives as number onepriority in life is hismusic andhow Malcolm X did when an exthe women in his life dealtwith the fact that convict. The film was also theywerenotnumberone. Lee alsocompared shown at Rikers Island last the main character,Bleak, to an athlete who's weekend which marked the only priority in life is his sportuntil one day he 28th anniversary ofMalcolm is injuredby that same sportand can no longer X'sassassination. Although many have play the game. Such was the result in Mo' said thathe is to begin a new Better Blues. movie on the life ofjazz musiYetanother film prompted by the headlineswas JungleFever. Lee saidthat film was cian MilesDavis, Lee ended triggeredbytheslayingofyoung YusefHawkins his speech by saying thathe is in Brooklyn, New York, who was shot in an taking a rest after completing sixfilms in seven years. Now Italian neighborhood whileanswering aclassified ad to buy a car. Headded that he also he is planning to work as an executive producer, cultivatwanted to discuss the issue ofinterracial relationships. Lee said' 'I don'tthink interracial ing young talent Attheendof his talk, he gave his office's relationships are impossible, but the characters in the film came togetherasaresultof the mailing address and fax numsexual mythology which exists in America. ber for anyone interested in for him in thefuture. The character, Flipper, boughtinto the image jsxexpressed the hope thatbeauty was determinedthe whiteness ofa financial success with women's skin. .and the character, Angie, initially bought into the myth thatall African Malcolm A' will send a signal to AfricanAmerican investors American males are studs.'' Lee saidhe also wantedJungle Fever ia that they can make money inreflect the damage drugsplays in destroying vesting in African American the African American family and took the films. WhenLee wasasked if scene wherea son isshotby his father, who is he wanted to be remembered a minister, from thereal life slaying ofMarvin as a "great Black filmmaker or just a great filmmaker", Gaye Jr. by his father, Marvin (iayc Sr. A large portion ofLee's one hour and I <xα-spomkxl, "IhaveiMtpn>bthirtyminute speech wasabout his recent film. Icm withbeing black." . Alumnus Interview: Ed Peace, Class of 86 bySharonNosenchuck Ed Peace, a partner at Hodgson, Russ, Andrews, Woods &Goodyear, graduatedfrom ÜBLawSchoolin 1986 and became apartner atHodgson,Russon January 1,1992. Mr. Peace works in the Business Law Department and said that his practice focuses on advising all typesofbusiness,to' 'do whatevernecessary to make a business more successful.'' Some of the things hedoesincludes internationaltransactionsand othermergerandacquisition business, intellectual property law, immigration law, and sports and entertainmentlaw. Mr. Peace said that, originally, he planned to go to UBLaw School forone year and then transfertoa school suchas Harvard or Yale. However, after spending ayearatUß,he decided hewould stay at UB because heliked it. Mr. Peace said that, at first, he had not planned to stay atUB because the school does nothavename prestige, butafterattending ÜB, he decided that he' 'did notneed the prestige ofthe name." Herealized thathecould get as goodan educationatUB asanywhere else, and get that education ata goodprice.Recent UB Law School graduates are' 'equal, if not better," than graduates of other law schools, claims Mr. Peace. Ed Peace enjoyed ÜB, finding itintellectually stimulating. He "did not want a three-yearbarreview course" and "liked the UB approach to things." He also liked the policyapproach-''the big pictureapproach.'' He said that if you approach the law and the worldmyopically, you getleft behind. The Buffalo approach is to be able to makepolicy arguments, notjust statutoryarguments, Mr. Peace explained,and Buffalo does that, whileotherlaw schools donot Itis seeing the interaction between law and society, as opposed to seeinglaws as abstractand separate from society, he stated. His favorite professor at ÜB, said Mr. Peace, was JackHyman, who he thought was a "wonderful" professor, followed by Lou DelCotto. These men made you think and apply whatyou were learning, said Mr. Peace, they didnot makeyou memorize. Mr. Peace's favorite activity while in lawschoolwasservingtheßahaifaith. Active in extracurricular activities while he was in law school, Mr. Peace servedas the Secretary oftheßlackLawStudentsAssociation(BLSA) and as the President ofthe UB Professional Students Association, an association ofgraduateand professional students. In addition, he participated in the International Law Society, the Entertainment Law Society, the Bahai Association, and the Law School Appointments Committee. He was proud of several things that he accomplished while at theLaw School. These accomplishments had "elevated the discussion of inclusion," he said. One accomplishment occurred whilehe was on the Appointments Committee, saidMr. Peace. He explained that, originally, potential appointmentsmet withthewhole studentbody. A problem with this procedure was that minority students did not get a chance to participate inthe process. Mr.Peacehelpedto initiateapolicy thatall prospectiveappointees meet separately with minority law students and othersto address minority issues.'' Mr. Peace stated this wasaproudmoment because it wasanacknowledgementof the diversity of points ofview at the Law School and thatyou cannot let a dominant majority have all the input Additionally, Mr. Peace said that he was proud thathehad helped definetheaffirmative action program for the Law Review. He had friends onLaw Review andthathe gavethem ...EdPeace, continued on page 9 ■■■■■■■ MORE STUDENTS CHOOSE BAR/BRI THROUGHOUT NEW YORK, NEW JERSEY, CONNECTICUT AND THE NATION THAN CHOOSE ALL OTHER COURSES COMBINED. THERE MUST BE A REASON WHY. LOCATION LOCATION LOCATION With the most students, BAR/BRI provides the most convenient course locations. If BAR/BRI is not very close by, chances are there is no other course nearby either. Eg BAR REVIEW New York, New Jersey, Connecticut and the Nation's Largest and Most Personalized Bar Review Course. March 3,1993 The Opinion 7 �The Roaming Photographer byPaulßoalsvig,,PhotographyEditor What do you really feel is the biggest problem with this law school? John Munro, 2L: Moe, IL: "Buffalo and the Bills!" ' 'Not enough support on the part ofthe school to help us find jobsafter we graduate." ...Moot competition, but"a unique opportunity tomeet so many people with a common interest in environmentallaw." Hesaidhisfeelingswere neither she nor Spitzer had any coaching in drivenhome by thelargenumberofrenowned preparation for the competition. "We didn't of the environmental bar who atmembers have time to geta coach. We only knew our tended the event. It is his hope that UB will argument." BothUßcompetitorsmentioned participate in next year's competition. that they were surprised to see somany teams Spitzeralso praised theEnvironmenwithas many as two coaches per team. tal Law Clinic at ÜB, which is under the Asherfirstmootcourt competition, directionofProfessorNUsOlsen, forproviding Beiring found the experience increased her training necessary to prepare them for the the confidence in arguing before the court and she brief writing and legal analysis needed to '' enjoyedthe challenge oftesting her intellect compete. He mentioned that he and Beiring againstthe judges.'' workedonareal case whichwas similar to the In reflection, Spitzer viewed the theoretical example in the moot exercise. eventto be more thanagathering ofstudents for The prizefor the winningteam is the continued'frontpage 1 Sleepy Surprise: "The Crying Game" byRobert Garnsey By nowyouhaveprobably heard the buzz about Greil Jordon's The Crying Game, on independent film made on a shoestring budgetwhichrecently garnered ahand fulofOscarnominations. Thanks to theresulting publicity, TheCry ing Game has now graduatedfrom thearthouses to themultiplexes. Go checkitout whileyou can because it's one ofthe bestand most original films you will see this year. It's hard to talk about The Crying Game without inadvertently revealing some ofits more intriguing (and memorable) surprises, but I'll resist the temptation. Basically, the plot involves aBritish soldier(Forrest Whittaker) taken hostage by IRA terrorists. In due course, the soldier, Jody,forms andunlikely friendship with one ofthe terrorists, Fergus (Oscar nominee StephenRea), whoseheart clearly isnotin the IRA cause. Jodymakes Fergus promise him, in the event heiskilled, to go and look up hisformer lover, a London hairdresser (Joye Davidson, also tabbed for an Oscar). Thus weare set up for the films most joltingrevelation. In the course ofthis unusual story line, Jordon'sfilmexploresnumerous topics, ranging from race relations to politics to the meaningof"humannature." Though the pace is a slow at times, it is never tedious, moving back and forth unpredictably between dark comedy, politicaldramaandexplosivevioience. There are strong performances from the cast of relatively unknowns, particularly Miranda Richarsdon as a terrorist every bit as fanatical as Fergus is ambivalent. I'art fable, part thriller, and parl tragicomedy. The Crying Game is a Him dial's impossible to categorize. Don't miss il. 8 The Opinion Suzanne Cristo, IL: Mary Mitschow, IL: "Gosh it'scold." "I hate the parking." right to displayan original watercolorpainting entitledDawn Storm King by the celebrated artist, JohnHusky. The location forthe painting at UB was not determined at time of publication. Should another team win next year'scompetition,Uß willretain aprintofthe watercolorto recordthe victory. - ...Perjury continued frompage 3 tfaatwaspublished in the Congressional Recor<j, alengthy bookreview essaythatwas published in the Buffalo Law Review, and two prepublications onfileattheßaldy Center. Albert, nevertheless, feels thatnone ofthe otherfour ... Ed Peace The majorchallenge facing every personin Americaislearning to live with diverse people, Mr. Peace said. Americans "have alotofinputon theaffirmativeactionpro gram. learnedto work with,butnotlive with, diverse Mr. Peace said that this was "all under the people andthey' 'have come a long way,but rubric ofincreasing divergentpointsofview.'' haveanawfullongwaytogo." Wemusflearn Ed Peace is proud that he helped "to to appreciate and value peoplewho are differelevate the discussion concerning the oneness ent from ourselves,'' he stated, and " mostof ofmankind at the Law School and thathis that effort of valuing must come from the "inputaboutdiversitywastobuildunity." He dominantmajority culture.'' Mr.Peace pointed statedthattheLaw School' 'didnothave unity out that Americans must "learn to value the by having one group become dominant and minorities,not [just] tolerate minorities. He becomeinsensitivetoothergroups." Hisonh/ addedthat people should' 'value, appreciate, n' regret about the law school experience is that respect minoritiesand lear 'how to enrich he wished thathehad donemore forbuilding [their] own experienceby including people of the onenessofmankind. His proudest accomplishment since "Historically, all kinds of graduatinglaw school wasto sing in the Gospel preferences[have been] given, but Choir at the Bahai World Congress in New we don't talk about those.... If [we YorkCity lastNovember. He explained thatit are] going to getrid preferences, of was a joy to sing with 30,000 people from get rid of them all." aroundthe world, fromall differentbackgrounds -EdPeace and ethnicities, and that it was an experience oftremendoussharingamongpeople. Second diversebackgrounds in[their]personal life.'' to that experience, he said,was the symbolic Mr. Peace, discussing affirmative acvictory ofbecoming a partner at Hodgson, said thatthe objective ofthese programs, tion Russ. He saidthat, tohisunderstanding, hewas to broaden programsis diversity. A ffirmative the first African-American partner in a large not action does lower standards, itbroadens law firm in upstate New York,and noted that that's criminal. Mr. Peace said that he was standards, Mr. Peace added. The "top attor"cracking the glass ceiling" and that the neys around the country may ormay not be on victory was symbolic, more than personal, law review," he said, and things like law because it was "more importantforthe Black review are a''narrow measure ofwhatmakes agood attorney." Thereareother skillsneeded folks." In addition, Mr. Peace was proud of to be agood attorney beyond taking testwell. servingas president ofAttorney Access, ajoint Some ' 'may bring much more to the table program ofthe Erie County Bar Association besides test scores,'' and somebody who may and the Minority Bar Association ofWestern not be doing wellby traditional standards may NewYork. Thepurpose ofAttorney Access is be a good attorney, he continued. He noted that to get minorities into law firms in the private there is a''problem withgoing by thenumbers. sector, said Mr. Peace. Mr. Peace said that What abouttheperseveranceofsomebody who because of the historic discrimination in law gotas far as law schooland did not quit? [That] firms, the vast majority ofminorities work in says a lot about a person's character." He (he public sector and that it was heartening to asked,' 'What about interpersonal skills? .Interpersonal skills are a very large part of see some progress being made. continued from page 7 March 3,1993 . pieces count as far as evaluating tenure. He believes that the Tenure Committee is only looking for published articles, and does not consider bookreviews, orcongressional testimony. Albertconcludedthatifany ofhis views ontheBlum' sscholarship cited in theaffidavit are not accurate,' 'That's not a lie. That's a mistake offact." Nevertheless, according to the guide entitled, Law School Promotion and Tenure Standards, unpublished work is considered. That would include Blum's two articles forthe Baldy Center. Additionally, bothlegislative beinganeffectiveattorney." Mr. Peacenoted that "it may be that different cultures put different emphasis on interpersonal skills." Speaking on the subjectofthe LegalMethods Program (LMP) at theLaw School, Mr. Peace said that the program can aid those whohave nontraditional skills. Headded that LMP is importantfor all law school students, not just those enrolled in LMP. It is important for twenty-one year oldkids rightoutofcollege to interact with other kinds of people. It was important to "increas[e] [the] inclusion of diversity, not alongracial orethniclines,'' but to include everybody. ' 'Historically, allkinds ofpreferences [have been] given, but we don't talk about those,'' said Mr. Peace. ' 'If[we are] going to getridofpreferences,getridofthemall." He is not against preference, said Mr. Peace, because preferenceadds to the diversity ofthe studentbody. Hepointedoutthattheincreased talkabout diversity in the 1990s is more talk than action, because we are still learning to apply theaction. Increasing diversityisgoing to be a verypainful experience, butthat itwill be our onlysalvation. Mr. Peace said thattheadvicehe would offer law students graduating today is''not to be too hungup on career" and' 'beingaperson is more important than being a lawyer.'' He explained thatour identity should bemore than being a lawyer, our identity should be how to serve our fellow man. If you want to bean attorney,be the best attorney youcan be, but do itin a spirit ofservice. That thisattitude must be balanced with the willingness to make the appropriate sacrifices to develop expertise. Mr. Peace concluded by saying that he hoped that the "Law School would become renowned for promotion ofthe principle ofthe onenessofmankind and that UB Law School graduates would''become champions andadvocates of that principle as well, and start practicing it now." �...Aruri continued from page 1 Israel, however, notapply. believes thatthese terms do The heart of Dr. Aruri's presentation centered onthe peaceprocess between Palestineand Israel. Today, according to Dr. Aruri, this process isdominatedby US intervention andnotbytheUnitedNations. Hepointedout thereal conlradiction between the globalconsensus inthe 19605-1980sontherequirements for the resolution ofthePalestine-Israel conflictand what existstoday-a "peace process" dominatedby the US. Onthe one hand, there was and is a global, international agreement between countriesand a solidmajority ofthe GeneralAssembly in the UNas to howpeace shouldbeachieved. Ontheolherhand.thereis the unilateral present peace process dominated by the US as the sole conciliator, in which the US decides the peace and dictates theprocess. Thegoverningprinciples ofthe global, international consensus for theachievement of Palestinian-Israeli peace endorsed two points. First, it endorsed theIsraeli withdrawalfrom the occupied territories in accordance with Resolution # 242. Second, itendorsedtheright to self-determination for the Palestinian and Israeli peopleleading to amutualrecognition through a two-state solution. The global consensushas an awareness and acceptance of the Palestinian cause leading to a mounting legitimacy for Palestinian peace. ThePalestinianNationalCouncil(PNC), which is in exile, favored the principle ofa democratic secular state, in which a single state would exist with equal rights for all regardless ofany criteria(religion, sex, etc.). This position was first espoused in 1968. Between 1968and 1977, Dr. Arurireported that the PNC scaled down its proposalofequality to a mini-state in the territories ofthe West Bank and Gaza. The Israelis call these territories Judea, Sammaria and the Gaza Strip in an effort to not recognize Palestine and deny the Palestinians the concept ofpeoplehood. This is illustratedby theIsraelis calling them inhabitantsandnotcitizens. hi 1976,aresolution wasintroduced into theUN Security Council by thePLO, but theUSgovernmentvetoed itdown. Dr. Aruriwentontostate thaton October 1,1977, the US and the USSR issued a joint communique calling all parties to theconflict tomeet under the auspices ofan international peaceconference to be held inGeneva and to be held on the basis ofUN Resolution # 242. President Jimmy Carter was instrumental in calling foran international, globalapproach to peace. However, theconferenceactually ended upbeingheldinCampDavidinl97B. Thiswas followed by the USrenouncing its own joint communique. Dr. Arurireemphasized thecompetition between the internationaland USapproach to Palestinian-Israeli peace. He is wary ofthe peaceprospects inthe Middle Eastin so faras he draws an analogy to the harshness ofthe WWI peace treaty on Germanythatlead to the riseoffascismandHitler. The USapproach to peacedoesnothave the sameconsiderations as the international consensus and may well indeed be too harsh. The global, international consensus wants an international peace conferencewithaninternational focus. Israeldoes notwantthisandtheUSdoesnotbackthis. The USwantstobethesolenegotiator. Thus,lsrael and theUShadameeting ofthe minds thatled to aregional conference, with directnegotiations between Israel and Palestine withoutthe UN, without any resolutions, and without a mediator. The Israelis do not even allow the Palestinians to choose their own representatives. Dr. Aruri has no vision ofthe future outcome. He predicts, but hopes that he is wrong, that even ifthereis a peace settlement, it will be achieved through duress and nonmutuality.andthatitwillnotlast. Dr.Aruri closed his comments noting thatjustrecently Palestinian peopleweretorturedand harassed by the Israelis. SBA Briefs Student Fee Referendum The results ofthereferendum are as follows: 264 voted formandatory studentsfees 53 votes for voluntary studentfees. 317totalvotes The studentactivity fee will continue to bemandatory. I know I speak onbehalf o fall thestudent groups when I sayThank You. SBA Budget Reforms Overthenextthreeweeks the SBABoardofDirectors will be debating, discussingand voting on a number ofbudgetaryreforms and guidelines. Ifyouhave any suggestions, ideas, hopes or aspirations, please speak withyour class directors whowill be happy tohandle yourconcerns. Student Speakers Candidates for student speaker must place theirnames onthe list hanging in the SBA officeby5:00p.m. onMarch 12,1993. Thelistofcandidateswillthenbepostedoutside theSßAofficeonMonday,March 15,1993. The electionwill be held duringthe SBA Executive BoardElectionsonMarch23 &24,1993. Executive Board Elections Petitions for the offices ofPresident, Vice-President, Secretary, and Treasurer are available outside the SBA office, Rm 101 O'Brian Hall. -PetitionsdueFriday, March 12,by 5:00 p.m. -CandidateStatements due to The Opinionby Friday. March 12,by 12:00p.m. -Official Candidate list willbe posted outside the SBA office on Monday, March 15, 1993. -Candidates Forumweek ofMarch 15. -Elections March23 & 24. Student Organizations Budget Hearings are approaching fasterthanany ofus wouldlike. To ensure thatyour groupcomplies withthe policiesand procedures ofthe SBA, Iam asking you tomake an appointment with SBA Treasurer Stephen Lee. Unposted Grades The following professors had yet to post grades for theFall 1992 semesteras of 12:30 p.m. February 25,1993. iw505 iw609 iw694 iw730 iw750 iw751 iw814 I ( SiGN UP NOuJjSAVE jfZOOy I CriminalLaw Corporate Tax Extenshp T.& V. Home Law, Gender,& Equality AmLeg Ed &Theory Slavery TerrorsmiHome Ewing Battaglia Marcus Finley Schlegel Binder Marcus The self-imposed faculty deadline to post gradeswas February 15. Four Local Bands Headline CIRCLES Benefit I I ■■■■ ) m i&A I in m//9)il)l Ww ~ m The 2nd Annual Circles: TheBuffalo Women's JournalofLaw and SocialPolicy fund raiser will take place at Nietzsche's on March 18,1993,10p.m.-3a.m..TheJazzabels,KathyMoriartyandPlanet 9,Gary Storm andthe Seventh Generation, andThe Hot Cargo String Band are the line-up for an evening offolk, rock, jazz, old classic, and hot original music. Tickets may be purchased at the door for $5. Circles is an interdisciplinary journal published by students of the State University of New York at Buffalo School of Law, the Department ofComparative Literature, and otherinterested students. Circlesprovides a forum for exploring the legal and social challenges facing women of diverse races, classes, and cultures. The media ranges from articles, commentaries, poetry, fiction, book reviews, photography and artwork. Circles, in its second year, is dependenton grants, donations, and fund raisers for funding its publication. All proceeds from the benefit will go to publication of the second volume ofCircles. March 3,1993 The Opinion 9 �UB LAW SCHOOLTASKFORCETO HELP DOMESTICVIOLENCEVICTIMS BY SERVING AS AN ADVOCATE DURING NEW WEEKLY PROGRAM -- BUFFALO, NY. Students at the State University ofNew York at Buffalo SchoolofLawareexpandingtheireffortsto help victims ofdomestic violenceby serving as lay advocates during anew, weekly program at the law school. During the program, which willbe held on Wednesday evenings, beginningFeb. 17,studentsfrom theDomestic Violence TaskForce will fill out petitions for Family Courtand arrange for volunteers to escort women to court. The Wednesday program will operate in addition to the task force's Tuesday evening program,where studentsassist an attorney who providesprobono legaladvice ona variety offamily lawtopics, including divorceandchild support, custody andabuse. The task force differsfrom thelaw school's domestic violence clinicalprogram in that thetaskforce is astudent-initiated,all-volunteer group, while students whowork in the clinical programreceive academic credit. '' We try to make iteasier for these women. Weknow the procedures, where to go for help," says Ruth Yashpan, a third-year law student who coordinates the task force'sactivities withSubrataPaul,also athird-year student. "Wewantto takeoutthe intimidation ofthe court system and the (women's) partners.'' While the studentscannot offer legaladvice — they hope to addan attorney to the Wednesday program in the future 'we can givewomen their options and support —' them,'' Yashpan says. For example, filling out Family Court petitions at thelaw school will shorten women's actual visitsto court,'' sparing womena half-a-day spent inthe intimidating court setting,'' Paul adds. The session also will serve as alearning experience for the students. They will receive valuable experience going to court and working with clients, and also gather information on howjudgesand the court system in general are treating these women. In addition to the Tuesday and Wednesday programs, the task force has held informational meetings to increase awareness ofdomestic violence, and published a brochure describing legal avenues available to victims of domestic violence and the servicesprovidedby the task force. The brochure is distributedthrough theUß student counseling and health centers. Paul and Yashpan hope to send copies to community leaders. All calls to the task force, which received theNew York State Bar Association's StudentEthic Award for 1992,are strictly confidential, Yashpan and Paul emphasize. Anyone interested inattending the Tuesday orWednesday programs should contact the taskforceat64s-2782. Write forThe Opinion A TTENTIONLA W STUDENTS This is your last chance to join Phi Alpha Delta Law Fraternity for Spring 1993. If you are interested in joining America's strongest legal fraternity, see Saultan Baptiste, Box 611, or Wendy Kowalczyk, Box 437, by March 6,1993. Initiation is scheduled for March 9,1993. Commencement 1993 Commencement 1993 will take place on Sunday, May 16, 1993,at 6:00 p.m. in the Alumni Arena. A reception will be held, immediately following the ceremony in the Student Activity Center. More details on that at a later date.There is no limit on the number of guests you may invite to the ceremony or thereception. Rent the cap, gown andhood at theUniversity Bookstore now through April 2nd for just $45.90 UNIVERSITY UNION ACTIVITIES BOARD Women forWomen TheUniversityatßuffalo'sUnionActivities Board isproud topresentaperformance by two women musicians withproceedstobenefitUß'snewly founded Women'sCenter. OnFriday,MarchsatB:oop.m. in the GloriaParks Community Center(comer of Mainand Heath Streets), Judy Gormanand Ani DiFranco will each take the stage and demonstrate their ownindividual, extraordinary talents for an evening of enchanting songs. Having played colleges andcities cross the U.S.and Europe, Judy Gorman will finally makeher Buffalo debut. She combines folk, blues and gospel to create a unique sound filled with meaning and emotion. With therelease ofherfourth album, PuddleDive. Ani DiFranco continues toprove sheisBuffalo's anti-folkheroine. The combinationof DiFranco' svoice,melodies and lyrics give her performancesan almost hypnotic quality. A fter justone performance, you will behooked. Tickets ares6forstudents and $8 for non-students. Tickets are on sale at theUB Ticket office, Home ofthe Hits,New World Record, Buffalo State Ticket office and Record Archive. Questions shouldbe directed toWAB at645-2957. The Humor and Wisdom of Henry Rollins ' 'Ifyou 're something all the timebesides alive, it might as well befunny -Henry Rollins March 7,1993 Buffalo is fortunateenough to be graced againwiththeeloquenceofHenry Rollins onMarch 7 at 8:00 p.m. in Slee Hall, at the University ofBuffalo, Amherst Campus. In the tradition ofNietzsche, Rollins will perform his now famous spoken wordlectures. Touring to promote his double spoken-word album, Boxed Life. Rollins is a mix of comedian and realist. Rollins is widely known as the leaderofThe Rollins Band, but his spoken word performances have gained a fanatical following oftheir own. Topics ofconversation could range from the seriousness ofhis best friend'sdeath, to the satire ofthe instructions on the insideofa condom box. Spoken word is nothing new to Henry-he's been tell inghis stories on stage at poets' and writers' clubs for 10years now. For more information on the show, please contact Malt I/Crncr at (716) 645-2957. Photo passes can be requested in writing 3 weeks prior to March 7. 10 The Opinion March 3, 1993 Hearing on theViolation ofWomen's Human Rights An "IntemationalHearing on the ViolationofWomen'sHuman Rights" will be heldThursday,March2s,l993 from6:3o- 10:00p.m. in theauditoriumofthe Buffalo Museum of Science, 1020 Humboldt Parkway. The hearings are sponsored and organized by the Human RightsCenter oftheUniversity atBuffalo andVIVE, Inc., an organization of world refugees. The event is free and members ofthe public are encouraged to attend. The hearing is being heldto document female humanrights abuses around the world, including withinthe United States. The Buffalo hearing will focus on refugee women, women who are victims of domestic violence, and women in poverty. Testimony will be taken from women who have directly experienced human rights violationsand fromservice providers,academics, andactivists whohave both worked withthese womenand have advocated on behalfo fwomen inWestern New Yorkand aroundthe world. Persons offering testimony include womenfrom SomaliaandLiberia, as wellas stafffrom the Centerfor Victims ofTorture in Toronto and Haven House, a Buffalobased crisis center for women victims ofdomestic violence and theirchildren. Persons hearing the testimony forma panel oflocal officials in government, law, the judiciary, healthcare, socialservices and immigration. "Hearers" are personswho have the ability to take information from the hearing and use it to sensitize, educate, and, in some cases, alter the way women who sufferabuses are both perceived and treated within the various systems mandated to facilitate servicesand provide legal representation. Documentation from the hearing will be forwarded to Antoine Blanca, the Secretary General ofthe June, 1993 "WorldConference on Human Rights" to beheld in Vienna. Reports from women's hearings all over the world are being sent to the Secretary General with the express purposeofasking the 1993 Preparatory Committee for the conference to comprehensively address women's rights at every level ofthe conference proceedings. Thegoal is to convince the conference organizers and other human rights bodies to recognize women's rights as human rights and to take direct action toredress systematic attacks on women's human rights around the world. This internationalcampaign is coordinated by the Center forWomen's GlobalLeadership at Rutgers and the International Women's Tribute Center at the United Nations. More information and a list ofpersons providing testimony and the panel of hearers are available from JuliaHall or JamieHan at the Human Rights Centerat 645 20730r833-2564. - �The Docket ASDFSDFSDF What: When: Where: Lowdown: FREE BOOK for all UB law students: UB Law School: 100 years 1887-1987 NOW! Pick up your reserved copy at the The L *€><*sno E*Hox*mhutfysscwm — Presets — 3rd floor bookstore. The alumni feel generous and the law school needs any good press it can get. What: When: Where: Lowdown: Public Lecture: ''Pursuing Environmental Justice. Thursday, March 4, 12:30p.m. Room 109 o'Brian Hall. Professor Richard Lazarus, will discuss how U.S. policies might be changed to improve the inferior environmental conditions of many low-income and minority communities in this country. Why: BPILP Pledge Week March 8 to March 12 In front of the Library To fund Public Interest summer internships What: BPILP Fund-raising Party When: Thursday, March 12 at 9:00 p.m. Central Park Grill (CPG) For the fun of it What: When: Where: Where: Why: At 2 p/a iNTHf FiftST Ti-ooR. ST«O£ASr ...Feds continuedfrompage 3 sity ofWisconsin, whichamended its student disciplinary conduct code in response to an increase in the incidents of discriminatory harassment. TheFedswanttheproposedrule discussed in terms bothofitsconstitutionality and its impacton thegoals ofeducation. Copiesoftherule canbe obtained onrequest from Box # 785. All entriesare to be submitted to Box #785. The deadline for submissions is April 1, 1993. Papers will be judged on the quality oftheir content, noton the conclusion reached. TheFeds have anactive membershipof ten students. Thisyear, the Fedshave continuedto put outTMEaieralistPariSE, which are a mixture ofRush Limbaugh and a serious, conservative letter. Anyone can, and all are encouraged to, write for and respond to The Federalist Papers. Those students who jointhe Feds will receive, according to the present members, a comicrelieffrom thediatribe ofthe classroom. Members also receive a level of comradery witholder studentsand learn how to survive law school. TheFeds are looking toplan some future debates on current issues. They are also consideringajournal whichwould discussthe free market methods of protecting the environment. In the past, the Feds believe they have been perceived as exclusive. Today, however, theFeds desire to be inclusive, like JackKemp. The Feds believe in a free market and free ideals. They wantto appeal to a broaderbase ofpeople. TheFeds strongly believe in an open marketplace ofideas, and for thatreason stand by theprotect ions afforded by theFirstAmendment. However, the Feds do not agree with speech which is used just forshock value. TheFeds are a law student group that is attempting tocarry on its tradit i< >n wli i le changing in a desire to be more mainstream and accommodating a wider and more diverse rangeofinteresls. Call for Papers! The Federalist Society announcesacallforpaperswithachance to win money. The topic? To critically discuss the following rule in termsofboth hs Constitutionality and it'simpactonthe goals o feducation: The University of Wisconsin, responding to an increase in the incidentsofdiscriminatory harrassment, amended its student conduct code. The new rule provides that: "The university may discipline a studentin non-academic matters in the following situations.. .2(a) For racist ordis- criminatory comments, epithets or otherexpressivebehaviordirected at an individual or on separate occasions at different individuals, or for physical conduct, if such comments, epithets or otherexpressive behavior orphysical conductintentionally: (1) Demean the race, sex, religion, color, creed, disability, sexual orientation, national origin, ancestry or age ofthe individual orindividualsand (2) Create an intimidating, hostile or demeaning work environmentfor education, university-related work or otheruniversity-authorized activity.'' Papers will be judged on the quality oftheir content, not on the conclusion reached. The amount of the prize will be determined by the numberofpeoplewho submitpapers. If thereare 1-2 entries,the winner will receive $ 50.00; 3 -4 entries, thewinner willreceives7s.oo; 5 ormore entries, the winnerwillreceive $100.00. Copies of the rule can be obtained on request from Box 785. Submit allentries to Box 785 by April 1,1993. Thereisatenpagemaximum and it must be double spaced. . <?AP TWois, /riAUH u= v I/I ?\l>lk * to 1?. <»ep Corft, v^ Kevin Q>h;m, gw ffC3o tJj^Y^A^ WESTLAW & LEXIS TRAINING at the TemporaryLearning Center(TLC) Law Library, sthFloor, Room 5-3B Ten Westlawand ten Lexis/Nexis computers willbeavailable fortraining sessions and student usefrom March 1st 2 Bth. - IMPORTANTDATES Password and softwaredistribution 10am-3pm outsidelaw library March Ist through sth 1LTraining by law librarians MarchBth through 19thRefresher training bylaw librarians March22nd,24th,2sthSummerAssociate training (IL,2L)by Westlaw Attorneys: 11 am, 1 pm,2:3opm/Fastracktraining by Lexis attorneys: 3 pm 6 pm March23rdSummerAssociate training:ll am, Ipm Fastrack 3pm JudicialClerkship training (IL, 2L)by Westlaw March23rdAttorneys2:3opm All first yearstudentsare encouraged to sign upforthese computerresearch training sessions with theirresearch and writinginstructors as wellas pick up software which will be distributedoutside the library on March 1 st and 2nd. March Istand 2nd- - ...Islam con tinuedfrompage 4 the people, Mr. Cakir charged, adding that Islamism attacks society because of this. Mr. Cakirsaid that democracy is hard for Muslim countries because the Western countries support the dictatorships in these countries. Because these regimes have foreign support, society cannot determine i ts own destiny. While Islamists mightrule ifthe Muslim countries became democracies, at least it would be the choice ofthe people, said Mr. Cakir. However, because oftheinterference by the Western powers in the democratization process, the people have not had a chance lo make their voice heard. Mr. Cakir's presentation was co-sponsored by the Human Rights Center and the InternationalLaw Society. March 3, 1993 Last Free ,, "Live Bar Review Lecture ReaJ Property March 6, 1993 Marino The Opinion 11 �1993 BOOKS ARE IN! BOOK DISTRIBUTION BEGINS: TUESDAY MARCH 16TH REMEMBER: You Must present Your Book Distribution Card and Return Any Old Books to Receive New Ones. O rfjl }lXj| jw&k **""** CLASS OF 1993 PLEASE NOTE: MARCH 16TH WILL BE THE LAST DAY TO SECURE THE $1245 TUITION. AFTER THAT date the tuition will be $1345 until 4/15. thereafter FULL TUITION: $1395! BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-03-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/3/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cc7c4ac220a84025f3bed5c621434278.pdf cd82faf8dd811c66406532d8ffd03c31 PDF Text Text TOHE PINION February 22,1993 Volume 33, Special Edition STATE UNIVERSITY OFNEWYORK AT BUFFALO SCHOOL OF LAW NO MANDATORY FEES... wli > ,n !{iW || jNK JBhK AsianAmerican Law Student Association Association ofWomen Law Students Black Law Students Association Buffalo Enviromental Law Journal Buffalo Enviromental Law Society Buffalo Journal of International Law Buffalo Law Review Buffalo Public Interest Law Program Buffalo Journal of Public Interest wR 'JS "^μ JkhL wiv /^§P^ Law^^^^»^ Desmond Moot Court Board MHL Domestic ViolenceTask Force f^^K^^k fS|W^ Hibernian Law Society International Law Society ;i:; » essuP International Moot Court Board Labor and Employment Law Association .* LatinAmerican Law Students Association Law Students for Corporate Accountability Lesbian, Gay, Bisexual Law Students Native American Law Student Association National Lawyer's Guild The Opinion Phi Alpha Delta Fraternity Phi Alpha Phi Fraternity Sports and Entertainment Law Society Students For Constitutional Concerns Students of Law for Animal Rights \ '^'^^M^ ;'^^fflr YT^lliß i»l™ ... NO LAW SCHOOL STUDENT ORGANIZATIONS �§M| __ Student Bar Association School of Law UNIVERSITY AT BUFFALO m Rm STATE UNIVERSITY OF NEW YORK *»• ,ohn Buffalo, New York 14260 (716) 636-2748 February 21,1993 Dear Fellow Student: Imagine our law school without any student groups. No newspaper, Journals, or student clubs. All ofthe organizations listed on the front ofthis paper are supported by our mandatory student fees. As you can see, our student fees support groups which affect all areas of law school life. In addition to contributing to our own education with lectures, forums and guest speakers, our student organizations reach out to the community in a myriad of extremely vital ways. From the summer work which BPILP funds, to the work of the Domestic Violence TaskForce and thePrison TaskForce, all ofthese organizations combine abelief in what is right amongst men and women with our smallcontributions to reach significant achievements. An increasingly larger number of our organizations are producing top rate Journals geared to specific areas oflawand society. Some ofthese Journalshave achieved recognition fromnational organizationsby forging, ahead and fostering discussion in areas of our societypreviously ignoredby the law. These groups only ask that we provide a small monetary sum to cover the cost of supplies. Our returns are immeasurable. Once every four years, law students are required to vote either to keep fees mandatory or to make them voluntary. The results ofthisreferendum are binding forthe next four years. If the fee is not kept mandatory, it is quitepossible that all ofthe student organizations which make up the mosaic oflaw school life will cease to exist. During this S .B.A. administration, we have consciouslyplaced the needs ofthe students and student organizations first, strengthening the link between the students and their government. However, this is not good enough, for without the monetary support through the mandatory student fees we could do nothing. I am asking you to votejyesto continued mandatory student fees and to make sure all of your friends vote yes as well. This issue is too important for the future of our student organizations and our continued success in self-government. Thank you for your continued support and cooperation in making this one of our best years. Vote Tuesday and Wednesday in front ofthe Library. Yours, William F. Tre^vant President, Student Bar Association �The Student Bar Association and the Law School Student Groups NeedYou Now More than Ever!!! This Tuesday &Wednesday in front of the Law Library Thanks for your support. �Vote Yes to MandatoiyStudent Fees Tuesday, February 23 & Wednesday,February24 in front of theLaw Library. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1993 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/50c00670fa51590bdf4ea42285f52e81.pdf 24d31ad880b3d115cd2c9eb0166a3052 PDF Text Text Volume 33, No. 12 TO HE PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Award Winning AuthorVisits Buffalo bySaultan H. Baptiste,ManagingEditorand sold over 100,000 copies in paperback and has W.F. Trezevant, Staff Writer edited a collection of contemporary black There wasstanding-room-only atBuffiction called, Breaking Ice, which was pubfaloState College's Rockwell Hall onWedneslished in 1990. Mcmillan hasbeen actively on day, February 1 Oth. People ofall ages, races the lecture circuit for several months and has andsexeswerepresenttohearoneofAmerican's been interviewed on The Oprah Winfrey Show, newest black authors whohas arisen as a voice The A rsenio HallShowand wasconsidered by for many women ofcolor Terry McMillan. People magazine to be among the 25 Most Althoughwidely readand appreciated by both Intriguing Peopleof 1992. men and women, McMillan's perspective as Her mostrecent novel, Waiting to Exan African-American woman who has survived many personal challenges, has given many women ofcolorafeeling that she speaks to them in her writings withlove, honesty,and humor in a language that theyuniquely understand. McMillan's humorandrelaxed personality was clearly apparent during her speech whichincludedareadingfromherbook, Waiting to Exhale, and thebrief questionand answer period whichfollowed. When thankingthose who support herand buy her books, sheadded, ' 'My motherthanksyoutoo;she's looking for anewßuick." A graduateofUniversityofCalifomiaat Berkeley withaß.A. in Journalism,McMillan is currently a tenured professor ofCreative WritingattheUniversityofArizona. McMillan gainednational attention in 1987 withherfirst novel,Mima,forwhichshereceived anAmerican Book Award from the Before Columbus Foundation. Since then, shehaspublished her second novel in 1989,Disappearing Acts which has - hale, which was published in 1992, has won criticalacclaimand has beenonthe New York Times Best Seller's List for thirty one weeks. The paperback rights to Waiting to Exhale were soldforarecords2.64 million dollars. Waiting to Exhale reveals the lives of four African-American women, their unsuccessful experiences with men, and how they support eachother through theirsearch forlove. Often accused of male bashing, McMillan feels that Waiting to Exhale is not onlyabout relationships betweenmenand women.'' It is about women, and children and family. It is aboutparents, growingold, selfesteem, professional frustration and trying to hold all the piecesofyourlifetogetherwhenreality keeps tugg ing at theends. It isalso about the relationshipsbetween menandwomen - thecross wires ofcommunicationand theproblemswomen go through to find someone to live their lives with." When questioned by a member ofthe February 15,1993 UB Law to Honor Mugel "Avoiding Disaster: What All LawyersShouldKnowAboutßankruptcy Law to ProtectTheir Clients'' will be the topic discussed by a panel oflegal experts at the 17thannual UBLawAlumni Convocation. Themoming-long symposium willbeg in atB:3Oa.m. on Saturday, March6, at the Center ForTomorrow on audience as to why herbook only portrayed black men as' 'dysfunctional' '.McMillancom- mented that she,as an African-American femaleauthor, is constantly placed in aposition whereshemustdefendherwork.''Themenin mybookare justcharacters. This isfiction and fictionisaboutconflictandtension. Hopefully my readers are smart enough to realize that these characters donotreflect thewhole black race. Although similarsituations have been Author, continued onpage 3 Tragedy Strikes Both Sides of Conflict Human Editor-in-Chief theUß North (Amherst) campus. TheLaw AlumniAssociation has invited all law students to attend the morning program freeofcharge. However, if you want to receive valuable written materials, it is necessary to preregister. Students mustsign up byFeb. 27 inthealumni office-- 318 O'BrianHall so that enough materials can be pre- — pared. by VitoA. Roman, At aluncheon beginning at 12:15 This past summer Joel Sax traveled p.m. immediately following the Convoacross the war-torn countries which made up Albert R. cation, Mugel willreceive the former Yugoslavia documenting the toll the Award Jaeckle for 993. Students who 1 war is taking on thehuman rights ofpeople on and the presenstay want to forlunch all sides ofthe conflict. Sax, a journalistand tation the Jaeckle Award are also of staff member of Peacenet, an international office to the alumni up in invited sign network organized to promote world peace, "scholarship." firm Many for a law discussed his trip and work with the peace area lawfirms buy tablesand have places movement whenhecame to UBLaw this past available for law students. week at thebehestofthe ÜB' s Human Rights Named forUßalumnusEdwinF. Center. His discussion centered on the many of 1915, theaward is the Jaeckle,Class humanrights issues arising out ofthe war. honor the Law School and the highest Saxpurposely visitedthe war-tomcounbestow. It LawAlumni Associationcan try to get first hand accounts of what was to an individual who given annually is happening. Having covered theGulfwar from or herselfand distinguishedhimself has behind a desk in California, he felt that most has made significant contributions to the Americans, including himself, heard little of Law School and to thelegal profession. thehuman suffering endured by the Iraqi people JoelSax explains how the seeds ofthepeace movement have begun to take hold in Europe. Photo: Dan Harris Past recipients include Hon. 100. during that conflict, yetlearned in excruciatCharles S. Desmond, M. RobertKoren, detail of that to the happened US ing anything Basically, Sax explained, peace civilian government service until a quota for Hon. Michael F. Dillon and Manly Asa to troops. peace activist, however, he was movementin war-torn Yugoslaviahas focus those type ofworkers is met. Allremaining among Fleischmann, others. concerned with the human rights ofall inon four areas. First, the peace movementhas CO's must then enter the military, although 1941 oftheLaw Mugel,a graduate to to volved, and thus had to find a way past the try protect individual humanrights forall they are still not forced to beararms. Instead, School, has the Law School taught in This is whathe setoutto affected the war. The people by governmental they deliver draft notices, and, according to officialpropaganda. full timeand time since 1948. both part do withhis visit to the former Yugoslavia. and military policies of each side permitbarSax, have beenknown to ask potentialdraftees he to the Buffalo In helped 1955, found During his trip, Sax spoke to people in baric treatment ofthe' 'enemy," such thatall afterknocking attheirdoors"Areyouhome?." law firm ofJaeckle, Fleischmann, Kelly, cities, towns, and villages in Macedonia, sorts ofhuman rights violationsare condoned Onthe Serb side,much is being made ofthefact ,. Slavonia, Bosnia, Croatia, and Serbia, getting uponthe"other. Furthermore, even when ...Mugel, Continued onpage 6 Tragegy, continued onpage 3 accounts from all sides. What the stories had some policies are prohibited by the governin common was thatthere washumansuffering ment, the military often enforcesits ownrules. everywhere. Ashe put it, "I [was] seeing the For example, while the central Croation gov, humanity oftheformer Yugoslavia ' through ernment permits Serbs to live peaceable within these accounts. Since what most people hear itsborders, somemilitary commanders in the about the con flic t in the news media relates to field continue to treat all Serbs as enemies of 3 Group Spotlight military victories or defeats, Sax explained, the state. people tend to forget the human element inSecondly, the peace movement should 4-5 Editorials and Commentaries volved. To illustrate his point, Sax presented beconcerned with the status ofconscientious , .6 Roaming Photographer. ashort video ofVukovar, aonce thriving city objectors(CO s). Whileeach siderecognizes 7 of86,000 which after a threemonth siege was the status, the military is not always so Docket reduced to burning ruble occupiedbyroughly accommodating. In Croatia, CO's enter into ... HIGHLIGHTS �DO YOURSELF JUSTICE Study with Pieper...and pass. PEEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1-800-635-6569 or 516-747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Teske �THE BLACKLAW STUDENTS ASSOCIATION byKevin P. Collins, News Editor The Black Law Students Association (BLSA) isa law student group with over 30 student members whose purpose is to aid, fosterand help thelaw school in generaland the minority community in particular. According to the recently released y_ni; versity At Buffalo Law School: 100 Years 1887-1987. byRobert Schaus' 53 and James Arnone '85 (afreecopy ofwhichcanbepicked upin the 3rdfloorLaw School Bookstore), atpp. 180-181,thisgroupwasoriginalryknownas the Black American Law Students Association, and was foundedinNewYork City in 1967by blacklaw studentsfromNew YorkandColumbia Universities. The group came into existence here at UB in 1969, when the school's In addition to its recently held discussion * 'The Legacy ofßrownv.BoardofEducation", whichtookalookbackandahead,BLSA also justsponsored abowl-a-thon for law students. BLSA is also showing aBlack History Video SeriesonFebruary 1 1th, 18thand25thin Room # 106 at 6:00 p.m. The group, every Wednesday inFebruary, at 11:30 a.m. in the spineacross from theLaw Library, is holding ' 'An African-American CulturalFood Festival' ' featuring variousAfrican-American delicacies,andallplatesares2.oo.BLSAwillalso be having aforum onmulti-culturalism to be held sometime onthe last Thursday in February In the upcoming days wecan also expect to seea poetry contest in memory ofthe late Professor Muhammad Kenyatta. Along with . !!! BAR/BRI SCHOLARSHIPS!!! BAR/BRI, as usual, is offering generous scholarships to help selected students defray the cost oftaking the BAR/BRI Bar Review Course. A minimum ofthirty scholarships will beawarded ata maximum of$250.00 each. A totalofat least $7,500 will be awarded. Recipients will have their current BAR/BRI tuition reduced by the amountofthe scholarship, exclusive ofany early sign-up discounts. Approximately twenty scholarships will be awarded to students based on need. Applicants must describe their financial situation as well as those reasons why a scholarship isdeserved. Scholarshipswill notbeawarded to thosepossessingapermanent jobsubsequent to graduation. Aboutten scholarships will be awarded through the Buffalo Public InterestLaw Program (BPILP) to students wishing to work inthe public sector. Applicants for these scholarships must show a demonstrated commitment to working in the public sector. Preference will be given to those applicants whoclearly indicatepost-graduation plans which include a public interest/public sector job. Studentsmay receive either aneed-based orapublic interest scholarship, butnot bolh. To apply, pleasewritealetterofnomorethanonetyped,single-spacedpage. Return ittoMadeline Finesmith, Box #87, no later thanFriday, February 19,1993. Writeyour name on a coverpage, but do not writeyour name on subsequent pages. Please specify whethertheapplicationisforaneed-basedorapublic interest scholarship. Scholarships willbehonored inNew York, New Jersey and New England, and any otherparticipating B AR\BRI jurisdiction. Please specify which bar examyou are planning to take. From Barbie to Bar/Bri GROUP SPOTLIGHT will bis a seriesfeaturing a differentstudent group each issue. minority recruitment drive produced an increase in black enrollment.The group's missionfrom itsinception was to "attract young blacks into thelegal profession, to help them with their schoolwork and to promote law and legal trainingas a means ofsolving problems facing the black community." The BLSA president for the 1987-88 academic school year,DianaM. Harris, wasquotedasreporting the group' smembership as 82 students strong. Today, the group's members have for their President 2L James Lynch, Box # 707. Together, BLSA carries the original vision of the group withits eye on the currentrealities oftodayand the future. BLSA isinvolved in many on-going group-administeredactivities. Some o fthe manyoftheBLSA groupactivities include the following. BLSA has a mentor program for 1 Ls, whereby 2Lsand 3Lshelp the 1Ls get through theirfirst year. DeanBoy eris aware ofthe program, and according to the group, is considering extending itto thewhole studentbody. A secondmentorprogramwhich BLSA runs is one in which connects law students with attorneysin the community and the Erie County Bar Association in order to increase the level ofprofessionalism amongst the studentsand financial support fromalumni to theschool. BLSA also administers anadopta-school program, whichis chaired by2LChris West,Box#B34, throughwhichjuniorhighand high school studentsare urged to stay in school and are shown proper role models, such as BLSA members. ...Tragedy thispoetry contest, BLSA will co-sponsorwith the Student Bar Association, the Kenyatta Fund. Further,aplaque inProfessorKenyatta's memory is to be placed outside ofthe Law School Library later this month. BLSA also puts outa periodicnewsletter, with 2L Gary Simpson, Box # 792, as its Editor-in-Chief. This comments on current topics in the news as well as issues ofthe law school.BLSA encourages people to write for the newsletter and to respond to its stories. Any law student canjoinBLSA by simply contacting any ofthe members citedabove orgoingtoany groupmeeting.BLSA'soffice isin Room # 113Aanditstelephone number is (716) 645-2143. Those students whodo become part ofthe group willreceive an opportunity to workon projectsthat they wouldnotgettowork oninotherstudentgroupsandachancetoreally get involved inthe issues that are important to them. BLSA attempts to pool a diversity of interestsand backgrounds intry ing toreach a common goalanddoesso with acommitment to improving the situationforall law students, especially those affected by poverty and discrimination. The group wants to promote professional responsibilityand excellenceaswell as academic achievement. BLSA's members want to give something back to theLaw School community, by being oneofthe organizations that is at the forefront of broadening the law schoolvision whileestablishing andmaintaining connections tothe community and alumni. trained inrape counseling will soonleave from California to help the women onall sides who continued frompage 1 have sufferedfrom this crime. thatalthough Hungarians constitute only2% of Finally, Sax insists thatthe worldrealthe population, theyrepresentalmost 10%of ize that the violations of the human rights of the Serbian fighting forces, and make up an justoneindividual dohaverepercussions. Each evenlargerpercentageofthe front-line troops. murdered father or mother leaves behind a EntirevillagespopulatedbyHungarianshave grieving family. Worse, soldiers return from openly resisted the Serbian effort to recruit combatemotionallyandpsychologically damtheir men, declaring themselves "spiritually aged from the combat atrocities they have opposed to the Serbian war effort. committed or witnessedand sometimes turn Anotherconcernofthepeacemovement on their own families. In fact, Sax says, the is what to do for people whohave had their Croatian government has had to prohibitsolhumanrightsviolated, inparticular, the women diers fromreturning homewith grenadesafter who have been raped. At this point of his many used them to blow themselves or their discussion, Sax reminded his audience that entire families up in their own homes. In the this is a human rights violation that has ocend, Sax explained, the people hurt by the curred on bothsides ofthe conflict, thoughthe apologists on both sides ofthe conflictare the rapes ofCroatian and Bosnian women have civilians, the soldiers, and the soldiers' famireceived morepress. hi fact,hesays,awomens' lies. group in Croatia is complaining that women Sax ended his discussion byasking his are promised help ifthey gopublic withdetails listeners to help the innocentcivilians and not ofwhathappened to them and are then denied the governments involved in the conflict. He help. Their suffering, in short, is being ex- also suggested that we not send more arms to ploited to fuelthe fighting and to turn interna- one side in the dispute simply because it is tional sympathy to one side in the conflict. clearly out-gunned. Thepeace movement, he Nevertheless, Sax continued, ateam ofwomen insisted, cannot take sides. by TracyDale Sammarco riltellyouwhat,rmpissed. I'mpissed because Erma Bombeck thinks she can just waltz in and snatch my idea without even consultingme. Yup, that'sright, she snagged myideaandranwithit. Onemightbethinking that the chances ofa nationally syndicated columnist (however un-read she might be) even knowing whoI am, let alone piratingmy story straightfromthe gutsofmy Mclntosh,are rather slim. But let me ask you this, is it coincidencethat my treatise on Barbieexamining the social dimensions ofthis national figure was nearingcompletion when,IRONICALLY, Bombeck says, out ofthe blue, that Barbie is HERnewrole model? I think not, my friends. The truth is, I got cold feet at the last minute. I was going to finish my piece up and coerce tIieNLG into putting itinto theDissent; butl thoughtpeople might thinkI was losing it ifI published this shocking expose aboutmy childhood. Moreover, I didn't think anyone would care about my childhood. But now, because I'm ticked atBombeck, and because myanger has givenme the courage to standup and proclaim myselfa proud, former Barbie owner, I'm going to do it. (It's undoubtedly going tocomeoutatmyconfirmationhearings anyway, so here goes.) When I was six or seven years old, a malicious playmate of mine -we'll call her Shelly (in fact, thatwas hername)- ripped off Ken' shead and to ssed itintothe gutter like so much rubbish. I was mortified, but looking back, Shelly What's-Her-Namemayhave been making a bold political statement. There he lay(well, justhishead,really), staring up at me with those plaintive, plastic eyes...why?why? On onelevel, I think Shelly mayjusthave been a littlejealous,mine being the onlyKen onthe block. We had,afterall, a hugeBarbie complex stretching upand down the entire length of the hall in our apartment building. We had purple Corvettes,townhouses with elevators, pink motorscooters, clothes (oh,the clothes!) and much, much more. There was,however, aratherconspicuous absence of men inthis pink-plastic-molded, model com- munity. Mine was the onlyKen, sonaturally, all the otherBarbies were vyingfor his attention. I got a taste ofwhat is was like to be on the other side of the dating fence. Looking back, I think wewere deniedadditional Kens , becausetherewasonly onebedroom inBarbie s townhouse,and thatfact frightened ourparents a little bit. Ittendedto take someofthe realism out ofthegame,Ken being headless and all. But then, he wasmissingafewother strategicparts as well. So I ask you, was this vast Barbie community really a metaphor for lesbian separatism? Here wasKen, the onlymanfor miles, and he was a mere shadow ofa man. Barbie even hadreal hair; Ken' s, on the other hand, waspainted on. Idon'tcarewhatyousay, hair is empowering. Moreover, Barbie'sbest friend was Skipper. Skipper! Barbie's obviously co smeticallyaltered body was amere ruse, I say. HerCorvettewas purple,forcrying out loud! We'rehardpressed to admitit,butweall hadBarbies inourformative years. She wasa shiningbeaconin thenightofchildhoodglasses, braces and imperfect hair. Weknew that one day, we'd have Barbie's success, Barbie's boyfriend,Barbie's car, Barbie's dreams and yes,Barbie'sboobs. But even inthis quagmire ofsuperficiality, wewerebeing indoctrinated withtheseedsofrevolution. Wehadthepower, wecontrolledKenbodyandsoul. Hewasnever late for a date. All the clothes came with matching pumps too, as Irecall. Barbiewas incapableof wearing flats. Herfeetwere surgicallyaltered that way. Most people say it was a way to hobble Barbie, to keep her subservient to the fast-walking, comfortably-shod, male power structure; but I know better. A spike heeled shoe can become aformidable weapon in the hands of onetrained to use it; whether at the beach, the business meeting, orthe late night walk from townhouse toCorvette. Some how I don' t thinkErmaand I are the only women out thereto have drawninner strength from Barbie. She'sthereasonl'min law school today. ...Author abuse, McMillan said Uiafhcrlifedid not begin to change until she decided to take her life experienced bymany women,menoften donot seriously. Shesaid that when shedid, shereally understand how their behavior effects us." started to live. Whenaskedhow she was able Instead ofbeing defensive,McMillanfeels her to overcome these obstacles, McMillan said image of men can be constructive criticism. she didnot see them as obstacles.' 'Nothing in "If we (women) thought thatall black men life is free. This was the price I had pay and I were no good, then we would not waste our am stillpaying.Thanks to God, I amnow on the energy tryingto find agood man, and I certainly righttrack." would not waste my time writing about it.'' Currently bothDisappearing Actsand Terry McMillan' booksMama,DisapWaiting to Exhaleare being writteninto screen pearing Acts, Breaking Ice and Waiting to plays. Asasingle mother who wasleft by her Exhaleareall published by Washington Square son'sfather nine months after herchild'sbirth, Press, New York. andhas had to overcome alcoholism and drug continued'frontpage 1 February 15,1993 The Opinion 3 �©pinion iScJT Volume 33, No. 12 Editor-in-Qiief: Managing Editor: Business Manager: NewsEditor: February 15, 1993 Vito A.Roman Saultan H. Baptiste Michael Radjavitch Kevin P. Collins Features Editor: Tracy Dale Sammarco Layout Editor: -vacant Photography Editor: Paulßoalsvig Art Director: Bill Kennedy StaffWriters: W.F. Trezevant,Kathy Korbuly Contributors: GraigD. Hannah, Dan Harris EDITORIALS Late Grades as Good as No Grades February 15 has come and gone and many students still have not received their grades. Isn't feedback supposedly the name of the game now? A fewweeks ago, some facultymembers arguedthat ifthey added pluses andminuses to the mystical "Q" grades, students would get that special feedback they need to either reassure themselves that they are doingOKoralertthemthat they should be trying harder. Whilethatmay be a laudable goal, it means little ifthe student doesn't get his gradesto begin with. Of course, not all faculty members are guilty of failing tomeet this self- imposed deadline, butthose whoare shouldrealize that no grade means no feedback. For first years, the uncertainty this creates can be sometimes unbearable. Last year at this time, the SBA was threatening the faculty with a barrage of letters ifthey didn't promptly report their grades. From the look of the list posted outside A & R, this year doesn't seem so bad, and such drastic measures may not be necessary. So far, only four Ist year classes remain unreported, and two of those belong to the oneprofessor who had to teach a double section. As for upper level courses (excluding seminars and independent studies), close to 70% have reported (by my very rough estimate.-cd.). This also doesn't seem so bad, so long as one assumes that upper level students don't need the feedbackas badlyas do first years. But that assumption may notbe true. In any event, out ofrespect for the student body, the faculty should try to complete its grading process as soon as possible andmake things better for all involved. GettingTough on Crime May Not Be the Answer Third times a charm, they say (unless your a Bills fan). Hopefully, that will be the case for Clinton. We can onlyhope he got it right with his nomination of JanetReno for Attorney General. However, in our haste to see thejob filled, we shouldnot overlook what itrepresents for thisnation to have a tough prosecutor at the helm ofthe JusticeDepartment. Lest we forget, we have justendured 12years ofa' 'lets get tough on crime approach to thisnation's crime problem. Yet the problems haven't gotten any better, but only worse. Mandatory sentences for drug offenders and repeat offenders appease the public and temporarilyremove from view the symptoms of the problem, but they do nothing in the way of providing a cure. Likewise, while many people are willing to agree that much crime could be prevented through educational and other supportprograms, few are willing to make the sacrifices to see these programs implemented. Instead they take the easy way out by trying to put the problem out of sight and out of mind. What we need from this new Attorney General is not more of the same "get tough" nonsense, but an attempt to seekreal solutions that attack crime and its causes at their source. Copyright 1993. The Opinion. SBA. Any reproduction ofmaterials hereinis strictly prohibited withouttheexpress consent oftheEditors. The Opinionis published every two weeks during theFall andSpring semesters. Itis thestudentnewspaper o f theState University ofNew York at Buffalo School ofLaw. The views expressed inthispaper are not necessarily thoseof theEditorsorStaffofTheOpinion.The Opinion is a non-profit organization, thirdclasspostage enteredatßuffalo.NY. Editorial policy ofTheOpinion is determinedby theEditors.The Opinion isfunded by theSBA from StudentLaw Fees. The Opinion welcomes lettersto theeditorbut reserves theright to edit for length and libelouscontent. Letters longer thanthree typed doublespaced pages will beeditedfor length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus or UnitedStates Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147 or placed in law schoolmailboxes 223 or 611. Deadlines forthe semesterare the Friday before publication. The ideas expressed in the "Letters to theEditor" and onthe commentary pageare not necessarily endorsed by the Editorial Board ofThe Opinion. 4 The Opinion February 15,1993 Opinion Mailbox Letter to Editor: For the past decade no issue has dividedAmericans more than the legalization of abortion. Compromise, compassion, and open mindedness elude discussions about abortion. Thesediscussions tend to dissolve quickly into invoking moralabsolutes and imputing basemotives to people with opposing viewpoints. Againstthis background, it is unfortunate that NatalieLesh chose to offer a superficialand inaccurate analysis of why' 'many pro-choice advocates believe in the legalright to an abortion. Ms. Lesh declares that many women compensate for a lack ofcontrol oftheir surroundings by attempting to control theirbodies. She states thatthe attemptto control the bodybecomes obsessive and' 'mostoften" manifests itselfin eating disorders. Then, sheanalogizes the causative factor of eating disorders (control) to the determinative reasons forreaching apro-choice position(control). I submitthat eating disorders, and other adjustment and personality disorders, include an element ofcontrol. However, to conclude thatcontrol is the central issue behind eating disorderstrivializes a problem which has complicated behavioral, social and psychological roots and is a serious misstatement. To assert that theneed ordesire for control on thepart ofpro-choice advocates,'' becomes an exercise in the destruction ofanotherbeing" begs theissueand defiesfairness andreason. Finally, contrary to one ofMs. Lesh's assertions, there are many limitations on what individuals can do to and with their bodies (drug lawsand nudity ordinances, to name just two). I suggestthat Ms. Lesh continue hercontrol theory. Legal adoption ofapro-choice position allows all women to exercise their beliefs regarding their continuation ofa pregnancy. Legal adoption ofapro-life positionprohibits many women from exercising theirbeliefs. Who is trying to control whom? Millions ofwords have been written and spoken on thelegalization ofabortion. Justice Thomas's assertions aside, I am confident that everyone at this law school has thought and has talked about the legalization ofabortion. Nothing new is added to the debate by writing an article which unfairlycharacterizes the opposing viewpoint ona divisiveissue. I suggest thatweagree to disagree. Failing that, let eachperson advance their own beliefs, not misstate ormalign the convictions ofothers. Jane Wade, 2L COMMENTARY by Craig D. Hannah Last Tuesday, the Black StudentUnion heldA Forum on Racism to discussthe rising racial incidents on the UB campus. The participants in the discussion were from the various undergraduate minority ethnic organizations: Jewish StudentUnion (JSU), Muslim Student Association,Latin American Student Association (LASA), All-African People's Revolutionaery Party (AARP), the Native American People's Association (NAPA) and theBlack StudentUnion (BSU). There were several issues debated in theforum. Someofthemoresignificanttopics were: Racism in the Student Association, Racism in the Administration, Racism on Campus, Capitalism as Racism's Tooland Mental Slavery. CampusRacism was the most heavily debatedissue at the event. Several minority students experienced incidentsofharassmentand discriminationby the administration and public safety. No studentwas willing togivehis or herpersonal account, butitwas evident that this was a sensitive issue. Several studentsalso expressed theirdisgust overthefactthatthe campus newspaper hasreferred to neighborhood youthsas uncontrollable delinquents. It is dangerous toassume thatevery A frican-American or Hispanicmale dressed in casual attire isacriminal. This is an assumption thatno personor organization, including public safety, has the privilege to make. It is depressing to see thatthe problems African-Americans had to bearin the first halfo fthe twentieth century are still present today. Institutionalizedracism coupled with both overt and covertracismare the problems these undergraduate students feel they are facing. The minority students at the event wanted the administration to come to their aid, like a heavenly angel, and rescue them from their problems. But these students should realize that the administration is not their savior. They, as a people, must look within themselves for help. As the Five Percent Nation would say, "You are God." We, theso-callededucatedAfrican-Americans, are the answers to our problems in Americaand the saviorsforourcommunities. There is no one here tohelp us andpeople are tiredo fourcry ing. Asmy grandmotherwould say, "Stand upandbeaman." Brothers, it is timeto prove your masculinity and not justthatyou havelost your virginity. Youare the mastersofyour ownfate and the captains ofyour souls. Ifpublicsafety subjects you, or someone youknow, to undue harassment, then file a complaint or tellaprofessor with whomyou have developed a special relationship with. If someone in theadministration is giving you ahard time, or isnot serving your needs,tell his supervisor thathe is notdoing hisjob. Justremember back to when you were working at Burger King and that Caucasian Womanasked to speak to your mangerbecause she thought you had anattitude problem. You gotin trouble;and ifenough peoplecomplained, you lost your job. Ifyou complain to the right people, something usually gets done. If it doesn't,then you complained to the wrongperson. Remember that ourpurpose at this institution is to learn and to obtain a degree. Nothing should come between you and your originalgoal, especially notthe trivialantics ofa few ignorant bigots or the cowardly mannerismsofsome overbearing,under-trained and uneducated public safety officers. Who in hisright mind would settlefor a careeras arent-a-cop? There is no room in this world forPart-time Revolutionaries.'' If you want to be a revolutionary, dropoutofschooland give ityourfullattention. Don't wasteyour parents' oryour ownmoney byattempting to balance worldwide liberation withyourstudies. YourconservativeparentsdidnotsendyoutoschooltobecomeaHueyNewton;but, rather, a Thurgood Marshall ora Charles Drew. You can save the worldlater; while you are here, get thedegree for whichyour forefathers foughtso hard so you could get thechance. My belovedA frican-American brethren, whileyouare in college expanding your vocabulary and opening your mind to new ideas, do not lose your common sense. It was difficult for us to obtainadmission to this institution, but it is easier to get thrown out. We wereborn with two strikes against us, so please don't let these trivial problems become your third strike. �Chew on This By Tracy Dale Sammarco We've certainly sunk to a newlow as a society. We're lower now than the Features Editor outwithcardsfeaturing peoplewho have AIDS. Earvin Johnson,ArthurAshe andRock Hudson proverbial snake's bellyand the chances are someofthe lucky recipients ofthis distincofascending are slim. We have got to be, tion- "the diseased notables", I guess you as a nation, the pinnacle ofinsensitivity. couldcall them.The questionis not whowould Andyouknow, the strange part is that we make such a thing; this isalready established. fostertliisqualityinourselves. WelLlfind The question is- who will buy it? We know it strange, but I think some people must someone will, because there's obviously a consider insensitivity to be a source of market forsuch things. Ohyeah, get this: the pride. We'retough,we'reAMEßlCANS. purchaser doesn'tget gum,she getsa condom. Yuck. Chew on that. Are the families ofthe people featured Thebig storyacoupleofmonths ago was thata trading cardcompany known as on these cards supposed to be appreciative? As faras I know, this is notan altruistic "Eclipse Enterprises" hadcomeoutwith serial killer cards. Featured were such endeavor whereby Eclipse raises money for notables as Jeffrey Dahmer and Charles AIDS research or anything like that. This Manson. I'm mystified. Weren't these project isapparently out-and-out commercialcards, at some point in ancient history at ism at its despicable best. Capitalizing on least, dedicatedto sports figures and other AIDS- truly loathsome, isn't it? "heroes" fromourculture? Itappearsthat It's true thatwhen I first heard Johnson at somepoint,rape, murderand cannibalhad AIDS, I was a little bit relieved. That ismtook baseball's slotasthe great Amerisounds awful, I know. I won't say that I was can pastime. Where the hell was I when saddened to hear thathehad contracted HFV; all this came down? There is an inexplicable fascina"Human interest" tion with the macabre that governs this stories have taken on issue, I know. We all stop at car crashes and click on an occasional docudrama the approximate about model murders orsome such noncolor of sadism. We sense. We make out like ourinterest has something to dowith educating ourselves. don't want to hear Maybe we tell ourselves thatits ourconabout the bloodshed, cern for others thatrivets our attention to we want to see it. the television screen orthescene ofthe car wreck. ("Ifyou havea wifeor daughter, you'll want to watch this show. Learn it goes without saying thatthe announcement what goes on inside the heads of these was a tragedy. But the truthis, I was hopeful crazedkillers.") Maybe weeven orderthe thatthe newswould help people come to grips Time-Life serial killer set, payable in with reality. I thought maybe HIV would four, guilty-pleasure installments ofonly finally acquire the mainstream status it ought $19.95. to have. Perhaps, I thought, people will finally So yes, I can see wherethe interest stop treating AIDS as someone else'sproblem. isrooted. It'ssomething primal deepdown I was overly optimistic, in retrospect. in our guts that grabs our attention and What was the first question everyone holds it. It's the reason this societyallows asked? Do yourecall? "How didhe get it?" long drawn-outrape and mutilationscenes There must have been something aberrant in films; it'sthedriving-forcebehind''The abouthislifestyleforthistohavehappened. He Faces ofDeath". We sit inthe comfort of hadtobeguiltyofsomething. "Magic"jokes ourlivingroomsand watch others system- were all over the place. atically degrade the value of life, both And visions ofayoung XXX member humanandanimal. withthewords' 'Thank GodforAIDS" written Now, Eclipse Enterprises has come across herchestcome flooding back to meonce SBA Establishes Council ofPresidents 1L Class Director to Head Up New Council MandatoryS J Student S Fee S ■ ■ again. Someprobablythinkl'mtooquick tocondemnEclipse'sactions. "Don'tbuy them," some will say. I don't say that Eclipse shouldbeforbidden to makesuch things. I merely wantto suggest thatsuch things are signs, symptomsofacultureon the brink. It's one thing to advocate free speech, to believe in tolerance; it's quite another to sitidley by and watch others feed, parasite-style, on the misery ofothers. Yes, Eclipse has the right to create such a product; but I hope they catch hell fork. And I think I'll justkeep my buckfifty,thanks. The media is asking how you grab America's rather limited attention this week. Do somethingshocking. "Human interest stories have taken on the approximatecolorofsadism. Wedon'twant tohearabout the bloodshed, wewantto see it. I, for one, do not expect children to stop blowing each otheraway on school buses untilcommon sense finallykicks in and forcespeople toconsider the possible effectsthat 12 hoursof"Top Cops" might have on their offspring. I also think that turning the pain o fHIV contraction into a trendy status suitable for publication on trading cards is really kind ofdangerous. AIDS needs to benormalized inthe sense that people should be made aware that theyare at risk no matter how ostensibly "normal" (andI use thisword in an very qualifiedmanner) their sexual and social habitsare. However, toequate the disease with the various other dimensions ofcelebrity status is not normalizing, it's counter-productive. It makes AIDS an anomaly, an oddityreserved for themembers ofaconcededly bizarre Hollywoodesque subculture. How do these cards compare to sports cards, I wonder? Doesthe holder's investment appreciate with the deathofa featured individual? Whatfactors make acardmorevaluable-degreeofsuffering? What? These are not pleasant aspects to consider; but the promulgation o fa such a productbegs these questions. I'mjustnot sure I'mready for the answers. I Referendumj Voting i S February ! ■ ! ; 23-24 Vote to J ■ keep i student j J activities J possible * ■ ■ J [atUßLawj i SeeSBA i Bulletin | J Board for ■ ■ ■ more S details. | I But don't i forgetto 5 VOTE! j ■ ■ i TO CLASSKENNEDY REASONS FOR NOTGOING BILL "ThecouncilofPresidents should dramaticallyimprovecooperationamong student groups,the SBA and the faculty, andllook forward to organizingandchairing theCouncil,'' stated Paul Beyer, First YearClass Director,afterbeing appointed Chairpersonofthe newly-created CouncilofPresidents atthe February Bth meeting ofthe SBA. The Council ofPresidents, established by the SBA at its January 25th meeting, will becomposed ofonerepresentative from each student organization and the Chairperson. The Council will help coordinate student group activities and facilitate regular communication among the groups andthe SBA. ' 'TheCouncilwill enable groupsto join togetherin activitiesofmutual interest, avoid repetition of services and activitiesand interactwith faculty and the SBAonvariousissues,"saidßeyer. "The concept is based on similar coalitions organized successfully on the community level throughout the state and it will be equally effective in encouraging cooperation and communication among the student body." February 15,1993 The Opinion 5 �RoamingTP he hotographer , byPaulßoalsvig, Photography Editor This week's question: Do you think Clinton is headed in the right direction as far as his economic plan is concerned? Bruce Reinoso, 2L: Ross Fogg, IL: Denis Bastible, 2L: activist president stillhas to contend withthe system as a whole. I'm sure he'll do his best. But will it do any good? We'll see." fully some common goodwillemerge fromall this. But go ask JoeBelluck.'' them. Everyonewillhavetotry tosupporthim to accomplish these changes.'' CatherineT. Wettlaufer, ofSaperston & Day, P.C., themorning programis geared to general practitioners and other non-bankruptcy lawyers "so they can avoid pitfalls and not be blind-sidedby whatthey don'tknow." Corporateattorney Gerald S. Lippes, oi Lippes, Silverstein, Mathiasand Wexler, will bethe moderator. Hewill posequestions to six bankruptcy experts and a judge.They willthen explore how a client's current or potential bankruptcy may impingeonhisorhermatrimonial, negligence, environmental, realproperty and businessproblems. Inaddition to Lippes, speakers include: ArthurJ. Bronson, ofPhillips,Lytle, Hitchcock, Blame & Huber; MargaretLillis Snajczuk, of Saperston & Day, P.C.; Garry M. Graber, of Hodgson, Russ, Andrews,Woods & Goodyear; program possible. Ron Olson, 2L: president can "Everyone will have to make sacrifices, for "I think he's on the right track. He's gotto " It'stoo early to tell, butas long he taxes ' 'I don't think any individual makethe harddecisions andfollow throughon singlehandedly change the system. The most example less beerand fewercigarettes. Hopethe daylights out oftherich, I'll be happy." Mugel continuedfrompage 1 Swartaid Augspurger,predecessorofJaeckle, Fleischmann & Mugel. "He is widely respected for his great intellect and expertise in the areas of estate and gift taxation; estates amd trusts; future interests; and estate planning," says Mark Farrell, president ofthe Law Alumni Association. ' 'Over a span of45-years, he hasbeen a brilliantteacherformorethan9s percentofour living alumni/ae." According to Convocation chair PHI ALPHA DELTA Initiation Sweeps Weeks February 15-26 Visit the P. A.D. Information Table February 16-18 Ist Floor O'Brian Hall Find out what PAD is all about. PAD GENERAL MEETING For Interested Initiates February 23,1993 Meet PAD Alumni EricDoherty& Niagara Falls DA Ronald Winter Find out about PAD International, the services itprovides and what PAD can do for you after graduation. PARTY WITH PAD PAD-SBA Seventh Week Stretch at Cheers (1459 Hertel Aye.) Thursday, February 25,1993 9:oopm-until Beer, Wings, Pizza $4.00 perperson until midnight PAD initiation will be held during the First week of March 6 The Opinion February 15,1993 WilliamF. Savino,ofDamon&Morey; Jeffrey M. Freedman, ofJeffrey M. Frredman Attorneys at Law; and Hon. Beryl E. McGuire, of U.S. Bankruptcy Court, Western District of New York. Anextendedquestionandanswer period will follow. TheUß Law SchoolandUBLaw Alumni Association gratefully acknowledge the generosity ofFleet Bank who helped make this THE Thefeefornon-studentsiss3sfor 1992-93 members ofthe Law Alumni Association whohavepaid theirannual duesand $45 forall others.The fee includesprogram, Continental breakfastand lunch. Firm tables for eightare available fors32o. Please make checks payable to the UB Law Alumni Associationand mailto: UBLaw SchoolAlumniOffice,32oJohnLordO'Brian Hall, Amherst Campus, Buffalo, NY 14260. Questions? Call IleneFleischmann, executive director of the Law Alumni Association, at 636-2107. LAW SCHOOL ADMISSIONSD&\ DECISON-MAKP G ROCESS �The Docket sdfsdfsdf Professor Blum discusses his suit. Wednesday, February 17,4:00-5:30pm Where: Cooke Hall(adjacent to Hochstetter),Rm 121. Why: Lawsuit is heating up and Blum plans to discuss new developments as well asto play the tape which substantiates his charge that a member ofthe faculty has perjured himself. What: What: Baldy Center ShortCourse on HumanRights When: February 15,17,19;3:30-s:3opm When: Where: Baldy Hall 706 and 545, AmherstCampus Low: Presentations given by Chandra Muzaffarand L. Mangan Presentation- Non Traditional Careers for Lawyers, Part 2. Featuring speakers from NY State Division ofHumanRights, SUNY Buffalo Student Affairs, and National Fuel Gas. When: Tuesday, February 16,1993,5-6pm Where: Room 108JohnLordO'BrianHall Time: 5-6PM What: Oral arguments on ProfessorBlum's motion for Preliminary Injunction. Friday, February 19,3:30pm Where: Federal Court, Judge Skretney' s Courtroom, downtown Buffalo, 65 CourtStreet. Why: Great experience for Ist years to watchBlum fight in federal courts and hear the unfiltered arguments onboth sides ofthis tenure dispute. What: When: What: The Impactof the North-American FreeTrade Agreement (NAFTA) onWesternNew YorkJobs Who: James Duncan, Director, UnitedAuto Workers(UAW) /New York State Community Action Program Council When: Tuesday, February 16that2:oo p.m.Presented by theLabor and Employment Law Association Where: TBA (probably theFaculty Lounge Room #524) Time: 2:OOPM What: When: Where: Why: What: What: When: Where: Why: , Seminar on' 'ANIMALSAND PEOPLE: MoralityandPolitics ' by Law Professors Alan Freeman and Betty Mensch. When: Wednesday, February 17,3:30pm Where: StudentLounge-RoomlosO'BrianHall. Why: Intellectual stimulation outside the classroom withtwo professors whorecently published an article on the topic entitled Scratching theBelly oftheBeast.'' Pickup copies ofthearticle fromLois in Room 419 before the seminar. forFeminist Studies presents Reverse Shot: A Colloqium on Films byWorn en. Keynote Addressby Trinh T.Minh-ha Februaiy27,9:oopm Diefendorf 148, Main Street Campus Registration fee: Faculty, $15; Students, $ 10(prepaid). $3 pershowing. criminatoiy comments, epithets or otherexpressi vebehaviordirected at "The Hour of the Star ,, ,, "Daughter of the Dust February 26,7:30pm Baird Auditorium, Amherst Campus ,, "Virgin Machine February 2 7,1 :00 pm Diefendorf 148,Main Street Campus "Marianne and Juliane" February 2 7,3 :00pm Diefendorf 148,Main Street Campus ,, "Shoot the Contents February 2 7,7 :00pm Diefendorf 148,Main Street C-ampus The Federalist Society announcesacallforpaperswithachance to win money. The topic? To critically discuss the following rule in termsofboth its Constitutionalityand it's impact on the goals ofeducation: dentsof discriminatory harrassment, amended its student conduct code. The new nile provides that "The university may discipline a student in non-academic matters in the following situations...2(a) Forracist ordis- February 25,7:30 pm Clemens 120,Amherst Campus February26,l2noon Baird Auditorium, Amherst Campus Call for Papers! The University of Wisconsin, responding to an increase in the inci- "India Song" Roomlo6,O'BrianHall MajorchangesintheSummerlnternshipprogram affecting all interested students will bediscussed. FREE BOOK forallUßlaw students: UBLaw School: lOOyears 1887-1987 NOW! Pickupyourreservedcopyatthe3rdfloorbookstore. The alumni feel generous and the law school needs any good press itcan get. The Graduate Group BPILP SummerInternships, Mandatory Meeting Wednesday, February 17,4:00pm an individual or on separate occasions at differentindividuals, or for physical conduct, if such comments, epithets orotherexpressi ye behavior orphysical conduct intentionally: (1) Demean the race, sex, religion, color, creed, disability, sexual orientation, national origin, ancestry orage ofthe individual orindividuals and (2) Create an intimidating, hostile or demeaning work environmentfor education, university-related work or What: When: Where: Why: Paid positions withtheLaw School Phonathon StartDat-February 23rd, 6:00 pm , Contact Alumni Office, 3 180 Brian Hall HelptheLawSchoolwhileearningSSS. Paid positions withthe phonathon available on Tuesdayevenings (other evenings ifTuesdaysareaproblem). What: When: Where: Why: Researching InternationalLaw Wednesday, February 16,3:30pm Koren Center, RoomA, sthFloorLawlibrary International Law Society presentation. What: ' 'The Women's RightAgenda in the Clinton Years'' When: Tuesday, February 16,12noon Where: Faculty Lounge (sth floor, O'Brian Hall) Why: Isabelle KatzPinzler, Esq.,Director ACLU Women's Rights Projectspeaking. LEXIS &WESTLAW TRAINING at the TemporaryLearning Center(TLC) Law Library, sthFloor, Room 5-3B Ten Westlawand ten Lexis/Nexis computers willbeavailablefor training sessions and student usefrom March 1st 28th. - IMPORTANT DATES - Password and software distribution 10am -3 pm outside law library March Ist through sth 1LTraining by law librarians MarchBththrough 19thRefreshertraining bylaw librarians March22nd,24th,2sthSummerAssociate training (IL.2L)by Westlaw Attorneys: 11 am, 1 prn,2:3opm/Fastracktraining byLexis attorneys: 3 pm 6 pm March 23rdSummerAssociate training: 11 am, Ipm Fastrack 3pm March23rdJudicial Clerkship training (IL, 2L) by Westlaw Attomeys2:3opm All firstyearstudents are encouraged to sign upforthese computer research training sessionswith theirresearch andwritinginstructors as wellas pickup software which will be distributedoutside the library on March 1stand 2nd. March Istand 2nd - otheruniversity-authorized activity.'' Papers will be judged on the quality of their content, not on the conclusionreached. The amount of the prize will be determined by the numberofpeople who submitpapers. Ifthere are 1-2 entries,the winnerwill receivesso.Oo;3-4 entries,thewinner willreceive $75.00; 5 ormore entries, the winner will receive $ 100.00. Copies of the rule can be obtained on request from Box 785. Submitallentries to Box 785 by April 1,1993. Thereisatenpagemaximum and it must be double spaced. Free Bar Review Lectures The three majorbarre viewsponsors,Bar/Bri, Marino,and Pieperhave agreed to provide substantivebarreviewlectures similar to the ones usedin theregular fulllength course, with the bonus that die majority ofthis program will feature live lectures, not tapes. These program will be from four to six hoursand will occur on six Saturdays duringthe firsthalfofthe spring semester. The schedule isas follows: SUBJECT Domestic Relations Contracts Real Property DATE February 20,1993 February 2 7,1993 March6,l993 February 15,1993 SPONSOR Marino Pieper Marino The Opinion Page 7 �BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE FRIDAY, FEBRUARY 12 OFFICIAL FILING DEADLINE FOR MARCH 12th MPRE SUNDAY, FEBRUARY 28 Lecture: Room: Time: Tuition: MPRE (VIDEOTAPE LECTURE) Presented by Stanley D. Chess 106 10AM-2PM Free for BAR/BRI enrollees ($75 payment required TUESDAY, MARCH 16 NOTE: - fully credited toward tuition) 1) 1993 BOOK DISTRIBUTION BEGEMS (Additional distribution days to be announced) 2) CLASS OF '93 ENDS - $150 N.Y. DISCOUNT April 14) ($75 discount until CLASS OF '94 $150 N.Y. DISCOUNT CONTINUES UNTIL APRIL 14; CLASS OF '95 & '96 $200 N.Y. DISCOUNT CONTINUES UNTIL APRIL 14 WEDNESDAY, APRIL 14 - - LAST CHANCE TO: 1) SECURE A DISCOUNTED TUITION 2) PICK-UP BOOKS WEDNESDAY, MAY 19 NEW YORK COURSE BEGINS AT LIVE LOCATION TUESDAY, MAY 25 NEW YORK COURSE BEGINS AT TAPE LOCATIONS SATURDAY, MAY 29 filing deadline for july 1993 NEW YORK BAR EXAM BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-02-15 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/943d4fbd748d3076ba8b0606836c682b.pdf 399dbef1f9e07eb24e98d7736b4b0c7e PDF Text Text O THE PINION olume 33, No. 11 STATEUNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW February 10,1993 I Just Wanted You To Know Ode to the Lonely on Valentine's Day© by Saultan H. Baptiste, it was cold on To the one that is separatedfrom a love by distance, Andallmemory oftogetherness/ails to span the miles withinyourheart. ManagingEditor^ patience to make ascarf. Monday morning as I headed offto school, so I grabbed a scarf andraced outthe door. As I wrapped the woolen scarfaround my neck, I noticedthe warmthbegin to grow To the one who has lost a love to the shadow oflife, tits Andthevault ofyour mindfeels barren bythepain thatsuch loveis never to be sharedagain. thickness. Thebrisk mornair ing greetedme and I wasn't looking forward to another haggard weekof'rush to dothis'" and' 'rush to do that." Butunexpectedlythewindflared up andmy scarf, havingbecome unraveled, flew frommy neckand headed for a large puddle which had formed during last night's rain. I quickly stretched out my arm, unfurled my palm, and snatchedthe scarf- barelyavoiding a clearly destined To the one who has yet tofind true love, Andhassearchedthe depthsof time, but has not embracedthe words "ILove You." To the one who has loved, Andhas recently felt the wounds of love lost. mess. Et as I held my red scarf, I noticed the intricate fthe wool andthe quality ofthe fabric. Time notionless and imagesofchildren playing in the fall leaves and the sounds ofswings echoed in my mind. I recalled an elderly woman who often sat in the park She always carriedabig ball ofyarnand when asked, sh i say she was knitting a scarf for her youn To the one who is bound to another, Andyet there is no love. f" Stay strongfor the love you possess is within andis worthy of Iremember for weeics and weeks shewouldbrin the same yarn and I would watch her artfulness with celebration. Why notjustbuy one? Today, I know she did it for love. Then I looked at the scarfyou made for me. I have always appreciated it but, for some reason, every weave, perfect or imperfect, had a richness of love. I thought it rather strange,at first, io think that my girlfriend would knit a scarf, butnowI understand that you wanted passion in your to feel thelabor of handsandthe your me heart with each weave. I wore it during the coldest mornings and no matterthe temperature on my way to school, yourscarf always kept me the warmest. But during the summer months, it was hidden in my closetunderunused coats and sweaters and I really didn't notice it again until that day. just wanted you to know tnat 1 will always eciate every stitch oflove you have woven into my You have made my lifericher and my heart fuller. And no matterhow long I live, I shall keep thatredwool scarf. Nomatterhowworn ordiscoloreditmay become over the nextfew decadeswhich I hope my life shall last, I will always wear it because it will always keep me warm with thelove thatyou have for me. No one will everreplaceyou. I just wanted you toknow. " »I those long blueneedlesand her fingers whirling around a solitary strand ofthread. At the age of twelve, I al- / ways wonderedwhy ittook so long and how she had the by TracyDale Sammarco, Features Editor Stay strongforyou are love. — Saultan Lawyers in Love: NOT! An Undefineable Word byNatalie A. Lesh With Valentine's Day closing in, the word "love" willlikely be bantered , about with 'love" is easy thecontextofthis"boliday,"themeaningoftheword heightened frequency. In to ofexpressinganinfinite to define. Yet, whenitcomesright down it,this singlewordis capable numberofdifferent feelings. Consequently, whenthewordisused, itis not uncommon to find that miscommunication has occurred withrespect to what meaningwas intended. Margaret Atwood has suggested that our language is ill-equipped to deal with the expressionofthemyriad types oflove. Shehaswritten: "TheEskimoshavefifty-eightwords for snow, because itis important to them. There should be at least that many for 10ve...'* The following sentences serve to illustrate the point: I love you. (1) (parent to child) love (2) you. (friend to friend) I (lover to lover) I love you. (3) love pizza. I (4) I love people. (5) Atfirstglance, itwould seemthat"love" means thesamething ineach ofthese sentences. But thatwould mean that the love a parent feels for a child isthe samelove a friend feels for another friend, lovers feel foreach other,a person feelsabout aninanimate object, and a person feels about a general group ofpeople. Certainly this is not the case. The love between a parent and a child, and to a lesser extent the love between family members, can be described as a feeling ofwarm personal attacliment or deepaffection based uponkinship or familial ties. The love between friends can similarly be described as a strong affection, butonebased uponadmiration, benevolence, orcommon and shared interests. The lovebetween two lovers encompasses all oftheabovefeelings, but additionally includeswhat may be described as a prof< rnndly tenderand passionateaflection based upon physicalattraction and sexual desire. The love insentences (4)and(5) doesnot reach (helevel oflove in thefirstthree sentences: Word, continuedonpage 4 .. I suppose lawyers and law students can be in love, but certainly not two or more in the context of just onerelationship. This isa dangerous thing. (Ifyou 'II justimagine somethingakin to two pit bulls mating Ithink you 'Uget mypoint) Howmany ofyou haveNOTdateda lawyer orafellow lawstudent? Raiseyour handsplease. Those twopeople deserve to graduateearly, cause they're way ahead ofthe rest ofus. Why not date a law student or lawyer? Consider these drawbacks: 1. Lawyers like tocall in expertwitnesses. Generally speaking, thesewitnessestend my motherand sistersabout thatlittle stunt you pulled Friday night and they think you're adog.") 2. Lawyers analyze, scrutinize and read into every little thing their partners do. ("Why are you looking at melike that? Why are you looking at me like that?") 3. Lawyers employ "THE VOICE" to strike terror into the hearts oftheir partner/ defendants. ("WHERE WERE YOU AT APPROXIMATELY FOUR A.M. SUNDAYMORNING,MS. SMITH?") 4. Lawyers badger their witnesses. ("Ohyeah,youclown? Well two minutesreally ISN'T enough forme; I LIED!") 5. Lawyersknowaboutpre-uuptualagreements. 6. Lawyers wear suits,which might make sex in the hatch ofyour2BoZmuch more difficult. 7. Lawyers won'tjustlety on keep theirjunkwhenyou break up. You' U have to give back the toaster and words like "replevin" will foreverecho in yourears. 8. You'lllook back on allthose late nights that (s)he spent''at the officeand know the true meaning of*'attorney-client privelege.'' 9. DISCOVERY. You'llfindyourselfforkingoverallthoseold love letters from that guy/girlyoudatedyour first yearofcollege. Youknow, theoneswiththereferences to your silky, white thighs? Remember: Whatever (s)he says, there's no special section in the FRCP compelling discovery of suchthings. 10. LawyersintrixlucetlieadversarysystemintotliebednHMn. ("Objection! Opposing counsel always gels to be on top.") to be hostile. ("I asked �Love Blurbs! ell OPINION Volume 33 No. 11 February 10, 1993 Editor-in-Chief: Vito A. Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Tracy Dale Sammarco Layout Editor: GarySimpson Photography Editor: Paulßoalsvig Art Director: Bill Kennedy StaffWriters: W.F. Trezevant, Natalie Lesh Contributors: Marjory Avant - Editorial The Love Blurbs throughout this issue say it all. HappyValentine's Day! Copyright 1993. The Opinion. SBA. Anyreproduction ofmaterialsherein is strictly prohibited without the express consentof theEditors. The Opinion is published every two weeks during theFall and Spring semesters. It is the student newspaper of the State University ofNew York at Buffalo School of Law. The views expressed in this paper are not necessarily those of theEditors or Staff ofThe Opinion. The Opinion is a non-profit organization, third class postage entered at Buffalo, NY. Editorial policy ofThe Opinion is determined by the Editors. The Opinion is funded by the SBA from Student Law Fees. The Opinion welcomes letters to theeditorbut reserves the right to edit forlength and libelous content Letters longer than three typed double spaced pages will be edited for length. Please do not put anything you wishprinted under our office door. Submissions canbe sentvia Campus or United States Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, New York 14260 (716) 645-2146 or placed in law school mailboxes 223 or 611. Deadlines for the semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. A poem forChris M: Fisherman, Fisherman; How many dames on your line; Can't seem to catch one; So all you do is whine IRV, We'dlove to have youanchor our drinking team any time. The Outsiders Check 'em out, check 'emout, check 'em out, check 'em out Rule the beat, we're gonnarock the house - The diabolical Hey Vito- Slap, Slap, Slap!! - Number 5 Reason whyLouis Higgins is so great: He makes the rest ofus look sane (not to mention reserved! ) JoeK. Be my sweet daddy. Love, George. To all the Girls I loved when my old lady was away. Love, M. Meyers On this special ' '••* £0? day I only want Shitaki mushroomsand liver! - Number 4- He'sreally sick ofthe word "primacy." -Tempted by the fruitofanother, that'smy theme song. ..SL -Well I guess that's an o.k. theme song, if you gotta have a theme song!!!... TG OhE-Ball,Iloveyouso! -CVG Love -Habib Here's to old shoes, Natalie you're a perfect size 10 (big feet get it) + that's my size Love, Eric 2 GiWe o«<A CarolineEl Gringo 61 Love, Da Boys - ir al cine' este Sabado? B.K. Three years hereand the Q Train is coming to a stop and you're still going to class and doing homework??? Da boy s want to know, what's up witdat?' '; .�-•. * '"The Don"- What are you doing next Halloween? -800 Know Who! ' - From all the goodlooking law school women,viamyself, to you: What? Are you selling something? Hey Louis- How do youbecome a member ofthe "He-Man Woman Haters Club" ? - D.B.- This one was for free, so whynot? I loveyou. -Forever Box 806-1 love you. Happy Valentine's Day. -BoxBos JeffM- How about thepants next time; don'tthinkthe back ofthe classroom has seen enough to make an accurate assessment yet. Sharon-Do youremember the time youwere sleeping in the library? You were snoring. JP - Leshan- What is it you do in there all day? Can we join you? -TheYoots 7? A February 10,1993 - , Number Not "gettin any" doesn'tmake him stop talking to you. Remla- Don't ever cut your hair or I will lose all my strength.- S. Soap for sale. -BG JH-The library is for studying, not boinking. Wanted-SWFnon-LS. JuneCleaveroulof bed, Sharon Stone in. For two week relationship. Andrew Sabol you are luscious! goodguy! Huggs,kisses, warm fizzie s and goodwishes to all instructors whosegrades are posted. DearJen-1love torun my pawsthrough your hairand lick you salty skin. You'repurrfeet for me-Bemine! Jasper Mo'! Mo'! GimmeMoM Oh,lneedMo' Moe! Studmuffin- Does this mean I missed my chance? -Youknow who Spanky - AndFinally, Number 1 He'saBarr,Barry I may not be a lawyer yet.. But I can still getyouoflfl To Hillary- How doyou feel about edible underwear?-W.J. Blazer, whatbig eyes you have Blazer, what a big mouth you have Blazer,whoare youkidding weknow what you'rereally hiding. F.D.-You hot Latin Lover! Let's Salsa! Your Secret Admirer - To the brown haired, tall,thin law student on the thirdfloor. I fyou are looking at me too, please say "Hi". -Blond, curly haired undergrad. D.S. your everlasting support, friendship and love has made this the best 3 years! Love,L.W. Barbara-Sorry I missed your party. Perhaps wecan do lunch some time.-Friend ofBitsy ButlerMe Baby! The Opinion - Toall 3rd years- Whatdo you guys do at night and on weekends? L-1 love you! I always will! -L Paul Z-1 love you ill I 1 Girth: You left before I couldspank you, younaughtygirl. I'llgetyouyetthough! Luv, Helmet Number Son pain,c'estbon pour Nicole! (Right, Hubbs?) To Liver: Love and Kisses BO Pop! Besamemucho! Love, U know who I Eric H- Please call me. -Love, Mindy - -.! -YourPrince - YourFurry Mongolian Love Puppet I love you girdle JohnKelly- You've mademe hotfrom day one, Please won'tyou bemine! Loveand Kisses, B.L. APPLAUSE! - XT -1 wuvyou E-Small Excuse me, butisthata girdle you're wearing?- Just asking. - Selena- What was the name ofthat shamTo all those with significant others: Those whoare faithful know only the trivial side of poo?-8.8. love: it is the faithless whoknow love's MM- Beautiful Iris lassie I'll always love tragedies. O.W. you fromafar. Youmake my Gaelic heart gopitterpat.-FERGUS Dave Chien- You are truly amazing -1 will alwaysloveyou! -Buttons Charlie- Have I gota surpriseforyou. -Love, CB- Younevercall anymore. -You Know D.I. Who Dill- Is thata pack ofCerts, orare you just Wanted: A comb and curlers for those in glad to seeme? -FERGUS need Starting w/Me! -Keep it light & Be Karl- Congrats,how aboutdoing something easy!M this weekend? CG-Hypothetically speaking, what ifhe Chico- We'llmiss U. -ISA was stillan undergrad BUT he was 46, not 16.-Curious Lisa Schwartz: I love you! I'll shout itfrom the mountain, I'll yell it from the valley, I'll Dear Scott & Scott Heardyou guys wentat it?! Need a tell it to all the gossip queens and kings. I'll even print it in thelaw school newspaper. third? Let everyoneknow that I love and cherish U.B.ChapofNAMBLA Lisa Schwartz, and I am very proud that you YODA -1WILL ALWAYS LOVE YOU. are my girlfriend. I love you!!! Dan Harris -MOONMANTo " Daisy - How long to keep my hand on ~\ To the winnerofthe whereyou keep your mail - always! From MostBeautiful Woman at ÜBLaw Contest: your " Heavy Breather on thePhone. *' Please call me. I would like to see you P.L.-Don'trunaway!-M.G. again - but next timelet me bring the toys. To my favorite cook-Thank you fora wonderful time. Don't forget to take out the garbage... thatyou'reone ofthe good ones... and me. Especially me. Loveya,Nifer Hubba-Dude, Being married to youislike heaven on earth! Iloveyou! Yoursnufflewife-a-gus Adeline- Youhave donemoreforourlaw school thanall the education in the world!!! Proscatinating Profs- We'reburning, butnot with passion. Ourangererupts! The longer we wait the hotter we get. Give us our gradesbeforeweblow! - Burning up in O'Brian. - Flipper Life is a dream. Since we met, everyhour with you feels like a second; every hour withoutfeels like an eternity. I hope I never wake up. I loveyou more than youcan imagine. -Hat Happy Valentine's Day. Mega - Hunter llubba-Dude! Luv.Me - �Who will be mySaturday love? Marianne G.- Timing is the essence ofall problems Don'tyou think? - Thelady- AlrightMon-Amie Who knows what tomorrow brings? But fornow,letour love remain forever. Love always & forever Smile - Squeeze me- Do you prefer salted or simply sweet? -Butter Biiiky- Any woman who drinks morediet coke than me is the woman I want for a wife. - Squid The making oflife intoa majestic wonderful pagentry isthe workoflove. In your hands lay thekey. Won'tyoujoin me in openingthis treasure. -Chief Shirley S.-Whenare you going to wear that tight black dress again? Nostalgic Janusz-When will we share precious moments? Elena A.R.-It'sgoingtobeo.k. J.P.-There is no such thing as a good influence. Because to influence a person is to give him one's own soul. He does not think hisnatural thoughts, or burn with his natural passions. His virtues are not real to him. His sins, if there are such things as sins,are borrowed. -O.W. Rob S- What's your next excuse? Just Do it! Post those grades. -O.L. ToBillT: "You are such a turn on!" S.A.-1 think I love you! Then what am Iso afraid of? I'm afraid lam not sure oflove there is no cure for. The Hillel Girl Steve B.- With red hair in Tax II: I think you're so hot. From the guy in the back row. P.S. meet me in the library. Sheila-1 loveyou always & forever withall my heart-IHEI-V.G. Eric DLV Section 3- Sorry I'm sucha weirdo. Happy Valentine's Day. S. #3-Thanks for being there. Foreveryour TOPIOREASONSFORNOTSENDING VALENTINES IN LAW SCHOOL: 1) Thestudmuffin is already taken. 2)1 want to marry a doctor. 3) Can' tput them inluidergrad boxes. 4) It's easier to justply them withbeer. s)Didn'tknowhow-noß&Wduring first semester. 6) Mightbe prohibited by faculty statement. 7)That'show Clarence Thomas started. 8) To whom? 9) Headnotesare as closeas wecome to fooling around. 10)WestPublishing doesn'tdo cards. HappyValentine's Day Bridget- Haven'tseenyoumuchthis semester! Lighten up! Your other secret Binky-Justsoyouknow... eventhough you'll admirer never feel that way about me... I'll always 3rdyear Asian Law Student- looking for thinkthat you're the most special person I incorrect female law student for politically love. D.Q. long Valentine's dayride in my BMW To D.J. The check is in the mail and I love Master Scan- Visions ofdripping hotwax you too. TheBank obsess our daytimethoughts and nighttime fantasies. Witches ofEastwick Matthew- why don'tyoureturn my phone calls? J.C. I'd like to have a pretty girl to be my or a goodjobcome May, but this Valentine Mickey D.- you think I have not noticed you, law school provides neither... Whatcan I but you are mistaken. Don't beafraid to say say'?! • gfc hi. Amorous Asian - - TDS-Iloveyou.-CPR Sue Z- Yourbeautymakes me blush. Thanks for being my friend. M. Karl "the Fed" Query- why didyou wed? I do dread that I can't have you alone in my bed. Hey Button- Yourdarkbrown Latin eyes ignite my soul Y. - The graduation assassin ismy cutie pie,and your... I honor him on Valentine's Day withthe dollar bills in his mouth at the Canadian ballet. Love, the Chenster Lil Sfinkter you are, in your west german car, I love to watchyou from afar!! hugs and kisses... Fromyour Sugar Daddy Pebbles-1 love being your cave man. Let's get primal! Love, Barn-Barn. - Tracy S-1 hopeyou're notcensoring these love Blurbs too heavily. BobG. Hey! I want toride your fence sterstock. Bob- What's to censor???? We've seen worsefromyouonyourmostPCdays. -T Pablo- Tell me you have another fantasy...and this time I'll keep my boots on. To all those with teeny weeny sub-pee-nees in Debtor/Creditor- isn't it nice to know professors have deficienciesalso? MN- You're so special to me, youmake me wantto eatmeat again. -M Guess Who? C- Go get a wholelotta ice and I' 11 show you a nifty trick. -T - -- If you can't find a Valentine at ÜB, you'll never find one atU or C. Why? Because of little S-0 Dear Mr.' 'Kalahari Beige Quantum Your radio sounds great! Call me ifyou wantto listen to it Fatally Attracted T - Charmagne- you' re the bestdamnemploy cc in thislaw school. Be my Valentine!! N \^J TOP 10REASONS FOR SENDING VALENTINES IN LAWSCHOOL: 10) The Dudes 9) Beats sending Valentines in prison. 8) Students withromance intheirhearts get"H"s. 7) Better chance for sex with Valentines thanwithout. 6) That's how Clarence Thomas got started. Vito, Saultan, Michael,Kevin, Gary, Paul and Bill: Justcurious-when is the 1993 MenO (The Opinion Calendar finally going to come out and which one ofyou is Mr. February? -T. Loveand gratitude to Prof. Filvaroffwho posted his grades promptly and a big raspberry to Berger, Steinfeld and Swartzwhoshouldhaveand didn't. From Section 3. 5) TheBabes. 4) Creating good feelings makes net- working easier. 3) Keeps the OPINION staffbusy. 2) Readingotherpeople'sValentinesis obscenely fun. 1) They appeal to the prurient interest. Moe- Will you be my mud wrestling partner on Valentines Day? Love- All the girls Colleen- Single WhiteFemale wasn't justa movie for me. Beware! -Stephanie HappyValentine's Day Karen- Schussing isnice, but what are we going to do when the weather gets better? P. Srikant, I know you'rea thirdyear. I know they call you Chico. I'd like to know more. Ist yearadmirer. Charlie, my big fortune cookie. You can open me up anytime. Secretaadmirer. J.K.- The only way to getrid ofa temptation is to yield to it. -O.W. Katie-Buffalo's loss. Rochester's gain. - Christina, I can gofor hours unlike those law students.-Scooter ~ • Upon your exit, I'll feel the pain. The Last BarRevue member Selena- Glad to seeyou've gotten outof yourPinocchio outfit. -J.A. S.C.- When we dancedto' 'JustLike Heaven" it felt justlike heaven. P. Dearest Pita- Chico- I'm sure I speak for all thelaw schoolwomen whenl say,' 'I wantyou Mournful isthe heart which never feels what I do every time we touch. Madeline- Love Ya. Marc Kristin- We must dance again sometime soon! -TheMamboKingbad." -BT -I love you. r VALTIHCNERYS HANGIN' 1 Stu A.- yourdreamy blue eyesand quick comic witmake my toes tingle. R. J. J.A.- Hotunicorn nights,lover's fights, moments ofpassion, bodies a mashiu'. K.S. Secretive Stu- When thebeer starts to flow your lust it doesgrow Notas faras weknow S.B.- Nothing makes me hotter than a man withhis very own fax machine. Young men wantto befaithful and are not, old men wantto be faithless and cannot. O.W. Hey Doodles-1 loveyou! Happy Valentine's Day. LoveChama Chandy, Chandy. Sweetas candy. Chiqui Baby- You always smell so delicious I'dliketo...sitnexttoyou... forever. Love a believer in Aromatherapy Saucy- Oh-Can-Doo: Will yoube my Valentine? —Zorro February 10,1993 The Opinion 3 �Bob- Youchampion fly swatter, I wishyou used yourenergy on something elsethat night-CG Long Schlong J.-Howdidyougetthat nickname? -SS Stu- I'm not Kosher, but you can eatme anytime. -SB Scooter- You're so sexy whenyou talkabout politics. -Christina Jamal-1think you're hot. -The womanwho smiles at you in the halls ofO'Brian. Stephanie-Thank godyoucolored yourhair red. It was getting scary for a while. Colleen - Chico- Will you be my sex slave? All you have to lose is your virginity. -BT Shirley-One word: svelte! Now quitthis whineand dietroutine and start going out Lisa- May I have a tissue please? -Steve Sue S.- Yourhair, your smile,forthose I lust I love you like an H, or at least aQplus. -Dave Dear 8.M.-We like, we like, we like! -The BabeConsortium - Tim S. When are you gonnacome see me again big guy? GODUKE -Love, Christian DearT.S.- Honey, yes, yes, yes, we approve. -TheBabe Consortium - Sue The weather is here I wish you were beautiful. DearO.D.- Bring thatattitude and thatbaby face to ourtemple oflove. -The Babe Consortium Christina-1 can never go intoPJ Bottoms again without shedding a tear. -Scooter I could never go into PJ Bottoms in the first place. Dawn-You're the sexiest secretary in O'Brian.-KC Charlie- Will you give up Onanism for me? LG TOP TEN REASONS TO DATE AN UNDERG RAD: 10. They think "Learned Hand" is a typeofforeplay. , 9. They rcwillingtoaddressusas"sir" or "ma'am". 8. P.J.s is fine dining. 7. They don't screamwhenyouspank them. 6. Cantrainthemwhilethey'reyoung. 5. To viewthe newest in fake I.D.s. 4. Easy to impress with our limited knowledge ofthe law. 3. No cellulite. 2. Scooter, Scooterand more Scooter. 1. Ask alaw studentwho isdating one. Happy Valentine's Day James- The search for truthbegins within our own hearts. The speed and success of Chrissie-1' 11buy youdiamonds, gold, expensive cars. I'll do anything to getyou back. -Joe DearTMD-You are fabulous! Happy Valentines Day. -AX Jeff-Let'skiss and make up. -Schlegal - Dear M.T. That love machine will not last forever. -The Babe Consortium - that search can be measured by the freedom from pomposity ofmalice that lies there. I know within my heart thatyour search would be quite expeditious. Fondly, Drew , - Mark S. We're planning on having another party real soon and we wantto know ifyou can make out, Whoops... wemean make it? -Love, Scaryanne and CVG P.S. Pleasehaveyourgirlfriendpickyouup a little later this time. Sue S. If you let me edit your article, I'll let you check my cites. -JF ROCK THROWING CONTEST4:OOp.m. Today -CONTACT- 3L JamalA. DearestCar la- I've been goingaround in circles trying to tell people how cool UR! -Loveya Chico Susie S! -Those burning glances,those yearning sighs, those milky thighs... Oh cruel temptress you invademy soul! On this day let us taste the passion that for too long we've denied... -LordKouros Drew, I'm a pretty lowkey kind ofguy,butI justwantyoutoknow thatwhereverwe wind up, we'llbetogether! -Love Always, James PCharming- Wereally must follow through withyour F AULOUS idea before the snow melts. Thank you for making me smile. CG-Real women don'tride scooters. Dozer- Paris?!? Can I pay offmyloans first? Erin- Short skirtsand a big smile. You slay and youknow it. I'll justlust from afar. Michael D- Better buy Stu that pitcher cuz itain'thappening. Joey-ThanksforbeingoneoftheGood Guys,for givingme my spot, and for everythingyouputupwithinbetween! -S. Unknown contortionist- I've heardyou can put bothlegs behind yourhead. I'd love to seeyour next performance. I'll bewatching you. -Love, YourUnknown Admirer Jamal- I wouldleave Michael Stipe 4U anytime. -Natalie Merchant Leshan- We need to takea trip to the Orient -Madam Wu Tai Babalonia- Let's just forget this whole skating ideaand hit the showers. -Randy Gardner TOP TEN REASONS WINTER BUFFALO IS GOOD: IN 10. Body heatinstead ofartificial heal. 9. Bundled up, all womenlook big. 8. Can watch theBills preparefor another Superbowl loss. 7. Scooter, Scooter, andmoreScooter. 6. Pro-lifters stay inside. 5. Charlie covers his head. 4. Gloveshidemarksleftbytighthandcuffs. 3. Allowed to keepyour socks on duringsex. 2. Alan covers his legs. 1 Edible flannel underwear. . HappyValentine's Day with respect to the love for a thing, it may be characterized as a strong predilection or liking, and with respect to the love for a general category ofpeople,as an affectionate concern for the well-being of those in that category. Itmay be that all ofthis is just splitting hairs—that the different meanings ofthe word , '' love ' are not so exclusive and distinct as to besigni(leant Thatis, when s<imeone usesthe word "love" to express how they feel about someone or something, that person can be assured ofthe fact that her general meaning 4 nately, however, the practical reality of the situation is that it is an extremely difficult process to change the usage ofa wordand to commence the usage of a new word. This process is only further complicated by the ex istence ofw< >rds which frequently are used The Opinion February 10,1993 Illion N. Y. 3Lmale withjoblooking for arrangned marriage or mailorder bridge; will consider law school siblings. Leave info in library bathroom 3rd floor. Dan Marcus- Youmake ourhearts go BOOM, BOOM, BOOMand ourfeetgo CHA, CHA.CHA.- yourapplauding fans Tim andWendy- HEY, GET A ROOM! Preferably not one in the library, -the Clique My dearYoung Man, warmme gently with your kisses... Fill my dreams withyour tender touch... Take my love and hold it closely toyour warm embracing heart... Your YoungLady Shirley- Please stop teasing me, my loins areonflre!-MCP This is to my main man Kenny Parker... can't get no darker. -The Biz G.R.-IYabbaDabbaDo! -Luv.Me - Eric H. If the phone doesntring its me. Love,Mindy MadDog! MadDog! Fetch itMerlin! PaulD.-1 justwanted to thank you for keeping my musicalive. -Leadbelly CELINE-CHICETA No profile could ever cathch the real you! ButWEknow WHICH one WELIKE the MOST! Could you turn alittle bit.... Love theINmates ofGROVEL-L Playpen Marissa- Why do youkeep Artwhen you can have an Artist? C* *\ \^S CHARUELIU- TfflS SOCK'sFOR YOU!!!!" -Good luck in 1993... (from all women everywhere). Eric and Mark-1 didn't knowthat you guys were Irish. -Sharon On theother hand, though, there is nothing detrimentalabout developingamoreaccurate and explicitlanguage to describe therange , ofemotions whichthe word' 'love * presently encompasses. Any enhancementwith respect to people's ability to communicatewith one anotherwouldbeawelcomeeffort. Unfortu- - JoeBelluck WEARE WATCHING YOU -TheFBI CVG-Would you like to go out with mefor a Valentine's Day Dinner? Please, bringa friend. AndyN.- Do youhave any mayonnaise? I'm will beeffectively conveyed andunderstood. Emily, EMILY, eMiLy, HOOCHIE,coochie,COOO I want to smooch withyou; teach me HOW?! -yersteady crazy- To the manwithone sock- Your endurance is amazing. Can I test it again? -The woman with the jumpsuit. Earl- Tudod,hogynagyonszereUek? ...Words YEARBOOKCOMMITTEEis SOLICITING YourNUDE & EXOTIC Photos. Wecan put yourvideos tophotos. (Must be original)! ROCKTHROWING CONTEST 4pm Today Contact 31 Jamal A. continuedfrontpage 1 David Lask YourSUCHa man's man; that's whyI love you most. Dont Forget thenight you "converted(or perverted me) 12/8. XXOOxxxxKisses,Loveßodney Narrations are greatly accepted! Contact 3L Roy Hopkins Kevin C. withthe dandruffproblem- Hope you are enjoying the complementary bottle ofHead & Shoulders dry scalp formula. making a sandwich. -John -SweetyPie- the phoenix arise from itsashes. E.G.V.R. Pam, Stephanie and CVG- Can'twait to spend thatthousand! -Chris -Kati A 21 "Deb"all wrapped in Leather Won'tyou be my SEX pleasure?? AT & HDS, The ABA shall turn to dust and Judge- "It'sawhole new world." again. Selena- Love your jacket, Loveyourvest. Take them off, Let's see the rest. -NotBG To mylearned and leery friend- Your scanty hair piece is a de facto turn-on, but sinceyou are no wkinder, gentler,and engaged, here's a seminal piece of advice. "One must be vigilantofcertain incidents involving exchange ofbody fluids between consensual adults." Do not consider this as a panacea for your angstbut instead as liver pate' for the soul. - Tempus fugit! . Mike, you Latin 3L stud, Youmake everyone soHOT... How come theyrunaway from you?? - Womens Society for SexReform Law School & Marraige In the AGRO-Communities: -HOWTOGETPROPERHOUSING! A Seminar by KarlCzymmeck lust, like, cherish). personal definitions to govern its usage. The Itis possible thatthe problem is not the present uncertainty and confusion would be lack of an explicit language, but rather the multiplied. inability of giving any definition to the word The bottomline, however, is not how a "love at all; each individual attaches a perperson expresses the emotionoflove, butthat sonal definition and feeling to the wordevery everyperson love, for someone or sometimeitis used. In thisvein, it has been said that thing, at some point in their life. Most of the " therecan onlybe onekind oflove, but there well known quotes about love reflect this are a thousand different versions." (La belief, and therefore, in closing, I will again Rochefoucauld, 1613-1680) defer to the eloquent words ofanother:' 'The If this is the case, the creation ofmore story ofa love isnot important—what is imporwords to express the feeling involved in a tant is that one is capable oflove. Itis perhaps certain typeoflove will onlyadd to the confuthe only glimpseweare permitted ofeternity.'' sion. Insteadofclarifyingmeanings, each new (Helenllayes) word would also beassigned individual and � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-02-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/10/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7a4ea9cee3e14fdf83427055cd767654.pdf c78b3bcb6e0b55a8d2dc639ca463e98b PDF Text Text Volume 33, No. 10 TO HE PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW Faculty Ducks Grading Issue bySaultan H. Baptiste,.Managing Editor At the UB Law School faculty meeting held on Friday January 22,1993, onecould sense the clash ofwordsand personalities as students and faculty battled over the issue of when UB Law School's new gradingpolicy shouldbe implemented. WHAT IS THIS "GRAND FATHER"THINGANYWAY? As ofthe date ofpublication, there does not appear to be a written proposal regarding the implementationofa grandfathering process. Althoughmany studentsand faculty have mentioned several variations ofits implementation, below is a general analysis ofthe proposal which has been discussed by the SBA and several faculty members. Implementation Procedure Given Short Shrift: GeneralProposal InFall 1992 whenthefaculty decided to change UBLaw School's grading system, little timewas given to whenthe change would be applied. After the vote was carried last semesterto changethe grading system,and the meeting wasabout to be dismissed,SBA Second YearClass Representative Joel Sunshine, who is not a student member on the Faculty Committee, asked when the change would be applied. Whenhe was told thatitwouldapply in Fall 1992, Sunshine suggested thatsincethe semesterhad alreadybegun thatthey should at least waituntil Spring 1993,as some courses may have already graded students under the currentsystem. The faculty hurriedlyagreed and decided to waituntil Spring 1993 to apply the new system. However, amajority o flaw students want the change applied only to future law students. Many on bothsides oftheissue stated after the meeting thatwhat had occurred was nothing less than awar ofverbalattacks, false accusations, allocation ofblame, and promotion offeelings ofalienation. The issue was tabledby the faculty andremains undiscussed until a majority vote ofthefaculty return it to the floor for discussion by the body. It appears that a majority of law studentsare satisfied withtheresolution by the faculty regarding the hotly debated issue of changing the grading system which has persisted over thepast several years. Thedecision made atthe end oflastFall 1992,would change . Apply new grading system to next year's entering Class of 1996 and maintain the currentsystem for all currently enrolled law students. Proposed Benefit: All students, current and future, will have similar grading standards of evaluation during theirrespective academic careers. Problems: 1 When theClass of 1996enter their secondyear, they will besharing courseswith the Class 1995who will stillbe under thecurrent system. Togradeasimilar exam on differentgradescalesmay becumbersome forprofessors,potentially unequitable to students,and violateUBLaw SchooPspolicy onanonymity ofbluebooks when graded by professors. Suggested Solution: Have professors grade all exams underthe new grading system and giveA & R theresponsibility ofidentifying the appropriate gradescale. For example inanEvidence coursetaught in Fall of1994,a professor can give a gradeofQ+. A&R will then determinethe student's graduating class. Ifthe student is in the Class of 1995, they will receive a gradeof' 'Q". However, ifin the Class of 1996, they will receiveagradeof"Q+". "Employersshould not have to struggle to understand a student's transcript." Audrey Koscielniak, CDO Director from thecurrent"H,Q,D,F " grading system, to onethat includesadistinguishinguieof'Q" grade intermsof"+" and"-". Thecurrentuproarcenters around the issue ofwhen thenew system should be implemented. Many students have voiced their opinion and feel that implementing the new system during theSpring 1993term wouldhave • a detrimental affect on job opportunities. Employers may find it difficult to discernthe subtle change and may value a previous grade of"Q" tobelessthan thenewlyapplied "Q+." Although misapplied by both faculty and students, the current "Q* " is not intended to be replaced by the new " Q+". Although some faculty members arguethat students gaveno indication that they didnotwantthe change toapply to them,Dean Barry Boyer stated during an interview that during the 1991-92 academic year, the committee which researched a potential grading change to a "A,8,C,D,F," system, discusseda need fora' 'grandfathering'' procedure to be ...Grades, continued onpage 7 Latin Women Struggle to Unionize maquilladoras who gets paidaboutfour dollars her initial training in Fine Arts to become a a day and is subjected to sexual harassment, graduate student inAnthropology at Cornell physical abuseand intimidation, anddeplor- University, where she is nowcompleting her able living conditions. And sometimes the doctoral dissertation. She haslived in Peru on label can be deceiving, because cloth can be severaloccasions overaten year period while cut intheUS, shipped down to themaquilladoras carrying outanthropological and archaeologiin Guatemala whereall the laboris done, and cal research. She has done solidarity work with as long as less than 60% ofthe productismade the Committee on US/Latin America Relaorconstructed outside ofthe US, companies tions since 1980,focusing onCentral America can still put' 'Made in the USA" on the label inmuchofherwork. Her longstanding interest despite the fact that over halfthe product was inGuatemala evolved into work as a regional assembled in a country thatallows labor and coordinator forthe national Network in Solihumanrights abuses and atrocities. daritywith thePeopleofGuatemala (NISGUA), OnMonday afternoon, January 25,1993, a responsibility she has held since 1989. She in the Law SchoolFaculty Lounge, Ann Peters has workedwithand translated formany leadspokeonwomenand unionsin themaquilladoras ers ofGuatemalan grassroots organizations, ofGuatemala. Aim Peters is associated with when on tour in theUnited States. She recently Cornell University \ is a member ofthe ComAnn Peters addresses lawstudents. Photo: Paul Roalsvig by Kevin P. Collins, News Editor 'Made in the USA.'" 'Made in Guatemala. '' What difference does it make where something is madeorby whom, you mightask. Well, ifyour shirt was made in Guatemala, as Phillip Van Heusen shirts are, then it was probably made by a woman working in the 1 mittee on US/LatinAmerican Relations, and is pan ofthe Network in Solidarity with the People of Guatemala. The lectiue was sponsored by theHuman Rights Center, TheLabor and Employment Law Association, and the Latin American Solidarity Committee/WNY Peace Center. Aim Peters first became interested in Latin America through studying the weaving and regional clothing stylesof the Mayan anu Andean peoples. Herworkledhertoshifl from February 3,1993 Civil Rights Soldier Passes Away byVitoA.Roman,. Editor-in-Chief TheUfeofagreat African-American has cometo an end. The recent death ofretired SupremeCourt JusticeThurgood Marshall marks the end of a life dedicated to securing equal rights under the law forallAmericans, firstas lead counselfor theNA ACP, and later, as the first African-American to sit on the United Supreme States Court. Asa lawyer, he chipped away at the insidious " separate butequal" doctrinethrough a series ofcourtchallenges untilfinally delivering itafatal blow in 1954withßrowpv, Board Qfßducation, the decision which abolished legal racial segregation in public schools. On thebenchhe fiercely defendedtherights ofall disenfranchised groups, and fought to eliminate whathe perceived as injustices in the law. In the last few years before his retirement, he often did so alone. Ironically, as the most ardent opponent ofthe death penalty while on the court, he was spared the pain of learning ofthe three decisions handed down the day after his death. Those decisions further eroded the rights of prisoners to seekrelief before the Federalcourts and enhanced the power of states to carry out executions, which Justice Marshall believed was inherently ' 'crueland unusual punishment prohibited under the Constitution. Justice Marshall's passing is a tragicloss to theAmerican nation, bui it would be an even greater tragedy ifthis nationforgotwhathefought forsocourageouslythroughouthis life: thedignity of the oppressed. His early struggles may havebeen fortherightsofAfrican-Americans,buthisworklaidthegroundworkfor the greatestcivilrights movementin this nation's history since the Civil War,a movement from which every single Americanhas benefitted. Noman in this century has breathed more life into our Constitution than did JusticeThurgood Marshall. As future lawyers, we must not forget what this great man stood and foughtfor.and wemust carry onhiswork to bring equal justiceunder the law for everyone. travelled to Guatemala inJuly 1992 as atranslatorfor a NISGUA delegationthat spoke with Guatemalan researchers and grassroots organizers about the human rights situation and ...Unionize, continuedonpage 8 HIGHLIGHTS Group Spotlight Editorials and Commentaries Party Page Ten Most Wanted 3 4 7 10 k_ �ffIUPT LIIE IHILUBT landpass. Study with I ! | PIEPER NEW YORK-MULTT3TATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1-800-635-6569 or 516-747-4311 3IFPFRREPS *' Teske David De oran Barone, Jack Canzoneri, Andrew O'Brien, David Smith, ' ~ Edward Miller c 1990 �Law and Corporate Competition Students ofLaw forAnimal Rights wants to challenge people to think about their by Kevin P. Collins, News Editor nation... can bejudged by theway its animals are 'treated.'' GandhiThe Students O fLawforAnimal Rights (SOLAR) isanew law studentgroup thatwas started justlast semester inOctober, 1992. The groupwas startedwhena number of law students noticed that they were attending the undergraduategroupmeetings on animalrights ' 'The greatness ofa - and thushad a commonand mutualinterest in the cause ofanimalrights- and thus SOLAR was bom. The purpose ofthe group is to help expandpeople' sawareness ofanimal abuse, to provide a voice for the animals, to educate daily choices in life which involve unnecessary cruelty. SOLAR welcomesanyone to join and encourages environmental journals and groupsto consider animalrights concerns. The groupis againstcosmetic testing on animals. SOLAR is also against the use of animals for testingand use in the commercial world. To that end, SOLARbelieves animals shouldnotbeused for entertainmentpurposes in zoosand circuses, in sofaras animals have therightto beleftalone. As regards to domestic pets, the groupencourages people to beresponsibleand caring. In addition,the groupis split on the tough issue of medical testing on animals- some assert the position that ifthere is GROUP SPOTLIGHT will be a series featuring a differentstudent group each issue people that in givingrights to animals you do not have to sacrifice human rights, and to be preventive notreactive. Meetings for SOLAR are announced in advance (look fornotices)and are usually held cvcry Thursday at3:3op.m.inßooml 18.The contact people for the group are ILs Gwenn Carr, Box 361,and ScanDay, Box 376. So far, SOLAR has a core membership of twelve members, consisting primarily of 1 Ls, and is looking to expand. Membership is open to everyoneand all are encouraged to joinand come to the meetings. SOLAR'sactivities so farhaveincluded a bake sale and information table onanimal rights. The groupbought itsfood from theMain StreetFood Co-op. SOLARaIso participated in a demonstration with the Animal Rights Advocates ofWestem New York, protesting theopeningofdeer hunting seasonand bringing attention tomisconceptions about hunting and an alternative avauable, then it should be used instead oftesting on animals. Indeed, as one member explained, this could be interpreted to espouse the notionthatthereisalways a better alternative. Itwas pointed out,according to the group, thattoo manyresources gointopracticing reactive instead of proactive medicine. The group points out that 90% ofcancer is yet despitethis the National Can- Bitible, itirute spends less than 1/4 of 1% on prevention. SOLAR wants to see an mcreased emphasis on preventive medicine. SOLAR stresses that itis not trying to take human rights away, as some groups which attack animalrightsadvocates claim in using scaretacticsand propaganda. SOLAR simply wantsthe existenceand awareofanimal rights. We can look for a posible newsletter from SOLAR theecology. soon. In itwill be theirresponse SOLARalso plans to bring in anAnimal to the Florida law which outlaws the sacrificing ofanimals Rights law lecturer to speak tothe UBcommunity, tobring in a speaker from People for the in religious ceremonies. SOEthical Treatment of Animals, PETA, (to LAR favors this law and is participate in the upcoming First Annual against the sacrificing ofaniWorker AndConsumer Rights Day tobe held mals in religious ceremonies. on March 31) to address thelaw schoolonthe Leonardo Da Vinci once said commercial use ofanimals anditsrelations to the' 'The day will comewhen corporate irresponsibility, and to eventually men such as I will look on the form a vegetarian club. SOLAR also will be murderofanimals as they now participating withthe Beyond Beef Campaign, look on the murder of men.'' a nationwide movement protesting the use of And Jeremy Bentham probeef whichwillleaflet outside ofMcDonald's claimed, ' 'The questionis not all across America in April. can they reason, not can they Students who join SOLAR will come talk,but can they suffer.'' away withan increases environmentalawareness, information on animal suffering, and satisfaction in educating the public. SOLAR Ees by Joseph Belluck During the last twelve years, corporationsand industry associations haveattempted to weaken existing laws in manyareas, includ- ing product liability, antitrust and environmentalprotection. Assupportfortheirefforts, corporations have waved theflag of''competitiveness." Their standard argument is that toughlawsand strong en forcement weaken the ability ofAmerican companies to succeed in the increasingly competitive global marketplace. Two newspaper headlineof January 28, 1993provide astrong rebuttalto thatargument. Oneofthe headlinesread: AT&TLogsßecord $1 BillionProfit The otherheadlineread: IBM Plans to Cut 25.000 Jobs in Wake ofRecord Losses. Theimportance ofthese headlinesdates back to 1982, when the U.S. Department of Justice wasconsidering antitmstenforcement actions againstboth AT&T and IBM. AT&T, ofcourse, wasbroken up in 1982,and since that time the aggregate value ofthe Baby Bellsand AT&T have increased over two and a half times ~ orby $ 140billion. Interestingly, on the same day the Justice Department announced the breakup ofAT&T,itannouncedit would dismiss the antitrust case against IBM. In the succeeding decade,IBM has shown thelargest decline in market values and is currently facing massive layoffs. While AT&Thas beenable tomaneuver through the rapidly changing computer and communication industries, IBM has bogged down According to William S. Comanor, a professor of economics at the University of California, SantaBarbara and theformerChief Economist fortheFederalTrade Commission, the comparison between AT&Tand IBM is no coincidence. In his 1991 book. Competition Policy in Europe andNorthAmerica.hewrote: "We are struck by the fact thatthose wholost in the antitrust courthouse prospered in the marketplace, whUe those who succeeded in the policyarena declined steadily and imposed considerable costs on our economy and citizenry." Other examples seem to support Comanor'stheory. Inl9l2,theStandardOil Company was broken up through antitrustactions. The successors ofStandard Oilare still the dominantfirms in theoil industry ~ Exxon, Chevron, and many others. U.S. Steel, which was in courtaround the sametime as Standard Oil(1920), wasnot dismembered in antitrust proceedings. Its market share has declined from 70% at thattime to 15% today, and the company has been relatively inefficient over long periods oftime. Of course, one could argue that this decline in market share is evidence of the abilityofself-correcting market forces torender antitrust enforcement unnecessary. In addition, one could suggestthat the dominant positions ofStandardOil'ssuccessors are evidence ofthe ineffectiveness ofantitrust enforcement. Thesearguments are too simplistic because they ignore theenormous changes thathaveoccurred in theseindustries, Furthermore, the fact remains that companies like IBM and U.S. Steel are less competitive than companies like AT&T and theoil industry — which is now comprised of 8 or 10 highly competitive companies. Comanor also makes another interesting point. Overthelast decade, both Japanand the European common marketcountries have expanded theirantitrustenforcement. In fact, Comanor states thatthe Japaneseand Europeans may currently have antitrust laws and enforcement policies that are every bit as strong as the United States. This type ofinformation is rarely cited by American corporations when theyare lob- ... Corporations, continued onpage 5 MORE STUDENTS CHOOSE BAR/BRI THROUGHOUT NEW YORK, NEW JERSEY, CONNECTICUT AND THE NATION THAN CHOOSE ALL OTHER COURSES COMBINED. THERE MUST BE A REASON WHY. BAR/BRI PROVIDES AttentionThird-Year Law Students Commencement is just around the comer and much remains to be done. Please take the time to submit suggestions for guest speakers to Michael Radjavitch, Box 212. Be sure to include your reasoning and somebasic biographical information about each suggested speaker. I will also be exploring fund-raising avenues and possible sponsors for graduationweek events. Any comments or suggestions about commencement and possible graduation week activities are very welcome. PERSONAL ATTENTION BAR/BRl's exclusive Q & A tm clinic has more than 40 attorneys available to answer substantive questions from 8 AM to MIDNIGHT, 7 days a week during the course. BAR REVIEW New York, New Jersey, Connecticut and the Nation's Largest and Most Personalized Bar Review Course. February 3,1993 The Opinion 3 �Opinion Mailbox Grade Change Betrays Students February 3,1993 Volume 33, No. 10 Editor-in-Chief: Managing Editor: Business Manager: VitoA.Roman Saultan H. Baptiste Michael Radjavitch Kevin P. Collins Tracy Dale Sammarco Gary Simpson Paulßoalsvig BillKennedy News Editor: Features Editor: LayoutEditor: Photography Editor: Art Director: StaffWriters: W.F. Trezevant Contributors: JosephBelluck, Robert Garnsey, Kathy Korbuly EDITORIAL Ban Must Still Be Lifted Clintonhas imdenfefirstcompromise. In orderto savepoliticalcapital on the Hill, he has postponed for six months carrying out his campaign promise ofl i fting theban agairistpermitting openly gay individuals to serve in the U.S. military forces. Now the question is willhe have the political courage sue monthsdowntheroad to come through withtheorder, especially afterCongress getsto orchestrate its own carnival show on the issue through televised hearings? This issue will test his leadership. Afterthetelevised hearings, he may find that in order to keep his promise, he may have to ignore popular sentiment. Ifhe can, then he will have proven that he istruly dedicated to making our society onetolerant ofdifferences and appreciative of itsrich diversity. He willalso eliminate official sanction ofaform ofprejudice that, like other prej udices, can only be defendedwith flimsyexcuses andmerely masks unfounded fearsofthosewhoare different. Clinton should lifttheban at theend ofthe sixmonthperiod regardless ofpopularsentimentand thusprovethathe is capable ofmoving our society away from the prejudices thathavemarked most ofthis nation's history. Grade Change Should be Grandfathered In In November of 1991,thenAssociateDean ofAcademic Affairs Barry Boyer circulated amemo in whichhe suggested thatthetime may have come for a change in the school's grading policy and that such a change, if implemented, would be grandfathered in. The Academic Policy and Program Committee was studying several proposals. The committee, however, failed toreach a consensus on dieissueand decided instead to let the mattercome before the entire faculty withoutany specificrecomendanon. Well, the faculty acted and, in its infinite collective wisdom, has imposed achange in the gradingpolicy. However, they did so without grandfathering the change in, and without anyjustifiableexplanation for this oversight How can the faculty justify imposing this new grading system on students immediately? According toDean Boyer, the faculty feelstheneed toprovide students with betterfeedback on it justifiesmaking their transcripts more cryptic than they already are. Furthermore,the faculty refuses to believe thatthis change will confuse potential employers in any significant manner. But simply because they believe this does notmake ittrue! In these tough economic times, students have every right to be concernedabout anything which may detrimentally affecttheirchances to get a job. The current grading system does not make transcripts very informative; the change will only makethem less so. Corrections: Regrettably, the names ofthe authors of two pieces in the last issue ofThe Opinion were inadvertantly left out. The Letter to the Editor was written by Paul Berndt and the Commentary onpage 3 was writtenby JayKalasnik. Weapologize for any inconvenience these ommissions may have caused. Copyright 1993. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited withoutthe expressconsentoftheliditors. TheJ)rjinion ispublished every two weeks during theFallandSpringsemesters. Itisthestudentnewspaper o ftheStateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed in thispaperare notnecessarily thoseof theEditorsorStafTofTheOpinion.The Opinion isanon-profit organization, thirdclasspostage enteredatBuffalo, NY. Editorial policy ofTheOpinionisdeterminedby theEditors. TheOpinion is funded by theSBA fromStudentLaw Fees. TheOpinion welcomesletters to theeditorbut reserves theright to cdit for length and libelous content. Letters longer thanthreetyped doublespaced pages will beeditedforlength. Please do not put anythingyou wish printed under our officedoor. Submissions can be sent viaCampus orUnitedStates Mail toTheOpinion.SUNYAB Amherst Campus,724 JohnLord O'Brian Hall,Buffalo, NewYork 14260(716)645-2147 orplaced in law schoolmailboxes 223 or611. Deadlinesfor thesemester are theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 4 The Opinion February 3,1993 Open Letter to the Faculty I amwritingconcerning the grading system change. Sound arguments wereraised on both sidesofthe issue,and change maybe theproper direction inwhich to move. Yet, to change the system forthose studentsalready indoctrinated into the old systemwould bean injustice. There isa certain population here at U.B.Law who chose this school because ofits gradingpolicy andthe cooperative,rather thancompetitive, atmosphere itproduced. This population, whether ornotin the majority, is significant. A change for these studentswouldbe a betrayal by theadministrationand faculty. Ifthe system must be changed, start anew with students who know what they willbe gettingwhen selecting U.B.Law. Some studentscertainly must be in favor ofthe change, however, they chose to come here for their legal education despite the fact that U.B. hada H,Q,D,F grading system. No change forthis population wouldbe givingthemexactly whatthey expected toreceive incoming here. Do not betraythe student body bytaking whatweallbelieved wewould be gettingand turn itinto a mereillusion. Please vote to grand father the current students in under theoldgrading system. Sincerely yours, A concerned student Give Grades Students Can Understand To The Editor: That'sit. I can no longerremain silent on the grading issue. Afterhearing all the arguments, itis clear that the only solution isan A,B,C,D system. These letters have universally understood meanings thatreadily correlate to specific numericalrankings. To wit: Al =Top notch B2 is a bomber C3PO helped to defeatDarthVader D4estKellyasDr.McCoy Damn it,people, can't you seethatthe H,Q system just doesn;t makeas much sense. H. Ross Perotcame in 3rd Qtipsareeither ear-cleaning devicesorwhat happened after thatguy in the James Bodmovies received good service. Now, I'm sure youwill allagree thatwemust immediately implementtheA,B,C,D system or face the * 'end ofthe worldas we know it (I feel fine but I'm just making a utilitarian argument here). Oh, andjust fortherecord Marc, I'm notin solidarity withyou or anyone else in thisasylum. Michael R. Nassoiy COMMENTARY Choices Fewer Than byNatalie A. Lesh The abortion controversy, likeall politick issues, is temporarily on theback burner. It islike a smoldering,red-hot emberwaiting to be ignited into araging blaze by a breath of oxygen. Yet, even in this dormant state, an aspect ofthis issue sdentiy perpetuates a myth thatis destructive to the lives ofwomen. Themyth isabout control. Many pro-choice advocates have reducedtheabortionissuetooneofcontrol. The argument is that since pregnancy affects a woman's body for nine months, and since a womanhas therightto control what happens in andtoherbody, thenthat woman has theright to make theultimatedecisionregarding when, and if, to terminate her pregnancy. It is a logical argument Things get more complicated once the competingrights ofthefetus are asserted, but the basic argument remains the same: women have the right to control their bodies. Outofthecontextofthe abortion debate, who would disagree with the statement that people, including women, have the right to controltheirbodies? Aside fromafew paternalistic rules and regulations, we are largely free to do withour bodieswhat wechoose. We can eat and drink what we want, smoke, take medications, and putanything into or doanything to our bodies that will not violate or interferewiththerightsofothers. Undeniably, ifI choose to do something which willaffect myselfandmy bodyalone,no one shouldhave the rightto prevent me from doing so. The obvious problem with respect to abortion isthatnot only oneUfe is involved. Regardless of whether it is claimed that the fetus is a person with constitutionalrights or simply a mass ofhuman tissue, the fact remains that there is some sort oflife in exist- They Seem ence. Pro-choice advocates would dowell to recognize this factandmove on, for itisboth ignorantand unproductive to argue to the contrary. Theimplkationsofthisadmissionneed notbedetrimentalto the pro-choice positionitis stillconsistent to maintain that thelife of , the woman,arguablyaclifTerenttypeof 'life" than thatofthe fetus, merits greaterprotection andultimate deference. But that is not what mis is all about aborting ismerely an illustration ofa point And thatpoint isaboutcontrol. Society has progressed tremendously withregard to equalizing opportunities available to women. Women now hold positions which previously hadbeenreserved for men, and mostofthe traditionalbarriers to women's achievement havebeen dissolves. Yet, in the face ofthis movement, many women, especially well-educated, middle-class women, feel a lack ofcontrol over their surroundings and over their lives. In consequence, many women attempt to assert control overthe one thing-theirbodies- that is indisputably thejis. This control takes many forms. Most often,however.itinvotves the useandabuseof food. The options are obvious: either eatto excess or not atall. In each case, the woman isable to gauge herprogress byreference to the all-mighty scale each pound lost or gained representing an increased levelofcontrol. The woman can literally see. the results of her actions, the fruits ofher labors, and feel refreshed with the knowledge that she has the power to alter herappearance and to control whatisheis Unfortunately, however, this behavior becomes so obsessive that the exact opposite of what the woman intends actually occurs. The womanfinds herselfunable to controlher ...Choices, continued on nextpage - - Deadline for next Issue: Monday, February 8,1993 Feb I OthVALENTINES DAY ISSUE!!! Leave submissions in Box 223 or Box 611 �Chew on This By Tracy Dale Sammarco This column is doomed to be disjointed because ofthe multitude ofissues coming out right now. People are talking about a number ofthings, some ofthemad nauseam. Zoe Baird is a good example of this. I am a " feminist and, I suppose, one of those liberals dressed down so often in lesser UBLawpublications. And yet, I have to say that I don'tsee Baird as the last great hope for women in this nation. She dropped the ball in a game (and I do mean game) where ball dropping is definitely not allowed. Frankly, I'mambivalent. Tjms tells us that it was that übiquitous entity THE PEOPLEwhospokeupanddemandedßaird's nomination bequashed. We the people demand Clinton live up tohispromise ofahigh moral standard for government; or somethinglike that. Bull. Itwas thedivine outrage ofthose predisposed to hateanything and everythingClinton hasdone, is doing or will ever do in the future that drove Baird to withdraw.Whocares? I'mglad. Idon'tthink Bairdwasawisechoice. Attorney Generals probablyshouldn'tbreakthelaw. Orperhaps theyjustshouldn'tgetcaughtdoingit. Bye, Zoe, try your luck in Peru. But let's get serious, shall we? Where themediaboys were hanging outat that big Features Editor concept, yetone many people just don't seem to get. Takethe following hypothetical incon- sideration of this issue of public personae versus private indiscretions. Say, justfor the sake ofargument, that you're the head ofthe Louisianachapter of, oh, shall we say,OperationRescue? Yeah, OperationRescue. Would you, theaveragelaw student, fall, lemmee see, some$ 13,000.00behind in child supportpayments? Wouldn't be too prudent, would it? I LIKE it when the Bills lose. Youpurport to care somuchabout therights of the fetus thatyou are driven to abuse women outside ofabortion clinicsfor fun and profit. Yes,profit Didlforgettomentionthatyoualso get paid for your work as a good Christian soldier? Well, seems likeyoumight beable to afford somesupport foryour three kids,huh? Well, not if you're Kirn Carmouche. Carmouche was held in contemptofcourt for failing tomake childsupport payments for his three children. He was ordered to pay $ 13,285.00 to his former wife, Chris; halfin the monthofJanuary andthe rest by June 21. The alternative wasa threemonth stay inthe local penitentiary. Chrisreceivedherfirstcheckin January. pond called Politics, wearingtheirhip-waders and fryingBaird up like a big, fat trout, Needless to say,Carmoucheresigned as Judge Sal Wachtler merely walked across aresult oftheincident. I guess I seem pretty the waterand ontodry land. Remember Mr. smug about this incident, huh? Well, after Wachtler? Yes,I think youdo. He was that spending thelast six oreightmonthsstanding paragonofvirtue whowas setup by the FBI outside oflocal clinics, try ing tohelp women and forcedto extortmoney, threaten social- exercise theirconstitutionalrights in the face ites and mail condoms to children. Yes, ofanti-choice hostility, I guess I am kind of smug. Far be it from me to suggest that THAT guy. Baird, withcomparatively negligible crimesunderher belt, is public enemy Operation Rescue ought to practice what it numberone. Wachtler, on the otherhand, is preaches. But I think I willanyway. the persecuted national hero. His meteoric I know thatthereare differentfactions in fall from grace was somehow suspect, the every movement. I know that some people faultofthe FBI,therich socialite, orperhaps sincerely believe thatthefetus hasrights. lam itwas a touch oftemporary insanity. Who willing to concede that not everyone in the knows, but itwasn 'this fault, that'sforsure. anti-choice movementis ahypocrite. I have to Frankly,lthinkthey'rebothyo-yos. If say,however, thatsince I have been escorting you're top dog on the Court ofAppeals or at the local clinics, I havereceived more death vying for Attorney General, make certain threats than everbefore in my young life. I youdon'thaveany skeletons in your closet question the motives ofthose who demand and, forgod's sake, don'twhip any up while rightsfor the "unborn" andthen go on to treat you're holding office. It's a pretty simple those same entities like so much trash once ...Choices, continuedfrompreviouspage ownbody, and becomes an unwillingcaptiveof diseases such as anorexia and bulimia. The wardenbecomes the prisoner. So what doesany ofthis have to dowith abortion? The abortion argument,directly pits women's control of their bodies against the unborn. The exercise ofa woman's control withrespectto terminatinganunwanted pregnancy therefore becomes an exercise in the destruction ofanother being, whatever its status as a' 'person " or' 'non-person.'' Thisprochoice positionaffirms that, yes,women are in controloftheirbodies. However, it distortsthe control and ignores thereality that thiscontrol comes only at the expense of another life hardly anideal thought for mostwomen who loudly proclaim their pro-choicerights. Obviously, theabortion controversy is a symptom ofthe problem and not the disease. Society as awholemust take theresponsibility to shoulder this burden asone ithas created, and as oneitmust defeat. Womenshould not have to fightfor the right to kill theunborn in order to assure themselves that they are, indeed, in control oftheir bodies and their lives. Such a victory can be empty, at best. Women must accepttheir expanding role in today'ssociety, and begin to feel comfortable and confident withtheknowledge that wears in control. We shouldno longer have to proveit lo ourselves or to others -at the cost ofourbodies,onrniinds, andour souls. they are born. Any otherrelevant stories inthe news Let's see...Somalia, page three...Bosnia, page six..ThurgoodMarshall, page ten...Buffalo Bills, page one (headlines, priority stuff). They've hoggedalotof press lately, eh? A friend ofmine in Act-Up! told me that she tried to contact the press regarding anarrest in Buffalo duringadowntown needle exchange and that the local news hackswouldn't giveherthetime ofday. I'm going to get it for this, but I've got to say it. ILIKE itwhen theBillslose. Why? Well,maybe it'sjustplainmean onmypart, butljustgetsickofseeing red, whiteandblue paraphernalia on everybody all the time everywhereI go. People pour theirheartsand souls into this game and they are left with very little mental energy to devote to anything else. There's something wrongwith our values as a society. Take my favorite local news correspondent, Don Esmonde. This guy has a relative in managementat the News, boys andgirls. He'sgotriotalent,that'sagiven. Well, he's proven his essential valuelessnessonce again. Remember Katy Beer? She was that nine-year-old girlwho waslocked in ahiddenbasementroomby friend otherfamily. Didyouknowthattheemotional distressand terror ofa nine-year-old child locked in a lunatic's basement is comparable to the suffering ofthefans ofthe Buffalo Bills in having to watch their team lose two (now three) Superbowls? Yes,according to Mr. Esmonde, Buffaloneeds to bepulledfromits deep emotional distress just as Katy was freedfrom herprison. I can't stand it anymore. Wake up Buffalo. People's lives should notrevolve around football. As adiversion, football has its place. But can someone explain to me whatthe correlationis between football and domestic violence? Statistics show that the dayafterthe Superbowl is thisnation's worst in terms ofan escalation in the incidenceof domestic violence. Can we speculateabout this? I'mjust curious-whereareourpriorities? lately? ■ A fo* MOeC «4PoeMATioAI Au f I 11 \WO-U%<ifcLf> LET YOUR JUICES FLOW! xxxoooxxx SUBMIT A LOVE BLURB. ...Corporations continuedfrompage 3 byingfortheweakeningofantitrustandproduct Uabihty laws. As more and more studies are being conducted that debunkthe "competitiveness' * myth,corporations willlikely abandontheirpositionand searchforanew flag to wave. Notwithstanding, too manyrights and liberties hang in thebalance for debates over legal reform to take place in a vacuum. Let's hope that Bill Clinton and Congress will reinvigorate antitrustenforcementand unmask the culprits hiding behindthe bannerof"global competition." POST SUPERBOWL DOMESTIC VIOLENCE 3IUL .0.9 1 - February 3,1993 ' The Opinion 5 �RToP amhineg hotographer byPaulßoalsvig,Photography Editor This week's question: Should President Clinton go ahead and issue an executive order ending discrimination towards gays in the military? Joeßelluck,2L MatthewKohm,3L ' 'Creating the policy and implementing itare two differentthings. It shall be quite interesting to see how this will play throughthe system.'' byKevin P. Collins, News Editor When welastsaw theDarkMarbles, the group wasa foursome. It still is. Except that sincethen, threemembers ofthebandhaveleft andthree havecomeaboard.Exit stage leftwas mebassplayerCaptainKiik,who,rumorhasit, left to joinanew band, Deep SpaceNine. Right behind him was Dizzie Miss Lizzie and her keyboards. Andlastly,thelong-timedrummer Dark Dave left to go to the Big Apple. But justwhen it looked as if the Dark Marbles had bitten the dust and joined the number ofgroups who once werebutare no moreand whereare they no w - enter PatKane on lead guitar, Doty Hall on bass, and Al ''Although I think that gay s shouldbe allowed in the military, my strong beliefin separation ofpowers requires me to repudiate the use ofexecutive orders for suchchanges." Karen Bellaire, 3L Yes,othercountries openly allow '' homosexuals in the military and have not hadproblems with moraleamong the troops." Louis Higgins,3L Yes,but therealso would have to be '' provisions madeforaccommodation and living arrangement changes thatmay be necessary." Dark Marbles Roll Once Again Planet," alate 1970'snew-wavepopsongby The Humans. One student stumbled onto the Konrad on drums. Basically members ofa Dark Marblesgroupiesand faithful were in the stage,and to save face, slapped Yodahigh-five group called the Red Tears joined up with the audience as the Dark Marbles' performance in the middle ofthe song as the other dancers oneremaining, originalmember ofthe Dark wasreminiscent ofTheWho. The groupimmewere prepared to follow suit and storm the Marbles-oF YodCrewsy.theleadvocalistand diatelyripped into theirpsychedelic version of stage. But calm was restored and the band guitarplayerhimself-and thusreborn was the theElectric Prunes tune' 'TooMuchToDream" played There arerumors that in the weeks Dark Marbles! Just when you thought it was (which could be renamed as a law student ahead there might be a 2L who will sing and safe to go to a bar... anthem:' 'TooMuchTo Read). They played playacoustic withtheDark Marbles ledby Yod On Friday night, January 15,1993, the on into the 13thFloorElevators song "You're Crewsy. Whenpressed for commenton this, the Second Annual Rock-n-Roll Tribute to the Gonna MissMe" ledby PatKane'sblistering 2L,after thegigwas finished, quickly shoved spiritand memoryofAnnetteKane washeldat guitaron this psychedelic garage-rock blast peopleoutofhis wayas he exitedCPGs. And the Central ParkGrill(CPGs) located at2519 from the past circa 19605. Anumberoflaw as he laughed and sighed to himself, he was Main StreetThe DarkMarbles playedthere in students danced their way around the packed thought to beheard to utter, "This wholething oneoftheir few rare appearances. A throng of room to the song of' 'Another Girl, Another issurreal, man!" on. "Drinking is Art. Beer MakesYou Smart." , —MarkFreeland, LocalMusician The Opinion 6 February 3,1993 �...Grades, continued from front page implemented over a period of years as the change would create a different evaluative basis. Boyer said "As the idea ofan' 'A-F'' system fell off, so did concern regarding a grandfatheringprocess". Impact of Grade Change on Employment Not A Faculty Concern: Professor Lucinda Finley, who strongly supports immediate implementation ofthenew grading system, feels that students do not understand thatthere are "very importanteducational reasons formaking the grade change.. .and itis thefaultofstudent representativesofnot conveying thisinformation to the studentbody. Giventheseeducationalreasons, Finley feels the change should be immediate. Finley said thatthe faculty decision to changethe gradingsystem did not emanate solely from student pressure. According to Finley, concern over a need to change the grading system originated from the Special Programs group, Legal Methods Committee abouttwoyearsago. Thecommittee identified thatthecurrentgrading system wasnotproviding some students withadequate feedbackas to their performance. Once the concern was raised, faculty felt the concern should beapplied across the student body. "Under the current system, the only way to signal to a student that they needed help, or needed to improvetheir effort, was to giveastudenta' D' asno"Q-"wasavailable." Finleyalso mentioned thatthe second concernraised by both studentsand facultywas the irregularity ofthe applicationofthe "Q* " and thatsome faculty were usingit as a defacto' 'Q+.'' Given student comments compiled by the SBA during theFall, Finley saidthatthe faculty determinedthatalthoughtherewas no clearconsensus, students wanted someformof change. Finley said that many faculty were hesitant in going to an "A-F" system as it would''lead to an environmentofcompetition ratherthan fosteringeducational goals. What''personally upset Finley at therecent faculty meeting was what shefound to be "irresponsible and factually inaccurate Bill and they mustconsider differing grading systems. Finley statedthat some ofus (faculty) know moreaboutthe employmentmarket than student accusations that the faculty were not studentsrealize." Although she statedthatan sensitive to student concerns. Sheadded that explanation ofthechange wouldappear onthe as a law school, UB is distinguished by the transcript, she did notknow exactlywhere it number ofstudents whoare allowed to actively would beindicated on the transcriptandhow it participate withindie law schooladministrawould be explained. tion and sit on faculty committees. "HowDean Boyer concurred with Profesever, '' referring to Joel Sunshine's comment sorFinley's observations that the majority of at theFall 1992meeting,Finley said "thereis the faculty did not feel employers would be no sense that students wanted [the change] to confusedbythenewsystemandagreed that the apply to hypothetical people in the futureand new grading system would send a better signal to studentsregarding theirperformance. nottothem." Regarding student arguments that Although undecided as to whethera the immediate system change in the Spring grandfathering process should be adopted, would have a detrimentaleffect on employBoyer stated that such a proposal, with the ment, Finley statedthat several faculty found suggested useoftheOfficeofAdmissions and this concern' 'very weak [and] bordering on Records (A&R) was capable of being done erroneous [and] disingenuous." Finley also although, greater manpower may be needed said that students present at the meeting ex- (See sidebar, page 1). Boyer also mentioned pressed thattheyfelt most students were more thathethoughtthatthe studentrepresentatives concernedwith potentially getting a "Q-" and did areasonably good job,"but, [they] could didnot want it to apply to them. havekeyed into faculty concerns better.'' "As the idea ofan A-F system fell off, so did concern regarding a grandfatheringprocess." Dean BarryBoyer CDO SeesPotential Problems withEmployers Reviewing Transcripts: Director ofÜB's Career DevelopmentOffice,Audrey. Koscielniak, whois not in favor ofa change in the grading system until at leastFall 1993, said itis hard to determine the Finley feels that the approach used by studentrepresentatives at the faculty meetingwas unproductiveand unconstructiveand full impactofthegrade change, but there wo uld affected their ability to advocate for their definitelybesome problems due to the subtly proposal.' 'Ifthe students hadapproached this ofthechange. Koscielniak, whoisalsoresponissue ina muchmore effectivelawyering way. siblefor creating the package ofinformation .theresultmay havebeendifferent Ifstudents which employersreceive to promote interest in UB students, said that immediate implehad said, 'Thankyouforbeingresponsivetoour concerns about a change. Frankly, neither mentation will make the package messyand confusing" and may require a sophisticated facultyor students havegivensufficient attention as to when the change should begin. We professionalbrochure thatclearly explains the would like to have a meeting to discuss it.' twograding systems and how the transcript InsteadofacknowledgingjointresponsibUity, shouldbereviewed. Koscielniak added that some emthey blamed the faculty.'' be conscientious and recognize will ployers It is Finley's opinion that the act of differences,'' the however theremay be others tabling the issue indicates thatgiven the soundthat are confused and may not recognize the nessofthefaculty'sinitialreasons forchanging the grade,and theirfeelings thatnone ofthe subtly ofthechange. Although there are some not initially require a tranarguments presented by the students were employers thatdo most employers, application, for script job sound, thefaculty has noreason to wait. Finley those in formalizedandstructured especially saidthat severalfaculty members spoke from personal experience ofbeing in employment Fallrecruitment, willrequire a transcript inisituations where they reviewed.. .transcripts'' tially. . m\]fu H l "Employers shouldnothaveto struggle a student's transcript."stated Koscielniak. She mentioned that she often receives calls from employers who do not understand the current gradingsystemand that employers, who have mentioned other law schools who have erratically changed their grading systems over a shortperiod oftime, have indicated that would not be willing to attend those schools' 'until they gettheir act together." As CDO Director,Koscielniak was quick to clarify thatthis is not a faculty view, but is based onherlaiowledge ofthe employmentenvironment. She emphasized thatfaculty concerns are overriding. "Iffaculty feel that implementing the system now will push students to be better students, and thereby produceabetterproductforthejobmarket,that is their decision to make.'' Koscielniak feels it is important that students remember that '' education is first- gettinga jobis secondary. Law schoolis not trade school. Lawyering is onlyanoption. The faculty have theresponsibility to education.. .A betterstudentproduct will increase ÜB's reputation in the legal community." to understand SBA Continues the Fight: SBA President William Trezevant strongly disagrees with Professor Finley's implication that student concern originates from current students being fearfulo freceiving a"Q-"grade. "Such an assumption implies that students are inherently lazy and are not trulyinterested inobtaining a legal education. That is clearly wrong! Many students have struggledthroughouttheir educational career to pursue the legal profession and have committed to survive three years of dedicated study. To think thatstudents inherently do not want to do their best implies that no such commitment exists. Such an assumption is wrong!" Trezevant feels that thecritical element inresolving this issueisclear communication. He said thattheSBA has been working diligently to communicate to faculty a clear understanding ofstudentconcems. Trezevant believes' 'thatalthough theissue appears divisive, the environment has fostered a greater commitment and willingness by all sides to collectively resolve this matter in the best interestof thelaw school community. 41 4 February 3,1993 The Opinion 7 �SBA BRIEFS UB Law Student Wins Skadden Fellowship ShawnBoehringer, a third-year studentat the StateUniversity o fNewYork School ofLaw, is one of25studentsnationally who willpractice publicinterest law this yearas a Skadden Fellow. The$10 million Skadden Fellowship program was established in 1988by the New York City law firm ofSkadden, Arps, Slate, Meagher & Flom to allow graduating law students and judicial clerks to practice public-interest law. The fellows are paid $32,500 ayear for thetwo-year fellowship, a generous salary by public-interest standards. The firm also handles the fellows' benefits and loan at Buffalo The S.B.A. Brings SenatorAlfonse M. D'Amato With the help ofFust Year StudentPhU Monte, me S.B.A. is honored to bring the United States SenatorfromNew YorkAlfonseM. D'Amato to UB Law School. Senator D 'Amato willbespeaking onthe Republican Agenda duringthe Clinton Administration. Additional detailswill follow, so staytuned tothis channel and the S.B.A. billboard outside room 101 O'Brian Hall for all the information. Grade Deadline Weare onceagain approaching the grading deadlinewhich, as we all know, isby faculty decisionaself-imposed deadline. TheduedateforgradesisFebruary 15,1993. We have made tremendous progress over past years in meeting this deadlineand this year appearsto befallmginlinewiththis trend. Weare thankful forthe progresswhichhasbeen made on this sensitive issue. FinancialAid Governor Cuomo, in hisproposed budget, has calledforthecomplete elimination oftheTuition Assistance Program (TAP). As time is ofthe essence, we are asking that you dothefollowing. First, complete the survey being distributedby the Dean's officeso thatwemay put togemerafhiancMimpactreportforthestate legislature. Second, write tothe Governor's officewhoseaddress is below. Third, call theGovemor'soffice and voiceyouropposition tohisplan. TheGovernor's proposal onlyfurtherlimitsourability andtheability offuture students to obtain a legal education. As we allknow, UB Law School holds the special distinction ofbeing the only S.U.N.Y.Law SchoolinNew YorkState. Wethereforebearmeuriiqueburdenofproviding a legal educationto peoplewho would nototherwisebeable toafford a J.D. degree.Thus this issue isofthe utmost importance. Please take thefew moments needed out ofyour schedule to help us in this endeavor. : Governor Cuomo Executive Chamber State Capital Albany.New York 12224 (518)474-4246 FacultyAppointment Atthemostrecent meeting ofthe faculty, a decision wasmade tomakean offerof employment to Nancy C. Staudt, who is presently a Harry S. Bigelow Fellow at the University ofChicagdLaw School. Ms. Staudt subsequently accepted ouroffefand will join our faculty next year. A graduate oftheUniversity ofMinnesota Law School, Ms. Staudt hasexperience in federal, state and local tax. She specialized in ERISA work as an associateatMorrison& Foerster in San Francisco, Califoniiain addition torepresenting After Foerster, Ms. Staudt workedfbrtheCalifornia Coalition forBattered leaving Morrison & Women inPrison andThe SanFrancisco Urban Service Project. Ms. Staudt is expected to teach in the areas ofResearch & Writing, Tax, ERISA and Securities. Council OfPresidents On January 26,1993 the S.B.A. Boardof Directorsamended the By-Laws ofthe SmdentßarAssocbtioncreatingaCouncilofPresidents. Theßy-Lawreadsaifollows: CompositionoftheCouncdofPresidents;TheCouncaofPresidents,(TheCouncil) shall becomposedofoneseniorofficerofeachstudent organization charteredbytheS.B.A.,or a designeeofsuch organization, and the chairperson. T4ie by'theßesident oFtheSß.A.from amajority voteoftheS.B.A.BoardofDirectors. The termofthe chairpersonshallbefor one academic year. Responsibilities ofthe Council; The Council shall meet monthly to coordinate activities among student organizations, discuss issues and share information relating to student organizations, to hear from faculty speakers and to address other activities in relation to the S.B. A.. Pursuanttodie.Boardoroirectors'passageofTheCouncilofPresidents, on January 28,1993,1a5ked First Year Class Director Paul Beyertoserveasourfustchairperson. His organizational experience and enthusiasmfor this innovationmakes him ideal. Subject to theBoardofDirectors' approval, andwithyoursupport,rmconfidenthe willdo a fine job. I know he is looking forward to working with us all. Bar Review Information Centralization On October 1,1992theS.B.A. BoardofDirectorsvoted by acclamation toplace a billboardonthefirstfloorso thatBar Review companies may postall advertisingand other materials. The billboard is to be equally dividedbetween all available companies. The Bar review companies are precluded from posting material elsewhere in the school or inserting material in student mailboxes. The recent placementofthe signabove theb illboard on the first floor isthe fruition ofthis policy decision by the S.B.A. Board ofDirectors.i Student BarAssociation Executive Board Petitions Yes, once again, itisaboutthattime forallofustobegintotliinkaboutnextyear's S.B.A.'sadnumstiutionanduieupcoming Executive Board Elections. The ordything I ask is thatthose who chose to run, do so with earnest, enthusiasm, and commitment, and more specifically, thatpeople notrun thinking they can resign. Petitions will be made available beginning February 22,1993. An election schedule will beincluded in the nextOpinion. 8 The Opinion February 3,1993 repayments. Many Skaddenfellowsremain in public-interestlaw once theirfellowships are completed. Boehringer, a native ofAdamstown, Pa., will work for the Appalachian Research and Defense Fund in Prestonsburg, Ky. He will handle issues related to coal mining, suchas workingwiththeKentucky congressional delegation to enact legislation that is more favorable to miners applying for federal black lung benefits, and representing miners in workers' compensation claims, on safety issues and in retirement benefits claims against the United Mine Workers. Boehringer,who worked onthePreciousJewelsDay Care Centerproject for UBlaw school's Community Economic Development Clinic, alsoplanstouse his experience to help groups in the Prestonsburg area that want to start day care centers. '' I knew early thatI wanted to do legalservices, public-interest work," he said. Boehringer says hishome county ineastern Pennsylvaniaborders thecoal region, sohe wasfamiliar with thecoal industryand the problems associated with it. "I was impressedwith the Appalachian Researchand Defense Fund; itdoes a loto fnon-traditionallegal servicesand a lot ofproactive work onbehalfofcoal miners, "he said. Boehringer received a bachelor's degree in history and religion from Gettysburg College inGettysburg, Pa. Heresides onthe West Side ofBuffalo. Insomniac? Bored? Thirsty? The Cure forYour Problems is to JoinThe Opinion. Now! "You didn'thear it here!" Thecomputer centeronme fourth floorisjustaboutcomplete.Theonly remaining issue is the whereabouts ofthe monitorsfor the computers, Reliable sources suggest that the monitors willarrive in a few weeks, just in time for theresearch and writing classes to be held in the center. Let'sjusthang intherebecause we've come sofar over previous years withthecooperation ofthe administration. Student Group Highlights Circles Following an extensive and cumbersome application process, our very own Circleshas once again overcome the odds. Circlesrecently wonadditional funding from Sub-Board One'sprogramming grant fund. This wasno smalleffortas Circles.had to compete against organizations University-wide fortius funding. Congratulations to Circles onceagainand continue the goodwork. BELJ After superb organizationaleffortsand a semester'sworth ofreview and editing, theBuffalo Environmental Law Journalisexpecting it's firstpublication this semester. The conventional wisdom understands that this issue will contain two professional articles and two student articles. Around ofapplause is dueforall those silent warriors ofBELJ. Phi Alpha Delta Duringthis yearofchange, ourown groupsare notimmune. The organization which produced the UB Law School Directory for asecond year inarow at no cost to the student body just held their elections. Under the newly elected Justice, Saultan Baptiste, and Vice-Justice, Chrisun Horsley, the group plans an expansion on the foundation which has been built for the last two years. Phi Alpha Delta is presently planning theirspring initiationforlate February. Otheractivitiesare scheduled as well. Student Fee Referendum isApproaching Imagine ourlaw schoolwithoutany studentgroups. No newspaper.journals, or student clubs. All ofthese organizations are supported by our mandatory studentfees. The mandatory studentfee affects all areas oflaw school life. Once every fouryears law students are required to vote either to keep fees mandatory or to make them voluntary. If the fee is not kept mandatory, it is quitepossible that all ofthe student organizations which make up the mosaic oflaw school life will cease to exist. Weare in ourfourth yearand mustvote. The voteis scheduled tenativelyforthe endofFebruary. More information and discussion will beforthcoming. �...Abused . continuedfromfrontpage working conditions for women in the maquilladoras, andvisitedongoing projects. AnnPeters openedherpresentation by noting that people who dohumanrightswork in Guatemalaadhere to thehumanrights beliefs oftheUnited Nations (UN), whilefacing the fearofdeafhthreats, torture,andassassination. People are requesting thebasicrights to organizeand to a decent standard ofliving. With a series ofslides, Ann Peters illustrated the li fe ofwomen laborersand organizat ions inGuatemala. Justrecently, the only operating union in the sugar caneindustry was closed downby its ownerfor fear ofreprisal. It was reported by Ms. Peters that the Guatemalen people have leftthe countryside and flooded into the cities. The number of displaced people has surpassed one million and thereare 10,000homeless streetchildren, mostofwhomare orphans, in the capitalcity alone. To help alleviate and address these problems, AnnPeters and othersprovidelegal supportfor people wholiveonunoccupied land, enabling them tobuy somelandand to obtain a title to own smallplotsand to have a place to live. Ms. Peters toldoftheproblems women faceinorganizingunions. The government has a policy of selective assassination of union leaders thatwas particularly prevalent in the early 1980s. Shepointedoutthateightmembers of a union were killed in a Coca-Cola strike. A large percentage ofthe workforce in Guatemala iscomprised ofwomenand teenagers. Whenevertheworkershaveattempted to organize inorder to improve theirworking and living conditions, they have usually been met with reprisals. Oftentimes, Ms. Peter reported, thegovernment forcesmilitary conscription ontheyouth bysweep ing through the streets and picking up the young men and forcing them to serve in the military. This usuallyonlyhappens to the poor, indigenous f ; people. A fewweeksafterthe kidnappings, the family oftheyouthreceives aletter informing them thattheirmissing son was now actually a part ofthe military. The widows of Guatemala have organized into dieNational Coordinating Counsel ofWidows. This organization fightsfor human rights in Guatemala, especially for widows withyoung children. Ms.Petersrecounted how thewomen whoattendedmeetingshad to often go in disguisefor fearofbeingrecognized by government spies and then ending up as a mysterious disappearance. Aparticularlytragicrecounting ofevents came throughwhen Ms. Peters told the audiencemembers ofan American nun who was pickedupand tortured. She waslowered into a pitofdying people and forced to walkon top oftheirinjuriesamidst theirtortured screaming. To this day, the nun still has recurring nightmares, but,courageously, shesomehow laterfound the inner strengthand resolve to overcome thepsychological ramifications of thetortureto testifyagainst her terrorists. Ms. Peters statedthatthis horrible event wastypical ofthe sexual abuse and rape of women prisoners. Ms. Peters wenton to tell ofan anthropologist working with displaced people who was stabbedas sheleft her office-a victimof apolitical assasination on the eve ofpublication ofher work. The governmentattempts to conceal such murders by attempting tomake them appear as common crimes. Ms. Peters continuedwith thehorror stories. Sheeventold ofhowapoliceofficer- (yes, a police officer!) was killed for actually finding too much evidence on whocommitted amurder. Nonetheless, women are increasingly taking a leadershiprole in the maquilladoras. At present, threeunions are recognized. But, in one maquilladora all the workers were fired and thenrehiredwithout the union. Such is the - —~ The Dark Marbles are due to play at abenefit concert forthe WorldUniversity Games atNietzches onAllen Street on February 24th. So, to all theirfans, stay toned for more Dark Marbles: same dark time, same, darkplace; commonplace use ofanti-union tactics which also include violence, death threats,and torture. Human rights abuses abound in the maquilladoras. Women laborers are often victims ofviolent sexualabuse and beatings. Sexual harassmentand coercionare constant occurences in the maquilladoras in Guatemala. Sex is often the quidpro quo for the opportunity to get ajob in the first place. Sex isalso used as a trade-off for promotions or bonuses. Women laborers, perhaps the ones who made the shirt onyour back, are often forced to work under the influenceofbarbiturates and are lockedin atnight for24-36hour shifts in orderto finish an order thathas to go to the USA. If these employees attempt to organize, they face deaththreats, violence and assassinations. Theemployees must work in unsafe working conditions where not even basic labor laws areenforced. Child labor abound, andalthoughthey arenottooyoung to work, children under 16years oldcan not join aunion Unions inGuatemalaorganizenotfor betterpay, but insteadfor theidea thatworkers be able to eat in a lunchroom instead ofthe street and have the right to take bathroom breaks. The wholeAnnPeters presentation was videotaped and isavailable in the fifth floor Audio-Visual (A V)Roomofthelibrary. With stronghumanrightsinitiativesand consistent pressure,rheUScan and should playadecisive role in favor ofpeace and real democracy in Guatemala. So next time you see the label "MadeintheUSA"onagarmet, stop and think about what thatreally means. —S * of$250.00 each. A total ofat least $7,500 will beawarded. Recipients will have their current BAR/BRI tuitionreduced by the amount ofthe scholarship,exclusive ofany early sign-up discounts. Approximately twenty scholarships will beawarded to students basedonneed. describetheirfinancial situation as well as thosereasons why a scholarship is deserved. Scholarships will not be awarded to those possessing apermanentjob subsequent to graduation. About ten scholarships willbeawarded through theBuffalo Public Interest Law Program (BPELP) to students wishing to workin thepubbc sector. Applicants for these scholarships must show a demonstrated commitment to working% tne public sector. Preference will be given to those applicants who clearly indicate post-graduation plans which include a public interest/public sectorjob. Students may receive either a need-based or a public interest scholarship, butnot both. Toapply,please writealettcrofno more than onetyped, singlespaced page. Return it to Madeline Fincsmith, Box #87, no later than Friday, February 19,1993. Writeyournameonacoverpage,butdonot write your name on subsequent pages. Please specify whether the application is foraneed-basedbrapublic interest scholarship. Scholarships willbe honored in NewYork, New JerseyandNewEngland, and any otherparticipatingBARVBRI jurisdiction. Pleasespecify which bar exam youare planning to take. MORE STUDENTS CHOOSE BAR/BRI THROUGHOUT NEW YORK, NEW JERSEY, CONNECTICUT AND THE NATION THAN CHOOSE ALL OTHER COURSES COMBINED; THERE MUST BE A REASON WHY. BAR/BRI INCLUDES EVERYTHING. Unlike other bar review courses, BAR/BRI enrollees need not pay additional monies for essay or multistate supplements since workshops are already included in the BAR/BRI course. The Buffalo Journal of International Law Any UB law students interested in an Associate position should submit a letter of interest to Michael Radjavitch (Box 212) by 4:00 P.M. Friday, February 6. BAR REVIEW New York, New Jersey, Connecticut and the Nation's Largest and Most Personalized Bar Review Course. February 3,1993 The Opinion 9 �Graduate Student UnionWins Certification i Love Blurbs! js> inTheOplnionls specialValentines Day issue. | | Express those burning, churning yearnings from your heart, orany other passionate regions. (As editors, we reserve theright to edit forboringprose orstudent apathy ) cOOp ■ P<~) v I<S ■ ! - ' ! Write yourLove ditty hereandplace it in 512 and watch for it in theFebruary 12thOpinion Valentine's Day issue. \vc> | | f\ \\) From the Cheap Seats by Kevin P. Collins, NewsEditor Afteranekven year struggleagainstSUNY.theGSArecently wontherightto hold a certification election in order to represent the GAs and TAs in a collective bargaining unitto SUNY. All the voteswerecast by December 17,1992 and onDecember 18,1992 theNew YorkStatePublic Employees Relationsßoard (PERB) announced theresult- an overwhelmingvictory fortheunion. Ofthe voters, 85%,or 1936, votedfortheunion, only 338votedagainst The Graduate Student Employees Union (GSA) is an independent local ofthe Communication WorkersofAmerica(CWA)andisLocalNo. 1188/AFL-CIO. TheGSA represents all the Graduate Assistants (GAs) and Teachers' Assistants (TA) in all campusesofthe State University ofNew York(SUNY). TheGSAhas already started its bargaining committee meetings- theywill be held onThursdays at6:oop.m. in the second floorlobbyofthe StudentUnionßuilding. Onesuch meetmgwasheldjustthispastThursday,January29thMaiyS Department, moderatedthe meeting. CarlMontgomery.theGSA President, toldtheunion members ofhow SLTNY isalready using stall and delaytactics to make theGSA wait 5-7 more weeksbefore the actual bargaining table negotiations can begin. He also stated that theGSA bargaining teamwas already in place andthat SteveKeller istheÜB/( i SA bargaining teamrepresentative to Albany. Many otherissues were also discussed at themeeting, butclearly themost important issues forthemanymembers in attendance was health care, protecting die benefits which they now have, and enactingan effective grievance procedure through whicha collective bargaining agreementcan be enforced. The interestinglegal question ofjust exactlywho isthe public employerunder theTaylorLaw thathastobargainwiththe GSA wasanswered by Robert Garnsey turn to Washington, whileBusey and theother I had heard somany goodthings about Under Siege, the new Steven Seagal movie, that I went into me film withhigher expectations than I usually do in an action movie. Regrettably, I have to report thatUnder Siege is one of the worst films ofthis or any otheryear. I'm still scratching my head trying to figure out thisfilm'senormous popularity withcritics and public alike. ofthe film is interestingenough: arenegade, slightly wacked-out CIA agent (Tommy Lee Jones) is in cahoots with a renegade, even more wackedout Navy officer (Gary Busey, who's madeacareer out of playing unstable villains) to hijack the battleship Missouri and sellits nuclear-tippedcruise missiles to some third-rate foreign power. There are two major glitches in the plan, however: first, unbeknownst to the bad guys, one ofthecooks stationed on board the ship (Seagal) isactually aNavy SEAL;and second, the terrorists are unbelievably stupid. You would think that such a difficult operationas hijacking anuclear-armedbattleship would require a modicum ofbrains and coolheadedness. But ,the bad guys here are completemorons, which doesmuch to destroy the film's credibility. Take, for example, the scene deliversarambling ultima- I terrorists gigglelike schoolboys in the background. These guysare professionals? And why, oh, whydid weneed to seeBuseyrunning around theship indrag? These people couldn't take over a lifeboat, muchlessabattieship. The worst thing abc*it Under Siege is its script, punctuated by some of the most excruciatingly bad dv* loguelhaveever heard. (Example: a seaman replies to Seagal's request for help in battling the terrorists by muttering, "Manlain't cut out for this hero shit!") Even the action sequences, despite a couple of deft killings by Seagal, fail to be very impressive. And the film never builds any real suspense, because the vilare so incing. I really didn't care what they even when Joneslaunches a coupleof Tomahawks atHonolulu out ofpure ilains he one bright side in the film is the fforiner;Playmate and Baywatch star leniak, who, despiteher inexplicable ;e on the ship, provides some much comicrelief as Seagal's unlikelyally, id, however, Under Siege isan incred-1 film, a promising idea undone by a script. It'snotSeagal'sfault;noteven Schwarzeneggercould have saved this Ifl werepart ofthe Nayy brass, I'dbe 1 that this film mighthurtrecruiting. Love Blurbs! inThe Opinion's special Valentines Day issue. Express those burning, churning yearnings from your heart, orany other passionate regions. (As editors, wereserve therigliffo edit forboring prose or studentapathy.) Writeyour Love ditty hereand place it inBox 4Bv 512 and watch for it in theFebruary 12thOpinion Valentine'sDay issue. k__ ___________________________J 10 The Opinion February 3,1993 i:oitt*c){> ?AT T.QQi ,t ftJitnuV'i j ofEmployeeRelations for New YorkState. Any questions concerning the GSA orbargaining issue concerns can beaddressed to the GSA President, CarlMontgomery in Room 31OD ofthe StudentUnion Building or at(716)882-7103. 1992'sTen MostWanted byJoseph Belluck 1992wasanothernotableyear forcorporate criminals. Numerous examplesofcorpo- serious human rights violations, including Turkey, Kenya, Guatemala,Morocco, Indonesiaand Nigeria. 6)DuPont,for being thelargest single emitterofhazardous waste intheUnited States, releasing more than one million pounds of toxins daily. 7) GeneralElectric, for diverting millions ofdollarsofU.S.militaryaid intended for Israel. In July, GEpleaded guilty andrepaid $59.5 millionto the U.S. Treasury, as well as a $9.5million fine. 8) TIE. Burger King, forviolationsof childlabor laws. In November, BK agreed to pay the largest civilpenalty in the history of childlaborlaw.apaltry $500,000. TheOrangeJuicelndustry,especially ProctorandGamble's CitrusHill,forcontinuing to useindentured servants on theirfarms. 9)American Tort Reform Association, for lobbying against legislation to restrict the use of secrecy orders in state and federal rate misbehavior and misdeeds underscorethe growingenvironmental,healthand safetyproblems createdby irresponsible andunaccountable corporations. Many ofthese corporate crimes can be attributed to the policies of Presidents Reagan andBush, who werededicated to allowing corporate lawbreakers to double as corporate lawmakers.Here' s a summary of1992'sTenMostWanted' 1)General Motors,formanufacturing and marketing pickup trucks withexplosive gastanks thathave alreadyresulted inover300 deaths. While safety may now be part ofthe marketing vocabulary ofauto companies,GM demonstrated that the car industry has learned very little sinceFord marketed the Pinto. 2) TIE. Time Warner/Whittle Communications, forcommercializing education by producing and promoting Channel One. In tort litigation. 10)TheToy Industry, forignoring fedexchange forreceiving free television equiperal safetyregulations and manufacturing unment, cash-strapped schools contract to exsafe toys thatresulted in 31 deathsand 130,470 pose school children to Channel One's programming,including commercials foravariemergencyroom visits. A special honorable mentiongoes to the ety ofjunkfoodand otherproducts. Among the provisions ofWhittle's contracts are clauses 3rd U.S. Circuit of Court of Appeals in thatrequire itsprogramming to be shown in Philadelphia, forforcing JudgeH.Lee Sarokin every classroom and prohibit individual teachoffacigaretteliability trial over whichhe was ersfrom turning offthe teleyision. presiding. Sarokin, whohad Written discovery McDonald's.lnBoulder, Colorado,two ordersthat brokethe tobacco industry's veilof nutritional schoollunch programswerejunked secrecy, wasremoved forthe' 'appearance of in favorofonesrunby McDonald's. Because impropriety.'' Upon learning ofhisremoval. the McDonald's meals don't qualify for the Sarokin stated I fearforthe independence of National SchoolLunch Program, low-income the judiciary." studentscanno longerreceive freeorreduced1993hasalreadypickedupwhere 1992 costmeals. Instead,McDonald'sallows those left off. So far this year, a major oU spill has studentswhowerepreviouslyreceiving finan- contaminatedthe environment in Scotlandand cialaid to staffits McCafeteria. In exchange theEnvironmental ProtectionAgency hasrefor theirwork,the studentsreceive food vouchleased areport labeling second-hand tobacco ers. For recreating OliverTwist, McDonald's smokeacarcinogen. deserves to be onthe ten most wanted. One wouldlike to thinkthatthe ClintonGoreAdministration willrein vigorate thefed3) Chevron, for polluting the atmosphere in California. In 1992,Chevron pleaded eralregulatory apparatus by putting thereguguilty to 65 Clean Water Act violations and latory cop back on the corporate beat Unfortuwas ordered to pay $6.5 million in criminal nately, anumber ofhisCabinet nominees come fines and $1.5 million in civil fines. fromcorporate backgrounds thatreflectawill4) Martin-Marietta, forpunishing an ingness to defend corporate misconduct and employee for voicing concerns about health help corporations evade justice. Hopefully, and safety issues at a company-run facility in Clinton will beable to say no to his corporate campaign contributorsand put the protection OakRidge, Tennessee. a ofworkers, consumersand die environmental 5) Hill and Knowlton, public relafor over $ 14million the top ofhis list of priorities. tionscompany, accepting from ten foreign countries associated with �The Docket sdfsdfsdf BLSA Events What: Bowl-a-Thon When: February 9,1993 Where: Time: TransitLanes 6 to 8 PM What: When: Where: Time: What: What: BlackHistory Video Series When: February 11,1993 Where: Room To be Announced Time: 6 PM (note: The Series continues on February 18and February 25) What: When: Where: Time: What: When: Where: Time: BarReview Preview Series-Torts Saturday, February 6,1993 Room 106,O'Brian Hall 9:30 AM Discussion- Legacy of Brown v. Board ofEducation February 12,1993 Clinton Hall Lobby 7 PM When: Where: Time: What: When: Where: Time: What: LALSA Meeting February 4,1992 Room to beAnnounced 5:30 PM When: Where: Time: University at Buffalo Black Law Student Association What: Presents "An African-American Cultural Who: Food Festival" When: Featuring Various African-American Delicacies Where: Time: Cajun—Caribbean—SoulFood Cajun-Caribbean—SoulFood Cajun—Caribbean—SoulFood Cajun—Caribbean—SoulFood Cajun—Caribbean—SoulFood Cajun—Caribbean—SoulFood Time: 11:30am Place: The Spine (across from Law Library) When: Every Wednesday in February Plates are $2.00 Prison TaskForce- Mandatorymeeting Will discuss Atticaand Albion Prisons February 4, 1993 First Floor lounge, O'Brian Hall 4 PM BELS Speaker- BruceKershner from Great Lakes United speaking on the proposal to allow logging in Allegheny State Park February 4,1993 Room 108, O'Brian Hall 2:30 PM Presentation- Non Traditional Careers for Lawyers, Part 2. Featuring speakers from NY State Division ofHuman Rights, SUNY Buffalo Student Affairs, and National Fuel Gas. Tuesday,February 16,1993 Room 108 JohnLord O'Brian Hall 5-6 PM The Impact ofthe North-American Free Trade Agreement (NAFTA) on Western New York Jobs James Duncan, Director, United Auto Workers (UAW) / New York State Community Action Program Council Tuesday,February 16that 2:00 p.m. Presented by theLabor and Employment Law Association TBA (probably the Faculty Lounge Room #524) 2:OOPM The Opinion Publication Schedule Spring 1993Semester(revised) Issue V0L33,#9 V0L33,#10 V0L33,#1l V0L33,#12 Day V0L33,#13 V0L33,#14 V0L33,#15 V0L33,#16 Big Three Offer Free Bar Review Lectures "Live" Thethree majorbarreview sponsors, Bar/Bri,Marino,and Pieper haveagreed lectures similar to the ones used in theregular fulllength course, with the bonus that the majority of this program will feature live lectures, not tapes. These programwill befromfour to sixhours and will occur on sue Saturdays during thefirst halfofthe spring semester. The schedule is as follows: to provide substantivebar review SUBJECT Corporations Torts Sales Domestic Relations Contracts Real Property DATE January 30,1993 February 6,1993 February 13,1993 February 20,1993 February 27,1993 March 6,1993 SPONSOR Bar/Bri Bar/Bri Pieper Marino Pieper Marino *Submission Deadline PyMcMfon 1/15 1/29 2/05 1/19 2/02 2/09 Valentine's 2/15 3/02 3/16 3/30 4/20 2/11 2/26 3/12 3/26 4/16 �DEADLINES The deadlinefor submissions for eachissue shall be noon oftheFriday prior to publication. SUBMISSIONS All submission mustbe incomputerform, i.e., written onto an IBM disk(eitiier program1 whichThe Opinion system canread. Please ineludeaprinted hard-copy ofthe submission withthe file name clearly indicated at the top of die fust page. Ifyou cannot provide your submission incomputer form, please submit it at least one dayearlier,typed orneady written,sothat it can be typed into the computer. Ifyou wish to submit a flyer, please indicate on the flyer thatitis Republication inThe Opinion. 1 Ifyoudo not have the abovelisted wordprocessing programs, please contact any member oftheEditorial Boardregarding an alternative. February 3,1993 TheOpinion 11 �BAR/BRI BULLETIN DATES TO REMEMBER EVENT DAY/DATE FRIDAY, FEBRUARY 12 OFFICIAL FILING DEADLINE FOR MARCH 12th MPRE SUNDAY, FEBRUARY 28 Lecture: Room: Time: Tuition: MPRE (VIDEOTAPE LECTURE) Presented by Stanley D. Chess 106 10AM-2PM Free for BAR/BRI enrollees ($75 payment required TUESDAY, MARCH 16 NOTE: - fully credited toward tuition 1) 1993 BOOK DISTRIBUTION BEGINS (Additional distribution days to be announced) 2) CLASS OF '93 - N.Y. DISCOUNT ENDS - $150 ($75 April 14) discount until CLASS OF '94 $150 N.Y. DISCOUNT CONTINUES UNTIL APRIL 14; CLASS OF '95 & '96 $200 N.Y. DISCOUNT CONTINUES UNTIL APRIL 14 - WEDNESDAY, APRIL 14 LAST CHANCE TO: 1) SECURE A DISCOUNTED TUITION 2) PICK-UP BOOKS WEDNESDAY, MAY 19 NEW YORK COURSE BEGINS AT LIVE LOCATION TUESDAY, MAY 25 NEW YORK COURSE BEGINS AT TAPE LOCATIONS SATURDAY, MAY 29 FILING DEADLINE FOR JULY 1993 NEW YORK BAR EXAM BAR REVIEW � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-02-03 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c14ba8b439b5756c33873af73414aede.pdf 8ba9f54530c6574ee1d62b57f677d698 PDF Text Text Volume 33, No. 9 THEOPINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW January 19,1993 DE "GRADE" ATION BySaultan Baptiste After over twenty years ofdiscussion, numerous proposals, and a decision ona new clause was circulated to students during the fall examination period andproduced significant studentreaction. The Student Bar Association initiated a petition drive opposing the immediateapplication ofthenew system garnering a total of474 petitions and a significant number of written comments. President Trezevant thenasked thatthis issue beplaced onthe agenda ofthefirstfaculty meeting ofthe semester later this week so that, "we can correct the apparent oversight ofthe original proposal" President Trezevant stated in an interview that he, "would be dealing with the specific issueofapplicationofthenew grading system to current students." Trezevant explained, "a large numberofstudents believed that any grade change would be phased in, applying prospectively beginning with the entering class of 1996. The students never imagined that a change, ofany kind, would become immediately effective.'' Continuing Trezevant stated, "[that] perhaps the faculty thinks they are making up for lost time after twenty some odd years of discussion and debate without a decision by moving thisquickly." He concludedby saying, "I remain hopeful that we can express our concerns to the faculty and together through dialoguereach a constructive solution to this problem." grading systemat thefinal faculty meeting of 1992, the grading issue will once again be revisited this Friday, January 22,1993 when SBA President Trezevant addresses the faculty. At issue is the immediate implementa- tion oftherecently approved grading system which adds pluses and minuses to the "Q" grade to all current students. Thecontroversybegan over twenty years when the faculty voted to change the ago grading system from onewhich employednumericalrankings to theH-Q format. Since that vote, this issue has remained a sore spot for many studentsand professors as ittouches upon some fundamental questionsaboutthe nature ofa legal education and the role ofthe law school in relation to the practice oflaw. At the las.t faculty meeting ofthe fall semester, the faculty considered a couple of proposed changes in the grading system. Allof those proposals contained language dealing withthetransition from one system tothenext. However, the approval of a change in the grading systemwas not accompanied byapproval ofa transition period, making the new system effective beginning with the spring 1993term. A memo from Dean Boyer explaining thcnewpolicy andthelack ofa "grandfather" - 13 Flee to Florida -Aid Haitian Refugees -LauraVasquez,]PresidentoflLS Inan effortcoordinatedby the International Law Society with help fromKaren thelocal andnational chapters ofthe National Lawyers Guildand the CatholicLegal ImmigrationNetwork, Inc.(CLINIC), 13 SUNY BuffaloLaw students were giventhe opportunity to joinaforce of 120 law students from aroundthe country inWestPahnBeach, Florida to help prepareapplications for political asylum for HaitianRefugees whohave been paroled into the U.S. forayeartopursueasylum claims. Participating law students from all partsoftheU.S. were housed inayouth center provided by C.L.1.N.1.C. in WestPalm Beach where they metwiththerefugees. C.L.1.N.1.C. also provided attorneys to supervise the students'work,Creole interpretersand computers. Each student completed approximately threeapplications for asylum over the course ofone week. Over thecourse ofthe two weeks that the project took place in West Palm Beach, approximately 300 applications for asylum werecompleted by law students from differentschoolsaround the country, under the supervisionofC.L.l.N.l.C.attorneys. Thecases are currently being filed by C.L.1.N.1.C. with the 1.N.5.,and C.L.1.N.1.C. attorneyswill then represent theasylum applicants at their interviews with the I.N.S. which will determine their eligibilityfor obtaining politicalasylum in the U.S.. Students were given the task offillout the necessary I.N.S. paperwork and ing interviewing and taking statements from the Haitian refugees as to why they are seeking political asylum in the United States. As most oftherefugees do not speak english.mostof the interviews were done withthe help ofCreole interpreters who the asylum seekers either brought with them or who were provided by C.L.1.N.1.C. All ofthe students who partici- pated in the project showed great amounts of patience in dealing with the problems and frustrations involved in interviewingthrough interpreters. The students'job was to take the asylum applicant's story ofwhythey fled Haiti and try to show that the applicant has a' 'well founded fear ofpersecution*' in Haiti on account ofrace, religion, nationality, membership in a social group orpolitical opinion (8 U.S.C.S. § 101). Persecution can consist of killing, torture, beating, arrest, detention or any other serious threatto life orfreedom and the fear mustbe shown to be well foundedand have some basis in fact. The HaitianRefugees are fleeing the brutal violencethathas existedin theircountry sincethe overthrow ofdemocratically elected Father Jean Bertrand Aristide in September, 1991. Despite having become familiar with the history ofHaitiand the currentconditions ofviolence thatexist there whilepreparing for theweek in WestPalm Beach, many students who participated in the project were surprised to find out the extent of the violence and brutality recounted in many of their client's stories. At times it was hard not to become Haiti. During the week working with the refugees, I also found thatthose with themost compelling stories stated thatthey would return to Haiti if the current atmosphere of violence were brought to an endand Father Aristide were to return to power. Since the 1991 coup,approximately 36,000 Haitian boat people have been interdictedby the U.S. CoastGuardand detained at the U.S. Naval base in Guantanamo Bay in Cuba. Of this number, the I.N.S. has determinedthatapproximately 11,000Guantanamo Haitians havea credible fear ofpersecution in Haiti. Over 10,700 have been allowed into the U.S. to apply for political asylum. Most of these people remain without effective legal representation and mustrely onlegalaid groups emotionally charged by some ofthe stories suchas C.L.1.N.1.C. which provide pro bono being told by the refugees. According to a legal services to the refugee population. For recent Amnesty International Report, Haiti thoserefugeeswithacredible fearofpersecution in Haiti,their very lives could depend on remains a nation where "lawlessness pervades" and civilianauthorities are "totally effective legalrepresentation before the 1.N.5.. unwilling or powerless" to stop the human Formany, iftheyare sent back, will bekilled. rights abuses spearheaded by the military. All ofthe students who took part in the West Sincelast summer scoresofillegaland arbi- Palm Beach project took theirresponsibilities trary arrests...in most cases accompanied by very seriouslyand according to the supervising torture or other severe ill-treatments, have attorneys, everyonedid agreatjob in preparing beenreported...popularprotests have been fol- the applications for asylum. Unfortunately, lowed by increased repression, including due to the sheer volume of cases and the extrajudicial executions, arrests, harassment lethargy that exists in the process ofapply ing and intimidation". (Amnesty International, forasylum, it is unlikely that the students will Haiti: Human Rights HeldRansom. Washing- beable to keep track oftheirclients cases. If ton,D.CAugustl992,pp. 1-41) Most students they are lucky the clients will be represented whoparticipated in the project in West Palm SeeHaitianpg 4 Beach'found confirmation ofthe Amnesty reports in theircUents'stories. Whilethereare no doubt someasylum applicants from Haiti HIGHLIGHTS whohave come for economic reasons, after 4 hearing some ofthe storiesbeing told during Letterto Faculty the week that we spent in Florida, I am conStudentCommentsonGrades 4-6 2 vinced that most who have taken the risk of Editorial 6 leaving their homeland in dangerous rickety Kennedy's Cartoon boats have legitimatereasons to fear for their lives and safety if they are forced to return to �Opinion Mailbox To the Editor: I usually find John Cody' sadditions to the Federalist Papers amusing and Ido supportfree speech, butI feel he wenttoo far withthe cartoon showing awoman withexposed breasts in the Volume 33, No. 9 January 19, 1993 Editor-in-Chief: VitoA.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh LayoutEditor: GarySimpson Photography Editor: PaulRoalsvig ArtDirector: BillKennedy StaffWriters: Tracy Dale Sammarco, W.F. Trezevant Contributors: JoeAntonecchia, Gwen Carr, Scan Day, Dan Harris,Laura Kniaz, Sharon Nosenchuck, • • • EDITORIAL Multiculturalism— "A Demandfor the Whole Truth " Recently, a great many detractors of what has been entitled multiculturalism have ;mergedand havecharacterized this phenomenon in such terms asunnecessary and dangeroui o the fabric ofAmerican existence. What I find both interesting and disturbing about these detractors is the fact that they emanate from both sides ofthe ideological divide in this country. Two ofthemore prevalen ;xamples are Author Schlesinger, Jr.andRushLimbaugh. In arecent address before anaudience on the University atBuffalo campus, Schlesingei eferred tomulticulturalismas ethnic chauvinism.'' Additionally, hecharacterized thepub he ichool systemas the "great assimilator", expressing the beliefthat the public school systen >rovides those historical accounts whichall Americans can embrace equally. His premise is hat any deviation from the history curriculum that is currently taught in public schools woulc ;reate a rift between cultures that would damagethe delicate fabric we have come torefer tc is' 'America the Beautiful.'' On the other endofthe spectrum is thelesser enlightened analysis ofRushLimbaugh (z ;ontroversial, conservative,radio call-in program host). Mr. Limbaugh believes thatpublic ichools should not include multicultural curriculum, because ifAfrican Americans learn how >rutally they have been treated historically they will engage in direct attacks on white Americans. He further believes, as is illustrated inrecently published book, thatthe continent ofAfrica las contributed littleto nothing ofmaterial valuethathas been instrumental inthe proliferation )fAmerica. Perhaps Mr. Limbaugh hasn'theardof slaves... It isprecisely due to my victimization at the hands ofthe public school system that I itrongly advocatethe implementation ofa multicultural curriculum in public education. I believe that I was victimized because I,as are many otherAfrican Americans, Native \mericans,Latin Americans andAsian Americans,are continually deprivedoftheknowledge hatourforefathershavemadesignificantcontributionstoourwayoflife. Thesecontributions :xtend far beyond the very limited accounts wearerationed as public school attendees. I takeparticular exception to such deprivations because thehistory weare taughtis fraught villi inaccuracies, slanted accounts and out-right lies. Many civic experts claim that history equires some embellishment in order to developahistoryall Americans can embrace. Guess iVhat? Itsnotworking! I and most Americansknow for example, ChristopherColumbusdidnol iiscoverAmerica, I know that whenthe Thomas Jeffersonattempted to amend theconstitution o eliminateslavery thefounding fathers'' declinedinclusion ofthis provision. I know, now, hat duringthelate 19thand beginning ofthe 20th centuryreported lynchings offreeAfrican 100annually. I knownow thatan African Americaninvented the raffic signal. These historical factsas wellas others were some how omitted from my public ichoolexperience. What bother's me is that my parents or the parents of other ethnic children had an )pportunity to play a part in determining the importance of such historical accounts. What mother's me even more is that certain patronizing individuals wouldcontinue to deprive children vhoattend public schools ofa more comprehensive education; onethat is more inclusive ant vould serve to bring moreunderstanding to futuregenerations sothatthey couldevaluate the nistakes theirparents made and improve upon this country'sracial & cultural climate. Inconclusion, this country would benefitmorefrom atruthfulmulticulturalcurriculum it han would from the currentcurriculum that servesto maintain theclimateofignorance which :urrentlyparalyzesournation. We oppose the application ofthe new gradingsystem to currentlyenrolledstudents. We therefore support the efforts oftheStudent Bar Association on behalfofthe students Copyright 1993. TheOpinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited without the expressconsent ofthe Editors. The Opinionis published everytwo weeks during theFall and Springsemesters. Itis thestudent newspaper oftheState University ofNew York at BuffaloSchool ofLaw. Theviews expressed in thispaper are not necessarily those of theEditors orStaffofTheOpinion. TheOpinionis anon-profit organization, thirdclass postage enteredatßuffalo.NY. Editorial policvofThe Opinionis determinedby theEditors. TheOpinion is funded by theSBAfromStudentLaw Fees. The Opinionwelcomesletters to theeditorbut reserves theright to edit for length and libelous content. Letters longer thanthree typed double spacedpages will be editedfor length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus or UnitedStates Mail to TheOpinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo.New York 14260 (716)645-2147 or placed in law schoolmailboxes 223 or 611. Deadlinesfor the semesterare theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary pageare not necessarily endorsed by theEditorial Board ofThe Opinion. 2 The Opinion January 19,1993 last Federalist Papers. There was no legitimate purpose at all for the cartoon. I feel that the Federalist Papers is an importantalternative voice for those not in theliberal majority at this law schoolto express ideas that would not be discussed any other way. The Federalist Papers thus shouldnotbeused asatoolto see how farMr. Cody can push free speech orto seewhether he canshock people. I am embarrassed tobe evenremotely associated withwhat Mr. Cody did in thelast edition oftheFederalist Papers. Mr. Cody willprobably not believethisafter thisletter,butI wrotemyarticles forthelast Federalist Papers because I thought two students were taking certain issues inthe wrong way. Mr. Cody will probablyaccuse meofdoingthesamething concerningthecartoon, butifhedesires that the Federalist Papers be taken seriously, he must show respect for people's feelings and common standards ofdecency. Hehadtoknowtliatthisairtoonwouldoffendmany,ifnotmost, students in this lawschool. The FederalistPapers should haveas itsprimary mission to encourage thp frreflnwof ideas, not pushing thelimitxoffreespeech By putting thecartoonintheFederalist for the only reason ofpushing the bounds offree speech, Mr. Cody made the apparent Papers Federalist Papers seemlike no more than a fringe newspaper. By being editor of anewspaper ofa society where they claim they are dogmatic about tolerance, I assumed that Mr. Cody would not go out ofhis way to allow something in the newspaperthat wouldbe offensive to many in this school. lam not saying thathe should be punished for whathe did;however, I believe he missed the entirepoint ofwhattheFederalist Papers mission should beabout. Thus, whileI am notasking Mr. Cody to quitas editorof the Federalist Papers. I do believe that he deserves a large degree ofcriticism for his editorial judgment. Finally, I want Mr. Cody to know that,as long as heremains editor, I do not intend to submitany morearticles tothe FederalistPapers because we obviously do no tagree on what the goals for the Federalist Papers should be. Sincerely, COMMENTARY: RADICAL LIBERALISM "BAD FOR AMERICA" Although UB Law School'sreputation for radical liberalism is old news to UB Law students, Irecently met some outside observers whose opinions ofUB Law made me stop and thinkabouttheseservednessofUß'sreputation. IsUB Lawtruly "radical?" Andifso,isthis brand ofradicalism good orbad? LikemostUß Law students, I wasapprised ofUß' spredilection for leftistpolitics before applying to law school. The leftist polities'' I waswarned about wasnot simplyan alignment with the traditionalliberalism ofHubert Humphrey and Jacob Javits. Rather,UB was identified as' 'Berkeley ofthe East", embracing radical political thought. Accordingly, UB is viewed eitheras anincubator for innovative solutions to the world'sphilosophical crises orabreeding groundfor subversion ofthetraditionalAmerican ethos. I was excieted about thisfor I knew my ownpolitical convictions and views ofhumanity' sresponsibilities to society would be tested asneverbefore. After on semesteratUßLaw,lhavefoundtheschoorsreputationtobedeserved at the official level, with some exceptions. Most political expressions by the faculty and administration seem to reflect a philosophy that is leftistand out oftouch with grass roots America. Conversely, the studentbody belies the school'sliberalreputationand is insteadmore diverseandrealistic in its outlook onsociety. I further believe thattheradical liberalism atUB Law is an inherently bad philosophy although exposure to its flaws can yield positive effects. The observations that follow delineatethe reasons for my unfavorable assessment of radical liberalism andare necessarily critical ofsome professors. Iintend no disrespectfor my academic mentors. On personal and professional levels, I have found my professors to be amicableandhighly competent My criticism isnotsomuchashowofdisfavorforany particular professors as itis a disagreement with theradical liberalism thatmany professors propagate. Itisnot only theprofessors' insertions ofliberal politicalviewpoints duringclassroom discussions thathas confirmedforme the school'sstanding as a bastion ofliberalism, butmore significantly, itis the method employed by these professors to delivertheirviews whichyields the confirmation. This method actually makes some caricatures of liberals seem mild in comparison. It demonstratesafundamental characteristic ofradical liberalism: the policing of expression to ensure "political correctness", according to radically liberal standards. Althoughl hadreadaboutmanifestations ofpolitical correctnessbyradical liberals onuniversity campuses before entering law school, I didnot expect itto beasreadily apparent as it is atUB Law, at least on the official level. A primary example ofsuch political correctness is the way some professors choose to their distaste forpolitical conservatism. Rahter thanintroducing a topic on the position of vent certainpoliticalleader for discussiononitsmerits, some professors willsimplymock theissues a orpersons they deem politically incorrectby some derisive, scornfulreference to the same. This "hitand run" method of discounting opposing viewpoints reveal the professor's arrogant conclusion that onlyan intellectual Neanderthal would support the position orperson thatthe teacher has deemed politically unacceptable. Mypersonal choice for last semester's humdinger o fall stereotypical, politically correct statements hastobewhenondiscussionofthetrialofPresidentßeagan'swouldbeassassin John Hinckley was begun by the professor, in a failedattemptatblack humor, statinghis regret that Mr. Hinckley was sucha' 'poorshot'' Notsurprisingly, theprofessoruncourageously foreclosed any chance for certain student indignation by declining to discuss his inflamatoryremark lest any "Republicanpassions'' bearoused. As far as I am concerned professors have an inviolableright tomake blatantly irresponsible remarks or derisive comments about politicians to whom they may be unendeared. Political correctnessrearsits uglyface whenintoleranceis exhibited toward thosewhocriticizethe gods oftheleft or dare to question the sanctity of favority liberal causes such as affirmative action ormuluculturalism. Can one evenimagine the cacophony ofprotestthat wouldensue ifastudent . RacicalLiberalism, Continued onpage 6 Deadline for next Issue: Friday, January 29 1993 Leave submissions in Box 223 or Box 611 �SBA BRIEFS Trials SBA GradeProtestand Welcome Back Features Editor By Natalie A. Lesh Features Article Ithoughtthatl would writeaboutsomehing a little different than usual for my last features article: a law school issue. Two ssues, actually, ifthey giveme enough space. First, theCorporations situation. Apparintly, the Law School Administration is punshing those third-yearlaw students who chose lottotakeCorporationswithProfessorSchlegal indwhodidn'tgetalow enough lottery pickto ake it with anyone else. Anumberofthird-yearshaveapproached various members ofthe Administration with he suggestionthatanother section ofCorporaions be opened up this semester, given the ;xtensive waiting listfor Professor PitegofFs fersionofthe course, as wellas the importance )ffhesubjectforßarExampurposes. Asmost >eople know by now, the idea was rejected. Dnewoman was told thatthere wereplenty of impty seats in Professor Schlegal's class and hatitwasherownfaultfornottakingtheclass vhenitwas taughtby him. She wasadvised to mrchase abookon Corporations and to teach t to herself. But that is exactly what she was rying to avoid by not taking Professor Schlegal's class. The unwillingness ofthe Administraion seems even moreridiculous givethe fact hat Corporations isnow being taughttooneof he first-year sections. It is obvious that one ;ure for the problem oftoo many third-years leeding acertain core courseduringtheir final ;emester is to offerthatcourse to them before hen,likewhentheyarefirst-years. Whilethis jffortto addressthe problem isadmirable, itis lnnecessary and unfortunate thatthe present hird-year students are being sacrificed to a iolutionwhose benefitswillnot bereaped for wo more years. Further.ProfessorPitegofrsmethodof selectinghis class this semester deservescomment. In order to obtain aplace onhis waiting list, each student had to write him a letter, explaining why he orshe wanted to take Corporations. Personally, I opted forthetruthand said that Iwanted to take the course in order to preparefor the Bar Exam. Even though I was third on thelist, I wasnotamong the handful of students chosen to be in the class. Alas, I probably should have professed a deep and intense love forthe subject. (Justsoyouknow that this isnotsourgrapes,Ididn'treally try to force into the class afterthat,and I don' treally mind that I'm not in it. I have put my faith in Bar/Bri.) A few thingseem clear: 1. Studentsare not beating down thedoortotake Corporations with Professor Schlegal; 2. In the past two years, Corporations hasonlybeenoffered twice by instructorsother thanProfessor Schlegal; 3. Corporations isakey course to prepare students fortheßar;and,4.Too many Buffalo third-year law students will be taking the Bar Exam without any prior exposure to Corporations, except that obtained during theirbar review course. lalwaysthoughtthat schoolsand universities were created for the purpose ofserving and educating its students. It isdisgustingthat anadministration would ignore therealities of a situation like the present one, and deny its studentsan important part oftheir education. Many students, myselfincluded, came to BuffaloLaw because itwas notnecessarily a "bar school." Buttheopportunityforamore liberal education should not mean the denial ofthe opportunity totake core bar courses. Afterall, I would guessthat the majority ofpeoplewho go to law school will take the Bar Exam, and thateveryone who isplanning to take the Bar Exam would like to think that they will be passing it. At Buffalo Law, we are not so assured. The Law School will be the ultimate loser. Forthose about to enterlaw school, the optionofa "critical legalstudies'' education will be less attractive than the guarantee that they will eventually pass the Bar Exam. A law school's bar-passing rate will become moreandmore importantas greater numbers ofpeople head for law school and a legal career. Additionally, there is the financial aspectofmamtaining happy students. Ifpeople graduate from law schooland feel that they havereceived a quality legal eduction, they will demonstrate their appreciativeness by giving back to that school- by making monetary donations. Onthe otherhand, ifthey are not satisfiedwiththeireducation, the contributions will indeed be slim. The next issue: the new grading system. (I'msorry forbeating adeadhorse, but I justcannotbypass thisopportunityto add my twocentsworth. I promise thatl willbe brief.) The new system should not apply to any enrolledlaw students. It should begin with next year's entering class. Period. Asthoseofyouwho havemade it to this point in the article may have noticed, at the beginning I said thatthis is my last features article. It is. Myreasons forresigning from TheOpinionare personal,and I therefore will notgo intothemnow(oratany othertime, for thatmatter). Butlwould like to thank everyonewhohas commented, criticizedandread my articles last semester. I know that my ' 'stream ofconsciousness style may sometimes havebeen inappropriate forthis forum, not to mention difficult to read and understand. So, again, thanks forreading. Bye. Party The first SBA party ofthe semester will ake place this thursday, January 21,1993 at vlulligan'sniteclubonHertalAvenue. Itwill jegin at 8:00 p.m. and run until 11:00 p.m.. \dmission is $3.50 and this covers dancing, food and beer. Make the grade this semester with theright connections. Student BarAssociation Meeting A meeting oftheBoard ofDirectors has been scheduled forWednesday, January 20, 1993 from 7:00 p.m. to 10:30 p.m.. These meetings are open toall students. Check the bulletin board outsideroom 101 for thelocaStudentActivities Calender Now located in the SBA office are monthly calenders on which all events and happenings in the law schoolare listed. We have implementedthis process withthe hopes that we will be better able to coordinate the activitiesofstudentorganizations, thuseliminating conflicts and promoting thebetter use of our limited resources. If you have any questions or concerns orwould like to have your event listedon the calenderjustdrop by the office. StudentGroups Please be advised that located in the SBA office, Room 101 O'Brian Hall, are binders for each ofthe studentorganizations. Wewouldlikeall the organizations to submit any events orhappenings they have planned including copies offlyers or other promotional materials for inclusion in the binders. We are implementing this process in the interestofcreatingahistory oftheactivities ofthe student organizations,for thebenefitoffuture members ofthe organizations andthelaw school. Ifyou have any questions orconcerns stop in at the office. DO YOURSELF JUSTICE Study with Pieper...and pass. PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1 -800-635-6569 or 516-747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Teske January 19,1993 The Opinion 3 �In the August 19, 1992 edition ofThe Opinion, newly appointed Dean Boyerwrote the following: " It is a great pleasure to welcome youto theBuffalo SchoolofLaw. Allof us on thefaculty vividly remember our own firstdaysinlawstudy.andthehopesandfears that we brought with us to law school. While thereality was very different from whatwehad expected on our first day, law school was a powerful experience forus—exciting, frustrating at times, and always demanding. Itopened ourminds to new ways ofunderstanding our society and it defined newroles for us to play intheworld. Wehopethateachofyouwillfind comparable challenge andreward in your legal education at Buffalo.'' Dean Boyer continued with,"... TheßuffaloSchoolofLawischanging also, to prepare its students to excel in this emerging legal enviroment Asmembersof the Law School community,you areinvited to participatein thepreparation ofthatplan, and to setthecourseforgenerations oflawstudents that willfollowyou. '' (TheOpinion. Volume 33, No.l August 19, 1992, "Dean Boyer's Messageto lL's") [emphasis added] I have afew thoughts. Overthe past semester, I have attempted to fosteran atmosphereofcooperation, respect and trustbetween the Student Bar Association and you(theFacultyand Administration). This approach has taken a great dealofmy time and energy yet it was necessary to create the kind ofcooperationand interplayDean Boyerwrote ofabove. For my part, I was willing to and indeed did have to make some controversial decisions (re: the mailroom) believing that these decisions were the best possible ones in order to accomodate the needsofthestudents and assist you (the faculty andadministration) insolving some graveshort-term problems. The systemwillmake the grades on my transcript seem inconsistent. Even with an explanatory paragraph, you're assuming that employers will take the time toread it which is highly doubtful. I give aqualified vote for the proposal. Although the new system is not the A B C D F system I would haveliked, itsanimprovement ontheHQ*QDFsystem. I seenoreason why it should not be implemented for first years beginning with their first term. However, it wouldbe unfair to muckuppeople'stranscripts with two(lifferentkinds ofgrading systems and hence vote with the second and third years againstimplementation for them. I camehererelying onand withknowledgeofthe "current grading system". Iwas satisfiedwithitand inreliance on it, I selected this school. We have all heard arguments for and against it, butto change systems in midstream,when some(may be only asmallmajority,but asignificant number)haveingood faith relied on the system currently in practice is wrong. Ifsystemsmustbechanged, start fresh with an entering class thatknows what they are getting. To betray me, andall thelaw students (some for and someagainst) isa breachby the law school and a betrayal of my trust and reliance that I have paidcompensation for. We had a contract. Although I personally would prefer a normal grading system, thefact is aconsiderable number of students chose U.B. for this policy (thatI know of)andit seems inherently unfair to change the system ifthey made their choice of schools based even in part on that consideration. Oneofthe majorreasons I came to U.B. was the H-Q system. Any change now will be unacceptable. Idon'tthinkatranscriptorGPA would be very informative if 1 /2 ofit is done viaone grading policy and the rest via a different grading policy. Ifitwerechangedforincoming students, at least their whole school career will be calculated/demonstrated v iaa uniform and consistentgradingpolicy. Thank You. The new grades don't answer theprob- The Opinion 4 A Letter To Our Faculty During this process, I felt thatthis cooperative spirit would permeate the old walls surrounding you (the faculty) allowing fornew inroads ofdiscussion outside oftheclassroom on issuesthat concern usall, namely the directionofthelaw schooland the solving ofsome of the more severe problems. While this approach has produced some cooperation, it apparently has fallen on your deafears and closed minds on perhaps the most important issue ofall, grades. For nearly twenty-four years students and faculty alike havebeen grappling withour grading system. The paper trail ofthis issue was collected and condensed into a reading packet withpink covers suitable forsale inour bookstore by one of our prominent faculty members. Previously, you refused to reasonably consider and address the concerns ofthe students on the issue o fgrades,rather, you simply refered the matter for further study. This issue wasstudiedforanumberofyears. Finalfy,you decided to seriously consider the issue ofour grading system during yourlast faculty meeting ofthefall semester when students were in the midstofexaminations. Atthis meeting, the unthinkablehappened. You decidedtonotonly changeour grading system, but to implement the changes immediatelywithouta blinkofan eye. Although every grading systemproposal beforeyou at thatmeeting had asection on the time period needed to phase in a particular system, the one eventually adopted did not. We students now find ourselves in the unenviable position of having to plead the reasonableness ofadopting a transitionperiod from one grading systemto the next. This we must do despite the positive community-orientedrhetoric contained intheDean' s opening remarks. I have attempted to discuss this issue withsome ofyou only to betreatedas ifI were asking you to cutoffyour only arm. I can not believe that we students have to put so much effort into proving something which is selfapparent to the rest ofthe world, namely that change must be accompanied by an orderly process. [The most striking example ofthis is the orderly change going on in Washington D.C. this week] How can you faculty members be so oblivious to the real-world results of your decisions,and given an opportunity to rethink and modify your choice for the benefit ofall, remain so steadfast? The larger implication ofthis recent decision is a disturbing one for me. The message which you have sent is essentially, "All that discussion ofcooperation, support, listening to and addressing each other'sconcerns, in short that dialogue we said we were creating wasjustconversation... Don'tworry aboutit." How can I orany other studenthonestly feel thatwe can bring ourconcerns before you and have them listened to? How can I or any other student trust that our interaction with a faculty memberwill notendup in ourown selfsacrifice? Howcan I orany otherstudentleave thislaw school, ouralma mater whichyou will beasking us to donate to as soon as next year, FIRST YEARS lem created by the old system (what do they stand for?). The new system will thus create more cut-throat competition withouthelping U.B. Law students with explaininggrading to potential employers. Either leave the system alone, orgoto an A B CDF scaleand doitright! One ofthe primary reasons I chose to attend this law school was because of its grading system and thus its less competitive atmosphere. I came tothis law school with the under- standing that the grading system would be based on theH-Q system. Idon'twanttherules changed in the middle ofthe game. I like the systemas itis andthinka new systemwilladd confusion to interpreting my transcript. By implementing a change in the grading system on current students youare adding a further wrinkle in an already difficult to decipher system. Thiswouldcauseanalready puzzledemployertoushermeoutofhis office and so would serve in effect to cause current student's transcriptsto becomevirtually illegible. Do wehaveasimplepass/fail system or don'twe? A hybrid system such as therecently adopted one retains the disadvantages of a traditional grading systemandofthepass/fail system without theadvantages ofeither. My preference is for a Q/F system, but I can live withH'sforsuperiorperformance.lf.however, the faculty chooses a system other than the present one (without Q*),then it should bea traditional A-F system that everyone can understand andto whichtraditional standards can beapplied. Thesystemrecentlyadoptedbythe faculty is in myopinion an unfortunate choice that I hope will be reconsidered. Even so, I think thatwhateversy stemisadopted, itshould notapply tocurrent students who enrolledwith differentexpectations. Where'sthememo asking forsupportof implementing the grading system on current students? Anyone who knows the slightest amount concerning higher education knows that a non-competitive grading system only accomplishes one thing: breeding mediocrity. This is the reason why so many colleges/ universities are abandoning the optional pass/ fail system used in some classes. The H-Q systemwill onlyhurtU.B. Law schooland its students. I completely disagree with your stance opposing the change toA-F and opposing the implementationofthe Q+/- system on current students. U.B. does not exist in a vacuum; just because we can live for three yearsmanon-competitivemvironment, doesn't mean this will continue in a marketplace wherejobsare scarce. There will be an additional 2 3 3,000lawyers in this country by the year2000. Most, obviously, will notbefrom U.B. or an H-Q school. This will only be a liability forU.B. gradsbecause 1)Employers will take the devil they know (a "C" student or"B"student)over thedevilthey don't("Q" student? -what's that?) and 2) Competition, whemeryouthinkitsgoodorbad,isreaUtyand ifpeople don'tlikeitmaybethey shouldn'tbe in lawschool. Pleasereconsideryourpositions on thismatter. Thanks for your time. I believe itis unfair to changethe grading system mid-term. The students, without fairwarning, are thrown into unfamiliarterritory. Ifa changeis to bemade at all, it should be prospective to future classes, beginning with the class of 1996. Onefactor that strongly influenced my choice ofU.B. Law was its informal grading system. I came fromanextremely competitive undergraduate setting,and Icertainly wasnot anxious to rejoin such an unhealthy atmosphere. I appreciate the notion that students can police themselves and learn as much as they wantto withoutthepressuresofgrades and are giventheirfreedom to joinin extracurricular activities such as the DVTF and Prison Task Force and clerkships. I opposethe implementation ofthe new grading policy on current students. Amen. Q's are hard enough to sell toa prospective employer. + and -'s would drive us and themcrazy. Ifweneed to establishclassranks, etc., return to the traditional ABC DF system, otherwise leave italone! The "new system shouldnotapply at ajl, butifyou' ye decided to doitanyway, don't impose itonme. IfH-Q is good enough for Yale, it'sgoodenoughforU.B.. witha familial memory orsenseofconnection when you the faculty are striking at our most sensitive issue at the very point in time when it is most important to usbecause ofitsimpact our ability to eat? I President Bill Clinton said on the camgn trail that insanity was doing the same thing over and over again and expecting a differentresult. If you as a faculty member believe that this is just another one of those decisions that students willbe upset aboutfor a little while and then forget about, I suggest youread theunedited comments ofthe students themselvesfora "realitycheck". Imightalso suggest that you ask Alan Carrel what the averagepercentageofAlumnigiftgiving isfor ourlaw school and what the national average I writeall ofthis as I remain hopeful that faculty's position on this issue isthe result ot a concious decision butrather alack of communication between us all. And thatby airing these concerns, we all may once again resume the course ofconstructive problemsolving, mutual support,and an increased commonunderstanding. I As a parting note, I have always been htand stillbelieve thatresponsibility and erarenotmutually exclusive. Infact,ithas been my experience that not exercising the power one possesses is just as crucial as the opposite. William F. Trezevant President StudentßarAssociation By accepting the law school's offer of enrollment, werelied uponthe H-Qsystem for our grades. This proposed modification violates thatinterest. Furthermore, this isnot the A-F system. Adding Q+andQ-willnot gain Help Wanted Do you Uiinkyoucan writefeatures more interesting than Natalie Lesh? Do you think you can draw bettei lhan BillKennedy? If you think you can write articles that people will wantto read, then come join the'pinion. '93 Inaugural meeting January 20. 1993 Time: 2:00 P.M. R00m724 HaitianRefugees.. continuedfrompageone byCL.I.N.I.C. attorneys beforetheLN.S.vWthin the nextyear.buttheprocess couldconcievabry takemuch longer. As coordinatorofthe projecthere at SUNY, I would like to thank each of my colleagues: Rob Cisneros, Suzanne Cruse, Deborah Greitzer, JuliaHall,Joseph Hughes, Nancy Johnson, John Martin, Sharon Nosenchuck, Michael Radjavitch, Paul Roalsvig, Darryl Salas and Bob Sisson, for generously sacrificing a week oftheirwinter break,fortheirhard workand fortheirdedication to helping the refugees get much needed legalrepresentation. I wouldalsolike to thank Karen Spencer for her help in training the students. Everyone worked very hard, and I hopethat everyone hada positive experience and foundsome time to enjoy the suninFlorida as well. C.L.1.N.1.C. has expressed an interest inpossibly continuing theproject withlaw students over springbreak,as well asrepeating the Florida program next year over winter break (ifthe need exists). In addition,another project coordinated by Yale University law students is looking forlaw student volunteers to act as pen pals for HaitianRefugees being detained in Guantanamo without effective legal representation. If you are interested in beingapenpaLpleasecontactmeatßox#B22. �The most precise grading system possible has inherentinequities because ofdifferences in professor's grading, differences in tests from year to year, the courses selected afterfhefirstyearandete. H and Q witha* has itaboutright. Future employers might read my transcript andassumeprevious "Q" grades were asteplowerthanasubsequent"Q+". Ishould notneed to explain the change in the grading system to them. Adoptionofthenewpolicyfor current students will create unnecessary confusion and trouble, not balanced by any possible benefits. Iprefer H-Q system. The new systemis ludicrous. If you want more delineations, restore a traditional grading system. Let us avoidmickey mouse games. To me, the new system is a de facto traditional system, but without any benefits as for as a prospective employeris concerned. The Opinion said thereason the grading system is being changed is because the studentsdon'tlikethecurrentsystem. Theanswer isn't to change the whole system; make the gradesinthe currentsystemmoreeffectiveand meaningful. Make professors more accountable for the grades they give (and when they givethem). Implementing the new grading system tocurrentstudentsisridiculous. Anygrading policy changes should affect incoming students. I have discussed this issue with some influential members ofthe legal community andthey agree. It is hard enough to explain the H-Q system as itismuchlesshaving to explain two differentsuch systems to prospective employers. The gradingsystem is difficult enough to explainto perspective employers. Changing it in the middle ofour law school tenure will make this even worse! I am willing to help fight this change. Thecurrent grading systemisconfusing enough. I startedlaw school under the H-Q system and itis a chore to explain that system topeople whoneed or wanttoknow; now the administrationis going to require a threepage memo to explain the grading system! Maybe I'll justuse that memo as a writing sample... Ifitisgoingtochange.makeitAßCD F. Please don't change the system in the middle ofmy program. I have already had to explainmy transcript to prospective employers will Ihave to explain two? What is the benefit ofthis change tome? I canonly see this as a handicap or detriment to my employment prospects. Thankyou. I thinkH-Q would be better- Butthese new changes shouldnotbe applied to anyone butincoming firstyears. I decided to attend U.B. law partially based upon the grading system whichallows foranatmospherewhichisnot "cut-throat". It would not befair to force the new system on persons 1 12way done. It should be an easy administrative matter for A& R to indicateon ourfinals what class we're in. Not grandfathering current studentsleaves us witha strange, mixed transcript. Especially for many studentshaving a hard timefinding jobs, its a bad idea. Thenew hybridsystem makes no sense. I think the system should remain the same or change to a letter grading system. The proposed changes are going to beextremely difficult to explain to prospective employers. At any rate, I do not think changes should be instituted until the start of a new academic year, at the least. It's simple: 1)It'sconfusing havingQ andQ+, Q-, H- whathave you on the sametranscript. 2) If I get a Q+ next semester, it's going to makethe Q's I got look badand same applies to an H+ compared to my previously received H's. 3) The marketplace is very tight, competition is fierce for jobsand many employersreceivinghundredsoreven thousands ofapplications will simply not deal with figuring out thisalphabet soup ofgrades nor will they take time to peruse some intricate "grad- — * SECOND YEARS ingkey". Many studentswon'teven get interviews to have the chance to explain these eccentric grades... its tough enough already, I've been through it! The system is confusing enoughas itis itis too much to expect that employers are goingto wantto listen to even moreabout the uniqueBuffalo grading system. This shouldapply only tonew students. U.B. studentsfaceenough obstacles in obtaining any sort ofgainful employment without adding the necessity to further explain an arbitrary grading system. Ifyou must change the grading system, why not go to something understandable? A B C DF withclass ranking? Having a newgrading system applying to current students would only make it more confusing forprospectiveemployers. The new system completely subverts the intent ofa pass/fail honors system. The faculty has backed offa true letter grade(depriving us ofthebenefits ofareadily understandable grading system) whilealso sneaking away from the benefits ofthe old system ( sacrificing morerecognition fornear-H efforts in ordertoprotect usfrom near-D fiascos). It SUCKS OUT LOUD and combined with Blum's lawsuit, theretirementofLouDelCotto, andotherfactors (like funding) are endangering thereputation ofthe school. The inconsistency on our academic records wouldlook very unprofessional. Itwould beacceptable ifthe law school wouldinclude a statement withour grading transcripts re: the change. The grading system isalready aconfusing system for employers to deal with. It is grossly unfairto implement such a change on existing studentsbecause students(especially secondand thirdyears) will have to contend withnot one, but two confusing grading systemson theirtranscripts. Anemployermaybe disinclinedfrom hiringU.B. law students because it may not be worththe effort to try and translate theU.B. grading systems/factor comparable to other law schools. (i.e. ifaU.B. law gradand another grad from acomparable law schoolbothcompete forthe samejob,and both have similar writing skills,personality, backgrounds, suits etc., I find ithard to believe an employerwould make the effort toattempt to comparethe U.B. student's fcvo grading systems to the other student's single system, especially if the other student presented an easy to understand A-f gradedtranscript) Since I am a transferstudent, my grades would be so confusing to an employer that it may be adetriment to finding employment. What wasmepomtmopeningthevoting to the student body? Obviously since the chosen gradingsystemreceived only 7%ofthe students' vote, littleconsideration was given to their wishes. It will make grade explanation during interviews a nightmare. It will also make employers confused and doubtfulabout the student's abilities. If the faculty had voted to adopt the AF system, itwouldhave been phased in withthe entering classof 1996 due to dissimilarity to the H-Qsystem. Thenew system isas dissimilar to the currentsystem as theadoption ofthe At least grandfather the grading and start the new grading with the first years this semester. Yourproposals are ridiculous. YOUBLEW ITMAN. Difficult to explain as is, and will be even more difficult to explain two different grading systems on a single transcript. Iwouldpreferaconsistentgrading system on my transcript. The grading policy should be grandfathered in. Ourtranscripts (current second yearstudents) already show Q*. Tohave to furtherexplain' 'pluses" and' 'minuses'' to employersis bothersome. Inmy opinion,thenewgrading system is evenmoreconfusing than the previousone. If the grading system is to be changed, make a real and practical change to 1-4 or A-f system. Otherwise, leave italone! As to implementationof thenew gradingpolicy on currentstudents, this wouldbean unfairand imprudent measure. Currentstudentswouldbe faced with the prospect ofexplaining not 1,but 2ridiculous and confusing, notto mention arbitrary, grading systemsto prospectiveemployersand other graduate/professional schools. Irealize it'sasking alot, but whynotjust thisonce can't we march tothe beatof the sameold drum??!! Itwill be disruptive during an interview to try to explain why a transcript has both "stars'' and' 'pluses'' on it. The star system should stay inplace for upperclassmen, while the plus/minus system shouldapply prospectively to future classes. Why have Q+or Q-? I think this is a stupidmistake. Whynotreturntoatraditional gradingsystem with A's,B's, etc.?Listen, one ofthereasons I decided to come to U.B.Law school was the' 'non-competitive nature of its grading system. Areyou going to change thisnow? Why notwait forupcoming classes one or two years down theroad? Thanks!! I do not oppose the new grading system in general,but strongly oppose the implementation. It will add confusion to an already unusual grading system as wellas making any Q' searnedthus looklike afarlower grade than they represented at the time they were given. If the new system is imposed, it shouldapply to incoming classes only. I do not takeissue withthe merits ofthe proposed grading system, onlythe implementation. Particularly forsecond years, this is an undueburden. Tohave the system altered and imposed mid-way though our law school careers isunfair. Employersareconfusedenough already. "Don'tchangetherulesinthemiddle of the game." Please don't apply the new grading system withoutagrandfatheringprovision. Changing grading systems now would only add to the already present confusion of trying to explain ourgrading systemto employers. Moreover, it would make our present grades look mediocre. Also,itdefeatsthenoncompetitivenessofburpresentsystem— something which drew many students here in the first place. I entered law school with the understanding thatlwould be graded onastraightHQ scale,and in all fairness, I expectthis policy A-Fwouldhavebeeu Fortiiatreasonajojisthe to continue to apply to me. Additionally, new system should notbe implemented with confusionmayarise when computing my first respect to current students, only to ensuing year grades with my second year grades. students. ***WESHOULDNOTBEGRADED I oppose anychange inthe grading sysUNDERTWODIFFERENT. VERYDIFFERtem. The grading system was explainedto all ENTGRADING SYSTEMS.**** of us before we came and was possibly a It is difficult enoughto explainourgradcriterion in our decisionto come here. Those ing system to employers much less to have to who don't like it could have chosen to go now say I mighthave had aQ+ in this class somewhereelse. becauselwasatthetopofthecutoff. Letusbe Ourgrading systemisalready confusing consistent with something. Thissystem should toemployers. A systemwhichdoesnotimpleonlyapply prospectively! mentthe traditional A-F system, butonly adds A change in grading would be yet anfurther confusion to our currentsystem, shall other thing to explain toprospective employprovide uswith no added benefit in the comers. petitive marketplace, and will certainly be Do weneed to confuse prospective em- remembered by all ofus as potential unemployers even more? ployed alumni donors!! It's inconsistent to apply the new system Oneofthereasons I came to thisUniverto students whohave already received grade sity was becauseofthe grading system. I feel from the University. that by changing the grading policy in midEitherand A-F orPass/Fail, notmixed. — stream, I was deceived by the law school catalogue's false advertising with respect to the grading system. Overall, I think a change to an A-F system would not be completely unacceptable. TheproposedchangetoanH-Q+/- further confuses an already nebulous grading system. In any event, any changesto thegrading system should begin with nextyear's incoming class and should not apply to studentsalready enrolled. Additionally, many current students, including myself, wereattracted to U.B. for it grading system. A change to the system applicable to these studentswouldbe wholly unfair. This new grading policy defeats the purposeofeitherH/QorA-F. ABCDFisthe preferable system of-course. Also, if this system is imposed onthepresentstudentbody, not only would wehave to explain the ridiculous H/Q system, but it would also reflect poorly on grades received to date (i.e. there would be no +'s appearing on record), GET REAL— Changing the system now will make transcripts more confusing. Employers may misinterpretold grades(i.e. Q underold system would be viewed as a lower gradethan a Q+, whenthere isactually no distinction.). I feel that changing grading policies halfwaythrough alaw school careerwill make explaining ourtranscript to employers whoare already unsure ofour system thatmuch more difficult. Along the samevein, howarewe to explamthechfferencebetweenaQinfirstyear, and aQ+ in secondyear. Finally, I came to this school because the pressure ofsuchagrading systemwas not possible. The administration shouldgivestudents achoicebeforgthey enroll about the gradingpolicy,and not subject them to changeafterwards. I am strongly opposed to implementing the plus/minus systemon the present student body. We shoulddefinitelybe grandfathered. I am happy with the current system. Furthermore, if the system should be changed in the future, itshould bean A-F systemto make U.B. competitivewith otherschools. Again,I think it's very unfair to change the policy now, because it will be confusing to prospective employersand there isno justifiablereason for this. There'sbeen concern aboutchanging the grading system foryears, butto push this new grading system throughprior to exams, without providing students with notice to voicetheir concerns isunfair. To preface, the new system is but a halfway measurewhich willaccomplishnothing and act only as a meager band-aid to the infirmities ofthe old system. Butifthisisthe changetobe implemented, andarguablyitmay be beneficial, it simply must be applied prospectively To dootherwise would bepreposterous and run counter to precepts of basic fairness. 1)Application to the present student body will conspireto create further burdens on students seeking employmentby transforming an already arcanesystem into something laugh- . able. Theburdenofnegative presumption and need forexplanationtoprospectiveemployers is already heavy enough. 2)Immediate application would create unfounded and inequitable differences between students taking courses this year and those taking the exact same coursesnextyear.Offering diflerentgradesfor equal work is worse than the occasional appearanceofme gradeat the prerogativeof the professors. (Imagine, "Well, sir/ma'am, thatisaQ. Butlmustpointoutthatitisal992 Qandnotal993Q..." 3) Finally, the immediatechange is contrary to proper notice. Students came to the law school with certain expectations created by the institution. This bait and switch game is unfair to those who acted on such expectations. I very clearly understand the disclaimers made by the institutionandthatchanges inacademic policy are withinits discretion, butasstudents ofthe law, we all know that there can be a difference between whatis permissible and whatis proper. January 19,1993 "*" The Opinion 5 - �can actually tell the differencebetween Q-, Q, Q+ and then we should institute the new system! Just see Bill Kennedy's Opinion car- toon. I understand that the proposed grading system change is to aQ+/-basis. Notonh/will thisbe confusing for thecurrent students who must explain the already unique system to employers, but itisa needlessperpetuation of the myth that there is not an A-F equivalent. Forthe benefitoffuture students, please convertto a conventional grading system! Definitely shouldnot be applied to third years!!! That's totally ridiculous!!! I like the current system. Transcriptwithamixedgradingsystem will furtherconfuse already confused employers!!! Change to A-F orPass/Fail Youshouldapply the new system consistently, ... to first years. Unfairto haveour transcripts beahodgepodge. Besttostart fresh with anew firstyear class. This shouldnotbechanged in themiddle ofa school year. Itcertainlyshouldnoiapplytothirdyear students who are about to graduate afterfive semesters ontheprevious grading system. Our transcripts already require enough explanation. Don'tmakeitmorecomplicated, Please!!! I feel this would confuse employers. Itwould beludicrous to apply to current students!!!!!! Itwouldbeanunfairtoburdenuswithyet another grading system to explain. Please show the students some respect. I objectto changing the grading system. This will only confuse the transcripts even more especially for third year students. Ourtranscriptsare confiising enoughto employers as itis—why add more worthless confusion! Implementingthe policyonthe existing student body will only serve tomore confuse the local employers!! Not for the third years at least. One semester of six with these grades is stupid. OPPOSED!!! I feel that dienew system should onlybe implemented nextyear, not mid-way through this year. It wouldbeludicrous to have one semester ofthe new system!! Please.... mylife is complicated enough already.... The new grading system should only apply to incoming first years, (i.c next year) Thealternative isfar too complex andconfusing. It hardly seems fair tochange evaluation methods inthe midstofone's academic career. I have no doubtthatI'd be aided by the change; however, tryingto explainour grading system is already an undue handicap in seeking employment outside the Buffalo area. I agree—to impose thenewsystem upon currentlaw studentswould onlyheighten current confusion re: grades/grading policy. I advocate amore meaningful gradingsystem, one whichadds credibility to this school. If you are going to change the grading system, please change it to A B C D F. The problem with the current system is that it is cryptic. The proposed change isjustas cryptic as the present system, maybe even more so. Furthermore, changing the system for current studentswill make ourtranscriptsveryconfusing— any pre-changeQ'swillseemlowerthan post-change Q+s. The onlyreason I came to thislaw school above otherlaw schools was to getaway from the competitiveness and cut-throat mentality soprevalent in my undergraduate university and schoolsusing the standard gradingprocedure. Students should be warnedofthe grading policy before they decide to apply. Students who have already matriculated have done so with the understanding of having the H/Q system. To alter the forms of die agreement nowcould be considered a breach ofcontract. Simply changing schoolsat this point may not — 6 The Opinion THIRD YEARS be an available option for many students. Applying a new grading system onto present studentswouldresult inunrealisticand unfair appraisal of a student's performance based on five semester'sworth ofwork. Asa third year, I do not want aGPA calculated on only one semester's work! Thatwould diminish the value ofmy previous five semesters! We need to go to a standard system, butnot at the penalty ofthe present student body. I'd really like to graduate with a uniformly graded transcript. I am not opposed to thenewsystem. lamopposedtometimingof itsimplementation. Itshouldbeginatearliest Fall 1993. If the new system is implemented now, prospective employers may wonder why we couldn't receive pluses during the past two years. I feel this inconsistency would be unfair at this point in our education, with only one semester left. I object to this because oftheinconsistency thatwillappear onour class transcripts!!! Employers don'tunderstand our grading system as it is. The current gradingsystem is soconfusing to employ ers, ittakes me 15 minutes ofan interview to clarify. Ifanew system isimplemented mid-year, the confusion would be heightened. Why notjustimplement it at the start ofa new year? If the grading policy is to be changed, which I do not support, it should be changed with respect to prospective classes. Students whoare already enrolled have a contractual expectationthatthe grading system presently used should be maintained throughout their stay in this school. If the school is going to change the grading system, the school shouldchangeit to something comprehensible, like A-F. I think it is completely unfairthat this newgrading system willtakeeffectwiththird yearstudentsintheSpringofl993. Idonotsee why, at the very least, the school cannot wait untilthe current thirdyearshave graduated. In all fairness, the new grading system really shouldnotgo into effectuntiltheclassof 1996 begins theirfirst year. Implementing aplusand minus system in the last semester will onlyadd to the confusion employershave withour grading system. Students should not need to explain whythey onryreceivedaQ+orQ-etc. thelastsemester. The new system should only apply to current second and first year classes and all incoming students. There should beagrandfather clause for third years. I say this for two reasons: 1) Continuity and 2) Computationof ' 'Honors'' diploma status. I do not oppose the implementation immediately. If the faculty wants to change it now, let them. I do not think that the change will be detrimental in any way. A new grading system imposed onthe current student body would only distortour already confusing grading system. I am in favor ofa change to our grading system, but in order for that change to have benefitted me it would have to have been implemented earlier. At thislate stage in my academic career it is totally ridiculous to change the system under which my work is graded. As the present system already stands as somewhat ofamystery to most prospective employers, I can hardly waitto seethe state of confusionamid-year change inthelast semester appearing on my transcript would cause. PLEASE SAY ITAIN'T SO The proposed plan is not only unfair, unjust,and unsubstantiatedby any compelling reason, it is also ill-considered. Please give careful thought (orat leastseme thought) to the effects on current students ofsuch aplan. Asa third year student, I don't wantto have to explain why mytranscript shows "+" and "-" grades in one last semester only. Whatgoodcouldcomeoffurther confusing potential employers with acombination of grades? I thinkthe A-F scale wouldbe good for tiiose com ing in, but not for current students. I fone o ftliepurposes ofthe new system January 19,1993 is to make transcripts more intelligible to future employers, implementing the system next semester wouldresult in less intelligible transcripts for current students because two standards wouldhavetobeapplied to interpretingthem. ThenewgradingpoUcyshouldapply only to incoming classes. Employers are already so confused by the unusual grading system, it seems that having two suchsystems on one transcriptwill puta strikeagainst any U.B. gradcompeting against grads from schools which had transcripts which were easier to decipher. For those of us who are not from the WesternNew Yorkarea,the grading systemof this school is hard enoughalready to explain. With the new system, my transcript will have more anomalous symbolsto decipher. I truly believe that the grading system should be changed, however, those students who started under the "old system" should be grandfathered. I believe if the new system is implemented itwould develop a sense ofcompetition. This concept was one ofthe reasons I chose not to attend another institution. It appears to be one ofthis institution' s boast fill attributes. Whenyou say "no " class rankings and "no " competitivenessy ou should beable to corroborate these statements by no!implementingagradingpolicy contrary to SUNYat Buffalo SchoolofLaw'saxioms. Thefewer semestersunder thenewgrading policy the better. I vehemently oppose the implementationofaplan whichwillonly serveto screw up my transcript inmy final semester. Thatmay beungracious, butits true. PJeasfireconsider-atleastgivethirdyearstheoptionofforegoing the shift in the final semester. Why not? Asit pertains to third years, the immediate implementation is ridiculous and indefensible. It needlessly and negatively impacts on the marketvalue ofthe education which wehave received lamvery upset. First, I am shocked that the faculty wouldmake such amonumental decision before engaging the student body in a through discussion of the matter. Procedurally, the enactment ofthis decision is flawed. Second, changing student grades in the middle ofthe year will send disturbing signalstoprospective employers (i.e. what's wrong withthis school, is it in a state ofturmoil that ithas to change in the middle ofa year?). Additionally, the proposed system isclose to the anti-thesis of the currentsystem(+'sand-'sare equivalent to 3 pointson a 100pointgrading system, sothis isalmostlikereceiving numbergrades). Yet, the proposed systemlooks much like thecurrent system, so future employers are likely to be quite confused over how to interpretaU.B. transcript(e.g.whydidn'tyouget+'sor-'sprior to the Spring of 1993). Thus: l)Jfweswitch, itshould be a clear switch,reflecting adifferentphilosophy in grading. It should not be a haphazard switch. 2)If weswitch,itshould not bein the middleofaschoo 1year whichwould raise credibility questionsabout U. 8.. 3)The bestanswer would be to have a grandfather clause, thus maintaining consistency on the transcript. It is truly absurd to impose this new gradingsystem on graduatingthirdyears to have two and one half years ofone grading systemand thenone semesterofanew grading system isbeyond stupidity. Is thisan attempt to make your graduating students even less marketable than we currently are?! It's hard enough explaining thiscurrent grading system to prospective employers...now you wantto force us to explain two grading systems; this is totally unfair. It seems that once again the faculty is completely unresponsive to its student's needs. It also seems that higher educationistheonly "merchant" whodoesn't care to give their''consumers"/"students'' what they want. Ifyouaregoingtochangethe grading system, havethe gutsto change it to an A-F system. This Q+, Q- stuffis a truly lame attempt atchange and itwillcause more harm and confusion than currently exists. - Tough times call for tough measures. Change the system to A-F and give your stu- dents a fighting chance in this dismal job market! Thel96o'sareoveranditishardtobe altruistic when youprobably won'thave a job when yougraduate (even though you haveaton of A's) and you won't be able to afford the basics, letalone thetensofthousands ofdollars mostofushaverackedupinstudentloans. It's time for the faculty in this school to address their student's needs something I have yet to see them do in any ofmy two and onehalf years in this institution.!!! My fellow third year classmates and myselfhave been graded under the existing H Q D F system for the past five (5) terms. Employers looking at thetranscripts ofcurrent thirdyearstudentsoften express confusionand frustration when attempting to interpret the current grading system andthe meaning ofan unadulterated HQDorF. Inlightofthecurrent confusion and frustration surrounding the existing system, I can only anticipate more bewildermentfrom employers whenthey lookat a thirdyear transcript based on two types of grading systemsand aretold thatpluses (+) and minuses (-) count for thelast term,but not the student'spreviousfive(s)termsofgrades. The thirdyearclass has worked hard, in mostcases, for the grades we have. Imposing the new system on the third year class would further belittle the respect given to the existing grading system by outsidersand add undue confusion and frustrationto the already vague grading system. In short, I vote not to impose the new grading system onthe thirdyears during the spring term. Thank You. I feel thatitis only fair to continue the current grading system forthecurrentstudents, and apply the new systemto the class of 1996 and future classes. My transcript is sufficiently confusing. The H-Q system is very foreign to employersoutside theBuffalo area. The addition of to this system adds enough confusion for most employers to give up in trying to understand. Theadditionof+and-to this scale wouldonly entail moreexplanation. The current transcript form explains the currentsystemandtheprevious system. Presumably , the new transcript form would provide three explanations. Insteadoffocusing on the academic achievement ofthe student, employers that are unfamiliar with the system will spendan inordinateperiod oftime simply trying to figure it out In this time ofincreased competition for employment, why give employ ers an additionalexcuse orreason to throw an application in the rejection pile? In addition, it is highly inequitable to have one semester's grades differ from the other five semesters. There have been several courses thatI havetaken wheretheprofessor indicated thatmy workexceeded "Q", butdidnotmeet "H". Theseprofessors (properly)refused to use the"*" for a "Q". If a+/-system is implemented now, it should be implemented retroactively and prospectively. Obviously, the best alternative isto allow current classes, particularly theclassof 1993,to continue with the old system. — * CALLFORSTUDENTPAPERS for THEBUFFALOENVERONMENTAI .AWJOURNAL TheBuffalo Environmental Law Jour lal is seeking student articles for its Sprinj 'olume. AllUB studentsare invited to submi Kipers prepared for seminars, independent stud es, etc. Any writtenpiece that has not beei mblished previously is eligiblefor consider ition. The Journalfocuses onissuesofparticu ar concern to the Great Lakes Region, how :ver, we encourage students to submitpaper in general environmental problemsas well. Please provide three(3) copies ofeacl LTticle submitted for consideration. Leavt >apers and any questions in BOX 29 by Tues lay,Januaryl9,l993. �The Docket IN ORDER TO AVOID THIS ... Kf.fJveoY Big Three Offer Free Bar Review Lectures "Live" The three majorbarreview sponsors, Bar/Bri, Marino,and Pieper have agreed to providesubstantive barreview lectures similar to the onesused in the regular full-length course, withthe bonus thatthe majority ofthis program will feature livelectures, not tapes. Theseprogram will be from four to sixhoursandwilloccuronsix Saturdays duringthefirst halfofthe spring semester. The schedule is as follows: SUBJECT Corporations Torts Sales Domestic Relations Contracts Real Property DATE January 30,1993 February 6,1993 February 13,1993 February 20,1993 February 27,1993 March 6,1993 SPONSOR Bar/Bri Bar/Bri Pieper Marino Pieper Marino CALL FOR PAPERS [YOU MAY BE DRIVEN T0... The Buffalo Journal ofPublic I nterestLaw is now accepting submissions foritsinaugural.Spring 1993, publication. Formerly InThe Public Interest, the journal ispleased to announce that itisnowprinledin association with the Buffalo Public Interest Law Program. The journal welcomes scholarly articles, commentary, and reviews examining law as an instrument of public policy from faculty, students, and practitioners in all fields of study. The inaugural edition will also feature a symposium, "Public policy, politics and the public interest in the 19905.'' Thisforum will featurea wide array ofopinionsregarding specific prescriptions for public policy and legal change which the next administration faces, based on the state of the nation as it looks ahead to the realities of this decade. The journalinvites youto submitan essayof2000-4000words discussinga limitedarea ofpublic policy or public interest law withwhich the next administration mustcome to terms, including some possible avenues ofreform. The area you choose should reflect its importance in terms of social and economic conditions as they exist, orcan be expected in the near future, as opposed to problems manufactured through purely political exigencies. Essays accepted forpublication willbe printed togetherin a forum designed to highlight areas ofpublic interest and concern, and to showcase the efforts of a broad cross-section ofwriters addressing the pressing problems ofthe 19905. Submissions should be directed to: The Buffalo Journal ofPublic Interest Law University at Buffalo School ofLaw 118 O'Brian Hall Pieper Scholarships for Graduating Seniors Inkeepingwithhispastgenerosity,Mr. Pieperhasdonated five $650.00scholarships to beawarded as tuition discounts for students interested in taking the summer 1993 Pieper New YorkMultistate Bar Review Course. Thesescholarships include the $200.00 early bird discount. To be considered for one ofthese partial scholarships, please submit a letter of applicaion and a copy ofyour current financial aid transcript to the UB Law Scholarship Committee,Room3l2,o'BrianHall,bynolaterthanFriday, January 29,1993. Awardeeswill benotified by mailno later thanFebruary 12,1993. RadicalLiberalism con tinuedfrompage 2 unendeared. Political correctness rears its uglyfacewhen intoleranceis exhibited toward those whocriticize the gods oftheleftor dare to question the sanctity of favority liberal causes such as affirmative action or multiculturalism. Can one even imagine the cacophony of protest that would ensue if a student or faculty member "jokingly" expressed glee over the marksmanship ofJames EarlRay inhis effortto murder MartinLuther King, Jr.? Similarly, can one expect sincere attempts at discussions ofracial and ethnic policies challenging liberal conclusions tobe metbyanything but hysterical accusations of , ''racism' andoutrightdismissal? Thepointis thatthe domination ofpolitical correctness at theofficial level ofUB Law School is really a demonstration,notofan efforttotruly engage responsible discussion and exchange ideas about the issues ofthe day,but to promote a perspective ofsociety deemedappropriateby the self-proclaimed intelligentsia, i.e.radical liberals. Despite my assessment ofradicalism at ÜBLaw.lhavenoregretsaboutjoining theUB Lawcommunity. To the contrary, I have thus far found the experience immensely rewarding. The assault of radical liberalism has strengthened my ownpolitical character and theprobity o finypoliticaland spiritualconvictions has been challenged daily by the law school experience. Theresultshavebeenmost satisfying. Onsome days, I have exultedin the previously untested strengthand depthofmy beliefs when assailed by the blitzkrieg of liberal dogma from the University atBuffalo community. At other times, I have had to reexamine or change other positions after considering theopposing view. However, despite my good faith effort, I do not think any re- examination ofthe issues will produce any motivated to politicalaction by the greatness conclusion otherthan onewhichfinds radical andbenevolenceofournation'sheritage. This liberalismincompatible withwhat isgoodfor heritagehasproducedtheworld'shigheststanAmerica. dardoflivingand the most successful democRadical liberalism is a branch ofliber- racy ever, thereby placing on obligation of alism thatsustainsitselfby exposing supposed civic dutyupon each ofitsbenefactors. injustices in society. Thisphilosophy objects Ourheritageattractedmy grandparents, to traditional approaches to morality, seeks whose courageous efforts to reach America drasticredress for perceived wrongs against from czaristRussiaresulted in escape from a meager existence inthe Ukraine. My mother's ethnic groupsand disavowsindividualresponsibility and self-reliance in favor of social fatherarrived inNew YorkCityatage 16from engineering. Liberals of this stripe take a Russia totally alone, having missed an exposition on a given issue because it fits into pected rendezvouswith an uncle. My father's theirpersonal political agenda and thenunre- dad arrived atage 26, illiterate in english but lentingly demandsocietal compliance to their willing to work and attend night school to accelerate hisproductivity inhis newcountry. exhortations. These demandsaremade regardless of evidence dispositive of their claims Both ofthese men asked for nothing but a (theirminds are already made up,whyconfuse chance to labor, to prove themselves and to themwiththe truth?). Although these malconprovide for theirfamilies. My grandmothers tents are guilty of cloaking an aberrant and spent endless hours as partners in this effort tending gardens,baking,nursing, mending and bias-driven viewpointwithapretenseofintellectualintegrity,theirpractice oftruancy from helping to raise theirchildren to be loyal and civic duty is their most repugnant legacy. faithful to this country. They sought not While demanding thatall oftheprivileges our "multiculturalism" but union with their adopted country. country offers be conferred uponthme as inalienablerights, even though these' 'rights" Radical liberalsnow mock thesehonorable ideals. Instead, they teachnot E Pluribus haveno Constitutional foundation, they contributenothing to our society buthatred and Unum (outofmany, wehavebecomeone) but condemnation for ournational heritage. This ethnocentrism. Although multiculrurism can ill-advised crowd is dangerous because they be a positive force, ethnocentrism isa pernireceive aninordinated share ofattention from ciousversion whichdamnsthe Americanethos the mediaand in some cases control important ourprogenitorsso eagerly embraced. Instead media outlets. Consequently, their viewsare ofunity,this ethnocentrismbegets alienation often falsely presented as popular opinion. ofethnic groupsfrom mainstreamAmerica. It ThiselementofradicalismatUß Law School is a cruel alienation accomplished under the should be exposed as subversive and wholly guise ofradical liberalism's politically corantithetical to America's essential virtues. rect historical perspective. The net effect of Instead ofpromoting patriotism and itscorrethe radical liberal orthodoxy is a fragmented sponding ideal ofservice to Godand country, society, color-obsessed rather than color-blind, this radicalism demands ever more entitlefostering division, resentment and dependency rather than championing individual achievements and stresses class consciousness. Unlike the liberal dogmatists, conservatives are mentand an integrated population. Although it would beanathema to the radicals, oneicould spend alifetime enumerat- ing the benefits oflife in these United States. Itis sufficient to say that none ofus can ever repay what has beensobenevolently bestowed uponus. WhetheritisaplaneloadofCubans seeking asylum, boatloads ofHaitians crossing treacherous waters to reach Florida or wavesofMexicans flooding oursouthern borders,the evidence is clear: formostoftherest of the world, America is still the Promised Land. This does not mean that America is either free ofserious crises orremotely close toUtopia. Butmoreimportantthanbemoaning ourproblemsis theneed to uniteasnever before and to giveback part ofourselves tomakethis abettercountry. Whateveryour"careerpafh" youcan contribute your share byrejecting the philosophy which seeksagovernmentremedy for every inconvenience of life and instead strive to exemplify self-reliance in your endeavors. Loveyourcountry and stand by her when sheisassailed. Upholdthevirtuesofour nation's heritage and seek to strengthen her weaknesses. Our nation became great not because herpeople were granted entitlements at theonsetofeverywantorbecause ethnicity was favored over Americanism but because, with occasional failures notwithstanding, we have strived to guarantee opportunity to all those who sought it. Additionally, Americans have alwaysacknowledged ourneed to be one nation underGod. Radical liberalism is here and it is wrong, at least whentestedagainst the founding principles ofourcountry. I have no doubt that the time-tested ideals for our nation will outlast this unhappy philosophy. It'sultimateendwill berelegation to perdition's hall offame alongside communism and other short-lived but equally destructive ideological mistakes. January 19,1993 The Opinion 7 �f I With \ Hearing \ Believing Wr Every year, thousands of BAR/BRI students rave about the quality of BAR/BRl's lecturers. BAR/BRl's lecturers are experts on the law, experts on the bar exam and experts on lecturing. "I had no idea the course was this good," is a typical comment. Now, for the first time, you can find out for yourself just how good the BAR/BRI lecturers are. For your own free audiotape or videotape sampling of the BAR/BRI course, ask your student representative, stop by our display table or write to BAR/BRI directly. In return, you'll get an earful. BAR REVIEW The Nation's Largest and Most Personalized Bar Review ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1993-01-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/19/1993 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1637165a59181a1d29214a8b44ec7782.pdf b5353eab7cdba72a033aba5cba664b43 PDF Text Text Volume 33, No.B TO HE PINION STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW December 1,1992 Arthur Schlesinger, Jr. Speaks on Multiethnicity byPaul Roalsvig,;, Photo Editor Two-timePulitzer Prize winning author (The Age of Jackson. JFK: A Thousand Days),former special assistantunder John F. Kennedy, politicalactivist, andhistorian Arthur M. Schlesinger Jr. spoke to a crowd of two thousandattheAlumni ArenaonNovember 11, 1992. ThemessagethatSchlesingerbroughtto the audience at UB was a reflection ofthe thoughtshe hadelaboratedupon on in hislatest book, The Disuniting ofAmerica. He first gavea shorthistorical perspective on the changes thathad occurred during this century, for example the triumphs ofdemocracy overfascism andtotalitarianism,and expressed concern that the collapse of the Soviet Union has created an uneasy situation in Eastern Europe. "Liberal democracy is triumphantforthe moment,'' but,headded,' 'if liberal democracy fails us, we invite fascism and totalitarianism to gainafoothold again." Thepeople ofthe world andthe various world governmentsmuststandonguard,henoted,for it is very easy in the modern worldfor oneset ofhatreds to simply replace the other. The reason suchhatreds could so easily surface in nations struggling with democracy,according to Schlesinger, was that the global economy waspoorandan ideological vacuumhadbeen createdrecently; left behind in thewake ofthe demise ofMarxism-Leninism. ' 'With com- munism gone tribalismiscoming back," no ted Schlesinger. Multiethnicity, whichhasplayedalarge role in shaping muchofour two hundredyear history, is suffering today from arenewedand over-bearingcryfornationalismandregionalism that spans the entire globe. These new increases in nationalism andregionalism represent an explosive issue today, said Schlesinger. The precarious situation in Europeis evidenceofa potentiallydangerous new intoleranceofethnicgroupstowards eachother. Henoted that this ideology can explaihmany recent events, suchas the' 'ethnic cleansing in Yugoslavia, the warring between former Sovietrepublics, the return ofneo-Nazi protestsin Germany, andthe creation ofthenew Czech and Slovak nations. The hostility of ethnic groupsin Europehas had toyield considerably in light ofthe generaltrend towardsa united Europe (as exemplified by the EEC). But the net result of the clash ofthese two cultural movements, according to Schlesinger, was that Europeans werecurrentlyundergoing an identity crisis.'' To whom didthese new Europeans owe allegiance? To their ethnic group and country, orto the ideals o fa united Europe? Schlesinger also warned that if the countriesofEuropepersisted in pressing their nationalistic andregional agendas, thehopes for a unified Europe may not survive. Belgian Attorney, Louis Lafili, Discusses MaastrichtTreaty bySharonNosenchuck Will the Maastricht Treaty, increasing the social,political, andeconomic unification oftheEuropean Community, succeed? Thisis the questionthatBelgian attorney Louis Lafili discussed inhis presentation "Maastricht: A BrokenDream?'' on Tuesday, November 10, sponsored by the International Law Society. Lafili spoke on the past and the future ofthe European Community, including the chances for success ofthe MaastrichtTreaty. Lafili, a partner in theBrussels firm of Lafili& VanCrombrugghe, told theaudience the history ofthecreation ofthe present-day European Community. He explained that at theendofWorldWarll,theideaofa"United StatesofEurope"was suggested,and by 1957, theTreatyofßomewas signed. Thistreatywas the formal beginning ofthe economic integration ofEurope intoaneconomic community. However, said Lafili, not until 1984,afteran American magazine did an analysis of the future ofEurope, didthe Europeans begin to move actively toward the post-World War II goal of a united Europe. Lafili said that the American magazine wrote thattheEuropeans were suffering from a disease called "Euroschlerosis," compared to a healthy, strong, andfuture-oriented United States. The article madeEuropeans angry and motivated them to look for new directions for thefuture. Thedreamofthe 1957TreatyofRomeanda European common market wasrevived and, thus,the 1992Program wascreated, saidLafili. He noted that 1992 became a buzzword for Europeans. Lafili told the audience that the presidency ofthe European Community rotates every sixmonths. During 1991 theDutch were presidentsofthe European Community, said Lafili, and the Dutch suggested that the prior plan, agreed on in 1985, was too limited and Louis Lafili discusses whether the Maastricht Treaty isbuta broken dream Photo: Paul Roalsvig thatamoresweeping unionshouklbeproposed. Lafilielaborated, statingthattheDutch called a meeting oftheir European Community colleagues to write a new treaty. The Europeans then metinMaastricht, TheNetherlands, creating the Maastricht Treaty. Today, the dream of the Maastricht Treaty is seriously threatened, said Lafili, adding thatthe treatywill enterinto forcewhen the twelve member states have ratified it. However, Lafili further explained that the MaastrichtTreaty has one fatalflaw-there is no escape clause; it does not state what will happen if notall twelve member statesratify it. Denmarkhelda referendum on the treaty andtheDanesvotedagainstMaastricht "What will happen if the Danes do not deposit their ratification?" asked Lafili. From the title ofhis presentation, you ...Maastricht,continued onpage 7 ArthurSchlesinger, Jr. speaks about multiethnicityand the "meltingpot'process, whichhe elaboratedupon in hislatest book, TheDisuniting ofAmerica Photo: Paul Roalsvig Schlesinger called this new tribalism the ' 'AIDS ofinternational polities'' and Europe atangle ofsquabbling nationalities.'' He thenpresented a shortsynopsis ofthe history ofthepeople ofthese United States, including thevarious countries they hadcome from andwhy settlers ofall types hadcome to North America. Our ancestors, said Schlesinger, desiredabetterworld. Thishope stillfills the soulofall whocome here,and that ...Arthur,continued onpage 6 SisterSouljahon Empowerment neithermentionedthequestionnorquotedher Sister Souljah, formerly Lisa fullresponse; ' 'White people, this GovernWilliamson, spoke to a filledlecture hall on ment and that Mayor were well aware ofthe U.B.'sSouthCampusonNovemberlO. Souljah, fact thatblack people were dying every day in who for the past severalyears has lectured on Los Angeles undergang violence. Soifyou're racism, recently gainedwidespreadnotoriety a gangmember and you would normally be after being condemned by President-elect killing somebody, why not kill a white perClinton at theannual convention oftheRainson?" Rep. Charlesßangel viewedClinton's bow Coalition this past June. She began her attack on sister Souljah as "a way to court lecture onracism by explaining howthe "Eswhite votes.'' Jesse Jackson, founder ofthe tablishmenfandmediaattemptto undermine Rainbow Coalition, was infuriated, saying her fightagainstracism by portrayingherasan Souljah "representsthefeelingsandhopesof a whole generation of people." In a recent "angry and irrationallady." Perhapsnoepisode demonstrates this more than Sister interview, Souljah saidthat shebelieves itwas Souljah's sudden appearance in the national Clinton's intention "to makeme intoaWillie Horton,a campaign issue, ablack monsterthat spotlight this past summer. wouldscarethewhite population to thepolls." While speaking at the Rainbow Coaliyen tion Con tion in June,President-elect Clinton Clinton, she said, is "an alien in the African chargedthat Souljahpromotedracial division community, sohe wasn'tinto myactivism." and hatred,referring to astatementon a music During her nearly two hour lecture on video whereSouljah said that ifthere were any racism, Souljah,ofcourse,madenomentionof goodwhitepeople.shehadn'tmet themyet By violence or hatred against whites. She did selecting one sentence from her lengthy re- advocate measures, however, which certain sponse to a Washington Postinterview, regardwhites may findjustas disruptiveto thecurrent ing the violence against whites that occurred state ofrace-relations in this country. Souljah duringthe L.A. riots, interviewerDavidMills outlined afive-point programto promote black asked Souljah, "Even thepeople themselves empowerment and freedom fromracism(i.e. whowereperpetrating thatviolence, didthey discrimination against people of color by think it was wise? Was that wise, reasoned whites). Many ofherideas echoed the politiaction?" Souljah, being asked to empathize cal, economicand social theoriesput forthby with, and express the mindset of, those who other past and present blackleaders, such as committed the violence, gave a lengthy re...Souljah, continued onpage 6 sponse, but Clinton and most ofthe media byJoeAntonecchia HIGHLIGHTS Other Life ofEwing Editorials & Commentaries Foreign Correspondent Bad Faith Wins Division 3 4-5 6 7 �I DO YOURSELF JUSTICE Study with Pieper... and pass. i PEEPER NEW YORK-MULTTSTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY 11501 1 -800-635-6569 or 516-747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Teske �THE GRADUATE GROUP ON HUMAN RIGHTS LAW & POLICY byKevin P. Collins, NewsEditor The Graduate Group on Human Rights Law & Policy (hereinaftertheGrad Group) has functioned since 1985. It serves as a center of common interestsformembers oftheUniversitycommunity concerned withhumanrights. The Grad Group emphasizes interdisciplinary researchand discussion, and has become active inpublishing theworkofindividual mem- internationalhumanrights promotion orpro- THE OTHER LIFE OF CHARLES P. EWING byDanHarris tection,the Grad Group is opento co-sponsorship. Likewise, the Grad Group will seek to developand co-sponsorprogramsofinterestto awide variety ofgroups within the university. Additionally, the Grad Group isinterested in any research workbeing done inother departmentsasitrelatestohumanrights. With a special emphasis on economic, social, cul- ProfessorCharlesP. Ewingisaman with twocareers. Oneofhiscareersisteachinglaw here at ÜB, and the other is being a forensic psychologist. His specialty is in evaluating defendants to determinetheir sanity. Professor Ewing received a Ph.D. in Psychology fromCornellUniversity in 1975. In 1983,he received hisJ.D. from HarvardLaw Schooland is now inhis tenthyear ofteaching atUB. Within thepastmonth, Professor Ewing has testifiedas an expertwitness intwo murder trials. OneappearancewasforFeliciaMorgan in Milwaukee, Wisconsin (with some ofhis testimony televised on CourtroomTV),and the second was in the John Justice case here in Buffalo,New York. Felicia Morgan killed a woman while heronthe street AfterexaminingMs. robbing differentstudent each issue. group featuring | a series a GROUP SPOTLIGHT will be Morgan, Professor Ewing found her insane, bers through sponsorship ofan' 'Occasional turaland so-called "third generation"rights betievingthatshe suffersfromPostTraumatic was apparently caused Papers" series. The Grad Group sponsors such as environmental protection, there is a Stress Disorder. This by herhaving been repeatedly raped, beaten, ' 'Human Rights Week" and occasional speak- great deal oflatitude in the conceptof"human androbbed overthe seventeen years ofherlife. ers, as wel 1 as films ofpotential interest to the rights.'' Areas of special interestinclude the On the ofthe killing, he claims she lost night University community. It also meets to dis- theory/philosophy ofrights/humanrights, intouch withreality and killed her victim. cuss issues ofresearch interest to particular ternational women's issues/feminist theory, the Despite testimony of Professor members. Meeting datesand times are posted the right to health care, the protection ofthe testimony ofan addias the well as Ewing, environment,and a variety ofarea topics inin theLaw School(O'Brian Hall)and throughthe jury found psychology, tional expert in out the University. Members from all disci- cluding human rights in Latin America, Afthat the jury believes Ewing sane. Morgan plines are welcometo join orbecome involved rica, the MiddleEast, andrecently the concern this was the came to this conclusion because withthe group. over the North American Free Trade Agreearea geographic first case that high profile in The Grad Group is actively engaged ment and the abuses ofMexican workers in AdJeffreyDahmer. since involving insanity with, and supports, the efforts ofAmnesty American owned plants (the Maquiladoras) two experts in psycholwere ditionally,there International, other nongovernmental organialong the northern borderofMexico. zations, and student groupsseekingtopromote The GradGrouprecently heldits Human ogy for the prosecution who testified that international human rights. It especially en- Rights Week and has many plans fortherestof Morgan was mentally disturbed, but not incourages links between studentgroups within theacademic year. OnTuesday, December 8, sane, and that the killing was economically the University interested in humanrights. the Palestinian Archbishop of Jerusalem, motivated. Professor Ewing expectsMorgan toreThe Grad Group is partoftheProgram in Michel Sabbah, will be giving a presentation ceiveaharsh prison sentence. However, if she Human Rights Law & Policy (The Human on a justMiddle East peace in the Woldman Rights Center)and itsCo-Directors are ProfesTheater, Norton 112,at8p.m. On January 14, had been found insane, she wouldhave been committed toa mental hospitalforanex tended sorClaude Welch, Ph. D. (Political Science) General Lewis McKenzie, the Commanderperiodoftime. According to Ewing, "One of andProfessor Virginia Leary, J.D. Ph. D. (Law). in-Chiefofthe UnitedNations peace keeping the thatpeople don'trealize, with the things Julia Hall is the Graduate Assistant for the forces inthe former Yugoslavia will speak out defense, is thatpeoplewho are found insanity Grad Group, the office ofthe Grad Group is onhumanrights abuses. Not Guilty by Reason ofInsanity (NGRI) are located in Room 408 ofO'Brian Hall, and its Membership in the Grad Group is open often locked up longer than people who are telephonenumberis (716) 645-2073. to all graduate students of any discipline, convicted." Italso encourages interdisciplinaryreincluding law students ofall years. Interested Immediately after he completed testisearchand the co-sponsorship ofevents, speakstudents may contact eitherJuliaHall orsome for Felicia Morgan, Professor Ewing fying ers, conferences, films, etc. The Grad Group ofthelaw studentmembersoftheGradGroup: forJohnJustice. In 1985,JohnJustice testified includes facultyand students from the depart3L,JamalArurLßox#9;2L, BonnyButler,Box killed both his parents and his brother. In a ments ofeducation, political science, sociol# 98; or 3L, Cheryl Gandy, Box # 98 (who attempt he crashed his car into failed suicide ogy, philosophy, anthropology, english, and successfully administered the Grad Group's the driver ofthe other car, another car and women's studies. If you or your group are HumanßightsWeek). Wayne Haun, became Justice'sfourth victim. planning programs dealing withany aspectof by PaulRoalsvig, Photo Editor Fresh from astint downto wnas an expert witness in the trial ofJohn Justice (see "The Other Life ofCharles P. Ewing*'), Professor Ewing addressed theUniversity community on Thursday, November 19. The discussion was entitled Violence in Interpersonal Relationships" and was hosted by the Univer Prof. Ewing Speaks on BattenedWomen been in use for approximately fifteen years. Prior to that, such forms of violenceand systematic abuse didnothave any formal labels. The recognition ofthis syndrome by psychbloandmembersofthe legal community anecessary first step in taking form woman will thenbe caught in a situationfrom which shemay have a great deal ofdifficulty ■ing. He was tried for the four murders and found guilty for the murder ofhismotherand the car driver. The juryfound himNGRI for themurder ofhis father and brother. On appeal, a state appellate court found fault with the jury instructions on insanity. The guilty verdicts were overturnedand Justice wasretried for the murderofhismotherand the driver. After John Justice was granted a new his trial, attorney contacted Professor Ewing. Upon examining Justice, Ewing found John Justiceinsane. In fact, he said,''To me, this is the clearest, most clear-cut, case I've ever been involved in." The jury found John Justice guilty of Manslaughter! (Extreme Emotional Disturbance) forkillinghis mother. Justice wasalso found guiltyofManslaughter 2 (Reckless Homicide) for killing Wayne Haun. Professor Ewing believes that Justice was not found NGRI because ofthe predispositions ofthe local community against the insanity defense, however,he doesfeel thatfora sane defendant, the juryrendered a fair verdict. Justice was sufferingfrom extreme emotional disturbance whenhekilled his mother, and he was acting recklessly whenhekilledHaun. Ewing commented that, "Once you decide this is not a case ofinsanity, then the verdictis very just.'' The maximum amount ofprison time John Justicecan be sentenced to is 8 112 to 25 years, assuming the judge gives him concurrent sentences. If he had been convicted of Murder, he would have been sentenced to 25 LIFE. Justicehas already served seven years, andwiUnow return to prisonforamaximumof eighteen years. Justicecouldalternatively be sentenced as a Youthful Offender. Youthful Offenderstatusisavailabletopeoplewhoare under eighteenwhentheycommita crime,and have a clean record at that time. If he is sentenced as a YouthfulOffender, Justice will be sentenced to a maximum offour years in prison. Once his sentence is completed as a Youthful Offender, hiscriminalrecord willbe expunged (as he has already served seven years, hypothetically Justicecould be released from prisonupon sentencing). After John Justice completes hisprison sentence, Professor Ewing believes he will be put in a forensic mental healthunit forkilling his father andbrother. He statedthat''this is almostacaseofFirstlmpression. Whenhewas firstfound NGRI on two, and Guilty on two, the - ...Ewing, continued on page 7 tempted to interveneby assisting a neighbor who wasregularly beatenand verbailyabused by the husband. In the ensuing fight with the enraged husband, the' good Samaritan neigh- bor was fatally stab'r The obvious The reasons women stay in abush external" fact* > call the veil-, calls. equif - al and physical ing,havep tame ofthe gai . ments.and malic abuse or usually one wholias h mbleci mtrolling vari< ius aspects ofhis life, such as his job or other relationships, and thusresorts to exen ing control overtheonly remaining facet ofhis life thai he is able io, his girlfriend or his v Theterm "Battered WomanSyndrome" lore Walker ami has only - vhrepresentstb im has (he greatestrisk o fharm at id the ordeath; Loving Contrition,'' during which the perpetrator cool:: off, and trie seek forgiveness for his behavior Often the abuser is so attentive and loving during this last apotogetic phase that the woman forgiveshim. A major problem lies m that this attention provides positivereinforcementfor thewoman to slay in the relationship. What invariably results isfhai these three phases begin to repeat themselves, and when this happens the violence may get worse and/or the last s(age. the "loving contrition," may cease to occur. The ' ness throughmany VV i; who is in such a relationship onh cc, stated Ewin doso as quick!y as possibly. to get out, and to < They can thenbe referred to a haven house >r shelter for battered women. In more rural settings, or areas where such facilities do not exist, women in abusiverelationships unfortunately have a much harder time finding adequate help and shelter.Pro lessor Ewing also recommended that you should not personally olTerassistancetosuchanabusedperson Ikspoke of an incident where a man had at- crucifix to In conclusion, Professor Ewing briefly outlined the inadequacy oftreatment programs avior ofrepeat abusdesigned to alft ers, stating simply that they just don't work luckily, he observed, theattitudes ofthe po lice towards domestic violence calls has become more serious, albeit due to the fact thai several police-departments have been sue. failing to take th December 1,1992 v precautions. The Opinion 3 �OPINION ißi Volume 33, No. 8 December 1,1992 Editor-in-Chief: Vito A.Roman Managing Editor: Saultan H. Baptistc Business Manager: Michael Radjavitch NewsEditor: Kevin P. Collins Features Editor: NatalieA. Lesh LayoutEditor: GarySimpson Photography Editor: Paulßoalsvig ArtDirector: StaffWriters: Tracy Dale Sammarco, W.F.Trezevaiit Contributors: JoeAntonecchia, GwenCarr,' Seah Day, DanHarris, LauraKniaz, Sharon Nosenchuck, EDITORIAL Its a Matter of Ethics Gorden Liddy. JohnDean. Richard Nixon. Familiar names from the past? Maybe not. How about Justice Clarence Thomas or ex-Judge Sol Wachtler ofthe New York Court of Appeals? These may ring a bell. Ethics in the legal profession hasbeen a greatconcern withinthe legal profession. Afterthe fall ofthe Nixon empire with Watergate in 1972, the American BarAssociation adopted aresolution requiring alllawstudents to complete a course in legal ethics prior to graduation. However, even in light of constantrreoccurrences of unethical conduct at the highest levels ofthe profession, the administration of UB law school will embark on a policyto reduce the course credit for' 'Legal Profession, ÜB' s ethics course which is usuallytaughtduring the Spring semester offirst year law school, from 3 credits to 1 credit. It appears that theadministration' s change was motivatedby our' 'infamous Research & Writing Program ("R & W") as it tries to find itsnitch within the law school curriculum. They state that sincethe workrequiredin Research & Writingin the Spring exceeds thenormal workload, R& W shouldreceive an additional credit during next semester. There is no question that many current 2Ls did not, and could not, taketheir R & W class seriouslyduring their first year, which is what lead" them to collectively demanda fetter learning experience-in research and writing and at least onewriting sample for summeremployersby the end ofthe Fall. The result has been one credit of work in the Fall and an overloaded "catch-up" in the Spring. Andwhatisthecostofthis"minormodification?" Ethics. Thereal issue that needs to be addressed is why there is such a great imbalance betweenthe course load ofR & W in theFall andthe course load for R& W in the Spring; not to find ways to cut back on exposing law students to vital concepts ofethical practices and standards. Although this action by theadministration seemsan easy remedy to balance out 1Lterm credit hours, it clearly reduces the perceived value of "Legal Profession" as an important element of legal education. It is inevitable thatthe previous ethics program will bereduced to comply with the decreasedcredit value andstudentattention to thesubjectwill similarly take a back seatto higher credit courses. One must admit that throughoutthe academic community, questions remain as to whether courses in ethics will result in producingmore ethical lawyers. However, a law student ought to get a full exposure to such a crucial course which serve as a guideto theapplication ofskills developed in other legal disciplines. Will UB require its own "Watergate II" of extensive ethical violations before they realize that greater emphasis is neededto guide law studentsas to theirethical obligations withinthe legal community? One can only wonder what is happening at Sol Wachtler's old law school. Copyright 1992. The Opinion.SBA. Any reproduction ofmaterialsherein is strictly prohibited withoutthe expressconsent oftheEditors. The Opinionis published every two weeks during theFall andSpring semesters. Itis thestudent newspaperof theStateUniversity ofNew York at BuffaloSchool ofLaw. Theviews expressed in thispaper are not necessarily those of theEditorsorStaffofTheOpinion.The Opinion isanon-profit organization, thirdclasspostage enteredatßuffalo.NY. Editorialpolicy ofTheOpiruonis determinedby theEditors. The Opinion is funded by theSBAfromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves the right to edit for length and libelous content. Letters 1ongerthanthree typed doublespaced pages wil 1 beedited for length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus orUnitedStates Mail to The Opinion.SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)645-2147 or placed in law school mailboxes 223 or 611. Deadlinesforthe semesterare theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed hy the Editorial Board ofThe Opinion. 4 The Opinion December I, 1992 Opinion Mailbox +/- System Only to Apply to the Q Grade To the Editor: The Opinion for November 10,1992erroneously reported the Faculty's action on November6,l992invotingtochangetheLawSchoolgradingsystem. The decision wasto add plus andminus grades onlyto the 0 grade: the H, D, and F grades wouldnotbe subjecttoplusesand minuses. Thus, none ofuswill need to worryabout the distinctionbetween Q-plus and H-minus, or the message conveyed by a D-plus. Sincerely, Barry B. Boyer Dean and Professor ofLaw - , COMMENTARY: Refuge or Killing Field by Gwen Carr, Scan Day, Laura Kniaz Monday, November 16~We forsook ourcriminal law class and got up at 4:3 0 am. Ourpurpose was to make it to the Iroquois Wildliferefuge by sunrise, the official time huntersstartkilling deer. As representatives ofStudentsofLaw forAnimal Rights (SOLAR), we were, participating in aprotest against hunting, organized bytheAnimalRights Advocates (ARA) forWestern New York. Ourpurpose wasto dispel manyofthepopularmyths thatshieldwhatin reality is a death sport. Justificationsfor killing deer, including the population control argument, overlook the fact that wildlife management is purposefully manipulatingthenatural ecology forour" enjoyment By protesting we wanted to express our disgust that a wild life refuge, a place of safety for all wildlife, turns into a killing field for six months a year. The protest did attract a small turnout from the media, although the news reporterfrom Channel7 found theparkrangermore intriguing than ourprotest. As fortheparkranger, he wasmore concerned with seeing thatwedidn'tviolate any of his' 'rules," including the warning thatwe were to go to thebathroom one atatime. Thewildlife management's support forourcause, orrather lack ofit, wasperhaps best illustrated by the factthat they limited theprotesttothirty participants, told uswhere to stand, warned us notto disturbthe hunters, required us to make two tripsto the wildlifemanagement officeto get apermit, and wrote down ourlicenseplate numbers. Despite these difficulties,as we heard the shots in the distance, and imagined deerrunning to escape their deaths, weremembered why weneeded to bethere. The sounds ofdeath made usrealizehow hunting is a barbaric sport, and how we need to hope that ssja society we arecapable Ofmore. Are we? ~' " THEBUFFALOENVIRONMENTALLAW JOURNALwillbeissuingacallfor student papers next semester. The Journalpublishes environmentalarticles with focuses on issues ofparticular interestto the GreatLakes Region. The Buffalo EnvironmentalLaw Journal willbelooking forseveral high qualitystudentworksforits Spring 1993volume. If youhavewritten an articleyou wouldlike the Journalto consider, you shouldhave thepaper in final form by January when the journal will be formally accepting student pieces for consideration. Ifyouhaveany questions please visitthe office, Room 7 O'Brian Hall, or contact Elizabeth Beiring, Box 17. ITHE TM THfINKS6iVJH6 T«Y| HBBaaaaB II^aBaaHaHHaaI^BIa^HHI^BHBaMMHIBHIIBBIIBBKaIBIBBaHaaBagBBI^MaHH Deadline for next Issue: Friday, January 8, 1993 Leave submissions in Box 223 or Box 61 I �STUDENTS Trials By NatalieA. Lesh After spendingfouryearsata women's have distinct biological, physical and psychocollege, I am constantly amazed by the logical characteristics which giverise to disvariousperceptions offeminism I encounter tinct needs and responsibilities. While it is in my daily life. This is not to say that I true that our culture is to a limited extent believe thatthere is onemodel offeminism responsible for the development of certain which is "correct," orthattherecan beany characteristics in men and women, complete model offeminism at all, but that most of reliance upon this socialization argument is whatI hear withregard to feminismreflects misplaced. Itisadenialofreality to ignore the popular, stereotypical beliefswhich I thought inherent differences between menand women, would have been dispelled long ago. Yes, and the denialcan only be invain. We cannot separate ourselves and our situations from this is, ofcourse, hopeless optimism! It seems thatalotofmen and women these conditions. For example, women alone are able to aredistractedby thoughts ofequality. This is not the issue at all. Men and women are bringforthnewlifefromtheirbodies. Tbisis notequai and never will be. Therearemany perhaps the greatest miracle, and itis someimportantdifferences betweenthe twosexes, thingwhichmenmayneverdo. Unfortunately, and thesedifferences should not be ignored though, many women viewthis as theultimate or dismissed. They should be celebrated! punishment, from whichthey woulddoalmost Whatl seehappening, however, is that many anythingtobereleased. Both menandwomen women acknowledge theirdifferencesfrom speak ofpregnancy and childbirth as excrucimenasunfortunateandburdensome. There atingly painful events which menare lucky not is somekind ofunderlying assumptionthat to have to experience. It seems ironic that the malemodel is to be embraced, and that, society has reduced this awesome ability of therefore, women's differences from this women to something so undesirable. What is norm'are to be lamented. truly ironic, however, is thatthis view is esAtthis pointI should probably add that poused with the belief that it will help to when I say that menand womenwill never empowerwomen in ourmale-dominated world. be equal I do not mean to suggest that they But whatisempowering about being made to should not enjoythe same opportunities or feel inadequate and inferiorbecause ofwhat, rights. Rather, I mean that men and women andwho.weare? However, itis an extremely PRESENT DISPLAY ON NAFTA Features Editor easy to fall into such a trap. "Feminism" is usually associated withbreaking downbarriers which haslead to greater achievements by women and to improving the status of women in society. With thesegoals in mind, it is hardly surprising that there should be such intense resistance to the acceptance ofthe "traditional" role ofmother. As the argument goes, no woman really wants to be just a mother. Many womenwhocall themselves feminists denounce other women for submitting to motherhood, as ifthisdecision is some kind ofcop-out forwhichthey shouldapologize. The assumption that women's traditional roles are unacceptable is devastating to the cause of feminism, as the effect is to create needless hostility among women. What itall comes down to ischoice, respectandhappiness. There is no onepath a woman "feminist" shouldlake. A woman isno less a feminist if shechooses to stay at homeand raise children instead ofchoosing topursueacareeroutsideofthehome. What isimportant isallowing each women to feel thatshe has theright to makethis choice, mat she can make a choice which willbring her happiness,andthatotherwomen willrespect her choice forthese veryreasons. GET YOUR COPY OF THE 1992-93 PHI ALPHA DELTA STUDENT DIRECTORY DUE OUT DECEMBER 3,1992 Qhe(^.yoijir..^u4,^tmdlb.p,x by Kevin P. Collins, News Editor On Wednesday.November 11,theLabor andEmployment Law Association (LAELA), in conjunction withtheLawStudents for Corporate Accountability (LSC A), heldan informationaldisplay onthe North American Free TradeAgreement(NAFTA)outsideofthelaw schoollibrary onthe secondfloor ofO'Brian Hall.Thedisplay on NAFTA was done as part oftheHuman Rights Week events which are organized by the Graduate Group on Human Rights Law and Policy (see Group Spotlighton page # 1). NAFTA is a humanrights concern becauseof theramifications its passage would have for the Mexican workers in the Maquiladoras (American owned plants along Mexico'snorthernborder). Theexploitationof workersintheMaquiladoraplantsisaconcem, as it is feared thatthese workers will have their laborrights ignored and willalso be harmed by environmental impacts. Thedisplay onNAFTA included newspaper and magazine articles, lawreview commentaries, books, the New York StateLegislative frndingsonNAFTA.andmuchmore. A video oftheMacNeil/LehrerNewshour, which recently heldadebateonNAFTA asoneofits segments, wasalso displayed. Many students, including students from the business school ; and undergraduates, stoppedby thetable and learned about NAFTA. A few students also photocopied someofthe information in order to use it forresearch they are presently doing r ! on the NAFTA. LAELA will be establishing an informational/research fiIeonNAFTA to be puton reserve in the law school library for general use, and specifically for those whoare doing research, or simply want to learn moreabout ; NAFTA. This file will include varied and extensive information, such as legislativefindings, student articles, law reviews commentaries,andabibliographyofsourcesonNAFTA. - . KENNEDY BILL MIDC-HYGRAENGRAE.DB E RILLIANT December 1,1992 The Opinion 5 �I ...Souljah, continued from page I MalcolmX,MartinLutherKing,Jr.,andKwame Toure. First, she called for African-centered education. Souljahcontinually referred to the strength she draws from being aware ofher people'spro found culture, especially fromthe matriarchal structure ofmany African societies. She decriedthe currentlack ofinstruction in African culture, saying that Africans in America (she uses the term "African" not ' 'African-American;'' this is indicative ofher belief inboth the importance ofcultural identity andrepugnance ofAmerican racism) are "divorced" from theirculture. She criticized mediacoverageofAfricafor inordinately focusing on famine, charity efforts, black-onblack wars, and natural devastation. Being Africanand studying Africanculture, she said, fosters' 'a particular way oflife, a particular way ofunderstandingrelation to thereal world and tothe politicsand economic structure of society. She placed special importance onthe sexual values promoted in African cultures, which stress discipline, respect, and control over one's "lower desires" (in contrast, she said, with capitalist-European values, which ultimately promotetaking allyou canget). In this vein shereferred to the concept ofMaat, which meansbalance, harmony andreciprocity, fostering equality and mutual respect between menand women. She said that African cultures also stress the value ofland and its ...Arthur, continuedfromfrontpage ofthe world still flock to iswhy therepressed our shores inthe desireto share inthe American Dream. WhatwasUniqueaboutourpast,said Schlesinger, was that this country's government was formed not according to the principles ofsome existing state, butrather upon theradically new principles ofhumanrights, freedoms, and liberties. In addition it was a nonsecular state, and therefore open to new cultures, beliefs, and values. With areference to Alexis De Touqueville's Democracy in America. Schlesinger reiterated that the strength of America came about due to the creation o fa newtype ofperson—the " American"~forgedbytheunionofthevariouspeoples who came to this continent from other lands, eager to take the chances involved in giving their lives a fresh start, and committed to the Überalidealsofindividualfreedom Schlesinger thenmadeahumorousreference to thebeneficial effects in American society ofinterracial love and marriages, stating, in effect, thatthe promiscuity ofAmericans and letting nature take its course hadassisted in the assimilation and breakdown ofethnic and tribalbarriers. According to Schlesinger, however, the regrettable part was thatthis intermingling of races, which was responsible for much of the strength, flexibility, tolerance, and vitalityof the United States, was in the process ofslowing down, and has seemingly come toa halt in the rid. relation to power, a concept she feels is loston many inner-city blanks whogrow up in public housing (Souljah herselfspenther early childhood in publichousing in theBronx). Along this line, she also attacked awelfare system which, she said,is systematically designed to discourage people from getting paying jobsby imposing such penalties as a loss ofmedical funds. Sheaskedthat students begintheireducation inAfrican culture byreading books and correcting professors who "disrespectblack culture.'' Shealso encouraged the formation ofall-Africanculturalorganizations. Shesaid that, while she hasreceived calls from many black student groupsasking ifthey should let whites join, sheadamantly tells them to remain all-black, for "youcan'tplan liberation with the masters." This conceptofseparation as a necessary means to fight what she terms the "war" againstracism echoes the teachingsofMalcolmX.whosawtheimportanceof blackorganizations independentofthe white liberal Establishment. Unlike Malcolm X, Souljah toldthe mostly black audience that she hasyettomeetanygoodwhitepeople,whoshe definedaswillingtonot onlycollectively fight against racism, but to also give up the individualprivilegesresulting fromsuchinjustice. Also, she feels that too much energy wouldbe spenton theaccommodationnecessaryto make whites feel comfortable as minorities in the group, a status unfamiliar to most whites. In her discussion ofhow to maintain cultural identity in a racist society Souljah clarified that she does not consider herself a '' feminist.'' She explained in a recent interview that "African women historically have beenpowerful, spiritual, decisiveand productive. I don'tbelieve thatI have to attach anew termtomy Africanwomanhood." Souljahalso made a gratuitousremark concerning her perception ofA frican women; she said thatblack women "donotsleep witheachother." While questioningthecommitmentofwhitesinfightingasystemwhose privileges they accept, and as such may be a constructive positive challenge to whites, Souljah's insinuation that being areal African women means not being homosexually active is not only discriminatory, but probably alienatesmany black lesbians who may agree with her goals ofblack empowermentand eradicatingracism. Her second point is the promotion of black-owned andcontrolledbusiness,reminding the audience ofthe potential power any community holdsas consumers. She encourages studentsand young people to start small businesses,utilizing the talent ofthe community. She advocates the bartering of services among black professionals as a vehicle of mutual support. LikeMalcolmX,shestresses the importanceoforganizing culturaland economic links on both the national and internationallevels. She sees such links as especially important given the formation of the New World Order, which she said' 'represents total consolidationofEuropeanwhitepower'' at the continued expense ofthenations ofthe South emhemisphere. Indeed, she views the EEC as thewhitereaction to the rise ofthePacific Rim nations and people of color throughout the world. Third in her program is the establishmentand maintenance ofstrong Africanleadership, especially on the national level. To open the way fornew, younger leadership,she said it would behealthy to have Jesse Jackson debate other black leaders. She criticized Jackson's "Keep Hope Alive" slogan as not promotingprogrammatic,comprehensiveactivity. Herfourthpoint is promotingthe basic protection ofthose fighting the war against racism; she calls for young people to study military science and to defend themselves from the police and military. Finally, she stresses the centralrole ofspirituality inAfrican cultures, where "belief, celebration and useofGod"isasourceofstrength. Shedidnot advocateanyparticularreligion, butaskedthat people devoutlyfollowthereligion they choose. She saidthatAfricans drawpower from "doing goodand gaining mastery over ourminds and deeds." Sister Souljah's lecture tour will be running through the Spring. A newalbum is planned forthis summer, and sheis currently working ona novel about the struggles of a young blackwoman calledNo Disrespect. participation and active commitment by all newcomers to the ideals ofthe Constitution, the Bill ofRights, and thelaws ofthe various states, the various ethnic groups that have come to these shores have gonethe route from sheltered exclusion to participation in the mainstream ofAmerican life. Schlesinger called the public school systema "greatassimilator," and pointed out, asahexampleofwhatthepublic schoolsystem is capable of, the background of New York Governor Mario Cuomo. The public school system shouldbe the primary dcvice whereby weare able topass on the sense ofwhatitmeans to be' 'American to ourchildren, he said. But'among the current trends in education, the trend to belittle or trivialize the contributions to ourculture by ourprimarily europeanpastcausedhimgreatconcern. "The systematic disparagement of western values weakens our countryand culture,'' he noted, adding thatthere are many positive aspects of western culturethatwe should notignore in the education ofouryoung people. The fact thatno other culture has built sucha tradition ofselfevaluation and self-criticism into its fabric is evidenceoftheuniquenessofwestern thought, said Sch lesinger. Furthermore, he found these qualities particularly helpful in confronting the problems ofarapidly changing world such as the one in which welive. fie conceded that many ofthesechanges in western thought had come aboutthrough periods ofpainfulrevolu- However, it wasn't simply the "unmeltable ethnics'' (minorities) who were at fault in this regard, said Schlesinger. Themajority in this country was also beginning to isolate themselves from themainstream ofAmerican life, added Schlesinger. To regain the cultural vitality and strength, which for so long had defined the American people, not only the variousminorities, butthe majoritymust strive for the participation and assimilation of all groupsinto the mainstream ofAmerican life: "Ethnic chauvinism is a vanity no one can afford in a world ofinterrelationships.'' In a question and answer period that followed, Schlesinger statedhis opinion on affirmative action: he was for it in situations where there were demonstrated past racial discrimination and inequities, but once the barrierstoequality bad beenremoved,affirmativeaction maynotbe necessaryany more,and in all cases, affirmativeaction should neverbe thought ofas a permanent solution to racial discrimination. In the long run, Schlesinger said, people must be allowed to rise or fall based on theirown merits. tion and political upheaval, and he admitted therewere stillgrave and serious problems that smhadyettobe - SNOFTD WARCHEUVLD RAMATICIMPACTON BUISNTERAODLSYSTEMS CIMJNUASLTCE I byJoiCary,.Foreign Correspondent Atacomputer software trade show heldrecently inTaipei, Taiwan,Eye Tel Technologies,Inc., a Vancouver based computer software firm, demonstrated their latest software technology. TheTel-EYE-Vision 1000 isafully interactive video communication system thatintegrates existing computer software systems to provide visual communications, and isalreadyhavingadramatic impacton international law and business negotiations. Eye Tel has essentially created a video-telephone which can be used by the average 386-class personal computer. This' 'cutting edge technology allows usersto send full color, high resolution images to another computer viacommon telephone lines. EyeTel produces both still frameand motion picture video communication systems. The still version has a wide variety of applications including: tele-medicine (medical imager,'), military strategic planning, legal negotiations, real estate development and sales, general sales presentations, insurance, credit checks, governmentagencies, long distance education, and qualitycontrol. Tbe company is currently adapting a" version for the Departments ofDe tense in both Canada and the United States. Of the more promising uses for the still frame product are the checking of cr authenticating signatures and documents, and use by governmentagen it agencies and military installations in several countries are experimenting with ntrol, fingerprint identification and station-to-station per indquicke . :esat Jemonstratinghow gether in many div harmony. Further). shoul nity to provide li ership in this area slip us by. Schlcsingerthen talked about how. throu this multiethnicity 6 ■Ipinion anng many other nations apart. Public schools, to fulfilltl i mof it assimilators, should be oneofthe tl bring people together, not help aid. reisanewethni its form, warm denouncing assimilation and is rejecting the positive attributes, results, and ideals ofIhe American "melting pot." This new gospel "re; milationwilhfragmentation." December I,l' and ComputerComirsunicaiu RobertM.Calis(a.ka.Ri a telecommunicatk integrators. "As such, it' i igniflcant Advance inAudiogra] i n theirproducts. According to President and ( jreetowh .car: be used as limited by the imagination of its use in international law and business transactions are virtuallyendk The primary advantage of (he Eye Tel system over AT&T orothermanufacturers is thatinteractive video communication can be affordably made available to any one witha386 and the response time is far quicker than their competitors. T< i (he untrained eye this idvantageous. but in the last paced world ofinternational transactions and government interventionsecondsmay translate intomillionsofdolJars,theapprehension of crimin �...Maastricht, continuedfrompage 1 increasing its members and its markets. might thinkthat Lafili is not hopeful for the future ofthe European Community, however, youwouldbewrong. For,although Lafili is not hopeful for the ratification ofthe Maastricht Treaty, hedoeshave muchhope forthe success oftheintegration oftheEuropean Community. Lafili feels that ifMaastricht fails, it will not beaseriousproblemfortheCommunity. For "the Maastricht Treaty is, after all," said Lafili, "only a treaty, a text." In 1957, the Europeans began a process that is still taking place today. Lafilireminded hisaudience that thisprocess ofEuropean integrationhas been going on since the 1957Treaty of Rome, and added thatthe timeittook for integration did not matter. For, hesaid, "one dayEurope will come to this political union.'' Lafili also said that the twelve member states, as they exist today, are a result of nineteenth century theoriesofthenation-state. He noted that it may be time to redefine the borders within the community. Ernst and Young did a study thatfound thatEurope is a compositionofseventy-oneregions,saidLafili. He suggested thatperhaps Maastricht should be droppedand that asecond chambershould be created in theEuropean Parliament, a chamber thatwould represent the variousregions in Europe. Hefurther suggested thatthepowersof the European Parliament be reinforced. He said thatpresently, thereis a democratic deficit in the European Community, as the appointedEuropean Community Commissioners have morepower than the electedParliament. Lafili toldhislistenersthatanew treaty should be created, one that would' 'give Parliament new strength." Lafili additionallyexplained thata continent like Europe, which has such a long history, has time to wait. If Maastricht fails, hesaid, it wouldnot bring about thefailure of theEuropean Community andthefailure o fa unifiedEurope. A unifiedEurope istoday an everyday reality, unlike at the start of the process inthe 19505. Today, goodsandpeople travelfreelyaround theEuropean Community. Today, all citizens of Community members have the same burgundy-colored passport stamped' 'European Community on the front, said Lafili. While the people ofEurope may live in differentpro vinces and regions, theyall have the economy in common,he said. Lafili toldthe audience thatEurope has recovered from its sickness,noting that''today the Americans are afraid ofEurope." Today, Americans worryabout thecreation of"Fortress Europe,'' Lafili told theaudience, however, Europe cannot be a fortress because the twelve member states are all looking for investments. Lafili said that the idea of a "Fortress Europe" started the United States thinking thatone daythe European Community will be biggerthantheU.S. The U.S. startedlooking around to see whoitcould joinwith, creating at first theFreeTrade Agreement(FTA) with Canada, and eventually, the North American Free Trade Agreement (NAFTA) between Canada, theUnited States, and Mexico. However, in the meantime, the European Community was also discussing the possibilities for Lafili speculated that, eventually, the European Community will be a tremendous market, perhaps encompassing the present members,otherwestern andeasternEuropean countries, and the Mediterranean region. Lafili said that the United States willnot beable to keep up withthis tremendous market. ItwillbeinterestingtocompareNAFTA to Maastricht. NAFTA differsfrom Maastricht in thatthe twelve member states oftheEuropean Community have a common customs union,while inNAFTA each country keeps its own customs tariffs. However, NAFTA is similar to the Maastricht Treaty in that it is signed, but not yet ratified by the member countries. ItisLafili's feeling that NAFTA is only thefirst steptowardaunion similar to the European Community. Hereminded theaudiencethatthe NAFTA members are more similarto eachotherthan theEEC countries in the 19505. ThegoaloftheEuropean Community is toraise the standard ofliving ofits member states, Lafili said. The Belgian lawyer explained that the process that began with the Treaty of Rome in 1957 has balanced the standard ofliving among the member states. However, he said that the functions of the Europeancountries are changing, and that in the NAFTA countries, NAFTA can accomplish the same goal. Lafili also spoke on the topic of the United States anti-trust policy. He said that the policy exists to fightlarge monopolies and that it has worked from the beginning, as it accomplished/its goal ofbreaking the large railroad monopolies. It accomplished this goal,said Lafili, byputting therailroads outof business. Europeancompetition policy differs from itsAmerican counterpart, saidLafili. In Europe, he noted, the policy is not to create tradeborders between the countries, but to try to abolishthese borders. He toldhisaudience thatthe competitionrules in Europe should be turned to advantage. Lafilicontinued by statingthatsincethe 19505, theEuropeans havebeen working onthe creation ofa more unified continent. First therewere sixmembers oftheEuropeanCommunity, thentwelvemembers, andnow, more potential membersareknocking onthe door. The community has progressed fromthe idea ofafreetrade uniontoafull customs union, he said. Maastricht may be a failure, but the integration ofEurope willcontinue. Lafili told hisaudience thatit was importantfor Americans to knowaboutwhat is occurring inEurope, because ofthe potential effects ofthe unionon the United Statesand thepotential opportunitiesfor Americans in Europe. He said thatEurope ismoving towarda politicalunion, for people are living in artificially created states and the "Fatherland is actually Europe. Lafili added thatbyknowing other languagesyou canmore effectivelyknow and communicate withothers. Lafili concluded his presentation by saying that itisa goodthing for the people of Europe tohave aEuropean identity,rather than anational identity. However, the unification ofEurope should be seenas an intermediate step to something elseand should not be the ultimategoal ofthe unification process. CALL FOR PAPERS The Buffalo Journal ofPublic Interest Lawisnowaccepting submissions foritsinaugural.Spring 1993. publication. Former! vlnThe Public Interest, thejournal is pleased to announce thatit is nowprinted in association with the Buffalo Public Interest Law Program. The journal welcomes scholarly articles, commentary, and reviews examining law as an instrument of public policy from faculty, students, and practitioners in all fields of study. The inaugural edition will also feature a symposium, "Public policy, politics and the public interest in the 19905." This forum will feature a wide array of opinions regarding specific prescriptions for public policy and legal change which the next administration faces, based on the state ofthe nation as itlooks ahead to the realities of this decade. The journal invites youto submit an essayof2000-4000words discussinga limited area ofpublic policy or public interest law with which the next administration must cometo terms, including some possible avenues ofreform. The area you choose should reflect its importance in terms of social and economic conditions as they exist, orcanbe expected in the near future, as opposed to problems manufactured through purely political exigencies. Essays accepted for publication will be printed togetherin a forum designed to highlight areas ofpublic interest and concern, and to showcase the efforts ofa broad cross-section ofwriters addressing the pressing problems ofthe 19905. Submissions should be directed to: The Buffalo Journal ofPublic Interest Law University at Buffalo School of Law 118 O'Brian Hall Buffalo, New York 14260 The deadline for submissions is February 1, 1993. Articles received after this date will be considered for the Fall 1993 issue. For further information, please contact F.ditor-in-Chief, Aida Reyes, Box 220. "BAD FAITH"WINS DIVISION byJamesNasium mspiredbyseeingtheirnamesinprint in the last issue ofThe Opinion, the "Bad Faith" basketball teamwent outand trounced thepreviously undefeated "BhieTeam" bya score of58 to 38,winning theirDivision title inU.B.'sIntramuralBasketball League. After suffering their only loss ofthe season to this very sameBlue Teamback in October, afourpoint heart breakerthatwould have wreaked havoc on the psyche of any average team, Bad Faith was onlythinking of one thing on gamenight... PAYBACK! Unlike the slow start they began with last game,Bad Faith charged outto an early ten pointlead in this one on some great 3 -point shooting by point guard, Todd Scott. After getting rejected early in the game, with the defender exclaiming "get that shit outta here," Scott coolly proceeded to sink an exorbitantlylarge number ofbaskets in that same foul-mouthed defender's face, on his waytoa2o-pluspointnight EvenMarkHubal added an uncharacteristiclong range 3-pointer, as heplayed another consistently solid game bothrebounding and passing. Chris Marks, sick with the flu, disregarded bis doctor'sadvice and''hurled in a numberofroutinejumpers and lay-ups while looking surprisingly quick on defense for a man with one foot in the grave. BillKennedy, who must have played his best game ofthe seasonbecause he was never substituted for, successfully' 'cashed' *in from thekey and corners after being on diereceiving end of some nifty passes from Hubaland Scott Recalling thatthe BlueTeam had shot the lights outin their first meeting, the membersofFaith vowed to playrelentless defense during this one. Paul Dell employed the ' 'hippy trippy'' defense to stymieopponents and MarkEyer fouledevery opposing player at least twice as he was determined to keep them offthe scoreboard, and make up for his lack oflateral mobility. Tim Stevens, who played his strongest defensive game to date, used his phenomenal quickness in making steals and push ing thebreak. Eric Haase also added his voice to the tenaciousdefense from thesidelines wherehe wondered,"Whyam Ihere? IgetrrtoreplaymgtimeonNintendo." Despite the fast paced scoring and tough defense, Bad Faith was givena scare early in the second halfas the Blue Team closed the gap to four and the momentum seemed to shift. Faith, however, kept their composure and traded baskets back and forth with the Blue Team until a controversial technical foul call changed the complexion ofthegame. The "T" wasassessed against theBlueTeam when a Blue player tossed the ball at Kennedy after being fouled, and althoughKennedy nonchalantly threwit back at hisadversary, Bad Faithwas not given a "T." Instead, Scott proceeded to sink the foul shotsand put thegame out ofreach. The remainder ofthe gamewasmarred by numerous fouls sending Faith to the line time and again to add to theirlead. Again, Wendy, Colleen and Natalie, otherwise known as the "Faith Faithful" were senthome elated aboutthe victory. ...Ewing, continuedfrompage 3 courtsrealrydidn'tknowwhattodowimhim." According toEwing, "IfJusticehadbeenfound NGRI forthekilling ofhismotherandWayne Haun, thenhe wouldhave definitely gone to a state forensic mental health unit, which is a secure psychiatric facility. He'd have been kept there untilhe proved thathe'sno longer mentally ill or dangerous.'' The sameconditions will apply ifhe is sent to a forensic unit after he completes his prison sentence. Although Professor Ewing' s two most recent cases involvedtestifyingas to the insanity defense, he is no "hired gun." Outofthe4s defendants he' s evaluated, he has only found five to beinsane. Ewing commented,' 'Most ofthecasesthatl've been involved injhaven't testified in because I haven't come up with something that was useful to the party that retained me." In fact, Professor Ewingmakes a point ofnotbeing a "hired gun." Heexplained, "People who always find [for] one way or the other lose credibility quickly. .Whenyoutestify.youcreatearecord, and that record followsyou.'' The most famousprosecution case Professor Ewing was involved in wastheBernard Goetz case. One ofEwing's former students was working atthe Manhattan D.A.'s office at the time Goetz was charged. The alum had read Ewing's book onpsychological self-defense and wondered if Goetz fit within that category. He toldhis supervisor about Ewing and theprosecutoraskedEwing to beaconsultant on the Afterreviewing audio tapes of phone callsGoetzhadmade, videotapes ofhis confession, and other documentation, Ewing concluded that Goetz didn't fit within the category ofpsychological self-defense. Professor Ewing also stressed that the reason he's willing to testify that someone is insane isbecause thelaw requires it. AccordingtoEwing, "Thelawsays, Tfyou'reinsane you're notresponsible foryour crimes.' And that the proper mode of disposition is treatment." He sees threereasons why defendants choose toplead insane. First, the hospital isnot asroughasprison. Second, the insanityplea is . case. vindication of sorts. Ewing explained, "A finding ofGuilty ofMurderbrands you a murderer in the eyes of society, but a finding of NGRI says: Yesyou've committed the crime, butNo.youweren'tresponsible." Third, some defendantsand defense attorney sreally don't understand the consequences oftheinsanity plea. ProfessorEwing hasalso testified asan expert witness on behalf of many battered women. He doesn't testify that they're insane. In fact he believes, "Mostbatteredwomenare not insane. Most battered women whokill their batterersdo so forveryrationalreasons." Generally,Professor Ewing testifiesthat the battered woman acted in self-defense, or sufferedfromExtremeEmotionalDisturbance. The second defensemitigatesMurderto FirstDegree Manslaughter. The effect of that in New YorkState would be to reduce the sentenceof2s-LIFE foraMurder conviction, to 8 1/2-25forManslaughter. OnlytwoofEwing's cases have received ouuight acquittals, while the rest received sentence reductions. The most interestingfacetofProfessor Ewing's forensic psychologistcareer islearning why he does it. While a psychologist, Ewing became very active in child abuse cases. He testified in courtduring the 1970s and foundhimself very frustratedwiththe way the legal system handled childabuse cases. So he went to law school, thinking that maybe if heknew the legal system betterhe could make moreofanimpactonbehalfofabusedchildren. Summing up his career at the present time, Professor Ewing said, "I still feel like a lotofmy workison behalfofbattered kids, but it'satadifferentlevelnow. It'stryingtohelp society see that cases like Felicia Morgan or John Justiceare the results ofchild abuse and neglect. That's why I wentto law school and that' swhy I pursued the career I have, and why I still do. I still believe that the most significant factor in creating violent juveniles is child abuse. If you want to stop juvenile violence, you have to stop beating kids. PHI ALPHA DELTA Wishes to thank the editors ofthe 1992-93 Student Directory for their time, commitment, and hard work. Co-editors: Diane Bolt, Lisa Dalfonso, Hon Lai, W.F. Trezevant Saultan H. Baptiste Editor in Chief You've Done A Great Job !!! December 1,1992 The Opinion - 7 �HHH Sffiß contenUest^Q^arn increased 1 ! «Hn «BHH9H ■ —Mi^aflflHßl "The written materials were excellent-very t0 th e real thing. The workshop helped to cushion the "shock" of the New York essays." HH W.A., Pace Law School HH| think^VwasTTi^^^^^ "' . woe / I 1 know he BSBSHS ; "Overall, one of the best educators I've encountered " in my entire career. The workshop was superb. If I pass I owe it all to Professor Lakin. He taught organization and managed to "sneak in" quite a lot of substantive law as well" A.G., Fordham Law School —— I FOR MORE INFORMATION CONTACT: : H GILBERT New York Essay Advantage" 1500 BROADWAY • NEW YORK, NY. 10036 • (212) 719-0200 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4a44cf411013f059c830ca510259adde.pdf b2244c8eb87109837b300d27a8f61452 PDF Text Text Volume 33, N0.7 TO HE PINION STATE UNIVERSITY OF NEWYORKATBUFFALO SCHOOL OF LAW November 10,1992 Polish Professors Discuss Recent Changes in Poland by Sharon Nosenchuck No w that theIron Curtain has beenpulled down, how will itaffectthelaws oftheformerly CommunistEuropean countries? On Monday, October 2, the International Law Society sponsored adiscussionon' 'TheRecentChanges in Poland.'' Pro fessors Szumanski and Klich, from the Jagiellonian University in Poland, talkedabout thegrowingpainsoccurring during Poland's switchfrom a socialist to a capitalist economy. Professors Szumanski and Klich are teaching a law school course this semesterat U.B. entitled "European Post-Communist Countries inTransition: Legal and Economic Aspects. The two Poles ordinarily teach at the JagiellonianUniversity in Krakow, Poland. Krakow is on UNESCO'S list ofplaces of World Natural and Cultural Heritage. The Jagiellonian University, founded in the fourteenth century, isoneofthemostprestigious universities in Europe. Professor Szumanski is a practicing lawyer inKrakow, inaddition to teaching at the Jagiellonian University. Pro fessorKlich is an economist who teaches at the Jagiellonian University. Besides teaching the course at the UBLaw School, ProfessorKlich isworking in theUß SchoolofManagement. During their discussion, the two professors spokeabout therestructuring ofthe in Poland to theirhome country. Additionally, foreigners could not own a majority interestin VisitingPolish Professors Klich andSzumanski Polisheconomy fromacommand economy to a marketeconomy. Theyspoke aboutthe process for converting state enterprises into privately-run entities.Additionally, Szumanski and Klich discussed the creation of capital markets in Poland. Szumanski spoke on thetopic offoreign investment inPoland. He said thatbothPoland and the foreign investor can benefit from investment intheformer Communist country. Polandreceives hard currency andtheforeign Lavender Law I I byDebbie Gottschalk UB Law students Debbie Gottschalk, 2L, and Rhonda Weir, 3L, joined over fivehundredattomeys, judges, studentsand activists for Lavender Law 111,the third biennial conference ofthe NationalLesbian and Gay Law Association inChicagoonOctober23-25. The conference featured more thanfifty sessions convering a diverserange oftopics. In additionto formal discussions, caucuses were held by people ofcolor, women, students, peopleliving with HIV/AIDS,and people with disabilities. Gerald Mclntyre, an attorney from Savona, New York,noted that,"comparedto theothertwo[conferences], andinspiteofall the problems, likethereferendums in Oregon and Colorado, the advances we've made are really remarkable. [People] are talking very differentiy, what was cutting edge before, people are talking about in terms of specific strategies, not just in terms of setting precedent" Attorneys from Alaska to South Carolina, Missouri to Hawaii, spokeabout thework that they are doing in their communities and shared the differentstrategies they employed. At the advance family law session, people talkedaboutlegal strategies thattheyare using whenthey write contracts forsurrogatemothers and third-party sperm donors, as well as concerns about the rights ofchildren. Other issues discussed were the need to educateother attorney sand judges against homophobia, as wellas the need to makelesbians and gay men aware that they often do have legal rights, especially regarding custody, and accept unjust settlements to avoid going to court. Of local interest, New York is one of onlyfiveorsix states thathas allowed gay and lesbian co-parentadoptions and Buftalo'sadoptionsare the only ones tohave (HXiuTed outside ofManhattan. In Washington, gay and lesbian co-parentadoptions have become so routine that the Department of Social Services has Photo: Paulßoalsvig investor gets comparatively cheap European labor and access to Polish markets. Szumanski told theaudience thatPolish lawsarechanging, making it easier forforeignersto investin Poland. UnderCommunistrule, it was difficult for foreigners to invest in Poland, he said. To protect the socialist economic system, the Staterestricted legal forms of doing business. Under the Communists, foreign investors could not ownreal estate in Polandnorcould theyrepatriateincomeearned a Polish enterprise. Another difficulty for foreign investors was dealing with the Communistbureaucracy. Szumanskirecounted an anecdote told to nimby aWesternNew York businessman. The American flew to Poland and discussed foreign investing with a particularPolish bureaucrat. Thenanew government official took over the position. The new bureaucrat said that he did not know anythingabout thedealmade withtheprevious governmentofficialand that the WesternNew Yorker would have to start the negotiation process all over again. Szumanski said that the majority of foreign investors in Poland today are Europeans, with the Germans leading the way. Because ofpossible governmentand economic instability, some investors such as the Japanese are leery about investing inPoland andthe other former communist european countries. However, Szumanski said that the Japanese are willingto invest in Bulgariabecause ofits high tech industries. Under COMECON, the former Communist/Eastern European Common Market, Bulgaria was responsible for manufacturing hightechnology goods. Aproblem for allforeigninvestorsduringthis transition, from a Communist to a capitalist eco...Poland,continuedonpage 6 Law Faculty Votes to Change Grading System decided to treat them in the same manner as step-parentadoptions. A majorbenefitofthis change is that a detailed homestudy is no On Friday, November 6,1992, The UBLaw Faculty voted to change the grading longernecessary fortheadoption. systemtomcbde(+)and(-)gractestdthecunentH,Q ) D) The session on international gay and willalsoremove the(*) category asanoptionforprofessor grading.The systemis scheduled lesbian rights was also exciting. Speakers to gointo effect Spring, 1993. discussed the potential for invoking internaA recent SBA studentsurvey.revelaed thatapproximately halfofthe students who tionallaw in domestic courts and the resoluvoted wanted to return to a traditional A-F system, a quarter simply wanted to get nd of tion ofAmnesty International'shighest decitheQ*. another eighth wanted tomamtainthestatusquo.andthebalanceeitherwanted , , sion-making body explicitlymakingprisoners apass/Msystem,a''Q*"with"Q+ s"and"Q- s'\orsomeomergradingsystem. Based detained for being gay "prisoners of conupon these results, the faculty delected that the students indeed wanted change (See, science." Panelists and audience members Politics, Policy and SBA. page 5 formore details). also discussed the recent conference ofAsian Lesbians in Japan and the Latina Lesbian Enquentro in Puerto Rico. Finally, theInternational Gay andLesbianHuman RightsCommission described its role insupporting gayandlesbianrightsaround the world. "Action alerts" are an emergency byDanHarris Students in ProfessorEwing'sEvidence guiltybyreason ofinsanity forthe murders of response network to protest lesbian and gay class saw therules ofevidenceputto use. Since his father and brother. On appeal, a state humanrightsatrociuesaroundtheworid. Sometimes the international networkis used to press Friday, October 30,ProfessorEwing hasbeen appellant court found the verdicts inconsistent concerns in the United States. in theErie County Courttestifyingas an expert and the guilty verdicts were overturned. JusOverfifty studentsattended the student witness at the trial of John Justice. Many tice is nowbeing retried for the murders ofhis students came to see the trial, and to watch motherand the driver. meeting. This year, the two studentrepresenProfessorEwing, whoisalso considered tatives willdevelop a mailinglistand network theirprofessor in action. In 1985, John Justice killed both his an expertinpsycho logy, examinedJustice,and ofgay,lesbian,and bisexual law studentgroups in the United States and Canada. They will parents and his brother. In a failed suicide has determined him insane. He has been also becompiling a handbook forgay student attempt, he crashed his car into another car. testifying at the trial abouthis examination of organizationswhich will include chapters on The driverofthe other car became Justice's Justice, and the basis for the conclusion he reached. For more detailson the trial and story forming an organization, gettingthe military fourth victim. He was tried for the four murcourses for the found forthe murders ofhis guilty off campus, and developing ders. Hewas ofJohn Justice,please see the next issue o fThe The not him are the driver. justforming juryfound Opinion. curriculum. Many campuses motherand gay studentorganizations,andmostwere surprised to hear that the JAG Corps is still recruiting here. Rhondasummedup the conference well when she said," It was a great opportunity to 3 Group Spotlight discusslegal issues thatare not covered inour 4-5 Editorials & Commentaries classes and to talk with attorneys about the 6 work theyare doing. It was very inspiring." Cheap Seats Lavender Law IV will beheld in October, 1994, 7 BasketballTeam Wins Playoff in Portland, Oregon. See you there. Prof. Ewing Testifies as Expert Witness at MurderTrial HIGHLIGHTS �PUT THE KNOWLEDGE OF LAW IN ORDER Study with Pieper...and pass. J U U v U \J v 0 f\ 0 t\ (\ f) i\ _____ ;; Pieper New \brk—-Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 Telephone: 1-800-635-6569 or (516) 747-4311 PIEPER REPS: Deborah Barone, Jack Canzoneri, Andrew O'Brien, David Smith, David Teske �The Hibernian Law Society Kevin P. Collins, iNewsEditor Freshontheheelsofa wildparty held on Thursday, October29th, the Hibernian Law Society (HLS) is back on thelaw school Over 150law students came through and later stumbled out ofthe doors ofTheDiplomat, a barlocated on Allen Street in downtownBuffalo. The evening provided a much needed escape and social occasion to break up the scene. odicals available to the law school. Further, last year, along with the Graduate Group on HumanRights, the HLS broughtMr. Richard Lawlor, Esq. to the school. Mr. Lawlor is an official ofNoraid, an organization that supports thecauseofa unitedIreland. Hespokeon the human and civil rights struggle taking place in thenorthofIreland andtheabusesand atrocitiesbeing committed by theBritish gov- 3L Completes Marathon On Sunday, October 25, Emily Sanderson, 3L joined the ranks of successful marathon runners. Ms. Sanderson finished the Marine Corps Marathon in Washington, D.C. and hertime was three hoursand thirty-one minutes, placing herin thetop ten percent ofwomenwho ran themarathon. The fantastic finish also qualifies Ms. Sanderson to participate in the Boston Marathon in April 1993. The effort to run a marathon is a significant contribution oftime, physical endurance, mental preparation and dedication. Ms. Sanderson shouldbe recognized for herachievement and supported in the spring when she trains for the Boston Marathon. Congratulations, Emily!!! - - Coming OutWeek . GROUP SPOTLIGHT will be a series featuring a differentstudent group each issue. semesterand gave everyone the opportunity to emment The presentation was very well atsocialize withfellow law studentsofall years. tended and received by law students, The conversations andpeopleattheparty were under grads, andmembers oftheBuffalo comonly surpassedby the flowofbeer, which never munity A very lively and emotionally laden ran out, eveninto tneweehoursofthernorning, debate and question and answer session folattesting to thefact that the HLS is the group lowed, dealingmainly with Mr. Lawlor'ssupatlawschoolwhoknowshowtothrowaparty. port fortheIrish RepublicanArmy (IRA). The HLS was started in the late 1980s, students who join the HLS get to t and interact with other interesting law around 1988-89.According to local folk lore, thefounderwasrecentkwsclK»lgrad,Norbert students. Further, studentsare able to increase theirculturalawareHiggins'92.TheHLS _——_—. was initiated ostensiness of the problem in NorthernIreland. bly as adrinking club, butwiththeincoming For example, you classof 1990more far wouldbecome aware of Joe Daugherty, a reaching goals beHLS was kept in partofthe person came for9 prisonintheUS focus. Michael he although Dwyer, currently a3L years committed no crime and President ofthe here, and then reHLS, was part ofthat cently, in the middle class and was instruofthenight, was exmentalin broadening tradited the scope ofthe HLS to a jail in NorthernIreland. In purpose. addition, students The purpose will become aware and basic mission of an into theIrish cultural gain insight theHLSistocetebrateandpromotemeculture ofand will as the and roots. students willlearn history Lastly, and heritage ofthe Irish people and, thatitisimportanttogivebacktoyour commufuturelawyers and legislatorsofthis country, nity. to become better involved withrespect to the Thosewhoare interested in joining the issues and concerns ofall parties involved in HLS shouldkeeptheir eyesopen forarecruitthe conflict in the north oflreland, sothatthey to beheldinmid-November before mentparty may, in whatever small way, be able to help a reunited break. to Thanksgiving Anyone wishing the bringabout peaceful solutionsand who more informationmayconjoin Ireland. Tothatend,theHLSdonatesmoney or wants to charitable organizations, both locally and tact 3L,Michael Dwyer, the HLS President, internationally. TheHLSraises funds thro ugh Box# 79,orany ofitsofficers,2L,Sentaßany, many means, includingholding social events Box#6l2;3L,MicheleParker,Box#2B3;2L, likelastThursday'sparty. Such eventssolidify Christa Bowden, Box #620; 2L, Beth the HLS claim to fame as a great social club o'Halloran,Box#73s;or2L,MaureenMahon, which holds the best parties. Last year, the Box#7lo. The HLS has many goals forthis year. HLS sold outon over 100 T-Shirts. The HLS also administers annualraffles, with giftsdo- The first istoraise over $2,500 to contribute to the Belfast Summer Relief Program and to nated fromlocal Irish organizations. In addition, the HLS also effectively raises money establishascholarship fund for an incoming 1L oflrishdescent to be usedto defraythe costof throughcoffeeand donut sales. Lastyear, the HLS raised over$ 1,500to lawschool. Secondly,the HLS hopes to signifibe utilized to fund the BelfastSummerRelief cantly increase itsactivities and to invite more speakersto theschooland tobegin exposing the Program. Since the conflict in Northern Ireland hasbeen defined as being between tween schooland the community to themany cultural the Catholic and Protestant denominations, offeringsavailable fromIreland and theIrish there is a need to show how the two can get people. Thirdly, the HLS is looking into the along peacefully. Thus, theProgram'sobjecpossibility ofcollaborating with Irish-Ameritive is to bring out children from Northern canorganizations, bothlocally and nationally Irelandwhoare 16yearsoldoryounger,tocome in order to lobby Washington about the conandliveintheUS.AnequalnumberofCatholic cerns over and the situation in Northern Ireand Protestant children stay with American land. Fourthly, theHLS isrunning a program in families, affording them theopportunity to see conjunction with a local organization which life beyond the violence ofNorthern Ireland gives Toys for Tots. Fifthly, the HLS will and to learn and observe how Catholics and continue to hold great social events. And fiProtestants can and do get along and live sidenally, relating to social events, the HLS will by-side in the US enabling them torealize that hold itsannual St. Patrick's Day Party. the sectarian hatred between Catholics and Membership in the HLS is open to stuProtestants is exclusive to their homeland. dents ofall descents, and not just Irish. The H LS is currently looking for itsyearly GoodThe HLS desiresand believes in apeaceful solution to thereunification oflreland.To will Ambassador. Two yearsago, itwasNorbert that end, the HLS makes law students more Higgins. Last year, it was 3L Bob Gormley, who spent a lot oftime spreading the word at aware ofthe issues anddevelopmentsby makthe Shabeen. This year, it can be you. ing subscriptions to Irish newspapers and peri- . LLaw By Charles Greenberg The Lesbian, Gay, and Bisexual Law Students (LGBLS) recently held a series of "events celebrating National Coming OutDay, which is held annually on October 11. This year's celebration included wearing jeans to demonstratesupport forgay andlesbianrights andprotesting the discriminatoryhiringpoliciesofthe JAG Corps. However, itwas Sandra which,inmanyways,brought to a head the meaning of gay rights and the continuingstruggle whichmanygayand lesbians face in order to secure those rights. Ms.Lowe isDirectoroftheGovernor's OfficeofLesbianandGayConcerns. Herlongstanding involvement in the gay and lesbian community, as wellasher involvement in the civiland women' srights movements, earned her this position. Prior to accepting thisjob, Ms.LoweworkedintheofficeofthePhiladelphiaPublic Defender. She was also an attorney at theLambda Legal Defense and Education Fund,wheresherepresented Joe Stefan, the top Navy cadetdischarged from the Naval Academy afterdisclosing his gay status. In her discussion, Ms.Lowe indicated that gays andlesbians continue tobe the focus of violence and discrimination in American society. As evidence ofthis, she pointed to attacks ongaymales in the GreenwichVillage section o fNew YorkCity, which ishome to a large and thriving gay community, as wellas to attacks here in Buffalo. These acts ofviolence often gounnoticedby both thelocaland nationalpolitical establishment Furthermore, lawsremain onthebooks in many states prohibiting sodomy, whicheffectively precludes those states from prohibiting discrimination against gaysandlesbians. Ms.Lowe indicated thatalthough these laws have been upheld by the SupremeCourt(seeBowers v. Hardwick), she is optimistic that these laws will eventually be invalidated. She pointed out that the Kentucky SupremeCourtrecently overturned thatstate'ssodomylaw. In addition, theTexas sodomy law is also being reviewed by that state'scourtandTexasgovernor,AnnRichards, supports this effort Ms.Lowe isalso optimisticthat withalarge-letter writing and lobbying effort,Albany could passCivilRights legislationforlesbians and gay mennextyear. (New York'ssodomy law wasoverturned in 1981.) Nonetheless, gayand lesbianrightsare far from secure. In the last election,anti-gay measures were on the ballot in several cities and states. An amendment to the Oregon Constitutionwould have declaredhomosexuality to beabnormal, perverse, unnatural,mor- ally wrong, equated it to pedophilia and bestiality,andprohibited the statelegislature, which would have plenary powers inthismatter, from passing laws to protect gaysand lesbians. This amendment was defeated at the polls by a narrowmarginofs6percentto44percent The sponsors of the amendment, the Oregon Gitizen'sAssociation,promoteswhatitclaims are traditionalfamily valuesand we so encouragedby the amount ofsupport the.,leasure received that they said they would try again nextyear. Voters in Portland, Maine, defeated a referendum that would have repealedthe city'sprohibition ofdiscrimination inhousing and employmentbased upon sexual orientation. Onthe other hand, proposals to repeal similar gay rights legislation passed in Tampa Bay,Florida, and in Colorado, where similar ordinances wererepealed in Boulder, Aspen, and Denver. Ms.Lowe statedthat termslike "family values" isjust a smoke screen to hideanti-gay andlesbianbigotry. Ofcourse, speakersat the RepublicanNationalConvention like theReverendPat Robertson, Pat Buchanan, whoran unsuccessfully for President last winter, and VicePresidentDan Quay leand hiswifeMarilyn couldbarely disguise their contempt for gay and lesbian lifestyles and their assumption that their lifestyle choice is the only legitimate one. Ms. Lowe also discussed the federal judiciary,which hasnot been particularlyreceptive to gay rights concerns. Over seven hundred judgesand five Supreme Court justices owe theirseats to formerPresident Reagan andout-goingPresidentßush. NowthatGovemor Bill Clinton of Arkansas has won the Presidency, perhaps he will appoint judges who will be more receptive to such rights. Thereare currently over onehundred vacancies in the federal judiciary. Also, with five Supreme Courtjustices over sixty,and two ChiefJusticeWilliam Rehnquist and eightyfour-year-old Justice Harry Blackman ill, there will likely be vacancies in that court in the upcoming years. Certainly, thePresidentelect will have an opportunity to reshape the federaljudiciary.(She humorously added that she would be happy if Justice White and the Chief Justice retire, and if something awful happens to Justice Thomas. She didnot say - - what however.) Ms. Lowe, a graduate of one of the pioneer CUNY law school classes, lives in New York City withherlover andchildren. U.B.Law Alumni Association Recognized TheUniversity at Buffalo Law Alumni Associationhas beenrecognized by the State University ofNew York Confederation ofAlumni Associations for itsBuffalo Alumni Mentoring Program. TheUB Alumni Association wasjudged tobe the best throughout the entireSUN V system in the category ofoff-campusalumni programs. It was cited in particular for the mentoring program, whichis a jointproject withthe Career DevelpmentOffice enabling studentsand recent graduates to meet with experienced attorneys in order to discuss a variety ofcareer issues. Liz Walsh,Director o fExternal and Campus Relations for SUNV Central Administration, statedthat' 'Theactivities associated with the law school's mentoring program fosterrelationships that are obviously beneficial to the law school,established alumni and the recent graduate. The fact thatthe program does not place extraordinary demands on any oftheparticipants makes it even more commendable.'' The award will be presented to Dene Fleischmann, Executive DirectoroftheUBLaw Alumni Association, at the Confederation's fall conference on November 7, in Port Jefferson. November 10,1992 The Opinion 3 �OPINION Volume 33, No. 7 &%T ; November 10,1992 Editor-in-Chief: VitaA.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh LayoutEditor: GarySimpson PhotographyEditor: Paulßoalsvig ArtDirector: BillKennedy StaffWriters: Tracy Dale Sammarco, W.F. Trezevant Contributors: KathyKorbuhy, Pablo Marchona, Debbie Gottschalk, CharlesGreenberg, Bridget Cullen EDITORIALS - New Grading System in Store for Students Soon! The faculty finally acted and modified the grading system. Based upon their interpretation ofthe latest student survey on the subject, the faculty decided to abolish theuse ofthe enigmatic Q* " andadd pluses (+) and minuses (-) to the current range of grades (save the F, ofcourse). However, now the faculty plans to heave this new change on the student body in the very next semester. After recklessly insisting the system was good year after year, over the vociferous objections of students, last semester the facultyfinally began showingsigns ofletting up. One survey this semester and they finally gave in. They may be doing the right thing on the one hand, but to implement the system in the very next semester and thus leave current students with evenmore cryptictranscripts is wrong. UB Law students already have to carry around an explanation sheet to explain the current grading system, they should not now have to carry two. Theadministration should find a way to implement its new grading system prospectively, or at least come up with a way to translate the new system into something compatible with the old for those who have already been subjected to the former system. In any event, for those ofus who expressedour opinion on the issue at the voting booth, an old adage comes to mind: be careful of what you wish, f0r.... Clinton Change Must Be MoreThan Rhetoric There's a new President in the White House, but the celebration must be cut short. Clinton has his work cut out, as there are numerous problems that America needs to beaddressed. Clinton must first swiftly but wisely selecthis cabinetpositions. It wouldbe commendable iftakes this opportunity to place more minorities and women in important policy-makingpositionsin Washington. The Opinion calls on Clinton to reduce the deficit; putmore money into theinner cities, to pass the Family Leave Act; to change his position and oppose the North American Free Trade Agreement; to increase CAFE standards, to select Supreme Court Justiceswho will upholdRoe v. Wade and a women'sright to choose; to carefully appoint members to the NationalLabor Relations Board; to oppose school vouchers; and to pass the Motor/Voter Registration Bill. The challenges facing the new Clinton Administration are great. Yetthis ishis opportunity tocorrect the errors ofpast administrations and put America first and foremost. The problems in our backyard need to beaddressed as seriously as thoseabroad. IfClinton forgetsand fails to address this, in four years he may be fishing in Kennebunkport or telling one-liners in Texas while playing his sax. Copyright 1992. The Opinion.SBA. Anyreproduction ofmaterials hereinis strictly prohibited withouttheexpressconsent oftoeEditors. The Opinion ispublished everytwo weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState UniversityofNew YorkatßuffaloSchoolofLaw. Theviewsexpressedinthispaperarenotnecessarilythoseof theEditorsorStaffofThe Opinion. The Opinion isanon-profit organization, thirdclasspostage entered atBuffalo, NY. Editorialpolicy ofTheOpinionis determinedby theEditors.The Opinion is funded by theSBA fromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves theright to editfor length and libelous content. Letters longer thanthree typeddoublespacedpageswillbeedited for length. Please donot put anything you wish printed under our office door. Submissions can be sent via Campusor UnitedStates Mail to The Opinion. SUNY AB Amherst Campus,724 John T xird O'Brian Hall,Buffalo, NewYork 14260 (716)645-2147 orplaced in law schoolmailboxes 2230r611. Deadlinesfor the semester are theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. 4 The Opinion November 10,1992 Opinion Mailbox 2L Doesn't Care for Blum Woes To the Editor: Itmay come as a surprise to The Opinion editorial staffto learn thatthe' 'Blum issue is nota topie ofmajorinterest orconcern to me-a 2L and typical member ofyour contituency. This is simply a case ofan ex-professor whois having difficultiesmanaging his career, and I cannot imagine why ithasremained a mainfocus ofthe student newspaper for morethan one year. During my firstyearI wasbombarded withmaterial inmy mailbox from Professor Blum; it is unfortunate that The Opinion is continuing the process. If he had a dispute with the administration, itwastotally inappropriate to dragstudents into the controversy. It isno different than involving customers ininternal political struggleswithinacompany; itcan bedetrimental to the institution and destroygoodrelationships. IfProfessorßhimreally cared about whatisin the bestinterestofthelaw school, he would not tryto pull students into his controversy and manipulate the student press into keeping his profession problems inprint This is notan issue ofgreat interest or importance to students it's history. Professor Blum is nowgone, let's get on withworking cooperatively to builda strong law school and develop a good rapport between students, faculty, the administration and the community. Asa former law professor, I imagine thatMr. Blum hasenough confidence in the integrity ofourlegal system to believe that an equitable solution to his profession difficulties will evolve. I would be very disappointed to hear that he believed the outcome would be influencedby manipulating presscoverage and involving students in hisdispute;we are herefor educational purposes, notto help wage the battles ofa man having difficultieswithhis career. IchallengeThe Opinion to publish two consecutive issues withno mentionofthe "Blum issue" unless there is some real news to report. Sincerely, Hopeolsson,2L - Alumni Describes Long Grade Change Fight To the Editor: lamarecentgraduateofUßLawSchool(l99l)andduringmythreeyearstherellobbied vigorously to changethe H/Q gradingpolicy back to the traditional A-F grading system. Inthe Springof1990,1 convinced the SBAto sponsoraforum in which I debatedthe issuewithstudents andfaculty. lalsoconvincedtheSßAtoholdastudentbodyreferendumontheissueduringthe 1990SBA elections. Iwroteanumberofarticlesin The Opinionopposing theH/O grading system duringmythreeyearsatUß Law School: "The H/Q: A Gag PrizeBehind Door NumberThree," 4/4/90 at 5;"New Testing and Grading PolicyAnnounced," 4/4/90 at 3;"TheWayward Grading Policy," 9/13/89 at 6;"SBA to Hold GradePolicy Forum,'' 2/28/90 at 1. The H/Q narrowly defeatedhonesty and common sense in the referendum. Status quo inertiaalwaysseemstogivetheillegitimateincumbenttheedge. Studentsdon'tdiscover,until itis too late,howlacerating the H/Q sy stem isto theirportfolio. Once they have graduated and are mired in a full-time job huntand begin to get that chronic feedback and those incessant questions about grade translations, then they begin torealize whatamistake itis. Butby then, the referendum is over,and anew generation ofbright-ey ed,bushy-tailed victims islulled into complacency, inertia and a false sense of security under the H/Q format. And what's worse, contraryto whatyou'vebeentold,asubstanhalnumberofemployersinthis professionare asking prospectiveemployeesabout theirgradeslong afterthey have graduated,and long afterthey have established themselves in their practice. It haunts you for an eternity. Lateral-move job applicants with 10-15 years in practice are asked for theirlaw school transcripts. It'soneofthose analretentive preoccupations thatinfects so many in this profession. RecentarticiesintheOctober27,l992 issueofThe Opinion failed to appreciate thefact thatthe Grading Committee Report(GCR), which proposed the H/Q system 22 yearsago and explined the rationale behind it defines the Q as: "A qualified grade [which] indicates the minimal performancerequired to completethe course satisfactorily.'' The definitionisexplicit The current transcript explicitly defined the Q as a C in the legend whichaccompanies every transcript sent out by this school: ''QQualified Professionally qualified work within the NORMALRANGEofperformance.'' The' 'NORM" theaverage,representsaCby definition. The argument thatthe Q somehow equivocates itselfinto a B defies simplelogic. The GCR expressed faculty awareness thatthe H/Q system created asynthetic elite class at the top oftheheap due to the artificially monumental gapcarved out by the H/Q system in order to generously separate the H grades from the restof the pack. In fact theReportcited as oneofthethree' 'effects'' ofthe H/Q grading system, the feet that itwould "encourage students to strive mightilyfor anoutstanding grade in order to distinguish themselves from the mass of theircolleagues.'' Whatblistering irony that the mostprevalent argument in defense oftheH/ Q is the contention thatit mitigates competition, while in fact itratchets up the competition in an all or nothing skirmish fortheall-important H grade. Why would the faculty try to pretend that it lessens competition? Itis interesting to notethatthe GCR was established "inresponse to expressionsofconcem raised byfaculty members,'' NOT by students. The faculty wanted to streamlinethe valuation processbecause itfeltthe B distinctioncreated a burden for thefaculty. This becomes doubly ironic in light ofthe fact thatthe concerns ofthe students were entirely different The Report states: ' 'The discussion with students revealed a significant fact nearly all problems and criticisms eventually could be traced back to theranking system.'' It was theranking policy thatwasresponsible forthecut-tfaroatcompetition, not the gradingsystem. Theranking system is an entirely separate and distinctissue. This shcool can refuse to rank students under the traditional grading system justas well as under the H/Q system. The ranking change was prompted by studentconcerns; thegrad ing changewaspromptedby the faculty desire to simplify thevaluationprocedure. This is ironic as well, sincethe chief concern aired in the GCRwas the inherent danger ofoversimplifying the prospectiveemployer's valuation task by reducing it toamindless, onedimensional, single-criterionexercise thatlooked only ata student'srank, whileignoring other relevant, diverseindicia in the student's record. While the GCRwas doling out this insightful lecture from the pulpit itproceeded toconstruct justsuchan oversimplified procedure forthe faculty by proposing what is, essentially,an oversimplified, two-bin sorting operation which keeps thefaculty from having to think too hardabout the gradesthey're doling out in wholesale fashion. Ifyou intend to vote on the H/Q referendum and ifyou believe itis an important issuefor all those future generations ofstudents who will be impacted by your decision, I urge you to become informed before you decide to support the H/Q system. I especiallyrecommend the above mentioned articles. You'll only getone bite oftheapple. I urgeyou to avoid the worms. Sincerely, -- -- Garyß.Ketcham,'9l �Politics, Policy, & the SBA , Trials By Natalie A. Lesh I madea secret vowto my selfthatthe 1992 Presidential election would never be the subjectofone ofmy Features Articles. It was fairly easy to remain faithful to this promise; theugly nature ofthecampaigning discouraged my interest in commenting. Nowthatitisallover- it'shistory.youmight say-Ifeellessboundbymy vow. Moreover, whatI wantto discuss has more to do with the election process thanwith the election itself. Most people are aware ofthe existenceofthe "ElectoralCollege." Very few people, however, actually know whatit is, whatitdoes,orhowitworks. Isupposethat the election was important in this respectitreminded people about our history, our formofdemocracy.andourConstitution. I wasso embarrassed by my ignoranceofthe topic thatI engaged in alittleresearch. My conclusion: we should getrid ofthe Electoral College in its entirety. I shall not herereiterate verbatim the provisionsoftheUnited StatesConstitution which deal with the electoral college system;I refer those ofyou whoare interested toArticle 11,Section 1 andAmendmentXll. Basically, the individual states are delegatedthe authority to appoint electors in whatever manner they choose. Most importantly, each state may decide how their electoral votes are to beawarded. All but a few statespresently bind their electors bytheresultsofthepopularvote-thatis,the candidate whowins the popular vote in the state is awarded allofthe electoral votes of that state regardless ofthe size ofhis/her popularvoteplurality. The Constitutional provisions mandate that the electors ofall the states must meeton the same day,chosenby Congress, in order to submittheir votes. These votes are then transmitted to the President ofthe Senate, who, in the presence ofthe entire Congress, is to openand countthem. As originally established, the person receiving the greatestnumberofvotes was electedPresident and the personreceiving the second greatest number of votes was elected VicePresident, ifthatnumberrepresented a majority ofthetotal number of electors. Tbisoutcomewasabandonedwith theratification ofAmendment XII, afterthe problematic and confusingpresiden tialelec- tionof 1800. Pursuant to AmendmentXII, each elector casts two votes- specifically designating onevote fortheofficeofPresident and one vote for the office of Vice President. Twolistsarethentransmitted to the President of the Senate, who, again, mustopen and count them in frontofCongress. The person who winsa majority of electoral votes forPresident iselectedPresidentandthe personwho winsamajority of electoralvotes forVicePresident is elected Vice President Based upon thepopularvote taken on November 3, we are able to know immediately whether a candidate willreceive a majority ofelectoral votes. Again, this is because all but a few of the states mandate the award oftheir electoral votes asabloc. Theeffectofthisisobvious: the vote in the electoral college is a mere formality. If no presidential candidatereceives a majority of electoral votes, the newly elected House of Representatives is to choose, by ballot, the winner. In this vote, each state's representation must vote as one; each state gets only one vote. If the House fails to elect a President by March 4 ofthe following year, the Vice President shall act as President until a decision is made. (Interestingly, Amendment XII is silent with respect to whois to act as President if the vote for Vice President is simi- bySaultan H Baptiste, ManagingEditor Features Editor larly dragged out, as it certainly would be today.) The potential undesirable effects of the electoral collegesystem are numerous: a person may be elected who fails toreceive a majority ofthepopular vote; thepersonwho winsthepopular votemay notbeelected; the popular vote is greatly distorted;and, the vote may bedecided by the politicaland partisan House ofßepresentatives. Fortunately,there haveonh/beenafew incidencesin ournation'shistory whichillustrate these negative effects. In 1912,WoodrowWilsonwaselected Presidentby winning 435 ofa possible 531 electoral votes- since it was a three-person race,however,hewononly42%ofthepopular vote. Similarly, in anotherthree-personrace in 1968,Richard Nixon won in the electoral college by a 110-vote margin, yetreceived only43%ofthepopularvote. And,in 1992, BillClinton willwin alandslide victory inthe electoral vote, but garnered only 43% ofthe popularvote. APresidentwhofailstoreceive at least 50% of the popular vote certainly cannot claim a mandate upon entering that office. It has happened three times in our history that acandidate wholostthepopular vote won after the electoral vote. The last time was in 1888, when Grover Cleveland won 49% ofthepopular vote and Benjamin Harrison won 47% ofthepopular vote, yet Harrisonwon inthe electoral votebya233to 168margin. In 1825,the election was throwninto the House whennoneofthe four candidates was successful inobtaining a majority ofthe electoral votes. Behind-the-scenes scandal and intrigue resulted from the pressure of suchahigh-stakesvote. It wasrumored that John Quincy Adams and HenryClay, two of the candidates, had cut a deal: Clay would giveAdams his support in the House vote if Adamswouldappointhim Secretary ofState. John Quincy Adams eventually won the House vote, and subsequently named Clay the new Secretary ofState. From this briefsurvey ofhistory two things become clear: the electoral college vote will actually matter only in a few elections,and in those situation weare better offwithout it TheFramersoftheConstitutionwere wary,perhaps for good reason atthetime, of majorityrule. Peopletoday,however,donot fearmajority rule- instead, they demandit as their right. People today believe that the Presidentshoiddbethechoiceofthemajority. In addition, I believethat thefeeling of empowerment which is inherent in this heightened grantofauthority willpromotea moreresponsible and careful electorate. Citizens of the United States have beenpromised''change by President-elect Bill Clinton. Eliminating the electoral college system should not rank among the priorities ofthe new administration, yet it certainly wouldbe a step in the direction of progress, of giving power back to "the People," andofCHANGE. For.isn'tittrue that tradition for tradition's sake is wrong - . DATELINE: Thursday November 5,1992 s:3opm, R00m207 "Ridiculous. Frustrating. Tiresome. Thesewords... come to mindas Ithinkabout trying to describe the most recent SBA meeting. Iwas ...too optimistic in believing that this group ofpeople could, or would, settle downandconduct theirbusiness in a rational manner" Natalie Lesh. SBA TJp Close and Personal.October 16,1991. Well, very little seems to have changed since oVer a year ago, but maybe we are a slightly better this year. Maybe. Youcould hear the murmursofpolitical jockeyingand stratigicalplanning even before the meeting began. Itwas no surprise that Iwas in for a 4 hour war ofwords. Even the SBA Secretary, Bridget Cullen, called the meeting acircus(See "Bridget'sßtotter," pg. 7). Ijust wonder that since she is also on SBA, what particular act she would call her performance. But lets get to the story. TheWoes ofHigh Priced Coffee: 1LPatty Bryantaddressed the SBA regardingher concern over thecomparably high prices and deficient quality ofthe food providedby theFaculty StudentAssociationatthe Baldy Walkway onthe2nd floor. Specifically, she compared the price ofcoffee at various locations oncampus. Here wereherfindings: Uni-Mart -$.54, Anderson's $.60, Coffee Machines-$.40, Baldy Walkway-$.84. Patty said she felther concerns were an important quality oflife issue that the SBA should address, especially given the average law student's financial constraints. 1L Class Director, Mark Panepinto, who sits as a student representative onthe F SA, saidhe wouldraise this issue with the committee. Patty also suggested that law students supervise a coffee table toprovide coffee at a reasonable price. However, 3L Director, Scot Fisher, raised the point thatFSA has an exclusivecontractwithUß as afood vendor,andthat ' 'technically" thesalesoftengivenby student groups are actually illegal. To institute an - ongoing studentcoffeeboothmay causegreater harm to student organizations who rely on thosefunds to operate. Other Directors suggested a campus wideprice survey on other itemsand aboycott ordistributionofinformation to the studentbody as anappropriate cause ofaction, howevernothing definitivewasdecidedbythebody. SBA Director Expelled: The issue that seemed to sparkthe most fire was when SBA President William F. Trezevantannounced the automatic expulsion ofScotFisher from the SBA Board dueto his threeunexcusedabsences fromSBAmeetings. Fisher,who hasarenown historyofSBAactivism, was expelled under § 5D of the SBA Constitutionand § 6(A-F) ofthe SBA Bylaws. § 6(A) states that [t] wo unexcused absences result in an automatic expulsion from the BoardofDirectors fortheremainderofthe term ofoffice.'' The rule provides for areinstatementoftheBoard memberupona2/3 voteof theBoard. Although previewed during an earlier debateoverthe listing ofexcused and unexcused absences inthe SBAminutes, battlelines were clearly drawn. 2L Director, Kevin Collins, exclaimed, "I'm going to loose my fucking temper in5 seconds.'' A motionwas made to go into executive session because' 'it would turn into adebate over personalties." Upon a majority vote, the doors(orcurtains, in Room 207) were closed to the media andthe student body. As viewedfroman observer's perspective, the real issue is not whether Scot Fisher should havebeenreinstated, butthe amount of timeSBA spent onthisone issue at theexpense ofothertimely matters. Outofa4hourmeeting they spent 1 112 hours on this one issue. My otherconcern is whyabattle shouldhavebeen necessary, otherthantoallowaweekly "Battle oftheEgos." And why an executive session? The issue seemed clear. Should Fisher be voted back intohis Director's seat or not, due to his absences? Itwasaquestionofhisconductnot hispersonality; orwasthisan opportunity for SBA to waste 11/2hourswithpetty bickering in a cocoon of privacy? Should SBA have openly and directly addressed the issue and movedontomattersmore crucialtothe student ...Politics, continued on page 7 . LOK AHEAD... : 1 andthatchangeistheonryconstantinlife??? Deadline for next Issue: Thursday,November 19 Leave submissions in Box 223 or Box 611 November 10,1992 The Opinion 5 �"The Roaming Photographer" byPabloMarchona This week's question: What should the ClintonAdministration do to change the Reagan/Bush Status Quo? Rob Cisneros, 2L: Jo Ann Armenia, 2L: Drew Pinkney, 2L: Joel Sunshine, 2L: Attitudes in general should bechanged.I think I think they should pass a law requiring thatthe Bush. forth a Constitutional Amendment to keep it that way. The administration should work to change socialinequities,and provide funding forPublic Interest projects. TheStatusQuo shouldbe changedfrom:"What can I get from others?, to ''What can Ido for the first step was made by removing George budgetbe balanced within six years,and put ...Poland as Russia), all citizens, even children,receive others?" ofstateindustries inPoland. He discussed how the State is carrying out the privatization of continuedfrompage 1 stateenterprises, both through foreign investnomic system, is that commercial law in the ment and through the use ofcapital markets. post-Communist countries is unstableand conThe Polish government is using several stantly changing. means to convert to a market economy. One The two professors discussed the prob- tool the government is using, said Klich, is lems Poland has in exporting goods to Europe mass privatization. The two men told the and therestofthe world.ThePolish professors audience thatthe Polish government is creatsaid that underCommunistrule, Polish facto- ing "trust funds" in which thePolish people ries wereable to produce shoddy goodsand still will be able to invest. The purpose ofthese export them to the other eastern European funds is to bea vehicle for collective investcommunist countries. This isbecause the Polment in securities. The trustfunds, similar to ish manufacturers faced little competition. mutual funds in the United States, will own However, now that the former COMECON shares in newly-privatized businesses. The countries have access to better-madeWestern objective ofthese funds is to dispersetherisk European items, consumers in these countries ofinvestment Thetwo professors said thatall are no longer willing to buy inferior Polish adult Polish citizens will receive vouchers products. with which to invest. They told the audience Klich spokeabout themass privatization thatinsomeformer Communistcountries(such From the Cheap Seats investmentvouchers. The two professors said that each of these trust funds will be managed by Western managers. In ananswer to a questionfrom the audience, Szumanski said that the Polish government does not intend forthis tobe only a short-term solutionto the lack ofexperienced managers in market economy techniques in Poland. He said that the structure of these trust funds do not contain ways for the gradual conversion oftrust fund management to Poles. The Polish professors, inresponse to another questionfromthe audience, saidthatthePolish governmentdidnot worryabout theeffect of this foreign monopoly on the management of the trust funds. A stock exchange, established in May 1991,isnow functioning in Warsaw, said the professors. However, theyalso toldthe audience thatcurrently not many firms are listed on the stock exchange. Thetwoprofessorsnoted thatthe stock exchange is patternedafter the one inLyon, France. Therefore, itdiffersfrom the Americanmodel ofstock exchanges. Although theattendance was small,the audience for the discussion by the two Polish professorson' 'TheßecentChangesinPoland'' was quite interested in the topic, asking numerous questions, to which the two men gavethoughtfulandknowledgeable answers. Professor Szumanski will be leaving Buffalo onNovember 10. Woody's Lament byß.B.Zeke Husband and Wives, Woody Allen s mostrecent ode to failed romance, is a movie similar in themeto some ofhis earlier films but much bleaker in tone. Once again Woody's battleground is a Manhattan occupied by upper-middle class professionals whoare utterly hopeless and helpless when it comes to sex,romance andrelationships. At the end of "Annie Hall" the audience was reminded that we continue to submit ourselves to the pain, heartache and aggravation ofrelationship because' 'we need the eggs.'' While the bittersweet comicconclusion suggestedthatfinding alifelongrelationship filledwith romance and happiness was a Sisyphean endeavor, itnevertheless seemed to optimistically applaud our eternal efforts. Maybe, if we kept at it long enough, we would someday get itright. At the very best it was nice to think so. Forgetit! "Husbandand Wives" slams the door on the notion that passion and romance can be sustained in a relationship. The choices Woody gives his characters are between chronicdissatisfactionand suburban drudgery." In Woody'sworld,relaw U)eLCor-|E To tionships go sour, but sometimes we hang on anyway because the devilwe know is better than theone we don't. In the end, love is pared down to know more than tolerance oftheperson we are with. Frankly, Irefuse to subscribe to this view because it's justtoo depressing. However, two ofmymovie-going buddies, TucoBenedicto and the Highway Queen, both thoughtWoody had gotten it justright As Tuco succinctly stated as we left the theater, "C'est la vie.'' All ofus enjoyed the performances. Judy Davis, Mia Farrow, Sidney Pollack and Woody all hit home nins. Theonly irritatingelement was Woody's decision to use hand-held camera in filming many ofthe scenes. I suppose hewanted U > give it a d( >cumentary feci, buttoo often it's simply annoying. I'll be back in two weeks. In the meantime, I've got to finish a paper and go shopping forsomceggs. I 6 The Opinion November 10, 1992 LAUJ&HOOL l*! A CALL FOR PAPERS The BuffaloJournal oflntemational Law is a publication which stresses the application oflegal principles to specific internationalproblems. The specificfocus ofthe Journal will change annually, and the choice of the topic will reflect current issues that are important to international law. The focusofourthe premiereissue is Biodiversity and Biotechnology, which includes the economic, socialand political implications ofthese currentchallenges in international law. All submissions should be double spaced, with footnotes, submittedin duplicate and, if possible, submitted on disk using WordPerfect 5.1 to: The Buffalo Journal ofIntern. Law University at Buffalo School ofLaw O'BrianHall,Amherst Campus Buffalo.New York 14260 Thedeadline forsubmissions for the June, 1993 issue is January 15,1993. Articles received after this date will be considered forthe subsequent issue. For further information onthe Journal, please feel free to contact Michael Radjavitehat (716) 884-1942. I'*LOOK TO YOUR- LEFT.. ."I �... Politics, NoRoom to Breathe: continuedfrompage 5 The SBAplanning committee prepared body? 2L Class Director, Joel Sunshine, commented at the end ofthe meeting that' 'certain issues belong in an executive session... this is something that should nothave.'' Whileawaiting the conclusion oftheir "highly sensitiveand' 'crucially important meeting, itwascommon tosee Class Directors roaming the halls for extended periods oftime (and itwasn't to goto the bathroom). Although not allowed to observe the meeting, I could discernthe atmosphere inside as I sawDirectorscome outside the meetingroom arguing, yelling, and literally crying based upon commentsmadeto each otherduringthe "closed session. Attheconclusionofthe session, Scot was reinstated. Finally. Results ofStudent Poll on Grading Issue: SBA President William F. Trezevant announced the results ofthe student opinion poll taken during the recent SBA Vice-Presidential election regarding UB law school's current grading policy. The results were as follows: A,B,C,D,F 45.67%. a draft letter regarding the inadequacies of Room 207, formerly the oldmailroom. The letterstatedthattheroom provided inadequate spaceforalawclassand poor ventilation. The room, as statedabove, has nodoorsand doesnot preventthe noise from the heavy traffic ofthe second floor. In addition to requesting that these matters be addressed, the letter requestedthe return ofßoom 209 to the control ofthelaw school. Currently, Room 209 has been put under the control of ÜB's Central Administrationfor generaluse. Appointment's Committee: Patty Campbellreported thatthe search is still proceeding to fill approximately 2-3 faculty positions in thelaw school. The committeehasreviewed over 1000candidates and they havenarrowed thefield toapproximately 30 potential professors with diverse areas of concentration. Patty added that the faculty committee members has been very diligent and committedto filling ÜB's faculty vacancies. TheRest wasLeft on the Table: 23.62% Due to fact that is was 9:30 pm and H,Qwithout* 14.17% severalDirectorsand Executive officershad to H,Qwith* leave, thereby disolving quorum,several im7.09% H.Qw/*&+/Pass\Fail 5.91% portant student issues, suchas student fees,and Other 3.54% other committee issues had to be tabled. currentsystem AndNow,TheßestoftheStory: It wasasserted during the course ofthe The Directors spentalotof timequestioning the options students were given(which SBA meeting thatThe Opinion was in collutheBoardapproved inapriormeeting)and tried sion with members ofthe SBA because we to manipulate the statistics to prove their covered themeeting. Nothing is further from personal positions on the issue. Iwon'tattempt the truth. In fact those who followed Natalie to explain their arguments (you can translate Lesh's regular articles last year "SBA. Up theresults for yourself). Close & Personal will remember that The New Mailbox Policy: Opinionhasalways feltthe obligation to bring The SBA Mailbox Committeeare planthe goings on ofthe SBA to the student body. ning to institute a new policy where students Students have aright to know whattheir will have anoption to preventnon-lawrelated, elected representives are doing, or failing to for-profit solicitation from being inserted in do. Like any political machine, ifnot contheirmailboxes. Should astudent choose not strained by public oversight, it will have no toreceive such mail, ared dotwouldbe placed impulse ofits ownto change itscumbersome, nexttoastudentsboxnumber. SomeDirectors inefficient ways. I, therefore, urge you to mentioned thatalthough studentsclearly have attendthe SBA meetingswhich areheld weekly a choice, some students would be unaware of on Thursdays in Room2o7ats:3opm. Andto opportunities thatmay beavailable to them. thoseSßAOfficerswhocan'ttaketheheatof the electorate ~ get out ofthe kitchen. By Bill Kennedy WHAT: BLSA Meeting WHEN: Tuesday, November 10,5:30pm WHERE: O'Brian Hall, Room 107 LOWDOWN: Generalmeeting WHAT: "Let Him Have It" WHEN: Wednesday, November 11,6:15pmand Thursday, November 12,6:15pm WHERE: O'Brian Hall, R00m406 (Wed.)and O'BrianHall, Rooml 06 (Thurs.) LOWDOWN: Crimeand Punishment Video Series. Free admission. WHAT: Display onNorthAmerican FreeTrade Agreement WHEN: Wednesday, November 1 1,9:00am-2:oopm WHERE: O'BrianHall,Second FloorLobby LOWDOWN: Sponsored by TheLabor & Employment Law Ass. andLaw Students For CorporateAccountability for Graduate Group HumanRights Week WHAT: How to Take Finals, Professor Engel WHEN: Thursday, November 12,5:00pm WHERE: O'Brian Hall,Room 109 LOWDOWN: Sponsored by LALSA "Towards aLarger Freedom: Human Rights in Africa" Prof. Claude Welch, UBPolitical Science DepL WHEN: Thursday,Novemberl2,2:ooPM WHERE: O'BrianHall, sthFloor Faculty Lounge LOWDOWN: Discuss work with African Commision on Human Rights WHAT: How to TakeFinals, Professor Engel WHEN: Thursday, November 12,5:00pm WHERE: O'Brian Hall, Room 109 LOWDOWN: Sponsored by LALS A WHAT: WHAT: The Good, theBad, & the Ugly II for 2Ls WHEN: Monday,Novemberl6,s:3opm WHERE: O'Brien Hall, Ist Fl. Student Lounge LOWDOWN: Get athird year perspective oncourse selection. Sponsored by AALSA & BLSA First Year Exams: A Student Perspective Tuesday,Novemberl7,s:3opm WHERE: O'BrianHalL Room 107 LOWDOWN: Sponsored by AALS A & BLSA WHAT: WHEN: New SBAVice-President Results from last week's SBA Vice Presidential election were announced last Thursday, October29. Third-year studentßarbaraHurley wasnamed thenew VicePresidentofthe SBA. The releasedvotetaUy indicated thatHurleyreceived 148votes, withfirst-year studentPaulBeyer garnering 137votes, and third-year studentNancy Johnson receiving 68 votes. Half Court Press: Bad Faith Wins Playoff Game ' 'BadFaith,'' the Law School'sunofficial representative to U.B.s Intramural Basketball League, beat up ona much younger squad ofundergrads(who haveaskedto remain nameless) en route to a 44-26 victory last Thursday night. This was Bad Faith's first playoffvictory since the team' sinception into the league in the Spring of91. The team ismadeup entirely of3 dyear students: Paul "Ineversawashotldidn'tlike" Dell, Mark 'Tthinkl'mabig man" Eyer.Eric ' 'E-Ball'' Haase, Mark' 'E-Mark'' Hubbell, Bill "Cash"Kennedy, Chris "He'sgoteyesall around his head" Marks, Tim "Original Recipe" Stevens and Steve Levitsky, a.k.a. Todd "I have two firstnames'' Scott. After trouncingtheiropponent 85-24,in a fundamentally unsound gamethe previous week, Bad Faithappeared very lax in the first halfofThursday'sgame. Mostoftheteam's2o first halfpoints came from the charity stripe, wherethey shot90%,and whenthe halfended Faith found themselves only holding on to a slim 4 point lead as they entered the hallway thecourt ChrisMarkslookedlikeaspryyoung manof29as he blocked shots withhistremendous leaping ability and completed the fast break timeand again. Hubbelland Kennedy connectedforsome textbook scoringplaysand strong rebounds, and when Eyer entered the gameall threeplayers took turnsroughing up theopposition. As usual, Dell hustledall over the court on offense and Stevens turned in a tenacious defensive performance causing a fora quick drink. numberofturnovers. Thesurpriseplayerofthe However, the team finally gotontrack game, however, wasHaase as hefoundhimself in the second halfwhen Scottcame outtolead open for a plethoraofscoring opportunitiesand theteam dribbling, driving and dishing all over even sanka threepointer like a veteran. law. If you wouldlike to join,KevinCollins is thegrouphoncho-comancho. Oneothernewly Things are functioning as usual at the forming group that grabbed my attention was weekly SBA meetings, I'll let you decide the Unemployed Law Student Association. However, they have not yet approached the whether that is a positive or negative comment Anyway,ifyourlooking forawaytopass SBA for funds, so I don'thaveany further info. Now thatthe semester iswindingdown, your extra time,pop in onThursday evenings and seethe meeting in action. Last week's and the Bar-Review courses are again out meeting waschock full ofexcitement people recruiting, I havejustone question-when isthe spitting each other,peoplepicking theirnoses final time leanregister forthe discountedßarIt'sbetterentertainmentthanthecircusand Bri program? I'm justnot sure- itseemstobe discounted every semester. Inregards to the it's for free! courses, the SBA has passed a Bar-review Congratulations to Barbara Hurley,the motion that the Bar-review courses prevents new SBA Vice-President It's about timewe from our boxes and wall-papering filling womanon the executive board! got another O'Brian Hall with fluorescent paper. From The Native American Law Student now to on, beallowed advertise they only will Association has beenofficiallyrecognized as an SBA Group. Anyone interested in joining, on the''Official SBABar-review Course Adtalk to Greg Hill. They seem to have a lot of vertising Board," and we will be charging a worthwhileactivities on theiragendaand will nominal feefor thisserviceto help supplement behaving aT-shirt salesometime in thefuture the SBA's income. As always, if you have any ideas for to raise funds for these activities. Also, the LaborLaw Society had theirfirst meet ing last future SUA activities, stop in at 101 O'Brian week, where they ...well ...talkedaboutlabor and dial with one of us. Adios! BlBriodgett e'sr .... "Maastnch: A Broken Dream,'' Louis Lafiii. WHEN: Tuesday, November 10,7:00pm WHERE: O'Brian Hall, Room 109 LOWDOWN: Lastest European Economic Community Development WHAT: - The turning point ofthe game came in the middle ofthesecond half whenBad Faith caused theiropponentsto calltime-out in order tocomplainabouttheroughplayofFaith. The team smeltedfear in the oppositionand immediately went into a full-court press which confounded theless-experienced undergrads andresulted in 10 quick points for Faith and sent their die-hardfans intoa frenzy. With all ofthis momentum Bad Faith cruised to what turned outto be an easy victory. The Desmond Moot Court Board is pleased to annonce that thefollowing Golden Opportunity The UB GOLD (Graduates ofthe Last Decade) Group invites all law students to join them at Spike' s,Buffalo' snewest watering hole, 268 Main Street, onThursday, November 12,from5pm-9pm. Foramere $5, you will enjoyplentiful hors d'oeuvres ~ enough for dinner ~ and a cash bar with lots of drink specials. This is a GOLDEN opportunity to network and schmooze with alumni, so don'tmiss out! people have been invited to become Associate Members ofthe Board: Steven C. Balet Christaßowden Todd Card Michelle Crew Bridget Cullen JohnDillon Francisco A. Duarte Michael Hueston RobinKaplan MaxineLee Michael Mahar Marianne Mariano BrianMercer TamieMorog RobertNieweg Charles Patton HelenPunders Kevin Raphael Brian Reddy November 10,1992 Walter Rooth Kevin Ross Steven Samide Amy Sassenhausen Gary Simpson SentaSiuda Keelan Stern JoelSunshine Sarah Swatzmeyer Chandy Sweet William Trezevant Wayne Van Vleet NelsonVargas Andre Vitale JaneWade JenniferWillig KevinWoods Michael Yehl The Opinion 7 �/ I With >* Hearing \ ™ Believing wr Every year, thousands of BAR/BRI students rave about the quality of BAR/BRl's lecturers. BAR/BRl's lecturers are experts on the law, experts on the bar exam and experts on lecturing. "I had no idea the course was this good," is a typical comment. Now, for the first time, you can find out for yourself just how good the BAR/BRI lecturers are. For your own free audiotape or videotape sampling of the BAR/BRI course, ask your student representative, stop by our display table or write to BAR/BRI directly. In return, you'll get an earful. BAR REVIEW The Nation's Largest and Most Personalized Bar Review � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-11-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/10/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0e7c20daee9ca3c7a69e6d87f9505e3a.pdf 4053f319b8dd50cfc114452c18197c77 PDF Text Text THE OPINION Volume 33, N0.6 STATE UNIVERSITY OF NEWYORKAT BUFFALO SCHOOL OF LAW October 27,1992 1 Supreme Court Upholds Susan Jones Conviction byK.Jillßarr it seems, did not take that suggestion. On thewinning side ofthe argument, Mr. Mercer Women who have been convicted ofpassing illegal drugs to a minorthrough pregnancy and birth may now berequired to undergo Norplantimplementation according to aunanimous decisionhanded down by the "United States Supreme Court". The Moot Courtroom in Buffalo was the site ofthe 6th Annual Charles S.Desmond Memorial Moot Court CompetitionFinals, the lastround in aweek long competition. When the decision was handed down by the highest court, Brian Mercer and Gary Simpson had successfully represented the State's concerns and were declared the first place team. Mercerand SimpsonarguedfortheState'spositionthatthePetitioner, Susan Jones, was not denied her Bth Amendment rights under the prosecutorial scheme designedby the staterequiring probation and Norplant implementation. Mercer and Simpson furtherargued that, even thoughthe right toprocreate is subject to strict scrutiny, under such an analysis the petitioner's rights were only protected to a lesser degree due to her conviction. As representatives for the Petitioner, Helen Pundurs and Jennifer Willig put forth an argument advocating fortheirclient's fundamentalright toprocreate and her status under the applicable criminal statute. Pundurs argued thatthe state law presented a ' 'novel prosecutorial strategy that in essence punished the wrong behavior. She claimed thatthe statute was incorrectly applied to herclient by suggesting that the act the law is meant to punish is conduct. The K. JillBarrpresents theDesmond Memorial Moot CourtFirstPlace TeamAwardtO GarySimpson andBrian Mercer Photo: DanHarris Petitioner's attorney unsuccessfully asserted thather client's status as an addict was the correct application ofthe law, not her conduct, which was passing drugsto her child throughthe umbilicalcord. In aflurry of exchanges between the court and Ms. Willig, the court soughtclarification ofthe issuethattheclienthadgivenupher Constitutional right toprocreate by waving incarceration and choosing the probationand Norplant implementation. Willigforcefully responded that the "choices" were, in reality, not choices at all. She went on to suggest that residential rehabilitation would accomplish the sameresultless intrusively. The Court, Ex-Hostage Holds Audience Captive byPaulßoalsvig, 14, the Western New York community hadthe opportunity to hear the wordsandwisdom ofthe manheld longest in captivity by Muslim terrorists in Lebanon. BatavianativeTerry Anderson, former Assodated Press Bureau Chief and Middle East correspondent,told theaudience of3800 people atthe Alumni Arenathatwhenhevolunteered in June of 1982to go to WestBeirutand cover the events thatweretaking place there, it was agreatopportunity, an' 'exhilarating,exhausting" experience, and themost intenseplace he had everbeen. Although hismemories o fthe Middle East will forever be clouded by his experiences as a hostage, he admitted he still loved thepeople andplaces ofthe MiddleEast His captors, rather thanbeing representative of Muslims as a wholegroup, werea tiny fanatiTerryAnderson Speaks atAlumniArena cal faction ofa rather small wing ofIslam. It Photo: Paul Roalsvig is a shame, Andersonremarked, that the first image thatcomes to mind for mostAmericans intransigenceofthe Hezbollah (themostradiofIslamic people is the face ofa wild-eyed calfaction), madean error in judgment(or as terrorist, when the overwhelming majority of he called it, "a sudden attack of stupidity"). Hetotally forgotabout the events ofthe previMuslims are wonderful, caringpeople. Over the years, Anderson noted, the ous day, when hehad eludeda carwhich had Palestinians and Shiite Muslims had been chased him through the streets ofBeirut. The given very little notice by the media. In the next morning, after eating breakfast, he wake ofthe post-World War II Middle East nonchalantly left his then-6 month pregnant treaties,these groups hadretained very little wifefor aroutine tennisappointment Chased political andeconomic power, and the Shiites again by a car containing four young men were oftenignored due to theirrelatively few brandishing guns,hewas not sohicky this time. He was told by hisabductors thatheshouldnot numbers. All that came to a dramatic turnabout, saidAnderson, when theU.S. Embassy worry,sincethiskidnapping was' 'political.'' Mr. Anderson's onlyresponsetothiswas: "Oh inBeirut was bombed. Spurred on by the success ofthe Ayatollah Khomeini in establishing Shit!" a fundamentalist Moslem state in Iran, the He was blindfolded, chained, and thrown into a cell. Many of the events that Shiites throughout thearab world werebecoming a force to contend with. OnMarch 16,1985, occurrednext are stillunclearto Mr. Anderson, TerryAnderson, whowas inLebanon working Ex-Hostage, continuedon page 10 on astory about thepower ofthe Shiitesand the .. asserted thatthe Court ofAppealswas correctinruling thatthe passing ofthe illegal drug to the newborn was conduct underthe statute. Even though theCourt drilled Merceron whatknowledge anaddict can have, hestood his ground. When Chief Justice Denman commented thatthePetitioner didnot know she wouldbe delivering the child when she ingested the drug, Mercerasserted that she should haveknown andthatthe state enacted ageneral statute which is designed to protect children.'' He commented further that it is a heinous act to take drugs whichwill create an addicted baby. The finaloralargumentwasmadeby Simpson for the state. Simpson clearly set forth the main points of his argumentcontending thatNorplant does not violate Petitioner's fundamentalrights. The compelling state interest, Simpson maintained, is to prevent thegrowing number ofcrack babies in this country (and implicitly withinthe state) and the societal costs whichare associated withthese children. ' "Thesechildren are not the children of(the Petitioner's), they are the children of New York State!'' Simpson declared to makehis point. Whenasked by JusticeMurphy whatthe state' sposition would be ifthere wasa violentreaction to the implants, Simpson acknowledged thatanamended hearing would take place. Murphy queried further, "Then the state wouldincarcerate?". Simpson'sreply, "Notnecessarily, therecouldbe othermethods developed.''. ...SupremeCourt, continued onpage 10 DesmondAwardWinners Ist Place Team: 2nd Place Team: Gary Simpson and Brian Mercer Best BriefAward: 2nd Best Brief: 3rd Best Brief: 4th Best Brief: sth Best Brief: JenniferWillig and Helen Pundurs Michael Mahar and MichaelYehl Joel Sunshine and Sarah Swartzmeyer RobinKaplan and Remla Parthasarathy Amy Sassenhausen and JaneWade BestOralist: 2nd Best Oralist: 3rd Best Oralist: 4th Best Oralist: sth Best Oralist: Brian Reddy Robert Nieweg Kevin Woods Bridget Cullen Andre Vitale Semi-Finalists: Bridget Cullen and JohnDillon Kevin Raphael andKevin Ross Quarter Finalists: Robert Nieweg and Brian Reddy Joel Sunshine and Sarah Swartzmeyer Michelle Crew and Marianne Mariano Amy Sassenhausen and JaneWade JenniferWillig and HelenPundurs HIGHLIGHTS Group Spotlight Editorials & Commentaries Great Grade Debate SoccerTeam MakesFinals 3 4-5 7 8 �I REGISTRAnON MUST I LL/l/yZ I -*»**-- II I I The Pieper Course Includes: * fefly writing |H Complete lecture B B |B - , WITH THE Hfcl Hi IH HiIB jg IAH HIV * Multistate Practice * and Exam + Multistate Professional Responsibility Exam I WPPTBT UlllAll * """ ■ Multistats Volume y| H + New York Law I * Law student's discount of $200 will be deducted from the cost of $ 1,300 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November I. 1992. ■ B B ■ Volume Professional Responsibility H /lia JUflfl I itper O /rj (~*JfIQQ filltHflnrP ill-\JIUOO UUIUUiILC I ! For more information see your Pieper Representatives or contact: PIEPER NEW YORKMULTISTATE BAR REVIEW, LTD. B The Bar Course That Cares. |H 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 PIEPER REPS.: Deborah Barone.JackCanzoneri,AndrewO'Brien,David Smith,DavidTeske �The System FailsWomen GROUP SPOTLIGHT will bea series featuring a differentstudent group each issue HomelessTask Force by Kevin P. Collins, News Editor The Homeless Task Force (HTF) was started twoyearsagoby Ms.BarbraKavanaugh, the Supervising Attorney for theHousing Unit ofNeighborhood Legal Services (NLS). Ms. Kavanaugh discovered thatmore and moreof her clients werebeingevictedand that they did notknowwheretogoorwhomtoturnto forhelp. Ms.Kavanaugh learned, through personaljob experience, thathomelesspeople have adifficult time going to a law office in order to receive legal assistance. She furtherrealized thathomeless peoplehave a tough timereceiving any legal help at all. John Jablonski, 3L, was the first law studentcoordinator, whenthe HTF was started and he helped set up the program in order to incorporate volunteer law students. Bob Gormley, 3L, wasthecoordinator lastyearand is also a volunteer this year. The purpose ofthe HTF is to provide basic legal assistance to homeless, or nearhomeless, people and indigents. The HTF provides better access to legal services by actively seeking out people insteadofwaiting for them to have to try to find legal assistance ontheir own. The HTF educates people as to theirrights inorderto makethemaware ofwhat rights they have, thus empowering theirclients withknowledge they had previously not been privy to. The usualproblems HTFmembers confrontare thattheirclients need help in finding housing, are often improperly locked out of their homes, are denied emergency public benefits assistance, need help in obtaining child custody and support, and also require assistance in getting divorces and orders of protection. This semester, the HTF is going to five sites visiting each site once a week: (1) The StVincent DePaulDining Room on Main Street on Wednesdays; (2) The Little Portion Friary on Main StreetonWednesdays; (3) The Salvation Army- also awomen and family shelter- on Thursdays; (4) The Central City Cafe on Eagle Street on Fridays; and (5) The Friends oftheKnight in Allentown. Whenthe HTF goesto eachofthese sites they do client intake. Sometimes they make referrals to other agencies or organizations which can better or more directly help the clients, such as to the Volunteer Lawyer's Project(VLP). Afterthelaw studentmembers dotheclient intake, they go back to the Housing Officeanddo CaseReview withMs.Kavanaugh or another Supervising Attorney. After this consultation, thelaw students open theclient's case file and write letters to the client with informationregarding their situation, how the law applies, andperhaps areferral to anappropriate unitwithinthe NLS oran outside agency, suchastheVLP. Thelaw studentmembers of theHTF oftenadvocateonbehalfoftheclients, especially with regard to social workers, in order to straighten out the clients' benefits. When it becomes time, thelaw students then closethe clients' fileand send a closing letter to the client. The two core law student members of the HTF thisy earare 2L JoeAntonecchia, Box #603,and2LDebGottschalk,Box#663. They are responsible for covering the site visitsand for supervising thevolunteerlaw studentmembers ofthe HTF. Those who wish to jointhe HTF should look for notices next semester. Itrequires a serious commitmentonthe student's part,and aresume and astatement ofintentarerequired. Thosestudentswhodobecomevolunteermembers ofthe HTFhave to go to a site oncea week and attend aCase Review with the Supervising Attorney. " members... get to learn and practice basic ... legal skills [and] advocate on behalf of the clients..." Primarily,the HTF existsbecause there is a real need to extend legal services to indigents and toaddress thelegal needs ofthe homeless ornear-homeless. Students who join the HTF haveanopportunity to get involved in something worthwhile off-campus. Members ofthe HTF get to learnand practice basic legal skills such as doing client intake, handling client files, writing clientletters, developing advocacy skills with social service departments, working with experienced attorneys, andescorting clients to court. Membersofthe HTF workwithand learn manyareas ofthelaw, especially poverty, family, housing, student loans, public benefits, and administrative law. We can look for the HTF to run a food drivethissemester. The HTF also plans to hold informative events by bringing speakersto and setting up displays on the law school. The HTF is open toall law students ofall years. Currently, thereare two (2) core membersandten(lo)volunteers. The HTF operates outoftheNLSOffice,Suite49s,intheEUicott Square Building, 295 Main Street, Buffalo, New York. by Tracy DaleSammarco, StaffWriter What protection does the criminal justicesystem offer forwomen whoare subjected to domestic violence? Do the writtendomestic violence policies ofthe law enforcement establishment ever translate into workable standards for the safeguarding ofwomen's rights in the real world? Do such written policies even exist? Theseare tough questions to answer. At best, wemay make some feeble arguments on the side of law enforcement- it does the best thatitcan under the circumstances. Atworst, thesequestionsbring home thehard truth;arift exists between policy and affirmative acts of protection for women coping with domestic abuse. We must ask ourselves, "Ofwhat use are policies and standardswhen they lie dormant, unenforced by law enforcement officials?" ' 'The Tracy Thurman Story isarather chilling example ofthe failure ofthesystem to protect one woman from the violence ofher estranged husband. It is an actual case ofa woman who brings suit against the police departmentofher hometown,Torrington, Connecticut, after she is repeatedly threatened, abused and nearlykilledby her husband without any attemptat intervention by the police. The film was presented by theDomestic Violence TaskForce, the Association ofWomen Law Students and theBuffalo Public Interest Law Program on Wednesday, October 14 in O'Brian Hall. Following the film, the chiefattorney in Neighborhood Legal Service's lawsuitagainst the Buffalo Police Department, Judith Olin, made a presentation to the assembly. Olin spoke about thelawsuit, which was based on the BPD's failure to comply with New York state's domestic violencelaws, andabout the situation in Buffalo today. She said that Thurman's story, though afairly extreme example ofthe failure ofthe system, mirrors to some extent the experiences of women in Buffalo. Olin cited examples of local law enforcement officers' attitudes when dealing with survivors ofabuse. She said that in one casean officer toldawoman thathe didn'tlike having torespond to calls in which therewas no "bloodrunning." Anotherofficeraskeda woman why shecouldn't put up with " alittle abuse considering the fact that she lived in sucha beautiful home. There existed in Buffalo apervasive notionthatdomestic violence wasnot a seriousenough issue forthe police to expendtheir energy on. The speaker felt that comments and action, or lackofaction,by police officersare especially detrimental to women who are abused because the officeris the first contact a woman has withthe criminal justicesystem. If treated with disdain in the initial proceedings, a woman isless likely to pursue the issue and obtain the help to protect herself from furtherabuse. The thrust ofthe Neighborhood Legal Services lawsuit against the BPD (then under the direction of Commissioner Ralph Dagenhart) was mat Buffalo officersconsistently failed to read women the mandatory notice ofvictim'srights required under New York state law. Many women complained of both the cruel and indifferent treatment they received atthe hands ofßuffalopolicemen and ofthe fact that they were never informed of their rights. The lawsuit was won, but Olin regrets that the lines ofcommunication between officers and domestic violence agencieswerenotopenedby thecase. She feels that there is a need for greater interaction with officerstohelp themin theirunderstandingof the issue. Today, according to Olin, the BPD is moving inadirectionmoreconduciveto serving theneedsofwomen whoareabusedby their partners. However, she stillrefers to Buffalo asa 'timebomb having' 'no coherentpolicy on domestic violence.'' Olinhopes that under the direction ofCommissioner Donovan the BPD will formulate such a policy. Now, as a resultof thelawsuit, the police inform women oftheirrights. Additionally, the police have opened uptheirrecordsof domestic violence calls and the actions taken by the department to outsideagencies. Onemajor stumbling block to protecting womenfromabuse is thatalthough anarrest can bemade without the officeractually witnessing theattack, itis unlikely thatthe arrest willlead to anything. The standard for''assault' ' is sohigh that it is extremely difficult to convict the abuser. (McKinney's, for example, lists cases in which people are assaulted by being hit overthe head witha gun, and yetassault is not found.) So, whileintheory the police do not have to see any physical manifestations ofthe abuse, in reality, they have to. Lawsuits againstmunicipalities are alsodifficulttowin,saysolin. Although Tracy Thurman won ajudgmentf0r2.3 million in her lawsuit, hercase is notthe standard. Thurman was so savagelybeaten thatone hemisphere of her body lost motorcontrol,andthe otherlost nervous perception. Herhusband slashed her throat and face and jumped on her head while perhaps a dozen witnesses, including a Torrington police officer, looked on. THEROAMINGPHOTOGRAPHER The Opinion Editorial Board announces: "THE ROAMING PHOTOGRAPHER." Law students will be photographed and asked their opinions on timely issues which affect the law school. So. be prepared to smile the next time you shoot off your mouth in the hallways! U.B Law Students Protest Military Recruitment byScotFisher andNancy Johnson OnThursday,October22, thefifthfloor ofO'Brian Hallwas littered with a dozen orso law students lying on the floor directly in front ofroom 508. Notcoincidentally, representatives from the United States Marine Corps were holdinginterviews thatmorning forpositions in the Judge Advocate General (JAG) Corps, the legal arm ofthe military. While interviewees were not denied access to the room by the protesters, avoiding stepping on the bodies clustered in the hall clearly made getting into the room for an interview more difficult. The mainreason forthis demonstration, according to theprotesters, is the currentpolicy ofemployment discriminationmaintained by theMarine Corps, as wellas every otherbranch ofthe U.S. military. This policy specifically exclude gays,lesbians, handicapped persons andthoseovertheageof3s fromevenapplying for positions in the JAG Corps, regardless of their individual qualifications. AsGeoffTagersaid, "ourconcernwas not limited only to the specific discriminatory policy ofthemilitary,but also to theuseofstate facilities, like thelaw school, forrecruitment, as that would further encourage and legitimize thosepolicies." "For example,"added Debbie Gottschalk, "allprivate law firms, in order to use CDO (CareerDevelopment Office) to arrange student interviews, must sign a statement that they will not discriminate against any applicant on the basis of sexual orientation, among other things. But the military is exempt from thatrequirement, and webelieve that that exemption is wrong.'' Whiletheappearance ofthe demonstration was confrontational, the interviewsproceeded withoutincident, and afterwards, the recruiters and student protesters actually sat together for more thanan hourand discussed the military's policy of discrimination in a most congenial manner. As JillBarr pointed out, the idea ofmaking access to the room difficultwas to '' symbolize the bar the gays, lesbians,handicappedandolder students face when seeking employmentopportunities in the military." But even this demonstration was not trulyrepresentative ofthose difficulties, she added, because' 'unlike gays or lesbians wanting to serve in the military, these interviewees were eventually let in.'' This demonstrationwas sponsored by theLesbian, Gay and Bisexual Law Students (LGBLS) and the National Lawyers Guild. Sources confirmedthat a similar demonstrationis planned this week when the U. S. Navy docks at our law school to recruit. Anchors aweigh. October 27,1992 The Opinion 3 �Opinion Mailbox OPINION Boyer Open to Constructive Criticism To the Editor: October 27,1992 Volume 33, No. 6 Editor-in-Chief: Vito A.Roman Managing Editor: Saul tan H. Bap tiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: GarySimpson PhotographyEditor: Paulßoalsvig ArtDirector: BillKennedy Staff Writers: Tracy Dale Sammarco, W.F. Trezevant Contributors: K. JillBarr, KarenDraves, ScotFisher, DanHarris, Nancy Johnson, Jay Kalasnik, Kathy Korbuly, Pablo Marchona, Scott Rudnick EDITORIALS Race in the Polls The presidential race is now being run in the polls. In a last ditch effort each candidate wants tocreate theperception thathehas already won, and thus cause the supportersofhis opponenttoremain home, conceding defeatbefore they even casttheir vote. Theothers wantthe opposite. Tothe trailing candidate, creating the perception thathe is closing the gap in thepolls means getting some of his supportersofftheirtushes'' long enough topull the lever in his favor. Ofcourse this race containsathird set ofconsiderations: thechanges in the polls created by H. RossPerot's re-entry into therace. BothBush and Clinton seemto be try ingto convince everybody thathis presence in the race istranslating into better poll figures for each of them. The results remain to be seen on November 3. Playing the polls is a fine strategy in political warfare, but itsays a lotabout the American voter. Politicians know thatthe smallest excuse will keep an American voter from exercising a right which he has long taken for granted. Were exercising the right to vote more difficult than it is now, as it is in most countriesaround the worldtoday, itis unclear whetherAmericans would go to greaterlengthsto exercise thatright. Nevertheless, this election yearhasproduced some dramaticresults. Voter registration is up, and, presumably, voter turn-out will be too. This blessed change, however, is probably due more to the fact that more peopleare feeling thepinch ofhard economic timesratherthan thefact thatcitizens exercising their right to vote is the founding principle behind the political system we call American Democracy. Pinch or no pinch, we should all be out there making ourchoicesknown on November 3, and making democracy whatit is, the voice ofthe people. Trash the Grading System Thiseditorial haspreviously appeared onthispage ina slightly different form, but given the grade survey to be attached to the SBA V.P. ballot, we thought it appropriate toreiterate ourposition. Year afteryear, a new class of lawstudentshas to contend with UBLaw's so-called noncompetitive grading system. The grading system, which makes little sense even to those already here, makes UBLaw students waste valuable time explaining to prospective employers the difference between a "Q" and a "Q." Worse, oncea studenthas even one semester worth ofH-Q grades in his record, there is little incentive left not to get on the proverbial "Q-train." Students quickly realize thatwith this system, the hard-working, yet nonexceptional, studentwhoreceivesa"Q" will always remain indistinguishable from the "laid back" or "just get by with the minimum" student who also receives a "Q." For many, the "Q" grade becomes a safety net which only encourages mediocrity. Theprofessors, too, are abdicating their responsibility ofproviding students with accurate feed-back on theirperformance. Get rid ofthe H-Q system, or at least the "Q* " nonsense, and go back to thetraditional A-B-C-D-F system (or asimplifted Pass-Fail system), asystem which everyone readily understands. In fact, not only are the grades inaccurate, they're usually late! Copyright 1992. The Opinion.SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpressconsent oftheEditors. The Opinionis published every two weeks during theFalland Spring semesters. Itis thestudentnewspaper ofthe StateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily thoseof theEditors orStaff ofTheOpinion.The Opinionis a non-profit organization, third classpostage enteredatßuffalo.NY. Editorial policy ofTheOpinion is determinedby theEditors. The Opinion is funded by theSBAfromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves the right to edit for length and 1ibel ous content. Letters longer thanthreetyped doublespaced pages will be edited for length. Please do not put anything you wish printed under our officedoor. Submissions can be sent viaCampus orUnitedStates Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260 (716) 645-2147 or placed in law school mailboxes 223 or 611. Deadlinesfor the semesterare theFriday beforepublication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endoi *ed by tr-~ Editorial Board ofThe Opinion. 4 The Opinion ,er2~, 1992 Several misleading statements in The Opinion'srecentarticle,"Faculty Alters Policy onDropping Courses'' (October 14)need to beclarified because theyraise important issues about student participation in the governance ofthe Law School. Thatreport stated," Before the Spring semester [ 1992] the faculty unilaterally, and without warning the students, passed a similarpolicy.' * Actually, this issue didnot come before' 'the faculty for consideration during the 91-92 academic year. Rather, itwas on theagenda ofseveral meetingsofthe Academic Policy and Program Committee, consisting offaculty, administrators, librarians, and studentrepresentatives designated by SBA. The issue was first presented orally to the committee by a faculty member, so the student representatives were' 'warned" as much as the faculty and administration. Afterthatinitialmeeting, Ipreparedadraftpolicy forfurther committeeconsideration duringthe Spring semester. As youreported, SBAraised some cogent objections to the draft, soit wasre-worked inresponse to thoseobjections,and the committeeagreed torecommend itto thefaculty. In addition, I hadseveral one-on-one conversations about this matter with SBAPresidentßrianMadrazo while therevised proposal wastaking shape. Myrecollection is that there was no significant SBAopposition to therevised proposalwhen the Committee finallyadopted it. Thepress ofotherbusiness (including adean search) crowded this issue offthefaculty meeting agendaat theendofthe spring semester, so itwas placed onthe agendafor the first fall meeting. In contrastto the article's implication that "the issue had been all but settled during the past academic year," most faculty learned ofit at the same time the student representatives did-thatis, whentheagendapacket for the September faculty meeting was circulated. Studentrepresentatives were present at the faculty meeting whenthe matter cameup for consideration. Itis not uncommon foreither studentrepresentatives or faculty members to move forpostponement ofamatter ifthey feel more timeis needed forreview and deliberation-as was done with another agenda item at the September meeting, the ...Boyer, continued onpage 8 Professor Blum AdvisesThe Opinion To the Editor: I was amused to see your editorial of October 14 regarding "threats from the administration.'' SinceIdo indeed have some timeonmy hands andmiss teachingthe first amendment course- which I hope the school will again someday offer-1 thought I would jump the gunand giveyou some basic advice on how to avoid any risk oflibel suits. The Constitution precludes any imposition of strict liability for libel, so the standard at its strictestis anegligence standard. Since The Opinion onlycomes outevery two weeks there istime to giveadvance copies ofprospective pieces to anyone whosereputation mightbe injuredandask themtorespond withinafew days indentifying anything whichthey believe isfalse ormisleading and givingreasons why. If theyrefuse torespond, then The Opinion cannotbe deemednegligent because itdidwhatareasonable newspaper would dounder the circumstances. For example, suppose I were to write acolumn entitled,' 'Tomand me,' 'based on a fusionofthe two popularmovies Less Than Zeroand RogerandMe. The story mightbe both a tale ofperiodic inaccessibility and deception byaninfluentialadministrator, anda tragedy ofason belatedlycoming to understandhis father'sadvice about afatal dependency, but not moving quickly enough to save himself. In my casethe dependency was not on cocaine or any other drug, but on thereassurances and advice ofProfessor Headrick. Actually, the analogy is somewhatflawed because I believe that in the end this story will have a much happierresolution than Less Than Zero. For now my condition moreresembles that ofthe citizens of Flint, Michigan after Roger Smith got donewiththem. Itis conceivablethat sucha columncouldbe injurious tothe reputation ofProfessor Headrick, particularly as regards hischaracter and integrity, butpossibly even touching on the extent ofhis grasp oflegal education. Giventhisrisk, it wouldbeappropriate for The Opinionto submitthearticle in questionto Professor Headrick foradvancereview andhave him identify specifically which sentences, ifany,pose problems. You should discuss with him how wording can be changed to alleviatethese problems. The editorsshould then make reasonable editorialjudgmentsbased on a desire to befairto everyone. Thisshould eliminate anyrisk ofnegligence orlibel. Sincerely, JeffreyM.Blum OnceandFutureLaw Professor Correction to Pornography Response To the Editor: I am writing to inform you ofa serious misquotation in Leslie Pearlman's letter Among otherthings, lam said to support' 'the eradication ofpornography.'' However, this statement never appears in my letter. Ms. Pearlman' s quotation includes phrases thatI usein two different paragraphs. These phrases are men awkwardly linked using words thatare not mine: ''once we promote the viewthat female nudity is naturalas opposed to provocative weare making thefirst step toward theeradication ofpornography as the toolfor the sexual andeconomic subjugationofwomen.'' The underlined portionsare my words-albeit taken out ofcontext Theremainder of thepassage is the creation ofMs. Pearlman. Nevertheless, the entirepassage is presented as a direct quotation. Yourreadership is left to assume that I support theeradication (i.e. censorship) of pornography. Nothing could be further from my stated position. Instead, I argue thatby increasing awareness ofpornography and by transforming attitudes about nudity, male demand forpomography will decrease. While Ms. Pearlman has the right to interpret my arguments as she chooses, it is unacceptable to present a blatantly distorted paraphrase as a direct quotation. Therefore, I am requesting that a correction be printed. to the editor. Sincerely, Paul Morenberg, 1L �COMMENTARY: Trials Features Editor By Natalie A. Lesh Did you ever experience a week in which a certain topic of discussion repeatedly arose? Ijusthadaweeklikethat"lwas chased from home to school to work toplay by arecurring theme. I therefore feel compelled to resign myselfto fateand to write mis article instead ofthe one I had intended. Maybe I believe too strongly in fate—probably more than the nextperson-but thatis a differentarticle altogether. The subjectwhich has stubbornly followed me around all week is friends. Specifically, whether men and women can everreally be ttug friends. It's the "When Harry Met Sally" dilemmarevisited. Since I do notwantto limit the application ofmis discussion to heterosexuals, however, I believe thatthe question mustberephrased: Is it possible to be friends with a person to whomyouarephysicalfy attracted? "Fried Green Tomatoes''revisited, perhaps? In the past, I wouldhave dismissed the proposition thatpeople who are attracted toeach another cannotbe friends withnothing more than a quick laugh. Ofcourse they can! Butrecently I have been persuadedthat perhaps thereis more truth in this statement than most people wouldlike to admit. The resistance iswell-founded;the implications would threaten even the strongest and longest-standing friendships. The theory is simple: peoplewho are attracted to one another cannotbe friends because "sex" gets in the way. In order to assess the validity of this theory, I willassume the existence ofa physical attraction. That is, Iwill presume that attraction is the basic source of all friendships. Of course, it is ridiculous to assert that we have a physical attraction to everypersonwithwhomwearefriends. We all have numerous friends to whom we are not physically attracted in the least. In assuming theattraction, however, the challengedtheory is made stronger,andtherefore will be more difficult to refute. Itis important to state thatI do not believe itisnecessarily wrong forpeople to be drawn towards those to whomthey are attracted. Ofcourse, everyonewouldliketo believe that friendships begin on a higher plane and that they are being pursued for something thatis not remotely superficial. Undesirable as it may be, however, ithappens. Move on. I wouldassertthatphysical attractioncan never bethe sole basis for afriendship. At acertain point during each"friendship," personalities and common interests become more important than the attraction which causedtherelationship tobegin in the first place. If two people do not possess compatible attitudes and values, the attraction willwane and eventually fade away. A relationship can certainlyendurefor a considerable lengthoftimebefore thishappens. ButI am convinced that itwill happen, and mat one, or both, oftheparties will realize that it is not worththe effort to sustain the relationship any further. In this case, I submit matthe two peoplewerenever friends at all. Onthe otherhand, twopeople may find that theyhavemuch incommon and that they enjoy each other's company tremendously. If misis the case, the two people are friends. Period. And ifthe friendship destroys the physical attraction, as it often does,the friendship will onlybe solidified. Butthis is where things get tricky. What ifthe physical attraction continues? I can envision fourdifferentscenarios: l.both people admitthe physical attraction and, in deference to the friendship, do not act upon it; 2. both people admit the physical attrac- tionand act upon it; 3. one personadmits the attraction and the otherperson deniesit;and, 4. both people deny theattraction. The friendship may be maintained in every situationabove, except in number three. The reason for mis is obvious: both people will feel awkward in light of the reality they have been forced to confront, and will search for more comfortable quarters, slowly drifting apart. A friendship certainly existed. Once the physical attraction is placed squarely in the center ofthetable and is refused, however, it'sall over. Althoughl saythatitis possible to remain friends in situations one, two and four, it will be most difficult to do so in number four. This scenario has to do with repression. Althoughthismaybethevehicle through which many people dealwiththeir lives, repression inevitably results in frustration and tension. It seems that if two peopleare attractedto oneanotherbutchoose to ignore it,both to each otherand to themselves,this will serveto aggravateand augment the attraction. Again, the people involved will feel awkward, and will not be eager to continue the contact. The friendship may be sacrificed. Both situations one and two reflect the beliefthatthe attraction must eventu- The theory is simple: people who are atracted to one another cannot be friends because "sex" gets in the way. ally beaddressed in orderfor thefriendship to survive. lam persuaded by this argument for the simplereason thatit seems to make sense. If, in fact, there is an attraction present (as I have assumed), it would be dishonest to proceedwithfalse perceptions. Granted, it may bepotentially dangerous to the friendship to permit the acknowledgment ofthe attraction, certainly any relationship isbetter offifitisconducted with honesty. So, can people who areattracted to each otherbefriends? Yes. Sometimes.... Setting the Record Straight on Evangelism byJayKalasnik, 1L During the customary banterpriortothe start ofa recent morning class, I was privy to a conversation concerning the demeanor of membersoftheRepublican Party. The discussion seemed to center uponan element ofthe partyknown as "evangelicals." Asanevangelical Christian myself, I was jarred by an individual's pronouncement ofevangelicals as "fascists." I do notknow whymy classmate deemed it necessary to use such a pejorative term to describe a segment ofthe population that is vast, diverse, and utterlyopposed to the coercive social and economic control inherent in fascism, but I believe it may be prudent to elucidate the fundamental nature of evangelicalism. Hopefully, this will serve to preventotherwisewell-informedpersons from disseminatingan errantand highly prejudicial perspective ofa substantialpopulation group. Evangelicals, by contemporary definition,are generally members ofnonliturgical Christian churcheswho stress the preaching of thegospelofJesus Christ, callingforapersonal conversion experience. The conversion experience involvesavolitional acknowledgement mat salvation is a resultofthe unmerited favor ofGodimputed toanyone whoplaces his total faithin thesubstitutionary deathofJesus Christ. This definitionhaving been stated, itis essential to note mat evangelicals are primarily concerned with spreading the important messageofGod'sredemptiveloveformankind and are political only to the extent that it is necessary to prevent the salvation message from censure. Censure can manifest itselfin many ways,often involving issues inthe political arena. This is why evangelicals have historically been militantly opposed to communism and any public policy which would serve to facilitate the survival of any such totalitarianism. Also, the salvation message presupposes an immortal humansoul which is created at the point ofbiological conception. Having this conviction, evangelicals typically oppose malevolent interference with human life fromthe zygote stage onward. Correspondingly, an evangelical adheres to a constructionist view ofthe Scriptures which in turn glorifies the sexual union ofamanand woman in marriage, but classifies other uses ofsex in other relationships as unnatural and/or ultimately destructiveto the emotional, spiritual, and physical well-being ofmen and women. This beliefleads evangelicals to takea position opposing the promotion ofpromiscuous sexual lifestyles. Although often overlooked by evangelicalism's critics, each of these sample manifestations of evangelicalism is the result of a value system which esteems human life, indeed it presents mankind as having been created inthe image ofGod. Itis a value system which establishes parameters ofbehaviortopreventman'sself-destruction and assure hisprosperity. As intimated above, the convictions of evangelicals have served to thrust many into the political battlefields. Some observers, such as my aforementioned classmate, might construe the evangelical' s unequivocal positingoftheir solemn beliefsas intolerantor even hateful to those who do not share the same views. Withoutcaution, evangelicals are fallible beings whocan become overzealous and even undiplomatic in the expression oftheir views. But as a graduate ofan evangelical Christian collegeand one whohas spentall of hislifeliving among this group,I maintainthat suchan undesirable elementis a definiteminority. Unfortunately, the media seem to thriveon giving opportunityfor groups ofbor...Evangelism, continuedonpage 10 TheOpinion EditorialBoard announces "CROSSFIRE." CJKttSF/RE will bea debate format open to all members ofthe law school community ona topic selected by theEditorial Board. Submit essays on the following topic by November 6,1992. Should U.B.Law Change its Grading System? asdfsdfsdf October 27,1992 The Opinion 5 �Vice Presidential Candidate Statements No Photo Provided Nancy Johnson, 3L Paul Beyer, IL Barbara Hurley, 3L Liketheentire country, U.B.Law School isclearlyinaperiodoftransition. Anew Dean has been appointed, his first charge being to develop a planfor the future ofthelaw school thatwill impactallofyou, bothin theshort-and long-term. Ourchoice, as students, is whether ornot we want to exert our due influence over this process. If so, thenI hope you will seriously considermy candidacy for SBA VicePresident (If you want somebody who'll sit in the SBA officearguing and notgetting anything done, thenl'mnotyourman.) My advocacy experience (lobbyist for the American Cancer Society) and political training (legislative staffdirector in Albany) has taughtme ho w to cut through thecrap and getconcreteresults. Swayingpolicydecisions in favor ofthecauses that I have represented andbalancing the interests ofdivergentparties became adaily parto fmy professional life,and myaccomplishments inthe public policyarena aremulti-fold. Hopefully mostofyou already knowthat my name is Barbara Hurley and that I am Ourinfluence is going torequire continuity in studentrepresentation thatI,as afirstyearstudent,canprovide. Whilesomemay see my first-year status as a drawback,my experience prior to law school speaks for itself in terms ofpreparing me forme position ofVice President. IfI can effectively influence a $40 billion New York State budget, then I can certainlyhandleas4o thousand SBAbudget If I can successfully affect the policy decisions ofa Governorand 211 state legislators, I can certainly work with theadministration ofthe lawschool. Only a cohesive SBA will enable us to advocate effectively on your behalf. Having led broad-based coalitions and served as a mediator/arbitratorfortheDispute Settlement Project of Western New York, I have the requisite skills to bring together disparate individualsand groupsarounda common mission. This background will further add to the running for SBA VicePresident. Just in case thatinformationaloneisn'tenoughreason for you to voteforme, I hope this following personal statement will serve to convince you. Last Spring when Hank Nowak was running unopposed forthis position, I joked to some of my friends that I thought I'd write myself in as a candidate. I didn'treally think about thatincident again until the first dayof the election when I learned that those same friends to whom I made theremarkhad spread the wordthat I wanted to be awrite-in candidate. The fact that these friends hadtaken me seriously wasnot hal fas surprisingas thefact that they and others thoughtitwasagood idea. It was surprising to me simply because I had never even given thought to the idea in any serious sense. However,theseedwasplanted... Aseveryoneknows, Hankwonthatelection byalarge margin but had to resign from the position. Notwithstanding the jobhemay have been able to do,hisresignation has provided a good opportunityforme toreconsidermy interest in, and qualifications for, the position. Several people have approached me to ask whatmy' 'platform is. While somemay think thatmyreply thatl don'thave oneis inconclusive orflippant, I think this in theonlytenable position. I do not think I should have already decided my stance on particular issuesbefore having heard all the information and arguments. Solcannotpromisethatlwillvoteany I am running for the position ofVice President ofthe Student Bar Association because I believe active participation in organizations as well as taking stands on issues are the only ways to empower all people. I think that the position ofVice President should be utilized to facilitate empowerment ofthe diverse studentpopulation toaddress issues that theyfeel strongly about. Thiscould be accomplished through accessibility ofthe SBAand itsresources. Asacommunity activist, I have served on variousBuffalocommunity boardsand committees, such as the Buffalo NorthAmerican Indian Culture Center, the East Buffalo Ownership Program, Trans-Africa, The Buffalo Coalition forCriminal Justiceand asGovemor Cuomo's appointee to the New York State Council on Humanities. I have successfully lobbied to change the legislation concerning NorthAmericanlndiansinNewYork. Icoordinated the American Studies Master's Degreeprogram at Auburn Prison andserved as coordinator for the onlynational North American Indian newspaper/journal, Daybreak. I was extremelyfortunate to work this summer as an intern for the Working Group on Indigenous Populations at the United Nations in Geneva. I am currently the coordinator forthe Graduate Group on Justiceand Democracy. I feel that I have the qualifications necessary to serve effectively as the Vice Presidentofthe SBA. I hope thatyou will vote for me. Thank you. Nancy Johnson certain way, but I can promisethat I will give every issue my individual attention and consideration. I willnotfeel compelled-or even inclined—to votealong any "party line, but willkeep anopenmind when considering the particular circumstances of a situation. I hopeyou agreethatthis isthe best,and perhaps should be theon ly, approach torendering good, sound, intelligent decisions. Thank you for taking the timeto both read aboutand consider my candidacy. Barbara Hurley SBA's ability to represent your needs as a futureattorneys? If so, then I invite you to join me in united voiceforme student body. Finally, consider the following ques- addressing these issues by supporting me for tions: Are you concerned about the grading VicePresidentoftheSßA. lamconfidentthat systematU.B.Law? Do youthinkthereshould wecantake advantage ofmis dynamictime in be changes made to the research and writing the law school's history and significandy afprogram? Do you want meadministration to fect the changes thatare underway. hire new faculty that will serve our needs as Thankyou Paul Beyer Peeling the Polish Off the Politicians byßobGormley When you watch a political advertisement on television or listen to a couple of elected political junkies swap soundbites on ' 'MeetthePress" haveyou everasked yourself "Who are thoseguys?" A recently released collection ofsatel- eat thatsamelunch whilesurrounded by hordes ofreporters and cameramen (' 'Can't I get a table facing the wall?"), he seems to recognize the bizarrely unreal nature of bigtime presidential politics. Jerry Brown could use a touch of litefeeds andcamcorderclips entided''Feed Tsongas" humor. Does thisguyever smile? In takes a step toward peeling alayer or two off hislongest clip, he is seen bickering with an the polishedpolitical veneer ofsuchpackaged aidewhoisstrugglingtostraightenhisne. Hey Jerry, fix the damn thing yourself. goods. Ross Perot makes a briefappearance. Puttogether byKevin Raffertyand James He's on justlong enough to tell an off-color Ridgeway, "Feed" looks at off-the-air moments ofthe presidential candidates during the joke. PatBuchanan is able to avoid making an New Hampshire primary. These collected ass of himself (how did the editors manage that?). Although he does make a quick exit moments are often humorous and, at times, very revealing about the respective candiduringan impromptu press conference whena reporter asks him whyheand his wifehave not dates. Paul Tsongas, who continually displays had oradopted any children. a quick, spontaneous witand an amiable, selfOh yeah, there's also Slick Willieand effacing senseofhumor, comesacross as a very '' Read My Lips'' George. Atthat time,Clinton, who coughsuphalf a lung in one scene, had to likeable guy. Whetherhe' srefusing a restaurant owner'sofferofa free lunch ("I'manew deal withrumors ofmarital infidelity concernDemocrat; wepay forourlunch.")ortrying to ing GenniferFlowers. When asked pointblank 6 The Opinion October 27,1992 during a one-on-one interview ifhe has ever cheated on his wife, he responds, "If I did, I wouldn'ttell you." (On "Family Feud" we'd all shouf'GoodAnswer!"). Atanother stop, whenconfronted by an obnoxiousyoung jerk whoasks himhowmany abortions heis personally responsible for, he is taken aback, but retorts, "Zer0...1 hope to God you never ask anyone else that question. You should be George Bush ashamed ofyourself." doesn'tsaymuchofanything. Hejustkindof stares into space. It's almost as ifthere is not an original idea rattling around in his head. Hmmm? "Feed" is not currently being shown anywhere in Buffalo. I wasfortunate enoughto viewa special showing at the Hallwalls Con- temporary Art Gallery last Friday. If you should see it advertized anytime inthe future, however, I highlyrecommend making an effort to check it out. It is an often hilarious and insightful look at the man behind the mask. Public Interest Internships by Karen Draves From advocating for therelease of Somali refugees from the Paris airpost, to conducting criminal inves- tigations for the Buffalo Public Defender's Office, UB law students, fundedby grants from theBuffalo Public Interest Law Program, spent the summerputting theirlegal educations to good use. Helping students usetheir educationto "do good" is the goal ofthe studentrun BPILP. According to Jill Barr.Co-Directorfortheprogram,' "The summer internships are a great opportunity for first- and second-year students to learnwhat public interestlaw isallabout." By providing opportunitiesforsummeremploymenttheprogramseeks not only to servethe needs ofthose whomight otherwise be denied access to the legal justice system, but also strives to "hook" students onthe idea ofbuilding careersin the public sector. One advantage ofworkingin the public interest, Barr noted, is that interns and new associates are given a lot of responsibility right from the start. Not only is this a great way to quickly gainvaluable experience, but it oftentimes allows students the opportunity to see the results of their workalmostimmediately. "The summer interns this year did amazing things," Barr said, citing as an example a student who worked for the Sierra Club Legal Defense Fund in Seattle, Washington,researching the Endangered Species Actand working on the much publicized spotted owl controversy. Another studentworked onßuffalo'swestsideproviding legal services for the elderly, whilea third spent the summer in New York City representing indigent parents deprived oftheir proceduraland substantivedue processrights by the New York State Department ofSocial Services. Thesuccess ofthe BPILP summer internships andthe organization's ongoing educational programshas led to therecognhionofthe University of Buffalo as aleader in the public interest law movement. Each year UB graduates three times as many students into the public sector than the average American law school. This success, Barrnoted, wouldnotbepossiblewithoutthe generous supportof faculty and students during the organization'sannualspringfund drive, and theenthusiasmofstudents throughout the year. '' Studentinvolvement is essential," says Maureen Olives, the second ofthe program's directors. Because BPILP is student-run, ithas great flexibility. It was student initiated projectthatresulted inBPILP becoming partofPro-Bono Students, acomputerized databasethatlinks students whowish to volunteer withlegalagencies that are seeking volunteers. ' 'We'realwayslooking fornew ideas,'' Olives noted. In addition to seeking new ideas the group is continually in need ofstudents whocan help withits ongoing projects. "This time commitment is up to the individual," Olives said, adding that the program welcomes anyone who wants to becomeinvolved, learn more about BPILP activities, or use resources such as Pro-Bono Students tostop by theBPILP office inr00m516. �"The Roaming Photographer" byPabloMarchona This week'? question: What reflections do you have ofthis year's Moot Court competition? Rex Velasquez, 2L Christina Grana, 3L SaultanBaptiste, 2L "t*»„ "I survived it." "Are youkidding?" It -*..—:«.. <v- i. s a great opportunity for law „* ~_ students, but it's hell to survive.'' Brenda Joseph, 2L "It'sagreatexperience. Every law studentshouldparticipateinit." Views on Changing the Current Grading System Aswehave allheard, ourlaw schoolisatacrossroads. Atnext facultymeeting, thefaculty will bereconsidering ourpresent grading system. In lightofthis, Third YearClass Director,Scott Rudnick and I, in my capacity as SBAPresident, are debatingtheissue ofwhetherUBLaw should maintain the "H,Q,D,F," system, (heremafter''H,Q")orreturntoa''A,B,C,D,F,'' grading system onclass ranking was ofkey importance.'' The memo continued: ' "This report is based onthe recognition thatgrading, aform ofevaluation, is by itsnature subjective. It is so closely intertwined with the particular grader'spersonal standards ofwhat constitutes qualified work that it defies standardization. Our present system, employing numerical grades, averages, andranking, can lead us to believe in the seeming objectivity of numbers. In fact, however, the process by which these numbers are determinedis subjective, related to thegrader'sperception ofperformance andhis evaluationofthatperformance in light ofhis definitionofqualifiedwork. Both studentsand faculty would be comforted by amethod ofgradingwhichwoiUdsupplydefinitionsof qualified' and 'unqualified' work whichcouldthen beapplied uniformly byall faculty in all courses.'' Although the conclusion ofthis memo was therecommendation ofthe' 'H, Q " system, the memo indicated the merit ofthe "A-F" system. Itreads, "[t]he Committee considered variousalternative grading systems, withthe traditionalA, B, C, D,F (sic) system demonstrating themostmerit. TheCommittee felt,however,thatanevenmoregeneralizedsystemwascalled for.one which would present onlytruly relevantdata..." Hence, wehavethecurrentgrading system (hereinafter "A - F"). It hasbeen 22 years, 9 months and ahandful ofdays sincethe change to the " H, Q," with �system. Priortothissystemourschoolemployedapercentagescalerunningfromss%to 100%, with acorresponding lettergrade attached. In 1959,adiscussion among the faculty began inan efforttorefine the gradingsystem in order to address the gapbetween 0%and 55%,and to furtherrefine the degrees ofdistinction in the evaluation ofstudentwork. At mat time,the faculty considered theaddition to the grading system ofpluses (+) andminuses (-) to the scale. Fromthisarose concerns aboutmeapparentover-emphasisontheimportanceofnotonly grades, outclassrank. Subsequendy.aGradingCommitteewasestablished inthe spring of 1968. The work by this committee led to theadoption ofthe current format on December 19,1969. In a memo to Faculty and Students, dated December, 1969, Professor Atleson, then Chairman ofthe Grarling Committee, summarized the new grading format. The Chairman, system. It is my hope that you will submit your impressions to The Opinion in next issue's commenting on studentreaction, wrote,".. .discussions withstudentsrevealedasignificant fact - nearly all problems and criticisms eventually could be traced back to the ranking system. Crossfire! !! Your voice willbe incrementalto the future ofUBLaw School. Whereas students seem to favor amore generalized grading system, the effect ofany grading In Support of the Current System by ScottRudnick Thiscommentary is insupportofthe"H, Q" grading system without any "*" (star) designations. Itreflectsmyviewsonlyandis written inlightoftheupcomingreferendum on the Law School's grading system and BUI Trezevant's wishesto see each grading system defended. The "H, Q" grading system, without any designations, was initiated some twenty years ago inresponse to the increasing competitiveness in law school. Itwas thought thatby creatinglarger gradingcategories students would become less competitive than theywould beby fighting fora smallernumber ofslots inan "A - F" with "+" or"-" grading system. In addition, the H grade would still indicate excellenceand thereby leave room at the top forhonors students. This system has become weakened by the defacto additionofa"*" or "-"designationattached to some grades. I see two problemswiththis. First,notallprofessorsuse the or "-" grades,thereby workin one course thatwouldgeta"Q*"gradewouldgeta"Q" inanother course, depending ontheprofessor's gradingpolicy. Thisdefeatsthewholepurpose of a standardized grading system. Every professor must use the same grading system, andthatis nothow itis now. It is a joketo have professors create grades that officially do not existand thenhave those grades appear on a transcript. or Second, the use of "-" grades creates notthe4-tier gradescaleof"H, Q" but rather a 10-tiergrading system (assuming no "*" or - for the "F " grade). This defeatsthe entire purpose and rationale ofthe grading system. Whatis thedifferencebetween a "Q" "*" "*" "*" ora"Q-?"Betweena"Q-"anda"D*?"And more importanUy, does it matter? WehereatUB Law are allhavethe same goal- to getalaw degree. The grading system I advocate allows us to do thatwithaminimal amount oftension and competition between students. One criticism ofthis system isthat a student doesnot getenough feedback on his or her progress by a mere "Q" grade. My answer is that substantive critiques on exams by professorsand talks withprofessorsprovide feedback far more valuable than any grade label. Goodperformanceisrewardedwith an "H", and mediocre and failing performances have theirgrades too. Why ismere a need to further subdivide the middle? Any answer based on the idea ofcompetition and thepursuitofahighGPAdoesnot persuade me. We should be confident enough in our own abilities not to need a "Q* " as opposed to a "Q",ora"B"insteadofa"B-". lamnothere to "beat" my fellow classmates overa 3 year race for grades. I am hereto learn, and feedback from my professors and peers isperhaps my best yardstick. Weare alsohere to becomeaware ofour strengths and weaknesses as a students and lawyers. We should have theawareness and motivation to beable to changewhatwe don't like aboutourprofessional selves, withoutthe extrapressureofstrivingforthe''A+''.Grades should be an indication ofour progress, not a final destinationnor a prize. Sure, cumlaude is nice, but itdoesn'tmakeanyone "better" or more intelligent. Latin honors reward hard work, as they should. Competition forthe sake ofbeating out your peers should be frowned upon(with the exception notedbelow). So how is one to distinguishoneselfifnot by grades?We should dowhat we enjoydoing for the sake of doing it (and to build up our resumes). Law Review, both Moot Courts, ...Pro, continuedonpage 10 In Opposition to the Current System by W. F. Trezevant - This position forchange to the "A F" system begins withthe original reasons forour current system. In an attempt toreduce competitiveness, andreduce the emphasisofgrades during one'slaw school career, weadopted the "H,Q" format. Itis true thatour currentsystem accomplished the desiredresultofreduced competitiveness. But, the "harm" ofcompetitiveness which was sought to beavoided didnot originate withafive-tier grading system, butrather with a grading system which employed discrete numerical evaluations of a student's work.Thesubsequentproblemof'classranking "as cited by thememo was,andremains the real"harm which wesought to avoid, and not competitivenessperse. Nowhere inourschool have we discouraged' 'competitiveness. For example,forms ofcompetition still existent in our school(e.g. Research positions, TA positions, summerßPlLPpositions, Desmondand JessupMootcourt,Law Review, S.B.A. elections, the various journaland student group elections,and the numerous awards presented duringthe course ofthe year). This competition is not limited to students, butindeed is expanded to faculty members as well. We see evidence ofthis in their efforts to get theirpapers/research topicspublished, or their particular areas of interest solidified with a systematic course of study contained inthe class offerings schedule, etc. Wealso see examples ofthis in the workofthe faculty committees to the extent that faculty members bring to thetable viewsfor improvementofthe school through there-organization ofcoursecurriculum. Without passing judgment on the merits ofthe views ofthe faculty, wecan use their example to buttress the contention that it was never the ' 'competition" causingthe' 'harm to oureducational institution,which we sought toproscribe through the adoption ofthe "H, Q " system. In fact, wehave, through ourconduct, inherently applauded "competition" in its variousformsinspiteofourgradingsystem. It isno wtime tobring our grading system in line with our actions so mat we on the one hand formally recognize competition and on the other hand guard against the degenerative "harm" ofclass ranking. This can be easily accomplished withtheimplementation ofthe "A-F" system. A change to the traditional "A F", system willalsoresolve the tensions that exist under ourcurrent format by providing clearly understood standardsofevaluationsofstudent workforprofessors whileavoiding the''harms'' originally citedyearsago. Thisis not asradical a change as some may believe since many professors currently employthe useofQ* inthe grading ofstudentwork. Theissue ofconcern no w isthatnot allprofessors engageis this type of evaluation. Rather, a change inherently acknowledges this factand makes itsapplicationuniformacross course offerings,thusminimizing the arbitrariness which presently exists in student evaluations. Morepragmatically.employersneedto evaluate students forhiring purposes without having to determinewhattheambiguous marks ofQandQ*mean. The degreetowhich the "H, Q" systemrepresentsabarriertoregionaland national hiring ofUBLaw graduates is disturbing, particularly in such tough times for job offers. Although I do not wish to create a confrontationalrelationship withthe faculty, it is my beliefthat a faculty voteto continue the present system dramatically ignores students October 27,1992 - ...Con, continuedonpage 10 The Opinion 7 �Professor Virginia A. Leary Honored For Work UB International Law Program Buffalo,N.Y.— Virginia A. Leary, professor ofinternational law atthe University at Buffalo, was honored recently by theInternationalLaw Alumni at the UB SchoolofLaw for her outstanding contribution to the development ofthe school's international law program. A dinner was held in her honor at the Centerfor Tomorrowon October 16. A UB faculty member since 1976, Leary wasrecognized as " theforce behindthe development of the international law program," said Jennifer Krieger, chair of the With sivelyontheinternationalprotectionofhuman rights, and has undertaken missions to Sri Lanka, thePhilippines andPakistan on behalf oftheInternational Commissionof Juristsand Amnesty International. Earlier this year, she attended an emergency meeting in Geneva of the U.N. Human Rights Commission to discusshuman rightsproblems in the former Yugoslavia. Atmediimer.professor Learythanked fellow colleagues and students, both past and present, for their continued support, interest, , Law School Intramural SoccerTeam in Play offfs by MichaelRadjavitch, Business Manager The CriminalIntent intramural soccerteam hasbeen active at UB every semester sincetheFall, 1990 semester. OTganizedbymird-yearlawstudentsJorgeGuerreroand Michael Radjavitch, CriminalIntenthas provided law students with the opportunity to collectivelykick the ballaround on weekends,and to showcase theirskills during games against teams predominately composed ofundergraduates. This semesteris, however, differentfrom all ofthe othersby thefactthatmisisthe first semester that the Criminal Intent soccer team has made the conference playoffs. Unfortunately, theyclosed the regular season with a loss this past Sunday,finishing with arecordof 3-2. It shouldbenoted, however, thatboth ofthelosses were in gamesforwhich CriminalIntent couldnot field a full team. The firstconference playoffgame will take place this Sunday, November 1. The currentteam iscomposed ofveteran players Michael Radjavitch, NatalieLesh and PaulO'Brien onthe defensiveencLJohn Justice, JohnFoudy and Mark Schaefer in the mid-field; and David Smith upfront. Recent additions to theteam includeJoan Yemma at fullback; BUI Meyer,Bud Nelson, Steve Tills, Kevin P. Collins, John O'Halloran, and Erin Wolfe in the middle or up front;and AlanRosenthal at forward. Thefirstgame ofthe season ended ina 2-0 loss totheMed Heads,the strongest team in the conference, but Criminallntentwasonly able to field nineplayers for thegame. At mat early date,the roster had notyet solidified and a number of starters were notable to attend. Criminal Intentthenwontheirnextthreegames, by scores of 1-0,1 -0, and2-I.'For each ofthe three games they were able to field a full team and had the necessary subs available. The last game ofthe season ended in a 1-0loss inagameofmany missed scoring opportunities forCriminalIntent. HALLOWEEN PARTYAT MICHAEL,DAVID & DAVE'S PARTY PALACE VirginiaLeary, thirdfrom left, amidst a throng ofwell-wishers, including visiting Professor Catherine Tinker, second fromright, and ProfessorDavid Engel,far right Photo: Palßoalsvig committee thatorganized a dinner in Leary' s honor. Her "creativity, dedication,personal grace, and humor make her highly respected and admired by colleaguesand students alike." During the past fiveyears, Learyhas securedaboutssoo,ooofrom theFord Foundation for direct student support in the internationallaw program. She directs thelaw school's Geneva Internship Program,whichawards stipends for a 10-week summer internship withan international organization in Geneva, Switzerland. Students have been placed with United Nationsagencies and non-governmental organizations in thefields ofhumanrights and the environment Leary also serves as co-director of meUB Human Rights Center, whichfocuseson humanrights from an international andinterdisciplinary perspective, with special reference to economic, social and cultural rights, and rights such as environmental protection, the right tohealth care, discriminationagainst ethnicand groupsrights, and theproblems of development She has writtenand lectured ex ten- and commitmentto the ideals ofinternational law. She alsospoke on recent developmentsin international law,and condemned recentacts by the United States in violation ofinternational extradition treaties and U.N. declarations. Mention was also made ofthepossible implicationsderivedfrom theUnited Nations WHEN: WHERE: DEAL: SATURDAY.OCTOBER 3 1,9:00 PM 573 LIN WOODAVENUE WEAR A COSTUME AND DRINK BEER Desmond Banquet Photos Conference onEnvironmentand Development heldinRio, Brazil overthe summer. Here too, Leary emphasized that theU.S. had only marginallybegun to comply withthestandards and requirements ofinternational environmental law. But on the plus side, governmentaland private sector awareness of environmental issues was steadily increasing, and she was optimisticabout future developments in this area ofinternational law. Leary isa former vicepresident of the American Society ofInternational law, a former president ofthe Buffalo Council on World Affairs, and amember oftheboard of directors ofAsiaWatch andthe Labor Rights andEducation Foundation. A resident ofthe West Side ofBuffalo, shereceived a law degree from theUniversity ofChicago. Srikantßamaswami, aka ChicoSwami, spinning the disksforDesmond Photo: Michael Radjavitch Michael HewittandMike Vhargas smiling after namingBrian Reddy as Best Oralist Photo: DanHam's ...Boyer, continuedfrompage4 proposal for grading system modification. Nobody made sucharequest withregard to the decisionmaking. IfThe Opinionthinks that our current process formaking decisions on matters ofacademic policy needs improvement, drop-addproposal. In short, until the article in question by all means let's identify the problems and appeared in The Opinion, this issue seemed to start developing solutions. This year, the me an example of the way our committee Academic Policy and Program Committee process ought to work to generate consensus (with studentrepresentation) has begun workamong members-ofthe Law School commuing on revisions ofthe Law School by-laws, nity. Thus, I was puzzled by the article's which definethe Law School' s decisionmakimplication thatthedrop-add policy was someing processesandresponsibilities. The SBAis howramroddedthrough withoutadequate stualso revising itsconstitution. Goodcriticisms dent input; it almost seemed that the writer and goodideas will benefit both ofthose delibwas disappointed by the lack ofconflict. erations; innuendo willnot. Although the particular issue is not among the major problems facing the Law Sincerely, School, it doesraise morefundamental ques- BarryBoyer tionsabout studentand faculty involvement in Dean and Professor ofLaw ROCKTHEVOTEH RemlaParthasarathy andRobinKaplandisplayingstrikingproftles after accepting thefourth best briefaward, as Jennifer Pitaressiwhoops itup Photo: DanHarris 8 The Opinion October 27,1992 �I T™ PASSWORD: THE PASSWORD: /■ fA i-m fi\ / m \ \\ w * X so 11 (201)623-3363(203)724-3910 FAX: (212) 719-1421 \S\J) V*-' \\ e> «,, V \ \\ \ \\ , >0\I \\IL> .i** \ WpNlf HOOBroadwiy NewYork.N.Y. 10036 rtfj THE PASSWORD: I 20 Pirk PUzl. Soltt 931 10036 (212)719-0200(800)472-8899 Bolton. MA 02116 (617) 693-9933 (800) 066-7277 20 623-3363 203 724-3910 FAX: (6! 7,693-9386 FAX: (212)719-1421 \ \ 500 Brotaw.y New York, N.Y. 10036 . r7\J\_r\MJ 1500»ro«dwiy New York, NY. \\ *p<V* \ & ' 7/-y fTy / \ v \ C<^*V* \ VO"*" §==? 20 Park Plu*. Suite 931 Boston. 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For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). BAR REVIEW The Nation's Largest and Most Successful Bar Review. 1500 Broadway, New York, NY 10036 (212) 719-0200 • (800) 472-8899 • (201) 623-3363 • (203) 724-3910 • FAX: (212) 719-1421 20 Park Plaza, Suite 931, Boston, MA 02116 695-9955 • (800) • FAX: (617) 595-9386 ■■■■■■■■■■■■■■■■■■■ ._ Date: H1 » fj f*p vl. \ i THm-a* *ITO6S - / A Affi X. D A/1 |\OOtA I0VO HHHIIBHHiHHHLBHHHHHMBiIBSHHBHE October 27,1992 The Opinion 9 �...Pro ...Ex-Hostage ...Con continued from page 7 Domestic Violence and Prison Task Forces, International Law Society, the many journals, a paid job outside school, etc.,are all ways to both distinguish ourselvesand worktogether not against eachother - to achieve a common goal. And although some ofAeseextracurricular activities may be based on competitions, thosewhoparticipate do so because mey want to, not because they have no choice. They choose to highlight their strengths. In a competitive grading system, no one can opt out. After all, gradesreally don't mean a thing once you're behind a desk 10 hours a day. But the extracurricularactivities you do in law school are a true indication ofthe person you are. Finally, I keep hearing about how employers are looking forspecific GPA' sor class rankings. I have two answers to that.First, we allknew before we came here what thegrading systemwas like. We may not haveknown the way it is viewed by some employers, but we have only ourselves to fault for that. Perhaps some of us should have asked some more questionsbefore we accepted ouradmittance. Second, it is sad that some employers are so shortsightedas to want afurther grade breakdown. I seems to me that telling an employeryourpercentageof'H's" wouldbe satisfactory. But ultimately an employer is hiring a person, with a myriad of strengths, weaknesses, and eccentricities.People should bejudgedfor who theyare, not for theirability to get a "B+" when the average wasa "B". That proves nothing in the long run and is a completely arbitrary way of judging a person. continuedfrompage 7 continuedfrompage 1. who simply wish to obtain a law degree. It wouldbefundamentally unfairfor a "c lass " of and ittook several weeksfor this initial shock to wear off. Henow found himself inwhat he described simply as "Hell." Survival now consistedofthe dailytaskofsimph/ "dealing" with pain, remorse, suspicion, violence, and the longing to befree. He had to learn to stifle theurge tolash out in anger, sincehewould only sufferadditional ly as aresult. Filthy most of the time, he was allowed only one ten minute period dairy to relieve himself. He was spat upon, sat upon, and periodically poked and prodded withthe barrel ofa gun. It was three and ahalf weeks before he was allowed to sit up, and another three months before he was allowed to speak. In his sevenyears ofcaptivity, he wasmoved about twenty timesfrom cell to cell, each time wrapped up with packag ing tape like a mummy, with only the nostrilarea left open. He remembered ho w the very sound ofthepackaging tapebeingpeeledoff theroll, anindicator thatall ofthehostages were to be movedagain,wouldmakehisbody "shudder" and break out in a cold sweat. He admitted there were times he just wanted to die and remembered telling the guards "Go ahead! Kill me. Shootme nowand my troubles will be over!" Mr. Anderson thentoldthe audience about how he had fared with the nine other hostages. Without the companionship, the laughter, and the shared faith of his fellow captives, he doubted whether any ofthem would havecoped as wellas theydid. Formuch ofhis seven years as a hostage, he was handcuffedtooneotherhostage,Thomas Sutherland, and remarked that he had spent more time togetherwith this onehostage thanmany men will spend together with their wives during theirentirelifetime. Althoughhe neverstopped believ ing that one day he would befree again, he had many doubtsaboutbisability to lastthat long. At times he wondered why God had chosen him to suffer, and couldfindno answer. The whole experiencedeepened his faith, and hefound thisfact slightly ironic in light ofthe fact that he hadrejected the church as a teenager, and had only returned to the church six people whohave chosen anacademic lifestyle to impose their view ofthe correctapproach to the study o flaw viathe useofa grading system whichreflectsthose beliefsonanother " class " ofpeople. Similar to this point is the concept of fairness to students. Its originrests withinthe extremely broadgradingrangeofQ." Just about all ofushave heard ofme discrepancy between the student who studies hard all semester, and ends up withthe same gradetgs a student who studies veryLittle duringthe same semester. Placing this concern in historical perspective, itis truethat our school needed a more generalized grading system from the numerical one previously used, butit is nottrue that the present system accomplished this satisfactorily. Indeed, thispresent system isan months before hisabduction. Terry Anderson had never been a fan ofU.S. Foreign policy, especially in Lebanon and the Middle East, and notedthatthe U. S. is trying to bea "broker inthat geographicarea. This may be a mistake, he said, for the problems ofthat area must firstand foremost be solved byme people thatlive there.Buthe does feel thatoverallthe U. S. handled the hostage situation well. While in captivity, he did not understand why the U.S. did not yield to the demands ofthe terrorists. His longing to go home was so strong, thathe simplywanted the government to pay whatever the hostages wanted. But he said, in retrospect, he now understands theU.S. position, adding thatpaying the kidnappers' price justwould have encouragedmorekidnapping. Hethenmentioned that,ingeneral,U.S. foreign policy is too often made with only domestic considerations in mind. In addition, he said, the tendency has been for U.S. foreign policy to be based on "Realpolitik," that is, on our business and commercial interests. Our foreign policy, according to Anderson, shouldrather emanate from ideals, suchas ourvalues on humanrights and democracy. A question and answer session with members ofthe audience followed, during whichhecommented on hisforthcoming book (Den ofLions, to be published in the Fall of 1993), the role of his sister Peggy Say in keeping his spiritsand hopes offreedomalive, and thestrength ofhis lovetowards his wifeand daughter. Healso addressedIsrael'srole in the Middle East. Israel, according to Anderson, shouldnotholdontooccupiedareas,andmust realize that there will not be peace in the Middle East as long as they are held. Towards the end ofhis presentation, Terry Anderson quoted the philosopher Nietzsche in trying to describe how he felt overall about his experience as a hostage: ' 'That which does not destroy me makes me stronger,'' adding' 'they didnotdestroy me." However, he rejected the view that he was a "hero" ofany sort, stating that heroic acts involve both courage and choices, and as a hostage he never was allowed to exercise any exampleofover-compensation foraproblem which couldhavebeen easily solvedthrough a switch to the "A - F " system. The continuing cries ofunfairnessamong those students who would otherwisehavereceiveda "B" as opposed to anamorphous "Q " standsas atestimonyto thisover-compensation by our present grading system. Theones who ultimately pay are we, the students,and this is dueto the mass lumping together ofdisparateand diverse studentperformance. Ultimately, we can have a significant impact upon the academic environment we wish to live in. We can, after thoughtful consideration, conclude thatthe decisions of those before us werenot as carefully consideredas we would have liked. We can move to Supreme Court modify those choices. We can lobby torefine continuedfrompage 1. those decisions. But wemustonly do this after The Judgesfor the competition, Denman, careful consideration, time, and significant Boy er, Jasen, Koshian, and Murphy each asked experience. At least onthis issue, we findthat pointed questions which were fielded wellby allofthese factors exist. We likewise find that the value-judgments embodied in the present all finalists. ChiefJusticeDenman, in particuwas lar, involved in each argument, focusing grading formatdonotcomeascloseto solving pertinent questions on every issue. In the end the discrepancies, disparities, orconcerns as thejudges commented on how pleased they originally expounded on the issueofgrades. I thereforeask thateach one ofus vote freedomofchoice. were with the level ofcompetition. the election this only vice-presidential in not Denmanremarked thatthe competitors were better prepared and more poised than week, butalso makes our position known on ...Evangelism many attorneys who appear before her in the this very important issue of grading policy, ligion" which denies the existence of any since the is scheduled to particularly faculty Fourth Department. Judge Jasenreminded the continuedfrompage 5 spiritualsovereign whomightrelegate human discuss this issue at the next faculty meeting. participants to always answerthe judges quesbeings to a position of subjugation. In the Thank you for your time. I look forward to derlinemegalomaniac statusto propoundtheir humanist's world,man is the Ultimate being tions, even with an' T don'tknow ifnecesinterests. sary. He also commented that itis important discussing this withall ofyou. and his pleasures must be satisfied at the I would quickly pointouthowever, that expenseofallothervalue systems. Anyother to look at the judge with the question when answering. A comment was madeby Judge done,Gary Simpson andBrian Merceremerged every interest groupseems to have itsradical system threatens the primacy ofman and is fringe, e.g.ATDSactivistswho throw condoms therefore subject to the philosophical trash (Dean) Boyer thatitis importantto haveaclear the first place team. at priests orinterruptCathohe Mass, environstructure in the argument and congratulated Though not emerging as the victors in mentalists whoplace steelspikes trees to be heap- it cannot coexist with secular humanin ism. Gary Simpson on his clarity in setting forth his the final round, Jennifer Willig and Helen harvested, "artists" whoadvocate orrap killIt is just such tripe against which argument Pundurs were awardedBestBrief. Brian Reddy The Moot Court Competition prelimi- received the honorofßestOralistbased onthe ing policemen as a method of establishing evangelicalsseektodefendthemserves. While nary rounds began Wednesday and concluded combined scores ofthe first two nights ofthe control over their communitiesall exemplify humanists endeavor to impose aberrant views ofmorality and personalresponsibility on the Thursday evening. Scores were then tallied competition. Inall, 90 people took part in the this tendency. The crux ofthe anti-evangelical arguandthe top eight teams, 16competitors, comrest of the world, evangelicals have since Competition. Although therecan onlybe one ment seems to be that evangelicals seek to antiquity been the sufferers of persecution peted in the quarterfinals on Friday. Eight "winning" team, all participants are to be own beliefs upon the rest of because teams then became four in the Semi-finals on congratulated for theirparticiparion. Look for impose their they dared to live according to their and fail to respect or even tolerate consciences and by immutable standards of society Saturdaymoming. By 2:00 Saturdayafternoon, all Moot Court results in this edition of the divergent viewpoints or lifestyles. This is a rightand wrong,motivated by a desireto please only 2 teams were left. Whenall was saidand Opinion. serious misperception. Evangelicalshave no a beneficent and loving Creator. The Chrisinnate desire or spiritual mandate to silenGe tianswho were fed to thelions inancientRome, opposing viewpoints. Those who accuse MartinLuther who would not yield his conevangelicals of intolerance to the point of science to the intellectual straitjacket of a exclusion fail to identify, eitherintentionally flawed theology, andthe Pilgrims whosacri- ... Finalists Jennifer Willig andHelenPundurs receive theirawardfrom Michael Hewitt. Photo: Dan Harris 10 The Opinion October 27,1992 or due to inadequate analysis, a belief in an ficed their homes and endangered theirlives absolute standard ofright and wrong as the for an opportunity to worship God freely, all factor which utterly compels them to defend exemplified this quality found today among themselves from societal assaults of their evangelicals. value system. Rather than intolerance, this is Consistent withtheir 200 year history, an act ofself-preservation. It is not illogical to evangelicals today seek freedom to worship assert that it is the critics of evangelicalism and freedom to live without interference from whoare guilty ofintolerance. Theircriticism proponents ofan amoralworld where Godis an may be an attempt to assuage their own anomaly and man is omniscient. It was this malcontentedness and deny admission oftheir desirewhichculminated in thefounding ofour own moral turpitude when held to the free and democratic nation 216 years ago. unassailable standard of traditional values. Novalis,the 18thcentury German lawyerand Hoggs, the English poet, said,''Guilt proves poet said,' 'Christianity is the root ofall dethehardest nearest home.'' mocracy, thehighest fact intherights ofman.'' Critics' accusations ofintolerance notTheevangelical'sdefenseofhisconvictionsis withstanding, it is not the evangelicals who an inevitable result ofhisfaithand hisfaith the seek to force society to accept a value system final bastion ofdemocracy. against its will. Rather, secular humanists have formulated their own man-centered "re- �The Docket asdfdfsdf Boyz 'NThe Hood What: When: Where: Lowdown: What: When: Where: Lowdown: Wednesday andThursday, October 28 and 29, 6:lspmeachnighJ; Room 106,0'Brian Hall Crime and Punishment Video Series. Admission is free Hibernian Law SocietyRecruitment Party Thursday, October 29,9:00-12:00 pm TheDiplomat (73 Allen St., near Delaware) Everyone welcome. Guinness, Harpand food. $5 cover ''Recent Changes in Eastern Europe speakers What: When : Where: Lowdown: Monday, November 2,3:30pm First Floor Lounge Professors Szumanski and Klich, visiting from Jagiellonian University inKrakow, Poland,will be speaking. Sponsored by the International Law Society Attention AllThird-Year Law Students: Commencement may seem very distant, but it is around the corner withregard to planningrequirements. Please take the time to submit suggestions for commencement speakers to MichaelRadjavitch, Box #212. Include yourreasoning and somebasic Biographical informationabout each suggested speaker. I will also be exploring fund-raising avenues and possible sponsors forpotential graduationweek events. Any other comments or suggestions about commencement (including fund-raising events) and possible graduation week events (and sponsors) are welcome. What: When : Where: Lowdown: TheLabor and Employment Law Association Thursday, November 5,3:00 pm First Floor Lounge Organizational meeting for a new student group which will deal with issues oflabor and employment law What: When: Where: Law Day Conference Lowdown: What: When: Where: Lowdown: Thursday,November 5,8:30 am-1:00 pm Student Union, Room 145a, UB Amherst Campus Sponsored by the Black Law StudentAssoc. " Maastricht: A Broken Dream? " presentation Tuesday,November 10,7:00pm Room 109,0'Brian Hall Louis LaFille, Belgian attorney and managing partner ofLaFille andVan Crombrugghe, will be speaking. Sponsored by the International Law Society Journal of International Law Announces Ed. Board The Steering Committee ofthe Buffalo Journal ofInternational Law held elections for the Editorial Board positions on Thursday, October 8, 1992, and the Editorial Board held further elections for vacant positions on Tuesday, October 20,1992. The results of these elections wereas follows: Editor-in-Chief: Michael Radjavitch Box 212 884-1942 ExecutiveEditors: JoiCary Laura Vasquez PublicationsEditors: Francisco Duarte John Foudy Paul Roalsvig* ManagingEditor: Barbara Hurley BusinessEditor: Stephen Lee Technical Editor: JohnOleniacz Recent Developments Editors: TomCannavo Maureen Mahon JohnMartin Give Blood, Date AVampire ++ + + SBA Blood Drive, November 2 and 3 — -^ Revson Foundation Announces Public Interest Fellowship Program The Charles H. Revson Foundation is pleased to announce the availability ofRevson Law Students Public Interest (LSPIN) Fellowships for law students interested in working in public interest positions. Stipends of$3,250 are available for first- and second-year law students attending law school in New York and New Jersey who have secured volunteer summer placements with public interest organizations in the New York metropolitanarea. The Revson 1993 LSPIN Fellowship Program is being administered by the Public InterestLaw Center at New York University School of Law. Up to 45 grants will be made to students working full time for ten weeks duringthe summer of 1993. Applications and more detailed guidelines can be found in both the Dean's office and in the Career Development Office. LSPIN encourages all interested students to apply. Deadline for applications is Friday, January 29, 1993. Awards will be announced by Tuesday, March 9, 1993. ArticlesEditors: Andres Colon-Perez* Hon Lai* Edward Moy* Barbara Saver* Bob Sisson Indicates result offurther election to fill vacant positions * Please direct any inquiries or correspondence to the attention of Michael Radjavitch, or to any other member ofthe Editorial Board. USE CONDOM SENSE October 27,1992 The Opinion 11 �(21)79-02 Indivualze Reviw Clinc" BAR/BI BAR/BI Model Atorney model Min-Revw Comprehnsiv, Coverage BAR/BI A n s w e r G r a d e 2 5 0 c o u r s e M u l t i s a e V o l u m e York's E s a y s M u l t i s a e M u l t i s a e W o r k s h o p A t e n i o A n s w e r s (80)472-89 150 Largest MWorkshop ultisae Volumes Condesing COountlicnisees Multisae includes: Question Broadwy, Most (201)63- REVIW P1036 ersonalizd FRE. Arthur - Gilbert tuion: Gilbert review recive: enro When (203)74-910 Reviw (Regular Miler Multisae $t1ui9o5n:.)courseDISCOUNT register ■ ■ ■ ■ ■ MPRE ■ SL^JF*™" All & A New ■ ■ Mo r e With Q than Essay ■ New & NY of Bar (212) 719-421 19 3 BAR/BI FRE The FRE The < $195.)(RaregU Re 9 tui on: CPLR $75.) Min-Revw ular + tuilon: | bar/BRI ■ ■ 325 Exam * > ha bar (Your $200 New -|York Es ay s t u d e n t Workshop Advantge For just for $1395 Hdt B A R / B I V the B A R / l ' s t h o u s a n d e x p e r t s your audiotape BAR/ I c o u r s e l e c t u r s . BAR/ I studentvideotape alercetu.r s can was BAR/ I directly. go d," exam BAR/ l's students repsntaive, sampling rave REVIW or the on e x p e r t s l e c t u r s a b o u t yourself typical on are the for a of you'l by the of the this bar find out is and In return, stop you bar \ l j h . r e v i e w the tui on. course. of first New you York off "I time, you —a i d e a t h e law, for f r e e ask the the write to REVIW „ You by q u a l i t y e x p e r t s E v e r y l e c t u r i n g . h o w had displayBAR/ I your com ent. no on year, our BAR and n or and BAR Reviw The earful. tablecourse, own goodNow, Largest Bar ■ an Nation's Personalizd ■ get The Most ■ on all Law BAR Course FAX: Topics & WUh York, The ■ New New NewExpert York York York I and ■ ™ II f / Belivng HearingBAR/ I With W \ U\ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-10-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/27/1992 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2325a4ea8a8af19651a8f3b69672eb9f.pdf 943dd7b4b6db53a9bbbe75362dc6b1d7 PDF Text Text Volume 33, N0.5 TO HE PINION STATE UNIVERITY OF NEWYORKAT BUFFALO SCHOOLOF LAW October 14,1992 Exiled Scientist Discusses Political Repression by VitoA. Roman,i, Editor-in-Chief While taking asylum in the American Embassy in Beijing following the Tiananmen Squareuprisingsin 1989,Professor Fang Lizhi continued his research in astrophysics and submitted for publication an articleonhis "smalluniverse" theory. Thefirst footnote in the article asked readers to direct any inquiries to the author's temporary address,the embassy. When the StateDepartmentgotwind ofthis, they quickly asked Professor Lizhi to drop the reference, since it would hurt their negotiations to get him out of China. He complied and some months later the article was published in a scientific journal in Italy. This time it directed all inquiries to a Rome address. Rumorssoon followed thattheoutspoken critic of the Chinese political system would be takingrefuge in Italy. Ofcourse, no such thing happened. Instead,the American governmentwasable to arrange for therelease ofProfessor Lizhi and his wife tothe United States. Today he teaches astrophysics at the University ofArizona at Tucson and continues his strugglefor human rights in China. While in China, however, he was often in trouble with the authorities for his views. Althoughhewas consideredthe nation's leading astrophysicist,he wasalso an outspo- ken advocate for democratic reform. In fact, Professor Lizhi is creditedwithproviding the spark which led to the Tiananmen Square uprisings inthe Spring of 1989after writinga personal appeal to Deng Xiaoping, the leader oftheChineseCommunistParty,asking forthe release ofallpolitical prisoners. Prior to this, Professor Lizhi had already been expelled from the Communist Party for encouraging studentactivism, and had been prohibited from traveling abroad, speaking to foreign journalists, or of writing on political matters. Since hisarrival inthe US, Professor Lizhi founded and now serves as directorof '' Human Rights in China," aNew York based organization. He has alsoreceived the JohnF. Kennedy Award for Human Rights, has recently written a book entitled Bringing Down the GreatWall: Writings on Science, Culture and Democracy in China, and continues to speak out on the subject ofhumanrights. Speaking this past Saturday at the Buffalo Hilton, Professor Lizhi explained that simply saying "humanrights" in China was dangerous. His lecture, which was entitled ''Science andPolitics in China,'' attempted to explain how science in China hasalways been at the mercy of its political leaders. To illustrateliispoint,Professor Lizhi useda seriesoftransparencies. One depicted SBA President Receives Academic Awards bySaultanH. Baptiste, jManaging Editor Student BarAssociationPresident William F. Trezevant accepted a double honor last week when he wasawarded the John L. Hargrave Legal Scholarship for Academic Excellence andwas selectedas the recipient of the Phillips, Lytle, Hitchcock, Blame & Huber Scholarship. TheJohnL. Hargrave Scholarship was awarded by theErie County Minority Bar Association at their 10th Annual Awards Dinner, held in the Grand Ballroom ofthe Hyatt Regency in downtown Buffalo. The award's namesake, John L. Hargrave, wasknown for openingthe first Black law firm in Buffalo, his substantial work in the Black community and his concern for the advancement of minority attorneys in the legal profession. The award was given in recognition ofhis strong academic performance, significant contribution to law school activities, and commitment to the advancement ofminorities in the legal profession. In his acceptance speech, Trezevant stated that he was honored for being considered for the award, but was mindful that the Hargrave Award carried a duty toreach back and helpothers through the oftendifficult law school experience. As athird yearlaw student, Trezevant said that such an award "isa reminder that no one achieves any level ofrecognition without remembering those who came before and opened doors of opportunity." He concluded withthe observation,' 'Wehave come far in theadvancement ofwomen and minorities in thelegal profession, butmore still needs to be done.'' Trezevant wasone ofthree honor- William F. Trezevant ees whichincludedMrs. Constanceß. Eve, wife of State Assembly Speaker Arthur Eve, who won the Community Service Award, and Mr. John V. Elmore, whoreceived theLegal Service Award. Trezevant also received one of two Phillips, Lytle Scholarships, which included a $2,500.00 cash award. Second year law student, Kedra L. Burgos, was distinguished with the second year law studentaward. Established last year by the law firm to reach out to the Buffalo community, the scholarship is designedto encourage minority law students to remain and practice in WesternNew York. The scholarship wasawarded to a minority or disadvantaged student who showed strong academic performance and commitment to remain in WesternNew Yorkafter graduation. Dissident astrophysicist Lizhi explains why science is at the mercy of politics in China. a time-line showing how over two thousand years before the development ofmodern astronomy Chinese emperors constantly used astronomers to predict thefutureand create the calendars which would make them appear omniscienttotheirsubjects: Anotherdepicted howwhen theintroductionofmodem astronomy inthe 17th century threatened their traditional power overthese calendars, the early modern astronomers were simply put to death. Professor Lizhi claims that modern communist Chinais no different Thecommunist government embraced science only for what it could givethem, namely, technology whichcould beusedto buildweapons to defend the nation. However, the same government abhorred theby-productofthe scientificpro...Scientist, continued onpage 8 Faculty Alters Policy on Dropping Courses One ofthe items on the agenda oflast month's Faculty meeting wasthe policy on dropping courses, specifically the issue of students dropping courses late in the semester. Such late dropshaveapparently caused pastproblems for instructors who have structuredtheircourses around active student participation. Students who drop such courses late in the semester, oreven mid-semester, cause problems not onlyfor the professor, butalso for the other studentswho had beenrelying onactive inputfrom everyone involved in the course. In order to prevent therecurrence of such problems, the Academic Policy and Program Committee recommended the following policy: Policy on Dropping Courses SomeLaw School courses are structured to include work assignments such as c lass presentations or simulations thatrequire extensive student participation to make the educational process effective. In such courses, late course "drops" can be extremely disruptive. To minimize such disruptions an instructor may designate a course as permitting' 'NoDrops After Drop-Add period.'' This designation should be communicated to students, in writing, no laterthan one weekafterthe start ofclasses (and preferably would be included in the course description). When a course is designatedas "No Drop AfterDrop-Add,'' a student mayresign from the course with an R grade after the last day ofDrop-Add only with the permission of a designated Law School administrator, upon showing ofcompelling circumstances. Otherwise, the student willreceivea grade based onthe instructor'sevaluation ofhis orher work in the course. The Faculty, without discussion of any sort, unanimously passed this recommended policy. The fact that this issue was not discussed, yet received unanimous approval, seems to indicate that the issue had been all but settled during the past academic year. Before the Spring semester the Faculty unilaterally, and without warningthe students, passed a similar policy. That policy was to be in effect for the Spring, 1992 semester, however, the Student Bar Association (SBA) successfully challenged the Faculty's unilateral decision. This challenge evidently forced the Faculty to rethink their decision-making actions and allow at least minimal student input, thereby according the student body with some ofthe respect it deserves. HIGHLIGHTS Group Spotlight Editorials & Commentaries Practicing Criminal Law From the Balcony Seats 3 4-5 8 10 �I ° REGisTRAri N must II ■ ■ The Pieper Course Includes: ——————————————— —>�* W7TJT THE J**- a|hjaha fii |iil|lo H[ m ■■■■ I * Complete lecture * Multistate Practice and Exam writing + Multistate Professional MIH H| H |H WM I CPPPTHT """ fil * Multistate Volume I H |I¥CP 1111 111 Professi°™l Responsibility H ■ UA Responsibility Exam ljlfllj I Law student's discount of $200 will be deducted from the cost of $1,300 for any student still in law school who registers lor the Pieper New York Multistate Bar Review Course by November I. 1992. ■ ■ * P//k H lohn mPipripr\ »i///i/i o uxyiut /ri CJfIQQ ClllifinnCP UUIUUHI.C i#*-Vy«UOO For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. ■ The Bar Course That Cares. i^H 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 Smith,DavidTeske PIEPER REPS.: Deborah Barone,JackCanzoneri,AndrewO'Brien,David �THE PRISON TASK byKevin P. Collins, NewsEditor The Prison Task Force (PTF) was startedfifteen yearsago in 1977byagroupof law students in the University at Buffalo Chapter of the National Lawyer's Guild (NLG).Manyofthose law students,whohave long since graduated, stillworkandareaffiliated withthe NLG. ThepurposeofthePTF today isthe same as its original purpose: to teach inmates how to use alaw library. The PTF serves to familiarize inmates with the form and substance of legal research and writing. The PTF prepares inmates for the DepartmentofCorrections(DOC) LawClerk Exam, which allows them to become a law clerk, oneofthehighestpaying jobs inprison. Asalaw clerk, an inmate can work on his or Visiting Professor Brings Diverse Background to UB Law FORCE An average lesson isabout afivehour time commitment. Law students leave at 5:00p.m. andtakeonehourtogettotheprison, stoppingalong the wayfordinner,affording them a great opportunity to socialize and meet with each other. Class usually takes around two to two-and-a-halfhours. By the timethelaw students return home, it isnearly 10:00p.m. ThePTF isan eight(8) lesson course: (1) an introduction to the legal system and how to briefa case; (2) statutes; (3) Court Reporters; (4) encyclopedias and digests; (5) Shepards; (6) legal argumentation; (7) Article 78s; and, (8) a review and exampreparation. byMichaelRadjavitch, iBusiness Manager Professor Catherine Tinker, visiting New from YorkUniversity SchoolofLaw, is currently teaching United Nations Law and International Environmental Law hereat UB Law. ProfessorTinkerhasalsotaughtcourses in Criminal Law and International Business Transactions, and willbe teaching WhiteCollarCrime in the Spring. She is here primarily dueto the effortsofProfessor VirginiaLeary, andhasalreadycontributed significantly tothe law school community. ProfessorTinker gave apresentationonthesubjectofEnvironmental Rightsas Human Rightson October 1,and has also organized a speaker series. The first two speakers of this series were Susan Tanner, attorney and Executive Director ofFriends of the Earth, and Andras Vamos Goldman, an attorney from theCanadian Embassy in Washington, D.C, both ofwhomProfessor Tinker i metthroughherworkwiththeUnitedNations ' GROUP SPOTLIGHT will bea series featuring a different student group each issue herown cases and appeals, as wellas thoseof Next semester, the PTF plans to go otherinmates. back to Attica,the infamous New York State A secondary purposeofthe PTF is to maximum security, all-male prison. Last enable law students to visit a correctional semester, the PTF was able to take its profacility and to meet and interact with the gram to Attica for the first time. This was inmates. It isa good learning experience for the first such program to be allowed into bothfuture public defenders and districtat- Attica since the riot in 1971. The PTF also torneys, as it offers a strong exposure to the plans to teach in a women's prison next realistic effects ofthe criminallaws. In rum, semester as well. inmates teachlaw studentsaboutprisoners' Law students who wishto join die PTF rights issues, as well as about the impact of may sign uponthelistoutsidetheSßAoffice. substantive and procedural law on their daily The PTF is teaching in lives, and what types of legal action and semester: on Tuesdays, three prisons this the PTF goes to assistance they consider effective. Collins, a medium security,all-male prison ConferenceonEnvironmentandDevelopment (UNCED). Professor Tinker added that she wanted to start a speaker series that would bring in interesting international lawyers who were actively involved with the' 'new thinking" on environmental and developmental issues. Shebringsaverydiversebackgroundto theUßSchoolofLaw. Professor Tinker hasa B.A. in History and an M.A. in English and Comparative Literature. After receiving her J.D. from the GeorgeWashington University National Law Center, sheworkedasaprosecui tor fora number ofyears, conducted independent research in Brazil for a year, and also clerked and servedas the Senior StaffAttorney forthePro SeOffice oftheU.S.DistrictCourt fortheSouthernDistrictofNewYork. ProfessorTinker thenreturned totheacademic world and completed an InternationalLegal Studies LL-M. atNew YorkUniversity SchoolofLaw in 1989. In addition to her practicalexperience, Professor Tinker hasalso published anumber ofacademic works, including "EnvironmentalPlanetManagementby the United Nations: An Idea WhoseTime HasNotYet Come?,'' an articleused by anumber oflaw professorsas assigned reading. She also presented two papers at the Earth Summit in Rio which are currently being published in English, Portuguese and French. Additionally, Professor Tinker hasgivennumerous lectures on international legal issues, most notably a paperrecently presented to the United Nations on , VisitingProfessor Catherine Tinker Photo: Pail Roalsvig "The Changing Role ofthe U.N. Secretary General." Currently, ProfessorTinkeris finalizing awork forthe TennesseeLaw Review entitled ' 'Environmental Security in the United Nations: AMatterforthe Security Council?" She is also the current Literature Editor for the YEARBOOKOFiNTERNATIONALENVIRONMENTAL LAW. As such, sheand her Research Assistants, Ron Olson and Sharon Nosenchuck, are working onan international bibliography which is to include everything published on international environmental law in 1992. Additionally, Catherine Tinker has just been appointed a Commissioner on the Environmental Law Commission oftheWorld ConservationUnion (lUCN), an international Non-Governmental Organization developing world conservationstrategies. Pro fessor Tinker concluded by stating that she likesthe wide-rangingresearch interests of the UB Law Faculty, especially in connecting international and environmental issues, and she enjoys the lively discussions withstudents who seem very aware ofworld events. She is also getting something more substantive out of her visitwith the UB Law community: being located on the Canadian border in the yearofthe NorthAmericanFree Trade Agreement, the chance to learn more aboutthe GreatLakes as apotential model for thedevelopment ofinternational environmentallaw, and the opportunity to work closely withVirginiaLeary, the GenevaFord Foundation intern program andthe interns themselves. THEROAMINGPHOTOGRAPHER Dedicated PTF members gather in preparationfor a visit to a correctionalfacility. Photo: Paul Roalsvig ThePTF servesa vitalfunction in that afteraperson isconvicted andhasexhausted oneappeal, the right to an attorney ceases. There is no constitutionalright toan attorney beyond this point. The effect ofthis is felt moststrongly by indigentinmates who cannotafford continuing legal representation. These indigent inmates are then forced to workpro se on theirappeals and other legal problems. Howdoes thePTF work?Tento fifteen law students go to prison each class. Once cleared by security, thelaw students proceed to the prison law library. There, usually around twenty-five to thirty inmates take part in the class. Onelaw studentteaches the lesson, usuallya 2L ora 3L whohas experience inthe PTF. Thislesson usually lasts for about one hourand isfolio wedby a questionand-answersession. The second part ofthe lesson,whichalsousually lasts forone hour, is the small group exercises. Here, two to threelaw studentsare grouped with five to (Coordinatorsare 3LScotFisher,Box # 88and 3L ScottRudnick, Box # 225);0nThursdays, thePTF goes to Wyoming, amcdium security, all-male prison (Coordinators are 3L Rob Cheng, Box#4l and2LKathiWestcott,Box# 835); and, on Saturdays, the PTF goes to Groveland, amedium security,all-maleprison (Coordinators are2LSharon Nosenchuck, Box # 734and2LCeline Rodriguez, Box # 763). It is not too late to join the PTF. All lessons areon reserve inthelaw schoollibraryjustask for the PTF Manual under Professor Phillips' name. Copies ofthePTF Manualare also available in theNLG office, Room # 118. Any general questions can be directed to 3L RobCheng,Box#4l. The PTF isa student-created, studentinitiatedand student-run group. Itis one ofthe most active student groups andhas one ofthe largest number of active student members. Traditionally, 1Ls are very active in the PTF andarehighly encouragedtojointhe group and get involved. The Opinion EditorialBoard announces: "THE ROAMING PHOTOGRAPHER." Law students will be photographed and asked their opinions on timely issues which affect the law school. So, be prepared to smile the next time you shoot off your mouth in the hallways! Engel Named Director of Law and Social Policy Center Professor David Engelhas been namedthe new Director ofthe Baldy Center ofLaw and Social Policy. He has agreedto servea threeyearrenewableterminthe position. Engel has been affiliated with the Baldy Center and is an active participant in theLaw and Social Policy Association. Amajor goalthe Baldy Center in the coming years will be to helpparticipating faculty to findand secure externalresearch support. It is hoped that emphasis in this area will bring nationalrecognition to the Baldy Center. seven inmates. October 14,1992 The Opinion 3 �OPINION IBH" October 14,1992 Volume 33, No. 5 Editor-in-Chief: Vito A.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: Gary Simpson Photography Editor: Paul Roalsvig Art Director: Bill Kennedy StaffWriters: Tracy D. Sammarco, W.F. Trezevant Contributors: AndrewKehrer, Bob Garnsey,Bob Gormley EDITORIALS Parroting Perot When money talks, who listens? Orrather, who willbe listening towhat Perot had to say once hehas lost the presidential election? Neither PAC, foreign lobbyist, nor special interest money put H. Ross Perot on thepresidentialballot. Hisown money did. As such, he owes allegiance to nooneandcan getawaywith sayingwhateverhewants. Clearly, much ofwhat he has to say people wantto hear. Perot'spresence in Sunday 'spresidentialcandidate debateindicatesthat a large segment ofthe population haslost faith in the twoparty system's ability to offerarealchoice. Presidentßush and GovemorClinton, forced to acknowledge Perot's presence on the stage, did not dareattack him, but instead were each relegated to usingPerot's views against theother. Each, at moments, tried to soundPerot-like. But regardless ofhowmuch money Perot spends promulgating his ideas, they will probably die unless he is elected, which is not very likely. So the question remains, will his ideas get more than lip service after the election? Perot'sverycandidacyprovidesachallengetowhomeverwinstheelection. He claims thathe would immediately implement aplan upon his election, and would not wait one hundred days untilthe inauguration. Bush orClinton should be heldaccountable tothis standard. Make no mistake Perot and his ideas will eventually be forgotten by the next President ofthe United States. However, his ghost will haunt future administrations. Whowill beable to restrain themselves from thinking, "What if...?" - Threats from Administration JeffBlum's lawsuit against thelaw school is news, sometimes. When the editors ofThe Opinion feel new developments in the lawsuitmerit coverage, we will coverthem. Although two writers at The Spectrum seem to have launched their journalistic careerson Blum's lawsuit, we at The Opinion have seen no reason to add to the information we have already provided on the subject. Nevertheless, newlyappointed Dean ofAcademic AffairsThomasHeadrick thought it necessary to give The Opinion editors some "friendly" advice. He advised the editors ofThe Opinion that should we consider publishing any "Blum lawsuit material, we should first consult witha lawyer orrisk being joined as defendants in a libel action. This so-calledadvice is really an idle, yet insulting, threat. Despite the obviousobstaclestheadministrationwouldhavetoovercome in ordertoprove thatThe Opinion engaged in any libelous conduct, they would find themselves suing themselves, sinceThe Opinionispart oftheState University. And, ifthey were to sue theeditors individually, they would be chasing shallowpockets. The threat also implies thatthe editors ofThe Opinion are not careful in selecting whicharticles will be printed. To the contrary, this is a responsibility we take very seriously. As future lawyers, we are well aware oftheconsequences ofpublishing libelous material. It is unfortunate that our administration does not have sufficient trust orrespect for our newspaper to feel that they can leave these decisions to theeditors. In the event thatThe Opinion should find itselfon the responding side of a libel action, perhapsHeadrick and theLaw School Administrationcould suggest a good First Amendmentprofessor with some free time on hishands.... Copyright 1992. The Opinion. SBA. Anyreproduction ofmaterialsherein is strictly prohibited without theexpressconsentofthe Editors. TheOjnnion.is published everytwo weeks during theFall andSpring semesters. Itis thestudent newspaper oftheState University ofNew York at BuffaloSchool ofLaw. Theviews expressed inthispaper are notnecessarily thoseof theEditors or StaffofTheOpinion. The Opinionisa non-profit organization, third classpostage enteredatßuffalo.NY. Editorial policy ofTheOpinionis determinedby theEditors. The Opinion is funded by theSBA fromStudentLaw Fees. The Opinionwelcomesletters to theeditorbut reserves theright to editfor length and libelous content. Letters longer thanthreetyped doublespaced pages will be editedfor length. Please do not put anything you wishprinted under our officedoor. Submissions can be sent viaCampus or UnitedStates Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260 (716) 645-2147 orplaced in lawschool mailboxes 223 or 611. Deadlines for the semesterare theFriday before publication. The ideas expressedin the "Letters to the Editor" and on the commentary page are notnecessarily endorsed by the EditorialBoard ofTheOpinion. 4 The Opinion October 14,1992 Opinion Mailbox A Time for Sex-positivism To theEditor: Mr.Morenberg, in his letter tothe editor,concludes that oncewe promote the view that female nudity isnatural as opposed toprovocative we are making the first step toward theeradicationofpornography asthe toolforthesexualand economic subjugationofwomen." There is a dangerous connotationimplicit inthis argument; women's sexuality is somehow destructive. It isthis exact viewthatkeeps women hidden behind the veil for fear thatthey may "tempt" aman withtheir"sexuality." The implication? Oncewomen bare theirbreasts and society sees themas nothing more than' 'natural,'' we won't be excited anymore. This dichotomy (natural/erotic) isjustlike the good girl/bad girlrhetoric feminists have grown tired ofa long time ago. An appetite for eroticism ishealthy and the assumption thatonce female sexuality is "naturalized" we lose erotic interest is just as insulting as viewing women asonly "sexualobjects." We need to explore the ways in which women have begun to challenge patriarchal assumptions about desire,andhowwehave started tocreate ourown visionsoferotica sothat wecan define forourselves what gives us pleasure. It is time for women to create a sex-positive spirit (sex-positivism) and use the ambiguity between pleasure andoppression as a toolto examineand celebrate howwomen experience sexual desire, fantasy and action. It is after this spirit is celebrated, not ' 'naturalization," as Mr. Morenberg states, that we lose the need to ' 'censor or regulate pornography. Leslie Pearlman, 1L Lavish Praise forThinking the Unthinkable To the Editor: In' "Thinking the Unthinkable About theRodney King Case: Was the JuryRight," AndrewKehrer presents alucid andinsightful response to theknee-jerk politically correct cries ofjuryracism. AsMr. Kehrer asserts, the nation was shocked by the violentnature ofthe videotape, showing Mr. King beingbeaten repeatedly byan all white group ofpolicemen. The footage conjured images andemotions ofanuglyeraofhistory inthe American south,where thousands ofinnocent blacks werelynched to the joyofacheeringmob. Contrary to the hyperbolicclaims ofthe Reverend Jesse Jackson, himselfananti-Semite, andothers ofnis political ilk, this was no lynch mob! Mr. King wasgiventhe sobriquetof a' 'motorist by media luminaries such as TedKoppell, whoconducted several ofhisNightline episodes live onthe streets ofLos Angeles, interviewing the oppressed gang memberswho weretaking a breakfrom burning down their own neighborhood, murdering other blacks, savagely beating whites driving through their"turf' and looting and pillagingKorean merchants. Mr.Koppellaskedoneof the men why he hadatear drop tattooedunder his eye. The gang memberproudly confessed that whenhe was in prison, it was a custom for an inmate convicted ofmurder to have this tattoo. Thegang member went on to saythathe contributed to the killing ofa journalistand gloatedthathe served amere 8 years in prison. The compassionate soul, Mr. Koppell with his bleeding heart, wenton to call the gangmember an eloquentyoung man and toplace his arm around his shoulder in solidarity with this gangster who was only expressing civil disobedience duringthe war onthe streets ofSouth Central L. A. andKoreatown. This same distortedhalftruthreasoning was employed by hammering the euphemism ofßodneyKing the "motorist" intothemindsofmainstreamAmericans. Ifallmotorists drovelike Rodney King, whoas Mr. Kehrer points out led the police "on an eight mile, 100mphchase down the ...Letters, continued onpage 10 A Letter to SBA President Bil Trezevant I have been informed that atarecent Student BarAssociationmeeting discussion was entered intoregarding removing me from the Academic Standards & Standing Faculty- Student Committee formy espousal ofan unpopular political viewpoint—in essence, that pornography isa goodratherthan an evil. I also notetherecent cancellation ofaU appointments to suchcommittees pending greaternoticeand interview procedures. Ibelievethatyouoweadutytothe law school commumty toreaffirmthattherewill beno ideologicallitmus test forthose seekingappo intmenttoaconimittee.andafurtherduty to identify those McCarthy-ite S.B.A. members seeking to stifle academic debate in this manner. It isbeyond the pale that in alaw school, ofall places, the clash ofideas may be silenced by those abusing theirpositions oftemporary authority. In the interest of service to the law school, consistent with my libertarian/ volunteerismphilosophy, I haveparticipated intheFundraising Phonathon; become amentor toafirst-yearstudentthroughA.W.L.S.;pledged funds to BPILP; volunteered toassist with thefirst-yearresearch and writingprogram;and devotedtime to two SBAfaculty-student committees,agreeing as a time-limited freshman last year to serve ona second committee againstmy original wishes onlyafter being begged to dosoby SBA memberswhocouldn't findenoughvolunteers. I servedadmirably on the ASSC committee, attending all meetings (which were heldfrequently and at inconvenient times)and reporting back to SBA after eachmeeting as required. How many othercommittee appointees can claim the same? Seeking to faithfully represent the student body, I agonized over ourmany difficult decisions, including one in particular thathaunted me for weeks. Dean Filvaroff, Dean Albert,my wife,and any other faculty, administration or student members ofthatcommittee can confirm all ofthis. I asked to serve on thatcommittee again this year for completely selfless reasons. I already have ajob for next summer, and have no need to further padmy resume. I thought that the committee needed continuity in order to bring to fruition some ofits attempts at devisingconsistent standards, as I explained in my originalapplication to the SBA this year. To thinkthat aftermyre-appointmentofSeptember2o,l992,l should havetoreapply in an atmosphere ofSBA hostility is like a slap in the face after my service to your organization. Will myapplication be turned down byone ofyourpolitically correct minions? Will some ideologue beadvised to' 'run against me soas to close me out? I votedforyou insteadof for MikeRadjavitch lastyearbecauseofyour campaign promise to try to bring together the law school's disparate factions. Will you fulfill that promise, or will you allow the imposition ofan overt or covert ideological litmus test for committee appointments? It's your call. JohnCody,2L �COMMENTARY: Trials By NatalieA. Lesh It is unfortunateand ironic that it usually takes tragedy to make people put theirlivesinto perspective. Thetragedy last Monday morning, when four people were killed on their way to work, served as a catalyst for me in thisregard. I am sure that it had a similar effect upon others as well. The random and senselss nature ofsuch an occurrence is especially disturbing. The realization ofone's ownvulnerability is inescapable. And unnerving. The natural response when confronted with this sense ofillogical disconnectedness is to engage inan intensivestudy ofone's own life. This may involve a thoroughretrospectiveoradaringprospective. It may involve both. But it will happen. They strolled along the deserted dock,glovedhandinglovedhand. Thefallair threw bursts of ice against their exposed faces. The stars shone in a brilliant and striking contrast to the clear, midnight sky. As they neared the edge, the sound ofthe waves slappingagainst theaged woodrose fromawhispertoarhythmic chorus. They sat at theveryencLhuddled together forwarrnth, feet dangling above an invisible sheet of water. He told her about the time he had similarly dangled his feet, and had almost hadthembittenoffbyahungryalligator. His eyes widenedas he described howhisfather had sprinted to him from the opposite end of the pier, lifting him to safety at the crucial moment Those who hesitate to look forward will ultimately settle upon a survey of memory. They will recall both the most wonderful and themost painful experiences in theirlives. Thisreview, however similar in nature, will be done for many reasons. Many people remember for the purpose of capturing yesterday in an indelible portrait, tobetaken outandcherished again andagain. Many people remember for the purpose of determiningwhenthey could have, orshould have, chosen a different path. Still others remember forthepurposeof forgetting. Thereinpoured fiercely downupon them. Each cold drop struck its target with force and determination. They were both coveredwithalayerofsofLbrownmud. She wiped the hairaway from her faceand made contact with the ball. With a deep groan,he doye tothe right,catching theballandpulling ittightly to his chest. Hereturned the ball to her,preparingforthenextblow. Aclumpof the drenched earth clung to his face. She laughed, wiped the hair away from herface and made contact with the ball. The metal fencebehindhim clanked and vibrated as the ball sharply bounced offofit. He stood up from wherehe had dived, slamming the ball against the metal fence before whipping it backtoher. "Again," he shouted. Shewiped the hairaway fromher face and made contact with the ball. Those who dismiss the past will focus on the future. Dreams are crystalized and hopes are reborn. As with memories, though, voyages into thefuture are donefor a variety ofreasons. For some people it is a welcome outletfor unyieldinganticipation. For some people itisa peacefulresignation to the invincible forceoftime. Andforothers itis a denial ofburning regret, ofloss, and of self. Frank Sinatra sang as they slowly dancedacross the floor. The dogs circled theirunified figure, eagertojoininthegame. Features Editor One ofhis arms circled her waist, pressing gently yet firmly into the small ofher back. His other arm was outstretched, his hand providingawarmplatformuponwhichoneof her's could rest. Their feet stepped with effortless movement. Theirbodies swayed, bonded to the music. Their eyesheld, melting into the same glassypool ofdivine light. His voice harmonized with that floating through thestereo speakers. Shesmiled. The worlddisappeared. Thepresentisoften forgotten inour haste toremember and to dream. Yet,memories and dreamsare meaningless withoutthe present; thepresentprovides the definitions throughwhichourmemoriesandour dreams can be understood. Inthis way, itis all that exists. It is with the present that we must reconcile ourselves, our pasts, our futures and ourlives. It is for thepresent thatwe should always be thankful. It is in the present that wemust breathe. Anditis in thepresent that we must learn to be happy withourselves. This may seem like a selfish attitude- to becomeabsorbed in one's ownhere andnow. And itis. But this selfishness is not negative. It is necessary. A person whois content withhimorherselfhasmuchtooffer others. Those who cannot claim this same self-satisfaction will be unable to provide any productive support to anyone, including themselves. Appreciation for oneselfand one's life is the foundation upon which all else must rest. Shewascurledupontopofthebed. A thick quilt covered her naked legs. Her eyesstaredblanklyatthepageinfrontofher. The wordsswirled in aseaofblack andwhite. The song on the radio sliced through her thoughts ofyesterday and tomorrow. Her eyes focused. With a sigh and a smile, she pickedupthepen whichhad slipped fromher weightless hand, and turned thepage. Inthe background,Mick and Carly sang, "You're so vain...youprobably think thissong isabout you. Don'tyou?" Too many people become trapped inwhatwasorwhatwillbe,inmemoriesand in dreams. Tragedy jerksthe present onto center stage with an unsettling harshness. The challenge is to keep itthere. Wade Critical Look at Historical Analysis inv.Roe by AndrewKehrer It isoftenargued thatthe earlycommon lawregarding abortion did not punish thosewho soughtabortions before thefetushad quickened. Quickeningrefers to thestage ofgestation when fetal movement can be detected by the mother. This stage varies from woman to woman but usually occurs four to five months into the gestational process. Common law cases such as judges applied the common law and thusdidnotpunish pre-quickeningabortions. Many argue thatthis position in the common lawreflected a beliefthatpre-quickened fetallife deserved no constitutional protections. Asabortionbecamemoreprevalentin the United States duringtheearly 19thcentury, antiabortion laws sprung up in many states. The reason for theselaws,claim pro-choiceadvocates, wastoprotectwomen. Theproceduresused toprocure abortion in the 19thcentury oftenincluded the ingestionofhomeremedy type potions that were sometimespoisonous. Any physicalaction tookto dilate the cervix wasalso dangerous and unsanitary. JosephLister did not introduce antiseptic into surgery untilthe late 1860's. From theabove interpretation ofhistory, the Supreme Court, in Roe, drewthefollowing conclusions: 1. Thecommonlawdidnotpunishpre-quickenedabortions. 2. Theearlyanti-abortion statutes were enacted primarilyto protectwomen,not fetallife. 3. Abortion practices in the early 19thcentury weremuch freer tiianinthe mid-twentieth century. 4. Ferusesarenotpersonsforpurposesofthe 14thAmendment. There iscertainly some truth to thearguments oftheCourt Abortionswere dangerousfor women in the early 19thcentury. Some laws were passed forthepurposeofprotectingwomen. ...Abortion,continued onpage 10 COMMENTARY: School Choice by GarySimpson,.Layout Editor Therecent presidential campaign hasraised the issue of"school choice." It is,in fact, included intheRepublican Party platform; the position is thatcompetition betweenboth public and private schools is the answer to what is currently ailing the public school system. Theschool choice phenomenon hasevolved, in part, outofthe limited successof "magnet schools" and the declining levels offunding forprivate and parochial schools. The Republican Party has elevated this issue into prominence over the past years, claiming that it is aremedy for the problems thatcurrently exist in public education. Theoretically, the notion of"school choice isa laudable objective. The idea ofa school system in which a parent couldselectfrom an array ofcurriculato suittheirindividual needs would seem attractive to any parent concerned about die present state of eduction. Additionally, suchanotionwouldfit wellwithin the conceptofa freemarket.'' Betterteachers would be compensated at higher salaries, thereby providing an incentive to all teachers to enhance their skills. The enhanced skills ofthe teachers would subsequently be imparted to students. Notwithstanding the merits ofthe "school choice" concept, its negative attributes outweigh itspositive attributes. First, the magnet schoolpremise is questionable in and ofitself. The ideaofmagnet schools is to develop such areputable schoolcurriculum so as to attract the bestandbrightestteachers andstudents. The very problemwiththis notion is the fact that it has alimited measureofsuccess. Incommunities wherethe educationallevel ofall studentsrequire improvement, only a selectfew benefitfrom' 'magnet schools.'' ThesecondandmorecompeUingreasontodisapproveofthenotionofschoolchoice ...Choice, continuedonpage 9 DEBATE HIGHLIGHTS AT A GLANCE g/LL- X&s€sf Correction In the last issue ofThe Opinion. DeanHeadrick was mistakenly referred to as Dean Hendrick. October 13,1992 The Opinion 5 �UB Law Policy on Hate Speech Generally Misunderstood by Natalie A. Lesh, Features Editor Since its enactment in the Fall of 1987, the "Faculty Statement Regarding IntellectualFreedom, Tolerance, and Prohibited Harassment' ' (Faculty Statement) has been the subject ofwidespreaddiscussion, controversy andmisunderstanding. The circumstances which surrounded the adoption of the Faculty Statement are central to any fairanalysis ofit. Unfortunately, however, this context, inextricably bound to the very meaning and purpose ofthe Faculty Statement, has been largely ignored. During the Spring semester of 1987, several anonymous notes were left inthe mailboxes of some female law students. The language ofthe notes varied, but the subject matter was common- namely, explicit antifeminist and anti-gay sentiment. Someofthe notes included direct personal threats against their targets. Onewomanreceived, along with anote,asmall, stuffedteddy bearwith its head ripped offand red nail polish dribbled in the neckarea. Another woman's note was accompanied bypieces ofdog excrement, wrapped in foil. That same woman's car tires werelater slashed in the school parking lot. In addition to the notes, several acts of graffitiwerefound throughout thelaw school: in a stall in the men's bathroom, on desks, on aroll-down movie screen in one ofthe classroom,andnextto paytelephones. The graffiti contained racially derogatory, anti-feminist andanti-gay comments. These matters wereallreported to universitysecurity personnelby thenDeanWade Newhouse. The investigation, however, failed to discoverthe identity ofany ofthe perpetrators. OnMay 15,1987,attheregular,monthly meeting oftheLaw School Faculty, arecommendation was made from thefloor to havethe first-year orientationcommittee focus on the issue ofhow to discourage the recurrence of such acts. A committee of volunteers was formed to draft a statement which,according to the minutes of that meeting, was for the puiposeof''condernningthisharassmentand the attitudes giving rise to it and making clear the law school's intention topursue all appropriate sanctions against students found to be responsible for such acts in the future." On October 2, 1987, the Faculty unanimously adopted the Faculty Statement. (See box) Criticismofthe Faculty Statementfrom both studentsand the mediawas immediate. A commentary appeared inthe Washington Post in April, 1988 denouncing the Faculty Statement as an unconstitutional priorrestraint on freedom ofspeech. It concluded that, "[t]he First Amendment has been suspended by the law school faculty of a public university." Further, an attorney from the New YorkCivil Liberties Union, who, not coinc identally isan alumnus ofUBLaw, joinedin the fray, claiming that,''The faculty oftheLaw School went overboard. Anyone has aright to be a fool and be nasty, sexist orracist. Free speech means wehave to put up with these things." Two malelaw students, members ofthe UB Law Federalist Society, commenced an action in federal court against the Law School on the basisofthe promulgationoftheFaculty Statement. They alleged, among otherthings, that the Faculty Statement violated law students' FirstAmendment guaranteeoffreedom ofexpression. The lawsuit was eventually dismissed. The passage oftime has significantly cooled emotions withregard to theissue ofthe constitutionality and desirability ofthe Faculty Statement. Itremains, though, a favorite target ofthose whocriticize UB Law as too liberal.'' And, everynowand then, the issue is thrust to the forefront of the law school agenda. The Faculty Statement continues, however, deliberately and otherwise, to be misread and misunderstood. Professor WadeNewhousebelieves that the crucial aspect of the Faculty Statement is The Opinion 6 the distinction it draws between speech and conduct. Theimportanceofsuchadistinction is clear from the very context in which the Faculty Statement was created. Acts which constitute harassment, intimidationorassault, such as those which tookplace in the Spring of 1987, are subject to an array of sanctions, intolerant speech, on theotherhand, does not subjectthespeakertothosesanctions. Rather, such speech will be swiftly and openly condemnedby thefaculty. Due totheoverwhelming response given the Faculty Statement, Professor Newhouse realized thatperhaps the distinction between speech and conduct was not as clear as intended. In September, 1989, he sent three proposed amendments to the Faculty Statement to David Filvaroff, who had recently been namedDeanoftheLawSchool. Theproposed amendments were givena negativereception from theDean's office. Newhouse decidednot to force the issue, given his status as the Dean under whom the Faculty Statement was adopted. Moreover, he thoughtitmore appropriate to avoid "giving even the slightest appearance ofinterfering withthe administration ofthe new Dean.'' Theproposedamendments weredrafted inorder to emphasize the distinction between intolerantspeech and conduct, withrespect to howbothare to be treated. The firstproposed amendment wouldhave substituted thewords ' 'disapproval in theform ofexpression" forthe wordcondemnation "in the third paragraph of the Faculty Statement. Put simply, this amendment would have clarified that ill-received speech wouldbe met with speech. Thesecondproposedamendmentwould have added asentenceto the fourthparagraph, indicating thatthe " recent ac ts" referred to in thefirstsentencewerethosewhich occurred in theSpringofl9B7. The Opinion EditorialBoard announces "CROSSFIRE, "anew feature to appear in each issue. CROSSFIRE will be a debate format open to all members ofthe law school community on atopic selected by theEditorial Board and to beannounced in advanceofeach issue. CROSSFIRE Topic For the October 27 Issue: Should New Yorkreinstate the death penalty? The final proposed amendment would have inserted headings into the Faculty Statement, thereby explicitly identifying its separate parts. Paragraphs oneand two wouldfall underIntroduction,'' paragraph threeunder "Expression Will Be Rebutted By Expression,"andparagraphsfourandfiveunder' 'Conduct WillBe Met With Sanctions.'' For some, even this clarification ofthe intent ofthe Faculty Statement will be criticized as insufficient to overcome its unconstitutional nature. It is obvious to anyone whohas studied theFirstAmendment, howeverbriefly, thatits guarantees are not absolute. The extent ofa person' s freedomofexpression haslong been held by the United States Supreme Courtto be dependent upon thetime, place and mannerof such expression. Expression may be especially tempered in the context ofschools and universities. Thereare,ofcourse,otherrestrictions on the freedom of speech, for example, that expressionwhichis characterized as " fighting words." But this analysis is irrelevant. The Faculty Statement does not restrict student speech on any level. Rather, it asserts that certain speech is inappropriate and irresponsible for those embarking upon a legal career, Faculty Statement Every intellectual community worthy ofthe name thrives on sharp and heated controversy- on the free andfull expression ofopposing ideasand values; onimpassioned arguments for, and equallypassionate arguments against. Given the particular professional skillsrequired for the practice of law, law schools, including this one, especially prizeand encourage such unencumbered give-and-take, the more lively and uninhibited the better. Because boththe common law and twocenturies ofConstitutional tradition have long given American lawyers a special role in assuring fairness and securing equal treatmentto all people, our intellectual community also shares values thatgo beyond a mere standardized commitment to open and unrestrained debate. We support the particular values shaped by the special traditions and responsibilities ofthe legal community to which all of us- students and faculty alike- belong. Any and all expressions ofbigotry,prejudice and discriminationare abhorrent to thesetraditions; they notonly detractfromthe personutteringthem, butreflect poorly upon theprofession as a whole. By enteringlaw school, andjoining this legal community, eachstudent'sabsolute rightto liberty ofspeechmustalso become tempered inits exercise, by theresponsibility topromote equality and justice. Therefore, it should be understood thatremarks directed atanother's race, sex, religion, national origin, age, or sexual prefcence will be illreceived, or thatracist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as otherremarks based on prejudice and group stereotype, will generatecritical responsesand swift, opencondemnation by thefaculty, wherever and howeverthey occur. We note with dismay recentacts ofharassment, intimidation,and assault against persons ofcolor and other groups which have taken place on campuses around the country, and whichhave often gonefar beyond the bounds ofconstitutionally protected speech. Concern regarding such inappropriate and often outrageous behavior compels the faculty to add a clear and specific warning concerning any such acts that may occur in this school. It isthe policy ofthis law school to take strong and immediate steps against any and all such behavior. The means ofdoing so willalways be informed by the faculty's strong commitment to the requirements ofdue process but will not be limited solely to the use ofordinary university disciplinaryprocedures. Where such acts indicate that astudent may lack sufficient moral character to beadmitted to the practice o flaw, the school can and will make appropriate communications to the character and fitness committees of any bar to which such a student applies, including, where appropriate, itsconclusion thatthe student should notbeadmitted to practice law. In addition, in appropriate cases, the school will not hesitate to act upon its legal and ethical duty to notify state and federal law enforcement authorities ofsuch acts, and to cooperate withthose authorities in their investigation and prosecution. Although the faculty isprepared to exercise such sanctions, wehopeand expect thatthe occasion to do so willnotarise. Thus, we expect thatstudents will accept, and act in accordance with,the moral obligations ofthe profession and this community and honor the traditions offairness and respect for others thatsustain the legal profession and inform the culture ofthis law school. October 14,1992 andrefleets poorlyupon both that speakerand the law school community as a whole. The Faculty Statement illustrates the faculty's strong beliefthatany such speaker should be directly confronted with''critical responses.'' Speech is thereforneitherrestricted norchilled; instead, the speakeris merely guaranteed that the faculty will exercise its equally strong right offreedom ofexpression. The Faculty Statement will silence only those who are unwilling orafraid to accept anopen challenge to theirown speech. The Faculty Statement does not define exactly what conduct may give rise to the application ofone ormore ofthelisted sanctions. This absence has led to the charge that conductwhich is' 'expression and therefore protected by the First Amendment may be improperly punished under theFaculty Statement. Any good faith reading oftheFaculty Statementdispelsthis fear, however- the types ofactsreferred to are those which occurred in theSpringofl9B7,noneofwhichcanrationally orreasonably be classifiedas modes of' 'expression." A situation may wellarise in which the conduct inquestion is arguably expression.'' The Faculty Statement gives no indication that such conduct will not be protected but instead will be blindly punished. To assert otherwise is to infer malevolent intent on the part ofthe faculty in promulgating the Statement. There is no basis in fact for such an assertion. Newly appointed Dean Barry Boyerbelieves that some changes in theFaculty Statement may soon be necessary. He cites the tremendous number ofrecentcases involving First Amendment challenges to similarprovisions at other universities. Dean Boyer believes that since the law in this area is constantly beingrewritten, itwill takea concerted effort to determinethe precise bounds ofpolicieslike the one ineffect and UB Law. In fact, Dean Boyer assigned this task to aresearch assistant this summer. Dean Boyer, however, is quick to point out thatrevising the Faculty Statement is not on the top ofhis list. He claims that a more pressing problem exists: this summer the University codified its disciplinaryrules, and law students are currently subjectto this code. Although he is not awareo fany specific provisions which may be inappropriate to law students, Dean Boyer has asked Professor Reis, chair of the Law School Faculty/Students Relations Board, to look into any potential problems. Deanßoyerisespeciallyconcerned because oftheunique situation oflawstudents in having to secure admission to the Bar. He notes, however, that the University has indicated its willingness to negotiate changes in the codewiththe various professional schools. The Faculty Statement, therefore, is neither the final word on the subjectof discipline withregard to law students' speechand conduct, nor the perfect solution to intolerant behavior. It has been a stimulus to discussion ofthese issues, however, and will be in the future. Inordertoplayameaningfulpartinany discussion,though, theFaculty Statementmust be taken in context, read in its entirety, and fairly construed. At the very least, it was an exercise worthy ofthis minimallyrespectful treatment. �"The Roaming Photographer" byPaulRoalsvig, Photography Editor This week's question: What did you think of this past Sunday's televised presidential debate? JoeAntonecchia, 2L ' T thought Perot actually helped focus t ; debate onthe Republican record over the last 12years, especiallyregarding die decline in decent, well-paying jobs. I think his reemergence will ultimately help Clinton win nextmonth." Craigllannah,lL CharlesLiv, 3L RobKitson,lL ' T felt Clinton and Bush didn'treally gain any ground.Perotwashumoroitsbutmaybe not too effective. People still wonder on his seriousness as a candidate.'' "Bush sucked, Clinton wasalrightbut nothing to write home about, and Perot was ...too short!" ' 'Bush proved he's a better politician, unfortunately hepresented himselfbetter than the othertwo. I hope thiselection is notdecided by thisdebate.Ultimately allthreewere spouting pre-packaged concepts that show how devoid ofnew ideas any ofthem are.'' Ambassador Discusses Failed United Nations Negotiations on Biological Diversity by TracyDaleSammarco, StaffWriter Dr. Andras Vamos Goldman, the First Secretary of Congressional Relations to the Canadian Embassy inWashington, DC, was diekeynote speaker ofthe "Colloquium on International Law and Organizations: Focus on theEnvironment heldat O'Brian Hall on September 16. He focussed on the topic of international treaty negotiations at the U.N. Convention on Biological Diversity, held in Nairobi last year. According to the Canadian Ambassador, the conferencepresented participating nationswithaforum, to create a "wishlist" of goals andobjectivesrelating to bothbiological diversityandnaturalresourcemanagement. A concise document was to be drawn up based upon thislist. The problem with the convention, says Vamos Goldman, was thatitrepresented the ' 'lowest common denominator amongnations. Therange ofgoalsand issues being presentedby those nationswasmassive. Vamos Goldman said thatthe organizationalstrucrureofthe conferencewas such thatmuch splintering and fractional negotiating occurred where unity was the goal. Concerns ranged from artificial geneticmodification to traderelatedmatters. WhereNorthern nations mighthave focused onthepreservation ofbiological diversity,Southernnationspressed for autonomy incontrolling economic access to the same. Hesaid that,in general, developed nations felt thattherewasadanger in absolute sovereignty ofresource management for developing nations. The U.S. in particular, he said, did notwantto grantan unqualifiedright to sovereignty withinthe treaty. The fearwas that conservation wouldbelost in the shufile. Further complications were pre- sentedby languagebarriers, haggling overthe specific wording ofthe text and inadequate leadership. The speaker said that, in the end, thebulkoftheworkwasdonebysplintergroups who then presented finished articles to the conference in general for a vote. Apparently, full agreement on any section of die text was never made possible by the structure ofthe conference. This colloquiumwas the second ina seriesarrangedby Professor CatherineTinker andco-sponsored by ÜB's Environmentaland International Law Societies. The nextpresentation in the colloquium will be Jacqueline Dauchy, Esq. of the Legal Affairs, United Nations,New YorkOffice. The eventwill be heldinroom 109,O'BrianHall,onOctober 14, More information 1992 fromfour to sixp isavailable through ProfessorCatherine Tinker, extension6184, theInternational Law Society or theEnvironmental Law Society. .m.. The Opinion Deadline for next Issue Friday, October 23 Leave submissions in Box 223 or Box 61 I Local Lawyers DiscussThe Practice of Criminal Law byVitoA.Roman.iEditor-in-Chief Buffalo law studentslearned aboutdifferent aspects of criminal law practice this past Thursday when four local practitioners came to the law school to discuss their work. The career panel, sponsored by the Buffalo Chapter ofthe Women's Bar Association of New York State,CDO, and AWLS, isthe first in a series ofdiscussions which willfocus on different practiceareas oflaw. GingerSchroeder, the WBArepresentative coordinating the event, says the career panels are designed "to give law students a sense ofwhat it is like to practicelaw," since what they learn in classrooms isnot necessarily whatwillhelp them mostwhen they gointo practice. She chose to begin the series with a panel on criminal law because newlaw students always show a great interest in die area. Also, sincethereis a lot ofturnover in the area, '' itpresents agood place foryoung lawyers to get in." The four lawyers speaking on the panel eachpracticecriminallaw in differentcapacities,and eachcontributed something different to the discussion, whether itwasabout criminal law in general or abouthow to getwork in the field. Shiela DeTullio is the third highest ranking prosecutor with the Erie County Attorney's Office. Patrick Carney has been a Public Defender in Buffalo City Courtfor ten years. Julie Dee and John Elmore are both private practitioners specializing in criminal matters, but each came into the field differCrime, continuedon nextpage nvest In Your Future Mark G. Farrell, UB Law School Class of '72, has been elected president ofthe University at Buffalo Law AlumniAssociation for 1992-93. Farrell is the managing partner in theBuffalo law firm ofFarrell & Quackenbush. He isalso the chairperson oftheTown ofAmherst Board of 1 -thics, chairperson ofthe Medical MalpracticeCommitteeofthe International Association ofDefense Counsel, Director ofthe Western New York Defense Trial Lawyers, a certified advocacy instructor for the National Institute ofTrial Advocacy, and a member ofthe UB Steering Committee forthe World University Games. [B[|| M. Insurance MwKwMwl � Networking Opportunities Jk. Help Building Your Career S9I Jk. Publications to Help You Study 111111iKiLßlil IP for trie Bar Exam For More Information Contact: diM New York State Bar Association, Membership Services Department One Elk Street, Albany, NY 12207 Phone: 518-463-3200 Fax: 518-487-5579 Bfci I ■■■I NYSBA October 14,1992 The Opinion 7 �THE PRESIDENTS REPORT by William F. Trezevant, SBA President As you may know, the committee appointments to Faculty/Student committees havebeenreopened. Afteravotetoapprovethe committee appointmentsby the S.B.A. Board ofDirectors, some studentsexpressed concern over theamountofnoticethat wasgiven tothe studentbody. Inanefforttoberesponsivetothe student body, it was decided that the best approach was to start all over, as the cure for democracy, both procedurally and substantively, ismore democracy. I understand that this may nave caused concern among those students whohad previouslyreceived appointment letters, however, in the interest of an inclusive Student Bar Association organization,this subsequent step is best inthelong run. I apologize forany inconvience and am available to answer all questions or concerns at eitherthe S.B.A. officeormyhome, 896-0941. Vice Presidential Election The next very important item on the agenda isthe Vice-presidential election. Just in case you did not know, the petitions are available outside the S.B.A. officeonthe first floor. Asareminder.acandidate must obtain at least 10% ofthe student body signatures whichworks outtoeighty(80). Allcandidates are strongly encouraged to obtainmore inorder to be safe. The importantdates forthis election are as follows: PetitionsDue October 14, 1992 at5:00 pm Candidate Statements for The Opinion 0ct0ber23,1992,Rm724 Candidate Forum TBA Elections October2B& 29 outsideLibrary Eighty signatures from the entire studentbody is nota great dealforthe opportunity continued, "but not scientists." The same ...Scientist goesfor education, he says. Chinasuffers one continuedfrom page 1 torun and contribute to afree marketplace of cess, freethinking. ProfessorLizhi's writings, ofthe world' shighest illiteracy rates, andthis ideas, regardless of year. And HELL, even Ross Perot thinks he can be Boss for the next four years. Asa final note,I wouldlike to extend my personal andprofessional thanksandappreciationfor the workFormer Vice-PresidentHank Nowakperformedoverthe summerand intothe schc>olyearbeforehisunfortunateaccident I wish youmy best Hank. S.B.A. Party!!! Yes, itishere, the next S.B.A. party!!! Wewill beholding itonThursday,October 15, 1992 at S.B.A. Class Director Michael Radjavitch's humble abode (573 Linwood Street). It promises to be quite an event. However, in an effort to improve a recent S.B.A. oversight, we will be instituting a "Buddy System" in an effort to address the issue ofpossible drunkdrivingto the ex tentthat even it occurs. We, underno circumstances, wantany ofour colleagues to find themselves in undesirable circumstances. Thus we will have anew and permanent procedure inplace by Thursday. I want to thank all ofyou in advance for your cooperation. Additionally, thismeans thateveryone whocomes will have either a ride home or aplace to stay. Socome, mix,mingle,relax andnetwork. Anyone who is willingto serveas a designateddriverplease contactme inthe S.B.A. office, box #262, orat homeB96-0941. OtherBusiness... I am finally pleased to report that the hard work which Phi Alpha Delta has been doing is soon to pay offwith this year's Law Student Directory. Any suggestions, comments or information should be directed to Saultan Baptiste, Box #611. Wellforno w,as they say onthemorning radio, "Stickmewithafork'causelam done." Newest Law School Group Sings it Up byßobGormley Spurred on by an influx of enthusiastic 1Ls, the UB Law School's Karaoke Club broughtthehouse downlast Friday nightat the Stuffed Mushroom. Shamelessly crooning until the wee hours, the group(includingthis humblereporter) didtheirbestto stretchthe definitionofwordslike"harmony" and "rhythm" tofittheircacophonous efforts. What was lacking in smooth tonal quality, however, was more than made up for with volumeand passion. Spearheaded by spiritualleader and musical guru,Mo "OF Brown Eyes" Juliao, thelyricallaw studentsprovided highlights aplenty. Theraucous crowd waswhistlingand stompingtheirapproval duringarendition of 'TheGambler'' when sung by Moand the unflappable Dave Nemeroff Molaterreturned tothe stage with Chip Russell to snap out aneat versionof"Mack theKnife." Afterhearing these guyssing, theaudiencecouldonty ask itself,' 'What the heck are these guys doing in law school?". Billingthemselves asthe' 'Legal Eagles,'' the entire group performedaleg-kicking and show-stoppingrenditionof' 'New York,New York.'' FirstyearKaren Judd, wholed cheers and dancedenergeticallyall nightlong, allegedly assisted in choreographing this eye-popping number. Fortheiecord,uiereisnotnithtothepersistentrumorthatMs.Judd was dancing onthe tablesat any timeduringthe evening. (Anyone having informationabout any otherrumors concerning Ms. Juddcan deposit kin Box 109). Another memorable moment occurred when an all-malecontingent —theLegal Briefs"— belted out their version of "Like a Virgin." While not nearly as racy as Madorina'svkk»,itinayweUbeenoughtokeepanyoftliecroonersofftheSupremeCoijrt C'estla vie. ThrouglK)uttheevenmg,twoveteran3Ls,JemuferKracherandmyself,dMow ...Crooning,continuedonpagell Bridget's Blotter There hasbeen alot going on around the SBA these days. HankNowak has now officialry esigned as the SBA Vice President, and we will be holding an election to replace him on Wednesday and Thursday, October2Bth and 29th. Please come out and vote. We will be having an SBA party this Thursday, the 15th, at Michael Radjavitch's house at 573 Linwood Avenue in Buffalo. There will bea $3.00 cover charge, and all of the proceeds will be donated to the Seneca NationEducation Fund. It'sfor agood cause, sotearyourselvesaway fromO'BrianHalland come out for some good old-fashioned drinking. There will be lots ofbeer! Paul Beyer, a first-year class director, asked that I mention something about the Research andWriting Program to help alleviatefirst-yearconcernoverit You mayfeel like you are wasting your time this semester listenting to whatseems morelike poetry than research and writing instruction. The second 8 The Opinion October 14,1992 in fact, were constantly attacked as being "idealist and' 'materialistic because they failed to conform to Marxist teachings. Even the reform minded government thatarose in China duringtheeighties refused to acceptthe freethinking generatedby scien- "Chinese authorities like science, but not scientists.** ProfessorFang Lizhi layman magazine problem, politicians knowledge. quantum popular government cosmology, complain cosmology liberating magazine, commented, although disagreed. high science," ranking arresearch. officer the tific studied never ticle"Chinese on in in the Professor afear to When the authorities Lizhi Professor wrote that he like effects for a Lizhi to the the wrotean Editorof ofscienChinese he is The that had he tificresearch. WhenProfessor Lizhi wrotean article on quantum cosmology forthe Chinese layman in a popular magazine, a highranking officerinthe governmentwrotetotheEditorof the magazineto complain thatalthough hehad never studied cosmology, he disagreed. The problem,Professor Lizhi commented, isthat politicians fearthe liberating effects ofscientificknowledge. "Chinese authorities like science," he ...Crime continuedfrompreviouspage ently. Ms.Dee startedpracticing criminallaw in the private sectorupon graduatingfrom UB Law, whileMr. Elmorewasaprosecutor inthe Manhattan DA's office and in the NY State Attorney General's office in Buffalo before putting outhis own shingle. While each attorney addressed the careerpanel topicfromtheiruniqueperspective, theyalsoshared some viewsabout thepractice ofcriminallaw. Forexample, theyall agreed thatcriminallaw is notforthe bookish type, but rather for that type ofindividual unafraid to speak up, and that the litigation experiences obtained in criminal practice help make any attorney moremarketable. Ms. Detuilho.the only prosecutorin the group,calls her work " fun and exciting and says she hasnever dreadedcoming in to work during her twelve years at the DA's office. What she enjoys most about the job is thatit continually gives her that opportunity to use herjudgment. ''DA' s," she says,' 'have tremendousresponsibilities," but, inthe endyou '' feelyou have helped somebody.'' Shetries, forexample, to use theplea bargaining process in a " socially beneficialmanner,'' and admits that' 'the hardest part ofher jobismaking the judgments of what to let go,plea, or take to trial." Forthisvery reason, she explained, her officelooks forwell-rounded candidates,usuallywith some work experience, who exhibit ahigh degree ofcommon-sense,and possess strong communications skills. Asa public defender, Mr. Carneyrealizes that the public generally does not have highregard forhis work, sincetheyoften see it as merely helping keep criminals on the street. In fact, he says, ifit was not for the constitutional mandate to provide defensefor the indigent, his office would get no public funds. semester, however, is very beneficial, and I found that I spent the majority ofmy time workingon ResearchandWriting assignments. So, try not to fall asleep, and don't worry, because it does improve, and you will find yourselves staying up very late working on little Research and Writing projects next semester. In lieu of any interesting gossip, other than that I was an eyewitness last week to a certain former Dean and a Legal Profession professorjimmying locks on the fourth floor. I'llgiveyouallalittleconsumeradvice. Ifyou haven't gotten a copy ofyour TRW Credit Report within the last year, call 1-800-392-1122 to receive a complementary copy. You may find itvery interesting. Lastly, yes it'strue,Professor Schlegel ismoonlightingasacovermodel. Takealook at this year's law school application packet. fact, claims the professor, helps the governmentmaintainitsholdoverthe population. He believes that it isapartofhuman natureto want choice, butthatwithouteducation, people are unaware ofthose choices. Inresponse to a questionfrom theaudienceaboutwhetherthe democratic movement in democracy is occurring only among the intellectuals, hesaid thatthe farmers,amongst whom helivedwhile exiled internally during the cultural revolution, want choices too. However, since farmers have limited educations, they only have a limited idea of free choice. Professor Lizhi hopes that this will someday change. ProfessorLizhi'sspeechwassponsored by the June 4 Memorial Fund, a non-profit organizationfounded by Chinese and American students in the WesternNew Yorkarea to promote the democracy and human rights movementin China, to provide humanitarian assistance to activists working onthose goals inChina, and to educate thepublic onthe issue. Nevertheless,he sayshe works withoneofthe best group oflawyers in the state, partly because so many ofthe lawyers he works with have been with the office so longi Trial lawyers, he continued, have to thinkon theirfeet.In fact, Mr. Carney advised that those in theaudience considering criminal defense workrealistically assess themselves before committing themselves to suchacareer because "ifyoucan'tstandin frontofahundred peoplethat you don' tknowand speakabouta subjectthatmaybe youhavenoknowledgeof, yourgoingnowhere. Don'tkidyourselves." Furthermore, he continued, criminal defense lawyers have to "have the stomach for the people they defend," people they wouldn't usuallyassociate with, and which,as apubhe defender, are simplyassignedto them. "You're not throwing out your back in this type of work,hereminded everyone,"but itis hard." Ms. Dee, in turn, spoke mainly about how shebrokeinto thefield, and offeredsimilar suggestionsto students. When she graduated from UB ten years agothe market forlawyers wastight,justasitisnow. She cameupon her job, she says, by chance, and started doingthe office criminalwork, mostly trafficticketsand DWI cases in the night courts in Buffalo's outlying town courts, because the older partnersdidn'twantto be bothered withit. As she became more confident, the trial work become more complex. Today Ms. Dee isa partner in the firm and mainly does litigation. Aboutthis typeof work, she says"youhave to workat it,doyour own research, write your own arguments.'' These all are time consuming, she says, but "criminallawisnotforthefainthearted." She suggested thatthose looking to break into the fieldvolunteer time as students with firms, the DA'sorthePublfcDefender'soffice. Forthose already graduating, she suggestedtheassigned counsel program, whichpays little but offersa young attorney the opportunity to get in court. John Elmore, who is now in private practice but had formerly been aprosecutor, discussed the differencesbetween a prosecutorand a defenselawyer, as wellas the major practical considerationofpracticing criminal lawprivatery,ie.,money. Therole ofprosecutors, he said, is to seekjustice. The criminal defense lawyer, however, has to defend his clientvigorouslyregardlessof guilt. As such, inprivate practice itisimportantforthelawyer tounderstandjusthow much timehewillhave to devote to a case, and charge accordingly. " Most defendants can'tafford tokeep you in court long," he says, so he prefers to make money negotiatingpleas. Early in his practice, he sometimes relied onthe wordofdefendants who promised to pay himin installments, but never did. He has since learned otherwise,and now says he simply "hates itwhenhe gets stiffed." Now healso understands how importantalawyers reputation is inprivate practice, sincelawyers wholose cases get few referrals. �have sufficed to prosecute all the policeofficers,thusmakingMr. King' sappearance on his own behalfa waste oftime is exactly that, a ...Letters, continuedfrompage 4 Los Angeles freeway,'' therewouldbeanarchy on ourhighways. The nexthalf-truth setforth by the media,wasa conspiratorial theory thatthe officers were tried in front of an all white jury outside ofL. A. proper in order for themto be acquittedby the inherentlyracistpopulationof SimiValley,aconservative middle classwhite enclavewhere many police officers reside. In this case, a change ofvenue wasgranted atthe discretion of the trial judge because of the constitutional requirement thatthejury be fair and impartial. After arduous and extensive VoirDire, this task proved impossible. Even the prosecution acquiesced that a change of venue wasthe onlyavenueremaining to insure that the case would not be a kangaroo court. The central flaw in the prosecution's case which led to the acquittal ofthe officers was not the change of venue, as the media-hog ReverendJesseJackson wouldhave theAmerican public believe, but the fact that Mr. King himselfdid not take the stand to confront the officersand favorably impress thejury thathe wasan innocent andrandom victimofpolice brutality. Theprosecutorandthemediaevaded explaining the curious absence of Mr. King from the courtroom. Thereal reason whyMr. King did not take the stand is evidentiary in nature. Hisreckless conduct and wanton disregard for the police orders endangering the lives of himself, his passengers, the police officers,andotherdriversontheroadwouldbe heavily scrutinized undercross examination; moreover, any prior bad acts he committed which would goto hisveracityand truthfulness as awitness would beshed in frontofthe jury. Thejury wouldprobably not be told exactly whatoffenses and crimesKing had been convicted of, butwouldhear ananesthetized version underthe balancing testofprobative value v.prejudicial effect ThatwouldbeClalifornia's version ofNew York' sSandovalhearing. The argumentthat 30 seconds ofvideotape should waste oftime. The death toll from the L.A. riots was higherthan Newark, Watts, Detroit,Chicago orany otherriot in AmericanHistory. Allofthe deathand property damage wasagreattragedy. Weall watched ont.v. as thousandsofKorean merchants watched cverything they savedand worked for go up in smoke. Like the Jewish merchantsofthe 1950sand 1960sinL.A.,the Koreans wereabandoned by the police commissionerand were forced to fend for themselves against a livid mob that scapegoated themfortheireconomichardships. Theseare theKoreans who came to America penniless, like theEastern European and Chinese immigrants two generationshitherto, carrying with them the hope and the dreamofmaking it in America, ofpersonifying Horatio Alger's tale ofrags to riches. These are the Koreans who foreswore theirancientpolytheisticreligions and converted to Protestantism and Catholicism to assimilate. These are the Korean small business people from the fruit store owner in BrightonBeach Brooklyn tothe shoemaker in Poughkeepsie tothe florist on Market Street in Philadelphia to the restauranteur in Manchester, NewHampshire who workenduringfifteen hourdays,withblood,toil, tears, and sweat, to keep themselves offthe dole and providetheirchildrenwithabrightfuture inthe professions and strong family values topass on to the next generation. I salutethe Korean boy inLos Angeles whotookuparms toprotecthis father'sstorefromlooters. I salutethe Korean woman who stood infrontoftheshatteredglass oflierransacked grocery storeandyelled "this is America, go away!'' She risked her life to protect whatwas leftofher world. To the leftists and self-haters of the NationalLawyers Guildand the criticallegal studiesacademicians who viewthe American judicial systemas a vehicleofoppression perse through the blinders of their immutable agenda, no explanationregarding the Rodney \\ V« York. NY 10056 (212) 719-0200 (800) 201 625 5363(205)724-5910 MI. (212) 719-1421 . , by W. F. Trezevant, StaffWriter After500hundredyears, thewindhas finallyleftChristopherColumbus'ssails. The ' 'Great Discoverer" ofthe Americashas tied his lonely andtired ship to thedock oftruth. In an age when weas anation are looking inward, reassessing where we've come from, what we've done,and wherewe needtogoduringthis time ofchange, perhaps we might begin with the legacy leftby the manwhom so many ofus still honoras great. While some among us extoll the benefits of progress, industrialization and achievement, for the majority ofthe people who used to populate the Americas, and now makeup the underclass inthe United States we can only extollfive hundredyears ofoppression, slavery, exploitationand inhumanity at the hands ofour "brothers". We only seethedecades ofstruggle againstthelawswhich past law students,much like ourselves, draftedand approved. We see thelong story ofthe fives lost in this seemingly eternalstruggle forwhatisuniformily consideredbasic. Whatlessonare weto drawfrom this anniversary? Ithinktwo. I'msureallofuscan easily intellecrualize the first lesson that Chistopher's behavior is the anti-thesis for future worldparticipation, particularly inlight ofourrole in the' 'New World Order. The second lesson is somewhat King verdictcan beaccepted except thatitwas racist. Mr. Kehrer eschews that dogma and shines throughthecongenitalabyssofthoughtless conformity, as a beacon ofhope thatthe myriad socio-economic problems and disparities in America can beresolved equitably vis- 9" SX THE PASSWORD: IfOOßrradwiy Of Life, Law and Christopher Columbus \ ,cflT- »V\°*, \ A THE PASSWORD: iirsTioo,* (2.2)7.9-0200(800)472-8899 ' 1 ,s DavidLask,3L \ ,*» 20 h* Tlmia, telle 9)I lsooairoHw«y *w York. NY. 10036 \ t0.!... HA 02116 (617) 695-9955 (800) 866-7277 (»01)625-5565(203)724-3910 FAX; (617)695-9586 <IW) 719-0200 (800) 472-8899 %*«* \ "* Atfi a-vistherule oflaw, and a quest forthe highest American standards offairness in dispersing justice,notthe mightofa mob orthe overthrow ofourconstitutionalformofgovernment. THE PASSWORD: \\ \\ tougheras itrequires each ofus to examine our ownactions, opinionsandperhaps beliefs. As a startingpoint for your personal discussion, youmightask whetheror notyou were upset, outraged or non-commital over the recent murderofa youth by a Buffalo Police officer who's gunalledgedly dischargedinto the head oftheyouth fatally wounding himashe opened the doorofhis car? Was this a simplemistake, misshap, orhighly likely given the way today's youth rampage through the streets? Did he deserve it? Did he deserve it based on his melanin count? Andhow do we factor in the Rodney King experience? We, as a community, have been so outraged in the past over "wrongs'' whichhave occurred to ourfellow students, so why aren't we likewise outraged when a "wrong" occurs to our fellow community member? These, I hope, are questions which we willatleast attempt to answerindividually ifnotcollectively. Life is so fleeting, ourtime heresoshort,andthetommorrowsbeforeusso plentiful. There ismuch wecan all gainfrom interaction with each other. Much can be passed onbeforeweleave this earth. Andyet, weremain forever embroiled in the battles of yester yearoverbasic issues ofdignity,excellence, compassion, andhope. I remain optimistic onthisanniversary, and I you are too. \ <2.2) 7.9.421 \ \ \ V>RD: \\ , \ V "* 6 ST«moiSo 8899 1 s^tm*' ' 86b W 800, 727^ TAX: (2.2) 719-1421 October 14,1992 The Opinion 9 �From the Balcony Seats byBob Garnsey ofimpending doom, ofan all-consuming evil force(spelled B-O-B)beneath the gende veneerofthe town that, aseven Laura seems to know from the start, will eventually take her life. However, the film is long, dragging out the Laura Palmer deathwatch to the pointofboredom. Therewereat leastthreetimes when I thought itwasfinally going to end, butit justkept going and going, like the Energizer bunny. What is more, the latter part ofthe film has none ofthe quirky humor and oddball characters that made the beginning ofthe movieand the TV show so interesting. Infact,mostofthenotableweirdos from the series-the Log Lady, Nadine (she of the eye patchand obsession with curtainrunners), and Pete Martell, to name a few- are absenthere. IwouldalsoaddthatMoiraKelfy, asLaura's best friendDonna, isa poor substitute forLara Flynn Boyle. Had Lynch giventhis movie more balance, making ita good deal shorter while countering itsdarkerthemeswiththe offbeat, playful tone of the opening sequence, this mighthave been avery good film. But as itis, it's more like two movies, and the results are predictably mediocre. A major disappoint- nightmarish underbelly ofTwinPeaks, focusing onthe days and nights leading up to the murder ofLaura Palmer (now that everyone knows whothekiller is, ofcourse). Unfortunately, "Twin Peaks" is a schizophrenic film thatachieves very mixed results. Thefirsthalfhourholdsgreatpromise, highlightedby an excellentperformance from Chris Isaak as Special Agent ChetDesmond, and ahilarious cameo by Lynch himselfas the hearing-impaired FBI Chief Gordon Cole. Filled with memorable images and the sort of dementedhumorthat enlivened the TV show, notto mention some wonderfully odd dream Before itdegenerated intokooky cosmic sequences, this part of the film makes the camp and terminal silliness, David Lynch's viewerhungry formore. But then this promis"Twin Peaks" was one ofthe most novel, ing storyline comes to an abrupt halt, and the original, and fascinating series ever seen on scene shifts to the Town ofTwin Peaks. The television. Now, nearly two years after the film goes straightdownhill from there. show was mercifully put to death, Lynch's Therestofthe movie follows Laura cinematic vision of the fictional Northwest Palmer (Shery 1 Lee) ona slow,painful descent town has been released in theform of"Twin into decadence and degradation thatwill end Peaks: Fire Walk WithMe.'' inher brutal murderat the hands o fher father, Fans ofLynch' s work willno doubt chillingly portrayed by Ray Wise. As the recognize some familiar themes: the bizarre, doomed homecoming queen, Lee doesa fine grotesque, outlandish dreamimagery,and the jobofconveying die helplessness and terrorof dark,twisted undercurrents ofsmall-town life. a young girl caught in a web ofincest, drug ment. Freed from the limitations oftelevision, Lynch abuse, and forced prostitution. Indeed, the uses the film to delve more deeply into the mosteffectivepartofthe film isits deep sense ...Schools stead goto wealthy children whose ownpublic school systems in the suburbs generally reis its inherent unfairness and discriminatory ceive twice the funding of their inner-city effect. Generally, "school choice," as procounterparts. Additionally, thereisalready a posed by the President and the Republican constitutionalprovision whichprohibits using party would be funded by taxrevenues. Howpublic funding to pay forreligious instruction. ever, thispublic funding will be dispersednot Theproposed funding mechanism for only to public schools, for which it was in"school choice" is a one thousand dollar tended, but toprivateand parochial schools as voucher. Irecentiy asked a friend how much he well. paid to go to aprivate high school. He stated There isfundamental inequity in the that two yearsago hisprivate schoo 1costswere notion thatfunds intended to educate children in excess offour thousand dollars for tuition. attending the public school system may in- FOURTHOUSAND DOLLARS- solely for continuedfrom page 5 ...Abortion to outlawabortion. Two years latertheLegislature adopted a new anti-abortion law and incorporatedmuchofthedoctors' resolution in it. Abortion was made illegal regardless of whetherthe fetus had quickened or not. The common law case cited by Justice Blackman in Roe v. Wade shows how the quickening doctrine was invoked in a 1858 New Jersey case. (State v. Murphy) Interestingly, there is an 1850 case that came out of Pennsylvania that wasalso decided under the common law but not cited by the Supreme continuedfrompage 5 Itisvery wrong,however, to conclude thatthis is the only interpretation ofhistory that the Court could have subscribed to. There is a strong body of evidence that suggests that many ofthelawspassed inthe 19thcentury that proscribed abortion were passed for the explicit goal ofprotecting pre-quickened fetal life. Very little wasknown about thebiolog icalaspects ofreproduction during this period ofAmerican history. PriortothelB2o's,itwas felt bylaypeople andmedical people alikethat the male sperm contained aminiature person whichimbedded itselfinthe womband slowly grew to fruition. Itwasnotknownifthebaby wasalive until the mother could feel it move insideher. Thusthequickeningdoctrinedevelopedasamethodofproof. Before quickening therewasno proofoflife, sonobody could be punished for harming thepre-quickened fetus. Viewed is this light it is obvious that the quickening doctrine did not pass judgment uponwhenlife began, butratherwasapractical way ofproving acrime had been committed. In thelate 1820's, the mammalianovum was first discovered. This embryological breakthrough dramatically altered the positionofmany peopleonthetopic ofabortion. For the first time, there was medicalproof for the proposition that life begins at conception. For many, this new discovery lead to the conclusion that when the spermand the egg unitethere is a new inviable life that deserves the full protection ofthe criminal law. In the United States themedicalprofession lead the anti-abortion charge. Horatio Storer, a Boston physician, lead the AMA's assault on abortion. His book on criminal abortionwas among die first''pro-life' 'books written. In 1867, in New York, doctorsunitedand sent an anti-abortion resolution to the New YorkStateLegislature. Theresolution stressed dieneed to protect fetallife as the chiefreason 10 The Opinion October 14,1992 INTERNATIONAL MOOT COURT BOARD ISVERY PROUDTOANNOUNCE THEN EWEST ASSOCIATE MEMBERS OFTHE BOARD: JEFFREYBAASE CHRISTABOWDEN BRIDGETTECULLEN JACQUELINEJONES STEPHEN LAYDEN SARAHPHJLLIPS MARCREMMLING LOISRUBIN ALESSANDRA ZORGNIOTTI ASWELLASTHEI992JESSUP INTERNATIONALMOOTCOURT TEAM: JEFFREY BAASE CHRISTABOWDEN SARAHPHTLLIPS MARCREMMLING ALESSANDRA ZORGNIOTTI CONGRATULATIONS AND GOODLUCK! tuition. Howmuch utility willaonethousand dollarschool voucher have for families barely able to make ends meet? This voucher will simply help thatportion o fthepublic that falls just short ofthe ability to afford privateand parochial schools. Suffice it to say that this does not apply to most inner-city families. Thus, there lies the inequity predicated upon the notion ofclass. Inherent in suchclass discrimination liesbothracialandgenderdiscrimination. The discrimination exists in the fact that we will retain the same structure that already exists. District lines within which children will be limited to the same old schools willremain. Withinthese districts,schooladministrations will retain the discretion to turn away children based uponthe criteriaithas historically used. As a result, districtswhich have historically segregated their schools can continue to doso underschoolchoice.'' motherwords,' 'school choice is not justanother give-a-way to the wealthy. It is simply a funding mechanism whereby private and parochial schools thatare unable to survive independently may exploit the public coffers fortheir benefit. Court. This case. Mills v. Commonwealth, is highly critical ofthe quickening doctrine. It held that the quickening doctrine "is not the law ofPennsylvania and ought never to have been thelaw anywhere.. .By the well-settled and established doctrine ofthe common law, the civilrights ofan infant in ventre samereare fully protected at all periods after conception." It isthus clear thatmany menat the time opposed abortion- not for the reason that it endangered women's lives- but because it killed viable forms ofhuman life. (As many feminists know, most early feminists were also opposed to abortion.) So, for at least 175 years, there has been opposition to abortion. This opposition wasnotbasedon somefanaticalreligious idealism, butrather on diesimple belief that life begins at conception. (For the sake ofbrevity I have not included citations or footnotes. Anyone who would like cites for the cases I discussed, please place yourrequests in Box 148.) Mysteries UNSOLVED . THEJESSUP hATM KORBULi® �The Docket What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: What: AliciaPartnoy, formerPrisoner-of-Conscience inArgentina,Poet, Author and Human Rights Activist Wednesday, October 14 at 3:30 pm FacultyLounge(Rooms4s),o'BrianHall She will speak on her experiencesandread her poetry. "TheDefiant Ones," a film presented by theCrime andPunishment Video Series Wednesday and Thursday, October 14 and 15 at 6:15 pm Room 106,0'Brian Hall Admission is free. Milk was theopenly-gaymemberoftheSanFrancisco Board ofSupervisors whowas murdered. What: When: Where: Lowdown: BarbaraKavanaugh, Attorney and Mother Tuesday, October 20 at 6:00 pm FacultyLounge (Room 545), O'BrianHall She will discuss the recent adoption ofherchildrenby herlesbian partner. What: . Assistantsfor teaching Researchand Writing are needed fortheSpring semester, 1993. When: Interestedstudentsshould submit a letter describing their qualificationsfor theposition andaresume to the Dean'soffice (319 O'Brian) no laterthan Tuesday, October 20. Lowdown: The jobcarries a stipend of$ 1650andone-halftuitionwaiverfor the semester (total compensation=s29oo). When: Where: Lowdown: Monday, October26at3:3opm Room 109,O'BrianHall Domestic ViolenceAwareness MonthFilm Event What: When: Where: Lowdown: I "SomethingAboutAmelia" "Scared Silent," andspeaker Amy JoFricano, Niagara CountyAssistant District Attorney Tuesday, October 27 at 4:00 pm IstFloorLounge.O'BrianHall DomesticViolenceAwareness MonthFilm Event "A Question ofldentity: Biological Testing andtheLaw" Saturday, October24 from 8:30 am to 12:00pm CenterforTomorrow Speakers include: GaryM. Stuhlmiller, Isabel Marcus, Scott E. Friedman, andShari JoReich. RSVP to University at BuffaloSchool ofLaw Alumni Office, 320JohnLordO"BrianHall,NorthCampus,Buffalo.New York 14260,(716)645-2107 ...Crooning, tance from Dave N. Jenn and non-law student, Sarah Breen, madea great effort to chaperon this inexperienced bunch of to complete a version of "Enough is potential tortfeasors. Whengivenleave to Enough despitethefactthatthe Karaoke sing,however, we didourbest not to let a machinekeptmalfunctioning. Ms. Breen, naturally shy demeanor get in the way of who is die sister ofa law school alum, ended thenightwithapowerful' 'Overthe embarrassing ourselvesmightily. My unRainbow" whichbroughttears tomany in fortunately sober versionof "ComeaLittle Bit Closer" would certainly have been the audience. Whata night! Anyone interested in attending abettedbyafewmoreouncesofale. Later futureKaraoke nights should seek out any a in the show, I wasable to survive choppy ofthepeoplementioned in this article. All with rendition of''UndertheBoardwalk are welcome. some muchneededand appreciatedassis- continuedfrompageB What: AttentionLaw Students: Rugby Players Wanted! When: Practices are Tuesday andThursday evenings at 6:00 pm Lowdown: Join theBuffalo Old Boys Rugby Club. They are a travelling squad that will be going to Ohio, Albany, NewYork City,andRochester.For more informa tion, call Johnat 885-2143 or leave a note in box 142. What: What: When: Where: Lowdown: When: Where: Lowdown: RoomloB,O'BrianHall When: Where: Lowdown: "The Burning Bed" Monday, October 19at4:oopm Room 109,O'Brian Hall Domestic ViolenceAwareness MonthFilm Event What: "TheTimes ofHarvey Milk," a film by Epstein and Schneichen Thursday, October 15 at 7:00 pm First AnnualInternationalAlumni Dinner, honoring Professor Virginia A. Leary Friday October 16;reception at 6:00 and dinnerat7:00 CenterforTomorrow HostedbytheInternationalLaw Alumni. Ticketsare2ssperperson. Formore info, call JenniferL.Krieger at 633-9667. What: When: Where: Lowdown: "TheTracy ThurmanStory," and speaker JudithOlin, Clerk ofErie County Family Court Judge O'Donnell Wednesday, October 14 at 5:00 pm Room 106,0'BrianHall Domestic ViolenceAwareness MonthFilm Event MPRE LECTURE PRESENTED BY STANLEY D. CHESS, ESQ. President, BAR/BRI Bar Review ' More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (mpre). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). BAR REVIEW The Nation's Largest and Most Successful Bar Review. 1500 Broadway, New York, NY 10036 (212) 719-0200 • (800) 472-8899 • (201) 623-3363 • (203) 724-3910 FAX (212) 719-1421 • 20 Park Plaza, Suite 931, Boston, MA 02116 (617) 695-9955 • (800) 866-7277 • FAX: (617) 695-9386 bar/bri AT* Bl CC \ mammammmmmamK^mmmmmmmm^ Date: A«r* /*\ + «-» H1 » \*S CT% \» _~ Time: /f\ AAA m O T)fJi KOOtA I* 0 (t> ■■■■■■■■■■■■■■■■■■^^^^^^^^^ October 14,1992 The Opinion 11 �(21)79-02 Indivualze BAR/BI BAR/BI Min-Revw Comprehnsiv, BAR/BI A n s w e r s c o u r s e M u l t i s a e V o l u m e E s a y s York's M u l t i s a e E s a y s M u l t i s a e W o r k s h o p A t e n i o A n s w e r s (80)472-89 150 Largest MWorkshop ultisae Volumes Condesing Concise Multisae includes: O u t l i n e s Question Broadwy, Most (201)63- REVIW P1036 ersonalizd FRE. Arthur - Gilbert tuion: Gilbert review recive: enrol When (203)74-910 Reviw (Regular Miler <tu*,■on":Multisae (Regular tuion:courseDISCOUNT register " Mo r e MPRE With Atorney Model NeYorwk NeYorwk NeYowrkExpert CRevi w linc™ Essay Model t2h5an0 Grade an°10 TopicsCoverage ■ ■ ■ ■ ■ Q ■ ■ ■ All & - & on New York, NY With ■ Course FAX: (212) 719-421 19 3 BAR/ $75.) BAR/B I jl $325)Exam Min-Revw REVIW (Your bar ha $200 New + $1 95.) York off Es ay tui on. the s t u d e n t Workshop Advantge our displayBAR/ I your goodhow For just Now, $1395 q u a l i t y e x p e r t s had lecturing. Every "I no on the for idea f r e e the ask the first to or you find the law, on of year, e x p e r t s l e c t u r s yourself typical on are atbhouet for a of you'l by the of the bar this out is and In return, stop time, BAR and REVIW „ You you by New you York bar w£h> review for NoY»H course. BAR/B I the _jt B A R / l ' s t h o u s a n d write your e x p e r t s audiotape BAR/ I course lectur s. BAR/ I studentvideotape alercetu.r s can was BAR/ I directly. go d," exam BAR/ l's students repsntaive, sampling rave or and BAR Reviw tui on: CPLR + ■ of | c o m e n t . earful. tablecourse, own Largest Bar $195.) an Nation's Personalizd FRE The FRE The get The Most The Bar ■ ■ all Law " BAR The & A and ■ K 0 ? , » lh A New ■ ™ II f / Belivng HearingBAR/ I With B^ \ U\ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-10-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/14/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/59449ba90d61b3883f459d4b46f23e1a.pdf 212d7a0c2dd08454aac5ee02e94bc1b2 PDF Text Text THEOPINION Volume 33, N0.4 September 30,1992 STATEUNIVERITYOFNEWYORKATBUFFALOSCHOOLOFLAW President Greiner Plans to Transcend" Tradition by Vito A. Roman. Editor-in-Chief The inauguration ofWUliamR. Greiner on Friday, September 18, 1992, marked the culm inationofaweek ofevents ushering in the 13thpresident ofthe University ofBuffalo. Greiner, whohas been associated with the university for twenty five years, outlined his vision for UB in his inaugural address. Declaring thatnow was not thetime "to linger overnostalgic notions'' ofwhathighereducation once was, but rather the time to "blaze new trails," Greinercalled on the entire academic community to join him in setting the course of the university into the 21 st century, one that wouldmake it a leaderamong institutions ofhigher learning. "If UB is to remain vital, vibrant, and relevant,'' he told his audience,' 'our university must be not just a leading institution which it already is but a leadership institution,' ' whichlearns from its past whde daring to ask questionsand look ahead into thefuture. This.hesaid,' 'wemustdo for ourselves, buteven more - for our students, ourcommunity, our state, and our society." Greiner stressed the need to act as a community. After mentioning some ofthe controversial newissues currently facing higher education, such as multiculturalism and the need to balanceresearch priorities withother - supported by the people of the state for the benefit of as many of its students who can qualify, no matter how rich or how poor, no matterwhat color, what sex, what ideology.'' TheGovernor stressed throughout hisremarks thatthe goal ofUB and other state educational institutions must always be to maintain high levels of excellence without sacrificing accessibility. 1 Chancellor Johnstonecongratulates Greinerat inauguration. purposes ofthe university, Greinerreminded his listeners that' 'controversy has historically been productive forhigher education, insofar as it has stimulated growth in all directions.'' Debate, he continued, stimulates growth in academia, but only as long as its members reaffirm the shared values whichmake intellectual growth possible, such as breadth, vision, respect, honesty, integrity,and service. Photo: Paul Roalsvig Only then, hecontinued,' 'wewillenhanceour partnership in ourhomecommunity, our state, and ournation." Governor Cuomo, who was on hand to take part in the celebration, also reminded everyoneofthespecialresponsibilitiesofUß andotherpublic institutions ofhigherlearning, stating that "this is a people's university, Calling Greiner's elevation to president more goodnews for Western university ofthe New York, GovernorCuomo also stated that "the state is determined to see to it that the University ofBuffaloremains aschool ofhigh excellence, accessible to all students whoare capable ofprofiting from it." TheGovernor then pointed out that UB had already proven its excellence through itsability to attract investments in theform ofresearch dollars, whichhas inrecentyearsgrown from $43 to $ 107million, and called this a vote of confidence in the strengthofthe university. Finally, before surrendering thepodium to the several other guests who had come to greetthenew president GovernorCuomo turned to Greiner and told him that in these tough times, everyone needs a friend, and the he would beGreiner's friend inAlbany. Leakey Unlocks Mysteries of Evolutionary Science by VitoA. Roman, Editor-in-Chief In order to attract attention to the plight AfricanElephant, Richard Leakey, Diofthe rectoroftheKenya Wildlife Service, publicly burned $3.5 million worth of ivory tusks his wardenshadconfiscated frompoachers. Within six months, theworldwide demand for illegal ivory declined so much that its price fellfrom $250to$20perkdo(2.2lbs.). Today, poachers kill only about 1 elephant permonth for its ivory tusks, whereas in the early 1980s, elephants hadbeen slaughtered at the rate of 3 per day. Saving the African Elephant from possible extinction, however, hasbeen only one of Mr. Leakey's accomplishments. Worldwide heisalsoknown as aconservationist, environmentalist and paleoanthropologist, and has published three books on human evolution. Like his parents, Mary and Louis Leakey, the famous paleonathropologists whofirst discov- preplanned, and I believe nothing could be further from the truth.'' Instead, Mr. Leakey defined evolution as "a theory that explains why organismschange atthetimes they doand theways they do,'' andadded that we humans "areherebecauseofchance." More important on human evolution, Mr. understanding whatit was Leakey explained, meant to be' 'human," especially since what the science of human evolution is learning from the fossil record and genetic research is that ourancestors, though' 'human inasense, may have looked very littlelike us. In fact, geneticistshavediscovered that 98% ofthe DNA structure in achimpanzee is identical to that of man, and that the two species are more genetically similar than are donkeys and horses. Withinthat two percent of difference, however, lies the great gulf of differences that separates apesfrom man. eredauswalopithecineafarensis, an earlyan' 'There is no doubtthat today thereisa cestor ofman, he himselfdiscovered in 1984a great diversity ofhumanity on this planet," 1.6millionyearoldhuman skeleton whichhas said Mr. Leakey,' 'butthere isequally no doubt greatly expanded what is known today about that despitethe superficial differences, we are early human evolution. one and the same species, and there is now Mr. Leakey spoke ofthis discovery, of adequate scientific evidence to sustain the human origins,ofhiswork to preserve wddlife, premise thatweall shareacommonancestor. and of species survival in general this past In fact, scientists today are absolutely certain Wednesday when he lectured at ÜB. His that the birthplace ofmankind lies in East lecture was sponsored by the Buffalo chapterof A frica, and thatall men havea common ancestor. ' 'Weare onespecies, wehave one origin, Omicron Kappa Upsilon, the dentalhonorsoand ifyou excuse me, wehave one destiny," he ciety, and waspart ofthe centennial celebrationofthe School ofDental Medicine. concluded. While the lecture he was to give that Whatmakes thehuman species so unique evening had been entitled' 'Past & Future: Is is itsability to use intellect to develop culture, EvolutionTak ing aTum forthe Worse?," Mr. Mr. Ixakey explained. The increased brain Leakey refused to give a pat answer to that size seen in the fossil record is believed to be question. In fact, during his lecture Mr. Leakey linked to the species' capacity to create tools, disavowed the implication which could be drawn from the title, saying instead that "to describethe eonceptol] evolution | going wrong, or having goneright, would suggest that it is a process that is preordained, predetermined. to any discussion develop language, and adapt to its environment. Pinpointing at whatpoint in timeduring the human evolutionary process these things ... Leakey, continued on page 6 Photo: Paul Roalsvig CDOpanel discusses lawin thePublic Sector. CDO Sponsers Job Forums Practicing in the Public Sector byPaulRoalsvig, Photo Editor TheCareer Development Office ofthe UB Law School, througha variety ofservices and opportunities,continuously strives to keep the Law School community up-to-date and informedas to the variety ofjobopportunities that are available. On September 16,CDO hosted a presentation entitled "Public Practice Settings,'' withfour speakers, who were all lawyers employed in the public sector. The first speaker was Therese Rahill Wincott, ExecutiveAssistant to Erie County DistrictAttorney Kevin Dillon. She described theresponsibilities anddutiesofherposition, ... Public Sector, continued on page 3 How to Get a Job inThe Private Sector by Chris Shea Like most law students, JeffreyKatz' 86 came to dread the idea of being grilled in interviews,sending out scores ofresumes and receiving rejection letterafter rejection letter inordertofind ajob after graduation. Unlike a lot of students, however, Katz had a simple solution: He didn't interview and he didn't send out a single resume. Instead, Katz told those in attendence at a forum on "Private Sector Settings," heenteredthe world ofthe solopractioner. The forum, sponsored by theCareerDevelopment Office, was heldon September 17, ...PrivateSector, continued on page 3 HIGHLIGHTS Group Spotlight Trials Labor Speakers Visiting Law Professors 3 5 6 7 �I II I |H ,~- ■b HM| ■■ ■ — "■—~"~~~~ ■■ H| ■■!■ MIH y| njU 1 fill I II ¥Xl nITT 111 ■ Law student's discount of $200 will be deducted from the cost of $1,300 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1992. ■ H H The Pieper Course Includes: H| * * Multistate Practice * Ml C°mPlete lecture I QPPPTRT H I ° H| ■B H REGisTRAri N must fet?y writing + Multistate Professional Responsibility Exam w * Multistate Volume Wm H| B|| I * Professional Responsibility B * Afetf; }frr£ /m> K>/h/ne ' '"* " «**""* MltfJtr 3 Citli(lfln(*P For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 The Bar Course That Cares. Smith,DavidTeske PIEPER REPS.: Deborah Barone. Jack Canzoneri,Andrew O'Brien, David ■ �Hendrick Named as New Associate Dean GROUP SPOTLIGHT will bea series featuring a different student group each issue LESBIAN, GAY, BISEXUAL LAW STUDENTS By Kevin P. Collins, News Editor The Lesbian, Gay, Bisexual Law Students (LG BLS) groupwas started in the early the conference and will discuss the state of gay rights in this country as wellas discussing the open discriminationagainst gays, lesbians and bisexuals, especially in the workplace. Justlast October, the group actively led a protest against the JAG Corps recruiting at the law school. The group filed a lawsuit two years ago. In the initial decision, thegroup won, as it was stated that the military could not recruit on campus using state money while discriminating against lesbian and gays. A Governor's Executive Order was issued to effectuate this ruling. Yet, SUNY appealed and wonan appeal which allowed the military torecruit at thelaw school. Presently, this case is pending further appeal and, combined with another case, is stillbeing fought in the courts. The LGBLS points out that the American Association ofLaw Schools hasa policy that member schools shouldnotallowemployersto recruit on campus ifthey discriminate based on sexual orientation. The SUNY Buffalo Law School is a member of this association. The group also adds that amajority oflaw schools in this country comply withthis policy. 1970sand has beenactive sporadically offand on since then.Thegroup,however,hascomeon strong from aresurgence in thelate 1980suntil the present and isnow very active. The purpose ofLGBLS is to provide a community within thelaw school-oneof friendship and support. The group performs an advocacy by taking a visablerole in classes and in extra-curricular activities through such actionsas being involved in discussions and by bringing outside speakers to the campus. The group's purpose is to make people aware of, address, and to promote lesbian, gay and bisexual legal issues and how the law affects lesbian, gayand bisexual people. LGBLS coordinates and networks with both local and national lawyers' groupsinorder to help themselvesand to broadenthe scopeand learn more on thelegal issues which touch their and all of ourlives. The group, just this year, changed its name from theLesbian and Gay Law Students Organization (LGLSO) to the present name, LGBLS, in orderto include bisexual students in thegroup. LGBLS has many goals for this year. Although National Coming OutDay is Sunday, October 11th, LGBLS will celebrate it in the law school on Tuesday, October 13th. All day on that Tuesday it will be' 'Gay Jeans Day and the group asks people to wear jeans in support of gay rights. All of the month of October, the group will have a display in the Membership inLGBLS is not limited to law library window cases dealing with many students who are lesbian, gay or bisexual- any legal aspects whichtouch theirlives, but espestudent can join.The groupmakes reference to cially on suchissues as family valuesand civd heterosexual students who jointo learn more rights. LGBLS plans to bring in speakers in on civd rights issues. Anyone interested in October. joining LGBLS may contact its President, One speaker scheduled to appear is Deborah Gottschalk, 2L, Box # 663 or its Sandra Lowe, theDirectorofthe Governor's Treasurer, Ray Welch, 3L, Box #21A. LGBLS Office ofLesbian and Gay Concerns, who meetings are usually held on Tuesdays and formerly was an attorney for LAMDA. Also anyone can come and all are invited. Law speaking willbe BarbaraKavanaugh, an attor- students may wish to join because a lot of ney forNeighborhood Legal Services. Justthis issues discussed inthegroup arenotdiscussed past summer, Barbara became oneofthe first in the classroom. women in Western New York who,as amother, TheLGBLS points to the need andreahas been allowed by thecourtsto have her and sonforhaving aNational Coming OutDay. The herlesbian partner adopt Barbara's children. group states thatthe gay, lesbian and bisexual Additionally,LGBLS wdl show, onThursday population is invisible and that the day is night, October 15th, in conjunction with coneeded to demonstrate to the entire commusponsors the LGBA (the Lesbian, Gay, Binity thatpeople you know are gay, lesbian and sexual Association, an undergraduate group) bisexual; and thatthesearepeople withwhom and the Lesbian and Gay Graduate Group, a you go to school, practice law, work for, live in movie on Harvey Milk, the San Francisco your neighborhood- people who are justlike activist who was murdered. you. The LGBLS servesasaliason to the gay, Members ofLGBLS will be attending a lesbian and bisexual community ofWestern 3-day conference in Chicago ofthe National New York. Finally, the group would like to Gay and Lesbian Law Association. The conmake everyone aware that on Sunday, April 2 5, ference is offering over 50 sessions on such 1993, there will be a march on Washington, issues as gay family law, AIDS related law, D.C. that will be a gay, lesbian and bisexual and civilrights. A liter the conference, LGBLS marchfor equalrights and one march in which will hold a student-led forum with areport from the LGBLS will take an active and vocal part. U.B. LAW YEARBOOK COMMITTEE If you are interested in joining the U.B. Law School Yearbook Staff, contact Roy Hopkins for more information. Box#l33orcall 882-2982. Professor Thomas E. Headrick has been named as Associate Dean for Academic Affairs at U.B.the School of Law. Professor/Associate Dean Headrick has been associatedwith the University ofBuffalo, SchoolofLaw since 1976, serving as Dean of the law school, Acting Dean of the Faculty of Arts and Letters, senior member of the Undergraduate CollegeFaculty, and chair of the General Assembly of the Undergraduate College. Headrick earned a bachelor' s degreein goverment from Franklin and Marshall College, a bachelor's degree in politics from Oxford University (where he was a Fulbright scholar), a law degree from Yale Universtiy, and a doctorate in political science from Stanford University. Headrick is expected to play a key role in the future of UB Law's curriculum. ... Public continued from page 3 noting that herjob was very trial oriented. A position, such as hers in the DA's office, offered a great deal ofexperience for courtroom work, and sherecommended the positionfor anyone whohad enjoyed the experiencesofMootCourtandTrialTechnique. She enjoyed her work, and found it veryinteresting,remarking that each morning orevening shiftherofficeprocessedabout 50 defendants. Most of the people in the DA s office often workthesame numberofhoursas attorneys in private practice, but that they are paid much less. The next speaker was from the Erie County Attorney's Office. Kelly Brinkworth told of the various departments of county court, and under what situations the county mightgetsued, forexampleregarding actsby the Sheriff s Department, Erie County Medical Center, Erie Community College,and any other County department or office. Heroffice consists of 16attorneys, with an additional 3 more who deal with Family Court matters. Although primarily civil in nature, the cases the County Attomey' s Officehandlealso may be criminal, for example the prosecution of juveniles in Family Court. HildaRamos then spokeabout her job as a Staff Attorney at Neighborhood Legal Services. She said that places like NLS,when selecting permanent staff, look forenthusiastic people, who are self-starters, do not need much guidance,and who areready tocommit themselves to such a career for a long term. Typically, a commitment of at least 5 years is desired, and shecautioned students to give sucha career decision a lotofthoughtbefore pursuing it. Ramos noted that NLS interviewers, usually consider less about the inclusion of Moot Court or Law Review credentials an resumes, but lookedrather at an applicant's total "life experiences" in determining whether a person was suitable for the job. Most ofNLS' funding, she claimed, came from the New york State Bar Association's lOLA(lnterestonLawyer's Accounts) fund, and although there was currently a hiring freeze, she encouraged people to work and gainexperience writing briefs and memos at NLS ona volunteer basis. With a staff that currently consistsofabout 50-60 people, NLS has divisions that specialize in disabilities, special education, and the homeless, among others! The last speaker ofthe afternoon was Mary EllenKresse, JudicialLaw Clerk to US District Court Judge Richard Arcara. A federal clerkship, she stated, involved a great deal of opinion writing. She outlined the Federal Court system in Western New York, andrhenumberclerkswhowriteopinionson virtually every kind ofcase imaginable after reviewing both sidesofan argument. In addition to being a valuable experience for those who were interested in litigating, aclerkship is simply a great opportunity for any new graduate. She also recommended to those interested in a clerkship, that they speak to existing law clerks to obtain valuable inside information, which could be useful in the hiring process. ...Private Sector, Sector, continued from page 3 featuring fouralumni speakers, each ofwhom has graduated in the past decade. The panelists told the crowd of mostly first-year students what it was like to work in a medium-sized firm, a large-sized firm, corporation in-house counsel and, a solo practionership. MarkBrand, currendy atthe 130-lawyer Buffalo law firm ofPhillips, Lytle, Hitchcock, Blame and Huber, said therearea lot ofmyths regarding large firms. "Some firms, "Brand said,' 'arenot as dog-cat-dogas people think. You still have to bill your work hours and a lawyer' sbilling sheets are scrutinized even to thepointofquestioningalawyer about l/10of anhour." However, he suggested that students should doresearch becauseall firmsare different. Brand also said that students should keep in mind that any person they come into contactwith during an interview —even someone they meet briefly in the hallway - will be evaluating them. Headvised students to try and get a feel forthe firm's' 'atmosphere" before going to the interview. Richard Gallo, AssistantGeneral Counfor sel CIGNA,advised first-year students to get their foot in the door during the summer after theirfirst year. Gallo saidstudents should also upgradetheir writing skills.''You 're really judged onyourwriting. Ifyou can't write, you' re not going anywhere,'' Gallo said. Gallo commented that oneofthe bigger benefitsofworking for a corporation include having no billing hours and being involved in a broad range oflegal areas. Mary Beth Scarello, a graduate of the class of 1991, spoke on what legal life is like at a medium-sized firm. Scarello said that whilein law school, she workedforalocal firm as a clerk for almost three years before they offeredher a jobafter graduation. Shesuggested thatlaw students should consider working for a firm during theschool year even if it's only a few hours a week. "You'llgetalotofexperiencequickly and it's thebestway to get intoamedium-sized firm," Scarello said. Katz, the only solo practioner in the group,entertained the crowd with his experiences being in business all alone. "The first week I was in practice I made zero dollars. Thatwasscary,"herevealed. "Asamatterof factthewhole first year was scary." Katz said being a solo practioner meant hedidn'thave to keepbilling hours, he didn't have to take any cases he didn't want, and unlike in a larger firm, he could have day-today contact with his clients. Most of Katz's cases concentrates on real estate and wills and estates. Katz admitted that a sole practioner was not for everyone. "It only suits certain typesofpeople," he said. Audrey Koscielniak, Directoroft 'areer Development, said she was pleased thepanelists effectively showed students what they need to do to be better candidates for jobs. However, she said, she was a little disappointed with the less-than-expected student turnout." A lotofhclpfuladvice wasgiv en out and alot ofquestionsmany studentsareprobably asking themselves were answered.'' she said. September 30,1992 The Opinion 3 �bpimonJSM" Opinion Mailbox Cody MissesThe Mark on Sammarco Article Dear Editor: Volume 33, No. 4 September 30, 1992 Editor-in-Chief: VitoA.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch NewsEditor: Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: Gary Simpson Photography Editor: Paul Roalsvig Art Director: Bill Kennedy Staff Writers: Tracy Sammarco, W.F. Trezevant ( ontributors: Joseph Antenecchio, Chris Shea EDITORIAL Whose Education is it Anyway? Several years ago, the UB law faculty published an official statement regarding the manner in which students will be disciplined for intolerant and offensive behavior. There is, however, no "Student Statement for addressing the intolerant behavior on the part of faculty regarding thelaw school curriculum. Maybe itstime for students to come together and draft one. As law students, we have right to adequate legal training throughout our legal education. The problem of an inadequatelegal curriculum at UB wasraised last year regarding the questionablereform ofthe Research & Writing program. Many first year students felt inadequatelyprepared to enter the competitive job market for summer employment. Last year, IL' s did not have a single writingsampleafter their first semester in law school. Law students respondedby rallying for changeand were successful" in effecting change for the Class of 1993. We hope!! Again, this issue is on theminds of students regarding the quality of education they are receiving in the classroom. Not to say that all law faculty are in the same category(many of ÜB's faculty are highlyregarded in their respective fields), but it is apparent thatthere are members of ÜB's law faculty who are failing to provide the standard of training needed to compete in the legal profession. Currently, faculty (especially tenured professors), have extensive leeway in the content of their courses. As opposed to a concrete presentation of an area of law, professors can present their course in a purely theoretical, abstract or metaphysicalapproach. You may geta "Q" grade (Qualified) in the class, but does it mean you are qualified for the legal profession. The question is "When will students actively respond to the devaluation oftheir legal education?" Maybe it will require theembarrassment ofa student duringan interview when they are incapable ofresponding to a general area oflaw not presentedin theirclass. Maybe it will require a student who fails the bar on the first try because the first time he learned ' 'Contracts!'' was in his bar review course. It is absolutely intolerable for UB law faculty to expect a bar review course to replace the legal education to which each student is entitled. THEROAMINGPHOTOGRAPHER The Opinion EditorialBoard announces: "THE ROAMING PHOTOGRAPHER." Law students will be photographed and asked their opinions on timely issues which affect the law school. So, be prepared to smile the next time you shoot off your mouth in the hallways! Copyright 1992. The Opinion. SBA. Any reproduction ofmaterialshereinis strictly prohibited without t heexpress consent oftheEditors. The Opinion ispublished every two weeks during theFall and Spring semesters. Itis the student newspaperoftheStateUniversityofNew The views expressed in thispaper are not necessarily thoseof York at Buffalo School theFditorsorStafl'otTheOpinion. Ihe Opinion is a non-profit organization, third class postage enteredatBuffalo, NY. Editorial policy olTheOpinionis determinedby theEditors. The Opinion is funded by the SUA from Student 1 aw Fees. The ()pinion welcomes letters to the editor but reserves theright to edit for length and libelouscontent. Letters longer than three typed doublespaced pages will beedited for length. Please do not put anything you wish printed under our office door. Submissions can be sent viaCampus or 1 Inited Slates Mail to The Opinion.SI JNY AH Amherst ('ampus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260(716)645-2147 orplaced in lawschool mailboxes 223 or 611. Deadlines for the semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by theEditorial Board ofTheOpinion. 4 The Opinion September 30, 1992 John Codyappears to have missed the point of 1 racy Sammarco'sarticle. Mr. Cody offers "empirical" evidence that the female breast is a "sexual" object. He then suggests that pornography exists to glorify this biological truth. The problem with pornography is that itreduces women to their sexual features. Playboy teaches men that women arethe sumoftheirmeasurements--amessage thatisreinforced by our popular culture. There is no betterexampleofthis than "WheelofFortune," the television game show. VannaWhite, the hostess, hastwo jobresponsibilities. First, she spinsaround to display Barbie-dollproportions. Second, she stands beside "valuable merchandise" and silently points to it. The underlying message is that women are merchandise-tobe possessed and exploited. Such cultural imagery promotes the sexual and economic subjugation ofwomen. In pornography, female sexuality is depictedas subordinate and masochistic. These allegedly female attributes are closely linked to traditional notions of a woman's "place in society. Consider theRepublican National Convention, whichpromoted an agendaof "family values." After decrying the sex and violence in ourculture, Republican leaders proceeded to attack Hilary Clinton for being a "feministlawyer." They believe thatawoman'sdesireto be taken seriously is a character flaw. By extension, a decent woman aspires only to "serve her man. Mr. Cody's letter advances this very message. His ad hominem attack on feminists conveys a dangerous warning,'' shut up and be pretty,'' lest you beaccused ofbeing bitchy or sexually repressed. Like Ms. Sammarco, I believe itis important to transform our society' s viewofnudity and sexuality. Promoting the view that female nudity is natural as opposed to provocative is an important step. Ifthis viewprevailed, there would be no needto censororregulate pornography. Instead, men who are truly sexually creative (Mr. Cody' s phrase) wouldlose theirappetite for it. PaulMorenberg, 1L Dear Editor: With regard to John Cody's letter to the editor ofSeptember 15,1992, clearly Mr. Cody missedthe point. First, I don' t thinkanyone should disputethat women's breasts play a role in bothmen'sandwomen'ssexuality. Sodoesaman'schest However, under NewYork Statelaw, men were able to bare their chests in public whereas women were not, and it is this inequality to which supporters ofthe' 'top free movement object. Second, to suggest thata greater acquaintance withpornography will enlighten anyone as to the desires of sexually creative men and women is ludicrous. I fail to see how images of women being abused and degradedare in any way creative,and I certainly don't see pornography as expressive ofthedesires ofwomen orof"completely normal" men. Finally, I don't think that Ms. Sammarco was suggesting that male fantasy be eradicated, butrather that the sexual objection ofwomen be challenged. As werepeatedly hear reports of women being assaulted, raped, and very nearly killed on our campusand in our neighborhoods, as well as across the country, can it seriously be contended thatthe object i fication ofwomen isa harmless pastime, and that to object to it is''hermetic feminist ideology run amok?" Sincerely, Amy Sassenhausen,2L COMMETNARY: The Forgotten Discrimination By Deborah Thurman, 31 Twenty yearsago, I lived in Columbia, South Carolina. The' 'white"and "colored signs had been taken down from the rest-room doors and fromabove the water fountains, but the dark marks from where the signs had been hadn't yet faded. White folks didn't go into colored restaurants, and "nigras," the good ones anyway, stayed out ofthe whiterestaurants. Shandon Annex wasadisplaced persons campconstructed after theCivil War. Thewooden shacks, long overduefor fresh whitewash, werebuilt on pillars. Theclapboard wasrotting, the pillarscramblmgandthenK)fsdisintegrating. Mudwaseverywhereandgrasswasnowhere. Poor black families lived there. I worked in an office filledwithwhitepeople; the branch manager told me itwould be bad for hisbusiness if hehired ablack. One man who worked in theoffice attended church twice weekly. This fellow could quote scripturebetter than many ministers. His world was divided into two categories - people (meaning white folks) and niggers. Another fellow in theoffice was more generous: people (same, white folks), niggers and newyorkniggerjews (all residentsofNew York State, regardlessofrace orcreed). A third fellow had no categories. To him, there were just people. He told me once that niggersweren't humans. That was 20 years ago. This is 1992; we're in New York State, the land of liberal opportunity; and thisisa liberal law school. We're educated folks, all smart enough to get into law school. We're belter than those southern ignoramuses who, a century after the surrender, were still fighting the Civil War...Wanna bet? Maybe racism isn't acceptable in this law school, but an alarming number ofthe staff believe it's acceptable to ridicule the physically challenged and to ignore the state and federal laws which prohibit discriminationagainst us. An adjunct professor told me he had no idea what the Americans with Disabilities Act and Section 504 are. Both are federal statutes which prohibit discrimination against the physically challenged. I this statement was truthful, he should be fired for incompetence. If he was lying, he shouldbe disbarred. A tenured pro lessor who signed theFaculty Statement makes jokes in his Constitutional Law class about workers who have been crippled by industrial accidents which occurred in grossly unsafe workplaces Anotheradjunctprofessor laughed whenI told him that, asaphysically challenged student, I'vealways had enormous difficultygettingthe law school to providetheaccommodations 1 need. Both state and federal statutesrequire thelaw school to provide accommodations forphysically challenged students. 1 Ie asked why I didn't hire a private individual to provide the services I need. I asked why he didn't pay for it. In the twoyears I've been here, I've seen classrooms full ofpeoplerespond with instant ...Discrimination, continued on page 5 �Trials By Natalie A. Lesh I ast week, a thirty-seven year old man was executed by lethal injection in the state ofTexas. He had been on death row for almost sixteen years prior to theexecution, as aresult ofbeing convicted ofkilling two men during a 1976robbery. The man served a prison term for murder while he was a juvenile, and was released. At thattime, he told the judge that he enjoyed strangling catsand dogs. While on death row, he killed a fellow inmate, raped and beat another, stabbed two others, threw lyein theface of guard,stabbedvariousother guards, and twice set fire to his cell. Proponents of capital punishment will cite this case as a clear example of its appropriateness and necessity. Admittedly, this man was fit neither tore-enter society nor to remain wherehewas. His disregardfor life, property and law was obvious; incarceration was a futile attempt to impress upon him any such respect. Opponents ofcaptial punishment will nonetheless argue that a state's inability to effectively maintain control ofits prison inmates should notauthorizethatstate's use ofcapital punishment. I do not need such an extreme case as this one topersuade methatcapitalpunishment should bean option available to a state. I would even go so far as to suggest that it should bean optionavailable to personssentenced to life imprisonment. We wouldall agree thatany formof punishment must serveapurposein order to be justified. In the context ofourpenal sytem, I wouldargue thatthat purpose shouldbe prevention: the best penal system is one which prevents crime. That is, allpunishment should be tailored towardpreventing the convicted person, as wellas othermembers ofsociety, from committing crime. Theuse ofthe word ' 'preventing here may be somewhat misleading. By that term, I mean to suggest that the goal ofpunishment shouldbe to ensure that the convicted person will not wantto, or will not be able to, commit a further crime. Of course, if capital punishment were imposed uponevery person convicted of any crime,there would be 100%prevention. Statisticsreveal that no person who has been executed has committedanother crime. (For those ofyou who think that I am joking, see Robert Bartels,' 'Captial Punishment: The Unexamined IssueofSpecial Deterrence," 68 lowa Law Review 601 (1983).) I he otherpurposes ofpunishment make theabove scenariorepulsive to mostof us. For example, our penal system reflects society's strongsupport ofretributivism That is, the punishment must" fit" the crime; the degree ofpunishment must be proportionate to the seriousness ofthe offense. In this way, society can feel vindicated for the crime committed against it. Our society, however, does not go to the retributivist extreme oflex talionis- we do not match the punishmentand the crime by mode and manner. We do not insist upon an eyefor an eye. It is ironic that a society which generally frowns upon capital punishment also demands retribution to the extent that we do. We have dictatedmandatory prison sentences for those who commitcertaincrimes and for those whorepeatedly commit crime. We usually do this in the name ofkeeping ' 'dangerous individuals offofour streets. But thereal message is clear: we believe that such people deserve to be separated from society, regardless of the deleterious effect such a separation may have on them. Put simply, we want convicted criminals out of sight so that wecan simultaneously put them out ofmind. This is revenge in the form of temporary gratitieat ion. This entire mode of reasoning ig- Features Editor noresprevention. However, ifourpenal system is to truly benefit society as a whole, prevention must be our utmost concern- even at the expense ofretributivism. We must swallow our strong desire to blindly incarcerate people we believe are "bad" or did "wrong." Wemay still exact aprice forthe damage which the convicted person has inflicted upon society through the commission ofthe crime, but that price cannot be set in a vaccuum, without taking into account prevention. What I suggest is simple. Convictedpersons should bemade to giveback to society that which they have destroyed in committing the crime. While incarceration may sometimes be the most appropriate alternative, it usuallyrenders this an impossibility. Instead, programs should be developed whereby convicted persons can do various kinds of work. Of course, such a program would bea form ofprobation, so that if the person did notcomply, more severe sactions could be applied. Forexample.ayoungman with two small children was recently convicted of vehicular manslaughter and driving while intoxicated. He was sentenced to prison. This seems pointless to me. This man is not a danger to society, and his incarceration will serveonly tobothdeprivehis children oftheir father' spresence and deprive him ofan ability to givesomething meaningful to the community. While it is true that the victim's family has been similarly deprived, it isalso true that two wrongs will never make a right. There is no use incompounding an already unfortunate situation. This man should be made to confront what he has done by talking about itwith people andby performing some typeofservicetothecommunity. Hecangive nothing to the community while he is incarcerated. Our society, however, is not yet ready tolet go oftheneedforrevenge, and this man must therefore be incarcerated. And then there' s life imprisonment. This sentence should never be handed out unless it is meant to be just that: for life. Unfortunately, in today' ssociety persons who have been sentenced to life know that there is a chance ofparole. Life imprisonment has come to mean maybe life/maybe not life The Opinion Editorial Board announces "CROSSFIRE," a new feature to appear in each issue. CROSSFIRE will be a debate format open to all members ofthe law school community ona topic selectedby the Editorial Board and to be announced in advance of G3.ch issue CROSSFIRE Topic For October 13,1992 Publication: Issue: "School Choice." Will the proposed public funding of private schools be at the expense ofpublic education? All Submissions Due: Friday, October 9,1992 impose the death penalty arises in a similar Although capital punishment may be manner-through the recognition thataperson the most final form ofpunishment, it certainly has forfeited his or herrights to the extent that isnotthe ultimate form. To confine someone such a decision must be made forthatperson. Everything that I have just stated is to prison for life (and mean it) seems much more cruel. It is here that the opponents of contingent upon a criminal justice system capital punishment falter and succomb to the which affords tremendous protection for the retributivist theory ofpunishment: theyclaim criminal defendant. I believe that our system thatcapital punishment allows sucha person doesjustthat. The numerous procedural and an' 'easy way out ofthe situation, instead of substantive safeguards inherent in our system making them suffer each and every day in a insure that it will be a rare case in which a person iswrongfully convicted(and then only small prison cell. that through the malicious prevarications (lies. I reiterate that believe I must lies!) of witnesses for the prosecution, Bill, available onlybean capital punishment should which no system can guard). I have A never penalty. against a mandatory alternative, should faith in our system that while guilty persons person sentenced to life imprisonment that punishment may remain "free," innocent persons are beallowed tochoose between the and death. In permitting this, state would vigourously protected. It is this faith that be acknowledging that person's right as a permits, even requires, that capital punishhumanbeing totakeresponsibility for both his ment be allowed as an alternative form of or her actions and life. That state's right to punishment. imprisonment. COMMENTARY; ...Discrimination, continued frompage 4 condemnation toracist, sexist andhomophobic remarks. Such response is commendable. Racism, sexism and homophobia-all synonyms for hatred-have no place in our society. Discrimination against thephysically challenged is equally unacceptable. Thephysically challenged are v iewedas a safe target primarily because we terrify the non-challenged. We remind the non-challenged thattheirabilities are temporary. Only a fraction ofa second separates the not-yet-challenged from the challenged. The not-yet-challenged need only fall once, be in a car accident, have a single virus, to become challenged. Those ofus whoare physically challenged refuse to beasafe target any longer. Attacks on us must be greeted with the same instant condemnation as racist, sexist and homophobic remarks. We need your helpand yourvigilance to standon your own. KEEP OMJ4 . "iv ;lji i Ii '|/ I fj>rß i, T.* out, 1 Jill «Aift»Y ?#«. September 30,1992 The Opinion 5 PAGE �LABOR SPEAKERS COMETO UB N.L.R.B. Board Member De Vaney Addresses the Center forTomorrow Dan LaBotz Talks on FreeTrade Agreement byJoeAntonecchia, Staff Con tribu ter, Kevin P. Collins. News Editor by Kevin P. Collins, NewsEditor On Tuesday evening, September 22, 1992, National Labor Relations Board Member (hereinafter, theNLßßorthe Board) Dennis DeVaney spoke before over 100members Dan Laßotz spoke on labor issues on Monday, September21,1992, at theLJB Law School in an event sponsored by the Graduate tice claims has decreased in recent years, DeVaney feels that thethreat ofprosecution beforetheBoard still can serveas an effective deterrent to unfairlabor practices and a regulatoroflabor-managementworkrelations. DeVaneycentered most ofhis talk on a discussionoftheElecttomation case awaiting decision by the Board. He statedthat this is a significant case that deals with the issue of cooperative managementprograms.The union community feels that such company dominated work groups are nothing but a guise for company unions, the same evdthatpermeated in 1935andwhichwasoneofthereasonsforthe passing ofthe NLRA (which under Section 8 (a)(2)oudawscompanyunions). Themanagement community, onthe otherhand, believes thatcompanyworkgroupsshouldnotbeprohibited by thestrict language ofthe NLRA outlawing company unions, andthat suchwork groups are neededbecause ofthe vast changes in the global economy since 1935 (the date ofthe passing of the NLRA) and that the groups enable management to remain competitive. DeVaney stated the decision ofthis case wdl be out by the end ofOctoberbut warnsthat it probably will bea "split" decisionwith many separate opinions. Discussing recent Board developments, DeVaney stated thatjustthatday,for onlythe second time in its history, the NLRB used its rulemaking authority andproposedarule inthe Federal Register. The NLRB, under Section 6 oftheNLRA, has broadrulemaking authority. DeVaney is an advocate ofrulemaking, and believes thatthe 30 day comment period permits the Board to receive more substantial evidence than in a case-by-case basis. DeVaney offeredhis impressions ofwhat he believes to be current AFL-CIO priorities in laborrelations, perceiving these primarily to befocused on theNorth American FreeTrade Agreement(NAFTA) and striker protection legislation. Also, he sympathized withunion concerns over the effects of outsourcing, a practice he stated cost 75,000 jobstobelostat GMand which led to the recent Lordstown, Ohio-GM strike. DeVaney isa big believer in deferraltoarbitrationandnon-acquiescenceto the circuit courts. DeVaney most strongly believes that Congress intended and that it is best for the NLRB, and not the circuit courts, to interpret the NLRA. rights on the books but very little inreality as the government has used violence up to the point ofeven killing laboractivists. Mexican labor laws and human rights appear to be mutually exclusive terms. Laßotz recounted an event with a Ford plant in Mexico. When workersasked for more wagesand improved working conditions, theFord Motor Company closed the plant and justpaid liquidation pay which is allowed under Mexican labor law. Fordthen hired back the same workers withan inferior agreement. However, a new union leader and BoardofDirectorsreaffirmed their requests forbetter working conditions, more wagesandasafer job.InDecemberof 1989,the FordMotorCompany didnotpaythe usualyear end bonus underMexican laborlaw and awork stoppage and labor demonstrations ensued. The government and the Labor Courts did nothing. On January 7,1990, Ford sent in over 200 thugswho beat uptheunion organizersand helpers. The workers startedtopush outthe 200 thugswhen, hearing thecommotion, a worker came out ofthe lunch room to see what the matter was. The thugs shot and kdled this worker,who wasnot a unionactivist atall, but an innocent worker. Laßotz simply statedThis isMexican labor law. In Mexico, the multinational corporations go to Mexico to pay cheaper wages and reap the benefits of less worker rights. The CTM is the officialgovemmentunion, in which workers have no choice but to belong, and is controlled by the ruling party. Workers try to fight for democratic unions but there is no political democracy inMexico and thereare no free elections although, asLaßotz pointed out, the State Department of the US calls it a democracy. Laßotz states thatthe Justice of the Mexican Supreme Courtcalls the Presidenttofindoutwhat he shoulddecide inacase. To date, over 139 activists ofthe opposition party have been assassinated and Amnesty International has condemned the use oftorture. Laßotz commented that the Mexican government wantsto keep multinational corporatioas happywithlowwagesandfewerworkerrights. He told ofhow when women workers went on strike, goonsraffedthem up andwhen areporter told this, he was picked up and tortured. Finally, Laßotz stated that Mexico does not have highhealthand safety standardsand has a 2 5% Group on Human Rights Law & Policy, the Latin American Law Students Association, theInternationalLaw Society, theLatin American SolidarityCommittee of theWesternNew York Peace Center, and the Coalition forEconomic Justice. A large number ofinterested faculty members who teach law, political science and economics, as well as labor specialists,consultants and law studentscrowded into aroom to hearMr. Laßotz. Laßotz wasbom in Chicago in 1945and grew up on the Mexican border south ofSan Diego, California. Hegraduated from San Diego StateUniversity in 1967and studiedliterature at the University of California at San Diego from 1967-71. Hewasafounderofthe Teamsters fora Democratic Union. He worked as a reporter at the historic newspaper, The Chicago Defender, but wasfired thereforunion organizing andhasworked as a reporter for the Mexico City News. Laßotz hasalsoworkedas a staffperson for several unionsand community groupsand is theauthorofmany books and articles on his specialty, labor organizingand Mexico, including his latest book, Mask of Democracy: Labor Suppression in Mexico Today (Boston: South End Press, 1992). Dan Laßotz is a graduate student in the history departmentoftheUniversity ofCincinnati and a history teacher at Chatfield College in St. Martin, Ohio. Laßotz stated that NAFTA was proposed andraised by the President ofMexico in son oftheBoard. an attempt to create an economic block in In speaking on the current state ofthe North America while making capital more NLRB, DeVaney statedthat he wasappaded mobile. He stated that, in his opinion, the at the backlog ofold NLRB cases (some cases motivationof theUS government withregard lingered for up to 8 years) and that this was to NAFTA isthat the American governmentis outrageous in giving no justice to the parties trying to create an economic block to counter involved and was not serving the purposes of the new world order and the two economic the NLRA. Although DeVaney commented blocks in the rest ofthe world- theEuropean that management preferred such delays,he is blockled by Germany and the Asian blockled nowproud to report thatthereare only 5 cases by Japan. The US hopes that it, Canada and thatare 2 years old andby next Spring, no case Mexico can create a third, North American pending before the Board will be over 1 year. block, to compete internationally because itno DeVaney was highly critical ofthe apparent longer can successfully do so by itself. He management-biased and slow-coming decistated that US corporations want an internasionsofthe 1980sunder Chairperson Dotson, tionalchoice ofoperations and plant locations butstressed that unions should not feel that the in order to be more competitive while obtainNLRB is irrelevant to them in the 19905. inglower wagesand lessworkerrights. Hesaw unemploymentrate. Although the percentage ofunfairlaborpracLaßotz stated that by facing all ofthese one ofthe many dangers of NAFTA as the problems, Mexican, US andCanadian workers notionofaharmonization between all 3 counis the Leakey, science has taught mankind, Mr. Leakey said, tries resulting in a lowering ofstandards to the need to unite. The common problem international economy, multinational corpocontinuedfrom page 1 was that"there is nothing that guaranteesthe country withthe lowest one. He made referand the governments. Workers need to rations in system to the national health care ence began to take place, however, remains the survival ofany species, and there is certainly multinational corporations and the force the notion. American Canadaasanexampleofthis mystery evolutionary science seeks to solve. nothing that guarantees the survival of our corporations are lamentingthat thehealth care governments to recognize labor unions and Bipedalism, or the ability to walk upright species." creating and organizing presAtthis point in the lecture, Mr. Leakey systemin Canada is a government subsidy on human rights by nevertheless, is recognized asthe evolutionary ofthe border. He called for landmark whichseparated manfromtheline of turned to how this development impacts his an internationallevel and thatthisgives Canada sure onboth sides sees the international unions to be formedand to meet. evolutionary development he shared withthe own work. As manager of all of Kenya's a comparative advantage. Laßotz He also stated his beliefthatthereisa need for apes. While physical evidence ofbipedalism protectedwddlife areas, Mr. Leakey expressed ideaofacomparativeadvantageasanoutdated a new legal framework to enforcelabor laws. dating 4 million years ago has been found, and concern that "one can protect these areas notion. Laßotz ended with what may be a starting law, to Mexican labor With regard the evidence suggesting the use of tools has against human encroachment, but we cannot 'There is no hope, there is only organizrally:' historyby telling Laßotz summed its how up alsobeen found somewhatless farback intime, protect the areas against the inevitabdity of ing." determining from the scant fossdrecord when climatic change, and the consequence that the 1917 revolution led to expansive labor man started to develop language has proven change will have on the vegetation patterns of ?oo pools) y'rtUtA (fob Mffih fOut BSSJ6NED and the ecological balance.'' r moredifficult. lof 'WI y ,v ' Nevertheless, Mr. Leakey continues to Another thing that evolutionary scientists are certain ofis thatclimatic change has • be an spokesman for whatevolutionary science played arole in the evolutionary process, and can teach man about himselfand his world. certainly must have played arole in the devel- Since taking over as Director ofWildlife SerM l v ***?*- \ 1~% IIL iropmentofman. Overthelast lOmillionyears, vices, Leakey' s efforts inprotecting the wildLL VI II HUB Africa has had, and still has, a wide diversity lifepreserve areas havebeen so successful that ofclimates, which in turn led to a wide diverthe elephant populations have increased to the sity ofanimal species. These factors probably point where they will now have to be conled to' 'ecologicalopportunities" which would trolled. However, Mr. Leakey refuses tolisten havebenefitted a bipedal creature such as man. to those who would control the population growth by allowing elephant hunting, since Today,Mr. I eakeycontinued, man himthiswould only giveriseonce again to the ivory self is affecting the earth's climate in a catastrophic way. and thus jeopardizing his own market. Instead he advocates some form of survival as a species, as well as the survival of birth control which would allow for careful other species. Among thelhings evolutionary balancing ofthe species and the ecosystem it and other species must occupy. oftheIndustrial Relations Research Association (IRRA) for Western New York at its regular monthly meeting, held at the Centerfor Tomorrow on the Amherst Campus at SUNY Buffalo. In attendance werelawyers from both the labor and management sides, as well as laborrelation specialists, consultants, and interested UBlaw students.DeVaney holds one ofthe five positions on the NLRB, whichis the ''Supreme Court for claims under the National Labor Relations Act (NLRA). The focus ofthe IRRA meeting was: "Areexternalforces changing theability ofunionandmanagement however willing, to achieve mutual agreement along traditionallines?'' DeVaney received his undergraduate degree from the UniversityofMaryland and his law degree from Georgetown. A Reagan appointee, he is currently the only Democrat on the Board. He has earned respect withlabor, management and colleagues. DeVaney toldof how the other Democratic members ofthe Board have been defeated in reelection because ofthe National Right to Work Lobby, even though President Bush hadrenominated them. Presently, thereare 4 filledpositions on the Board with one vacant. If Clinton wins in November, within hisfirst six months he wdl have the opportunity to replace 3 outgoing Board members (each memberserves a 5 year term) and the General Counsel. It islikely that Clinton would promote DeVaney to Chairper- ... japfV /Tl *°*" s mnmk nagg^ fir [Dig 6 The Opinion September 30,1992 1 I r*r r7li «f^]^ ' �THE BUFFALO-KRAKOW CONNECTION by MichaelRadja vitch. Business Manager There aretwo new faces at UBLaw this semester, those ofvisitingProfessors Andrzej Szumanskiand Jacek Klich, botho fwhomare versifyprofessors. Professor Szumanski received a Masters ofLaw degree in 1980,after completing a Faculty members at Jagiellonian University in 150-page masterthesis andpassing the Krakow, Poland. Theyare here as participants He haslargelybeen involved inteaching since in an exchange program now in its second then, but hasalso maintained continuousconacademic year,and are teaching theEuropean tact with the private practice community. He Post-Communist Countries inTransition: Legal passed the requisite juridical exam in 1983 and Economic Aspects seminar. after working inaKrakow court for two years, Jagiellonian University, established in an experience whichalso gave him the basic 1364, is the second oldest university in Middle qualifications to beajudge in Poland, should Europe and theoldestuniversity in Poland. The he desire togo that route. Professor Szumanski law school, currently at the very top ofthe was therecipient ofaMax Plank Instituteoneranking lists, was established for thepurpose of year scholarship, has been involved in extraining Medieval lawyers and administrators change programs at Oxford and The Hague, whoweretothenhelprunthegovernment The participated inbusiness courses in Japan, and multi-discipline faculty exchange program continues to work with the Parker School of with JagiellonianLJniversity was developed Foreign and Comparative Law at Columbia. He has also been an advisor for the Foreign primarily by Steven Dunnett, Associate Provost for International Education, and John Trade Ministry in Poland for four years. He Thomas, Dean oftheUB School ofManagecompleted his Doctoral thesis and exam in ment. Both visitingpro fessors arealsoworking 1986 and is currently working on the thesis necessary to become a Habilitated Ph.D., the on a student exchangeprogram, whichis cureducationalrequirement to become a full Prorently in the developmental stage. Professor Szumanski is an Assistant fessor in Poland. Professor of Law, as well as the Chair of Professor Klich is an Assistant ProfesBusinessLaw, at Jagiellonian University. His sor at the Jagiellonian University Institute of interestsinclude the areas ofbusiness organi- Economics, where he hasbeen teaching since zation, securities, and comparative law as it 1982. He is particularly interested in therole relates to the business systems and civil law ofsmall businesses withintheU.S. economy structure in Eastern Europe. Professor and the tools used by the Federal and State Szumanskialso servesas a consultant for one governments in orderto promoteand protect ofthe "older" law firms in Krakow, a firm such businesses. It is veryimportant, from a established in 1990;law firms in Polandhave Polish perspective, to discover ho w oursystem been set up only very recently, with Polish works because a similar model for use in scholars beginning to doso in 1989. He feels Poland must be developed in the near future. that sharing his time between academia and Professor Klich stressed that this is the only practice is quite beneficial for his academic waytocreateaFreeMarketEconomy. Healso career as it provides him with much more works as aconsultant fortheKrakowbranchof practical experience thathe is able to share in a private consulting firm and has close ties a classroom setting. He added that such a withtheKrakowIndustrial Society,an organipractical approach is particularly useful in zation ofthe owners ofprivate businesses in Poland because thecivil law systemwas origi- Krakow which servesas alobbying group for the development of small businesses in Ponally developed, albeit indirectly, by universities. The statutory laws were written by a land. governmentcomprised predominately ofuniProfessor Klich, who completed his exam. Ph.D. in 1988, is try ing to establish abusiness school at Jagiellonian University. In striving toward this goal,he is working on thetransition fromeconomicsto business, specifically strategic management, because he believes Poles are generally lacking in management skills and thattherole ofa good manager will be of the utmost importance in the very near future. He has already developed an introduction to business course and is currently preparing an introduction to management course. Pro fessor Klich also has close links withthe School of Public Health at Jagiellonian University and will beteaching managementrelated subjects upon his return to Poland this winter. When asked to compare Polish and American students, bothprofessorsresponded by describing Polish students as much more passive andreserved. They saidthat American students were more at ease and not afraid of interrupting in order to ask questions, a situation which they bothseemed to prefer. Professor Klich statedthatAmerican studentsinter- estedin a fieldare "greedy" forknowledge, in a very positive way, and seems to think this is due to the fact that our education is more ofan investment for usthan for Polish students. He added that there is less incentive in Poland because all students aretreated the sameby the economy; theyall endup unemployed. Working here in Buffalo has givenProfessors Szumanski andKlich a chance to analyze American law, come to a better understandingofAmerican attorneysandtheirmethodology, and theopportunity to workwithmore extensive andcomputerized library facilities. However, the exchange has definitelybeen a twc-waystreet. Both men have givenas many practical examples to their students as they canandhave conveyed as much informationas possible. They have also made it clear that Poland is waiting forAmerican investors, and thatthe currentrole ofEastern European lawyers is primarily that ofinventors ofinnovative solutionsforproblemswhichhave never before been faced. HAITIAN REFUGEE TASK FORCE The Asylum and Refugee Legal Clinicis forming a task force to address the legal needs ofHaitianrefugees thatare resettling inthe Buffalo area. Students are needed to interview clients and help prepare asylum applications and affidavits that will be forwarded to volunteerattorneys. This task force ispartofa national program sponsoredby theNational Immigration Projectofthe National Lawyers Guild. Lawstudents who are willing to go to Miami for two weeks over intersession and Spring break wdl assist Haitians who have been "screened in" from Guantanamo Bay orheldindetention. Advocates will help prepare asylum applications, or prepare clients for interviews or hearings. Some financial assistance may be available to cover travel; room and board will be provided. Obviously, students wishing to take part in the Miamiprogram would benefit by participating in the task force here. Students will be expected to work withone client, interviewing forapproximately six to eight hoursoverseveral meetings, preparinga draft application and affidavit, andresearching fordocumentary evidence which supports the client's story. A training meeting is tentatively scheduled for Monday, October 12thfrom 7to 9 pm. Interested students cancontact Bonny Buder (Box 62 5), Laura Vasquez (Box 822), SaraHewitt (Box 679), or leave a note forKaren Spencer in the Clinic, Room 507. MPRE LECTURE PRESENTED BY STANLEY B. CHESS, Review BAR/BRI Bar President, * More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). LWtkVliXfltl BAR REVIEW 1500 Broadway. New York, NY 10036 (212) 719 0200 • (800) 472 8899 • (201) 623-3363 (203) 724 3910 FAX: (212) 719-1421 20 Park Plaza, Suite 931. Boston. MA 02116 (617) 695 9955 • (800) 866-7277 FAX: (617) 695-9386 • • • ESQ. jAT _ fttiWdlfN mmmmmmmmm^mmmMmmmkmma Date: H1 » fj f*p wI % \1 ma. Tl xIUHk I f)Url * 2. PIA ■* "*-, |0 Q) _________— |\OO*A ■■■■■■■■■■■■■■■■■■■■■■■■■i^i^M September 30,1992 The Opinion _^^_^__^__^^^__^__^ 7 �J (21)79-02 Indivualze ReMvPiRwE Clinc™ BAR/BI BAR/BI Atorney moMnerio Min-Revw Comprehnsiv, Coverage BAR/BI MMultisae odel 250 Grade answAenrciuor c o u r s e York's V o l u m e E s a y s M u l t i s a e E s a y s — M u l t i s a e W o r k s h o p A t e n i o A n s w e r s (80)472-89 150 Largest MWorkshop ultisae Volumes Condesing Concise Multisae includes: O u t l i n e s Question Broadwy, Most (201)63- REVIW P1036 ersonalizd FRE. Arthur - Gilbert tuion: GPiillbhoeplrt review recive: When (203)74-910 Reviw (Regular Miler (Regular (Regu|ar $t1ui9o5n.:)courseDISCOUNT register ■ ■ ■ ■ ■ ■ ■ than Essay ■ & New York, _ NY Bar Course FAX: (212) 719-421 The 19 3 BAR/ I Reviw ■ FRE The FRE TneThQ Multisae + t$75.ui on:)CPLR tui on: $325.)Exam Min-Revw 19 5j Ne„Mmw YorVnrkf , EssC,aeMyI BAR/B ■ ■ sl|dent Workshop Law of and ■ „ You a bar (Your $200 J. tui on. the off $1395 For just of B A R / l ' s t h o u s a n d e x p e r t s your audiotape BAR/ I c o u r s e l e c t u r s . BAR/ I studentvideotape lectur s can was BAR/ I directly. are. go d," exam BAR/ l's students repsntaive, sampling rave trie i d e a t h e law, for f r e e ask write the the REVIW first or return, stop time, you on e x p e r t s l e c t u r s a b o u t yourself typical on are the for a of you'l by the of the this bar find out is and In e„nro| YorNewk you bar \fcakreview the for ffatcourse. BAR/B I —^ 11 f "I or to REVIW </ q u a l i t y e x p e r t s Ev e r y l e c t u r i n g . h o w had displayBAR/ I your com ent. no on year, our BAR you y AdvafntHltoge earful. tablecourse, own goodNow, and BAR Bar ■ all $ an Largest Personalizd The get Nation's Most BAR The on With ■ ■ & All and ■ More New New NewExpert than York York York 100 Topics All & A New ■ Mo r e With Q / Belivng HearinBgAR/ I With wr \ \ v � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-09-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/30/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/295e0e12f4bd2246c855959d9ebf972d.pdf 18773070f82dd3c72892ebe94f742166 PDF Text Text Volume 33, N0.3 THEOPINION STATE UNIVERITY OF NEWYORKAT BUFFALO SCHOOLOF LAW September 15,1992 Graduate Assistants Win Battle in Labor Dispute by Kevin P. Collins, News Editor ThisAugust, SUNY'sOfficeofUniversity Relationsreleased a statement saying the State will not pursue a further appeal against the right of graduate student employees to unionize. This finally allowed The Graduate StudentEmployees Union(GSEU) theright to unionizeGraduateAssistants(GAs)andTeach- ers' Assistants (TAs). TheGSEU is an independentlocal ofthe CWA(Communication Workers ofAmerica) and is Local No. 1188/AFL-CIO. The presidentoftheGSEU is CarlMontgomery, whois ateaching assistant in theEnglish Department as well as a Ph.D. candidate. The union movement on the UB Campus began in the early- to mid-19705. TAs at SUNY Buffalo attempted to form a collective bargaining associationandobtained therequisite number ofsignatures to go before thePublic Employees Relations Board (PERB). In 1979 the GSEU was formed and the inception ofthe state-wide movement to unionize TAs and GAsbegan. It should be notedthat public employ- ees, suchas GAsand TAs, do not fall within the jurisdiction ofthe NationalLabor Relations Act but instead are controlled by state law, in New Yorkthis isknown as the TaylorLaw. In thespringofl9B4,theGSEU joinedtheCWA and went before the PERB with a sufficient "showingofinterest" Originally, Research Assistants (RAs) were to be included in the GSEU, but SUNY opposed theinclusion of RAs and the GSEU therefore restricted the bargaining unitto GAsand TAs. The PERB officiallyaccepted theGSEU petition in September of 1985. On September 3, 1987 a PERB Director made an initial determinationthatgraduate studentemployees do not have the right to bargain collectively. This ruling was based upon his belief that although graduate employees are employedby the state, their employee status is contingent upon their status as students. GSEUappealed to thefull PERB Board. The Board wasunable torule because one ofits three seatswas vacant and theremaining two seats were spliton the ... Graduates, continued onpage 6 ILS and BELS Sponsor Colloquia by Tracy Sammarco f Staff Writer On Wednesday, September 9, Susan Tanner, Esquire, addressed interested members ofthe U.B. community at 4:00 p.m. in O'Brian Had. Tanner is theExecutive Director ofFriends ofthe Earth (Ottawa, Canada branch). She was invited to speak by the Buffalo Environmental Law Society. The presentation was a part ofthe Colloquium on International Law and Organizations: Focus ontheEnvironment anon-going series offered by theßELSandlLSthisyear. Tannerwasthe firstoffour speakers whowill beaddressing the faculty and student ofU.B. onissues ofenvironmentalawareness. Tanner, whoreceived herJ.D.from York University, is concerned with the interrelationship ofwomen' s rights, humanrights and theenvironment. She isactive in theWomen's Legal Education Action Fund, but limitedher comments to herconcerns as Executive D irec- Susan Tanneraddresses a number of U.B. Law Students. torofFriends ofthe Earth, Ottawa. Photo: Paul Roalsvig Friends of theEarth, according to Tanernments toUNCED. ner,is anNGO.ornon-governmentalorganizaOfPresidentßush, Tanner saidhewalked tion, which has a membership of47 countries worldwide. The organization wasfounded by in, "...a bitlike a Rambo...(he was) the tough environmental activistDavid Brower after he guy, the cowboy. Youcouldhave had Reagan was asked to vacate his leadership position there, too." She objected to the dictatorial with the Sierra Club. FOE was designed by stance she felt that Bush adopted. Tanner Brower tobeboth internationaland political, concluded thatBush waffled on the issue of two traits he felt the Sierra Club was lacking. going to Rio in order to draw the public's Tanner gave every indication that FOE has attentionaway from environmental issues; she felt that his indecisiveness was diversionary accomplished what its founder had in mind. At the United Nations Conference on tactic. Tanner feels the timeis ripe for mov ing Earth and Development in Rio de Janero this past summer, Tanner felt that itwas the large away from the paradigm ofpower. EnvironcontingentofNGOs, and not the represented mental issues are so pressing that "We're governments,whomade theconference worthfacing the point where something has to be while. She said, "We didn't get what we done.'' Sheregards industrialized nations as having systematically "plundered other naexpected..but we didget somethings fornongovernmentalorganizations." Specifically, tions to further theirown interests. Tanner said Tanner cited the opportunity to network with that third world countries will never benefit other organizations as something FOE came from (lie trickle-down theory ofeconomicsand away from Rio with. Tanner indicated that development. Moreover, theU.S., in Tanner's many g<wernments were morec( mcemed wi tli eyes, isalready showing the signsofthe widening gapbetweenrich andpoor. She regards appearances and less concerned with achieving definitegoals in theinterest oftheenvironthe differences in of the Canadian and A merican go vapproach ment. Tanner focused on GSEU President, CarlMontgomery, isaPh.D. candidate in theEnglish Department. Photo: Paul Roalsvig matter. Eventually,onOctoberB,l99l,more thefirst and thirdworlds as existingsideby side in the! IS. today. For Tanner, neither capitalism norcom- SBA Election Results byJoeA ntonecchia Everwonder howmoney isallocated to the myriad student organizations in theLaw School?Or how studentsare givena chance to formally voicetheir opinions concerning administrative proposals suchas cutting downthe class sizeatUBLaw, or decisionslike moving thestudentmadroom? All thisactivity and more isthe responsibility ofour student government, comprised ofa group ofdedicatedlaw studentswho worktypically eight and tenhours aweek to ensure thatindividualand organized students haveempowerment and influence in thelaw schooland greatercommunity. The turnout for SBA class directorelections heldlast week was well over 50% of the student body, amarked improvementoverlastyear's participationrates. The contests in thefirstand secondyear classes wereall verycompetitive, withsome directorswinning by justahandfulofvotes. Indeed, twosecond-year students,Bryce Baird and Joel Sunshine, garnered 50votes each,forcingarun-offelection to beheld this Wednesdayand Thursday. Theresults also produced sizable mandates forthe return to office ofsome veteran SBA directorsfromlastyear: ScotFisher, Mikeßadjavitch and ScottRudnick from the thirdyear, andKevin Collinsand Sarah Schwartzmeyer inthe second-year class. SBA President Bdl Trezevantsaid thathe islooking forward to working with whathebelieves will be "agood group ofdirectors." In ameeting this week,the SBA will decide on when toholdan election for SBA Vice President whichis currendy thesole vacancy onthefour-member Executive Board(Executive Board elections forPresident, Vice-President, Secretary andTreasurer, are held at the end ofthe spring semester). The SBA ClassDirectors for 1992-1993,withtheirmailbox numbers, are: for the First Year,Patty Campbell, Box 35 7;Adeline Goldman, Box 39 7; PaulBeyer, Box 3 34; Gwen Carr, Box 3 61;MarcPanepinto, Box 486;and ChristinHorsley, Box 410;for the Second Year,Kevin Collins, Box 630; Sarah Schwartzmeyer, Box 806; GarySimpson, Box 792; Joeßehuck,Box 616;andChandy Sweet Box 807;(Bryce Baird,Box 608,and Joel Sunshine, Box 805,bothreceived 50 votes, and will have a run-off election on Wednesday and Thursday); in the Third Year, Lara Greco , Box 113; Scot Fisher , Box 88; Michael Radjavitch,Box 212;GeoffTager, Box 2 57; ScottRudnick, Box 225;andNancy Johnson, Box 206. Congratulations and goodluck to all! munismhasprovedworkableinthecontextsof environmentalism and humanism. She believes that the system needs complete overhauling. "A lotofthingswetake for granted shouldn't be takenfor granted.'' Sherefered to a shifting in valuesand priorities as a means of making change. Tannerclaimed that the law that students are learning now will not serve them well when they leave the academic setting. She said law codifies values and valuesare shifting. "We're intransition", she said. She closed by writing, "OPPORTUNrTYISNOWHERE"onthe board andasking the audience how this statement might otherwise be read. She suggested that we might address itanotherway,' 'OPPORTUNITY IS NOWHERE." HIGHLIGHTS SBA Run-off Election Commentaries and Editorials Bridget's Blotter Docket 3 4-5 6 7 �I ° REGisTRAri N must 11/l/yZ I ■ II I ■ H . —•*( W7TI# IWE )*�|H| hj HiPHiin ■ IHhI Hlw I CPPPTBT ■| yrnyiril| H I! |CP ill J|||T Law student's discount of $200 will be deducted from the cost of $ 1,300 for any student still in law school who registers lor the Pieper New York Multistate Bar Review Course by November I. 1992. ■ ■ I The Pieper Course Includes: BH * H[ Complete lecture * Multistate Practice writing H * and Exam J^m mM + Multistate Professional fl| Responsibility Exam � Multistate Volume I + New York Law jH w * Volume Professional Responsibility l/UO /ri JuFlll I WM H Itptr O CJfIQQ duidnnCP 111-\JlUdd UUIUUtILC For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. ■ The Bar Course That Cares. i^H fIH 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (Sl6) 747-4311 PIEPER REPS.: �LAW STUDENTS FOR CORPORATE ACCOUNTABILITY by Kevin P. Collins, News Editor Law Students For Corporate Accountability (LSCA) was created inthe Fall Semesterofl99l by 2L JoeBelluck in order to bring awareness to students about corporate and white collar crime. The group aims to focus attention on therOle corporations have in shaping our legal system and our society. Injustoneyear, LSCA has accomplished much. Perhaps most significantly, LSCA has been successful in achieving its goal ofcreating a whitecollar crimecourse. Thanks to the lobbying efforts ofLSCA ontheadministration crime. The group would like to see a legal perspectiveand awareness focussed more on crimes committed by corporations intermsof financial damage,injuries and deaths than by individuals. AsJoe Belluck explains,' 'Onany otherissue, being anti-crime doesn'traise an eyebrow. Just mentioning 'corporate crime' arouses suspicion from the Vested interests."' As an example, he cited to the recent S & L Crisis and environmental crime being more damagingand costly to society than individual cases ofcrime suchas muggings. The group hopes to makepeople and corporationsaware Run-off Election for SBA SecondYear Class Directors Bryce M. Baird Joel Sunshine Because ofa tie in the general election for thelast Second Year seat on the Board of GROUP SPOTLIGHT wdlbe a series featuring a differentstudent group each issue Director!!! Althoughldonotwanttotakeup Directors, JoelandI haveanother opportunity your time going through too many specifics, to explain why weboth want to be elected tothe likeRichie Cunningham usedto (" Issue #22: board. As I explained in thelast editionofThe Angledparking spaces!!"), Ido wanttomenOpinion. I would like to see the SBAassume a tiona few issueswhich I am looking forward to higher profile in the school. I believe the SBA has an excellent opportunity to dojustthatthis working on ifI am elected to the SBA. Something has gone awry at UB Law year because ofthe changes that have taken School. We have a talented student body place withinthe administration. Ifthe SBAcan even ifwe judge ourselves by the "superfidemonstrate that itis a qualified, competent cial' ' factors such as LSAT (\JB average: 39) representative body, then I believe it can soand undergraduate GPA (3.4),werankamong lidify andenhance itsrole as the student voice the top schools in the country. We have a in administrative decision making. talented faculty. Our price tag is almost $ 15,000 cheaper than our competitors, even Another importantaspectof SBA is the cheaper ifyou factor in the difference in cost- allocation offunds to the differentlaw school of-living expenses. Talented students, tal- organizations. These organizations have the ented faculty, inexpensive price tag. What potential for really enhancing the image ofthe school, as evidenced by the recent honor more could one want in alaw school? recievedby theDomestic ViolenceTaskForce. Why is it then, that inpollsofrecruiters Well funded student groups are important to frommajorlaw firms throughout the country, thislaw school,andas a director,I wouldfry to UBranks around 160th? Although 91% ofour increase theamountoffunds generally availLSCA Facilitators, fromleft to right: JoeBelluck, Chris Runge, Denis Bastible, Mike 1991 graduates found employment of some able. Joyce, JoeAntonecchia. kind, howmanyofthose wereturneddown from Photo: Paulßoalsvig jobsin major law firms in New York City and Finally, the Second Year students have WashmgtonD.C.thattheyhadpreferred? Some already elected five excellent well qualified and to Dean Boyer, in the Spring Semester of oftheroletheyplay in American society today. say that UB suffers because of its basis in directors. believe that I could work wellwith I 1993there willbeanew courseoffering for2Ls To this end,LSCA hasjustrecenfly donateda Public Interest Law, however, ÜB's Public those already on theboard towards reaching the and3Ls- -''WhiteCollar Crime to betaught lot ofcareer guides and books to the Career Interest Law Program should be a strength. goats I have already mentioned. Ihopeyouwill by Professor Tinker. In addition, LSCA has DevelopmentOffice and the library. Make itreason number four talented stugiveme the opportunity. Lawstudents whoare interested in join- dents, talentedfaculty, been featured in the ABA Student Lawyer inexpensiveprice tag, Magazine.hasbeenthesubjectofastoryinthe ing LSCA will receive a perspective on the nationally-respected Public InterestLawPro"Corporate CrimeReporter" and ishelpedby legal system thatthey willnot get from most gram. We shouldbepublicizing ourstrengths this time is that ifelected to the SBA, I wdl Ralph Nader who is encouraging law students classes. Students will learn ofthe effort of so that everyone in the entireAmerican legal look into all the issues involved with this across Americatoform similargroups ontheir corporations to shape how ourlaws are admin- communityknows about us. Is P.R. such a proposed actionand report back to the student campuses.LSCA also helped theDunlop strik- istered through undeimining efforts such as ' 'vain thing that we should notpromote our bodyforyour input. erslast year,attended an organizing meeting SLAPPs (Strategic Lawsuits Against Public school? Our school is at a crossroads. The There are many other issues I hope to for a labor party in the US, helped support Participation) and TortDeform efforts tore- faculty and administration have not takenthe address along with the otherSBA directors ~ shape Products Liability law to insulate com- lead in thisarea. Theydo not have toreport to increased funding for enactment o fan item pricinglaw, andparticiourCareerDevelopment pated in a panel discussionby the Association panies and tomake harderortakeaway oppor- Trustees or Alumni nearly as muchasthose at Office to bring it up to par with other law ofTrialLawyers on Tort Deformon Campus. tunitiesforinjured plaintiffstorecover through private schools. The students,therefore,must schools, increased communication with firstLSCA hasfour goalsfor this upcoming the legal system. Students whoare interested initiate appropriate changes, and the SBA is years beforethey arrive on campus (remember schoolyear. ThefirstistoorganizeaCorporate in joiningLSCA may contact its facilitators, the vehicle by which to do it howlost wewere),moreroomandoffice space CrimeFightersDay. The groupplans tobring 2Ls JoeBelluck (Box #616) orJoeAntonecchia Another issue I wantto investigate is the for students, faculty, and student organizain four speakerswho either prosecute corporate (80x#603). LSCA'snextmeetingwillbethis rumored one-thirdreduction ofthe law school tions, andensuring that thelaw school'srights criminals or who are involved in Corporate Thursday, September 17 at 4:00 p.m. in the studentbody. Now, I am as fiscally conservaand power are not being taken away by other Accountability lobbying. This will also in- FirstFloorLounge. tiveas anyone, but, isit in the best long-term departmentsandschools withinthe university LSCA encourages students to jointhe interestsoftheonly public law cludea panel discussion, to be followed by a school in New (e.g.whydon'twecontroltheMootCourtroom group and to help in its efforts in bringing York State to eliminate an question and answer session and then interentire section of anyway?). awareness to andtaking on corporatecrime. As incoming first-years? Oristhis just viewsfor summerjobsofferingstudents posIn order to conclude this statement I a band-aid sibleemploymentandagood way tonetwork. JoeBelluck stated, "The big battlesofthenext solution to solve our current financial probneed another hoakie campaign slogan. How decadeare going to beover corporateefforts to lems? don'thave a Second, LSCA intends to doa study ofcorpoat this I definiteposition "For a BRIGHT future for UB Law about weaken theability ofourlegal system tohold time on this rate connections withlaw school textbooksissue, although at first glance I School, vote for JOELSUNSHINE! f" (I'm i.e.how manyauthors oflaw school textbooks them accountable. Corporations feel confi- obviously don'tlike it What I can tell you at gonna milk thatname thing forall it's worth.) eitherwork orlobby for specific corporations. dent that they can control thelegislativebranchThe third goal ofthe group is to establish a and the executive branch- a-la-Reagan-BushCorporate Accountability Summer Student Quayle. It is the judiciary that scares the The office of Judicial Affairs is seeking interested law Internship, to befundedsolely by LSCAthrough corporations. And that is why in the area of students to be prosecutors for the University's disciplinary nwney-raisingeffortsanddonations. Thegroup torts,contracts,civilprocedure, criminallaw, law, to do a andconstitutional corposummer property rights plans to fund one law student court, the Student-Wide Judiciary. The position entails internship. Lastly, LSCA will step up its rations are attempting to shift theselaws to be representing the University on disciplinary matters. Apefforts in spreading and establishing similar less adversaria] to theirgoals. They are doing this throughthe very institutions thatshould be groups on a nationwide basis in other camproximately 10-15 hours per week will be required. Work supportingthe strengtheningofour laws- law puses. study is available. Deliver resumes to Capen Hall 405. LSCA, according to group founder Joe schools, the Al-I and think tanks." Welcome to Round Two ofthe Student Bar Association'selection for 2nd Year Class -- - - Belluck, is not anti-business, butrather isanti- September 15,1992 The Opinion 3 �Opinion Mailbox Sexually Healthy Heterosexual Begs to Differ Volume 33 No. 3 September 15,1992 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Vito A.Roman Saultan H. Baptiste Michael Radjavitch Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: GarySimpson PhotographyEditor: Paul Roalsvig ArtDirector: BillKennedy StaffWriters: Tracy Sammarco, W.F. Trezevant Contributors: Joseph Antenecchia, JosephBeUuck, Andy Kehrer, Robert M. Kitson. LathyKorbuly, Srikantßamaswami EDITORIALS Afterthe "Pot-Hole" Senator's Seat D'Amato is waiting and watching to see who will try taking away his coveted seat in the United States Senate. The victor in today' sDemocratic primaryrace will determinethe type ofcampaign he will have to mount. If the polls are right and Geraldine Ferraro wins, brace yourselves for some viciousmudslinging. If, on the other hand, New York State Attorney General Robert Abrams wins, D'Amato may have to be a bit more resourceful in extolling his virtues while concealing his past shady dealings. Likewise, a victory (upset) by New York City Comptroller Elizabeth Holtzman, the "squeaky clean" candidate (as she refers to herself in her television ads), would be equally troublesome for the man who is commonly referred to as New York's "pot-hole" senator. The maverick Reverend Alfred (" Al") Sharpton isalso taking a shot at the seat, but stands the smallest chance. The old adage goes that for want of a nail the horse was lost. Today we should say that for want of a voter, the election was lost. Americans have few choices because few Americans vote. The few who vote monopolize the decision making process, and those who don'tshould not complain. American elections are poorly attended, and primaries even less so. So, if you're a registered Democrat, get out and vote. Who Protects OurStudents? The recent savage attack upon a UB student recalls bitter memories in every UB student's mind. Even those too recently arrived to rememberthe death ofLinda Yal em remember some other crime perpetrated upon another hapless UB student on or around the UB campuses. When will security act? What is theuniversity'sresponsibility to its students once they step off the campus grounds? These are not simple questions, but they need immediate answers nonetheless. Students are increasingly facing danger on and off campus, but neither the administration nor campus security are giving anyone reason to feel any less apprehensive. Some students have taken it upon themselves to patrol the streets around the South campus during the late hours of the night. This is a good start. Shouldn't the university also step up its patrols? Or at least insist that the City ofBuffalo step up patrols in what has become a high crime zone? Students deservea safe place to live in. The university contributes substantiallyto thelocal economy. Theleast the City ofBuffalo can do is to provide a community in which students do not have to fear for their safety. Copyright 1992. The Opinion. SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpress consent oftheEditors. The Opinionis published every two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState University ofNew York at BuffaloSchool ofLaw. The views expressed in thispaper are not necessarily thoseof theEditors or StaffofTheOpinion. TheOpinionisanon-profitorganization, thirdclasspostage enteredatßuffalo.NY. Editorial policy ofTheOpinion isdeterminedby theEditors.The Opinion isfunded by theSBA from StudentLaw Fees. The Opinionwelcomesletters to the editorbut reserves the right to editfor length and libelouscontent. Letters longer than three typed doublespaced pages will beedited for length. Please do not put anythingyou wish printed under our officedoor. Submissions can be sent viaCampus or UnitedStates Mail to The Opinion. SUNY AB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260(716) 645-2147 or placed in law schoolmailboxes 223 or 611. Deadlines for the semester are the Friday before publication. The ideas expressed inthe "Letters to theEditor" and on the commentary page are not necessarily endorsed by theEditorial BoardofThe Opinion. 4 The Opinion September 15, 1992 To the Editor: Tracy Sammarco' s articlemy ourlast issue about thebreast-baring movement isawonderfulexampleofhermetic feminist ideology run amokand passing itselfoffas truth. Her basic premise, that the female breast is as aresult ofsocial construction a '' sexualized object which maybede-sexuahzed by familiarity, is wrong on two counts. First empirical evidence and various sexual studies (the Kinsey Report, etc.) demonstrate thatmany women find breast stimulation sexually pleasurable, so much so that some womenneed tobe reassured that they are normal whena nursing baby stimulates these feelings. Second,agreateracquaintance withpornography and withreal people's sex livesmightenlighten Ms. Sammarco as to the many ways inwhich sexually creative menand women, even those withfrequentexposuretonaked breasts, employ thebreasts towards their mutual sexual gratification. That the female ankle is often exposed in public does notreduce itsappreciation by normal, sexually healthy heterosexual men and lesbian women. I wouldalso note that insecurity regarding one's abdity to measure up toaphysical ideal isnot exclusive to women. Advertisers would knock on Mcl Gibson'sdoorbefore mine werethey seeking to replace Jim Palmer in their underwear ads. Unlike many feminists, however, mostof usrefrain from transforming ourpersonal insecurities into the wholesale sexual repression ofothers. While you're banning pornography and advertising thatidealizes thefemale form, shall I ban romance novelsand soapoperas that idealize the perfect man? Why is male fantasy to be eradicated, and only female fantasy acceptable? Sounds sexist to me. None ofwhich is to say that I disagree withthe CourtofAppeals decision orwith the bare-breasting movement. I'm all for it although not for thereasons Ms. Sammarco is. I've got to admit that it's awfully nice when there's a rare conjunction between feministideology and completely normal male desires. Generations fromnow, healthy male heterosexuals will stillbe admiring Pandora from her breasts down to her box, whether those breastsare ordinarily publicly exposed or not. All I can say is, yum. John Cody, 2L COMMENTARY: Thinking the Unthinkable About the Rodney King Case: Was the Jury Right? byAndyKehrer In dieAmerican criminal justice system the criminal defendant gets the benefit of many procedural andcv identiary safeguards. Themost importantprocedural devicethe criminal defendantbenefits from isthe presumption ofinnocence. All men orwomen accused ofcrimes sit before the juryas innocentpeople. Theaccused defendantcan only beconvicted ifajury ofhis peers, after hearing all the relevant evidence, is convinced of his guiltbey ondareasonable doubt. The reason that our system extends such protection to the defendantis simple. If convicted, the defendant may be punished in sucha way so as to deprive him othisliberty, property or even his life. These are "inalienable rights" to which all Americans are entitled. The criminal justice system therefore grants the defendant procedural and evidentiary safeguards so thathe wdlnot bedeprived ofthese precious rights withoutdue process ofthe law. When discussing theRodney King case, many people tend to disregardthefact that the four police officerscharged withbeating Mr. King were the defendants. Itwasthey whostood to lose theirjobs, careers, and liberty ifconvicted. It is they whoreceived the full range ofrights provided by the criminal justice system. At the start ofthe trial eachmember ofthe juryhad to presume thatall four police officers were innocent. Each jurorhad to look at each defendantand say' 'There sits an innocent man." Any prospective jurorwhohad doubts as to the innocence ofthe accused police officersbefore the trial could not beallowed to sit on the jury. Only after twelve unbiased jurors were selected could the trialbegin. Obviously, the most damaging piece ofevidence to the defendants was the now famous amateur video which showed the defendants beatingKing whilehelay helplessly ontheground. Mostpeople who saw thevideo were shocked by theverdict Itwassoobvious the police had used excessive force- how could thejuryrule as it did? Many people cried racism. Yet others took to the streets and committed senseless acts ofviolence against lifeand property. None ofthis craziness helps answer the really pivotal question in the case: Was thejury verdict right? Thejury based its verdict on the seven weeks oftestimony it heard, not on the 30 seconds ofvideo tape whichwas shown overand overon thenightly news. MostAmericans were not aware ofthe specific circumstances whichlead up to the arrest and beating of King. To put oneselfin theplaceofan impartialjuror is difficult ifnotoutrightimpossible. However, onemust look at the overallpicture, not the media's portrayal ofit before one can try to see the case as the jury did. The policefirst spottedKing as he spedbya radar trap. The police triedto pullhim over but herefused and led them on an eight mile, 100mph chase downtheLos Angeles freeway. He then exited thefreewayand continued the chase,running stoplightsand signs at speeds of60-80 mph. A fter hefinally pulled over, the two black passengers riding with him followed police instructions, lay on the ground in the prone position, were frisked, arrested and laterreleased. ...King, continued onpage 6 - Corrections An article entitled "Massive First Year Class Result of Tenure Dispute" in the August3l,l992 issue ofThe Op inion erroneouslyreported thatthe suitinstituted by Professor Blum against the law school had "survived" a motion to dismiss. In actuality. Professor Blum's first complaint was dismissed with leave to amend. Hisamended complaint is what is now before the court. - In that same issue, Bryce M. Baird, a second year law strudent, was incorrectly identified under the photo accompanying his SB A candidacy statement as a first year law student. �Trials Features Editor By Natalie A. Lesh ' 'Sticks and stones may break mybones hilation ofthe spiritwhich accompanies the but words will never hurt me." violenceagainsttbebody. Itshouldcapture I haveno ideawhenthis well-known theessence ofhelplessnessand dependence, advice was first given, or by Whom. offearandhatred,ofdisgustand disillusionActually, I am not as interested in ment and ofpainand distrust. The implications of a lighter, less discovering who is responsible for the statement as I am in understanding the harsh use ofa word like "rape" is widereasoning which could have enabled spread. It allows the perpetuation ofthe someone to arrive at such a blatantly false repugnantbeliefthatarape victim deserved to be raped or was somehow at fault. It conclusion. Words are probably the most encourages society to hold women hostage damaging weapons one person can use to acertain type ofappearance or conduct. againstanother. The woundswhich words It dictatesthe continuation ofstagnant rape are capable ofinflictingare more extensive laws. It permits thetolerance of such outand devastating than those which result rageous violence. And it promotes the fromamerephysical blow. Intimethebody silence-the deadly silence- ofwomen who will heal itself, but the mind, the target of have beenrapedand whoare afraid to face ourwords,isnotso resilient Timebecomes the blame, the inquiry, orthe sympathy of irrelevant. thosearound them. that It is in this subtieway that words can I am sure these are not new to are revelations anyone- they certainly hurt. By cutting to the very heart of the not to me. I have always believed that the concept represented by a word, meanings power oflanguage cannot be overstated. are altered, perceptions are changed, and Each timewechoose onewordoveranother feelings are dulled. Itmay be thatthis is the ... a lighter, less harsh use of a word like "rape" ... allows the perpetuation ofthe repugnant belief that a rape victim deserved to be raped or was somehow at fault. in order to express an idea or thought we makea conscious decision to use thatparticularword. However fleeting thedecision may seem, we mean to use every word whichpasses acrossourtongues and through ourlips. Thewordsareinseparablefromthe concepts whichthey represent eachwordis a concept in and ofitself. Even a slight change of one word can alter the entire meaning ofa statement Given the tremendous impact of words, then, whyisitthat we are not more careful in choosing thembefore we speak? Lestthere be any confusion,I am not referring to the words which we use as "labels," and upon which the political correctness movementhasunyieldingly focused. While I do believe that they are indeed importantand, as those who know me willattest am somewhat preoccupied by the girl/woman/ladydistinctionmyself, there are more critical battles to be fought I am referring in particular to the use the word of "rape." Say it. RAPE. It is a short succintno-friUsword. Its meaning should beequally sharp. However.its usage has hadthe unfortunate effectofsoftening the meaning, the impact and the very conceptoftheword' 'rape.'' During the past few weeks, I have heard severalpeopleusetheword' 'rape to describehowa certain situation madethem feel. In one instance, amale attorney stated that the recent theft ofmoney from his car made him feel likehehad "beenraped." In another instance, a male recounted to me how thecompany heworksfor' 'rapes'' its employees. lamsurethatyougetmydriftwe have all heard, and maybe even made, such comments. goal- to negate theharsh impactoftheword "rape." Butsuchanattemptcanonlybein vain. Rape is a reality, and the hideous nature ofthe crime cannot and will not be concealed through avoidance. The negative effects ofthe inappropriate usage ofthe word "rape" are not irreversible. Recovery is a distinctpossibility. Yetsuchrecoverycannotbesuperficial- like the damage to the mind, soul, and spirit which accompanies rape, the damage to ourconceptions ofrape is extensiveandrequires careful handling. It will notbeeasy; thefear ofconfronting the truth aboutrape willlinger, attempting to dragus toward the dark, musty comer of self-imposedignorance. COMMENTARY: Tort Deform in the Classroom by Joseph Belluck - This past May, John Vargo a trial lawyer fromIndiana and Editor-in-Chiefof MatthewBender'sProductLiabdity Practice Guide ~ sounded thealarm about acorporate campaign to make the academic community an adversary ofAmerica's civil justice system. In a detaded memoranda, Vargo charged that insurance companies and othercorporationsaremounting aconcertedeffort to deform our nation's tort laws by deforminglegal education. Among the examples listed in the memo were: 1) the proliferation ofindustrysponsored awardsand grants forstudentpapers that focus on anti-plaintiff positions; 2) the bombardmentofprofessorsanddeansoflaw schools with informationfromright-wing think tanks, corporations and defendants; 3) the financing oflaw schoollecture seriesby corporations —suchas a series o flectures on tortlaw funded by the Monsanto fund at Valparaiso Law School in Indiana; 4) the funding oflaw schoolfaculty chairsby corporations—suchas theJohnOlinFoundation Chairsat Harvardand Yale; and 5) speaking engagements by tort deform proponents — suchas Peter Huber—at law schoolsaround the country. Perhaps the most disturbingcharge levied by Mr. Vargo relates tothe influence ofcorporate proponents on tortscasebooks. A prime example ofthis is the widely usedProsser Casebook on Torts. which isnow co-authoredby Victor Schwartz. Victor Schwartz is an attorney with the law fuTnofCroweUandMoring,anduiedirectorof the corporate funded Product Liabdity Alliance the leading tort deform organization in Washington, D.C. Notsurprising,no mention ofMr. Schwartz's lobbying efforts to weaken existing tort laws appears in the book. The Prosser casebook isnotalone. In fact a 1991 article in theTexasLaw Review, The Politics ofTortCasebooks: JurisprudenceReductus. 69 Tex. L. Rev. 1223 (1991), details numerous other examples of torts casebooks that are authored by mdividuals who are actively pro moting tort deformonbehalfofcorporations. HereatßuffaloLaw School, theProsser casebook is used in first-year torts classes withoutmentionofMr. Schwartz'slobbying activities. In addition, other first-year classes useWalterOlson'sbook, The Litigation Explosion, withoutmention thatMr. Olson works for a tortfeasor-funded think tank The Manhattan Institute. Onecould argue that attack- — - -- ing the useof such materials amounts to censorship, no matterhow hypocritical that would sound coming from the conservative corner. A harderargument however, wouldbe to challenge acall to informfirst-yearlaw students of the business-greased legal positions oftextbookauthors. This summer, the Association ofTrial Lawyers ofAmerica (ATLA) — one ofthe largest groupsofcorporatecrimefightersin the country - discussed the issues raised in Mr. Vargo's memo atitsannual convention. Atthe discussion, were anumber oflaw professors who complained about the trouble they are having getting pro-consumerresearch funded and the pressure they feel to adoptanti-victim positions. Hopefully, ATLA willmount a serious effortto combatthe corporate campaign to im 'uence legal education. In the meantime, however, law students should notjustsitand wait.Overthenext few months,LawStudents for Corporate Accountability will be conducting astudy to determine howmany authorsoflawschoolcasebooksare affiliated with corporations. Anyone interested inhelping with the study shouldleave a note in Box 616. Onarelatedmatter, Buffalo Law School shouldtake some pridein thefact thatthis past weekthe U.S. Senate deraded the misnamed ' 'ProductLiabiliry FairnessAct(S. 640).The bid supported by the organized tortfeasors lobby ~wasa brazen driveforfederal preemptionofstate product liability laws that protect consumers. The legislation would have removed accountabdity standardsagainst sellers of unsafe products that harm innocent people. Among the bid's provisions were: 1) theelimination ofjointandseveral liabilityfor non-economic damages; 2)the barringofpunitive damage claims for drugs and medical devicesapproved by theFoodand DrugAdministration; 3) the barring of punitive damage claimsfor airplanes approved by theFederal Aviation Administration; 4) thebifurcation of the liability and damages phases ofatrial atthe requestofdefense counsel; 5) a 25 year statute ofrepose on all workplace equipment; 6) the establishment of"clearand convincing evidence' ' as theburden inproductliability cases; and 7) the impositionof'Toserpays" require- — ments on plaintiffs. This PAC-greased defendant's bill of Deform, continued onpage 6 Lot Parking Greetings Bil Kennedy Suchinappropriateusageoftheword ' 'rape" can do nothing butdetractfrom the intense meaning which this word should possess. Theword "rape" should beused only to express the heinous, deplorable violation that it is. It should reflect the outrageous invasion and loss ofcontrol implicit in any situation in which one person uses physical or psychological force in orderto assert their powerover another person. It shouldrepresent thedevastationand arm i- September 15,1992 The Opinion 5 �...King ...Graduates continuedfrompage 4 King, on the other hand, did not follow police instructions. He refused to be frisked and would not lay in the proneposition. Hedid get down on all fours, but whenthepolice tried tohandcuffhimheshookthemoffandgotback his feet. Atthispoint thepolice warnedKing that ifhe did not cooperate he was goingto be shot with an electronic taser gun. He failed to get down on the ground and a first taser dart was fired. King still did not fad to the ground and a seconddartwasfired. This time King did go down, but quickly got back to his feet and lunged atoneofthedefendantpoliceofficers. At this point die first of what were later counted as 56 blows was struckandKing fell tothe ground for good. Thevideo showsthe police hittingKing whdehewasdown. What mostpress accounts did notmention was thatthe police didnot hit King whilehe waslying in the position which the policerepeatedly told him to assume. The video clearly shows this. The police wanted him to lay face down on the ground with his hands behind his back. Herefusedtodoso. He was only hit when his hands were moving toward his waistband (the police thought he may havehada weapon) orwhen he was trying to move to positionsfrom whichhe had earlier risen to his feet. He never did assume the completely prone position, but the police did finally manage to get the cuffs on him. Keeping all this information in mind, and remembering that the defendants are presumed innocent is thejury verdict at all surprising? Was the verdictclearly wrong, as so many people argue? Itis surely clearto me that there isarationalbasis forfinding areasonable doubtas to whether these four police officers used excessiveforce in subduing afugitive who they hadreason to believe presenteda genuine danger to them. The defendants in this case weremostcertainlynotgudtybeyondareasonable doubt to ...Deform continuedfrompage5 rights wouldhave severely weakened existing protectionsfor victims ofdefectiveproducts. Protections that are increasingly required as Reagan-Bush-Quayle gut theregulatory abdity offederal agencies and thenask Congress to make these regulatory agencies the final arbiters of safety in the supposedly independent judiciary.Theanecdotalarguments used to support this bid were shaky at best. For example, the bill's supporters claimed that punitive damage awards are out ofcontrol. However, arecent study by professorsatSuffolkUniversity SchoolofLaw andNortheastem Universityfound that since 1965,punitive damages have been awarded in only 355 state and federal product liability cases. Andwhat about the specter ofa product liability litigation explosion thatwas being usedtopromote this legislation?According toa 1990study by thanfouryears after theappeal and eightyears after the original petition was filed, the PERB rendered a unanimous 3-0 ruling in GSEU's favor on all counts and granting the union the right to a certification election. SUNYchallenged the PERB ruling, and onNovember 7,1991 filed anappeal with the New YorkState SupremeCourt. Thisappeal was sentup to the Appellate Division. OnJuly 23,1992 the Appellate Division ofthe New York StateSupreme Courtruled unanimously, 5-0, to dismissthe SUNYappeal becauseithad no merit thus upholding the PERB decision. Finally, this past August SUNY announced thatitwill notpursue a further appeal; after an eleven-year struggleby the GSEU, thePERB organized a mad ballot election date: ballots willbedistributedonNovember23,l992and mustbereturned byDecember 17,1992. Thus, 4000 SUNY GAsand TAs (ofwhich there are 1300atUB)arenow legally entitied to decide whether they want a collective bargaining unit Inordertohavesuchaunitamajorityof those voting must vote yes. Basically, the GSEU wants to unionize the 4000 graduate employees of the SUNY system, and desires to budd a strong, democratic organization which can bargain collectively with the state and with SUNY. They wish to have a voice in how SUNY is administeredandhow graduate employeesare treated withintheworkenvironment Theyhavewithstoodoveradecadeofeffortsby SUNYtodeny graduate employees access to thepolicy-making process that direcUy affects graduate employees' fives and the qualityofeducation in theSUNY system. TheGSEUisrunbyandfor graduate employees and iscommitted to giving thema collective bargaining strength with whichthey can fightfor whateverissues they, as a group, decide are most important Collectivebargaining by graduate employees wdl enable them to participate in decisions now unilaterally made by state gov- the National Centerfor State Courts, product liability lawsuits account foronly 2.1 percent ofalltortfilings andonly 0.1 percent ofthetotal awards in tort cases. Fortunately, inabig victory forconsumers, the Senate—by onlythree votes —stopped S. 640 dead in its tracks. The Senate voted against the bill, despitethe factthat hundreds ofmanufacturers wereflownintoD.C. to lobby for the bill on the very day ofthe vote. The about the issuesthat concern you,and make an informed vote. Also, begin to think about running for thesoon tobe vacantvice-president position. Group Leaders pay attention - thereisa newreservation policyforthefirstfloorlounge. In the past there have been problems with groups signing up for a number of days in advance, and then ending up not using the reserved dates. Thisprevents groups whoneed to use the lounge that day from beingable to do so. Therefore.youmaynowreservethelounge no more than two weeks in advance of your The Opinion A. ernment SUNY Central and the local upper administrations. The GSEU will fight for graduate employees to obtain health insurance, salary protections and increases, tuition fee waivers, job security, mutually agreed upon job descriptions and grievance procedures, adequate safety conditions, sexual harassment protections andmuch more. It is argued that the GSEU wdlbenefit SUNY itselfby bringing moremoney into the SUNY budget and that this, in rum, will improve graduate education. By being able to offer graduate studentsa secure position with a fair salary, basic benefits and work-place rights, SUNY will be ableto compete withthe top schools acrossthe nation inattracting those students with the most potential. € ■V J By recognizing and bargaining withthe GSEU, SUNY canimprove thefaculty-student relations whichrecendy havebeen tenuous at best. By recognizing the' 'Graduate Student Bill ofßights''and by bargaining fairly, SUNY can allow its graduate student employees a democratic role in how the state university operates. Graduate student employees who wish to join the GSEU, or anyone wanting more information.maycontactthe GSEUpresident CarlMontgomery,at(7l6)BB2-7103,0rE-Mad #V247G52K. TheGSEUmeetings are scheduledto take place every Monday at 4:00P.M. inroom 317 ofthe StudentUnion Building on the SUNY NorthCampus. Wfyj^ E, 5 ' In\\W\ ~'\ew?kt )v\irJ bdl's provision limiting jointand several liabilitywould have on consumers—especially low-wage earners, womenand seniorcitizens -sheskiUfulryansweredabarageofquestions — — Bridget's Blotter lotguys! Please, go and vote. Joeland Bryce are both great so ask them specific questions passing timeoutside the library this Wednesday and Thursday, the 16thand 17th. Thanks a If you missed the first wave of submissions , S. A. P. please place your information in Box 611 and doingresearch against the bdl, the group was likely a factor in causing both Senator Moymhan and SenatorD' Amato tovoteagainst the bid, D'Amato being one ofthe only other from a number ofSenators. During the bill's Republicans to lodge apro-consumer vote. debate on the Senate floor, anumber ofSenaAlthough S. 640 will not be revived tors mentioned Professor Finley's testimony again duringthis session ofCongress, other as thebasis fortheiropposition to S. 640. Only challenges heahead. Bush and Quayle seemed threeRepublicans votedagainst thebid's furfixated on proposing medical malpractice retherconsideration. It's quite likely thatone of form as their solution to the health care probmanufacturersdidwhat is commonly known in these Republicans Senator Specter(R-Pennlem. And rumor hasit that ourciviljury system pre-election day Washington as the "CEO sylvania) voted against the bidbecause of could even be challenged as a trade barrier shuffle." Professor'sFinley'stestimonyaboutS.64o's under thefree-trade agreements President Bush Whatdid Buffalo Law Schoolhave to do negative impact on women. Specter— feeling is currendynegotiating. with the bill's defeat. First ofall, Professor the heatofthe Clarence Thomashearings — is Law Students for Corporate Accountalready onthedefensive from womens'organiability will be monitoring efforts to increase demise. At an August hearing at the U.S. zationsand Pennsylvania voters. corporate in fluence over ourjustice systemLaw Students for Corporate AccountCapitol in Washington, D.C,Professor Finley including coordinating efforts to stop the coreloquently testified against the legislation. ability also playedarole m the bill'sdefeat By porate lobby from spreading' 'corporate corAfter Professor Finely educated the so-caUed schedulinga press conferenceforRalph Nader rectness' ' at law schools. For more informahonorable members ofthe Senate Judiciary and Professor Finley in Buffalo, urginglocal tion, leave a note in Box 616. Committee about the disastrous impacts the attorneys and victims to contact ourSenators As you probably already know, Bryce 6 Participate in UB Law's Greatest Resource The Phi Alpha Delta Student Directory continuedfrompage 1 meeting. Ifthereisanyrcasonyou shouldneed toreserve the loungeearlier (such as aplanned speaker), see an SBA officer, and we will reserve it for you. I've heard tell that a certain professor September 15,1992 was very distraught after having been locked outofhis office this past week. Whobetterto approach withthis problem than those crime busters - The Law Students For Corporate Accountability. Perhaps if the pending suit does not turn out as this professor desires,he could suehimselfforself-inflicted emotional torture! Now there's a line oflegal reasoning notyet explored. If you would like more information on what the present faculty is doing, see Nancy Johnson, Scot Fisher, and Gary Simpson. They wiU be attending the faculty meetings, and wdl beon theappointmentscommittee(which concerns the hiring ofnewfaculty members). The SBA wouldlike to fostera positive, cooperativerelationship withthis year's faculty, so please approach these people with your concerns and questions. There is a very tentative SBA party planned for Thursday, the24th. In fact, it's so tentative that we don't know where it will be yet. But I'm sure itwdlbe good, so mark your calendars. Speaking ofpartying, I did have occasion this past weekend to witness Michael Rosen and Bryce Baird, expert dartplayers, practicing their skills at the Shebeen. They seemed rather good, or at least they were hitting the board, which is more than I can say for myself. Chip, a first year, last name unknown, wasalsotherethrowing darts. Shouldn't you behome studying? The SBA wouldlike to start planning an endofthe yearannual dinner, complete with a highlight speaker. We would like to have an event thateveryone could put on party clothes for, yet not feel like they were reliving their senior prom. So, ifyou have any ideas for a speaker, please seeme or drop a note in Box #639. Until next week! BridgetCullen �The Docket What: Voter Registration Drive Where: In frontofLaw School Library When: BetweenSeptember 14andSeptember 24 Lowdown:ToofewAmericansvote,andAWLS,withthecooperationofseveralotherlawstudent groups, is out to do something about it. What: InternationalLawColloquium Where: Room 109O'Brian Hall When: Wednesday, September 16,4-6p.m. Lowdown: AndrasVamos-Goldman, firstsecretary for congressional relationsfortheCanadian Embassy in Washington gives a lecture entitled ' 'Negotiating the United Nations Convention on Biological Diversity." TnecolloquiumseriesistheEnvironmentalLawSociety.thelnternationalLaw Society, the Baldy Centerfor LawandSocial Policy, theCanadian-U.S.LegalStudiesCenter.andthe UB greatLakes Program. What: Discussion by ProfessorBlum Where: Room 106O'Brian Hall When: September 16 Lowdown: ProfessorBlum will update amy interested studentsonrecent developments in his lawsuitsand outsidepressure forcurricular reform ofthelaw school. Book Review What: Where: When: Lowdown: BLSA Meeting RoomTBA September 16 Agenda formeetingposted outside O'Brian 113 What: Where: When: Lowdown: Jessup Moot CourtMaterials Law School Bookstore On sale as ofSeptember 11,till? $ 10.75 for those ofyou who wantto compete. What: Where: When: Lowdown: CDOLegal Practice Setting: PublictPractice Rm 108O'BrianHall Wednesday, September 16,5:00p.m. Learn from four practicingattorneys whatitis like to practice in thepublic sector. What: Where: When: Lowdown: CDO Legal PracticeSetting: PrivatePractice Rm 108 O'BrianHall Thursday, September 17,5:00p.m. Learn fromfour practicingattorneys whatit is like topractice intheprivate sector, ishdirectorMichael Apted, andpartly due to an increased awareness of Native issues in general,brought on by the 500th anniversary of Columbus'voyageto the western hemisphere. A celebrity inboth easternand western Europe forsome timenow, Peltier hasbeen likened to Andrei Sakharo v and Nelson Mandelaby his supporters, and castigated as a cold blooded kider bythe FBI, prosecutors, law enforcement officials, andthe Judge whoheard his trial in 1977. TheU.S. SupremeCourtrefusedtohear his case, making it highly likely that Peltier will remain behind bars fortherestofhislife. Peltierfreely admitsthathe took part in the shootout but saysthathe did not kdl Coler andWdliams. He also says that even ifhehad killed the two men, his conscience would be clean. Two other AIM activists, Dino Butler and Bob Robideau, who were tried several months prior to Peltierbefore adifferentjudge, were foundnotgudtyofthemurdersby reason ofself-defense. ItishighlylikelythatifPeltier had not fled to Canadaand fought extradition, he would havebeen tried along withhis compatriotsand alsobeenacquitted. As Matthiessen writes, however, "Whatever the nature and degreeo fhis participation at Oglala, the ruthless persecution ofLeonard Peltier hadless to do withhis own actions than with underlying issues ofhistory, racism, and economics, in particular Indiansovereignty claimsand growingopposition to massive energy development on treaty lands and the dwindling reservations." Following theRobideau/Butler trial, the government dropped the charges against a fourth man, JimmyEagle, who was not even at the site ofthe shoot-out when it occurred, in order to, inthe wordsofan internal FBI memorandum, "direct thefull prosecutiveweightof the government againstLeonard Peltier". In addition, the venue was mysteriously moved from Cedar Rap ids, lowa, to Fargo, NorthDakota, a city with a history ofanti-Indian bias (including thelargest mass execution in U.S. history, the lynching of37 Sioux in the midnineteenth century). The FBI, which is a law enforcementagency, and therefore divorced from the prosecution ofthose itarrests, except insofaras it's agents act as witnesses and the evidence it collects is presented at trial, also drew up a memorandum whichlisted reasons for the acquittal ofButler and Robideau and how a similar result might be avoided with Peltier. These includedsequestering thejury, preventing the testimony ofcertain witnesses, andpreventing theadmission ofevidence ofa wide scalecivil waron thePine Ridge Reservation which was the background to the shootout In the Peltier case, if the FBI was to get theirway, the defendantwouldbejudgedsolely on his actions during the shoot-out which, regardless, stdl left a gaping hole in the prosecution'scase. There was no evidence to link Peltier to theactual killings, and theFBI, in conjunction with the prosecution, worried thatto prosecute him on achargeofaiding and abetting,(which carries the same sentence of fifeimprisonment), allowed too much room for speculation about the other aspects ofthe case, which the previous defendants used successfully to win theiracquittal. For theseand other reasons, Matthiessen claims - and backs up with FBI documentsreleased undertheFree- attend Divalo functions at Wellesley, Janaki ventured to Brookline for disco. While the IN Vasudevans prohibited Janaki from going to bySrikantßamaswami bars, Janaki sequestered hernocturnal happenJanaki Vasudevan was in her second ingsaroundHarper'sFerry.orThe Channel, or y ear ofcollege inCambridge, Massachusetts. Cheers. The harder the Vasudevans tried to She was a prodigy with an inquisitive ear for control Janaki, the worse shebecame. Janaki politics, an insatiable interest in sports, and a washelplessly avictim ofsocial conditioning. grade point average that would have made Then along came Derek, punk rocker Demosthenes stammer. Her personality was from Boston- loose morals, lotsa drugs. He rich, too, and she was wed-liked by her peers asked Janaki outto amovieandthey fell madly and respected by her instructors. But things inlove. Janakilived and dreamedDerek. They were notright in the Vasudevan household. took trips to Cape cod and lived it up on the college, Janaki setofffor and Mr. When Vineyard. They spenteveningsatCarly Simon's, Mrs. Vasudevan mapped out herlife. Janaki then droveto Rockport to make love under the would meet an Indian boy at Harvard. Their setting sun. They ventured to CafePonpeii in horoscopeswouldbecompared andthey would WestBoston and watched the sunrise overthe ' 'match.'' The boy would be from arespectMayflower. They dressedprovocatively and able family and would not have bad habits. gyrated theirbodies to the sounds ofErasure at They would take long, romantic walks along Zanzibar. Janaki knew Derek was her man. the CharlesRiver. Then,adatewouldbesetfor Derek wanted Janaki as his woman. the marriage. It was that simple. ButtheVasudevanshadmade firmplans. But Janaki was not the girl her parents Thatyeartheyhadfoundahumble"boy" for wantedher to be. She kept latenights at parties, their daughter. HewasagraduateofTheDoon turned her liver into a cellar for hedomania, SchoolandThe Indian Institute ofTechnologywent camping along "with the boys," and the Indian elixir of academic scintilla. His severely shunned herIndian heritage. While name was Aran and Aran had been "interMr. and Mrs. Vasudevan wanted Janaki to viewed" only to be found' 'aperfectmatch'' fortheirJanaki. Aran wascurrently doing his Ph.D. at Michigan. Janaki's passport would buy Aran his green card. The boy would be a good influence ontheir daughter. Man- they In the Spirit of Crazy Horse byPeter Matthiessen, Viking, 2nd Ed., 645pp, $35.00 Book Review byRobert M. Kitson Originallypublished in 1983,In theSpirit Horse isa sprawling account ofthe Crazy of U.S. government and its dealings withNative Americans, presented in microcosm by an examinationofthecaseU.S. v.Leonard Peltier. It isalso a thoroughly documentedaccountof the FBI' s not-so-secret war on the American fadianMovement(AlM)duringtheearly 19705, and a startling illustration of the use of the criminal justice system forpolitical purposes in this country. The book was pulled offthe shelves by thepublisher, Viking, shortlyafter its original publication because oflawsuits filed by former governor ofSouth Dakota, ' Villiam Janklow,and former FBI AgentDavid l'rice,whichtotaledalmostssomillion. Both , nen alleged thatMatthiessen libeled them in hisreporting. Ithas beenre-published, withan additional chapter on the lawsuits and more recent developments in the Peltier case, after the final issues of the lawsuits were finally thrown out ofcourt in 1990. Leonard Peltier, a Chippewa/Ojibway AIM activist is currently serving two consecutive terms of life imprisonment at the U.S. Penitentiary in Leavenworth, Kansas. He was convicted ofmurdering FBI Special Agents Jack Coler and Ronald Williams on the Pine Ridge IndianReservation inSouth Dakota on June26,1975. Hiscase hasreceived increased visibility thisyear, partly dueto there-publishing of Matthiessen's book, partly due to a documentary film, lncidentatOglala,byBrit- Guest Feature Article JANAKI JEOPARDY tional security(despite theFBl'sofficial characterization of Peltier as "a common murderer".) These are the bare bones ofthe Peltier case, presented here in necessarily simplified form. It is a tribute to Matthiessen's literary sk ills and persistence thatheis able tobring the exceedingly complex case into focus, though it is no mean feat to get through In the Spirit of Crazy Horse the first time with a full understanding ofthe case and side issues itpresents. It almost demandsre-reading and close analysis of the primary sources he cites, which, anyone familiar withFOIA documents can tell you, are not exactly page turners (at least not inthepopularsenseoftheword). His generous citation ofFBI memoranda, trial transcripts, radio logs, and other documentsdo cause the book to drag insome places, especially when contrasted withMatthiessen'sownretelling of the new Indian wars, or the vividness ofhis naturalistic prose, which won himthe National Book Award for The Snow Leopard. Ultimately, however,ln theSpiritofCrazyHorse rewards the reader by bringing to light some fairly darkareas ofmodem American history Issues thatmany Americans may have thought were long settled are shown to have been merely pushed aside, always threatening to surfaceagain. Thecontinued imprisonment of Leonard Peltier, Matthiessen argues, is not a sign ofa society willing to learn from its past domofInformationAct (FOIA) damning butdoomed, tragically forpeople like Peltier, evidence, specifically a spent AR-15 bullet Coler and Williams, to repeat it. shell,was fabricated. An FBI ballistics expert perjured himself in it's regard, anairtight case RobertM. Kitson is afirstyear student was established,and Peltier went offto prison. at ÜBLawSchool. He wasformerly Director The fraudwasnotdiscovereduntil 1981, when, ofPerforming Arts at the American Indian due to aFOIA suit,the FBI releasedpart ofthe CommunityHouse in New York City,and Coalmost 18,000pages that it admits producing Producer apublic televisionspecial, "Warof on the case. The remaining pages remain rior: The Case ofLeonard Peltier. " classified under the FOIA exception of na- — were ecstatic. When summer broke inMassachusetts, Janaki venturedhome tobewithherparents in values belonged in theantique shop ofmemorabilia. She was, after all, Derek's girl. The Vasudevans were shocked to hear aboutDerek. They were shocked to hear that their little Janaki had slept with him. That their littleJanaki kept late nights. That their little Janaki like to smoke. That their little Janaki loved to drink. That theirlittle Janaki thought marijuana was asincereform oflibera- Connecticut- but only for a day. She had become fiercely independent and detested going home. After all, her friends meant the tion. world to her. How could theysee hermother in Dilip Vasudevan was angry with his a sari? Furthermore, she wanted to stay aloof daughter. Angry withher for disobeying his because every minute withDerek wasa moorders; for disrespecting his values; fordisrement ofhappiness. She wanted to have his gardinghisadvice; for disparaging Aran; for baby. cussipatmg herresponsibilities,...for DEREK. When Janakiarrivedhome, Mr. andMrs. ThatnightJanakileftConnecticut She Vasudevan toIdherabout Anui. A meeting had did not go back to Massachusetts. She did not been set up the following week. Because call herfriends. She did not run to Derek. She Janaki refused to wear a sari, a compromise just drove to Long Island Sound bordering was struck. She would get a makeover at Greenwich. She looked into the water and Elizabeth Arden. Her dress would be pur- asked herselfwhy she was so miserable. She chased at Saks. She would have her haircut at wondered why her parents were MachiavelFortran's. Afterall, Janakiwouldhavetolook lian. She wondered why it was so hard to be ' 'presentable" in frontofAran! Indian in America. She wonderedwhy hypocThatevening(afterbuyingtheclothes), risy had permeated the stratosphere ofcultural Janakihad a shit fit. She shouted at her parents intrigue. Then, finding noanswers, shetookher and mentioned that she would never marry life. Aran. She toldher mother and fatherthat their September 15,1992 The Opinion 7 �WE'RE NOT THE BEST BECAUSE WERE THE ■ HBHSSBH hh BiVßVfli A WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c054c9f1388397e9b3be993248fd220b.pdf bdd91d3fe10ac07fad541aa5b9a8c21a PDF Text Text Volume 33, No. 2 O THE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW August 31,1992 Democratic Presidential Ticket Visits Buffalo byJoeAntonecchia and JoeBelluck On Sunday, August 23, presidential candidates Bill Clintonand Al Goreaddressed a crowd of over 10,000 in the parking lot of Canisius College's athletic center on Main Street.A fter waitingnearly three hours beyond the scheduled 5:30 arrival time, the crowd enthusiastically welcomed the campaigners to Buffalo, the final stop on their Midwest campaign bus tour. Experts predict that the vote in the Midwest will play a critical role in the Fall election. A fter hearing froman array oflocal politicians, including Erie County Executive Dennis Gorski, Senator Patrick Mohnihan stepped tothe podium and introduced his colleague, Senator Al Gore. Gore delivered an impassioned speech, focusing on theneed for economicrevitauzation, affordable healthcare, and insuring a safe, clean environment. He rhetoricallyasked whya county which builds smart bombs can' t alsoproduce the bestconsumer goods. Healso payedtribute to' * oneof the hardest working" politicians he knows, Buffalo's retiring Representative Henry Nowak. During his remarks, Al Gore introducedhis wife, Tipper. As Tipper thanked the crowd for attending the rally, at least one individual crowd membershouted,'' Zappa for President an obviousreference toTipper's advocacy ofrecord warning labels. Hillary Clintoralso addressed the crowd, reminding theaudience thattheDemocratic Party,which supports the Family Leave Act George Bush - Photo: MichaelRadjavilch vetoed,isthereal pro-family choice inNovember. Gov. Bill Clintonthenlaunched into a halfhour accounting ofhispresidential platform. He beganby saying thathefavors maintaining well paying manufacturing jobs,althoughheremained silent on his current,precise position regarding the North American "Free" Trade Agreement. He said he will propose investingmoreresources ininfrastructure, increasing taxes on the wealthiest 2%, Welcome Back Picnic a Success OnSaturday, August29th atBairdPointonNorth Campus, law studentsweretreated ttoaWelcomeßackPicnic/BBQ. Over 150students came throughouttheafternoon despite the less than perfect weather- November winds in Augusta-la-Buffalo style. 2L Joe Antonecchiadescribed itbestsaying,' 'This whole thing issurreal.'' The students were equally divided from all the years, as lLs, 2Ls and 3Ls availed themselvesof freefoodandbeer. The old grill started going and the hamburgers and hotdogs went quickly.Towards the end ofthe day,therewere some hotdogs left that werenotaesthetically appealing (they looked likeYankee Stadium bleacher hotdogs), but snirdy stomachs such as those of3Ls Rob Cheng and Lydia Evans, and myself, still chowedthemdown. Thebeertookawhileto start flowing as thetaps from Wegmanswere defective. It took threetrips to geta working tap. Many studentswere said to be considering a Products Liability suit plus a suit for emotional distress because some serious drinkingwas temporarilydelayed. Nevertheless, students did getthekegs going andwentthrough two. Many studentsactuallyalso got some exercisein, playing volleyball, frisbee, softballand tossing the oldfootballaround. One volleyball endedup in the water, butluckily nolaw studentsdid.PaulRoalsvig isrumored to be still looking for the ball. Students were in awe at the Stone structure at Baird Point, although no one knows whatthehellitis or why itis there.The success ofthe day was due to thehard work and planning ofthe SBA Exec. Board, especially Steve Lee and Bridget Cullen, Bridget's boyfriend Tom Provost, 3LSteve Yonaty, and 2LKevin Collins. Photos: Paul Roalsvig implementing two-year apprenticeship programs for high school students who do not attend college, and creating a National Service Trust fund to make college loans available to all. This would involve providing students with the option to either enter jobs in public service (e.g., in teaching, law enforcementor otherpublic interest work) at areduced rate intheirhometowns fortwo years, ormaking their loanpayments during tax time. He closed by advocating a universal health care system, new lawsregulating the lobbying activitiesofformermembers ofCongress andthe administration, lawsrequiringcongresspeople to disclosetheirmajorcontributors, andtougher laws to enforce child supportpayments. Atone point, while advocating that corporate tax breaks for investment only be given to businesses that can clearly demonstrate investmentin America, an audiencemember shouted, "S &L Scandal," to whichClintonresponded that he would make sure that clearing up the corrupt savings and loans industry would bea priority under hisadministration. In contrastto his opponent George Bush's negativerhetoric in recent days (e.g. referring to Clinton's plan as' 'Elvis Economics' '),Clinton'stonewaspositive, focusing on what his administration would do; his only directattack on the President involvedridiculing Bush' scharacterization ofClinton' sproposednational health plan as having the compassion ofthe KGB. The event,attended mostly by supporters oftheDemocratic ticket, alsoincluded azealouscontingentofanu-reproducriverights protesters, seeminglyorganized by Operation Rescue operatives. These people protested outside the raised parking lot, at the entrance and alongMain Street. Inside therally, a vocal ACT-UP group reminded people thatAIDS needed to be addressed more in the political dialogue, forcefully interjecting between ...Clinton, continued onpage 11 Holtzman and Abrams Bring Campaign to UB , Saultan H. Baptiste,.Managing Editor TracySamtnarco. Contributor GarySimpson, Layout j Editor There were lights and cameras, but little turnout at the U.S. Senatorial Candidates' Forum held on Thursday August 2 7,1992 in SleeHall. Ofthefour Democratic candidates, only N.Y.C. Controller Elizabeth Holtzman andNew YorkState Attorney GeneralRobert Abrams attended. Both Reverend Alfred ("Al")Sharptonandformervicepresidential candidate, Geraldine Ferraro, elected not to attend the event which is the only senatorial forum scheduled for WesternNew York. The forum was sponsored by the UBLaw School StudentBar Association and SUNY University at Buffalo. The sparse public attendance was in no wayareflection ofthenumerous questions in the minds of those present. Many ofthose interviewed looked forward to adiscussion of theissues by the candidates inorder to make an informed decision before the upcoming November election. Third year law student, ShawnBoehringer, was undecided, butfelt that thereisa need for women to berepresented in the Senate. However, Scott Rudnick, also a third year law student, said he had a strong interest in Abrams.'' I have followed him for several years andI've likedwhathe' s done," Rudnick said. He also commented that "Sharpton'schances [ofwinning]are hurtby the 'TawanaBrawley incident' severalyears ago," but thathe liked Sharpton's drive and energy. Mostwere very disappointed thatFerraro did not come to the forum and felt she was resting on her strong lead in the polls. Second yearlaw student, ChristineFarley, said,'' SUNY Buffalo has the only law school in the State University system and Ferraro should have come to havehervoiceheard. Michael Schmidt, aUßundergradwhohasbeenclosely following the senatorial campaign, commented that he sees Ferraro's stand on many issues "to be similar to that ofSenator Alfonse D' Amato, *' the Republican incumbent. He is looking for another alternative. The small attendance did not seem to quench the fire of Liz Holtzman. In this, Holtzman's second visit to UB Law School, she echoed her concern for thelack ofrepresentation ofwomen in the Senate. She declared, "[S]omething'sverywrongwithaU.S. Senate that writes thelaws for over 130million AmeriSenate, continued on nextpage HIGHLIGHTS Ralph Nader Speaks at UB Law Commentaries and Editorials SBA Candidates Statements Prison Task Force Practicum 3 4-5 6-9 10 �trvewimgoodsaroundtheworldandputpeople lating national incidents ofpolice brutality. to work. Abrams generally declaredhis opposition to Immediately following Holtzman's racismandpointed tohisrecord on civilrights as proofofhis commitment to suchconcerns. presentation,Abramsaddressed those inattendance. Abrams' address was shortened as a Whenasked hisopinion onresidency requirements for police officers, Abrams statedthat result ofa reported traffic jambetween Rochester and Buffalo as well as a commitment to he was in favor of such measures as well as meetwith County Executive, Dennis Gorski, specialized training for police to deal with forty minutesafter hisarrival. police brutality. his abbreviated speech, Abrams atAbrams wasalso asked how he would pted to include most oftheplanks outlined respond to the inequities ineducational fundin his platform including Handgun Control, ing between inner cities and suburbs. He endorsementofthe FreedomofChoice Actand assertedthatvoters couldimprovethe dispara National Bias Crime Act However, the ityby voting SenatorAlphonseD'Amatooutof office, pointing out thattheSenator has been a centerpieces ofhis addresswere vigorousenforcement ofenvironmentalregulations and surrogate for Reagan/Bush/Quayle educational advocacy for a National Health CarePlan. funamgplansthathavediminishedNew York's Onthe environment, Abrams toutedhis shareoffederal educationfunding and have led credentials as adiligentproponentofenvirontoconsiderable inequities. Citing examples of mental protection by discussing a recent vicincreased Headstart and primary schoolfundtory for theDepartment ofLaw in acase more ingas programs he would advocate, Abrams popularlyknown as "Love Canal". Thiscase, declaredthathe would fightfor New York's Photo: Paul Roalsvig named after the Niagara Falls community fair share. the Senate todayis the failure ofits involved the illegalburial ofhazardous indusWhenasked to address public concern bership to ask not whatis the right thing trial wasteonlandownedby OccidentalChemiregarding greaterrepresentation ofwomen in , butwhatisthe correctpolitical thing to cal (HookerChemical Company)which inturn the Senate, Abrams responded, "Its not the soldthe property to the gender ofthe candidate ~ its the agenda." do. She cited theexample of the appointment of local school board. Abrams statedthatas Attorney General, he has Clarence Thomas to the As Senator, arecord for promoting women to 50% ofthe Abrams stated that the supervisory positions in the Department of Supreme Court in the passage of a National Law and has implemented policies whereby wakeofwhat shefeltwas a misguided Senate conHealth CarePlanwould women attorneys can work on part ime shifts. behistoppriority. When firmation process. When Afterthe forum, first yearlaw student, askedhowhewouldpay Mary Bryant felt thatAbrams onlycompared asked whatquestions she forsuch apian, Abrams himselfto Ferraro duringtheforumand didnot wouldhaveposed to Thomas, Holtzman said, "I seemtoconsiderHoltzmanathreatbecauseof responded thatproposals such as the Russo hisplaceinthepolls. She said "Holtzmanwas don'tthinkwewouldhave concrete andgaveherpersonalmotivations for had toget to the hard quesPlan(namedafter Contions because I think a gressmanRusso) which running. Shewas specific." SBAJ?resident,WilliamTrezevant,who serious investigation suggests a payroll tax on employersand a tax played a major role in planning the event, mighthaveuncoveredthe increase onthe wealthi- expressed extreme displeasurewiththeFerraro kinds offacts that would have conceivable made esttwo percent income campaign. He said,' 'Ferraroturned uphernose earners as means of to Buffalo because she wasahead in the polls any further hearings unfunding the suchlegis- and didn't feel politically threatened.'' He Erin Wolfe, 3L, questionscandidates. lation. also stated that the Holtzman and Abrams When asked about herposition onaffirmative action, Holtzman Other highlights fromthe Abrams' ad- campaigns wereverycooperativewithparticiexpressed that sheisa staunch supporter. She dressincluded questionsonhow.as U.S. Sena- pating in the event. Trezevant emphasized thathe wishedmore studentshadattended. tor, hewould brine some attention to the escareferred back to herworkasN.Y.C. Comptrollerwhere shewas able to establish a program formanagement firms owned by womenand minorities to receive city business. She intends to continue her efforts to assist such while in the Senate. Among the things thatHoltzman claims 11fightforon thefloorofthe Senate are ssage oftheFreedom ofChoice Actand the importation ofRU4B6, theFrenchabortion pill. The candidate feels that women should have theright to choose abortion,"...regardlessofwho sitsontheU.S. Supreme Court." She feels that American women are being "...deprivedofthemedkal andtechnological advances available to women in France, Eng land and Scandinavia." The issues most pressing to Holtzman the are economy andthe disparitybetween the rich and the poor in American society. She believes that impoverished Americans are "losingground" and that Americans are concerned about not keeping pace withotherna- N. Y. State Attorney GeneralRobertAbrams tions inindustryand education. Holtzman says Photo:Paul Roalsvig we have rebuilt other societies and we can rebuild our ownas well. The Opinion Wins Award One key premise forthe candidate is that The can againcall itself"awardwinning. "TheTjtwShidentDivisionof Opinion we need to shiftdollarsfrom defense spending the American BarAssociationawarded The Opinion aThirdPlace Award ofExcellence torebuilding our infrastructure, especially in in the "Editorial" category ofitsannual Law SchoolNewspaper Contest. Theeditorial, theareasofhealthcare,educationandhousing. entitled' 'Who'sResponsible forLaw School Image?,'' appeared in thelast issue ofthe Holtzmancalls ourhealthcare systema "band 1991-92schoolyear. aid" system which needs complete overhaulThe Opinion, in fact, has received several awards in the past For the 1989-90 also allocated fundsinNew YorkCity, itreceivedThird Place award for Excellence in the category of''Editorial academicyear, iptroller, to buildaffordablehousing. As Cartoonofßroader Aspects ofthe Law." In 1988-89, itreceiveda Second Place Award ler education, Holtzman states thatthe of"EntireNewspaper Reporting Overthe Year." In 1985ofExcellenceinthecategory ; to educate young people will cause -86, The Opinion took three prizes in the competition: an Awardfor Excellence for an cansocietytobetheloserintheend. She Editorial Cartoon on Internal Law School Affairs,'' andtwo Honorable Mentions for '' a to go to Washington, "...to see real EntireNewspaper Reporting Overthe Year andFeatures Article.'' '' itmentto higher education.'' The 1983-84 newspaper took two prizes, and the 1976-77, as well as the 1973, The speaker also articulated a planfor tookanawardeach. newspapers, thening ourinfrastructure based on the The Newspaper Contest, which is heldannually by the American Bar Association, ig ofatransportation system similar to requkesthatmeparticipatmgschoolssubnutwriutenpiecesfrommeirnewspaperswhich )fthe France orJapan. Holtzman stated fit various categories to submitfor the competition, as wellas one entirenewspaper for imilar system in Americawouldlead to the category of "EntireNewspaper..." Some categories, suchas theEditorial Cartoon, iwthofnewindustry.reducethecostof for whichThe Opinion wonanaward before, were not included in lastyears competition. Dilation, make our goodsmore competi- tin N. Y.City ComptrollerElizabeth Holtzman Senate, continuedfrompage 1 - can women and onlyhas two women in its membership. It'snowonderthatawoman's rightto privacy is threatened more eachday." Holtzman referred tothe 98 to 2ratio ofmen to women in theU.S. Senate several times during thecourseofher speech using the catch-phrase ofSan Francisco Mayorand California Senatorial Candidate Diane Feinstein,' 'Two percent is not enough." OnceaU.S. Congresswoman andBrooklyn District Attorney, Holtzman claims she isn't". ..running to join theU.S. Senate(she's)... running to change the U.S. Senate." Her dossier includesanti-Nazi war criminallegislation, legislation to protect victims ofrape, reproductive rights activism, anti-redlining effortsagainst the insurance lobby, programs against policebrutality and corruption in law enforcement, efforts againstracial discrimination injury selection, sponsorship ofhomosexual civilrightslegislation and severalrev italization projects aimed atrevitalizing New YorkCity. When questioned aboutherpolitical stance, Holtzman described herself as a liberal. When asked about allegations that D'Amato is heavily influenced by special interestgroupswhocontribute tohis campaign funds, Holtzmanassured theaudience thather political integrity has never been, and would never be, influenced by these same factors. She referredtoD'Amato'spoUtics as "sleazy" and said that shehas supported public finance ofcampaigns since her time in Congress. Additionally, Holtzman refers to the factthatshe has never beenwell financed as a candidate, due to herrefusal to bow to fiscal pressures when making political decisions. Sheasserted,'' [N]o one can buy me." She coupled herstatementwith an exampleofone ofher campaign contributors, FirstBoston, who was engagedin "questionableconduct" Holtzman claimed that she immediately referred the case to the FCC for investigation. The Holtzman Campaign issuedapress releasewhich questioned theactionsorTerraro regarding allegations that she, "...failed to evictaduldnomographerfromabuilding she co-managed." Ferraro allegedly allowed known child nomographers to remain in the building underhersupervision for at leastthree yearsafterpromising in her 1984campaign to evictthe individuals. Thepressreleasealso statedthatFerraro received $340,000 from thepornographers, and that sheshouldexplain why she was given the money and whetherany ofitwent toward her campaign. Holtzman callsFerraro's responses "weak". Holtzman claimed Ferraro should have inspected the premises, started eviction proceedings immediatelyandnorjfiedthepornographers that theirlease would not berenewed. Holtzman said Ferraro failed tomove quickly enough. In her opinion, the only way to take D'Amato' s seat from him isto moye on the "sleaze factor". Therefore, Holtzman concluded, these issues mightjustcost Ferraro the race. Holtzman believes that thebiggestprob- Eviih Bs Ite Tfc.Qjpwionv August 31,1992. 2 �Consumer Advocate DomesticViolence Task Force byKevin P. Collins, News Editor The Domestic Violence Task Force (DVTF) is astudent-run organizationthatassists victims ofdomesticabuse. It works with Haven House, anon-pro fit organization which shelters battered women, and receives help from the VLP (Volunteers Lawyers Project). The DVTF is currently engaged in two projects with a newone in the wings. Thefirst project is theTuesday NightLegal Program at Ralph in which students sign up for a day to be on call. The second partofthepro gramisone inwhich Nader Speaks at UB Law School studentsare on-call for duty for a number of days whenthey are free. This program alerts students to the law and how it works in the domestic setting. Students getto gowith and assist their clients in Family, Criminal and TownCourt A thirdand new, ambitious program is now being planned to be implemented by the byJoeAntonecchia R GROUP SPOTLIGHT will bea series featuring a different student group each issue Community Center, which is coordinated by Madonnaßeale,Box#6s7.Lawstudentsmeet with attorneys, mainlyfrom the Erie County Bar Association and VLP, andworktogether assisting clients withlegal domesticproblems throughan outreach program. Theylearn how to interactwithclients, know which questions to ask, and how to spot the issues. Students mainly work in getting orders ofprotection, divorcesand annulments. Thesecond program is the Hotline Program, which is starting up again Monday, September 14th.Ruth Yashpan, Box # 2 84,is the coordinator. Also coordinated withHaven House, this program matches students with DVTF. Itwould expand theTaskForce to help the student body, faculty and staff to talk to attorneys about their domestic problems and their options. TheDVTF is run by aSteering Committeeof 3 people— SubrataPaul, 3L,Box # 207; Ruth Yashpan, 3L,Box #284;and Madonna Beale, 2L, Box # 657. Students can contact themfor any informationandto jointheDVTF. There will beattaining sessionfor background information and procedure on Wednesday, September9th at3:3op.m. in Room#2lo. The DVTFOfficeisinßoom#6o4ofO'BrianHall andtheirtelephonenumberis(7l6)64s-2143. On the office door, students can find sign up Consumer advocate Ralph ;r spoke before a capacity dofabout3oostudentsinßoom 106onWednesday. Nader, brought to UB by Law Students For Corporate Accountability (LSCA), Buffalo Public InterestLaw Program (BPILP), theCareerDevelopment Office andThe National Lawyers Guild, spokeabout therole oflegal education in American society. Nader began by portraying thelegaleducationof thirty yearsago asbeing chiefly concerned with corporateand property law; he recounted his days at Harvard Law, where the purpose of legal fraining was to service the wealthiest 5% of the country indeed, there was only onecourse offering in bothTortand Propertylaw, and nothing in areas ofhousing, environmental and entitlements law. While today's curriculum does a better job at addressing law's role in the greater society, Naderstill feels that course offerings, legal text writing and teaching philosophies are still inordinately geared toward what is simply lucrative orconducive to the status quo, andnot whatisneeded to ensure equal rights andjustice in oursociety. Hetold the students thatmany very well payed lawyers become nothing but high priced, overworked paper pushers whohave very littlejob satisfaction. the CDO office. Nader applauded UB Law's wealthofpublic interest organizations, citing such groups as TheDomestic Violence Task Force, BPILP and LSCA as examples ofthe worklawyers should be involved in.Nader then fielded questions from students. In an interview before his speech, Nader stated that he was impressed with the way in which public interest activities had flourished under Dean FilvarofFs tenure. Earlier in the day, Mr. Nader and ProfessorLucinda Finley held a news conference attended by a number oflocal television stations, where they statedtheir opposition to the so-called " Product Liability Fairness Act" (S 640), scheduled to come before the Senate next week. Nader says thatthebillis a " brazen drivefor federalpreemption andreduction of existing and future state developed accountHedrewadistinctionbetween attorneys, those ability standardsagainst sellers ofunsafe prodwhohave passed the barand do legalworkfor ucts that liarminnocentpeople." In effect this the highest bidder, and lawyers, those who federal law would take away state common approachtheir life's work in law witha social lawrightswhichNew YorkershaveenjoyecLin some cases, for hundreds ofyears. Theyboth conscience. calleduponSenatorsD'AmatoandMohnihan Inclosing.Naderencouragedthestuto dents considerworking in public interestlaw to opposethis bill,and thenfielded questions he suggested that studentstakeadvantage of from local consumerreporters. careerresourcesfsuchasGoodWorks) foundin - D VTF CoordinatorsModonna Beale (2L), I, andRuth Yashpan (3L), r, address students. clientswhomustappearincourt Thestudents escort the clients and serve as advocates for their rights, as well as providing emotional support. The clients, ifthey so desire, can get assigned counsel. The Hotline Program really works in two parts. Thefirstpart isanOn-Call Program Photo: Paul Rolsvig sheetsforwaDc-throughs ofFamilyCourt. OnMay 14ththeDVTF was selected as the recipient of the New York State Bar Association's 1992Law StudentLegal Ethics Award. Theaward, inthe form ofacheck and an award certificate, was forwarded to the TaskForce from the State Bar Association's Committee onLegal Education &Admission to theBar. This is in itselfa greataccomplishment,butoneofevenmorenoteworthy achievementbecause the DVTF started only two years ago. TheDVTFstartedintheschoolyearl99o-9 coming alive inthe Spring'91 semester, in large part due to thework of 1992 graduate, Catherine Cerulli. It is a great accomplishment for this new group to receive such ac1, Massive FirstYear Class Result of Tenure Dispute filedinNovemberof 1991 and was to heard by already slatedto teach a section ofcivilproceJudgeSkretny.U.S. DistrictCourt Judge forthe dure each. Olsen agreed to take on the additionalsection. Upperclass studentsregistered Western District of New York, has yet to be to take classes with Blum this semester were acted on. Judge Skretny, in fact transferred the informed by mail over the summer thatthey motion to U.S.Magistrate Judge.Leslie G. Foschio, who also has failed to act on the school. TheSectionOneCivilProcedureclass would have to findother courses. hehad taught for thepast few yearsand which The controversy between Professor motion. he was scheduled to teach again this yearhas Blum and thelaw school beganlastyear when Seeing that the district court was not been combined with Section Two into one he filed complaints in both Federal and State going to act on his preliminary injunction class taught byProfessor Olsen. Court in which he alleged, basically, that he motion in time, this summer Blum filed a Dean Boyercombined the two sections had been unfairly denied tenure. Named as petitionforawritofmandamusintheCourtof this past summerwhen, as he puts it, "things defendants in the suitswere the university, its Appeals for the Second Circuit. The writis [surrounding the Blum law suit] became president the acting provost die former law unique in that it requests the CircuitCourt to muddled." Dean Boyer, who was Dean of school dean, and several law faculty members. actually hear thepreliminary injunctionrather Academic Affairs at the time, says he placed The federal suit which survived a motion to than simply order the district court to do so. Blum on the class schedule last fall on a dismiss, moved into the discovery phase in Blumdidthis becausetherelief soughtmust be granted immediately ifit is to be ofany value. "contingency basis," in the hopes thatthings early spring of 1992 and wastentatively scheduledfor trial inmid-May, butitwaspostponed. would resolve themselves. But by late sumAccording to Blum, thepetition is schedmer, they had not so the Dean had to find an Meanwhile, Blumhad fileda motion to uled tobe heard on September Ist Shouldthe alternate. Only two other professors on the obtainpreliminary injuc tionrequiring theuniCircuitCourt take the extraordinary step of faculty had extensive experience teaching in versity president to guarantee him an addihearing and themotionand granting B himthe the area, Berger and Olsen, and both were tional yearofteachrng. Themotion,which was reliefhe requested, he says thathe would be by Vito A. Roman, Editor-in-Chief Professor JeffBlum may technically be gone, butpartofthe incoming class is feeling the effects of his law suit against the law claim in justtwo years. To date,theD VTF has helped over2oo women. TheDVTF is greatway forlaw students, in particular 1Ls, to get hands on experience in the Court system, working with attorneys and clients, and to learnabout family law. willing to teach "basically, anything." Blum acknowledged that itwas probably too late to step in and begin teaching his civil procedure section, but that he would be willing to teach two upperlevel seminars,perhaps on thefreedom of speech or the War on Drugs. Dean Boyer, whenasked aboutwherehewouldplace Blum should the Second Circuit order him to do so, said hewould "comply with any court order." For now, however, the massive civil procedure class will stay. In arriving at his decision, Dean Boyer said that he ' 'prefers smaller sections because their isareluctance to talk" in a larger class, but that Professor Olsen believed that whenever the class size went above sixty students, that class interaction began to become limited anyway. The standard first year class size at UB Law is approximately ninety students. August 31,1992 The Opinion 3 �opinion my August 31,1992 Volume 33 No. 2 Editor-in-Chief: VitoA.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh LayoutEditor: Gary Simpson Photography Editor: Paul Roalsvig Art Director: Bill Kennedy StaffWriters: W.F. Trezevant Contributors: Joseph Antonecchio, JosephBelluck, Tracy Sammarco EDITORIAL Larger Slate Demands Increased Voter Turnout For Americans, voting in national elections in recent years has become littlemore than choosing thelesser oftwo evils. All too often, voters simplyabstain from voting, sincetheir true preference, voting for' 'none ofthe above," is not on the ballot. This year's SBA Class Director election, however, will be different. More law students want to become SBA Class Directors than in any ofthe past three years, or maybe even more (you look it up). Why thishas happened is anybody' s guess, andeach ofyou will probably attribute it to adifferentreason. Whatever the reasons, you now have choices. Yet having choices mean nothing unless they are informed choices. Ask questions of the candidates. If you do so, the election will become more than a popularity contest. For example, how do they as Class Directors plan to contribute? What do theyknow about the SBA governance system, parliamentaryprocedure, and the law school workings? Do they, as most profess in their candidacy statements (which appear on pages 6-9 ofthis issue), have the time, energy and dedication to do the job well? Even the question' 'what is your vision for UB Law School?'' is fair game since Dean Boyer has put togethera longrangeplanning committee to do justthat, chart the future of the law school, and he expects and desires student input on the subject Anotherreason to vote inthis election isthat themore votes cast, the less the likelihood that their will have to be run off election for Directors whoreceive equal number ofvotes. The soonera full board is set up, the sooner the SBA can get down to business. Speaking of a full board, two pieces ofbad news have come down, both regarding Hank Nowak, currently the SBA vice-president. First, due to time constraints, Hank will be stepping down from his position as VP. As such, an election will beheld soon to fill his post. Secondly, subsequent to his decision to step down, Hank was hit by a motorist whileriding hisbike in North Buffalo and suffered a broken leg and other injuries. He is being treated at Erie County Medical Center. Any well wishes for Hank shouldbe sent to him in care ofECMC, Grider Street, Buffalo. We all wish Hank a speedy recovery. Vote for SBA Directors Today,Tomorrow,Wednesday in front of Library! Copyright 1992. The Opinion.SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpress consent oftheEditors. The Opinionispublished every two weeks during theFall andSpring semesters. Itis thestudentnewspaperofthe StateUniversity ofNew Yorkat BuffaloSchool ofLaw. The views expressed inthispaper are not necessarily thoseof theEditors or StaffofTheOp iruon. TheOpinionisanon-profitorganization, third classpostage enteredatßuffalo.NY. Editorial policvofThe Opinionis determinedby theEditors. The Opinion is funded by theSBAfromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves theright to edit for length and libelous content. Letters longer thanthreetyped doublespacedpages will be editedfor length. Please do not put anything you wish printed under our office door. Submissions can be sent viaCampusorUnited States Mail to The Opinion. SUNYAB Amherst Campus,724 JohnLord O'Brian Hall,Buffalo, NewYork 14260(716)645-2147 or placed in law schoolmailboxes 223 or 611. Deadlines for the semesterare theFriday beforepublication. The ideasexpressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the EditorialBoard ofTheOpinion. The Opinion 4 ,:ust3Ll992 Opinion Mailbox To The Editor: IntheS.B.A.President'sMessage. The Opinion. August 19.1992.1included Professor Swartz' name among those professors who hadnot yet turned in their grades for the last semester. My inclusion ofthegoodProfessor'snamewaswrong. I therefore apologize for this mistake. As we allknow, themajorpartofthis journey through life is the process ofmaking mistakes and subsequently taking responsibility for them. In this vein, I take full responsibility and assure the community that I will make every effort to remedy this unfortunate occurrence. As part ofthis, I have asked The Opinion to publish this letter. YoursTruly, William F. Trezevant, SBAPresident COMMENTARY: Sexual or Sexualized? by TracySammarco Whatis the originofthis heated controversy surrounding the' 'Top Free Seven?'' Mostofusknowthebackgroundofthisstory;thetop freeprotests in Rochester, therecent marchoftopfree Canadian and American women overthe peace bridge. Yet many people seem to be scratchingtheirheads and wondering whythis issue is even an issue at all. A recent article in theBuffalo News by Susan LoTempio would haveusbelieve the subject is anon-issue, the superfluous whim ofsome eccentric feminists who detractfrom more valid questions ofwomen's equality, hi truth, this quandary is not only important, itmight justbe imperative. The assumptions and arguments on both sides ofthis issue tell usa great deal aboutour society andits opinion ofwomen. Isthe female breasta sexual ora sexualized object? The distinctionbetween that which isinherently sexualand that which isimbued withthe ideaofsexuality isthe root ofthemisunderstanding. Onemightwondertowhat endsociety cloaks thefemalebreast in taboo. Mystify it, tantalize your observer with secrecy regarding theobject,and you have a perfectmarketing strategy. Is this not a fairly basic tenant ofsalesmanship? We, as asociety.areraisingourdaughterstoplaytheroleofthe sideshowfreak. Weareteaching ourchildren thatwomen have anatomical parts whichare somehow shocking, wrong to expose in the same way as man exposes his. What makes the breastof a woman sexual and the breastof a mannot? There are parts ofthe human body, both male and female, which we canrefer torather definitely as functioning in a sexual manner. This is not possible with awoman's chest Aboveand beyond the eroticauracreated by the various industries in ournation which profitfrom the sexual breast, the female breast isactually asexual. Howmany industries would sufferfrom the lossofthe sexual breast? Pornography, plastic surgery,swimwear,lingerie...thelistofwhose who wouldlosealarge chunk ofprofitis endless. Thebreastmaybe,righthereandnow,asexualizedobject However, generations ofmen andwomen growing upfrom childhoodwithout a socially constructedawe ofthe femalebreast willnot be givento stareata top free woman in thelocal park. Our aunts, mothers and sisters willbe forus the model ofthe natural, non-sexual breast;justas our uncles, fathers and brothers have shown usthemale version. Many people arguethatthere are issues more pressing thanthe right ofwomento go top free. The factisthatall issues ofinequality betweenthe sexes can be traced to the exploitation ofwomen's sexuality. We are constantly and systematically chopped into tantalizing bitsandrearranged on the pages ofmagazinesand onthefaces ofbillboards. If wehave breasts, buttocks orlegs which somehow deviatefrom the ideal model weare ...Sexualized, continued onpage 10 Whose "Family Values" Are They Anyway? bySaultan H. Baptiste During theRepublican National Convention afewweeksago there wasalot of talkabout" family values." Afterattempting to discern theirvarious definitionsfor family values, I find this year's presidential campaign to be the most frightening I have ever followed. Although atfirst blushthe term family values'' seemsaverybasic concept, ithas been used by theRepublican Party as a "code term to covertly disregardthe needs and interests ofalarge number ofAmericans. The traditional family of"Father Knows Best begins with the premise that motherdoes notknow. The decades ofstruggleforequalityfor whichwomenhave fought isbeing frowneduponby the Republican Party. Is Hillary Clintonreally lessofamother because shechose to pursuea career inlaw? (Why isthis anissue inaPresidential Election anyway?) They are sending a message to women whohave aggressively moved into influential positions in corporateand legal structures thatyoucan'tbeagoodparentand have a career at the same time. For Republicans,'' family values'' means itistime for women to return to theirrightful place in thekitchen and subservientto theirhusbands. The' 'unconventional single parent family isalso underattack. Although few may questionthe benefits ofhaving twoparents to serve as arole model fora developing child, it in no wayguaranteesa healthy familyenvironment Thefact is, thatthere aremany single parentfamilies who havebeen more successful inproviding betterhomes fortheir children than some two parent families. Butwhat single parents are they really addressing? Recent statisticsreveal that 56% ofAfrican American children areraised in single parent households, most ofthem headed by women. What have Republicans provided for them in their platform? It is ignorant to believe thatthe interests ofminorities in America are an important issue in the Republican platform. Through theuseoftwo words, theRepublican Partyhasdenied the cries for change heard from the inner cities during the Rodney King riots earlierthis year. Although several gay Republicans spoke at the convention, it in no way - inAmerica, orthe charges ofho mo sexualdiscrimination withinthe Republican campaign Whose "Family...," continued on nextpage �COMMENTARY: Trials By NatalieLesh "Mary,"theaideshouts. "Theresa man here to see you. Yourlawyer. Do you remember him?'' Theold woman' sgazeis solidlyfixed on thekind, plump face ofthe aide, never wandering to thefigure standingbeside her. The pale, almost translucent skin of her arms falls in folds, rippling towards her equally creasedhands. ' 'Mary," the aide repeats, this time a little louder. "Your lawyer ishere to talk to you." " Yes,"Mary nods, her cloudy and faded blue eyes still not wavering fromthe aide's face. The aide guidesMary' s wheelchair expertly downthewide, desertedhallway of the nursing home. The lawyer follows, silentlyreaffirming his intense dislike for hospitals and nursing homes. A shiver travels down his back as he inhales the sickly-sweet smell ofdisinfectantmingled withurine. But itisthe smell ofage which most sharply offends him. It pierces his body. Chokes him. Pleaseletme diebefore I am sent to a place like this, he prays to himself. The balloon-shaped signonthedoor which has been carefully cut out ofbright pink constructionpaperannounces that they havearrivedat"Mary'sßoom." Theroom is neither spacious nor confining. Itcontains the essentials: bed, clothes cupboard, chair, food stand, dresser. The lawyer'sattention is immediately drawn to the series ofplug outletsby the bedwhichmenancinglyooze long, black, snake-like cords. The large, oversized doorclicksshut as theaide quiedy disappears. The lawyer turns to address Mary and is once again overwhelmed by the smell,that smell. He feels itcrawl over him, settling onhis skin. "Mary," he begins, "do you remember whatwe talkedaboutbefore?'' "Yes." ' 'Do you remember that we talked about whattodowithyourmoney whenyou die?" "Yes." "Do youremember thatyou saidthat you wanted to leave it to the S.P.C.A.?'' Features Editor ' Tdon'thavevery much money." "WelLifyoudo." "Oh." Pause. "Yes." ' 'Okay," thelawyer sighs,relieved thatthingsaregoingsmoothly. "Thepaper that I have here is your Last Will and Testament. It saysthatwhenyou die Imust pay your debtsand your funeral expenses, andthatwhateverisleftoverwillgotothe SPCA." "Letmeread it,"Mary says,reaching out her small,aged hand. Somewhat takenaback, thelawyer hands herthe thick, stiffdocument Mary adjusts her glassesand thenleans overthe first page. They settle into the silence as Maryreads through the entire document, filled with legal terms which the lawyer knows she cannot understand. It isthen thatthelawyer noticesthe ticking. At firstamere distraction,itgrows louder and louder. The lawyer squintsin an effort to block out the tedious, annoying sound. Thetickmgfillstheroom,andwith eachtickthelawyerfeelsamounting sense ofapprehension. Mary's sudden sneezingattackjerks thelawyer'sattentionbacktothe9B-yearoldwoman. She is gentlyholding atissue to hernoseand mouth. "That's my clock," she explains, looking overthelawyer'sshoulder. "Robert letme bringitherefrom my apartment. He had it fixed." Thelawyercringes. Hehadhopedto avoid discussing Mary' sonlychild,Robert, whohaddiesjustsevenmonths before. He recovers quickly. "Roberttookgreatcare ofyou." ButMaryhasretumedher attention to her Last Will and Testament slowly turning to the final page. ' 'Do Isignthis?,'' sheasksthelawyer when she isfinished. "Yes, right here," he responds, indicating a line belowwhich her name is printed. He is barely able to conceal the happiness in his voice. Hecan leave soon. Mary signshernameslowly, forming each letter with careful precision. Two drops ofclear liquid fall from her nose as ... Trials, continued onpage 10 War On Drugs? by GarySimpson On November 3,1992, Americans will go to their local polls to elect a national leader. Bothofthe currentcandidatesprofesstobeadvocatesof "strongandvigorouslaw and order" and the highly touted " war against drugs". On the surface, such endeavors are difficult to argue against however these policies as they are implemented and executed by law enforcement agencies require "strictscrutiny". To many consumers ofthe eveningnews, newspapers andnews radio, the arrest ofstreetlevel drug dealers might appear to bejustdesertsforthe scum whopush poisonous substances on ourfriends and family. Even I sometimes believe the hypeand become tempted to applaud law enforcementefforts onthis particular front thenreality sets in. First I ask myself whetherlaw enforcement agencies are truly interested in the eradication ofdrugsand theaccompanying diminutionin crime thatwould ensue or just selfperpetuation. Ifthe answer is the former, whynotattacktheflowofdrugsatitssouTce. Anyonewhohaseverhvedinaninnercity can identify with thepointlmmaking. There are no marijuana, poppy or coca fields intheinner city, yet the endproductsoftheseplants persistently floodthese areas. It doesn'trequireanexhaustibleamountofcommonsense torealize that ifone wantsto impede the flow ofwater, one simply turns offthe tap. We don'tscoopbitsofwateroutofthesim^wimaspooninhopesthattheflowwillcease. In effect, this isthe folly ofconcentrating on arresting and incarcerating street level drug dealerswhileallowing majortrafficersand theirpoliticallyconnected accomplices to go free. For the government to assert that it is unable torestrain the export ofdrugs to the U. S. by countries over which it wields financial influence insults the intelligence ofthe generalcitizenry. Yet the government struggles tomaintain stable diplomaticrelations withcountries whose major exports include illegal drugs. At the same time, inner city youths are persistently presented to the public asproof that "we are winning the waron drugs." Itmust berecognized thatmore oftenthan not dnn? distribution in the inner cities isaccomplishedthroughupperandmiddle level dealerswhoreside in thehightomoderate affluence ofthe suburbs. Yet, as I drivethrough the comfortable confines of suburban communitiesthere does not appear tobe thelook ofthepolice statereadily found in innercities. However, at thefinaldestination onthe chain ofdrug trafficking(home ofthe nickel and dimestreet dealer)wefmdanovenvhelmingnumberofpoUceofficers wholikenthenexperience withinner cityresidences to "somethmgoutof Gorrilla'sln TheMist." What is even more outrageous is that the majority ofthesepolice officers do notreside in the communitiesthey police. Many police officers view these communitieswitha great deal of disdain. A disdain that is manifested by the infrequent atrocities as viewed by suburbanitesonthe evening news(i.e. Rodney King). Theyarerarely informedthatthese events happen much morefrequent than is suggested in the media. In fact most police brutality cases never make it to any news medium. Mostrecently,onJanuary29,l992 ,in the city ofTyler, Texasperhapsthe ultimate m attocities wasconvnitted by me pobce mthe na^ ofthenight,actmgonan''anonymomtip",tiiepohceburstedmtothehomeofAnnießae Dixon (an 84 yearoldBlackwoman),kicked inher bedroom doorand shotherto death as sherecouperating from illness. As it turns out no drugs were found on the premises. As is frequently the case in suchincidents, the officer claimed he' 'tripped and his gun went off' 'accidentally. A grandjury of 10 whitesand 2 blacks acquitted the officers. Bytheway.twomembersofthejuryelectedtoindicttheofficers. ultimately "the system" Workedforthe officer, but I don't think "the system " workedforAnnie Rae Dixon (may she rest in peace). This is but one example ofthe harsh reality ofthe' 'war on drugs" as itimpacts the inner-cities in general, and minoritycommunities specifically. After learning aboutAnnieRaeDixon, I cannever viewthe so called"war on drugs" as a success. Can you? THE INTERVIEW METAMORPHOSIS - JILL fenME&Y * " 71 Whose "Family..., con tin'uedfrompreviouspage itself.As I satandwatched Buchanan's speech, one would have thought that America was returning to theMcCarthismofthe 19505. Is the Democratic Party really an alternative? The sad fact is that there is no differencebetween whattheBush campaign is trying to do and Bill Clinton taking Sister Soulja' s comments outofcontext to win over this same middle-class, conservative and mostly whitevoting constituency. By playing upon white fear of the Black community, Clinton' s lactic targeted the same group pursued by the Bush campaign in 1988 with the Willy Horton commercial. What is the answer? The fact is this year's election may reflect little change for thesedisenfranchised Americans. Youcannot solve a problem unless you are willing to acknowledge the needs ofAmerica - all of America. To increase the value ofAmerican families one must help those that are in need ofsupport so that America can compete in a global marketand can create a stronger country. Isolationist, domestic policies will only provide greater division within America. However, it seems that those that have, will continue tohave,and those that don't, wil 1 have less. August 31,1992 Tlit Opinion 5 �1992-93 SBA Class Director Candidacy Statements IL's No Photo Provided Patty Campbell, IL No Photo Provided Eduardo Meire, IL I would like to take this opportunity to introduce myself, my name isEdaurdo Meire and I am a candidate for class directorofthe StudentBar Association. Asclassdirector,my objective is to always maintain a close working relationship with the student body and remain sensitive to theirconcerns. In 1991,1received byB.S. in Criminal Justiceat John Jay College ofCriminal Justice in New York City. The study ofcrime and humanbehaviorsparked a tremendous interest in our criminal justice system. This interest has driven me to study law at ÜB. As an undergraduate,while working two years as a paralegal at the international corporate law firm ofBecher, Glynn, Melamed & Muffly, I establishedand operateda mid-sized, familyowned construction company in New York City. Both opportunities havedevelopedgood communication and leadership qualities,which can bean asset when expressing the student's viewpoints. I urge the student body to vote at next week's election. We are fortunate to have a poolofdiverse, highly qualifiedcandidates on theballot Thankyouforyourtimeandconsideration. Best regards. No Photo Provided Chris Shea, IL Since "pleasure reading" during the first year law seems to be a contradiction in terms, my firstpolitical promise is to keep this short and to the point. First ofall, my name is Patricia Christine Campbell (Patty)andlamarecentgraduateofU.B. I like baseball, apple pie,and my favorite color is red, white and blue... Seriously through, when I was an undergrad, I worked full-time and went to school full-time at night. Needless to say, I didn'thavemuch timeforschoolactivities and Ireally missed feeling like part ofthe student body. In high School I was very active as Presidentofthe StudentCouncil and my experience in the Navy has made me a practical ' 'whiz at dealing withred-tape. I am confidentthat I have theability to effectively represent ourclassand although its too early to responsibly debate "the issues, " I dohave threebasic goals ifelectedas Class Director: (1) To clearly articulate the opinions and ideas of our class to the SBA and the Administration; (2) To successfully lobby for the appropriations of funds (out ofan approximately $60,000 budget)toallgroupsandactivities that ourclass chooses to endorse;and (3) To prompdy pass on all relevant information sothat we, as agroup, can make informal decisionsand produce alternatives, if necessary. Thankyou fortaking thetime to readthis and I hope you all come out to vote (and remember, VoteFor Campbell likethe soup!!). One, undoubtedly, would expect thatin the tradition oftrue politics, a candidate such as myselfwouldtake advantage ofthis space by promisingas many things to as manypeople as possible. I wish I could. However, inthewords ofJonathan Swift, "promises like pie crusts are made to be broken." This is especially true in this instance. While I would like to take the high moralroad, the factremains that I've been in this city and at this school for the aggregate sum oftwo weeks. I wouldn'tknow what to promise or to whom. I would simplylike to take this opportunity to introduce myselfto myfellow first-year sutdents and to encouragethemto voteonAug. 31-Sept 2. My name isChris Shea and I'm originally from Hartford, Conn.. I graduated last Mayfrom MaristCollege (Poughkeepsie, NY) with a degree in journalism(perhaps the only field more maligned than the law right now. Obviously, law school was astep up for me). R. Mark Bertocci, IL My reasons forrunning forthe Student As a Class Director, I will focus on Bar Association first-yearclass directorposiout onesimple, yetimportant objeccarry ing tion are pretty simple: I wantto get involved tive: keep open the line ofcommunication to insomethingproductive and challenging. And between the StudentBar Association and first I wantto ensure that my experience and my year students. Toachievethisobjective,lwill class' experience are asrewarding as possible. I encourage all sutdents to voteand to do strive to: 1)keep myself aware of your conitresponsibly (practice safe voting, I guess it cerns and interests, and 2) keep youabreast of could be said). During the course of this the events andissuesregarding the SBA. I feel Ihave the qualifications to fulfill extensive campaign (all 3 days of it), I can both of this objective: part of the aspects confidently say thatevery candidate is welltorun for thepositionof reason decision formy intentioned and qualified. I'd especially like ithasallowed me to Class Director isbecause to note the names of fellow candidates Dave I derive a lot of actively pursue something Marcus, Ed Meire, Luke Bellocchi, Mark new pleasure people. from Those of meeting Urbanski and ScottWich. These students have have am I I you met know and apfriendly my votes andI think they should haveyours as Furthermore, have the intestiproachable. I well (Keep my in mind, too, please). to nal fortitude address a section ormore of In conclusion, onceagain, please try to the so to year first class as of keep youabreast vote and tobe involved. Unfortunately,apathy the issues. and academics often gohand-in-hand as faras Theobjectiveoflceepmgopenihehheof studentgovernmentisconcemed. Thiscanbe communication between first year students changed. LifeinUßlawschoolwillendforall hasbeen A and the SB the coreo fmy campaign of us someday and for the apathetic, thereal it I because feel is the most important element world willprove to be much less forgiving. continued next column Thanks for your time. 6 The Qptnioq Au3gs1t 1992 David Marcus, IL WScioht, IL Totheclassof 1995: Myname is David WICHv. OPPONENTS Marcus. I graduatedformBrandeis University TbeUß First-Year Law Students, 1992 Background: IcometoUßafterreceiving in December of 1991 as an art history major (you can see the obvious connectionwithlaw). my bachelor degreelast spring, in Marketing After schoolIstartedworkingforthe Jonathan and Psychology, from the University o fNotre Woodner Company in the art departmentcat- Dame. When not playing student, I live on egorizing artworks, pricingthe sales ofpaint- Long Island(neartheShorehamNuclear Power ingsand drawingsat Christie'sandhelping to Plant). prepare an art catalog for a traveling art exhiLegal Theory: If you giveme enough bition in SwitzerlandandFrance. Being anArt votes,lwiUbeiepresentmgyoumtheupcorning History major, I was surprised to actually find year. a jobwhichput my concentration to good Facts: I guess this category wouldbest At Brandeis, the majority ofmy time serve to relate my "qualifications." Last was taken up byacademics, my girlfried and summer I wasan EditorialAssistant for alocal the swim team, but I did have some other newspaper back home. The summer before I interests. I spent two afternoons aweek teachwasan intern in the Suffolk County District ing Special Olympic athletes how to swim- a Attorney's Office. I've done considerable rewarding experiencethatacted not onlyas an volunteerwork,includingworking onesummer escape from studying and framing, but also asacounselorinahomefortroubled teens. I've gave me the satisfaction thatI was helping the evenwrittena couple ofbooks nowused atmy community. I beganservingthe community in alma mater. I'm also an eleven-year veteran HighSchool as a defense attorney for the trumpet player, so I know how to dealwith ..Marcus, continued on page9 Wich,continued onpage 9 use. ... Bryce Baird, IL Mark A. Urbanski, IL I am from Rochester, NY and graduated Thank you for taking the time to read fromCornell University withaß.S.inNatural these statements and learn more about the Resources. In 19911studiedresource economcandidatesrunning forthe SBAboard ofdirecics and nature conservation at LincolnUnivertors. SBA really is important, most of all sity Canterbury, in New Zealand. I recently because it allocates funds to other student groups. I believe that when these funding completedafive-month fellowship at thePodecisions are made, itis important to have an litical Economy Research Center in Bozeman, independent voice (and preferably many) on Montana. I have also workedfor The Nature the board thatis not beholden to any particular Conservancyas a conservationeasement docu"party" or slateofelected candidates. Thatis mentation intern. Given mybackground, itis understandwhylamnmningforaseaton theboard. lalso able that I am particularly interested in envifeel thatthe SBA should have a higherprofile and sciencelaw. As ronmental.biotechnology in the school, not justlimited to "party at...'' notices scrawledonblackboards. Perhaps the SBA director,I planto encouragethe developSBA, like so many other groups do, could ment ofthese appliedfields oflaw at Buffalo, sponsorprogramsorbring inspeakers, ormaybe along withother fields of interest to Buffalo students. Law is becoming increasingly spesomething else... I'm open to suggestions. cialized,andwemustsupportourcorecurriculumwith specialized offerings. I alsohope to encourage an atmosphere in effectiveleadership; afterall, Class Direc- ofcooperation and supportamong Buffalo stutor is elected by his classmates as theirrepredents, afterall, weare future colleagues. I will sentative,to serve on the class' behalfand not insist onthe highest standardsofethicalconduct to pursuehis orher ownpersonal agenda. possible, to protect the interests ofall students continued nextpage, bottomfirstcolumn �1992-93 SBA Class Director Candidacy Statements No Photoi Provided Adeline Goldman, IL Luke Bellocchi, IL Perot Clinton, Bush?- what's up with Marc Panepinto, IL that? All I can say is that ifI get electedas a SBA Director, I promise to inhale next time and then I justmight see the Thousand Points ofLight. I feel thatas first year students we won't get to know any ofthe candidates well enough before the election toknow how well they willservethe community(or whether they will have an affair, bribe professors, misappropriate beer money, etc). However, what I can do is show you whatI' ye done in thepast and what Ihope to achieve as an SBA director. Atthe University ofRochester I (was): -Resident Advisor- 2 years -Class Senator-Student Senate -Senate Parliamentarian -Chair, Academic AffairsComm.ofthe Senate -SteeringComm.,Community Service Dorm -Political Science/PsychologyMajor For the purposes of time, space and repetition, I willforego describingthechronology ofboth my educational and life experiences which''qualify me to be aclass director. Theonlybiographicalinformationnecessaryismyname.MAßCPANEPlNTO. The conceptofthis introductory articleis to allow people to makean informed choice about the firstyearclassdirectorcandidates. Although itseemsridiculous to thinkthat any onearticle could achieve this goal, I will attempt at a minimum to convey my attitude ofwhat studentgovernmentshould do. Studentgovenmenttobesuccessfulmust empower, inform and service the needs ofits constituents. AtUB empowermentcomes in many forms, butthe most glaring example is thatwecontrol our ownmoney. The student fees thatlaw studentspayare collectedby SubBoardOne, andturnedover to SBA to distribute asitwishes. Oneofthemostimportantjobsof ...BeUocchi, continuedonpage 9 ..Panepinto, continuedonpage9 Gwen Carr, IL I am running for class director because I wantto help serve the interestsofthe student body. I am interested in hearing about the concerns that students have about the law Hello to the enteringclass ofthe Universityofßuffalo SchoolofLaw. Congratulations onyour individual accomplishments in gaining entranceto law school. My name is Arlene Goldman and I amrunning for theposition of Class Director with the Student Bar Association. lamfromNewYorkCityandreceivedmy B.A. in English fromLehman College ofthe CityUniversity ofNew York in May, 1991. I am interested in becoming Class Director because I am confident thatIcan relate to people on all levels and do an effectivejob ofrepresenting your interests to our Student Bar Association. Two years ago, I performed an 8-week internship with the Congressional Hispanic Caucus on Capitol Hill, which afforded methe opportunity to interact with members on all threebranchesofgovernmentandmany individuals employed withthe variousadministrativeagencies in Washington, D .C.. This experience encouraged my interest in government and politics. The following yearI servedas a student senator for Lehman. Through my membership withstudent government andBudgetCommittee I was able to get answers to many ofthe questions studentshadregarding the spending oftheir activity fees. Also, I was part of a student-facultylobbying team in Albany during the 1990 legislative session. Subsequent to my graduation from Lehman I became employed at a non-profit organization, whichprovidedemergency food and social services to low incomeand homeless people in East Harlem. Atthisjoblhad a lotofcontact withourclients. I advocated for entitlement benefits, madereferrals forhousing, food, job training and many other programs. Ileamedthatkindnessandunderstandingwereenoughto support the dignityofthose who depended on our services. These experiences have taught me that I possess the ability to understand and work with people from all walks of life, from the homeless ofNew York City to our elected officials in Washington. If I am elected as Class Director I can only say that I willapply the same effortand dedicationas I have to all ofthe otherprojects I've even undertaken. I willwork diligently tolink yourconcerns with theactionsofour StudentGovernment Thank schooland in ideas forremedying those concerns. Inparticular,theneedsandconcernsof minority groups are important to me, especially those groups whose voices often go unheard. I do not haveany prior experienceon a student council. However, I have hada variety oflifeexperiences thathavehelpedme understand people's problemsand findsolutions to them. Before coming to law school, I worked for threeyears as amental healthcase manager at an outpatient mental health center. The job ofamental health case manageris toadvocate for the needs of people with mental illness. Thistype ofworkrequired anability to beable torelate to people and to be sensitive to their unique problems and difficulties. It also reqi \ed goodlistening skills. The ideaofcommunity, and ofpeople looking outforoneanother, is also important to me,especially in today's world wherethere is an overemphasis on individual interests. I experienced the values ofcommunity living when I first came to the United States after leaving Great Britain, which is where I am originally from. I lived and worked at acommunity withpeople from differentcountries and with different disabilities. One of the ideals we strove for at this community was making decisionsby consensus. These experiences taught me how to be both a teamplayer, anda leader. Most importantly, they also made me realize that I can you help others. That is why I want to become a class director. Thank you forreading this statement. 2L's No Photo Provided Paul Beyer, IL My decision torun forFirst Year Class Director stems from my sevenyears ofpub he service experience and my strong social convictions. As anaide to ahigh-ranking Member of New York State Legislature and subsethe quently, alegislative reform lobbyist for the American Cancer Society, I foughtthepowerfulinsurance and tobacco industries inAlbany -and won! Througheffecuvecoahtion-building, grassroots advocacy and pure tenacity, I successfully promoted the passage oflandmark legislation this year to endhealth insurance discrimination in NYS and combat the dangerous trend ofchildhood tobacco addiction. Basicalry.lknowhowtogetthejobdone, regardless ofthe opposition. An underlining goalofminehasalways ...Beyer, continued onpage 9 at Buffalo and to make surethatpeople leave this law school with a respect for ethics. Finally, I will do my best to listen to your concerns and to allocate our school'sresources andeffortsaccordingly. Joe Khanna, IL I hereby submit the following statement in supportofmy candidacy forFirst YearClass Director. I thankall those who supported my nomination to this ballot,andI lookforward to Christin Horsley, IL My name is Christin Horsley, and I am running for one of the six positions ofClass Director. Amidst the chaos of the past two weeks, I've met some new faces and made meeting, personally, each ofthe members of some new friends, yet stillhave many more the FirstYearClass. lam a Canadian citizen, people to meetand friends tomake. Forthose and myparents are fromIndia. I haveresided ofyouwhodon'tknowme.rdliketointroduce intheStateofNew York for fifteenyears. My you to whoChristen Horsley isand why I am undergraduate majorwas Psychology. I first running forClass Director. Who isChristen Horsley? attended Pace University and then received I have brown hair,blue eyesand am five my degree from SUNYatPurchase. Ihavebeen active in student activities and have held the foot and 3/4 ofan inch, to be exact. I grewup electedpositions ofVice-Presidentand Presi- in the small town ofWarren, Pennsylvania dent-Elect ofthe Psychology Club at Pace. (about 11 12 hours fromhere). Asanundergrad, These positions provided experience in vari- I attended Grove City College andgraduated ousacademic, budgeting, and social planning withaß.S. in Accounting. issues. I haveremained involved in athletics, Why am Irunning? S.B.A. is an extremity ofthe law school particularly in the sports of wrestling and Ultimate (when we talk I will be happy to whichismeanttoserveus.thestudents. Tobe effective, it must have competent leadership elaborate onthe sportofUltimate). Additionandrepresentatives. I feel thatI can fulfillthis ally, my involvement in academic and campus- based activities has been supplemented mandate and contribute to the process. Conby threeyearsofemploymentin research and tribute what?my time, commitment energy, development at the Pepsi-Cola Company in organizationand hardwork. SorememberonMonday, VOTEC.H. ...Khanna, continued onpage 9 No Photo Provided Joel M. Sunshine, 2L Welcome back! UBLaw has seenmany changesthroughout our firstyear, including the appointment ofßarryBoy er as ournew Dean. Right now, our school is at a crossroads and thereare many directions wecan follow. SBA is the only avenue for students to voice their opinionsregarding which directionthe school will take. I do not have all the answers. However, Iwill be receptive to any opinions, complaints, orquestionsyou may haveand will pursue theanswers foryou diligently. I have been involved in studentgovernment ever sincehigh school. It has been my experiencethat despite popular opinion, studentleaders are able to accomplish many of theirobjectives with proper effort. I hope you will give me the opportunity to have many similarsuccesses hereatUßLaw. Andasltold my 9th grade classmates, when I ran for treasurer, I urge you to "PROTECT YOUR MONEY, VOTEFORSUNNY!!"fThe slogan stillworks.) August 31,1992 The Opinion 7 �1992-93 SBA Class Director Candidacy Statements Charles Greenberg, 2L Aslbeginmy second yearofLaw School, I can nothelp butbe amazed ofthe incredible changes whichhave occurred during my stay here. Thistimelastyear.manyofmefirstyear studentswere upsetbecauseofthe changes in theResearch andWritingProgram. Therewas noBuffalo Environmental Law Journal. The new Student Union was stillunder construction. Buttoday.allofthis seemslikearemote memory. Many ofthe early fears about the Research and Writing Program have been allayed. New groupsand journals, like BELJ have come into being. And, ofcourse, thereis the new Union. What makes all ofthis possible is studentaction. Without suchaction, the faculty might not have been under such pressure to organize the Research and Writing program. Without student action, there would be no clubs to improve our law education. As an undergraduate hereatUB, I sawfirsthand the student action which made possible ournew Union Welaw students have our own governthe ment Student Bar Association. However, for too long,ithascome to symbolizethe worst among us,senseless ideologicalbickering over funding forclubs and other suchdivision. When it was not fighting over your money, it was organizing parties. However, the time for parties and infighting isover. Student Government is far too important for this. SB Aisina position to bemore thana greatparty, namely that it should become an effective voice to addressall student concerns. Take, for example, our law school's current gradingpolicies. Itpleasesmethatthe faculty has voted to restore the A through F system for the incoming class. However, itis time we didso forthereturning students. This change, I believe, is imperative in order to improve ourchances in today' stight jobmarket Furthermore, grades MUSTbepostedby the deadlines. Our programs have over two months to gradepapers. Yetmanyofthemtake much longer than that Notonly is this disrespectful ofstudent concerns, but italsoweakensourability to compete forjobsbecause we cannot present complete transcripts to prospective employers. This must end andSBA must take the lead to seeing that it does. SBA must also take the lead in addressing other student concerns. I know from my conversation that many ofyou are concerned with the environment SBA is in a position to do something in this area as well. If we can organize a central bulletin board on which all SBA clubs may post their notices, we end up cramming the mail boxes full of announcements, most ofwhich get thrown out in any event Furthermore,itshouldorganizearecycling program for aluminum cansin conjunctionwith theBuffalo EnvironmentalLaw Society. Perhaps if we were to place large garbage cans in frontofthelaw library, wecan collect the cans and use the money from them to further studentactivities. Campus safety is yetanother concern whichmany ofyouhave. Here,as well,SBA canmake a positive contricontinued next column 8 The Opinion Kevin Collins, 2L My name is Kevin P. Collins and I am running for Second YearClassDirector. First ofall, let me tell you about myself. Quite simply, Ihave a sincere, genuine interest in the interactions between the students, the school, anditsadministration. I, tikeanyother student (and correctly so), wanttogetmy fullmoneys woimoutoflxithmytuitionandstudentactivitiesfee. I shallwork to the bestofmyabilities to ensure thatwe, as students, do getourjustand failvalue forourmoney. I wentto John Jay College ofCriminal Justice, CityUniversityofNew York(CUNY). I attended college full-time and worked fulltime(overfortyhoursperweek). Whilethisdid not afford me the time to join extracirricular activities (in fact it gaveme very little orno free time), it did put me "in touch with the special interestsand concerns ofworking students,part-time students, and those students, likemyself, whotook courses in theevening. They (we) pay the same tuitionand fees and, accordingly,are entitled tothe same benefits. I,again, shall work to the bestof my ability to see that this is so. A work-related experience givesme the impetus to beinvolved inthe SBA. I workedas adoorman duringmy collegeyears to pay my tuition and to support myself. Here, I was elected by my co-workers to be their Shop Steward, therepresentative for them toLocal 328-32J,the Serivce Employees International Union, AFL-CIO and the management A numberofissues arose inwhichI had torepresent one, ifnotalLofthe employees to management and/or the union. One particular issue stands out: management tried to take away vacation benefits guaranteed by our contract through anegotiated labor bargaining agreement IfUedapetitionfortheemployeestomy union,and the National Labor Relations Board and I also filed a grievanceagainst management. Afterawhile,convincedofour seriousness, theability ofthe employees to stick and work together, and faced with thereality of arbitration, managementrestoredourvacation benefits. This showed me the necessity of employees or studentshaving to stickand work well together. It also made me aware ofhow effective representation is needed to ensure continued next column button. In conjunction withPublic Safety and theAnti-Rape Task Force, it ought to organize somekindofpatroloftheLaw School facilities at night,which wouldinclude walking students to their cars. This is particularly necessary given the campus's high crimerate. SBA ideally should be founded on the principle ofstudentunity. All students, irrespective oftheir race, religion, color, sex or sexual orientation, must feel included within the gorgeous mosaic wliich is our Student Government Wheretherewasonceideologicalbickering and posturing, there should be a spiritofcompromiseandnegotiation. Because I wish to make SBA into an effective voice to address all studentconcerns, Ihereby announce my candidacy to be a Second Year Class Director. August 31,1992 Sarah E. Swartzmeyer, 2L Gary Simpson, 2L As 2L's we've all become well acquainted with both the positive and negative realities ofUBLaw. The SBA was created as our primary tool for affecting theserealities. As such, it has been one ofthe SBA's most importantobjectives to strengthen thevoiceof students intheadministrative decisionmaking of our school. Similarly, ithas also been one ofthe SBA'sobjectivesto fosterastrong sense ofcommunity among students. Asamember oflastyear'sboard, I feel confident in both myabilities andexperience to help this year's SBA officers accomplish thesegoals. Iknowhowthe system works,l've seen the mistakes, and I'm prepared to work hard to bean effectiverepresentative. Please give me your support and your Itismy intention torun forthe office of 2nd YearClass Director. Ifelected,my major concern willbe to keep themembersoftheLaw School's second yearappraised ofall activitiesregarding studentgovernmentand administration. Moreover, Iwillactasaconduit for second class student's concern. Myownpursuit however, willbe to urge student government to pursue those policies and activities which will enhance thereputation oftheLaw School, thereby enhancing the marketability ofthe school's graduates. vote! No Photo Provided Chandy Sweet, 2L My name is Chandy Sweet, and I'm running for the position ofsecond year class No Photo Provided director.Iwon'tmakeyouanypromiseslcan't keep, and I won't try to dazzle you with my resume, rmninnmgforclassdirectorbecause Andrew Sabol, 2L Hello,my name isAndrew SaboL and I'd Ihave agenuine interest inwhat goes onatUß like to become a second year class director. Law, and I wantto bring about some positive I'm not going to ramble on here about how changes to help makeeveryone's experience qualified I think I am forthe job,norami going here a good one. I'd appreciate your vote. to make aspeechaboutallthe greatideas I have Thankyou. forchange. Sufficeittosaythatiflamelected, I'll to to all the meetings and do the best job I believe inplaying procedural games orpolitical power plays. Idobeheveinexamingthe can. Thanks for yoursupport. issue before us, seeingall thepossible alternathat ourrights and benefits are not infringed tives, and deciding on the merits whatis best upon or denied. I shallwork to the bestof my for law students as a whole. I ask you to ask abilities to ensure that we all receive that to people whoknow meand have worked withme which we are entitied. if you do not know me. I believe all this This leads in to why I want to be a experience and desire that I bring to the job member ofthe SBA to represent the law stu- makes me qualified to be onthe SBA. dents. Irecognize that wehaveto work together Specifically, as Class Director, I am and thatc ffective representation is needed. As willing to workhardand put in the time. Hike alaw student hereI joinedmany great groups to use the analogy that as Director I will (as I never had the opportunity in college). I endeavortobeagoodbankteller. Itislikewhen have had the pleasureand learning experience yougointoabank. Ifyouhaveagoodbankteller ofworking withand belonging to BPILP and youcanhaveyourbusinesseffectivelydonein helping to setup the Pledge Drive, the Prison ashorttime. But ifyouliave an unqualified one Task Force, the NLG, the Homeless Task who doesnotknow whattheyare doing, it can Force, In ThePublic InterestLALS A's Spanturn into an ordeal. Youhave to speak to the ish for Lawyer's Course, the HibernianLaw Manager, wait forever, etc., etc.. Society, and, ofcourse, writing forThe OpinSome ideas thatI wouldlike to impleion. This made merealize thatnot only do we mentas your SBA Directorwouldbepossibly as studentsneed effectiverepresentation indisetting up a Loan Fund that student groups vidually, but also that student groups' and couldborrow money from to use for fundraising organizations' needs and interests must be and thenrepay (i.e. youhave to havemoney to heard. make money). I would advocatehavingalarge I have sat on three SBA Committees: unallocated reserve so that as over the course The Constitution and By-Laws Committee, oftheschoolycarasvariousneedsand projects the Gradesand Registration Committee, and develop for the student groups,there would be the Budget Committee, which hears all the enough funding to distributeas thecase arises. groups' requests forfunding for the upcoming I would try to use and work with Sub-Board I fiscal year. This further put me "in touch" more efficiently, so that student groups can with student groups. lalsoamamemberofthe effectively run theirorgan izationand that they FSRB, theFaculty-StudentRelations Board, can "tap into" someresources that Sub-Board which is the governing body in the law school I has, suchas extrafunding being available for forhearing grievances amongstudentsand for speakers and social events. Lastly, instead of petitions filed by studentsagainst the faculty. funding groupsonce ayear at thebudget meetI havebeen on the SBA for afull yearalready. ing for speakers which they do not know when I try to be as fair and neutral as possible when they will come or at whatcost I propose having groups or students come before us. I do not a Speaker's linereserved in the SBA budget so believe in votingRepublican orDemocratic, thatas a particular group hasa speakercoming Right orLeft, Conservative orLiberal. I do not to thelaw school they can request funding then continued nextcolumn continued nextpage, bottomfirstcolumn �1992-93 SBA Class Director Candidacy Statements 3L's No Photo Provided Michael Radjavitch,3L This briefstatement is to announce that I,Michael Radjaviteh, being dulysworn inand ofsoundbody(andnnnd??),amiuriningforthe Tager, Lara Greco, esteemed position ofThird YearClass Director-that's right, yofcr representative to the and Nancy Johnson, all StudentßarAssociation Isupposesomeofyou will seethis statement as mere proof that I'm 3Ls a forpunishment and perhapsyou're glutton Some of us see things a little bit correct inreaching that conclusion, but then differently...Vote Greco, Johnsonand Tager again, I have always been a masochist (as for 3rd yeardirectors. several unidentified students have somehow attested to). No Photo Provided Enough ofthe humor! Here'sthescoop. I was your active, and evenrespected, Class Director during thepast academic year. I did my best to participate in allaspectsoftheSßA, Foudy, 3L and to do sowith thebestinterests ofthestudent My name is John Foudy and I am currendy running for the SBA office of3rdyear bodyinmind. Hell,levenranfortheofficeof SBAPresidentatthe endbftheSpring semesclass director. ter. Most ofyouknow me; some ofyou even If nothing else, I believe change is knowmeverywell,despitemyconstantefforts good, and since I haven't been on the SBA before, Iwouldrepresentchange. lalso believe to bean introvert(alright humor hadto again in compromise and that the conduct ofSBA rear itsmonstroushead—it'stheonly thing that affairs(such as the SBA budget)need notbeas allows me to maintain my sanity). Let'sbefrank foramoment Mostofyou difficultand contentious as in the past. know whereI stand;therehave beenno rhajor changesoverthesummer("Myheartisinthe same place it used to be. My head is somewherein between.")Those ofyou wholikeme willprobably vote forme, and thosewho don't may evendo the samebecause yourealize that I can and will do the job. No Photo Provided Geoff John I L's cont. , ...Marcus,icontinuedfrompage 6 OrangetownYouthCourtandTappanZeeStudentCourt TheOrangetownYouthCourtgave mmorschargedwimarnisdemeanorthechance to have theircases triedby theirpeers, instead ofin family court. Iffound guiltythey would perform community service. When performed, theincidentwouldbetakenofftheirrecord. I Scott Rudnick, 3L also playedtrombone in theBrandeis OrchesIfreelected, Iwill continue to strivefor tra(agoodquahfication forthisposition, right?). greater accountability atboth thestudentgovIdonotthinkthereshouldbeanyparticuernmentand law schooladministration level. larplatformforanystudentninningforoneof Thedecision-making processes thataffect our the six positions in the first-year class. I school must be open to the students,and the personally do notlike our grading system and powers that be must be accountable to the would like to see itreviewed. If elected, student body. With theappointment ofanew however, and if amajority of studentsare in Dean, statebudget cuts,rising tuition,a dearth favor ofthe present grading system, I would ofprofessors and class space, and political follow theirwishes. Whatlamreallytryingto factionalism, thelaw school is at acrossroads. sayis Iwilllisten to any studentwho wishes to I want to ensurea studentvoice inthesecrucial talk to me. Asa representative ofthe class, I times. I also encourage greater student atten- would make my agenda your agenda. I would dance and input at all SBA meetings. Most also particularly like to hearfrom any minority 3L'sknowmy politics, and I'll continueto fight students, whether it concerns ethnicity,relifor what I believe isright giousorientationoradisability. Imyselfhave a disability and itwould have been beneficial for me to have had someone to talk with at Brandeis about my specialconcerns. Get out andVote! Thank you for taking thetime to read this , littlebiography. Please remember to vote. ...Wich.i continued frompage 6 people wholike toblow hotair around. Relief Requested: For you to votefor me. Issue: Will you vote forme? when they know all the details, not having to Holding: Youvotedformefhopefully). guess a year in advance. As first-years, I feel that it Reasoning: Inclosing, Iwouldlike to say that I learn is that improbable anyone running for the much from my student extracirricularactiviof class directorhasenough year vote. first position ties. I ask you to get involved. Please knowledge insight or to staterelevant issues Theseareyoustudentactivitiesfees. Without have ideas which I might andpositions. I therewould not be law school. some you a Voiceyour to to Association, such like the presented see concerns. Ipromisetoworkhardandtothebest as a review of grading procedures (both of my ability to ensure that students' and prompt ofgradesand of categories reporting met and thatthe groups' interestsand needs are orders, themby UBLaw professors), clothing is run to SBA fairlyand efficiently. I ask you andsign-up sheets to heldform study groups. please vote for me, Kevin P. Collins, However, the single plankof the "platform as your Second Year Class Director. onwhichI standinvolves acommitment to the concerns and interest of the law school community. The first wordin the SBA is " student." My orientation will alwyas be to listen to and represent the issues and positions held by the students ofourclass. I will make every effort to ensure thatthe SBA focuses its effortsand resources towards its source ofpurpose- you, the student. Thesecond word in SBA is''bar.'' As such, I wouldadvocate activities andprograms whichassistour journeyinto the world oflaw. Perhaps one of the best ways would be to coordinate with the Office of Career Development onprograms which willenhance our understanding ofthe field. Another plan mightorganizeagroupofsecondand third-year studentstoadviseand guide first-year students. The final word is "association." This is a team effort. The SBA is a team which exists to provide for the student I believe thatas a class director, Iwill possesspower onlyto the extent that I empower each individual who comestomewithanissueorconcern. Themost effective SBA will bea team effortbetween yourrepresentativesandyou. Dicta: Five ofmy colleagues are also running forthe class director positions: Luke Bellocchi, Dave Marcus, Ed Meireand Mark Urbanski. I believe we share some common goalsand willmaintain a team effort to further theiepresentationofmefirst-yearclass. While Iassure you thatI willserve with equal fervor regardless ofmy SBApartners,lfeelateamof myselfand theabovementioned will bestserve yourneeds. Campaign promises are often a taboo concept, so I willmake only one- to be opento yourvoicesduringtheupcomingyear. Tostart, linviteyoutocallme(64s-4264),ordropoffa note(Box 554),withany questionsor ideas you mayhave. Thankyou. ...Panepinto, continued frompage 7 aclass director is to makesurethat ourmoney is equitable distributed. Empowerment also comesinthe formofactively involving peoople in theeducational, politicaland social aspects of law school. To this end I would actively recruit people to get involved in the various committeesofferedbytheSßA. Astheorganizerofthelaw school volleyballleague I have alreadyrecruited around 50 first yearstudents to participate. The second goalofstudent government isthatit must actas a clearinghouse of information. ÜBisahugeschoolwithapopulation of over 26,000 students. Although we are somewhat sheltered here at the law school, thereare stillnumerous opportunities to enjoy and obstacles to avoid. SBA should be the source oftins information. In thisregard Ihave theadvantage ofboth growing upin Buffaloand previously attending ÜB. The final piece of my perspective on student government is thatit sould service the people it purports to represent. To me this means being visable and available to all first yearlaw studentsregardless ofidelogical or philosophical differences. Historically SBA politics has been an idelogical battleground where the primary casualty has been its own utility. Althoughlhavestrong beliefs onmany topics, these would not interfere or deter me from making SBA themostresponsive, informative and fun place that itcan be. , ...Beyer,icontinued from page 7 beentoholdgovemmenttoahigherstandardby demanding that elected officials reject corrupting influences andcatertothe people they were electedto serve. Ifelected to the Student Bar Association, I can only expect to hold myself to the same high standard of trust integrity and just representation that I expected from others. As Class Director, I will aggressively address the myriadissues facing UBlaw students; issues ranging from parking and the ...Bellocchi,i continuedfrom page 6 -FromaroundUtica, NYbutako lived in grading system to maintaining the school's unique mission and strong standing in the Washington, DC academic community. Inaddition, I will seek -Member, Rugby club toencourage and promote newinitiatives, such -Became interested in internationallaw astherecently published Women's Law JourA4terlgraduated,lworkedforayearat: nal (' 'CIRCLES")and the new student loan forgivenessprogram. -Baker & McKenzie The position ofClassDirector has the -NationalHeadquarterto be an important catalyst for action potential s H. Wofford(PA) Campaign IfyouelectmeSßADirector.lhopeto: and changewiththerightpeople occupyingthe -Enhancethereputationofour law school office. Withoutcommittedpeople.however, to all major lawfirms and thefederal itcanbereduced toamere bullet onsomebody's resume. government I hope thatyou will give me the oppor-Createa strong community association in ourclass forafuture UB network tunity to use my background and advocacy -Reach outto otherlaw schoolsthrough skillsto effectively represent your interests in the Student Bar Association as First Year more competitions, suchas moot ClassDirector. court -Strengthen ourcore in international ...Khanna, continued from page 7 land trade law, as well as environ downstateNew York. mental law, and public servicelaw IntheshorttimewehavebeenhereatUß -Proliferate more law school emblems Law wehave contended withnew classes,new onT-shirts, postcards, etc.(raise professors, new friends, and new problems funds inthe process) (excuse me, I meantnew challenges)-essen-Obtain theoption ofSingle (individu tialfy, a new way of life. And here we are ally occupied) dormrooms for first presented withthetask ofdecidingwho we will yearstudents elect to some obscure position that everyone -Consolidate the 3 studentID cardsinto withanominating sign-up sheet keeps calling onecard "ClassDirector". Ihaveheard peopleexpress have andalways willbe committed to theirinterest inassuming this title,who scarcely I servingthe community. In electingmeas SBA canrjegmtoexptamtheposition'sfunction. In Director, you will be gainingalot ofmy time caseyou'rewondering... ' andeffortto improving ourcommunity. Please There will be six Class Directors from feel free toapproach meat any timeconcerning the First Year Class. The charge of each any problems orsuggestions youmay have. director will beto sitaschair ofone committee I encourage everyone to vote asthereis and report thatcommittee's progress (or lack a very toughh choice to make in a very competithereof) to the executive committee-at-large. tive fieldofqualitied candidates. In speaking These committees are open to any interested with other candidates I have come to know lawstudents. Ideally, inperforming his or her ScottWich,Eduardo Meire,Chirs Shea, Mark duty, each Class Director wdl beoperating in Urbanski and David Marcus as candidates I the best interest ofthe First Year Class. find most qualifiedand deserving ofmy addiTheClassDirectorpositionsrepresenta tional votes. Bestregards andthankyouforyourtime. continued nextpage, top offirst column , , August 31,1992 The Opinion 9 �L'scont. < ...Khanna, continuedfivmpreviouspage unique opportunity tohave the concernsofthe FirstYearClass brought tothe attentionofthe upperclasses, the faculty and theUniversity.. Perhapsmore important however, will bethe hands-on involvementofourentireFirstYear Class. My observation hasbeen thattheadministration here at UB Law does listen to the student body. This presents uswith an even greater opportunity to helplead thisschool in adirection ofour choosing. Ifyou'veread this far, I' 11be willing to betthatyou will beoneofthose in theFirst Year Class that will vote(betteryet you'llbe oneof ourinformed voters). So,here is my pitch: As Class Director I will distribute to everyone in our Class a survey/feedback questionnaire to gainan understanding ofthe issues of greatest concern in the First Year Class. I will not guess at whatyour concerns are. I will simply ask you,and thenrepresent those concerns. "HOLD ON- ourclass demands more than justpuppet representation!! WewantaClass Directorwithsomeagenda(In fact,weknowyoumusthaveone,solet'shave it!!!)". Alright, I am deeply committed to obtaining accessible child care for law students. I want an institution that is equally committedto the wholeperson, andthis must include our family concerns. Also,we aresurrounded byatremendous University and yet are too far removed from it. I want to work to strengthen our alliances withotherUniversity programs (both, academic and social). Therecentappointment ofDean Boyer is likely to help facilitate this goal. My committee interestsinclude those concerning admissions standardsandacademic curriculum. We have therequisite 3 Fs tohelp guide this Law School to prominence: the Facdities, theFaculty and now thisFirst Year Class. I look forward to working withyou towards our mutual continued success in achieving academic excellence, and having a good time at it, too. ...Trials continuedfrompage 5 shebends her head downward. ' 'Now, justonemorething," thelawyer cheerfully exclaims. "YourHeahhCareProxy. What this saysi5...." 'Thread it" Again, Mary is handedathick document She reads it cover to cover, and then looks expectandy at the lawyer. "Isitallright?,"heasks. "Youdon't wantartificialmeansofsupportifyouarevery sick, right?" "Huh?," Maryasks. Louder, thelawyer repeats, "Youdon't want artificial means ofsupport to keep you alive ifyou are very sick,correct?'' "Huh?" "You don't wantto be hooked up to machines to keep you alive, do you?," the lawyershouts. "Oh. WelLlsupposeldon'tverymuch care one way orthe other.'' New Offering:The PrisonTask Force Practicum by Joe Antonecchia tionalFacility isrequired bylaw tohave alaw The Prison Task Force, a student- library. An inmate whopasses the testreceives founded, student-run organization, begannearly lawclerkcertification, enabling her or himto fifteen years ago. The Task Force is unique work,for nominal pay, in theprisonlaw horary. among law schools UBLaw iscurrently the This year the TaskForce isthe inteonly law school in the nation with a program gralpartofanewpracticum offeredin dieLaw aimed at teaching prison inmates basic legal School, supervisedbyProf. StephaniePhillips. research, andis continuallycontacted byother In the past Prof Phillips has supervised a schools wishing to establish such a program. programin which students completedpapers The Task Force sends small student groups on theirPTF experience for independent study (usually comprised of8 to 12students each) to credit She saysthatbecausethe standardsfor prisons around Buffalo. Usually two or three grading thesepaperswere unclear,and thatthe prisons areprovided withthe course, and each requirements morereaddy fitinto the framesemestertheTaskForce triestoreach different work of a practicum (i.e., law-related work prisons. The instruction consists of weekly performed in conjunction with an external classes taught over an eight weekperiod for officeorsupervisor,subjecttotheapprovalof about two hours in theevening. Aclass is ona afaculty supervisor), she decidedto create the specific topic(e.g. Digests), beginning with a PTF Practicum. Prof. Phillips also plans to lecture to a class ofinmates and ending with takepart in this semester'sPTF work,includsmall group exercises wherea law student is ing participating in the classes at the prisons. paired off with two or three inmates. The She hopes that her experience with PTF this practical aim ofthe course is to prepare the semester will enable her to "be amore effecinmates for the Department of Corrections tive liaison between the PTF and the Law Prison Law Clerk's exam. Every State CorrecSchool" and to provide an added source of - From the Cheap Seats "Batman's Basic Instinct* byß.B.Zeke Does Batman get laid? Not m this return,he doesn't. He should have visited the set of "Basic Instinct wherehecouldhave released some ofthatßat-tension. (A phenomenon not unknown to law students). It seems like fighting bad guys in Gotham City and hanging out with loyal Alfred (what's the deal withthose twoanyway?) in themorbidmansion doesn't quite do itfor Bat-weinie. Admittedly, thereare afew sparkswhen hecrosses paths withMichellePfeiffer's Catgoddess and theybegin to discover each other's duality. " You've gotkindofadark side, don'tcha?" asks Batdud's alter-ego of Selina Kyle, Catmama's civilian side. "Not any darkerthanyours,Bruce," shereplies. But alas,it remains unrequited lust This fhck«ozes sexual innuendo and comic book violence from every pore (paw),but itnever gets to the mo' better. The solution is clear: Shuffle the deck!Recruit Sharon Stone. Wealreadyknow she can handle the Cat-karatekicks based on her "Total Recall" gig. (A co-critic ofmine, who prefers to go by the handle "Butter," adamantlymaintains thatSharon doesn'tactual!y provide the lightning boltleg action in that flick. Hey man, don'tburstmy bubble, okay.) And nothing getsbetweenSharonand herbasic instinct. Youjustknow thatifSharon wascast asCatwoman, her Cat-battles would have to wait until her Cat-itch was scratched. Andwhat ofpoor Penguin, who has been dumpedby patrician Pec-Wee into the sewers ofGotham? He is perpetuallydrivenby his basest instincts. WhUePee-Wee hasbeen liberated from the manuallabor ofhis reality and joined the effete elite of Gotham City, whatrecoursedoespenguinhave?Hewaddles through the film mumbling crude,lewd suggestions to Catbabe or any other female within earshot. Understandably, nonewillhaveanything to dowith him. Heisnomore creepyanddespicable than Nick Curran (Michael Douglas) in "Basic Infor him, his buns aren't as cute. Onegetsthe feeling, however, that if Paul Verhoeven had directed "Batman Returns" the audience would at least find out what exactly Penguin's French flipper "BatmanReturns" hasreached the Perotosphere in terms ofmovie dollars. In Hollywood and elsewhere, that's the bottom line, right? A lotofthatmoney comes from the four and five year olds who dragtheirunsuspecting parents intothis adultcartoon. I know thosekids aren't watching the same movie I am. At the show I went to, alotofthe Bat-tots lost interestearly onand simplybinged onpop and jujubes. But I liked it. I liked "Basic Instinct" too. Butmyprurientinteresthaving beenaroused, I'dlike a little more bang formy buck-fifty. In "Batman III" I think director Tim Burton should look more to his basic instincts to givehis film more bite. Meow. continuity in a program whose student staff changes everyfewyears. Prof. Phillips stresses, however, thatthe program will continue to be student-run. The practicum's requirements include writinga paper onapolicy or doctrinal issue inpenology, attending all eightclasses at aprison,and teachingorco-teaching one class. Prof.Phillipswillsupervise the writingthrough the semester. Many students have expressed interest in the practicum for this Fall. Pro f. Phillips createdthis practicum because of a broad interest in penological issues andaspecific concern about the disturbing fact that the United States has the highest incarceration rate in the world, driven up in recentyearsby the WaronDrugs," a' 'misguided policy which criminalizes but does not seek to treat drugaddiction. She has also developed aseminar, offeredthis Spring, which willaddress these issues and policy implications in a more formal class setting. The Buffalo Law Review is pleased to announce its new associate members for 1992-93: ByrceM.Baird JosephBelluck JulieBraverman JohnCody Andres Colon JohnD.Craik Leshe J. Darman ArthurEdwards Jay Fleischman Kristin J. Graham Sara Hewitt Joseph E.Horey ContantineKarides EUeenP. Kennedy JoshuaKimerling DaveKoehler David RKoepsell AlexanderKorotkin James A.Lynch, Jr. Michael McLaughton LynnMontante HopeOlsson Monica Piga Helen Pundurs Paulßaimondi RobertRegan Brianßoman AlanSchaefer Julia Schlotthauer H.David Schwartz Susan Y.Soong Donna M. Suglia Sharon A. Swift Douglas J. Sylvester LyndaTarantino Joy C. Trotter John Wallace KarlaWeyand The lawyerlaughs nervously, and hands Mary the pen. Both documentssigned and safely tucked away into his shiny, brown briefcase,thelawyerasksMary ifshewantstoreturnto whereshe had beenbefore hearrived. "No," she smiles, "Here isfine." "If you need anything, call me," the lawyer says, thankfully edging towards the door. "Yes." The lawyer draws a deep breath ofthe cool springairinto his lungs as he steps outside the nursing home. He takes another and another, as if to cleanse himself of the smell whichhad enveloped him earlier. 10 The Opinion TheOpinion Recruitment Party.Sept 14th,Stay Tuned ...Sexualized Whenthelawyer returnsto his officehe tells his partner thatthey willnot receive any money from Mary's estate unless she dies withinthe next threemonths. They laugh. The lawyer steps into his office, shuts the door, glances at his watch and begins to review the messages hereceived wbilehewas gone. Addendum: Nothing, nothing,nothing. Alwaysnothing. August 31,1992 continuedfrompage 4 Theoppression ofawoman begins with the lossofcontrol overher body. Itbeginswith the person who decidesa bareankle is risque; a notion onceembracedby European society. We need to consider justwhatitis thatmakes us shyaway from theideathatawoman'schest is not meant to act as a visual aid in the production of sex. Then we can begin to browbeaten withonadady basis, theoffending appendage can be chopped offand another woman'sispasted on. Weare asked to display our wares in the two inches ofclotheallotted to the typical bikini, but withoutthat microscopic piece ofmaterial, we are considered understand themotivation ofthe women who indecent Ourbodiesare not our own; wecan go top free ahostileand intimidating setting in display our breasts only for the pleasure of in orderto make theirpoint othersandnot whenit suits us personally. �1992-93The Opinion Publication Schedule ...Clinton Vol 33,No. 1: Wednesday, August 19,1992(Orientation Issue) V0133,N0.2: Monday, August 1,1992(SBA Election Issue) V0133,N0.3: Tuesday, September 15,1992 V0133,N0.4: Wednesday,September3o,l992 (Hobday Delay) V0133,N0.5: Tuesday, October 13,1992 V0133,N0.6: Tuesday,October27,l992 V0133,N0.7: Tuesday, November 10,1992 V0133,N0.8: Tuesday,November24,l992 V0133,N0.9: Tuesday, January 12,1993 V0133,N0.10: Tuesday,January26,l993 V0133,N0.11: Tuesday,February9,l993 V0133,N0.12: Tuesday, February 23,1993 Vol 33, No. 13: Tuesday, March 9,1993 V0133,N0.14: Tuesday,March23,l993 Vol 33,N0. 15: Tuesday, April 6,1993 V0133,N0.16: Tuesday,April2o,l993 Photo: MichaelRadjavitch continuedfrompage 1 speeches,' 'WhatAbout AIDS?" Membersof theLaw StudentsForCorporateAccountabilityalso attended the rally, waving a large sign thatread' 'Hey Bill Whataboutthe Corporate Crime Wave?" CROWD CONTROL,ETC. Unfortunately,theability forvarious interest groups to express theirconcerns was stifledbyaridiculous, seemingly unconstitutional rule: no signs were allowed in; only official Clinton/Goreplacards werepermitted to be shown. One member ofClinton's staff said thatthe Secret Service imposed this rule for safety reasons, whUe anotherreplied that signs would bedisruptive.'' However, official''Clinton/Gore placards abounded, and certamliandwrittenposters(thosevery favorable to the candidates) suddenly appeared in thefront oftheaudience whenthe candidates arrived(ironically, Gore grabbed twoofthese signsfrompeople infrontofhim,reading their favorable slogans - oneread' 'Ourpocketbooks can'ttakeanotherfouryears" -andjokedthat the mediaprobably thought this wasa setup). Lucidly, afewdetermined groups wereable to sneaktheir signs throughthe gates the ACTUP group and ÜB's own Law Students For Corporate Accountability. Thistype ofopinion control seems to bean unfortunate development in American political culture. A local volunteer said that Clinton'sadvance team ofaboutabalf dozen political hacks hadbeen in town sinceMonday, andthattheyorchestrated the eventdowntothe last detad; free public expression was sacrificed toplanning. Anotherdisturbing dynamic ofsuch controlwas the dualsystem ofaccess: certain people received postcards from the local Democratic party allowing them privileged entrancetoaropedoffsection in frontof the stage. People beyond these ropes could barely see the speakers,and onewonders ifthe speakers could seethem. The speeches came through clearly over the PA system, however, and most in attendance seemed to be interested in the issues being addressed and plans being put forth, and enthused about theircandidates. - DEADLINES The deadlineforsubmissions foreachissue shallbenoon oftheFriday prior to publication. SUBMISSIONS All submission must be in computer form, i.e., written onto an IBM disk system canread (along witha printed hard-copy ofthe submission withthefilename clearly indicated at the top ofthe first page). To learn which word-processing programs the system recognizes, askany memberofTheOpinioneditorialboard orcomeup to 724 O'Brian Hall. Ifyou cannotprovideyoursubmission in computerform, please submit itat least a day earlier typed or neady written so thatit can be typed into the computer. The Docket Of Life. Law & Responsibility by W.F. Trezevant, StaffWriter Staring into the bottom of my mug, seeing my partial reflection in the trace of brown liquid which has become my constant companion, I ponder the seemingly simple word,responsibility, awordnow atthe center ofmy existence. I remember I once wrote thatin theend responsibility means we sitin judgment upon ourselves. Aftermy experience this summer working in a firmin California, I nowrealize that I did not go far enough. In addition to reflectiye consideration andjudgment, wemust take the additional step ofadjustment and change to ensure improvement. Foryearsourprofessionhas weighed the issue ofmandatory pro bono not onlyfor lawyers, but also for law students as a way of addressing ourconceptofprofessional responsibility. The often times heated discussions underscores the uniquenessand importanceof thelegal profession inour society. Weare the onlyprofessionchargedwith protecting and defending the rights andmore fundamentally thefives ofour neighbors in a variety oflimidess ways. DeanBoyertouched upon this subject at general orientation for first-years when he cited the poster I placed in the S.B.A.bulletin board which read "No Justice No Peace" in response to the Rodney King verdict. Dean Boyercited the poster in thelarger context of justicewithinourlegal system and thenhigh- lighted ourcollective ability to make a difference. WhenRalph Nader spokelast week, he tooraised this ideaofourprofessional responsibility to society. He spokeofseeking something morethan financialsatisfaction in andof itself. And he is right. Whether or not we choose to acknowledge it,weas membersofthelegal profession beara distinctresponsibility to cause justice to prevad in the land in orderthat the strong may not oppress the weak. This professional responsibility is notalways objective and definable, but rather subjective, relative, and relational. It likewise is not oppressive or exclusiveofother goals. It is simplya duty to consider, judge, and then act in a way which creates alattice ofconnections between each ofus which doesnot constrain. Ourefforts to fulfill ourcollective obligation does not begin after school is done, it begins nowwithin thefourcornersof O'Brian Hall. All around usthereis an opportunity to getinvolved to whatever degreeand in avariety ofways sothat we leavethis community in better shape thanwhen we arrived. So as we moyethrough thisyear offocused attention on our school, weare charged with theresponsibility ofreflective consideration, judgment, and then taking the additional step ofadjustmentandchangetoensurethat bridges arebuilt amongst us all. Bridget's Blotter Monday, Tuesday, Wednesday of this week (the 31st Ist and Dosomething Besides, I don'twant to sit at the votingtable all day with no one to talk to. This part Thursday, New YorkSenate primary candidates Holtzman and Abrams addressed the concerns oftheuniversity communityatadebatesponsoredbytheSßA. The event was a success, and representatives of Channel 7,Channel 2,and theillustrious Opinionwereonhand to report Forthoseofyouwho were unable to attend, a video is available in theKorean Center. We hope thatthe SBA wdl beable to sponsor more events like this in the future- ifyouhaveany ideas stop by the office. Additionally, thanks to' 'TrezforPrez'' forall the hard workand planning that went into the debate! The SBA is now the proud owner o fan impressive Xerox machine. A memo will soon be circulated to allthe student groups detailing Jessup Moot Court Intramural Competition Informational Meeting will be held onTuesday, September 1,1992, at 2:3opm, Room 108. The competition is opento 2ndand 3rd yearstudents. * Asia-American Law StudentAssociation General meeting Wednesday, September2,s pm,Room 406. Freefoodandbeer! Anyone concerned with Asian-American issues are welcom. Help plan AALSA events for the year. All welcome. BPILP-1 st Organizational Meeting The first organizational meeting ofBPILP willbe Tuesday, September 1 in Room 109 at spm. Everyone is encouraged to attend. Participate in UB Law's Greatest Resource The Phi Alpha Delta Student Directory Please complete the information onthe forms in your mailbox and return itto the BIG BLUE SBABOX near the madroom. Let's Make it Better Than Ever. 6thAnnual Desmond Moot Court Competition Orientation Meeting —Please note that there wdl be an Orientation Meeting held on Wednesday, September 9, 1992 in Room # 106 at 5:30 p.m. for all those who are interested in participating in thisyear's Desmond Competition. -Ifyou are unable to attend, please leave a note in Box #128 ASAP new xeroxing policies. All student group The last bit of official SBA business xeroxing will be taking p[lace in the SBA concerns the VicePresidentposition- soon to office at amuch cheaper rate than wepay for be vacant. Hank Nowak will beretiring from xeroxing on floorfive. the SBA due to unforeseen workoverload,and Next, a little bit of gossip. Over the we will be holding an election to fill his very summer, afew ofourfellow law students have large shoes. Theelection policyis as followstakentheplungeintomatrimonialbliss. ConAN YONEmay run, butwill have toresign any gratulations toKevin Ross andDan Rubin- both office thatthey maycurrently hold withinthe nowofficially offthe market. Becky Powell is SBA in order to run. Otherwise, wecould be the proud wearer ofa very pretty and large having elections all year. The Board would diamondand goldensapphire engagementring. like to wich Hank all the best in his MANY Sheand herbeau, alocal Buffalo mannamed endeavors. Scott will wed next year. Lastly, Julia Finally, a bit ofhard learned advice to Schlotthauer has amale kitten that is looking the first year students. Do not fall asleep in for a good home, and has already hadits first ProfessorEwing'scriminal law class. Hewdl shots. I'm sure I've missed some important notice. happenings, so please drop anote in Box 639, and we'll include your news in next week's By BridetCullen, SBA Secretary column. August 31,1992 The Opinion 11 �I WERE NOT THE BEST I BECAUSE WE'RE THE :'jH HUH i^k WE'RE THE BIGGEST BECAUSE WERE THE BAR REVIEW I © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-08-31 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/31/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 33 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2f6f3452b93b77ef002bce1cea1adecf.pdf 055f82df7fe58a74bc4ba7997cb4ec84 PDF Text Text THE OPINION Volume 33, No. 1 August 19,1992 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Orientation Welcomes New Students & New Dean Waltz is the person to see when you have a problemand willhelp youget through thethree By Kevin P. Collins, News Editor The incoming class of 1992 had the honor ofbeing the first to hear o ftheannouncement that Dean Boy er is the new boss around years here. Audrey Koscielniak, theDirectorofthe Career Development Office, then spoke to the first years. She stated that the CDO helps students discover what law practice is all about and that there are many programs to be taken advantage of. The CDO needs the help of work-study students to serve as office assis- here. The Fall 1992 semester oflaw school officially gotunder way Monday, August 17th, at the General Orienation held at the Moot Court Room in O'Brian Hall. Incoming first year law students received their first taste of law schoo 1 during the day inan orientation that started at 9:00 a.m. in the morning and ended at 7:00 p.m. aftera cocktail party. The orientation opened with S.B.A. President William F. Trezevant welcoming in the first years. President Trezevant then had the distinction ofannouncing officiallyforthe firsttime to thelaw school thatProfessorBarry B. Boyer had beenappointedby ProvostAaron N. Bloch, with the enthusiastic approval of President Greiner, to become the new Dean of the School ofLaw. Dean Boyer then addressed the class, giving thanks to the outgoing Dean, David Filvaroff, for the good jobandservice that he did for thelaw school. Dean Boyer statedthat he has a two year period to serve as Dean, when he will then be reviewed by a review board which canrenew his services foranother two yearperiod. HespokeofanewtimeatUß. He discussed suchtopics as the grading system, which has been subjected to some criticism and a call for change in recent times. Dean Boyerstatedthat upwardsof9o%ofgraduating UB law students are getting jobs within one year oftheir graduation. Dean Boyer then went on to address the budget problems facing UB and the SUNY Dean Boyer's Message to I L's It is a great pleasure to welcomeyou to the Buffalo School ofLaw. All ofus on the faculty vividly remember ourown first days in law study, and the hopes and fears that we broughtwithustolawschool. While the reality was very differentfrom what wehad expected on our first day, law school was a powerful experience for us exciting, frustrating at times, and always demanding. It opened our minds tonew waysof understanding our society, and it defined new roles for us toplay inthe world. We hope that each ofyou will find comparablechallengeandreward inyourlegal By, WilliamF. Trezavant, SBA President Welcome! We have one exciting and dynamicyearaheadofus. Perhapsunlikemany othertimesin ourlaw school's history, wehave before us a unique window ofopportunity to participate in and implementchanges affecting ourlaw school. The key is involvement by as many people as possible. As a preliminary education at Buffalo. Theprofessionyouare enteringtoday is rapidly changing. Some ofthe primaryfields of legal practice today, such as employee benefits or environmental law, scarcely ex- word on theissue ofinvolvement, I wouldlike exclusive commitment. Rather, we seek whatever participation thatyou feel you cancontribute. to point out thatthis doesnot requirean isted twenty oreven ten years ago. Emerging thatwouldhavebeenconsidered very large in the 1970s would be medium-sized in many cities today, and the paths to promotion and tenure within some law firms have beengreatly altered. . The Buffalo School ofLaw is changing also, to prepare its students to excel in this emerginglegalenvironment. One visible sign of that change will be the new computer classroom s .eduled to open inO'Brian Hall during the second semester. Another, more fundamental sign ofchange will be the longrange academic plan that will be prepared during the coming year. As members ofthe Law School community, you are invited to participate inthe preparation ofthatplan,and to setthecourse for generations oflawstudents that will follow you. One thing that should not change ion the future, however, is yourlaw school's commitment. Both physically and intellectually, this system. He stated thatthekey to gettingthrough these fiscally tough times was to have key quality programs, and he cited the Research and Writing program which utilizes small groups of students with senior faculty doing actual law related work in contrastto the old program whichjust used teaching assistants. He also proudly spoke ofthe strong public interest program at ÜB. Karen Waltz, the Registrar, then followed giving various pieces ofadvice to the 1Ls suchas never, everparking in Jacobs A She also told the students to place their name on page # 100 in alltheirtext books. This is an idea andprogram institutedbuPublic Safety to help combat the theft ofbooks. The Bookstore is awareofthispolicy. She furtherwarned the 1 Ls to avoid incompletes and extensions. Karen OUves,alsoaGAfortheCDO,toldthelLsthat when they settledown,that they should go to the CDO orientation meetings and read the handbook, which willhelp them in starting to think about summerjobs. This was followed by each ofthe three sectionsof 1Lshearing fromoneprofessorfrom their section. Professor Olsen spoke for Section 1, Professors Mensch and Freeman for Section 2 (who told the 1Ls to start planning costumes for their annual Halloweenparty), and the former Dean, ProfessorFilvaroff, for Section 3. Professor Lindgren spokeabout the Research and Writing Program, and introduced Orientation, continued onpage 3 SBA President's Message — technologies suchas computerized databases and instant global communication will become standardand thenoutmoded during your professional careers, and new technologies will be developed toreplace them. Even the structure of law practice is changing: a firm enable CDO to be as effective as possible. Jill Barr, aGraduate Assistantofthe CDO, spokeofhow thelaw helpsbring justice to as many people as possible. She stated that the CDO helps students find out what itis you want to do. She further mentioned that the Buffalo Public InterestLaw Program (BPILP) offers greatassistance to those students with an interest in public interest law. Maureen tants to I sucessfully campaigned last year on the issues, and I now have the honorofservingyou law school is an integral part oftheUniversity. During youryearshere, yov willlearnabout and perhaps join interdisciplinary programs and projects in fields such as Health Policy, Housing and Community Development, Gender and Social Policy, Disabilities and theLaw, International Trade, and Environment. You will meet faculty whohave the Ph.D. as wellas the J.D., and whorepresent some ofthe principle contemporary schools oflegal scholarship such asLaw and Society and CriticalLegal Studies. In short, theBuffalo Law Schoo 1,like the legal profession itself, encompasses a great variety ofintellectualfields ofinquiry, career paths, and opportunities. We inviteyou to take advantage ofthem whileyouare here, both in the curriculum and through the many extracurricular and community service activities available at the law school. I look forward to meeting you individually, and to watching your growthand progress as membersofthe legal profession. Barry B. Boyer Deanand ProfessorofLaw by facilitating an inclusive discussion and subsequent decision. I seek your help, comments, guidance and participation. Together we can accomplish a great deal. First, Iwould liketo cover some changes that have occurred withinO'Brian hall. Most importantly, we nowhave anew Dean. I'msure I speak forallofus in wishing Dean Boyer our best intentions, and full cooperationduring this time ofchange. I likewisewould like to again express our appreciation and thanks to former Dean Filvaroff for his years of leadership. I understand he is now located on thefourth floor, so be sure to stop in and say hello. As we can all see the mailroom has moved. The new location hasalready begun to create improved contact between theadminis- tration and the students. The move wasmade in order to create a new classroom for the exclusive use of the law school to assist in providing additional classes at the same time. I understand thatthe process to complete the transformationofouroldmailroomisnearing Message, continued on page 2 DomesticTask Force Wins Bar AssociationAward Wewish to congratulate theDomestic Violence TaskForce! On May 14th,they were selected as the recipient ofthe New YorkStateBar Association's 1992Law Student Legal Ethics Award. The award, in the form ofa check and an award certificate, was forwarded to the Task Force from the State Bar Association's Committee on Legal Education & Admission to the Bar. TheNYSBA's Committee on Legal Education & Admission to theBar has also issued a report, recently endorsed by the NYSBA, calling forlessrestrictions tobe placed before thosewho wish to appealtheirNew YorkState bar exam scores.The committee's report calls for, among other things, full disclosure of essay questions to appeals applicants, as well as the right ofan appeals applicant to provide a brief substantive argument in its support.For copies ofthe "Report and Recommendations ofthe Bar Examination AppealsProcess and Disclosure ofBar Examination Essay Questions and ModelAnswers'',calltheNYSßA'sOfficeofAdministrativel.iasonat(slB)463-3200. �Ibbbbbbbbbbbbbbbbl opinion mm Volume 33 No. 1 M\ August 19, 1992 Editor-in-Chief: Vito A.Roman Managing Editor: Saultan H. Baptiste Business Manager: Michael Radjavitch News Editor: Kevin P. Collins Features Editor: Natalie A. Lesh Layout Editor: Gary Simpson Photography Editor: Paulßoalsvig ArtDirector: Bill Kennedy StaffWriters: W.F. Trezevant, Joseph Antonecchia EDITORIALS WelcomeFirstYears Having heard wonderful things about the mission you are about to embark upon in law school, let me add some sobering words. As law students in a public institution, you enjoy the benefits of an incredibly low tuition, but also suffer from incredibly limitedresources. The state budget problems of the past few years, as well as other unexpected losses, have exacted a heavy toll upon thelaw school. Each year the law school has to make do withlessand less. Things,regrettable, are not going to get better soon. As such, each of you is ultimately responsible for determining where the limitedresources of the school are spent. Even as first years, you can put pressure on the administration in a variety ofways. By taking an active part in your education, you alert the faculty and staff of your expectations. However you choose to become involved, either through the Student Bar Association as a Class Director, a member of one of its several committess, or any otherlawrelated extracurricular activity, you demonstrate that you are taking your education seriously, and that you, in turn, should be taken seriously. Do not let the oppressive weight of the state bureaucracy filter down through to the law school and crush your desire to become the best lawyer possible. Fight for the best education by making yourself heard any way you can. By now you've had your first classes and briefed your first cases, and, in the process, some of your apprehensions about the study of law may have begun to fade (for some ofyou at least, others amongyou will be needlessly jittery right on through to exams). Learning the law requires more than justbooks itrequires participation. By the way, welcome to Buffalo Law School - Change the Grading System Year after year, a new class oflaw students has to contend with UB Law's so-called noncompetitivegrading system. The grading system, which makes little sense even to those already here, makes UB Law students waste valuable time explaining to prospectiv&employers the difference between a" Q " and a " Q*." Worse, once a studenthas even one seme ;ter worth of H-Q grades in his record, there islittle incentive left not to get on the proverbial' 'Q-train.'' Students quicklyrealize that with this system, the hard-working, yet non-exceptional, student who receivesa' 'Q'' willalways remain indistinguishablefromthe' 'laidback'' or''just get by withthe minimum studentwho alsoreceives a " Q." For many, the "Q" grade becomes a safety net which only encourages mediocrity. Theprofessors, too, are abdicating their responsibility of providing students with accurate feed-back on their performance. Get rid of the H-Q system and go back to the traditional A-B-CD-F system everyone readily understands. In fact, not only are the grades inaccurate, they're usually late! Copyright 1992. The Opinion.SBA. Any reproduction of materialshereinis strictly prohibitedwithouttheexpressconsentofthe Editors. The Opinion ispubhshed everytwo weeks during theFal 1andSpring semesters. It isthe studentnewspaperof theStateUniversity ofNew York at BuffaloSchool ofLaw. The views expressed inthispaper are not necessarily those of theEditors or StaffofTheOpinion. TheOpinionisa non-profit organization,thirdclass postage enteredatßuffalo.NY. Editorialpolicy ofTheOpinion isdeterminedby theEditors. The Opinion isfunded by the SBA fromStudentLaw Fees. The Opinion welcomesletters to theeditorbut reserves theright to editfor length and libelous content. Letters longer thanthree typed double spaced pages will be editedfor length. Please do not put anything you wish printed under our office door. Submissions can be sent viaCampus or United States Mail to The Opinion. SUNY ABAmherst Campus, 724 JohnLord O'Brian Hall,Buffalo, NewYork 14260 (716) 636-2147 orplaced in law school mailboxes 223 or 611. Deadlines for the semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsedby the EditorialBoard ofThe Opinion. 2 The Opinion August 19,1992 SBA Message, continued frontpage 1 completion In addition, we will soon have a new computer room next to the existing computer centeronthe fourth floor. The new computers will have the advantage tapping into all typesoflegal databases. Assistant Dean Cook with theassistance ofAnna have been working extremely hard to make all oftheadjustments a reality so we thank them. Next,afteradiscussion with Dean Boyer and JoeBelluck I understand that wehave an addition to our spring course schedule entitled "WhiteCoUar Crime. It is my understanding that thisaddition is the first ofothers to follow if all goes well. For our smoking population, as I promised last year, there is now furniture in the smokinglounge, so sitback, relax andenjoy. Hey, forallyou studentgroup leaders, the discussion that went on last year about studentgrouproom adjustments led to adecision last year. Unfortunately, the memo delineatingthose adjustments never made it to all ofthe student groups,and forthat I apologize. However, itis extremely important that all ofyou come to the SBA office and see me to organize a smooth transition,as well as to pick up your keys. I'd like to see this move completed inthe next week or two so you,our students groups, can get started on another successful year. And, in case you were wondering, I believe thatPhi Alpha Delta, ourprofessional fraternity, will once again be publishing a student directory. So I ask all ofus to fill out the studentinformation forms as soon as you receive them to help this process along. Ifyou wantmore info, see Marty Danks, athirdyear student, or leave a note in his box. In a similar vein,as I promised lastyear, wewill be putting together a yearbook forthe firsttimeinanumberofyears. Thepersonto get into contact with is Roy Hopkins, a third yearstudent, Box number 133. Anyone interested should contact himas soonas possible. The nextitembefore usis child-care for our fellow law students. All those interested in thisissue shouldcontact me either through b0x262 orat the SBA office on thefirst floor. Mythinking is that we shouldbeable to getthis programtogether bythebeginning ofthespring semester, but I need your help, so come on down. Weare looking foranumberofpeopleto serveon committees: (See SBABoard in front ofRmlOl) There will be other committees established,so comeon downwith yourwillingness to serveand ideas in hand. The committees' responsibilities will be focused and are not expected to require long hours. The process is simple. Pick up a committeeapplication from the SBA which will be availableonFriday 21 ofAugust Fillitoutand retumttby Thursday August27. TheExecutive Board will meet and scheduleinterviews shortly thereafter. But mostimportantly, I need future Supreme Court Justices to serve on our SBA CONSTITUTION and BY-LAW committee. Thiswill concentrate on some extensiverevisions and additions to ourpresent Constitution. Thebest part ofthis though is there wil! be no televised hearings, and no litmus test. And on the same subject, The ELECTION S are here. The ones wehave been waiting for so long. The electionofour legislative body known as the Board ofClass Directors. Just for informations sake, remember there are sixclass directorpositions available for each classyear. Thedeadlinedatesareontheposter on the first floor. Yes, that means we will be electing eighteen(18) people to debateand discussfor the rest of theyear. Two notes on this. First, thinkabout your concerns or ideas about our school, ask the candidates some questions, investigate their temperament, and put the bestpeople whoyou feel canwork withothers ontheBoard. We havetoo muchto dothis year to berequired to baby sit law students at the SBAmeetings. And I do not intend tobaby sit. Second, afterthe volatileand hotly contested Executive Board elections last year, I expectmanyofyoutorun. Sostartbeingnice to your colleagues if you have not been so already. And to facilitatethis process, the SBA willbeholding two functionsbetween nowand election week. First, we have planned the official WELCOMEBACKparty this Thursday at 337 Lisbon street near the main street campus. Listen, itsa 15KEGGER!!!!!!! No he, andifyour skeptical, cometo theparty and find out!!!! The second event is the traditional picnicmis year to beheld on Saturday August 29, 1992 at Baird point. You will see more informationas this date approaches. Unlike in past years, this isa full fledged school widepicnic soeveryone is invited. And what betterway to meet the candidates/ orcampaign than under the sunny skies ofßuffalo. By the same token, thosewho couldcare lessaboutthe campaign, you can still come and check out you colleagues, and you know discuss the issues or classes. In order tohelp, the SBA willprovide food, soda,and amodest 12Keg^s. Wdent questioners to ask candidates Holtzman and Abrams questions at next week's candidate forum. Interested students should put their question in writing along with their name, phone numberandclassyearinmailbox262.l alsoneed volunteers to serveas ushers forthis event. Those interested should likewise place aletterindicatingtheirinterestinbox262. The deadline is Monday August24. SPEAKING OFDEADLINES: CERTAINMEMBERS OFTHE FACULTY ARE ATITAGAIN. THEY ARE SPEAKINGOUT OFBOTHSIDESOFTHEIRMOUTH. TELLING USONTHEONEHANDTHATCLASS AND THEIR ASSIGNMENTS ARE THE ONLY TO TURN AROUND AND APPARENTLY INTENTIONALLY NOT TURNIN THEGRADESFORTHEIRCOURSES. NOW COME ON PROFESSORS, HOW LONG WXLTHISCONTTNUETHISTIME. SINCE IHAPPENTOSPEAKONBEHALFOFTHE STUDENT BODY, LETTHEREBENOMISTAKE ABOUT OUR POSITION. THIS IS THE LAST TIME. FOR INFORMATION THE "LET THEM EAT CAKE GROUP" INCLUDES ...EWING...JOYCE...FINLEY...MARCUS AND SWARTZ. PLEASE CLEAR THIS MATTERUP ASYOUR ARE FRUSTRATING THE STUDENTS ATTEMPTS TO GET JOBS, INTERNSHIPS, AND CLERKSHIPS. QUIT BEING SO INSENSITIVEAND IRRESPONSIBLE!!!!!!!!!!!!!!! In conclusion, I want toremind allofus, wecontrolourownfuture. We can,regardless ofideologicalpositions, changethisschool for the better. And with a proactive Trezevant Administration, we will take chances, raise the issues, present ideas, remain open to criticism and dialogue and get more than a few things done. I want us tocreate and with your help duringthe course ofthisyear, I am confidentall ofus together can create an exciting tradition which is inclusive, dynamic and proud. Thanks for your time, your Prez, Trez. �DIS Orientation PARTY! August2o,l992: 337 Lisbon! 6pm-??? 15-keggerparty!?! Orientation PARTY! (Sponsored by the SBA) Sat.,Aug 29,1992: Baird Point (North Campus). Noon 111 Beer, Picnic,Volleyball, Beer, etc... Mix, Mingle, and Drink... - Fiction Teal-green Suit By Natalie Lesh, Features Editor Anne gentlypulled the curtain away from the window in order to inspect the approaching day. Like the previous morning.shewasgreetedbyanorninousgreysky. A large massofthick clouds clung together as if for protection, forming an ocean of darkness. Alightrainhadalreadybegunto fallas Anne letthe thin, yellow curtain slip away from herfingers. Right foot onthe floor, leftfootonthe floor. She was up. Her feet tingled as the bloodrushedto feed the muscleswhichhad contracted in response to meeting the cokL hardfloor. Yes,she was up. Thelast time she was onan airplane Annefeltvery ill. Her head throbbed from thedrinksshehad sharedwithher friends the nightbefore, andherstomachchurnedwith each turbulence-induced lurch ofthe aircraft. Darkness enveloped the plane as it continued on its course, slicing its way through the dense,black, soupy sky. The captain ofthe planeannounced thathehadreceived authorization to flyover the storm. Anne and the otherpassengers exhaled theirapprehension as they satback into their seats, pushing themselves firmly against the tan velveteen cushions. Anne tightened her seatbelt and closed her eyes. She could feel the airplane slowly tiltupward. Anne shivered as the warm water trickledthroughher hairandrushed overher body. Thesplashesofwaterinthebasinof the tub replaced the sound from outside of , raindropsexploding as theycrashed into the ground. Anne always feltaparticularsense ofpeacefulness while standing alone inthe shower: the gentle strokes and soothing rhythm ofthe cascading water, the clean, fresh smell ofnewly washed skin,and the absolute solitude imposed by the flimsy sheetofplastic whichhung like animpenetrablebarrier, separating herfrom therest oftheworld. A brilliant flash of light burned through Anne's eyelids, forcing them to open. Her eyes squinted, unable to withstand the white-hot reflection of the sun against the clouds. The fightwas trapped, and theblinding rays bouncedbetween the wallofstormctoudsanduiesuninadesperate andfutile effortto escape. Theairplane continued itsascension. Annefinally decided upon thetealgreen suit. Itwashardlythenewestedirion to her wardrobe,but in itshe feltconfident, secure. Itwouldnot distractherconcentration from the new surroundings, the new facesandthenewresponsibilitiesshe would eneountertoday. Everyunngwouldbedifferentfromwhatshehadknown. Theday she haddreamedaboutand fought for had finally arrived. Anxiouslytakingonelastlookinthe mirror,Annecaughtherowngazeand held itforjustamoment. Yes,this is what she wanted. She wasready. Anne stepped out into the driving downpour and smiled as she slipped her sunglasses into place. Drop/Add Ends September 4 call now for free catalog 1800 253-1594 mention this ~ r $2.00 off every casebook hornbook or study aid "HHuptTn PHONE ORDERS ONLY . \7 S jt $2 lerner law book *(I °*l?/P ''/s}-? •( 57 V*r U '^So "' y >0\ J^/ S- co., inc. t/a tIFKXK LAWBOOKS 1800 253-1594 in D.C. 842-4334 free delivery Why wait in lon 9 ,ines? NEW & USED BOOKS — DISCOVER AMEX VISA MC THE VERDICT IS IN! Free enterprise competition lowers prices and guarantees better service. Support the bookstore with the lowest prices in the country... and tell your friends about us! COUPON GOOD FOR PHONE ORDERS ONLY, SCHOOL YEAR 1992-93 HELP US MAKE IT $3.00 NEXT YEAR! GET INVOLVED ON THE OPINION Round out your legal education by becoming an active participant on this award winningpublication. Postions are available for journalists,photographers, and salespersons. If interested, place a note of interest in Box 223 or 611. Deadline for next issue: Friday,August2B,l992 Place submissions in Box 223 or 611 SBA Elections Petitions for Class Director are due 8/27. Please provide photo. The elections will be held Aug. 31 thru Sept. 2 HOW WAS YOUR SUMMER? 1 V ATTENTION CLUBS Having a special event? Have it covered in The Opinion. Let us know of in advance and we will (try to) cover it. You can also advertise you club's activities on The OpinionDocket. Submit notices ofyour activities to Box 223 or 611 by the publishing deadline. Orientation continuedfrontpage 1 the students to her teaching assistants, 2Ls Cathy Lo vejoy and John Cody. When the orientation had finally finished, the students were then broken up into smallgroupsand given tours ofthelaw school and the campus by second and thirdyears. The day was capped off by a cocktail party sponsored bythe 118Law Alumni Association, which was held at the Center for Tomorrow. There, thestudentshad an opportunity to mix and mingle with each other and with their professors. The President of the Alumni Association warmly greeted Dean Boyer and congratulated him, wishing him well inhis new position and in the task which he now faces. The success ofthe day was due to the hardworkand planning doneby DeanNewell, Charmagne Alabi, and the OrientationCommittee. August 19,1992 The Opinion 3 �1 I WE'RE NOT IKE BEST I BECAUSE WE'RE THE Bl I I «■■■ WE'RE THE BIGGEST BECAUSE WE'RE THE LaaaaH v LaW. \(WWrt!Wtl BAR REVIEW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-08-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 33 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/19/1992 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5369b6846a540e9f2fd76ea9460d4a0b.pdf 9b257742874aa97ea151cc3bb6dd361e PDF Text Text Volume 32, No. 15 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 7,1992 First Year Jessup Moot Court Team Dominates For the second consecutive year, the first-year JessupInternational MootCourt team from UBdominated theannual Fasken CampbellGodfrey Competition. This year's team, whichconsistsofDrewPinkney, Simon Conte, JohnCraik, James Lynch, Kedra Burgos, Kristin Graham, Jackie Jones, and Doug Sylvester, successfully defended ÜB'stitle, thereby insuring that the' 'Best Team plaque wouldremain in Buffalo for yet another year. TheFaskenCampbellGodrrey(FCG)Competition is an annual event for first-year law students, sponsored by Toronto'stop litigation firmofthesame name. The focus is on international law, and the competitors appropriately hailfrom both sides ofthe border. For the past four years, FCG has invited two American teams (Buffalo and Syracuse) and two Canadianteams (Toronto and Queens) to compete. FCG is currently consideringCanadian Osgoode Law School's The 1992 Jessup International Moot Court Team. Standing: left to right. Jay request to join the Competition, as well as the entrance Fleischmann, Marc Remling, Jaqueline Jones, James Lynch. Doug ofanother team from the U.S. in order to maintain Sylvester, Drew Pinkney, Lisa Dalfonso, John Craik; Kneeling: Simon Conte, Kristin Graham: Missing: Kedra Burgos, Josh Kimerling. Canada-US. equilibrium. petition by the members ofthe Regional Teamwhichadvanced to the World This year'sproblem wasaportion ofthe Jessup in Washington, D.C. It involved asituation similar to that presented by Cup Moot Courtproblemdesigned especially forthis ComtheGulfWar. In violationofU.N. Security Council Resolutions, thehypothetical state ofAtlantis invaded the hypothetical stateofßergenia, inorder to protect and defendtheEthlantians, aminority groupofthesame ethnicity as the people ofAtlantis whoresided in a province of Bergenia. The Pro-Choice Forces Prepare to Meet Enemy As the winter snowsrecede, Buffalo will soon be a hotbed ofactivityrevolving around theabortion issue. Randall Terry and his minions have targeted the Queen City and have vowed to shutdown selected clinicsinaWichita-likeassault. Hislegions ofdoomare scheduled to begin their siege onAprill6th. In response, severallocal pro-choice organizationshave been working diligently to frustrate Terry's tactics and defend a woman's right to choose. A "National March and Rally for Choice" has been planned for Saturday, April 11 at 11 am. in Prospect Park(PorterandNiagaraStreets). There isalso a Rally for Choice scheduledat Niagara Square on Sunday, April 26 at 2 p.m. Inaddition, Buffalo UnitedforChoice has been holding clinic defense training workshops, and the Pro-choice Network (PCN) has been training volunteers to work as escortsat clinicareas. PCN hasalso gone back before Judge Arcara in an attempt to expandthe zoneofprotectionat the targeted clinics. UB Jessup Team by Frank Housh in DC emotional third-round match, giving Costa Last week, UB Law School was repre- Rica their onlyloss and preventing them from sented for the first time in its history at the advancing into the finalround. The Jessup competition, as a matter of Phillip C. JessupInternationalLaw MootCourt Competitionat theMayflower Hotel inWashpolicy, allowsonly twooutoftwentyUSteams ington, DC. The team ofThomas Cannavo, intothe quarterfinalround ofeightteams, and Henry Nowak, PeterGrubea, Daniel Deßosso, the US was represented by the 1 Iniversity of and Frank Housh as of-counsel was among Washington and the University o fPennsy lvaforty-two teams from all over the world that nia. The University ofWashingtonadvanced to thefinal four, but was beaten by Singapore. competed in the nine-day event. The teams prepared briefsand oral argu- Singapore met France in the finaj round and ments regarding a hypothetical fact pattern France won the JessupWorld Cup forthe first thatwasbased upon thewar in thePersian Gulf, time in its history. Although the team from as well as ona separate set ofissues involving Buffalo didnot make thefinal eight,they made treaty interpretationand the international trade an impressive showing and gained valuable ofoil. The fact pattern contained issues such experience at thelargest moot court competias the use of force under the UN Charter, tion in the world. humanitarian intervention, laws of warfare, The Jessup competition was held in internationalenvironmental law, and the self- conjunction withthe 86th annual meeting of determinationofpeoples. The teamofNowak the American Society of International Law and Cannavo, representing the hypothetical that held a series of seminars on the theme nation of Bergenia, argued strongly against ' 'The Convergence ofInternational and Nateams from Wake Forest and CostaRica. The tional Law: Rethinking the Legal System." team ofGrubea and deßosso alsomade a fine Professor Virginia Leary as departing viceshowing against theUniversity ofChicago and president oftheASIL was designated chair of Malaysia. It is most noteworthy thatthe Reaseminar entitled"National Sovereignty RespondentTeam ofNowakandCannavo soundly visited: Perspectiveson theEmerging Norm of defeated the Costa Rica Team in a highly DCJessup continued on page 3 . Ethlantians, Bergenian nationals, were tortured and discriminated against by their own government. In the resulting Media Gulf War, both sides, particularly Bergenia, used advanced weaponry and questionable attacks to endanger civilians as well as prisoners ofwar. The issues discussed included humanitarian intervention, genocide, self-defense, theauthority ofthe United Nations, and variouswar crimes. Eachcompetitoraeted as an' 'agent ofone ofthe countries, and together with a partner defended thatcountry'sactions in front ofthe International Court ofJustice. Each year a different participating law school hosts the Competition. This was ÜB' sfirsropport unity to doso. Organizers Dave Geursten, Doug Secular, and Kirn Danzi were determined to so an impressive job, similartolast year's events. OrganizerKirn Danzi, 3L, admitted, "We knew we couldn't achieve our goal alone. We needed the help ofa top Buffalo law firm interested in encouraging this type of studentactivity. In addition, we looked fora firm withposh conference rooms to serve as the perfect setting for the actual 'Moots,' as the Canadians call them. We decided Hodgson, Russwas idealnot onlyforthesereasons, but also becausethe firmnow boastsa new Toronto office. Danzi added, "so we popped the big question" they accepted. Hodgson, Russ graciously provided theiroffice space, eightconferencerooms for the Moots,assistance throughoutthe day,help in arrangingall the catering,and ...Ist Year Jessup continued on page 9 Trezevant and Lee Win SBA Elections by SaultanH. Baptiste, iNewsEditor With a 59 vote lead, William F. Trezevant defeated Michael Radjavitch for Student Bar Association President forthel992-93 academic year. Approximately halfofthe law school student body voted in the SBA Executive OfficerElection whichmarks one ofthe largestturnoutofvoters inrecent years. Trezevant stated thathis campaign wasabout issuesand that his win' 'underscores theworkthathasyettobedone." Hesaid "the results reflected student concerns about the seriousness ofthe issues the school has to face during the coming school year." Trezevant vowed that "[m]y commitment, obligation and responsibility will match the trust students have placed in all ofmy Executive Board members." Radjavitch's only comment ofthe election results was that' 'the students have spoken.'' However, VicePresidential candidate,Hank Nowak, commendedTrezevant on his win. He saidthat Trezevant' 'put in a lot ofwork.. and it shows that he went out and shook that many hands." Nowak,whoranuncontestedfbrSßA Vice President; had an unexpectedly "close" race againsta large numberofwrite-in candi- dates and non votes. In total, 35 write-in candidates were submitted withBarbara I lurley getting 50 votes. Nowak felt his election results was a result ofan anti-candidate campaign lead by Marc HirshfieM, Jim Masiano and the Students for Constitutional Concerns (SCC) against Radjavitch, Kevin Collins and himself. The SCC published a Letter to the Editor in the March 24, 1992 issue of The Opinion and placed a flyer in student mail boxes stating thatthe three candidates ofthe Rainbow Party voted against including areferendum for student review during SBA elections. Theproposed referendum would determinewhetherSßAshould continue funding the Student Association of State Universities (SASU), a student lobbying organization in Albany, NY. The SCC is against paying the $3,000.00 ayear fee for SASUrepresentation however, according toNowak, Hirshfieldand Masiano made the original motion to bring SASU to UB Law School two years ago. Nowak defended his vote against the referendum by statingthat SBA was in contract with SASII andsuch areferendum may result in abreach ofcontract lawsuit. He also stated Elections continued on page 3 Highlights Senate CandidateVisits UB Budget Hearing Story Pro-Choice Rally Presidential Candidates 3 6 & 7 -10 10 �PIEPER PEOPLE PASS THE NY BAR EXAM The Bar Course That Cares. •• • • • For information see your Pieper Reps or contact: PIPER NEWYORK-MULTISTATEBAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 Telephone: (516)747-4311 PIEPER REPS.: Trini Ross. Sabbv Charles Santarpia & Kirn Smith �Democratic Candidate for US Senate Visits UB law by VitoA. Roman, Layout Editor Liz Holtzman's U.S. Senate campaign is already focused on attacking the sleazy politics and questionableethicsoftheman she wants to replace. New York Senator, Alfonse D' Amato, even though shehas yet to winthe Democratic Partyprimaries. In the primaries, she faces challenges for the coveted seat from New York State Attorney General Robert Abramsandfrom formerCongresswoman and Vice-presidential candidateGeraldineFerraro. Holtzman, whose visit to UB Law this Wednesday, past April 1 st, was sponsored by the Lesbian and Gay Law Student Organization, characterizes herselfas the antithesis of SenatorD'Amato. According toher,D'Amato has consistently supported the Reagan/Bush economic policies whichhave cost New York state $ 13 billion in federal aid since 1980. He hasalsoopposed civil rights, women'srightto choose, and any form ofhand-gun control. Incontrast, Holtzman supportseconomic policies which will strengthen the infrastructureofthenation, and believesthat the tax code should become more progressiverather than regressive. She hasalsobeen involved withthe civil rights movements sincethe early sixties, when as a Harvard law student she spent a summer working as an organizer in therural South. Later, as a Congresswoman from a primarily moderate, blue-collar district in Brooklyn,she signed on to legislation banning discriminationagainst lesbians and gays. As Brooklyn DA, she fully supported measures to decreasetheavailability ofhand-guns. Throughout her speech, Holtzman pointed to herlong record ofpublic serviceto show how she stands on the issues. In her currentposition as New YorkCity Comptroller, she has seen first hand thenegative effects thecurrent federaleconomic policy hashad on ... Elections continued frompage 1 that he wanted "to uphold clear student support forSASU viatwo priorreferenda and to preserve the SASU decision for the scheduled dateofNovember, 1992. Nowak implied thathad thereferendum passed,that SASU would have beeneliminatedregardless ofthe opinion ofthe general student body. Hecitedthatthe SCC hadacorevoting block of40-50 studentsand althoughvoting turnout was large, they were successful in influencing the vote against Radjavitch and Collins. Although Trezevant would have won regardless ofthe SCC voting block suggested by Nowak, the SCC letter may havehad it's greatest impact onthe election for Treasurer. Steven Lee, who did little campaigning and practically conceeded to Collinsduringthe SBA Candidates Debate on March 23,1992, suprisingly won by a narrow 2 votes. Both Lee and Collins agreed that the SCC letter published the day before elections may have had an impact on the election results. Lee thanked the student body for their support andsaid' 'every vote counted." He said his win was a result of student concern overan issue theyfelt was veryimportant(referring to theSASUreferendum). Collins, however, expressed disappointment with the election results. He said " I hopedthat studentswouldhavevoted on the issues and what I have done for studentsas a [First YearClass Director] and not on unfortunate political occurrences." Collins said that "the SCC tends to turn things aroundand give an inaccuratereflection ofthefactsas they didwith[Dr.]Leonard Je fferies,'' referring toasimilar SCC publication distributed to students prior to Dr. JefterieslectureatUß duringFebruary, 1992. Collins commented that "these political vendettas are not my cup oftea.'' AlsoinSßAelectionnews, Bryan Brockington won a Second YearClass Di- that she felt' 'we have to spend, but we have been spending on the wrong things,'' and she reiterated herbeliefthat moneybeing spent on defense should be spent on investing in the infrastructure. What isneeded, shecontinued, '' is long terminvestment, and not investments forephemeral purposes.'' Holtzman wasthenasked that since she was not the only woman on the ballot for the senate seat, what made her the better candidate. Havingrefrainedfrommenlioning either 0 fher two opponents from her own party up to that point, sheanswered that irrespective ofthe gender, she was the betterqualified ofthe two. She pointed to herexperience at thefederal and the state level, and to the record she had established in botharenas. However, she did point out one majordifferencebetweenherand Geraldine Ferraro, which was that when the "there is no reason for a two served in Congress,Ferraro wasswayedby senator from [NewYork] the MoralMajoritylobby ona women's issue which had heated up, and she was not. to support business as In response to a question on foreign affairs, she said that she would support using usual in Washington" the IMF as leverage against countries which -LizHoltzman try to sell their weaponry to developing nations, and against developing nations which fellow Congresswoman (later indicted) was seek to spend theirmoney on weaponryrather heard to say about her on tape: "she's too than development. honest to trust." Afteranswering several otherquestions, Holtzman concluding her remarks to she concluded her discussion by saying that thegroupoflawstudentswhohad cometohear should shebeelected to the Senate, shewould herspeak by sayingthat" there is noreasonfor try to get on the Senate Judiciary Committee asenator from [New York] tosupport business because the Justice Department meritswatchas usualin Washington." Instead, shecontining, andbecause the "neck-tiebrigade" (borued, New York needs a senator who "will rowing AnnQiiinn'sphrase) which currently shake things up." She then answered quesmakes up that committee, has permitted the tionsfrom theaudience. last three Supreme Court nominees to parade The first question put to her was in the before it withoutfully disclosing where they form of a generalized complaint about her which is so stood ontheright-to-privacy issue sounding simplyas a candidatewhoplanned to crucial all the women ofthis nation today. tospend, spend, and spend. Holtzman replied lenges duringjury selection solely based on the juror'srace. Her work on the work site safety issuetookherbeforeCongresstotestify against the lax OSHA standards which were currently in existence,andherworkon thejury pre-emption issue took her office before the U.S. SupremeCourt. Holtzman also served four terms as a Congresswoman, duringwhichtimeshe sat on the Budget Committeeand served as chair of that Committee's Task Force on State and Local Government. Shewasalsochairofthe Congresswomens' Caucus, supported the women's movement, sponsored legislation extending the ERA ratification deadline. As chairofthe Sub-committee on Immigration, shewas about tocome under the scrutinyofthe FBI during the ABSCAM operation until a Photo: Paul Roalsvig Liz Holtzman, current New York City Comptroller, seeks to become the Democratic candidate for the US Senate racethisfall. the city and the state, and feels it should change. She wouldredirect money currently spentondefensetosocialprogramsinstead. As comptroller, shehasalso hadahand in divesting the city' smoneyfrom South Africa, introducing legislation outlining environmental goals for the city, persuading the city'sretirement fund to file suitagainst acompany which systematically fired all lesbian and gay employees, and ofconducting a study into gender bias in the city's school system textbooks. Before becoming Comptroller, she served two terms as Brooklyn DistrictAttorney. Whileinthatoffice,shehelpedreformthe state'srape statutes, setup an environmental work site safetyagency, and took the position thatneitherprosecutors nor defenseattorneys should beallowed to make peremptory chal- SBA Executive Officer c Election Results PRESIDENT Candidate Number ofVotes �William F. Trezevant 210 151 Michael Radjavitch Write-inVotes 21 No Vote 14 Total 396 VICE-PRESIDENT Candidate Number ofVotes *HankNowak 217 Barbara Hurley(write-in) 50 OtherWrite-ins 60 No-Vote M Total 396 TREASURER Candidate *StephenLee KevinCollins Write-ins NoVote Total SECRETARY Candidate *BridgetCuUen Write-in NoVote Total Number ofVotes 183 181 13 J2 396 Number ofVotes 264 52 m. 396 Second Year Class Director Replacement Elections Candidate *Bryanßrockington JohnJablonski BobGormley Write-in Total Number ofVotes 53 19 2 _5_ 79 the SBA Replacement Election onThursday Apri12,1992. The seat washeld by Erik Marks who recently resigned. Brockington will holdhis SBA position until theGeneral Class Director Elections to beheld rector seat in next fall. Buffalo First year JessupInternational Moot CourtTeam assistance under tightdeadlines. Anna Maria Nikander made the travel arrangements and Democracy in International Law," and was fielded desperatepleas with goodhumor and among theBuffalo contingent inWashington. support. The team would also like to thank Buffalowasalsorepresented at the3lst meet- ProfessorsLeary,Finley,Newhouse,andßussel ing ofthe International Law StudentsAssociaBarsh who spenta number ofeveningsjudging tionandthe 1992NationalConference oflnterpracticerounds in preparation for the compenational Law Journals,also held in conjunctition. tion withthe Jessup Competition. Finally, the Buffalo team would like to The Buffalo Jessup team wouldlike to go onrecord withourcongratulations for the thankthemany peoplewhose unfailingsupport FrenchchamptonsriipteamofNinaEllin, Hywel allowed us to compete for the Jessup World Robinson,WendyBarnard, PeterGriffenDavid Cup. TheßuffaloJessupMootCourtExecurive Reed, PierreLastenouse, and MariannePotter. BoardofSeanGalliherandDanViradidmuch TheFrench team developeda specialrelalionofthehardworkneededtogetthearrangements ship withthe team from Buffalo, and wehope made. Dean David Filvaroff made himself to havethe opportunity to see themagain next available to the team and provided valuable year. ...DC Jessup, continued from page I GIVE BLOOD APRIL 13 & 14 April 7,1992 The Opinion 3 �OPINION (EBi Volume 32 No. 15 April 7, 1992 Editor-in-Chief: John B. Licata Andrea Sammarco Managing Editor: Business Manager: Natalie A. Lesh News Editor: Saultan H. Baptiste Features Editor: DarrylMcPherson VitoA.Roman LayoutEditor: Michael Radjavitch Photography Editor: StaffWriters: Kevin P. Collins, W.F. Trezevant Photographers: Paul Roalsvig Contributors: MikeAvitzur, Bill Kennedy, GarySimpson Editorial In thewake ofthe budgetaryblockade blustering at U. B. Law, Theresa Pearson died taking any chance of using her organs for transplant use Ann with her. For those unfamiliar with the name, Theresa Ann was the child born without most ofher brain, having only a brain-stem which maintained her basic life functions. Mr. & Mrs. Pearson, Theresa's parents, tried to get the Florida Supreme Court to declareTheresa legally dead for organ donation. Biologically, the lack ofoxygen to the body allowed for carbon-monoxide buildup which rendered the organs useless before death occurred. Lawyers were lobbyinglegislators inFlorida in an attempt to change the lawregarding the moment when death occurs. Sadly, Baby Theresa's plight was obvious to themedical world whilethejudiciary inFlorida remained blind to reality of thesituation. A baby in Western New York, Baby Kristin, is searchingfor a heart transplant and faces a considerably shortened life expectancy ifa heart is not found. Perhaps the legal forum for torts can be expanded if judges/legislators were heldaccountable for legal malfeasance. Technology has createdquestions at both ends ofthe life-death motif. Premature children and abortion rights are prominent agents for change in the legislature while comas and living wills are at the other end of the spectrum, re-defining the meaning attached to life. Against all of these stands "State Interest" to override the desires ofthe individual. While a Florida Court may not consider this issue one of 'great public importance," there can hardly be an issue ofgreater importance to the individual thanthe question of existence. The tragedy surroundingBaby Theresa's death is that it may cost other children their lives due to a legal standard that is static and obsolete. This predicament should cause the profession to realign its focus regarding the objective ofthe lawand how notto pursue an ideal to theludicrous extreme. Copyright 1992. The Opinion.SBA. Anyreproductionofmaterialshereinisstrictly prohibited withouttheexpressconsent oftheEditors. The Opinionispublished everytwo weeks during theFall andSpring semesters. Itis the studentnewspaperoftheStateUniversity ofNew Yorkat Buffalo School ofLaw. The views expressedin this paper are not necessarily those of the Editors orStaffofThe Opinion. TheOpinionis a non-profitorganization, thirdclass postage enteredatßuflalo.NY. Editorial policy ofTheOpinionisdeterminedbytheEditors TheOpinion isfunded by the SBA from StudenVLawFees. TheOpJnion welcomesletters to the editorbut reserves theright to editfor length and libelouscontent. Letterslongerthanthreetypeddoublespacedpageswillbeedited for length. Please do not put anythingyou wish printed under our office door. Submissions can be sent via Campus orUnited States Mail toThe Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall,Buffalo, New York 14260(716)636-2147 orplaced in law school mailboxes 443 or 512. Deadlines for the semester are theFriday before publication. The ideas expressed inthe "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial BoardofThe Opinion. VOTE TODAY Opinion Mailbox If You Want To the Editor: Mr. Tirpak has complained bitterly about what he perceives as a lack of ideological diversity among several departments at ÜB, in particular both the Law School and the Department ofPolitical Science. From his perspective UB hasbecome a bastion of leftist-thought, a place where candidates for faculty positions are usually not hired less they be "politically correct." I offer a counter-theory: maybe it' s not a matter ofliberals taking over academia somuch as itis conservativesthat abandoned it. As the onlygraduate studentofcolor in ÜB's Political Science Department, and as one ofonly a handfulat ourLaw School I am painfully aware ofthe lack of diversity atUB, both in termsofour studentbody and ourvarious faculties. The same argument can bemadeabout thelack ofwomen professors. Thecold hard facts are that ifwe want more Women, African-American, Latino, and Native-American professors we have to encourage more of these highly qualified students to go for their doctorates and otheradvanced degrees. We can not have an ethnically diverse faculty unless we have an ethnically diverse body of graduate students. The same principleappliesto Mr.Tirpak'sconservatives. Heshouldhave suspected by now that we do not have more conservatives in American universities because many ofhis undergraduate conservative colleagues decided forfinancial,andother,reasons to forgoanacademic vocation. Mostconservative undergrads knowthatyou willprobably make more money practicing law or owning yourown business than you could as a professor. That's one ofthe sadrealities ofthe teaching profession today. IfMr. Tirpak feels thereis an ideological hegemony in academia he should ' 'put his moneywhere his mouth is and go to graduate school and encourage those who think as he does to do the same. He should encourage his fellow conservatives to give upmoreprofitable career options in favorofsupplyingthis countrywith more right-wing instructors. If, in his view, there are notenough conservative professors than he shouldbecome one. Ifthere is a problem, stop wasting time and become apart ofthe solution. It'sthat simple. Amilcar A. Barreto-Marquez Graduate Student ofPolitical Science and StudentofLaw at SUNY-Buffalo SBA President Clarifies Misrepresentation .To the Editor: OnMondayMarch 30,1992. The Spectrumpublished a letter to theeditor entitled "UB Law School hires and awards only those professors who are 'politically correct.'" Theletterwas written by Mr. HansTirpak, alaw student, who signed the letterVice-chairman UB Federalist Society and Director UB Law Student Bar Association. The signing ofthe letterin thismanner gives the impression thattheStudent Bar Association endorses Mr. Tirpak's viewsand that Mr. Tirpak is the " head ofthe Student Bar Association. Both of those impressions are false. The Student Bar Association is an elected student governmentconsisting ofan Executive Committeeofa President, Vice-President, Treasurer, Secretary and eighteen (18) class directors (six from each of our three class years). The Executive Committeepositions are voted upon by the entire law school population while the eighteen class directors are elected by their respective classes only. The twenty-two positionns are collectively entitled the Student Bar Association's Board ofDirectors. Mr. Tirpak is one ofsixclass directors forthird yearlaw students. Mr.Tirpak' s views are his own and may, ormay not, by shared by members oftheStudent Bar Association. However, it must bemade absolutely clearthat the Student Bar Association's Board of Directors, as an elected student governmentalbody, has not endorsed Mr. Tirpak's views, has not debatedthem and has not seen any evidence to supporthis claim. I offer this clarification notto criticize either Mr. Tirpak or The Spectrum butonly to inform the studentbody ofUB that the Student Bar Association has not taken thepositionthatUß'shiringpracticesare discriminatory. Thank you foryourtime. Sincerely, Brian P. Madrazo President, Student Bar Association SBA Action GeoffTager rnFTJplrllon AprH7,1992- Provide Food forThought Dear Editor: I have been consistently surprised ny the actions ofthe SBA this year. However the budget meeting this Friday was an exceptional piece ofwork. Not Only has the SBA slashed group budgets while adding a line for their own assistantposition, buttheirlet themeatcake" attitude was mainifestby the spread they provided for the meeting. Where are your priorities? Curious, 4 Diversity, Do SomethingAbout It: A Response to Hans Tirpak �One Man's OPINION Constitution Does Not Reflect Reality those we most egregiously oppressed were Commentary byGary Simpson by DARRYL McPH ERSON I've been talking about politicsalot lately. The subject hasbeen consuming the news media, and has been rather prevalent in thelaw school. In the last few weeks I've madea few observationsand nowI knowthe system is totally screwed up. Before I came to law school, I was pretty naive politically. I believed there was always a clearly goodcandidate and a clearly bad candidate, and that the most qualified candidate wi >uld always win. Now I'vecome torealize that that can't possibly be true. Many candidates for highpublic office are not only representatives ofthe people who elected them, but are also servantsofwhateverpersonal or private interest that drives him. Don' t let anyone tellyou otherwisepolitics is adirty game. There'srelatively little that is noble i>r righteous about it. I fell into the trap ofbel ie ving thatbeing avoice in government can make adifference. That is true, but only to the extent that you can manipulate opinions and sway votes your way. A solitary voice crying against what he perceives as injustice is easily drowned out by thesound ofbackdoor deals being cut. There is barely sucha thing asprofessionalism. Ifit exists, it serves as a cover to beusedwhen it'sconvenient foryour side, and is just as easily cast aside when your personal agenda is on the line. I once thought objectivity had aplace in politics, and now I doubt it was everthere to begin with. Everyone, and I'm not generalizing, is influenced by matters external 'to the' issuesathand. Values are forgedand shaped well before a subject is raised, andprecious little can recast a mind set in stone. Personality conflicts, political differences, or the time of day can play a strongerroleinthefinaloutcomeofavote than therelative value ofwhatever subject that is being considered. If one person doesn'tlike anotherperson, thatvote is lost to whatever miasma that clouds his mind because merit no longermatters. Angerand Bitterness don black robes and pound the gavel down, pronouncing swiftjudgment against their momentary enemies. But that isn't to say thatcooperation When it happens, it's a possible. isn't beautiful thing. Other times, it works in pursuit ofanother goal. A compromise in onevote is givenin thehopeofaconcession in another. Nothing stands on its own. Instead,climbinginto bed withtheDevil is done with an easy promiscuousness that rivals even the most libidinous prostitute. Whatever bad taste that accompanies the act is forgotten inthe wakeofthehopefully victoriousand sweet payoff. Mywords areharshand I intend them to be. I'm disappointed that the political realm didn't turn out to be what I thought. I'm even more disappointed that I allowed my selfto become as mucha participant in the evils ofthe system as I was a victim of it. I'm probably guilty of almost every indictment I raised above, and ifsubjected to that environment, I would probably do it all again. Though I use broad generalizations against politicians, increasingly 1find that truly goodones are exceptions, notthe rule. Perhaps it's impossible to tell a "good" one from a bad one. You can't remove yourself from your political actions. It's been said ofPresidential candidate Bill Clinton that he is dying ofambition. Personally, I see nothing wrong with having ambition, and can't fault someone Features Editor for wanting to reach the top. Then I lookat myselfand wonder: did I seek the SBA Presidency because I thought I was thebest possible candidate to serve the people, or was I onlytrying to make myselflook better? While itis possible to be both, should thatbe a goal to begin with? Is there room fornobility ofconscience and the necessities ofpublic office? I don't even know ifit's possible to take a stand anymore. There have been times when I or someone else has voted against the entire SBA Board or a vast majority ofit. The position was taken for the purpose of either sending a message, or holding onto a principle. The question is, was I taking a personal stand on what I believed, or what I perceived as the most responsible and desirablecourse ofaction for my constituents? Did anyone besides myselfreally care that I championed whatevercause? Onecan onlyhope that you're makingproper, well-reasonedchoices, and like Jerry Brown, you're eventually vindicated for your tenacity. However, itcan be a deadly game ifyou're wrong. A wrong move can,and probably will, eventually catch up with you. The way you behave or the way you view the issue are constantly under scrutiny. Tosurvive,you have to be both intelligent and politically savvy. All ofyour life, you live and think a certain way, but onceyou enter the halls of politics, manyoftheruleschange. You have . to know more than justhow toreadthetidev' v .;-'i'.3ii I \vv' \i' n< but howto ride and conquer it as well. : * Unfortunately, the game ofpolitics exists in most facets oflife. Even in areas that aren't expressly political, there is a need to manipulate people and ideas. Politics is ultimately about control. Without control, thingscan't goyourway,and you're easily overwhelmed. Every person needs an elementofcontrol in theirlives just for the sake oftheir sanity. Therefore, despite the inherent wickedness ofpolitics, it is a necessary evil. Likel said, (lie wholething is screwed up. In a recent edition of The Opinion. I happened to come across a commentary entitled "Racism is aTwo-Way Street." I have had occasion to seemany similar articles in the various University student newspapers over this academic year. I'd like to assess this particular article, however. The authorofthis commentary began with a quotationfrom Justice Harlan' s dissenting opinion in the 1876 Plessy v. Ferguson decision which stated "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.'' Perhaps someone has been playing a cruel joke on me all these years, maybe only my copy oftheconstitution refers to Africans as "three fifths" ofaperson. While I concede thatBrown v. Board of Education held that segregation was unconstitutional, we allknow segregationpersists. In fact, any one who has ever read the court's decision in Brown knows that the court realized bringing about an integrated America was not going to be easy. I Jnforrunatelythe City of Buffalo may know thisall too well; during the fall of 1991, a "USA Today" poll placed Buffalo as thefourth most segregated city out of 213 metropolitan areas polled. And no: minorities do not reside in ghetto areas by choice. Ultimately, theauthor reaches his first question: "Is the Constitution color blind?'' Well, ifone appliesa "conservative",original intent, or strictconstructionist analysis to this question, thenreading Article I, Section 2 of the constitution suggests thatcolor-blindness wasnot the intent ofthe''founding fathers. Irealize many willsay' 'wellthat's why Congress added the 13th, 14thamendments.'' Myresponse to that comment wouldbethat the 1 constitution is wonderful for patriotic mouvation, but where color-blindness isconcerned, it does not reflect reali The author next tugs at our hearts by insisting that poor whites are rejected from academic institutions due to the over- whelming numbers ofupper middleclass African Americans who take away their opportunities. The questionposed by theauthoris "Howdoesone explain to the poor white student why he was not admitted?'' MightI suggest starting with the truth? It might go something like this: A very long timeago.ourcountrybeganoppressing people of color. Notwithstanding this country's indigenous nationalities, among AfricanAmericans. To begin with, welook away their ideniities, their languages and made them slaves. And yes it's true, we amendediheconstitution to givethem Ireedom," however all the vestiges of slavery have not been eliminated. In fact, we as a society in many ways continue to discriminate against them today. For a time we discriminatedagainst them through statesiatutes (de jure segregation); and now its done more covertly through de facto or systemic discrimination. However, there area few of these individuals who have overcome these obstacles as well as others. And in a sincere effort to create a unified society we want to give them the chance to experience what we've enjoyed for the past four centuries-' 'true freedom"; as in economic and social freedom. I think that might help toexplain to that "poorwhite individual why thosemodest number of opportunities were given to African Americans and other minorities. Before moving on, Ifeel compelled to scrutinizethe author's observation ofupper middleclass African Americans who deprive poor whites oftheirrightful positions in academic settings or employment. Such statements would be more acceptable if they were based on some discernible factual source. However, Idoubt thattheauthorcould provide adequate proofofhisassertion. There simply are not largenumbers ofupper middle class African American's deprivingpoorwhitesof employment or academic positions. Such assertions are simply contrived to inspire the for the author's mes- resentment necessary sage to flourish. Next, weare treated to a comparison between the discriminationfaced by AlVican Americans and American European ethnic groups. While I resent any comparison ofthe plight ofAfrican Americans to European ethnic groups, 1 will address this mattcf. I applaud thevarious European ethnic groups forseeking freedom in America. However, America is where Africans lost their freedom While European ethnic groups were initially discriminated against upon their arrival here, this discrimination was limited in duration and pervasiveness. A fterall, how many European ethnic groups had been purposely deprived oftheirculturesand histories and systematically dismembered, raped and lynched? How many continue to suffer ...Constitution continued onpage 9 BLUMa SCevHEG.t l. April 7,1992 -ft"fr &W/ The Opinion 5 �commentary: Hate Speech Revisited by Gary Simpson university for educational purposes and that I've rarely listened to Axl Rose, thereperson is subjected to demeaning commenfore I can not say whether or not I care very tary, they are defined by the courts as a "capmuch forhismusic or hislyrics H< iwever, I find tiveaudience." See Jew v. Universityoflowa. it troublng that some indivduals use constitu749F. Supp.946,(S.D. lowa 1990). Thosewho tional vagumessand broadness to execute their are subject to such cruelty are accorded the agenda. More to the point, use ofthe First constitutional liberty of" free will" or free amendment right to " free speech in orderto choice,concepts whichare derived from the justify hate speech. right to privacy. In situations wherethe vieturn Are there limits to "free speech"? ofso called hate speech " is, in fact, a captive Clearly, even the framers ofthe constitution audience, that speech hasbeen prohibited by believed there were suchlimitations. Historithe courts. Jew v. University of lowa, 749 cally, sedition:' 'advocating" theoverthrowof F.Supp.946. the government had been illegal. After all More over,'' Hate speech by most inwhatis' 'advocating but simplythe exercise dividual assessments would be considered offree speech. If the framers truely believed ''fighting words.'' Hence, given theright set all speech was constitutional would'nt the ofcircumstances, suchinflamitory language framers have protected the right to "advocould cause rioting. It would certainly be a cate" the overthrow ofthe government. "compelling governmental interst" to preClearly the courts have determinedthat ventproblemsofthismagnitude. Thus,clearly fee speech has limitations. Weall know that all speech is hot costitutionlly protected nor it isillegal to yell "fire" in a crowded movie should it be. theatre. In certininstances, courts have injoined However, Imustbehonest. Ibelievethat racially and sexually abusive language inthe anyone who wantstoengage in speechofthis workplace, seeEEOCv.BeverageCanners. nature provide the rest ofsociety withhonest, F.2d 1067,( 11Cir. 1990). visible examples of sexists, bigots, majorreasoncertainspeechisnot,and A homophobics, religous intollerants, etc.. To should not beprotected by the constitution is that extent I guess those who want to freely because it may and generally does conflict express themselvesthrough hate speech should with otherconstitutional provisions. For in- be allowed to, so that we may more readily stance, where an individual is in a situation recognize them and may usethem to illustrate where they are compelled to be, i.e. a public toour children improperbehavior Buffalo Pro-Choice Rally Scheduled - by Jdin B. Licata, Editor-in Chief Wichita, Kansas is not an imposing city but it has become a buzzword in the ongoing debate surrounding theabortion issue. In Wichita, access to abortion clinics was severely curtailed as funding was terminated to those women unable to afford anabortion. The national focus hasnow shiftedto Buffalo as Randall Terryand Anti-Abortionactivists attempt tomake Buffalo another Wichita.'' The complexity ofthe issue cannot beoverstatedlegal rights oftheindividual and interests of the state meet in a forum completely electrified with moral and ethical choices. However, the questionremains fundamentally, a question of legal rights and accessofthepregnantwoman. Anti-Abortion activists have successfully used ' 'blockading' ' tacticsto push theaccess questionsquarely at issue. Buffalo clinics are scheduled for blockades fromApril20th to May4* byProject Rescue forces. Observers have noted that Buffalo willbecome acentral testing groundfortactics an all sides ofthe issue. Inaneffortto mobilize effectively, Pro-Choice supportershaveorganized arally in downtownBuffalo onApril 11 at 11 am in Prospect Park. The motivating forces behindtherally include Buffalo United for Choice, a group intent onmaintaining access to clinics and information by pregnant women. The goal of Buffalo United is to "peacefully keep the clinics open by out- ' 'Many ofNew York States's clinics still use nurse practitionerswho still are not allowed to mention thewordabortion. In effect, women are going for counsellingand aren't receiving any," explained Laurie Augustyniak at Planned Parenthood. The gagorderis tied/Jircctly to federal funding, makingit mandatory forany clinic that receives federal aid to comply with the order. Clinics will be given notice of the order followed by a thirty day period in which to send in an assurance of compliance with the order. Planned Parenthood, a family planning health service provider to women ofall economic backgrounds, haschosen not to take $200,000in federal funding tocontinue providing all informationrelevant to pregnant women. Ms. Augustyniak characterized Mr. Terry's tactics as' 'unlawful and dangerous to women, pregnant or not, whom are seeking medical treatment.'' The ironic element to Mr. Terry' svocalapproach is thathe is agalvanizing force forthePro-Choice side whichlacks its ownprominent, nationalspokesperson. "People whoare hesitant to voice oppositionare getting involved andmaking their voices heard. This blockade is a severe threat and people don't want to sit by and watch what happened in Wichita to happen in Buffalo," said Ms. Augustyniak. Central to the gag orderandthefederal funding dilemmais congressional hesitancy to reauthorize Title X. "IfTitleX isreauthorized this year, it will make the gag rule null and maneuvering,out numbering the ProjectRes- void,"Ms. Augustyniak said, adding thatpeople cue blockades," said Julie, a coordinator at are encouraged to make their voices heard by Buffalo UnitedforChoice. organizingand byattending thePro-choicerally Many clinics still face a gag order onApril 11"". despitethe recent back pedaling by the Bush Representatives ofvarious organizaAdministration. The lift of the gag order tions are expected to attend. Information is applies only to medical doctors workingin the available by calling Buffalo United for Choice clinic, not to the nurses ornursepractitioners. 716/8554033. * ...Constitution continued frontpage 5 humiliating discriminatory ordeals on a large scale? How many haveenduredracialassaults inwaysthat A frican Americans have in recent times? How many have recently had their children spray painted as a symbollic gesture to change their color? I believe this series of questions gets my pointacross. Ifind thenotion that onlyAfricanAmericans, Native Americans, latino Americans and Asian Americans receive racial preferenceslaughable. After all what is nepotism, patronage or favoritism when carried out by 6 The Opinion whiteAmericans. Mostofushaveseenthe"6o Minutes'' exposure ofemployment agencies inNew York City and Atlanta, Georgiawhich utilize codes to indicate their preference for white Americans. This program showed that even within race there was discrimination because the employment agencies' preferences were invariably for blondes with blue eyes. I would like to state, that I do not consider all opponents to affirmative actionracists; perhaps ignorant, unenlightened, blind to the truth, orsimply disagreeale; but not necessarily racists. Perhaps, ifI did not share the history ofslavesanddid not continue toexpc- April 7,1992 UB MINORITY ORGANIZATIONS HONOR GRADUATING LAW STUDENTS byGary Simpson Minority law students gathered on Wednesday April, 1 1992 for the 7thannual legal Methods Program (I MP) Dinner. This annual event isheld to paytribute to graduating minority law students, soon to make the transition from academic achievement to therigorsofthe professional legal world. The event was sponsored by the Asian Law Students Association (ALSA), Black Law Students Association (BLSA) and the Latin American Student Association (LALSA). This years ceremony which honored the late Professor Mohammad I. Kenyatta, was held at the UB CenterforTomorrow. Featured musical guest at thisyears event was the Buffalo Academy for the Visual and Performing Arts String Quartet. Thisyear'sCeremonial Speakerwas Charles Carr, Professor of Law. Professor Carr's message to the large and diverse audience was that "there is still [a good deal] of workfor minority lawyers to do in theircommunity." ProfessorCarrbasedhiscomments ontheMarch3l,l992 SupremeCourtdecision, Freemanv. Pitts which limited the desegregation requirements oflocal school boards in Dekalb County, Georgia which historically maintained a segregated school system. In citing statistics illustrating theDekalb County's long standing segregational practices, Cannoted that the Supreme Courtfailed to establish the link between demographic shifts and socialand economic discrimination. ProfessorCarrcalled fornovel strategies to combat the consequences ofhaving a conservative SupremeCourt. Heconcludedby saying, "cases such as this will require' 'new thinking from new lawyers." TheKeynote address was presented by Judge Hugh Scott. Judge Scottmade mention ofhis vast criminal court experience and reflected on the plight of teen-aged Black males who encounter that criminal justice system. He spoke ofthe pervasive problems faced by inner city minority youths, i.e.,low self esteem and the near absence ofparental and teacher support. He furtherexplained that such deprivation generally manifests itselfin the pursuit ofcriminal careers as a means to financial freedom. Judge Scott stressed the point thatminority lawyers can aid in creating apositivealternativeforthisdisaffected population, by taking an active role in the minority community. He strongly asserted' 'you have beaten the odds; Don't forget to reach back [into the community] and take someone else along." In an inspiring conclusion, Judge Green stated' 'becoming a lawyer is themark ofachallenging andrewarding career. Many people look to lawyers as having a unique understanding ofthe system [This reliance on lawyers] providesan opportunity to lead. Theceremonial dinner nexttumed to awardspresentations by thethree LMP student associations. Each graduating seniorreceived an award ofappreciation from theirrespective organizational bodies. Among the special award recipients were Geraldine Zang and Hyeh Jung Soh,receiving theALSA Service Awards. Frank Lee received ALSA'S-Outstanding Achievementand DedicationAward.. LALSA presented Raffael Aybar withitsAcademic AchievementAward. Shawn Jacque was presented withthe BLSA's first annual Mohammad I. Kenyatta Award which is awarded to the student who embodies the rx)sitivequalitiesofthelate,greatprofessor. In addition, all three student groups presented specialappreciation awards to Dean Filvaroff who has announced resignation ofhis post effective at the end ofthis semester. Afteramarvelously prepared meal, the dinnerconcluded witha moving candlelight ceremony in which graduating seniors passed down theirlegacy to a chosen under- - classman. Conference 1 The Law Society of Upper Canada is holding a legal history conference entitled Law. State and Society in History, at Osgoode Hall, Toronto, May 15-17,1992. More than forty scholars from Canada, the United States, the United Kingdom and other countries will present research papers on historical themes including Law in Colonial Societies; Gender and Justice; Independence of the Bar; Aboriginal Rights and Land Claims; Power, Authority and the Law; State Trials Dissent and Repression; and Sources/Methods in Legal History. Sessions will be held at Osgoode Hall, Toronto. - For information write: Dr. Susan Binnie, Research Coordinator, The Law Society of Upper Canada Archives, 130 Queen St. W., Toronto, Ont., Canada, MSH 2N6; tel. (416)947-3481, Fax (416) 947-3991 rience socialand economic discrimination, I too would oppose affirmative action. Moreover, I don' tbelieveaffirmative action makes race relations worse; I believe that those who are so inclined are racists and affirmative action fuels their malignant passions. One glaring illustration showing the necessity for initiatives like affirmative actioncan be found inthe March 1992editionof Emerge Magazine. This editionrevealed that Manufacture's Hanover received over $ 100 million in deposits in Harlem but made only $ 100,000 inannual mortgage loans there(one tenth ofonepercent). Idon'tknowthatlcanofferany comfort to those who feel they've lost opportunities becauseofaffirmativeactwn. Afterall I could offerlittleto those African Americans whoare victimsofsystemic discrimination. However I know where to place the blame for their troubles: look to those who distinguished between the races in the constitution; look to thosewho created separateand unequal school systems; look to those who gerrymander for purposes ofracial andethnic segregation; look to those who only want blonde, blue eyed employees. In concluding, I wouldlike to say that1 am grateful to all those who support effortsto enhance inclusion of minorities in this delicately woven fabric wecall America. These are the individuals whomake me believethat our society still has a chance to truely become the "land ofthe free and the home of the brave." �The Barrister Ball in Full Swing Bob Gormley does the famous Russian Folk dance. David Geursten croons Aida. the following hour, with SBA President BrianMadrazo and SBA Vice-President Kate Sullivanbreakingin the dance floor and strutting their stuff to the delight of Saturday night saw the reincarnation what of used to be a traditional eventhere at the SUNY Buffalo School of Law The Barristers' Ball. Through the efforts ofthe current SBA Board ofDirectors, especially the Social Committee, this semi-formal providedan opportunity for interested law studentsand their friends to minglein an atmosphere a bit classier than a beer-swilling party at one ofthe local bars. For the relatively low price of twelve dollars, the approximately 75 individuals who attended this event, held at the Center for Tomorrow, were treated to a very accessibleandwell-stocked open bar from 9 p.m. to about 1 a.m., all thehors d'oeuvresthey could consume, a tremendous mix of music played by second year law student Rob Pelier, and the company of some of the more colorful people at this law school. Most ofthe attendees began to arrive after 10p.m. and the dancing startedwithin -- all. Soon to follow was the ever popular dancetroupeofßobGormley.TaraFlynn and Catie Cerulli, all ofBar Revue notoriety. Before long the dance floor was filled with writhingbodies as the open bar began to overpower any and all inhibitions. At one point, the dancers were too numerous for the designated fV>or space and theyspilled outonto the surrounding area, continuing well into the wee hours ofthe morning. things considered, the evening wa.*' Jte a success. Everyone looked their best and compliments were exchanged in record numbers. The SBA may have lostmoney due to therather low turn-out, but this semi-formal will hopefully have marked the start of bigger and better things to come. 36 year old Brian Madrazo harkening back to his disco days. Eileen Groark with her hands full. Tom Salatte learns the lam-batte. April 7,1992 The Qpinipn 7 �From the Desk of the President by Brian Madrazo ELECTION RESULTS The Executive Committee elect ofthe SBA is as follows: William F. Trezevant HankNowak -President -Vice-President StephenLee Bridget Cullen Treasurer -Secretary - Approximately fifty percent ofthe school voted inthe election. TheTreasurer" s election was decided by a mere two votes. I wouldlike to thankall those who voted and wish the new Executive Committee luck next year. They formally take office on May 1 st, 1992. Bryan Brockington won the 2nd year Class Director replacement election held last Wednesday and Thursday. He replaces Erik Marks whoresigned fromtheBoardabout two weeks ago. Welcome to Bryan and thank you to Erik for his workthis year. We will miss Cato at the meetings. 1992COMMENCEMENTSPEAKERS AND AWARDS Congratulationsare in orderto JimMaisano for winning the Student SDpeaker election. Similar sentiments are due to Professor Charles Carrfor Faculty Speaker. The Faculty Award will be given to MuhammadKenyattaposthumously, and the StaffAward will goto DawnBaksh. Thisannouncement should'veappeared sooner, butgot lost in the shuffle. It's an oversightfor which I apologize. BUDGET The SBA passedthe 1992-1993 budget late on Friday nightafterapproximately five hours ofdebate and talk. Each student group was given achance to speak to, and be questioned by, the Board ofDirectors. Thebudget hearing wasthe culmination ofmonthsofwork startingwith the preparation of each groups budget, budget committee hearings, budget committee recommendations and intense lobbying. The budget is, by and large, a good one. Next year's Board will not be hamstrung byan in flexible budgetwhile the studentgroups will stillbeable to enrichthe school in the many ways that they do. The SBA will be hiring a part time employee next year to ensure that the office never again falls into the morass that the outgoing Executive Committee found it in when we took office last fall. ORTENTATION AND SPEAKERS COMMITTEE In Januaryand February I put inthis space a series ofcallsfor people interested in working on the Orientation Committeeand the Speaker'sCommittee forthe Class of 1993.1renew that call today. Ifyouare interested ineitherofthese committeesplease drop anote inmy box(449) or the SBA Office orwithDeanNewell.These are fun committees andreally make a difference so I hope to hearfrom a whole slew offolk. FINALLY A yearpasses quite quickly when youare doingsomething that you really like to do. Being President was., and is*, somejhmgj like to do. many things there is an endaqd forme the end is May 1. Therefore, this will bt thelast' 'Froftithe Desk of:..'' written by me. Although I will still technically be in office whenthe last issue ofThe Opinion comes out the new Executive Committee will be writingthat column. Therefore, I would like totake this opportunity tothank themany people who have helped us along theway. Thanks to thestaffhereat theLaw School. Barb, Cheri,Carolyn, AnnaMarie, Arlene, Marie, Sharon, and Kirn your help made my job so much easier. Thanks to Dean Cook, Audrey and Karen Waltz. Withyour help we were able to accomplish many things,from new computer facilities to more information from CDO to fairer course selection policies. Thanks also totheadministration and the faculty. Although we disagreeon many issues! have enjoyed working with you and I trust that the working relationship that we have developed will be furthered by the new Dean and the SBAExecutive Committee-elect. Thanks also to the many student committee members who have put in so much time ensuring that students are represented on the many issues affecting this Law School, from admissions to the budget to academic policy. Youlargely toil in obscurity but your effortsare appreciated. Tothe Board ofDirectors, andespecially theother members oftheExecutive Committee, it wasaprivilegeand an honor to serve with you. Thanks to Kevin, Eileen, Bridget, Kristin, Sarah, Steve, Scot,Scott, Hank,Mike, Aida,Erik, Bryan,Norbert, Hans, Marc, Sandra,Angela, Darryl, SabbyandmyExecutiveCommitteeofKale.DarylandDavid. Yourhard workmadeeverything possible. It has been a pleasure to work with you and I wishall ofyou luck in the future. Finally, thank you to all the students whotook thetime tomake SBA a viable organization, who dropped by the office withideasand suggestions, whoattended our eventsand became a part ofourtraditions, who criticizedand helpedus to grow. Withall thefrustrations ofthis job I would not have traded one second ofit because your interest and enthusiasm made it all worthwhile. Itwasa pri v i lege to have servedas President and I thank you forthe <>pportun ity. I wish each ofyou luck, especially myfellow third years, and since there will not be a' 'next time forthis writer I' 11just borrow a phrase from MASH andsay Goodbye, Farewell andAmen... Seeya. SBA BUDGET: Fiscal 1992-93 Organization Name: Student Bar Association Fund Name: Fund Number: 07 Appropriations AccountNumber Account Title 1992-1993 Appropriation AdministrativeDivision admin, assit.** 07-0200-1111 07-0200-2101' capital equipment 074)200-1102 telephones 07-02004104 duplicating 07-02004105 office supplies 07-0200-4116 travel 07-02004123 DVF speakers 07-02004124 orientation 07-02004128 unallocatedreserves 07-02004132 athletic fee 07-02004134 conventions 07-02004138 social 07-02004633 directory 07-02004635 senior week 07-02004644 fundraising 07-02004676 SASU 07-02004696 Law Review 07-02004697 organizational duplicating 07-02004692 ken gomez fund 07-0200-6123 SBIloan principle 07-0200-7123 SBI loan interest Deptartment Total: 07-0200 Administrative Division 3,500.00 5,400.00 4,300.00 600.00 300.00 200.00 delete 600.00 3,000.00 7,500.00 delete 2,200.00 800.00 delete 600.00 1,580.00 50.00 0.00 delete delete delete 30,630.00 Department 1800 Sub-Board OneContractual 07-18004130 allocation 07-18004131 accounting fee Department Total 07-1800 Sub-Board OneContractual 3,240.00 9,000.00 12,240.00 GROUPS: DepartmentTotals 07-0621 Center forPublic Interest 07-0622 Opinion 07-0624 BfloW omens Journal 416p h iDe taPhi 07-1422 fßaflafoInterestLaivPrbgfarrfS"" 33 1 " Prison Task Force 07-1532Jessup 07-1586Desmond Moot Court 07-3401 Buffalo EnvironmentalLaw Society 07-3402 Sportsand En tertaim cnt 07-3403 Phi Alpha Delta 07-3405Federalists 07-3407 Studentsfor Constitutional Concerns 07-3409 BuffaloEnviron. Law Journal 07-6101 Assoc. ofWomenLaw Students 07-6102Black Law StudentsAssoc. 07-6103Lesbianand Gay Law Students 07-6104 InternationalLaw Students 07-6105Latin AmericanLaw Students 07-6106NationalLaw Students 07-6108Labor Law Society 07-6109 Asian AmericanLaw Students 07-6111 Hibernians 07-6112 Criminal Law Society 07-6114 StudentsForCorporateAccountability ' 2,100.00 6300.00 75000 -moo nt 1,650.00 1,850.00 1,000.00 1,350.00 45().(X) 200.00 inn 00 750.00 275.00 750.1X) 425.(X) 2,400.(X) 825.00 6(X) (X) 1,800.00 1,100.00 delete 600.00 425.00 delete 200.00 100.00 750.00 delete 07-6116TaxLaw Society 07-6117DomesficVk>lenceTaskForce 07-6118Bar Review Co-op Fund Total 007 Student Bar Association $69,670.00 Class Director Opposes Hiring ofAdministrativeAssistant byKevin P. Collins, 1LClass Director I must say that I am most strongly and sincerelyopposed to thehiring ofan Administrative Assistant. With all due respect to President Madrazo, who has put much hard work and dedication into the SBA, I disagree withhisproposalandreasoning. Firstofall,the proposed $ 5000 amount would betaken from thetotal 0f431,750 (the amoung that isleftover from the grand total of$57,130 afteradministrativecosts suchas paying Sub-Board I,every phone bill. Recreation and Intramural, etc.) with which the SBA has to fund every law school student group. Thisrepresentsalossof nearly 1 /6 or 17%oftheavailablefunding for groups, Thisproposed Administrative Assistant wouldbe hired from outside thelaw school. 8 The Opinion TheAssistant would dothevoucherpaper work of the SBA- part of the very job the SBA members were elected to do. SBAmembers volunteered to dothe job in the elected office. You cannot tell me that 22 elected officials cannot properly run the organ izationand do the necessary paper work. Does the Editor-inChiefofa lawreview get to hire someone to do citechecksand to provide "continuity?" Do other student groups that put in tremendous hoursoftime get to hire someone outside the law school to do their work for them-the very wi>rk they volunteered to to? IfanSBA member or members cannot or do not do their joband work, then they should either resign or be impeached our ofoffice. April 7,1992 This notion iswhat the SBAfought over earlierthis year- Article V ofthe SBA Constitution. Some members wanted to recieve compensation for theworkand hours they put in. However,both the SBA Board ofDirectors and the student body passedthepresent Article V whichdoesnot allow forpayment. so not that members cannot be paid to dotheir work,which they volunteered for and were elected to do, it is suggested now to hirea person from outside the law school- not even alaw student activity fees! $5000 ofourfeescanbeput to better useourstudent groups desperately needthismoney to operate- and not to pay an outside person to do the SBA's job. Further, as it stands now, thereis $3500 left in the proposed line. How viable is it to hire an outside administrative assistant withthat little amount ofmoney to pay fortwo semesters amount ofwork? How muchwillanoutside person care about thelaw school? This $3500 should go to us, the students. Please let theSBAknow how feel about this budget and the proposed administrative assistant. These are your mandatory student activity fees. Ifyouhaveany questions,i would be glad to answer them as I am a SBAdirector and was on the SBA BudgetCoimmittee. My Boxis#63o. The next and quite possibly last SBA meeting will beWednesday, April Bth at 8 p.m. inroom 210. All meetings are open and studentsare highly encouraged toattend. �SBA Passes Club Budgets byKe\'in P. Collins, Staff Writer On Friday, April 3,1992 the SBA passed next fiscal year's budget after a 5 1/2 hour meeting that lasted from 5:00 pm until 10:30 pm. The budget hearing started with each group getting an opportunity to speakabout theirproposedbudgetwhichwasput forthto the full SBABoardofDirectorsby the SBABudget Committee. The Budget Committeeconsisted ofcurrent SBATreasurer, Daryl Parker, SBA Directors Marc Hirschfield, DarrylMcPherson, Michael Radjavitch, Kevin Collins, Bridget Cullen, and students Natalie Lesh and John Rosero. Mostgroupsrecognized the current fiscal constraints facing the SBA and accepted their proposed budgets. A common theme, though, was that their budgets could go no lowerwithoutseriously hurtingtheirability to function properly. A few groups expressed dissatisfaction with their proposed budget. Most noticeable among these was the Prison TaskForce which facedaproposedsBsodollar reduction in theirbudget. Afterthe group presentations,the politicalprocess wasset in motion duringthe dinner break. Itis true thatpolitics makes forstrange bed partners. Much work went intoa behindthe-scenes compromise dealthat wouldallow thegroups that expressed gravedissatisfaction with their budgets to receive the necessary extra funding. The compromise was put together by Directors Scot Fisher, Marc Hirschfield, Michael Radjavitch, andKevin Collins, withhelpfulinputfrom incoming SBA President William Trezevant. Whenthedinnerbreakhad finished, the budgethearingresumed. Thosewhohadworked furiously onthe compromise approached the otherDirectorsandexplainedittothem. Then, SBA President Brian Madrazo stepped down from thechairand spoke. He statedthat hewas much in favor ofthe SBA getting an Administrative Assistant for the office. He said that this would allow for continuity from year to year,free upmoretime forExecutiveCommittee members, and ensure that vouchers are handled properly. President Madrazo originally had proposed that$ 5000ofthemandatory student activities fees go to hiring someone from outside the law school to do the office paperwork. The BudgetCommittee proposed $4500 to thefull Board. AfterPresidentMadrazo spoke,2LClass Director Scot Fisher made the motion to take $ 1000from theproposed Administrative Assistantline and $300from the Social line and usethatsl3ootoaddtothegroups'budgets that most needed it. He proposed thatBPILP get $150, Circles $150, Buffalo Environmental Law Journal $ 150, Prison Task Force $ 150, Buffalo Environmental Law Society $150, LGLSO $75, the Federalists $100, Law Stu- ... I stYear Jessup continued frompage 1 a lovely welcomingreception onthe eve ofthe Competition. Kirn Danzi noted Hodgson, Russ' generosityand assistance as vital factors inthe ultimate success of this year's Competition. ''Partner LanceMadden, Recruiting Coordinator JaneMcAvoy, and FCG verteran Ellen Weissman ofHodgson, Russ dideverything conceivable to assistus withthe Competitionthey were nothing short ofindispensable and we are very grateful to them.'' Maintaining the tradition which was started last year inTorontoby the 1991 Jessup squad, this year'steamswept all ofthe awards at the FCG Competition. The Best Team award, the most covetedhonor ofthe Competition, is based upon the cumulative scores of the four two-person teamsrepresenting each lawschool. Thishighhonorwasbestowedupon the Buffalo team after they successfully defeated Syracuse University, the University of Toronto, and Queen's University. Members ofthe Buffalo team were also awarded "Best Applicant Team" and "Best Respondent Team awards atthe banquet held dents for Corporate Accountability $75. and the Hibernians $50. 1LDirector Kevin Collins seconded the motion. Then, 21. Director Michael Radjavitch proposeda h<>stile motion to take $ 100 dollars out ofthe Federalists and put it back into the proposed Administrative Assistant line. After debate, though, Mr. Radjavitch withdrew hishostile amendment. Subsequently, 1L Director, and next year's Secretary.BridgetCullenproposeda friendly amendment to the main motion that $50 be takenfromßPlLPand be grvento theDomestic Violence Task Force. Both Directors Fisher and Collins accepted this. The SBA Board then voted onthe proposed budget as amended and itpassed unanimously. 1L Director Sarah Swartzmeyer expressed herdisappointment in theprocessduring thedebate. Ms. Swartzmeyer didnot like The most emotionalpoint ofthe evening came during the debate when SBA PresidentMadrazo refused to recognize 3L Director Marc Hirschfield for the rest ofthe year and at any meetings. the ideathat one grouphad toreceive funding, namely the Federalists, otherwise a certain groupofClassDirectorswould voteagainst the budget Many Directorsagreed withher in that each individual groups shouldbevoted onits individual merits and not because ofpolitical pandering orjustto get oneperson to vote for your group ifyou vote for theirs. The most emotionalpoint ofthe evening came during the debate whenSBA President Madrazo refused to recognize 3L Director Marc Hirschfield forthe rest oftheyearand at any meetings. President Madrazo statedthat he wasfed up withMr. Hirschfield'sbehavior. Mr. Hirschfield wasalleged to have goneout ofhis way in try ingto sabotage the SBA budget hearing sothatthere wouldnot be quorumand no lawstudent group wouldhave any budget for the next fiscal year. He was to be impeached by the SBA but this was tabled to a later meeting. Heallegedly was going tohurt every groupand law student. It waspointed out that Mr. Hirschfield was elected to his position with just three votes but was allegedly attempting to hurt over 750 law students. President Madrazo stated that he was doing this because, basically, he objects to Mr. Hirschfield'sbehaviorandbecausehedoesnot like him. Mr. Hirschfield protested, but the Board voted not torecognize him anymore. In the end, the budget didpass. atthe Hyatt Regency Hotel on Saturday night. The team of John Craik and James Lynch, recipients ofthe "Best Applicant" award, were judged to be the best team representing the country ofAtlantis. Similarly, the teamof Jackie Jonesand Doug Sylvester,recipients of the "Bestßespondent" award, werejudgedto be the best team representing the country of Bergenia. Both teams dazzledtheiraudience in theDemonstration Round held at theconclusionofthe Competition. Buffalo'sDoug Sylvester washonored with the only individual award ofthe FCG Competition. The "Best Oralis!" award is basedupon each competitor'smdiv idual scores throughouttheCompetition. Doug, whoclaims thathewas surprised by theaward, is flattered to be in the company oflast year's "Best Oralist" winner, Buffalo's Dan Spitzer. "'Hey,' I thought," he says, "Dan won last year andnowhe'sworkingatHodgson, Russ. Nottoo shabby." Members ofthe 1992 first-year Jessup team from UB expressed theirgreatappreciationforall ofthesecond-and third-year Jessup members who spent timepreparing them for Open Memo to Students byDean David B. Filvaroff Thefollowing isa memorandum oftheFaculty StudentRelations Board (FSRB), whichI adopted. As theBoard has requested, lampublish ing it in The Opinion. Astudenthasadmitted to theBoard thathe or sheknowingly falsified his or tierresume and an unofficial transcript ofgrades to make itappearthatheorshe hadHonors grades in several courses in whichhe orshe had not attained such a grade. He or she further admitted that he or she employed the facilities ofthe CareerDevelopment Office to obtain summeremploymentthrough the use of such false resume and gradestatement. After substantial deliberation, during whichthe Board consideredthe financialpressures which tempted the studentto takethe action he or she did, a majority ofthe Board hasconcluded that it would not be fair or wise to recommendthe student's expulsion from the law school community. TheBoard has concluded, however, that (1) Thestudentshouldbeperma- nently prohibited from using the Career Development Office resources (The Board recommends that he or she be permitted toapply forreinstatement to such use no sooner than 12 months following graduation from law school.); (2) that he or she should be requiredtoperform community service, in the form and forthetime determined in theDean's discretion, to help repair the damage inflicted on the fabricofthe law school community; and (3) that a verbatim copy of this memorandumbe inserted in the Permanent Record file and in the report requiredto be sentby thelawschool to the Characterand Fitness Committeeofthe Appellate Division of the New York Supreme Court. The Board has also decided that the Board'sconclusion be made availableto thelawschool community through your office in the formofthis memorandum revised to remove the student's name whereverit appears and to substitute for it a phrase such as " a student or "the student." FROM THE CHEAP SEATS byRobert Garnsey, Cheap Movie Critic Ifyou'veneverreadWilliamßurrough's The Naked Lunch (which I haven't), then you'llprobabrybeasconfoundedaslwasby David Cronenberg's film version, now playing at the Amherst Theater. Be forewarned: this movie is nowhere near as accessibleasCronenberg's morerecent efforts ( The Fly,DeadRingers, etal). The film does contain elements of Cronenberg's more familiar themes, such as human metamorphosis and bodily transformation, all laced with an underlying dark humor.Butthemovieeventually bogs down in its own weirdness; after a while,theKafkaesqueplot and the images of talking insects cease to be funny or interesting,and the film loses its gripon the viewer. Basically, NakedLunch is the story ofBill Lee (played with typical understatementand wryhumor byPeter Weller), awriter whorepresentsßurroughs' alteregoandwho also moonlights as an exterminator. Bill's wife(Judy Day is) has becomeaddicted to the ' 'roachpowder'' thatBilluseson thejob(' 'It's a very literary high," she tells him), and Itualy she getshimhooked onthe stu 11as Soon Bill isexperiencing hallucinations oftalking bugs who I him to a mysteis place called rzone, where he juntersa number izarrecharacters h as the Mugnps (grotesque itures who disse intoxicating dswheneverBill tes something d) and typewrit- hat turn into wisejking insects. 's journeys to Interzone may be inon a terpreted numberoflevels: as a metaphor for heroin withdrawal, as a commentary on writing andthecreative process, oras aDantean descent into hell.But the film is unfocused, and it drags on so long towards theend that, after a while, I didn'treally care what it meant I would venture to guess thatthose whohaveread Burrough*snovel will beable to appreciate thismoviemuch more thanldid.Be that as it may, NakedLunch is notfor everyone; at least threepeople walked out ofthetheater the day I saw it. I can recommend itonly for those whoare familiar withthe book, or for those with a taste for the truly absurd. the Competition. Jackie Jones claims, "We wellthe coached us." all improved our oral advocacy skills The organizers ofthe Competition as tremendously... [and] this only happened be- wellas thecompetitors agree that the weekend cause the Competition gave us a forum to was aresounding success, filled with many memorableperformances both in andoutofthe mockcourtroom. OneofmeparticulariymemoOne ofthe particularly highlights ofthe Competitionyvas when rable memorable highlights ofthe John Craik, inresponse to a question from a Competition was when John judge, cited Barbara Streisand as a legal auCraik... citedBarbara thority, claiming that "A persecuted group Streisand as a legalauthority, wasa 'People who needed People* and were therefore' theluckiest people in theworld.''' claiming that "A persecuted "It was a great experience," says Kristin group was a'People who Graham. Expanding upon this James "It say Lynch s, was an excellent opportunity needed People'and were to meet other wonderfulfirst-year law students therefore'the luckiest people in whoweretrying to improve theirlives. I would theworld.'" encourage everyone to try out nextyearforthe international competition.'' practice andthesecond-andthird-yearcoaches grilledus for two week." Echoingthis sentiment, Simon Conte stated, "It wasn't until after the Competition that we realized how April 7,1992 The Opinion 9 �Presidential Candidates Seek to Gain Western NewYork Support Jerry Brown Bil Cinton by W.F. Trezevant, Staff Writer With mere moments left before New York's primary on Tuesday April 7, Presidential candidate Bill Clinton came to Buffalo, addressing a crowd at Canisius College on Friday. The enthusiatic group ofaround 400 wasmade upprimarily ofsiuden ts eagerto hear Clinton'smessage. Introducing Gov. Clinton was Carlton Bailey ofthe Buffalo Bills. Mr. Bailey commented," BeingaproJ'veseenalotofmean hits and I've givena lotofmean hits, But in all my years as a pro, I' ye neverseen the pain that this country has felt during the Reagan-Bush years." Mr. Bailey then presented to Gov. Clinton a Buffalo Bills football jersey with Bailey's name and number. Gov. Clinton likewise presented to Mr. Bailey a Blue Clinton President Jacket and a football. After the applause, Gov. Clinton then began to address the crowd. Citing the appproaching primary day in New York, the Govenor urged,".. .every New Yorker to vote on Tuesday, sothat the votereflects a genuine decision." Moving on the Govenor took a moment to state thatheloved Buffalo, having beento Buffalo two othertimesprior to begining hisrunfor thePresidency. He also expressed his longstanding support for the Buffalo Bills. The Govenor then pointed out that the Buffalo Bisons draw bigger crowds than some major league teams stating,'' the » community's support isan example of the spirit of the people ofthis community." The Govenor thenlaunched into a scathingattack on Ronald Reagan and George Bush'srepublican administrationofthe United States.'' For ten years wehavenot been on the move. We workharder for less and less. Our hopes are dashed whileGeorge Bush turns a deafear and a blind eye to the problemsfacing ournation." ' 'This election is about doing what it esto ensure fairness,work,and progress... We are the onlyadvancedcountry whosePresident believesthat the onlyrole ofgovernment is to keep inflation low, taxes on therichlow and the market will take care ofeverything else. GovernorClinton charged thatReagan dBush have stubbornlyrefused to join in withotherhigh growthcountries.. .We need a leaderwhotakes thelead, on economicpolicy, health policy, educationand ourenergy problem... Bush believes that these are not the President's problem, meanwhile the federal government asks thestates to domore withless money." As an example, Gov. Clinton cited a recent visit to Washington D.C. byleaders of the computer industry. ''They had to plead with the President, and he told them to get 105t... that the market takes care." Staying on theattack, theGovernor pointed outthelack of a comprehensive plan to assimilate the men and women beingre-introduced into civilian life as a result of the defense department reductions. This is not working. Canwegofour more years being out ofstep withtheworld? Calling for anew approach to the issues that faceour nation, theGovemor stressed, "it has little to do with Democrats and republicans. It'saboutprograms that work. It'sabout a President whoreaches i >ut acrossracial lines, economic lines social lines. It'sabout giving more incentives to business to invest and less incentives to leave.'' On theissueofeducation, theGovemor said that he would scrap the present student loan program in favi >rofan american trust fund f( >rany college bou nd students. The governor ■ H detailed that under his college plan, any by Michael A vitzur american student, regardlessof income,could Democratic Presidential candidate Jerry borrow money, "thus putting college within Brown took hiscampaignforthe April 7New the grasp ofevery high school student. This York primary to Buffalo on Sunday April sth, fund would be financed with a portion ofthe speaking toacrowdofabout 400 at arally at the peace dividend and byre-directing the present United Auto-Workers Hall on Main Street. student loan program, which is not cost effec- The candidate portrayed this election as a choice between "politicsas usual" anda government ofthe people. Referring to his oftMoving on the governor statedthat repayment would be based either as a small repeated campaign slogan, Brown urged the percentage of income or through one or two enthusiastic crowd to help the country pull years ofpublic service as teachers or police together and "take back America." officers.Turning hisattention to younger stuThe former Californiagovernorquoted dents, GovernorClinton stated that he is comThomas Jefferson incallingforasecond Amerimitted to fully funding Head Start. He addican revolution and emphasized that "We the tionally proposed the creation of a national People" is the focus ofhis campaign. "It's not apprenticeship program to teach skills that about me, it's about you. It'sabout the realizawillhelp non-college bound students gethigh- tionthat we're about to takeback our country," wagejobs. GovernorClintonalso highlighted he said. The sharpestrhetoric wasreserved for hispositionon family leave which he characterized as the right to make choices. He ArkansasGovernor Bill Clinton, whomBrown supports the Family Leave Act which Presicharged withlies and distortion in hisattacks dent Bush vetoed and called for increased onBrown's proposal foraflat 13%incometax funding ofchild care support systems. The rate. Brown instructed his audience, "Don't Governor vowed to implement the toughest believeany ting Clintonsays,"andcitedastudy child support collection enforcement, referby the independent National Center forPolicy ring to thebilhons Analysis, whichforesaw the creationofthree of uncollected million new jobsby the year 2000 should the child supportob- plan become law. In contrast, under Clinton's tax plan, 260,000 jobswould belost. ligations annuEconomic hardship wasBrown's major ally as, "a natheme. He offeredfew specific proposals but tionalscandal." didcallfora national economic strategy, block On the reandrevenue grants sharing torevitalize cities, lated issue of the defense halving health care, Govbudget, fullyfunding the ernor Clinton Head Startprogram, and providing health care "forall Americans as a matter ofright." With charged, "President Bush hasar- aUAW signbehind him,Gov.brownexpressed rogantly refused his support forexpanded unionrights and deto deal with proridedClintonforpresidingoveraright-to-work vidingaffordable stateranked last in wages, and torhis support healthcare forall offast-track authority for President Bush in americans. pursuingafree-trade agreement withMcxico. Brownpointed to the now-empty Trico Health care affordshould be able to everycitizen.'' The governorpointed out thatthe United States is the only industrialized nation withouta health care plan that provides long term health care forall. "We have a President whose politics are ofdivisionbyrace and region and destruc- byAndrea Sammarco, iManagingEditor tion We needaPresidentwhose programs put Washingtonianshavebeenlong accuspeople first. A President who helps people tomed to large influxes ofmarching, chanting build towards theirhopes, dreamsand aspira- people spouting one political ideology oranotherand, as aresult, barely blink whena new tions." Focusing on Jerry Brown,the Governor contingentdescendsonthecity. ButevenD.C. began, "Jerry ought to be ashamed of his natives wereawestruck by the sizeand intencampaign ad, it's outrageous... the one which sity ofthe National Pro-Choice Rally which implies that I am anti-civil rights. The fact is took place on the Mall on Sunday, April 5, that I fought hard to get one ofthe most com- organized in part to demonstrate widespread prehensive civilrights acts through the legis- supportforproposed federal abortion legislalature in Arkansas. The act passed the house, tion to be voted on November 3. Early estibut the senate wanted to wait to see what mates placed the number ofpro-choice supCongressdid withthe 1991 Civil RightsAct, so porters inexcessof7so,ooo,mostofwhom took it was not passed. Jerry knows this but he theircause to the streets ina march ofstaggercontinues to lie in his ads. We tried and ing proportions. The march, whichgot underfailed.'' GovernorClinton then explained that way at noon, began atthe Ellipse in backofthe he has appointed more minorities than all White House, wound around the Executive previous Arkansas governors combined. He OfficeBuilding, and up Pennsylvania Avenue, furtherpointed out that Arkansas was thefirst passing directly in front oftheWhite House. the schooldesegregation case against The marchers ultimately converged on the Mall, directly in front of the steps of the ite voluntarily. Pressing the attack. GovernorClinton Capitol. ented that,'' Jerry has asimplenotion of Speakersattherally included New York dgning,...'lwas oncebad, butnow I'm Senatorial Candidates Robert Abrams and ect me because I can fix everything',this Geraldine Ferraro, as well as entertainers an over-simple-minded remake ofthe Morgan Fairchild. Jane Fonda, and Cindy ...even his tax plan of 13%whichReagan Lauper, and Academy Award Winning DirecInot propose at thebeginning ofthe' 80s tor Jonathan Demme. se it was considered too react ionary Opposition presence was sparce, with ' 'My ideas are not simplebut we can't isolated pocketsofanti-abortionists turning up anymorereactionarypolitics. Weneed irture from brain-dead politics, and a to responsibility. We need to create a tie participatory society, by opening up orsfor everyone." The governor,after a quest ion and aneriodwiththecrowd,encouraged everyvote saying thisdecision was too imporleconcluded by saying,'' 1 got intothis Washington Pro-Choice Rally Exceeds Expectations . Ile ill In 10 The Opinion April 7,1992 factory across the street as "a remnant of thousands ofpeopleout ofwork or working for a fraction oftheir old wages." Those lost jobs, he said, have gone to Mexico or states like Arkansas, and he blasted Clinton for taking pride in and encouraging the flight ofbusinesses tohisk)w-wagestate. Brown characterized the choice in the upcoming election as clear and asked the voters to compare the gubernatorialrecords ofthe two leading candidates. HedepictedhisCaliforniaadministrationaspro-trade-union and boasted ofhaving increased wages, created two millionjobs in eight years, protected the environment and advanced economic justice. But Brown retruned to the issue offasttrack authority, which he sees as emblematic ofthe differencebetweenhimselfand his main rival. In abdicating its power to amend whatever agreement Bush reaches, Congress has "deprived the people oftheirright to participate." Helabeled Clintonanother membcrof the "corrupt political leadership that won't move" and he said Clinton "doesn't get it." Afterasking those gatheredhow many ofthem had evergiven $ 1,000to apoliticalcampaign. Brown told them, "You're thekind ofpeople who don'tgetto firstbasein aClinton campaign orin politics as usual," and he drewhis loudest applause by promising that sincehe accepts no contributions greater than$ 100,he willnotbe indebted, ifelected, to any "WallStreetbanker or multi-national corporation." Even in displayinghislighterside, Gov. Brown continued to portray himself as the simplepopulist and Gov. Clinton as the standard deceitful politician. Pausing in his remarks to aska photographer not to obstruct the view of the children seated behind him. Brown suggested thatenoughphotosolhimhad already been taken. "1 don'thave that many facial expression," he said. "Nothalfasmany as my opponent, who has a different one for everyoccasion." win hnl In itiMiiiM' fhiviinntrv " mainly in front ofthe WhiteHouse. Overall, marchers and anti-abortionists were surprisingly non-confrontational. Buffalo wasvery wellrepresented at the march, in large part due to the extraordinary effortsoflocalpro-choice groups to coordinate vans and buses going to the event. Many Buffalonians felt compelled to turn outto demonstrate their opposition to the scare tactics being undertaken by Operation Rescue Leader Randall Terry, whohas threatened to turn Buffalo into' 'another Wichita," by closing down local abortion clinics. Rebecca Harvey.aUniversity at Buffalo graduate studentand march attendee, said,' 'We want Randall Terry to know that he'snot in Kansas anymore. "In addition to the Buffalo contingent, membersnationwidefrom groupssuchas the Women's Health ActionMobilization and NationalAbortion RightsActionleague, came to the march withbanners and buttons specifically stating theirintention to be in Buffalo in mid-Apriltohelpkeeptheclinicsopen.Spcculationruns high among local pni-choice groups that Randall Terry's media silence in past weeksregardingaßuffalodemonstration indicates that the Operation Rescue Leader is having second thoughts about the success of such a venture, and as a result is trying to disassociate himself from what could be a failed venture in late April. Submissions for the next issue ofThe Opinion must be in by April 16. Please leave them in Box 443 or 512. Thank you! �The Docket asihanti Reimbursements Requests: All reimbursement requests must be turned in to the SBA by this date in order to processed by final exams. All requests turned in afterApril 17 will not be processed until after final exams are over and the new executive officers have been trained in the accounting system. Sports and Entertainment Law Society Presents: Ellen M.Zavian, Esq., Sports Agent/ Personality Representative. Ellen Zavian is one ofthe two female NFL Agents. She will be speaking onThursday.April 9, in Room 109,0'Brian Hall, at 6:00 p.m. There is also an expected special guest appearance by a local sports figure that Ms. Zavian represents. Refreshments will be provided. All are welcome! Democracy and Human Rights in Africa: Professor Peter Ekeh ofAfrican-American Studies and Professor ClaudeWelch ofPolitical Science will lead a discussion on Democracy and Human Rights in Africa. Professor Ekeh's paper, "Democratism versus Democracy in Africa" will be on file in the Human Rights Center in 408 O'Brian Hall. Professor Welch recently returned from a session ofthe African Commission on Human Rights inTinisia. This session will be held on Tuesday,April 7,5:00 p.m. in the Faculty Lounge, sth Floor O'Brian Hall. Final AWLS Meeting: Wednesday,April 8,1992, at 3:30 p.m. in the first floor lounge. Discussion will include pro-choice activities, steering committee elections, and other fun stuff. Come have pizza with them at their iaawf!Srii final meeting. Peter Shaw: Peter Shaw ofthe National Association of Scholars will be presenting a talk entitled, "Overthrowing the Canon: The Self-Defeating Revolution in the Humanities, Law and Literature." The talk will take place in the Martin Room in 567 Capen Hall at 4:00 p.m. on April 7. This talk is co-sponsored by the Federalist Society and the Intercollegiate Studies Institute. Law Revue: Showcase your talents! Can you sing, dance, act, do stand-up comedy, play a musical instrument, impersonate a professor, or juggle while in a handstand? Law Revue is that rare opportunity for you to impress your future colleagues with any talent, skill, or lack thereof in a social, non-legal (not to be confused with illegal) atmosphere. Start working on your skits, acts or other performances now!!! Law Revue will be held in lateApril at a place to be later determined sponsored by the SBA. - Lalsa General Meeting: Come meet the candidates for the 1992-1993 Executive Board, onThursday,April 9,1992, in Room 212 at 3:30 pm until 5:00 pm. Law School Commencement: The Law School Commencement will take place on Sunday, May 17,1992 at a time to later be announced. Come out and celebrate with your third year friends. April 7,1992 The Opinion 11 �New York Bar Review Course Summer 1991 Enrollments Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course ■ I %£• >-v. ■ | �Campus Notes Marc Hirschfield, Jim Maisano and Darryl MacPherson were seen picketing the NigaraFall s Aquarium for its believed violation ofthe Fifth Amendment "takings clause." Public attitude was one of disbelief as the Students for Constitutional Concerns Committee for Getting Jim and Marc Their Two Dollars Back From SASU marched in a tightly knit group without breaking rank. Violence was averted only after the director ofthe aquarium informed the demonstrators that Shamu, not SASU, was headquartered at the aquarium. "I personally feel vindicated by our actions. Ifnothing else, that whale knows we mean business," said Mr. Hirschfield as the committee adjourned for the day. "Marc, you're an asshole," said Scot Fisher as he passed by on his way into the Aquarium. The mysterious disappearance of John Chiappanelli was solved last week when Mr. Chiappanelli arrived on campus with a full beard and tattered clothing. Mr. Chiappanelli was first noticed to be missing after he missed thethird ' 'Free Pizza lunch sponsored by one of the parasitic money grubbing bar review courses. Mr. Chiappanelli had been forced to park at the John Bean Center due to the overcrowded conditions. Mr. Chiappanelli was caught one the several blinding snowstorms of that have blasted the area with frequency of a plaintiff insurance lawyer's notice of claim. Forced to live on his meager rations, Mr. Chiappanelli is said to be in good health, for a law student. beSfTcotrhilegdMurder UB Professor ofLaw, ora subject with some limited resemblance to Law, John Henry Schlegel has justbeen indicted for the murder of the first year law student tandem of TortS. and Contracts. Schlegel has always been the source ofinformation regarding the disappearance of Contract S. from his lectures, stating on numerous occasions that "Contract S. is dead." Exactly where he had obtained such privileged information has long been a source of conjecture and debate, but it appears thatthe basis for those statements was hispersonal involvement in the disappearance. The tip which pointed police to Schlegel's connection with the Contract S. and Tort S. murders was the rumor regarding the future death of Corporation S. This rumor was heard throughout the hallowed halls of O'Brian Hall only days after John Henry Schlegel began to show an actual interest inCorporations. After making detailed inquiries into Schlegel's credentials and past misdeeds, chief investigator J. M. Blumsteractually discovered the skel- Kahuna for finally finding the individual behind these grisly acts.'' With Schlegel behind bars, the first year students at UB Law School should be able to sleep a little easier and not have to worry about watching their backs quite as much. Of course this cannot be said of Schlegel, who watching his back even more etons I°"t1 Schlegel's closet. Blumster was closely once confined within the state quotedas saying,''I justthank the Big correctional facility. ffifiOliffihf BillboredTopTen Songs of the Week The following is a list ofthe top ten songs as determined by Chico Suave, in collaboration with Billbored Magazine. Any similaritiesbetween these living organisms and any othercharacters, real or fictitious, are purely coincidental. 10. Higgins Trio: "How Sweet it is to beLoved Pope Visits Buffalo Buffalo's Roman Catholic population braved the chilly April weather in huge numbersthispast weekend to welcome Pope JohnPaul II to theQueen City. ThePope arrived at the airport on Sunday morning and held a mass immediately upon disembarking fromAir-Vatican I, kissing the ground and thanking numerous deities for not losing his luggage. ThePope thentookhisentire entourage, including several UBLawprofessors seeking guidance in their quest for tenure, to lunch at the newly opened Student Activities Centerdining facility on theNorth Campus ofSUNY-Buffalo. His Holiness also took thetime to climb to thetop ofCity Hall and to bless the entire city and population ofBuffalo. His blessing wasparticularly focused on the murder sprees thathave become a dairyevent in this city. Pope John Paul II spent the entire daywandering aimlessly around Buffalo, trying to find something to do, making numerous stops at area hospitals and fast-food establishments. by You" 9. Disco Dave Motown Filvy: "I Can't Go For That" 8. Sonic Schlegel: "Another Day in Paradise" 7. Kenny J. &theIRS: "Let's TalkaboutTax" 6. Booming Blumster:' 'An Innocent Man 5. Tirpak Sisters: "Ebony and Ivory" 4. Isabelle & the Irates: " All Woman" 3. Fab 5 Freeman & the Funky Bunch: " You Can Call Me Al" 2. Nocturnal Nil & theForest Preserve: "Light my Fire" 1. CrisCross Carr & the Cops: "I Shot the Sheriff" �BAR/BRIE STUDENTS PASSTHE BAR SITTING ONTHEIR STOOLS WATCH FORTHE FOLLOWING LI YE ARTHUR MILLER VIDEOTAPES: 4/92 SALESWITH WILLY LOMAN - 5/92 "DEATH OFA CONTRACT (STARRING JOHN HENRY SCHLEGEL)" 6/92 THEVERDICT: HOWTOWIN A PERSONAL INJURY LAW SUITWITH JOEL HYATT AND JEFFREY FREEDMAN 7/92 MAKING IT ONTHE COUCH IN A LAW FIRM AND NOT GETTING CAUGHT: REMEDIAL MPRE PREPWORKWITH ARNIE BECKER 8/92 PERRY MASON ON EVIDENCE ANDTHE SURPRISE WITNESS FREE BEERATALL LECTURES (WHATTHE HELL, YOU HAVEN'T GOTA SNOWBALL'S CHANCE IN HELLANYWAYH) ALL LECTURES GIVEN AT JOE'STAP ROOM AND TATTOO EMPORIUM. (MENTIONTHISADAND RECEIVE A FREE DESERT STORMTATTOO!) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-04-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 15 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/7/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 15 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/218626eedd370d55ef1746660d0ff240.pdf ea0a3267881969b01fdd4247cdda72f3 PDF Text Text THE ONION Volume 32, No. 15 April 7,1992 "All the News that Fits in Print!" Professor Blum Named to Succeed Dean Filvaroff by Schleegel Beagle OnThursday, April 2,1992 SUNY at Buffalo School ofLawnamed Professor Jeffrey Blum as the man to replace Dean David B. Filvaroff at the helm ofthelaw school. Dean Fil varo ff sresignation goes intoeffect on July 1,1991.SUNY-Central announced thenewsat acombinationpress conference-depositionof several members oftheSUNY community. '' Prolessor Blum has exhibited a genuine interest in the inner workings ofthe law school administration and its practices. By sticking him with the deanship wefeel wecan achieve a number ofobjectives; first, we fill thepost andcomplete discovery motions within the wording ofthe same contract, and second, we settle the case becaue he'll be an indispensible party onboth sides ofthe litigation, ergoand ipso facto - conflict ofinterest, " explained Provost Levy (just visiting). Dean Filvaroff described himself as a happy manwhocan now "pass onthetorchand bury the hatchet at the same time." Professor Blum wasfloored by the announcementand is said to be seeking damages against SUNY Centralforintentionalinflictionofemotional distress. "I've seen somehardball litigation, but this maneuver takes the cake,'' exclaimed Blum. Twomen, one vision for thefuture of U.B.Law. Dean-Elect Blum (left) and LameDuck-Dean Filvaroff. After 3rd Attempt,Angela Gotti Convicted Afteramonth long trial,a juryoftwelve convictedreputedracketeerAngelaGotti. The very visibleinformation peddlerwascharged with the criminal use of university facilities, variouscomputercrimes, fraud, andconspiracy. The jury deliberated for three hours before rendering the verdict. The highly publicized trial was highlighted by Goth's flamboyant style of selfrepresentation. ''She badgered and verbally assaulted prosecution witnesses oncross examination with the ferocity ofa doberman," noted District Attorney Dick Littlehead. "Once she had them, she wouldn't let them go." During the direct testimony, Gotti engaged in strange, ritualistic stretching exercises, and offeredno explanation as to why. Littlehead credits the verdict to the testimony ofaformer Gottiassociate known as The Cannibal, whorevealed many ofthe inner workings ofthe Gotti organization. TheCannibal said on the stand,' 'Angelaknows about everything goingoneverywhere. Andwhatshe doesn'tknow, she can find out. I pity anyone The Federalist Papers who standsinherway." The D. A. attempted to link Gotti to the disappearance oflaw students at the University At Buffalo School of Law, but couldn't makeastrong enough case to support theallegation. Twice before Gotti was tried, but the proceedings were declared mistrials as the jurorsdeclared themselves unable torendera verdict. "Personally, I was afraid ofher, and what she'd do to my family," confessed one former juror. ' 'You never know what she's thinking, it'sweird." Thejury's ability toconvict in thiscase wascredited to the extraordinary security used toprevent Gotti from learningthe jury's identity. A special visor and muzzlewere used to restrain Gottiwhilethe juryentered and exited the courtroom. ' 'Wealso had a special nose filter, I swear she could sniffthem out if she wanted to," Littlehead stated. Whenasked to comment on the verdict, Gotti simplyresponded,' 'I'm putting youall on notice, I' 11be back!'' Goes Left, Readership Goes Up Readership ofthelast issue ofthe Federalist Papers shot up after readers realized that the editors had printed an issue made up exclusively ofliberalresponses to the conservative diatribe which usually appears in the publication. Tired ofrunning rehashes about the liberal-minority conspiracy against Europen Americans, the evils ofaffirnative action, and scientific treatises on the benefits ofeugenics, theeditors decidedinstead to print thebacklog ofresponses they had been saving in a box labeled "intolerable leftist blabber." Several Federalist Society members, uponlearning ofthe exclusively liberal issue, wereecstatic. Afteran entire yearofclamor- ingfor responses to theirarticles, they finally learned that some students in fact didread their scribblings. These writers, who invariably solicited attacks from the left at the end of every one of their articles (so long as the responses were not ad-hominum [warnings against ad-womynum attacks have yet to appear in The Federalist Papers]), could be seen this past week watching other students in the mailroom reading rather than trashing their publication. Onegroupoflawstudents.however, was indignant. The SWATS2G, or Students Worried About Where Their$2 Go, wereheard to complain that no oneever responded to their newsletter in suchafashion. A memberwho NY ELLS TREBZUT ALL!!!! by ElmerFudd, StaffWriter Newlyelected SBA President WiluamF.Trezevant(alias "W.F. Trezevant", ' 'Trez'')refused to commenttoday onallegations madebyGessica"Bubbles"Bouquet that he participated in illicit love trysts prior to and contemporaneous with his bidfor the semi-oval shaped office. "Hemade good on his promise o fa barrister's ball," said Ms. Bouquet. Ms. Bouquet statedthat she wasfirstattracted toTrezevantbyhisenormousposters. She providedphotos andtapedrecordings ofthe student executiveregailing her withtales ofhis "Fed connections and Phi Alpha Delta exploits. The tape contains whatis alleged to beTrezevant's voice statingthe following: WT: "The ÜBMafioso keep bugging meabout this SASU thing. I think its somekind oforientalcuisine.'' GB: "Never mindthat. Didyouget the trapeze?" Michael Radjavitch, who was defeated in the presidential election, berated voters, commenting, "I told them they should've elected me...1 never slept with anyone!" Thisassertionwas immediately challengedby approximately six students whohappenedtobepresentinthehallatthe time it was made. wished to remain anonymous stated that the "SBA gaveusmoney last year sothat wecould publish a newsletter in which we revealed where everybody's $2 arereally going, yet no onereads it. Weare concernedthatthere could be a constitutional issue issue involved here, and whenwe get around to printing that newsletter we weregiven money to print and which wearealways talking somuchabout, you'll see what we mean." Students have had mixed reactions to Blum's new status and some had no desire to hidetheiropinions. "BlumasDean? Wow," said Dean Hanley, clearly expressing what wason every srudent'smind. Professor Blum has already outlined somechanges in theadministrative procedure for granting tenure. "It's a cross between 'Wheel ofFortune' and Russian Roulette, but without the bullet or Vanna White." he explained. "The new process would remove years oftoiling in vainby doomedprofessors and increase revenue at the same time, expecially when a contestant (prospective appointee) decided to buy a tenure review hearing ora favorablerecomendation.'' '' I could work with him,'' gushed exAssistan Dean Schlegel in excited tones. "Dean Blum just the sound gives me goose bumps." AssistantDean Boyercredited superior credentials in Blum as a candidate in a terse pressrelease that siply said,'' Better him than me." Predicting dramatic results in the school's ranking, Audrey Koscielniak commented, "TheGourmanreportpeoplearegoing to have an embolism.'' OPINION BRAIN WAVES STUDIED by Dr. JaneGoodall Through themiraclesofmodern technology, scientists have finally developed a technique to untap theamazing thought processes involved in the birth of an Opinion article. As each new cache ofinformation is being created, small electrodesare planted in the writer's head to tap into the exact mental images as theyare being born. This new technique wastested today on The Opinion's illustrious News Editor, Saultan Baptiste, as he performed the miracle ofthought involved in writinga news article worthyofpublicationin the distinguishedpaper. Here's an excerpt from the seven hour recording ofthatprocess: 8:15 pm-"Hmmnimnimmmmmm.'' 9:15 pm-" 'Leonard Jeffries spoke at UB today.' Thatsentencelookso.k. But.wait aminute..." 10:15pm-"Change' Leonard Jeffries spokeatUß today' to "Today at ÜB, Leonard Jeffries spoke.'" 11:15pm-"LeonardJeffriesspokeeloquentlyatUBtoday." Yeah,that'sriveting!" Theonly drawback to this technique is thatthe scientists do not have the funding to supply the voluminousamountsof tape needed fortherecording machine. Highlights Meaning of Life...3 Special Fiction Section: Great Sex Opinion EditorsTellYou H0w!..."5 - Drama in Real Life: Chiappinelli chews off leg to save life in Beane center Parking L0t...4 �Kinda Like an Anthropology Study or Book Preview,Who Knows Tales from the Trenches by known as the Man in Black, into the Dudley Stephens An excerpt from the soon to be published book on warrior tribes I've been covering wars for the past forty years. I've seen bloody skirmishes involving territory, religion, and the price of dog food. But never in my life have I seen or experienced the savagery of the human spirit so greatly displayed as I have withthe tribeknown as the Essbeeay. They are composed offierce, butrelatively intelligent individuals who do nothing all day but find ways to attack each other. While I was in their midst, they were very kind to me. However, I always watched my back. I could sense thatunderneath the surface, they were waiting for an excuse to take me down. My first night in the camp, I could hear them arguing in the distance. Rahburts Rools, the tribe's god, was invoked many times. Then the spears started to fly. The Fisherman struck the first blow, plowing the tribe's shaman, local drinking hut. The Fisherman's close associate, Not-the-Fisherman, entered into a fierce psychological battle with Eddward thetribe eugenicist. In a surprise move, however, Not-the-Fisherman physically went after Fed-Ed, thetribe's strange basketball coach (Yes, they have a basketball team, go figure.) In the distance, Hershburger plotted against many of those in the Essbeeay, after others within the fribe formed an alliance with another tribe, the Sasoo. Hershburger stirred a pot of snake venom and poured it on as many of the Essbeeay as he could find. In response, the Madman, the tribe's chief and high priest, called upon Rahburts Rools and put a long lasting curse upon Hershburger. Outside the village walls, the Bearded One, who voluntarily left the tribe, roamed with Otac, his dog and Joe, his camel. He took me away from the tribe, but I knew I would be back. There was so much more to learn here. Of Lust, Libido, and Lascivious Behavior In our zeal to correctpast wrongs we have transformedPC from Politically Correct intoPrurient Constraint. This became abundantly clear, when thepresent lame-duck-Editor-in-Chief John "Don'tTouch" Licata exploded in a tirade ofpuritanism after our very own Sultan "Don't mention My Harem" Baptist disappeared for the twenty-seventh time allegedlyto work on his news article. The article in question ended up as twelve column inches, with Mr. Baptist asserting in his defense,' 'Twelve inches is a perfect length." However, Mr. Baptist's defense received a much needed boost when at the very moment ofconviction by the judge, jury and high lord exectioner, John "Don't Touch" Licata was confronted by a Vito-tape of our John on the boat "Monkey Business" with "Angela Gotta Have John" sitting on his lap. A second Vito-tape exonerated Mr. Baptist as having been at church carefully editing the first five books ofthe Bible. At the same time, Andrea '' Single-n-Available'' Sammarco was busy learning to squeeze and massage from The Roman who was quoted, "It's an old family secret. .and I don't want to be here all night. Man I gotta sleep." The deviant sexual behavior of Onion staff members has not left Darryl "Darkman" McFierceson unscathed. In his recent article "No Man's Opinion," Darryl expressed his sexual frustrations as a black man in black clothes. Darryl stated "handling briefs in the dark can be lonely." Agreeing with Darryl' s proclivity,Bill "Play with myPez" Trezevant, said "the tricky part to this thing is gettingthehead to eject its contents.'' . GIVE UP Opinion People Creating another Masterpiece HOW MUCH 15 TW PO&E 01 THE WINDOW? WHEN SCOTT SAW ONE had AMD m, J JE* &m!Mp?) C^K^ml wrlE f-I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1992-04-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 32 No. 15 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/7/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 15 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6e456a1df4d038330e0a4f03fa0a6cb1.pdf fe25f6faa97029f6d62bda83039b40b9 PDF Text Text THE OPINION Volume 32, No. 14 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 24,1992 Exclusive Interview with Senator Eugene McCarthy by W.F. Trezevant, Staff Writer Contrary topopular beliefthereare more thantwocandidates campaigning forthe Democratic nomination and the honor oftackling George Bush in this year's Presidential electioninNovember. In feet, the manwhoknocked thenPresident Johnson out ofthe 1968 Presidentialelection is at it again. Former Senator Eugene McCarthy, in an interview Saturday, March2l .afterthe WesternNew York DemocraticPresidentialForum, commented thathis mission is to "raise the [real] issues.'' Continuing, hecharged," [tjheothercandidates' positionsare not very substantial. TheyfAgran, Brown, andClinton] are misleading theAmericanpeople bydiscussing savings [through cuttingthe defensebudget] which can'tbe done. The other candidates are only addressing a small piece ofthe problem.'' Senator McCarthy, at 75, iscampaigning strongly againstwhathe seesas the, "loss ofcontrol [by America] ofourforeignpolicy, domestic economy, financial system and our border." Echoingathemeheusedearlierinthe Presidential Forum, SenatorMcCarthy stated, '' Ournation hasmoved from sovereigntyand independence to neo-colonialism." Incorporating his historic 1968campaign against sitting President Johnson, he commented, "the point isthat we have toremember that wecan challenge a sitting President... and change our society." Citing the changing times we live in, Senator McCarthyrepeated that Clinton and Brown arerunning aone-sided campaign, focusing onlyonthe domesticissues. Heconuhued, charging that Clintonand Brown are ignoring foreign policy because they lack experience. 'TannouncedlastOctoberbecauselsaw a need to meet the best opening in foreign policy... and the present field ofDemocratic candidates lacked foreign policy experience. I gave essentially the same speech as Richard Nixon [had given two weeks ago], two years ago, sendingacopy to theNew YorkTimes.'' Senator McCarthy then went on to address a widerange ofissues. On the subject of taxes: "... I have a modest proposal ofa 10% levy on those who control 70% to 80% ofour nation's wealth. We should do this until the National Debt is paid off, which is about $4 trillion. Otherwise, weeachowes4o,oooplus an additional $2000 each yearfor interest.'' "... We should have a force out' of capital gains. We tax people on the capital gainswhen they are dead,so whynot whenthey are alive." "...Weshould returntoaprogressivetax code. Ourtaxcodebeforeßeaganwasprogressive. Under Reagan, the whole thing was destroyed..." Responding to the argumentthat aprogressive taxcodeactsasa disincentive to work, Senator McCarthy quipped," [that is] not so, but wetax them untilthey havenothing and have to work." On the subject ofthe economy and im- grow." President Greiner praisedDean Filvaroff for the talent he brought tohis post,' 'Anyone in alaw schooldeanship mv st confrontand deal gracefully with difficult issues. Sincecoming to ÜB, David has ridden out a few storms and pulled offsome important coups. He's done JessupTeam Makes Semi-Finals by Natalie Lesh, Business Manager For the first time in the history ofUB Law School, the Jessup International Moot Court team has been invited to the Jessup World Cup Competition. The UB Regional Jessup team, which consistsofPeter Grubea, DanDeßosso.TomCannavo.andHankNowak, toWashington, D.C. thisweekend "Our economy is fundamentally mis- will travel in order to compete in the nine-day event. aligned. We'vemovedfromamanufacturing More thanfifty countries from around basedeconomy toapaper based economy." the world will participate next week in the ' ports: 'The countries we defend should pay thedefense costs. Weshouldputadury onthe imports, just enough to make it fair for our companies...keeping manufacturing jobshere. Youknowprotectionismisnothingnew. The Warof 1812wasaprotectionistwar. Thomas Jefferson was a protectionist. In fact, he encouraged people tobuy Americaneventhough it cost more because it's worth it to keep jobs Dean Filvaroff Resigns byJohnß.Licata, Editor-in-Chief Effective July 1,1992,Dean B. David Filvaroff will step down from the helmat UB Law and assume the duties of a full-time professoroflaw. Dean Filvaroffannouncedhis plans toresign in aletter to President Greiner datedFebruary2B,l992. Provost Levy (acting) has set no definitiveplans for a Dean Search Committee but he hopes to "have it more inclusive than exclusive" when it comes to student input. Dean Filvaroff acknowledged having ' 'mixedemotions'' aboutresigning hisadministrative post but cited the many strengths of the schooland had confidence thatfutureproblems would be solvedwiselyby the incoming administrator. ' 'My successor will beable to buildupon the many important strengthsofthe school: asuperb faculty, wellrecognized and widely respected for its scholarship and the quality ofits teaching; an excellent and diverse student body composed ofvery bright, able menand women committedto theeducational process and to the highest ideals ofthe profession; a talented and efficientadministrative and support staffwhose contributions have been and are key to the school's successes; and, significantly, a strong and active alumni association and loyal general alumni, whose firmsupport ofthe school continues to at home. Additionally, supportingAmerican said] you deal withfamily, values,and educagoodssupporthumanrights. Thereasonwe've tion, enhancing the social structure of our witnessed the internationalization oflabor is society, but thereare really no solutions. Anbecause the health, safety, and environmental other way to attack theproblemis byproviding standards ofothercountries arenon-existent or employment for Americans. We could, for minimal at best. We've let the needs of example,reduce theworkday from eight to six capitalism become tantamount to demands of hours leaving more time for family and children." gods." On the subject ofthe election process ' 'The othercandidates economic programsare good,but they wereappropriate for and the othercandidates: oureconomy in 1976. Things are much more ' 'Tsongas isjust avictim ofthe money complexnow. The otherguys are misleading it takes torun for office. The process in 1968 the American people by promising thingsthat wasdifferent. Now it'snot so good." can't bedone. Their plans have norelevance ' 'The problem withpolitics is not corto issues like the balance oftrade. ruption, but today's stupidity. Politics should Onthe subject ofcrimeand drugs: bewide-open withnolimits oncontributions in '' Yes, [like the other candidates have ...McCarthy continued onpg 9 International Semi-Final Rounds ofthe Jessup WorldCup Competition, thelargest and most prestigiousmootcourtcompetitionintheworld. Some of the countries represented include England, France, Germany, Singapore, Austraiha, Zimbabwe, Saudi Arabia, The Netherlands, Pakistan, Nigeria,India, Japan, China, Bangladesh, Botswana, Egypt, Israel, Malasia,Morocco,Turkey,andUganda. The UB team, along with fifteen other teams from variousregions, will be jointly representing the United States. Theroad to Washington is a long oneand few teams survive. At ÜB, more than forty people competed for the four spots on the Regional Jessup team. Once chosen, Grubea, Deßosso, Cannavo, and Nowak, travelled to Akron, Ohio where theyrepresented the Uni- versityofßuffalo in theNorthern Mid-Western Regional Competition. Duringthis three-day competition, UB argued against four ofthe twelveteamsfromtheirregion. Attheconclusion ofthe competition, theUB team's scores werethe best in theregion, qualifying themto advancetotheWorldCup. Meanwhile,more than 175 other teams were competing in other regions throughout the United States- only fifteen would advance to the World Cup with the UB team. At die JessupWorld CupCompelition, the teams willargue in front ofjudges fromall over the world. Theforum is the International Court of Justice (ICJ). For US teams, this meansthattheadversarial system which they are used to willhave to beforgotten. Instead, theirmethodand style willhave to conform to the inquisatorial system of the ICJ, which requires morethoughtfulanalysis and sophisticated argumentation than the US system. Last year, Austrialia beat Singapore in the finals. The UB team willbe able to compete in the world-widecompetition thanks to financing from theLaw School as well as fromagrant from theFord Foundation which was procured by international law ProfessorVirginia Leary. SBA Candidates Address Issues exceptional work.'' Before coming to UB Dean Filvaroff was a professor of law at the University of Texas at Austin. He has served as senior advisor to the U.S. delegation to the Conference on Security and Cooperation in Europe (CSCE) and laterservedasco-chiefoftheU.S. delegationto afollow-up meeting oftheCSCE, the 35-nationconference establishedto assess progress underthe 1975 Helsinki Accord. He served in the 1960sas a law clerk to U.S. Supreme Court Justices Felix Frankfurter and ArthurGoldberg, as generalcounsel to the President'scouncilonEqual Opportunity and as a special assistant to the U.S. attorney general. A graduate ofthe University ofWisconsin, Filvaroffgraduated magna cum laudc from the Harvard lawSchool in 1958. by SaultanH. Baptiste,; NewsEditor Campaign '92 has come to UB law, but Clintonand Buchanan won'tbe in attendance. Yesterday, the Student Bar Association (SBA sponsoreditsown' 'Meet The Candidates'' forum for studentsseeking to enter the arena ofUB politics. Although theattendancereached only a maximum of 30 students, the 2 1/2 hour debate was full ofprobing issuesregardingthefutureofUB Law School. Michael Radjavitch lead off the candidates for SBAPresident witha series ofsuggestions to deal withproblems at ÜB. AsacurrentmemberofSßA'sßudgetCommittee, Radjavitch said he plans to cut club budgets because "the money simply isn't there.'' He did, however, suggest that SBA enlarge their unallocated reserve budget so thatSBA canrespond to special event needs o 1 student organizations. Radjavitch vehementlyexpressed the need for a national search for a new dean,as opposed to thecurrentplanunder consideration tohavearegionalsearch. HesaidthenewDean will be important because he willcarry UB into the 21 st century. Radjavitch also expressed concern over the proposed reduction in the entering class which wouldresult intheelimination of a complete first year section of ..Candidates, continued onpage 3 Highlights Kenyatta Memorial Candidate Statements SBA: Up Close & Personal From The Cheap Seats The Docket 3 6 & 7 8 9 II , �BKSH DO YOURSELF JUSTICE Study with Pieper...and 1 Iw J V*y pf, 1 ' i'W"'i..n. i.. j _— "S.J pass. r"~— V-—. PIEPER NEW YORK-MULTISTATE BAR REVIEW LTD. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 EPER REPS. : Trini Ross, Sabby Charles Santarpia & Kirn Smith Edward Miller c IS �..Candidates ,contimiedfrontpage 1 approximately 90 students. The proposal is tioned that the law school docs not provide expected to be institutedasearly as Fall, 1993. law students withan advisor as at other law He said "that downsizing the university is a schools. He also said that he heard,'' second bad move," and he is concerned about the hand, that theselectionofan interim dean has impact of"class reduction will have on probeen taken out of the hands of the entire grams such as Legal Methods. faculty and is now in the hands of a small William Trezevant began by introcommittee headed by Professor John Schlegel ducinghimselfas "the guy withall the signs." and hisclosest associates.'' Radjavitch says Trezevant said his campaign represents the that one ofthe problems at UB is thatthese seriousness with which he takes the issues UB typesof' 'cliques'' controlwhat actually goes has to face. In addition to mentioning the onatUß. importance ofselecting an interimandpermaTrezevantagreed that cohesiveness nentdean, Trezevant citedtheMarch23,l992 isa problem, however he sawan answer with issue of U.S. News & World Report which the current Research & Writing Program. reflected adowngradingofUßLaw'snational Trezevant proposed that the faculty in the ranking. The news magazine, whichranked current program serveas advisors where stu175accredited law schools,ranked UB as 73/ dentscan get academic and career guidance 175 in it' sreputation as ranked by academics, andrecommendations, ifnecessary. Healso but 138/175 in itsreputation ranked by lawyers expressedthe importance ofhav ing anongoandjudges ing relationship with the faculty. Trezevant also attacked the' 'RainWhen asked abouttheSßA'srole in bow Party" (consisting ofMichaelRadjavitch, improving ÜB's image on a national level, HankNowak, Kevin Collinsand BridgetCullen) bothcandidates agreedthata greater commitby saying that" they say they have a spectrum ment should be madeto programs which exofissues, but I have not seenthem.'' Healso tend outside the walls ofthe university such accused the "Party" of having a "guerilla, as Jessupand DesmondMoot CourtCompetistealthcampaign and said it was' 'indicative tionsand lawreviews and journals. ofhow they willrun student government Hank Nowak gave ashort statement He differed with Radjavitch on the regarding his desire tobe SBA VicePresident. issue ofthe extent ofthe search foranew Dean. Running unopposed, Nowak did not discuss He said, "I don'tthinkaregional search should any student issues during his initial statebewritten off.'' He felt aregional candidate ment. He said he sees hisrole "to bedefined couldaddress theneeds ofthestudent bodyand by the new president.'' He expressed a willrepresent a commitment to ÜB. ingness to work witheitherpresidential canTrezevant also proposed aCouncil of didate and he hopes to play an active role Presidents "consisting ofthe presidents or duringhis tenure. representatives ofUB law clubs to serve as a Kevin Collins, candidate for SBA clearinghouse ofinformation and promote Treasurer, said he "believes ineffective [stuclub interaction. Trezevant proposed thatthis dent]representation" and sees hislaw school Council should have "some degreeofvoting extracurricular and employmentrelated expower on the SBA.'' Although the othercanperience as skills which willassist him as an didatesagreed withthe conceptofaCouncil of advocate for students. He suggested, thatas Presidents, they expressed problems withal- Treasurer, hewouldestablishan independent iowingthe proposedbody to havevotingprivibudget for guest speakerswhichw< mid be paid leges. to clubs whenthe speaker actually comes to When thefloor opened to questions, ÜB. issues concentrated on faculty cohesiveness Hischallenger, Stephen l.cc,gavea and the future ofUB law. Radjavitch agreed brief statement saying that diversity should that there is no true connection between the be reflected on the SBA executive Commitlaw school faculty and the students. He mentee and he simply provides that alternative. Law School May Reduce FirstYear Class - byJohnß.Licata, Editor-in Chief There is a spectre haunting SUNYBuffalo. The spectre of New York State budgetary problems. In the face ofsevere fiscal shortages, UB is searching formethods tocombat the inevitable money crunch. An alternative that has many law students concerned is one to reduce the size ofUB Law School byone-thirdofthestudentbody. The elements surrounding the decision are stillnebulous at best, leaving many ofthefaculty, staffand students wondering about the seriousness ofthe financial conditionofSUN V Central. The factors that must be accounted for in such a delicate calculuspreclude any changes from occurring before the 1993-94 academic year. ' 'Given the extent ofthe budgetary problems,and the hard timesahead, it would be irresponsible, and an abdication of good management,notto surveyalloptions. That is our challenge, while maintaining the integrityand thequalityoftheprogram," said Dean Filvaroff. An obvious consideration is theimpact upon the Legal Methods Program (LMP) and therole that suchdrastic down sizing will have on the educational experience at the law school. LMP could be reduced to keep pace with the overall student pi ipulationofthelaw school. Thatreduction instudent population could interferewiththeproductivity ofBI SA, LALSA and other studentorganizations. While the downsizing could have a positive effect on education in the area of professor-student ratio, itwould have a considerable economic effect on the campus in the loss ofapproximately $500,000 in revenues. ' 'This isanoutline ofouroptions without makingjudgmentsas to which ones ought tobeadopted. It'saprleminaryassessmentof potential benefitsand costs," explained Dean Filvaroff. Also running unopposed, Bridget Cullen said thatas SBA Secretary, shehoped to "spiceup" theSßAinsuchwaysaspublishing interesting information for students inThe Opinion andreaching out to the community withfundraisers such as car washesand candy sales. Also presented at the forum was a presentation from the two candidates for the Student Representative position on the University Counsel. TheUniversity Council consists of one student and nine Governor-appointedrepresentatives fromtheBuffalo community. Thiscouncil voteson university-wide issues such as building construction, school safety and parking governor. Michael Cross, who wasrepresented by his sister Sandy Cross,is currently agraduate student at UB and has been active in numerous extracurricularand administrative activities at ÜB. He plans to pursue a career inuniversity studies and workfor students ina professional capacity. Candidate JonLoew, a 3rdyear psychology majorat ÜB, called for' 'a shifting of the University's priorities back to the students .'' Loew claimed that studentshave been put at the bottom ofthe totem pole. He cited problems such as classregistrationand administrative mismanagement of24,000 parking permits for only 12,000parking spaces as an example ofthe university' smisallocated priorities. Current SBA President, Brian Madrazo, saidhewaspleasedwith thestudent turn outbutwishedmore had come. Hefound the questions ' 'pointed and showed concern among the student body." Hecommented that although previous SBA Presidents have endorsed candidates, he wants to' 'remain neutral to allow a smooth transition of the new officers.'' Madrazo compelled all law students "tospeak to the candidates, find out the issues, and vote." BLSA Dedicates Memorial to Professor Kenyatta by Saultan H. Baptiste, NewsEditor The distinctive sound ofa string quartet filled thecorridorsofO'BrianHallonMarch 2,1992 as a large crowd of students and faculty gathered around the second floor picture window to commemorate amemorial plaque inhonorofProfessor Muhammad Isaiah Kenyatta. Prof.Kenyattadiedon January 3,1992 due to complications fromhislong struggle with diabetes. Cheryl Gandy, Community Liaison for ÜB's Black Law Students Association (BLSA), began the midday event with a reflection ofthe distinctivelifeofProf. Kenyatta. She explainedthat displayingthe memorialplaque was' 'the best way to honor his memory sothat all students whoenter the halls ofUB willknow of[his] legacy.'' Prof. KenyattacametoUßLawSchoolin 1988as a visiting associateprofessor. While atUB he taughtConstitutional Law, Race, Racism andthe Law, Democratic Theory and Civil Rights Legal History. However, mostofthe students who spoke at the eventremembered him for the lesson oflove he taught in the classroom. Scott Fisher, a second year law student, mentioned thatProf. Kenyatta's class wasa unique experience. Hesaid, "Kenyatta taught thelaw through interaction in the classroom, not just throughlaw books.'' He commented thatit wasaapproachthat should befollowedby otherlaw professors. Second yearlaw student, Joseph Hughes, expressed his feelings that "ProfKenyatta's example ofhonesty, intellectual integrity, humility, passion for learning, and love for others should be envied only to be emulated.'' He added that Prof Kenyatta has "justly earneda place in the heartsof all those he touched. Heis gone,but never, neverwill hebe forgotten." Professor Charles Carr, a colleague and personal friendofProf. Kenyatta, remarked thatthe true measure ofa friendship withKenyatta lay in the life one leads. Prof. Carrsaid,''ifyouremember to be ofservice to those inneed, you willhave done everything he would haveexpected.'' Prof. Kenyatta'swife, MaryKenyatta, was present to express her thanks on behalfofherfamily forthe tribute to herlate husband. Shewashappy that her husband wasable tohave sucha positive impact on the livesof somany. BLSAPresident, Erika Raymond, endedthe event with a ceremonial heros tribute by leading all inattendance inplacing rose petalsaround the memorial. Following the ceremony,a reception washeld in thelaw schoolstudent lounge. Theplaqueiscurrently displayed in theCharles B. Sears law libraryand will bepermanendy exhibited on the2ndFloorofO'Brian Hall. Raymond said that BLSA decided tohonor Prof. Kenyatta because they felt he was a prominent force at UBLaw anddiat this memorial represents the impact he had on UB law students and faculty. She said,''Wewill be leav ing law schooland we wanted to leave somethingforfuture students to ask 'Who was MuhammadKenyatta?' and learn ofthe legacy he has left for all to follow." "This is the best way to honor his memory so that all students who enter the halls of UB will know of [his] legacy." Cheryl Gandy, BLSA Community Liaison To further memorialize the life ofProf. Kenyatta, BLSA, the Student Bar Association, the National Lawyers Guild, and several other organizations, have established a Muhammad I. Kenyatta Memorial Scholarship. To raise funds for the scholarship, theseorganizations are sponsoring aparry at Mulligan's Night Clubon March 26,1992. See rAgOoctotpagelDforadditional information. March 24,1992 The Opinion 3 �tSm ePTNTON March 24,1992 Volume 32, No. 14 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: John B. Licata Andrea Sammarco Natalie A. Lesh Saultan H. Baptiste DarrylMcPherson Layout Editor: Vito A.Roman Michael Radjavitch Photography Editor: StaffWriters: Kevin P. Collins, W.F. Trezevant, SrikantRamaswami Photographers: Paul Roalsvig Contributors: Joe Antonecchia, JoiCary, Bill Kennedy, Brian Madrazo, Scott Rudnick Renee Walner Editorial Theroller coaster that weknow as the 1 99 1-92 academic year has gone into yet another corkscrewturn withtheresignation ofDean David Filvaroff. Philosophers have long said that adveristy builds character and tests themettle ofindividuals in the moment of crisis. Students at this law school have been building a considerable amount of character within the last few months. The school year started with questions surroundingthe Research and Writing program,rumors about theLegal Methods Program being changed in scope, three law suits involving students or faculty, professorsleaving or "slowing down" and a budgetary freeze preventing the administration from filling the lines left open by faculty that have left for various reasons. Euphemistically, UBLaw School stands at a proverbial crossroads in its heretofore academic alternative existence. To quote Lewis Carroll's Walrus,"Thetimehascometotalkofotherthings." ÜBLaw has long enjoyed a reputation among academics as a center for liberal legal educations while being viewed by lawyers and judgesas a school that generates students of policy and not of practice. The UB Law student is eminently qualified to become a bureaucrat straight off the commencement stage. An opportunity to turn the school in a new direction should not be squanderedby citingbudgetary stringenciesand taking the path of quiet desperation. The law school should take this regular phenomenon of choosing a dean to re-affirm its dedication to public interest law and select an individual from the local bar intent on expanding the clinical programs at this school. This should not be misinterpreted as a call for "black letter" law through the exorcisingofnon-traditional legal education. However, the practical effect this will have on the law student's education is immeasurable. It's impact upon legal aid to the poor could be miraculous. THE OPINION MAILBOX SBA Political Accountability To the Editor: be no greater accountability for any elected official than at the ballot box.and itis forthat reason wewritethis letter. OnMarch 18,1992,the Student Bar AssociationBoard ofDirectors voted to stifle student input into whetherthe SBA should continue funding an outsidelobby organization to the tuneofs3oooperyear. A number oftheDirectorswantedto conduct astudentreferendum concurrentlywiththe Executive Board elections to decide whetherthislarge amount ofmoney should be sent to an organization outside the campus or divided among the law school groups. However, the SBA Board ofDirectors narrowly voted against holding the referendum, and consequently to continue the funding ofthis external organization. IftheSßAhad chosen to alio wthe stin lents to decide,and you had decidedto dc fund this external and peripheral organization, then the SBA could havesavedas muchas $6000. Thismoney would have beenused to offsetrisingadministrative costs innext year'sbudget thereby allowing for greater funding ofstudent groups. So, whenyourfavorite lawschool group hastheirbudgetslashed fornextyear (as nearlyall groupswill), think ofthepeople who votedagainst allowing you to decide. Whovoted against the referendum? MikeRadjavitch (candidate for President), Hank Nowak (candidate forVicePresident), and Kevin Collins (candidate for Treasurer) all votedagainsiconducrtng thereferendum along with theExecutive Board elections. On the otherhand, Stephen Lee, a candidate for Treasurer, voted frjr the referendum so thatthestudentscould decide the issue. Likewise,Bridget Cullen, who isrunning for Secretary, supported the ideaofallowing the students to vote onthe issue. Whatdoyou think? SinceMike,Hank, Kevin and otherswould notaUowyou tovote onwhether youwanted to sendthislarge sum ofmoney offcampus,thenperhaps the only way to send the message is to hold your elected officials accountable. Sincerely, Dan Bildner, Brain Carso, Miro Cizin, Paul Dell, Avery Ellis, Dave Geursten, Norbert Higgins, Marc Hirschfield, Jim Maisano, Kellie Muffoletto, Andy O'Brien, SandraWilliams SBA Reps' Position Clarified The purpose ofthis letter is to explain our votes in the latest SASH ordeal at last Wednesday' s SBA meeting. The SCCPA [sic], namely Jim Maisano, Marc Hirschfield, et aL, have indicatedthat we somehow denied the students their right to vote. We feel that the issue was inaccurately stated and misses the relevant points. Two and one-half yearsago the student body voted, by an overwhelmingmajority, to hire the Student Association of State Universities (SASU) to represent usas a lobbying organization in Albany. SASU was brought to UBlaw school by amotion from Messrs. Maisano and Hirschfield. The cost ofsuchservicewas $2 per student per year,for three years. Atthe end ofthis mutual agreement, anotherreferendum willbe heldto determine whether the law school student body will retain SASU's services. This referendum is currently scheduled forNovemberof 1992. Notwithstanding this agreement, the SBA elected to hold another referendum regarding theretention ofSASU's services last spring. Again, the students votedfullyand fairly to keep SASU as our lobbying arm in Albany by another overwhelming majority. Clearly, thestudents have spoken on the issue. There are two reasons why a SASU referendum must be held everyrhreeyears: first, ...Reps Position, continued on page 10 TANKS FOR THE DONUTS Copyright 1992. The Opinion.SBA. Any reproduction ofmaterialshereinis strictly prohihitedwithoiittheexpressconsentoi'the Editors. The Opinionispublished everytwo weeks during theFallandSpring semesters. Itis thestudentnewspaperoftheStateUniversity ofNew York atBuffaloSchool ofLaw. The views expressed in thispaper are notnecessarily thoseof the RditorsorStatTofTheOpinion. TheOpinionisanon-profitorganization, thirdclass postage enteredatßuffalo.NY. Editorialpolicy ofThe Opinionisdeterminedby theEditors. TheOpinion isfunded by theSBA from StudentLaw Fees. The Opinionwelcomes lettersto theeditorbut reserves theright to edit for lengthand libelouscontent. Letters longer thanthree typed doublespaced pages will beedited for length. Please do not put anythingyou wish printed under our office door. Submissions can be sent viaCampus or UnitedStates MailtoTheOpinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 (716)636-2147 or placed in law school mailboxes 443 or 512. Deadlinesfor the semester are theFriday before publication. The ideas expressed in the"Letters to theEditor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. Duty before pleasure. University at Buffalo AIDS Coalition 4 TheOpfnton March 24,1992 %\j u**^ �One Man's OPINION In D ARRYL McPH ERSON Iwas watching thenews last week, and there was areporter asking peoplewhat they thought of the candidates running for the Presidency of the United States. The responses were typicallypredictable, butwhat one person saidinterested me. rmparaphrasing, but what he basically said was that he expected better qualities from our leaders. What caught my attention about the issue is whatitsuggests aboutpeople and the way we chooseour government. Immediately after I heard the statement, I wondered exactly whoare ourleaders and where dothey come from? Leaders, i.e., politicianselected and appointed, are fundamentally no different from you or I. They breathe, eat, sleep, dream, desire, and fail just like the rest of us. Their morality is susceptible to temptation, and their strength is oris not within themselves toresist it. They have allies and they have enemies, and how they handle bothisa question oftheircharacter. Due to the prestige and power associated with political office, it is naturally attractive to those who wishto exercise their influenceoverpeopleandevents. Themechanism is usually legislative or judicial, and serves to explainthe high number oflawyers in politics. At the same time, the process is expensive and draws in thewealthiermembersofsociety. The upperclass, intellectual community has an advantage when it comes to the bare necessities ofpolitics,though that's not to say they have a stranglehold. The "little people" are nottotally disenfranchised from the political scene, though many times it seems like they are. Especially in times when they havebeentroddenuponthe worse, they findthe strength to lash out and make an impact within the system. The key point is that, despite the bias in the system, everybody is entitled to take part. Our leaders are ourselves. We determinewho they are, when they take office, and usually, when they leave it. The various lackings within George Bush, JerryBrown, Pat Buchanan, and Bill Clinton are within everyone. Presidential candidates can't be perfect, nor would Iexpect themto be. Ifthey were perfect, they wouldn't be running for U.S. President- it's a lousy job. Peoplewho supported Clinton previously no longer dosobecause they question Features Editor his character. The media has played a large part in shaping the public's perception of Clinton, andcould conceivably makeorbreak him. By playing on thelittle idiosyncracies ofany person's life, marriages,andrelationships, the microscope ofthe media makes him look less than perfect. It's regrettable because precious little ofthathas anything to do withthe real issues in the campaign. It' seasy to becomefrustrated orangry with the candidates. The seeming weaknesses and petty squabbling are distractions, fascinating enough to generate heat, but give off very little light. The media may be part ofthe problem, but they usually don't acknowledge it. As faras they're concerned, "average people find politics boring, and it's the little scandals that capture their interests. There seems to be an overwhelming ideathat politics is an exclusive area. It's supposedly not foreverybody. Intermsofthe personality required, thatmay be correct,but fundamentally, everyone can, and should, playapart. I wasn't an SBA Director my first year because I didn't want to be a political person. Now as my tenure as a third year director draws to a close, I can see that the personal requirements ofpolitics can exact a heavy toll. Icontinue to berate myselfthat I actually volunteered torun for the bloody office. I give a lot of credit to "real life" politicians. Theytakealotofheat inpursuit ofany particular office. Part ofthe process nowadays seems to demand that potential political participants survivethe gauntlet. Is it a character builder or a lesson for the future? The worse part about it is that it serves to keep people away from public office. Someonewhosmokedmarijuanahasto justifyhis youthfulactions in order to mo ye forward. Problemswithinamarriageoreven health issues can be turned against acandidate, and they must provethey are worthyto lead the country. I acknowledge that we can't justgive the keys to the White House to justanybody, butbecoming President should be an attainable goalfor any American. No matter what theage, race, sex,orcheck bouncingcapacity ofthe candidate, an American should notbe foreclosed from participating in theprocess. If America is truly the land ofthe free, its citizens should be free to make the occasional mistake. Of Life, Law, Voting & Money byAndrew Baltensperger, Guest Writer W.F. Trezevant, Staff Writer We don't vote in our best interests. Examplesrun from the inequality in distribution ofwealth (dealt with later), decay ofthe infrastructure, loss ofhope in theinner cities, destruction of our environment and failing educationalsystem. Ourmisguidedvoteshave been explainedaway by various authorities in the field ofpolitics, yet the problem persists. The solution was never the complex models developed by the "top " people at the ' 'top" schools around thecountry, but simply choice. Givethe usa choice and we will make the best decision. Wewon't choose the bestof the worst, orthe best ofthe rest, but thebest of the best. Our founding fathers realized this when they did not constitutionalize a twoparty system. The Democratic Presidential Forum held overthe weekend is an exampleof this. unless we have alternatives. Mayor Agran argues, quite forcefully, that all legitimate candidates (determined by having collected a certainnumber ofvoter signatures) shouldbe included in all debates. Thiswouldinchidethewomanwhohad to sit in theaudience as aspectator as opposed to the candidate she is. She is the firstAfrican American and first woman to be on the ballot in every state. This required the monumental taskofcollectingwhatadds up to a millionand ahalfsignaturesnation-wide. Her name is Dr. Lenora Fulani and sheis running as an independentwhileconcurrently fighting for theright to beincluded inthe nationally televised debates along with the major party candidates before the general election. She is right both for her sakeand ours. The hands of the current exclusionary two-party systemhavedehvered scandal after scandaland mess aftermess withthe taxpayers Notwithstanding there-annointmentof always footing the bill. Indeed, the $4 trillion Gov. Clinton as the front runner, heand Gov. dollar national debt, which is going nowhere Brown werejoinedon stage by former Senator but up right now, sends the clearest message to Eugene McCarthy andformer Mayoroflrvine date. It 'sourmoney, why can't we decidefrom afull range of people. It's interesting that we CaliforniaLarry Agran. MayorAgran'sposition on choice is inclusive aswe cannot choose have morechoices for breakfast cereals than Combating Racism is Two-Way Street Commentary by JimMaisano In 1896, Justice Harlan's brilliant dissent in Plessy v. Ferguson set fortha powerful message: "Our Constitution is color-blind. and neitherknowsnortolerates classes among citizens. In respect ofcivilrights, all citizens are equalbeforethelaw.'' Onthestepsofthe Lincoln Memorial in 1963, Dr. MartinLuther King dreamed ofasociety where people "will notbe judgedby thecolor oftheir skin,but the content oftheircharacter." Does ournation still embrace this dream? In Plessy. the highest court in our nation declared that segregation wasconstitutional. We mustbeashamedby this holding as weareby Dred Scott, where slavery was held constitutional. Yet, in Brown v. Board of Education in 1954,the SupremeCourtfinally installed JusticeHarlan' s dissentas thelaw of theland: "In the field ofpublic education the doctrine of' separate but equal' has no place. Separate educational facilities are inherently unequal.. .by thereason ofthesegregation complained of, deprived (the plaintiffs) of the equal protectionofthe laws guaranteedby the Fourteenth Amendment.'' Is the Constitution color-blind and does this country still desire a color-blind Constitution? The answer is no, the Constitution isnolongercolor-blind, but hopefully this principle is still the goal of the American people. Thisnationhasnowprogressedthrough 4 major stages in its treatment of race in constitutional interpretation. In the firststage, slavery wasconstitutionaUy protected, which violated every notion ofmorality,liberty and equality. Abloody warwas foughtand slavery was finally declaredillegal. However, a new evilquickly arrivedon the scene: Segregation. In stage two, segregation allowed laws that provided for separate butequal treatment ofrace. ThankstotheCivilßightsMovement and cases like Brown, we moved into stage three where segregation was abolished and manyAmericans believed thatthe Constitutionwould finally be interpreted color-blind. We are now struggling through stage four, whereracialpreference isagain sanctioned by law, this time favoring minorities. So wewent from white people owning black people, to whitepeoplereceiving racial preference over blackpeople, to a periodwhereall peoplewere toreceive' 'equal protection oflaw,'' to today, where certain ethnic groups receive racial preferenceover others. Is this history consistent, fair and just? These issues wereraised in a recent we doPresidential candidates. It's time we demand to listen to ideas, bold or otherwise, which challenge the currently morally bankrupt condition ofthe nation. Third parties are not communist insurgencies,but rather all that is good and desirable about participatory democracy. Third, Fourth, and Fifth parties need to be given the opportunity to beheard, and wemustreclaim ourright to hearthem. (Representative Penny from Minnesota has introduced a bill which would resolve this issue. The bill is named "Democracy in Presidential Debates") Mandated nationally televised debates, including all legitimate candidates (determined by having collected acertain numberof signatures), would increase our choice and empower the Americanpeople withnew ideas with which to challenge the decline of our country. The taking back ofelections from the wealthy,the dishonest cheap shot artists and the "insiders" whocurrentlyrun ourcountry is the only way to put this government back to workfor the American people. On a related issue, the ever widening gapbetween therich and thepoor isa recipe for disaster. It is yet another indication the morally bankruptand socially oblivious individualswho gave usthe Reagan 80sofgreed.(But Godbless Reagan, sincehe provedwithouta shadow ofdoubtthat trickle down economics is a failure.) Under Reagan/Bush, thefiguresreflect PBS special on the Bill of Rights entitled ''Equality and theI ndividual. "Onehypothetical posed to a blue-ribbon panel ofjudges,law professors and journalistshad two candidates vyingfor a position in a law school class, one fromarich black family with goodgrades, and the other from apoor white family with better grades. The question was whether it was fair to givethe black studentracial preference on admission, based strictly on the color ofhis skin. The panel debated this issue intensely. Yetonemust seriously questionwhythere was even a debate. How can we discriminate againstapoor whiteperson, for themerereason thathe is white? The goal ofany affirmative actionprogram must be to help thosewho have faced amore difficultlife. Poor whitepeople certainly faceall thehorrors ofpoverty. When youare hungry, it doesn'tmatter whatthe color ofyour skin is, you are stillhungry. How does one explain to the white student why he was not admitted? He has committed no crime, why should he be punished? Some on the PBS panel claimed that "whitepeopleowethistoblackpeople." But what ifthis person comes froman Irish,Italian, or Jewish background? Almost all of the immigrantsfrom these ethnic groups came to this country pennilesswithin thelast century. They never owned slaves. As matter offact, these immigrants lived in ghettos, as bad or worse than any that exist today. How can citizens beliable for crimes they never committed? The white student should not be penalized,hehasaright to equalprotectionof thelaw, as does any other American, regardless ofethnic background. He mustbe viewed as an individual in the eyes ofthe law and should not bediscriminatedagainst due to the colorofhis skin. The Equal ProtectionClause ofthe Fourteenth Amendment protects the liberty ofindividuals, not ethnic groups. Others on the PBS panel argued that the black student should be admitted in the interestofdiversity. Yes, all schools should be interested in diversity. However, does this interest in diversity override the right ofthe white student toreceive "equal protection of law?" How could it! Any time discrimination is based on race, it can be nothing else but racism. The only possible way our Constitution canbe fairly interpreted inregards torace would be through theprinciple ofcolor-blindness. Have black Americans been treated worsethan otherethnic groupsin this society? The answer is clearly yes. Have other ethnic ...FightingRacism continued onp. 9 thatdiewealthiest l%gained 102%in aftertax income while the bottom 40% fell 10% in income. The middle 20% fell 5% in income. (Figures takenfromyears 1977-1989)Proving the rich getricher andthe poor getpoorer. Jerry Brown'scontention isthat we're the richest nation in the history ofthe world, and ifwe can't provide alivable family wage for everyone then civilization has failed. We can instantlyremedy this by usingMcCarthy's proposal oftaxing thewealth ofthe superrich. Conservative Republican's charge that progressive taxes, or surtaxes onthe superrich aredisincentivestowork. McCarthyresponded thatthese people should betaxed some more until they have the incentive to work. He is right, because in fact, the wealthiest part ofour population neverworked to earntheirmoney but rather manipulated the election process untilmisguided wanna-berich people gave the governmentstoreto them in theformofcorporate welfare, tax breaks and loopholes. Therefore a tax on them simply takes back what the stolefrom the American people. A onetime tax on wealth (McCarthy) to repay the national debt,a moreprogressive tax code (Clinton) in conjunction with no more loopholes (Brown) will put us on the road to achieving a just, equitable and flourishing society. Wewon'thavetrue freedom, from crime, disease etc., untilwe have economic justice. March 24,1992 ■■- > .■•••> a j%t» ,. The Opinion ■• ■••.■ ■> ■ 5 �Student BarAssociation Candidate Statements President Michael Radjavitch Hello, my name is Michael Radjavitch and I hope to be the Student Bar Association Presidentfortheupcomingyear. I'mcurrently a second-year law studentand have been an active SBA Class Director for the past academic year. This has placed me in a position to promote the social, as well as administrative, responsibilities ofthe SBA. I took these responsibilities seriously and will take the addedresponsibilitiesofbeing SBA President even more seriously. I am currentlya member oftheBudget Hearing Committee, which enables me to take an activepart in preparing the proposed SBA budget for next year. This committee wdl consider how much is tobeallocated forvarious administrative costs, and will determine howmuchmoney will beavailable forexisting student groups and howmuch money will be held in unallocated reserve for potential new groups or specific projects, asrequired. I am also amember ofthe Constitution and By-Laws Committee which revised the SBA Constitution thispastyear. Ihopetohelp revise the SBABy-Lawsoverthenextyear. As amemberofthe Gradesand Registration Committee, I have approached the administration aboutthegrading system, thepostingofgrades, the registration procedures, and professor evaluation forms. It is obvious to this candidate that the SBAPresident should tryto improve eachand every facet ofthis lawschooland to ensure that actions taken result in a better school, in both the short and the long runs. This has to begin immediately by taking an active part in the search for a new Dean, an issue of utmost importance to the future ofthis law school. This entails ensuring that student concerns withregard to whether the search should be conducted nationallyorlocally are effectively communicated, and ensuring that there is an open exchange ofinformation withthe faculty including a sufficient chance for feedback. Another immediateconcern is the possiblereduction ofthe incoming class to only two sections. There is already a diversity problem at this law school, and reducing the incoming class by a full third can onlyhave a negative effect on an already" problematic situation. Perhaps such a drastic cut will ultimately be necessary due to this school's budgetary problems, but this route should be considered as a last resort, and only afterall otheravenues havebeen thoroughlyexplored. Improving alumnirelations is extremely important to the future ofthislaw school,and I intend to work withthis goal in mind. Currently, the law school receives relatively little financial support from its graduates. Their support hasincreased recently, butnot nearly enough. Oneproblem that I have seen is that students leave this school feeling extremely bitter about one thing or another and subsequently want nothing to dowithit. We should leave this school with a sense ofprideand a feeling ofloss. Establishing a better rapport between the studentsand faculty in this direca ..JVes. continued nextpage, column 4 6 The Opinion William F.Trezevant Vice-President Hank Nowak Secretary Bridget Cullen My name is Bridget Cullen -1 amnmning Because Ihavethefortunate opportunity torun unopposed, I am able to usethis space to forthe Office ofSBA Secretary, and am curreflect upon some of my general beliefs and rently servingas a firstyearrepresentative on principles rather than to exaggerate a few the SBABoard. In representing you this year, I have seen the way that the current board accomplishments. ''Leadership " is a very ironicconcept. operates and I know whatchanges need to be Everyone expects to have it jump outat them, made to insure a more successful operation like dramatic eloquence from a greatorator's nextyear. Asmany ofyou whoare involved in the lips. However,itisnogreat"leapoflogic" (to various student clubs are aware, the SBA has to quote arather eloquent first-year) realize received a huge budget cutback. In order to that if aleader is constantly spewing forth offset this fiscal crisis, I plan to implement or excessive verbiage, he sheis not listening to scalefundraising, headed by the SBA,to large anything that you may think or feel. That benefitall ofourorganizations. Without some ' 'leader onlyleads himself orherself, cannot type of we face fundraising, a very dismal lead you,and therefore is not a leader at all. year. financial Thisfundraising would not be A leader, especially a representative, a substitute for the that fundraising projects has aduty to understand all this issues at hand. undertake, individual but would serve groups Thus, the personality ofyourleader is more as a supplement. There are many capital than relevant, it is everything. that we in the law school have left resources Some feel that leading quietly is one thecommunity. There are untapped—namely, effective way to lead. I feel that is the only somany and T-shirtsyou can sell only bagels effective way to lead. A leader selectshis or have before exhausted the you completely her words with great care; he or she never your bank accounts of fellow students. We argues, for an argument can never bewon. If in need from outside O'Brian money coming you lose you lose and ifyouwinyou always Hall to like car operate. activities Simple losetheother person' s good faith. The onlyway of washes and sales canraise hundreds candy to win others to yourway ofthinking is to make ittakes is a dollars ofcommunity all money them think that your ideawas theirs. A leader will not only let them brag about it, but will little initiative and hard work. I believe that students need to be better praise them loudly and publicly for being so informedofwhatis going on withinthe SBA. insightful. A leader will always hold his or her We do have a column in The Opinion, but not enough. SBA meetings tongue; when the leader speaks, his or her apparently this is are the studentattendance students,but to open comments are clear,brief, tothe point,and only It rate isabominable. hasbeen suggested this after listening to everyone else's points of newsletter, that the SBA a and I year print complete. view. This is not only to be respectful and a believe that this could be useful tool in We mustrealize that weco ntrolour own polite, but so that every statementhas substankeeping body informed, the student and could future. We can, regardless of ideological tialthought and consideration behind it. student apathy. positions, change the school forthe better. All lam not a great leader-1 onlyaspire to perhaps even help combat to make the SBA colI will Additionally, try we need isthe willingness to honestly debate be one. Most ofthese ideasare my father's or the issues and concerns that occupy our Dale Carnegie's. However, think carefully umn in The Opinion a little more spicy and about who you want your leaders to be. More interesting so that people will actually look thoughts. forward toreading it! Most importantly though, we need a importandy, bealeader yourself. I am openminded, and I see the SBA as president who is willing to identify,raise and By the way, ifyou do plan to enter the more than an organization that collects mandealwith these issues in a proactive and not a arena, neverletpolitical grudges get intheway As your Secretary, I will studentfees. datory reactive manner. We need a president who is offriendships or the people you care about. work future withyoutowardsamoresuccessful willing to take chances, present ideas and They are far more important. law school. forthe remain open to criticism. We need a president withthe diligence,perserverance and follow through torun an effective organization. I have done so in the past as evidenced by my term as Justice of Phi Alpha Delta during which we produced theLaw School StudentDirectory andrevived this studentgroup, and I am committed to do soagain forthe S. B. A.. I want us to createand withyourhelp at the election box, and duringthe courseofnext year, I amconfident wecancreatean exciting tradition which is inclusive, dynamicand proud. Trezfor Prez: We can win together. Issues have drivenmy campaign, and issues should drive the outcome ofthis election. My ideas formodifying the S.B.A. have been placed before the student body, and the debate over the relative merits has already begun. My mission has been from the start to show by example that wecan begin the difficultprocess ofrealisticallylooking at ourlaw school simply by deciding to do so. I am heartened by the fact that in response to my proactive stance, fellow studentshave consistentlybeen coming forward to add to the collection ofproposals onthe many issues facing My proposals serveas a guidefor thefuture direction ofthe role ofthe SBA. in our law school. In my platform I called for the use of fund-raisers by the SBA.asatooltoaugment our decreasing funds. I also called for the formation of a Council ofPresidents to act as both aclearing houseof information, and coordinatorofstudentactivities sothatall student groupscan make the best use oftheir limited time and money. I also called for therequirement that faculty members whopresentlyteach thefirst yearresearch and writing courses also serve as faculty advisors for those students. Likewise, after speaking to a number ofstudents, I am calhng for the creation ofatutorial program to be open to allfirst yearstudentswho desirehelp. Thisprogram would beadministeredby students, for thebenefit ofthestudents. These are some of the ideas that should be considered, debatedandimplemented by next year's 5.8.A.. But by no means is this list us. March 24,1992 - Second year class director elections to be April 3rd Budget Hearings held this week. Get your petitions from SBA office room 101 O'Brian Hall. �Treasurer Stephen Lee "Treasurer: an officer entrusted with thereceipt, care, and disbursementoffunds: as a governmental officer charged withreceiving,keeping, and disbursingpublic revenues." (Webster's Ninth New Collegiate Dictionary) Thatisthedefinitionofatreasurer. But what other qualities should a treasurer possess? According to the definition, the only quauficationapersonneedstobeatreasureris basically theability to keep the books in order (e.g. keep receipts and balance the accounts). Thisis nota difficultposition by farand I think both my running mate and I are qualified to fulfill the basic duties ofthe office of the treasurer. The definitionis butaskeleton with substance needed to fill out the frame. The substance hasno name but is a combination of distinct qualities. Qualities such as honesty, accuracy, accessibility, and finally and most importantly the ability to interact with a diverse student population. Qualities which I possess and are importantforalloftheExecutiveBoard positions. I have held other student government positionsduringmy undergraduate years,such as dorm representative, chairman of various committees, Student Association of State Universities(SASLJ)representative,andpresentlyas a 1 st YearClass Director. My participation in these orgnaizations has helped me acquire the qualities which I have stated are important for all the Executive Board positions. The one and onlygoaloftheSBAandits executive board should be the concerns and problemsofthethelawschoolbody. Asalaw student youarepart ofthe SBA and Ireally wish morestudentswould voicetheiropinions, problems, grievances, and any other issueswhicha studentfeels to be important. That is what the SBA andtheExecutive Board are there for; to investigate and alleviate the concerns ofthe student body. It is essential that there is a constant and open communication between the SBA and the student body. Without the students the SBA isnothing. Therearemanypressing issues concerning thelaw school, wherethe SBA can and will effectchanges and outcomes. I guess themost prominent is theresignation ofDeanFilvaroff. The students should definitely have a say in who will bechosen to be the next Dean. Since the new Dean willdirectthe schoolaccording to what he/she believes the school would be benefitted from, studentsshouldhave a voice in who the Dean should be. The other is the budget cuts in general and more specifically theRecreation and Intramural fee, which will substantiallydeplete the SBA budget. Butthe SBA cannot do italone. We need the student bodyto get involved! In closing, I wouldjustlike toreiterate that the SBA is not the most important body of the school; itis the students and we need your inputto make things better. I hope all the students will go out and voteonMarch2s&26andl wishthebestofluck to all the candidates running. Make achoice, it'syourright. GIVE BLOOD Kevin P. Collins My name isKevin P. Collins and I am running forthe office ofSBA Treasurer. First ofall, let me tell you about myself. Quite simply, I have a sincere, genuine interest in the interactions between the students, the school, and itsadministration. I,like any other student (and correctly so), wantto get my full money' s worth out ofbothmytuitionand student activitiesfee. I shallwork to the best ofmy abilities to ensure that we, as students, do getourjustand fairvalue for ourmoney. I went to John Jay College ofCriminal Justice,City University ofNew York(CUNY). I attended college full-timeand workedfulltime(overfortyhoursperweek). Whilethisdid not afford me the time to joinextracirricular activities (in fact, it gaveme very little or no free time), it didput me "in touch withthe special interestsandconcerns ofworking students,part-time students,and those students, like myself, who took courses in the evening. They (we) pay the same tuitionand fees and, accordingly, are entitled to the samebenefits. I, again, shall work to thebest ofmy ability to see that this is so. A work-related experience gives me the impetustobeinvolvedintheSßA.Iworkedas a doorman during my college years to pay my tuition and to support myself. Here, I was elected by my co-workers to be their Shop Steward, the representative forthem to Local 328-32J,the ServiceEmployees International Union, AFL-CIO and the management. A numberofissues arose inwhich I had to representone, ifnot all, oftheemployees to manage- John Pappalardo fields a question duringthecompetition. Mugel Competition The 19thAnnual Albert R. MugelMootCourtTax competition waswonby St. John'slaw SchoolwhiletheUniversity ofDaytonwasrunner-up. The competitionwasheld during theweek ofMarch 1, culminatingwiththefinal round on March 7in theMoot Courtroomin O'Brian Hall. Seventeen teams competed in the competition. Representing UB Law wereMike Joynt,Rob Sardegna, Mahindra Maharj and Anthony Fumerelle. During the finalround ofthe competition the panel ofjudges included Albert R. Mugel, John Steel, Jr., and Sidney Rubin. Winners ofthe competition from UB were John Pappalardo and Brian Murray. They were coached tovictory byDave Strabo. I sit on three SBA Committees: The Constitution and By-Laws Committee, the Gradesand Registration Committee, and the Budget Committee, whichis presentiy hearing all the groups' requests for funding for the upcoming fiscal year. Thisfurtherputme' 'in touch" withstudent groups. lalsoamamemberoftheFSßß.theFaculty-Student Relations Board, whichis the governingbody in the law schoolfor hearing grievancesamong students and for petitions filed by studentsagainst the faculty. I have been onthe SBA for afullyear already. Itrytobeasfairandneutralas possible when groups orstudents come before us. I do not believe in voting Republican or Democratic,Right orLeft, Conservative or Liberal. I do notbelieve in playing procedural games or political power plays. I dobelieve inexamining the issue before us, seeingall the possible alternatives, and deciding on the merits what is best for law studentsas a whole. I ask you to askpeople whoknowmeandhave workedwith me if you do not know me. I believe all this ment and/or the union. One particular issue experience and desirethat I bring to the job stands out: management tried to take away makes me qualified to beon the SBA Execuvacation benefits guaranteed by our contract tiveBoard. Specifically, as Treasurer, I am willing through a negotiated labor bargaining agreeto workhard and put in the time. I like to use ment. I filedapetitionfortheemployeestomy unionand the NationalLaborRelations Board, theanalogy thatas Treasurer Iwill endeavorto beagoodbankteller. Itislikewhenyougointo and I also fileda grievance against manageabank. Ifyouhaveagoodbanktelleryoucan ment. Alterawhile,convinced ofour serioushaveyour businesseffectively done in a short ness, theability ofthe employees to stick and But, time. ifyou have an unqualified one who work together, and faced with the reality of does not know whatthey are doing, it can turn arbitration, managementrestored ourvacation into an ordeal. You have to speak to the benefits. This showed me the necessity of forever, etc., etc.. wait Manager, employees or students having to stickand work Some ideas thatl would liketo implewell together. Italso made me aware ofhow SBA wouldbe possibly your mentas Treasurer effective representation is needed to ensure a Loan Fund that student groups setting up that ourrights and benefits are not infringed couldborrowmoney fromtouse for fundraising upon or denied. I shallwork to the best ofmy (i.e. money to and thenrepay have to have you abilities to ensure that we all receive that to would advocate a large I make having money). which weare entitled. so unallocatedreserve thatas overthe course This leads in to why I want to be a member ofthe SBAExecutive Committee to oftheschool year as variousneedsandprojects represent thelaw students. Irecognize that we develop for thestudentgroups, there wouldbe enough funding to distribute as the casearises. have to work togetherand thateffecti yerepreI would try to use and work with Sub-Board I a sentation is needed. As law student here I more efficiently, so that student groups can the joined many great groups (as I never had theirorganization and that they effectivelyrun opportunity incollege). I havehad thepleasure can''tap into someresourcesthat Sub-Board and learning experience ofworking withand as extra I has, such for funding beingavailable to belonging BPILP and helping to set upthe speakers and social events. insteadof Lastly, Pledge Drive, thePrison Task Force, the NLG, funding groupsonceayearatthebudget meetthe Homeless Task Force, In The Public Interingfor speakers whichthey do notknow when est LALSA's Spanish forLawyer's Course, the Hibernian Law Society, and, of course, theywillcomeoratwhalcost,lpropose having writingfor The Opinion. This made me realize aSpeaker's line reserved in the SBA budget so that not only do weas students need effective thatas aparticulargrouphas a speakercoming to thelaw school they can request funding then representation individually, butalso that stuwhentheyknow all the details, not having to dent groups' and organizations' needs and in- guess a year in advance. Inclosing, I wouldlike to say that I learn much from my student extracirricular activities. I ask you to get involved. Please vote. These are you studentactivities fees. Without youtherewould notbealaw school. Voiceyour concerns. Ipromise to workhardand tothe best of my ability to ensure that students' and groups'interests and needs aremet and that the SBAisrun fairly and efficiendy. Ifyoubelieve that I am the qualifiedcandidate to do the best jobas possible, I ask you to please vote for me, Kevin P. Collins, as your SBATreasurer. President: Radjavitch step in this direction. Attempting to get the faculty more involved and more interested in day-to-day student activities, as wellas creating a more familial atmosphere at the law school are other importantpart so fthat change. Integrating our alumninetwork wi ththe Career Development Office is also a step toward improving CDO'sresources. Unfortunately, anyone seeking to leave the Western New York area is unable to utilize sufficient CDOresources. It is importantto improvethe office'sfacilities and resources so that it becomesmorethan agoodregional office. This is especially important to foster a positive changeintheemploymentrecordofgraduates. Ifat all possible, I would also like to see the Law School Computer Center expanded. Thislab providesan important service tothose law students who would not otherwise have accesstocomputerequipment. Unfortunately, it is itselfvery limited with respectto the IBM equipment available. In order to meet the needsofmorelaw students,abalanceofMacintosh and IBM computer equipment should be present in the computer center. It's clear that I support active student groups, those which give somethingback to the lawschool C(>mmunity. Myrecord, both on and offthe SBA, standsforitself. I am one member ofthe Rainbow Party ticket, a group of four individuals whobelieve in theimportance ofa complete spectrum ofideas and interests, and who will represent al 1 such diverseinterest sas objectively and fairly as possible. I urge all ofyou to discoveras muchas you can about all the candidates before you vote. Talktothecandidatesandthepeoplewho know them. Ask fortheiropinions, then form yourown. Don'tbe fooled byappearances orby awell-turned*phrase withlittle substance behind it. When all is saidand done, vote forthe better SBA Presidential candidate, Michael Radjavitch. terests must be heard. March 24,1992 The Opinion 7 �From the Desk ofthe President . SASU by Brian P. Madrazo SBA ELECTIONS The elections for the ExecutiveOfficers ofthe SBA will take place on Wednesday and Thursday, March 25 and 26, 1992fr0m9:00 a.m. to4:oop.m. in frontofthe Law Library. All students are eligible to vote in the election. Therearecandidates for President,Vice-President, Treasurer, and Secretary. Write-inspots are available on each ballot. Additionally, all law studentsare eligible to vote for the student representative to the University Council. The I Jniversity Council is the governing body of ÜB. Allvotersmustshowl.D.andaJl ballots be initialed by the voter registration tabler. The new Executive Committee takes officeMay 1,1992.1wish all candidates good luck and urge every student to take the time to vote. TheSßAcontrolsthemandatorystudent fee, makeyourvoiceheardonMarch2s and 26. moving 0n... BUDGETHEARING must Thebudget hearingforthe 1992-93 budget is April 3,1992at2:00p.m. in room 106. All are welcometo attend. All groups should send a representative. The proposed budget will be on file in the SBA office on Monday March 30,1992 and in theLaw Library under the SBA File. Each group will get a copy of their groupsproposed budget in theirmailbox. moving 0n... SEMI-FORMAL The SBA isthrowing asemi-formaland everyone is invited. It will be Saturday, April 4,1992 from9:oop.m.to2:ooa.m. The costis twelvedollarsand you getthreehours ofopen bar, finger foodand a D.J. I hope to see youall there. SBA directors will be selling ticketsall this week and next. Last Wednesday theBoard v(>ted down two proposals to put SASU to a studentreferendum Oneproposal wanted to put the question ontheupcoming ballot for SBAExecutive officers. Oneproposal wasto put the question toareferenduminthefall. TheBoard decided after almost 3 112 hoursofdebatethat neither proposal wasacceptable. Two and 112 years ago a referendum to bringSASUoncampuswasheld. Thestudents votedtobring SASU on campus forathreeyear periodendinginlhefallofl992. Last spring the samequestionwasputtoareferendum. Again the studentsvoted tokeep SASU. AlthoughtheBoard voted against both referendum proposals,next year's Boardhas an affirmativeduty to holdareferendum onSASU in the fall. I would be more than happy to talk with any student with respect to this or any issue. Stop by the office or give me a call. moving 0n... WHAT IS GOING ON The Association of WomenLaw Students (AWLS) is in the middle ofa month of activities. I wouldlike to encourage people to attend. The Asian American Law Students are in the middle ofa Heritage Week which will include a lunch. Circles (WomensLaw Journal) is holding a fundraiser this Saturday and members are selling tickets. moving 0n... FINALLY... As usual, theSBA meets every Wednesday. Note that the meeting time is 8:00 p.m. and the meeting isinroom2loO'Brian. Allare welcome and all are encouraged to attend. We'll sellyou the whole seat, but you'll only need the edge. Until next time. moving 0n... HODGSON RUSS ANDREWS TO THE CLASS OF 1994 You are cordially invited to a cocktail reception to learn more about the practice of law in Buffalo. Join us for cocktails and hors d'oeuvres. Date: Wednesday, April 8, 1992 Time: 4:00 Place: Buffalo Marriott 1340 Millersport Highway - 6:00 p.m. c/o Career Devlopment Office Room 309 by Friday, March 27 R.S.V.P. If you have any questions, please call at 856-4000 Jane McAvoy by Natalie A. Lesli, Business Manager In an marathon meeting last week, the SBA addressed an issue which has persistently plagued thegroup and thelaw school. The f< >urhour meeting was an ugly affair, yet it illustratedthe importance ofhaving such adiverse group ofpeople as our elected studentrepresentatives. Before break,ThirdYearDirector Marc Hirschfield submitteda memorandum insupport of his request for a partial mandatory studentfee waiver, sothatthe $2.00 which is earmarked for the Student Asstwiation ofthe State University (" SASU ") would not go to fund them (Thisrequestwasjoinedby3LJim Maisano and 2L Paul Dell.) The highlightsof the Hirschfield memo were two cases, Galda y^Rutgejs(lloS.Ct.222B(l99o))andKeUeryl StateBarofCalifornia(47sU.S.lo6s(l9B6)). These cases, according tothose requesting fee waiver, indicate thatthe manner in which the SBAfunds SASA is unconstitutional. According to this interpretation, the basis of the unconstitutionality is that"themandated contribution isearmarked for only one organization" and all student groups on campus are therefore not free tocompete for a fair share of the money. Additionally, SASU allegedly usesthe mandatory fees forideological causes. The request forwaiver was denied. In 1989,astudentreferendum was held to address the SA SU issue. The students ofthis law school votedto fund SASU forthreeyears, at theend ofwhich,a newreferendum wouldbe held. Theresult ofthisreferendum is binding upon the present SBA, unless itis overturnedby a majority vote of the Class Directors and ExectiveBoard. ThiswasthefocusoftheSßA meeting last week. Third YearDirector Darry 1McPherson opened the meeting with a motion to have a referendum this week on whether the SBA should continue to fund SASU (in effect, to overrule the 1989referendum), and toredirect the SASU moneyto the SBA budget in orderto aid in funding student groups. The motion was secondedandthefloorwasopened. Unfortunately, as frequently happens withbodies such as the SBA, most ofthe comments were not explicitly directed to the motion on the floor. Instead, many oftheClass Directorsand the various guests (3L Jim Maisano, 3L Brian Carso,SASUPresidentßandyCampbell,SASU Representative and 2 L Shawn B< >ehringer, and ©WOODS OtGOODYEAR ATTORNEYS AI LAW I SBA: Up Close & Personal two 1L's who were involved in SASU while undergrads) spoke to the meritsand evils of SA SU. The fact thatthedebateran so long was a consequence ofthis lack of focus, as the funding ofSASU was not the issue before the Board. As the hours passed, SBA President Brian Madrazoregained control ofthemeeting andrestricted comments tothose specifically addressing the motion on the floor, namely whether there should be a referendum this weekto determine ifSASU should continue to befunded. Duringthe course ofthe debate,Second Year Director Scot Fisher made a friendly amendment, which ultimately becamehostile when it was not accepted by Darryl, thatthe referendum should beheld in theFall of 1992. While this is what the 1989 referendum requiresanyway, Scot' smotion, ifpassed,wo uld have the effectofbinding next year's Board to usethe specific language ofhis motion on the ballot. By the end ofthe debate, tempers were high and a few Board Members and guests traded immature, petty remarks. Recess was called a number oftimes in order to quellthe nasty, hostile environment. In a surprising show ofmaturity and consideration, the Board members eventually agreed to allow those people who had not yet spoken to have thenchance, and thentocallthequestion. Undoubt- edly,the latehour was largelyresponsible for this change ofheart. The first vote was whether to amend Darryl's main motion by Scot'sproposal. A division ofthe house was called, and each member voted separately. The results ofthe votewereas follows: Sarah Swartzmeyer-yes, Eileen Groark-yes, Kevin CoUins-yes, Kristin Graham-yes, Bridget Cullen-abstain, Stephen Lee-no, Hank Nowak-yes, MichaelRadavitchyes, ScotFisher-yes, ScottRudnick-yes, Aida Reyes-yes, Darryl McPherson-no, Sabby Santarpia-no, Sandra Williams-no, Marc Hirschfield-no, Norbert Higgins-no, Hans Tirpak-no, Kate Sullivan-yes, Daryl Parkeryes(absent:ErikMarksandDaveChien). The motion passed, 11-7-1. Asaresult ofthis vote, the main motion becameamended, and thenext votewaswhether to accept this amended main motion. Again, a division ofthe house wascalled. Theresu Its of the vote were as follows: Sarah Swartzmeyer-no, Eileen Groark-no, Kevin Collins-yes, Kristin Graham-no, Bridget Cullen-no,Stephen Lee-no, Hank Nowak-no, Michael Radavitch-no, Scot Fisher-yes, Scott Rudnick-yes, Aida Reyes-abstain, Darryl McPherson-no, Sabby Santarpia-no, Sandra Williams-no, Marc Hirschfield-no, Norbert Higgins-no, Hans Tirpak-no, Kate Sullivanno, Daryl Parker-abstain. The motion failed, 3-14-2. So, where does that leave us? As it stands now, there will beareferendum in the Fallof 1992withrespect to whetherto continue to fund SASU. However,nextyear'sßoard will notbebound by any specific language,and may word the ballot as it chooses. Students can expect to be barraged by both sides oftheSASU issue prior to this referendum, as everyone is concerned thatthe vote be an informed one. The temporaryresolution ofthis issue is a sigh ofrelief for the SBA. However, there have been many unfortunate consequencesand others are threatened. Some Th ird Year Di rectors have become so preoccupied with the withdrawal from SASU thatthey are nolonger concerned with effectivelyrepresenting their constituents. It seems that battle lines have been drawn, and the casualties will be next year's SBA and student groups. The proposed courseofaction isaboycottofthe SBA budget approval meeting tobe held on Friday, April 3, at which time the budget for next year is supposed tobe passed (includingtheallocation ofbudgetstoallstudent groups). Thereasoning behind the boycott is that if the third-year studentsare notallowed to have a voice in the final determination of the SASU issue, and how that money will be spent, they see no reason forbeingallowed input withrespect to nextyear'sbudget. If the budget is not allowed to pass because lack ofquorumprohibits a vote from being taken, we will all suffer. Everyone will be in limbo as to what their budgets will befor 1992-93. As a student observer ofthe SBA, I suggest that everyone, third-year studentsespecially, tell an SBA Class Director how they feel with respect to this issue. Nothing will be served by boycotting the budget meeting, except perhaps soothing the bruised egos ofthose who wanted thereferendum no w. It is embarrassing that almost-professionals, who represent the students of UB Law, feel it necessary to hinderthe budget process in (>rder to prove theirunrelated and mootpoint. Practically, it islikely thattheboycott will not even take place, as a result oflack ofsupport for the idea. In any event, a boycott will not be able to prevent a budget from eventually being passed, either later this Spring or early next Fall. Thus revenge, which is futile in and of itself, becomes all the more reprehensible. The next deadline forThe Opinion is April third (3) 1992. Submit to Box #443 or 512. 8 The Opinion March 24, 1992 �From the Cheap Seats by Robert Garnsey E trouble with great directors is that, are instances when they make a ting film, it really disappoints. This is especially so when a lesser film follows a great one; the directorwho consistently does superb work inevitably raises expectations, so that a so-so effort looks that much worse by comparison. That, unfortunately, is howl felt afterseeingMartin Scorcese's Cape Fear. Mindyou,CapeFear isn't a bad movie. In fact, as remakes go, it's probably one ofthebetter ones. Scorcese pays considerable homage to Hitchcock in this film, what withthe bizarre camera tricks, the weirdopening sequence, eventhe Psycho-like score.There's no questionthatthelook ofthe film is good;the weakness ofthe story is what ultimately sinks Cape Fear. As the psychopathic ex-convict, Max Cady, Robert DeNiro gives a typically effective (if somewhat overwrought) performance. Fresh out ofprisonafterafourteen-year stint for rape, Cady is out to wreak vengeance on the lawyerwho defended him,SamBowden( Nick Nolte) for deliberately suppressing evidence which might have led to Cady s acquittal. I Infortunately, forall ofhis seeming menace and preternatural ability to get inside his victims' heads, Max Cady isn't a particularly compelling or frightening villain; DcNiro's portrayal ofthepsycho in "taxi Driver was much maybe ' J>nvincing( ;theplotwasatad jlievable?) any event, Cape igencrates in its fhour from what een a decent ickian thriller to ing more akin toa ite slasher movie, ding of the film i ontheridiculous, ;Niro chasing afi the resiliency of )articularly scary. Still, Cape Fear has its moments, such as the fine performance ofnewcomer JulietteLewis as Nolte's sheltered yet rebellious daughter, and amemorable bit part by old fossil Robert Mitchum,who getsto deliverthefunniest lines in the movie. Overall, I was disappointed by this film, especially in the wake ofthe excellent Goodfellas. But, asB-moviesgo, you could [i do a lot worse. ...McCarthy continuedfrontpage 1 combination with public disclosure of the sources ofthe contributions. We should then let the people decide.'' TheNew YorkTimesand Nightlinehave not given coverage to my campaign. I washurt when they ignoredus inNew Hampshire. They justdon't want us to get ourmessage out. Yet they gavecoverage to H. Ross Perot. The Ttmesis treating me the way they treat Buffalo, we just don't existfor them. ' 'Thiscampaign isalso aboutinclusion. Uptillnow they haveexcludedothers from the process." On the subject ofthe Supreme Court: "A nomince should be required to get at least 2/3 oftheSenate inorderto be confirmed. I wouldappoint non-lawyers to the Supreme Court. I would find non-lawyers like socialhistorians for the bench. In the alternative, I wouldfind a lawyer out oftheyellowpages.'' Onthe subject ofabortion: " We live in a secular society. Part ofour systemofseparationof powers is the designationofabranch tomakereasoned decisionson issues facing our society. We've chosen the Supreme Court, and it isfor them to figure out what the will ofthe people is and not for the legislators to play with." On the subject oftheConstitution: ''Three agenciespose the greatestthreat to our society because they areexempt fromthe Constitutionand the Bill ofRights. The Fed- eral Elections Commission is so; important because it controls the whole process and fundamentally deals with our First Amendment right to assemble. The Internal Revenue Service because they ignore theguaranteesof the Bill of Rights. Many times, when the Justice Department, which must follow the Constitution and the Bill ofRights, still wants to dosomething, they go overto theIRS which tramples upon ourcivil liberties. There is also theFederalCommunicationsCommission.(He didnotelaborate)" BarbaraWilliams, aMcCarthy supporter summed upby saying,''Yeshe can win. He is the best candidate to heal. His campaign is about being decent, something which we lack today." FormoreinformationonMcCarthy's campaign you can write to: Mart in Rothenbcrg 134 Clearview Rd. Dewitt, New York 13214or call: (315)478-67290r 1-800-688-1937 which answers Syracuse Language Systems. Movie Review: My Cousin Vinny by Renee Walner, Movie Critic The new comedy My Cousin Vinny proves thatalittle selfconfidence goes along wayinthepracticeoflaw. Vinny Gambini (Joe Pesci) isafast-talking Brooklynite whofinally passes the New York Bar exam on his sixth attempt. Having no credentials other than enthusiasm andchutzpah, he soon finds himself in Alabama defending a relative and his friend on a murder charge. My Cousin Vinny details Vinny's comical exploits as he stoically and falteringly learns the trade while on the job. The two young defendants were originally ontheir way toUCLA fromNew York via the scenic backroads ofthe South. Inadvertently,Bill Gambini (Ralph Macchio) pockets a can of tuna fish at aroad side shop. A few miles later Bill and his friend Stan (Mitchell Whitfield) are stopped by the police. With fearsofstereotypical SouthernJustice" dancing in their heads ,they promptly confess to theircrimeand arearrested. On ly later do they discoverthat they are charged fora murderthat occurred subsequent to their leaving the store. Short of funds, the young men call on Bill's cousin Vinny to represent them. Vinny arrives in Alabama with hisfiance complete withBrooklyn fashionand dialect. In court, Vinny favors an esoteric wardrobe and is partialto black leather suitsand cowboy boots. His informalcourtroom behaviorhardly wins favor with the judge, who is a stickler for precise courtroom protocol. The Yale educated Judge (Fred Gwynne), is vehemently opposed toany formofleniency and holds court in an authoritativemanner. Vinny is frequently held in contempt ofcourt due to his inexperience, and onoccasion hisantics land himin jail withhis clients. Vinny'slong-time fiance I.isa(Marisa Tomei)providesconucsprightlinessandclever repartee. Despite the constant bickering, the couple have a deep-rooted affection for each other. Vinny and Lisa showreal intelligence and withbehind theirdistinct facades. Lisa's know ledge ofears prevents herfrom becoming atwo-dimensionalcomicalcharacter and plays an importantrole inVinny' s defenseofBill and Stan. Though My Cousin Vinny provides a promising premise, segments ofthemovie are slowand do not live up to Comic potential, the court room scenesare quitegood. My Cousin Vinnr deservescredit for itswarm, g( >i >d-hearted script and its game cast. Fighting Racism continuedfrontpage 5 groups been discriminated against. Again, theanswer is yes. Native Americans, Asians, Hispanics, Arabs, Jews, Italians, Irish, Poles and other ethnic groups have all faced discrimination in this country. If you do not believe this is true, then it is time to open some history books. When theIrish arrived in this country they faced signs in store windows which read "INNA," (Irish Need Not Apply), Jews faced quotas at Ivy League Universities and fierce Anti-Semitism, the Japanese were put into concentration camps in World War 11, Arabs were harassed and beaten duringtheIran Hostage Crisis andthe (MfWar.andacommonjoke in the early part ofthiscentury stated thatthe only difference between Blacksand Italianswas theMediterranean Sea (and weknow how Blacks were viewed at the time). Thus, there is a long history ofbigotry against a myriad ofethnic groups in this country. We may get into an argument overwhich groupshavehad aharder time, but the fact remains that many have faced discrimination. It is not onlyblacks whonowreceive racial preference for jobsand employment. Hispanics and Asians also receive preferential treatment. But what is the difference between an Italian or Jewish immigrant in 1910and aHispanic orAsian immigrant who arrivedinthepast2oyears? Nothing. Allof these ethnic groupsimmigrated to this country tomake abetter lifefor their families, and they haveall faced a similar degree ofhardship. However, Hispanics and Asians are now givenracial preference for employment and college admissions overthe grandchildren of Italian and Jewish immigrants, whostruggled justas much in their day. This is not fairor just, it isracism. Whenever thereis legal discrimination against an ethnic group based on the color oftheir skin, it is racist. The Italians, Jews,Irish and Polesnever received any racial preference, they faced discriminationthemselvesand faced a much more brutal society without child labor laws, minimum wage, housing codes, unemployment or welfare. Just as earlier immigrants had to work hard to move their families into the middle class, so musttoday' s immigrants. Is opposition to affirmative action racist? No, it is simply based on a sincere belief that the Constitution must be interpreted in a color-blind manner. Racism is abhorrent. Ifaperson isdiscriminated against in the work-place due to race, they should be sanctioned by the full power of law. But discriminating against some ethnic groups while trying to stop discrimination against otherethnic groups, simplydoes notmake any sense. THIS ONLY MAKES RACE RELATIONS WORSE, AND RACISM AND HATRED ONLY BECOME MORE ENTRENCHEDPNOURSOCIETY. DavidDuke, theKu Klux Klan, and the Neo-Nazis are evil human beings, who should closely be examined,confronted and punishedby law any time they violateanother human being's rights. Yet, combatting racism is a two-way street. Whde weare condemning theDavid Duke's of this world, we must also condemn the Leonard Jeffries'ofthis world. The week before the Jeffries' speech here at ÜB, some members ofStudents For Constitutional Concerns published a leaflet entitled, "TheFactsAboutLeonard Jeffries.'' The students believed that Jeffries had aright to speak at ÜB, but felt it was important.to meet his speech withtheir own speech in the greattraditionoftheFirst Amendment. The leaflet pointed out that Jeffries had made bigotedremarksagainst Whites, Jews, Catholics, Italians,Gays and Blacks, amongst others. Jeffries' bigoted statements were quoted directly from majornewspapers, with careful attention not to take them out of context. Jeffriesbelieves that Blacks are biologically superior to Whites, claims that' 'rich Jews'' and the' 'CatholicChurch financed theslave trade, and that "rich Jews" and "mafia" conspired to destroyblack people in the movies. He says that' 'you can't trust the white boy." Jeffries plans to attend a Holocaust revisionist conference. Heclaims whitepeople are greedy, materialistic and intent ondomination. THISISRACISM. There is nothing else you can call it. Leonard Jeffries is a racist and hisbigotry is documented in thepublicrecord. The students who put togetherthe leaflet found hundredsofarticles illustrating hisracist past. It is not possible that all these quotes were inaccurate, especially since many came from a speech he gave last summer, aired on cable television. Still, Jeffries wasinvited to speak here. Why? What would be a person's motive to bring Jeffries to ÜB, where there are many studentsofthe ethnicand religious groups he hasattacked. The Black Student Union claims they wanted to bring someone to speak about Afrocentrism and Black history. But they could not possibly argue thatJeffrieswas the only speaker who would come to UB and address these issues. There are hundreds of black scholars, without aracist history, who wouldhave come to speak at ÜB. Itisremarkable thatBlacks, victimized byracism worse than any otherethnic group in America, would invitearacist to speakat ÜB. The same pet >ple who are constantly asking Americans to be more sensitiveto racism, invitearacistlo ÜB. Remarkable! If David Duke was invited to speak at ÜB, the Black Student Union, who invited Jeffries, would be protesting. You cannot haveit both ways: claim to befighting against racism and then invite aracistto speak at this university. Surprisingly, the Jeffries leaflet was attacked in a recent Opinion. One Black student said, "ifyoudidn'tknow who Jeffries was, afterreading the'fact sheet,' you'd think he was a monster Why did this trouble the student? Jeffries isamonster, as areallracists. The students quoted also said the leaflet was inaccurate, unsubstantiated and a' 'chop job. However, they obviously did not go to the sources that were cited. Every quotewas taken directly from The New YorkTimes. Newsday and othernewspapers thathad printed direct quotes from Jeffries. This task was not very difficult since Jeffries'public record ofracism is so abundant; it wasdifficult for the students to decide what to include, since there was so much to chose from. Ifyou do not believe this, I challenge you sitdown at Lexis/Nexis and do a search ofthe major newspapers with Je dries' name. The long history ofJeffries'racism will Is opposition to affirmative action racist? No, it is simply based on a sincere belief that the Constitution must be interpreted in a color- blind manner. quicklyberight before youreyes. Leonard Jeffries, David Duke, and the rest oftheracist crowd must be attacked each time bigotry leaves their mouths. Just as whites who support Duke are wrong, Blacks whosupport Jeffriesare wrong. Theseevil men must be confronted by allAmericans: White, Black, Hispanic, Asian and all others. One cannot support racistsjust because they come from his orher own ethnic group. Racists are trying to pull our society apart and promote hate,rather thanloveand understanding. We must affirm our commitment to equality, liberty, freedom, and most importantly, the goal ofacolor-blindConstitution. I am not argu ing thatweareacolor-blind society today. 1 Infortunately, racism is alive and well. But I am arguing that if aJJ Americans truly want to destroy the evils of racism, the only route wouldbe tomake the principleofacolor-blind Constitution the foundation ofAmerican law. Tocontinue down thepathofracial preference will onlylead to more hatred,and the defeatof dreams ofracial equality. Mar?h,24,199,2, •yfepftpfriftfr 9 �Sexism in the Bill of Rights byJdinß.Licata, Editor-in-Chief OnMarch2o,l992 ProtessorMary Becker delivered a lecture titled "The Politics of Women's Wrongsand The Billofßights: The Bicentennial Perspective.'' Professor Becker covered several isues withthecentral themeof her lecture focused upon the Bill ofRights' raison d'etre to protect the white propertied male. "While men may celebrate the Bill of Rights' Bicentennial, women should be more ambivalent," saidBecker. Among the elements that Professor Becker asserts havingprevented womenfrom fully participating in government are: theFirst Amendment's protection of patriarchal reli- gions and the media elite; use ofthe First Amendment's free speech clause to protect sexist value system; the Second Amendment's proscription against effectivegun control;and the aspect ofmaking a man's house his castle and keeping the woman in the dungeon; the Fourth Amendment's fostering domestic violence; and theFifth Amendment's traditional application ofprivileges to the white propertied male by the judicial system. Professor Becker combined these charges to make an indictment of systemic sexism and racism by the minority population ofwhitepropertiedmales. According toBecker, theresult ofthesefactors is to produce "counter majoritarian consequences to women and minorities' ' by effectively socializing society to followingthe vhitepropertied maleinsteadof developing a comprehensive set of values. Becker uses security in the home to show the vast difference between maleand female perspectives: the greatest threat to the male is government intrusion which is protected against by theFourth Amendment while the greatest threat to many women is thehusband, or lover, whois free to rape her in the safety ofhisown home. Becker pointed out that while white propertied males are a minority in the United States, they completely dominate politics, communicationandreligion. With white propertied males holding 95% ofthe elected positions in Washington, DC, Becker said that if the United States saw such disproportionate minority representation in a foreign country then it would callforreforms in that country' s political system. Professor Becker urged changes in the system including educational and economic rights being built into the Constitution ofthe United States ofAmerica, a sharper focus on domesticissues, the right to an abortion fully paid by the state, and a legislature and judiciary representive ofthe entire population. , Letters, continued from page 4 so that every law student will have at least one opportunity to vote fororagainst suchrepresentation; and second, so that SASU can rely on funding from the law school for long-term lobbying efforts. The SBAagreed on SASII representation fofthreeyearssinceNovcmbcr of 1989,and SASU has continuously represented the law school since thattime. If the SBAwere tocancel SASU priorto thecompletion o fthe agreement, it wouldbecome vulnerableto actualand consequential damages for breachofcontract. A few third year students, who will be graduating in several weeks, insisted upon a third SASU referendum at this last meeting. Thestudents alleged thatforcing them to spend theirs 2on a' 'political organization is unconstitutional. They submitted several cases to SIGNTHEFTS CONTINIUE the SBA supporting this charge. This weekend, three ofSBA Presidential Candidate Bill Trezevant's campaign signs SASU representativesresponded with weretaken from the lawschool. Twoofthesigns were removed from thebullet in boardsofßoom theirownmemorandum of law attesting to the 106,and the other was taken from O'Brian Hall lobby. If you have any knowledge ofthe constitutionality oftheirorganization. Both of whereabouteofthesignsorthepurloinerofsaidpoUtical speech, pleasecontact(7l6) 896-0941 the arguments werepersuasivebut not conclusive. Subsequently, the votesagainstaspring 1992referendum werecast. Wevoted"no" for severalreasons: byAndrew Baltensperger, Guest Columnist 1 to avoid a lawsuit for breach of Jerry Brownhad not been heard through civilization is a failure. the national pressmuch untilhis recent strong Inorder to achieve this, hewouldusehis contract, 2 - to uphold clear student support for second placeshowing inMichigan. In spiteof election as a means ofdislodging the corrupt SASU via two priorreferenda, and, he that that, contends whenever he spendstime establishment and returning power to the 3 - to preserve the SASU decision for a to a and manages get his word out well-spring people. Brownwouldintroduceafull employfornext year's first year class, fall referendum He to ofsupport flows forth. speaks volumes by ment economy, partlybyrequiring business year students who will be not for the third mornhis choice ofcampaign stops. Saturday begin being responsible for the training of six weeks. leaving in to ing his inauspicious van pulled up a warm workersand partly by reinstituting the CCC. The thirdyear studentswhobrought the reception in the cold outside the Broadway He would cut military spending and invest in SASU issue to the table askedthe SBA tojudge Market. The depressed, neglected neighbordomesticspending: " B-2 bullet trains not Ban issue ofconstitutionality. First, this is not to hood is in transition, sfruggling revitalize -2 bombers." He cited a local rusting steel SBA, and second, itwas not clear therole ofthe itselfin East Buffalo. plantasanexampleoftheneed forinvestment from the case law which way the issue would His appeal to the common man was in plants and equipment which our workers bedecided in a court oflaw. shownby thelackoftypical trappingsofabigneed tobe more productive. Additionally, he money, national campaign. Brown refuses wouldrevamp the tax code eliminating loopTherefore, we abided by the two prior secret service protection and donationsofover holes and instituting a flat tax of 13%. Brown referenda and fulfilled the contract to which 100 dollars. He toured the market shaking advocates universal health care butexplained we agreed. hands and listening to concerns. His press that we will never get it under the status quo, Michael G. Radjavitch secretary, trying to stay on schedule, had a since the medical insurance industry has a Henry J.Nowak Kevin P. Collins difficult time as Brown was beseiged by a vested interest in massive profit-taking. In what has become his trademark, he crowd wanting to press the flesh. Having worked the crowd Brown then asked who in thecrowd had not donated $ 1000 addressed them. He spoke forcefully about to a political candidate. These are the people making under $20,000 would be about 6%. taking thecountry backfrom thewealthy. This Brown seeks to appeal to and empower by Also, business would berequired to pay their ruling corrupt elite establishment has taken taking away the power from the rich. fair share and closed loopholes would mean the political power and hasridden i>ur country Afterspeaking, theformergovernortook theircontribution would increase from about intothe ground. Herelayedhis concern thatwe questionsfrom the people. When asked about 20%t0 50%oftotalrevenues. Whenaskedhow wereon the brinkofdisasterdue to the rot from hisflat tax, heexplained that wecurrently have hewouldkeepbusiness in Americafrom fleewithin. Hequoted Thomas Jefferson as cona regressive tax due to Social Security and ing the tax, he said thatby spreading itaround tending that democracy shouldkeep the power loopholes for the rich. His code would only to all businesses including accountants and ofthe many safe from that ofthe few. He exempt mortgage rent and charity. He exlawyers. contended that wearethe wealthiest nation in plained, therefore, that hisflat tax wasprogresBrown, on the way out, stopped to eata the history of the world, and if we cannot sive since rent isahigherpercentage ofa lower sandwich with the people he wants to emprovide a livable family wage toeveryone then income's total. Thus, the real tax on people power. Brown Appeals to Common Man The Jessup Mo* >t Court Board presents the 1992 First YearTeam who will represent UB Law School in the Fasken Campbell Godfrey Moot Court Competition - accountinG For L3wreßs-. 101 <P Get Fee up FRont! Kendra Burgos (3) SimonConte JohnCraik Kristen Graham Jackie Jones JamesLynch DrewPinkney arif v main pßincipLee (D Get Fee up rant! ' " /T © Get Fee up fpont! Douglas Sylvester C C?T Questions? I\S ( jA\S/ \ \ /I I J I //\ p—'^9-JJ^-A Alternates: LisaDalfonso Jay Fleischman JoshKimerling MarcRemmling Congratulationsto all whocompeted in the competition for a fine effort. 10 r ,i e Opinion March 24,1992 i 199? Mead Data Central Inc A" RightsReset ved �National March and Rally for Choice Buffalo will notbeanotherWichita. Defend every woman'sright to choose. 11:00am, Prospect Park (at Porterand Niagara Sts.), Buffalo, NY (Sponsored byBuffalo Unitedfor Choice). Kenyatta Memorial Fund Party The StudentBar Association, BlackLaw Students Association, National Lawyers' guild,andahost ofothers inviteyou to a Party at Mulligan's. Proceeds tobenefit theMuhammad I. Kenyatta MemorialFund. Admission will be $ 5.00. Beer, food and the company ofyour friends willbe provided The event will take place on Thursday,March26,from9:oo P.M. to 12:00 P.M.. at Mulligan's NightClub (1669 Hertel Aye.). KenyattaAwards Ceremony and Reception - You are cordially invited to attend the annual Muhammad I. Kenyatta Memorial Awards Ceremony and Reception. The event will be sponsored by the Black Law Students Association, Latin American Law Students Association and the Asian American Law Students' Association. The ceremony will be held at the Centerfor Tomorrow, onApril 1st at 7:00 P.M.,and studentsare also welcome to bring an additional guest. We look forward to seeing you onthis most important occasion, and weask thatyou please takethis opportunity to honor our graduatingthirdyearclass. Ifyou are going to attend the Awards Ceremony and Reception, please inform us ofthis by leaving thefollowing note inBox 98 by March 27, 1992. The GraduateGroup forFeminist Studies presents The Third Biennial Symposium on New Feminist Scholarship The symposium will beheldMarch 28 from9:ooamtos:ooP.M.intheUßCommons, Room2oo. Thesymposiumwillincludethefollowinghighlights: Aysegulßaykan (Women's StudiesProgram, University ofPittsburgh): "The TurkishWoman: An Adventure in Feminist Historiography." Hilary Charlesworth(Faculty ofLaw, University ofSidney, Australia), & Shelley Wright(Faculty ofLaw, University ofSidney, Australia): "Women and the International Politics ofFood and Hunger." Karen Engle (Program Director, Ford Fellowships in Public InternationalLaw, Harvard University): "Female Subjects ofPublic International Law: Human Rights and theExotic Other Female." Aline Helg (Department ofHistory, University ofTexas at Austin): "Black Women inthe Making ofthe Cuban Republic." KamakVisweswaran(DepailmentofAnthropology,NewSchoolforSocialßesearch): "Searching for the Indigenous: Gandhian Feminism in Nationalist Context." TheAnti-RapeTaskForce presents Dr. Bernice Sandler, Senior Associate forthe Centerfor Women Policy Studies, Washington, DC, speaking onPeer Harassment. This isa keynote address for Not for WomenOnly 4/2/92,The Second Annual Forum onViolence Against Women. This event will be held on Thursday, April 2,1992 at 12noon, in the UB Commons, Room 200. This event is freeand open to the public. For more information, call 636-3322. Law School Semi-Formal Saturday, April4, from 9:00P.M. at the Center for Tomorrow. The cost is $ 12.00perperson, andall are invited. Amenities will include threehoursofopen bar, finger food.aD.J. and the opportunity to getsort ofdressed up. Tickets are on sale this week. SBA Notices On March 25 and 26, Executive Officer Elections and University Council Elections will be held from 9:00am to 4:00 P.M. in front ofthelaw library. Bring in your I.D. All law students eligible to vote. On April 3, a budget hearing will be held at 2:00 P.M. in Room 106,0'Brian Hall. All are welcome. OnApril 17,all reimbursement requests must be turned in to SBA in order to process them by final exams. All requests turned in after April 17 will wait untilafter finals and for the new executive officers to be trained in the accounting system. AsianAmerican Heritage Week TheAsianAmerican Law Students'Association presents Asian American Heritage Week. Events are as follows: On Monday March 23, at 12:30 in the first floor lounge, The Honorable Dorothy Chinßrandt(NewYorkCity CivilCourt Judgeand CommissioneronNew York State JudicialCommission onMinorities) will speakon "Asian Americans in the Judiciary." On Tuesday, March24, at 11:30inthesecond floor ofO'Brian, an Asian Food Fair will be held, with samplings ofa variety offoods foronly$3 a plate. OnWednesday, March 25, at 3:30 P.M. in the firstfloorlounge, Rockwell Chin (NYC Commission on Human Rights) will speak on "Anti-Asian Violence: Documenting theIncidenceofHateCrimes." And finally, on Thursday, March 26 at 12:30P.M. in the firstfloor lounge, the film "Unfinished Business", an Academy Award nominated film. Peter Shaw Peter Shaw ofthe National Association ofScholars will be presenting a talk entitled, "Overthrowing the Canon: The Self-Defeating Revolution in the Humanities, Law and Literature." The talk will take place in the MartinRoom in567 Capen Hall at 4:00 pm on April 7. This talk is co-sponsoredby The Federalist Society and the Intercollegiate Studies Institute. Law Revue Showcase yourtalents! Can you sing, dance, act, do stand-upcomedy,play a musical instrument, impersonate aprofessor, orjuggle while in a handstand? LawRevue isthatrare opportunity for you to impressyour future colleagues with any talent, skillor lackthereof in a social,non-legal (not to beconfused with illegal) atmosphere. Start working onyour skits, acts or otherperformances now!!!!!!!! Law Revue will be held in late April at a place to belater determined sponsored by the SBA. - LAW STUDENTS INVITED TO PARTY WITH ALUMNI UB Law Alumni Associationinvites all current law students to attend a cocktail party with the Graduates ofthe Last Decade (The GOLD Group) onThursday, March 26 from 5 p.m. to 8 p.m., at Garcia'sIrish Pub, 74 Pearl Street, in Downtown Buffalo. Pizza, wings, and hors d'oeuvres will be served continuously, and a cashbar will be available. Cost is $6 in advance and $7 at the door. If interested, RSVP by March 23 to the UBLaw Alumni Office in 318 O'Brian Hall, Amherst Campus 14260 or callIlene Fleischmann at 636-2107 for more information. Hosts ofthis soireeare theGOLD Group Steering Committee: CatherineT. Wettleaufer '85, Chair and WilliamC. Altreuter '82, Mary C. Baumgarten '89, Michael J. Biehler '88, RichardS. Binko '82, RobertL. Boreanaz '89, Mark E. Brand '88, Margaret R. Burke '86, Elena Cacavas '85, Joan E. Casilio '87, Lynn A. Clarke '83, George W. Collins Jr. '84, Douglas W. Dimtroff '89, Paula M. Eade '90, John P. Feroleto '82, Richard A. Galbo '84, Andrew C Hilton, 111 '84, Edward J. Jozwiak 111 '88, Kathleen M. Kaczor '89, Richard P. Krieger '90, Edward J. Markarian '85, Hugh M. Russ, 111 '87, Susan W. Schoepperle '88, and Kevin T. Stocker '90. March 24,1992 The Opinion 11 �[ I T New York Bar Review Course Summer 1991 Enrollments Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course 1J | � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-03-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 14 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/24/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 14 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c0c1f97caae6e738cebc54284282d2b7.pdf afd97a705ca21f118b8cb5aa80f6be71 PDF Text Text Volume 32, No. 13 THEOPINION STATE UNIVERSITY OF NEW YORKAT BUFFALO SCHOOL OF LAW February 3,1992 UB Law Does it Around the World by Michael Radjax'itdt, Photography Editor Internationallaw wasthetopic ofchoice , at O Brian Hall this past weekend. The International Law Society (ILS)at the University ofBuffalo hosted anInternationalization oftheLaw Conference onThursday and Friday,February2Band29,l992. OverlOOpeople registered for the Conference, withstudents from Pace University, Case Western, Ithaca College, New York University, Allegheny College and Medaille College attending. A number ofprivate attorneys were also in the audience, as well as representatives from several area law firms and businesses. The seed ofthe idea for this Conference was planted by 3L Kimberley Danzi over a year ago, during her term as ILS President. Since then the ILS has been continuously organizing the Conference and handling the myriad of details and logistics that hosting suchaneventrequires. Thiswork finallycame to itsclimactic conclusion overthepastweekend. The long hours put in by Joi Cary (ILS President), John Oleniacz (ILS Vice-President) and all ofthe Conference Committee members paid off. The Internationalization of the Law Conference, organizedalmost exclusively by students at this law school, featured the Honourable Mr. Edward Broadbent asthekeywereinformativeandpromptedagreatdealof lips ofmany legal academics andprofessionnote speaker and 11 panels on various aspects intelligent discourse between and among the als throughout North America. Italso served tolay thefoundation for futureactivities, such ofinternational law. panelistsand attendees. Thestudentmoderaas strengthening ourinternational programs Mr. Broadbent, Presidentofthe Internators performedtheirroles exceptionallywell. and working on joint international projects tional Centrefor Human Rights and DemoTheykeptthe questionsanddiscussions flowcratic Development in Montreal, gave a stir- ing freely andeasily evenadmistchallenging withCase-Western Reserve Law School. Additionally, all of the panels were ring address on Human Rights and the North questions and debate. Many ofthe panelists video-taped andthelLSwillberunningavideo with the American Free Trade Agreement. He called were themselves impressed panels series the panel videosafter spring featuring and wereableto theexchanges they engage in forthe universal recognitionof economic and break; watch the ILS bulletin board for details. social rights in addition to civiland political withthe audience. A very busy week forall involved in the The video-tapes will be available for any rights, noting that the United States was the Conference came to a close witha dinnerand student groups wishingto usethem. championofallhumanrightsonly fourdecades In closing, it must be noted thatall left at theCenterfor Tomorrow on a of held reception ago,butalso that such level dedicationhas not been maintained. Mr. Broadbent also Saturdayevening. Discussion ofpanel topics overfood was donated to VIVE,an organizastressed thatdistribution ofinternational aid continued overdinner,and personal exchanges tionfor humanitarian aid torefugees. Also,ILS and therecognitionand observance ofhuman ofthoughtsand ideas continuedthroughoutthe T-shirts are still available in all sizes and rights should and must go hand in hand. His receptionand will probably continue beyond. styles and will be on sale again after spring address prompted a numberofdifficult quesThe Conference put the University at break. tionsandchallenging commentary from those Buffalo School ofLaw on the map and onthe in attendance, setting the general tone for all the panels to follow. TheConferenceincludedpanelson: The byAndrea Sammarco, Managing Editor Free Trade Agreement, North American , Twentyyears ago,thegoalofany family cially in instances of spousalabuse. Women sRights, Intellectual Property, Enviservices organization mighthavebeen tokeep Schoellkopfhasbeen particularlyactive ronmental Law, the Far East, CentralEurope try united, whatever the toconvince NiagaraCounty police to dysfunctional family ing in and the Former Soviet Union, CriminalLaw, a cost. That perspective has become more huadopta "pro-arrest" policy,whichmandates Latin American Investment Opportunities, a certain course of action for officers who maneovertime, to CoUetteMcCannaccording Immigration, Careers in International Law and to aRoundtable Discussion onexpanding inter- Schoellkopf. Theoverridingconcernin today's respond domestic violence situations. If it that the home becomes apparenttotheofficerthatone family domestic violence situations is national law schoolcurricula. All ofthepanels betransformed into &safe environment. member isbeing abusedbytheother, the police Ms. SchoellkopfistheCoordinatorfor will be required to arrest the abusive indithe Niagara County Family ViolenceProject, vidual, whetheror notanother family member a wants to press charges. In this way, the byDarryl McPherson, Features Editor harassment were recognized as a cause of cooperative effortinitiated by five commulocated is placed on the State, rather nityservice organizations throughout responsibility Withinßaldy 108onThursday February action underTitle VII and itdealt withwomen than theabused Niagara County. Schoellkopfspokeaboutthe person, toconfront theabuser. 27, studentsfrom the Schooloflnformationand who faced some kind ofpenalty, the courts stueffortsofthe withconcerned law While the abuser is detained by the police Project Library Studies gatheredto heara colloquium wouldbeflooded withcasesfrom uglywomen lunchon bag February generally dentsduringabrown 26. foroneortwodays,trainedcounsellors given by theirinvited guest, Professor Isabel who supposedly suffered in theworkplace due Hervisit wassponsoredby theDomestic Violocate the abused family member and offer Marcus from thelaw school. The scheduled to their unattractiveness. lence Task Force. Her as coordinator help. This approach "takes the onus off the job topic and title ofthe presentation was "The The second type oflawsuit wasbasedon facilitating exchange involves the ofinformaResponsibility of Intellectual Freedom and viewing the workplace as a hostile environThe overriding concern in Freedom ofSpeech." Asaprologue, Professor ment. Litigation ofthis sort found its origins tionand avoiding overlap between thevarious today's domestic violence abuse services involved in the Project, which Marcus mentioned her presence in Beijing, inlabor law through the NationalLaborRelainclude the MarthaH. BeemanChild Guidance situations is that the home be tions Act, when black union members were Opportunity Clinic, Center, theEverywoman targets ofracismby fellow employees. They transformed into a safe filed grievances withthe union since they felt Passage Children's Program, Passage Elder environment. the employer was not meeting its duty to Abuse/Caregivers Services, The Health Assoprovideasafeworkingenvironment. Withthe ciationofNiagaraCounty.andLockportYWCA. victim and also protects the victim," said unionunder a contractual duty to protect its Shealso makes this information available to Schoellkopf. Pro-arrest pobcy bills are workers, theyprovided an invaluablepathway the governmental departments involved in currentlybeforetheNew York StateAssembly. While the enforcement situation in working withabuse victimsandperpetrators, to the courts. Decisions in those cases estaband these offices to the encourages provide Niagara County is far fromperfect, Schoellkopf lished that discriminatory conditions in the is by recent developments, suchas encouraged resources offeredby the Project. workplace could be litigated. TitleVII created sheriffs, with local the creation of the Niagara County Family working In judges, a duty for the employer to provide a safe and departments officers, Coalition, Violence which includes police probation environmentforwomen. insists that' must be fromenforcementand advocate Schoellkop 'you gentle representatives f Through a theory ofreductionism and them,'' or alienate about and the election ofa new educating you may agencies, proactive invalidation, Professor Marcus further explained the harm brought with sexual harass- those who are in the best position to help in NiagaraCounty District Attorney. She slated ment. Upon penetrating the male dominated domestic violence situations. Problems of that, in a county which saw 112reported cases workforce, women were subjected to sexist poor understanding arise on the part oflocal ofchild sexual abuse in one month, localities police departments around Niagara County, are finally realizing the enormity and UB Professor ofLawIsabel Marcus comments andbehavior. A woman's compeseriousness ofthe problem. Also, they are File Photo tence was not relevant- her mere presence andespecially in Lockport, wherefiscal conunderstaffing beginning straints and have stressed the to understand thepotential liabiliTiananmen Chinaduring theuprising in Square, bothered the men. Once her work qualitywas law enforcement Those capacitiesofthe may office. ties which arisefrom inadequate enforcethe thatthe there not to students the issue, the ability advance and earn making point fought with Family Project abusers, exemplified involved the Violence mentofthe lawsagainst was the removed, and that was and diedfor intellectual freedom. Thediscus- higher pay police by have a time the that the fact that is now in the tough convincing Cheektowaga of two withsexual entered parts, dealing sionconsisted reason women the malejob stream in can''just espeleave", theabused individual throws ofits second such lawsuit. hate speech codes. harassment and the first place. The segment on sexual harassment beThe First Amendment became an issue of theCivil whenthe gan withabriefhistoryofTitleVII workplace triedto address the probdiscrimination in lemand regulated speech. Prof. Marcusdrew Rights Act, which governs the workplace. Professor Marcus found two in Katherine MacKinnon's effort to define 3 Rights Lawyer Fights Hate Groups typesofcases being brought by women under pornography as a civil wrong, mak ing it a civil thelaw. The first shetermed' 'quid pro quo rights concern. Theobscenity standardestabHate Mail Surfaces at UB Law 6 because instances of it called for sexualfavors lished by the Supreme Court was male cenPolitical Commentary 7 in order to either be hired, retained, or protered, and did not address the notion thai porILSC Organizers Thank Students moted Courts generallyresistedrecognizing nography subordinatedwomen. Manybelieved as sexual harassment as a legitimate cause of that pornography reinforced women'simage 10 "DarkMarbles" Roll On action. Opponents promoted an "ugly duck..Marcus continued on page 8 ling" theory, which proposed that if sexual Dealing With DomesticViolence , Marcus Discusses Intellectual Freedom . Highlights •...!...7 �I I DO YOURSELF IUSTICE Study with Pieper...and pass. PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 PIEPER REPS.: Trini Ross, Sabby Charles Santarpia & Kirn Smith Ed*anSMte<c teao �Morris Dees StandsTall For Civil Rights by Saultan H. Baptiste, NewsEditor and W. F. Trezevant, Staff Writer ' 'We cannot be satisfied as citizens until as the prophet Amos said 'Justice flows like the waters, andrighteousness like amighty stream. "'Withthesewords,MorrisDees concluded hisremarks to astanding ovationfrom the packed Slee Hallauditorium onFebruary 20, 1992. Dees, who was invited by ÜB's Minority Faculty and Staffand theOfficeofthe President, gave theKeynote address as partof the 16thAnnual MartinLuther King Jr.Commemoration Ceremony here at ÜB. Born in 1936,Dees was the son ofa and cotton gin operator in Shorter, farmer Alabama. Heattended the University ofAlabama as an undergraduate, and the University ofAlabama School ofLaw receiving hisJ.D. in 1960. During the civil rights movement, Dees became active byaiding peopleofcolor in court. In 1967, he filed suit to stop the construction ofa White university in an Alabama city that already had a predominantly Black state college. In 1968, he filed suit to integrate an all-White Montgomery YMCA. Along with Joseph J. Levin, Jr.and JulianBond, Dees founded the Southern PovertyLaw Center in 1971.The Center, whichis supported by contributionsfrom over200,000 citizens across the nation, hasengaged in civil rights lawsuits ranging from the defense of Joan Little, in North Carolina, to the integration ofAlabama State Troopers. In 1980,the Center founded Klanwatch in response to a resurgence in organized racist activity. The project monitors hate groups and develops legal strategies for protecting citizens from violence-prone groups. A made-for-television movieabout Dees aired on NBC lastyear. ' 'Line ofFire describedhis successful fightagainst theUnited Klans ofAmerica onbehalf ofthe mother of Michael Donald, a young African-American man who waslynched by theKlan in Mobile, Alabama. The juryawardedMichaelDonald's mothersevenmillion dollars,thus bankrupting that Klan chapter. Dees also developed the idea forthe CivilRights Memorial which bears thenames of forty men, women, and children wholost their lives during the civil rights struggle. Designed by Maya Lin, the designer of the Vietnam Memorial, the memorial stands in frontofthe Southern Poverty Law Centerheadquarters. Dees has alsorecently published a book entitled' 'A Season for Justice.'' After an introduction by Mr. Dan Acker ofMaloney College, Dees began by highlighting the extensive lawyer-bashing which takes place in our society. Dees took particular issue with a statement made by Vice-President Dan Quayle at the Annual American Bar Association Convention. Mr. Quayle had stated that there were too many lawyersin oursociety, and that this quantityof lawyers inhibitedprogress andgrowthforthe United States. Dees suggested thai,' 'Maybe wehaveone too manyVice-Presidents." Later inthe lecture, Deestold the story ofaChinese womanwho wassent tothe United States to get an education by her father. Dees related that this woman's father had explainedto her that theUnited States was a great country because it takes care ofits weakest and neediest citizens. Deescontinued saying thatthis woman later told her father that it was American lawyers who took care ofthese citizens. This woman,whois currentlyalawyer,received the ABA'saward for ProBono work at the same convention. Emphasizing the importanceoflawyers inthe continuing struggle forjustice in our society, Dees citedthe Civil Rights struggleas an example. He stated, ". the civil rights movement wasamovement by ordinary citizens who weretired ofthe unfulfilledpromises ofourConstitution andBill ofRights. These were people who decided withtheir feet... It was [the] lawyers that took the cases to court, and with the judges, hammered out the new laws andrules whichchangedthe systems and shaped the way we live.'' Dees also pointed out that,'' Lawyers are the ones who got the informationtothe public,notthegovernment He finally stressed that the*work of lawyers tlikeRalphNader, andJftumerous product liability attorneys, have done more for our society than many federal agencies. Dees also commented onthe rise in . . race related violence in America. "In 1991, there were 25 hate crimemurders compared to no more than 18 per year at the height ofthe civil rights movement," he said. Dees feels thisincrease is the result ofmiddle class fears giventhe recessionary condition ofthe U.S. economy. He asserted that, "[t]he middle class feels alienated and angry. The Civil Rights Movement was amovement forequal opportunity. Now the White middleclass feels theBlacks want a guaranteedpiece ofthe pie. They feel theyshouldn'thaveto pay theprice." Dees also statedthatpoliticians such as David Duke, George Wallaceand George Bushplay upon these fears which leads to violent acts that are committed not by hate groups,but' 'by ournext-doorneighbors.'' He also addressed the dilemma shared by many African-Americans. He mentioned that although they are told of equal opportunity in America, many African-Americans encountera' 'glass ceiling whichlimits theiradvancement within the corporate arena. Healso statedthat New York City, Chicago, and Buffalo have the worst record of loan approvals for minorities when compared to Whites ofsimilar economic status. Dees said, " It' s like apromise without a delivery." Dees feel that an answer to these problemscanbefound by fosteringunderstanding and forgiveness. To reach this goal, the Southern Poverty LawCenter haslaunched a Teaching Tolerance program which distributes 150,000publications to young people on thedangersofracism. Healsocommented on alessonofloveshownbythemotherof 19-yearoldMichael Donald, who waslynched by the Klan. When Dees's star witness ofthe 1988 case, JamesKnowles, asked Donald'smother to forgive him for what he had done, she responded, "Son, I've already forgiven you.'' Deesadded,' 'we mustlearn to see eachother as individuals.. .we must learn to love each other." A fter Dees spoke, he was presented with a Special Recognition Award, '*as a symbol of friendship"-from Archie Apaos, member ofbofhtheBuffalo Common Council and the University District Council. BLSA Initiates Adopt-A-School Program by SaultanH. Baptiste, NewsEditor In an effort to reach disadvantaged Buffalo youtii,Uß'sßlackLaw StudentsAssociation(BLSA) has been operatingaprogramthat allows themto provide service to the community. BLSA'sAdopt-A-School Program was initiated in(Since October, 1991) to fulfill a needBLSA saw in theBuffalo community for positive minority role models and to comply withthe mandateestablished by the National Black Law Student Association. The constitution of the National BLSA states that each BLSA chapter should have such aprogram to reach the needs ofyouth in the community. BLSA had two goals whenconsidering how to executethe program. The first goalwas to provide young minority students withpositiverole models as an alternative to the negative portrayals that exist on television and in theircommunity. The second goal was much more difficult; to target aspecific need sothey could have a positive and direct impact on young people. The Bethel Headstart Program met this need. TheBethel Headstart Program is a gov- eminent fundedprogram for 3 and 4 yearold childrenwhocome from sociallyand economi- the do's and dont's of safe treat-or-treating. Themembers also gavethem candy, fruit, and cally disadvantaged homes. Over9o%ofthese low-sugar cookies. culturally diversified children come from When the BLS A members returned in single-parent familiesand many ofthemareon February duringBlack HistoryMonth, manyof welfare. The Headstart Program is not a the childrenremembered them by name. The nursery school, but itprovides a''jump start BLSA members presented a lesson on' 'Great ,, on the educational process by exposing chil- People in Black History. ToinetteRandolph drento numbers, thealphabet, etc.,and provid- mentioned that many ofthe studentsknew of Michael Jordan,Whitney Houston and (M.C.) ing them withnutritious meals. BLSA targeted the Headstart Program Hammer,buthad neverheardofJamesBaldwin, because they felt they could make a positive MarionAnderson, or RichardAllen,thefounder impact on these children at an early agebefore of the Bethel African Methodist Episcopal negative influences could be ingrained into Church, where the Headstart Program is lotheirlifeexperiences. BLSA'sAdopt-A-School cated. She said,"when they learned thatthese Program is coordinated by first-year law stu- people werejustas famous as the people they dent, ToinetteRandolph, whose mother, Mary knew, it was exciting to see them open up to E. Randolph, is Project Director for theBethel new things as they saw how the past repeats Headstart Program and veryactive in the Bufitself." falo community. Randolph stated that the students were The firstmeeting with the children was veryattentive and excited to learn aboutthese held inOctober, 1991during Halloween. The characters in Black history, but were very BLSA membersusedthis opportunity to estabdisciplined. The childrenasked probing queslish an initialrelationship with the students by tions and created examples to which they could reading them storiesandpresenting alesson on relate. BLSA plans to continue the program with monthly visits by differentlaw students. Randolph feels visibilityis important to their development. She said "Wewant tocontinue to be there for them because we don't want them to feel wehave given up on them." Randolph finds the opportunityto teach arewarding experience. She said, "It makes youfeel so goodthatthey areexcitedto seeyou and hear what you have to say, that you get excitedto teachthemand offer whatyou can. It gets addictive." She added, "Community service is the best type ofaddiction you can have." The Opinion staff wishes everyone a very memorable Spring Break! Jessup Moot Court Team Competes in Midwest Regional Competition by JoeAntonecchia On the weekend of February 7th, the Jessup Moot Court Team, comprised ofHank Nowak, PeterGrubea, Tom Cannavo andDan Deßosso, made a journey to Akron, Ohio, where they participated in the Northern MidwestRegional oftheJessupInternational Moot Court Competition. The team, competing against 50 studentsfrom 12otherlaw schools, was chosen from among the winners ofthe intramural Jessup Competition held this past October. This year's hypothetical legal battle involved questions simular to the Gulf War, harkening back to international legal concerns which dominated much ofthe political activity and public debate of early last year. The issues centered around the international law implications concerning oil exports, thelegality ofclosing an oilpipeline, and humanrights violations. The hypothetical legal issue presented inthe competition took place beforean International Court of Justice, where each side argued for 45 minutes before a panel ofinternational law experts. Participants had to employ international law from sources including theU.N. Charter, the GenevaConvention and the Haig Convention. TheU.B. teambegan withastrongshowing onFriday, February 7th:PeterGrubea and Dan Deßosso, arguing for theapplicant state of Atlantis, soundly defeatedDetroit College of Theopening dayalso sawTom Cannavo and Hank Nowak, who argued forthe respondentstateofßergenia, defeattheUniversityof Pittsburgh. Saturday, February Bth, was full of heated, close competition, and unfortunately the judgementsnarrowly came down the side ofthe opposition Grubeaand Deßosso lost a very closed match to Case Western Reserve University, and Syracuse University edged past Cannavo and*Nbwak. TheUßteafff found the slim loss against Case Western particularly surprisinggiventhe fact that oneofCase Western's oralists conceded two major points in the match. Thus, the team ended with a -2 record at the regional level; even 3 wins wouldhave put theteam inthesemi-final round with an opportunity to go to the international competition. Although the team was disappointed, theirstrong showing was reflectedat the awards ceremony. Out ofthe awards givenforthetop , ' 'briefs ' (known as' 'memorials" in internationalcompetition), theUB team garnered 3rd Best Memorial. Out ofthe four awards given to the top oralist in theregion, Deßosso was declared3rdBest Oralistand Grubea received - - ... J essup continued on page 10 Mugel Tax Competition Set to Begin by ScottRudnick The 19th AnnualAlbert R. Mugel Moot Court Tax Competition is set to begin on Thursday, March 5. Seventeen teams from fourteen law schools around the country are slated to compete, with the top two teams meeting inthefinalround on Saturday, March 7th, at 2:30 in the Moot Court Room. Many attorneys from theWestern New York and New York City areas will serve as judges,including theRegional Director ofthe IRS, based in New York, and the District Counsel ofthe IRS, basedin Buffalo. Desmc>nd Moot Court Board Associate Members will serve as clerks. The judges will score six rounds ofcompetition overthree days to determine the best teams as well as the three best individual oralists. There will also be awards for the three best briefs, as scored by local attorneys. Theissues in thecompetition stem from ataxpayer'sexchangeofproperty financed by a nonrecourse mortgageback to thefinancing March 3,1992 ...Muge\continued on pa ge 10 The Opinion 3 �Jtt^ [OPINION Volume 32, No. 13 March Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: THE OPINION MAILBOX Law Review Editor ClarifiesAA Policy Dear Editor: I wouldlike torespond to theletter writtenby Marc Hirschfield and Dan Bildner criticizing various aspects of the Buffalo Law Review. Although I welcome the law schoolcommunity' sideas onhow to improve theLaw Rev iew, several issuestheybrought upneed to be clarified. First,and most importantly, Mr. Hirschfield and Mr. Bildner seriously misstated our affirmative action policy. Any competitor whofeels they are a member ofa racial minority,are economically disadvantaged,or are in somewayhandicapped, may writeand submitaPersonal Statement along withtheircasenote. Sgg Buff.L. R. Const, art. V, § 19(b)(5). A Personal Statement Committee then decides which ofthose applicantsfall into this § 19(b)category, andoffers to join the Law Review are extended to those who have the highest overall competition score, with the goal ofhaving our membershipreflect the applicantpool.' Significantly, these offers are in addition to the offers which are based strictly on casenote scoreand grades. See id- And, there is no specific limit on the number ofoffers made. It is inaccurate to say that there are some peoplewho would have madeLaw Review but didnot because they were displacedby thoseadmitted through affirmativeaction. Ourpolicy is carefully balanced specifically soas notto displace anybody who wouldqualify formembership by their overall score. Iam proud ourLaw Review hasthis policy, because I believe itreaches a compromise between liberal andconservative views by encouraging integration without excluding qualifiedcandidates. Second, there are many morereasons for having an' 'open universe competitionotherthan the onecited by Mr. Hirschfield and Mr. Bildner tradition. I believe it is a fallacy that one's thought process is separate fromtheresearch process. Asa student assistant for Researchand Writing, I have told first year students again and again that they shouldaim to understand the basic parameters ofthe legal issue beforethey embark on their research. Once the research is begun, one can choose among a variety of directions,depending on one's ability and inclination. A' 'closed universe" competition necessarily digests the legal issues, and makes choices which preclude, to a degree, independent and creativeapproaches to aproblem. In addition,an' 'open universe tests one' sability toresearch, one' s thoroughness, andone' s effort. Associates spendmany hours citechecking, and as an editor, I depend on theirresearch abilities, their attention to detail,their overallthoroughness, and theirability to workhard. In fact, thereputation 3, 1992 John B. Licata Andrea Sammarco Natalie A. Lesh Saultan H. Baptiste DarrylMcPherson Vito A.Roman Michael Radjavitch StafTWriters: Kevin P. Collins, W.F. Trezevant Photographers: Paul Roalsvig Contributors: JoeAntonecchia, Joi Cary, Bill Kennedy, Brian Madrazo, Scott Rudnick, Renee Walner, Gretchen Stork Editorial Education as a term encompasses a wide variety of experiences. Whenthe discussion concerns funding, educationis reduced to formal schooling with books, teachers and brick buildings. However, Mark Twain once quippedthat he never let formal schooling interfere with his education. Students of the law should take this advice to heart. Preparation for a career in thelaw cannot be comprehensively accomplished within the halls ofa singlebuilding. Law school should not be a mechanism that removes an individual from participating in society by filling a daily planner with appointments with like-minded individuals. Education of a person should take the several forms of both observation and participation. Practitioners are consistently advising students to observe trials in progress regardless ifa studentis even remotely interested in litigation. Observing a capable individual performing a complex task can either inspire or deceive the observer. Inspiration springs from the human desire to excel in a particular field. Deception surfaces from seeing how "easy" an experienced person makes a task appear. The classic example is the figure skater who falls in the midst of a beautiful maneuver, abruptly bringing the viewer to the realization that some difficult pursuits can never be completely mastered. Comparingphysical and mental endeavors generally fall s apart in particulars, but in eachthere is one constant the individual. Only the competitor and the student are truly aware of the amount of work expended to master an ability, the price paid to reach a goal and the satisfaction of receiving thebest grade for the effort. For law students to expect a school to provide a complete education is to dismissthe fact that most students will be practicing law outside ofacademia. To this end students should take an active part in their own education and, in the process, perhaps they can provide aid to someone unable or unwilling to take that same bold step. -- ...Letterscontinued on page 9 An Open Letter to Professor Marcus Dear Professor Marcus: lam writing out ofdismay and concern. lam an admirer ofyour work withsuch causes as the Pro-Choice Networkand the JuneFourth MemorialFund. You aretrulya woman ofprinciple and conviction. But a troubling incident recently prompted me to respond. , Quite innocently, a fellow classmate ofmineutteredthe expression " a Pandora s box" during the course ofmaking a point. It was usedas correctly as any cliche and its meaning wasclear. The expression is one I myselfhave often used to denotewhat you termed "ahornet'snest." lamsure thatIwillnow thinktwiceabout using thisexpression in your presence as I did grasp the nature ofy ourobjection to it. While I disagreethat it is a sexist expression, I am sensitive to yourperceptionofitsconnotation and will refrain - fromusing itinyourpresence. I amconcerned, however,withwhathappened when this expression was uttered in yourclass. Youtold theman whosaidit that "thatphrasewillnot be used in(your)class," or words to that effect. This, I feel, was unwarranted. I believe you had everyright to state yourobjections to that turn-of-phrase, and perhapsthose o fuswhoare so inclined would haverefrained from its use inyourpresence. However,as theprofessor, the poweryou exert carries the possibility ofabuse. The university should not be a place where discussion occurs under the pall ofconstant concern withthe sensitivity ofthe words we use. What you did was chill speech forever inyour class. What was said was in no way disruptive oftheclass, howyou responded was. Itis surprising to me thatyou struck outat a freedom those in China(whom you supportthrough theJuneFourth movement) were willing to die for; the right to speakfreely. Perhaps you have struck upon the "Achilles Heel" ofthe so-called politically correct language dilemma. The suppression ofspeech does not change attitudes. It is Orwellian in its conception. Newspeak was designed to eradicate certain thoughts or emotions through the eradication ofwords orphrases. This is "double plus ungood.'' It does not work. As long as sexism is buried in ourlanguage and debateis squelched by demagoguery, the problem will continue. Even if' 'Pandora's Box weremore than a comment on humancuriosity and the dangersitmay unleash uponthe world, I thinka great harm is doneby theblind compulsion to eliminate itsuse. Ourlanguage isrich with sexism, but itis acommon language. Wecannottearitalldownandstartagain. By recognizing the sexism within it and discussing it, more good will be done than canever be done by chilling debatebyforbidding the use ofcertain words orphrases. Copyright 1992. The Opinion. SBA. Any reproduction ofmaterialshereinis strictly prohibited without theexpressconsent oftheEditors. The Opinionis published every two weeks during theFall andSpring semesters. Itis thestudentnewspaperoftheState University ofNew York at Buffalo School ofLaw. The views expressed in thispaper are not necessarily thoseof theEditors orStaffofTheOpinion. The Opinionis anon-profit organization, thirdclass postage enteredatßuffalo.NY. Editorial policy ofTheOpinionis determinedby theEditors. The Opinion is funded by the SBAfrom Student"Law Fees. The Opinion welcomesletters to theeditorbut reserves the right to edit for length and libelouscontent. Letters longerthan three typed doublespaced pages will beedited for length. Please do not put anything you wish printed under our office door. Submissions can be sent via Campus or UnitedStates Mailto TheOpinion.SUNY AB Amherst Campus, 724 JohnLord O'BrianHall, Buffalo, NewYork 14260 (716)636-2147 orplacedinlaw school mailboxes 443 or 512. Deadlines for the semester are theFriday before publication. The ideasexpressed in the "Letters to theEditor" and on thecommentary page are not necessarily endorsed by theEditorial Board ofThe Opinion. 1 Duty before pleasure. Irish Portrayal Accurate To the Editor: As aperson oflrish extraction, lam compelled to addafootnote to Robert Garnsey's review ofthe movie. The Committments. The development ofthe principal characters in the showisabsolutely superb. More important than the story line or themusic is thefact that weare reminded ofthe everlasting lesson ofthe rags toriches torags syndrome that seems to hauntthe Irish. Oscar Wilde said it best: "We are a nation ofbrilliant failures; but we are the greatest talkers since the Greeks." It's awonderful show. Don't miss it. University at Buffalo AIDS Coalition A L T.he Opinion 4 March 3,^ Sincerely, [Name withheld by Request] Sec.2- Ist year Sincerely, Charles Dougherty �TNO E WHERB flu <&W6t>> ONSPRIBREAK NG One Man's OPINION Features Editor bvDARRYLMcPIIKRSON I'll preface this column with a brief statement. I'm hesitant to use this column asa forum for mypolitical office, butI think I can and should in thiscase. IfI'm careful. I doubt I'll seriously violatetheadmittedly thin wall that separates my two personas. Rather thancallingthisONEMAN'S OPINION, I should call it, FROM THE DESKOFADIRECTOR. Lastweek,lwas approached on more than oneoccasion by studentsinquiringwhetherornotthey should runforSßAnextsemester. The burgeoning campaigns forpositionsonnextyear'sSßA Executive Board seem tobe pushing others to consider a future in law school pontics. Thereason I'm writingthis is to hopefully provide some insight for any others who mightbethinking aboutrunning forDirectorships. There are two approaches to being a Director. Onewaycallsfordedication, selfsacrifice, conviction, outspokenness, openness, maturity,and sheerguts. Theotherway doesn't. Thelattermethodbasicallymeans youmanagedto wintheelection and gainthe title. From that point on, you attend some meetings, andmaybe, Imean maybe, doyour office hour. Fortunately, the entire Board this year seems to be beyond thisapproach, andtakesthejobabitmoreseriousry. Therefore,whateverlsayfromnowonappliesonly to those who would be willing to heartily contribute tothe SBA. The qualities I mentioned above are necessary components foryou to serve well withintheSBA. NotallDirectorshaveeach and every quality listed, nor do they have equalamountsofeither. That creates a mix ofpeople withvarious stylesand agendas to serve. Disagreements arise fairly easily at meetings as few issues arerarely blackand white. Emotions frequently run high,and thatis probably one ofthe most dangerous and frustrating things about the SBA. People care about certain causes or groups. A lot. Much ofthe time, everyone takes, or at least tries to take, an unbiased look at an issuebefore voting on a proposition. Questions are asked, information is soughtand compared with the past, and we generally try to be fair. But there are buzz words, orbuzzgroupsasthecasemay be, that setcertain Directorsoff, and their allegience is close to unflinching. I could but won't name names, but a goodnumberofstudentgroupshave' 'guardianangels'' of sorts on the Board. An example ofthat in action includes sending initial funding requests through a Board member, rather than sending a representa- tive of the group. It's not a crime for a Director to be part ofanother group besides SBA, but it doescomplicate, ifnot eradicate, objectivity. I can seehow it would be very difficult to voteagainst one's group in an SBA meeting, and then have to go to that group'snextmeeting as ifnothingwaswrong. People stand by their groups, that becomes aproblem when some kind ofcompromise is necessary. If a Director feels voting for asmaller amount ofmoney would be abetrayal ofthegroup,orthinkswhatever project they're advocating is worth more than thecompromise amount,things start to get tense. I'll tell you onething, don't let anybody say law students aren't loyal. Most clasheswithinSBA arepersonal and/orpolitical. Justlikethefederal government, thereareideologicaldifferences. However, I'm cautious about stereotyping certain individuals. I believe currentproblems within SBA stem frompreconceivednotions ofwhatcertainDirectors willthink, or how they' 11react. I knowthereare beliefs about me floating around that are untrue, and I know I don't like that. I don't assume a director willact a particular way, though over time a relatively predictable pattern will emerge. Sometimes it's justa matter ofpersonalities. Some people simply don'tlike, or can'tgetalong with, otherpeople. That'sto be expected to a limited degree, but it's regrettable when it starts affecting the way peoplevote. rdestimatethatlleavefourout of five meetings upset or frustrated by the behavior ofpeopleon the Board. The meetings are emotional roller coasters,and it's a sure bet thatthis Board ofDirectors would not be considered ahappy family. Despite all ofthis criticism, I'm not saying you should avoid a Directorship. I expect all that I said couldbeapplied to any government or body ofindividuals. You might as well learn how to dealwith these issues now before goingnaively into thereal world. And theSBA canbeaneffectivetool for change within the school. All that matters is how much ofyourselfyou're willing to put into it. As the title suggests, this is justmy opinion. I'm not Mr. SBA, nor am I the perfect Director. I make mistakes and I'm guilty of some of the crimes mentioned above. Ultimately, the decision torun for SBA is a personal one, and I can't tell whether or not it's the best thing for particular people. Dolregrethavingbeeninvolved with SBA? Well, that'sanother story. STUDENTREACTIONTO JEFFERIES CONTINUES byKevin P. Collins, StaffWriter Notmany people canlay claimto being able to draw a large numberofpeople to hear them speak. Fewer can make the case to possessing the wonderfulability ofbeing able to speakwell in frontofalargegroupofpeople. Fewer still can honestly attest to being able to hold and captivate an audience's attention through a speech and to have those in attendanceleave witha sense ofhaving witnessed and heard something importantand worthy of debate. And.perhapsonryahandfulofpeople can be said to be able to cause a high level of attention before they speak, deliver a special talkand to, in turn, be discussedas muchafter they spoke as before and during. One such personwho belongs tothose handfulofpeople isDr. Leonard Jefferies. Muchstudentanticipation and debate at UBLaw School around Dr. Jefferies speech. Some students believed Dr. Jefferies to be a highly controversial individual and speaker. Some saw him as spreading hate speech. Yet, everyone I spoke to agreed with hisright to comehere and exercise his FirstAmendment right offree speech. One area ofconcern was whether this rightto freespeechwasreally "free speech. As Mr. Danßildner,3LoftheSCCpointedout, Dr. Jefferies wasnotcoming to speakfor free. Mandatory studentactivities fees werebeing usedtofinanceDr.Jefferiestalk. Mostpeople believed that it was permissible for a student group to use students' fees to bringcontroversial speakers on campus as long as everyone had equalaccess to hearhim speak and hearhis message. One ofthese students, Mr. Hans Tirpak, 3L of the Federalists, believes that everyonehasa right to speak, yel questionsthe use ofmandatory student fees for someone whoseclaim to fame is his useofhate speech. Mr. Tirpak would have liked to have seen someone withjustas good, ifnot better qualifications than Dr. Jefferies come and speak at ÜB. This leads tothe problem that occurred when Jefferies spoke. It has beenreported in ...Jefferies continued onpage 10 Commentary THE NATURE OF ISRAEL'S NEIGHBORS byDavid Lask, 2L This piece is dedicated to the memory ofA viaElizade peaceful "Weare people, we are loving people; but we don't loveanybody who doesn't love us." MakobnX AviaElizade had a whole life to live, to dream and to succeed. Instead, she fell victim to Israel's northern neighbor, in this case the Lebanese Hezbollah faction funded byIran. In an instant, it was all over for this beautiful five yearold girl. Whilerunning to greet herdaddy who wasreturning homefrom work, shewasblownapart,aswould thousands of her peers if Israel's neighbors had their greatest wish come true. Asa North Korean ship steams toward Syrialoaded with highly accurate ScudCmissiles,as Iran dairy trumpetsthe factthat theyare developing an "Islamic bomb" to destroy Israel, as Egypt vacillatesabout it's unprecedented peace treaty,lsrael is urged by theWesttoshowrestraint. HowtheWestand the UN holdIsrael to sucha high standardof tolerance when its utter existence is daily threatened by the overwhelming majority of herneighbors is beyondrationality. Back in 1981,France, England and SenatorBob Dole ofKansas excoriatedIsrael foritspugnaciousactofcripplinglraq'sburgeoning nuclearreactor. What ahorrible act against the peace loving Saddaam who was merely developingacheapersourceofenergy. Where was the apology after the world and especially Kuwait found out what Saddaam wasreally planning? You got it, there was no apology, and therenever willbe. Why, the casual observer asks, isIsrael notthanked for such a socially conscientious deed. The answer is written in history. For thousands of years, the Jewish people have borathe brunt oftheanger ofthe restof the world. The modem stateoflsraelis in no way impervious to the continuation of this devastatingtrend. In 1967,withhundreds ofthousands marchingand chantingDeathto the Jews" in Cairo, Israel preemptively attacked and in six mesmerizing days annihilated three honed Arab armieswho wereplotting the murderofevery Jewish man, woman, and child in Israel. Every West European nation criticized thetriggerhappy Jewish State, save one, WestGermany, whoselaborunions raised $415,000to help Israel init'smost try ing hour. Since it's inception in 1948, Israel's Arabneighbors haveunitedagainsttheircommon enemy, the Jews. They havekidnapped and murdered Israeli athletes at the Munich Olympics in 1972,hijacked an Israeli El-Aljet to Uganda with the help of Idi Amin, and hoisted elderly American Leon KlinghofTer andhiswheelchairoverthe sideofthe hijacked Achille Lauro cruise ship because he was wearing a Jewish ornament around his neck. Some apologists for the Arabs say that they only hate Zionists. That argument holds no veracity becausebefore there wasan Israel, the Arabs ofwhat was then and what will never again bePalestine launched riots and pogroms against the Jewsandboycotted and destroyed their shops. Oneofthemyriadexampleswas 1929 in Hebron, located in Judea, where Arab mobs killed 200 Jewishpeople inone day and went on to attack and maul young Jewish Yeshiva students in Jerusalem. But thatwasnot enough fortheArabs. Thevoicedtheirultimatedesire forthe fate ofthe Jewishpeople during WWII whenmuch ofthe Arab World rallied behind Hitlerand supported Nazi Germany' satrocities against the Jewish people. Moreover, duringthe late 1930s the Arab governments revoked allfreedoms and civilrights from the indigenous Sephardic Jews ofthe Arab countries. From Casablanca to Cairo, Rabat to Riyadh, Algiers to Alexandria, the Sephardim were forced into the humiliating role of a scapegoat, or Dhimmij'' in culturesthey had been assimilated in for countless centuries. Theinfamous GrandMufti Husseini ofJerusalem spent the last four years of WWII in Germany where he daily went on Nazi radio and urged Moslems all over the world to kill Jews inall Arab countries. TheMuftiwasalso the commanderoftheBosnian FascistMoslem forces whofollowed the ordersoftheir superiorsinßerlin. Thepictures, tapes and speeches are allhoused in Jerusalemat the Yad Vashem holocaustmemorial. Those who glossoverthe goalsofaunifiedArab worldby supplanting the wordZionistfor Jewarereally distorting reality and outrightlying. March 3,1992 ...Israel continued onpage 9 The Opinion 5 �Magic, Myths and Messages About Life and Death byKevinP. Collins, Staff Writer On Sunday, February 16,1992,during halftime, in a game between theLos Angeles Lakers and theBoston Celtics, apacked crowd in the LA Forum watched as Earvin "Magic" Johnson's number was retired and his shirt placed along thewall in theForum nextto other Lakerheroes. Perhaps the mosttouchingmoment ofthat halftime ceremony came when Kareem Abdul-Jabbar, withwhom Magichad fought manyahard battle tolead theLakers to NBA championships in the 1980's,recalled whatEarvin Johnson meanttohim as aplayer andaperson. Magk'semotions showedthrough his smiling face as his parents, his sister, his wifeand his son lookedonalong withmillions oftelevision viewers.For Magic, whohelped put the NBA on the map in the early 1980's, there will be no more battles withLarry Bird or the Boston Celtics. Magic now faces a tougher opponent. Magic has AIDS. Many myths surround Magic Johnson having AIDS. It has been said that because someonelike Magic hasAIDS, thatawareness ofthe disease will increase. It is doubtfulthat after a decade ofthis deadly disease that it would takea sports figure to enlightenindividuals to thedangerofAIDS.Eithertheyknow ofthe hazardsalready ortheydo not care about the risks. Ithas been said thatbecause Magic has AIDS, people will realize that sports figuresare not invincible. Itis society whoplaces its sports heroes on great plateaus. It is the foolishathlete who believesthis ideology. For athletes are no better or worse than you or Ithey arehumanand everythingthat comes with being human is part ofthemand us. One need onlylookat PeteRose,Mike TysonorLawrence Taylor to see that the problems faced by society as awhole exist in the sports world as well. Athletes such as Jose Canseco may getpaid 5 million dollarsperyear to doabout 3 hours of workfor 7 months out oftheyear, while other people put in 12hour days, 6 days a week, to struggle toraise a family and pay the rent, but athletes are still human. The greatest myth surrounding Magic having AIDS is the notion that everyone who comes forward admitting to being HIV-positive is treatedlike Magic is. Magic had his own All-Star Game to play in. He had his own retirementceremony. He wasinstantly named to the Presidential Committee on AlDS'just because he is Magic. Yet, by contrast, the average person who comes forward andadmits tohaving AIDS faces thedistinctpossibility of being stigmatized. Theaverageperson will not stillhavemillionsofdollars in endorsements. He willnotreceiveabig farewell party at work or have his timecard retired. He does not get a place on the Presidential Committee or invitations to all the talk shows. What hedoes get is possible jobdismissal (despite the laws to the contrary), socialrejection and enormous medical bills that he struggles to pay in order to have a chance to live. Nor does the average person coming forward and admitting to having AID Sreceive standing ovationswherever they go.The distinction matbe simpleand obvious, butit needs to be understood. People should cheer for Magic' s career and the enjoyment and entertainment he brought to them. Whether they should cheer for his comingforward and admitting to having AIDS is another matter. What comes to mind isafewyears back whenKeith Hernandez was withthe New York Mets. He testified in a drug case that when he was playing baseball withthePittsburg Piratesthat he used cocaine. The next night at a packed Shea Stadium, over 50,000 fans gave him an extendedstanding ovation. Ifachild turned to bisfat herand asked whyKeith Hernandezwas being applauded, what could the father saybecause he admitted to using cocaine. If the average person came forward and admitted such, he would face possible loss ofhis job, certain social somatization, and possibly even future drug tests. Yet, today' s athlete is permitted, and, in some cases, even expected to have drug problems and is applauded when , hehasthe "courage ' to come forwardandtell his story. This dichotomy ofreceptions between athletesandaveragepeople isan unfortunate and unhealthy socialreality. Indeed, Magicreceived somemixed receptions around the country.Many callersto talk shows believed that he got what he deservedand did not feelsorry forhim; that, ifyou dance next to the fireyouhave to expectto get burned. I do notbelieve that it is anyone's place to judgeanotherover suchdevelopments. While apersonmay have made certain questionable choices, weare not to siton a morally correct throne and pass judgment. We should learn from this experienceinstead ofeitherwallowing in sorrow orpointing afinger ofblame. It has been said thatby virtue ofMagic coming forward and admitting to having the AIDS virusthat the message willbe sent to the even Hate Mail Distributed At some pointbetween Friday night and Saturday morn- ing, one or more individuals placed sexually explicit and/or violent notes in each and every mailbox in the law school mailroom on thesecond floor. The notes were typewritten and varied in content. Each was approximately 2-3 sentences long. An official statementfrom DeanAlbert's office stated that "there were no threats or ethnic, racial or sexist insults." However, according to one of the students present in the mailroom at the time, the notes made threats of dismemberment and specific acts ofviolence, sometimesdirectedagainst individual, namedfacultymembers. . The notes were discovered on Saturday morning at 7:30 a.m. by a law student, who then proceeded to remove all the notes from the boxes. The student left a large sign in the mailroom indicating the nature of the notes and the fact that they hadbeenremoved, andthat any which were inadvertently left in boxes were not the only ones placed in the mailroom. The student thenreported the notes to Public Safety and Dean Filvaroff s office. Further action has not been taken at this time. Anyone having specific knowledge concerning the source of these notes or the identity of their author or authors should contact Public Safety or theDean's office. 6 The Opinion March 3,1992 the rim and slams the victory home with the disease-thatheterosexuals are at justas great clock buzzing, celebrating the Gold Medal a risk. This is a message that scientists and victory for the United States. This magicalscenario would serve well doctorshavebeenspeakingofforyears. Magic himself tried to spread the message to young to destroy the myth thatpeople with AlDScan people to learn fromhis mistakeand to practice not live normal lifestyles. Under the proper safe sex.Then the mediaand somemembers of careand withthe needed medicine, people who theAIDS movementcriticized Magic for send- are HIV-positivecango on functioning in and ing the wrong message. It was said thatthere contributing to society, as well as living norisno suchthingas safe sex, only taking less of mal lifestyles. Further, the Olympic games a chance.' 'They wanted Magic to push for with Magic playing would show the whole abstinence, that the only pure preventive world that you can not catch AIDS through method againstAIDS is toabstain totally from normal body contact,be it eventhe bumping, sex. How viable a message this is is highly pushingand sweatingofbasketball. Thisisone myth thatMagic can destroy. suspect. In the end,however, thereis one myth One piece of magic I, and I am sure millionsofotherAmericans also,wouldlike to thatno magic can destroy.That is because it is seeonce moreisfor Earvin "Magic" Johnson not a myth at all, but rather a truth, areality, a to lace-up his sneakers and play basketball tragedythatexists today. Thousands uponthousands ofpeopleare testing HIV-positive and again for Team USA in the Olympics. I envision the highlight film showing Team USA are facing a life with AIDS. They will not playing forthe GoldMedal downby 1 with 10 receive the same responses that Magic gets. seconds left on the clock. Barkley grabs the Yet, ifMagic can usehisrole onthe Presidendefensivereboundandgivesaquickoutletpass tialCommittee to get the message to President to Magic, who starts thefast breakand quickly Bushto increasegovernment spending onAIDS brings the ball upcourt, dribblingbetween his research thenperhapsacurecan befound. More legsand stopsat thetopofthekey.Withasmile needs tobedone nowbyour government before onhisface and sweatrolling down his chin, he AIDS takes from us scores ofpeople who die does a quick stutter step, loses the defense, because ofalack ofa cure. If this was a death drivesto the hooplooks towardJordan, fakes toll of an attack on American citizens living thepass to himand quickly reverses theball in abroad orofan ally country that was invaded hishandsand flips itto Larry Bird inthe corner. and its oilreserves taken control of, then we The clock shows butjust 5 ticksleft. Bird starts would see billions more being spent on reto take the three pointer but while in mid-air search. Itis time that the government got the changeshismindand dishesback intothe lane message to increase funding toAID Sresearch to Magic, whowithjust 3 seconds left, gives a because the disease is killing American citione-touch, no-look, behind-the-back pass to zensathomeand AIDS isnotgoing tobecured Patrick Ewing, alone under the basket, who by magic- and thatis no myth. takes thepass, grabstheball,jumpshighabove public that AIDS is not just a homosexual NOTES ON CAMPUS Blum Moves for Contempt Order On January 24,1992 Professor Jeff Blum was given leave to amend his com- plaint and given a court order for pretrial proceedings to begin onFebruary 21,1992 beforeUnited States Magistrate Judge, Hon. LeslieG.Foschio. Assistant AttorneyGeneral Douglas Cream, was in the Appellate Division and declines to comment until he has seen Professor Blum's motion papers. Professor Blum is presentlycontending that Mr. Cream is using FederalRule 30 (a) as a basis ofsuperceding the judge'sorder and that discovery need not beg inuntil prelimi- wonBest Briefandreached theQuarterfinals arguing both points ofher award winning brief. The issue to be argued was whether a woman convicted of child abuse could be givenasaconditionofprobation therequirement ofa Norplant surgical implant, an new contaceptive device. The Food and Drug Administration onlyrecently approved this device. Ms. Danzi was one ofthe few solo competitors in the Moot Court exercise to reach the Quarterfinals. Her opponent eventually went on to win the competition. The Opinion congratulatesMs. Danzi onher distinguished performanceand notable representation ofUB Law. nary matters are settled. BLSA Gets Lawsuit In response Professor Blum has deDismissed cided to move for contempt ofcourt orders 26,1992 alaw suil bya OnFebruary against Dean Filvaroff, President Greiner artistagainst theBlack Law Studisgruntled andProfessors Freeman and Mensch. UnidentAssociation (BLSA) totalling $756 was versity policy prevents comments court. Ulysses in dismissed small claims fromdefendants whilethecase is beingtried Moultiere, Vice-President ofBLSA in the in court. The contempt tactic is to compel 1990-91 academic the s argued group' year, discovery ofthe defendants or they run the successfully. risk ofsanction after March 18. A second case The legal action arose from atransaccontempt order will be attempted against tion between theartist, Mr. Ernie Stephens, Dean Carrel, Acting ProvostLevy, Professors Schlegel and Ewing would face similar loaning artwork to theBLSA fora 1991 Black History Month display. Mr.Moultierewasa sanctionsonApril 3. "The judges order and directive were named co-defendant inthe action by virtueof veryclear. Mr. Creammaderepeated efforts his signing out theartwork on behalfofthe to get the judge to postpone depositions. BLSA. The StudentBarAssociation (SBA) They were consistently rejected and he is and theBLSA were also named in the suit. Erika Raymond, President ofBLSA, nowflagrantly disobeying thejudge'sorder. noted that the BLSA had tried to return the It looks very much like defendantsare exartwork during themonths beforethelawsu it tremelyafraid ofwhat the depositions will but wererebuffed Stephens whoeither show. Ireally haveno choicebut to seek some refused to acceptbytheMr. artwork or closed his sort ofcontempt order from the court," exat a shop making for weeks time receipt plained Blum. to its efforts resolve the impossible. Despite Arguments will be on Wednesday matter the received notice BLSA amicably, March 4th at 10:30 a.m. in Federal District ofa lawsuit in November 1991. " Theartwork Judge Skretny'schambers. wastagged worth$250andhesued us fors7s6. Danzi Wins at Duke It'sobvioushe didn'teverwantto settle this On the weekend ofFebruary 21 -23, issueoutsidethecourtroom,'' remarkedMs. 1992 SUNYAB third year law student Raymond. Kimberley Danzi participated in the Rabbi For the present display adorning the SeymourSiegel Memorial MootCourtComglass case outside the Charles B. Sears Lipetition held at Duke University School of brary, theBLSA hasuseditems on loan from Law. Ms. Danzi, representing the petitioner, its members. �byJoiCary An ILS Presidential school and hosted a very successful Conference on international law. Not only did we havegreat panels and informationmadeavail- able to us, but the ILS is planning to use this information as a springboard for an International Law Journal. Additionally, the Roundtable Discussion on adapting the law school curricula hopefully will makean impact in ourown schooland help to expand the internationalstudies and programs available. As Dean Filvaroffstated in his general welcome at theConference,therewerealotof peopleinvolvedinthisventure. Theymayhave been too numerous to name then,but Iwillnow try to givecredit to the parties that deserve it. The initial thanks goes to the original Conference Committee, which came together in January, 1991. This groupworkedlong and hard tomake aConference happen in September, 1991,but due toinsurmountable logistical difficulties" that event had to be postponed. WhenILS decided tocontinue withthe project inlate September, 1991,about 60% of the original group was not able to participate, a perfectlyunderstandable happening in light of the trauma that was incurred due to the postponing ofthe firstConference. Itwasavery emotionalandhighlychargedtime. Thefoundation that this group formed was the basis upon whichthe 1992Conferencewasbuilt,and I wouldlike to thank themfor sticking with it as long as they did. The original idea for this event belonged to Kimberley Danzi, and she deservescredit for the initiallaunching ofthis project. I would like to thank all the student groups whichbecame involved to help make this dream a reality, especially LALSA and theHibernians for theirsupport early on in this venture. It was thelittle pieces that, whenput together, made this event come to fruition. To this end I would thank the Asian-American Law Students Association, the Student Bar Association, the Criminal Law Society, the NationalLawyers' Guild,theBuffalo Environmental Law Society, the Federalist Society and theGraduate Group onHumanRights Law and Policy. Ithinkthattheentireschoolshouldknow whatatremendousefforttheConferenceCommittee putforth to make the 1992Conference Theydidanenormousamountofwork Jer to make this successful. The Coordinators oftherespective panot only assembled the panels, but they made sure thattheirpanel fit within the entire matrix ofthe Conference Agenda, not an easy task, I assure you. They are: DianaCrespo, Aida Reyes and MadelineFinesmith, Far East Panel; Shirley Sostre-Oquendo,LatinAmerica Panel; JohnMartin,Intellectual PropertyPanel; Darin Bafani, CareerPanel; Thomas Nusbaum, Public International Law Panel; Pat Whetzle, Environmental Law Panel; Monalgram,International CriminalLaw Panel; Laura Vasquez, Roundtable Discussion; Lisa Doboseiwicz, Immigration Panel; and John Oleniacz, CentralEurope and theFormer SovietUnion Panel. TheMarketing Committeedidafantastic job in obtaining over $ 1400.00in advertisement sand donations. Thanks to Bob Sisson, and Simon Conte. ThePrinting Committee didaverythorough job from the beginning and met their responsibilities with amazing efficiency. Among otherthings, they were responsible for the flyers, the posters and the registration packets. Mark Conklin,Director Registration Committee and Glen McDonnell, Director Printing Department, you two did a great job. Kity. Thank you to thefund raising andbagel salepeople who stuck withit throughout the last 1.37semesters; the moneyraised through these efforts was a central part ofthe money making scheme. Thelaw school administrative support cannot go unnoticed; Cheri Tubinis, Anne Gaulin, Carolyn Schrauger, Barbara Premielewski and Dawn Skopinski were an essential part ofgettingalot ofthe nitty gritty work done. Theirhelp was greatlyappreciated only secondarily to their perpetual positive attitude, which on darker days, made life a little brighter. Thank You. We will be forever indebted to Ellen CiibsonandTerry McCormack forproviding us with the necessary audio-visual equipment and the personnel to operate it. Terry and his staffwerevery understandingandenormously helpful with ourmanylast minute changes. Thank you to Nina Cascio tbrhergenuine interest in ILS and support for ILS activities. Additional thanks goes to: EdMoy forthe wonderful ILSlogothat appears onthe frontofthe ILS T-shirts. Lester Meza for delivering the many faxes that we received. Hope Olssonfor designing thefinalprogramand finding a printerthat wouldbillSubBoard I. The Office ofConference Operations: Sally Catalano and Eric Schuster for their interest in making this project run as smoothly as possible. Eric hasreaffirmed my faith in humanity. 5.8.A., especially Brian Madrazo, for helping to finance this venture and for letting us use their office during theactual event. Dawn Baksh for her extreme patience duringthe past few weeks. Barbara Hurley forkeeping me sane. Ilene Fleischman and the Alumni Office forproviding us withpresscoverage, UB Law Folders, UB Law name tags, mailing labels, the U B Law Bannerand for helping us obtainalumni support. The' 'Clutch Team" ofJohn Oleniacz, Barbara Hurley, Michael Radjavitch and Shirley Sostre-Oquendo for efficiently handlingall ofthe major and minorcatastrophes that we encountered along the way. Professor Edward Beane and Professor CharlesTrzcinkaforbeing so understanding. Elizabeth Mensch and Alan Freeman for agreeing to participate in the Roundtable Discussion, offeringtheir viewson whatneeds to be done to strengthen the international program at UBand being willing to contribute to thatend. Canada-U.S. Legal Studies Centre for sponsoring thekeynote speaker. Theactual executionof the Conference wasperfectly orchestrated. The entire Conference Committee pulled together beautifully and made it all look so easy. John Oleniacz, BarbaraHurley, ShirleySostre-Oquendo, Mark Conklin, GlenMcDonnell, MichaelRadjavitch, Karin Stamy, Bob Sisson, BobKearney, Sharon Nosenchuck, Diana Crespo, Paul Roalsvig, Marissa Briggs, Kirn Danzi, Simon Conte, Laura Vasquez, Sara Hewitt, Constantine Karidesand Angela Gottdeservea hugeround ofapplause for theirtireless efforts in admin- istering the final project. John Oleniacz, warrants special thanks asherose tothe occasion and took overtherole ofVice-President and Assistant to theDirector at a time whennew strength was desperately needed. Hemadebusinesscards,coordinated a panel, held meetings and spent many sleepless nights along withme hammering out the detailsofthis monster thathad been created. Janusz, I would have been lost withoutyou. Ofcourse, Virginia Leary deserves alot ofcredit. She became interested in this project afteritbegan, but once involved, sheputforth a wonderful effort and helped to make it a success. She was able to get us "heavyhitters" for the panels as well as Edward Broadbent for the Keynote Speaker. She was also instrumental in obtaining the grant from theFord Foundation. Thank you Virginia, I lookforward to working withyou on theInter- national Law Journal. I wouldsend out my warmest personal thankyou to LauraMangan, AssistantDirector of the Canada-U.S. Legal Studies Centre. Withoutherhelp, this project would havebeen impossible. Sheofferedcontinualenthusiasm, encouragement and support toaverywearyILS Presidentand ConferenceCommittee. In additionto her daily plugsofenergy and inspiration, fromthe very beginning I auraprovided us ThankYou with the necessary information to make this venture asuccess. She made herselfavailable on adaily basisto help usovcrcomethe seemingly "insurmountable logisticalproblems'' that we encountered, and did so with that wonderful disposition that we have come to know and appreciate. Laura this school wouldbe sunkwithout you! I have thoroughly enjoyed working with theentire Conference Committee and would like to further thank them for the motivation thatthey provided for me and to each other. Everyone supported everyone, and this was a very important pieceoflhe puzzle. I have never witnessed such a strung show ofsupport and dedicationand I look forward to working togetheron strengthening the international programat ÜB. Andlast, but certainly not least, I would like to thankalloftheparticipantsofthe 1 1>92 Conference forattendingand participating so fully. UBwas definitely verywell represented and weleftapositive lasting impression in the eyes ofall who attended. Of Life, Law, & Bush-League Politics by W.F. Trezevant, Staff Writer When does it all stop? When will the and bickering over issues of dickering petty miniscule importance cease to occupy such a large part ofour daily life, and efforts? Recently, the SBA was informed that we have earned a free party from Mulligan' s Bar. This was due to the success of the the previous partiesorganized bythe SBAand supported by the students. Scot Fisher, a 2nd year Class Director, informed the SBA that various student groupswere planning a fundraiser forthe Commentary Muhammad I. Kenyatta Memorial Scholarship Fund. It appeared to beaperfect match. However, Marc Hirschfield, a3rdyear Class Director, moved that theparty, and proceeds from this party be given only with "strings" attached, namely that the criteria for the scholarship not include race, and the SBA passed themotion by al4 to 2 vote. Thus what began as a great idea has turned into a battlebetween anti-affirmative action forces, and honest students who simply wish to give to the memory ofsomeone who gavesomuch. Whyis it sohard to honorthe memory of ProfessorKenyatta who gave simply to give? Indeed, the very idea of giving money to a scholarship fund which would help bring another student into our halls and classrooms withconditions foracceptance does violence to the very lesson which Professor Kenyatta attempted to teach and in fact lived. Perhaps the present Class Directors skipped class that month. How selfish wehave becomewhen we demand everything ofa professor, yet we expect to give only in very narrow circumstances. So what ifthe criteria includesrace? Race and rac ism wasapartofProfessorKenyatta's very existence whichadded to whohe was and what he shared with us all. To negate something which was fundamental to his existence just does not make sense. Rather, the recent decision by the SBA represents an attempt at introducing petty, personal, anti-affirmative action politics into a very simple decision. (Note: Itwas this sameClass Directorwhocowrote theanti-affirmativeaction diatribe... I mean letter to the editor in the last edition of theOpinion.) We should give in themanner in which weweregiven to byProfessor Kenyatta, freely. Personally, the SB A mayhave overestimatedtherelativeusefulnessofa' 'FreeParty", theuseof "SBA" in its promotion, and the overallvalueoftheproceedsfrom the party. In thelargerpicture,regardlessoftheamountof thedonation, it pales incomparison to theother monies donated,and more importantly to the contribution ofProfessor Kenyatta to thisinstitution. It would be nice to see the SBA leave politics out ofthisone decision,however, ifthe SBA cannot,quite frankly, I amoftheopinion that ourpresent SBA group should justkeep the damn money, because life will continue. By the way, the people in charge ofthe Memorial Fund never contemplated a racebased criteria, and in fact, Mrs. Kenyatta specifically asked that race not be an issue. It is time for the SBA to quit playing in BUSHLeague politics ofrace, racism, and give to give, because it is right. An Open Letter to the Administration: Nowthatthesecondsemesteriswellunderway,many first year studentscan be seen scurryingaboutthe law library orbleary-eyed fromtime spent infrontofcomputer screens, in part thanks to the present manifestation ofthe Research and Writing Program. The "volunteering professors ought to be commended; the mix of substance, research and actualwriting so farare a welcomeaddition. Firstyearexposure to tenured professors in smallresearch and writingsections create a terrificopportunity which onewould be hard pressed to find at other law schools. The professors and their assistants are doing an outstanding job, but they cannot be expected to be the cure all—apparently a classic paradigm of 'too little, too late.' Theeventsoflastfallarenotandshouldnotbeforgotten. Deficiencies are brutally apparent every time someone has to "bootstrap" research or "blufflegal writing for the present program whose instructors expect their students to already know the particulars whichthey have yet to be exposed to. Is it not justabit shocking thatnumerous first years feel prohibitedfromcompeting in the springCasenoteCompetitionbecausethey nave never seenaßluebookletalone understand itsproper implementation? Every timeastudenthas to explain thelack ofawriting sample toaprospectiveemployer, the practical shortcomings ofthe present program are clearly evident. How should one react to an interviewer's comment' 'Oh, that'sjust Buffalo, weneverknow whatthey are up to?" No one should beforced to make excuses for something that the student body hadno control over. Thejob marketis tight enough already. The memories ofthefall will be especially vivid whenthe rejection letter comes and onecannothelp but wonder upon whatcriteriaitmayhavebeen based. Questions stillremain to be answered: How didallofthis happen and will it happen again? What will bethe status ofResearch and Writing for the Classof 1995and will those perspective students be informedofwhat waitsfor them or will they be duped into coming to Buffalo under false pretenses. Furthermore, one cannot help but wonder, among law schools, where didBuffalo rank five yearsago, where doesitrank today, and where will it rank in the future if its graduates are not properly equipped withthe tools that the legal community expects and demands? Please do notapathetically sweep these issues under theadministrative carpet ofO'Brien Hall-beresponsible and planahead when considering next year'sprogram. —Concerned Students March 3,1992 The Opinion 7 �From the Desk of the President byBrian P. Madrazo outside the SBA office and in the mailroom. moving 0n... GRADES: A brief update on the status of late grades. Unfortunately the second setofletters to President Greiner, University Council, the Faculty Senate and the United University Professionals needed to be sent as four first year grades are still have not been turned into the registrar. Additionally, I have filed acomplaint with the Faculty Student Relations Board requesting intervention into the status of late grades at thelaw school. Thegrade deadlineis generousto a fault. Failure to get grades in on time isinexcusable absent anextension ofpaperdeadlines, illness or emergency. To date, no professor has approached eitherthe SBA ortheadministration with any such reasons. Therefore the SBA pushes ahead with our continuing effort to improve the quality of life for students on campus. Unfortunately, in the process, the actions of some professors reflect upon the entire faculty. This is not about battling thefaculty on this issue. Quite frankly 1wouldrather spend my time working withthe faculty and administration to solvethis budget crisis orimprove course selection or a myriad ofotherareas in the law school. However, responsibility for finishing course workisdemandedof students. It should therefore be demanded from our professors. moving 0n... BUDGET HEARINGS: Budget Hearings forallgroups requesting money for next year are schedule for the week ofMarch 16th. Signups are available outside the SBA office. You must send a representative to defendyourbudget, soifyou havenot signedup get moving! moving 0n... PETITIONS Allpetitions forExecutiveOfficerpositions in the SBAare dueby close ofbusiness FridayMarch 6,1992. Allpetitionsfor UniversityCouncilaredueby Friday March6,l992 in the StudentAssociationofficeinTalbert Hall. Please note that you areresponsible for meeting The Opinion deadlines. moving 0n... ELECTIONS: There will bean election forum sponsored by the SBA onMonday March 24,1992 from3:3op.m.tos:3op.m.inroomlo6forboth University Council andExecutive officers. I urge all students to attend and listen to the various posisitons of the candidates. The elections will be held March 25 and 26 from 9:00 a.m. to 4:00 p.m. in front ofthe Law Library. moving 0n... MEMORANDUM Dean Filvaroffand Faculty FROM: The Student Bar Association Late Grades RE: February27,l992 DATE: To: Today is February 27,1992. Pursuant to guidelines establishedby theFaculry the deadlineforturning in gradesforthe fall semesterwasFebruary 15,1992. Asof4:()0 p.m.today thefollowing Professors and instructors have notcomplied withthat deadline: Name Respectfully, The Student Bar Association SBA: Up Close & Personal CLASSREDUCTION: This Tuesday andWednesday thefinal elections for the various commencement speakers and awards willbe held from 10:00 a.m.to3:oop.m.infrontofthe Law Library. All third years are eligible to vote in the election. Please be prepared to show the registration tabler your I.D. The people on the ballot represent the top five and ties from theinitial elections held last Tuesday and Wednesday. The winners will be posted Thursday morning : ...Marcusi continued frontpage 1 a sexual object- a form ofreduciionism and invalidation. However, the feminist community spliton this issue because they could not agree on what exactly qualified as pornography. Since thegoalofMacKinnon'sproposed ordinancewasto link harm to womenand male behavior, an unclear definition made it difficult to show cause The discussionofpornography grew into the second featured area, hate speech. Pornography count as hate speech because the negativedepictions ofwomen allegedly could not be done by someone who "loved" women, therefore, the reverse must hold true. The 8 The Opinion LASTLY: As usual ourweekly SBA meetings are open to all students. We meet at 7:45 p.m. every Wednesday inroom 706 ()'Brian Hall. As an aside the reason our meet ings are at that time is due to room availability and Board availability. It quite simply is the only time each week when every Board member can attend. So I apologize for the inconvience of thehour and I hope to see you there. Have a greatspring break!! ACLU, with which Prof. Marcus disagrees though she is a self-confessed card-carrying member, believes hate speech should not be legislated, and instead bemet withmorespeech. However, duringthe Eighties, Critical Race Theory emerged to challenge that position. Black scholars noted that there was a presumptionthat all speakers in society spoke from an equal basis Those inpowerhad greater access to media, and the abiltiy to shape and decidethemessage. A society that did not take action against hate speech tacitly supported it, they felt. That forced the targeted person to fight backfrom adisempowered position, which made them virtually helpless. March 3,1992 No. of Students First YearCourses 90 l.Steinfeld Property Criminal Sect. 90 Law 2.Ewing Criminal Law Sect. 90 3.Ewing ConstitutionalLaw 1 2Q 4.Kannar TOTAL: 360 Upper Class l.Steinfeld Public Utilities 14 2.Kannar Ethics/Law/Politics 15 3. Headrick Canadian Legal Studies TOTAL 29J: 390 GRAND TOTAL andresponsibility coursework haveaduty tocompletetherequired Justas students within the time frames established by the faculty, the school and the University the faculty have a dutyandresponsibility tocomplete and post gradesforstudents whohave completed theirobligations. Unfortunately, thefailure to meet the deadline established by the faculty is not unique to this semesterbut rather is acontinual one, which seems to be getting worse and notbetter. Pursuant to the SBA' smemorandum ofFebruary 17,1992 the second set ofletters have been sent out to the proper parties. As President lam in the process of filing withtheFSRB a complainton the behalf ofeach and every student stillwithout grades. GROUP HAPPENINGS: The Black Law Students Association justcompleted very sucessful Black History At anemergency meetingofthe SBA the Month. Various speakers and events were Board voted to send a letter to the faculty planned throughout the monthofFebruaryand expressing ourconcerns withamemorandum werewellattended by boththeLaw Schooland circulated among the faculty discussing the the community. Congratulations tothemempossibility ofreducing the incoming firstyears bersofßLSA. TheInternationalLaw Society hadtheir class sizeby onefull section. This was not, as International Law Conference this past weeksome faculty chose to color it, student overend. fromaround the world were a Speakers reaction to ideas proposed among the faculty. part ofthisconference which has been nearly Indeed theletter took pains to indicate thatour year a full the planning. Congratulations to in response was simply in thetradition ofthe first ILS. memorandum, offering our opinion and The Hispanic National Bar Association suggestions as to the proposal. had a regional conference at UB this past Basically ourresponse is that adecision weekend hostedby JavierVargas, memberof ofthismagnitude should not bemade untilall LALSAandregionaldirectoroftheHSNßA. ofits ramifications are discussed by faculty, students and administration in committee, Congratulationsto Javier. informallyand in open faculty meetings. Only moving 0n... then shouldsucha decisionbe made. TheSBA WHATISONTAP: feels that there is simply not enough time to The Buffalo Public Interest Law Proimplement such a planthis year as acceptance gram launches its Pledge a Day in the Public letters are going out to incoming first years Interest Pledge Drive the week ofMarch 16, already. 1992. Last year almost 20,000 dollars was moving 0n... pledged by thestudentsand faculty oftheLaw COMMENCEMENT School. Goodluck toBPILP. moving 0n... ELECTIONS: CourseName by Natalie A. Lesh, iBusiness Manager Two weeks ago, an emergency SBA meeting was called in order to discuss the proposal that next year's entering class be reduced by one-third. Here is what your representatives are saying abouttheproposal: •"Whenlheardaboutiheideaofcutting down the size ofthe school by one section, I knew ithad to bea Schlegel thing because it sounded wacky."-MarcHirschfield, ThirdYear Class Director "We should carefully examine the issue to determinewhetherareductionofquantity would eitherharmor benefitthe qualityof the education offered.''- DarrylMcPherson, Third-Year Class Director *"I would hate to seean individual's access to the only public law school in New Yorkto be undermined solelybecause ofthis University's budget problems."- Sarah Swartzmeyer, First-YearClass Director If this is a reaction to the budget problems, then itdefeatsthepurpose. Areduction in incoming students willbe followedby areduction instate funds. Further, when we, as alaw school, do not presently have the useof all therooms in ourown law school-including the Moot Courtroom- aone-thirdreduction in class sizewill proportionately decrease useof the law school building. Less students, less funds, less classrooms- bad idea."- Kevin Collins, First-Year Class Director �"Size isn't everything."- Scott Rudnick, Second-Year ClassDirector On a different note, this week's SBA * *" Attempts to address these concerns through hate speech codes are problematic. Many times, other avenues within the law exist to combat the extreme expressions of hate. Hate speech ordinances, unless very carefully drafted, could easily be seen as overbroad. When society tries to take into account the victim'sperspective and pain, it risks violating the First Amendmentrights of all its citizens. Prof. Marcus ended the main part ofher colloquy bynoting theconditions in China, where penalties for speaking one's mindresults inaculture in whichnoone knows what anyone elseis thinking. The floor then opened up foraquestionandanswerperiodthat meeting promises tobe especially interesting. A few weeks ago, Second-Year DirectorScot Fisher informed the SBAthat various student groups were planning to raise money for a Muhammad KenyattaMemorial Scholarship. MembersoftheSßA were eagertosupport this project,althoughthere was someconcern as to howthescholarshipwoukibeawarded. ThirdYear Director Marc Hirschfleld made a motion that money made from the next SBAparty should be donated to this fund, as long as the criteriafor awarding the scholarship would not includerace. The motion passed. At the mostrecent meeting, ScotFisher gave notice to the Board that at this week's meeting he would make a motion to rescind Marc Hirschfield's motion. Scot believes that putting such a constraint on the scholarship before itis even officially formed is undesirab.e. Also, the ultimate decision-maker with respectto who isawarded the scholarship will most likely beProfessor Kenyatta's widow, Mary, and Scotfeelsthatitis unfair toput such limitations on her. Thedebateonthistopic will belong and heated- eachDirector will undoubtedly want to make some sort of statement. But what is crucial to this issue iswhat we, the students of this law school, think. If you are at all concernedabout the formation ofa scholarship in Professor Kenyatta's memory, this meeting involves y_ou The Class Directors want, and desperately need, outside input if they are to resolve this issue in a fair and reasonable manner. What else can I say? Be there! covered issues regarding pornography. Title VII, and comparable worth. Out of that period came an interesting proposition forlaw students. Inthepast,Prof. Marcus wantedastudent group to show Behind the Green Door, an earlyporno movie, in order to spurdiscussion onpornography, and to explorethe various reactions that wouldaccompany the presentation. Women are morecomfoiiabletalking aboutthese matters than men, she found, probably due to women's greater likelihood to think about gender issues. The screening did not happen then, but Professor Marcus would like to see it happen now if studentgroupsare willing. �Movie Review: Mississippi Massala Two Outsiders Find Each Other by Renee Walner Relationships between couples ofdivergentraces orbackgrounds hasbeenarecurring cinematic theme throughout the years. WestSideStory. Guess Who's Coming ToDinner, and the recent Jungle Fever are a few examples ofthis genre. Mississippi Masala, a winsome new film by the director MiraNair, marks thelatest entry and works the theme in arefreshingway. Whereas some filmsbroach the topic by presenting characters that are merely stereorypesorcaricatures,A/ijsWJipp/ Masala is quiet, subtle,and light. MississippiMasala depictstherelationship betweenMina(SaritaChoudhury),ayoung modernIndianwoman whoat 24years oldlives with her traditional parents, and Demetrius (Denzel Washington), a dedicated, serious, youngblack manwho declined to go tocollege inorderto remain nearhis widowerfather.The film deftly captures the strong bonds each shares with their respective families. Mina and Demetrius are both considered outsiders in Mississippi. Mina, because she is Indian, and Demetrius, because he is black. The director and two leads deserve creditfor subtleperformances that donot make race seem to be an issue. Though theblack and Indian characters who meet in the movie feel acertain affinity for each other, there is still an underlyingfeeling o funeasiness. The beginning ofMississippiMasala is quite riveting, and sets a distinct vision that lasts the entire movie. The film begins by depicting thelast daysMinaand her parents' spendin Uganda in 1972, where they livebefore they are expelled withthe ascent ofIdi Amin to power. Mina's father, Jay(Roshan Seth), is ...Israel's Neighbors continued from page 5 The nature ofthe militaristic Arab dictatorshipsand monarchies is furtherelucidated by theirso called support for theso called Palestinians who are occupying Judea and Samaria. The nations who claim that these poor Palestinians who are so oppressed living in Israelare the same nations whoparadoxically ordered the murder 20,000 oftheir own people inDamascus, Syria, the gassing oftheir Kurdish minority with napalm is Baghdad, Iraq,thedeath penalty for any personwho uses Mohammed's name invain in Tehran, Iran,the international bounty for Salman Rushdie, the author of The Satanic Verses in the same country, and the sabotage ofthe Pan Am jet over Lockerbie Scotland, killing almost 300 including over 40 Syracuse University students in Tripoli, Libya. TheArab world cares not one iotaforthe Arabs living inlsraelandit's administered biblical territories. They simply poison these people' sminds, passionately enticing them to believe thatan' 'Intifadah'' will liberate historicPalestine and thattheir eleven year oldchildren should throw large rocks at the eighteen and nineteen year old children who make up the majority ofIsrael's soldiers in the territories. Following the defeat of Iraq in the Persian Gulfwar, the world was optimistic that peace between Israel and its Arab neighbors could finally be achieved. With Kuwait and Iraq in ruins, the environment and the water supply ofthe entireregion injeopardy, thehope was thattheArab world woulddoaway withthe status quoand say enoughis enoughby collectively recognizing and making peace with Israel. That Utopian idea was what President Bushmeantby the "newworldorder." Nosuch actions were taken. The attacks on Israeli buses and villages continue to thisday. TheArab lobby in theUN is live and well, soaked in oilrevenues, spewing itsAnti-Zionistrhetoric, which ofcourse is apoliticalguisefortheirvirulent opposition k> any Jewish elementresiding in the Mid-East. According to Saudi Arabian law, Jews are nol evenallowed on Saudi soil, an exception was conveniently made for Jewishtroops fighting King Fahd'senemy inthe gulf. a journalist and the third generation of his familyto livein Uganda. Though he is oflndian heritage.he has never seen or visited India. Jay hasachieved moderate success, and thefamily lives in hilltop splendor, surrounded by the dazzlingbeauty oftheregion. Jay is devastated when Amin orderstheexpulsionofall Asians. Afterbeingarrested, and feeling betrayed bya good friend, Jaybegins to feel like an outsider. Heand his family leave all their possessions behind to begin a new life in America. In 1990,Minaand herfamily are living in Greenwood, Mississippi where they run a motel with Indian relatives. Mina and her fatherarewistful and long for something more. Mina's fatheryeamsto be back in Uganda, and busieshimselfin a lawsuitagainst the government in an attempt to retrieve his property. Minahas become a beautiful 24 year old, and onlyachieves acertain contentment whenshe meets Demetrius. Mina and Demetrius first meet in a car accident, and in subsequent Rex Imprimatur , byJohnß.Licata, Editor in Chief I received yet another Dear Johnrejection letter. They're all alike, with the regret that a person of my unique qualities will definitely succeed albeit somewhereelse. I have a vague suspicion thatthe post officehas set up dummy partnerships to generate an endless supply of first class mailthatis really going nowhere. Inatruesenseofgovernment waste, the firms usually send arejection on stationary that costs more than twenty-nine cents per sheet ofpaper. Themadscramble for employment has yet to pay offin an offer,but at least my fireplace has no want offuel. Of course, withtheamountofmoneyl'vespenton paper, stamps, envelopes, telephone bills,copying serviceand atherapist I could have paid off the heating bill for my entirecity block. I'll leave that to the Neighbor-4-Neighbor heat fund. I am oneofthousands uponthousands of meetings develop an affinity for each other. students around the countrypresently looking However, a chance encounter witha friend of forworkand scared offinding it. Theamount Mina's family shatterstheirclandestine relaofletters thathavebeen carefully craftedand tionship. on their way to Denzel Washington as Demetrius, reviewed that are currently "not today, thank you" is beyond a getting achieves an easy-going naturalness, and has comprehension. The junkmail, the bills that never played a role with more warmth or tenderness. Sarita Choudhury, in her film won't be paid until ared inked FINAL NOstamped onthe front ofthe envelope debut, is quite good, andperforms withdistinct TICE is and those shopping catalogs filled withnoseease and nonchalance. Particularly good is removers, curio cabinets and shopping hair Mina's father Jay, Rolshan Seth, who captures calculators have to place a terrible burden on a distinctyearning and melancholy, oftenseen our ecosystem. All that waste and my ecoin the eyes ofmany a person forced to leave nomic condition stillhasn't improved. theirhomeland. But as I watched the crisp piece of stationaryburn in my fireplace,withthewords ''toxic - do not burn" momentarily framedby For thosewho stillview Israelas the greedy orangy flames, I realized that I would aggressor rather than the victim ofthehatred have to do some moreresearch ifl wasto have and fanaticism of over twenty surrounding achanceofgettingapieceoftheadvocatepie nations, ask yourself what would happen if Israel, anationthe size ofNew Jersey were to in these tough economic times. Perhapsusing give up the West Bank, the Gaza Strip the a dartboardand a shredded copy ofthe 1985 Golan Heights and East Jerusalem andbecome Martindale-HubbelMiaS" its flaws as a job anation smallerthan Rhode Island defunctof searchmethod. Given therate ofchange in law firms today it'snot surprising that mostofmy secure borders. Ifyou still are not sure ask any letters were addressed to the wrong people. or Jew ofArab origin Avia Elizade's father. Usingthe wrong gender in agreeting can't help $ 100 REWARD Someone has taken the UB Law Banner over the weekend, and we need it back! Contact llene Fleischman in the Office ofAlumni Affairs, 310 O'BrianHall,(636-2l07). that the legal system should institute some- thing similar to the National Football League draft system and the employers who actually havejobscoulddraftwould-beattorneysstraight out ofschool. The waste ofpaper would fall, and while the post-office rates would more thandoubledue to thedrop involume, American worker productivity would increase dramatically and medical claims by overladen postal carriers wouldcease. Studentscould go to regional try-outs for several weeks and scouts from the variousfirmscould givethem a look-over in various associate skills tests, including, but not limited to: laughing convincingly at the senior, orany, partner's jokes, acting sincerely pleased to be doingresearch for your third year in arow, and repeating the firstyearassociate mantra, "I'm content not to know what a court room looks like.'' Court-TV could coverthe event in the manner thatESPN covers NFL draft day and the students could holdoutforbigger contracts, formaunion, have the union get broken, and finally go into the lucrative endorsement field. Those students not draftedcould arriveat training camp for try out positions with their blue suits and shiny shoes. A proliferation offree agent "rainmakers" has already occurred as the business generating partners are shopping theirtalents around to other firms. It's obvious thatsuch a power shift in the students favor would make themhappier workers and substantially more generousalumni. Ofcourse, theaverage career length would plummet as attorneys went into broadcasting for the many local affiliates of Court-TV. Law schools could be cited for recruiting violationsfor trying to get a gifted oralist into its Moot Court program while ignoring the applicants essential law school prerequisites: GPA, LSAT scores, and assets over liabilities ratio. U nt'ortunately, the NCAA regulations and academic requirements wouldkeep many oftheprofessorsscrambling for loopholes instead ofdedicating their time to teaching. With these tough economic times finda either. I decided to flip through thetelevision ing job is going to take alot of ingenuity. stations, but the only attorneys on t.v. were Hiring a private detective for surveillance looking for clients, not associates. Fora few isn't out ofthe question. A few photos ofthe moments I gave thought to " falling downthe hiring partner with the wrongperson in a com- -- stairway but thelandlorddidn'tstrike me as an promising positioncould takemonthsoffofthe over-insured individual so I thought better of job search. Consider that money invested as thattactic. My low pain threshold wasanother seed money for employmentand hirethe detecfactor. I probablywouldhave blacked outjust tive before you take theMPRE. In the end it will inevitably turn on before falling and not been able to testify confidence and marrying one of persistence, regarding the condition ofthe stairwell. theboss'children. It's times like these that convince me ... Letters continued frompage 4 oftheReview depends on all oftheseabilities being present in all ofits members. I am not so sure, as are Mr. Bildner and Mr. Hirschfield, thathaving competitors write on different cases is unfair. Although I did not read 150some odd casenotes, I didread some whenthey werehandedin, andthere were salient differences which were completely unrelated to the particular case. A quick look at lastyear'shighestcasenote scores shows all ten cases to be fairly evenly distributed among the highest scores. I am nota statistics expert, but it seems to me that even if there were a correlation between high casenote scores and particular cases, this correlation is not necessarily aresull ofthe case itself, but couldalso be caused by the range ofabilities among the competitors who are randomly assigned the same case. Certainly no process is perfect, and I do feel that the Law Review, because ofits importance forpeople'scareersjiasaresponsibiliry to ensure that its selection process is fair. However, since so much importance is given to Law Review membership (as Mr. Bildnerand Mr. Hirschfield themselves note), I believe thatno matter what we do, no matter what our competition requires, there will always be dissatisfaction with our selection procedures. Itissomewhatakintothe faults we suddenly see in aprofessor,or in an exam, after we learn we have gotten a "Q." Lastly, there exista number ofreasons we do not post competition scores. The overall competition scores include grades, which are and shouldremain confidential, so the overall scores cannot be released. If we were to release only the casenote score, I'm afraid it would be all too easy for anyone to speculate as to people's gradesand as to who was offered a position through the personal cohesivefunctioning oftheLaw Review). As tothe problem ofwhether one should use their casenote as awriting sample, ifthefunction of a writing sample is to show someone your writing skills, I donot understand therelevancy ofknowing the casenote score. You can edit andre-edit your casenote, ask others to read it, or use something else ( like perhaps a letter to the Opinion). Sincerely, Margaret Phillips Executive Editor Buffalo Law Review Member, Margaret's Committee onFairness statement procedure. Because thewholepro- cess is anonymous, only the Editor-in-Chief and the Head Note and CommentEditor are privy to a competitor's identity and his or her casenote and overall competition score after the selections have been made. To make that information public would unnecessarily interjecta hierarchy among themembership (which Irealize is notaconcem for Mr. Hirschfieldand 1According to § 19(b)(5)oftheConstitution, theLaw Review's goal is to havethemembership ofLaw Reviewreflect thecomposition of the overall law school class. However, if theproportion ofracial minorities, economically dis;Klvantaged or otherwise handicapped students in the applicant pool is less thanthat ofthe overall class, our goal becomes having our membership reflect Mr. Bildner but which is a concern for the March 3,1992 The Opinion , 9 �...Jefferies continued frontpage 5 another newspaper that seats were allocated according to certain established numbers and in this newspaper that the audience was 80% African-American. Iwasoneofthemanywho stood in thecoldforoverthirty minutes and was not allowed to hear Jefferiestalk. If one ofthe reasons forbringing Jefferies to campus was to spread hismessage and have people learn from him, should not all students beallowed equal access to hear him, especially if every students' fees are being used to bring him here. Individually,many students voiced their feelings about Jeffriesand hiscoming to speak at ÜB. No otherstudent was as demonstrative in expressing his viewsas Mr. Jim Maisano, 3L oftheSCC.whodidagreatdealofresearchand put together a fact sheet on Jefferieswhich all law studentsreceived in theirmail boxes. Mr. Maisano believes that Dr. Jefferies is a very strange man. Mr. Maisano is ofthe opinionthat Dr. Jefferies is not a scholar,although, inMr. Maisano's view, healleges to be. Mr. Maisano called Dr. Jefferies a charlatan in thathe plays games with history to argue his points. He believes Dr. Jefferies to be a dangerous man who divides, not matches, Dr. MartinLuther King's views. Mr. Maisano supported Dr. Jeffries right to come and speak at ÜB. He believes inopen access and the use ofmandatory student activities fees to bring controversial speakersto campus. Hebelieves everyone. should see Dr. Jefferies for whathe is, whichis, inMr. Maisano' sopinion, aman ofbigotry and hatred. A large protest toDr. Jefferiescoming to speak at UB wasa strong possibility. Indeed, many wondered ifthis would be the primary outcome of L >s being here. The anticipated protests never materialized and the crowd outside, with which I stood for thiry minutes beforethespeech hen wecould not get in, was verypolite. Thiswa i pleasant scene for many and I was glad to observe it, yet it caught Mr. Norbert Higgins, 3L ofthe Federalists, by surprise. Mr. Higginshadnoproblem withDr. Jefferies appearance. He also agreed with student groups' useofstudent activities fees to pay forhis speech. Yet,Mr. Higgins expected morecontroversy, even possiblerioting. This, fortunately, never materialized. Ofallthestudentslspoketo,DanHarris, IL, had the most interesting reaction to Dr. Jefferies speaking at ÜB. Mr. Harris statedthat before Dr. Jefferies came to speak, he was against his coming. He thoughtthere would be riots because ofthe controversy between Jewishand Blackstudents. He thoughtDr. Jefferies would incite trouble. He even was concerned over a possible protest from the Jewish Defense League. Yet, Mr. Harris changed his opinion after Dr. Jefferies spoke. While he believed that the speech still had somewhat ofa antiSemitic undertone, hefelt that Dr. Jefferieshas a grossly exaggeratedreputation. Hebelieved that he was hasty in judging Dr. Jefferies. From the speech, Mr. Harris noted the idea that Jews and Blacks have similar enemies and that they should work together against such hate groups as the Nazisand the XXX. However, he wisedthat ifan individual Jewish person did something wrong that Dr. Jefferiesreferto the individual, and not speak ofa single occurrence as applying to all Jewish people Mr Harrisbelieves thatstudentgroups have a duty to bring in speakers to encourage peace. He realizes' that there are problems today between Blackand Jewish people. However,he wouldlike to learn how wecan all work agree. Yet, if it is so that people can hearhis message, learnand benefit from it, and have beneficialdebate onit,then I fully standbehind and applaud all efforts to bring the speaker on campus. As to Dr. Jefferies actual messageand writings, I offer no comment at this time. I knew verylittleofhimbeforehe spokehere, hi the interimbetweenhis speech and now, I have read some articles on him and one of his speeches verbatim. Yet, I do not believe in speaking or commenting on that which I am not, at least, fundamentally familiar with. I shall not make a judgment on Dr. Jefferies based onrumors or conjecture alone. I shall close by offering this idea. Dr. Jefferies has every right to raise the issueswhich heclaims he wishes toraise. Yet,these issues should not be used to incite or divide people. Rather, they should be used inorderthatpeoplecanlearnof their existence, debate on the problems, and learnhow wecan workand live together, as a whole, to solve the problems. We need to remember thedream MartinLuther King had. A dream to make the world a better place for people to live in. Thereis only oneway we can make this dream a reality- ifeveryone, Jewish people. Black people, and White people,work together as a whole, recognizing our differencesand making them our strengths. ...Mugel continued frontpage 3 bank,which was also the selleroftheproperty, in exchangefor a cancellationofthe mortgage. The taxpayer thenrepurchasedtheproperty for fair market value from the bank. The fair market value repurchase price was less than the original mortgage value. The first issue facing the court is whether the difference between thefairmarketvalue repurchase price and the original mortgage qualifies as debt discharge income or a purchase price adjustment. The second issue is whether the taxpayer can claim a depreciation deduction whenthe fair marketvalue ofthe depreciated property falls before theoutstanding recourse mortgage. U.B. Law School is represented by two teams. Mike JovntandRob Sardegnacomprise one team,and MahindraMarahaj and Anthony Fumerelle comprise the other. The competition culminates Saturday night at an awards banquet, wherethe winners will befeted anda splendid time will be had by all. So check outthe scheduleand come on down to the competition. It is sure to be informative and fun,andyoucancheeronour competitors as wellas meet people from other law schools. Mugel Com petition Schedule - Preliminary Rounds Thursday, Marchsth &Friday, March6thfrom 6:00 & 8:00 p.m. each day in the City Court Building, (Delaware & WestEagle). Semi-Final Round - Saturday, March 7th at 11:00 a.m., Rooms 106 & 107 UB Law School, O'Brian Hall. Final Round Saturday, March 7th at2:3op.m., MootCourtßoom inUB Law School, O'Brian Hall - ...Jessup continued frompage 3 a Honorable Mention Award for hisoralpre- sentation. Again the team was rather surprised at thejudging. The Ist PlaceOralist Award went together and makeMartinLuther King'sdream toa student from Case Western whose performance they felt although eloquent, lacked come true. I, myself,as a student strongly supported much substance. All the members ofthe team found the Dr. Jefferies' right to come speak at ÜB. I further support theuse, by a student group,of experiencea wonderful opportunity for develstudent activities fees to bring in, what many oping oratory and legal writing skills. The people believe to be a controversial speaker. Jessup Moot Court team willspend muchofthe However, my onlyconcern is that ofthereason remaining school year judging the Fasken for bringing in thehighly controversial speaker. Campbell Godfrey Moot Court Competition If the reason for doing so is just to cause for first-year law students which takes place this Spring. controversy and create publicity, then I dis10 The Opinion March 3,1992 Race, Poverty and Death by Gretchen Stork In onecase in northern Georgia, with a white victim and a black defendant, therewas evidence thatfour ofthe twelve jurorsbelieved the Ku Klux Klan did good things. Three thought blackswere geneticallypredisposed to commit crimes. The judge and prosecutor called the defendant Stevenson worked summers in capital litigationand had the experience oftalking to people on deathrow whohadnever spoken toa lawyer in their years on therow. Hewasstruckthen by how arbitrary the death penalty is, handed outo verwhelmingly to the poor, and mostly to poorminority group members. '' Capital punishment is synonymous withracial bigotry," Stevenson said, explainedhow Worse, the defense attorney himself said blacks were uneducated and did not make good - teachers, but good basketballplayers. race was writtendi reedy into the old criminal codes inthe Circuit justaffirmed Southern states. The this sentence, and in system made it a six months this man capital crime for a will have an execublack man to rape a tion date," said white woman, but Bryan Stevenson. there was no law at Thehorror thatis the all against the rape death penalty inthis ofablack womanby country becamereal a white man. "The Thursday eveningas double standards in Stevenson, Director the law are very of the Alabama much the profile of Capital Representathe deathpenalty in Resource Center, spoke to shocked law this country, and of course, the extra-legal ;ntsonrace,poverty,andthedeath penalty. lynchingswhicharepartofour racial history," He told of one 16 year old mentally he said. ' 'And there really hasn't been the lired girlon deathrow. She waspregnant change people would expect. We eliminated alocalairman'sbaby whenhelefther. She the Codes, but the thinking behind the Codes freaked out, aborted thebaby, and withanother continues." man,killedthemanwhohadrejectedher. Both Between 1930and 1972,when the Sushe and the man were sentenced to death. But premeCourtfoundthe deathpenalty asadminshe had no prior record, and, not knowing the istered to be unconstitutional, 88 percent of system, wentto trialand was sentenced to the those executed for rape were black men, and electric chair. Her criminal partner had a 100percent ofthe victims were white women, record and knew the system well enough to although the incidence ofrape against black guilty. He testifiedagainst herand gota women was at least twice as high as against sentence. She met her lawyer twice before the Stevenson pointed to threecases as be, which lasted less than 15 hours. The ing seminalin understanding the death penalty #tt<Hßsy<put;anrK> mitigating evidence, absointhis country. ThefirstwasFurman Georlutely necessary in such a case. Her appeals gia, in 1972,wherethe SupremeCourt said the brief had three case citations. death penalty was employed in a discriminaAnyone ofyou in this room would pro- tory arbitrary manner, though itdidnot overrule vide betterrepresentation simply because you it on racial grounds. The state legislatures care," Stevenson said. He isa gentleand softcame back withprocedural safeguards'' despoken man whoaddressed the subject with signed to get around Furman. barely contained indignation. From Harvard In Gregg v Georgia,the Courtapproved Law School,' 'that led me back into the deep Georgia's schemeofcapital punishment, saySouth, where ithas been an interesting and not ing without evidence to prove the "guided always happy experience to stand with death discretion''statuesdiscriminatory,withwould row prisoners, themost despised people.'' notpresumetherewasacorrelation withracial None ofthe obstacles facing criminal disparities. defendants are as intense as those caused by At this point, "folks like me started racial bias, he continued. During law school, K Kd v. .. J}BEtbaa±JiuBdcnriad:page Dark Marbles Shine in Rolling Performance byKevin P. Collins, Staff Writer Imagine, ifyou will, a single note, emitting from a guitar, stretching out across the stageovertheheadsofthe audience and lingering at the too of the audience, taunting and tantalizing your ears, suddenlyreaching inside of you and drawing your attention quickly aero ss theaudience, up on to the stageand back way ticket to the West Coast. Not to fear, though, for Yod found a replacement from Section 1 ofthe first yearclass, Captain Kirk, who played a great bass andsang two kicking leads. Theband also had anew edition, expanding from a three-piece to a foursome. That addition was on the keyboards, Kirk's wife, DizzyMissLizzie. Shegavethebandasharper, to the very same guitar from whenceit came. I did not have to imagine, for my attention was drawn to the guitarofYod Crewsy of yet fuller sound inagoodperformance. TheDarkMarblesplayedoveran hour's the "Dark Marbles." The band performed a live,midnightshowonSaturday,February22, at the Cabaret, located at 255 Franklin Street in downtown Buffalo. The performance lasted overanhouruntil 1 15 am. Sunday morning. A number oflaw students, especially first years from Section 3, turned out to hear Yodand the Dark Marbles. You may recall theDark Marbles from my last article on them in the November 25, 1991 issue ofThe Opinion. At that time, Yod was reported wandering the halls in search of his Civ.Pro. class. Now, he is doing extensive research on the ski slopes. In any event, when we lastheardfrom the Dark Marbles, theirbass player hadleft town withhigh hopesand aone- worthofsolid,rocking music. Kierk opened the seton lead vocalsand createdthemood for the rest ofthenight with ariveting performance of '' Strychnine.'' Then Yodcame tolife. Cheered on by a chorus of his loyal followers, Yod performedhis magic on guitar. His best number came whenhe switchedfrom hisRickenbacker guitar toa 12-stringVox on his original song, ' 'Open-EndedLeft HandedWorld.''The drummer, Dark Dave, cameoutandplayed with the wholebandonagreatrenditionof "3,6,9 the oldABC School House song. It wasagreat way to close the set as Paul's guitar and Dave's drums played great together and could well have played all night long. Stay tunedfor where the Dark Marbles mayroll inconcert next near you. �13 SILENT PLEDGE WEEK FOR BPILP LAW RE VU E . Showcase your talents! Can you sing,dance, act, dostand-up comedy, play amusical instrument, impersonate aprofessor, orjugglewhile ina ' . • Uwßevueisthatrareopportunity toryoutoimpressyourhiturecolleagues with any talent, skill, or lack thereof in a social, non-legal -6 (not to beconfused with Ulegal)atmosphere. Startworkingonyourskits,acts,or otherperformancesnowlllllDontwaste yourspring break! Law RevuewiUbeheidiniate April at a place to be later determined sponsoredby the SBA. DON'T MISS IT! - ...Death continued frompreviouspage evaluating and collecting evidence," said Stevenson. A University of lowa study in Georgia found the new statutes resulted in grave disparities, with blacks eleven times more likely to get the deathpenalty in Georgia in acase involving a white victim. Comparatively, S'.jvensonsaid, thesmoking warning on packages ofcigarettes isrooted inthe statistic thatpeople whosmokeapack adayhave a 2.2 higher chance ofdeveloping lung cancerthan non-smokers, soeleven percent is"very powerful." The evidence ofracial disparity was presented formally to theCourt inMcKleskey v. Kemp in 1987. The Court however,.was difrerentinl9B7thanitwasinl972. And while it acknowledged the evidence was valid, it foundtheracialbiasclaiminsufficient. Worse, Justice Powell wrote that ifrace was recognized in this context it was only a matter of time before racial bias was brought up as an issue in the contextofothercriminalprosecutions. JusticeBrennan characterized this sentiment as " the fearof too much justice." Worse, in Bryan Stevenson's mind, is thatthe Court statedthat a certain amount of discriminationbased on race isinevitable. ' 'That wasdevastating forme and very painful. 1 had thought about anti-discrimination law and where I come from," he said. "Where I grew up (in southern Delaware) blackscouldn'tgoto thepublic school. Ifyou wanted to go to high school, you hadto pay to go to the black school 90 miles away. It took lawyers to come in andenforce Brown." The Court in 1954, he said,could have Program (BPILP) is holdinga silentpledge weekduringMarch 2-6. This is being offered to those SearsLawl ibrary without thehassle wishtopledgeordonalebeioretheßPlLPbeginsitsannualdriveinfrontoftheCharlesß. studentswho jhe Buffalo Public Interest Law P.A.D. NEWS Theinitiation ceremony fornewmemberstookplaceonThursday,February27th. Comingonboard An alumni initiation was heldfor Peter Illig, who by now is in Hong Kong. AttendingthccerenK)nywereKvoalumni,EricDohertyaiKJßonWinler,aswellastwogucslstTomMexic(),att(>meys Roberto Fernandez and Jose Reyes-Ferriz. Another initiation is scheduled for March, so stand by for further details, FARLYWARNING Anexpeditiontol^kporttoseeP.A.D.alumniandNiagaraCountyProsecutorßonWinterinactionisbeing workedonfor April 26 This the beginning ofa murdertrial; itis hoped that we will begetting an insidelookat things, courtesy of ~. a Ron. Detailsas .Lthis progresses. Thursdaymesmat6:OOp.m.atmeMariiottHappyHoiir.ofhavingagaggleoflawshidentsaround 81-WEEKLY MEETING toobserveyourcharity. Any student wishing to donate willstill beeligible for the various incentive giftsprovidedby the BPILP. ifmteTestedcontactK.JiHßarrorMichaelFreedm anin4l3O-BrianHall INITIATIONCEREMONY wefe Bridget Cu |leil) Vincent Ferrero, JamesLynch, Daniel Harris, and Gary Simpson. ~ . _. — .. ~ Moot Court Tax Competition Mugel.mm The 19th AnnualAlbert R. Mugel Moot CourtTax Competition is due tobegin Thursday, March sth. Spectatorsarewelcometoattend the finalround in the MootCourt Room on March 7 at 2:30 pm. Thecompetition this yearwill include 17teams fromschools in the Mid-Atlanticregion. UB is beingrepresented by twoteams, one comprised ofM ikeJoynt and Rob Sardegna, and the otherofMahindra MarahajandAnthony Fumerelle. said inregard to education what the Court in 1987saidaboutthedeathpenalty."They could have saidunequal is inevitable. But they said, no, it's unconstitutional,and that made it not inevitable, andthat gaveme hope.'' Nowhere else is racial bias sorampant and tolerated as the criminal justice system, Stevenson continued. "It'sbecausewehave this notion that when wetalk about criminal defendants, and especially deathrow inmates, it doesn't matter.' He toldofa judge whor impatientat the end ofthe guiltphase ofa trialand spying the parents ofthe defendant in the back of the courtroom, said 'Theregoes they niggermom and nigger dad. Let's get them uphere now and savethe state money from calling them.' The appeals court in the case put the issue,andremarks, intoafootnote. "Wewant to admonish state court judges in Florida to , avoid theappearance ofimpropriety '.read the footnote. "Asportscasterornewscasterwouldbe fired forremarks like that,'' Stevenson noted unbelievingly. "But because ourjudges are doling out justice to poorpeople and AfricanAmericans, it's tolerated." And the bias is devastating to communities also, he said. In jury selection in the south, most prosecutors strike all the black jurorsright away. "There are counties where no blackshave everserved on a jury in Alabama," he said. As for the Boston rule, which said using peremptory strikesagainst blacks without a nondiscriminatory reason, Stevenson said the case has merely' 'addedhumor to jury selection.'' In one recent case, theprosecutor struck nine often black people in the jury pool. The non-discriminatoryreason? Because she wore glasses, he didn't think she would beable to concentrate. Another juror was struck because he had been dischargedfrom thearmy in an oddrather than even numbered year. Still another said he was a Mason and was let go because the prosecutor didn' t trustmembers of Masonic lodges. Told the juror was a bricklayer, the Judge stillhad no problemwith the prosecutor's reasoning. And in yetanother case, the prosecution dividedthe jurypool of one hundred into 25 strong, 25 medium, 25 weak, 25 black. "When we presented the evidence the state didn't object- no one had a sense it wasa threattotheirability to dispense justice,and that's led to the place where we are now, a bad state," said Stevenson. "Wehavedevelopedtheideait'sOKto discriminateagainst people who arehated and rejected. As attorneys, it's time to challenge that idea, "he said. "MartinLuther King said racism anywhere is racism everywhere." Blackpeople havemade up 75 percent ofthose executed inthelastfour years and 66 percent ofcrime victims,but only 13 percent ofvictims in death cases. "It willtake a vision ofjustice to deal withthese problems. Ifwe'regoingtogetout ofthis, weneed peoplewith not onlyideas in , their minds but vision in their hearts ', he continuedwithunderstated passion. "It'snot something you shoulddo,butsomething you have to do." Anyone goinginto thiswork can make a great difference, Stevenson said. "It'sastounding. Iremember dealing withakid on deathrow and thinking, I don'tknow howI got here, but I feel I can make a difference.'' He also addressed the policies ofthe U.S. inrelation to the rest ofthe world, most ofwhich eliminatedthe deathpenalty by the mid-70s. ' 'There are five countries in the world which allow juveniles to be executed," he said.Heremembered a 15-year-oldclient, put on deathrow through afelony murderconviction. "Iwantedtosay, ifyou'djust beenborn in Iran,or Libya, orSouth Africa, orRussia, you'dbeprotected,butnotinAlabania. It'sthe samewith the mentally retarded. Soourdeath penalty populations are dominatedby the severely mentally handicapped. * * And Stevensonspoke ofthelargecommitment needed to battlethe injustice ofthe system. "Ithinktherearetimeswhenyouhave tohavesomethingbesidesajobtitletodowork ,. thatneeds to be done. You needvision. He described spending thefinal 1Sminutesoflife with one client, holding his hand while the state shaved him. "Itwas so surreal. It took some visionofsomething better, and itcan get you through and allow you to change things otherpeople say can't be changed Youhave to believe inthings you never see, withregard to poor people, medical care, or anything to makea more justsociety.'' Asked what he says to his clients, Stevenson stressed the value of each human being, whichis whathe needs to understand in ordertoconvey to the juryhowtheclient came tobeinthesituationhenowfoundhimself. " I keep waiting to meet aclient whose life has no value." NEXT FOR OPINION : THE March Friday, LAW STUDENTS INVITEDTO PARTYWITH ALUMNI UB Law Alumni Association invitesall current law students to attend a cocktail party with the Graduates oftheLast Decade (The GOLD Group) on Thursday, March 26 from 5 p.m. to 8 p.m., at Garcia's Irish Pub, 74 Pearl Street, in Downtown Buffalo. Pizza, wings, and hors d'oeuvres will be served continuously, and a cashbar will beavailable. Cost is $6 in advance and $7 at the door. Ifinterested, RSVP by March 23 to the UBLaw Alumni Office in318 O'Brian Hall, Amherst Campus 14260or callIlene Fleischmann at 636-2107 for more information. Hosts ofthis soiree are the GOLD Group Steering Committee: Catherine T. Wettleaufer '85, Chair and William C. Altreuter '82, Mary C. Baumgarten '89, Michael J. Biehler '88, Richards. Binko '82, Robert L. Boreanaz '89, Mark E. Brand '88, Margaret R. Burke '86, Elena Cacavas '85, Joan E. Casilio '87, Lynn A. Clarke '83, GeorgeW. Collins Jr. '84, Douglas W. Dimtroff '89, Paula M. Eade '90, JohnP. Feroleto '82, Richard A. Galbo '84, Andrew C. Hilton, 111 '84, Edward J. Jozwiak 111 '88, Kathleen M. Kaczor '89, Richard P. Krieger '90, Edward J. Markarian '85, Hugh M. Russ, 111 '87, Susan W. Schoepperle '88, andKevin T. Stacker'9o. March 3,1992 DEADLINE 20, 1992 SPRING BREAK INFO Good News: CUuesEed Match 7 Bad News: Classes Resume Monday, March 16 The OplnkHi 11 �BAR REVIEW BULLETIN SPRING SEMESTER DISCOUNTS 63*1992 AND 1993 GRADUATES Registration fee of $75 = Discounted tuition of $1195 01994 GRADUATES Registration fee of $75 = Discounted tuition of $1095 •��DISCOUNT DEADLINE TO BE j NOTE: Full tuition for the New York course is $1325 MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM (MPRE) OEXAM DATE: Friday, March 13th IV\ W\ APPLICATION POSTMARK DEADLINE: Friday, February 14th BAR/BRI MPRE LECTURE NEW YORK CITY (LIVE PRESENTATION) DATE: Sunday, March Ist PLACE: Ramada Hotel at Madison Square Garden TIME: 11AM to 3PM OUTSIDE NEW YORK CITY (VIDEOTAPE PRESENTATION) DATE, PLACE AND TIME TO BE ANNOUNCED TUITION: Free for BAR/BRI enrollees. ($75 payment required FULLY CREDITED towards your bar review tuition) - NEW YORK PRACTICE & PROCEDURE MINI-REVIEW Hn NEW YORK CITY (LIVE PRESENTATION) DATE: Saturday, March 7th PLACE: Ramada Hotel at Madison Square Garden TIME: 10AM to 4PM NEW YORK CITY (VIDEOTAPE PRESENTATION) 0* OUTSIDE DATE, PLACE AND TIME TO BE ANNOUNCED TUITION: Free for BAR/BRI enrollees. ($75 payment required FULLY CREDITED towards your bar review tuition) - For more Information, stop by the BAR/BRI table at your law school or call the BAR/BRI office at (800)472-8899. mm Mmmmmmmmmmm:^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-03-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/3/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/62d9f3a521fcf89563d105c84b1ba71b.pdf dfed163947e185a9a6e8fec527e60579 PDF Text Text THEOPINION Volume 32, No. 12 February 18,1992 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Jefferies Speech Addresses His Critics Concerns by Saultan H. Baptiste, News Editor There was a small gathering of 10 protesters standing on the snow covered grass outside of 147 Diefendorf Hall on February 7th as Dr. Leonard Jefferies arrived. As Jefferies passed the group, you could see the warm mist ofairform in front of their mouths, but no words were exchanged Tliis "controversial event, sponsored by the University at Buffalo Black Student Union (BSU), began absent the protest promised and expected. Jefferies began his 4 hour and 45 minute speechMecture to his audience of 500, with appreciation for being asked to come and he commended the B SUfor being '' strong enough to ask him to come. Seton Hall University has not permitted their studentorganization to bring Jefferies oncampus. However, according to Jefferies,Syracuse University has offered their students the Carrier Dome to be used to house his lecture in late March. His lecture seemed to concentrate on two themes. The first theme focused on the negative impact today's educational system has on African-Americans. The second theme, which ran throughout his discourse, was in defense ofbeing called by his critics anti-semitic. He said "It is not about anti- where your mother dropped you.'' He said, ' 'there isonly one race, the human race, and by theluck ofthe drawit's African... Every person is a manifestation of the African Gene Bank". "There is no preparation in the current educational system to prepare [Africans] for manhood," Jefferies explained. For this reason, he stressed the importance of establishing study groups which use his proposed formula of analysis called C.A.P.S. or Conceptual Analysis Process- . Exclusive Jefferies Interview ...page 8 Leonard Jefferies mesmerizes his audience at he spoke to 500 students. Diefendorf Hall, where Photo courtesy oftheThe Spectrum: Andrea Schiaffino semitism. It is about truth," and "truth crushed to earth will rise stronger than before." Jefferies feels he was initially targeted and labeled as anti-semitic by Diane Ravitch, Assistant U.S. secretary ofEducation. According to Jefferies, Ms. Ravitch received a report that he participated in writing regarding the need for an "education of inclusion." This proposal would provide a multicultural curriculum as opposed to aEuro-centric perspective ofworld history. He statedthat she began the media campaign against him whichcreateda smoke screen to allow the "true anti-semites to get offthe hook." Jefferiestold the audience ofapproximately 80% African-Americans to "forget about African-American or CaribbeanAmerican; you are African. The hyphen is ing Systems. This method entails a synthesis ofa thesis, or supposition, and an antithesis which he illustrated with a diagram and multiple examples ofhis theory in use. He also referred to the theory ofthe and the "Sun People," a People" "Ice initially developed by other writers theory and scholars. Jefferies stated that at one time Europe and Northern Asia was dominated by an ice age and that white people inhabited the area. He claims that whites "negotiated their ecosystem of the ice," ...Jefferies continued on page 10 Administration Considering New Grading System by Vito A. Roman, Layout Editor After defending the current system for over 20 years, the UB Law administration is finally considering changing the grading system. The new grading system would be based on the traditional five-tier A-B-C-D-F system and would be phased in over a three year period. If approved, the system would begin to be applied in the 1992-93 year. In a memorandum dated November 13, 1991 and circulated among the faculty, professional staffand students on the Academic Policy and Program Committee, Associate Dean for Academic Affairs Barry Boyer explained that "the principle reasons for this change relate to the teaching mission ofthe law school.'' However, later in the memo, Dean Boyer also admits that the change may have the "possible side benefit" of making UB Law "transcripts more comparable to those used by otherlaw schools." Asan SBA report attached to the memo indicates, if UB Law returns to a traditional grading system, it would join eleven other New York law schools currently using such a system. Only Columbia, Brooklyn, and CUNY law schools would remain with unique grading systems. Boyer explained that the academic reasons behind the grade change reflect the administration concern that the current HQ system, even with its unofficial middle grade of Q*, fails to provide students with sufficient feedback on their performance. Those students' 'performing near thelower limitsofprofessionally acceptable course," he wrote,''need clear signals that they are atrisk offailing grades.''' 'Grades are by no means the only way of communicating this kind of information," he continued, "but they are a powerful form of communication, easily comprehended and reviewed by all interested parties.'' The practical considerations motivating the change, however, are probable more important to the student body. Since inter...Grading continued on page 14 KwameTure Lectures on African History . . mittee(SNCC) which wasthe student branch economic self-helpas the vehicle to further ofthe larger Civil Rights movement led by advancements. Begining in Lowndes County, Alabama, Mr.Ture founded along among others Martin Luther King Jr.. SNCC, in conjunction with other with others, the first African based political party in the county. The platform which groups suchasthe SouthernChristian LeadMr. Ture and his fellow party members "Have no fear. History will abership Conference (SCLC) and the Nasolve you.. Run to the struggle. Strong tional Association for the Advancement of advocated, later came to be embodied in a warriors seek out the tough battles." On Colored People (N AACP), wasresponsible book entitled Black Power, co-written by for the numerous sit-ins, boycotts and stu- Mr. Ture and Mr. Charles Hamilton. Sunday February 2,1992 in Woldman Theatre, Kwame Ture, formerly known as dent protests which marked the beginning Mr. Ture related, during an interStokley Carmichael, spoke these words to a of the dismantling of American Aparteid view prior to the lecture and again in the lecture, the origins ofthe symbol (a black packed audience. Mr. Ture, a member of during the 19605. the All African Peoples Revolutionary Party While successful, the advances made panther) for the Black Power party. Mr. (AAPRP) discussed five issues in the course during this time were limited which led Ture stated that it was an Alabama state ofhis lecture paying particular attention to Mr.Ture to look elsewhere. Mr. Ture viewed law which required each and every polititwo them, namely education and organizapolitical empowerment in conjunction with cal party to designate a symbol by which tion. Mr. Ture spoke here at UB as part of African history month, occupying the first event in a series of events planned by the SLAPP Suits ...page 3 undergraduate Black Student Union for the month of February. Mr. Ture is a twentyfive year veteran ofthe civil rights moveSchaus Receives Award ...page 6 ment, not only in the United States, but also around the globe. Mr. Ture originally rose to promiLRAP ...page 7 nence in the United States duringthe height ofthe Civil Rights movement as the head of Cheap Seats ...page 14 the Student Non-violentCoordinatingComby W.F. Trezevant, Staff Writer Portions of this story were compiled from an exclusive interview with Kwame Ture. .. HIGHLIGHTS the illiterate voters of the county could identify their chosen candidates. Mr. Ture stated that it wasa female member oftheir political party whobrought forth the symbol ofa black panther. (The symbol ofthe black panther was later adopted by Huey Newton and Bobby Seals whenthey founded the Black Panther Party in California, and subsequently was given national prominence as a symbol ofmilitant Black resistance.) Again while the "Black Power" movement proved successful, the success was limited in the face of the increased violence and oppression which Africans suffered duringthis time. Thus, the limited nature ofthe success achieved by Mr. Ture, in combination with the increased harrassment, abuse, and surveillance by both local and federal authorities drove Mr. Ture out ofthe United States in 1967. Mr. Ture has spent the intervening years working within Africa in order to lay the groundwork, and eventually produce one unified socialist Africa, run by Africans, for the benefit ofAfricans. The future ofthe African continent was the subject of his lecture. ...Kwame continued on page 1 �PIEPER BAR REVIEW J. Gardiner Pleper will be your coach for a 7 hour lecture starting at 9 a.m. to 5 p.m. on: February 23,1992 New York University Law School Video tape lectures will be available on the following dates at the following locations: February 29,1992 Hofstra University Boston University Law School Buffalo Marriott Georgetown University Law Center m Syracuse University University of Bridgeport March 1,1992 New York University Law School The MPRE will be given on March 13, 1992. The regular application postmark deadline Is February 14, 1992. The exam fee Is $25.00. Late application receipt deadline is March 4, 1992 but the exam fee is increased to $75.00. If you are unable to attend the March MPRE, the exam will be given on Friday, August 14,1992 or Friday, November 13,1992. Please call (516) 747-4311 to reserve a seat. �SLAPPs Threaten Public Activists tion by directing the audience's attention to the little used petition clause of the first Editor amendment, which givesevery U.S. citizen Penelope Canan, Professor ofSociolthe to right petition or to use any legal ogy at the University of Denver, spoke at means to influence government, peaceful UBLaw School on January 6th to define for the to engage in public parbasically right students what may be the greatest current threat to the First Amendment rights of activists in the United States. SLAPPs (Strategic Lawsuits Against Public Participants) are a phenomenon which was uncovered by Professor Canan and Professor George W. Pring (from the University ofDenver College ofLaw) when they began to study the correlation between citizen's use ofthe publi c participation clause ofthe First Amendment and lawsuits being filed by businesses intent on promoting and protecting property rights, rights which they felt were threatened by citizen activism. These lawsuits often rely on questionable legal precedents, and the primary motivation behind such suits seems to be a desire to tie up theresources ofthe activist citizen or group, as well as to create a chilling Penelope Canan discusses suits effect among citizens in general. This which discourage activism. chilling effect would inhibit them from Photo: Michael Radjavitch exercising their first amendment rights. Essentially, the SL APP would function as a ticipation in self-governance. When tool both to punish past speech and to SLAPPs are filed inresponse to thisparticiprohibit futureaction. Simultaneously, said pation, it takes an average of 36 months for Professor Canan, the SLAPP also becomes the suit to beresolved and damages claimed a tool for transforming the primary issues average around $9.1 million. Canan stressed raised by the speaker, such as the adequacy that since a maximum of 10% ofthe Ameriof nursing home care or the propriety of can public gets involved in politics beyond developing wetlands, into legal issues of voting, such suits can be deadly to public participation. nuisance or defamation. Contrary to popular belief, SLAPPs Professor Canan began her presentaby Andrea Sammarco, Managing do not primarily involve developers versus environmentalists. Most SLAPPs are filed by small businesses, property owners with economic interests or proprietors or managers, in other words, those who have an economic interest in squelching opposition. Targets ofSLAPPs are usually individual citizens or public interest groups. Defamation was the lead legal claim in 53% of the 241 cases identified, while business torts made up 33% of the claims. According to Canan, no SLAPPs have been filed in Idaho, NorthDakota or South Dakota. The majority of SLAPPs filed are found in counties comprised to a greater extent of white,rich, urban citizens, statisticallythose who are more prone to get involved in the political process. The emergence ofSLAPPs corresponds to downturns in the U.S. economy and the domination of conservative ideologies in the White House. While citizens targeted by SLAPPs may be able to respond financially to the suits, even a victory in court may sound hollow, since valuable resources are being diverted to the legal processrather than the political process. Professor Canan suggested various ways to respond to SLAPPs (i.e.,"SLAPP-backs".) SomeSLAPP-backs include alleging abuse ofprocess, .as well as interference with political rights, which may beasserted through the use of legislation which involves switching the burden ofproof to the plaintiff, who must show that the suit is not designed primarily to discourage public participation. BPILP Kicks Off Annual Pledge Drive It's that time ofyear again. No, not taxes, silly. It's the Buffalo Public Interest Law Program's spring madness, when BPILP kicks off its pledge drive to fund summer internships in public interest law, and acceptsapplications for the internships funded by last year's pledge drive. For those who are not familiar with the program, BPILP funds summer internshipjobseach summer, mostly with Western New York legal services agencies. BPILP asks agencies to submit proposals for interns, and then the membership votes on which agencies will be awarded an intern. Interested students will submit their resumes to the Career Development Office who then forwards them to the respective agencies. The interns who are chosen are then funded entirely by BPILP. In a February sthmeeting, members voted to raise this year's salaries to $2200 per student, up from $2000. "We felt we had to make some effort to increase the funding, so a person who really wants to work in public interest isn't kept out by financial considerations," said K. Jill Barr, public interest Graduate Assistant. She pointed out most privately funded summer internship program salarieshave remained the same over the years. But, as always, the crux ofthe program isthe pledges which come in through the Work-a-Day-in-the-Public-Interest pledge drive, a week in which studentsand faculty pledge the equivalent of one day's salary to fund the summer internships. Fewer people who pledged last year actually paid theirpledges, and this, along with the salary increase, means BPILP is funding one less internship this year. "We'd have two more if everyone paid their pledges," said Barr. There will be 18 internships offered, withagency internproposals due on March 3. After BPILP chooses the agencies, students will have until March 16 to turn their resumes into CDO. Self-Initiated Internships Some ofthe internships this year will be self-initiated, whereby students submit their ownproposals for funding. The exact criteria for the student initiated proposals will be posted soon in the Public Interest office, room 413, but loosely, the requirements are thata student have a firm offer of employment in public interest, but no main source offunding. These internships can be anywhere in the country, the only limits being the nature of the work, and that no other funding but work study be available. Last year, self initiated interns worked in Georgia, Florida and Philadelphia, as well BPILP will announce deadlines and information as available. The Pledge Drive kicks offthis year March 17th, with a party at the Buffalo Sports Bar on Hertel Avenue. A fascinating week will follow, with BPILP staffers ready to accept much needed pledges from behind theirtable in front ofthe library. For the last two years, $20,000 has been pledged overthe week,an astounding amount raised entirely by students, staff, and faculty. BPILP is hoping that in spite ofthe economic crunch, the increasing need for legal posals. IOLA Grant Award The Buffalo Public Interest Law Program (BPILP) recently announced that it has received a grant award from the Interest on Lawyer Account (IOLA) Fund ofthe State ofNew York to Support University of Buffalo law students as legal interns at public interest agencies throughout New York State. The award of $ 15,000,representing a $2,500 increase overlast year's lOLA award, was granted in response to a proposal submitted by BPILP in September 1991. The funds awarded by lOLA, plus monies raised through BPILP's Fall '91 Alumni Phone-A-Thon and last year's Spring '91 Pledge Drive will be used exclusively to support UB law students who wish to pursue uniqueand challenging opportunities at public interest law organizations this coming summer. Last year, BPILP was able to support seventeen interns who worked at various criminal and civil legal services agencies. Eleven interns worked at selected agencies here in Western new York, including Neighborhood Legal Services, Prisoner's Legal Services, Legal Services for the Elderly, Disabled and Disadvantaged, and others. In addition, six interns were selected through a new program which allowed students to develop their own initiatives in the public interest. These ' 'self-initiated proposals were awarded to students who pursued projects in such areas as capital punishment defense, domestic violence, and juvenile delinquency. BPILP will soon be announcing its 1992 Summer Legal Internship Program. Students interested in applying to work at selected agencies or in developing their own proposal for consideration offunding should watchfor more detailsor should stop by the Public Interest Office, room 413 O'Brian, during office hours. Club 504 Needs You by Angela Gott Rob Davis arid Bill Hare, both Class of90, founded Club 504 to meet the needs of differently abled law students and all students who have an interest in disability rights legislation and enforcement. When they graduated in May '90, they had not submitted a budget to SBA for funding. The clubremainsalive but withouta budget and shares space withSBA in Room 101. When I arrived in August '90 and became an SBA Director, I began an effort to interact with other ' 'differently abled law students" so that we could compare notes and provide each other information in case any one ofus had specific hardhsips or problems with receiving accommodations for our specialized needs. To those of you who came forward, I have been on hand to listen, to counsel, to provide informationabout where to go within the university and W.N.Y. to get help and to find a solution to problems and confusion. Now that I am about to graduate, take the New York Bar in February, and leave the Law School, it is important that someone step forward to continue the efforts of Rob Davis and Bill Hare to organize around an interest in disabilityrights and create an awareness ofthe needs ofdifferently abled individuals. I am very hopeful that someone currently enrolled in Professor Bruce Goldstein's course "Legal Rights of Persons with Disabilities" will step forward. Continuing Club 504 is so important and I do hope that Rob Davis' and Bill Hare's work and achievements will not be abandoned. By uniting together and sharing information, we are stronger, and will be moreable to achieve civilrights legislation protection and proper enforcement. The struggle by blacks for civilrights in the sixties, surely has taught us this lesson and the need to organize. Please contact me by phone:'B32-3581/machine or Box 394. Thank you. Please see related article about my difficulties obtaining necessary and proper accommodations on the February N. Y. Bar Exam. {Federal Suit, page 7) . Remember, February is Black History Month A new twist this year on the Pledge Drive will be what Michael Freedman, public interest Graduate Assistant, calls a "silent" pledge drivefrom March 2 through the 6th. During that week, secondand third year students who wish to donate privately may make pledges in the public interest office. Those who prefer to be badgered publicly, however, will want to wait until the week ofthe 17th. So, keep those dates in mind, and BPILP will get more information out as soonas the deadlinesand internship criteria become positive. Agency proposals will be services will be recognized and students due March 3, and resume on March 16. as closer to home. The other internships will be distrib- will continue to pledge generously. "For Applications for the selfinitiated proposals most ofthese agencies, there is no way they will also be due on the 16th. BPILP will uted in the traditional manner, with agencies like Farmworker Legal Services of can afford an intern ifit weren't for BPILP," announce when these applications will be Western New York , Criminal Appeals saidßarr. "The students get experience and ready. Pledge Drive kicks off the week of Bureau of Legal Aid, and Neighborhood contacts, and the agencies get the help they the 17th. Legal Services, Inc., submitting their pro- really need." February 18,1992 The Opinion 3 �I—l : ii ■ . 1 ■ OPINION ■ ■ —r>—— Ell Volume 32, No. 12 ■ — February 18,1992 Editor-in-Chief: Managing Editor Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: John B. Licata Andrea Sammarco Natalie A. Lesh Saultan H. Baptiste Darryl McPherson vito A.Roman Michael Radjavitch StaffWriters: Kevin Collins, W.F. Trezevant, Srikant Ramaswami Photographers: Paul Roalsvig Contributors: Bill Kennedy, Martin Danks, Robert Garnsey, Angela Gott Editorial The First Amendment to the Constitution ofthe United States of America, in conjunction with the Fourteenth Amendment, prohibits the government from abridging a person's right to exercisefree speech. Crowded burning theatersaside, Americans and those people travelling through this country have a virtually unfettered ability to discuss political topics, et. al, without officialreprimand. The CivilRights Movement has provided striking examples oftolerance and intolerance by citizens and government alike regarding the use of the First Amendment to promote change. The treatment ofrecently deceased Professor Kenyatta by the FBI in thelate 1960s is one egregious example ofour government, allegedly by the People and for the People, censoring speech through threats of violence against the People. The Civil Rights movement progressed only through the use offree speech by its leaders, often in the face of violence. Another example of the need for free speech surfaced last week when Professor Leonard Jeffries of CUNY, at best a controversial figure, spoke on campus to a packed audience and there was concern by students and administration that violence would erupt. There was no violence to greet Professor Jeffries. The essential lesson between the two examples isthat some political speech, despite constitutional guarantees, has motivating factors and offensive elements that can produce violence among groups of educated individuals. This does not surprise observers ofhuman behavior sincefrustrations are often vented in physical violence, sometimes at the person creating the frustration. What should surprise thePeople isthat governing bodies have taken steps in a paternal manner toprevent the People from hearing ideas that will upset them. This should alarm students of the law. While the motive to prevent hostile speech can be seen as laudable, the elemental inequity should prevent its use. To use authority to retard intellectual growth amongst a groupstriving to experience the good and the evils ofa society, as law students by definitionare paying to do,is to perpetuate a hypocrisy ofdivine right leadership that led to revolutions in Europe. By now the administration, the faculty and the students are weary of the friction surrounding the Faculty Statement but at least it has answered William Thackery's (1811-1863) question "Who can tell the mischief which the very virtuous do?" Copyright 1992. The Opinion. SBA. Any reproduction ofmaterials hereinis strictly prohibited withoutthe express consent ofthe Editors. The Opinion is published every two weeks during the Fall and Spring semesters. It is the student newspaper of the State University ofNewYork at Buffalo School ofLaw. The views expressed in this paper are not necessarily those of the Editors or Staff ofThe Opinion. The Opinion is a non-profit organization, third class postage entered at Buffalo, NY. Editorial policy ofThe Opinion is determinedby the Editors. The Opinion is funded by the SBAfrom Student Law Fees. The Opinionwelcomesletters to theeditorbut reserves theright to edit for length and libelous content. Letters longer than three typed double spaced pages will be edited for length. Please do not put anything you wish printed under our officedoor. Submissions can be sent via Campus or United States Mail to The Opinion. SUNYAB Amherst Campus, 724 JohnLord O'Brian Hall, Buffalo, New York 14260 (716)636-2146 or placed in law school mailboxes 443 or 512. Deadlines for the semester are theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board of The Opinion. Corrections: In the February 3rd issue ofThe Opinion, we inadvertently misspelled the name ofan alumna in the frontpage story entitled "Tight Market CalIs forBold Job Hunting." The correct spelling ofher name is Jeanne Vezina. Regrettably, in the same article the end ofone sentence and the begining of the following sentences were mistakenly left out. The correct text ofthe entire paragraph is as follows: One way Jeanne suggested to distinguish yourselfis to convince the employer that you area "rainmaker," i. c., that you can bring in clients, and, thus, be a better investment than the associate who simply toils away in thefirm's library. As odd as that may sound (a law student orrecent graduate bringing in business whentheir ownjuniorassociates bring in little to none?), a new associate can be the source ofnew clients for a firm, [missing text italicized] We regret any inconvenience which this omission may have caused. 4 The Opinion February 18,1992 The Opinion Mailbox Assistantships Unfairly Distributed To the Editor: It seems odd that in the midst of charges offavoritism and the presence of an academic spoils system comes an occurrence which adds credence to such claims. Irefer to the method by which theResearch and Writingteaching assistant positions were awarded to students. A dismaying number ofthe upperclass student body are ignorant that such positions actually exist-letalone that they did not havea chance at competing for one ofthe coveted positions—so a bit ofan explanation is in order. Under the old Research and Writing system, the Teaching Assistants received a full tuition waiver and a stipend of $3,100 per semester. Under the ,, current system, the "Student Assistants receive exactly one half of what their predecessors received, namely a half tuition waiver and $1,550 per semester. However, aside from the pecuniary gain, under both the systems the student instructors receive additional compensation in the form ofan improved resume and a bolstering oftheir ownresearch and writingskills. Both ofthese additional benefits are quite significant in a job market which is increasingly competitive. Under theold system thereexisted at leasta semblance ofequal opportunity: an announcement wasmade toward the end ofthe spring semesterthatapplications werebeing accepted, and all who wereinterested could apply through the standard application/interview procedure. Underthe currentsystem students obtained their positions in one oftwo ways: eitherthey were directlyapproached by a professor with an offerfor the position, orthey heard by word-of-mouththata position was available and then lobbied the professor. Why the difference in meting out the positions? Surely the difference in the title or compensation is insufficient to account for the reduced level ofprocess. Similarly, a claim that the funding came through at the last minutedoes not afford an adequate explanation ofwhy the opportunityfor applying for the positions was denied the general student body. Furthermore, even in the event the positions became available right before winter break, interested students could put together their application packet quickly enough to permit time for interviews. It's not that I am overly bitter or disgruntled that I did not get a position. However, being in law school—atleast to me—means adifferent level of treatment than' 'the real world.'' I look forward to a career in a field notorious for entrance and advancement not necessarily based on meritbut on favoritism. Such academic nepotism diminishes the reputation ofthe school in the legal community and more importantly in the eyes of its students. I realize that after the initial appearance of equal consideration for all applicants comes a discretionary zone which allows for selection ofthe candidate the professor believes will best fulfill the duties of the position. All I ask is for a chance to believe that I have an equal opportunity for obtaining one ofthe coveted positions. Please afford me this illusion. Mark Chauvin-Bezinque Jefferies Offers No Solutions To the Editor: Not too long ago, a televised discussion onrace relations featured Eleanor Holmes Norton, delegate to the House of Representatives from the District of Columbiaand a leading figure in the current-day civil rights movement. During the discussion, one ofthe other participants quoted Dr. MartinLuther King, Jr., who in 1963 said that persons should be judgedby the' 'content oftheir character and not by the "color oftheir skin." Mrs. Norton, angry, rebutted the speaker by telling him to "stop quoting dead saints." Evidently, not all who speak to the civil rights issue completely agree with Mrs. Norton. As reported in last week's Spectrum, Leonard Jeffries, in his speech at UB on February 7, lauded the importance of education. "Jeffries," wrote the Spectrum, "said that the only way to find truth isthrough the learning process, and used his motto, 'Truth crushed to the Earth will rise again stronger than before' as a basis for that argument." {Spectrum, Feb. 10). Mr. Jeffries'' 'motto" rang a bell. In fact, those words were spokenby Martin Luther King, Jr., in a famous speech 27 years ago, in front ofthe Alabama state capitol. Dr. King addressed those whohad marched for four days from the bloody Edmund Pettus Bridge in Selma to the capitol building in Montgomery. He spoke ofa future characterized by "friendship and understanding," and promised that sucha daywould not belong in coming. Said King: "I know you are asking today, 'How long will it take?' I come to say to you this afternoon however difficult the moment, however frustrating the hour, it will not be long, because truth pressed to the earth will rise again. " (Jeffries' briefaddendum, "stronger than before," is ...No Solutions continued on Page 11 Suggested Changes for Moot Court & Law Review To the Editor. John Jablonski's "Moot Farce" (The Federalist Papers, Vol. 4, No. 5, January 23,1992) has donethe healthy service ofstirring up debateabout necessary reform in the Moot Court Board selection process. Despite this service, however, the article reads in exactly the manner unintended by its author, like sour grapes. Thus, wefelt compelled to respond not to criticize John Jablonski,but to offer insight to how the competition might better be conducted. 1 Written v. oral advocacy skills. At the end of second semester, every first-year who so chooses, participates in theLaw Review Casenote Competition, exclusively a "written" competition (combined ofcourse wiJh grades, except for "write-ons"). Many students, believing that they may excel better in "oral" advocacy, participate in the Moot Court Competition. However, the current breakdown in theDesmond Competition affords4o% ofa competitor's score to the written brief, written not alone, but with a partner. By lessening the briefs value in proportion to the oral scores (perhaps to 25%), it would produce a more accurate reflection of the skills which the competition seeks to assess. ...Suggested Changes, continued on page 11 - . �QUID UO PROQ T3&L Kmmto One Man's OPINION by DARRYL McPH ERSON I'vebeen trying to make some sense out ofthe plethoraof' 'he said, she said" controversies that have arisen in the past few months. Thomas/Hill, Smith/Bowman, Clinton/Flowers, and the Tyson rape case bring together a number of sociological issues that expose our culture for what it is,-and at the same time, what it wants to be. Gender, sex, class, race, and politics all play a part in these little dramas, and the only thing missing is religion. Oh well, you can't win them all. Gender and sex are the leading factors. All of the above circumstances pitted a female accuser/victim against a prominent male. The question ofthe day is; who is more credible, the man or the woman? Since I have a somewhat chivalrous nature, I tend to believe a woman's word over a man's. Perhaps I only want to believe the woman more, ormaybe I'm more inclined to believe in a man's capacity to lie. Either way, my perception ofrecent events may be slightly slanted, ifnot totally imbalanced. However, I still try to hear both sides before making a final judgment. Tyson's case has been linked to the William Kennedy-Smith trial. Then, the rape case ended differently, and the man was acquitted. Both cases supposed hinged on the credibility of the female victim'stestimony. Somehow, a jurycan believe a woman would go through the harrowing process ofa trial in the distant hope ofachieving some kind ofmonetary gain. Considering that I have never heard of a rape victim who has significantly profited from the trial, I wonder how this theory has promulgated. A similar motivation was thrust upon Anita Hill as she testified against Clarence Thomas. That she came to speak out against Thomas at the behest of desperate Democrats seems to get lost in the discussion. Still, her critics wait for the book deal, or movie rights, or whatever to explain why she "lied." How a male judge up for the position of Supreme Court Justice; a man with a future andreputation toprotect, could be viewed as more credible than a woman with seemingly nothing to gain continues to astound me. The Bill Clinton/Gennifer Flowers controversy brought a womanaccusing a man of marital infidelity. This time, however, the woman received a massive paycheck in exchange for her story. Her words weren't dismissedby that fact, but their impact, in my opinion, was severely lessened by it. I'm forced to wonder whether Clinton would still be in the Features Editor Presidential race if she wasn't paid. No one has any sympathy for Ms. Flowers because ofthe payoff. Whatever credibility she has is based on the evidence she brought to the forefront with her. Money and the media play a big part in these fiascoes obviously. I think a contributing factor in William Smith's victory in his trial wasthe payment ofAnn Mercer. It tainted her testimony, and it rubbed off on Patriciailowman. The disparate outcomes ofthe two rape cases has been attributed to race and class to some critics. As a liberal friend ofmine pointed out, Tyson was convicted for his reputation as a "skirt chaser." That, and the effect of a massive black man accused ofa sex crime on the predominately white jury. When faced with arape accusation, who'smore likely to be believed, the white mcd student from the famous family, or the black boxerknown for his aggression both in and out ofthe ring? I 'm not suggesting thatTyson didn't get a fair trial, actually, I'm pretty surehe did. However, there could be a perception problem. The white guy walks, and the black goes to jail. It's not that simple. If the two trials were viewed separately, the outcomes seema little more rational. (Note that I said "a little" because the Smith case still seemsa bit offto me.) As we all know, the best lawyer decides the outcome ofa case, not the facts. Smith won because he had a hired gun and a reasonable doubt. Tyson lost because the state had the hired gunand a better case. Race supposedly played a part during the Thomas hearings, but isthata fact, or merely a distraction? Were Anita Hill's statements truly targeted as an attempt to destroy a black judge, or more likely, a democratic Congress' effort to derail a conservative from getting on the Supreme Court? Politics isa dirtygame, and the only person using race as an issue was Thomas himself to keep the Senate JudiciaryCommittee fromattacking him. Does any of this make any sense yet? I don'treally know. It's not as plain as men against women, I can see. The media plays up the battle of the sexes aspect, but that's natural with such compelling personalities and the legal system being what it is. If this is a battle of the sexes, is any side winning? The men "won" with Smith and Thomas, and we're still waiting to see how Clinton fares in New Hampshire. The only conclusion I can come to is that there will undoubtedly be another controversy in this vein some time soon. Memorandum From David Filvaroff Some confusion about the current status of Jeff Blum's federal court suit appears to have been generated by the recent short articlein the February 3 issue of The Opinion. Judge Skretny, of the U.S. District Court (WDNY), granted defendant's motion to dismiss the complaint for failure to comply with the Federal Rules of Civil Procedure; heallowed the plaintiffthirty days to file an amended complaint. The Judge treated the motion to dismiss the complaint on the merits as withdrawn and, assuming an amended complaint will be filed, referred the matter to Magistrate Foschio for further pre-trial proceedings, including discovery as appropriate. At a hearing last week before Judge NeMoyer in the Court of Claims, the plaintiffindicated that he would also file amended claims in that court, as he is entitled to do as ofright, before service ofaresponsive pleading. In addition, Jeff indicated he will also add a new cause ofaction for "defamation by libel" in the Court,of Claims suit. The new defamation claim is based on statements by defendants' counsel, Assistant Attorney General Doug Cream, as printed in an earlier issue ofThe Opinion. Copies of the amended and supplementary Court ofClaims pleadings are available for review in Room 319, should anyone desire to read them. - Of Life, Law, and the Right to Choose by W.F.Trezevant, Staff Writer We make so many decisions on the issue ofbasic survival in our dailyroutine that it boggles the mind. Factoring in the many decisions which deal with our interactions with others, it isamazing that anyone could question a human being's ability to make a single decision. Yet everywhere we turn, someone is constantly challenging our ability to make a decision, and thus in the process, challenging our right to choose. Very shortly Buffalo will be beseiged by people attempting to fundamentally challenge our ability to choose. I am of course referring not only to impending the troops ofRandall Terry, but also to the Presidential primary elections for both Democrats and Republicans. I am also referring to the past two weeks of activity suroundingthe visit ofDr. Leonard Jefferies. Andfinally, I amreferring to the decisions whichare presently under consideration by the administration of this law school, on the subject ofthe grading system as wellas the size ofthe future entering first year classes. On the subject ofthe Randall Terry troops and the Presidential Elections, when the time comes we will all be able to make our own decisions. However, on the recent lecture by Dr. Jefferies, the amount of decision usurping information which was circulated prior to his visit was astounding. It appeared that a number of people had already formed an opinion about Dr. Jefferies notwithstanding thattheyhad never (and still have never) heard him speak. They told us that we simply could not choose to listen to what he had to say, or if we did listen, these same individuals were right by our side to tell us the only opinion that was acceptable to glean from the lecture. Hell, if we as a community have entertained legitimately the idea of political correctness as a problem here at this school, we should also entertain the concerns overthe' "Thought Police who roam the halls and The "Thought Police" rob us ofour very ability to make a decision by restricting what we receive as information. On the national political level we identify these .people as political consultants who we invariably take with a grain ofsalt. Our response should be no different for our very own. This point became particularly poignant when Kwame Ture (formerlyknown as Stokely Cannichael) was in town the previous Sunday night. Mr. Ture, a selfacknowledged revolutionary, spoke about many of the same issues covered by Dr. Jefferies, such as African history, slavery, and African cultural influence around the globe. No one protested his visit and yet during the lecture he openly advocated the destruction ofAmerica. Both men spoke of history. Both men spoke ofeducation. Both men spoke of African nationalism. Yet we were only allowed to make our own dcci- . sion to listen or not to listen to Mr. Ture. If the ideas were offensive as uttered by Dr. Jefferies, why were they not so offensive when utteredby Mr. Ture? Fundamentally, the events surrounding Dr. Jefferiesrepresented an attack on our right to choose. Turning our attention to the law school, as the article on page one explains (Administration Considering New Grading System), the administration is considering a change in the grading system which will affect the law school. Why don't we the students get a chance to participate in the process and thus exerciseour right to choose when dealing with an issue that will affect how UB Law is perceived in the future? You know, I remember the same administration ignoring the results of the student referendum on the specific issue of the current grading system just last year. For a group of individuals who are entrusted with teaching us the students not only the law but also how to decide the various issues which affect directly the rights and lives of our future clients, it is quiteironic that these individuals behave in a manner which at best shows disregard toward including the students in the process. I'm not attacking the consideration of this proposal or even the other proposal to limit the number of entering first year students to two sections, I am rather suggesting that the process should be open and inclusive. It is decision without discussion or dialogue which defeats us. And yes, this to goes fundamentally to our right to choose. Assuming everything works out, we be will the alumni oftommorrow, and will be expected to contribute to an institution which seemingly made no effort to include us in the fashioning of that institution. Again what an ironic turn of events. In a society which holds forth as its foundation the freedom ofthe individual (economically, socially, culturally and intellectually) it is surprising how non-free we are. It is additionally alarming how limited our vision ofthe future isconsidering that it is simply sitting right there in front of us. It is likewise unnerving and alienating that we continue to exist in a society, community, anda lawschool which attempts to define away ourability to make a decision. No wonder people like Terry and Thomas and the Bush-man believe they can define away a woman'sright to choose. Our institutions are already training us not to choose. , HAPPY BIRTHDAY, TO THE OPINION'S HEAD MASSEUSE! February 18,1992 The Opinion 5 �Morris Dees to Speak at UB King Commemoration The Minority Faculty and Staff and the Office of the President will be sponsoring the 16th Annual Martin, Luther King Jr. Commemoration onFebruary 20, 1992. Morris Dees, lawyer and civilrights advocate, will be the keynote speaker for the 1992 MLX Commemoration. During the civil rights movement, Mr. Deesbecame active byaiding people ofcolor in court. In 1967,he filed suit to stop construction ofa white university in an Alabama city that already had a predominantlyblack state college. In 1968, he filed suit to integrate the all-white Montgomery YMCA. Along with Joesph J.Levin, Jr. and JulianBond, he founded the Southern Poverty Law Center in 1971. In 1980, the Center founded Klanwatch inresponse to aresurgence in organized racist activity. The project monitors hate groupsand develops legal strategies for protecting citizens from violence-prone groups. A made-fortelevision movie about Mr. Dees aired on NBC last year. "Line of Fire" described his successful fight against the Ku Klux Klan. It includedthe $7 million precedent-setting judgment againt the United Klans of America on behalf of the mother ofMichael Donald, a young black man lynched by the Klan in Mobile Alabama. Mr. Dees has also recently published a book entitled "A Season for Justice." The lecture will take place on February 20the at 8:00 p.m. in Slee Hall on the North Campus, with a reception immediatly following. Admission is Free. Seating in Slee Hall is limited so those interested are urged to either pick up the free tickets at the UB Ticket Office or call the Office ofConferences and Special events at 636-3414 to reserve seating. Phi Alpha Delta International Field RepresentativeVisits UB Law by Martin Danks Jill M. Leonard, International Field Representative of Phi Alpha Delta Law Fraternity International visited the Alden Chapter ofP. A.D. here at UB Law on February 4, 1992. Ms. Leonard was on a three week tour ofthe East Coast P.A.D. chapters from her home in California. As part ofthe Chapter support provided by the Executive Offices of P. A.D.,Ms. Leonard met with the newly elected chapter officers, helped staffarecruiting table andtalked withthe chapter members aboutthe services available from the Executive Offices. In a meeting with Dean Filvaroff, Ms. Leonard expressed her satisfaction with the recent developments at the Alden Chapter. The Dean was very interested in the efforts by the Alden Chapter members to assist their first year students with the research and writing program and the fraternity-wide efforts in support ofthe implementation ofthe Americans with Disabilities Act. While here, Ms. Leonard assisted the Chapter with plans for fund-raising, the initiation scheduled for February 27 and the rush party scheduled for February 19. Over two dozen students expressed an interest in being initiated at the next ceremony. Ms. Leonard plans on returning in the near future and expressed a desire to see as many possible at the 1992 P.A.D Convention in Scottsdale, Arizona. Leary Speaks on Health Care in the U.S. Professor Virginia Leary recently spoke at the annual meeting ofthe American Association for the Advancement of Science. Her topic was the American health care system and its denial of the basic human right ofaccess to adequate care. At the Chicago meeting, Leary pointed out that there isno constitutionally recognized right to health care in the United States. She statedthat the right to access of health care is a "radical critique" that should be used as a criterion for judging proposals to reform the U.S. health care system. According to Leary, we should usea rights-based approach to health care instead of the current costbenefit approach. In operatingas a commercial market, the health care system in the United States ignores the basic human right of access to adequate health care, and demonstrates the U.S. governement's tacit view ofa minimum level ofhealth careas an "ethical obligation" of society rather than as a human right. But, she explained, according to United States constitutional history, even obligations of society ought to be enforced through individual entitlements. "The bestmeans ofensuring the carrying %out of'societal obligations' resides in the provision ofan individual entitlement." While a market approach, by definition, cannot provide equal access to health care, the U.S. does recognize generally the right of access on an international level.through its support ofthe Universal Declaration of Human Rights and the World Health Organization. Accepting health care as a human right, she said,means making itavailable to all without discrimination, and including provisions for individuals to know and to be able to challenge the ways in which that right is being granted. Phi Alpha Delta Elects New Officers by Martin Danks The 1992 elections were held for the Alden Chapter of Phi Alpha Delta Law Fraternity, International here at U.B. Law. The officers elected were: Martin Danks as Justice, Saultan Baptiste as Vice-Justice, Bob Motzer as Secretary, and Cathy Turuczkai as Treasurer. In addition to these positions, various committes were also formed and the chairs elected. Taking office were Vaughn Cordes and Tim'Stevens as co-chairs ofthe research and writingcommittee, LisaDalfanso as Social Coordinator, Bob Sisson as Fund Raising Chair, and Bill Trezevant for special events. The chapter also set dates for upcoming events including; The Rush party on Wednesday February 19 at 3:30 p.m. in the first floor lounge, The Formal Initiation on Thursday, February 27 at 7:00 p.m. at the Law Offices located at 385 Franklin Aye, and finally, regular meetings were set for 6:00 p.m. begining Thursday February 20 at the Marriot Happy Hour. Three members attended the District Leadership Conference held here in .Buffalo which covered local and national fraternity issues. Attending were Bill Trezevant, Bob Motzer and Saultan Baptiste who subsequently reported on the conference. 6 The Opinion February 18,1992 Law Student Published In Buffalo News Magazine Last Sunday's edition of the Buffalo Magazine featured a front page story written by a fellow UB Law Student Peter Nussbaum (Buffalo News. February 16, 1992). Nussbaum is in his second year at UB Law, and is the President ofthe Sports and Entertainment Law Society. Nussbaum compiled information and authored the article on one ofthe first basketball teams ever formed, the Buffalo Germans. The Germans' 111 game winning streak has never been rivaled in the history ofthe sport. Nussbaum was assisted by Sheldon Heerdt ofAmherst, the grandson ofAHie Heerdt, who was Captain and Manager ofthe Germans. Schaus to Receive by Ilene Fleischmann Executive Director, UB Law Alumni Association "Sex and Power in the Workplace: The Expanding Law ofCivil Rights and Sexual Harassment Affecting You and Your Clients'' wifrbe the topic discussed by a panel of legal experts at the 16th annual UB Law Alumni Convocation. The morning-long symposium will begin at 8:30 a.m. on Saturday, March 7, at the CenterFor Tomorrow onthe UB Amherst Campus. At a luncheon beginning at 12:15 p.m. immediately following the Convocation,Robert C. Schaus will receive the Jaeckle Award for 1992. Named for UB alumnus EdwinF. Jaeckle, Class of 1915, the award is the highest honor the Law School and the Law Alumni Association can bestow. It is given annually to an individual whohas distinguishedhimself orherselfand has made significantcontributions to the Law School and the legal profession. Past recipients include Hon. Charles S. Desmond, M. Robert Koren, Hon. Michael F. Dillon, and Manly Fleischmann, among others. Schaus is a longtime secretary for the UB Law Alumni Association anda successful practitioner in a law firm that has included three generations ofhisfamily, Law graduates. "He is highly regarded by colleagues and clientsfor his unshakable character and integrity," says Jean C. Powers, president ofthe Law Alumni Association. "Over a span of thirty years, he has been versatile, capable and gracious in his numerous contributions to the Law Alumni Association and the Law School. Schaus' love and knowledge ofhistory led him to co-author the history ofthe first 100 years ofUB Law which isbeing publishedthis spring.'' The subject of sexual harassment came to the forefront duringthe Clarence Thomas confirmation hearings. According to Convocation organizers, recently enacted civil rights legislation now allows broader damages, portending an increase in discrimination litigation, and creating a need for greater awareness by lawyers, both as employers and counsel- cUB Speakers will discuss the substantive and procedural aspects of sexual harassment claims, the developing law, and the practical methods ofmanaging claims in the workplace. Attorneys for claimants and defendants, law professors, and a universityadministrator familiar with discrimination issues will discuss changes in the law. Jaeckle Award Paul J. Suozzi, of Hurwitz & Fine, P.C. and Philip Brothman, of Hurst, Brothman & Yusick, serve as co-chairs of the Convocation committee. Law Professor Charles P. Ewing will present the issues and speakers. Professor Lucinda Finley will the substantive law overview. Her topics include sexual harassment claims under Title VII, the New York Human Rights Law and tort law; the impact of expanded damages remedies provided by the Civil rights Act of 1991 and tax implications; judicial approaches to determining what constitutes a hostile work environment - applyingthe' 'reasonable man or "reasonable woman" standard; and First Amendment issues when the hostile environment consists of words and pictures. Carol E. Heckman, litigation partthelocal law firm Lippes, Kaminsky, ner in Silverstein, Mathias & Wexler,and chair ofthe Federal Practice Committee, Erie County Bar Association, will discuss "Presenting the Claimant's Case." Among her topics are theroles oftheEEOC and New York State Division of Human Rights; remedies under Title VII, New York State Executive Law and common law torttheories; and strategic considerations in selectingforums, time limitationsand avoiding common pitfalls. Robert A. Doren, employment law defense attorney in the local law firm of Flaherty, Cohen, Grande, Randazzo & Doren, will speak on "Defending and Avoiding Harassment Claims.'' His topics include Freedom of Information Act requests of EEOC; complying with proposed EEOC settlements; representing the employer as well as the "harasser" conflicts of interest; controlling the witness for discovery and trial; and defense and strategies as they relate to various harassments. Sheila J. Nickson, former assistant to the President and Director ofAffirmative Action, Buffalo State college, will discuss' 'Taking Care ofBusiness.'' She, will discuss developing policies on sexual harassment under federal regulations and EEOC guidelines; dissemination ofpolicies to management and employees ~ publications, orientation seminarsand staff meeting; investigation ofcomplaints while maintaining a viable workplace ~ clarifying the claim and determining its validity; and protecting the rights of the accused and accuser while preserving confidentiality. An extended panel discussion and question and answer period will follow. KLaw — Students can attend the morning program free of charge. To receive valuable writtenmaterials, however, you mustpre-register. Sign upby February 28 in the alumni office, --320 O'Brian Hall. Students wishing to stay for lunch and the Jaeckle Awards ceremony should sign up in thealumni officefor alaw firm scholarship.'' Many arealaw firms buy tables and usually have places available for law students. * �Loan Repayment Assistance Program comes to UB Law JUST WHAT IS A LOAN REPAYMENT ASSISTANCE PROGRAM? TheLoan Repayment Assistance Prois gram designed to provide financial assistance, by way of loan assistance and loan forgiveness, to UB law graduates who are pursuing careers in traditionally lower paying public interest/public service law. The LRAP is intended to (a) reduce high educational debt burden as an obstacle to pursuing a job at a public interest law organization and (b) encourage, through continuing assistance, graduates to pursue careers in public interest/public service law. IS THERE A NEED FOR LOAN REPAYMENTAT UB LAW SCHOOL? Based on a BPILP survey completed in September 1991, approximately half of the responding students (10 percent response rate), reported an expected educational debt burden of $25,000 or more (including undergraduate and other-graduate education). Of these students, 2/3 reported having an anticipated debt exceeding $40,000. Almost all students reported that thejrdebt was going to be a major{actor in pursuing and accepting post-graduate employment. HOW DID LRAP COME TO BE AT UB LAW SCHOOL? In 1988, BPILP began conceptualizing anLRAP. In 199l,on behalfofthe Law School, BPILP wrote a grant to the State Interest on Lawyer Account (IOLA) Fund funding support. The proposal was favorably rejected (they said it was a good idea, just needed some more thought and some specific changes). In 1992, we again submitted a proposal to lOLA for LRAP, this time in conjunction with the Law SchoqJ at Queens College (CUNY), addressing one major lOLA concern from the previous year. As a result, we received a $50,000 grant for one year to provide loan repayment assistance to graduates ofour schools who are working in civil legal services agencies anywhere in New YorkState. The school has astrong commitment to enacting a full LRAP program by raising additional funds to support graduates who pursue other Seminar on Law and Medicine by Natalie Lesh, Business Manager Law students and medical students shared a classroom last week in a unique attempt to bridge the ever-widening gap between the two professions. As part of Professor/Associate Dean Lee Albert's ' 'Clinical Medicine Policy Issues'' course, twelve law students converged upon the medical school for an intensive week of lectures and discussion. The medical students, all third-years and in the middle of rigorous rotation schedules, elected to take this course during one of their four oneweek breaks ofthe entire year. The week began with two days of lectures by doctors and lawyers from the community. The well-chosen speakers ably introduced the topics which would become the focus ofthe week. The topics included: Informed Consent, Health Care Proxies, and Patients' Rights; AIDS- Responsibilities and Rights of Patients, Providers, and Society; Resurrection Medicine and Futile Treatment of the Terminally 111; Process and Roles of Various Constituencies in Resolving Policy Dilemmas; Hospitals' Control Over Medical Practice; Rationing of Health Resources; Malpractice and Defensive Medicine; and Medical Responsibility for the Unserved. After this introduction to the issues, we formed groups consisting of two law students and one medical student each. For the next two days the groups visited various sites and interviewed "resource" people throughout the city, in order to research their respective topics. The goal of the research was to understand how certain policies actually worked in practice and to formulate a proposal on how such polices could be improved. On Friday, the groups presented theirproposals and facilitated the discussion oftheir issue. For those fortunate enough to have been part of this wonderful experience, areas of public interest law, like public defense, and those who chose careers outside of the state. WHERE IS LRAP NOW? Dean Filvaroff and Associate Dean Carrel are working with the BPILP Loan Repayment Assistance Committee to develop the full program, including its structure and administration, as well as the development offuture funding sources. This working group is currently reviewing materials from other schools as we begin the development of specific eligibility criteria and the best formula for determininglevels ofassistance (for example, aratio based on adjusted income and education debt). The school is committed to fully supporting this program, to developing a full program for all UB graduates, and to future funding ofthe program, as we all. want this program to succeed and be a part of our institution for many years to come. WHEN IS LRAP GOING TO BE KEXDY? It is anticipated that this program will be operating in time to assist students graduating in the Class of 1992. WHOISELIGIBLETO PARTICIPATE IN LRAP? The program isavailaMetograduates up to and including the Class of 1988, retroactively. The specific details of eligibility are still be worked out, but it generally will require the student to meet employment criteria (again, generally, public interest/public service law), as well as income and adjusted income requirements. HOW CAN I FIND OUT MORE? There will be an informational meetingabout LRAP for students soon, probably in about three weeks. At this meeting we will be presenting the "ecihes ofthe proposed program andasking studentsfor feedback. We also will be available to answer yourquestionsregardingthisprogram. Stay tuned to the OPINION for further details. Also, ifyou just can't wait and want to find out more, stop by the BPILP office, room 413 O'Brian Hall. Friday waslearning at its best. The giveand take belied the stereotypical portrait ofthe legal andmedical professions, which paints them as antagonistic, mutually exclusive groups. Although there wasa good amount ofdebate,there wasalso solid agreement on a number of issues. It was a refreshing reminder to the law students that most doctors are not just out to earn as much money aspossible, negligently ignoring the needs oftheir patients. It also reminded the medical students that most lawyers are not just out to "get" doctors, failing to appreciate the complexity oftheir work. The concern with the American health care system is, ofcourse, verytimely. Change is inevitable, as costs are skyrocketing while services are simultaneously declining. Most ofthe efforts to improve this disastrous situation have been mere ' 'band aids," temporarily healing one small part ofa monstrous injury. Many believe that this year's presidential election, as wellas other upcoming elections, may hinge upon the candidates' proposed health care re- form policies. In this context, a joint course offering in the law and medical shcools is fantastic. The greater the understanding betwee.. the medical and legal professions, the greater the possibilty for developing a health care system which more fully addresses the major areas ofconcern. Lawmakers often forget that the realities of clinical medicine will determine the effectiveness ofa given health care policy. On the other hand, doc.ors often forget that they are the only ones who can provide this information. Doctors md lawyers must therefore york together in formulating a health care policy which will serve the American people. Lawyers must be more willing to allow doctors into the process, and doctors must be more willing to accept this role. Mutual respect and understanding are prerequisites to any process as complex and important as reforming the American health care system. This course isa step in the right direction. U.B. Law Student Contemplates Federal Suit by Angela Marie Gott All differently abled law students will require accommodations of some kind for the New York Bar exam and the access to the same kind, level, degree ofaccommodations youare receiving at this law school isnot automatically guaranteed forthe New York Bar exam as I am quickly finding out. You have to apply/petition/request these accommodations 90 days before the Bar Exam is given. No one at this Law School made me aware ofthis fact and just by a miracle, on the 90th. day at 7:30 PM, when I was waiting for a document to print and thought I'd look at the rules, did 1 happen to make this disovery. Thanks to Dary I Parker, who drove my request to the Williams Street Post Office justprior to midnight, my request was timely submitted. Those "differently abled" law students who have documentation certifying and describing the existence, nature and extent of their disability and who have been receiving accommodations based on this documenta- tion should not belulled into believing that requires all state and local government this documentation will be accepted by the programs to be accessible to the disabled New York board of Law Examiners. Just and prohibits discrimination against the the fact that you have been recognized as disabled. The A.D.A. is not tied toreceipt "Disabled" and have been treated and ofFederal Funding either. State and local accorded accommodations for your status government programs must obey the Fedas' 'differentlyabled" in the past, does not eral mandates or be in violation. All,, disabled have a "private right ofaction and guarantee you this recognition and acceptance of status by the New York board of may proceed directly into Federal District Law Examiners. Court to complain. In my situation, all my documentaDo realize that the A.D.A., Title 11, which became effective January 26, 1992, tion was procured in 1977-1981 when I put ...Threat continued on page 14 The New York State Bar Association offers great opportunities to be updated on New York law. But did you know that New York State Bar Association also offers members valuable insurance coverage? For example, TERMLIFE MEDICAL $750,000 benefit available to members and their spouses; —— Up10%tovolume discount offered on a policy of $250,000 or more; — Annual dividends — paid to policyholders since 1962. — Comprehensive and Excess Major Medical coverages available; For more information contact: Competitive benefit provisions and rating structure; — Your — choice ofbenefit plans and deductibles. NEW YORK STATE BAR ASSOCIATION Membership Services Department 111 I I One Elk Street, Albany, New York 12207 NYS BA Phone: ( 5 18) 463-3200 lIMBI February 18,1992 The Opinion 7 �Exclusive Opinion Interview with Dr. Leonard Thefollowing is a transcript ofa 2 hour and 45 minute interview between Opinion News Editor, Saultan H. Baptiste and Dr. Leonard Jefferies. This exclusive interview has been edited due to length. Opinion: What happened during your meeting with Elliot Morgan, a Harvard student whointerviewed you last year for the Crimson. He said you insulted black authors and threatened his life. Jefferies: The day before, I was supposed to speak at Baruch College who had the same problems or probably worse than the students here. The Baruch College administration. .were trying to resist them having it there.. .So, here is this guy sitting in my office, I'm learning that my father isdying. I don't even have time to mourn, don't have time to cry. And then I said, well, I can't let those student'sdown. I've got to go there-at 7:00 but what I'll do is.. .turn the lecture into a dedication to my father who just passed away.. .andldidalibationdedicatingtomyfather. Soeven he said "Oh, even jews stood up and applauded you," because he was up in the balcony. Then he came to us the next day. We let him come to our classes, 11:00 -12:00 pm. Then at 12:00 we go to lunch: we don't give interviews at lunch. Lunch is, you know, the faculty diningroom. It's ten ortwelve ofus, so afterthe lunch we went up to the conference .[H]e's a naive type ofguy with no real understanding of the black experience. .but he also was planted because he started asking, I remember, provocative questions. He's the one who said the Crimson was called the Kykeson. So those are the types ofthings he had come to run past us to solicit. But he already had a made-up thing already in his mind. We gave him this much documents up in the conference room (indicating approximately 1 inchthinkness). He embraced me and said he had never been so wellreceived. He went to my secretary. She wasn't in, so he wrote a note on her lamp saying, "Thank you very much." When she came, he embraced her. And then he went up the street to Brother Small and said goodbye to him. Brother Small gave him a book and then he went to Harvard. It's at Harvard that he testified on TV. that he talked [Alan] to Dershowitz and it's Dershowitz who came down to New York saying that he [Elliot Morgan] had been attacked by us or threatened by us. .So, he had been programed and processed by some otherpeople.. .[H]esaid we threatened him to kill him. He said we took his tape. .and he said Brother Small threatened to kill him. So, obviously he was planted. You see this is the way they operate; get a black person to bring charges against black leadership. Opinion:Many of your critics have said you are a conspiracy theorist,... Jefferies: Slavery wasa conspiracy.. .movies were a conspiracy, I'm not backing down from that. They put that tag on me two years. They said I was a conspiracy theorist. I said on the "Geraldo" show that AIDS may well be part ofa long term plot against Black people.. .So they typed me conspiracy theorist. But they don't wantany reference to their historical relationship to oppression, because they have taken on the mantle ofthe oppressed.. .But some of them were the oppressors and they are going to have to deal with that. And that's not the main thing that we're talking about. We're talking about genocide and reparations and we want to include everybody. It is not in our interest to focus in on anybody. Opinion: So how do you define conspiracy? Jefferies: Concert ofinterest.. .The movies, Hollywood.isaconspiracy against black folk. People sat around tables or sat in the living room, or sat in the Hillcrest Country Club, which was the country club for jewsbecause they couldn't get in the Wasp country clubs, and they sat around and plottedand planned and programmed what was going to be on the silver screen. And they plotted and planned that America was going to have this idolized Dick and Jane image and that gangsters were going to be idealized and that blackfolk were going to be wiped out and that Native Americans were going to be wiped out. And they plotted and planned those things. Nothing occurs on the silver screen without people sitting down and saying "we're going to do this and that". For instance, when Danny Kaye who. .Samuel Goldwyn. .liked. .[did] a screening ofDanny Kaye. people said "This man can't make it. His nose is too big." But because Goldwyn liked him. .he. .got this brilliant idea. "Well, if people are going to focus ofhis let'sdye his hair blond and that would take away from the nose. So, Danny Kaye's role in the movies comes as a result ofsomeone deciding that his image could be improved and his negativity could be neutralized by blonding his hair. The images on the screen ofa Black fat woman a mammy. The image ofa black man with his eyes bulging out, the image ofa black man shaking and trembling. Those were plotted and planned by the producers and directors and others. And whenthey saw this model making money . . . . . . . . . . . . .. . nose.. - 8 The Opinion . . they said "Let's do it too." And the prototype for the negative stereotyping of black folk is "The Birth of a Nation," in 1915. It was at that point that members ofthe Jewish community are beginning to takeamajor role in the film industry. Now that's the history. Opinion: There are articles saying that because melanin is in black skin, blacks are dominant. Jefferies: We don't say that. What we do say is that melanin makes you different and Godbless the difference. The blackness isa blessing, not a curse. And melanin gives us an advantage. Everybody on the planet has to have melanin otherwise you can't survive. Melanin is something that is part ofnatural development. But if you are •living in the sun, then you.. .develop melanin to protect you from ultravioletrays ofthe sun. And that process is referred to as Gloger's law.. .and that is why people ofcolor have color.. .It is a physical advantage, but we do not make any reference to intellect. They put that in only to pair me with a jew. .a Professor Michael Levin, who has gone around the world saying that black folk are inferior because of tests. There is no cry against him. There is no Jewish organization disowning him. .They wanted to pair me with him because it was part oftheirplot in place to create the image of Jefferies- theanti-semite, who got control of the education in the state of New York and forced Africanness on the commission and the task force. Melanin is important in the human family. In the beginning you have DNA, RNA and melanin.. .the organizing molecule for the cell. That's neural melanin. .Epidermal melanin is the outer aspect of pigment. And this pigment is necessary in order for you to negotiate the ecosystem ofthe planet. Europeans lack it because [they] evolved in the ecosystem ofthe ice. The dominate environmental factor ofthe European and Northern Asian cradle. .lias been the great ice age. And people know this,.. .the genesisoftheEuropean isout ofthe ice.. .which descended on europe 100,000 yearago. It lasted 90,000 years.. .and it ended around 7,000 to 8,000 B.C. The European.. date themselves.. .as emerging onthe human plain in 40-50,000 B,C. We are saying that the ice factor is the reason for the european losing the melanin and developing his own •biological andphysical characteristics. But worsethan that is. .the mental characteristics which comes out of an environment of survival in the ice [which] are a domination ofthe male principle in leadership, a selfishness, a selfcenterf;dness,agreed,aterritoriality.. .There is a different value system that comes out ofthe Northern cradle than the Southern cradle which has a laid back environment. Opinion: Is this a new theory? Jefferies: No. It is onlynew in the sense that a black man is articulating itand he has been thrust at the center of educational reform. Opinion: Where did it derive from? Jefferies: The Europeans have used it.. .for the last 200 years to say theyare superior. They say the people of the sun are inferior because the sun makes them lazy. .They say the European is. .superior because he is the aggressive one in the ice.. .They have used this, intellectually, to say that that's why the are superior. And that forms the foundation of white supremacy. Now we're saying "wait a minute, that may not be the case." We're not talking superiority, we're talking difference. .Your male dominated behavior.. and your greed, your selfishness, institutionalized and systemic, may come from your ecology. Opinion: I read an article in the New YorkMagazine (September 2, 1991) where you said you have to have melanin to be human and it seems to imply that whites are not human. Jefferies: No. Everybody has melanin. Whites are deficient ofmelanin because if you are in the caves you do not need it. You need melanin to negotiate an environment ofthe sun. If most ofyour life is spent in the caves or in an environment that is not sun filled. then by natural evolution. .you lose that which you do not need. Opinion: There some people who have stated that you do not allowwhite students in your classes. Is that true, and if so why? Jefferies: I have no control over that. That's an absolute lie. The head ofthe Hillel was in my class last year.. .and cvenafterthe attacks of August [ 1991], he came in September, he came to me and said "Dr. Jefferies, will you be my advisorformy independent studyand will you speak to Hillel". When students register, I get a computer printout. Most ofthis mis-information comes from the fact that a white boy whohad his class in 1980. He said he learned more in that class than he had many other class in college. .and he wrote a columncalled "Crazy White Boy Blues.'' . . .. . . .. room.. February 18,1992 Jefferies And in It he wrote a lot ofmess, fantastic and cute etc., and that went into the computer down in Washington, funded by the Heritage Foundation, and they put it into the international computer bank. When I went to the University of Minnesota Law School, last spring to lecture, the students said "Dr. J., do you know what's in the computer on you." .and all this bullshit comes out, that was put in there, by people who got the City College article. .They won't say that when they tried to have a hearing on me because ofthe article, the white boy refused to come because he said lie's not attacking Jefferies. They don't say that he wrote a . . . The Storm Before the Calm: Student Interest Builds Before Jefferies Speech by Saultan H. Baptiste, News Editor During the four days prior to Dr. Leonard Jefferies' speech, a great deal of commotion was astir on ÜB's campus. Many students were inter, ested in Jefferies theories and looked forward to hearing him speak. Although most interviewed said they had never heard his theories, they believed he was anti-semitic, based on reports in the media. In addition, a great deal ofanti-Jefferies information was circulated on ÜB's campus prior to his arrival. One such campaign was lead by ÜB's Jewish Student Union (JSU). Rachael Small, President of the JSU, stated an interview prior to Jefferies' arrival, that in although Jefferies is protected by a First Amendment right to freedom of speech "we (JSU) have every right to be there to rebut him." JSU Publicist, Scott Herman, said that he didnot feel Jefferies should have been invited to ÜB, but "there [was] nothing we could do about [it]." He was concerned as to howlong the First Amendment would hold out for Jefferies. Referring to thefirst amendment exclusion of exciting a riot, Herman said, "maybe not here, but someplace else. .when Jefferies speaks there is goingtobe violence.. .and then, hopefully people will wise up and see that this man should not be allowed to speak on college ~~ campuses. Small said sheplanned to get asmany Jewish students as she could to attend the lecture. She said, "if he should say anything that is racist or false we want to beable to stand up and challenge him. If he says something anti-semitic during the speech. .1, or a[nother] Jewish student, should stand upand counteract it.. The more students, the better. .We did want to stop the speech, but we realized we couldn't.. .This was our next step." Herman said [Jefferies] loves the confron...Storm continued on page 14 . . . .. . . . . fourth article saying that it's not about Jefferies and that people should take it as a joke. Opinion: I spoke to Black students who took your class at CUNY, and they said that you referred to White people as "White boys" or to Gays as "faggots". Jefferies: Well, we very rarely do that in class, because. a lot of our people are gay, so why would we insult them. We always say "White boy." That has never been a problem in this country because they referred to Blacks as boys. .We refer to them. as "White boys" because they are younger than us. Weare the elders ofthe human family.. Black people are the mothers and fathers ofhumankind. Opinion: But, what if they perceive that as being derogatory, similar to walking up to a black male and calling them a' 'black boy. They mightconsider it derogatory. Jefferies: I don't talk to a group ofpeople and say ' 'white boy.'' I speak in general terms about white folk. I .. . �. either say "white folk' vor "thfc white boy." I don't walk up to white person and say "white boy.". .1 am saying that they call us' 'boys." lam saying that they have institutionalized it in the culture ofAmerica. And there's not a single. person raising these issues like they should except me. Opinion: But don't you think that it might turn people away? Jefferies: 1 really don't care. I don't care what black folks think or white folks think. I'm raising issues. I'm gettingpeople to think. I'm not worried about that. That's insignificant. Opinion: So, you think it's necessary to use those terms? The Day After: BSA and JSU Students Meet to Build Bridges Students express their feelings at a round table discussion following Dr. Jefferies' visit. Photo: Michael Radjavitch by Saultan H. Baptiste, News Editor On Saturday, July Bth, the Jewish Student Union (JSU) invited members ofthe Black Student Union (BSU) to meet for brunch and postJefferies discussions. This event was planned prior to his lecture to ease tensions between the two groups. Both groups dealt with raw facts and expressed their feelings and impressions. During the brunch, small group discussions ensued on various topics raised by Jefferies. Most students agreed that Jefferies did not say anything antisemetic, but some Jewish students said he did not make those statementsbecause they were present. Several Black students responded "you're just not willing to admitt that he is not anti-semetic.'' After about three hours of independent small groupdebate, both groupsjoined foracircle , discussion regarding the 'fact sheet distributed by the law school organization, Students for Constitutional Concerns (SCC). One BSU member said,''that ifyou didn'tknow who [Jefferies] was, afterreading the 'fact sheet,' you'd think he was a monster." All the students found the document mostly unfactual, unsubstantiated and absent ofneutrality. One Jewish student said "it was a chop job.'' They dissected each quote and said that the authors played tricks with facts and fed on sterotypes of Jews. Overall, the forum seemed to promote a sharing of religion, language and tradition as members shared theirvaried cultural backgrounds. Although both groups had no interaction prior to the storm of Jeffries event, they made plans to schedule future joint events such as a cultural night andresearch groups! They ended the night with a game ofLaserTron. It seems as ifa silver lining has been found in the wake ofthe Jeffries visit. Jefferies: It is. It is absolutely necessary, so I use it. I doubt whether whitefolk have.. .been manly. They have participated, globaHy, in the destruction ofpeople ofcolor. They are now participating in the same process with me.. .There was only one white scholar, who happened to be a Jewish scholar, Professor Kent, that said ' 'what Jefferies said about the movies is correct. I'm a Russian Jew and I should know." There has not been one other white person to stand up.. .and become a man. They are still operating as boys.. .Very few Blacks have stood up too, and the boy syndrome is still with them. This isa man talking about the human family. And blacks are not challenging their negative imaging in the movies. In fact, theyare participating in it.. .that'swhyyou have "In Living Color." You can't get those youngsters to change. They are successful. They are playing the white boy game. Black boys are doing the White boy thing better that the White .. . . . . . .. . . .. . . . . . boys. ,v* became a national controversy called the '-Curriculum of Opinion: Like Spike Lee, John Singleton. Inclusion." The major portion of writing. .was [by] Dr. Jefferies: They're trying to grow, but the Wayans, Leonard Jefferies. and just the concept laid out in those "In Living Color, "is not growth.. .Do see anyone saying 500 copies, has upset white supremacy and the world. anything about "In Living Color." When they say anyWhy is somebody who hasn't published anything, thing about gays. .orboys.. .orwhenthey have that Black why would you spend so much media coverage on him. man crawling out of a box... .Not a damn thing. The And if he is not.. a scholar, if he's a fraud, why don't you conspiracy is systemic. Once you have a system in place bring out the scholarship. If he's a thug, and has no. which is culturally dominate, your participate in it. .scholarly substance, then why spend soon much time on That's what Malcolm [X] said. You don't have to tell him. Let him thug his way into oblivion. slaves to goaround the back. If you have a slave culture, Opinion: Some have suggested just thatand they say the Africans or slave people will go around the back and you will just fade away. They say you have no degrees in carve a door out for themselves. [It will continue] until history. How do you defend that? you get a man, like aFrederick Douglass, whoruns away Jefferies: Do you have to have a degree in history to from enslavement,.. .a manlike David Walker who spoke be a scholar. .How many ofthese newspaper people, or out against it and gave his life. Men are willing to give these people attacking me, have a Ph.D. In order to get a their lives; boys find a comfort zone. I am making a Ph.D., you have to write a dissertation. Mine was 300 pages distinction between white boys and black boys, and white on primary research in the Ivory Coast. I am one ofthe men and black men, with a purpose. Most of the media leading experts onthe I voryCoast. I'm waiting forthe head people that [come] around, including blacks, haven't had ofthe Ivory Coast to die so that PhD can be published. I the intellectual curiosity. or understanding to go into have never been into the European thing of 'perish or these things ina serious way. All their doing is fulling their publish.'. professional roles and reporting it. I got tenure (at CUNY) because they need my Opinion: What type of impact do you feel your academic and professional skills to structure a new discilectures will have on African-American students? pline called Black Studies. In order for them to get me to Jefferies: Wake them up. Quickening of the spirit. do that, they had to say "you are worth to us giving you The boys will become men. Now they have to make some tenure." And that's how I got it. Scholarship is just not decisions, because people are threatening them. If by the writing. .scholarship is organizing scholars. .[and] feet that they want to have a black history program and research. And when you are asked to be a leader of a they want to bring.. .people to speak at a university, which scholarly discipline, your criteria of evaluation is what is suppose to be place where ideas are suppose to be heard, you've done in the area of leading the scholarship not in no matter how controversial, because ifthings are only in writingabout it. Writing, it isthe underlings underyou that the press where there is a give and take, then it should be do the writing. lam chairman ofa department of25 people. in universities. So, what is happening is that Black I am directing and encouraging them to write. .That is youngsters around the country are saying "we want to more than the scholarship of writing books. That's more hear what is being said. We want to make our own that writing position papers. decisions." So there is a growth. There is a manhood.. Opinion: What do you see as your long term goal? .and a womanhood process being put in place by Black Jefferies: The manhood and womanhood ofAfrican youngsters. peoples and Latin peoples and Asian peoples and White Opinion: Did you mention the "White pussy synfolk who can stand up and get us prepared for the 21st drome" in your classes? Century. Otherwise, the 21st Century is going to be a Jefferies: Definitely. That was the big thing in that disaster. white boy's article. W.P.S. we call it, the white pussy Opinion: What would you like to see the Black syndrome. And it's in this culture. The White woman is students at U.B. do after you leave? put on a pedestal and that's [the] standard. Everything is Jefferies: Get into seriousresearch. Form research revolving around her. She is sold and prostituted. But, teams [and] study groups, organize seminars, that's what because Black women mightfeel offended,... we changed we're calling for.. One ofthe most important and intellecit to S.E.X., Super Exploitation of the "X" Factor. In tual endeavors has occurredand we are in the middle ofit. most instances the "X" factor is the White woman. In .this is the legacy we are leaving for you. Ydu will be some instances the "X" factor is the Black man. the doing the follow up and the research and the work into the Black athlete.. .[l]n order to sell commodities in America future just as the students who fought in the late 60's [and] the blond, blue eyed. White woman is the pinnacle.. .It is created the Black Studies Movement and weprofited from so insidious inthe culture that even strong Black men, who that. Now we have created this larger movement for your should know better, revert to becoming boys... generation. The question is weather or not you have the Opinion: Back to the issue of Gays, are you anti- manhood. .or the womanhood to take the challenge, or Gay? whether itis more comfortable for you to act like boys and Jefferies: Understanding were I am coming from, find a comfort zone in white supremacy. trying to uphold the African standard, you have the right Post Lecture Comments to have any partner that you wish. Any color. You have Opinion: A Jewish student commented after your a right to have any sexual preference that you wish. There is no need to put downpeople for that. But that is not the speech that he felt that your statement that African genes How do standard that you're going to ask me to hold up. I'll are dominate and European genes were recessive. this? respond you to appreciate you and whatyourinterests I' 11respect you Jefferies: That's science. That's not me. African forthat, but that is not the standard.. .We are dealing with are dominate.. It doesn't have anything to do with genes standards set by the god-force ofthe universe. And the anti-semitism [or] Jews. African pigment genes are domigod-force says that if you are black, you should be black to European pigment genes which are and proud. Not walking around feeling that you are nate as opposed inferior because somebody is white. Ifyou're Gay, that's recessive. Opinion: Many of Jewish students had problems your situation. It can be respected because you may have no control over that. But that's not the situation that we with your views. Jefferies: When you are dealing with the Jewish would want all in natures creation to beabout. Ifyou have population you are dealing with a complex mix of race, a preference for a white woman then that's your situation. but that's not the standard. We are talking an African religion and culture. So here we are confusing the whole bit. .It's bad enough for them to have to negotiate the standard. If we don't have it,and don't understand it, then Jewish-Gentile Syndrome. And here we are coming with peoples will be wiped out and devastated and that is what another mess saying that the. .cultural and institutional has happened.. .We have moved away from that because foundation ofthe human experience is African. They can't we have been blinded by whiteness. They just can't fit it in anyway.. .If you have been .I'm here, standing on this truth, ready to die for fathom it. told that Africa is nothing but savage and primitive, and it. And I ain't going to become a Black boy or White boy. I'm going to be here with this truth. If the truth is wrong, here comes this guy saying that Kemit is that which made you what you are. They believe that God choose them. then bring the evidence, bring the documentation. Let's that is the underlying attack. have some discourse. but not a single scholar has stood Opinion: You said that many religions and nations up and said "here is the documentation that you should were involved in slavery, but you spent a lot oftime on the change your opinion".. They use the newspaper people, and others, like this youngster from Harvard. Not a single Jewish involvement. Jefferies: Because the Jews have been the biggest scholar has stood up. However, Jewish scholars, whohave [to do with slavery]. .You some courage, enough to contact me, but not enough deniers of having anything should read what wrote the [New York] Times. ' 'No they in manhood to stand up, have sent me information about the .how could you dare." Jews could be be every involved.. Jews involvement in our slavery. have all the letters these people We sent. They don't even Opinion: Many ofyour critics question your scholknow their own We made the distinction -we said history. arship and say you have not been published. Why haven't merchants and rich people.. .Let's be real.. #. you published anything on your theories? Jefferies: The reason why I am the center of the storm is because of publication. In a publication, there . . are. . . . . . . . . . . February 18,1992 . The Opinion 9 �...Jefferies Speech continued from page 1 and developed a value system built on aggression and male dominanceand superiority. This value system was unlike that ofthe "Sun People" (black people) who had greaterresources and a value system of balance between men and women. Jefferies supported this theory by referring to "scientific studies" stated in various articles in Newsweek magazine and U.S. News and World Report. He commented on the title "The Way We Were" used in the November 10, 1986 issue of Newsweek, which discussed the European ice age. He said it should be entitled "The Way They Were." Jefferies said that "the European," referring to white people, "[are] not prepared to deal with the truth ofthe universe." Jefferies said that he was surprised by the way many members of the Jewish community have reacted towards him. He said that his "Jewish brethren.. have been dealt a dirty deck of cards by white supremacy," and that "the holocaust ofthe Jews takes nothing away from the African and Native American holocaust." He stated, "we have never singled out Jews regarding their involvement in slavery but that [he] would not bury their interest," whichalso included the Catholics and Protestants. He once again reiterated that "It is not about anti-Semitism," but added that it was about "anti-Kemitism," referring to the wordKemit," meaning Egyptian. Jefferies attempted to bait hostility his audience with the comment in "Isabella's jewels has little to do with the discovery of America. Isabella's Jews did." The statement was followed bya full minute of silence and he then switched to another topic. Over one hour later, he returned to the topic and elaborated on his statement. Using his system ofanalysis, Jefferies discussed the Jewish involvement in the colonization ofAmerica. He said that in 1492, the same year Columbus landed in America, the Spaniards overthrew the Is- lam religion with the defeat of the Moors and the taking of Grenada. He also stated that Jews were forced to change theirnames and those that did not were persecuted by the Christians. He said Jews were the first to participate in the colonization so that their persecuted people could be sent to a safer place. Jefferiessaid "Blackfolk.. have two souls in one body: whether to be true to yourself orbe areflection of someone else. He said that society says "to be successful, you must be. white and if not, try to be white." He said today's educational system teaches you''to talk white, walk white, and get a white one if you can (pause) a white degree." He said such a society creates a "Michael Jackson Syndrome," referring to Michael Jackson'swhitening of his skin. After the laughter from the audience quieted, Jefferies stated that his problem was not a joke but a dilemma that all African-American's face. He said Michael Jackson is "a victim ofbeing sold on white supremacy. .and never reached full African manhood development." He extended his analysis to Japan's role as an economic power. Jefferies said Japan was tricked into believing that the U.S. had many nuclear bombs during WWII and would not be tricked again. He said Japan is at war, but not a military one. He said "economics negotiates the environment and creates. Politics manages the economy and distributes the wealth." He said when economics, politics, and culture are brought together, there is power and balance. He said, "Blacks are not allowed to synthesize these factors for power." Jefferies said that the socialization of African-Americans is done through the mediaand film in creatingnegative images. He asked the question "Can [Jews] seethe negativity ofthe cinema [as] the death and destruction of ourimage." He mentioned how the depiction ofAfrican-Americans in movies such as "The Birth of A Nation," . . . ...KwameTure continued front page 1 Mr. Ture's message for Sunday evening encompassed all that he had experienced in the United States during those turbulent times, as well as his experiences in Africa. His message was fundamentally directed to the African youth which constituted the predominant portion ofthe audience Begining witha discussion ofhistory, Mr. Ture proceeded to cover the areas of education, organization, justice, and capitalism. "History is crucial.. .History is only made by the masses of the people. .History, after all, is nothing other than the people's constant struggle for justice." Mr. Ture quoted Fredrick Douglass to further develope his message," Where there is no struggle, there isno progress. So ifprogress is eternal, and it is, struggle is eternal." Continuing, Mr. Ture stated, ". .If you begin your history in slavery, the best you can aspire to be is a good slave. [Thus], you will never find freedom unless youknow of a time in your people's history when you were free." Mr. Ture thenbegan to tie in the other themes of his lecture. "History imposes obligations... [the task is to] not onlyknow the truth, but live the truth. Truth is universal, not particular. There is no middle ground. [Finding the truth] is an eternal process oflearning. The more you know, the less you know. But the more you know, the better you can serve." " Students have the duty to translate to the masses the knowledge and understanding that they possess.. .History/progress is judged by the level of the masses of the people. The task is to serve humanity by serving a suffering part ofhumanity... Our . . . . . 10 The Opinion people have and continue to suffer. The massess of our people are worse offtoday than they were in 1960. Our people will be free... Ourpeople have to be free... And who's going to work for our people if not us." In the interview prior to the lecture Mr. Ture elaborated on this point with calm conviction. He stated that the appropriate question on the issue ofrevolution, "is not whether or not it. will happen, because it will, rather when." Mr. Ture went on to explain that the necessary ingredient is the institutionalization ofthe values, interests and principales of the people in a permanent organization. Mr. Ture pointed out numerous examples ofthe institutionalization ofwhite supremacist's values in permanent organizations in the community, (i.e. the police). Explaining this furtherduringhis lecture, Mr. Ture stated," No one person can make history, rather only those individuals who embody the dreams and aspirations of theirpeople make history... Capitalism has confused you at the level ofthought. You have been taught to believe that one great man changed history and that is not so. We cannot fight the enemy [capitalism] as individuals. .One individual by himself can make no effect upon the course of history, this is true." Continuing, he said "I want to be free, but I need you in order to do so. Organization is the transition [vehicle] to power." Echoing Malcom X, Mr. Ture went on saying, "Power can be obtained either through the ballot or the bullet. If it is through the ballot, we need the bullet to protect our gains." February 18,1992 . . which he said was done by a Gentile and paid for by a Jew, resulted in the greatest number of lynchings in America. Jefferiesconcluded his speech with a reiteration on his theme "Anti-kemit, not ,. anti-semite. He went through a detailed history ofhow the Washington monument, the symbols on the U.S. dollar bill, and other elements ofdaily life have their origin in Egypt. He also traced the history of African kings and queens and their place in history. He left students with the message to go beyond the stage of role modeling. Jefferiestold students to seek out the "mind model" ofpeople suchas Harriet Tubman. He said "find outthenature ofhermindand what motivated her to do what she did." Then they should model after her spirit which gave her the perserverence to keep going back to lead more slaves to freedom. The speech ended with a standing ovation from the majority of students present and had not been interrupted once during the lecture. After a short break, Jefferies entertained questions from the audience that remained during the early morning hours. There appeared to be a great divergence among the students thatremained. Most of the questions came from a group ofJewish students who sat together most ofthe night. When questioned on his scholarship and research sources, Jefferies challenged one Jewish student to name a scholar who contradicts his theory. One African-American studentsaid that what she gotout ofJefferies' speech wasa lesson and that she has a lot of work to do regarding her history. During the question and answer period several students commented as to whether or not the questioning Jewish students were in the same room and heard the same lecture. One African-American student stood up and said "They are not willing to accept that he is not anti-semetic." However, one Jewish student found Jefferies' statement during the lecture that African genes are dominate and European genes are recessive to be anti-semetic. Another Jewish student commented that isartti semetic by implication. He said that Jews are a fraction of the world population and he spent a large percentage ofhis time on the Jewish issue. Another Jewish student said his lecture was far too long. 'He said in 2 1/2 hours what he could have said in 5 minutes." An African-American student said "Jefferies is justified in concentrating on the issues regarding Jews because of the preconceived questions he knew people had before they arrived. Although some students thought the lecture to be long, Jefferies needed to clarify his position and relay 60% ofhisknowledge in an organized fashion, and I think he did it." Jefferies ended the question and answerperiod v >th the comment that UB was the first univjrsilv he had visited where there was disagreement, but still discourse. Vice Provost for Student Affairs, RobertPalmer, said that "Jefferies offered points of view which were insightful and challenging," and he did not find any of Jefferies comments "contrary to the traditions ofa university." Palmer said he was proud ofthe way students handled the lecture and that "we have a community where points ofviewcan beraised withoutintimidation. Dennis Black, Associate Vice Provost for Student Affairs, said that "[Jefferies] was very clear and that people who came with preconceived ideas could leave withsomething to think about.'' Both administrators commented that their only regret was that there was not another room to accommodate the large number of students that were turned away. BSU officers were also very disappointed that 150-200 students were turned away. Ramses Duvivier, BSU Activities Director, commented that Diefendorfhad the largest seating capacity available. When Jefferies was informed prior to speaking that so many students had been turned away, he expressed a willingness to give two consecutive lectures so students could hear him, however BSU was unable to execute such a plan since students hadalready been turned away, uninformed of such an opportunity. Mr. Ture repeatedly urged that Africans join an organization. He felt that an organization would be fine as long as that organization was working for the people in some way. And he went on to argue that, "If all the one's [organizations] out there [now] do not satisfy yourunderstanding ofwhat is necessary for the liberation ofyour people, you should create your own." Mr. Ture also pointed out the fact that Africans have great potential for success, while not fully utilizingthis potential in the past. He highlighted the long history of mobilization within the African community around issues or events which have struck a cord within the African community. As an example, he stated,"that when [Martin luther] King was shot, we burned 269 cities in two days,and then sat down for twenty years." However, Mr. Ture went on to say thatafter each traumatic time in the history of the African struggle, the level of consciouness ofthe mass ofthe people has been raised. He continued, that after an experience such as this, the people return with a vengence. In fact, Mr. Ture stated that it was today's African youth who were to lead tommorrowsrevolution, as "history has shown you the task to destroyAmerican imperialism." As an example ofthis ebb and flow, Mr. Ture pointed to the change in society's relationship to Malcom X. Mr. Ture said that whenMalcom X wasassasinated in the Audobon Ballroom no one knew who he was. Now every African youth knows who he was and what he stood for. Addressing hisattention to American Capitalism, Mr. Ture cited its "animalistic history." He continued that it is, "a corrupt system determined to exploit forever.... I speak about principles, and principles are clear. Corruption can never produce freedom. Capitalism knows no sentimentality, and neither does revolution." Mr. Ture stated," Ideology is culturally based, this is true, [and] American capitalism does not come from African culture,rather European culture.. .America Our wellis not our culture, Africa is. being is not tied up with the well being of America." Mr. Ture later went on to point out that America is in fact the enemy ofAfrica having, "raped and pillaged herrepeatedly, attempting to hide and destroy everthing she has produced. Arid the enemy ofmy home and my people is an enemy ofmine." When asked in the interview to comment on the fall of communism in other parts ofthe world, Mr. Ture had this to say, "you can never judgea system by the people in that system. You must judge the system by the principles and ideology which it embodies. And ideology isculturally based. Marxism/Leninism did not originate in African culture, sothe fact that ithas failed theremeans nothing inour African struggle. Mr. Ture closed with a larger view of justice and Africa saying, "Justice is not a quantitative question, it is a qualitative question... Until Africa is united and free, no African across this globe will be re- ' .. . spected." Still a chance to join this wonderful organization... ...learn to spin a web... ...squeeze and massage with the best... -The Opinion Staff �The Opinion Mailbox : ...No Solutions continued from page 4 interesting for its suggestion that there is both strong truth and weak truth). The current status of Dr. King, therefore, appears to be that one may steal his rhetoric, but his ideas should be selectively suppressed. This is unfortunate, for in Montgomery onthat dayin 1965,Dr. King's idea was that "the end we seekis a society at peace with itself, a society that can live with its conscience. That will bea day not of the white man, not of the black man. That will be a day of man as man." Dr. King promised that such a day would not be long in coming, but if we do not reject the narrow, divisive agenda of Leonard Jeffries, that day appears nowhere in sight. Consider Mr. Jeffries' speech at ÜB. Let's grant his contention that truth can be gained through the learning process. Now weigh his theory, professed in his speech (see also New YorkMagazine, 1/21/91,and News Jay, 6/17/90), that blacks are superior to whites because they have more melanin— a skin pigment—and melanin regulates intellect and health. If we accept the degree ofscientific inquiry present in Mr. Jeffries' theory ofracial supremacy, we might as well revert to thinking the world is flat. Is itany wonder that the scientifie knowledge of American 13-year-oldsrecently placed 13th out of 15participating countries, when students at UB greet Jeffries' bad science with nods ofapproval, rather than the gutwrenching chortles oflaughter it deserves? I once heard a well-educated Asian man seriously declare that his race was the most advanced since Asian men had less facial hair. Perhaps we should invite him to speak next month. Or how about some pitiful jackass in a white sheet and a hood? The world is full of silly theories of racial supremecy that should be recognized for the garbage they are, no matter what the The Opinion Mailbox : ...Suggested Changes continued from page 4 Further, must one brief score be imposed uponboth partners? The oralrounds count individually, while a team receives onebriefscore. Should membership on the Board be contingent upon a competitor's ability to choose a partner, orhis orheroral and writing proficiency? 2. Procedural control over judges. Once we graduate law school, weare going to believe that we know best, and weare not going to like being told what to do,least of all by students still in law school. Without strict guidelines,though, thejudges' evaluations are far too arbitrary and capricious. When the competition is composed of nearly 150 judges and attorneys from the community, there may very well be 150 views on how the competition should be conducted. This is not to say that a diversity of interpretations necessarily has a deleterious effect on the competition, but all competitors should be evaluated as equitably as possible. The bench memorandum should include not only the facts, statutes and case law onthe issue at bar,but also therules and formalities each competitor is expected to follow in presenting his or her argument. For example, whether or not a briefrecitation of the facts should be read, or more importantly whether a competitor may ask if the judges would like to hear such recitation. How should the competitors address the court? "With all due respect", "No, your honor. How should parties be referred to? "Appellant, Respondent", or by name so as not to confuse the unprepared judge. These of course, are just examples, but little formalities such as these can go a long way, at minimum, to putting a competitor at ease knowing everyone has the same expectations. Thus, to this end, John Jablonski, was right on point. There must bea better articulated and utilized objective standard to promote "fairness" and vastly reduce utter subjectivity. 3. John Jablonski raises a valid point concerning the "secrecy" of the selection of the board members. Despite the alleged secrecy surrounding this past year's competition, the competition in 1990 was shrouded in even greater secrecy. It even got to the point last year where competitors had to petition for their scores because the board refused to release them. Everyone instantlyscreamed cover-up, sensing sonje impropriety in the way the scores were handled. In almost a knee-jerk reaction, the board did an aboutface, and any competitor so requesting could receive all oral argument and appellate brief scores. The current Moot CourtBoard should be commended for its decision to release both individual scores, as well as the median scores for all competitors. Additionally, the Board should release the "cutoff scores, thus allowing competitors to know how they compared to those qualifying for the Board, in addition to a comparison to the field on the whole. 4. Second-year v. Third-year competitor. To dispel any existing orpotential rumors ofpreferential treatment, the Moot Court Board should make it clear whether or not second-time competitors, or any third-year competitors, are admitted to the board under the same cut-off score. This past year's competition evidenced no such preferential treatment, while such rumors didsurround the 1990 competition. Consistency is all that really can be asked ofthe board, however, considering third-years are deemed "honorary members", it leaves room for additional misgivings about the selection process. 5. Affirmative Action. When does it end? Not only do minority students get assistance in preparing their briefs, but if that is not enough to get you on the board, "in the spirit of diversity" you might get invited to the board if your minority group is not "sufficiently/adequately" represented by those students qualifying for the board solely on the merits. There are few people who would argue with assisting students who have educational handicaps, or other physical impediments which limit one's ability to complete an appellate brief. The fact that the ' 'affirmative action brief assistance exists, no matterhow infrequently it may be used, is simply wrong - it is discriminatory. LAW REVIEW, TOO! While we were in the editorial neighborhood, we thought we would also add a few comments (no pun intended) as to how the Law Review Casenote Competition might be reformed. 1. All for one, and one for all. The Casenote Competition is not for the reading enjoyment ofthe Note & Comment Editors who have the dubious distinction ofhaving to read and score all the casenote submissions as part of their elected duties. The purpose of the Competition is to evaluate the participating students to determine who is worthy of being invited onto the Law Review. Therefore, what benefit is served by having approximately eight different cases distributed to participants at random? Is that really a fair way to differentiate between students? The list of cases usually includes issues from contracts, constitutional law, civil procedure, torts, and property law. Such a laundry list will inevitably include a , ethnicity oftheir proponents. The road to hell is paved with good intentions, and it may be with good intentions—to instill racial and ethnic pride, for instance—that we have lately become preoccupied with race as a criteria for judging the validity ofa speaker, or a statement, or an idea. Where twenty-five years ago the ideal was to be color-blind, today it is trendy to be color conscious. But the trendiness ofpeople like Jeffries only creates obstacles to solving the massive social problems that threaten to forever perpetuate the hellish conditions oflifeamong the underclass. Do Jeffries' bigoted attacks on whites, Jews, women, Italians, and gays promote a remedy for the 60% of black babies that are born out of wedlock, or for the 61% ofblack children who are raised in single-parent families, or for the 40% of black youth whoare unemployed, orfor the nearly one-half of all black children who are supported by state or federal public assistance? Do Leonard Jeffries' biological theories provide a sound model for the 6 out of 7 black students who don't score above the 50th percentile on standardized college admissions tests'.' Does Leonard Jeffries' babble about ice-people and sunpeople explain why roughly 40% of those murdered in the United States are black men killed by other black men, or why in some large cities black women are five times as likely to be raped as are whites? (statistics from a Harvard University study printed in First Things, June/July 1990). The facts are horrifying, and we need solutions; Jeffries' play to the politics of resentment offers none. His new separatism is no more useful than the old separatism. We need to assure a quality oflife to all our citizens, no matter what race or ethnicity. Our foundation must be built of equality, merit, conscience and principle, not hollow theories that di vert ourattention away from real achievement. To succeed, there has gotto be leadership; what Leonard Jeffries offers is a vile brand ofintellectual thumb-sucking. If the leadership insists on abdicating from its responsibility, it would be lamentable if we did not quote dead saints. Brian Carso, 3L great diversity as to information available (cases, law reviews, statutes), number of opinions (majority, concurrence, dissent), as well as interest (to the student). It most certainly did in the 1991 Casenote Competition, thereby exhibiting the dissimilarity in thelevel ofdifficulty among the Cases. Is therereally areason to have sucha diversity in cases? Somewhere the logic escapes. Many law schools use what isknown as a "closed universe" casenote competition. Every student receives a packet with between one and three hundred pages of cases, statutes, lawreviews, and othercommentaries. Each packet is the same and concerns the same case. Why? First ofall, itis fair because all students have the same case, a logical choice since the casenotes are being compared and contrasted with each other. There is no need to worry about theluck ofthe draw. The caseand issues are appropriately chosen and everyone is stuck with the case - take it or leave it. Secondly, since there is only one case, all necessary information isprovided, to avoid 200 students ransacking the library. The Casenote Competition should be predicated upon evaluating one's ability to write, use authority and cite. Sure, research is an important tool to a law student, but should a casenote be made or broken over a student's ability or inability to find certain materials (which may very well have been "misplaced" by another student with the same case). Third, students can still footnote and use the Bluebook to their hearts content. There should be ample material supplied to each competitor so a lack of citable information should not be the Achilles' heel of the closed universe competition. Lastly, it allows a greater number of students to compete. Not every student lives in close proximity to the Law School Library and not everyone is able to stay in Buffalo or be near another law library. A packet complete with case to be commented on and all materials needed and allowed to be cited, more law students could have the opportunity to compete, and compete fairly in the Casenote Competition. 2. Release of scores. Unlike the Moot Court Board, the Law Review steadfastly refuses to release competitor's casenote scores citing "tradition" as the reason. During the meeting in which first years are encouraged to compete in the Casenote Competition, the studentsare assured that even if they do not make Law Review, they can use their casenote as a writing sample. If students do not make Law Review, howare they to know whether their casenote is a worthy writing sample? There seems to be a lapse in logic. When asked why the Law Review refuses torelease scores, Bruce Brown, last year's Editor-in-Chief, responded that to do so would just increase the amount ofcomplaints the Law Reviewreceives as to why a specific individual did not make Law Review. This is an unacceptable answer. With somuchriding on qualifying forLaw Review, a few additional complaints would not place an undue burden on the Law Review. No one is suggesting that competitors know which Note & Comment Editor gave a specific score. Instead it would be relatively easy to release a composite score for each competitor sorequesting. The secrecy inherent in the selection process furthers the untrue assertion that there is something to hide. 3. Affirmative Action. A rather pleasant surprise is that Law Review does notoffer "historically disadvantaged" studentsassistance in writingthe casenote for the Competition. However, like the Moot Court Board, Law Review does practice affirmative action, where students ofcertain ' 'recognized minorities willbe placed onLaw Review ifnot admitted through the two standard ways ofgradesplus casenote or casenote alone the so-called "third" Review. way of By beginning with a premise that minority membership on Law Review should at least equal the proportion of minority to majority student population, theLaw Re viewhas created a quotasystem which we believe is unjust. Diversity is a great thing, and certainly the Law Review should seek to have adiverse membership, but "creating" positions for minorities is of questionablelegality giventhe Supreme Court's decision in Bakke. Well, these are of course only our opinions and do not necessarily reflect the views of the entire membership of SCC. However, anyone agreeing with them knowsthat actionsspeak louderthan words. Sincerely, Daniel Bildner, member ofneither Moot Court nor Law Review; Member, SCC Committee for Academic Standards & Professional Training Marc Hirschfield, Note & Comment Editor, UB Law Review; Honorary Member, Desmond Moot Court Board; Member, SCC Committee for Academic Standards & Professional Training - GIVE BLOOD February 18,1992 The Opinion 11 �From the Desk of the President by Brian P. Madrazo Resolutions On February 5, 1992 and February 12, 1992 the Board 6f Directors passed tliree resolutions on matters affecting the student body. Taken in order they are as follows: (1) A statement requesting that the faculty revoke the Faculty Statement or at the very least convenea committee to edit the statement so as to not chill First Amendment free speech rights; (2) A resolution regarding the law school proposed academic schedule for 1992-1993 and (3) A resolution requesting that proposed changes to the Drop/Add policy ofthe law school be sent back to committee to get both student and faculty feedback. Copies ofall three resolutions were distributed to the faculty and administration. They are posted in the mailroom and in the glass case outside the SBA office. Please*feel to take a look. moving 0n... Grades Once again the grade submission deadline of February 15 has come and gone and once again a significant amount ofthe faculty including a distressing number of seniorfaculty have ignored a deadline that they imposed on themselves. As ofFebruary 14,1992 at 5:00 p.m. over966 grades had not yet been turned in to the registrar. That included four first year classes comprising approximately 360 grades, 9 upper division courses comprising approximately 450 gradesand 10seminars with approximately 122 grades outstanding. If one figures that there are roughly 800 studentsattending Buffalo Law School and each takes 4.5 courses per semester then each semester approximately 3600 grades are produced. Therefore,on February 14, 1992 27% of the grades had not been turned in to the registrar. This figure is clearly unacceptable for a number of reasons including hampering a students ability to find summer or permanent employment, damaging the reputation ofthe school in the professional community, creating financial aid nightmares for students, causing some students to take an extra course in case they failed an exam and last but certainly not least causing needless anxiety among students especially first years. The Board ofDirectorshasreminded the faculty via a letter and in a faculty meeting. Further the Board will be taking the following steps during the coming weeks: (1) Letter to each faculty member who is late, copy of that letter to Dean Filvaroff and Associate Dean Boyer (2) One week later a letter to each faculty member who is late, copies to Dean Filvaroff, Associate Dean Boyer, President Greiner, University Council, the Faculty-Senate and the UUP. Further, as representative ofthe student body Iwill be filing a complaint with the Faculty-Student Relations Board on the behalfofeach and every student whodoes not yet have all ofhis or her grades. (3) One week later a letter to each faculty member who is late, copies to Dean Filvaroff, Associate Dean Boyer, President Greiner,University Council, the Faculty Senate, the UUP,the SUNY Board ofTrustees, Chancellor Johnstone, the Alumni Association. (4) One week later a letter to each faculty memberwhois late, copies to Dean Filvaroff, Associate Dean Boyer, President Greiner, University Council, the Faculty Senate, the UUP, the SUNY Board of Trustees, Chancellor Johnstone. the Alumni Association, The Court of Appeals, the ABA, the Higher Education Committee in the StateLegislature and (5) the media Each letter will list all the The Opinion 12 faculty whoare late and will include where eachletteris currently being sent and where it will be going. Personally, I hope that it does not come to sending even one letter but the deadline is far too generous as it is and the faculty must accept the responsibility of turning their grades in on time. Do not harass their secretaries or A & R, take your complaints to the professor and to the administration. moving 0n... Committees Still a very weak response for the budget, commencement, speaker committee 1993 and orientation 1992 committees. If you are interested stop by the office. moving 0n... Budget Proposals By now each recognized student group should have received the forms in their third floor mailbox. You are responsible for having them in by the deadline which is February 21 or the end of this week. Make sure you back up your requests with documentation. Drop by the office if you need help preparing your groups budget. What has been happening During the past two meetings the board voted to grant the Hibernian Society, two hundred and fifty dollars to support a party on March 19, 1992 and purchase a banner. The Board also granted the InternationalLaw Society three hundred dollars to help them finance the upcoming ILS Conference. The Board also donated a party to help raise funds for the Kenyatta Memorial currently being set up by the school. That party will be in March ata time to be determined. moving 0n... Executive Officer Petitions Believe it or not it is time to start thinking aboutreplacing the current Executive Committee consisting ofthe President, Vice-President, Treasurer and Secretary. Petitions are available outside the SBA office, room 101 O'Brian Hall and are due back by March 6,1992. Failure to return the petition means you willnot be on the ballot. I truly recommend that people run as a ticket, not because political parties are that much more effective but because the executive committee needs to workclosely together all year. I personally lucked out, although I did not run withany ofthe other executive committee members we work well together and as a result the Board is more effective. I said in September that the Board needed to be professional and that ithad the potential to truly affect life on campus for the better. I still believe that and 1 encourage the various student leaders at the law school to considerthe SBA Executive Committee. moving 0n... University Council Petitions Petitions are available at the main office ofevery student government including the SBA. While the election dates are the same as the SBA Executive Officer elections the time frame is different so make sure you read the directions carefully. This position is very important and I encourage any law student who would like to pursue this route to drop by the office. moving 0n... The Rest As usual I am open to your ideas, suggestions and even criticisms. The office number is 636-2748 and I am on campus each and every day of the week. Our meetings are Wednesdays at 7:45 in room 706 (please note that this weeks meeting on the 19th is canceled) and are ofcourse open to anyone. Make your views known. Until next time. February 18, 1992" SBA: Up Close & Personal by Natalie Lesh, Business Manager The funds are dwindling!!! At the last two SBA meetings, the class directors voted to give away a large chunk of the monies remaining in the Unallocated Reserve and Social funds. The Board, while conscious of the possible consequences ofdepletingtheirfunds so early in the semester, felt that givingthe money away was necessary under the circumstances. Many new groups have formed this year which have been operating on budgets taken from the unallocated reserve, and more recently, the social fund. Undoubtedly, the groups are all deserving. This first-come, first-serve attitude, however, will effectively serve to deny assistance to groups who made need money later in the semester. This budget crisis will also have implications for the upcomingbudget hearings. The class directors and the Executive Boardrealize that the SBA should not be operating with such a small amount in the Unallocated Reserve. This necessarily will mean that individual club budgets will have to be "trimmed," so that the SBA can retain a larger general operating fund. Of course, this is not as bad as it sounds, as clubs can easily request additional funds from the SBA duringthe year. The SBA is faced with another double-edged sword situation with respect to the budget. As some ofyou may know, Alumni Arena has been conducting a survey to determine what groups use the recreation and intramural services, when they use it,and how they use it. Basically, they want to charge each student group a rate whichreflects their usage ofthefacility. Currently, the SBA pays approximately $4 perlaw student, enabling all of us to use both Alumni Arena or Clark Gym whenever we want. According to the survey figures, the SBA will have to pay about $15 per person for the same privileges next year. The increase of almost four-hundred percent is a major expenditure, and will have further negative implications for the upcoming budget hearings. The alternative to paying this amount, however, is that each law student will have to pay $90 in order to use Alumni Arena or Clark Gym next year. The Board is, ofcourse, divided on how this problem should be resolved. It's a no-win situation: if they agree to pay this amount, clubs' budgets will ultimately be "trimmed even further, but if they do not pay for us as a group, each of us will have to pay a much higher fee individually. This is where we all conje in. The class directorshave been elected in order to represent their respective constituencies, but are able to do this effectively only when they are aware of what that constituency wants. All of the class directors are eager to hear how everyone feels about this issue. Their votes will undoubtedly come back to haunt them, and theytherefore deserveas much input as we can give them. So find your class representatives and tell them what you think!!! I hate to be the one to have to say it, but if you don't voice your concerns now, you will have no one but yourselfto blame later 0n.... Again, I repeat my invitation to everyone to join me at the next SBA meeting- Wednesday, February 26, Room 706. I hope to see you there! Open Letter from the SBA Board of Directors February 16, 1992 To the Faculty and Administration ofthe University ofBuffalo School of Law: We, the Board ofDirectors ofthe Student Bar Association, are writing to express our concern over the continued existence of the Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment. The student body hasrepeatedly expressed its disapproval ofyour attempt to enforce political orthodoxy by trivalizing and "tempering" the right to free speech. As representatives ofthose students,we must call on you onceagain to eitherrepeal the Faculty Statement, or at least make it explicitly clear that no student will be sanctioned on the basis of views that a professor or fellow student finds to be politically incorrect. We would prefer the former course ofaction, so that the situation can be ameliorated without an endless round of committee meetings and bureaucratic inertia. In closing, weremind you that this is our school, too. We wantto see the school reflect the intellectual freedom and diversity ofall its members, not just the political tastes of the faculty. Your cavalier dismissal of the First Amendment is an emharassment to us all. Yours Sincerely, The Board of Directors of the Student Bar Association SBA Notices... **Student Groups Budget deadline This Friday **Petitions available for executive SBA office: outside of RmlOl O'BrianHall **The SBA would like 3rd Year Students to know it's not too late to submit your nominations for the Student Speaker, Faculty Award and Staff Award! PJease write ' your nominations on a blank piece ofpaper and drop it off in the SBA box in the Mailroom before February 21th. ** University Council Elections will be held on March 25 27 from 9:00 a.m. 4:00 p.m. - - �Recent Resolutions Passed by the SBA STATE UNIVERSITY OF NEWYORK AT BUFFALO SCHOOL OF LAW Spring 1993ACADEMIC CALENDAR. Proposed Changes 1=CLASS 0=NO CLASS IQ1AJL CLASS DAY} M I W I E TO: Student Body, faculty and administration FROM: Student Bar Association RE:Law School Schedule 1992-1993 DATE:February 12, 1992 0 0 0 0 1 1 1111 0 1111 WHEREFORE; Current ABA Guidelines require one hundred forty class days each year. 1 1111 1/25 1 till 2/1 2/5 5 1 1111 2/8-2/12 5 0 1111 2/15 4 1 1111 2/22 2/26 5 1 1111 3/1-3/5 5 1 1111 3/8-3/12 5 1 1111 3/15-3/19 5 1 1111 3/22 3/26 5 1 1111 3/29 4/2 5 0 0 4/5-4/9 1 1111 WHEREFORE; True reading days prior to exams have not been scheduled duringthepast two years. WHEREFORE; The initial schedule for 1992-1993 does not have reading days scheduled in either semester. WHEREFORE, The initial schedule calls for classes to start Wednesday August 19, 1992 and end on Friday December 4,1992. Orientation is scheduled on Monday August 17, 1992. WHEREFORE; The initial schedule callsforthe break for Yom Kippur to begin at 6:00 p.m. on Tuesday October 6, 1992 and end on Wednesday October 7,1992 at 6:00 p.m. WHEREFORE; 0 0 First day ofclass 1 1/11-1/15 5 1/18-1/22 M. Luther King Day - • - Washington B-day2/l5 2/19 - 0 1/18 1/29 - The initial schedule calls for classes 1 1111 on Thursday January 7,1992 and end on Friday April 23, 1992. 15 15 12 14 14 WHEREFORE; The initial schedule calls for only 13 Mondays in the fall schedule and 12 Mon—days in the Spring. THEREFORE; BE IT RESOLVED: EXAMS: Monday April 26 Friday May 7 That the SBA proposes these changes in the schedule for next year. Commencement: May 16, 1992 1.)Orientation be moved to Friday August 14, 1992. 2.)Classes begin on Monday August 17,1992 and end on Wednesday December WHEREFORE; REASON ONE: 2, 1992.(This gives the schedule 14 MonIt isadvanced by Associate Deans proposed clarification passed The days and seventy one class days.) the Academic Policy and Program Boyer and Albert that an unrestricted drop through 3.) That Thursday, December 3, and Committee only once, shortly be- policy encourages students to bank courses. Friday December 4 be classified as reading Review fore final exams with little or no student They offerno numbers to support this theory days. but rather a hypothetical. What the hypo 4.)That Yom Kippur begin at 3:30 input. WHEREFORE; fails to mention isthata student who drops p.m. onTuesday October 6,1992 and that information and belief this after the close ofthe official drop period Upon Wednesday October 7, 1992 classes be proposed change stems from one incident, gets an R on theirtranscript. That "R"is canceled in their entirety. facts of which were never not a minor matter as employers want to s.)That classes resume on Friday, the complete to the APPRC. communicated know why you dropped a course and post January 8, 1992 and end Friday April 23, WHEREFORE; law school graduate courses also will take 1992. (This gives us 69 class days.) noted in the memoThe note ofthat "R". The proposed changes problems Adopted February 13,1992 by accla,, generalizationsandremain un- will not eliminate getting this "R but randum are mation by the SBAsubmitted February 14, documented to either the faculty or the rather just makea student get permission in 1992 by Brian P. Madrazo SBA President student order thata damaging mark be placed upon body. see attached schedule and memoranTHEREFORE; BE IT RESOLVED: a students transcript. dum. That the SBA recommends that REASON TWO: the proposed changes be sent back to ComThisreason doeshave some merit. mittee and that subsequent action on this Especially inseminar coursesstudents dropmatter have both faculty and student input ping willy nilly could create havoc. HowRESOLUTION approval. and ever in the specific example mentioned no TO: Student body, faculty and 13,1992 acclaadopted February by effort was made by the committee to disadministration mation ofthe SBA. cover why those two students dropped. FROM: Student Bar Association byBrian 14,1992 submittedFebruary That cuts both ways, one could argument RE: Resolution on proposed changes in Madrazo SBA President P. that the students needed permission argue if Drop/Add Policy and supSee attachedmemorandum then the committee would already be in * DATE: February 14, 1992 porting documents. possession of that information. For that reason I would propose that a student be WHEREFORE; SUPPORTING MEMORANDUM required to at least talk with an Associate The Student Bar Association disTO: Dean prior to dropping a seminar course. Faculty agrees withthe memorandum ofDecember FROM: Brian Madrazo P. However, the final decision should be and 2, 1991 from Associate Dean Boyer and SBA Resolution on proposed changes RE: must be up to the student who stands to be Associate Dean Albertregarding the clarihurt the most by staying in a course they Drop/Add policy to fication ofthe Law School Policy on Dropwish to get out of. 14,1992 DATE:February ping Courses. attached memorandum REASON THREE: Please see WHEREFORE; and Albertfor from Associate Deans This reason is absurd. The comBoyer The proposed clarification does reference. kicks out of the system every year puter constitute a significant change in existing those students whohave grades in less then Law School Policy. toresume 1/8 - 4 5 4/5-4/9 0 4/12 4/10 5 4/19 4/23 5 69 - - - twelve credits. It would be a simple matter to alert the proper people that a false financial aid package might have been sent out and let them follow up on that information. REASON FOUR: Advanced not in a memorandum but rather in a meeting this reason basically is founded upon responsibility. Of all thereasons this one bothers the Board the most. The reasoning goes like this. Students need to take responsibility for their actions and pay the penalty when they do not. Quite frankly, this carries little or no weight at the present time. It might carry weight if all the grades were in, ifthe faculty obeyed its own By-laws and met once a month, ifa Research and Writing Committee was formed by the Faculty to review and revise the current program. Responsibility starts at the top. CONCLUSION: For the reasons advanced above, and per the SBA Resolution attached, these proposed changes should be discussed by the APPRC duringthe course of the next semester. Both student and Faculty input should be a part ofthis process. There are three legs to this institution, the faculty, the students and the administration. We need to work together to make this school the best it can be. I would be more than happy to discuss this matter with any member of the faculty, please feel free to give me a call at 636-2748. Thank you in advance for your time and attention to this matter. February 18,1992 The Opinion 13 �...Grading continued from undergone various permutations. Some professors now employ a Q* grade to deested parties" includes potential employers, students will no longer have to demystify note performance a caliberabove Q, thus in their transcripts during the interview proa sense, creating a de facto five-tier system. cess. Furthermore, those students with The earns the recipient a letter from the Q*'s (or strong Q's in classes with profes- professor stating to whomever mayread the sors who refuse to give Q*'s) would now student's file that the student's performance receive B's, which under the new grading warrants recognition. (Some professors system represent 'better than average' perhave even added the to the "H" and formance. Conversely, however, those stu- (yes) the "D" grades to distinguish these dents with low Q's will no longer beable to grades from the "plain" version of those argue the opposite to the unsuspecting emgrades.) Nevertheless, other professors ployer, since they will appear as "C""s or continue to cling to the original version of lower on their transcript. the grading system, refusing to give "Q*" The current H-Q-D-F system has been grades despite strong performances. Brian Madrazo, the current SB A presiin place since 197Q- In 1974, an attempt was made to modify itby adding a Q+ as a dent, applauds Dean Boyer's efforts to imfifth grade. However, students quickly prove the grading system, since it is all a protested that ifthe law school was going to step toward making UBLaw a better school. revert to a five-tier system, then it should "Ifyou're going to have an H-Q system," he simplyreverttothe A-B-C-D-Fsystem. An says, "then let it be just an H-Q system." SB A committee studying the issue, as well Permitting, however, that some professors as interested alumni, recommended the use one system and othersanother, is unfair same. The faculty eventually voted to not to students "because despite how hard they implement the Q+ at all and simply stayed work in a class, they will not be able to with the four-tier system. distinguish their Q from that of a student Since then, the four tier system has who did not put in an equal effort." "*" "*" ...Threatened Suit continued "Bar Revu" a Smash! page 1 from page 7 this Law School on notice ofmy "Learning Disabilities'' handicapping condition. The New York Board of Law Examiners notified me January 17, 1992 that this documentation was "too old" and did not adequately address the need for the specific accommodations I have requested on the Bar Exam. The fact the accommodations I havereceived at the Law School are identical to the ones I am requesting for the Bar Exam doesn't seem to matter. So now, on top oftrying to prepare for the Bar Exam, I found my time consumed having to scramble around for new documentation. Because I am a client of VESID (New York State Department of Education: Vocational Educational Services for Individuals with Disabilities) I was able to use the services ofa Clinical Licensed Psychologist located byand paid for by VESID. But what about those of you who were identified in first or second grade and have been simply coming up through your education, year after year, without subsequent testing? These evaluations cost over a thousand dollars easily. On February 1, VESID sent me to the new psychologist who spent 5 hours testing and evaluating me and produced a 6 page report. I have now been diagnosed with "attentional deficit hyperactivity disorder' 'in addition to my specifie learning disabilities". While I am in the 98th. percentile in Knowledge (Woodcock Johnson), and in the 98th. percentile in verbal comprehension (WAIS-R) and in the 87th. percentile in perceptual organization, I am in only the 09th percentile in freedom from distractibility (In other words, a monkey probably has a longer attention span and ability to concentrate than I have.) lam also below average in mathematics and only average in written language ability, and it is this significant decrease in performance as compared to intellectual ability that indicates "learning disabilities'' are present. It is now 7 days before the Bar Exam and I am still waiting the decision from the Board of Law Examiners as to whether this newest documentation is sufficient to meet their criteria for accommodations. Anyone who has learning disabilities who wishes to see my report, to compare with your own documentation, to establish the basisfor specific accommodations requested, is free to have a copy. Or, have the "Special Needs" Graduate Assistants contact me on your behalf, to protect your confidentiality. Box 394 or 832-3581/machine. Without a doubt, Bar Revu off to a smashing success for the Spring 1992 semester. Indeed, many of our colleagues have joined the weekly revelry adding exponentially to the sounds of laughter. People ask, " What is Bar Revu?" and "Who goes?" Well, the answers are simple and straight-forward, unlike many other things here at our law school. Bar Revu is a weekly gathering which affords people a chance to kick back, relax, and catch-up on conversations that general hall talk does not allow. Its up for grabs as to who attends each week with the exception of the core crew who attend every week. However, I can't repeat this enough, so maybe I'll put it in bold, ANYONE & EVERYONE IS WELCOME TO COME, TO MEET NEW FRIENDS AND RENEW OLD ACQUAINTANCES. So come on down and find out what it's all about!!!!! But, back to my report, on Thursday, February 6th, Bar Revu chose the Shabeen downtown. The place was packed. What was the head count. .? Who knows, I lost track after the number hit midfifty. But I guess it all depends on who you talk to. For some of the attendees, there was only one person within their view, however, for others, their eyes were definitely taking in the panoramic perspective. A good time was had by all. The following week, Thursday February 13, Bar Revu set up shop with slightly less people. This was due to the flight of law students away from Buffalo to their significant others in observance of the Valentine's Day weekend in combination with the many other parties that were taking place that evening. Nevertheless, the faithful crew arrived, imbibed, and truly enjoyed. Darts were flying as was conversation. It was good to be alive that night. Looking to the future, the next Thursday gathering of the Bar Revu will be at the Founding Fathers located at 75 Edward Street, just off of Delaware downtown. Just in case you need additional help, their number is 855-8944. . SEE YOU THERE. Position pa/peurs the from Democratic Candidates be on will available in reserve the law library, under SBA/SASXJ collected. materials. Thanks to Boehringer for Shawn gathering these materials during his trip to New Hampshire. . . ...Storm continued from page S tation. .He wants to be controversial. .He's an expert. I'm not saying the man is stupid, I'm saying he' s a racist and a bigot.'' Both Small and Herman, said that Jefferies groups Gays, Jews and Whites 1 together. Small stated that Jefferies referby Robert Garnsey ence to the role of''rich Jews'' in the slave If the mid-February blues are getting you down, if you're tired ofslogging tlirough trade is a' 'cover-up. She commented that the dirty brown snow of dingy, working-class Buffalo, 1 suggest checking out Alan "most people think of Jews as being rich Parker's The Commitments at the Amherst Theatre this week. At least there you can get anyway.. the lawyers and'the Jewish docgreat music while watchtwo hours oflaughs and tors. So, he's not cutting anybody out that kick-ass R&B band from Jewish remark.. by saying 'the rich Jews.' ing the rise and fall of a the slums ofdingy, working-class Dublin. I bet. he thinks all Jews are rich. Most More than anything. The Commitments people do, but their not." is a fun movie, as much for its sense ofhumor as it Small said that Jefferies' comments is for its pulsating music. Not atypical rags-to-riches on the Jewish involvement in the negative the meteoric (andfictional) portrayal of African-Americans in Hollystory, the film chronicles career of Ireland's hottest white soul group. The wood "was ridiculous." Herman added movie is filled with memorable characters: that there was no conspiracy in Hollywood. Jimmy, the group's manager, who sees the band as He said, "ifanyone is givingabad image of his ticket out of Dublin and offthe unemployment blacks it's some of Spike Lee's films which rolls; Joey Fagan, the middle-aged trumpet show. violence. and then white people player who acts as the group's spiritual guru; and watch that,andthen no wonder some people Deco, the obnoxious but brilliant lead singer who are afraid." frontman since Meat Loaf. may be the ugliest Small and Herman did saythatBlacks (Watch Deco closely; he may remind you of someand Jews shared a common history ofprosall, of course, isthe music; ecution and they should work together to one you know.) Best of ye this is one ofthe few films I' seen that made me wantto run out and buy the soundtrack. fight against people such as David Duke. acting in the film, as performed by a cast of unknowns, is superb and highly Small stated that "Jefferies can influence : throughout. The dialogue is fast and witty and sprinkled with plenty of young African-Americans. Give them a ;, although the Irish accents are so authentic that you may have trouble chance and let them make theirownchoices. understanding what the hell these guys are saying at times. But, all in all, The .let them do research. He shouldn't sit Commitments is arollicking good time, and a great flick to see drunk, or at least with a there and preach it. A lot of the things good buzz on. Highly recommended. Jefferies says is not true." From the Cheap Seats .. . . E TfteOpiqion 14 1&PW&&&92 . Jim Maisano, a 3rd year law student and Co-Founder of UB Law School's Students For Constitutional Concern (SCO, published aflyer entitled' 'The Facts About Leonard Jefferies," through his organization's Anti-Discrimination Committee. Maisano, who also never heard Jefferies speak, said that "people should know about Jefferies' anti-white, anti-Jewish positions." He said that a question should be raised as to why the BSU invited someone who is so "ridiculous." Hβ also commented that he found it interesting that "Blacks are so sensitive to certain statements, but don't understand Jefferies'. antisemitic statements.'' Although he never heard Dr. Jefferies speak, Chris West, an African-American first year law student, said he was looking forward to hearing Jefferies, given what he has heard in the media, but was unsure as to whether Jefferies is anti-semitic. He said, "for some reason when we state our history. and it seems that certain groups of people have done something negative towards Africans, and when we state the way we feel about it,. .it comes off as being anti-semitic." He thinks Jefferies comes across so powerful because he hates the truth about his history. He felt it is positive that Jefferiesiscoming to UB because' 'we get a chance to hear whathe has to say.. .1 want to find out." . . �The Docket UB International Law Society Presents: Internalization of the Law February 28 & 29 O'Brian Hall Registration Table Open Mon.-Thurs., 9-11 and 1-3 $ 15 UB students without Sat. dinner $25 UB studetns withSat. dinner Topics Include: Intellectual Property Environmental Law The Far East Central Europe Criminal Law Latin America* Immigration Education and Careers in International law Dr. Leonard Jefferies will be appearing in a televised interview on March 6 and 20, 1992 on TCI Cable, Channel 42 and Channel 58 UHF at both 1:30 PM and 8:30 PM Phi Alpha Delta Rush Meeting for all those interested. Wednesday, February 19, at 3:30 p.m. in the First Floor lounge. Black Law Student Association Black History Month Events Wednesday, February 19 11:30 AM Culture Fest - 2nd Floor Hall -Enjoy African-American cuisine $3.00 per plate. Wednesday, February 19 6:30 PM Movie Night (location TBA) - ******************************************************* Cultural Weekend* d CUSTOMIZED & LETTERED SWEATSHIRTS ARE AVAILABLE FROM IL JACQUE JONES BOX 684 Those of you who frequent the 4th sor computer lab have had the opportunity to see tl talented work of Ms. Jones' mother who keeps h entrepreneur daughter well stocked with colorfw. sneaumrts with "Buffalo Law" sewn in large block letters across the fronts in various styles and patterns. The sweatshirts are available in light, medium and heavy weights and are in all sizes. Prices run, depending on the weight, size, quality of sweatshirt itself and features in style of sweatshirt, from $25 to $40. You may select any weight, any color, and any phrase or slogan or buy ready made "Buffalo Law" ■already made up which Ms. Jones has as samples. These sweatshirts are unique and draw laudable attention. Show some school spirit and order one today by I dropping a note in Box 684 with name and number or look for Ms. Jones with her distinctive sweatshirts as she moves through our halls between her classes. . Friday.February 21 7:00 PM Jazz Cabaret - Center For Tomorrow-Live Jazz, Show and Dinner Saturday, February 22 7:00 PM Party at "RAGS" Sunday, February 23, 7:00 PM Fashion Show - {Catherine Cornell Theater ******************************************************* Wednesday, February 26 6:30 PM - Movie Night (location TBA) Thursday, February 27 5:00 PM Guest Speaker "Brian Stevenson" ofthe Alabama Death Penalty Project- (location TBA) �A ticket for all weekend events is available for $10.00 at the UB Ticket Office. Each event will be $5.00 if purchased separately. Defending Battered Women in a Criminal Case One-day program February 22, 1992 O'Brian Hall Register in Room 522 Free registration for UB students! MUG AL TAX COMPETITION OpentoALL2L's&3L's Tax I Required If you are interested, or need more info, please contact: Mike Keane, Box #439 or Ken Sodaro, Box #556 phone #822-7914 Briefs due by: February 22, 1992 Dates of Competition: March 5,6, 7 Hurry! Join today Limited Time Offer! - February 1«,1952 TheOpitfibn 15 �4 BAR REVIEW BULLETIN SPRING SEMESTER DISCOUNTS IVT 1992 AND 1993 GRADUATES Registration fee of $75 = Discounted tuition of $1195 01994 GRADUATES Registration fee of $75 = Discounted tuition of $1095 j ���DISCOUNT DEADLINE TO BE NOTE: Full tuition for the New York course is $1325 MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM (MPRE) \V\ EXAM DATE: Friday, March 13th IVT APPLICATION POSTMARK DEADLINE: lin BAR/BRI MPRE LECTURE Friday, February 14th NEW YORK CITY (LIVE PRESENTATION) DATE: Sunday, March Ist PLACE: Ramada Hotel at Madison Square Garden TIME: 11AM to 3PM OUTSIDE NEW YORK CITY (VIDEOTAPE PRESENTATION) DATE, PLACE AND TIME TO BE ANNOUNCED TUITION: Free for BAR/BRI enrollees. ($75 payment required FULLY CREDITED towards your bar review tuition) - NEW YORK PRACTICE & PROCEDURE MINI-REVIEW Ua NEW YORK CITY (LIVE PRESENTATION) DATE: Saturday, March 7th PLACE: Ramada Hotel at Madison Square Garden TIME: 10AM to 4PM OUTSIDE NEW YORK CITY (VIDEOTAPE PRESENTATION) DATE, PLACE AND TIME TO BE ANNOUNCED TUITION: Free for BAR/BRI enrollees. ($75 payment required FULLY CREDITED towards your bar review tuition) - For more information, stop by the BAR/BRI table at your law school or call the BAR/BRI office at (800)472-8899. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d04b85b023850089e2d3c2a615328f3f.pdf 46c216b43c0650225b7845347e1bcdcd PDF Text Text THE OPINION Volume 32. No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 12,1992 Library, BegiPar Bar, nkni.n.g The byJo/inB. Licata, iEditor-in-Chief I hadbeen quested to search for the meaning of love. A friend in desperate straights had exacted from me a pledge to provide a definition for the intangible goal. In a smokey wharf-rat infested tavern I met a noted philosopher and human observer. I asked the scholar the meaning of love he responded, "In a word, legs. How long, how tan, and are they walking toward me or away?" Of course, he was only noted in a small tightly knit group of beer swilling men so I didn't take his advice to heart. I then talked to a sage who described love as "Lust, luck and the eleventh hour." Given his amount of unspent lust and paltry luck, I took his advice with a grain of salt. A third advisor said that the essence of lovecouldbe found in the phrases "Carpe Bosom" or "Carpe Buns.'' I took this to be a sign to move my own buns along the trail in search ofa workable definition of love. I stepped into the sunlight and went my morose way. The deadline for the newspaper was looming like a white whale offthebow of the Pequod and I was looking for a sealed casket. The next stop was the library. Books and bums were there aplenty, equally inviting and equally embraceable in my state ofmind. When I approached a silver haired woman she simply silenced me with a glare. I' d get no answers in this mentor for he looked at the two of us for a second , then asked,'' Isthe answer Jesus? suit, "For some." The interloper was visibly torn, hecould find his answer but it would taketime. He then looked at his watch and went on his way whistling tunelessly. It reminded me ofa child humming with his hands over his ears to prevent hearing something unpleasant. I was stumbling in search ofthe answer to the eternal question. Ihad vaguely suspectedthe post office and greeting card companies ofconspiring to create a market where none truly existed. If nobody knew what love was, how could they presume to seal it in an envelope at the rate of 29 cents an ounce? At that rate love cost more than sirloin steak. Now, here wasaman teasing me with an answer. His eyes belied hisknowledge,ensuring me that hehadtheanswer but I wouldhave to work for it. I hedged my bets and guessed thatthe definition was protean, changing for each person. I think anew, as each moment passes, there are so few, a promise lasting. tomb. I went to the park and had a chile dog. On a bench an ageless man sat stonily observing the passersby. He didn't flinch when a cart screeched by or when a bird landed on the sidewalk in front of us. His dark skin had no blemishes and the brown eyes rarely moved. The sun was delicately reflected from ahairless headcreating a nimbus for this being. I had to ask my question. He slowly turned toward me, an expression faintlymocking my question without insulting me. "You want me to define an emotion that has toppledempires, removed leaders of nations and ruptured seemingly indomitable friendships? This is whatmotivatesassassins to kill, spouses to abuse and siblings to donate kidneys. An emotion so elemental to the existence of every human being that the simplicity of the question belies the complexity of its origin? This istheeternal question.'' A man in a suit went by mumbling to himself. He must have overheard the last statement of my Indeed, I look so long, for time so fleeting, my heart waiting for the meeting. Every moment I savor, the flavor, ofcaring, and sharing, laughter and love. Let us all take time to enjoy the befuddled nature of romance for which this day set is aside. -Francis T. The Thought, The by W.F. Trezevant, Staff Writer "To make the effort... to take the chance .. Carpe Diem or Carpe Dumb," thought Aloyious Krum having just read the great poets. But, he pondered, why were all the greatpoets dead? Did the explosion prove too much for their delicate hearts, or did fate and the knife ofrejectionconspire to do them in? Alas, he concluded, these were questions too serious for further consideration in his present emotional egg-shell state. Today is Valentine's Day across the nation but for Aloyious, it isjust Friday, the day before two long days of tortured twists as he lay in bed debating what shouldbe done, or rather what is required of him by his beloved. Yes, he assured himself, ' My mentor responded without looking at the ' 'When you stand in the middle oftheroad a truck is sure to make your acquaintance. No, it's the same for everybody. We have the same basic drives to find that special person, the same rudimentary emotional state that requires, above everything, to locate a companion,'' He fell comfortably silent, not concerned with my response. I mused silently, hoping to appear wise in this man's presence for no apparent reason. In an irrational way I wanted to make him proud of my own insight. Is it found in youthful exuberance? He smiled. "It is found only when it is reflected." I slowly realized that talking to a sphinx wouldhavebeen easier. I madeanother effort and compared love to a vast beautiful horizon only comprehended when seen in segments. "I've always been intriguedby the comparison of love to beauty, as though they were inseparable and integral parts of the same entity. The human mind has, regrettably, been constructed of very convoluted matter. I mentioned a number of ugly events spawned by what I hold to be the sublime. How can that be?" He hadthe expression ofa manresigned to a great sorrow. I was quiet as a churchmouse hoping He was thinking of something to add. "It's being vulnerable to a select group, a groupas small as one person or as vast as theentire planet. It's that brutal honesty that hurts you and nobody else, the honesty of the self. It's the integrity that does not bend, regardless of the tempting lie to make it easy on your chose group. It's embracing your mortality by forging an immortal bond. It's paradox and accord. It's both rare and common. Love is the of pinnacle of human interaction, the quintessence ofthe human dynamic." I had closed myeyes to the rhythmic intonations and with the final words echoing in my mind I opened them to thank the man. He nodded solemnly and wished me well in delivering mymessage to whomever wouldlisten. In a moment I was alone and I still don'tremember seeing him leave that bench. Later in the week I met up with the my friend •and I told her what I'd learned. She said, "Maybe I should've gone myself." Moment,The Impulse...The End another year of study this issue would take. Next February 14 he wouldbe ready to set out and take his"steady".tobe. Yet there she stood, the objectof his heart, the subject of his thoughts, MATILDA. Seemingly fragile though assuredly strong. Here stood Aloyious, a paradox of his own existence paralyzed by inaction. He thought twice ... then thrice of his previous decision, left simply with the confusion ofcontrasting feelings. "Perhaps now is the time." The thought flashed. His heart quickened. Coffee...? Conversation . .? Or maybe dinner at Kentucky Fried Chicken. Poor Aloyious is only a student on a . fixedbudget. She began to move. His heart began sinking, prodding him into thinking, " all was lost.'' Yes, he acknowledged in a silent whisper audible only to his intellect, drownedbythe outcry of injustice and calls for action from his enraged libido, he will resign himself to the simple role of pensive pragmatist. With head hung low, he also began to move, slow. .ly towards the mailroom as the ashes of dreams, hopes and desires smoldered for lack of oxygen. Aloyious dumb, I mean Krum need only have opened his mouth and ask for his mind to flourish with the input of the thorough!y intelligent and engaging Matilda. . �Vμ MM Love Blurbs! 3b ii OPINION Volume 32 No. 11 Krista, IfyouletmeplayinyourpropertyJ'Ushowyou my toxic tort. Scooter February 12, 1992 John B. Licata Editor-in-Chief: Andrea Sammarco Managing Editor: Business Manager: Natalie A. Lesh News Editor: SaultanH. Baptiste Features Editor: DairylMcPherson VitoA.Roman Layout Editor: Michael Radjavitch Photography Editor: StaffWriters: Kevin Collins, W.F. Trezevant, SrikantRamaswami Wanted: A loving woman who' s impatient and selfish for 2 minutes. L.D.S. SWF, 32: That was turkey and cheese with lettuce, tomato and mayo. Right? B. Dave J. We'veheardaboutyou. Let'sgo fordinner. The Jills Editorial MD Is that English Leather you're wearing? HibernianBabes Wanted: One ormore good women unfamiliar withthe word commitment. Like to cook, clean and sew. Independently wealthy helpful, but not necessary. Send resume and picture in lingerie. Dear Editors, Welove the work you've been doing this year. Keep it up YourLoving Admirers SWM 3Oish seeks woman for long-term rela- Next Opinion issue: tionship. Barking is a plus. Send picture and tape. February 18,1992 Articles Deadline: Friday, February 14th Place them in Box 443 or 512 ToLou, Theearly times wespent turned intolate times becauseofyourextra large,pour-it-heavy hands. p..........................^ ! 60's Party I ! CHEERS i - # I Opm lam All night well liquor & beer Come Get Down to the Motown Sound Misty s 3rd Annual Peace & Love B-Day Party (a.k.a. MistyDrops Party) - (come see live video ofMisty giving birth subject to FCC censorship) & Alexandra's 2nd Annual Anti-Valentine'sDay Party (a.k.a. Shoot Cupid Party) (come tell someone you love thatyou need more space) Friday, February 14th 491 Stockbridge L.......................... J The Opinion February 12,1992 Charlie, ThisBud's for you, babe. Keeponstrokin'. Mahindra, Something inthe way you move! WWI JBL, HappyValentine' sDay to a wonderful& caring guy whohas made my law schoolexperienceall the more enjoyable! JSU P.S. You didn'treally fall for this, did you? GregD. Let's stop this charade! Z-- DJ Why haven' t you called me sincethe Halloween party? Stymied Alison- Laurie, My deepestwish is thattogether you and I will discoverall that is within ourselves. Youare one of the truly magnificent, and you will always have my love. Cinema Paradise was a greatmovie. Dave Roger Ebert here. BaldyCrew, You nasty people havemade my lifealiving hell—lhope you 're proud ofyourselves! Love Always, Pete & Michelle Viscious, Viscious, Viscious LT, What is Kristin's last name? Chuck, Iheardyoubraggedtotheboysaboutgettingmy number. Wanna bragabout getting more? P—a Lynda T. Having a really great time. Wish you were B. , 838-0855 MatthewI saw you across the room at ourlastparty, then I left. Go figure. MM The Hogs Opinion Mailbox l4s9HertelAve. Thur. Feb. 13 * To the 1Lchicks in Section 2: Youmake my love bone want to rockand roll. M.K. The ideas expressed in the "Lettersto theEditor" and on the commentary page are notnecessarily endorsed by the EditorialBoard ofTheOpinion. 2 Law School Women: Doyouthinkyoucanloveme? Fmastinker,not athinker. Bubba 1. That's where the Studmuffin studies. 2. Searching for an unbroken chair can beturned into a real ly fun game 3. Easy access to Professor Blum. 4. Most carrel dividers have peep-holes. 5. Can practice your oral argument and no one seems to mind. 6. Best spot to meet a Mcd student. 7. It's where Voyeurs Anonymous has their weeklymeetings. 8. Are there any other no-smoking lounges? 9. Always wanted to meet an undergrad from Korea. 10. Close enough to hear the sex games in the carrels HAPPYVALENTINE'S DAY Copyright 1992. The Opinion. SBA. Anyreproduction ofmaterials herein is strictly prohibited withouttheexpress consent oftheEditors. The Opinion ispublished every two weeks duringthe Fall andSpring semesters. It is thestudent newspaperoftheState UniversityofNew Yorkatßuffalo School ofLaw. The views expressed in thispaper are notnecessarily those ofthe Editors or StaffofTheOpinion. TheOpinionisa non-profit organization,thirdclasspostageentered atßuffalo,NY. Editorial pot icy ofTheOpinionisdeterminedby theEditors. The Opinion is funded by theSBA from StudentLaw Fees. The Opinionwelcomeslettersto theeditorbutreserves theright to editfor length and libelous content. Letters longer thanthree typed doublespaced pages will beeditedfor length. Please do not put anything you wish printed under our office door. Submissions canbe sent viaCampus or United States Mail to The Opinion. SUNYABAmherst Campus, 724 JohnLord O'Brian Hall, Buffalo,NewYork 14260(716)636-2146 orplacedinlawschoolmailboxes443orsl2. Deadlines forthe semester are theFriday before publication. I I need aman who' s macro, not micro. M Top 10 Reasons to Study on 3rd Floor in Library: The Love Blurbs throughout this issue say it all Happy Valentine's Day! | bowl. M. I'm toldby myfriends that Fmquite attractive. I'm a Hibernian and a Tax Society member. I Kelly, Photographers: Paul Roalsvig Contributors: Bill Kennedy SWF,26,2LandAWLSmember: Secretly desire a hairy-knuckled type lo talk dirtyto me. I like to eat my mealsfrom adoggie GaryH. You wereright. I should'velistened to you. BillC. • Jan&Kell, Because ofyou two, I'm dropping outof law school to become a nurse. M.F. Law School Women: For the best 90 secondsofyour life, putan ox in your box. THETACHI Brian, I warnedyou totake advantage ofthepersonals. Now you'll have to buy a card to wish me a Happy Valentine'sDay. Chip, The thingsl want to say toyouare unprintable! A Secret Admirer KAR, Happy Valentine's Day! We know you were secretly hoping for apersonal and we're better thannothing, right? Jodi & Kellie �Michelle, Keep in mind—when you marry every day is TheWalrus waits, passionately lor the waveto crash. Don't forget my open shores Love, Valentine's Day! Jodi RodgerS. - - - Tara, Happy Valentine's Day! Isn't this just the Nora The finalchapter is almost writtenand I don't think I've figured out the plot yet. Is therean Emmanuel's forLife? Rex. - nicest personal? Jodi&Kellie Dear Lisa §2-1 live to flirt and talk dirty with Dear John M. section 2, Youknowhowmuch I love you...Don '1 avoid me! Wecan workthis out. You know we are right for each other. (Surprised.!) Love, Beth you... Blow him off. - Roy 2L Whips & chains, whip cream and Ik >t fudge, late at night, early in the mornirfg How's aboutall the time? Loveß.K. Lara, Lara, Lara Iliveto flossforyou.. .so'show 'boutalittle Top 10 Reasons to go to UB Law: John - AlthoughI pretendthat I have no interest, Isecretly wish I could spend the night withyou again and again... Big Blue Eyes. - BK, Thank you for hours of pillow talk, videogames after tax, yourinterior decorating skills, providing me with endless entertainment and justplain being you. Sometimes I think there should be exceptions to therule. Love, Mea.k.a. Buttercup ED - law school wouldn' tbe the same without you. We should have kept a journal! Do everythingI would do-andmore! loweyoualot - especially my mouth! Love you! PD RCF - Now thatyou'ye been afflicted withtrue love syndrome, itwon'tbe longbefore wecan call you chubbsy-übbsy. - Anonymous Jogger. SueZ. - Hope to see you smiling more often. - D.F. 1. Sun causes skin cancer. 2. My Mom thinks the library is for studying. 3. I want to marry my cousin. 4. I always thought Contracts were dead. 5. Money isn't important. 6. The Research & Writing Program isranked nationally. 7. My parents pay for school as long as they can't understand the grading system. 8. Hands on experience in deposing faculty. 9. Skiing! 10.Only place I was accepted HAPPY VALENTINE'S DAY - - - DJK You are too sexy for your hat. Jodi The Jodester. Culinary ability is plain to see when yourely on a can ofChefßoy -ar-dee. The Jacobs Crew. Bathe me in your warm blue eyes Sing me melodies - Burger & Fries Hang yourhead in shameshecries "Fmsickandtiredofyourflies!" - The Trez You've got so much style I can't imagine not seeing you in the halls ofmy life. Talk to me. - Lara 2L -1 miss you soooo much! Why do you spurn me? Love,Q. C.L. MikeO. Isither? What about...? Or maybe.. Could itbeshe? Isthereahim? Wedon'tknow either! Love, DaHogs Dear Seana, rmthinkingofkickingO.out! Youwannaplay house? Love youmore'n anyone—Pete Madeline, Your so sweet, nice and innocent. Let me corruptyou! My place oryours? Michael You didn't notice me at your party, Maryanne your taste in lingerie is only but I noticed you... Let'sget together without outdone by your useofit. Love, Mike F. Emily, Emily, Emily; Let's play hide-n-seek the crowd. L-Candi. inthelibrary. Iwanttoresearchyou. Loveme. Jen Pitarresi You are my goddess oflove. Mooney, The earthquakes, my thighs quiver,your needs create my very existence. ILoveYou,Ruthie David. prego. Love,H. DavidLask, I watch you move, I watch you speak,I need to knowyou. Better.. .to kiss you. Love, Sol Dear Pete, Iwasthinkingofkickingyouout,butlfeelsorry for you, oris it pity? Love, Margie AS I'd rather be squeezing and massaging your silky white thighs. VR Shirley Babes, Dance, talk, speakfeel-think I'd like to hear Jen-your teeth,your hait, youreyes-whatcan you squeal just a little bit (or more). S.R. I say? Thor CVG, Call me when youhave no class, or comment. - - D.H. Thesweet love ofmisty' s life; ice cubes were Bridget-1 wantyouagain!!! -Too bad we're fun, the cross dressing is great, I think I'm never in class together. - ? Scarlet - Going to Capitol City with a lot of questions. Atleastknowthatourfriendshiphas Hadji - Ihope you don'tmind I toldeverybody providedme withalot ofanswers. - Rex. about our night together - Hoboken isn'tthe same withoutyou. Love, Jane. Dear Berry-Ditch Alan. Love, Nils. Kellie - To the only woman whokeeps me off Sharon IL-Happy Valentine's Day. How can balance.lt'sbeengreatbreakingaCherry Pixie I make you smile? 3L Most eligible Bachelor. in a morallybankrupt condition. -Rex Zjuba, Zjuba! kiss? Schmeko - this feeling I have never felt. It's from your hour, it's from your belt. I'm so heartsick but no one cares, I think weneed to talkupstairs. I hope youand me can beand live happily ever after with C +C. Love, Pauley. Christina, To thecoolest, non-psychowoman (sorry, GIRL) I'veevermet. Don't forget me. Ican'tforget you. Love, Chuck MGR RSA -O.K. punk.. youVegottaaskyourselfone question: Is sheworth a sandwich and ashake? Gracie, Want to go out atjd kiss a little bit? I bet you do!! Hmmm,maybe me too! Ha, Ha, Ha, Ha. Yeah, right?! BBBBBBecky I need totast your, to feel you, Dear Dave F. want you, basically I live to useyou. XXOOXX Iwantyoutograd,butstaywithme. Ipromise to standon my headand drinkwithyou. for S.R. K. Jill I'm guessing that the X stands My lustknows no geographicalborders. Ican't wait to do it around the world with you! Knockout. Whynotgivemeahintandasmile? InternationalLover - TheGadfly. JohnFoudy, Why are you so shyaround me? Can'tyousee that I'm justa volcano waiting to erupt in the leading Mrs. U. - I'm doing a survey ofthe .Have a you favorite nominee? throes ofpassion? candidates.. Field Man. Youknowwho "JUDICIOUS" LOVE Joi, >tO-, K&JaMpV Vaughn, So, where the hell is the harem? LoveGoddess Bill Kennedy, Youcan drawonmy easel anytime. Remember to bring the magic wand, uh, marker. Patron ofthe Arts Natalie, I can't waitto seeyouon the soccerfield again. The things youcan do withyour feet and a ball are simply amazing! Sports Fan - To My Roadtrip Buddies We had talks of family, past and presentloves andpondered the questions oflife. Themiles never brought us answers, only memories shared. For a brief moment ourlives touched. Howcan I thank you for the careand conversation? -80KT - JSU Thanksforthemotivationand forfinding the cynical comment when words failed me. Whata heavy duty group ofValentines. JBL Aphrodite -What'sallthis "lick my butt stuflTvebeen hearing about? Talk, talk, talk, talk, talk. Puzzled but curious E-in-C: You curse like a sailor, You yell like Tarzan. But we respect you more than ifyouwerea man. - Dynamic Duo February 12,1992 The Opinion 3 �Hey Dan- Where'sthatpastramisandwichyou promised me? W. - - To A.F. looking forward to pillow talk and - long walks on the beach. B.M. Toßob&Stu-weloveyou. You made ourfirst year great. Signed the 1 st year class. - - To the Ladies WhoLunch Sorry I missed the last gossip session. Hope I wasn't the target. -AnEWerGuy. To the blue eyed, cute law student I see studying in the library Our eyes meet and westare - but saysomething wedon't dare. Don'tbeshy. Blonde shy undergrad. - - Mike R. Better not delay You only have 'til May Whenthe Baby Committee will beon its way. - - S.S. Youare in no way, shape orform repellent to men. D.M. - Johann You may not danceand you may sleep late but for you, I'd do anything because you 're mysoul-mate. Pam-1 know, some people never learn! I figured I'd bettersay "Happy Valentine's Day this waysinceyou'llbeso booked up Feb. 14. (NOT!) Love-Eva. Carla - Yourpassionate, palpitating feet! I want them nowin thepalm of my hand. Happy V. Day RJ - - Donna Behind thatinnocent veneer Weknowthatmischief lurks near. So let yourhair hang downloose and keep wearing those combatboots! - - - Dawn G. - Here's along distance Valentine. We miss you, Darlin'. D& D T.F.-Let's do the pool thing next week. I've gota new showercap. Johnny Weissmuller. - Dearß.Terry The way you sprawlacross the clinic doorway inreligious ecstasy makes me hot. Please comeand exhortme in the Miami - DearGen-You've cutme to the quick! Iwas going to make youmy firstlady, but now... - - Margaret Those long lanky legs, thatbeautiful smileJustknowing you, makes usgo that extra mile. We'd run a marathon for you, LindaS.-You'reasweetheart! HappyV.Day. TOP 10REASONS FORNOT SENDING VALENTINES IN LAW SCHOOL: 1) The studmuffin is already taken. 2)1 want to marry a doctor. 3) Can't put them in undergrad boxes. 4) It's easier to just ply them with beer. 5)Didn'tkm >w how no R& W duringfirst -Mrs.Peabody 6) Might be prohibited by faculty state- - ment. 7) That 'show Clarence Thomas started. LoveH.S.B.C. 8)To whom? 9) Headnoles are as close as wecome to fooling around. 10)WestPublishing doesn'tdo cards. DearVito Yougottasqueezeitbeforeyoucan massage it!!! Fondly, The Opinion Crew. r - - - Madman Buy medrinkie? BMD Girl. - Roger You god! Tvebeen trying to figure you out for one and a halfyears. Give me a hint. - D. Ellen& Butler - Yourshiny blondlocksbrighten my Sat. moms. Thank youMiss Sunshine-RJ. JBL- Twinkle toes and fancy feet, To dance with you is oh soneat. Oh, to beGinger toyour Fred Astaire We'd tell the plainest truth and risk the wildest dare. - 2 Chorus Girls Lara-Longing for anL.A.Valentine! Happy oneanyway. Miles. - Snookims -1 know you thought I'd never be brave enough to gopublic Oh, Snookooms, Snookums! - 4 - semester. Dearest Huggy, Sluggy, Buggy Chestnut- I'm very happy to be your(be mine?) valentine! Roger-Yousexygod, you. Why'dyougo&trim those cute curls. See ya' round. D. -anonymous Vho You squeeze me, massage me, put me to bed. Katie S. -1 thought you were going to quit! YourBad Habit. - - Who although she got there a littlelate, Certainly did nothesitate, To be that shoulder on whichto sheda tear orthefirst one to suggest abeer.-TMF Andres - Your sweetness fills the halls of O'BrianHalJs-you'reintoxicating! -an Anonymous Admirer. Pam-1 hearafrost iscoming. Betteruserapid -You Viking, YouGiantlnyourhandslcould be everso pliant. Sing me asong,you Norseman you OrI will giveyou somecitechecking to do. Brian (You Curly Headed Stud)- Behind the serious suit and tie we know there is a guy who'ddie to let his darkside out, be wild,be crazy, dance,and shout. SOCOMEON BABY, LET IT OUT!'!! - XT There oncewasa HurricanenamedKate. DearPruppus-Happy Varentine'sDay! We ruvyou! You'reaspeciarwiener. Ruvarways -theßawyers. Eric the Red (with that big scar on yourhead) Alex - Can wetalk? - Dorna Your devotion is great, it can't measure In all the world, am' t nobody better Because you're thought so highly of This comes withall our love A Valentine's Blessing To you we're addressing Becka-Bec-FIa.,NY,NC? Doesn'tmatter-you'restillo.k.tome! -RJ nexttime. - Dudley & Stevens. - For all yourhard work you 'renot paidany wages Not to edit text, nor blue book cite pages You're attractive to start And oh so smart We love you so dear Andare glad to spend all year With youwomen oflawreview; Niks- Touseledhead and wrinkled shirt.Knowing you, we've hit paydirt! ToR Parker-Wemissedyou forlunch. Maybe - Foryou're greatlyappreciated in verymany ways You're grace under pressure To work with a pleasure Thoughyou won't play darts You're still dearto our hearts You women oflawreview; Eva-Notonly are you asweetheart, you're the biggest babe atU.B!-RJ. ofthe North! -J. Griffin. Dear A.H. My place far drinks. It's been a hairy week.-C.T. WOMEN OFLAW REVIEW May your smiles be bright, onthis, ofall St. Valentine's Days Dear Friar F. "01 don't miss my old dog much." I '11 dothe Dummies withyouanytime! Marsha Brady onAcid. J-It'snicetohaveyoubackwhereyou belong. You're looking swell! To theBlue-Eyed Beauty in Section 2 Thanks forsaving my legalcareer. I wasabout to drop outoflaw school and goback to rodeoriding, until I saw you sitting in the library. You glanced up at me and smiled. All I do is think ofyou. Actually, I probably wouldhave flunked out ofany other law school, but at U.B. I got "Q 's" - YourLaw Slave. - -- Brian M. OFearless Leader, lead me not into temptation! (Well, maybe just once!) You' 11never guess. Michael Hewitt - Happy Valentine's Day! Goodluckwithyourquest! -A.M. - Happy V Day to my workout partner. You'll lookawesome by Feb 14! Callme.we'llhave coffeewiththe dog,and we'll talk. Andkeep your eye on the weights, willya? Love E. - Flynn, You Irish Beauty -With hair sored and heart sotrue, There's nothing we wouldn' tdo to be closer to you! Your Secret Admirers - Steve W. —I'd liketogiveyou something for Valentine'sDaythatblowsawayyourbirthday present. Let's use up that lotion. You definitely are' 'cool beans!'' Love, -E. Brenda( Starr!)-Happiness is seeing you in the hall & bitching a bit - RJ. transit. Love-YourCar. TOP 10REASONS FORSENDING VALENTINESIN LAW SCHOOL: 10) The Dudes 9) Beats sending Valentines in prison. 8) Sludentswithromanceintheirhearts get"H"s. 7) Better chance for sex with Valentines than without. 6) That's how Clarence Thomas got started. 5) The Babes. 4) Creating good feelings makes networking easier. 3) Keeps the OPINION staffbusy. 2) Readingotherpeople'sValentihesis obscenely fun. 1) They appeal to the prurient interest. - Men are all scum, huh? Well, womenare no bargain either. But have you evertried dogs? - B.F.- What are the couch Olympics? S.R. George - Oh King ofEntertainment, lord of having fun, You've learned the law ofTV, you'vedrank beer'tilthere'snone Butmostof all,you'vebeenmypal. Allthewayfromßetty and Al. Sparky - Pam -1 miss you! - Your car. - My Little S-0 Why dobirds suddenlyappear every time youare near? Foryour sweetnectar, baby. Loveya-#3. Nicole - Somewhere in this vast world is a single red rose with your name on it. Happy Valentine's Day! -Darryl. Fritz- The way you flip through thatbluebook, sends me all aflutter, turns my heart to sugar Priscilla When am I going to see you in that and my knees to butter - Red Hot for You black dress I bought foryour birthday? - Elvis. - - Dear Huggy Happy anniversary! I love you very much. -Buggy. - - Penny Happy Valentine's Day! YourL.A. Friend The Opinion February 12,1992 - Happy Valentine's Birthday Melissa! The Sweetest Guy in the World M.C.- The word on the street is that sasquatch murdered the parakeet. - Feathered Friends No one matches your supplehand. Your late night mistress. Bobby G.-Ooh baby, with that newbearded chin, You conjure up the most pleasant of sin(s). So danceyourway into myarms and I willshow youallmycharms. - afellow moviegoer Jim and Marc - Please come back! We'll change, wepromise! Please giveus one more chance! The Democrats - Bobby F. -Weare all happy that you've found bliss, butyourcompany weallmiss. -youknow who Becky P. - You're too sexy for this school. Happy V-Day! Darryl - I love you all, except for the ones I don' t. To the woman who doesyoga inmy corporations class Make a pretzel for me, baby. -An Inflexible Admirer! - - NH My law school buddy, who stuckby me Running those 18 milers — wild, crazy, and free. Buffalo wouldn't be the same without your smile, So don't you worry, you'll be seeing me for quite a while. To the law student who - writes down everythingtheprofsays, laughs too hard in the wrong places, and checks for grades every five minutes and is socially illiterate. We would like to love you. M.H. - Jesus H. Tap-dancing Christ! What we need is someaction 'round here! R.J. - Managing E. -1 look in youreyesand I know there are still good people in the world. Features E. - - Lori W. Irememberwepromisedeachother lastyear that we wouldbe eachother* sValentine. Well, how about now? Will yoube mine? I can always use a second one. Love, Miles. - Chipper - Fatherhood suits you well, You change the diapers and withstand thesmell. Your eyesmay be bleary butEmily thinks you are swell. TMF - - Emily Looking forward to "cooking up a storm with you!'' Out ofthe frying pan (law school?)& into the fire(restauranteur?). - R.J. Is there ANYONE at this law school who is willing to sleep with me?! If so, meet me naked outside thelaw library. See youthere. Thanks! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-02-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/12/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e9fd6deea6b4c6c2ea9ab6e873a86f08.pdf 28d31f229d38a51d4c663cf3a0894be9 PDF Text Text Volume 32, No. 10 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 3,1992 Students Develop Low-Income Housing Solutions by MichaelRadjavitch, Pliotography Editor TheLow-Income HousingDevelopment Clinic is part of the University at Buffalo SchoolofLaw's LegalAssistance Program. It helps smallcommunity-based organizations, not-for-profitcorporationsandpublic agencies with the very difficult and time consuming processofdeveloping low-income housing. George M. Hezel,a legal servicespractitioner with a wide range ofexperience, became a member ofthe School ofLaw faculty in 1987andorganizedtheclinic. Hewas joined by Thomas Disare, an experienced corporate law attorney whoalso workswithPeter Pitegoff in the Community Economic Development Clinic, in 1989. Since itsbeginnings in 1987, thehousing clinic has enhanced thelegal education ofall who have become involved with it. Each student takes ona project, orpart ofa project, to createresources for the community which are to then beheld by thecommunity. Financing is thebiggestproblem, especially due to the needforathoroughreserve system tocoverany operating and replacementexpenses that may George Hezel, Director of the ÜBLow Income Housing Development Clinic forherinsistencechoseheroveralltheotherlaw students he had seen that day. Both graduates, Jeanne Vizena('B9) and Lisa Yeager('9O),returned tothelaw schoolthis past week at the behest ofthe Career DevelopmentOffice to speak to current UBlaw students about ways to improve theirchances oflanding ajob. Their informational presentation, called '' Being aNew Graduate Looking Like aThird Year Associate," reflects the reality of the currentlegal job market. While good grades in law school have usually increased a student' schancesoflanding ajobafter graduation, they havenever guaranteed it. Regretfully, that holds true even more - Western New York, a not-for-profit corpora- velopment clinic trains future lawyers in the same skill areas that a corporate attorney requires, paticularly obtaining approval and leveraging large sums ofmoney for the purchase andrehabilitation ofproperty, as wellas fornewconstruction. Theseareskillsthattend to keep most of the students involved in this clinic in thehousing developmentfield after graduation. The housing clinic'sfirst project wasto helpputtogetherßenedictHouse.anorganizationwhich seeks to provide shelterforpeople whoare HIV-positive. Theclinicalso assisted in the formation of Delta Development of tion thatprovideshousingforlowto moderate income people. Delta is the development consultant to Benedict House and is overseeing construction on the currentproject. This construction is in the final stages and should be completed by the end of February, with an official ribbon-cutting ceremony to follow sometime in spring. Spring is also the time slated for construction to begin on the former St. Ann's Rectory, which will eventually hold 19 onebedroom units for the elderly and disabled. Construction onthis $2.6 million project was - ariseinthefirstlsto2oyears. Poor long-term planning and lack ofsuch a financial reserve are the basic reasons that ProfessorHezel cited , ascausingthe failureofßuffalo sown vast,and now vacant, housing projects. However, the Low-Income Housing Development Clinic takes greatpains to avoid those and any other so today, since many recent graduates find themselvescompetingfortheir first jobsagainst displacedlawyerswhoalready have one or two years ofexperience. Jeanne Vezina,who isnowan associate atGross RossettiCheuhis & Herdzik in Buffalo, explains that"getting a jobisselling yourself to and the number one way to sell anything.. istoputyourselfintheotherpersons shoes.'' Too often, law students think only of their own wishes when seekingemployment: where they want to work, whattype oflaw they want to practice, how much they want to be paid. Fromtheemployersperspective,however, the question is, "What can this person do for me?" The successful jobapplicant, whethera student, recent graduate, or experienced attorney,answersthatquestion for theemployer withoutbeing asked. Since every new lawyer is an investmentfor the firm thathires him or her, the job candidate must convince the employer not onlythat they will getareturnon that investment, but thatthey will get it soon. New associates traditionally recovered their own costs, whichcan run to almosttwice their initial salary when all support service costs are factored in, by billing hours. But the current job market is swamped with young lawyers equally capable ofbilling hours,and, thus, successful job candidates must distinguishthemselves further. One way Jeannesuggested to distinguish yourselfis to convince the employer that you were are that may sound (a law student or recent graduatebringing inbusinesswhen their ownjuniorassociatesbrought in littleto none?), a new associate can be the source of new clients for a firm. Law studentscan begin laying thefoundationfor potential clients by becoming active in civic or volunteer organizations they find interesting. The contacts they make in these someone.. Housing Clinic, continued onpage 6 Discovery Set for Feb. 21 Photo: Michael Radjavitch Tight Market Calls for Bold Job Hunting by VitoA. Roman, Lj ayout Editor Whilelaw students at ÜB, Jeanne Vizena and Lisa Yaeger both tooknovelapproaches to getting summer clerkships. Jeanne, bent on getting any job, sat at her phone one dayand began calling every law firm listed in the Buffalo yellow pages. Lisa was determined to get a job with a particular employer who had selected her only as a possible alternative interviewee bywaiting forthe recruiter outside the interviewroom. Jeanne, on thephone, wouldask to speak with the seniorpartner. If she got through, she would rattle off a speech about being a law student whopossessed x,y, and z qualities and who could make money for that firm. If the senior partner was still interested, she would close her sales pitch by letting him decide whether he would give her an interview on Tuesday orWednesday. Lisa, waiting, asked therecruiter as soon as hehad finished for the dayifhe could giveher a moment ofhis time. He complied with her wish, and, wound up speaking to her for over forty-five minutes. Jeanne's' 'cold-calls'' to the firms paid off, producing several interviews, and, eventually, a first year summer clerkship. The recruiter whowould neverhave met withLisa but possible pitfalls. This community-based de- OnJanuary2l,l992 Judge Skretny ofSecond CircuitFederal Courtheard oral argumentsregarding themotion to dismissBlumv. Schlegel, elah, butruled in favorof giving Professor Blum untilFebruary 21 to comply withtheFederal Rule 8 (c)" shortand plain complaint standard. On thatdate discovery forthe trial will go forward in the form ofdepositions ofthe defendants. organizations maylead to future clients. But even ifthey do not, apotential employer will ''rain-making." Law students shouldalso concentrate on theircredentials and on establishing connections in the legal community. see thatthelaw studentbeforehim understands thatpart ofbeing a lawyer involvesthe ability Lisa Yaeger, who is a sole practitioner justslightly over one year out oflaw school, to sell his services to others. Furthermore, talking about an activity recommends that law students become, ifposwhichyou enjoylets you establish rapport with sible, involved withthe workoftheirprofessors. the futrre employer more quickly. Besides During her first summer in law school, aside from working at the Erie County District productivity, whichhas taken adominant position in the qualities sought in a candidate, Attorney' sOffice, sheheldassistantships with Professors Mungerand Scales-Trent, helping employersnaturally continue to also seek associateswith whom they can workalongside them with their academic research. As she comfortably, andwhotheyknow, bylooking at says, whenit comes timeto get recommendationsfrom U B Law' s professors, oreven leads their othercredentials, can do the work. Ofcourse,not all the thingsalaw student on potential jobs,''they' 11serve you as wellas can do to improve his marketability relate to Hunting, continued onpage 3 Professor Finley Appears Before U.S. Supreme Court by SaultanH. Baptiste, NewsEditor On January 21, 1992, UB Professor Lucinda M. Finley appeared before the U.S Supreme Court as an attorney in a sexual discrimination-tax exemption case, U.S. v. Burkeetal. Prof. Finleywasco-counsel to her father, Joseph E. Finley,whois GeneralCounselfor the Office andProfessional Employees International Union(OPEIU). Thecase stems from aprior underlying suit, Hutcheson and OPEIU v. Dean et al. (Tennessee Valley Authority (TVA)), inwhich al9Bl TVAwagesurveywasusedduringunion negotiations. The surveyresulted in increased male-dominated pay schedules and did not change, or lowered, pay in female-dominated pay schedules. The female employees, through their union (OPEIU), filedacomplaint claim- ing unlawful sexualdiscrimination in thepayment of salaries. After TVA's motion for summary judgement was denied, a settlement wasreached stipulatingthat $ 5 million would bepaid directlyto the individualsbased on an agreed formula, however, federal income tax andFICA taxes wouldbe deducted. The employees filedfor arefund from theIRS claiming thatthe settlement payments should be excluded fromtaxable income under Section 104(A)(2)oftheIRSCode. Thissection states that "gross income does not include. damagesreceived on account ofpersonal injuries orsickness". The IRS claims thatthe injurywasloss ofwagesand is taxable. Theemployeesclaim thattheinjury was sexual . Finley, continued on page 5 Highlights . Dr. Hooks of NAACP Pro-Choiceto Mobilize Commentary SBA Developments The Docket .3 3 4 6 7 �PIEPER BAR REVIEW MPRE LECTURE QUIZ BOOKLET AND MPRE TEXT J. Gardiner Pleper will be your coach for a 7 hour lecture starting at 9 a.m. to 5 p.m. on: February 23,1992 New York University Law School Video tape lectures will be available on the following dates at the following locations: February 29.1992 Hofstra University Boston University Law School Buffalo Marriott Georgetown University Law Center Syracuse University University of Bridgeport March 1.1992 New York University Law School The MPRE will be given on March 13, 1992. The regular application postmark deadline Is February 14, 1992. The exam fee Is $25.00. Late application receipt deadline is March 4, 1992 but the exam fee Is Increased to $75.00. If you are unable to attend the March MPRE, the exam will be given on Friday, August 14, 1992 or Friday, November 13,1992. Please can (516) 747-4311 to reserve a seat. �Local Pro-Choice Groups Mobilize by Andrea Sammarca, Managing Editor I.ocal pro-choice activistsintend to send Terry is doingis a sideshow. Randall Terry and his supporters a message Other groups prefer a more radical apthis spring: "Buffalo will not be turned into proach, offering anoutlet for the dissatisfacanotherWichita." tion ofmany at thePro-Choice Network'slow The Binghamton native is the national key response to Terry 'sextreme,otten illegal, leader ofOperation Rescue, the group which tacticsand extravagant posturing. Women's has targeted Buffalo as the focal point of a Health Action Mobilization (WHAM) is the massive anti-abortion demonstration. Operagroup which was mainly responsible for aclion Rescue wasmv itedby itslocal contingent. tionsinNewYorkCitylastyear.actionswhich Project Rescue of Western New York. The effectively shut downanticipated Operation organization intends to engage in blockades Rescue attempts to blockade clinics in that outsideoftwolocal abortion clinics sometime city. WH AMhas established a regional chapbetween April 20 and May 16. MayorJimmy ter in Buffalo, and hasalready begun to accuGriffin has said that he will welcome the mulate resources and develop effective organization's actions in Buffalo, implying countertacticstodealwithblockades. WHAM that even illegal activities will meet with hasalso contacted Wichita pro-choice groups little resistance from local authorities. for advice in this area. Terry may encounter resistance from Whilethe boundaries are oftenblurred, another source, however, if the Pro-Choice other groupshavemerged or beennewly formed Network and itsaffiliates have anything to say inresponse to theimpending onslaught. Anadabout it. Recognizing that local clinics may hoc coalitionto stop OperationRescuewillbe facethe threat ofbeing closed down, local proholding aplanning meeting at 7 p.m. on Tueschoice groups are mobilizing to confront the day, February 4 in orderto challenge Operation Rescue' 'both politicallyandvocally.'' (The impending threatto reproductive freedom. Responses range widely among the meeting will be held at the Langston Hughes groups. ThePro-ChoiceNetworkhasgearedup Institute at 25 High Street. The coalition is its members to undertake a massive letter- comprised in part ofmembers from the Aids writingcampaign to elected officials, as well Coalition to UnleashPower(ACT-UP)andthe as demonstrating support forpro-choicecandiInternationalWomen'sDayCoalition. Oneof dates at localand national elections. Spokesthestatedpurposesofthecoalin'onisto provide woman Manya Warn has stressed that' "The ' 'an appropriate politicalresponse affirming main event of 1992 isthe election, and thatis women'srights." ÜBalsohasitsownversionofWHAM, where we will have our say. What Randall comprised mostly qfconcerned studentsand fac»*Jty from the university. While the group values itsties to the Pro-Choice Network, the organizers felt that a more activist strategy wascalled for in order to safeguardreproductive choices. Counterdemonstrations are planned forthe periodduring which Operation Rescue has targeted Buffalo. Throughcountless hours of demonstrations,both sideshavedeveloped political and legal savvy in identifying exactly what is allowed whenprotesting in front ofabortion clinics. Pro-choice groupsincreasinglyrely on video cameras and recording equipment to capture anti-abortionists in theactofbreaking the law. Local groups are making it a top priority to informmembersofthecomplex set ofrules to be employed when confronting opposing viewpoints on the streets and sidewalks in front ofclinics. Localpro-choice groupsmay be pleasantly surprised by the officialreception given toOperation Rescue byWestemNew Yorkand federal authorities. Erie County Executive Dennis Gorski has promised to enforce the laws in the event ofillegal activity by antiabortionists, and chastised Griffinfor hisresponse to the situation. Also, U.S. District JudgeRichard J.Arcara's injunction,filedlast summer, prohibits demonstrations within 15 feetofabortion clinics,and enforcement is the responsibility oflocal officials and the U.S. Magistrate's office. Dr. Benjamin Hooks Speaks On King's Dream by JoeAntonecchia andtCevin P. Collins Reverend Dr. Benjamin L. Hooks, Ex- ecutive Director ofthe NAACP, spoke to a packed auditorium on the second floor ofthe Canisius College student center on Friday, January 24. The theme ofhis talk,the centerpieceofthenight'stributeto Dr. Martin Luther King, Jr. was''AHouseDividedCannot Stand.'' His choice echoed from the podium, as his persuasiveness asaministerand his passionas a leader captured the audience's attention from the start. Dr. Hooks beganby vividlyrecalling the stormy night in earlyApril 1968,when helast heard Dr. King speak within24 hours, King would be tragically assassinated. But on that night, says Hooks,King spoke witha power reflecting thetremendous thunderstormraging outsidethe Church, andwithapassion unparalleled by even the "IHaveaDream" speech fiveyears earlier. King warned ofthe difficult times the Civil Rights movement wouldface in the years ahead, foreseeing the whitebacklash which would sweep the country in the decades whichfollowed. Hooks statedthatyou can kill the dreamer, but you cannot Kill the dream, the dream stilllives on. He believed that ifKing wasalive today, hewould say that the movement has along way, but still has a long way to go. Thistribute to Dr. King'sprescience set theframework for Dr. Hooks' rigorous indictmentoftheongoing, increasinglyracist social pathologiesofthe 1980sand 1990s-fromthe use ofracism in a politics ofresentment (a la Willie Horton and David Duke for whom, quite interestingly enough, over 50% ofthe whitepopulation voted for in his unsuccessful bid to becomeGovemorofLouisiana—and the more subtle use of" quotas'' toattack affirmative action), to theresurgence ofKuKlux Klan demonstrations and racially provoked beatingsand homicide. Dr. Hooks focused onhisremarks onthe use of' 'quotas'' to stir resentment among a white population searching for a scapegoat duringhardeconomic times. He citedthe scant percentages ofA frican-Americans among doctors, lawyers, and business elite ( 1 outof 1,000 top CEOs are A frican-American) to show the ridiculousnessofclaims that blacks and affirmativeaction are thereason that white's cannot get jobs;heexplained that this "biglife" of the notion that affirmative action doled out - - jobs to unqualified minorities, concocted through the 1980sby political consultantsand the media, could be easily debunked if one actually assessed theability and success ofthe few minorities afforded fair opportunity through these programs. By contrast, herecalledhow.asayoung student seeking toenter law school,he was victimofa trulyoppressive, unjustoftkial quotaprogram whichmandated thatevery studentbewhite—aprogram which persists today in both structural and more insidious ways. Hooksdidnot mincewords in hisattack ofa Supreme courtwhichhas guttedmany of the gains ofthe CivilRights Movement. He quipped about their combined wisdom and intelligence, if put in a bird's brain, would compel the bird to fly backwards. He citedas particularly unenlightened the recent Richmond v. J.A. CrosonCo. decisionwhich struck downaßichnKmd,Va.affirmative actionprogram forpublic contracting (in acity of50% African-American, where minority owned business were awarded 0.67% ofthe city's prime construction contracts from 1978 to Jessupfor ILs by Greg Chestnut TheJessupMootCourt Board will be having a general meeting for all first year law students interested in participating intheFaskin, Campbell,Godfrey Moot Court Competition. The generalmeeting will be held Monday, February 10,at 12.30 pm in room 106 of O'Brian Hall. First years interested inparticipating in an oral advocacy competition should attend. The experience will not only developanalyticaland problem solving skills, but will also be aresume booster. Thisyear'sproblemdealswith the hostile relationship between two neighboring fictitious countries, Atlantis and Bergenia. Bothcountriesaresendingadvocates to argue before the International Court of Justice. Atlantis charges that Bergenia is violating the rights of Ethlantians, a fictitious people Hying in Bergenia as wellbeing a militarythreat to Atlantis. Bergenia contendsthatithas not violated any international law and is defending itselfagainst Atlantian aggression. Competitors will be required to argue only oneissue. Iftheprobleminterestsyouandyou wish toimproveyour oraladvocacy skills, come to the meeting on February 10. No independentresearch willberequired because the JessupBoard will beproviding all competitors with information packages on sale atthe mimeoroom nextweek. Practice rounds for the competition will be held on February 24 and thefinal competitionwill be held onFebruary 25and 26. The competitors with the eight highest scores will comprise theFirst Year International Oral Advocacy Team and will compete intheFaskin, Campbell,Godfrey Moot Court competition on March 28. I ast year'steam swept thecompetition in Toronto. This year our team will host the competition in Buffalo. Help keep the tradition at ÜB. selves. He cited thattheleading causeofdeath among young African-American males is murder at the hands ofotheryoung AfricanAmerican males. Finally, he addressed the controversial issueofwhy the NAACPdidnot supportClarence Thomas' nomination forthe Supreme Court. He stated that after long internal debates, the NAACP decided that Thomas' record, speeches and work in the EEOC did not justifyascending to the Supreme Hunting, contfrontpage 1 Court ofthe United States. Thomas did not haveastrongcivilrightsrecord. Indeed,Hooks you served them." While a student, Lisa also served as commented that African-Americans should not back him just because he was African- editor for the Baldy Center's Law & Policy American,Thomas should be backed ifhetruly Journal, an experience which improved her is qualified Hooks lamented in a comment legal writing and editing skillsas much as a withmixedreception from theaudience thatif position on the Law Journal would have. In Thomas waswhite perhapsonly three African- short,she loaded herresume withlegal expeAmericans would have supported him in his rience from whatever source shecould get. She advices, however, that besidesadduphillThomas hearings to becomea Supreme Court Justice.TheRev. Dr. BenjaminC. Hooks ingacademic laurels to theirresumes, students then mingled and spoke to the audience in a look to other sources to bolster theirmarketreception afterwards, reminding both young ability. Her principle suggestion is they be1983). and old alike that the dreamand the struggle come involvedwiththeErie County Bar AssoInclosing, Hooks masterfullyrekindled live on, n> beone united in the cause forahouse ciation Continuing Legal Education (CLE) Program. Most ofthe Associations eventsand his initialmemory ofDr. King's last speech, dividedcannot stand. classes are free to law students and provide a reminding us thatKing, even in hisprediction means to meet practicing attorneys, who are, ofrough timesahead,continued to have hope, by definition, always potential jobleads. to seethe Promised Land Hooks cited the Visitthe Lisa also believes that law students opening up ofopportunity for minorities in should visitthecourts. During herfirst year in elected office and in educational opportunilaw school, she sat through oralarguments in ties,reminding minoritiesand all others who a Wade hearing in Erie County Court and have succeeded to not turn a blind eye to the afterwards volunteered to help the Assistant continuing struggleagainstracism and lackof District Attorney arguing the case with the real equal opportunity in our society. He research on the briefthe judge ordered from reminded all the students inthe audience that Table both sides. Later that summer, she saw that mere efficiency in academic pursui ts, without ADA use her work in court. Today he is an engaging inrigorous intellectual analysis of Assistant US Attorney in Buffalo, and stillan Tuesday, February 4th. thevalue ofwhat one studiesand itsimpact on important (and grateful) contact to her. society, is perhaps more harmful to society :00pm 9:3oam-l Whether a law student makes himself than ignorance itself. First Floor Lobby, more visible through Bar Association activity In a short questionand answer session , orcivic and volunteer activities, in eithercase, that followed, Hooksspoke ofhowthe dream O Brian Hall according to Jeanne Vi/eno and Lisa Yaeger, and the struggle for equality is everyone's they will be making themselves appear like dream,everyone'ss(ruggle. Thefew Africanmore than just another law student coming Americanswhobecome successful and make Find out what P.AJD. is straightoutoflawschoolwithjustadegree. Fly itk> the top should not turn theirbacks on the all about. beginning to masterthe skills all lawyers need cause. He stated that with regard to role to advance their careers, be it getting new models, it did notmatter ifall African-Americlients or establishing a network of profesMichaeUordans, could not cans become (Oprah sional contacts, law students orrecent graduWinfreyst>rThurgood Marshalls. I le emphatiateswill appear as moreproductive candidates cally cried from the podium that ifyou cannot to their future employers, and, thus, stand a be an ocean, (hen be a stream, but be the best betterchance in competing forjobs with more stream there is. He pointed out (hat a major experienced attorneys. problem that A Irican-Amcricanshave isthemFebruary 3, 1992 The Opinion - Phi Alpha Delta 3 �I OPENHIONfcJta .—___ THE OPINION MAILBOX v February 3, 1992 Volume 32 No. 10 Editor-in-Oiief: ManagingEditor: Business Manager: News Editor: Features Editor: Layout Editor: John B. Licata Andrea Sammarco Natalie A. Lesh Saultan H. Baptiste DarrylMcPherson Vito A.Roman Michael Radjavitch PhotographyEditor: StaffWriters: Kevin Collins, W.F. Trezevant, SrikantRamaswami Photographers: Paulßoalsvig Contributors: JoeAntonecchia, Joi Carey, Rebecca Eisen, JeffreyErtel, MikeFallon, Robert Garnsey, Angela Gott,BillKennedy,BrianMadrazo, James Maisano.Melanie Mecca, JenniferPitarresi, George Snyder, Hans Tirpak, Renee Walnet, TomWinward Editorial The term' 'plowback'' refers to the amount ofmoney a corporation commits to internal development, for example, whenafactory purchases new equipment to enhance its efficiency. Corporate executives differabout the optimum amount to bereinvested but essentially agree thatitisa prudentpractice to observeconsidering the success Japan has had with the concept. Should education be treatedany differently? There areanumberof fields wherethe concept ofplowback flourishes. AtSUNYBuffaloLaw the faculty, alumniand studentsparticipate in the BPILP' 'Work a Day in , thePublic Interest ' fund drivewhich isabasic combinationofplowback and conscience money. However, it works. Given the financial status ofthe Empire State it should not surprise anyone that tuition is on therise and services are goingflat President Greinerhas recognized the need for increasing private donations tothe university to augment thelimited funds doled out by New York State. In the same vein, where those funds are channelled plays a crucial role in the future ofthe quality ofeducation provided by thelaw school. Too many faculty positions have been left vacant or in limbo while the course offerings continue toevaporate. Thispastyearhas seenan additional drainofexperienced faculty by committing severaltenuredprofessors to theResearch andWritingProgram. Whetherthis isabenefit is notat issue, itinevitably removes a percentage ofthe faculty fromproviding upperlevelcourses. This brings to mindanother term, known as payback,'' whichrefers torevenge takenby the partyofthefirstpart upontheparryofthesecondpart believed to havewronged the party ofthe first part. Inan era of meagerfinancial support adisenfranchised alumni isa commodity best avoidedby any school. Copyright 1992. The Opinion. SBA. Anyreproduction ofmaterials herein is strictly prohibited withouttheexpress consent oftheEditors. The Opinionis published every two weeks duringtheFall andSpring semesters. Itis the student, newspaper ofthe State University ofNew Yorkat BuffaloSchool ofLaw. Theviews expressedin thispaper are notnecessarily thoseof the Editors orStaffofTheOpinion. The Opinionis a non-profit organization, thirdclasspostage entered atßuffalo,NY. Editorialpolicy ofTheOpinionis determinedby theEditors. The Opini on isfunded by theSB A from StudentLaw Fees. The Opinionwelcomeslettersto theeditorbut reserves theright toeditfor lengthand libelous content. Letters longer thanthreetyped doublespaced pages will be editedfor length. Please do notput anything you wish printed under our office door. Submissions canbe sent viaCampus or UnitedStates Mail to The Opinion. SUNYABAmherst Campus, 724 JohnLord O'Brian Hall, Buffalo, NewYork 14260 orplaced in lawschoolmailboxes 443 or 512. Deadlinesforthe semester are theFriday before publication. The ideas expressed in the "Letters to theEditor" and on the commentary page are not necessarily endorsed by the Editorial Board ofTheOpinion. Next Opinion issue: February 18,1992 Articles Deadline: Friday, February 14th SpecialValentine's Day Issue: February 12,1 992 Get your Love Messages in by the I Oth Place them in Box 443 or 512 THINGS THAT MAKE YOU SAY 4 The Opinion February 3,1992 £.11 ksneV HMMMM... To the Editor: A good friend has suggested that it is " morethan appropriate that I reply to Professor Blum's recent article in TheOpinion. I suppose some mayalso wonder why I have nol done so earlier. Thereason is simple. When I taughtcivil procedure I counseled students thatalawyer who vents or letshis client vent hiscase in the presshelps neither his client nor his case. While itis unpleasant to be on the receiving end ofthe actions ofsomeone who apparently counsels otherwise, I still think it good advice. Professor Blum has chosen to litigate the issues in the federal and state courts. I respect his choiceofforumand I respect those courts as proper places toresolve hisconcerns. Because ofthatrespect I shallcontinue to adhere to my own advice and not respond in The Opinion or any othermedia forum. JohnHenry Schlegel To the Editor: I have already become nauseated withthe hooplapertaining to the sOOthanniversary of thearrival ofChristopher Columbus in this hemisphere. Followingtheadage ofgivingcredit where credit is due, one can safely say that Columbus was the first European to establish permanent contact between Europe and the Americas. That, however, isalong way from the condescending and demeaning concept ofdiscovery. The concept ofdiscoveryis insensitive because it implies thatthe hemisphere didnot exist until Columbus and his gangarrived. This would bethe equivalentofsaying thatthefirst native American whowentto Spain discovered thatcountry. Europeans seemed to have hadanobsession withthe word''discovery.'' Hence, wehear ofsuchthingsas Balboa discovering thePacific Ocean, ignoringthefact thatthere'were Native Americans who used its waters on a daily basis. It is for similarreasons that I haverefrained from usingthe term' 'new world torefer to the' 'Americas'' because whilethis hemisphere was new to Europeans, it was not new to the people whohave lived herefor centuries. As onecommentator concisely put it, "the onlything Columbus discovered wasthathe waslost.'' Columbus was nothingmore thana greedyimperialist pirate who set out torob the peoples ofthe East oftheir wealth. Hence the origin ofthe misnomer' 'Indian torefer to the native inhabitants ofthis hemisphere - Columbus thoughthe hadlanded in India. What can be said with certainty about Columbus is that he initiated a process that culminated with the nearextermination ofthe NativeAmerican population and the enslavement ofmillions ofAfricans. The legacy ofthe latter which included the notion ofthe inherent inferiority ofthe non-European people is alive andwell withus to this very day. Thequestionathandiswhetherpeopleofcolor and indeedprogressivehumankind should have anything to dowiththe commemorationofthe500th anniversary ofColumbus' accidental arrival. First and foremost, there is nothing for us to celebrate. It is, of course, quite understandablewhytheestablishmentwouldhavereasons to participate inthis celebration since his accidental landing initiated a process that culminated in their domination ofthe socioeconomic and political life ofthisand many othercountries in the Americas. Ourtask should be oneoforganizingto expose to the rest ofsociety howmuch ofafarce this celebrationreally is. Joseph Hughes COMMENTARY: OF LIFE, AND MAYBE LAW by W. F. Trezevant, Staff Writer . For some time now we the students haveheardendlessreportsofthis budget axe falling and that budget axe swinging. We have been asked to be cooperative withthe goals ofthe administration as we "collectively" attempt to get through what are admittedly difficult financial times. Simply put, wepay more, workharderandvolunteer moft for what appears to be less and less. While wehave registered ourconcerns and gripes over the changes, wehave attempted to do the best with what we have. We all recognize the various individuals and groups thatcontribute to the community which enhances the reputation ofthe law school, as well as the administration which runs the school. All we have asked for in return is a quality education that will prepare us to compete inthe jobmarket we have chosenas ourprofession. However, notwithstandingall diethings thatmany ofusdo, wefindour law school seemingly supping through ouracademic fingers. Theacademic infrastructure ofourschool is disintegratingaroundus much like theroads and bridges we driveon. Whether or not we wish to acknowlit, edge the end oflast semester marked a turning point in the future ofourlaw school. I do not wish to quibble over or become bogged down in a discussion on the various reasons. Rather I am hopeful that we as a community can agree that we have a serious problem facing us which is not getting any smaller astimemoveson. Having doneso, we can begin to resolve the problem collectively. I am certainly not trying torush this law school intothe emergency room without cause, yet it would appear that something must be done to stop the hemorrhaging of faculty and course offerings. We cannot .1 j forget, for instance, thatthedeclineincourse offerings affects our ability as students to successfully prepare for the bar and I don't mean "Cheers." Similarly, the decline infulltime faculty affects the accreditation ofthe schoorwhich, to say the least, dramatically stimulates orconversely stiflesthe growtho the schoolas wellas theprofessional careers ofour faculty (UBLaw schoolis due up foran accreditationreview within the next couple ofyears). In either case, whatapparently isa series ofisolated events translates into quite a fiasco unless steps are taken by the administration. We simply can afford to delay no longer, lestwe jointhe battleafter the warhas been lost. On a separate matter entirely, it is quite disheartening to find thata member of our student community,DarrylMcPhersona 3rdyeardirector,circulated aletter outlining the steps necessary in order to ensure the "takingofwhatisrightfulryours." Thephysical object which was the focus ofthisletter wasnoneother than Professor Muhammad I. Kenyatta's office. What isparticularly disturbing about this letter is the date (January 14,1992)only one day priorto thememorial serviceforourfallencoUeague. Infact.ifmy memory serves me correctly, the letter indicated that a quick decision made while the "third floor" is still reeling from the emotional fallout ofKenyatta's death is necessary. The letter finally went on to state that Mr. McPherson wasquite comfortable in the role of a "cold-hearted bastard." I am sorry that space will not allow me to print a full editionofthis letter, however, 1am quitesure Mr. McPherson willbe happy to provideone to you as yourrepresentative on the SB.A. Personally, I'veusedmy copy tocleanupafter my dog,Chief. �and look, I say,but in the mean time, I demand One Man's OPINION by DARRYL McPHERSON Heard any good jokes lately? If you based on cannibalism and the JeffreyDahmer case. The topic has certainly been discussed in criminal law classes across the country. It raises the interesting question oflegal sanity and criminalculpability and responsibility. It also presents thecurious problem ofproperly meting out justice. Whatcanwedo withaguy likeDahmer? That he isway out there isagiven. Buthowfar goneistoo far? Ornot far enough? Clearly,the man is intelligent and calculating. If being criminally insane is the inability to distinguish right fiiomwrongasproposedbytheM'Naughtan , case, then there s apresumption thatthereis a definable line between sane human acts and insanehuman acts. I don'tthinksuch a line can beclearly drawn. Within the broad spectrum ofhuman activities and human personalities, each personhashisorher limits. Somepeoplecouldn't fathom sky diving or mountainclimbing, yet othersthrowofftheirapprehensionsandjust do it. I can't conceive ofraising my hand against a defenseless woman, however, a chat with anyone in theDomestic Violence TaskForce willquickly show thatithappens fartoo often. Simplyput, what one personmayor may notbe capable ofdoing cannot be known with any certainty. As I seeit, I don'tthink thereis such a thing ascriminal insanity. Knowingright from wrong is onething,and being ofFyourrockeris another. Don'tdoubtforasecondthatDahmer didn'tknowwhathewasdoing. Heknewthe repercussions ofevery sick thing he did,but didn'tlet society' s standard stop him. By their very nature, people are differhave, at least oneofthem wasprobably . Features Editor ent. No one can set the standard for what is acceptable inanotherperson'smind. Thelaw can establish what societyas a whole will not tolerate, but an individual need not agree. Society can try to impose its expectation, but invariably there will be those who will challenge it. Those challengers generally aren't understood. When they do something good, these people are called visionaries. When it's bad, they're called insane. Atsome point, a vegetarianrealizes that whathe orsheis eatingwasonceanotherliving thing. Now, I'm aware ofthe same fact, yet I havenoproblem finishing aroastbeefsandwich. Iflcouldholdsuchamindset without guilt,how much further away is cannibalism? Meat is meat, afterall. DoesanyonerememberRggina. v. Dudley and Stephens, the infamous Crim Law case where two guys in alifeboat lost at sea kill and eat a younger member of their crew? Were they insane ormerely desperate? Crossing thethreshold setbylawdoesn'tmake you insane, it makes you a criminal. Assuming Dahmer is found guiltyand not insane, what would be an appropriate punishment? Should serialkillers face a harsher treatment under the law? Also considering whathe didto his victims, Dahmer deservesa , sentence that s in line withthe brutality ofhis actions. Unfortunately, Wisconsin doesn't have the death penalty, sothe best onecould hope for islife imprisonment. Supposedly, howa societydealswithits criminals isan indication ofhowadvanced it is. An enlightened society doesn't kill. That rather generous view ofjustice is trulyblind, and the punishment need not fit the crime. Idealistically, it holds tothe idea thatcivilized people can find "abetter solution.'' Goahead Rex Imprimatur byJolinß.Licata Captain'sLog: 1/28/92 Somethingstrangehas happened to my I feel we' ye been at seafor far too long. Everyone whotakes tothecrow's nestcries out "Where's Waldo?! Where's Waldo?!" One sailor actuallyclaimed tohave found him but itturned outto bea discardedflag of Japan. Ourownsuppliesarerunning low and the various trinkets we have include a tattered, dog-earednewspaper. Thecrew crashed into my cabinafteroneoftheir numberspiedastory ofa shipwrecked crew that survivedby clubbingagoannalizardtodeath. I guessthey fear their ignorance ofwhat a goannalizard isand that iftheywere shipwreckedthelikely substitute would have to be yours truly. I assured themthat we wouldbe nowhere near Australia, home ofthe goanna, and that even ifwe were, the goanna lizard tastes a lot like chicken. Satisfied, they wentback to their timeeonsumingactivitiesofcompetinveheat-stroking and tai-chi. However, I prudentlyremoved thepaper from the communalreadingroom. I had learned thelesson ofkeeping mypublicas uninformed as possible when the cook inadvertently left dieevening mealtethered toapost inthe galley and a sailor proposed marriage while three others asked ifthe ewe hadasister. My crew isapprised ofitsfuture ona " needto no" basis, withme having the need to say no as often as a hundred times before the basic message finally sinks in. In a fit ofboredom Iread the paper. A story below the one thatcaused such concern among my dimlyconscious crew caught my eye* A man wasaccused of"rapingachildby force"(Buffalo.News, 1/26/92A-3). Raping by force. The term is akin to "stealing by crew. larceny" orkilling with death. Istherearape without force? A rhetorical question I grant you, but somewouldrespond that statutoryrape can occur withoutforce. I counterthat whena child is concerned, as it is here with twelve year old boy, theforce can occur mentallyby leavingthe child withno option but to submit. In the best light, itis gruesome. On the same page Jeff "I can't believe I ate the whole thing" Dahmerison trial. Iwas going toredact thatnickname but intheinterestof generatingmailIVe decided to leave it in. Ina wayitis indicative ofhow our society deals with its mass murderers- some quick humorand then change the channel. Since he's pleading insanity,and were I GerryBoy le, his attorney, I' d simply show thatJeffmaintained his primary residence in Milwaukee. If that doesn'twork.claimhevotedforReagan. Twice. Caseclosed. Essentially, Boyle needstoshow thatDahrnercoukln'tcontrolhis actions, didn't understand the implications of his acts, or didn'tunderstandthat whathe was doingwas wrong. If Boyle succeeds, he'll probably be tapped forChiefof StaffbyGeorge Bush. On another page an article stated that fruit flies died on the space shuttle by being subjectedto chemicals. I knowhowthey feel, having made a transatlantic journey myself that lasted long enough for me to become hungry. I didn't die, bul my stomach acted like it had entered a weightless environment by turningover several times. GeorgeBush gavehis StateoftheUnion addressonTuesday. Hewason three networks and still lost in theratings battle to "Three's Company"re-runs. In my travels I've heard many people satisfaction. Society cannot rise above its citizens. As long as thereare members that choose to behave like animals, any society- even an itself. If enlightened one- must act to protect , I kill someone in selfdefense, there sno questionthatI didtheright thing. When people like Dahmer start taking from people their most precious possession, their very lives, society must exact the ultimate penalty. I recognize that state-sanctioned murder cannot bring a victim'back. But I don't expectitto. Stopand thinkaboutyour favorite food. Thenthinkaboutbeingwithsomeoneyou love and how that makes you feel. A murder victim will never experience any of those thingsagain. Nowrmsupposedtobelievethat akiller is entitledtoenjoy the wondersoflife? That he can reap the benefits he permanently denied another? That's not fair. That's not justice. That view may seem base and craven, but it's rational- in the heart, if not the mind. Politiciansrally around the-deathpenalty because that's what the people want. It's an expression of our frustration and anger at a culturegone wild. A deathpenalty's deterrent value, ifany, is irrelevant. It should be viewed as apunishment that follows a particular act, not as a means to influence behavior. If it in factdoes, so muchthe better, butlet's not fool ourselves. However, there is something that I shouldmake clear. I only supportthe concept ofthedeathpenalty. Currently,I havereservationsabout itsapplication, and theallegations thatitisracially unbalanced. Ifitistobeused, itshouldbe usedfairly. Theentirepointofthe deathpenalty is tocreate equity, tobalance the scales, so to speak. Otherwise, I have no objection to giving the state the power to exterminate those that would prey upon its citizens. One final note: I find it disturbingly ironicthatthe man whogot John Hinckley off onthe insanity defenseis now defendingMike Tyson. Brrr,a chill windblows... disparage theattitude oflawyers. Many find them parasites ofthe human condition. With Bhopal as a yardstickitisn'thardto blast away at those solicitors who ply their wares in attractive leather cases. The difference between the solicitors whoare arrestedand those who represent those arrested is that the latter has briefs ina leather case whiletheformer is encasedinleatherbriefs. Litigationgunslingers can rest assured of the natural state of humankind. Remembertheßiosphere2 project whichplaced thefour men and four women in abig bubble to showthathumanscanco-exist withnatureforatwoyearperiod? WelLacritic oftheproject isbeing suedby Biosphere officials. Yes,thescientists trying toprovethat we havea brightfuture are tryingto silence those who don'tbelieve in the hypothesis. Clearly, noteverything isideal in this syntheticGarden ofEdea With thefraud and chicanery alleged by the critics it's obvious that sheathing half the human population in latex isn'tas attractive as first believed. Given the state of affairs within any union, even those ofa consensual nature, the Nineties version ofsafe sex has finally been given a name: flirting. Captain's Log: 1/31/92 We arrived early in the morning and I gave the entire crew an unlimited three day passofshoreleave. Peace has descended upon tibsO.P.P.Renegade as thelove starved crew is out placing personalads in a variety oflaw school tabloids inthearea. Thewholeprocess is born ofa sublimated desperation that surfaces fora few weeks in whatrapidly becomes the St. Valentine's Day massacre. Captain's Log: 2/2/92 I have hadcrew members commit acts ofstupidity thatGeraldo would be hesitant to report. But I think this crew has gonebeyond them all: seven oftheirnumber havetarnished theRenegade's reputation beyondredemption andjoinedtheGrandOldPartyofOldFarts. I think agoodkeel-hauling is inorder. Finley, cont. frontpage 1 discrimination and is therefore, as a personal injury, not subject to taxation. Theemployees won on appeal to the TennesseeCourt ofAp- pealsand the U.S. SolicitorGeneral petitioned theU.S.^upremeCourtonawritofcertiorari. Asoneofthirteen cases granted certiorari, from the hundreds submitted to the Supreme Court, Prof. Finley saidthe probability ofthe writ being granted seemed likely. The federal government had a strong interest in the case and the issue ofthe taxability ofTitle VII discrimination settlements has caused conflictamong theFederalCircuits. Although she has previously filed amicus briefs to the SupremeCourt, she looked forward to the experienceofappearing fororalargument. However, sherealized that this meant the road was not over for the plaintiffs. "There is always a desire to be very thorugh in your briefwriting, but because it is the Supreme Court, a higher standard is expected", Finley said. She therefore did not prepare hercase inisolation. The case created interestfromlawyers and organizationsacross the country who wanted to prepare amicus briefs. Prof. Finley said sheenjoyed theopportunity ofnetworking with these attorneys in developing her approach to the case and exchanging comments ontheir briefs. She also discussed the case with her law school colleagues who specialize in tax. The greatest pressure she experienced was time, giventhe fact that her brief was due two days before Christmas. Amicus briefs were filed by such organizations as the ACLU, NAACPand The Legal Defense Fund. The AARP (American Association ofRetired Persons) also submitted a brief, given their interest in the impact such a case could have in age discrimination suits. Toprepare fortheoralargument,sheand her father participated in two mootcourts in rehearsalfororalargument. hallowed themto prepare for potentialquestionsand obtainfeedback from questioning attorneys. Prof. Finley' s father, who wasinvolved in the underlying case, actually stood before the court. Justice Scalia was very interactive with questionsas were Justices O'Connor and Stevens. No questions were asked by Justices Thomasorßlackmun. Prof. Finley mentioned that one personal impressionoftheSupremeCourtwasthe courtesy ofthe Justicesand theirstaff. Before entering the court, the Court Clerk gave both partieshelp fultips. For example, heinformed them that due to Chief Justice Rehnquist's back problem, he would periodically have to leave hisseat and stretch sothat they should not feel it is areflection ofhislack ofinterest in theirissuesorcomments. Theclerk also noted "Never forget to refer to Chief Justice Rehnquistas 'ChiefJustice'" Finleyalso mentionedthe traditionwith which the court is conducted. The Solicitor General appeared in the traditional morning formalattire ofgraytuxedo tails and each side wasgivenaquailpen(youcouldselectarighthanded or left-handed pen). ProfFinley also noted, however, thatthelawyers lounge only hada men'srestroom and women attorneys had to use the women'srestroom in the hallway. Prof Finley stated that a decision in this case would have a significant effect on future personal injury cases. Shouldthe government win,it would make settlement more difficult as plaintiffs would demand more money knowing thatsome ofit wouldgo to the IRS. Itwould also cost employers moremoney ifitis consideredbackpay since they would have to pay employer tax contributions. Prof.Finley, whoteaches Law, Woman and Equality, Tort Law, and Research and Writing, said that it wasa cherished experience. She stated that such an opportunity allows ateacher to translatethisknowledge to students and help them in developing their writingand oraladvocacy skills. Remember... February is Black HistoryMonth February 3,1992 The Opinion 5 �From the Desk of the President by Brian P. Madrazo Third YearDirector Elections Tuesday and Wednesday,February 4th and sth, the SBA will be conducting third year class director elections in front ofthe library from9:ooa.m.to4:oop.m. Allthirdyearsare eligible to vote in the election and write-in voteswillbe, ofcourse, accepted. Please take the time to stop by and vote. moving 0n... Red Cross Blood Drive The SBA will be sponsoring a blood driveMondayandTuesday,February 10thand 1 lth, from 10:00 a.m. to 3:00p.m. in thefirst floor loungeofO'Brian Hall. Please stop by and donate, apparently theyare in urgentneed right now and every littlebit helps. The goal is fifty personsper day. Last semesteroverone hundred people donated during the two day period. Hope to see you there. moving 0n... Food Drive The SBAwillbehelping out onaValentines Day Food Drive. Please bringfood tothe election table onthe 4th orsth, or stop by and leaveit in the office, room 101 O'Brian Hall. Lookfor further announcementson thisdrive. moving 0n... Committees As of January 30,1992 no student has turned inan application fortheBudget Committee, Orientation Committee, Speaker's Committee or Commencement Committee. Curiosity is my onlyresponse. The Budget Committee will consist of seven members oftheBoard ofDirectors,two fromeachclassplus theTreasurer as Chair,and two students who are not on the Board of Directors for atotal ofnine voting members. Furthermore, the President, Vice-President and Secretary ofthe SBA will be ex officio members ofthe committee. This committee makesrecommendations to theBoard onhow to allocate next years budget, hence it is an important committee. Enough said. moving 0n... Budget Process Attention Groups andall interestedparties. The Budget Process has started. Budget Packetsarealreadyinyourboxes. Ifyoudidnot by Renei Walner To outsiders, the South can seemabafflingandcuriousplace. Oflate,ithasbecome increasingly popularas asetting forboth film andtelevision, perhaps spurred onby the successofthefilmsDriving MissDα isy and Steel Magnolias. These Southern settingsare most notable for presenting a broad spectrum of femalecharactersoften missing frompopular entertainment. FriedGreen Tomatoes marks the latest entry and on occasion can be evocativeand stirring. FriedGreen Tomatoes tells two stories. One takes place in the present and the other depicts the memories of one character presented in flashbacks. FriedGreen Tomatoes moves between scenes depicting the new suburbanized Southand thoseofasmall southern town duringtheGreatDepression. Jessica by Robert Garnsey The last few yearshave seen a veritable bonanza ofgangsterfilms,ranging in quality from Martin Scorcese's Goodfellas (which I stillsay deserved Best Picture last year), to the elegantbutultimatelyunsatisfyingGodfather 111, to last year's pathetic Mobsters. As a service to fans of mob movies, here is a rundown ofthe best ofthe recent crop, some of which are available at yourlocal video store, and some of which are still in their first or second runs at the theaters. GOODFELLA S. No questionabouttithebest gangster film sinceGodfather I and 11. Fast, funny, andru rii his in its paceand punctuated with graphic v iolence, it's a terrific story oflife in the Mafia's fast lane as told from the perspectiveofniobstcr-turnedinformanl I lenry Hill. The cast, including Joe I'esci, Robert DcNiro,andßay I iotta, is superb. A must-see. 6 The Opinion get one extras are on the door ofthe SBA. In a nutshell here are the pertinent dates. February 21,1992-All Budget Requests due in the SBA Office by 4:00 p.m. March 16 20,1992 Budget Committee Hearings, these are mandatory for both the members ofthe Committeeand thosewhoare requesting budgets. March23,1992-Proposed Budget sent to the Board ofDirectors, groupsand to The Opinion. April 3,1992 SBA BudgetHearing to Itwillbe2:3o approve Budget for 1992-1993. , p.m. -???inroom 106 O Brian Hall. Mandatory fortheßoardofDirectors. Note: Rollover Requests are due from the various student groups. Make sure you pick up the proper request form. No hand scribbled notes orlast minute phone calls! April 15, 1992 Vote on rollover re- - - - - quests. moving 0n... Executive OfficerElections This is the official time table for the election ofthe next setofofficers ofthe SBA. February 17,1992 Petitions available March6,l992 -PetitionsduetotheSßA by 4:00 p.m. March 16,1992 Candidate Debates and , Forum3:3o-s:oop.m.roomlo6O BrianHall. March25,261992-Elecrions( Wednesday and Thursday 9:00 to 4:00p.m. in front of the Law Library, write-in votes are allowed.) March 301992 RunoffForum ifnecessary (room 106O'BrianHall3:30 to5:00p.m.) April 1,2-RunoffEkction ifnecessary (in front oftheLaw Library from 9:00 a.m. to 4:00 p.m., no write-in votes are allowed.) moving 0n... Meetings The SBA willbemeetingon Wednesday , eveningsat7:4sp.m.inroom7o6O BrianHall. All are encouraged to attend. I apologize for the latenessofthe hour butthere simply was no othertime when every member ofthe Board couldattend. Room 706 is theconference room on the 7thfloor withthe round table. It has a nice view so come on up and join the fun. The last official SBA meeting of the - - - SBA: Up Close & Personal by NatalieA. Lesli, Business Manager TheSBA is back in session witha new constitution and a new meeting time and place. Not much new business has been conductedyet,butthe agenda forthesemester is full. Check out SBA President Brian Madrazo's article for the schedule of upcoming events. A major portion of the remaining unallocatedreserve fund was givenaway at the last meeting. The recently recognized Buffalo Environmental Law Journal requested $300 from the SBAaftersubmitting a very impressive budget proposal. The responding to a proposed change in thelaw school policy on dropping courses. Currently, the p< >licy has been thata student may drop a course any time prior to the final examination. The withdrawal would be indicated on the student 's transcript, thusdiscouraging latedecisionstodropcourses. The proposed policy would require students to obtain the Associate Dean ofStudent Affairs' permission beforedroppingthecourse. Members ofthe SBA voiced numerousconcerns withregard to this new policy, including the fact that the decision was made $300,whichrepresentsatinyportionofthe without significant studentinput, is unnectotalamount necessary for this type of unessary, and shouldbe voted on by the entire dertaking, was given to the journal by a faculty. I'm sure that we'llbe hearing more UNANIMOUS voteoftheSßAClassDirecabout this... torspresent This marksthe veryfirst unaniAs I have stated many times before, mous vote oftheyear!!! Congratulationsto the SBA welcomes any and all visitors to the Buffalo Environmental Law Journal. I their meetings. It really is the best way to didn'tbelieve that I would everseea unani- find out what is going on around here. The mous vote fromagroupofpeoplewho can't SBA meets every Wednesday at 7:45pm in even agree uponwhen to adjourn ameeting. Room 706 (the funky round room onthe top The SBA is also in the process of floorofO'Brian). Seeyouthere?! a semesterwillbeApril 15,1992. Theincoming will be open 500 moving 0n... Executive Committee will be introduced at January 29,1992 Meeting this meeting. They will not be installed until The onemajor financial piece ofbusiMay 1,1992. ness conducted at this meeting was the apmoving 0n... provalby theBoardofDirectorsofthe Buffalo SocialUpdate Environmental Law Joumal'sbudgetrequest The SB ApartyatMulligan's lastThursday wasa smashing success. Over2Bopeople ofthreehundred dollars. A numberofresolutionsand proposals attended and although I could not stay forlong I must say that quite a few law students can on late grades, drop/add and teacher evaluadance! Onecriticism is that the beer ran out. tions were sent to committee and will be The SBA will rectify thatproblem at the next brought to theBoard at our next meeting. Wrap Up party. Hope to see you at ournextevent, look Big events coming up this semester forannouncements in February. include BPlLP'sannualPledgeDriveinMarch, moving 0n... Smoking Lounge BLSA 's Black History Month inFebruary and You may be wondering whythelounge theInternationalLaw Society's Internationalis not open yet. Basically it is because the ization oftheLaw Conference in late Februshelving unitsthatare in the room need to be ary, rmsorryifl left anyoneout, drop meanote taken apart to get them out. Untilthey go we and I'll giveyouaplug inmy next article. Stop cannot get the painters in theroom to paint the by and let us know whatyou think the SBA floorandwallsnor will much furniture (it in the shouldbe doing,what weare doingwrongand room with the shelves in there. Dean Cook what, ifany thing, wearc doingright Rememassures me that a rush order is in toremove the ber we are yourrepresentatives, tell us what shelves and given thetremendous jobshehas you think. Until next time. done inthepast I have nodoubtsthat the lounge Movie Review: Fried Green Tomatoes Tandy plays Ninny,a spry 82 yearold woman living ina nursing home whois partial to high top sneakers and argyle socks. She meets Evelyn, played byKathy Bates, apretty, somewhat overweight woman visiting a relative. The two women strike upan easy friendship and before long Evelyn visitsNinnyregularly. Evelyn finds herselfat a curious stage in life. She is irritatedby her sweet yet un-romantic husband and furiously attends assorted selfimprovement classes to fill the voidall to no avail. She finds herselfdrawn to Ninny'sjoie de vivre, sprightliness and captivating storytelling, particularly one involving two young women Ninny grewup withand knew particularly well. ThebetterpartofFria/G/m» Tomatoes From the Cheap Seats GODFATHER III: I kept waiting forthis movie to take off, to draw me into the story the way the first two films ofthe trilogy did. It never happened. This film, for the mostpart, lacks the power and dramatic sweep ofits predecessors. Italso falls victim to unfortunate casting—SophiaCoppola fails toconvince as Michael Corleone's daughter Mary, and it's hard to figure out what George Hamilton is doing here. Still, the film is beautifully made, and thereare moments--particularly Michael's confession ofhis many sins- that pack the emotional punch whichFrancis FordCoppola is capable of. Bl IGSY: Still going strong at the box office and a loading contender at this years Oscars, Hugsy is director Barry Lcvinsons entry into Ihe mob genre and a fine (though February 3,1992 restaurant. These womenare quiteunusual for the time, since they adamantly serve both takes place when presenting the story ofthe black and white people in their restaurant, young women, Idgie and Ruth, and the bonds taking on the Klu Klux Klan in the process. they forge with a loyal group ofblack co- Intrigue is added by an incident involving workers. Idgie, played by Mary Stuart Ruth's husband, whoisfaced withthe conseMasterson, is fiercely independent and fearquenceofneverovercominghisovert hostility. less, and outto live lifeaccording to her own Fried Green Tomatoes is less successrules. Hurtbythedeathofherbrother,shehas ful when it attempts to be amusing AsEvelyn forsaken her family and finds solace in the hears thestory ofthesetwocourageous women, amiable bunch gathering at a local tavern. she is supposed to be deeply affected and Idgie begins to heal once she develops an evorveintoamorefree-spiritedperson. Unforunlikely friendship withRuth (Mary-Louise tunately , these events arepresented in a sitcom Parker), who seemsquitethe oppositewithher like manner which ultimately has a jarring pretty feminine dressesand lady-like behaveffectonthe movie. As ifto compensate, some ior. Fried Green Tomatoes doesagoodjob of potentially mawkish moments are bypassed. depicting their friendship, especially when Overall, the performances are all quite good Idgiehelps Ruthleave an abusive marriageand and at times Fried Green Tomatoes achieves the two become business partners in a local a certain lyrical quality. Housing Clinic, cont. from page 1 originally scheduled to begin in 1989,but was Siegel, the debonair hood who built the Fla- delayed by the State Historical Preservation mingo Hoteland virtually founded Las Vegas. Office. Othercircumstances which factored Beatty' sperformance shows us both sides of into this delay were that the cost ofrehabilitaBugsy: the visionary and studentofelocution tion had skyn>cketed yetthe rents had to bekept who wants to make Vegas "an oasis in the as low as possible, and that there wasa need for desert," and the raving psychopath whocan special designs and materials to accomodate turn violentat amoment' snotice. Although the any tenants suffering from physical disabilifilm is a bit too long, the cinematography is ties. This made the already difficult job of great and the supporting cast, particulary Ben financing much more burdensome, however, these problems have been solved and occuKingsley as MeyerLansky, is terrific. pancy is expected in December ofthis year. flawed) one at that. Warren Beatty gives an outstanding performance as Ben "Bugsy" GIVE BLOOD Thereare c urrenllynine lucky students in thehousing clinic, a group described as being very diverse, with a w iderange ofinterestsand different reasons for participating in theclinic. They have very large shoes to fill and much to accomplish, butProfessor Hezel is confident thatthey will dojust that,and probably more. �■ asf dfsdafsdfsd ■ Human Rights and the Legal System in Zimbabwe PHI ALPHADELTA LEGAL FRATERNITY Mr.Kempton Makamure presents Jill Leonard Dean, Faculty ofLaw University ofZimbabwe Tuesday, February 4 2:00 p.m. International Field Represetative Tuesday, February 4th Comefind out what PAD is all about First FloorLounge, O'Brian Hall 12:00-1:00PM , Faculty Lounge, sth Floor, O Brian Hall Sponsoredby: The Graduate Group on Human Rights Law & Policy and the Black Law Students Association Pro-choice planning meeting SixteenthAnnual Martin Luther King Jr. Commemoration A planning meeting will be held in order to establish an ad-hoc coalition to stop Operation Rescue. SBA Meetings are held Wednesdays 7:45 pm in Room 706 O'BrianHall Keynote speaker: Morris Dees "The only thing necessary for the triumph of evil is for good men to do nothing." -Edmund Burke Tuesday, February 4 Thursday,February 20,1992 Slee Concert Hall 8:00 P.M. -angston Hughes Institute (25 High St.) NoAdmission- Reception to 7:00 p.m. follow • I * A.W.L.S. • In Celebration ofBlack History • February Events Wednesday, February 5 # 1992 -- General Meeting, 3:30, in Women' s History Month; the First Floor Lounge. To be discussed Pro-choice activities. All welcome! Wednesday, February 12, 1992 wine and Cheese Reception for students, attorneys and anyone else interested in the "A.W.L.S. Connection" Mentor Program. Meet your mentor from 7:00 9:00 pm in the Faculty Lounge. - -- - Month U. B. Black Student Union presents: I • Dr. Leonard Jefferies • • Chairman ofC.U.N.Y. Black • Studies Department • on I • • I • : I * History and Education in America • U7DiefendorfHall Friday, February 7,1992 I : 8:oop.m. Free Admission • For further info., contact Javon Johnson Tel. 837-5977 ••••••••••••••••••••••a • p——————————————————————————* Jr J? ffl II j f \ Ij Love Blurbs! V«JI\V-LCj jnThe Opinion's specialValentines Day issue. Express those burning, churningyearnings from your heart, or any other passionate regions. THE BUFFALO WOMEN'S JOURNAL OF Call fokPapers— mm m Ch A Circles encourages the submission of | Wi IJ (As editors,wereserveIheright toeditforboring prose orstudent apathy.) i i scholarly articles commentapfipoetry, I fittiiki, book reviews and qrt work. I \For more infarmation,caUB3B-093^ VOO deadline: February 15 I \ Jff' WriteyourLovedittyhereandplaceitinßox443orsl2and watchfor it in theFebruary 12th Opinion Valentine's Day issue. b—————————————— ———————————— February 3,1992 The Opinion ! J 7 �'■" —-— 1" New York Bar Review Course Summer 1991 Enrollments Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course f � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-02-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/3/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cdeabed749b6c6708eeddf6fcbce976b.pdf ec4238904814f6917183234f434bf388 PDF Text Text Volume 32 No. 9 O THE PINION January STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW 21, 1991 Professor Muhammad I saiah Kenyatta (1944-1992) by SaiiltanH. Baptiste, iNews Editor As students, faculty andfriends spoke to Dedicated to Love the audience gathered in ÜB's Slee Hall on January 15, 1992 to memorialize the life of Professor Muhammad I. Kenyatta, all mentioned the impact this teacher, civil rights activist, minister and friend had ontheir lives. Above all,they mentioned his commitmentto his community and the message of love he spread throughout his career. Muhammad , Kenyatta s prophetic life is a message to all that share his memory. Born in 1944as Donald Brooks Jackson, Pro f. Kenyatta had no aspiration to become a lawyer. As a child raised in a small, racially segregated industrial town ofChester, Pennsylvania, Kenyatta had no idea of what a lawyerwas. Hewasbornintoapoorhomeand attended a physically inferior all-Black elementary and juniorhigh school. However, evenat theageofl4,hewasknown as the"The Boy Wonder Preacher and he spoke nearly every Sunday at his uncle's church. He also spoke to women' s organizations on "The Negro in America: TheUnfinished Dream and other civil rights issues. After high school, Kenyatta attended 1944:Bom Donald Brooks Jackson in Chester, Pennsylvania 1956: Called to the ministryat age 12 1960: Attended Lincoln University 1961-62: Entered the U.S. Air Force, assigned to Altus Air Force Base, Oklahoma 1962-65: Attended Williams College, Pennsylvania 1966: Moved to Mississippi to attend Tougaloo College and became involved in the civil rights movement; changed his name to Muhammad I. Kenyatta 1966-69: Editor for the Freedom Democrat and the Mississippi Independent for the Mississippi Freedom Democratic Party 1966-67:Community Organizerof the Child Development Group ofMississippi (OEO-Headstart). 1968-69: Coordinator andTrainerof the Southern Cooperative Development Program, Mississippi 1969-76: Executive Directorofthe Black Economic Development Conference, Lincoln University in Pennsylvania for one year, but when he could no longer afford to continue hiseducation, hejoinedthe Air Force at age 17. In 1962,he attemptedto continue his education at Williams College in Williamstown,Mass. However, whenheheard reports ofthecivilrightsmovement in Mississippi, he felt a calling to participate in the growingcivilrights movement. He left Pennsylvania and moved to Mississippi with his wife, Mary, and enrolled in Tougaloo College. It was then that he chose the name Muhammad I. Kenyatta to honor great religious and black leaders. His first name pays homage to Muhammad, the prophet ofIslam, and Elijah Muhammad, the Black American religious leader; his middle initialis forIsaiah, the Hebrew prophet of socialjustice; and his last name is in tribute to Jomo Kenyatta, the first president of Kenya and one ofAfrica's foremost crusaders forindependence. In the late 1960's, Kenyatta joined the Mississippi Freedom Democratic Party, an organization which fought barriers to Black participation in southern politics. Kenyatta became a target of the FBl's Counter Intelligence Program, "Cointelpro" which was designed to' 'expose, disrupt,misdirect and otherwise neutralizethe activities ofblack nationalists" and radicals, according to the directivegivenby then FBI Director, J.Edgar Hoover. This characterization ofKenyatta as a "radical" was hardly fitting. Kenyatta was also a community organizerfor a Head Start Program for impoverished children and coordinated the Southern Cooperative Development Programand theChildDevelopmentGroup inMississippi. However, thiswas enough to persuade the FBI toforge athreateningletter in April, 1969purporting to befrom aTougaloo College student group. The letter, admitted by the US Department ofJustice tobe fabricated, statedthat theydeploredhis activities and ifhedidnot heed their warnings, they would "take measures.. .that would have a more direct effect. .[and] would not be as cordial as [the] note." Thinking this letter to be a death threat, he was forced to return to Pennsylvania withhis family. In the spring of 1975,it wasdiscovered to be the work ofthe FBI. Kenyatta later sued . Pennsylvania 1972-78:Permanentrepresentative to theUnitedNations Non-Governmental theFederal Government for violatinghisconstitutionalrights to freespeech. It took 16years forthe case to come to trial, however the jury ruled against him. The threat of death did not deter Kenyatta'scommitmentto socialchange. He later became executive director of Philadelphia's Black Economic Development Conference. In 1973 he attended Harvard Divinity School as aMerrill Fellow and later returned to Williams College to receive his bachelor's degree in 1981. Atage 3 7,he went on to Harvard Law School. While a law student, Kenyatta taught political science at WilliamsCoUegebetweenclasses. During his second-yearofschooLaspresidentofHarvard's Black Law Student's Association, Kenyatta fought forincreased numbersofminority students, faculty members, and administrators at Harvard. In 1988,a University at Buffalo law student, whohad attended Kenyatta' s classes at Williams College, suggested Kenyatta's name to UBlaw school'sFaculty Appointment Committee and Kenyatta was offered a position as a visitingprofessor. While at ÜB, he taught classes in Race, Racism and the Law, Constitutional Law, Democratic Theory, Civil Rights Legal History, and was scheduled to teachLegal Profession during the 1992 Spring term. Teaching in law school was a different experience for Kenyatta, but he applied the dynamics ofhis formal teaching experience, hisknowledge gained as a champion ofcivil rights and social justice, and his spirit and oratory as aminister. He had a uniquekinship with hisstudentsand si rived toreach not only their minds, but their hearts. Many students andfaculty spoke ofhischarismatic personality whichleftalasting effecton all he encountered. On many occasions he wascalledupon to represent UB Law School in the media on major issues oflaw and socialimportance and wasalways willing to giveofhimselfalthough he was suffering fromaseverecaseofdiabetes. On one occasion, he was interviewed by a Buffalo television station on a social issue while in the hospital undergoing treatment. During the earlymorning ofJanuary 3, 1992,Muhammad I.Kenyatta died at Millard Fillmore Hospital subject to complicationsof hislong term illness. Atthememorial service, Kenyatta's daughter, Luana, read from I Corinthians 13:13 which must have been a favoritescriptureofMuhammad's. Theepistle ofSt.Paulreads' 'Faith, hope,and love, these three; but the greatest ofthese islove. *' Muhammad often spoke ofthis verse showing how law should beapplied in pursuit ofjustice. He saidhe oftenpondered how totell his students about the law and why the law mattered. He would then remember what America waslike during his early childhood and therevolution ofthelaw through whichhe lived. He said, "Andthen Iknow. Imust say thatlaw.real law, isfirstandforemostalabor oflove.'' Organizations (NGO) Section 1972-81: Served as Vice Chairperson ofthe Pan African Skills Project, an international educational program involving the United States, Tanzaniaand Ghana 1973-74. Attended Harvard Divinity School as a Merrill Fellow. 1976-78: National Director of the Black Theology Project ofthe National Council ofChurchesofChrist. 1977: Theologiah-in-Residence at the College ofWooster (Ohio); taught urban studiesas avisitingprofessor at Temple University 1978- 80: Lectured inhumanities at Haverford College and directorofa community out-reachprogram 1981:Receivedhis bachelors degree from Williams College 1981-84: Attended Harvard Law School; President ofHarvard'sBlack I .aw School Students Association; taught courses in political science at Williams College 1984-85: Harvard Fellow inPublic InterestLaw 1986-87: DirectorofCommuniryPrograms,NewEngland Region oftheAmerican Friends Service Committee 1988: Visiting Associate Professor atUniversity at Buffalo Law School teachingRace, Racism and the Law, ConstitutionalLaw, Democratic Theory, and Civil RightsLegal History 1992: Died from complications of diabetes, Buffalo, NewYork " [Highlights Cheap Seats BPlLPAwarded Grant Editorials SBA Developments A Question of Libel 3 3 4 •••$ 7 �! Study with Pieper... and pass. _ I ! Pieper New \brk—Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 (516)747-4311 PIEPER REPS. : . Trini Ross, Sabby Charles Santarpia & Kirn Smith Edward Miltor t 1990 % �From the Cheap Seats GrindYour Butt Here by Michael Radjcnitdx,.PlwtographyEditor by Robert Garnsey be was notallowed rred on her own and is determined thai hi impossible-construction Aftera semester-long hiatus, the smokto asbestos problems, and locating the due childhood be a happy one, and Jane, who be b inglounge isreturning to thesehallowed halls it lieves that Didi is stunting Fred's intelleclua in be violation offirecodes. should check loungetherewould big, overpriced multiplexes later this week. The smoking lounge was displaced by the fourth floor Macintosh lab Also, the smoke from this area was drifting out at the cheap, no-frills Amherst Theater growth and who wants to enroll Fred in her school for the gifted to nurture his during the summer of 1991,and thelack ofa down the elevator shafts and into the fourth this week. Foster's directorial dewarm, floor halls of more conflict but isan modest It is this conflict be Baldy, causing intelligent, potential. replacement lounge has beenthe topicofheated between smokers and nonsmokers. At one little about a thefiercely seven-year-old protectiveDid film tween argument throughout the previous semester. fromBaldy Fred Tate(played newand the genius, by intellectually gifted bu staff wasactually point, removing Marienc M.Cook, Assistant Dean forResource furniture that smokerswould not have it comer Adam starved Jane which Hannßyrd). Byrdis emotionally the so Management,admitted that she simply didn't terrific the child the its remarkable lonely prodigy gives film fortheir useand convenience. as realize how much hardship thelack oi'a desigwhoseexistentialbroodingandconThe new LAW SCHOOL DESIGpower. nated smoking area would cause. Lackofsuch fearsofimpending There are, to be sure, some ecological SMOKING be theroom stant AREAwill in an area turned O'Brian Hall into a replica of NATED ulcers vivid flaws iughtthat until last week housed the Law School and doomgivehim in this movie- the ending Capen Hall, which is suposed to bea "smoke (the room), Bookstore Mimeo and the bookforonething, isa bit too neat am maresaboutwakingupinVanGogh free" building. Withoutaplace to lightup,the , mom, But as s store share with the mailroom Fred contrivedand it's a small film space paintings. played will in smokers inCapen simply doso wherever and To not not likely overly Foster, 305. tells the and ambitiousand facilitatetheswitch,thecopierandthe by prim hopewhenever they please; they could not be exmail meters moved to 306 to the to attract give were Jane Grierson a crowd come Oscar lessly impractical pected to move outside into the freezing bookstore more and reduce traffic. a space (Dianne Wiest), whoruns school time. Butforafirstouting,Foster's weathertosmoke. Marlene Cook wasfaced withtryingto MarleneCook'smainconcernwas the security for gifted children, Fred just wants to be a direction is amazingly smart and confident light years ahead ofEddie Murphy's. Her find an immediate solution toan unanticipated problem caused by this joint use, but she feels normalkid. else," that she tried and Fosterdoesn "really everything Thankfully, though, performance is (as usual) superb as the work-I turn problem, and was caught between what see the situation she 'didn'treally have a into cliche-ridden schmaltz given ing-class mom, and there iseven a fineperforLittle Man Tate ' termed "religious cults" onboth sidesofthe choice." The oldmimeo room was who wants to originally just about the littleboy mance by crooner Harry Connick, Jr. as a lonely issue. The obvioussolutionto theproblemwas ion to cafeteria, Instead, a sothereisadditionalvenlilat catch with the the is play guys. collegekid who befriends young Fred. All in film tomake smoking permissible in the firstfloor forpossession ofFred all, it's a pleasant, rewarding movie from a smoke, handle the and its centrallocation on aboutatug-of-war really loung. However, the StudentBar Association voted against such a solution in light ofthe the secondfloor makes iteasily accessible to between two mother figures-Didi,Fred'sreal recent remodeling which costs3ooo. Marlene all. It is 240 net square feet insizeand will be mother, a cocktail waitress whohas raised painted early this week, with furniture to be Cookhadplacedashtraysand furnitureinalowadded by the SBA. Withitsunveilingattheend traffic hall area behind the elevators on the of the week an ugly chapter in the current fourth floor, with hopes to have a wall conby JohnB. Licata, Editor-in-Oiief civil legal services within New York Slate. administration'shistorywill finally be closed. structed sothat the smokers wouldagain have InDecemberthe SUNY-Buffalo School LRAPs represent the bridge between theory anactual room fortheir habit. This proved to ofLaw' sBuffalo Public InterestLaw Program and practice by removing the economic ob(BPILP) received a $50,000 grant from the staclefrom the path oflaw studentswho have Interest on Lawyer's Account (IOLA) to be mortgagedtheir future foradegree and allowsharedwithCUNY-SchoolofLaw. ÜBjoined ing them to work in the public interest, notoforceswhhCUNYtopresentastrongerfunding riously occupying the basement ofany pay proposal. Thegrantmarksasignificantstepin scale. UB has developedan LRAPthroughits the three yeareffortby law studentsto develop a Loan Repayment Assistance Program own fund-raising effortsand withan accumulated total of $20,000 BPILP ishopeful that In arecent foray ashore I stoppedinto the (LRAP)atUB. ÜBLawgraduatesChristopher byJohnß.Licata financial services can be provided forstudents graduate Welch, Thomas and Kathleen former Captain'sLog: 1/12/92 ThirdRoom and contacted a longtimeassociassistants for BPILP, were instrumental in out-of-stalcand/or for criminal deworking Thecrew hasbeenriding therails forthe ate, MAY the Intrepid. MAY had braved the fense services. Decisions for the distrilegal the for ÜB's starting grant writing LRAP. past three daysas the binge has finally come to Arctic circle and returned with news ofthe Present assistants Jill Barr and bution offunds graduate will bemade by a committee aclose. The holiday hazeis lifting and sobriety outside worldforSunyAtbuff. Icehadclogged of Freedman, students,alumni, Michael students and faculty. The commitworkingwithlaw willreturn soon. I haven't seenthis many shades many ofthe lanesofcommunication between will tee concentrate "on assessing our desires KateCeruUi, Malone, Maura JenniferNorton ofgreensincewesackedtheEmeraldlsle. The the frigid center circleand those in the lower and tor UB goals public legal services and to proposal. and the DannyWeitzner completed JollyRogerhas been flying at halfmastas one latitudes oflife, only MAY had successfully him, developourowncriteriafor Ms. aUBLaw the Assisaward ing funds,'' Angela Reyes, A ofthe esteemed members of Suny Atbuffhas navigated these treacherous waters and for MonroeCounty, Ms.Ban Whenquestionedabout explained Attorney tant District and met an untimely fate. His death has left the emerged unscathed. She informed me that communityreeling. In thepast threeyears the without constant vigilance the inhabitants of lOLA Board Member, was' 'very instrumental specifics of criteria Ms. Barr said that the committee would determinethe details. community hashad a veritable exodusoflegal SunyAtbuffareindangerofsuccumbingtoan in guidingand supporting< uirproposal," Freedmansaid. "Essentially, we must remember the minds. Lostormissing.butlistedonthestudent entropy resembling theminds ofprimary school grant is aone year commitment. This JillBarr said the is to lOLA purposeof LRAP bulletin, are Errol the Vested Interest, Large children. "It's wellknown that SunyAtbuff represents "enable students to interest a serious challenge forUB law to practice public Marje, Good '01 Spanogle,Lou I Know New residents are withouta firm graspofreality,'' fulfill a to studentsfor thelong term,'' law withoutbeing constrained their debt by promise Taxes, Three-Ring Binder, Still not Teaching MAY told me while sheplayed a Harp. I had LRAP burden." Ms. Barr stressed that is cautionedMichael Freedman. Mr. Freedman Greiner,Victorthe Sandman, and The Grades a Harp ofmy ownbut I did not have therefined not said that financial assistance and loan students forgiveness. entering public interest areintheMailPhillips. Wildßilldescribedthe talent MAY possessed. work depending upon Students beresponsible their the LRAP funds would forrepaying will We reminisced andwithafinalcaution carnage as the hemorrhaging of our human ifthat funding was loans withthe beeconomically grant money defrayinga perstrapped resources. Whatwill staunch the flow ofbod- toward following my ownconviction MAY eliminated based the failure of UB to upon oftheloan To meet the centage repayment. ies? I imagine a hiring freeze will be in place was againonherway, travelling into theworld follow on its up obligation. forNew York shortageoflegalrepresentation ' 'Clearly a one to foster coagulation. with a clear conscience as onlythose ofpure one," benefits no Freedman year program residents, State 14% of the presently legal Thereare approximately 84names listed spirit are able to achieve. served, needs ofthe the lOLA said. being poorare as faculty oradjunct staffforthelawschool,and Captain'sLog: 1/15/92 Why do we wait for people to be dead funds are earmarked for students working in onesection ofCorporations is being offered. before wepraise them? I've come fromafull dress memorial serviceforMuhammad and I hope that a man who engenderedsuchpassion was told ofhis influencewhilehe was alive. I Oral arguments onthemotionto dismiss Blum is attempting to secure employcan think ofno greatertragedy than to live as Blumv. Schlegel.et al for failure to providea ment withotherinstitutions sincehe has "no someone'srole model withouteverknowing it. short and plain statement will be heard by acknowledgedcontract"after Jury 1992. HavThe crewhasbecomecharged withan activist Judge Skretny on January 22,1992 at 4 pm. ing discussed his situation with other legal in fervor, cleaning upthe ship and streamlining Should Assistant Attorney General Douglas scholars Pro lessor Blum was told bya promitheoperation. Death can play the sameroleas Cream'smotion bedenied thepre-trialdiscov- nent CLS leader that his present predicament New Year'sEve by inspiring many people to ery would be the next logical step in the law isn't surprising since ' 'people have known make resolutions which will transform then- suit. about the Soviet Republic ofBuffalo for sevlives. I imagine the best view is to promise to Referring to an article thatappeared in eral years now." (Letter from Blum to UB takeastand onan issue,regardless ofthe size, the November2s,l99l issueofThe Opinion. Faculty 1/15/92). and carry through on thatpromise. UnfortuProfessor Jeff Blum characterized Cream's "Nearly four months liave gone by since nately, for most peoplethere will be nofollow statements as libelous. "Normally, you sit serving ofthe complaint and still there has through, a problem infecting both golfersand down withopposing counseland stipulate to been no answer, defendant's seem tobequite law students,and theresolution will beabanvarious sections ofa complaint, sort things <>ut. afraid oflitigatingon the merits," Blum said. doned withthe old year's calender or join the Cream isapparently trying to badmouth me, ' 'Theirstrategy seems to be to try to stalland departed person at eternal rest in the grave. demoralizeme in my litigation efforts, *' said starve me out." Foreign Law Programs Blum. ofLibel by Univ. of San Diego School ofLaw A SBA Party Describing the present statusofthe litiAlcala Park San Diego CA 92110 the gationBlum stated that "the Rule 8(e) short 23 Thursday and plain statmentrequirement ofa complaint Attorney General • Mulligan's Nite Club • israrely used as a basis for litigation as most I J University if <S;in F^icy* see excerpts from courts thinkit isa waste oftime to dicker over 9pm-??? details ofa complaint.'' letters on page 7 • LRAP at UB Receives $50,000 Rex Imprimatur ,. Oral Arguments in Lawsuit SUMMER LAW STUDY Dublin London Mexico Oxford Paris Russia-Poland San Diego I tJJ I Jan $3 at door • Question ; - * January 21,1992 The Opinion 3 �OPINION»88b Volume 32 No. 9 January 21, 1992 Editor-in-Chief: John B. Licata Managing Editor: Andrea Sammarco BusinessManager: Natalie Ush News Editor: Saultan H. Baptiste Features Editor: Darryl McPherson Layout Editor: VitoRoman PhotographyEditor: Michael Radjavitch StaffWriters: Kevin Collins, W.F. Trezevant, Srikant Ramaswami Contributors: JoiCarey, RebeccaEisen, Jeffrey Ertel, MikeFallon,AngelaGott,Bill Kennedy, Brian Madrazo, JamesMaisano, Melanie Mecca, JenniferPitarresi,Paul Roalsvig, George Snyder, Hans Tirpak, Renee Walner, TomWinward Editorial Muhammad Kenyatta's death has exacteda significant measure ofthespirit from the student body. His absence remains an unalterable, painful fact that will never be diminished in scope, only dulled inits intensity. For the students who wereclose tohim, the longemotional healing processremains while friends try to put into wordsemotions that render the eloquent inarticulate. Most eulogies attempt to interpret death with a positive attitude, an angle to comfort those leftbehind by the metaphysical traveller. At UBLaw, Kenyatta's death hasbrought the present status ofthe faculty into sharp focus, forcing students u> assess therolesthat the rest oftheprofessors play inthelaw schooland inthelives ofthe students. Thepresent conditionofthe faculty, withholes in the curriculumand a lack ofexhibited concern,cannot be viewed withcomfortby any students, past or future, associated with UBLaw School Onestudentcommented that she would trade threefaculty members for one Kenyatta. A second studentreplied that such a deal would bea bargain. Certainly theentire faculty is nottobe showninsuch an unfavorable light. However, the behavior typified by the faculty ischaracterized by omissionand not commission, representing thefailure to act and not an overt display ofunacceptable academic behavior. Gaining a perspective through death wecan now appreciate the need to act whileliving and not procrastinating Itmay be 100 much to askpersons to emulatea man ofsuch distinctive talentsand diverseinterests forthebenefitofanebulouseducationalpurpose.Perhapsthe greatest tragedy weface is that Muhammad Kenyatta, acaring man ofconviction and inspiration, was uniqueamong the UBLaw faculty. Copyright 1992. TheQpiniQn,SßA. Anyreproductionofmaterialshereinisstrictly prohibited withoutthe express consentofthe Editors. The Opinion ispublished every two weeks during the Fall and Spring semesters. It is the student newspaper ofthe State Law. University ofNew York at Buffalo School of The views expressedin this paperare not necessarily those oftheEditors or StaffofThe Opinion. The Opinion is a non-profit organization, thirdclass postage entered at Buffalo, NY. Editorial policy ofThe Opinion is determined by the Editors. TheOpinion is funded by the SBA from Student Law Fees. The Opinion welcomesletters to the editorbut reserves theright toedit for length and libelous content. Letters longer than three typed double spaced pages will be edited forlength. Please do not put anything youwishprinted under ouroffice door. Submissions canbesent viaCampusorUnitedStatesMailto TheOpinion. SI TNYAB A mherstPampiK 724 JohnLordO'Brian Hall, Buffalo, New York 14260 or placed in law school mailboxes 443 or 512. Deadlines for the semesterare theFriday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board ofThe Opinion. Career Development Office TheCareer Development Office(CDO) ofUB Law will be presenting several workshops for students interested in gainful employment. Considering the present climateof the legal profession it is recommended that students begin preparing for employment as soon as theircognitive motor skillsrecognize that legal education, in a formal sense, has a , terminus. Room3o9ofO BrianHallbecomes thehub ofinformation during jobsearchesand oncampus interviews, hi thisdocument choked office the legal minds of UB Law are introduced to the world oflegal interviews. To meet the student needs, CDO regularly publishes a newsletter for UB students wherejobsand various educationalopportunities are described in pithy statements enticing students whoareinterested in further information. OnWednesday, January 29 at 3:30 pm, twoUßalumswilldiscusswhat 1L'scandoto make theirlegal education atime ofexpanding *'credentials, competencies and credibilities." Students applaud this move by CDO to make the UBLaw degree carry a measure of applicability in the employment environment. Audrey Koscielniak, Director of the CDO, states,' This clearly is not an effort to make UB a trade school. I consider legal education a graduate degree in liberal arts. But, in this job market networking isplayinga 4 The Opinion heightenedrole. You can't be just a resume, youhave to beaknown face and a name to the employer." Ms. Koscielniak and Dawn Skopinski.,aided by several law students, providethe jobsearch services for the entire law school. CDO has an extensive library ofjob listings and plays a key role in plugging students into a network viathe Buffalo Alumni MentorProgram (BAMP). Students interested in certain geographic areas (currently Washington, D.C., NYC, andAlbany) can contact UB grads to obtain detailedinformation ofthe region and specific legal positions. CDO generally writesaletterofintroductionforthe student Students are encouraged to useCDO to sharpen theirinterviewing skills and toreview resumes in the resume wokrshops. Ms. Koscielniak advises students to bring a draft resume whenconsulting her,putting as much information aspossible onto paper. "I want the students to have thought about themselves before coming to me. Long resumes are better forthese sessions because Icannot divine what is missing. It's better to state too much than leave some facet unsaid," explained Ms. Koscielniak. , Stressing the importance ofthe interview, Ms. Koscielniak wants students to "get into theemployer's head. The employerwants to know 'Why You? Why should I hire you? Convince me.'" January 21,1992 THE OPINION MAILBOX To the Editor: Professor Kenyattawas an inspiration to me. Healwayswillbe. In themany discussions we had about politics, law, public service, racism, the first amendment, etc., what impressed me about him was his simplicity, hisability to listen, his ability to teach. Itis because ofhim that I'm dedicated to serve the poor, or, as he would say, thosewho have been systematically and legally displacedoftheirhuman quality. I workwilh farm workers inwestTexasandsouthern New Mexico. He told me when I startedthisjob that it was my obligation to bring about the truth oftheir exploitation. That was the core ofProfessor Kenyatta's existence: to tell thetruth. ProfessorKenyatta woulddiscuss withmethestruggleshewentthrough in the 19605. All oftheabusecommitted against him, allofthe fear people had ofhim. But hecon firmed to me overand overagain what JamesBaldwinonce said ofpeople who areafraidofthe truth. Baldwin said that "there isnotaracistalivewhoisnotaliarandacoward, theproofbeing that they imagine reality to be at the mercy oftheirwill - or, rather, oftheir terror.'' That is why Professor Kenyatta always listened. He did not wantto change people's position on a certainissue by showering them withinformation and data. No. He listened to people who eventually had to listen to themselves. Hechanneled you in the right direction. You rarely findthosequalitiesinacollege instructor, muchless alaw professor. Searching and finding the truthand exposing it wasProfessor Kenyatta's forte. Healso required that your persevere. Hislong struggle withthe FBI is atestamentto his courage and hisdesire to expose afederal agency thatperpetuatedlies and misinformation. I dealwithfederal agencies such as the Border Patrol and the Immigration & Naturalization Service. These agenciesmay performtheir duties differentlyon the northern borders,but downhere inEl Paso, Texas, theyare the agents ofabuse and oppression. They arrest, assault or kill innocent people ofcolor all the time, not necessarily in that order. I talked to Professor Kenyatta about this situationhereand headvised me to exposethem. Hetold me not to sensationalize the incidents becausethe truth would beenough. I will miss Professor Kenyatta. His sense of humor and his no-nonsense approach to teaching will beremembered. Hiswayofsaying to you "Iknowwhatyoumean," was unique and encouraging. Martin A. Sanchez Rojas Classofl99o The Pain I Feel... the Hope I Have by W.F. Trezevant, Staff Writer Itisthe pain I feel knowing thata good friend who once walked in front now can no longerwalk at all. It isthe pain I feel realizing that one who has been so much a part ofmy daily decisionsis now preserved only in my memory andrecollections. It is the pain I feel understanding that thegoodnessand beauty of being human walks hand in hand with the frailty ofbeing vulnerable. Some have attested to Muhammad I. Kenyatta' sgreatness because ofthis action or that decision,and I suspect they will continue to. Others willattest to his greatness because ofthe style, gentlenessand charisma whichhe possessed. I however believe that it is his humanness which is the greatest loss. It was his ability to say "I Love You,"; It washisability tosay "I waswrong,". Itwas also his ability to say "I care particularly at times when seemingly no one else did. The pain I feel stems from the absence of this influence inmylifeas wellas the livesofthose around me. Thus Muhammad's death is a tragedyas tragedyonlyhappens when one tries to live well. But, by the same token, it is the hope I haveknowing that at leastfor a timemy good friend walkedproudly in front showing myself and others the way. It is the hope I have realizing thatthe memoriesandrecollections that I possess ofMuhammad have added immeasurably to my sense of historical consciousness andobligation so as to make today's decisions even in hisabsence that much clearer and easier. It isthe hope I have understanding that the frailty ofbeing vulnerable holdsforth the opportunity to make oflife, both individually and collectively, the pagaentry that it is and should be. For in all my experience, there has beenno period so briefthathas meant somuch in my education for life as the four months I spent listening to and talking with Muhammad and Mary. I learned not a particular position nor an immovable idealogy, butrather adepth and quality ofexperience thatislived and felt; arecognitionofwhatistruly meaningful. No onecanreplaceMuhammadl.Kenyattaforhe was somuch to so many forthe time thathewas withus. I offerthese words in closing: Kenyatta, MyFriend Through these empty halls I walk Only memories ofmoments and times wetalked Of this issue, that question, life and law Remembering all the new things that I saw. I will miss and cherish the time we'd spend. Ofyour life and being you'd freelylend To meand others if for onlya while Yet done with such caring and gentle style. Kenyatta, X and King I will sing For all thatyou three did bring A leader, a man, and my good friend Fondnessand Love to you do I send. Yes I realize now the importance ofmy past And yes with strength, love and luck this too will last Showing they were me AndI they Maybe Perhaps No, I'm certain I will one day See you again to walk and talk. OfLife and Law and otherinteresting thoughts Take Care For I will do my best. W.F. Trezevant January 1992. Next Opinion issue: February 3,1992 Articles Deadline: Friday, January 30th Special Valentine's Day Issue: February 12, 1992 Get your Love Messages in by the I Oth �One Man's OPINION Features Editor by DARRYL McPHERSON Perhaps you've noticedthe newheading for the column. A fter various problems with the old one, I've relented and come up with something else. Hopefully whatever confusion that wasassociated withthe old title will fadeaway. I'm sure the meaning of ONE MAN'SOPINIONiscIear. Upon discussing the new title separately with friends, the firstreaction from two ofthemwasthesame: "Shouldn'tthatbeONE PERSON'SOPINION?" Idon'tknow whether the two, both males, were kidding when they made the point, but it strikes me that the woman I discussed it with didn't make the distinction, and actually liked it. Probably because the guys, as straight whitemales, are the primary targets of the politically correct (PC) movement, they are particularly sensitive to where the turn ofa phrase can become a conversational firestorm. My defenseofusing "MAN" inthe title is simple. I'm a man. My perspective will always be that of a man, and will invariably bring whateverbiasesthatgenerates. Ibelieve the vast span ofhuman intellect can allow a person, either male or female, to sympathize withthe plight ofanother ethnic, gender, or social group.That empathy may not beperfect, but people are not perfect, and perfect understanding shouldn'tbeexpected. My entry into law schoolwas my introductionto PCideology. Atfirst, Ithoughtit was reasonable for the most part. I can see the potential offense using "man" universally, andcallingwomen"girls." However,there can be some confusion. Sometimes I get the sense that a woman can never be a girl. " Did you hear? Lindaj ust gave birth to alO pound babywoman." Atthesametime.somewomen don't careabout the girl/woman differentia- tion at all. Suddenly, PC philosophy isn't a doctrine to beapplied broadly, but instead it dependsonwho you're dealingwithatthe time. It followed that people were being identifiedby their ethnic background: AfricanAmericans, Italian-Americans, and so on. Whilethere's nothing inherently wrong with theconnection to one's cultural heritage, there is apresumption thatthe designation matters. I've always envisioned America as the place where one's home country didn't matter. Whether someone's grandfather was born in Ireland, China, or Spain doesn't change the rights and privileges dueto themas American citizens. Political correctness also extends beyond gender and culture lines, and seeks to rectify society's ills by creating somekind of even playing field for all creation. I can be inconsiderate at times, but I can also berelatively sensitive to the plight ofothers. That doesn't necessarily include animals. Like abortion, animal testing puts two moral imperatives directlyagainsteach other. Anyone can take whatever side they like, but I know I wouldn't want tobe the person to explain to a parent thatThumper's inalienable rights are more important than theirdyingchild. The idea that rats should be captured alive andreleased, at least to me, borders onthe ridiculous. Ifltoldmymotherarathadaright to life, she'd think I'm crazy. PC philosophy can easily go too far, and apply to every aspect ofhuman existence. A dog or cat is now a companion, sincethe word "pet" is demeaning Though itis easy to laugh, thereare people whotakethese concepts very seriously,andthe consequences ofthat fact are chilling. TheFirst Amendment is eithercircum- . I Love Blurbs! | inThe Opinion's specialValentines Day issue. Express those burning, churning yearnings from your heart, or any other passionate regions. (As editors, wereserve the right to edit for boringprose orstudent apathy.) Write your Love ditty hereand place it in Box 443 or 512 and watch for it in theFebruary 12thOpinion Valentine's Day issue. vented or ignored, and politically incorrect speech is being suppressed,especially on college campuses. Anyone who questions a PC position is eitheraracist, a sexist, orsomekind ofsocially unacceptable bigot. Any member ofasupposedlyoppressedorvictimized group who disagrees with thePC sentiments is dismissed as eitherignorant oftheir own oppression, orbrainwashed by the dominantculture. Onlyrational thought agrees withthe PCphilosophy, andanything else isdistortedmindjunk carried over from centuries past. One can't evenmakeajoke forfearoflitigationfollowing soonafter. Danger arises when these ideas start creeping into the law. Legislation has been introduced to prevent lookism, which is discriminationbased onappearance. Whilethe goalisfacially attractive (badpun, butI couldn't resist), it is too subjective to effectively enforce and threatens to crowd ourcourts with even more useless lawsuits. I also heard that someplace is trying to grant dolphinscitizen- ship. Truth is also becoming a casualty. A movement has started to change Columbus Day to Indigenous People' sDay to somehow make up for thefact that apopulated territory , cannotbe discovered. It snowirrelevantthat Columbus' "discovery" was the catalyst whichled to the America that we know today. Despite the typeofperson Columbus may have been, it cannotbedenied thathe wasthedriving force thatchanged the world. The desire to create a "user-friendly country for all ofits citizens is an admirable, but unattainable goal. I tried to write this article as PC as possible, but I'm sure there are still parts orwords someone would object to. I don't intend to offend anyone, and the intent behind thewords should bethe mostimportant thing. Ourlanguage,liketheAmericanculture, has developed overa long and sometimes ugly history. We shouldn't gloss over what has made us what we are, and should instead endeavor toremember. mrfmmt Trials Tribulations and January 21,1992 The Opinion 5 �From the Desk MANDATORY STUDENT FEEWAIVER FORMS Available in Rm 101 O'Brian Hall, Deadline: Friday, Feb. 7,1992 GUIDELINES AND PROCEDURES of the President by Brian P. Madrazo Welcome Back On behalf ofthe SBA I would like to welcomeeveryoneback from thewinterbreak. Already numerous thingsare happening in the law school. SBA Party OnThursday, January 23,SBA ishosting aWelcome Back Party at Mulligan's onHertel Avenue from 9:00 p.m. midnight. Three dollars gets you beerand food and some great dancemusic. Last September, approximately 200 law studentslaunched ourfall semesterat Mulligan's, so look for signs and directions posted inthe mailroomand on the SBA door. Hope to see you all there. Moving 0n... - Mandatory Student Fee Waiver As noted in a separate article, all applications foramandatory student feewaiverare duetotheSßAby February 7,1992. ApplicationsareonthedooroftheSßA. Moving 0n... ThirdYear DirectorElections Angela Gott,thirdyeardirector, willbe graduating in February, therefore we must fill her spot. Petitions are dueby January 30,and elections are February 4 and 5 in front ofthe Law Library. All third years are eligible. I would like to thank Angela for her timeand dedication duringher tenure as an SBA Class Director. Her enthusiasm and compassion for her fellow law students made her a valued memberoftheBoard. GoodLuck on theBar! Movingon... already set. They willbeheldMarch2sand26. This position isauniversity widepositionand can be very influential. Two years ago a law student waselectedand there isnoreason that we cannot put alaw student onto the council. I urgeany student whois contemplating running to dropby the office to find out what you need to do. Movingon... Recreation & Intramural Nope, this issue will not die. The raw figures areback from the survey conductedby the University on the usage ofAlumni Arena and ClarkGym. Theraw figures statethatlaw students usage of the facilities is approximately 3.5%. What this means in terms ofhow manyactual law students usethe gymsis not clear until I get a chance to review the data sheets. Aspromised,theSßAwillbeconductingatown forum onthis issue in February to get your feedback. As always, I ask forany feedback between now and then to be in writing. Unlike Data in "Star Trek the Next Generation," I do not retain every singlething I hear on any given day, stopping me in the hall between classes doesn't always guarantee I willremember it the next day. Moving 0n... Recap of the Last Month of Last Semester Study,eat, study eat study sleepstudy. watch approximately 24 hrs ofcomedy onthe ComedyNetwork. Seriously, December sawtheawarding ofthefirst everSBA Award for Excellence in Teaching to Professors Girthand DelCottoand the honoring ofProfessor Hyman for his exBudget Hearings traordinarycareerattheLawSchool. TheSBA The SBA isfinalizing theBudget Schedhosted an awardreception on Thursday, Deuleand willpost itby February 7. However,it cembers,l992 attendedby overonehundred is never too early to start thinking about what students, faculty and staff. Wine was served yourgroupplans torequest, hithe next issue of and relaxed one last time before everyone The Opinion detailedinformation will be profinals hit. vided. Inthe meantime, please feel freeto drop December also saw the reintroduction by theofficeandaskquestions. Movingon... ofthe Law School Directory. Kudos to Phi Executive Officer Elections Alpha Delta for putting together the directory Before youknow it March will be upon at no cost to either students or SBA. I enjoyed usand another election campaign will begin. workingwithBillTrezevant. glorious leader of The next issue ofThe Opinion will contain the PAD, and I hopethatthe directory becomes a entire election schedule. In the meantime if tradition here at thelaw school. Movingon... youare thinkingofrunning feel freeto dropby Finally, SBAmeetingsarenotsetforthe the office ifyouhave any questions,moving semester. We will be meeting on Thursday 0n... January 23,1992 at 6:45 to set the meeting University Council Elections schedule for the semester. Asalways all are Thisposition, currently heldby a graduwclcomesolhopetoseeyouthere. Knot stop ate student, isthelone student position on the by theoffice, dropanoteinmybox,orevenstop University Council. Whiletheelectioncalenme in the halls! daris notcomplete, thedates ofthe electionare Until next time. 1.) Themandatory student fee is payable byall enrolled studentsatSUNYAßLaw School. It is the-policy ofthe Student Bar Association to grant waivers to those students whocan demonstrate that payment ofthefee will create unduefinancial hardship. Applications will be reviewed on an individual basis. There is no minimum or maximum numberofwaivers which will be granted. 2.) The guidelines for granting a fee waiverare limited toextreme financial hardship. Applicants are urged to stress those uniquefinancial problems whichdistinguish them from the problems experienced by the typical law student. Applications are held in complete confidence. Only members ofthe Executive Committee will have access to the file. 3.) Applications will bereviewed by the SBA Executive Committee. Appeals from the SBA decision will be heard by the President and Treasurer ofthe SBAand Dr. JamesGruber.DirectorofStudentAffairs. In the eventyouare denieda waiverand wish to appeal you will be given appropriate procedural details. 4.) Applicants are requested to complete theforms whichmustbe turned intothe SBA officeno later thanFebruary 7. Please place yourapplication in a sealed envelope. 5.) Waivers will be granted if the student is eligible lor financial aid, loans, or grants for educationand is unable to pay thefee without incurring a debt that would hinder further study. In other words, theratio of income to expenses is considered in the determination offinancial hardship. 6.) No student will be granted a fee waiveronthebasisofnon-parlicipationinany SBA sponsored activity,program, orevent. 7.) Noexpenseforacarshallbeconsidered legitimate unless the car is necessary for transportation to and from work or school. 8.) No lee waiver shallbe granted on the basis ofundue financial hardship unless the studenthas made an application to the Office of Financial Aid for assistance. 9.) Please typeorprintneatly. Special attention will be paid to question #11- "Reasons for WaiverRequest". You may attach additional sheetsifyouwish inorderto answer any ofthe questions. Please be sure to number them accordingly. N.B. All applicants must make sure that all information is complete and accurate. If requested, youmust bring copiesoftheappropriate documents to substantiate their claim. Failure to fillin any section oftheapplication, orintentionallyoffering false information will automatically disqualify the application. SBACommittees Ithas come tothattime ofthe yearwhen the SBAmakes appointments to thefollowing committees: BudgetCommittee-SBA 1992; Commencement 1992;Orientation 1992. Applications will beavailable on the doorofthe SBAoffice on Wednesday, January 22,1992. They will be due back in the SBA office by Wednesday, February sth, 1992at 4:00p.m. A briefdescription ofthe position follows: Budget Committee Members of this committee work on putting togetheraproposedbudgetfortheSßA forFiscalyear 1992-1993. Thejobentailsquite abit ofwork in late Marchand earlyApril as you will be expected to review the budget proposalsofallthe groupsand hear testimony duringthe budget hearings. If youare consideringapplying, the SBA strongly urgesyou to drop bythe officefor morecomplete information. Persons with budgetary experience are especially asked to consider thisposition. Commencement Committee Class of 1992 This committee works on the commencement events during seniorweek. You will have asmallbudget to work withand itis an opportunity to ensure that yourcommencement isa memorable occasion. Orientation-August 1992 It seems mighty early to talk about orientation giventhatitis January. However, in order to ensureawell planned orientation it is best notto wait until exam time. Peoplewho will be in Buffalo over the summer are especially encouraged to apply. The committee will normally havea smallbudget. It isa great opportunity to meet the incoming first years and help them become apart of(he law school. Commencement Speakers Committee Class of 1993 - It may sound too early to talkabout this committee but those in theknow in theadministrationassure the SBA that in order to attract the best possible speaker it is advisable to begin as soon as possible. Contacts are especially useful tor this committeeas isa willing nessto talk withyourclassmates about whom they wish to share the occasion of(heir graduation. ThirdYear Director Elections: Attention all 3L's The SBA isformally announcing thevacancy ofone thirdyear classdirector position. Afterayearand ahalfofdedicated service to the student body ofÜB's Law School third year director Angela Marie Gottis graduating and can no longer be a class director according to the Constitution ofthe StudentBar Association. The deadlinesare as follows. Petitions are available outside the SBA office, room 101 O'Brian Hall. They are dueback in the SBA officeno later than Thursday, January 30, 1992at 4:00 p.m. Inordertobeontheballotyoumustturnyourpetition. Write in votes willbe accepted. Elections willbeheld in front oftheLaw Library from9:ooa.m. to 4:00p.m. Tuesday, February 4thand Wednesday, February sth. Although itis thelast semesterofyourlaw school career and you may not want to take onanotherresponsibility, the SBA encouragesallthirdyears to consider becomingacandidate. The SBA will be formulating itsbudget very shortlyand every votecounts. Drop by the office ifyou have any questions. INVEST IN YOUR FUTURE Become a Law Student Member of the New York State Bar Association For more information contact: igfl "s" TheQpinion 6 January 21,1992 new YORK STATE BAR association Membership Services Department One Elk Street, Albany, New York 12207 Phone: (518) 463-3200 FAX: (518) 487-5579 �Commentary: Blum's Basis for Litigation by Jeffrey M. Blunt As legal battles in federal courtand the state court ofclaims intensify I find myself experiencing a type ofrighteous anger that leads me to want to explain why these battles are being fought. The most basic reason for me isatypeofraweconomic necessity. My career as a law professor is on the verge of beingdestroyed. It was nearly sevenyearsago that I received three offers to go into law teaching, one promising me tenure in two years. I came to Buffalo instead because itthen had areputation (already outdated)asaserious place devoted to fostering intellectualinnovation. Uponarriving I slowlylearned how this faculty had devolved intoakindofprimordial pack organizatii >n with JackSchlegel working hard (and at times cunningly) to sustain his position as pack leader. The fact thatI had a sociology doctorate as well asalaw degreeand had published a book made me a target for undercutting. The fact that I developed a serious interest in liberal constitutionalism and began to use the concept "the Rule of Law " put me on the enemies listfor Jackand Alan Freeman. After one particularly nasty roundofundercuttinglconsidered leaving. But I foolishly accepted the reassurances ofTom Headrick and others that this wasa serious place that in the end wouldabide by the rules ofacademic disciplines. I have been bitterly disappointed. Because law isanunderdeveloped academic discipline with most faculty not being orientedtoward scholarship, a tenure denialat a middle rank school is often fatal to one's career even ifone has top scholars willing to champion one'scause. One'svulnerability is greatest if onecomes from a school, like this one, whichhas no objective measuresofteachingabilityand includes influential faculty who are spiteful and eager to sabotage. One ofthe things thatled me to filesuitwaslearning that Jack Schlegel had been telling influential colleagues at higher rank schools that I was "crazy" and "viewed as crazy by my colleagues." Anotherwastheexperienceoffirst informingDean Filvaroffofthe strongsupport my work wouldreceive fromdisciplinaryleaders, and then within days having a surprise meetingcalled where I was toldmy work was so weak I would not have anyrealistic chance ofreceiving a favorable vote. Not a very auspicious basisfor launching ajob search. So I fightfirstand foremost because I am cornered. But curiously, the ghastly experienceofbeing one ofJack'sand Alan's targets has caused meto inherit theplatform ofchampioning various forms ofidealism, some of whichI previouslyhad no intentionofadvocating. Now these, too, Upholding the Integrity of Law A law faculty that does not recognize the value oflawand perceives itselfto beabovethe law in its internal affairs is intrinsically incompetent to teach law. But what is one to makcof a law schooldeanwho makes contractual promises, breaks them after they have been relied upon,and thenwarnsthe promisee that everyonewill gang upon himifhetries to assert his rights? Surely this is Schlegel's "death of contracts" come to life with a vengeance. What does it mean when one discovers thattilesand evaluations have been rigged, only to then be told that the damage done wasnot serious, but that it could become serious ifthe irregularities wereprotested or disclosed? What is one to make ofa wilfully fraudulent evaluation that is subsequentlyadmitted tohavebeen false, and is thendefended withthe statement "tenure islike amarriage" (i.e., wecan beasarbitrary as weplease) and withwarnings that try ing toassert one'srights in court is futile because an individual can always belaid low byawarofattrition fought at taxpayers' expense? What is one to make of the attorney general's ofiice-the same onewhich helped make our law school an object of national ridicule by preventing faculty fromamending itsnow infamous " Faculty Statement onIntol- erance?" What isonelomakcoflhc Assistant Attorney General who makes pointless motions pertaining to technicalities of a very understandable complaint, all the while sayingthathehasother future motions, thecontent of which he refuses to disclose, even at the judge'srequest? Is not the transparent purpose of this exhaustion and delay? When four months have passed with no answer to the complaint, onlyan assistant attorney general pretending not to understand it (even though lawstudentsand some undergraduates can), is there not some tacit admission ofculpability here? What is one to make ofthis same attorney who viciously libelsaplaintiffprofessor in hisschool's newspaper, clearly implying that he is incompetent in his main teaching area because ofa single(and quitejustifiable-see excerpts from letters to Peter Sullivan, Esq.) technically incorrect listing in the caption of acomplaint? Is not the combined messageof the motions and the libel: "judge, weare the state; we can get away with anything against this guy."? There isa pattern in all this. It is one of adversarialism for its own sake and of law being lost in the balance. Sustaining Freedom of Speech Regardless ofwhatis stated in Supreme Court opinions, freedom of speech is only secure whenpeoplehave the courage to exercise it. In every period thereare certainareas ofpolarized hostility where ignorance and prejudice coalesce to demand vengeful policies thatmasqueradeas protection of general well-beingand ourway oflife. At such times it often becomes disreputable to speak the truthpubliclyand to challenge prevailing hysteria. But thatis partly why we have professors-highlyeducated individualswhoarefreed from the stultifying effects of corporate and bureaucratic hierarchies, protected by doctrines ofacademic freedom and giventhetime to research, write and teach. If we cast aside these doctrines and place faculty'sjobsatrisk when they speak out oncontroversial issuesorchallengeprevailing orthodoxies, then weas a people face a grave risk. Werun the risk ofour society becoming disastrouslyandinterminably stupid in these policy areas, for lack ofindividuals whoare both willing and able to tell the truth. In my own case there is substantial reason to believe that extraordinary forms of undercutting have been allowed (or perhaps even solicited) by university administrators because ofundue hostility to my well-known public criticism ofthedrug warand my defense ofstudents' constitutionalrights. What I ask is that the truth ofwhat has occurred be made known, and that the principle offreedom of speech in our universities bereaffirmed. So far therehas been only silence, punctuated by the highly abusive tactics ofmy adversary in the litigation. Defending the Idea of a University My difficulties at thelaw schooldidnot beginwith my speaking out on public issues. The outspokenness came later. Difficulties arosebecause I arrived withastrongreputation for intellectual creativity and a desire to do seriousinnovative work. This desireand my attempts to pursue it unfortunately clashed withJack Schlegel'scompulsive need tomaintaindominanceoverthejuniorfaculty. Though mretrospectlwouldhavebeenwell advised to flatter him extensively and court his favor, I found it difficultto establishrapport. Hisideas were not compelling, and the more I learned aboutstudents' actual educational needs, the more Jack'sdictaabouthowto teach seemed dysfunctional. Mainly, though,the verynotion thathe should exercise dominance overexperienced scholars trying to work in areas beyond his expertise isforeign to dieidea o fa university. Writing for andreceiving recognition from Correspondence between the Parties Several students have told me that the libelous utterances madeaboutmeby opposing counsel intheNovember2s,l99l Opinionhad caused somestudents to doubt mycompetence asacivil procedureteacher and that I wouldbe well advised to respond. Accordingly, I am reprinting excerpts from my correspondence with Peter B. Sullivan, Esq., Mr. Cream's supervisor in the Attorney General's office. December6,l99l Re: Blum v. Schlegeletal..Civ. 91-0833S Blum v. Schlegel et al. Claim No. 83991 Dear Mr. Sullivan: OnNovember2s,l99l the SUN VBuffalolawSchool newspaper.TheOpinion,published the enclosed article which included highly defamatoryquotations from oneofyour assistant attorneys general, Mr. Douglas S. Cream. Statementsthat are particularly objectionable includetheone in boldtype, "Blum's inexperience in litigation is obvious from the manyerrors inhis pleading. Theclaimdoesn't meet minimum requirements ofcivilprocedure." They also include, "The Eleventh Amendment isas basicas itgets," and "Professor Blum may characterize his ignorance any way he wishes." In actuality, I have had nine years of litigation experience, including one as law clerk to the Honorable Robert L. Carter ofthe U.S. DistrictCourtfortneSouthernDistrictof New York. I havealso taughtcivilprocedure for the last seven yearsconsecutively. Sincel am currently trying to salvage my academic careerfrom theravages described in my complaint, Mr. Cream's statements alleging incompetence inoneof my mainteaching areas areextremely damaging. Theirdemoralizing effect on my civil procedure students was palpable during ourlast two class meetings. Mr. Creamknows very well that I am awareof stategovernments' EleventhAmend- mentimmunity from suit infederal court, and thatthisis why an action wasfiled in the state Court ofClaimsas well as in the federal court for the Western District ofNew York. Mr. Creamalso knows that I deliberately left the initialcaptions ofthe two cases identical in order to assist both courts in arranging an appropriate coordination ofthe two actions... Mr. Cream's comments were a' 'cheap shot at best and constitute actionable defamation as well. Decembers, 1991 [after receiving Peter Sullivan's response which asserted that I had said things about defendantseven more damagingthanwhat Mr. Cream had saidabout me] my publicizing defendants' apparent misconduct-some ofit pretty much proven fact,someofitacknowledgedtobeonly reasonable suspicions basedon evidence-isa far cry fromMr.CreanVsattempt to portray me as an incompetent civil procedure teacher based on my having named New York State as a defendant inthe caption ofthe federal complaint,thereby allegedly showing ignorance of the Eleventh Amendment which, in Mr. Cream's words, "isas basicas it gets.'' There isactually agood civil procedure reason forwhat Mr. Cream professes to believe isa simple error. Onething nearlyall judges dislikeisunnecessary duplkativefilingofthe same casein two ormore courts. Ifthereisa bona tidejurisdictionalreason for duplkative filing, as there certainly is in my case, then courtswantto know aboutitimmediately and they expect the partiestocooperate in helping the two judges correctly apportion responsibilities between them. Typically this is done by staying oneoftheactions, butit canalso be doneby parcelling out different facetsofthe case. ... leaders ofthe national discipline, m>l (be most peevish and self-absorbed o flocal part isans, is what academic professionalism ought to be about. So it was with a sense of shock and sadness that I heard from Jackhow positive letters from recognized leaders ofthe national discipline wouId makeno difference in theUB law faculty's tenure deliberations It bothered mea great dealthat hefelt his opinion should beparamount, and that itwasonly two outside colleagues (both friendsofhis)whoseopinions matteredfor anything. This university should be striving for excellence and nationalrecognition forall its faculty. It should not berunbyanetworkofokl cronies who believe in sacrificing the talent and capacities of junior faculty in order to flatterpolitically connected seniorcolleagues whose self-esteem depends heavily on their having thepreroganveofdominating and abusing those whohavenotbeenhereas long as they have. Attempting to Meet the Vocational Needs ofStudents When I arrived sixand a halfyears ago I, like most ofthe full-time law faculty, had relatively little concern with students' core vocational needs. Gradually I came to be persuaded by theirplightas I learnedofdifferent courses where the professors refused to teach the course subject matter (e.g., Jack Schlegel withcontractsand corporations). My greatest contribution toward preparing students to belawyers wasprobably intheareaof legalresearch, writingand analysis. I had been trained in therunning ofsuchprogramsand had been an instructor at both Harvard and New York University law schools. As supervisor ofresearch and writing courses forone-thirdoftheBuffalo students, 1 designed a program of superior quality that consistently resulted in that section having disproportionate numbers ofstudents placed onthelawreview. This, however, seemed not to matterat all to thefaculty, whichapparently haslittlecomprehensionofeachother'steaching effectiveness, littledesire to developreliable measures of it, and (as far as I can tell) little concern withthe vocational imperatives faced by students. Mainly they have been willing to be led by Jack Schlegel. Because Jack' s primary concern wasto prevent me from getting tenure, neither my expertiseasanoverseer ofresearchand writing programsnorthe students' veryreal need toran effective program counted for anything. Because I was the one facultymemberwilling andable to takeover supervision ofthe writing program,achangewasintheoffing. Thelegal research and writingprogram wasabolished with nothing to take its place. Initially Jack propoundedthe ideaofhavingasham program, officially taught by faculty who in actuality would do "zippo." The justification for this was that budgetary constraints made it impossible to have teaching assistants. Eventually a new associate dean took office, assessed the emerging disaster and arranged forfaculty teachingwritingseminars tobe giventeaching assistants, soatleast there would be some correcting ofstudents' work. Nevertheless, thenew program hashad virtually no curricularplanning to dateand intelligentstudent proposalsforaresearch and writing committee to oversee the program were rejected because the emphasis has been on , quieting students fears withoutmaking individualfaculty do any work beyondwhat they wouldlike to do. For thefust timein decades, the second semester begins with first-year students having developed none ofthe constituent skills needed to produce writing samples on which summer employment depends. Faculty continue to be stubbornly unwilling to participate in discussions about what a good research and writing program should cover. I find myself being a lonely, forlorn spokesperson tor thebasic corerequirements oflegal education which I used to assume could simply be taken forgranted. In a strange way, this, 100, ispart ofwhy I litigate. January 21,1992 The Opinion 7 �[ New York Bar Review Course Summer 1991 Enrollments BEss^^B|HH|H£ijltn| Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1992-01-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/21/1992 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3c99a61689fc8f255e6b0cd295078f7b.pdf d54f4457146b03a04fc2a233f0c48afa PDF Text Text THE OPINION Volume 32 No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 25,1991 Pozner calls for economic aid to Russians by Jolin B. Licata, Editor-in-Chief OnNovember2o,l99l VladimirPozner addressed an audience at Alumni Arenaonthe present situation in Russia and the ramifications ofthe failed coup this past August. Mr. Pozner, chiefpolitical observerfor the Soviet Union, has a name recognition level that cuts across numerous social distinctions sinceheis seenon various news programs and co-hosts "Space Bridge with Phil Donahue, seen in theUnited States on WOR-TV. Mr. Poznergavehispersonalreaction to the coup at the beginning ofhis discussion. "Those ofusthat had supported Perestroika weredead. Ihadno doubtthe coup wouldlast a number ofyears. [The coup leaders] had the army, the KGB, the Communist Party, and the police. This is the equivalent ofhaving four aces and the joker in a game ofpoker.'' The leaders of the coup were all appointed by VladimirPozner provides insights on thefailea'Russian CoupofAugust 19,1991. Photo: Michaelßadjavitch Soviet President Mikhail Gorbachev so they discontent withGorbachev. understood the importance ofplaying to the Analyzing why the coup failed Pozner fears ofthe people. Shortages in the Soviet cited the surprising behavior by the 70,000 Union had been common, but wererelated to Muscoviteswho surrounded the Russian Parby the people inthe scope o falarger effort for liament, or the White House of Russia, to the children and a better society. ' 'They felt protectBoris Yeltsin from the army. ' 'Never they were working toward something up until inthehistory ofthe Soviet Union hadthe people the day the dream was shattered." That day stood up to power. Never. Theleaders ofthe coup couldn't imagine itwouldhappen.'' The was notthe coup, but when Gorbachev advocatedcooperative ownership ofproperty which principal contributionto this rampant spirit of was in directcontradiction to the central tenet democracy was Gorbachev's hapless ofMarxist philosophy regarding the evils of Perestroika movement. Pozner stated "In a private property. The Soviet Union had de- real sense Gorbachev can be blamed for the clined in global prestige creating disillusion coup happening and for the coup's failure. amongst the Russians who, after decades of Perestroika removed the government's sacrifice, were being told that the effort had mechanismforproviding consumer goodsbut been in vain. The sense ofpride in the USSR could not replace it with a working market haddiminished. Pozner described thefeeling economy. The shortages grew worse and the as asense that" there was atimewhen a Sov iet people became vocal in the politically active citizen couldbe proud. Don' tlike me, but you atmosphere. More freedom and less goods. have to respect me. All the world was the The coup leaders essentially looked at the enemy and ,the Soviet had to be tough. What wrong side ofthe equation. Pozner compared happened? ' The security ofthe Soviet citizen the five years of freedom, including a multiin aright to education, employment and penparty system and elections, to the taste of sion were wiped away during the economic chocolate thatcould not easily betaken away spasmsofPerestroika. The population seemed from the people. In the end, itwas thecourageous gesture ripe for new leadership in an old direction. ' 'The shadow economy came into the open ofthe70,000 people, in acity ofover9 million, underGorbachev and theSoy ietswere hitin the that decidedthefate ofthe coup.' 'Iremember face withreality. It was supposed to be good theday thecoupended. Ithadbeen arainy week for Joe Six-Pack,orshouldl say Ivan Six-Pack, and that day the sun came out. What a day! who found he didn't have a six-pack," said Everybody was smiling. Peoplethought, Now Pozner in an attempt to outline the seeds of Pozner, continued on page 10 BPILP Announces Legal Services Internships in Rochester The Buffalo Public Interest Law ProAssociate DeanAlan Carrel, who coordinated gram, withfunding support fromthelawschool' s thealumni involvement. '' This initiative is a alumni, recently announced the start ofanew giant step in this direction, giving students the project withlegal serviceagencies justanhour opportunity to work at some ofthe mosthighly down the Thruway. This new initiative, the respected legal services organizations in the state. It also givesUB law studentsthechance Rochester Internship Program, willpay studentsamodest stipend to work on legalprojects to shine." Four agencies in Rochester are particiat various criminal and civil legal service agencies serving Monroe County. pating in thispilotphaseof theproject. Onthe In announcing thisinitiative, BPILP Co- civil side,theagencies are theMonroe County Director JillBarr said the members ofBPILP Legal Assistance Corporation, VolunteerLerecognized the value ofthisproject.''There is galServices Project, and Farmworkers' Legal as great a need for legal assistance for thepoor Services ofNew York. In addition, on the in Rochester as anywhere else in New York criminal side, BPILP willbeworking with the State," shesaid. "We have a number of stu- MonroeCounty Public Defender. BPILP will make funding available for dentswhoarefrom the[Rochester] areaand/or who wouldlike to work withthese agencies to up to three projects at the civil legal services address these needs." Barr cited the 1990 organizations. These projects will take apLegal Services Corporationreport which re- proximately 15-20hours to completeand will vealed that 8 6 percent ofthe poorin New York involve suchtasks asresearch, case preparaState who are in need of legal assistance tion, trial support, development of training cannotget it. Approximately tenpercent ofUB materials, and the like. law graduates who stay inNew York Statelive Funding for two projects with thePublic in Rochester. Defender willbe available forstudents to work " UBlaw schooland theRochester legal oncriminal appeals. The students selectedfor community shouldhave stronger ties," said HIGHLIGHTS Anne Adams, Female Faculty Letter on Faculty Prosecutor... Research & Writing... Changes... Recreational Facilities Survey... page 3 page 9 page 11 page 12 these projects will be able to work with an attorney to fully review and research the appeal of a criminal case in Rochester. This project is expected to consume at least 200 hours ofa student's time. FromTuesday, November26, through Friday, December 6, students will be able to review the project proposals and submit a simple application to work on any ofthem. Students only need to submit a resume and writing sample, along with a cover letter. Because ofthe relatively short nature ofthe projects, itis anticipated that the opportunities , will beavailable to first, second and thirdyear law students. Selected students will be notified on December 13 and will beable to begin as early as Winter Recess or the Spring. BPlLPwillseeksupportfromßochester area attorneys, law firmsand other organizations in order to continue this program and perhaps see it grow, according to BPILP Co- Director Michael Freedman. "We feel that theRochester community will be veryresponsive to our efforts at establishing stronger ties with ourlaw school,'' saidFreedman. "Itwill be a pleasure to show people the value and quality ofourlaw students.'' SBA CONSTITUTIONAL AMENDMENTS RATIFICATION REFERENDUM RESULTS On Tuesday, November 19thand Wednesday November2oth, 1991theregular membersofthe SBA voted onwhether to accept the proposed A mendments tothe Student Bar Association's Constitution ortoreject the proposedAmendments and keep thecurrent Constitution. A vote ofYESaccepted the proposed Amendments. A vote ofNOrejected the proposed Amendments and kept the current Constitution. In order to accept the proposed Amendments the regular members ofthe SBA mustratify the proposed Amendments by amajority ofthose voting. The vote was as follows: Totalnumberofvotes cast: Total numberofYES votes: TotalnumberofNOvotes: 169 140 25 Totalnumber ofVOIDED votes: 4 Therefore, theproposed Amendments passed 140to 25. The Amendments will be enacted on January 1,1992according to theprovisions ofArticleIX ofthe Constitution. The persons who counted the votes wereas follows: BrianP. Madrazo -SBA President Kate Sullivan SBA Vice-President Kristin Graham -SBA Class Director, Chair ofElection Committee NatalieLesh -Business Manager for The Opinion. - �Study with Pieper... and pass. I —n—n—n n n n ffi ■1111111 ..../ ( J JUvl/Uvv < j 'i 0 f\ 0 (\ i ii 11—n—n—n—ll w^i 0 0 i\ \ l'll'rrT Pieper New \brk—Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 | (516)747-4311 PIEPER REPS. : Trini Ross, Sabby Charles Santarpia & Kirn Smith Edward Miller c 1990 �Female Prosecutors in Male Dominated Field by JewiiferPitarresi University at Buffalo Law School alumnae Anne Adams returned to the U.B. Campus Wednesday, November 20, to speak to the Association ofWomen Law Students. Adams,al9B7graduateofU.B. Law, is inher fifth year as an Assistant District Attorney in Erie County. Forthelastyearandahalf,Adams has worked intheC.A.A.R. (Comprehensive Assault, Abuse and Rape) unit prosecuting everything from simple assault to gangrape. Adamsrecounted forthestudentsthe humble beginnings of her career as a trial attorney. After deciding to depart from her corporate law background and a future with a private firm, Adams wentto the Erie County D.A.'soffice, whereherfirst big' 'caper was adogmurdercaseintheTownofWales. While Adamsrather lightheartedly toldthetaleofthe plightof "Puddles'' the dog and herhandling ofthe case, she stressed that it was an opportunity to put a file together, apply evidentiary rules and present a case in court. After working in the towns, Adams moved to theGrand Jurybureau. Ingrandjury, whichAdams describesas a "felony screening device," evidence is presented to 23 grand jurors with only the Assistant District Attorney and the witness in theroom. The accused is allowed to testify in grand jury but the defendant's attorney cannot speak forthecli- ent or ask questions. The grand jury then decides whether there is enough evidence to indict the accused. Seven months after becoming involved in grandjurywork,Adams wasbored of notbeing in anadversarial mode. "I startedto feel I would lose my trial skills," she said. Adams then moved to the trial part and tried cases other District Attorneys had indicted, staying there a little over a year. She then requested to go to the sex crimes unit,otherwiseknown as C.A.A.R. Due to the path her careerhas takenAdams says she' shad amyriad ofexperiences. "I'vetried everykindofcase thereis," she reflected. In addition to trying many types of cases, Adams has had an opportunity to go up against some ofthe best defense attorneys in thearea. However, shesaysshe'sdisappointed that more women don't choose to be trial attorneys, especially criminal defense attorneys. ' 'We need more women criminal defenseattorneys," sheasserted. "Weonlyhave two thatIknowofin ErieC'ountyJxe Anderson and Julie Dee. There's a real need for the feminineinfluence in criminal justice." Adams went on to ex plain herposition: "What I mean by the feminine influence is more attention to the human element. It sounds cliche, but it's true. I treat a victimas a person. Women are trained to please other people. Men aren't trained socially to do this.'' Adams' theory is that ifmorewomen became trial attorneys this style of dealing with victimsand defendants would bring more satisfaction to those involved withthe system and lessen the anger victims' groupsfeel when' 'technicalities'' do occur and defendants are acquitted or when defendantsare wrongly accused. WhileAdams says she does not like to defineherselfsolelyas a femaleprosecutor, sheadmitsthere are advantages to her gender. "Whenlcallaninvestigatororpoliceofficer, they callme back muchfaster than they call my , 6'2"maleofficemate. They think it srude not to call a lady back,'' she said. '' Police are the most sexist group ofpeople, next to criminals, andl deal withbothevery day. So, I play up to it. Milk it." Adams is quickto add though that she doesn't do so withouttrepidation. ' 'The problem is you end up playing into cliches about sexism. I call the policeon it if they're inappropriately sexist. At the same time, they 'rehelping me get myjobdone.'' Adamsalso touched onthedisadvantages ofbeing a female prosecutor, specifically one who prosecutesrape cases. "Alotof womenjurorsresist women attorneys. I especially don'tlikeyoungfemalejurorsonarape case. I bounce them," she said. Adams explained her theory on why young women don'tlike to convictonrapecases. "They like tomake thewoman accountable in some way. They don't want to think rape is like being struck by lightning. That it could happen to anybody. Ontheotherhand, [malejurors] want to protect awoman, avenge a woman;thatthey wouldnever do this.'' Describing herdisappointmentthat, at a recent luncheon withSenatorialcandidate Geraldine Ferraro, the topic was confined to women's issues,Adams rounded out her talkby touching on someofherpetpeeves withinthe criminal justicesystem. She feelsthat perhaps it's time to relax the drug laws pertaining to low-level addicts and tighten them fordealers. Michael Radjavitch Photo: FOOD DRIVE/HOMELESSTASKFORCE > byRobert Gormley (pictured above) The recent food drive to benefit the Central City Cafe (CCC), a downtown soup The drive, spearheaded by the Homeless Task Force kitchen, proved tobe ahuge (HTF), collected approximately eleven boxes and severalgrocerybags fulloffood and otherrequested items. Alsocollected,althoughunsolicited,wass6B. Themost frequently donated items includedsugar, coffee,rice, onions,napkins, paper towelsandyes. ..green peppers! The Homeless Task Force wishesto thank everyone who generously contributed food, money ortime in order to assist a soup kitchen which struggles on a daily basis to provide meals to almost three hundred people. Special thanks are in orderfor theLesbian and Gay Law Students Organization(LGLSO), the Federalist Society and theInternationalLaw Society (ILS). LGLSO donated $25 for the purchase ofcoffee and green peppers; ILS contributed several boxes ofcondiment items; and theFeds provided the transportation which delivered the goods, as well as people to sit at the table. Theneed at the Central City Cafeis ongoing andany future contributionsmay be brought to the BPILP office, wherea box will bekept forthatpurpose. success. '' Whenyou get ahand-to-hand pur- chase, there are no evidentiary questions. Usually, this 18-year-oldkid is ruined for life. We're statutorily confined and there is no discretion," she said. Adams finds the situationtroublesome. "Ithinkverycarefullyabout sending someone to state prison. It's not something I takelightly. You're pretty much shuttingthe dooronthisperson forlife. He will be sodomized, in this day and age exposed to AIDS, and probably not rehabilitated,'' she continued.' 'But, the way I sleep at night is I look at the littlekid who is [avictim]. The way I justify it is the alternative (acriminal on the streets) is unacceptable.'' Another issue Adams feels strongly about is theassigned counsel system for felonies. There is a voluntary probono system in Erie County, where there is no felony public defender. Adams says sheis against changing the system.'' I think it's great thatan inner city kid who is a three time loser can get a great attorney whonormally charges $300 an hour absolutely free,'' sheasserted. Two otherissues Adams alluded to were those ofthe thorny area ofmandatory AIDS testing ofdefendantsand the possibility ofchanging thelawonusing kids as witnesses. While Adams painted a vivid picture ofarape victim who is desperate to know whetherthe man she accused of rape (who was released from prison three days earlier) could have exposed her to AIDS, students in attendance raised questions ofprivacy ofthe accused and when such testing should be done. '' It really violates the presumption ofinnocence to do it before a conviction," Adamspointed out. As to the issue ofusing kids as witnesses, Adams stated,'' Sex crimes is anarea wherepeople are Female DAs, continued onpage 14 Clovis Maksoud Proposes Arabs Seek Own Solutions bySrikantßOmaswami, StaffWriter U.B. students had theunique opportunity tohear Clo visMaksoud, theformer ambassadorofthe Arab League to the UN and now at American University, speak during human rights week on the prospects ofpeace in the Middle East. Maksoud believes the term "peace" is an issue ofhuman rights. Atthe outset, hedefined human rights. He said that in order to deal with the concept of human rights in the Arab mind it was important to realize that the concept was not new, but something on which the prospects of global peace have depended on a globalcontext fora long time. Maksoudstated that we are living in a new global order - one thathe believed to be neither new, global, ororderly. Because this notion is now so prevalent, Maksoud believed that many distorted notions replaced reality and truth. He added thatas long as the world was trying to deal with the object ofpeace and humanrights, it wasnecessary to have a certain formulation. v Maksoud laid out the scenario ofthe worldasaglobalvillage. Onthe otherhand, he stated that there was a resurrection of a parochial and sectorial world. He cited the Soviet Union andCroatia as an affirmation of identity and a suspension ofhuman rights. It was then thatMaksoud began to ask probing questions. Whatabout collectivehumanrightsofpeople? Whatabout human rights ofpeople inthe southern hemispherewhere the issue ofhuman freedoms, (in terms ofexpressionand objectivity) are stymied? Whatabout the disenfranchisements ofpopulations who don'tunderstandtheeconomicaccesstoequality? Isthereahierarchy ofhuman rights? Ifso, do political humanrightstriumph over social and economic rights? Do collective human rights take the place ofindividual rights? Maksoud added thatthe concept ofhuman rights needed to be broadened to be inclusory ofsocialand economic human rights and individual democratic human rights. Maksoud thenasked whenthe economic and social priorities in developing society beginto achieve relevance. Maksoud said that these probing fundamental questions hadno clearcut coherent answers. Maksoud then addressed theplightofthe Arab people, noting that in the' 'CNN'ized'' global village the Arabs tried to sustain a degreeofimmunity frombeing sweptaway. He added that the GulfWarhascreated a situation ofvulnerability fortheArab people, a situation wherethey have been humbled, yet stavedoff humiliation. According to Maksoud, between this humiliation and humbling lies thecurrent plight ofthe Arab people. Maksoud' s lecture thenfocussed on inter-Arab accountability. He said the Arabs werebound togetherby community, culture, literature, music, and ethos. He added they were united by a sense ofcommon history, a prevalenceofacommon spiritual heritage, but not exclusively so; a multiplicity ofnational liberationmovements. Maksoud then analyzed countries like Indiaand Kenya, which had gained independence at one time. TheArabworld, in contrast, represented fragmented political movements and had acquired independence at different times, from different countries with different political systems. When Nasser emerged, , Maksoud showed thatEgypt srole wasthat of a catalyst because it had emerged from colonialism. In effect, theArabs ofAfrica came to be distinguished from the Arabs ofEuropean colonization. However, the problem ofCamp David was that Egypt's role to familiarize Arab Africa withArabAsia wasdisfunctional. This wastraumatic fortheArab people and the wholenotionofArabunitywaschallenged.lt was dismissed as a dream at best and an impractical formulation at worst. Whilementioning the war in Lebanon, Maksoud mentioned that Syria and Iraq had compounded this,withthe result thattheArabs became alienated, depressed, frustrated, and to this pathetic scenario excluded. He added , s by outliningIraq invasion ofKuwait, exacerbating a split and disunity within the Arab psyche because an Arab solutionhadbeen preempted by outside interferences. Maksoud said that while most Arabs condemned the Iraqi invasion ofKuwait, they were all against the deployment ofU.S. troops in Saudi Arabia. Questions neededto be asked, continued Maksoud. Why was the UN energized in the Gulfand paralyzed in the Middle East? Why was it possible to find an Arab solution to the Why morecomplicated situation in wasthe Arab solution prevented? Whyweren't santions given time? These were questions lingering in the Arab mind. He warned that answers should be found because noanswer equals a prescription forrebellion. Finally, Maksoudaddressed the Madrid conference, whichhe felt wasa brilliantmove on the part ofthe U.S. He said thatthe convening ofthe conference was not a breakthrough or a gridlock; not afailure ora success. Maksoud ended with two final questions. Are the West Bank, Gaza, and Golan Heights occupied or not? What about the problem ofsettlements and Israel? He added thatthe US would prod parties into the negotiating process. But the question remained is it negotiation merely for - negotiation'ssake? November 25,1991 The Opinion 3 �OTIMQJSnEIa November 25, 1991 Volume 32 No. 8 Editor-in-Chief: Johnß. Licata Andrea Sammarco Managing Editor: Business Manager: Natalie Lesh News Editor: Vacant Features Editor: DarrylMcPherson Layout Editor: VitoRoman Photography Editor: Michael Radjavitch StaffWriters: Saultan H. Baptiste, Kevin Collins, W.F. Trezevant, SrikantRamaswami Contributors: Joi Carey, Rebecca Eisen, Jeffrey Ertel,Mike Fallon, Angela Gott, Bill Kennedy, Brian Madrazo, JamesMaisano, Melanie Mecca, JenniferPitarresi,Paul Roalsvig, George Snyder, Hans Tirpak,Renee Walner, Tom Winward Editorial Thanksgivingis atime for cliches to spring forth from publications and over theradio calling for an appreciation of the universal community of humankind. From now until NewYear's Day, when peopleare breaking resolutions and losing that holiday cheer, charities will be plying the guilt-ridden conscience of individuals in an attempt to make budgets balance. The homeless will be featured on public service announcements on television surrounded by holly wreaths and a reminder that we shouldremember those less fortunate than us. Society's conviction to provide services evanesces with the annual uncorking of the champagne bottles. This space is dedicated to those individuals who spend the whole year working for those people whoreceive special attention from the rest of society for a six week period. Donations of a can of lima beans or pumpkin piefilling that went unused last year providesa salve for the conscience. However, it is the student who manages to serve people while attending classes who deserves our respect. While the rest of the student body argues about the existence of a smoking lounge, SASU on campus and the inadequacies of registration, there exists adedicated group of individuals providing aidto those with more pressing and immediate concerns. This holiday season, while pondering the future, give thanks to those who are looking after the present. Copyright 1991. TheOpinion.SßA. Anyreproductionofmaterialshereinisstrictly prohibited withoutthe express consent oftheEditors. The Opinionis published every two weeks during the Fall and Spring semesters. It is the student newspaper ofthe State University ofNew York at Buffalo School ofLaw. Theviews expressed inthispaper are not necessarily those ofthe Editors or StaffofThe Opinion. TheOpinion is a non-profit organization, thirdclasspostage entered at Buffalo, NY. Editorial policyofThe Op; nion is determined by theEditors. TheOpinion is funded by the SBA from StudentLaw Fees. TheOpinion welcomes letters to the editor butreserves theright to edit for length and libelous content. Letters longer thanthree typed double spaced pages will be edited forlength. Pleasedo not put anything you wishprinted under ouroffice door. Submissions canbe sent via CampusorUnited States Mailto TheOpinion. SUN YAB AmherstCampus, 724 JohnLordO 'Brian Hall, Buffalo, New York 14260 orplacedin law schoolmailboxes 443 or 512. Deadlines for the semester are the Friday before publication. THE OPINION MAILBOX Questionable Registration Requirement To the Editor: In trying to registerfor Professor Kannar' sFederal Courts class, a class listed as PI (requiring the permission ofthe instructor), students were informed by his secretary that to be considered foradmission into the class, aresume must be submitted with a statement indicating reasons for wanting to take the class. While a statement ofinterest is perhaps understandable, therequirement is not. Why elsewould aresumebe necessary otherthan to choose students whohave done well in law school? We seriously questiontheright ofa professor to cream*' in admitting people to a class, especially aclass thatcould be considereda core component oflegal education, hi the jobmarket, weexpect to bejudged on our credentials. But in law school, weexpect to be treated withrespect, and to be given an opportunity to learn about a subjectarea thatinterests us - an opportunity that is not conditional upon our past accomplishments orjob experiences. Although some law school courses, such as the judicial clerkship clinic orthehonorswriting program, mayrequire academic success, thesecourses should remain exceptions to thelottery system. Professors should be strongly discouraged, or prohibited, from considering students' academic qualifications orpastjob experiences beforeallowing them into theirclass. Sincerely, Margaret Phillips, 3L NanHaynes, 3L SWJ Given Jurisdiction Over Sexual Harrassment Cases To the Editor: I am outraged at the insensitivity and the unprofessionalismofSUN Y-Buffalo. Thisuniversity has giventhe Student-Wide Judiciary Court(SWJ)thejurisdictionand permissiontoheara caseofsexualassault. Toshowtheuniversity'sunprofessionalism regarding this sensitiveand serious matter, I must explain thatthe SWJ is a studentrun court. There is an administrator who oversees the court, but for the most part the university hasallowedthe students the opportunitytorun thedisciplinary proceedings. Thus far, the justicesconsist offive undergraduate students. Theprosecutors are law students chosen by the university whilethe defendersare law students hired by Group Legal Services. This university proceeding operates withminimal and inadequate proceduresregarding evidence and the burden ofproof. Because this is viewedas an administrative hearing,not acriminal trial,the defendantis afforded onlythe minimal due process protections (ifany?) and the victimfaces directand cross-examination by persons who are onlylaw students. Most importantly, the justices, who also sitas the jurors,are supposed to control the proceedings but as undergraduates possess no formalized legal education, training orbackground. It should be clear that this university has committed a grave injustice to all of the students who attend it. This court isan adequate forum to hear cases concerning small thefts, trespass, and othermisdemeanors. However, it is in no wayable to deal withfelonies. Furthermore, it is unbelievablethatthe university wouldallow the SWJ todeterminetheguiltorinnocenceofsomeonewho is accused ofsexualassault. Acase ofthis severity should not be heard by three undergraduate students with no legal training. It is seriously unfair to everyone involved in this matter the defendant, the victim,the' 'justices,'' the defendersand the prosecutors. The SWJ shouldnot have to dealwiththis matterjustbecause the university fails to addressthe problem. I would like to know how the university expects this hearing to occur: does it expect the defenders to actually cross-examine the victim? I cannotbelieve that theadministrators have ignored the charges and haveplaced their faithin three undergraduate students. Moreover, thewholeissue is trivializedby the fact thatthis matter is in the SWJ. Let's wake up. Posters, signs, programs about safetyand advice are meaningless ifthe university does not have anadequate system to deal with the issue ofsexual assault. The hypothetical has becomereality and the university turns it back. Or even worse, perhaps it is serious about allowing three undergraduatestohearthiscase. lamoutragedand disappointed-this university never ceases to amaze me. -- The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board of The Opinion- LynnWessel,2L Student Defender Misunderstood FirstYear R & W Primarily an Administrative Issue To TheEditor: , As Co-Chair ofthe SBA Researchand WritingCommittee I ye got to takeDarry 1 McPherson up on his offer to "leave his ideas. I also feel it istime to questionthe proprietyofan SBA Directorand Features Editorhavingacolumn devotedto the "whim oftheweek." The situation involvingresearch and writing is acomplex one involving a difficult budget, pedagogical politics, and above all, the needs ofthe first year students. It is not going to be solved, as Mr. McPherson implies, by some upper class students getting together to put together their own R&W course. Nor should ithave to be. The administration and the students do not see eye-to-eye on the R&W issue. Students have triedto voice theirconcerns through acommittee process that, curiously, is run by faculty who are not willing to listen to what they have to say. This is quite unfortunate, but not entirely unexpected. We haveconsidered taking the issue to alumni, the state legislature, and theBuffalo legalcommunity, andwehave considered theadverse consequences ofsuchactions. Students interested in pursuingthis route may contact me forfurther information (Box #3 62). But, as Jennifer Pitarresiwould say, I digress. I must question the editorial integrity ofa column writtenbya person wearing somany hats. Above all,let usremember that The Opinion is published of. by and forthe students ofl JB Law; to misinform and mislead those students is thoughtless. Hang up some of(hose hats, Darryl. Milrcef;aJlont,3L 4 The Opinion November 25,1991 To the Editor: Based uponcertain feedback, I believethat in a recent Letter to the Editor ofThe Opinion I gave some colleagues a misimpression which I'd like to clarify. In observing that law school funding is made available to ' 'groups with narrow interest" while practicalproblems such as mailbox theft go unsolved, I meant only to lamentalackofsimilarfundingforadifferentsetofcircumstances. Ididn'tmean to imply criticism of any "groups with narrow interests" (define it as you will). Diversity is perishable, and I'm glad to be ata school committed to nurturing it. I justwish there was moremoney to goaround. Very Truly Yours, John Cody, 1L ' ERRAT A ... The Opinion would like to apologize to David Lask for inadvertently omitting his name from the editorial 'Polemics and Politics." Also, Kristin Graham's name was incorrectly spelled in the last issue. Sorry for the confusion. �COURSE"SELECTION?" %il k&\*ejy McPHERSON! Features Editor h\ Darn I McPherson I originally wanted to writeabout Of Life, Law and the "Fish-Bowl" Effect by W.F. Trezevant, Staff Writer Backinthedaysofyore.whenlwasalad of moderate height and precocious intelligence,!spentagreatdealoftimeponderingthe basic underpinnings ofthe world that surrounded me. Perhaps the most interesting questionldealtwith,onewhichlhaveretumed to many a time, required contemplation of man'srelation to man. Needless to say, I did notreachaconclusivesolution to the question. The best I could do was to resign myself to pursuing thefutureresting withthe comforting assumption thatthe people ofmy generation would "take care," and understanding the desirability oftaking care ofoneanother. Now, years later, I find myselfdiscussing thevery same questionsand propositions, with no further success with regard to the solution. In fact, my personal discussion ofthe issue has been exacerbated by the frustration and alienation Ihave experienced withregard to the personalities thatpresently occupy our law school. What I have found particularly troubling about the behavioral patterns existing in our law school is notthe fact thatthey do not agree with each other, but rather thatthe various personalities feel theymust exist atthe expenseoftheirfellowclassmates and administrative counterparts. This mutually exclusiveattitude has, withouta doubt, lead to the ''Fish-Bowl Effect.'' Surveying ourworld we find thatthe "Fish-Bowl Effect has permeatedjustaboutevery aspectofour society,from negativecampaigning in the presidential elections to, and perhaps more disturbingly, the first yearMatching Game.'' The salient concept behind the " Fish- Bowl Effect" is a simple one, an idea with which weare all too familiar. Namely thatan individual or grouphereatourlaw school,upon the expression ofaposition, platform, oreven simple feedback onissues ofthe day, cannot escape the pejorative use oflanguage at the hands of eitheranother group or individual, through the employmentof"labelization." To think that at an institution of graduate-level education people can still willfullyand maliciouslyattempt to deconstruct theircolleagues based on the most trivial ofcircumstances, personalorotherwise, is something that, quite honestly, I didnot believe could have a home in a school of law, let alone the hearts and minds ofourfellow educatedhuman counterparts here. Nevertheless, while frustrating, this point is not insurmountable. Indeed, thealienating aspect ofthis entire exercise is that the studentsand administration alike seemingly do not recognize the historic confluence of circumstances which have brought such adiverse group ofindividuals together ina commoncause. Itwasmyimpression,priortomy experience here at this school, that the multitude ofopinionsand ideas which exist within thefourcornersofthisbuilding, would,could, and should serve as a natural base for the opening ofa dialogue amongst the various players. Instead, ithasresulted in a divisive, almost "back-biting," protection of beliefs concerning the efficacy ofthe programmatic responses adopted. With all ofthe talk, betweenthe bindings ofthe booksweread, about the desirabilityofexposing, tothe sunlightof scrutiny, evidence, ideas, and legal proposi- take them far too seriously. student groups withinthe lawschool, but I couldn't come up with an interesting spin on the topic. As I thought about it, I realized most articles on the subjecttend to push people to get involved and try to putadentintheinfamousarmorofstudent apathy. Nowadays, I think I understand studentapathy, andl'm starting toappreciate it. There are two levels ofinvolvement withstudentgroups. Eitherone isa member, oroneisanach'vemember, and the distinction is quite clear. Anybody canbeamember,andnothing isrequired fromthe person save occasionally attending ameeting. Activememberscarry the group. They motivate its actions, make itsagenda, and makethe group visible in the public arena. What I say in this column about people in groups applies only to active members, those whohave somekindofpersonal stake inthegroup's activities. Though we're here to receive a substantive education about the law, sometimes the activities of a student group seem to take precedence. The lessons tobelearnedthrough thisinvorvement, while important, shouldn'tbecome the absolute center oflife in law school. Note that I said "shouldn't" because, despite that, extra-curricular activities aroundhere frequently takeonamissionlike quality. ' 'Extra-curricular isn'tamisnomer,butitdoesn'tgo farenough to imply the level ofsacrifice such activities entail.How else could I describethe effort that goes into developing a conference, organizingacompetition, or evenputting out this newspaper? On more than one occasion, most ofThe Opinion staffhas been up all night inorder to getthe paper out in accordance with our self-designated deadline. There'snopenaltyifwe wereto publish a day late, but we still go the extra mile to get it out ontime. Yearsago,you'dbehardpressedto get me to participate in an after school activity. In high school, they didn'texist tome. In college things changed slightly and I was involved in a couple ofthings. Still, either I wasjust a member, ormy actions had a relatively low profile. However, by my senior year, I decided thatwasn't goodenough. I hadrealized thatthere are two types ofpeople in the world- those you read about, and those whoread about them. For somereason I wanted to be in the former category and this columnisa testamentto my success inthatendeavor. Suddenly, I'm starting to see the other side ofthefence. I'm not the most activeperson in thisschool, and what I do isn'tthat important. Yetthe majority of the stress in my life comes not from my law school classes, butfrom my bloody extra-curricularactivities. They'resupposedtobeharmlessdiversionslwould've thought, but people (myself included) In the past three weeks, I'ye had to organize a Students for Constitutional Concerns meeting, come out onthelosing sideofamajorvote withinthe Student Bar Association, and deal withthe Editor-inChiefofthis paperregarding thefuture of my column. When all ofthat is considered withstaying on top ofmy regular course load, I'm forcedto askmyselfwhy do Ido allofthisstuff. Does anyonereally care? I look at my friends, who exist at varying levels ofinvolvement. I've seen what can happen to you when you deal withthe people and the forces thatmove about this place. This school is like a stormy sea, and you can easily drown if you're not careful. I'm like an amateur surfer; sometimesl'm up, sometimes I'm down,andl'm learn ingalotaslgo along. Those whoaren't mixedup withthe variousgoingsonofthisschoolaremuchmore content than those who are. People who leave whentheir classes are donehave a perspective on what'sreally important in life, and don't go too far creating new hassles forthemselves. There's too muchemotion invested in student group activities; much more than I would expect anaverage person to give. I don't think therereally is such a thing as student apathy. That's just a perception. It's not thatpeopledon'tcare, they just don't care to the same extentas someone who is involved. Justbecausea handfulofpeoplecare passionately about an issue, that doesn't mandate the rest of the student population to feel the same way. Therearesomecausesinthisschool toward which I wouldn'tgiveaminuteof my time, whilethereare othersthat Ihope would thrive. Find the right topic, and you'llfind the studentinterest to support it. Membership hasitsprivileges,but it also has its disadvantages. I'm very tired ofputting up with student group pressures. WiththeexceptionofSCC,any enjoyment I get is frequently matched withfrustration. Politics hasmany faces, including those whichyou thoughtwere your friends. Once you put yourself out there, therelationships change somehowsome otherobligation ismore important. It can be very disheartening,and you learn to trust a little less. Noticing therelative contentment thatcomes witha degreeofdistancefrom extra-curricular activities, I've consideredresigning from these self-imposed stressfulpositions. Everydaylwonderif what I do is wanted orappreciated, and I question whether it's all worth it. The onlything thatholds me backisasense of responsibility, and my instincts. I'm alot ofthings,butl'mnotaquitter. Idon'twalk away from any project, no matter how tough. Unless the situation became totallyunconscionable, I doubt I couldresign-no matter howmuchlwouldwantto. Dont study too hardandenjoy your tions, it wouldappear to me thattheevidentiary principle known as the' 'best evidencerule would apply. Simply stated, we as a community, whilerecognizing ourdifferences, shouId seek to usethose differences to foster aunique dialogue which holds as its cornerstone an adherence to agive and takeprocessasopposed to the manipulation ofdifferenceinto divLsiveness. Iwas oncetold, by anolderpersonwhom I had adopted as a surrogate father figure, that "it is decision without discussion thatdefeats us.'' Certain things are as true today as they were at the time that such utterances were vacation. Seeyounextsemester. Maybe. made. November 25,1991 The Opinion 5 �Cuomo Does the Hokey-Pokey! MARIOANDTHE PRESIDENCYTHAT'SWHAT IT'SALLABOUT by Kevin P. Collins, Staff Writer Well, it's nearing presidential election yearagain and for theDemocratic Party this is a time to struggle to find a viable candidate to run. As in the past election, thecall, indeed the plea, has goneout tothe Governor ofNew York State,MarioCuomo,fromhisparty. Cuomo,in turn, hasresponded by doing thehokey-pokey run. and not deciding on whether to That isall welland good for his national image, yet, by skirtingthe decisionand stringing party members along he is doing a disservice to others, albeit no-names, who may want to announce their candidacy. Many party backers are not donating funds and supporting campaigns because they are waiting to see ifMarioCuomo keeps hisright foot in orifhe takes hisrightfoot out. I, for one, wouldlike to seeMario run and leave his right foot in. Admittedly,New York State is not in the greatest ofshape(then again, whatstateis). Further,lbelieveheshouldhave run in the latest election on the heels of his rousing Keynote Speech. Nevertheless, and despiterecentpollsallegedly finding that anoname candidate would give a stronger challenge than Mario, I believe thatCuomo is the best presidential candidate the Democrats have. Moreover, theRepublicans fear him,as his verbal persuasiveness may well indeed it. Only fa>mthemindsofthe Republican^sorry Minolta). (08) Mr. Bush wanted to be elected as the , ' 'environmental ' president. So he lets Exxon get away with dumping oil into the water. Further, whatabout acidrain? Bush will spend millionsoftaxdollarsstudying iftheproblem exists, yet not doinganything about it. Itexists, George, itexists. (See, I just saved millions of tax dollars inresearch!) Now, go dosomething about it. (07) Thesituation oftheeconomy in America. More andmore people are not passing go, are not collecting $200, and are going to jail. We are in a serious recession. Bush did not call Reaganomics "voodoo-economics" for noreason. Perhaps a witch doctor will cure the ills and evil spirits of 12 years of Republican presidency. (06) What is George doing about a national healthcare system? The same thing he isdoing forhis domestic policy, to help the education problem, tohelp the environment, and to help the economy-hoping it will all goaway and , come back another day(orhey, 1 11solve allthe world'sproblemsabroad while Americagoes downthe drain athome). (05) FIVEGOLDENTHINGS 1. Bush wasthe headofthe GOPduring Watergate. 2. Bush wasformer head oftheCIA in expose Mr. Bush's handand havehis houseof cards comecrumbling down. thelate 1970s, but what doesManuel Noriega History lends us two analogies. We really know about Bush andthe CIA? couldsee Mario as alatter-dayFranklin Delano 3. Bush was Vice-President when Reagan delayed therelease ofthehostages to Roosevelt following HerbertHooverand bringing thenation out offinancial d istress. Further, make himselflook good. it may well be that Mr. Bush is akin to Prime 4. BushwasVice-President when Ollie Minister Winston Churchill ofGreat Britain, North decided to dowhathepleased (orwasset who won warsbut was notable to accomplish up as a scapegoat to appear that way) and break anything domestically. The Britishpopulace a lotofinternationalrules, lie to Congress, and thanked him forwinning warsabroadanddoing ignore the Constitution. nothing athome by voting him out ofoffice. 5. Bush and Kuwait-didhelead Hussein I shallkeep myowncallforMario to run into thesituationandthen send innocent,young shortand simplysaythat Mario shouldkeep his Americansoldiers to death in anoil war, while right foot in and shake it all about so that Mr. he spoke ofAmerica as a " kinder and gentler Bush's presidency and domesticpolicy will be nation." examined for what it is—what is it? In any (04) I am still thinking about (05). Whatan event, in the spirit ofthe rapidly approaching interesting past. holiday season, I presentto Marioa giftto use (03) Clarence Thomas (come on, you knew I onthecampaigntrails: THETOPTENBUSH could not leave him out). Why nominate for BASHING LIST. Supreme Court Justice acandidatewhohas the (10) What do Mr. Bush' s domestic policyand worst credentials ofany potential justice in water have in common? They both have no nearlyhalfacentury. Definitelynota political calories. nomination! Itgivesmegoosebumps. (09) Mr. Bush wanted to be elected as the (02) He uses the word "prudent" too damn '' education president. So,overtwoyears ago much. he set up a meeting with all governors and— ANDTHENUMBERONEBASHER what to my wondrous eyes did appear—they (01) Thump-thump. Thump-thump.Thump. came out ofth is meeting ofthemindsagreeing DanQuayleand the Presidency oftheseUnited thatthereisa problem in the American educaStates ofAmerica-only aheartbeat away(and tion system and we shoulddo something about thisisnorerunofa' 'TwilightZone'' episode). Mario Cuomopumping flesh withArnoldSchwazenegger File Photo The Matching Game byKevin P. Collins, Staff Writer Recently, Section 1 members ofthefirst year class were "treated" to find in their mailboxes an unsigned matching game, whereinindividual names werematched with answers which attacked their personalities. Evidently, from what I have learned from the students in this section, the personal attacks were primarily focussed on thoseindividuals who actively participate in class. The result wasan entire section ofstudents incensed and highly offended by the subject matter. It made me take a step back and ask,' 'Who do I go to schoolwith?" hi any event, a studentfromthe offended section hasasked me to address this issue. Let mebeginby stating that I am strongly in favoroffree speechjam opposedto any form ofcensorship, and I really appreciate a good joke. These lines, however, were crossed and the game is in the area of highly offensive conduct and singular,personal attacks. If the authors wanted to makea point,which is their right, then the way to do sois through constructive criticism. This would allow those whom the authors believe deserve criticism to learn and benefit from this speech, and, at the same time, debate and rebut the accusations. To cowardly distributethese unsigned individual attacks onpeople's alleged personality traits hasno constructive purpose and is a malignant, infantile and asinine act. However, to the extent that I, and indeedmany others, may find this form ofspeech morallyreprehensible and offensive, I also strongly believe it should be allowed, discussed, andrebuked openly. This is especially true in the context ofall of us being students ofthe law and, more importantly, future leaders ofsociety. In a free marketplace ofideas, I believe such speech is protected underthe Constitution. Nevertheless, thefact that such speech is constitutionally protected does not mean we cannot respond to it. Moreover, the position can beadvanced that we have an affirmative dutyto respond to suchspeechandrenounce it. I amnotreferring to a morally correctpointof view; the point I am trying to make is that, in anopen forum ofviews, I believe such speech to be constitutionally protected, as is theright to respond. Therefore, I am exercising my constitutionally protectedright torespond to such speech. I questionthe individuals who wrote the matching game. What was your objective? Did you stop to thinkaboutthe effects itwould have onthe schoolcommunity in general, and your classmates in particular? Surely, the objective could not have been to constructively criticize your classmatesso as to lead to anopen discussion whereby ideas andviews could be freely exchanged and people could learn and benefit from each other. To not sign thegame, to not makesuch accusations openly, is tantamount to just wanting to have your say and selfishly criticize others, but not being willing to say why, hear any rebuttals, discuss any exchange ofideas ortake credit for your thoughts and work. It is a condemnable and cowardly act to establishthe rules for a game andusethemtoserveyourownbenefitso noone else canplay and participate in a fair manner. In a free marketplace of ideas such speech throwscaution to the wind, as it mostpointedly doeshere. Yet, people who want torespond to such speech shouldnot standidleas itblows by them. Instead, speak up and be heard. Denounce such speech for what it is worth-not much. The Research AWritingTopTen: (Dean Filvaroffsays its not in response to the budget crisis, and thenDean Boyersays it is entirely in response to the budget crisis. Well, which is it?) Adapted from Chess, C, et al, Improving Dialogues With Communities (1988), NJ Department ofEnvironmental Protection Reasons to Be Open and Honest With Students Ways t0 Lose Trust and Credibility Students are entitled to information that affects their education. 1.Don ' t involve students in changes in the core curricula. Wait until they are 2. Open and honest communication sets the pace for the resolution of the gone for the summer and then have the faculty act. problem (or the perceived problem). 2. Be defensive when your policies are questioned. 3. When you wait, you lose trust and credibility. 3. Hold on to information as long as possible. Don't tell people when the 4. You can better control the tone and content of the information if yourelease information will be available. When people scream, tell them''These things it first (read: damn those 2d and 3rd years!) take time." 5. There is more time for meaningful student involvement in the decision 4. i gnore student concerns. Better yet, say that they are being stirred up by making process if the information isreleased promptly. upper year students and embittered faculty. students into the assure that student concerns 6. Bringing decision makingwill 5. Be as evasive as possible are addressed. 6. If you make a mistake, deny it. Never admit a mistake. 7. Less workis required to be open and up front than to respond to attacks and 7. if you don't have the answers, fake it. Never say "We don't know.'' criticisms. 8. Don't speakEnglish. Aspire to servepedagogical goals rather than student 8. Openness builds trust and a productive "let's work together" atmosphere, needs, and talk about "lines" andtheir elimination. 9.lfyouwait,somestudentswillberesentfulandangryfornotlearningofthe 9. Be a good bureaucrat. Those concerned could never understand the information earlier. complexities involved, and therefore this matter should be handled by those 10. People are more likely to overestimate the problem when you don't share wno are jjest e nU ippe( j to do so information. Iq. Send Dean Filvaroff to address the students at Town Meetings. Let him and Marc Hirschfield go at it. The Opinion November 25,1991 1. 6 �Reprints: The following letters were inadvertently run without the respective author's names in the last issue ofThe Opinion. They are now being run in their entirety for the sake of journalistic integrity. Understanding the "JAG Corps" Controversy The origins ofthe current "JAG Corps " controversy and the motivations behind the legal action initiatedagainstSUN V at Buffalo dishonorably dischargedorotherwise discriminated against by the USAF because oftheir sexual orientation. Second, LGLSO and NLG were sucand not complicated apparently widely are in our legal action against SUNY at have cessful Therefore, to attempted I understood. address some of the misrepresentations and Buffalo. SUNY at Buffalo has exercised its misinformation contained in Bill Kennedy's optionto appeal the orderissuedon September letter to the editor,published in the October29, 19,1991, by the Division ofHuman Rights, 1991 issue ofThe Opinion, in an effort to OfficeofLesbianand Gay Concerns. Enforcement ofthisorderhasbeen stayed pending the remedy this problem. outcome oftheappeals procedure. and Law Student First, theLesbian Gay Third, if and when the order is enforced and Organization (LGLSO) theNationalLawat SUNY at Buffalo, all employers who discannot initiate a yers Guild (NLG) didnot and criminate GeneralCorps based on sexual orientation will be the Advocate suitagainst Judge Forces barredfrom interviewing on campus, not just or States Armed (JAGC) the United ThefactthatUß theJAGCorpsortheUSAF. of the legalrequire(USAF) directly because ment ofstanding. LGLSO and NLGdecided to law students will no longer benefit from the approach this issue from the perspective of convenience ofon-campus interviews withthe JAG Corps does not in factresult in any lost state law to meet the standing requirement. Syracuse University Law School, opportunities. 28.1 prohibNew YorkStateExecutive Order for has a long-standing ban against example, based on orientation its discrimination sexual Notwithstanding this ban, state the JAG Corps. in services and benefits provided by a any JAG which mc ludes prohibitionagainst ofthe agencies; this provided the basis action. However, hundreds ofsuits havebeen Corps literature, posters, applications or inforfiled, and continueto be filed, directlyagainst mation, three to five students per graduating the USAF by lesbian and gay service people class have secured jobs with various JAG Corps branches in each ofthe last few years. Last year, four UB law students gained employment withthe military upon graduation. When JAG Corps is banned from ÜB, thosestudents whowant to pursue employment in the military will be in the same boat as all the students who currently seek public interest jobs. Those who seek public interest careers have no other choice but to expend their own resources and travel to interviews. The opportunity formilitary employmentdoesnotdisappearwhen theJAG Corpsisrequired to conform to New York StateLaw. Fourth, the LGLSO and the NLG legal action against SUNY at Buffalo, is part of a national effort to force the Department of Defense(DOD) torescind Directive 1332.14, which prohibits lesbians or gay men from serving in the military. According to the July , 1991 report ofthe ACLU s Lesbian and Gay Rights Project, 77 colleges and universities, both public and private, report efforts to ban militaryrecruitment and ROTC programs until the military changes its discriminatory policy against lesbians and gay men. The ACLU report is only a sampling ofall the challenges to DOD Directive 1332.14 currently undertaken by students and activists across the country. These efforts individually and collectively do have an effect on the military. Ac- cording to Marilyn Miller, Placement Director at Syracuse University Law School,' 'the ban has had atremendous impact ontheJAG Corps. They know they are missing good people and they are very frustrated." EvanWolfson, staff attorney at Lambda I -gal Defenseand Education Fund, believes thai the military will be forced to change its discriminatory policy withinthe nexttwo yearsbecauseofthenationwide challenges and the lack o flogicalreasons to support itscontinuation. Further, Pete Williams, Assistant Secretary of Defense, was man, again callrecently "OUTED" ing attention to the military's selective and arbitrary enforcement ofits ownpolicy. Hence, the legal action byLGLSO and NLG is making a difference. BrendaA. Mattar President, LGLSO Thoughts on Homophobia '' Semantics, you'rekilling me withsemantics !" So cried Michael Stivik back inthe early 19705. Well, now it's my turn. Specifically, I wouldlike to take issue withthe current use, and misuse, of the term ' 'homophobia.'' The term can belikened to many otherterms in psychologicaland sociological parlance. It is used to describe a condition orattitude thatis withinthemind of a certain individual. In truth, the term homophobia lacks the limited validity ofthe social sciences jargon becausethis term, beyond the ideologicaland emotionalpurposes behind it, has no real application. Instead, ithas been used so extensively beyond itsintended meaning thatit now falls into the category ofslur, insultand slang. ' 'Phobia is defined as "an exaggerated, usually inexplicable and illogical, fear of aparticular object or group ofobjects.'' In this sense it seems obvious thata phobia ofsomething is notgood; it isasicknessoradepravity. If this were so, then those deemed "homophobic" should be admitted forpsychiatric counselling and care. They should exhibit a pathologicalhatred of gays, possibly manifesting itselfin violent, beitverbalorphysical, episodes. These cases should be pitied, controlledand opposedbyall segmentsofsociety. Homophobics, in thereal sense of the word, would betruly dangerous and objectionable. Obviously, those who are deemed homophobic should be treated in the same manneras bigotsandracists. Homophobics, by definition,are those who fittheabovedescription,however, this is increasingly not the Instead, advocatesofthe gay rights movement have taken to labelling all those who for any reason or purpose oppose their goals as case. homophobics. Whatmany supportersofgayrights seem to have forgottenis thatuntilveryrecently vast and overwhelming portions ofsociety viewed gays as depravedand objectionable creatures. by Mike Fallen Objections tohomosexuality were believed to be the rational moral viewpoints of decent society. Gays were the deviant ones; it was theirconduct and lifestyle thatneeded defending and explaining, not that ofthose who objected to it. In the past thirty years all ofthat has been turned on itshead. Today,any opposiriontohomosexuality isregarded as wrongand immoral. It is generally regarded thatanti -homosexual views may only stem from such deviant mental states as "phobias." lam firmly oftheopinion thatthis is not the case. Therecan be no doubt, as I have already stated, that those who manifest truly homophobictendencies should be condemned. Modern society should have noplace for monsters who derive pleasure from the pain of others. However, gay rights advocates do not limit their objections to the actions of just thosedeviantpersons. Nor do theyreserve their verbalireand criesof"homophobic forthose who truly deserve it. The gayrights movement clearly hasno purpose other than to have the gay lifestyle deemed to be as acceptable and desirable as ' 'normal or heterosexuallifestyles. What is important is to admit that there are possible objections to this goal,whichare notrooted in homophobic reactions. It is on this point that I believe the line between homophobics and opponentsto gayrights hasbeen blurred. That homosexuals deserve theright to befree from verbal or physical harassment is without question. Any who would disagree with this surely require stricter scrutiny to determine where their intentions lie. Human beings qua human beings are free to choose. Though they may also be heldaccountable for their actions, the right to choose is the most fundamentalrightofhumanexistence. Homosexuals should, and must, be allowed the freedom tochoose whether to live as homosexuals or suppress thatwhichis withinthem. In times past, this choice was liable to punishments as severeas thosereserved for murderers. Fortunately, intoday's society most have come to recognize that homosexuality must not be a criteria for meting out societal retribution. However, whatisn'tclearand indisputable is whethergays are freefrom moral compunction for exercising theirright to be gay. Homosexuals donotdeserveanytypeof societal penalty for choosing to live as they live. What remains to be seen is whetherthe rest ofsociety must fall in lineand support all ofthe goals ofthegayrights movement. There must be foofn ferdrRafe and opinion, and, thatthose who opabove all, therecogn ;exuals are not all pose the rights of h homophobic. It is lunacy to claim thereis absolutely norational ormoral reason to oppose some, if notall, ofthegayrights movement. Religious, societal, and moral convictions may easily preclude such support withoutfalling into the category of"exaggerated, illogical, or irrational fear.'' For centuries, some ofthe greatest thinkers mankind has ever known have been firmly opposed to homosexuality. Many ofthe great theologians and philosophers ofWestern society have opposed homosexuality upon moral and religious grounds. For centuries these views were the pillarsofWesternhatred and condemnation of homosexuality. Though these men may have been influenced by their limes, their objections to homosexuality are nottheproductsof phobic minds, butratherthe disseminations of sophisticated discourseand analysis. Fortunately, weno longer live in an era in which we are forced to obey the dogma and policies laid down by these men, however, it doesintelligent discoursea disservice to merely brush aside those who still adhere to these principles as being merely homophobic. It is verypossible that manyofthemare,but itis not necessarily always the case. To label these people homophobic is to donothing but preclude the opportunityforrational debate upon this serious subject. Especially with the increasing terror that the AIDS epidemic is causing, refusing to distinguish between the roving gangs of skinhead fag bashers'' and thosewho rationally and thoughtfully oppose gay rights is to declare the debate on the moral status of homosexuality effectivelyforeclosed. Refusing to meet opposing viewpoints head-on is always dangerous. It is even more so now; resorting to smear tactics against all people whodo not agreewithyourviewpointcan only fuel the fires o fhatred that certainly stillburn within the heartsofmany. By labelling any and all who oppose, or fail to support, the gay rights movement homophobics, homosexual sare doingnothing lessthan attempting to force the unconditional surrender ofwestern society's fundamental moral and religiousbeliefs. Conducting argument with insults of "homophobic" is no better than brushing aside opponents based on race, color, creed, orsexual preference. The Federalist Society, oftenridiculed and even despisedby many students and student organizations, in some instances deservedly so, does at least provide for the airing of freeand open politicaland moral discussions. Itremains to be seen ifthe members ofthegay rights movement, who like to think ofthemselves as being on the highermoral plane, will be willing to openly discuss fundamental issues and policies without resorting to merely bandyingabout the slur' 'homophobic.'' Only then may the slow and painful process of determining the rights ofhomosexuals, in a society which has traditionally opposed such rights, begin. Itwillbeginwhenthosewho lead thegayrightsmovement,and those thatoppose it, recognize that intelligent people may disagree about controversial and difficult issues. Douglas Sylvester, 1L Some Questions... Ourselvesrapper/producer's WeVe GotToAsk unity. States, focused number one problem on the If Natalie Merchant hadbeen speaking facing the world today: CSDS. "Common at Deifendorf Hall on November 11th, there sense deficiency syndrome," according to Parker, occurs when you listen to your five would not havebeen two Public Safety Officers outsidewhilea third cruisedthe parking lot. senses, but not your sixth sense, the common But itwasKris Parker,KßS-l ofBoogie Down sense. AIDS, which many students hadthought Productions fame, who brought his brand of to be today' snumber one problem, occursas a resultofCSDS. "Whenyougo bareback[don't ' 'edutainment toUB. Parker'sdiscussion,his 105thinanation use a condom] it [AIDS] is going to get you. wide tour of44 universities across the United The theme was '' The black/white fight is oId " saidParker,'' it ain'tabout that any more. McDonald's don't care what coloryou are." He explained what the fight is about, arguing that "The government is not racist, it is greedy." He urged people to get together to fightthe power. "If your pro-black struggle does not fall in line withthepro-human struggle, thenyou're justas wrong as thepro-white struggleParker said. Parker also addressed the educational system. "Everything is questionable. When we memorize, we don' t intellectualize. When we don't intellectualize, we assume we're being told thetruth." And thetruth, according to Parker, is thin. '' Liesare thick.. .they come with long explanations. That'swhy they teach you 'history' for twelve years." KRS-l'sbriefvisit,he hoped, wouldget people asking the right questions. November 25,1991 The Opinion 7 �From the Desk of the President by Brian P. Madrazo CONSTITUTION: OnTuesday andWednesday, November 19and 20,1991 the student body ratified the Board ofDirectors'proposed Amendments to the Student BarAssociation Constitution by a vote ofone hundred forty (140) to twenty-five (25). The Ratified Amendments will be enacted on January 1,1992. Each student group will get a copy ofthe Constitution and acopy will be on file in the SBA office, room 101 O'BrianHall. I would like to thanktheeditorialboard ofTheOpinionforthe manyhoursofhard work they put in to ensure that the copy of the proposed Amendments whichappeared inthe last issue ofTheOpinion wasabsolutely accurate. I wouldalso like to thank Oren Zevefor hiscountlesshoursofwork ontheConstitution and theBoard for theirenergy in bringing the proposedchangestothestudentbody. Finally I would like to thank the students who voted both for and against the proposed changes. Thankyoufortakingthetimetocastyourvote. Moving 0n... RECREATION and INTRAMURALS: You will find elsewhere in thispaperthe results ofthe survey conducted by the SBA two weeksago. Thankyoufortakingthetimetofill out thesurvey. It is on file in the SBA office, posted in the mailroom and on the doorofthe SBA. Although the survey was not "scientific"and the datais veryrough it is possible to draw some broad conclusions. Basically thereis clearly a misconception as to whatthe purpose ofthe survey was all about. To demonstrate first let me give you a rundown on where the SBA gets the dollars to pay R & I. Briefly, the SB A isthe custodian ofyour mandatory student fee. Currently that fee is thirty-four dollars per semester per student. Ourtotal operating budget is approximately sixty thousand dollars when you add in the interest on the mandatory student fees. From that budget the Board ofDirectors allocates funds to thevariousstudent groups,pays for the phones in the groups offices, throws social events,pays for theaccounting ofall fee dollars extremely unlikely, practically a nonexistent possibility, that this Board orany future Board will vote to not fund R & I at four dollars per student. However, whathappens if the bill is ten dollars per student, or roughly one seventh ofour operating budgetandroughlyonethirdof our allocations to student groups. That is when the decision gets difficult. Look for a town meeting on this issue next semester. Give the SBA your views, preferably inwriting, and lookformoreinfo in The Opinion, but please do not accuse us of tryingto take away R& I from the studentbody. You elected us to oversee the use of your mandatory studentfees and weare attempting to do so in as thoughtful and deliberate a manner as possible. Moving 0n... PARTY: On Thursday November 14,1991the SBA in conjunction with LALSA threw its final social event oftheyear at theJAM CLUB. Although late in the yearand the nightbefore the MPREs many peopleattended and danced up a storm. Turning tonext semester, the SBA is throwing its first party of the semester January 23,1992atMulligan'sonHertel. Look formoreinfo in thefirst issueofTheOpinion. Moving 0n... TEACHINGAWARDS: During our meeting on Thursday November 21, 1991 the Board voted to award ProfessorsGirthandDelCotto SBA Awards for Excellence in Teaching. I would like to personally congratulate Professors Girth and DelCotto andinvite the studentbody toa wine and cheesereception onThursday December 5th, 1991 in the studentlounge in theirhonor. Theywill eachbe presented withan inscribed plaque and a permanent plaque will be unveiled. Additionally, theBoard voted torecognize Professor Hymanfor his longand extraordinary tenure at UB Law. I would like to personally congratulateProfessor Hymanand also extend the SB A' s thanksfor your exemplary service to UBLaw School. Professor Hyman willalsobe honoredon Thursday December sth. The Board also created a process to by Sub-Board I, Inc., andallocatesfundsforthe nominate professors in the future to beconsidlaw student use of Group Legal Service. ered for The SBA's Award for Excellence in Additionally SBA last year allocated Teaching. The process will be started in the approximately four dollars per student for unspring semester ofeach year and all students limited access to the R & I facilities located will be able to nominate professors for their at Alumni Arena and Clark Gym. This year excellence in the classroom. Although an SBA allocated approximately four thousand award need not begiven eachyear, the process dollars for R & I services (slightly over four must be completed. It includes a nominating dollars per student) but thebill is close to five procedure and townmeeting forstudents to air thousand dollars. Further, the Student Assotheir views. Look for this process during the ciation isclaiming that each government should first part ofnext semester. pay thesame amount per studentregardless of Moving 0n... the sizeofthe school. SA currently is locked APPOINTMENTS into a long term contractto allocate two hunCOMMITTEE: dred forty thousand dollarsper year to R & I. Basically ourrevenue is stable. It does Each year thefaculty gothrough the long not go down year to yearbut ontheotherhand and involvedprocess ofattempting to hire new it does not go up either. If we increase an faculty. Each year they are unable to hire allocation to one area we must decrease the because ofbudget cutbacks. What may not be allocation to another. Because ouradministraknown is thatthe students have tworepresentive expenses suchas the phones, accounting tatives on theFaculty Appointment Commitfee, allocation toSub-Board I and SASU feeof tee whohave been working to let the faculty thirty-twohundred dollars peryear are either know what students expect from faculty. fixed or will only go up, the onlyplace left to This year thereis areal possibility that cut is our student groupallocations. anew professormaybe hired. Thirdyears will Adecisionto fundß&lmoremeansless remember that duringour first yearpotential money allocated to student groups. Thequescandidates were brought to Buffalo and were tionbecomes at whatpoint does theallocation introduced to studentsviabrown bag lunches. to R & I outweigh its benefit,at five dollars? Well this year the same sort ofthing is going at eight dollarsper student? at twelve dollars to happen butthe candidatesare beingbrought perstudent? To make an informed decisionthe in after Thanksgiving. I'll justlet you reflect SBA needs information from the student body on thattiming for a moment. and a variety ofother sources. Regardless ofhowinconvenient the timTherefore the survey is just one ofa ing is it is crucial that students attend these series ofsteps the SBA will be taking prior to gatherings. Goas astudy break or tojustblow a decision on this to gather information. It is off studying, but byall means go because it is 8 The Opinion November 25,1991 SBA: Up Close & Personal by Natalie A. Lesli, iBusiness Manager Once again, thereis relative quiet on the homefront. After nearly four hours of debate on the issue ofcompensation (See Article V ofthe newly ratifiedSB A Constitution) whichbitterly dividedthe group two weeks ago, the most recent SBA meetings seem dull incomparison. A few issues of particular importance to law students have arisen,however, and, as always, theSBA has zealously debated them. Unfortunately, most ofthese issues will not be resolved until next semester. At theNovember 14meeting, Second Year Director ErikMarks madeamotion to temporarilyallow smoking in thefirst floor lounge untilapermanent smoking lounge is designated. As most students may already , know, the fourthfloor * 'lounge ' (that is to say,hallway) isrepeatedly disassembled by various staff members with offices on that floor. Obviously, this is not a solution that will have much longevity. In fact, work orders forthe permanent removal offurniture forthe lounge havebeenturned inand will beacted upon at any time. Erikstrongly argued that in the absence ofa designated smoking area, smokers will feel free to smokeanywhere. , A few directors echoed Erik srequest forthe temporary useofthefirst floor lounge. ThirdYear Director Sabby Santarpia stressed thatsmokershave nowhere to goright no w and thatsending them outside is not aviable solution, giventhe harshreality ofwinter in Buffalo. Second Year Directors Michael Radjavitch and Hank Nowak also took a strong position with regard to this issue, arguingthat the smokersin theirconstituenciesdeserved a placedto smoke, and thatthe first floor lounge is the only possible temporary solution. Hans Tirpak, a Third Year Director,reminded the groupthat,''These people don't have the option ofnot smoking,"and therefore that they must be granted the use ofthe firstfloorlounge. Most ofthe class directors were not convinced by these arguments. Leading the pack were Second Year Director Scott Rudnick and Third Year Director Marc Hirschfield. Both men argued thattheproblem ofdesignatingasmoking lounge was for theadministration toresolve, not the SBA. Marc claimed that it was "incredible and , ridiculous ' that such a motion was even made, given the amount ofmoney (about $3000) spent this semester to refurbish the firstfloor lounge. This expenditure would effectively be wasted ifsmoking were to be allowed, he continued, as the carpet and rurniture wouldagain needto bede-smoked. Scott argued that, "Theburdenisclearly on the administration to come up with a solution, '' and that iftheSB A weretotemprarily allow smoking in the firstfloor lounge, the administration would cease itseffort to find a place for smokers. He also stressed the fact, as did First YearDirectorKristin Graham,that amajority oflaw studentsare nonsmokers,and that they wouldnot want to use the first floor lounge ifsmoking were allowed. Finally, PresidentBrian Madrazo informed the group thatwhen the fourth floor lounge wastakenby theadministration to be converted intoacomputerroom, they agreed to find another place in the law school for smokers. In the meantime, Brian arranged forthetemporary smoking "lounge" on the fourth floor, which is presently being removed. Briantoldthegroupthathehasbeen putting pressure on the administration to find a place for smokers since the deal was made,and will continue to do so until they keep their part ofthe bargain. The vote on Erik's motion was not surprising: it failed, 5-9. While thisresult may be agreeable to non-smokers, it is unfortunate that a minority of the student population (smokers)must sufferbecauseof thelack ofresponsibility onthe part ofthe administration toresolve the problem. Briefly, other issues withwhich the SBA will be grappling next semester include the current grading system and the new registration process. All ofthe directors welcome suggestions from their constituentsas to both ofthese issues. Beforeending this final report ofthe semester, I feel compelled to share some of mymoregeneral obsevations aboutthe SBA. As I have noted before, I have been critical ofthegroup. Yet,duringthesemester,I have come to appreciate the time they dedicate to trying to make UBLaw School a better place for students. I believe thattheir job would be much easier i fevery one took one minute to let themknow how they feel with regard to the issues on theagenda (usually postedoutside ofthe SBA office). Hey- they are our elected representatives and that's what they're there for! Finally, I would encourageeveryone to try to attend at least oneSBA meetingnext semester. It'sagreat way to become more informed, and you can't beat the entertainment! Knowing you'll be holding your breath... The next issue of The Opinion will appear on January 21,1991. (deadline, of course, is January 16) important to getas many viewsaspossible on these candidates. Remember faculty are here foratremendously long timeand willaffectthe future ofBuffalo Law for better orworse. Moving 0n... TO THE STUDENT GROUPS: Just aquick reminder that therearesome changes in thereimbursing procedure for next year. Thechanges will make the processmuch quicker but you must be aware ofthem. Stop by ifyouare unsure, andremember ifyou are aTreasurerwho failed to come totheTreasuref s meeting a few weeksago thenthe SB A will not process reimbursements until we can meet , withyou. Friday November 22,1991 was the last day toprocessreimbursement claimsfor 1991. The treasurers were all aware ofthe deadline so ifyou do not get yourreimbursement checks before finals pleaseraise cain with them and nottheSßA. Moving 0n... FINALLY: Remember, we start onFriday, January 10,1992.First SB A party on the 2 3rdand first SBA meeting sometime the week ofthe 13th. The SBA will not meet again this semester unless it is an emergency sessionand no director will be sitting officehours forthe rest ofthe semester. I will beavailable on a verylimited basis the week ofDecember 2-6 and on an extremely limited basis during finals. I would like to take this opportunity to thank the members oftheBoard for theirhard workand thosestudents sitting on the various Faculty Student Committees for their hard work. I look forward to working withyou all next semester. Good luck on Finals and I hope yourholiday season is spectacular. Until next time. �The Dilemma of North Versus South byKevin P. Collins, Staff Writer Ireland. He spoke ofthehuman rights abuses This story is not about the Civil War in in NorthernIreland and suggested that people America. Rather,itisaboutadividedcountry, read the bookfromthe Helsinki WatchReport: Ireland, and the human rights abuses that are Human Rights NorthernIreland for further in occurring in Norther Ireland. On Thursday, information. Hethen gaveway to thefeatured November 14, theHibernianLaw Society and speaker. the Graduate Group on Human Rights preRichard Lawler is an attorney in private sented feature speaker Richard Lawler. He practice in Hartford, Connecticut. He is a was introduced by Michael O'Dwyer, chairVietnam veteran whohas served in the Conman ofthe HibernianLaw Society. Michael necticut State Legislature, is a former HartO' Dwyer statedthatthe objective oftheforum ford Board ofEducation President, and is curwas two-fold: first, to talk about the eventsand rently also an Irish NorthernAid official. He issues in Northern Ireland; second, to increase spoke ofthe movement toward human rights the level of awareness and involvement in and freedoms, ofunity, peace and justice in Northern Ireland. Hehoped thatthisincreased NorthernIreland throughremoval oftheBritish awareness wouldawaken, as he coined it, the presenceand government in Northern Ireland. slumbering giantofIrish-American governHe wants to see a coming together ofall Irish mental politics to have their voice heard in people for an open democratic forum. Washington. He cited a recent poll which Mr. Lawler spoke briefly on the long found that60% oftheBritish population favor history ofthis struggleand oppression ofthe withdrawal ofBritish troops from Northern Irish people. In 1918, following the uprising of Open Letter from Faculty on Research & Writing Program To the first-year student?: Over thepast several months, considerable agitationhasarisen overtheResearch and Writing instruction forthe current first yearclass. As faculty who are planning to teach an R & W section next spring, we would like to say a few things to clear the air. First, we volunteered to teachthis course because competentresearch, analytic, and writing skills are importantfora lawyer getting started, and beginning to develop those skills in the first year makes good educational sense. We are dedicated to and , enthusiastic about this enterprise. But, let salsoremember this schoolprovides many different opportunities to developthese talentsthroughout the three years, in clinicsthat deal with complex legal issues, in seminars, workshops, and independant study, and in a numberofcourses that require morethan the usual examination. Second, while notall of usare specialists in Research and Writing pedagogy,we allhave had extensive personalexperience in doing research, legal analy sis, and writing, and inteaching courses involving student writings. As academics, we are constantly called upon to evaluateand critique writings. Our experience and sensitivities in these matters are well-tuned. We also know that awareness of the latest pedagogical techniques maybe lessrelevant to successful teaching thanthe ability to inculcate in studentsthe standards thathave internalized for our own work. Third, the program we are replacing involved teaching by lightly-supervised, moderately-experienced law students with problems that generally did not require exhaustiveresearch. Thougheffective for manyfirst-year students, it scarcely deserves the acclaim some critics ofthe new program have granted it. It was a good program; the instructors were dedicated, serious and often effective. But itwas not eitheran ideal program or one that could not be improved. In fact, in our eyes, having experienced faculty as teachers constitutes improvement. Fourth, theessence ofgoodteaching begins with thefaculty members understanding the learning needs and capacities oftheir studentsand designing theirteaching and feedbackaccordingly. We don'tneed guidelines,acheck-list ofessential features or a watchdog committee to help us. In fact, to haveoutside influences intruding between teachers and students is extremely risky and can be downright destructive. We understand and empathize with some ofthe concerns in the recent SBA Committee report and will, whereappropriate, make them our concerns; but quite frankly, each ofus as individualinstructors teaching our own materials and inour own style will have to work with our students instructuring the course-not with an outside committee. We are confidentwe will help our students build goodresearch, analytic, and writingskills. Ifweweren't.wewouldnothavesteppedforwardto teach. Bythesame token, we know that at the end ofthe semester, we will all have ideas about how to improve the course. In that respect, thiscourse will notbe differentfromany others that weteach and constantly adjust and improve with each succeeding effort. All we ask now is that our students next semester enter our courses with an eagerness to work and learnand withoutimpedimentscreated by unfounded alarmsand premature criticism. Thanks foryour consideration. Best wishes, Lee Albert Barry Boyer David Filvaroff Lucinda Finley Alan Freeman Thomas Headrick Virginia Leary Janet Lindgren Betty Mensch 1916, a British (not Irish) administered electionwas heldand 80% oftheIrish people voted for onefree Ireland. He mentioned the situation of Joe Daugherry, who is in prison in Americafor political, not legal, reasons at the request ofGreat Britain. According to Mr. Lawler, the United States will not-allow a Sinn Fein (an Irish political party) spokesperson into America, butwill allow drug offenders,racists, murderers and known terrorists within its borders. Sinn Feinis a legal party in NorthernIreland, but the British troops harass party members, beatthem,andevenmurderthoseelected. Sinn Fein is allegedly not allowed on the airwaves or into talks because it will not openly renounce violenceand theIrishRepublican Army (IRA). There isevenabill in theU.S. Congress toprohibitlrish borncitizensfrom speaking in America concerning humanrights abuses in Northern Ireland, by penalty ofincarceration or deportation. Hecited Dr. MartinLuther King's statement that ifone person' shumanrights are violated,all ofour humanrights are violated. IrishNorthernAid runs programs where people can spend two weeks in the summer living witha family in Northern Ireland. Mr. Lawler told ofhow he has been in Northern Ireland and haswitnessed people murdered at hisside, good friends shotatpointblankrange with plastic bullets. He wants people to realize that this is a totalitarian, despotic, militant, Nazi-like state in Northern Ireland. The British soldiers shoot at young males, ages 16 to 21, at close range with plastic bullets that travel at over 100 miles perhour. Mr. Lawler referred to the judicial system as kangaroo courts used to convict people thatthe British want to getrid of. Sinn Fein wants to start peace talks Sandswith more votes thanMargaret Thatcher everreceived. Yet the American and British governments will not allow them into any talks. Mr. Lawler had the pleasure to spend some timewith Scan Mcßride, the founder of Amnesty International, who encouraged him to stand up for human rights. Mr. Lawler stressed the notion ofrecognizing the tactics used by theBritish as illegaland for theBrit ish to leave Northern Ireland. He called for the Irishand Americans to demandhumanrights in Ireland. Part of the problem described by Mr. Lawler is the lack ofAssociated Press and United Press Internationalcorrespondents in Northern Ireland. The British ban on such reporters leaves all news releases in the controloftheßritish. Mr.Lawlerendedhisspeech by strongly stressing thehope thatpeople will beactive in Irishrights and inall humanrights. An informative question and answer session followed where Mr. Lawler expressed his belief that the Republic of Ireland (the South) could incorporate Northern Ireland. A student suggested thatperhapsdiscontentment withIRA tactics is leading to apathy in Southemlreland. Mr. Lawler responded thatapathy leads to subservient feelings as in the slave- master relationship. Mr. Lawler closed by statingthat, as o fno w, thereis no international pressure on Britain to resolve the matter and that the British claim that this is an internal matter. The answer to the Northern Ireland situation may be found here, through international pressure and United Nations intervention Llntil such time as an answer is found, human rights atrocities continue in Northern Ireland and a nation stands dividedinto North and South. . aimed at human rights. They elected Bobby LALSA Latin American Food Festival LALSA thrilled famished lawstudents and faculty withanother v Latin American lunch-time fiesta this past Wednesday. LA ica throughout from Latin Amc. members brought traditional dishes and madethem available by the plate full. Anyone willing to part with thenominal $3 fee was treated to a variety ofvegetableand meat dishes. In addition to the many students takingadvantage of this opportunity to enjoy an edible lunch, Dean Filvaroff and Professor Schlegel stoppedby to grab a bite. The monies collected from this fund-raiser will be donated to the International Law Society for next semester's conference. Give Blood John Henry Schlegel November 25,1991 The Opinion 9 �Coming of age in the 50's with Rex Imprimatur Captain'sLog: 11/03/91 There is a large vessel wallowing in thetroughsofthe high seas. Aheavily laden craftthat has grown too lax for its own good, riding low in the water and forever cleaning its bilge, the U.S.S. Democracy sailslike a stuckpig. Aporcinecrew isforever despoiling the ship in aravenous feast that guts the supplies and leaves the empty hulk to search thewaters forprey too ineptto getout ofthe Democracy's plodding path. The ship isan affront to its former self. Surviving on its former glory, the ship only overcomes obstacles it carefully selects for maximum effect. Watching the decline of this once proud steamer weighs heavily uponmy heart. The captain of the ship, a certain Woody Maine, hasn'tbeen seen outside of his own mess in thepast fifteen years. That was fora voteofconsciencethat gripped the entire Democracy after a near brush with that nefarious marauder Tricky Dick Nickson. It was only by jumping immediately into a bout with turn of the century romanticism thatthe Democracy wasable to salve itscommunal conscience by choosing someone everyoneknew wasn't fit for the job. The Democracy immediately rectified that error and voted itself a moratoriumonmoralsand mortgaged the future for aten yearnon-stop Mardi Gras. But the ship had begun to founder and lo' it sprawled into my contemplation in a fat and petulant humor. My crew itches for the opportunity totaketheship forall itsplunder. Although the ship has been neglected it is still a tempting prospect, forifhalfthe fablesofits riches are true, should we succeed intaking the ship we'dbe sitting pretty in Patagonia inside a fortnight. Using extensive sea charts for reference Iplotted an interceptcourse for the sea cow, or manatee as the crew had come to callour object, and prayed forgood weather. There could be bloodshed for thefirst time in adecade on the bow ofthe Democracy. Captain'sLog: 11/05/91 Therehavebeenrumblingsbythecrew that the support shown the manatee have robbed the ship ofitsvigor, making itscrew too lethargic to support an active vessel on the merchant waters. As the captain ofa ship thatsurvives on plunder I know thatthe Democracy cannot afford to maintain the habits of a wastrel on a spendthrift trust when it destroys morethan itretains. Today themanateechanceduponthe luckless ship identified as the U.S.S. Populace. In a gesture that is as old as sailing itself the Po/w/rtceofferedlittleorno resistance as the top-heavy Den/ocracv stripped thelargerbut unorganized schoonero fits prideand engine and left only the figurehead standing onthe bow. Restored to its former position, the DfwiocracvpaidtheFo/Jwtocenoheedandin fact,ran over some ofthe unfortunates that were being towed behind that ship. It is a phenomenon that works in cycles, withthe Democracy requiring an act ofself-immolation by shipsas disorganizedas thePopulace every two years,and the Populace swearing that for the nextattack, it will be ready. I have often heardthe selfsame rallying cheer and it is fittingly called the "Battle Cry of the Losers." Captain'sLog: 11/06-08/91 We've put into port at James Bay of Fundraising. I ventured to the lop ofJimmy Cliffto insurethat there will be no unseemly interruptions of the R&R I had given my crew. Whileon thelookout fortroublenews reached me that a competing ship had letits crew onto the same port for a similar but lesser known rest called R&W. Through my telescope I could see a lean figure trying to directagroup ofstrong minds connected by weak links inasequenceofinstructions. The motley crew was jumping throughaseriesof hoopsundertheencouragingshoutsof "Isn't this challenging?'' and "Job offerscome to unique people!'' and' 'Who said this isn'ta designated smoking area?" Moreoften than not the crewmembers became bored at the gameand tried to wander insearch o f gainful instruction. I recognized the leader as the White Plumed Profit, a man ofunique stature and otherwise moderate talent. Hewas tryingto create support for his rigorous program of mental calisthenics consisting ofreading and then talking about thereading followed by smallgroup' 'warm-fuzzy sessions, but thelistlessness in hiscrew was evident even from my own distant vantage point. After severalhours ofvainly trying to inspire his wards,the White PlumedProfit drovethem onto the dock and one by one cast theminto the lagoon in a sink or swimlesson. Unfortunately, thelagoon waspopulated by hungry sharks clad in ivy who were more adept at maneuvering in the crew's new-found environment. Itbecame abloodbath. I immedi- ately checked the end ofmy telescope and found a leaf on the lens, so those sharks couldn't have been in an Ivy league, if you mind-numbed individuals can guess my meaning, so I rested easierthatnightknowing I wasn't suffering from hallucinations. "Man in the Moon" by Renee Walner The film ' 'Man in theMoon ' 'marks the latest entry intothe "coming ofage duringthe fifties" genre,and though well-intended, ultimately falls short in emotional resonance. ' 'Man in the Moon tells the story ofthe 14-year-oldDani whois on the verge ofbecoming a real beauty. Dani(ReeseWitherspoon) feels sheis inadequate when compared to her beautiful older sisterMaureen (Emily Warfield), whom she deeply admires. Dani is aware of , Maureen s poise and confidence andregards her sister's easyrelationships withboys with amixtureofenvyandwistfulness. Love seems to be especially on young Dani'smind, perhaps incited by longhoursof , listening to Elvis crooning. It'snot long before sheconsiders herself in love witthenew goodlooking 17year-old, Court(JasonLondon), who moves nearby. Dani is unconcerned abouttheir agedifference, though Courtis certainly aware of it. Their acquaintance develops into a friendship, though Courtis uneasy whenDani shows signs of thinking it is more. Things tional Law Students Association, theAmeriThe International Law Society (ILS) is can Society of International Law, and the N.Y.S.B.A. and theA.B.A. International Law concluding thepreparatory arrangements necessary to host an International Law Conference and Practice Sections. at the SUNY at Buffalo School ofLaw on ILS fund-raising effortshavebeen very February 28thand29th, 1992. The tbcusofthis successful thus far this semester: a Ford conference will be the internationalization of Foundation Grant has beenappro ved for over the law, emphasizing the practical realities of $2,000.00, Sub-Board I, Inc. has accepted a conducting business on a transnational level. proposal to make available a donation of Primarily, it will provide an overview ofthe $ 1,000.00,theCanada-U S.Legal StudiesCeglobal marketeconomy as well as specifically ntre has agreed to sponsorthe Keynote Speaker, address current issues regarding the interna- LALSAiscontributings3oo.ooand the Hibertionalcommunity. The conference program nianLaw Society is donating at least $ 150.00. will consist oftwo day s ofpanel sessions and Any otherstudent groups or organizations inworkshops,severalreceptions, aclosing din- terested in the funding aspects ofthis conferner, and an AmericanBar Association presenence should leave a note in mailbox #38 or tation on career possibilities in the interna#204. tional legal arena. Registration tables will be set up in , The National Hispanic Bar Association O Brian Hall early next semester. There will has joined forces with the ILS, and although be aregistration feeofS 15.00 forUB students, they will be running a separate program, both with aseparate fee fortheclosing dinner. The groupsare combining theirefforts lo enhance registration fee will include two receptions much ofthe already established agenda. The withrefreshments, two coffee breaks, one conILS is also working closely withthe Interna- tinental break fast, entrance to all ofthe panels 10 The Opinion November 25,1991 other. The film becomes even more predictable when one ofthecharacters suffers atragic accident. This incident is an example of blatantplotmanipulationand seems contrived and overwrought. The end result lacks any genuineness. However, the film may have a greater effect on younger audiences, as was cvident by the uncontrollable sobbing ofarow ofteen-age girls duringthe movie. "Man in the Moon "does a fine job of eliciting strong performances from the actors, yet it seems like it would have been more effective as a short story rather than a film. Though the film effectively establishes its' premise, the interaction between the characters seems to never go beyond the surface. 'Man in theMoon doeshave acertain gentle, laconic appeal and marked the debut of anumber offine young actors, most notably Reese Witherspoon and JasonLondon. ' Dark Marbles Roll WhereThey May byKevin P. Collins, Staff Writer The setting was Friday night, or more precisely, early Saturday morning, November 8th, atthe Continental, located at 212 Franklin Street. The curtain rose and on stage was the three-piece band, Dark Marbles. The Dark Marblesline-up includes first yearlaw student (stage named) Yod Crewsy, as lead vocalist and guitarist,and Pete Dißiasio on bass, with brother Dave Dißiasio on drums. From the opening song until thelastencore, the crowded dancefloor teemed with swayingbodies trying to keep up with the music. Those swaying bodies included a number ofUBlaw students, mainly first years (those ofus who know Yod's Ycxl isa former memberofThe Jacklords, a band that opened for Roy Orbison and also played theUß SpringFest in 1988. Theopening act for Dark Marbles was The Huge Hefners, also a three-piece band, who played some inspiring music as theyraced across the stage in their satin bathrobes. Despite rumors that theirbass player is leaving town for the West coast, Dark Marbles will undoubtedly reappearin the nearfuture. Along thelines ofthat rumor mill, ithas been heard thatanother first year law student at UBwill join the band to fill real identity). The Dark Marbles, an independent and self-promoted band, are led by Yod Crewsy, who recently appeared at the SBA Halloween Party as Devo, and was later seen attending Civil Procedure class as himself. Yod describes the band as abasic rock trio that plays original music. When the powerful threepiece band is not playing originals, they do coversof such groups as R.E.M. Yod further classified theband' ssound as good alternative music; they are guitar-based with no synthe- TheyMay. the vacant bassplayerposition. Whateverthe case may be, Dark Marbles will do tomorrow as they didyesterday-Dark MarblesRollWhere ...Pozner continuedfrontpage 1 everything will befine. Butit's worse. There is rationing in Moscow, the first time since World War 11, and the feeling is the rest ofthe world doesn't care.'' Pozner called for economic aid at all levels tosee Russia through the winter and beyond. He said that the Soviet Union is essentially dead with the various sizers or drum machines—a fresh return to original sound. The Dark Marbles' musical influences include The The, Velvet Under- republics declaring their independence but ground, The Whoand TheJam. that Russia is still the largest nation in the world and one of the richest in natural resources. With a sense ofinevitability Pozner stated that Russia will become an economic superpower as it once was militarily and that the people won't forget thosewho aided them Pozner andworkshops and printedcareer information. during their moments of hardship. sent by to the items personal asked foraid akin A detailed conference agenda will be availWar to directly II Americans World during able early next semester, watch theILS bullefamilies. "The world, especially Russian tin board forupdates. to it cares. From now In addition to the panels, the ILS is proposing America, has show that time for Russia." to March is the decisive a graduate symposium toaddress the need for thattheRussians may become Pozner claimed educational reform with respect to internathey so discontent that would elect a fascisttional studies and programs. The ILS will be "We presidency. individual into the leaning accepting research papers on this subject until David Duke in Russia. Just as have our own February 7,1992. Papers that are submitted if not more so. He received 9 million will be sent to a selection committee which scary, votes the last national election.'' in will determine thosepapers to bepresented at Pozner related a conversation he had the Conference. All ofthe submitted papers witha whom he termed' 'educated.'' person will beavailable during the Conference, and had been They talking about the worsening the papers that are presented will be entered situation in Russia and the individual had intoa competition forpublication in theInterit a termed Russian problem that had to be national Law Journal that is currently being worked out theRussians. Poznerresponded by formed at LIB. Please submitpapers to: 'countries are not like ship or fish. They that' International Law Society or don't go belly-up. They don't sink swim. School ofLaw, O'Brian Hall Russia can survive--and They theyremember. SUNV at Buffalo Amherst Campus It upon way. either the rest ofthe go depends Buffalo, New York 14260 world." (716)636-2781 Mr. Pozner appeared on campusas part ofthe Distinguished SpeakerSeries sponsored by Don Davis Auto World. Putting Buffalo on the Global Scene byJoi Carey change when Court meets Maureen and both characters feel an instant attraction for each �After Distinguished Career, DelCotto "Slows Down" by W. F. Trezevant, Staff Writer In attempting to write this article, I found myself inaquandry. Namely,howdo I begin to compartmentalize in words a profile ofa man whose legal career has spanned four decades? How do I take into account the enormouscontributions to the legal profession, tax law. and get away from the sometimes harsh wintersofBuffalo. He intends to spend some time playinggolf,''eventhoughl'mnotverygoodat it.'' Indeed, aftera combined career inteachingand practiceofover forty years, Professor , DelCotto s decision is timely. He first joined theLaw School faculty whileapractitioner,asapart-timeprofessorin 1951 and becameafiill-timeprofessorin 1961. His subsequentcontributions to theLaw School canonlybe describedas monumental. To his credit, Professor DelCotto was on the first Editorial BoardoftheBuffalo Law Review. In akeynote address in April ofthis year, onthe fortieth anniversary ofboth theLaw Review and his tenure here at theLaw School, ProfessorDelCotto reflected,''[I]twas sort oflike onthe-job training.. .there were 18 notes and comments by students in that first Law Review -an outstanding number of notes and comments. That'sasgood as itsgoingtoget...itwas anauspicious start." Now,asweallknow,fromthat firstissue send-off, theBuffalo Law Review and Professor DelCotto have risen to national prominence for well considered and scholarly articleson various issues inthelaw, particularly referred to at the outset ofthis letter. At the least, we wouldurge thatthe Courtmake clear, by footnoteor otherwise, thatthe assumption made in those statements is not an indication thatthis Court is ofthe viewthat thelower tax bracket child rather than the higher bracket parent is taxed under the income tax on the income earned on an interest-free demand loan.'' The point ofthat letter was simply to assisttheCourtinmaking "good,quality law" forthe nation. Additionally, there is the case ofTufts v.Commissioner.46l U.S. 300(1983)inwhich the Supreme Court cited another article by Professor DelCotto contained in the Buffalo Law Review on the issue of'AmountRealized , and Basis ' for purposes oftaxation under Section 1001 ofthe Internal Revenue Code. , The Court, in this case, cited DelCotto s article but then stated thattheir analysis ofthe issue is differentthan theanalysis contained in the article (a difference Professor DelCotto has difficulty perceiving). Nevertheless, DelCotto was once again assisting in the development ofsoundtax law. Both ofthese events are indicative of , Professor DelCotto s tenure here at the Law teaching a two semester, threehour course on tax law. And as our nation witnessed "the For example, there was the letter written by Professor DelCotto andPro lessor Joyce to the Supreme Court in February of 1984 in which they took issue with some ofthe Supreme Court' slanguage in the case ofPickman v.Commigsioner.52U.5.L.W. 4222 OJ.S; Feb. 22,1984). In that letter, Professors DelCotto oftaxlaw,andthedevelopmentofall thestudy those around him, students and colleagues and Joyce outlined theirreasons for concern alike? Finally, how do I, in the few paragraphs over three statements contained in the high that follow, express the deepadmiration and Court'sopinionwhich,' 'could makeDickman gratitudeofthelaw schoolcomm unity fortliis a disasterrather than avictory forthe Governman'sservice over theyears? Perhaps a simple ment" concerningthe taxability ofintrafamily thank you and best wishes for the future will interest-free demand loans. This letter was laterpublishedasan article in theBuffalo Law suffice. the Professor DelCotto,at conclusion of Review. As the conclusion from that letter thissemester, willbe in hisown words,''slow- states,"... we would urgethe Court toremove ing down " inorderto providefor more leisure from the Dickman opinion, before it is pubtimeto relax, spend more timewith his wife, lished in the U.S. Reports, the statements — proliferationand complication ofthe tax law, Professor DelCotto helped develop the specialized courses on thevarious aspects oftax law and policy. The tax program is one ofthe Professor DelCotto, a ÜBLaw alumnae, has taught tax law at ÜBLaw since 1951. Photo courtesy of UB Law Alumni Assn. School. Professor DelCotto has always been one to assist in the development ofall those around him. During the celebration ofthe fortieth anniversary ofboth theLaw Review , and Professor DelCotto s tenure, Professor Joyce said that [professor DelCotto is] a person who was willing to give ofhimselfas muchashedid." InaninterviewwithProfessor DelCotto, hecommented by saying thatit gave him great pleasure to' 'watch thedevelopment ofhiscolleagues, students as wellas himself' through the feedback from interaction with people. However, Professor DelCotto did not limit his activity to the Law Review. He likewise orchestrated the developmentofthe nationally reknowned U.B. Law School Tax Program, which is unusually extensive for a law school program. He started when hefirst came to the Law School as a professor by mosthigWyregarded programshere attheLaw School, with many ofthe students completing it. This next semester will mark the first time inmany years that Professor DelCotto has not taught a Springsemester course in tax. He will be back for the Fall semester of next year. In fact, Professor DelCotto, when emphasizing thathis decision is not a retirement but merely a' 'slow-down,'' commented, '' I like teaching too much... ithasbeenapart ofmy life for so long. Teaching is, along with theresearch and writing aspect, one ofthehigh points." AsthestudentswhohavehadProfessor DelCotto in class know, he is a vibrant, engaging and demanding professor. His approachisoneof" reading withaneyetowards questioning and evaluating what you read. He stated, "no one is more critical than I any lawyer worth his/her saltreads with an eye towards criticism. And that is why I teach by goingright tothesource, and constructively discussing what the law says and what thelaw ought to say. Teaching thelawthrough critical analysis of legal doctrine" requires students to read closely and fully understand the law not only as written, but whether it makes sense economically, logically, and in terms ofpolicy;whichis whatany good lawyer , must do." As Professor DelCotto s former students demonstrate,he has produced many ' 'good lawyersparticularly in theareaoftax law. I began by asking how do I begin to do justice to ProfessorDelCotto' s legal career. I now ask how do I endknowing thatthesefew paragraphs are at best incomplete? Perhaps a heartfelt "thank you, best wishesand seeyou am.. around Pro fessorDelCotto." Girth Becomes Dean at Georgia State Law School by John B.Licata, Editor-in-Chief Professor Marjorie Girthhas accepted theDean position at Georgia State University School ofLaw inAtlanta beginning in January 1992. Professor Girthhas witnessed dramatic changes inthe legalteaching profession during hertwenty-oneyearsatSUNY-Buffalo School ofLaw. Initialrecruiting by Georgia State was interpretedby Girth as further examples ofthe " Southern hospitality " thathad beenlavished uponher duringher stay at Emory School of Law. '' But, they soon told me thattheir dean was leaving in June 1991 and they wanted me to become their new dean." Girthexplained that during the recruitment process she had unanswered questionsand discussed themwith the university president who replied, according to Girth in her best southern drawl, ''Marjorie, wehaveoneaimhere: thatyoube happy." Girth added, "that's a refreshing administrative approach. Describing her professional evolution into education, ProfessorGirthexplained that she had intended an international diplomatic careerbut wassidetracked by privatepractice, which she had no intention ofdoing. From private practice Girth went intoresearch, not intending to go into education. '' It was a time when afemale could work in thelaw school, in the library,ifyou had librarian training,'' said Girth in atone that didnot diminishthe efforts oflibrariansbutclearly showed how unacceptable the situation had been. Afterashortterm as Associate Dean at ÜB, Girth had no intentionofbecomingdeanofalawschool. "Along with deanofthe medical school, those twojobs are the toughest at auniversity because ofthe combinationof dealing withprofessional faculty and a university administration," said Girth. However, Girth'scareer path has once Professor Girth, the first woman to receive tenure at UBLaw, leaves for the warmerclimes of Georgia. Photo: Michael Radjavitch again turned her toward an area she felt she could dowithout. Her goals for the student body include an environmentwhere students feel 'creating ' consistently well served and the faculty is encouragedtoproduceaconsistentlyfinequality product.'' ProfessorGirth was careful to statethat sheisn 'tleaving UBso much as going , to GeorgiaState, "I veenjoyed the students at this university. In fact onereason I agreed to go to Georgia State is thatthe students there remind me ofthe students here at ÜB." The law school is approximately ten years old and theopportuniry to provideherguidance at such a critical stage in educational development has proven to be too much ofa temptation to working a few years then moving on due to Professor Girth. Girth described her educa- financial demands ofgrowing families, quest tional philosophy that "law schools should forstatusandinsistentdebt. "Rhetoricoutruns encourage thekind ofcurriculumdevelopment reality when commitment to public service is concerned. The students here have a dedicathat is forward looking and notstatic.'' Pro fessorGirthpointed to thepresenthigh-profileof tion to public interest work," but a lack of environmental law and international law as support consistently prevents continued eftwo areas that werebudding in the 1960sbut forts amongsta majority ofstudents. Dean Filvaroff commented that, haveoutgrownexpectations during the 1970s and 1980s. Girth'sprediction forthefuture is "Marjorie Girth's departure is a significant that schools will have to expand their treat- loss to the law school. Her contribution as a ment ofwhat shetermed "ElderLaw," which teacher, scholar and colleague are manifold. is experiencing considerable growththrough Wewillall miss her,and ofcourse, wishherall the very best in Atlanta." One law student demographics but notreceiving commensurate attention in the law schools. commented thatwithGirth'sdeparture, "contract law at this school has essentially been Commenting on the trends in legal edueviscerated. I'mupsetthatthisschoolis losing cationshe findstroubling,ProfessorGirthcautioned against too much reliance upon comaprofessorofhercaliber. She'saprofessorwho putersearcheswhendoingresearch. Since the isrespected by the entirestudentbody. That's nature ofthe computer search is to conduct as rare. Too rare." narrow a search as possible to prevent too many Professor Girth has always been redocuments from being retrieved itconstricts spected forher integrity,consideration ofstuthe creativity ofthe reasearcher. "You are dents, dedication, and quiet sufferingoflessdoingresearch according to assigned labels than-dedicated students. Ironically, it is for developedbysomeoneelse. Thisimpactonthe thesereasons that she has beenrecruited and will no longer grace the halls ofÜB. legal profession may not be beneficial,'' explained Girth. The computer search shouldbe used to augmentan individual's research but notcontrolthescopeoftheproject. Inaddition, Professor Girth expressedregret that the finanCongratulations cialrealitiesoflaw school produces a considProfessors Girth and erable debt on the graduate, diminishing the appeal of public interest work. "While our DelCotto!! students are in school thereis a commitment, There will be a wine and by many, to public interest. But the combinacheese party in their tionofdebtand therepetitive nature ofpublic interest work creates a gap the students aren't honor on preparedto meet," saidGirth. Shecommented December sth (First that public interest work, while of extreme importance to the individual who needs aid, Floor Student Lounge.) has a high "burn out" rate with attorneys November 25,1991 The Opinion 11 �Recreation and Intramural Facilities Survey & Comments I ast week the SBA conducted an informal survey ofthe student body to determine usage oftherecreation and intramural facilities located at Alumni Arena on the North Campus and Clark Gym located on the South ('ampus. Eachmailbox was stuffed with acopy o fthe survey reproduced below on Thursday November 7,1991. The survey ended on the following Tuesday at4:oop.m. Obviously thereis no way to ensure that no one "stuffed" the depositbox either waybut the results ofthesurvey should provide this Board with some raw dataas to roughly how many people usethegymand thefeelings ofthestudent bodyregarding the use ofrecreation and intramural facilities. Our survey, when coupled withthe results ofthe survey conducted by R & I during the last week of October, will giveusafairly accurate picture ofhowmany law studentsusethefacilities and COMMENTS: What follows is a survey ofthe comments madeby thoseresponding. YESComments 1. Don't cut the funds you out of shape &% As#**(( 2. $4 per student is virtually nothing in comparison to thewonderful opportunities that may await eachand every law studentthat may meandertoAlumni Arenaor Clark Gym. Youcan work out or simply watchthe babes doaerobics!! Don't giveus the $4 backand don't use it for those Federalist handouts. 3. The use of the facilitieshasbeen a big plus in an otherwise "no frills'' education. A good sanity preserver too. 4. Are there any organized law school intramurals? Basketball, Softball etc. 5. Ibelieveweshouldsubsidizeuseofß.ee. Equip. 6. All Law Students should be forced to exercise, preferably for credit. 7. Igo6x/wk. 8. I always see law students at Alumni when I'm there(3-4x/wk) Even ifyou don't get much ofa response fromthis survey, I know that law students use both gyms. 9. We don't need another separate fee, SBA shouldpay forthis! 10.Therecreationalfacilitiesarea Vitalpart of the Law School atmosphere and should be funded accordingly. 11. IfSßAdoesnotpay thisnominalamount ofmoney. Itwillcostmemorethanlcanaffordto pay to sue Alumni. 12.1 use AlumniArena more than I dothe Law School. I'dbe very upset iftheLaw School ceased paying to the use ofit. 13.Use oftheAthletic Facilitiesisan essentialpart ofa graduate education. Theability to use thatgym freely is a very well spent investment by theSBA. InadditionLaw school teams compete actively theintramural sports, including soccer, basketballand volleyball. 14.Don'tcut funding! Please! 15.11ikemygym. Hike towork oul and then take a good steam bath. Then, without taking a shower, I get dressed and return to class.(editors comment-Worldclass Comment) 16.IliveintheGym.Don'tcut the funding. 17.Do notcut funding! 18.It is the only timeI value for mymoney. 19.1 usegym everyday and I wantto keep on using so don't deny the privilege. 2O.lusethegym 5 daysa weekreligiously! Please keep paying the$4 per student.! 21. For a schoolthis size, thefacilities are sorely lacking!!! We pay student fees for the facilitiesbut westillhaveto pay $1 for alocker even ifyou are going to sue it only for an hour or so. If you wantto use theUniversal equipment youeither haveto rent a key forthe day (. 50) oryoupurchase one for $5. Where are activitiesfees going? 21,CleanitUp! 22. Please getrid ofFee. 22. The decisionto charge for lockers is not awelcomeone. 23. Howmany timesIgoto the gyma month dependsontheamountofschoolworklhave. The numberlhavecirclesforquestions#3ishowmany times a monthI would liketo go. 24. SA shouldnotbeallowed to arbitrarily raisetheLawSchool' s contribution/All students undergraduates or graduate shouldpaythe same, whether or not they use thefacilities more or less thanothers. 25. Use ofathletic facilitiesis very important, besides being one of the only services we get at UB- please continue to provide access. 26.1 do not wantto haveto payeach time I go! 27.1 only gothere whenI can't gohome to use my ownweights and exercise equipment. 28.1 hopethisreally is a surveyand notan attempt to getrid ofthe Alumni fee in aneffort to save a nominal amount ofmoney. Alumni Arena is the only good thing about going to UB Law School in terms ofvalue. We get shortchanged in memo in the back ofyour mind for the beginning ofnext semester. I hope to have more to report atthe meeting as I am meeting with the R&lBoardofDirectorstoday all :30p.m. See you at the meeting. RESULTOFS HE URVEY: alllaw students. 8. Keep ourpayment the same or less! 9. lam a memberofthe V and do not use campus facilities. 10.Although I don't use thegym now it is nice to haveitavailable. 11.1 don'tuse itat all & never will. I'dmuch rather the $4 be allocated to a more critical area, such as libraryhours beginning before 8:00 am or morecomfortableclassroomseating, etc... 12.Absolutelynever, I wantmygoddam $4 back! 13.Although I don't use thefacilities often I likethe factthatIcan use themwhenI want. lam reasonably athletic (i.e. I swam competitively in college)and knowing thatI can get in and use the pool anytime isa great comfort. 14.Note-Iwouldprobablybem oremc 1ined tomake use ofthe facilities ifl werenotcommuting from the Southtowns (25 miles). After class & work I do not come backup to Amherst. 15. Commute to UB from Rochester. 16.No time.always studying ordoingsomething related to O'BrianHall. 17.1endorseuser fees why shouldI ha ye to pay to subsidize other people'scost ofgymfacilities. 18.1fyou cansave money-mymoney-then I'm in favor ofyour doing so- irrespective ofthe service ifitis otherthaneducation in (squiggle). 19.We're paying $4.00! Gosh! 20.Good idea.Let's put this money elsewhere. 21. Though I don'tcurrently use these facilities, I wantthemtoremainavailable tome-please continue to pay. 22.Neverbeento the Gym. Don't know where it is. Send my $4.00 Back. 23.1haveneyerusedanyofthefacilitiesof the gym. 24. Although I myselfneverhave the opportunity to use theR & I facilitieshere I think it wouldbea bigmistake torestrict theotherstudents' use. $4 is not that much for everyone to pay. 25.1 used to use it,but it was always overcrowded and times inconvenient, particularly the pool. 26. NeedbetterPool Hours. YES-196 1. Did you use the Gym at all? NO-22 Ifyes,whichgym(s)doyouuse 2. ALUMNIARENA-182 CLARK-i 3. How many timesper monthdo you go? 1 time -U 2 times 2 3 times -1 4 times -19 5 times -2 6 times -Ifi - 7+times-122 4. What isthe purpose ofyour visit?check all thatapply Jogging<8 Pool- SL Volleyball12 Racquetballfi Aerobics8 Intramural: BasketbaUM Hockey2 Softball2 5. Length ofVisit? 1/2hour orless 4 . 12 other than staying at thertatus quo. I know this is a lot to handle at this time ofthe semester and realistically I do not expectyou to doallofthese oreven any o fthese things this semester. But please keep this how often law students use the facilities. Irecommend that each ofyoulook at theresults, read the commentsofmany o fyour peersbothproand con, study theresults ofR & I's survey which I will get to you as soon as I receive itand talk to your constituents. Secondly Irecommend that wehave atown forum on this issue next semester tohear the viewsof the students. Lastly we must consider the possibility ofareferendum to ratify any action - M t by Herbert yo3&n \f. 4 withthe opportunity touse AlumniArenaand Clark Gym. Perhaps the SBA should try to organize things for law students to do there- we are not the most fit groupofstudentsyou couldfind. And as they say you can't have a healthy mindwithout a healthybody! P.S. I do not watchthe so-called '' babes'' do aerobicsnor doI support this activity. 2. Ifindividualswanttousethegym,they shouldpay a fee. All studentsshould not beforced to pay for thefew people who use the gyms 3. Thosegyms are simply too foraway and too crowdedwith undergraduates. Asour society becomes more health conscious we need more athletic facilities thatarecentrally located. 4. Because the weightroom hereis usually overcrowded I go to a private gym offcampus. 5. I used thegym 1st semester, butfound thehoursfor the pool inconvenient & the weight room overcrowded. Also, I live downtown. 6. Why not an exercise/weight room in O'Brian Hall? It would provide a place to get exercise without havingtojourney forhalfanhour toan overcrowded gym? 7. Eventhough I do not usethefacilities I am willing to pay my share so that they are opento , //?<£ J*/-* 0/?<S> jW "Tnmy opjnhn,yc*4 JMsf con f teeter fee simple absolute. IIjLF7 U*»L_J mM _ ty I "If free speech offends y<sw, +hen FUCk OFF] 11 The Opinion November 25,1991 f( Mens reg? Yes way I" ,1 " * " *^^S£m& ejgj^P^ <* ~~\ ", "Nqlisenze causes I'm sorry to say." uwvL/ \ \i / // &'/ / f# 25~6- CONTRACTS Shirley Rtshshead (Witt-TORTS y tj" f . /\\ IH\ Ly®) OurntfßS CONDENSED LEGAL _// )m PROPERTY Charles Foxmasher \ . presents CJ~( # {88 Jr hearsay, butnever knew 5 . by jSA?C «nere>sc,ruleapms+ 1 Publications , /Jf I #3/7-£VIDrVC£T> 1 4Z 44 VoUeybaUSoccer- everything else. Leave us our superior athletic facilities for $4, please. 29. Ruinmy unlimited use ofthe facilities and I' 11be very depressed 30.1don'tgettothegymorpoolhereatthe University as oftenas Iwould likewhenI use my localCommunityCollege facility-1 pay 52.50 with my U.B. card When I go to a private pool I pay $5.00 each visit. $4 per student for the entire semester would soundlikea whaleofa deal to me and a privilege I would hateto lose. 31. Pleasedon'tsever ourtieswiththe gym. I could not affordto pay on my own and thegym is my source ofrelaxation! 32. Whateveris fair is what weshouldpay. 33.1t'sworth$4a personfor the use ofthe gym & tomake us acohesiye part oftheuniversity. 34.Youbetternottakethisawayfromus. Or you will never hear theend ofit! 35.Keeppaying! NO Comments: 1. Whileldon'tworkoutinAlumniArena becauseitis always togcrowdedI doparticipate in theIntramuralprogram. I donot believethatpaying $4 perperson is unreasonable-infact I believethat theSBA shouldcontinue toprovide law students A<SOtWr g> WeightRoomBasketballExercise EquipSteamRoomStairmaster- f( f\ sfahJsfor dori-r ask why." /i?%~L <M B w ///»/ �An Interview with Professor Jeff Blum Q:What hasbeen happening withyour litigation against the university? A:Therehasn't been any answer yet in either court. But there are motions to dismiss the complaint. Q:On whatground? A:For being too detailed and too vague at the same time. They'reusing Rules 8(a)(2) and 8(e)( 1),things we don't usually botherto teach in civil procedure class because courts don' t like to wastetheir timegettinginvolved with such trivialities. Q :How is it possible fora complaint to be too detailedand too vagueat the same time? withthecritical legal studiesleanings ofmuch ofthe faculty. A:Yes, but the problem exists on two levels. Most basically, it's aproblemofinter- personal dynamics. Mostofthesenior faculty have grown accustomed to passively taking directions from Schlegel. So whatever ideas Schlegel has—brilliant, wacky, purile or whatever—are what the law school is going to get. That has been going on for quite a while. It is how we wound up without a real writingprogram. Q: You said thereare two levels? A: On an intellectuallevel, the problem . "Butthen when the Assistant Attorney General, Douglas Cream, took over, the focus came to be on trying to make things as difficult as possible for me." ProfessorBlum discusses hislegalproblems. Photo: Michael Radjavitch A: Anythingispossibleinanattorney's imagination. Q:Do they really expect to dismiss the complaint withthis? A:I doubt it. I think their purpose is mainly to cause delay. They're using the motions to dismiss as a frailexcuse so they can also moveto stay discovery. They 'reprobably hoping that the judge will just sit on all the motions and they can forestall discovery that way. is one ofgoingoverboard withsome tenetsof legal realism; We try to be radical by being extreme in our rejection of traditional legal education, but all this does is victimize the students. Ironically,our studentsseem tobe in theprocessofbecoming partofa fast-growing, highly educated economic underclass, and all theseleftist faculty can thinkabout is theirown status and salary, as well as their academic gamesmanship. Q: What do you mean by "a highly Q:Have you thought about going after educated underclass? themwithßule.il? A: Well,people areobviouslybrightand skilled;they'vebeeninschoolalotofyearsand there are very few jobs. And it isn't clear how eventually. quickly this will change. Q: You'vealsohadachangeofjudges? Q:You believe the current changes in A:ln federal court Judge Curtin trans- research and writing at UB may make things ferred the case to Judge Skretny. worse? Q: Why doyou thinkthathappened? A:lt seems likely. I'm really torn. On A:Probably because his docketis very the one hand, I don't want to be in the position crowded and afterlooking at the complaint he ofinciting students. I know that would bebad sawthis wasa very messycase that implicated for my legal case and possibly bad for irying to a number ofpeople he was friends with. get future teaching jobs. Onthe otherhand, I Q: Doesthe changeworry you? think, what if I'm successful in the litigation A: Ihave occasional paranoid moments, and have things under control, but don't try to but onthe wholeit doesn't. do anything about research and writing and Q: What makesyou paranoid? things stay like theyare. Then I suspect we' 11 A Judge Skretny isreputedto bea' 'sohave onerich yuppieand 260 students who are cial conservative.'' Thisraises fears that he onlymarginally employable-at best. could have certain types ofprejudices, and that Q: Youmentioned faculty's "academic hemight notbe as big on freedom ofspeech as gamesmanship." What doesthat mean? mostliberaljudges. On theotherhand, conserA:lt's mostly to help themselves feel vatives usually care aboutlaw as an institution superiorby victimizing otherswho don't share and see it as a positive ideal. An honest theiroutlook. It'salsotogetridofanyonewho conservative will be aghast at the thought ofa throwsawetblanketover the party by showing law faculty that sees extreme cynicism about that peoplehere really are not brighterthan the law as mandatory forpromon'on—becausethey more highlyrecognized liberallegal scholars confuse it with intellectual superiority—and they condemn. one which puts its cynicism into practice by Q:So you feel Judge Skretny's most conducting itselfinternally inadefiantly lawcrucial role is going to be in deciding whether lessmanner. to let discovery go forward? Q:ls that where weare withUB now? A: Yes,once the truth gets out I' UprobA: Yes, as wellas being wantonly disre- ably have a very strong case thatshould settle gardful of students' futures and immediate pretty easily-or elselead to apretty spectacuemployability. That should bother Judge lar trial. Skretny too, and make him notwant to sweep Q:ls this why they're trying to avoid things under therug. discovery? A :It' sbest to let them get way out ofline before you do that. I may get around to it Q:ltakeityou'vebecomedisillusioned A:Probably. Ithinkthey'realsotrying to demoralize me by making me think the law doesn't matterbecause the powers that be can always rig things so the truth doesn't get out. Q:Are there other ways that they're putting pressure on you? A: Yes, the moves for delay are accompanied by their making it difficult for me to apply forteaching jobsat other schools. Q:Whatdo-you mean? A:For reasons explained in the complaint, it is much easier to apply forjobs atother schoolswhen youhave aplace to comeback to. Itmakeshiringyoulessofarisk. KenJoycehad thought they wouldbe offeringthatadditional year justas a way ofmitigating damages. But then when the Assistant Attorney General, Douglas Cream, took over, thefocus came tobe on trying to make thingsas difficultas possible forme. Q:Whatare you going to do? AJ'vemoved for a preliminary injunctionrequiring President Greiner to guarantee me an additional year of teaching contract after this July. Q:Are there otherthings you've moved for? A:Yes,an order enjoining defendants from taking anyretaliatory actionagainst any studentfor supplying truthful informationto the court. With the gag ordersand the faculty statement and all, there's an atmosphere of intimidation thatmakes a number ofstudents feel theircareers could be jeopardized if they speak out. I've had several students who've witnessed some ofthe defamation say they would like to provide me with affidavits but they're petrifiedabout being identified. Q:Do you think your problems stem mainly from thingsinside thelaw school or is the universityadministration involved? A:lnitially I think it was inside the law school, mostly Schlegel trying to sustain his cult leader status by demolishing any junior faculty whohad outside contacts and showed independence. But I think at acertain pointhe mayhave enlisted Greinerand Provost Levy as away ofguaranteeing therewouldn'tbe dissentamong faculty. Hemay have done thisby telling Greinersome thingsabout methat were false. That may have been the source of Greiner's son goingaround toalumni and telling them I was "ahorribleCanadianprofessor who spends halfofevery class talking about marijuana." Q :Is this whatmakes you think the centraladministration might be involved? A:That and other evidence in the back fifteen pages ofthe complaint. Also, I knew David Filvaroff when he first got here. He seemed to be someone with integrity who reallybelieved in freedomofspeechand wanted to make the law school a better place. Something seemsto have broken hiswill and made him give in to the whole Schlegel routine. Pressure fromabove may havebeen it. Q:You hope that discovery will enable you to sort all this out? A:Absolutely. The worst thing forthe law school and university would be to let everythinglinger so wewouldhave thisstench ofcorruptionandcoverup. Rightnowl'minan uncomfortablepositionofpublicly insinuating thatihe University President and Provosthave behavedcrookedly,butlhaven'treallyproved it. I'dlike to do thediscovery, getto thebottom ofthingsand eitherprove theirinvolvement so they can vacate theirpositions, orelse make a kind ofpublic apology and help to clear theair. Q:Are these thingswhere Dean Filvaroff could shed some light? A:Yes, and I suspect he might once we getto depositions. So far he has been made to look awful, a kind ofincompetent fraud who doesn't have thevaguest ideaof what a university is supposed to be about. If it turns out he wasacting pursuant to pressurefrom above and he messed things up becausehefeltbadly about what he had to do, then he starts to lookmore sympathetic. Once he is forced to testify we may see a new kind ofDean emerge, a John Assistant Attorney General Cream Discusses Lawsuit , Motions by JolinB. Licala, Editor-in - Chief Professor Jeff Blum's lawsuit against SUNY-Buffalo claiming violations of his First and Fifth Amendment rights under the United States Constitution by the faculty and the university administration has been transferredfrom JudgeCurtin's docket in federal court to Judge Skretny. Judge Skretny has assigned the case to a magistratewithahearing scheduled for December 6,1991 tosupervisediscovery. On December 9,1991 Skretny will hear argumentsregarding defendant' sRule 8 motions(regarding thelengthandclarity ofßlum'scomplaint). Blumhas several motions before the court including a Rule6s(a) motion which wouldguarantee Blum a one-year contract to mitigate damages and aidhisapplication to other schools. Blum's co-counsel is James Ostrowski, Esq., aUBLaw graduateand well published libertarian critic ofthe national drugpolicy. Mr. Douglas Cream, Assistant Attorney General representing named defendants SUNY-Buffalo, Dean David Filvaroff, former Associate Dean John Henry Schlegel, President William Greiner,Acting Provost Levy, DeanAlan Carrel, Professors Elizabeth Mensch, AlanFreeman, Charles Ewing, and John and JaneDoe, said, "Blum's inexperience in litigation is obvious from the many errors in his pleading. The claim doesn't meet minimumrequirements of civilprocedure." Mr. Cream cited several fundamental errors ofcivil procedure in Professor Blum'sclaim. "Blum's inexperience in litigation is obvious from the many errors in his pleading. The claim doesn't meet minimum requirements ofcivil procedure." Among his examples Cream pointed to Blumnaming New York Stale as a defendant in a federal court(a violationoftheEleventh Amendment granting states immunity from suitma federal court), naming individual defendant's in a New York CourtofClaims whichhas no jurisdictionover individualsand seeking relief for a United States Constitutional issue ina courtthathas no competence overfederal questions. "TheEleventh Amendment immunity is as basic as it gets. The defendants are doing nothing morethanapplying the Federal Rules and the U.S. Constitution to the complaint initiated byProfessor Blum," explained Cream. Commenting upon the allegations of delaying discovery and making things difficultfor Blum, Cream responded that, "These are perfectly normal, everyday motions to make. Professor Blum may characterize his ignorance any way he wishes, but these are not delayingtactics. These are requests by thedefendantsthattheCourtofClaims review the complaintandapply the proper jurisdictionalrelief.'' Mr. Creamlimited hiscomments to the pending motions. "I don't think it's appropriate to argue a case on the radio or in press releases. I think the courtroom is the appropriate forumand that's where I'll argue this case.'' Dean. November 25,1991 The Opinion 13 �Adoptees ComeTogether byAngela Gott Earlier this semester, in The Spectrum classified section, an adopted studentran an ad looking for otheradopted students who are interested in Forming acampus-wide group to shareand discussissues pertaining to adoption. As anadoptee, I wasamemberofanoff, campus organization called' 'Always In Me ' (AIM), whichmet in acommunityroomabove a bank in Williamsville back in 1975-1978. AIM wasfounded by an OrchardPark homemakerwho was seeking information abouther biological roots. Once adoptees learn oftheir ,status, that factis"alwaysin them. Theyare neverallowed to forget as they gothrough life. Wheneveraperson comments casually about a "family trait," the adoptee is reminded of how alone, separate, andexcluded sheis. Whenever a dentist or doctorasks family history questions, the adoptee is reminded that his history begins withhimselfand is, medically, a mystery-a mystery thatcould have a negative medical consequences. When a young adoptee is at camp or in some new situation,otherchildren or strangers may casually remark,'' Hey! You look like a kid I know back home!'' The adoptee immediatelywonders,''Could thatbe my brother? Could this kid actually know my 'real' family?' In childhood, otherkids are curious and subject the adoptee to lots ofquestions, some , ofthem uncomfortablyprobing. Alladoptees learn howto field suchquestions and take them in stride. Many adoptees havehad theirconscious- ness raised by other historically ignored and disenfranchised groups, demandingaright to know their personal heritage. When many government programsand other decisions are based onrace and ethnic origin,the adoptees have even more incentive to discover their roots. Adoption agencies could lieabout these matters and get away with it. My adoptive parents were told by the Catholic agency that they were getting an infant with Catholic parents with German or English bloodlines to match the background ofmy adoptive parents. bi-racial, older and emotionally disturbed childrenhave always beenavailablefor adop, tion but were never' 'marketed ' as alterna- tives to families which requested white in- fants. Foreign oroverseas adoptions,Korean or Latin American childrenforexample, also became popular. Meanwhile, methods to increase fertility replacedadoption forcouples who now had to create biological offspring after all. When fertility programs were unsuccessful, surrogatepregnanciesdeveloped. The biological surrogate mother does know the names, addresses,and completehistoryofthe biological fatherand his wifeand can always try tocontact thatchild oncehe orshereaches legal age. So the surrogate arrangement is , similar to the' 'openadoption ' trend. The "closed records" and "identity crisis'' affecting adoptees islargely confined to adoptees born beforethelate 1970s, when the adoption agencies radically rethought policies because oftheshrinking whiteinfant market. Many adoptees have died without learning theirroots or feeling a sense ofidentity. Many biological mothers and fathers , never learned thefateoftheir"lost ' children. I havestudiedadoption for' 'troubled or " unadoptable'' children, the throwaways, thecast-offs, the unplaceable children. I have always thought that these children, sometimes brothers and sisters ofother potential adoptees, get the worstofthe wholeadoption process. These often older siblings are separated forever from their biological parents. The youngest, more marketable ones, are quicklyplaced for adoption. In fact, having younger, potentially adoptable, siblings seems to quicken the pace of the parental custody determination which affects all of their status. The childrenare pairedoff. Manytimes, adopting parents are told that siblings should be and usually are adopted as a pair. The reality is the agencies want to get as many of these childreninto adoptive homes, orat least foster homes as quickly as possible. The oldest or seemingly more dysfunctional or more disturbedsiblings can find themselves the' 'odd child out,'' coping with the others going to ' 'great adoptive homes'' while remaining in adoptionlimbo. The books are filled withhorror stories ofkids having their hopes and dreams destroyed by a system that builds unrealistic expectations. The scramble for adoptions leaves some that don't work out or are dis- Yet,when I found my biological mother, not only was she Protestant, but her ethnic background was FrenchCanadian and SwissFrench. My biological father, he was also Protestant and Scottish-Irish. I have an olivecomplexion that my parents always wonderedabout. In 1976,many Americans went "patriotic '' and didextensive family tree searches. Everyone seemed preoccupied with tracing their root and family history. This affected adoptees, and groupslike Orphan Voyageand rupted, adoptions that become apattern for Adoptee Liberty MovementAssociation beunwanted rejects. These sibling lose all gan to organizenationally. Birth parents began contact with the youngest, more adoptable to organizeand Concerned United Birth Parsiblings and rarely see orcommunicate with ents (CUB) wasformed to support those who oneanotherbecause they end up in other states , wanted to find theirlost ' children. and little is done to promote the prior sibling Adoption agenciesalso began tochange relationships. The original family is detheir policies at thistimeandthe "open adopstroyed while new families are created and tion ' movement came about. Open adoption siblings are forced into new names and enallows the birth mother to have a role in the couraged to forget about theirtiesto the past. selectionofthe adoptive parents. She can see I would be interested in hearing from pictures ofthem,read theirfamily history,and and meeting any adoptees who came out of perhaps even meet and interview them. She these legally destroyed family situations, but can write a letter for her child toread at age 16, I think that primarily the' 'preferred baby" request that her identity be available to her variety ofadoptee is going to be in our univerchild at age 18, or provide for other matters. sity community and our student population. With the legalization of abortion, the So ifany ofyou are interested in joining our increased use ofbirthcontrol,andthe introduc- new group ofadoptees, eithergiveSteveacall tion ofsex education in the schools the number at 636-4407, orputanoteinmy box (#394), or ofwhiteinfantsavailable foradoption began to leaveamessage on my machine at 832-3581. dry up. Asthe numbers decreased,the demand for these infants increased. '' Special needs," , Opinion T h e Modernizes Production by VitoA. Roman, Layout Editor Up until two years ago, the responsibility of'typesetting"and ' 'laying-out ' the news copy ofThe Opinion was entirely in the hands of a printer. The editorial staffsrole in the production ofthe newspaper was limited to paring downstories to their final typewritten form, and then submittingthem to the printer along witha " dummy.'' The "dummy" served as the printer's blueprint, showing on which pages the Editor-in-Chief wanted the printer to "lay-out" each story. Theprinter, however.often found that after typesetting the copy, i.e., retyping the stories into columns ofwhatever standard typeface theprinterused, the' 'dummy could no longer befollowed. Eitherthe storywastoo long, too short, did not fitonto the page allotted for it, or fitbetter on another page. In order to produce the newspaper, the printer would have to deviatefrom the ,, editor's "dummy, and perhaps even shorten some stories as well. Since these last minute ' 'editorial' ' decisions weremade withoutthe knowledge or consent ofThe Opinion editors, the printer, inessence, became an editorby default. The newspaper's Editor-in-Chiefmay have decidedwhat "copy" should print,buthe or shedidso withoutactually knowingwhat' 'copy" could print. Only theprinter knew what could actually print. Now TheOpinioneditorsdo know exactly what canprint,beeausenowthe newspaperisproducedentirely in-house. , Spring Drop-Add to have New Courses, Procedures by Barry Boyer, Associate Dean When upperclass students return for the Spring semester, they will find several new courseofFeringsinthecurriculum,andaprocedural change designed to take same of the aggravation out ofdrop-add. Five courses have been added to the upperdivision offerings since the preregistrationmaterials were printed. Criminal Procedure will be taught by Erie County District Attorney Kevin Dillon on Mondays and Wednesdays at 6:30-7:45 p.m. In addition, Professor Paul Birzon will offer a section of Evidence on Tuesdays and Thursdays in the 8:00-9:15 a.m. time slot. These two courses will help fill the gaps created by departing faculty, and make it possible for students to pursue more advanced work inthese fields. In the commercial law area, Sales returns to the curriculum this Spring. It will be taughtby Edwin Wolf, formermanaging partner with the firm ofFalk & Siemer and past Executive Director of the Buffalo Philhar- monic Orchestra. The Sales course will be designed to complementrather than duplicate the coverage ofPro fessor Buckley's course in Sales and Secured Transactions. It will meet onMondaysandWednesdays from 12:30-1:45 pjn. ...Female DAs continuedfrompage 3 wrongly accused and children are very sug- home. One thing is certain. This experienced gestible." and highly successful trial attorney with a Sex crimesis also an area wherethe commanding presence won't be given any burnout rate is high. After almost a year and more dog murdercases. analfinC A.A.R., Adams hasseenagood deal of grisly cases and that takes a toll. She is starting to think about which bureau in the D. A. 'soffice she would next like to make her 14 The Opinion November 25,1991 The production changes began lastyear, when the editorial staffstarted taking thenewspaper copy and' 'dummy" tothe offices ofThe Spectrum. ÜB's undergraduate newspaper, before takingthem to the printer. At The Spectrum, all the newspapercopy wouldbe entered intoa Macintoshcomputer. Then, using adesktoppublishing program,the storieswould beconverted intocolumn form, and laid outontheirrespectivepages. Any variations fromthe dummy' weremade on the spot, as the editors looked at the pages ofthe newspaper onthe computer screen. Finally, when the editors were satisfiedwiththeresults, the newspaper wasprinted outon a laserprinter, pasted up on artboard, and sent to the printer ' 'camera-ready.'' The printer simply printed the newspaper as itappeared on the artboards supplied. No more silent editing was involved. This year The Opinion acquired its owndesk-top publishing equipment. The editorial staffno longerhas to go to the undergraduate newspaperoffices to lay-outthepaper. Instead,itisdoneright inO'Brian. Furthermore, sincetheequipmentisIBMbased, stories written inany one ofseveral popularword-processing programs can be enteredinto the computerright from astudentcontributor's own disk. Moreover. TheOpinionsaves anestimateds6oo.ooanissueonproductioncosts, and long agorecouped the cost ofthe computer system needed to producethe paper in house. Magavern. Professor Schofield has been a frequent lecturer in theLaw School's Cana- dian-American Studies Workshop. Thisclass will meet Wednesdays from 3:30 to 6:00 p.m. More detailed course descriptions and registration numbers are posted near the A & R window,and fliers containing therelevant information will be put in student mailboxes several daysbefore drop-add. On the procedural front, the two key dates for drop-addwill be Thursday.January 9,when general drop-addbegins,and Monday. January 13.whenregistration forTrialTechnique is opened. In the past, students have tried to maximize theirchances ofgetting desired coursesby "camping out" in thebuilding the nightbefore drop-add. Thishas not onlybeen unpleasant forthe students involved; ithasalso caused seriousmaintenanceand safety problems. In order to reduce these pressures, we haveasked maintenanceand campus security to enforcethe normalbuildingclosing hours on thenight before drop-add. Thebuildingwillbe secured byaround 10:00p.m. thenight before, when the cleaningcrews leave, and re-opened at 6:00 a.m. the nextmorning. Students are not authorized to be in the building during these times. (We also stronglyadvise against waitingoutside the doorsfor6 a.m. opening, since the Amherst Campus is not the warmest place intheJanuarypre-dawndarkness). TheA&R windowswill openby 9:00 a.m.on the drop-add days. With the additional courses we have been able to add, there should be fewer problems in finding an agreeable selection of courses. Good luck to all of you on your fall semester exams, and have a happy holiday Students interested in international law will find two new seminarofferings. Mitchell Silk, who has studied in Taiwan and Beijing and is currentlypracticing international law in New YorkCity, will offer a seminaron Reform and Foreign Investment in the Republic of China. The seminar will meet on Mondays from 9:30 to noon. A second international offering.Cross-Border Business in theFree TradeEra. will betaught by Thomas Schofield, season. amember ofthe Buffalo firm ofMagavem & �The Docket Bar Review Aid For 3L's In order to increase the success o fUBLaw students in passing the New York State bar exam this academic year, the administration is offering a bar review program in conjunction withthethree majorbarreview companies. Bar/Bri, Marino, and Pieper have agreed to provide substantive lectures taughtby real lecturers, not tapes. The program will impart substantiveknowledge and provide exercises for answering multi-state questions, and techniques forwriting essays. Thelectures will be fourto sixhourslong and will occur on five Saturdays and one Sunday during thefirst halfofthe spring semester. Theschedule is as follows: Date Sponsor Subject Torts 1/25/92 Bar/Bri 2/1/92 Bar/Bri Corporations Property 2/22/92 Marino Contracts Sales 2/29/92 3/1/92 (Sun) Domestic Relations 3/21/92 Group Pieper Pieper Marino After a deal great be finally Directories! of receiving Look mailboxes. administrative delays, Law School UB our for them after Student Thanksgiving. I \\ Twice during November a man has passed obscene notes to women studying in Law Library carrels. The man is described as white, in his early 20's, between 510" and 6' tall, light brown hair, wearing a white shirt, tie, and baggy trousers. Please report all incidents ofsexual harassment in thislibrary totheLawLibraryDirector(Room2oBbehindtheßeferenceDesk) and to Public Safety (636-2222). Thankyou. IfII Vi V. I II IIJ tf , 3:00-9:00 Conference Registration, O Brian Hall Istfloor. 3:45-4:00 General Welcome: Moot Court Room. 4:00-5:45 Panels Running Concurrently: CANADIANFREETRADEAGREEMENT: EVTERNATIONALENVIRON MENTALLAW 7:00-9:00 Official Welcome. Keynote speaker: Moot CourtRoom. 9:00-11:00 Reception, Kivareceptionarea(Baldy Hall). SATURDAY 7:30-8:30 Continental Breakfast, Kivareception area. 8:30-10:15 Panels Running Concurrently: FAR EAST: INTELLECTUAL PROPERTY 10:15-10:30 CoffeeBreak: Kivareception area. 10:30-12:15 Panels Running Concurrently: PUBLIC INTERNATIONAL LAW CENTRALEUROPE: 12:15-1:30Lunch: A listofnearby restaurants is provided in theRegistration packets. 1:30-3:15 Panels Running Concurrently: LATINAMERICA: EVTERNATIONALCREVIINALLAW 3:15-3:30 CoffeeBreak: Kivareception area. 3:30-5:15 Panels Running Concurrently: IMMIGRATION: ROUNDTABLEDISCUSSIONONEDUCATION 6:00-7:30 Dinner atCenter forTomorrow (Separatecharge). 7:30-9:00 Final Panel: INFORMATION ON OPPORTUNITIES ININTERNA TIONALLAW 9:00-12:00 Open Reception with speakers attending (Center for Tomorrow). CALL FOR PAPERS "FEMINISM INTHE 90s:ANINTERDISCIPLINARY PERSPECTIVE" Apri125,1992 TheGSA Women's Coordinator, SUNY-Buffalo is currently seeking papers from all disciplines addressing theroleoffeminism as a political movement in the 19905,and the applicability offeminist thought in analyzing current events. Suggestedpanels: Feminism and democracy Thanks to expertise system. up. Mark Paley in repairing for his dedication and The Our computer had Opinion computer fallen and couldn't today. ÜBWOMEN'S CENTER Committee Meeting Come and present your ideas fora new UB Women' sCenter. We need to discuss funding, coordination, programming, etc. Monday, December2,l99l 5:00 pm 206 Talbert Hall Formore information: Tracey Sedinger GS A Women's Coordinator 103 Talbert Hall SUNY-Buffalo Buffalo.NY 14260 636-2960 LAWSCHOOLCOMPUTER LAB HOURS Post-Feminism? Length ofpapers: twenty minutes (8-10pp.) Deadline: January 15,1992 Please send papers or abstracts (three copies) to: Tracey Sedinger GSAWomen'sCoordinator 103TalbertHall SUNY-Buffalo Buffalo.NY 14260 Nov. 29 Fri 12pm-Bpm Nov. 30 Sat 12pm-6pm Dec. I Sun 12pm-6pm Feminist analysis in cultural studies Multiculturalismand feminist theory get Without Mark we would not be functioning Nov. 25 Mon 9am-9pm Nov. 26Tue 9am-9pm Nov. 27 Wed 9am-6pm Nov. 28Thu Closed (716)636-2960 will we Students: INTERNATIONAL LAW CONFERENCE: "THE INTERNATIONALIZATION OFTHE LAW" TENTATIVE AGENDA FRIDAY your Watch �New York Bar Review Course Summer 1991 Enrollments isBBIi! Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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Enlightenment on this subject came fromaninformed sourcelast Thursday as Greg Poe, Assistant Deputy General Counsel for Greenpeace USA, spoke to a group ofinter, ested UB law students.Poe sappearance atUB was funded bythe Buffalo Environmental Law Society,Law Students forCorporate Accountability, and the National Lawyers' Guild. Before attaining his position as one of come from the inside." At the sametime, Poe advised students that attempts to reform current societyrequire theactivist lawyer totake an "uncompromising stance. Gototherootof theissue. Thisisthemethodology forchange." He compared the current U.S. political climate to theroot canal he had justundergone, wheredenialreigns untiltheproblem becomes too hugeto ignore. Poe' s daily scheduleas attorney for the only two lawyersemployedby Greenpeaceas in-housecounsel Poe worked for oneofD.C's less "morallyrigorous corporate consulting firms. In doingso, hefound himselfchampioning the causes not only of Greenpeace (for whom oneof the firm'spartnersdidpro bono internationally known environmental group (FOIA) requests. His duties also includereincludesahugeanddiverseassortmentoflegal searching political issues (such as the recent issues which must be dealt with, not only to appointment ofClarence Thomas to the Sueffectuate the ultimate aims of Greenpeace, preme Court) to determine the appropriate butalso to make sure that it runs smoothly as stance for the organization to take on such a business and as an employer. His duties issues. Everyyear,Greenpeacepaysoneortwo include advice on direct actions taken by internsto help with the tremendous workload Greenpeace activists, as well as researching constantly laid uponthe tiny office, whichhas trusts and estates issues, personnel matters, only two attorneys and one legal assistant. and drafting Freedom of Information Act According to Poe, Greenpeace onlyrecently established in-house counsel, preferring instead to farm out legal questions to litigation-oriented environmental groups such as Sierra Club Legal Defense Fund, the Environmental Defense Fund or sympathetic law firms willing to do pro bono work. Although Greenpeace employs a number oflawyers in non-law positions(the National Director, Peter Bahouth, is anon-practicing attorney), the strategy ofthe grouphas been to effectchange througharenasotherthanthelaw. "Thereisa tendency to overvalue whatlawyers do inour society." Poe further argued that since the ' 'judiciary is becoming the branch ofgovernment leastreceptive to change," it isessential forgroups suchas Greenpeace to utilizecom- work),butalsoofsuchnotablecorporateplayers as Occidental Chemical. This experience, coming early on in his legal career, provided Poe with a great deal of practical experience and knowledge in the field ofenvironmental law. However, at the sametime thatit broadened his horizons, Poe stated thathe feltmoral ambivalence about his role in defending the actions ofcorporate polluters. Thisambivalence finally culminated inthe switch to public interest, which wasaccompanied bya pay cutofapproximatelyhalfofwhathehadbeen earningpreviously. As a result ofthese experiences, Poe directed the students in attendance to think long and hard about the path they choose to take.''You should workforthejob whereyou'll be happy and gain experience. Reform may munityorganizing and consciousness-raising techniques to achieve environmental quality goals. Poe wounduphispresentation withadvice to law studentsaboutthe practical aspects offinding a job. The environmental public interest sector is particularly hard to break ' Greg Poe spoke to law students Thursday on thetrialsand tribulations ofbeing an PHOTO: Paul Roalsvig environmental lawyer. TheFirstAmendmentinthe 1990's bySrikantRamaswaini, News Editor This past Saturday, a symposium was held at theBuffalo Hilton ontheFirst Amendment inthe 19905. Thefirstpartoftheprogram focused on the politically correct movement. The five panelists included Leroy Smith, a formereditorial writerfortheBuffalo Newsand current lecturer atUB; Randi Fahs, an attorney for Hodgson, Russ, Andrews, Woods and Goodyear;Normal Siegal, the executive director of the New York Civil Liberties Union(NYCLU);DavidJay,anattomeyonthe NYCLUBoardofDirectors;andProfessorWade NewhouseofUß Law School. Mr. Smith tried to definepolitical correctness by talking about what political correctness is not. He said it is not throwing epithetsand hurling abuse against women or people because of sexual orientation, or any minority group. He said thathe was glad that UB was not a school thathad fallen victim to the political correctness debate, citing thatUB has had some intolerance, but no serious overt action. However, one should not underestimate this. He said he would draw a line between fighting wordsand specificaction and intimidation. As advisor to The Spectrum he has had someproblems. For example,Mr. Smith mentionedthat The Spectrum has received some nasty letters. Mostofthese are published, but whenthe speaker singles out one person and hurlsabuse onthatperson, theline isdrawn. He asserted thatthere wasno exception to the First Amendment right for people to speak even that whichis arrogant, abusive, or obnoxious. Fahs statedthatthe notion that speech can be chilled has become the norm. He claimed, however, that the correct side was taking theviewthat freeexpression should be allowed, including theright tomake horrible statements. Healso said that certain identifiable groupshavebeen discriminatedagainst; thequestion is do we use thepower ofthe state and how do we decide where words endand conduct begins? If words violate another person'sright so thatfree speechand personal rights are in conflict, the debate becomes wheredo we draw the Line? Norman Siegal stated that on the eve of the 200thanniversary ofthe Bill ofRights it was very alarming to note what is happening in the country. Siegal cited 2 Live Crew and the Mapplethorpe pictures in Ohio as examples ofthe government punishing people forspeech. He saidDennis Barry, directorof the museum in Cincinnati, was indicted for the actions taken by the museum to display Mapplethorpe' swork. Mr. Siegal said that it was important to let the federal, state, and local governments knowthat they can't tellyou what you canread orbring home into bedrooms. He said there was an intolerance movement in this country and, as civil libertarians, it was important to focus on thisandbe eternally vigilant. Siegal also noted thatwith Justices SouterandThomas in place ofJustices Brennanand Marshall on theSupreme Court, theCourthad become ' 'retrogressive.'' He said that we cannot feel comfortable thinking that those justices are going to be there to help us understand these issues,although he hopedhe was wrong. He was concerned withtheregular premise offree expression. Siegal presented the ACLU's position on university speech codes. Believing that freedom ofthought and expression are indispensable to the pursuit ofknowledge and the dialoguenecessary to learn, he statedthatthe ACLU opposes all campus regulations that , interfere with students and administrators' ability to express opinions or feehngs in the classroom, or inprivate and public discourse. Siegalthinks people should beable tothink as into, since 'there arenot manyjobsand people tend to hold on to them.'' He told students to be vigilant, stay informed, and to especially concentrate on creating ' 'your own lines of communication.'' He offeredhimselfas one avenue ofassistance, giving students his addressand phone numberfor futurereference. they please and say what they think. But he added that it is not acceptable for people to engage in conduct. Mr. Siegal further stated thatthe more difficult questionofdistinguishing speech and conduct must be addressed. Conceptually it wasnot okayfor someone topick upthe phone, call an African-American eachnightat2 in the morning and engage in racial epithets. He contended that although itcould beargued that the person was speaking, this was speechplus intimidating conduct. Siegal also said that withrespect to the "politically correct movement, he finds it interesting that President Bushwrappedhimselfaround theFirstAmendment and talked about free expression. This was the same man who wanted to change the continuedon page 9 HIGHLIGHTS Black Solidarity SBA Constitution Movie Review Kurds Student Directory ...page 3 ...pages 6 & 7 . ...page 8 ...page 10 ...page I I �Study with Pieper... and pass. j v v v v v v f\ t\ f\ t\ (\ t) if Pieper New \fork—Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 (516)747-4311 PIEPER REPS. : Trini Ross, Sabby Charles Santarpia & Kirn Smith Edward Miller C 1990 �U.S. Interdicts Central American Refugees in Mexico By JonGarde Since thelate 19705, thousands ofCentralAmerican Refugees havepoured acrossthe Mexican-American border, fleeing warfare, persecution, and poverty. Themajority come from El Salvador, but many also come from Guatemala, Nicaragua andHonduras. Mexicannon-governmental organizations (NGOs) which provide legal and humanitarian aid to these refugees estimate their number at 400,000, and over 300,000 are believed to be undocumented. Although Amnesty International has verifiedthese estimates,the Mexican govemment places thenumber ofundocumented Central American refugees within Mexico at lessthan 50,000. Throughout 1990and 1991,the United States Government has interdicted thisrefugee fk>wthrough"OperationHoldThe Line." Running the Gauntlet, thelandmark report by Bill Frelick oftheU.S. Committee for Refugees(USCR) hasrevealed that theU.S. Immigration and Naturalization Service(INS), actinginconcertwiththeU.S. Drug Enforcement Agency andthe CIA,hasadvisedand equipped the Servicios Migratorios, the Mexican counter-part to the INS, in the apprehension, detention,and accelerated deportationofCentral American refugees. Michael Trominski, the INS District Director within Mexico City, has indicated that over 160,000Central Americanrefugees were forcibly returned to Guatemala during 1990. This estimate hasbeen confirmed by a senior government official in the Mexican InteriorMinistry. ThisisalOO%increaseover the number deported from Mexico to Guate- mala in 1989, and over a 1000% increase over the 1988 figure. The U.S. Congress has committed $35O,OOOtotheINS forboththe 1991and 1992 fiscal years to be spent towards continued aggressive apprehension of undocumented aliens within Mexico. Whilethese funds have notbeen earmarkedfor CentralAmericans, the INShas acknowledged the "cooperation [of] the GovemmentofMexico to stem theflow of CentralAmerican migrants through thatcountry, including.. the deportation ofintercepted Central Americans.'' Judging from the findings oftheUSCR, this expenditure willlikely contribute tothe forced return ofhundreds of thousands ofCentralAmericanRefugees into Guatemala. WhileTrominski applauds theServicios Migratorios for its''vigorous... enforcement ofthe law, " Central AmericanRefugees describe Operation Hold theLine asthe prolongation ofthe nightmare from whichthey have fled. Refugees such as "Lucia report that bribes, beatings, robbery andrapeare typically doled out by Mexico's federal police, municipal police and officers of the Servicios Migratorios. Bill Frelick reports that bands ofrobbersambush these war-torn migrantsas they attempt to detour around Servicios Migratorios check-points, located along all majorhighways throughout SouthernMexko. Evidence suggests that this occurs with the complicity oftheMexican government. During arecent interview,Frelickrelayed reports fromseveralrefugees whohadwitnessedthese "criminals" fraternizing next to all terrain vehicles identical inmodel and color to those suppliedto Servicios Migratoriosby theUnited States government. Frelick also said ofthe federal police that"each ofthem has hisown privateparamilitary group working withhim. '' Refugees have little to no opportunity for legal recourse within Mexico. Until last spring.Mexicohasnotevenbeenasignatoryto the/957 U.N. Convention Relating to the Status ofRefugees (nor its 1967Protocol). The signing ofthe 1951Convention, andthel99o enactment ofa new General Population Law has providedalegal basisto providerefugees somemarginofsafety withinMexico. Under, Article 42,Section VI ofthenew law, "Refugees" arepersons who''have beenthreatened by generalized violence,foreign aggression, internal conflicts, massive humanrights violations, or othercircumstances that have greatly upset public order in theirnation of origin.'' Thus, Article 42 specificallyprotects persons fleeing conditions ofwarand further stipulates that "Refugees may not be returned to their countriesoforiginnorsent to any other, where their life, liberty orsecurity would be threatened. '' Although many Central Americans would qualify,primafacie,forprotection under thenewlaw, refugee workers withinMexico are not overly optimistic. This lack of enthusiasm is due to the evasive non-committal manner in which the law iswritten. Article 42, Section VI includes thesentence, "Those individuals whoaresubjected to political persecution foreseen in an earlier sectionare not covered by this migratorycategory." In thisvein,Article42, Section VI, defines a refugee,. as someone who fears "actual persecution Thishasbeen the defi- nition ofrefugee traditionally proffered within Mexico, yet it has rarely been awarded, and when granted,ithas largely beenextended to renowned persons fromoutside ofthecountry. Thus, a false finding by Mexican authorities that a Central American refugee falls under this definitioncould be used to justifydeporting him or her to Guatemala for the alleged purposeofapplying from outside. Ofcourse, to apply forrefugee status within Guatemala could belethal. A similarapproachhas been used by the INS in adjudicating Central American asylum claims in theUnited States. The 1980Refugee Act, as derived from the 1951 Convention, definesarefugee as a person who,''owing to wellfounded fearofbeing persecuted forreasonsofrace,reugion,natk>nality,membership ofaparticularsocial group orpolitical opinion isoutside the country ofhisnationality and is unable or, owing to such fear, is unwilling to avail himselfofthe protection ofthat country." This standard has been applied with complete disregard forjustice. Refugees have thenearly insurmountable burdenofproving thereasonableness oftheirfear ofpersecution. This burden ofproof entails an evidentiary standardrequiring adegree ofspecificity tantamount to "actual persecution.' Most Central Americanrefugees, however,leave their country oforigin withonlythe clothes they are wearing. Having to travel under cover, many are withoutvalididentification Most darenot carry any physical evidence that may well substantiate theirU.S. asylum claim because itbutwould mean certain death if discovered by authorities during aclandestine escape. continuedonpage 10 . Voices,Visions, and Views on Black Solidarity SaultmH.Baptiste Monday, November4,l99l .wasßlack Solidarity Day. But whatis Black Solidarity? TheClarenceThomasnominationwasclearly representative ofthefact that AfricanAmericans do not always speak witha united voice, rather there exists a multiplicity ofopinions. This range ofperspectives was underscored during theBlack Law Student Association's panel discussionfeaturing threeAfricanAmerican UBLaw Schoolprofessorsexpressing their thoughts onBlack Solidarity. Professor Muhammad Kenyatta began witha historical perspectiveofBlack Solidarity stressing that solidarity should not beconfused with unity. ' 'There never has been, or will there everbe complete unity among Afri- Americans to end slavery and achieve "full manhood rights" orfull citizenship. These goals were partially shared by white abolitionists who were opposed to slavery,but who were not willing to grant full citizenship toAfrican Americans. At the end ofthe CivilWar, solidarity as concentrated on full citizenshiprights , such suffrageand the end of'Jim Crow barriers. Kenyatta said that there was a great deal of debate during the early 1900sregarding the directionAfricanAmerieansshouldtake.Some supported the \Back toAfricaMovement' lead by Marcus Garvey, while others supportedthe Communist Party concept of establishing a separate black republic in the south. The NAACP lead a campaign towards African Americans achieving full citizenship rightsas Americans through thecourt system such as in Brown v The Board ofEducation, ahallmark against segregation. During the mid 19505-60s, thereagain grewastrategy for immediatefreedomnow or full rights. This strategy was successful in 1964,1965,and 1966 theCivilRights "whichculminated in thedisestablishmentof. .legal racism." Towards the end ofthe 60's there wasadrive towards 'black power,' -"an amalgam ofvariousstrategies [with] an accent on selfdeterminationwithin.. theframework ofthe ConstitutionoftheUnited States, "with some separatisttendencies. There was also a concentration onblack prideand globalafrican identity - Pan Africanism. Since the late 1960s and early 1970s Kenyatta has seen "some floundering" regarding the next step forAfrican Americans. Thereare questions thatremain to beanswered ProfessorKenyattaprovides an historical such as the limits of a legal strategy where perspective on Black Solidarity. "racism maybe eradicated as a matteroflaw, Photo: Michael Radjavitch [butjmaycontinueasamatteroffact." Another can Americans or any group ofthree ormore question to be answered is whether the people. Solidarityis a shared sense ofpurpose relationship ofAfrican Americans with Africa and mutual concern moving towards some is simply emotional or are there concrete sharedobjective.'' things which can be done to aid oneanother in The distinctionbetween solidarity and theattainmentoffuUmanhoodor "personhood'' unity is determinativefor Kenyatta since hisrights. tory has shown that solidarity is possible withProfessorCharlesCarrconcentratedon out unity. From 1619 though the mid 1800s, a present day need for unity in the black there was asharedpoint o fview among African . _ Law Professors JudithScales - Trentand Charles Can discuss Black Solidarity with Photo: Michael Radjavitch members of the University at Buffalo community. community to address the problems of inadequate education, economic development, and drugs. He said that politicians are not said theterm "black solidarity has an' in your face'" quality which she did not like. She defined the word 'black' as intrinsically exclusionary when coupled with solidarity. Scales-Trentis concerned with who, as "Gate Keeper," will determine who is, and is not, black. Scales-Trentdoes, however, understand the concept of family. She sees African Americans as a family' 'which celebrates and responsive totheAfricanAmerican community and that it is the responsibility of African Americans to determine their future. For example, ProfessorCarrstatedthat in 1982he was absolutely against the legalization of drugs,howevertoday "he is slowly beginning to look at it alittle differently". To makean mournstogether, but doe&not.. always agree." economically viable community, people must She interprets the term family as an inclusive bewillingtoliveinit. "Aslongasthe...profit term which allows anyone who shares the margin ofillegal drugs.. .exits," Carr feels commonconcern toparticipate in the struggle African Americans will never be able to for humanrights. A studentasked,' 'How do we begin to recapture these communities. He feels the on hasbeen a failurebecause the work towards black solidarity?'' Kenyatta ' 'war drugs" government attackslow level drug dealers in responded, "Itis not'how dowe beg in,' but that the community and pretends the drugs are it has begun." He added that it is up to the manufactured in the community.'' The current generation to identify the shared goals government is not the answer and African thatwill lead A fricanAmericans intothe 21st Americans must work in a united effort to Century. rebuild their communities. Professor Judy Scales-Trent hada different perspective on Black Solidarity. She November 12,1991 The Opinion 3 �opinion fig ca i November 12,1991 Volume 22 No. 7 Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: John B. Licata Andrea Sammarco Natahe Lesh Srikant Ramaswami DarrylMcPherson VitoRoman Michael Radjav itch StaffWriters: Kevin Collins, Saultan H. Baptiste Contributors: RebeccaEisen, JeffreyErtel, AngelaGott, BUIKennedy, BrianMadrazo James Maisano, Melanie Mecca, Paul Roalsvig, Hans Tirpak, ReneeWakier, Tom Winwar( Editorial Earvin' 'Magic Johnson has tested positive for the HIV virus. Such a simple awareness in the United States. Congress has jumpedonthe' 'increased funding for AIDS research bandwkgon and is beratingPresident Bush for hislack ofcompassion forthe terminally illindividuals hapless enough tobeinfected withAIDS. It istheequivalent ofareligious revival for the American pub he. Theentirecircus is sickening for a numberofreasons. Foramomentoverlookthe fundamental statementby the behaviorofoursociety thatthemillionsoflivesaffectedbyAlDSpreviouslywerenotenoughto gainwidespread supportfor finding acure. " Forthright' 'thinkingpersons dismissed victims ofthedisease asirresponsiblepeoplereapingwhat they had sownorasheathens being punishedby God for sins ofthe flesh. The aspectofAlDSasaprimarilyheterosexualproblem inAfrica only clouds theissue for such people and is never enteredinto their grislypunishment calculus. However, Magic Johnsonis differentin the eyes ofthe American public. Magic is a sports hero with one ofthe most recognizable smiles in the United States, is considered by people ofall ages to bea respectable individual, and inone twenty four hour period becamethe most visible spokesman for AIDSresearch. Now, everyone in the United Statesknows an AIDSinfected individual whopresumably was not infected through hoii losexualrelations or hypodermic needles. The eulogies for Magichave just begun as people in the walkwaysand inthefiner eating establishments discussthemerits ofMagic' s lifestyle. His history ofbeingsexually promiscuous in college and inhisearly professional career hasbecomeafactor inhow people viewhis tragedy. To discount his promiscuity is almost a denialofhow he caught the virusand to dwell upon the factor is to lose sight ofthe need to take the second step in awareness; namely, action. The only positive outcome ofthis tragedy is thatthose persons whohave turned offCNN sincethe end ofthe GulfWarare now aware thatthere are victims oftheHIV virus that don't fit under therubricof "junkies" or"faggots." statement has had an immeasurable effect upon the level ofAIDS Copyright 1991. TheOpinion.SßA. Anyreproductionofmaterialshereinisstrictly prohibited without theexpress consent oftheEditors. TheOpinionis published every two weeks during the Fall and Spring semesters. It is the student newspaper ofthe State University ofNewYork at Buffalo School ofLaw. The views expressedin this paperare not necessarily thoseoftheEditors or StaffofThe Opinion. The Opinion is anon-profit organization, thirdclass postage entered at Buffalo,NY. Editorialpolicy ofTheOp inion is determinedby the Editors. The Opinionis funded by the SBA from Student LawFees. TheOpinionwelcomesletters to the editorbutreserves theright to edit for length and libelous content. Letters longer than three typed double spaced pages will be edited forlength. Pleasedonotputanythingyouwishprintedunderourofficedoor. Submissions can besent via CampusorUnitedStatesMailtoTheOpinion. SUNYABAmherst Campus. 724 JohnLordO'Brian Hall, Buffalo, New York 14260 or placed inlaw schoolmailboxes 443 or 512. Deadlines forthe semester are the Friday before publication. The ideas expressed in the "Letters to the Editor" and on the commentary page are not necessarily endorsed by the Editorial Board of The Opinion. ÜBLAWSTUDENTWINS PHILLIPS.LYTLE SCHOLARSHIP Cheryl M. Gandy, a second-year student at U.B. Law School, has been awarded the firstscholarship providedby theBuffalo law firm ofPhillips, Lytle, Hitchcock, Blame &Huber. The $2,500 cash award wasestablishedby the firm to reach outto theBuffalo community andencourage minoritylaw students toremain and practice in Western New York. The scholarship wasawarded to a minority or disadvantaged student who could show strong academic performance, financial need and commitment to remain in Western New Yorkaftergraduation. A Buffalo native, Cheryl plans to be an active participate in Buffalo community development, to addition to openingher ownlaw firm onthe east side ofßuffelo, Cherylhopes to expandher services to includehousing developmentand jobtraining programs. The law firmwillaward two more scholarships next year oneto asecondyearlaw studentand one to athird-year student. - 4 The Opinion November 12,1991 THE OPINION MAILBOX An open letter to Norbert Higgins: Let me express at the outset that I am a proponentofdiversity onthis campus; both in the makeup ofthe student bodyand the ideas those students espouse. I,et me also express thatI read The Federalist Papers, and indeed, to turn aphrase,'' Some ofmy best friends are Feds." In the past, I have had some fantastic, engaging, thoughtful exchanges with fellow law students (Feds included) on a variety of issues. Wedon'talways agreewith each other, but wecan learn from each other. Letmealso saythatI don'toftenagree withwhatis printed in The Federalist Papers and I almost never agree (in fact, I don'tthink ever-but I won't rule outsomefuturemiracle) withyouropinion on anything Mr. Higgins. (That is, where I can discern an actualopinionfromthevenomous, vitriolicstatements youpublish). Many times, I have thoughtabout writingto you ortrying to speak withyou. Always, I have been too busy orthought' 'what differencewould itmake?'' But, this being the bicentennial ofthe Bill of Rights and my position being that the best response to offensive speech is more speech (NOT restricting speech) I am taking this opportunity to exercise my First Amendment rights. Though I findsomuch ofthematerial you write and publish to be offensive, I will focus myresponse to two articles: I.)' 'More StuffAbout Clarence Thomas, '' The Federalist Papers Volume 4 Issue 2,0ct0ber11,1991. 2.) "Moots Lose Again & Again & Again. "The Opinion October29.1991 p. 9. 1.) In your Federalist article, you with some disdain that (to ' 'hard-core stated feminists") "a date rape occurs when sex occurs with any reluctance on the woman's part." (emphasissic.) WhydoyoufindthaUo be a problem Mr. Higgins? It's a simple rule and you don'thave to be a ' 'hard-core feminist' ' to understand it. "No" means ' 'no.'' "No"doesnotmean"maybe." "No"does notmean"Keeptrying,you'lltalkherintoit" orShereally wants it and sheis justplaying coy.'' Ifshereally "wants it Norb, she' 11let youknowinnouncertainterms. Yousee.most women that I know liketo take an active role in their own sexuality. Now, Irealize some- times womengiveoffsignalsthat are' 'confusing" to men, maybe even misleading. Also takencareofbyasimplerule. Whenyou'renot sure if the signal is green for "go", red for "stop", oreven yellow for "slowdown, I'm thinking about it" —play it safe, Norb. Give the woman (not yourself) the benefit ofthe doubt. Backoff. Gohome. Whatever. Butdon't forcethe issue (or more importantly, yourself) onher. Under thelaw, thatisrightfully called rape. Furthermore, ifyoudon'tknowawoman well enough to communicate withher about what's goingon inherhead or evencare about whatshe wants or doesn't want, what on Earth are you doingtrying to get in her pants? This particularly offensivestatement was published within an article that spewed nothing but bileand did not contain any ideas or opinions that could objectively be called insightful. Knowing many ofthe Federalists (both current and past members) I do not think your attitude speaks for them. Thus, it is misleading that as Editor your articles and editorialopinions arepubushedas speaking for The Federalists. As I stated earlier, I may not agree with everything the Feds espouse,but I defendyourright and anyother group'sright to statetheirposition. TheFeds are one ofa few groups atthis law school thathave a history of openly debating issues. In carrying on that tradition Mr. Higgins, your report card shows you falling offthe "Q" train into "D" land. 2.) Yourarticle " MootsLose Again & Again & Again." Well, I must give you creditforyourconsistency Mr. Higgins. More bile spewed forth withoutrhyme nor reason. What possible journalistic, legal or sportsmanship idealdo youachieve bycalling your opponents in a basketball game "malformed gym-rat undergrade"?Orby stating the referees "sucked" because "they simpered and giggled and flirted withthe ugly girlwho was keeping score " ? Do youhaveany regard forhow thescorekeepermust feelafterreading that statement? Moreover, who are you to sit injudgmentofanotherperson'sattractiveness orlackthereof? Imusthavemissed thePeople magazine "Sexiest Man Alive" issue with yourface onthe cover, Norb. I must state I am shocked, amazed and slightly disappointed that The Opinion Editorial Board finds these statements fit to print. While the First Amendment is about, amongotherthings, freedom ofthe press and freedom of speech, those rights come with responsibilitiesattached. Asaformerjournalist, I can say that any newspaper must aspire to accuracy andobjectivity in itsreporting. I'm nottalking abouta' 'don'tbeoffensiverule." I'm talkingaboutcovering the W' s; tellingthe story accurately and devoidofopinions unless itis placed on theeditorialpage,the op-edpage orperhaps the features section. I assume here thatyourarticle wasintended to bean attempt atreporting a sporting event. However, I digress. Your article went onto characterize an opponent * shead as "greasy," a referee's face as "pimply" and akin to that of Frankenstein. (Once again, accuracy Norb. Frankenstein was theDoctor; the creator, ifyou will, notthe creationandhis ' 'monster didn'thaveanacne problem as far as we know). You then showed a flagrant violation ofsportsmanship when you singled out a teammate and stated that he basically "blew" the game. I have learned my own lessons through competition (sports and academic) about the negative effects ofthis type ofbehavior. Perhaps thisattitude is an indicationofwhy your''team hasnever wonagame-you don't play as a team. Withyourattitude towards sportsand people, Iprobably wouldn't pass the ball to you eitherNorb. Lastly, it is both blasphemous and hypocritical ofyou, ofall people, to compare yourself to the great Dr. J. (Not to mention another part ofyour article which likely has no basis in fact). As an avid andlongtime Philadelphia 76ers fan, I must state that there was only one Dr. J., and Michael Jordan'stalents notwithstanding, there willneverbeanother. Ifyourresponse to my comments is "lighten up—it'sjusthumor'' oryouconsider yourselfsome sort of"artist",then Ipose the question to you as a Federalist: Would you supportNarionalEndowmentforthe Arts fundingforyour' 'artistic expression that somany ofthe populous find offensive? IfI thought I could engage in a civilized discourse with you on this matter Mr. Higgins I wouldnotresort to writing a letterto The Opinion. However, giventhe one experience I had trying tospeak withyou last year, I have surmised thatyou are not interested in an exchange ofideas. Allow me torefresh your memory: You were sitting at a table in Baldy walkway. A "no smoking" sign(universal symbol) hung on the wall directly above your head as you puffed away while others attempted to eat theirlunches. I politely asked youtoputoutyourcigarette. Yourresponse: "I will. When I'm done withit." Thatday.you created the presumption for me that you are inconsiderate to those who disagreewith you and that your mind is closed to any ideas converse toyours. That' s asad thing tohave to sayaboutany humanbeing; apatheticthing to have to say about a student ofthe law. My condolences on the death ofyourmind, Norb. Most Sincerely, Jennifer Pitarresi �Thoughts on Homophobia '' Semantics, you 'rekillingme withsemantics!" So cried Michael Stivikback in the early 19705. Well, now it's my turn. Specifically, I wouldlike to take issue with the current use, and misuse, ofthe term "homophobia." The term can be likened to many otherterms inpsychological and sociological parlance. It is used to describe a condition or attitude that is withinthe mind of a certain individual. In truth,the term homophobia lacks the limited validity of the social sciences jargon because this term,beyond the ideological and emotionalpurposes behind it,has noreal application. Instead, it has beenused so extensively beyond its intended meaning that it now falls into the category of slur,insult and slang. "Phobia is defined as "an exaggerated, usually inexplicable and illogical,fearof aparticularobjector group ofobjects." Inthis sense itseems obvious thataphobia ofsomething isnot good; itisa sickness ora depravity. If this were so, then those deemed ' 'homophobic" should beadmitted forpsychiatric counselling and care. They should exhibit a pathological hatred ofgays,possibly manifesting itselfin violent,beitverbal orphysical, episodes. These cases should be pitied, controlledand opposed byall segments ofsociety. Homophobics, in the real sense ofthe word, wouldbe truly dangerousand objectionable. Obviously, those who are deemed homophobic should be treated in the same mannerasbigotsandracists. Homophobics, by definition,are those whofittheabove description,however, this is increasingly not thecase. Instead, advocatesof thegayrights movement have taken to labelling all those who for any reason or purpose oppose their goals as homophobics. Whatmany supportersofgay rights seem tohave forgotten isthat untilveryrecently vast and overwhelming portionsof society viewed gaysas depravedand objectionable creatures. Objectionsto homosexuality werebelieved to be the rational moral viewpoints of decent society. Gays were the deviant ones; it was theirconduct and lifestylethatneeded defending and explaining, not thatofthose who objectedto it. In the past thirty years all ofthat has been turned on itshead. Today, anyopposition tohomosexuality isregardedaswrongandimmoral. Itisgenerallyregarded thatanti-homosexual views may only stem from such deviantmental states as "phobias." lam firmly ofthe opinion that this is not the case. Therecan be no doubt, as I havealready stated, that those who manifest truly homophobic tendencies shouldbe condemned. Modemsociety shouldhave noplace formonsters who derive pleasure from the pain of others. However, gayrights advocates donot limit their objections to the actions of just thosedeviantpersons. Nordotheyreserve their verbalireandcriesof"homophobic" forthose who truly deserve it. Polemics in Politics The people Louisiana are favored to electDavid Duke as theirnext governor. Mr. Duke is aformer XXX grand wizard,holocaust denierandanavidhaterofblacks. Hehassold and distributed Nazi paraphernalia as late as 1989. He blatantly liedwhen claiming to be a veteran ofthe Vietnam War. Hehas said that allblacks should be sentback toA frica, and all Jews should be forcedto move to Long Island which is to be renamed West Israel. As an undergraduate studentatLouisiana StateUniversity, Mr. Duke led severalpro-Naziprotests and calledforthegassingofthe Chicago Seven. InAprilofl9B9,Mr.Dukeattendedawildbash tocelebrateHMer'slOOthbirthday. Mr.Duke, as recently as 1990, has received financial contributions from two neo-Nazi SouthAfrican organizations, including the paramilitary White Wolves. When questioned about bis Nazipast,Dukeshrugs his shouldersatwhat he refers to as his "youthful indiscretion." Yet Duke seems to be somewhat ofa hero in Louisiana, the only state in America that follows the Napoleonic Code instead of common law. Duke appeals to thefearsofhis mostly lower middleandworking class white Baptist constituency, which is afraid to the point ofxenophobia offoreign competition. This is aconstituency that is willingto vote for him andoverlook hishorrendous past, aconstituency that getsoffended by national politicians coming to their state and lambasting Duke, as exhibited by theirincreased support ofDukeafter Ronald Reagan campaigned for his former congressional opponent, whohappened to beaDemocrat. Duke eloquently andpassionately speaks at AmericanLegion and Lion' sClub meetings inLouisiana and spoutshisanti-Japanese rhetoric to the point wheremany inthe audience are brought to tears. He tells tasteless jokes in public about the nuclear attacks on Japan. He has had several plastic surgery operations to remodel his facial features to resemble what the ThirdReichconsidered to be properforan Aryan. He twists the truthandreality for his own demented cause. And they do.love it in Baton Rouge. The question is-why? Americaisnotin astate ofdepression orchaos as Germany was when Hitler came to power. Is the answer simply thatLouisiana is suigeneris and has a particular subculture that finds Duke attrac- tive? There is norealanswer. It is conjectural. But, the dangeristhatthis situationmayresult in a possible victory forDuke. Inevitably, akin to Louisiana's corrupt political history, which hasseenan alcoholic embezzleras Governor (Edwin Edwards), a Hitler sympathizer as senator (Huey' 'Kingfish'' Long), and other eccentric extremists in powerful state positions, Duke stands out as a vanguard of the Louisiana identity A champion ofthe causes ofworking class whites whoperceive themselves to belosing jobs to affirmative action programsand foreign competition. Duke has masterfully capitalized onthesefears withhis personality, charm, youthftxl looks and will ingness to kiss babies. To many in Louisiana, Duke is seenas an honest manwho has never tried to deny orcover up his past dealings, The gayrightsmovementclearly has no purpose other than to have the gay lifestyle deemed to be as acceptable and desirable as "normal" orheterosexuallifestyles. Whatis important is to admit that there are possible objections to this goal, whichare notrooted in homophobic reactions. It is on this point that I believe the line between homophobics and opponents to gay rights has been blurred. That homosexuals deserve the right to befree from verbal orphysical harassment is without question. Any who would disagree with this surely require stricter scrutiny to determine where theirintentions lie. Human beings quahuman beings are free to choose. Though they mayalso be held accountable for their actions, the right to choose is the most fundamentalright ofhuman existence. Homosexuals should,and must, beallowed the freedomtochoosewhether to live as homosexuals orsuppressthatwhichiswithinthem. In times continued onpage 10 Understanding the "JAG Corps" Controversy Theorigins ofthe current "JAG Corps'' controversyand the motivations behindthe legal action initiatedagainst SUNV at Buffalo are complicated and apparently not widely understood. Therefore, I have attempted to address some ofthe misrepresentations and misinformation contained inBill Kennedy' sletter to the editor, published in-the October 29, 1991 issue ofThe Opinion, in aneffort toremedy this problem. First, the Lesbian and Gay Law Student Organization (LGLSO) and the National Lawyers Guild(NLG) did notand cannot initiatea suitagainst theJudge Advocate General Corps (JAGC) or the United States Armed Forces (USAF) directly because ofthe legal requirement of standing. LGLSO and NLG decided to approach this issue from the perspective ofstate law to meet the standingrequirement. NewYorkStateExecutive Order 28.1 prohibits discriminationbased on sexual orientation in services and benefits provided by state agencies; this provided the basis ofthe action. However, hundreds ofsuitshave been filed, and continue to be filed, directlyagainst the USAF by lesbian and gay service people dishonorably discharged or otherwise discriminatedagainst by the USAF because oftheirsexual orientation. Second, LGLSO andNLG weresuccessful in ourlegalactionagainst SUNY at Buffalo. SUNYat Buffalo hasexercised its option to appealthe orderissued on September 19,1991, by theDivision ofHuman Rights, OfficeofLesbianand Gay Concerns. Enforcement ofthis orderhas been stayed pending the outcome oftheappeals procedure. Third, if and when the order is enforced at SUNY at Buffalo, all employers who discriminatebased on sexual orientation will be barredfrom interviewing oncampus, not justthe JAG Corps orthe USAF. The factthatUBlaw students will nolongerbenefitfrom the convenienceof on-campus interviews withthe JAG Corps doesnot in factresult inany lost opportunities. Syracuse University Law School, forexample, has along-standing ban against the JAG Corps. Notwithstanding this ban, whichincludes aprohibition against any JAG Corps literature,last yearfourUBlaw students gained employmentwiththemilitary upongraduation. WhenJAG Corps isbanned fromÜB, those studentswho wantto pursue employment in the military will be in the sameboatas allthe students whocurrently seek public interest jobs. Those who seekpublic interest careers have no otherchoice but to expend theirown resources and travel to interviews. The opportunity for military employment does not disappear when JAG Corps isrequired to conform to New York StateLaw. Fourth, the LGLSO and the NLGlegal action against SUNY at Buffalo, is part ofa nationaleffortto force theDepartmentofDefense(DOD)torescindDirective 1332.14,which prohibits lesbiansor gaymen from serving inthe military. According to the July 1991 report ofthe ACLU'sLesbian and Gay Rights Project, 77 collegesand universities, bothpublicand private, report efforts to ban militaryrecruitment and ROTC programs until the military changes itsdiscriminatory policy against lesbians and gay men. The ACLU report is only a sampling ofallthechallenges toDOD Directive 1332.14currently undertakenby students continued onpage 10 continued onpage 10 FORDEIALTN SYHOUG. ECESSARY! November 12,1991 iy^HWy The Opinion 5 �TEXT OF PROPOSED SBA After several months of fine tuning and many hours of vigorous ad hominem debate, the SBA has proposed amendments to the Constitution. [stricken portions are tobe deleted;bold portions are to beadded] THE CONSTITUTION ofthe STUDENT BAR ASSOCIATION ofthe STATE UNIVERSITYofNEW YORKatBUFFALO SCHOOLofLAW PREAMBLE The Student Bar Association, in or- der to promote and protect therights and interestsofthelaw studentsofthe StateUniversity of New York at Buffalo, and to secure the associationand goodwillofthemembersofthe legalprofession, doesordainand establishthis Constitution. ARTICLE I Name Thisassociation shall be known as "The Student Bar Association ofthe State University ofNew Yorkat Buffalo School of Law" (hereinafterreferred to as "the"SBA"). ARTICLE II Membership Section 1. Regular Membership Membership in the SBA isconferred upon all students enrolled full or part-time (hereinafter the "Student Body") at the StateUniversityofNewYork atBuffalo School ofLaw (hereinafter referred to as' 'theLaw School"). Section 2. Honorary Membership Honorary membership may be conferred upon individuals not meeting the requirements for Ml regular membership. An honorary member shallhave none ofthe obligationsofmembership inthe SBA,but shallbe entitled to all ofthe privileges except those of makingmotions, holding office, and voting. ARTICLE 111 BoardofDirectors Section 1. Composition Theßoard ofDirectorsoftheSBA (hereinafter the "Board") shall consist of four officers: President, Vice-President, Treasurer, and Secretary, and eighteen ClassDdirectors; (six from each class). These officers shall performthedutiesprcscribed by this Constitutionand the documents establishedunder the authority derived therefrom, and by theparliamentary authority adopted by the SBA,and in a manner prescribed therein, orbe subject to such disciplinaryprocedures as may be established under theauthority ofthis Constitution. No member may hold more than one (1) permanent position as a memberoftheBoard at onetime. Section 2. Eligibility ofClass Directors and Officers 4tA. Any SBA member may become a candidate for a position as a Class Director representing hi3cla33 by submittingapetition containing thevalid signiatures ofat least ten (10) per cent ofhis the class. The candidate "must be a member ofthe respective class. 2tß. Any SBA membermay become a candidate for President, Vice-President, Secretary orTreasurer by submitting a petition containing the valid signiatures ofatleast ten (10) per cent ofthe regular members ofthe SBA. hC. Candidate petitions must be received by the SBA Office at least one (1) full week in advance ofthe election under procedures set forth in theBy- Laws in accordance withthis Constitutionand theBy-Laws. Section 3. Elections A. The elections for the Board of Directors shall be conducted according to 6 The Opinion this Constitution, theBy-Laws, and any additionalrules and regulations developed in accordance therewith. All members oftT-he Board shall be elected by secret ballotafider election procedures set forth inthe By-Laws, and spaceshall be provided onthe ballot or machinefor write-in candidates. ThePresident,Vicc-Prcsidcnt, Secretary andTreasurer will be elected in the Spring Semester between March 1 and April 20. Other members ofthe Board will be elected in the Fall Semester, within thirty (30) days ofthe first day offall classes. TheseEelections will take place over two (2)consecutive school class days during one week. 4tß. Elections for Class Directors shall be completed in accordance withthe By-Laws, on dates set by theBoard, no later than September 30. Class Directors shallbe electedby aplurality ofthe votes castby their class. Should their there be a tie vote for the sixth position, thenall thoseindividuals candidates who shallhavcrcccivcdthenumbcrof votessufficicnttoplace them in the tic are tied shall participate in arun-off election to take place no morethantwclvc(l2)class fourteen (14) calendar daysafter the original election. There shall be no write-in votes permitted in therun-offelection. zbC. Elections for theExecufive Officers shallbe completed in the Spring Semester on dates set by theBoard between March 1 and April 20. The President, Vice-President, Secretary andTreasurerof the SBA shall be elected by a plurality ofthe votes cast for each office, respectively, provided that the plurality includes atleast one-third (1/3) ofthe ballots cast in therace. Should no candidate receivetherequiredminimumpercentageof votes, then all candidates receiving at least twenty-five (25) percent ofthe votes cast in that race shallbe eligible to participate in a run-off election in which the candidate with the greatest numberofvotes shallbe declared the winner. Should only one (1) candidate receive atleast twenty-five(2 5) percent ofthe votes cast after the first election, then that candidate andthe candidate receiving thenext highest total of votes for that office shall participate in therun-off. Should nocandidate receive twenty-five (25) percent ofthe votc3 cast in the election for that office, then the newly- elected officers shall by a vote oftwothirds(2/3) adopt aproccdurc specifying who shallparticipate intherun-off election forthat office then thecandidates with the three (3) highest numerical totals ofvotes, provided each such individual total is at least fifteen (15) percent ofthetotal vote, shall participate in a run-off election. The candidate with the highest number of votes shall be declared the winner oftherun-offelection. Therun-offelection shallinno case takeplace mere no lessjhan twelve (12) class two (2) class daysnormore thanfourteen (14) calendar days after the original election. There shallbe no write-in votes permitted in the run-off election but in no case shallit take place after April 20. 3. Only studcntsnotschcdulcd to graduate at the end ofthe Spring Semester will be entitled to vote for the President, Vicc-Prcsidcnt, Secretary and Treasurer Executive Offteersr Section 4. Term ofOffice 4tA. The term ofoffice offirst and second yearall ClassDirectors shallrun until their successors are elected ortheir graduation, whichever is earlier. 2. The term ofthird year directors shallrun until the day they graduate. —3tß. The term ofoffice ofthe President,Vicc-Prcsidcnt, Treasurerand Secretary Executive Officers shall run untiltheir successors arc duly installed. Installation ofthe newly elected Executive Doard Officers will take place at the last SDA meeting of the Spring Semester, from May 1 toApril3o. Section 5. Temporary Absence,-aed Permanent Vacancy, and Removal in Elec- Novemeberl2,l99l tive Office 4tA. Temporary absence: An Executive Officers or directors are is temporarily absent when they arc unable to carry out the responsibilities oftheirthe position as determinedbytheExecutiveCommittee,orwhen their the position, has been declared permanently vacant,by the Board ofDirectors-end no successor hasbeen elected. 2tß. Substitution of a temporarily absent absent officer: A temporary substitute must be appointed whenever anExecutiveOfficeris temporarily absent orwhenever an Executive Officer temporarily assumes another SBAoffice. 8:1. A temporary substitute may be appointed whenever an officeris temporarily absent or whenever an officer temporarily assumesanother SBA office. IfthePresident is temporarily absent, the Vice-President shall temporarily assume that office. If another Executive Officer is temporarily absent, the remaining Executive Officers must appoint a ClassDirector to serve as a temporary substitute. IftwoormoreExecutive Officers aretemporarily absent prior to the time a temporary replacement has been appointed foranyofthepositions, theBoard of Directors shall appoint temporary replacements from among its membership. br2. If the President is temporarily absent, the Vicc-Prcsidcnt shall temporarily assume thatofficc. Ifanother Executive OffieCl is iCfiipoiflxiiy flosciiij uic rcin<lllllllll ca j ccutivcOfficcrsmay appointanother Boardof Directors member to serve as a temporary substitute. A temporary substitute shall serve until the permanent Executive Officer returns or untila newExecutive Officer is elected. A candidate elected in theannual Spring election ofExecutive Officers shall immediately replace a temporary substitute. e?3. A Class Director who is appointed a temporary substitute for an Executive Officer shallalso continue to serve as a Class Director, but such individual shall have only onevote. dr4. A temporary substitute shall oCrVC lIDIII tOC pClllTaXlClll i-jXCCUiIVC UiiICCF returns or until a new Executive Officer is elected. A candidate elected in the annaat Spring election of Executive Officers shall immediately replace a temporary substitute. No temporary substitute shallbeappointed under this sectionfor Class Directorswho are temporarilyabsent. The procedure for temporary substitutions for Class Directors shall be determined in theBy-Laws. c. No temporary substitute shall be appointed for class directors who arc tempoicti liy tin sent, 3tC. Permanent Vacancy: The BoardofDirectors shall declare anyofthe twenty two(22) elective offices permanently vacant ifthe holder ofthepositionresigns, is removed from office, or is temporarily absent for more than four (4) consecutive class weeks or four (4) consecutive SBA meetings, whichever is less. arl. The Board shall declare an clccn'vcofficepcnnancntlyvacantifthe holder ofthe positionrcsigns, isremoved from office, or istemporarily absent for more thanfour(4) consecutive class weeks or four consecutive SDAmeetings, whicheverisless. If the Office of the President is declared permanently vacant, theVice-President shallassume that office for the remainder of the term. The Office ofthe Vice-President shall then be declared permanently vacant. b?2. Ifa permanent vacancy occurs in the office ofthe President, the Vicc-Prcsidentshallassume thatofficefor theremainder ofthe term. The office ofthe Vicc-Prcsidcnt shallthen be declared permanently vacant. If a permanent vacancy occurs in a Board position otherthan the Officeofthe President,theBoard shallpro videforan election to fill the vacancy not more than twenty- eight (28) calendar daysfollowing the creation ofthe vacancy. If the term ofofficefor the position vacatedwould expirewithin the twenty-eight days, theBoard shallappoint, byatwo-thirds(2/3)voteoftheentireßoard, an individual to complete the term ofoffice. c. Ifa permanent vacancy occurs in an elective office other than the office ofthe President and thereare more than seven (7) class weeksbefore thenextregularly scheduled election ofexecutive board officers or, in the case of a vacancy in a class director position, seven (7) weeks before the end of the semester, an election must be held to fill the term, such election to takeplace no later than eighteen class days after the vacancy occurs. The election may be waived at the discretion ofthe SBA Board ifno more than one candidate meets therequirements fora valid candidacy as determinedby theSBA. 4tD. Two unexcused absences, as defined by the Bylaws, during a semester shall result in automatic expulsion from the Board ofDirectors for the remainder ofthe term of office. E. A member oftheBoard ofDirectors beremoved from office by a 3/4 vote of may the entire Board. Just cause for removal shall be: 1.Failure to maintainmatriculated statusat thelaw school; or 2.Failure to uphold and fulfillthe and purpose policies ofthis Constitution or theBylaws. Section 6. Meetings A. TheBoard ofDirectors shallconvene at least once each month from September 1 through April 30,on dates to bedetermined by the Board at its first meeting of each semester. B. No membermayhold more thanone (1) permanent position as a member ofthe Board of Directors at one time, and Each memberoftheBoar d shallhave only one vote at all times, except thePresident who may vote only where it affects the outcome or duringa secret ballot. Voting shallbebased on the total votes present unless otherwise specified by the Constitution or By-Laws. Actions based upon a vote of "the entire Board shallbe calculatedfromall twentytwo positions on theBoard, regardless ofany vacancies. C. Allregular meetings oftheBoard ofDirectors shall be open to the campus community, except those which bya majority vote of the Board are declared to be executive sessions. D. The Board shallconduct business only upon the presence ofa quorum, being two-thirds (2/3) oftheBoard positions not declared permanently vacant. E. The Board, absent a quorum, may perform such non-discretionary functions as areexpressly mandated by the Constitutionor By-Laws, but under nocircumstances shall the Board consider any motion concerning finance, affiliation or discipline, nor any resolution. All functions not fully executed shall be subject to review by a quorum. ARTICLE IV Executive Organization Powers and Duties Section 1. Board ofDirectors A. The Board of Directors is the representative studentgoverning body ofthe SBA and shallhaveprecedence overall other recognized and dulyapproved student organizations and activities. The Board, in accordance withthis Constitution, shall: 1. The duties ofthe Board shall include but shallnot be limited to: arl Representing the studentbody in matters pertaining to thelaw school, Act as final representative fortheLaw School StudentBody; b. Supervising and coordinating all activities of duly approved and recognized ■ student organization, �CONSTITUTIONAL AMENDMENTS er2. Reviewing andapproving therecognitionapplications ofall law student organizations, and suspending SDA privileges of any groupnotcomplying withthisrequirement and therequirements for such documents that the Board may lay down, Charter, rescind charters, impose sanctionsand provide for the regulation of thelaw student organizations; i:3. Appropriating SDA funds as itshall deemproper, and having control overthe student activity fee, Appropriate the mandatory student fee and otherrevenues according to the Bylaws; upon a two-thirds (2/3) majority vote, withholdandmodify appropriations of the SBA; and formulate and review the budget policy as it applies to all organizations receiving moneys from the tion, this Constitution, the Bylaws, and the rules promulgated in peursuance thereof; 2. Be amemberand thechair ofthe SBA Appointments Committee and theExecutive Committee; 3. Dcresponsible forAssure the execution ofallresolutions and motions passedby the Board; 4. Submit, in association withtheTreasurer,to theBoard for approval an administrative budget for thefollowing year; S.lnformandrecommendto the Board matters concerning student welfare; 6. Actas the officialhost, representative,and signatory ofthe SBA; 7. Appoint ad hoc committees orassistants withthe advice and consent ofthe Board; SBA. 8. Callthe Board into session at the dr4. Regulating all 3tudcnt elections, beginning of each semester; and call for emergency meetings in a manner consistent Have the power to make rules and regulathe tions necessary for proper administrawiththeBylaws; tion ofelections; 9. Perform suchother acts and duties with law-orias directed by theBylaws orBoard or as are ers. Affiliateing other commensurate with the office ofPresident. ented organizations; Section 3 B. The duties ofthe Vice£6. Superviseiagtheofficialcalendarof events President shall include, but not belimited to: all school and activities, gr7. Receiveiflg and deliberateiag upon 1.Assume the duties ofthePresident in any motion presented by any SBA member thePresident' s temporary absence and sucOfficerorDirector; ceed to the Presidency should that office to a become vacant; h. Summoning hcaring(s) and imposing sanctions on any student or student 2. Assist inthe executionofthedutiesof organizationforviolationofthisConstitution the President as directed by the President orany oftherules promulgated in pursuance and in accordance with the Constitution, tncrcor, Bylaws, andrules promulgated inpursuance the j:8. Have power to investigate, thereof; make resolutions in areas of 3. Be in charge ofthe charters, and report and student life necessary to promote the genapplications forrecognition of all organizaStudent Body. tions; eral welfare of theLaw School Passingresolutions not inconsistent with this 4.Bea member of theExecutive ComConstitutionoranyrulcs promulgated thereof, mittee and be an ex-officio member of all k?9. Createiag such committees and other SBA committees; 5.Perform such otheracts and duties agencies as it deemsproper in the operationof as directed by theBylaws orBoard oras are the SBA; 10.Provide for the compilation and commensurate withtheofficeofVice-President. publication ofall mainmotions; Section 4 C. The duticsofthc Secretary 11.Pursue discipline ry actions, up to and including censure orexpulsion,against shallbe: members oftheBoard ofDirectors; 1. To maintain a writtenrecord of 12. Exercise such powers as autho- all official business conducted by the SBA rized by the State ofNew York or its agen- including but not limited to minutes ofBoard cies. meeting s,to post notice and agendas for mcct2. The Board shall perform its duties ingsandtocauscminutcsand otherappropriate matters to be published according to this Conprovided, however, that it shall do so inaccordance with this Constitution and any rules stitutionand therulcspromulgatcd inpursuance thereof, Maintain allrecords and files ofthe promulgated thereof, including theparliamentary authority herein adhered to, including SBA, including copies ofallcorrespondence, specificrequirements fornotice, presentation and arrange for permanent preservation of ofmaterial to bediscussed,voting procedures its archives; and requirements, and any other rules and 2 ..T-eMmanagethe business and office affairs ofthe SBA; procedures thatmay beadopted. 3rß. The Board shall additionally be 3. Post notice,agenda, and otherapempowered to makeany andall Bylaws under propriate matters for meetings; keep full the authority expressly delegated by this and true myiutes ofthe proceedings ofthe Constitution, bya two-thirds (2/3) vote; and Board, to be published prior to the start of to approve anyfurtherrules andregulations the subsequent meeting; which shall be necessary and. proper for 4. Promote and publicize the activexecuting the powers and dutiesofthe SBA. ities ofthe SBA; 5. Bea memberoftheExecutiveCumAll Bylaw amendments shalltake effectthe day following the last dayofthe semesterin mittee; which theamendment wasappro ved. givewr 6. Perform suchother acts and duties as directedby the By-Laws orBoard oras are withhold itsadvice and consentto suchactivities as this Constitution or any rules promulcommensurate with the office of Secretary. gatedthereofshallrequire, pursue disciplinary actions, including suspension or cxpulsiea; Sections D. Theduticsofthc Treasurer againstofficcrs and SBAmcmbcrsaccording shall be: to whateverproceduresarc providedfor in this 1.Tβ Bberesponsible forthedistribution Constitution, the SBA By-Laws,and Robert's andmaintenanceofallSßA funds andmanage Rules ofOrder, and generally exercise what- the business affairs ofthe SBA; ever powers may be granted to it by other 2. To Cause to beaudited Oversee the Articles ofthis Constitution. auditingoftheaccountofaHany SBA-funded student organizations, uponinstruction ofthe Section 2. The dutiesofthe President Board; shall include, but not belimited to: 3.T-β Ppublish a monthly statement of Executive Officers the treasury and to make such statement pubA. The President shall: licly available, according tothe format estab1. Preside overall meetings oftheBoard lished in the By- Laws, report the informationcontained therein to theBoard monthly perRobert's Rules ofOrdenmost recent addi- at a regular meeting; and be prepared to provide substantially similarinformation to the Board, upon request or as otherwise directed; 4. Review and formulate financial policies subjectto the approval oftheBoard; 5.Assist thePresident in preparingan administrative budget proposal for thefollowing year; 4t6. T-βbße a member and chair ofthe Finance Committee andbe a memberof the Executive Committee; 7. Perform suchother acts and duties as directed by theBylaws orBoard oras are commensurate with the office ofTrea surer. Section 3. Class Directors Each ClassDirector shall: 1.Serve ona standing committee; 2. Communicate effectively withhis orher constituency; and 3.Perform suchother acts and duties as directed by theBylaws orBoard oras are commensurate with the office ofClass Director. ARTICLE V Compensation Section 1. Performance ofDuties Officials ofthis organization and its subsidiary organizations shall not receive financial or materialremuneration for the performance of duties to other than those expenses incurred in the performance of said duties. Section 2. Official: Defined An official ofthis organization orits subsidiary organizations shallbelimited to members of the Board ofDirectors, the executive officers ofall recognized student groups as defined by their organization's constitution on file with the SBA and all persons appointed pursuant to Article IV Section 1 andArticle VI ofthis Constitution. ARTICLE VI Committees Section 1. The Committees oftheSDA shallbcas providedforinthe By-Laws. Standing and Ad Hoc Committees A. The Board shall create such standing committees as it deems proper in the operation ofthe SBA. The standingcommittees and the duties ofeach shallbe outlined in theBylaws. B. Ad hoc committees may be formed by thePresident with theadvice and consent oftheBoard. A time limitwill beset on such committees, and the committeeshall report its findings within the specified time. C. The appointment and removal of members to committees shall be as determined by theBy-Laws. Section 2. Exceptas provided for in UltUjr ~J_**W3jflppOlllllllCDlo lO i—itVrr CVCflOOlttDu uflivtrsiiy vOjiiiiiiixcc3 will dc iiiuoc in me Section 4D. All University and Law School committee appointments will serve from the time oftheir confirmation by the, Board until May 31. their successors arc duly confirmed, unless removed under the provisions of Section 5, below. The Board of Directors mayterminate the appointment of any SBA member to any committee for any reason by a two-thirds (2/3) vote. Sections. Should theBoard ofDirectore, for any reason, wish toterminate the appointmentofany SDA member to anycommittee, it may do so by a two- thirds (2/3) vote. ARTICLE VII Referendum and Recall Section 1. Referendum The Board ofDirectors shallhave the power to submit to the Student Body foran electionany resolution it believes the members of the SBA should act upon for final decision. The election shall be held at times determined by the Board, but not less than two (2) consecutive classdays, and not more than seven (7) calendar days. Public notice of such electionshallbe given not less than seven (7) days before it shalltake place. A majority of the votes cast at the election, providing thatat least twentypercent (20%) ofthe StudentBody vote, shallbe sufficient to pass theresolution. Section 2. Recall Recall is the power of the Student Body to remove an electedofficial. Recallof an official is initiated by submittinga petition andreasons forrecall to the President of the SBA and two Class Directors designated by the caucus of each set of Class Directors. Sufficiency of reason(s) is not reviewable. If the constituency is Law School-wide, the petition must contain the signatures of regular members equal in number to fifty percent (50%) ofthe voteat thelast general election. Ifthe constituency is a Class, the petition must contain the signatures ofthe regular members in the respective Class equal in number to thirtyfivepercent (35%) ofthe Class. The President of the SBA, upon determining the petition(s) to be in goodorder, shall conduct an election to determine whether to recall the official and, if appropriate, to elect a successor, not less thanfifteen (15) nor more than thirty(30)days from the date ofsubmission ofthe signatures. If the majority vote is to recall, the officeris removed and, ifthere is a candidate, thecandidate whoreceives a plurality is the successor. Theofficial may not be a candidate. If the recall of the President ofthe SBA is initiated,the recall duties ofthat office shallbeperformed by an independent, regular member of the SBA designated by theBoard ofDirectors. samemanner and atthe same timeas appointments to committees oftheSDA. Appointments Committee 4-A. The AppointmentseCommittee will be chairedby thePresidentofthe SBA.andwill include the Vice-President, Secretary, Treasurer and any other directors who wish to participate two ClassDirectors appointed by thePresident will theadvice and consent of theBoard. 2-B. As soon as practical after the Fall elections, tTheAppointments Committee will publicize available University and Law School committee positions and interview prospectivecandidates in accordance withthe Bylaws. Interviewsshalltake placeno earlier than oneweekaftercommitteepositionshave been publicized. 3C. Theftrecommendationsofthe Appointments Committee will be given to the Board ofDirectors no later than September 30. at thefirstrcgular SBA meeting following the interviews. Approvalofanyrecommendations will bemade by amajority ofthe Board ofDirectors, present andvoting. ARTICLEVm Amending This Constitution Amendments Section 1. Amendments tothis Constitutionwill beproposed by theBoard ofDirectors by a two-thirds(2/3) vote andratifiedby themembership oftheSBA the StudentBody by a simple majority ofthe votes cast at an election,providing that at least twenty percent (20%) ofthe Student Body vote in the election to become valid. An amendment so passed shall take effectthe semesterfollowing itsratification. Section 2. Anyreferendum for the purpose of change will take place on two (2) consecutive school days, will be well-publicized prior to the vote, and will be conducted according toany additionalrulesset forth in the Bylaws. ARTICLE IX Enactment The Constitution will take effect on 01/01/92. November 12,1991 The Opinion 7 �From the Desk of the President byBrian P. Madrazo, SBAPresident ConstitutionalRevision . Elsewhere inthis issue you will findthe text ofthe SBA Board ofDirectors proposed revisions to the Student Bar Association's Constitution. These proposed changes were voted on by atwo thirds voteofthe Board and are theresult ofhours ofwork and debatebyan Ad Hoc Constitutional Revision Committee andby theBoardat its October 31 andNovember 7 meetings. As it stands the current Constitution is weak inmany areas and does not sufficiently define the duties and responsibilities ofthe BoardofDirectors. TheproposedConstitution addresses those areas, cleans up some languageand structural problemsand provides the Student Bar Association withadocument that clearly definesthe scope ofpower and duties oftheBoard andthe Executive Officers. The proposed ConstitutionalRevisions donot grant to theBoard more powersbutrather definesand limits the powers it does have to provide for more effective use ofmandatory studentfees. It provides for a fairer election process andalso mandates thattheBoard set up standing committees to address student concerns. I urge each student to read the entire document. Asexplained elsewhere thecurrent Constitutionandtheproposedrevisionsareset forth infull inthisissueofTheOpinion, Copies willalsobe posted in the mailroomand outside the SBA Office. If you have any questions please attend an informational session on November 18, 1991 at 3:30 p.m. inroom 109 O'Brian Hall. Members ofthe Board will be available to answerany questionsyoumay have. Feel free to drop by the office orcatch a Board member inthehallifyoucannotmakethemeeting. See youthen. A Constitutional Ratification will be held Tuesday,November 19thand Wednesday November2o,l99l from9a.m. to 4p.m. in front of the Law Library. All law students are eligible to vote. Inordertopass there needs to be a majority vote ofthe students voting. If passed the new Constitution will beenactedon January 1,1992. PleasevoteonNovember 19 or2oandexpressyouropinion. Moving 0n... Recreation andIntramural Update SBA iscurrently conductinga survey of student use of the R&I facilities in Alumni Arenaand ClarkGym. By now eachstudenthas received a small survey sheet in his/her mailbox which is to bereturned to the depositbox in the mailroom by Tuesday November 12, 1991. SBA will tabulate theresultsand publish them inthe nextissueofTheOpinion. Copies willalsobeposted in themailroomand outside the SBA office. Theresult ofanother survey which was conducted last week by the R&I Board of Directors onThursday, November 14,1991. SBA will publish theresults and post them in the mailroomand outside the office. I will also bereporting theresults ofoursurvey to theR&I Board ofDirectors. The endresult ofall these surveys and meetings is likely to be an ofincrease in the amount R&I charges for SBA's use of R&I services. Whether SBA agrees to pay any increase is a matter forthe Board to decidebut hinges onhow the studentbody feels. I invite alllaw students to attend an openforum onthis issue early next semesterto voice youropinion. In the meantime, please fillout the surveyand return to the box in the mailroom. SBA will also gladly acceptWRTTTEN STATEMENTS on this matter. The SBA islooking forward to hearingwhatyouhave to say. Moving 0n... TownMeeting on R&W Program LastTuesdaythe SBAconducted aTown Meeting on the state ofthe R&W Program. While theturnoutwaspoorer than expectedthe 8 The Opinion questionsasked ofDeanFilvaroffand AssociateDean Albert werethoughtfulandreceived responses thatraise continuing questionsabout the viability ofthe proposed program. One response thatregistered a strong levelofdisbelief was the idea that first year students not having a writing sample until well into the spring semester would not be detrimental to theirreceiving job offers. Second and third year students argued strongly that writing samples were especially important to first yearstudents giventhe current grading system and the unex cusabledelays inreporting grades by many faculty. Firstyear students statedthat CDO informedthem thatwritingsamplesshould be prepared and polished for employersas soon as possible. Another issue that was touched upon was the effectivereduction in writing semesters at UB Law from four to two. Previous graduates took two semesters ofR&W with writing in both semesters and twoupper divisionseminars. Current second and thirdyears also had two semesters ofR&W withwriting inboth semesters but need take only one seminar, a reduction mandated by the decision to shiftfaculty resources to the first yearR&W program. Currentfirst years willhave onlyone semester of R&W and need take only one seminar. Giventhe importance ofcommunicating by the writtenword,law studentscan ill affordany reduction in time spentlearning this art. Pursuit ofExcellence: UB Law 2000 andBeyond RecentlyI havebeen givinga greatdeal ofthought to thedirectionand foe us of thislaw schoolasweapproachthetwenty-firstcentury. After all the value of our law degree is not measured by the status ofUB at the time we graduate butrather depends upon where UB standsat any given moment. Asthe only New York Statelaw school UB hasa special role in preparing students to practice law not only in New York State but across thecountryandindeedtheworld. Graduates represent NY State's vision of what a lawyer should be. NY State must recognize thatthe result ofcontinuing totreat UBLaw as just another school in the State University system willultimatelyresult in a insignificant school which does not produce lawyers who possess the skills and vision necessary tomake a difference in the world. Therefore, as I statedat the Town Meeting onResearch and Writing, I am proposing a numberofgoalsandaplanofaction to achieve those goals duringthe first weekofthe spring semester. It will require an enormous amount ofwork from many students and more thana little luck but we shouldrefuse to allow UB Law to slipfurtherand further into the morass withoutat leastattempting to strivefor excellence. TheR&W program isdescribed as "adequate" to serveourstudents. Letus stop using theword "adequate" whendefiningthe goals ofUB Law and insertthe word "excellent or ' 'great or''superior." Should wefall short ofourgoalswewill stillstandnearerthem than ifwehad settled for being' 'adequate.'' Budget crisis be damned, let us stop pointing to the lack offunding and look for creative solutions to achieve excellence .Give your ideas, suggestions and comments to the Board ofDirectors as WE, the student body, develop this plan. And when needed, please giveyourtimeandenergywhenweimplement ourstrategies. MostofalLgiveourschoolyour vision and resolve. I know this article is preachier than normal but I truly feel that UB Lawneeds the student body' svisionand initiativeto propel usinto the twenty-first century as a top rated law school. There is noreason to settle for less. Until next time. November 12,1991 SBA: Up Close & Personal by NatalieA. Lesh, Special S.BA. Correspondent As of s:lspm yesterday evening, a majorityofthe SBA BoardofDirectors could voteto compensate a studentofficial forthe performanceofhis/herduties. Thisundesirable state of affairs was the result of the SB A' s vote last Thursday, November 7, to notacceptaproposedadditionto theirnewly revised Constitution, which wouldhave prohibitedall such compensation. Thecontroversial ArticleV, proposed to the body by the Constitution Revision Committee, provided that: Officialsofthis organization and its subsidiary organizations shall notreceive, as areward forperformed duties, financial or material remuneration otherthan those expensesincurred in the performanceof said duties. A small group ofthe Directors, led by Third Year Director Marc Hirschfield and Treasurer DarylParker, supported aninitial motion to strikethe article altogether, and argued that the Board ofDirectors should beallowed to compensate studentofficers. One group, ledby Second YearDirector Erik Marks and Third Year Director Sabby Santarpia, did not want a flat out prohibitionofcompensationbecause itwould unduly burden future Boards ofDirectorsby requiring that they amendtheconstitution to rescind the provision beforeany compensation could bevoted upon. They alsoargued that the final vote to compensate a student official must be withthe entirestudentbody, byreferendum. Theothergroup.ledbyFirst Year Student Bridget Cullen and Second YearDirectorHankNowak, maintainedthat a constitutional amendment wasan appro- priately stringent procedure. Moreover,they argued that anything less than a prohibition ofcompensation would be interpreted as an approval ofit, and as an invitation for future Boards to decide to compensate these officials for the performance oftheir duties. After approvingthe rest oftheConstitution, with minor grammatical changes, President Brian Madrazo returned to the issue of compensation. There were two motions on thefloor withregard to this issue: me first was to strike the proposedArticle V, and the second was to accept Article V as written. Themotiontostrikefailed,9-7. The subsequent motion to accept also failed, 5-11. Frustratedat thedeadlock, variousdirectors stormed out ofthe meeting, despite a failed motion to adjourn. On Monday afternoon, anemergency SBA meeting was convened to address the most important issue ofthe constitutional revision process. Many feared thattheratification of the Constitution would not be possible withoutaprovision dealingwiththe compensation ofstudent officials, andothers were unsatisfiedwiththefailureofthe group to arrive at some sort ofcompromise. The procedures to be followed at the meeting were made clear at the outset: each Board memberwouldhaveone minuteto speakand couldyieldsomeorallofhis/hertime. Xtthe end ofthis process, threemotions would be voted upon. The first, submitted by Hank Nowak,providedthatstudentofficials,inthe performance oftheirduties, may notbecompensated under any circumstances. The second, submitted by ErikMarks, provided that studentofficials may Decompensatedby continued on nextpage Free Speech continued frontpage 1 FirstAmendment. Siegalalsowamedthatwe have to be careful iv making allegations that the politically correct movement is the Left trying to silence the Right. He said that although it might be anecdotal in certaincases we shouldn't broadly attack the Left. ' 'We shouldnotengageinstereotyping. Wehaveto beprecise in ourwordsand thoughts," hesaid. Siegal added thatthere wasrising racism and anti-semitism, especially on college campuses. The racist, bigoted, ?nti-semitic, andhomophobic statements people makehave tobeprotected. Weshoulddebatethesebigots andletthem have center stage. Wemustwrite letters to the editor on college campuses in response to statements by such groups. David Jay statedthat theFirst Amendment allowsus to disagree withthe substance ofcomments. Mr. Jay said university means universal. All trends ofthought must be expressed freely. To have a public university with acode ofconductregulating speech isan anathema. He said the whole concept ofa university is to fan flames. By allowing all ideas which may come up the opportunity to flourish, the marketplace ofideaswould weed outbadideasandintroducegoodones. Hesaid wordsare the bottomline, butaction such as a harassing phone call is appropriate for discipline. "Tosaytostudentsyoumustbecareful what yousayin theclassroom, inwritingsorin everyday speech is simply not right. People have aright to be stupid; to berude; that is the wholereason for auniversity. You learn that thereare better ways ofexpressing yourself. Words are simplytools ofexpression. This is a free society, therefore, we should tolerate those ideas that are important to what we believe. In America, a person has the right to be a jerk, because as citizens we mustknow whatthe jerks ofworldare saying in ourown self-interest" Mr. Jay cited Professor Jeffries, a tenured professoratCCNY. Jeffriesmade some nasty, allegedly anti-semitic, remarks this summer. The university took action and re- scinded hisappointment as chairofthe department. Mr. Jay said that "civil libertarians should be at die forefrontofsaying thatthe son ofabitch has the rightto saywhathe wants,and wehavetherighttoexercise ourdisagreement with what he is saying.'' Professor Newhouse firstasked ifthere was a ' 'politically correct movement"' and answered that such a movement exists. Newhouse added thatby using thelabel "politically correct movement and by disciplining students through statements oflaw school professors, the pot is able to call the kettle blackandobscureeffortstoimpose anotherand "truly correct" decision. We mustrecognize the distinction between students uncomfortable withspeaking outand students whofeel professors will deridethem ifthey dospeak out Words mustbe separated fromconduct, anda distinction mustbe drawnbetween protected speech and unprotected speech. Newhouse added that a t-shirt that says "Niggers Suck" is differentfromone that says "Let's hang all niggers'' with a picture ofa black personhanging from atree. Newhouse said that the First Amendment will not be vindicated in the 1990sby disingenuous labelling and indiscriminateassaults onthe politically correctmovement. Newhouse also spoke about specific incidents in the past where UB students received notes in their mailboxesranging from "bitch" to "stop talking in class" to the incident that triggered the faculty statement-the placing offeces in a mailbox. David Jay countered that the faculty oftheLaw School went overboard incondemning these acts; free speech means having to put up with these things. Newhouseresponded that anonymous notesdirected to specific individualsandplaced in less than six mailboxes out of nearly a thousand meant it was wrong to say these anonymous letters werenot intended to intimidate,intended to harass,or intended to doharm. Newhouseconcluded byadding that the politically correctmovement failed to make a distinction not between wordsand conduct, but between wordsand words. �McPHERSON! li\ Darn I NlcPheisoii On October 3, 1991, the SBA voted unanimously, withtwo abstentions, to moder- atea "townmeeting"aboutthe Researchand Writing program. Since I felt something should be done to address the increasing concerns regarding thefutureoftheresearch and writing program, Iwentalong. The success ofa town meeting last year seemed to suggest thatthe magic could berepeatedagain withthis issue. However, i still felt thatsuch ameeting wasn't quite the right answer. Last year's town meeting dealt with a number ofissues, including the future existence ofthe R & W program. Italso addressed a specific matter regarding a "gag order" placed over student members ofthe Budget Program and Review Committee. Presumably because of the meeting, the gag order was lifted. Students were also assured by Dean Filvaroff thatthe R& W program would still be in place the following semester. There is also abeliefthatit prompted theresignationof former Associate Dean Schlegel. I doubtedthesuccess ofatown meeting this time around because i couldn't see the purpose. The only apparent good ofit, I felt, would be thechance to give worriedfirstyears a chance to soundoffand air their grievances. Having this meetingwouldn't getmore faculty to volunteertoteach. Itwouldn'tbring back the oldprogram, orchange the situation this semester. All it could do is send the message, "we want an improved R & W program," which is what we've been saying all along. On October 10,1991, anothermotion dealing with the prospective town meeting came upbeforethe SBA. Whereas originally the town meeting was to be conducted by the SB A' sR& W committee, the motion wanted the matter to be handled by the SBAinstead, i disagreed with this action because the SBA created the committee to deal with R & W matters. When the members ofthecommittee learned thatthe SBA planned atownmeeting, themajority ofthemfound thisto beabad idea, andrecommended against it. Since the committeeapparently wasn'tgoing along withthe idea ofthemeeting, themotion came up to take the responsibility away from them. Perhaps more than the rest ofthe SBA BoardofDirectorsJamparticularly sensitive about the R & W committee. Beyond the Executive Board, onlyone other directorand myself were directly involved in thecreation of the R & W committee through the SBA Appointments Committee. While we ques- tioned candidates, we were also determining the agenda ofthe new committee. As I understood it, their mission was to monitor the present program taughtby professorLindgren, investigate otherlaw schoolR& W programs, and workwiththeadministration toformulate a viable programfor next semester. I sawa town meeting as counter to their mission. I felt it would interfere with their ability to deal effectivelywiththeadministration. To this day, I believe the onlyway we 're going to find an acceptable solution is to work together, and town meetings have a tendency to deal more with emotion than information. Any action taken shouldbe productive, and i couldn't be sure an SBA town meeting could deliver that. Thatday, I alone voted against the motion, though there were two abstentions, the majority decidedto go ahead with the meeting. OnNovembers,l99l, thetownmeeting tookplace. Afterhearingrumors offirstyear disinterest in the meeting, I was curious to see the turn out. I'd estimate thatless than a third ofthe first year class showed up. Associate Dean Boyer was sick,therefore the man with thereal answers wasn'tthere. Associate Dean Albertpinchhit forthedelayed Dean Filvaroff. i was impressed by some of the direct, yet passionate questions. The interests ofthose who didn't attend were at least protected by lialunv Kdiloi theirintelligent and capable classmates. Overall, I'd question the meeting's effectiveness. I didn 'thear any greatrevelations. Nothingsignificantly differentcame up,and as I figured,this meeting didn't changeanything. the only thing that may change is the level of cooperation between DeanBoyer andthe R & W committee. I'd hate to think we went through allofthis justto get Boyer'sattention. Ifthat'shelpful in thelong run, good, butthere had to be a better way. Admittedly, theadministration has not been as responsive to the students' concerns as we would like. So what should wedoabout it? We say one thing, the administration says something else, and never the twain shall meet. Ifatownmeetingisn'ttheanswer.what is? Ifwe findthecurrentprogram inadequate, we should make ourown. It shouldn'tbe the Student Bar Association's responsibility to administeraresearchand writingprogram,but rather than make recommendationsand proposals to an unresponsive faculty, we should put a betteralternative in place. I believe the New York State Bar Association and UB Law Alumni hold the key. Therehavegottobeplentyoflawyersand firms that would be willing to do pro bono work teachingresearchand writing. Personally, I'd rather donatemy timeto doworkteaching law students than dosomeother legalproject. For a law firm, this would provide an invaluable connection to find futureemployees, and would aid thelegal community, the financial cost is limited, and it would serve to unburden the faculty-freeing them to teach upper level courses and seminars. Already, we've determined what standards theprogram shouldentail. We should take the next step and devise a curriculum that couldbetaughtbypracticingattorneys. Iflaw students on the Moot CourtBoard could come up with achallenging exercise for theircompetition, certainly law students can design a R &W curriculum. There are many upper class students who have the resources to oversee suchaplan. When I interviewed candidates for the R& W committee, this goal was inthe back of my mind. Now is the time to make it a reality. All we have to do is put out the call. I find some ofthe most competent professors atthis schoolto be theadjunct faculty. Practical experience in the field brings the most vital insight to whatever subject they teach. If weassertthatß&W is so important, it should have that qualityas well. The exposure willdo both the studentsand the lawyers an immensegood. Properlypresented, even the faculty and administration should go for it. Take it or leave it,this isjustmy idea of whatcould be done. Theremay be unforeseen flaws and weaknesses, but it bears looking into, and it's got to be better than all ofthis talking past one another. RATIFICATION REFERENDUM Informational Meeting Regarding the Proposed Constitutional Amendments. Monday, Nov. 18th 3:30 pm Rm. 109 Polling Booths OpenTuesday Nov. 19 Wednesday Nov. 20 9am-4pm in front of law library. Law School ID needed if you don't know the Board of Electors. Up Close & Personal continued from previous page studentreferendum. (The procedures for studentreferendum are covered in Article VII, and requirea two-thirds vote ofthe entireBoard followed by amajority oftwentypercent ofthestudent body.) Thethird, a fallback provision " presented by Brian Madrazo and Vice-President Kate Sullivan, provided essentially the same thing as Erik' sprovision but in looser language. Arollcall vote was held on each motion, and the results were as follows: Kristen Graham EileenGroark BridgetCullen Pro] Kevin Collins Sarah Swartzmeyer ErikMarks Michael Radjavitch HankNowak ScottRudnick HansTirpak NorbertHiegins MarcHirschfield DarrylMcPherson Sabby Santarpia Angela Gott DaveChien Kate Sullivan Brian Madrazo yes yes yes yes no no yes yes yes yes yes no no no no yes no - yes yes abstain abstain yes no yes yes yes yes abstain yes no no no no abstain no no no yes no yes yes yes yes no yes yes yes yes no yes yes no 10-7(fails) 8-6-3 (fads) 11-7 (fails) Afterallthree votes failed, whenPresident BrianMadrazo dramatically cast the deciding voteagainsthisownrecommendarionthatsomethmgbeinvludedintheConstitutionaddressing compensation, amotion toreconsider Proposal 1 wasmade by Third YearDirector Angela Gott. The votes were identicalto the prior vote on Proposal 1,except for that ofVice-PresidentKate Sullivan. By voting "Yes," thevotestoodatl 1-6,andBrian Madrazo wascalled upon to again cast the deciding ballot. This time, he voted "Yes." The proposal passed the two-thirds requirement, and the existing gap between articles fourand six was filled. PRETENDERS Are For Real by MichaelRadjavitch, Photography Editor The sport is volleyball, and the forumis theUB intramuralpower league. PRETENDERS, whose roster includes law students JenKrucher, Mark Hubel,Tom Cannavo andDave Teske, is now in itsthird season ofplay. This team has theunfortunate distinction ofbeing theonly intramuralteam with substantial law studentparticipation which advanced beyond the regular season this semester. PRETENDERS endedregulation play in the verycompetitive Mondaynightdivision with 500record, whichincluded come-back victories against the toughKAPPA SIGMA andOH JOY teams. Their firstplayoffmatch tookplace on November4, at9:3opm. Ascan be expected from any single elimination playoffconfrontation, emotion was avital element inthematch,however,theemotionwasonthesideofthePßETENDEßS' opponents. Getting hung up in the net, one ofthe opposing players broke thepinky on hisright hand, forcing them to play short-handed. Competing with fewerplayers, they responded to the challenge with additional hustle and determination in a tribute to their fallen comrade. They played hard, called key time-outs, andrallied fromalosing effortto win thefirst game 15-1,1. Placed inamust-win situation in the secondgameofatwo-out-of-three match, PRETENDERS failed to motivate themselves. They immediately fell behind and were unable to catch up, losing the gameby a final score of 15-7, thereby losing thematchforthwith. Those whoparticipated deserve tobe congratulated, as do all ofthelaw studentswho dedicate themselves to an intramural sports team. Better luck in the Spring season! a. "BillyBathgate" Romanticizes Era focuses on the great lengths which Schultz by Renee Walner goesto inorder to insure a favorableverdict in a The film "Billy Bathgate" offers an out-of-town trialfor tax evasion, as wellas volatile of world glimpseinto theromantic yet romance with socialite (Nicole Billy's mobsterDutch Schultz. Thehero ofthefilm is Kidman) whom Schultzkeepsafter killing her Billy Bathgate (Loren Dean), ateenager who There isadded tensionsince Schultz boyfriend. lives in the same Bronx neighborhood where hasa holdonhis position as a mob precipitous Dutch Schultz(DustinHoffinan)conductsmuch boss. ofhisbusiness. Billy Bathgate is impressedby Billy Bathgate is an agreeable, likable the impeccably dressed, urbane Schultz, and Loren Dean is quite good in his hero, and resolves to become a part ofhis inner circle. feature debut. Dean ably portrays the film the thirties Opportunities in depression-ridden character's intrepidness and vulnerability. are scarce, and to Billy Bathgate Schultz appears as the epitome ofrespectability. With Dustin Hoffman is effective as Dutch Schultz , skillfulease, Bathgate entersSchultz s guarded even thoughhis role is basically a stock charheadquarters, and is soonhired toperform odd acter, and Bruce Willismakes an appearance chores. Billy Bathgate's boyish enthusiasm, as an associate ofDutch Schultz. Steven Hill resourcefulness, andrespectfulmanner attracts deserves credit for hisrole as Schultz's lieuSchultz's interest. However, his inquisitive tenant, who is wiserand wearierfor hismany years ofmob association. ' 'Billy Bathgate'' nature can also be annoying to those in comdelightsthe senses withbeautifulcinematogmand. and effectively captures the time and raphy, The release of ''Billy Bathgate," feeling of the era. adopted from the E.L. Doctorow novel, was rueagerlyanticipated because ofcirculating mors thatthe film washaving problems. There were reports ofthe film going over budget, a FINAL SBA new ending being shotand discarded,and the opening release date being delayed. "Billy Bathgate,' 'however, hasenough going for it to satisfy various tastes. The film proves to be quiteriveting, and moves easily from scenes of deceit and treachery to those evoking a more romantic and idealized era. ' 'Billy Bathgate'' certainly does not portray the gritty realism ofmob life as did '' Goodfellas' ';rather itis glossy Hollywood movie made on the grand, oldscale. The film MEETINGSOF FALL SEMESTER Nov. 14 &N0v.2l at 5 pm Room 212 O'Brian November 12,1991 The Opinion 9 �Plight of the Kurds by MelanieMecca Addressing a group offaculty and students, Dr. Ahmed Uthmanspoke Wednesday on the plight of the Kurdish people in the MiddleEast. Uthmanemphasizedtheneedfor political and humanitarianrecognition ofthe Kurdish situation. A formerprofessor and dean in Baghdad, he arrived at the University of Buffalo in 1972 and presently teaches in the Dental School. Dr. Uthman is also Secretary of the Kurdish National Congress ofNorth America. One in a series of speakers on human rights, Uthman opened his discussion by describing the oppression ofthe Kurds by the countries that encompass them. Following World War I, the nation of Kurdistan was divided and distributed. Although thereisnot an accurate count, itis estimatedthatthere are over20 million displaced Kurdsliving inTurkey, Iran, Iraq, Syriaand the Soviet Union. According to Uthman, theKurds have suffered a long historyofnon-recognition extending to the present. In fact, Turkey has adamantly denied their existence until only recently, and that status remains unofficial. Uthman believesthatan officialand accurate count oftheKurds in variousareas in thefirst step towardsrecognition. In addition to dismissing the presence of theKurds, theTurkish government continues to violatetheir basic human rights. The government refuses to register children with Kurdish names;marshal law isoften imposed in predominantly Kurdish areas. Uthmanstated that any demonstration of Kurdish culture, dressor la iguage isprohibitedand punishable byimprisonment. Such violationsexist not only inTurkey. Between 1984and 1988,Iranand Iraq, attempting toconstruct a safety zone between their countries, effectivelydestroyedfour thousand Kurdish villages. The soldiers were given strictorders "shootanythingthalmovedwithin the zone.'' The blatant disregard for life was evidenced again in the attack by Saddam Hussein on the Kurds at Halabja. Uthman presented slides ofhis native Iraq, including theaftermath ofthe chemical gasattack where over ten thousand people were killed. Althoughthe Westernworld witnessedthe tragedy ofgas warfarefor the first time, Uthman stressed that "they've used it many times before." Nostalgically recalling Iraq's earlier days, Uthman described a time when "Iraq usedtobeoneofthemostctvilizedcountries." Amountainous region, rich in naturalresources, Iraq housedbeautiful mosques andinnumerable ancient artifacts. In an area once describedasthe "fertile crescent,'' he believes it is unfortunate that wenow tieIraq to the idea ofrepressive regimes. Despitetheatrocities committedagainst theKurds, Uthmanbelieves that damagewould have been greater had the Western countries not intervened. "Iftheyhadn't gonein,itwould have been worse. They just didn't finish the job" Uthmanfeels thatdemocracyisthe one thing whichwould help theKurds. Stressing that the Kurds, "misread President Bush's lips," Uthman believes thatBush' 'does not give a damnabout thehumanrights violations in Iraq." French President Mitterand and BritishPrime MinisterMajor have beenmuch morereceptive to theKurdishproblem in Iraq. Letters Continued... Priortothe GulfWar,there were reports ofextremehumanrights violationsagainstthe Kurdish people inrefugee camps. It was not until the war that international attention focused on the Kurds. Uthman is hopeful that suchattention will encourage the U.S.administrationto takea strongerstance on the problem. When asked about the future for the Kurds, Uthman waspessimistic. Realistically, their future is "bleak." Withouta political voice,they arepowerless. Democracy,Uthman feels, would givethemthat muchneeded voice. Today, however," democracy isimpossible in Iraq. '' In addition, the Kurds are separated throughout nvedifferentcountriesmaking unity a problem. Although the region ispredominantly Muslim, the ties ofnationalism have become stronger than those ofreligion. '' Uthmanemphasized that only increase recognition and support fortheKurds will help theirplight. Because theKurds do nothave the power to demandattention, the Western nations must apply pressure to change the situation. Although not immediately, Uthmanbelieves that economic sanctions would successfully promote change in the area. In addition, the Western attention would lead to decreased humanrights abuses. Errata In our last issue datedOctober 29, 1991.itstatedinthearticle 'Dances with Wolves' Isn't JustHistory thatthe main foodsourceoftheGwich'in Indianswas "the porcupine and the caribou." Instead it should have read "Porcupine Caribou,'' a species ofcaribou. Weare sorry forany inconvience this errormay have caused. past, this choice wasliable to punishments as severeasthosereservedformurderers. Fortunately, in today's society most have come to recognize that homosexuality must not be a criteria for meting out societal retribution. However, what isn'tclearand indisputable is whether gaysare freefrommoral compunction for exercising their right to be gay. Homosexuals donotdeserve any type of societal penalty for choosing to live as they live. Whatremains to be seen is whether the rest ofsociety must fall in line and support all ofthegoalsofthegayrightsmovement. There must be room for debate and opinion, and, above all, the recognition thatthose who oppose the rights of homosexuals are not all homophobic. It is lunacy to claim thereis absolutely no rational ormoralreason to oppose some, if not all, ofthe gayrights movement. Religious, societal, and moral convictions may easily preclude such support without falling into the category of 'exaggerated, illogical, or irrationalfear.'' For centuries, some ofthe greatest thinkers mankind has everknown have been firmly opposed to homosexuality. Many ofthe great theologiansand phi- losophers ofWestern society have opposed Especially with the increasing terror thatthe AIDS epidemic is causing,refusing to distinguish between the roving gangs of skinhead fag bashers'' and those whorationally andthoughtfully oppose gayrights is to declare the debate on the moral status of homosexuality effectively foreclosed. Refusing to meet opposing viewpoints head-on is always dangerous. It is even more so now; resorting to smear tactics against all people whodo not agree with yourviewpoint can only fuel the firesofhatredthatcertainly stillburn within the heartsof many. By labelling any and allwho oppose, or fail to support, the gay rights movement homophobics, homosexualsaredoing nothing less thanattempting to forcethe unconditional surrender ofwestern society's fundamental moraland religious beliefs. Conducting argument with insults of "homophobic" is no better thanbrushing asideopponents based on rac<% color, creed, or sexual preference. The Federalist Society, oftenridiculed and even despised by many students and studentorganizations, in some instances deservedly so, does at least provide for the airing of freeand open politicaland moral discussions. Itremains to be seen ifthe membersofthe gay rights movement, who like to thinkof themselves as being on the highermoral plane, will homosexuality upon moral and religious grounds. For centuries these views were the pillarsofWestern hatredand condemnation of be willing to openly discuss fundamental ishomosexuality. Though these men may have sues and policies withoutresorting to merely been influenced by their times, their objec- bandyingabout the slur''homophobic." Only tions tohomosexuality are not the products of then may the slow and painful process of phobic minds, butratherthe disseminations of determining the rights ofhomosexuals, in a soon! Central American Refugees These procedural injustices have been the merits ofeach claim, as the 1980Refugee partially rectified by theU. S. Congress and the Federal Courts. Theruling ofAmerican Bap- Act andthe 1951 Convention dictate. Subsequently, ABC entitles all Salvadoran and Guatemalan asylum applicants, whose claims were adjudicated duringthe past decade, to be tistChurchesv. Thomburgh. 760F. Supp. 796 (January 31,1991) (ABC), acknowledges that the INS has adjudicated Central American asylumclaims throughout the 1980saccording to the biases ofU. S. foreign policy rather than at Syracuse UniversityLaw School,'' theban hashadatremendous impact on theJAGCorps. Theyknow theyare missing goodpeople and they are very frustrated." Evan Wolfson, staff attorney atLambda Legal Defense andEducation Fund, believes that the military will be forced to change its discriminatory policy withinthe nexttwo years becauseofthenationwidechallenges and thelack o flogicalreasons to support itscontinuation. Further, Pete Williams, Assistant Secretary of Defense, was recently " OUTED " as a gay man, again calling attention to the military's selective and arbitraryenforcement o fits own policy. Hence, the legal action by LGLSO and NLG is making a difference. Sincerely Yours, Brenda A. Mattar,President, LGLSO Douglas Sylvester 1L ...Polemics continuedfrontpage 5 whereas blackleaders whoadvocate hiringand sophisticated discourse and analysis. society whichhas traditionally opposed such educational quotas are seen as supportingreFortunately, weno longer live in anera rights,begin. Itwillbegin whenthosewho lead verseracism. The election ofDavid Duke as the next in which weare forced to obey the dogma and the gayrights movement, and those thatoppose governor ofLouisiana would mark the genesis policies laid downby these men, however, it it, recognize that intelligent people may diswhich, according to ofhisnationallegitimacy doesintelligentdiscourseadisservicetomerely agree about controversial and difficultissues. Duke, would manifest itself in a successful brush aside those who still adhere to these presidentialcampaign. Homophobia principles as being merely homophobic. It is Asweallcatchup and preparefor finals, verypossible that many ofthemare, but it is not continued'frontpage 5 country. and activists across the a tendency forlaw students to ignore there is necessarily always the case. To label these These efforts and collecevents individually in this country and the world surthe people homophobic is to do nothing but predo an tively have effect on the Acmilitary. us. It is this apathy which will allow rounding clude the opportunity for rational debate upon Miller, cording Marilyn to Placement Director a to be unscathed in his campaign. David Duke this serious subject. ... The Opinion The PetitionDrive to getSunday night hoursforthenew Law School Computer Lab has been successful. Effective Nov. 10ththe computer lab will be open from noon to 9pm on Sundays. Support yourlab by usingit! Let the law school administration know how much you appreciatehaving thiscomputer lab. The lab is openseven daysaweek with operating hours of9am-9pmM-F and noon to 6pm on Saturdays. Soon there will be an IBM compatible machinefor laserprintingavailable for student use. There currently isa petition circulating in the lab regarding datesand timesfor the lab to be open over the Thanksgiving Break. The goalofthe petition isto showa firm commitment by students to have specific hours ofoperation designated for the lab. Present demand for the lab is variable with few students on Friday nightsand more students on Saturday afternoons. Thehigher the demand by studentsthe morelikely the computer lab willremain open. For students not familiar with computers this presentsawonderfulopportunity to learn. Simply buy two 3.5" double-sided, double-density disksand bring themto the lab with your student identification. The Macintosh computer is noted for its "user friendly" characterso don'tbeintimidated. Come to the Law School Computer Lab continued frontpage 3 continued frontpage 5 10 Comp Lab Gets Sunday Hours by AngelaGott November 12,1991 readjudicated underrevisedrules. All Salvadoransand GuatemalanswhoenteredtheUnited States before a specified date (which has already expired) will also be eligible to benefit underthesenewrules. Moreover, Congress has granted Salvadoranrefugees temporaryprotectedstatus (TPS) a special status permitting them to remain in the United States for a designated period. TPS, however, is tenuous because it terminates upon a Congressional finding that dangerous conditions have subsided within El Salvador. These developments uncover an additional sinister dimension toIN Sactivity within Mexico. While Congress and the Federal Courts havedeemed the liberalizationofU.S. asylum policy to be in the interest ofjustice, the INS and otherarms oftheexecutive branch havebeen operating to deportCentral American refugees from Mexico before they reach ourborder. Bill Frelick claims that international pressure is necessary to ensure that Mexico implements regulations whichactually safeguard therights ofCentral American refugees in a manner consistent with Article 42 of the General Population Law. The United Nations High Commissioner forRefugees (UNHCR) protection officer at Chiapas, Mexico also warnsthat without an international presence Mexico ' 'will not accept any more [Central Americans] than before.'' Refugee workers withinMexico havebeentoldthat the UNHCR has ' 'proposed for consideration .certain measures designed to ameliorate the standard oftreatment ofundocumented aliens whoenter Mexico." Unfortunately, the UNHCR has been largely ineffective within Mexico, and thereis great concern thattheseloosely worded assurances will not bear concrete results unlessinternational observers are present. . �IUSDFASDFSDFSDFI THE DOCKET ■ I FASDFASDFMS I CONSTITUTIONAL RATIFICATION Tues. Nov. 19th & Wed. 20th - 9am 4pm Human Rights Center Two weeksofHuman Rights Activities Nov. 4thto 15th. All events to be held in O'Brian Hall except where noted Wednesday, Nov. 13 "Native American Rights" All law students eligible to vote. Cast ballots in front of Law Library. t I 12:00-2 :oopm Paul Williams, OrenLyoris Faculty lounge Co-sponsored by Native American Peoples' Alliance, Graduate Group on Justiceand Democracy 3:3opm "Peace in the Middle East?" Room 109Dr.ClovisMaksoud, formerArabLeagueambassadortothe UNandU.S. 7:3opm "Peace in the Middle East?" - L South Campus (same as above Main Streetcampus) FEELTHE HOT SALSA LALSA BEAT. ITSTHE LALSA-SBA THURSDAY BASH ATTHE JAM CLUB. 729 Main Street (betweenTupper & Edward) The only lively place in an otherwise dead downtown. I Doors open at 9pm. No cover charge. Thursday, Nov. 14 Discussion on the situation in Haiti 12:00 Istfloorlounge Situation in Northern Ireland. 5:00 I $ 1.25 bottled Molson, maybe. lstFloorLounge SCC Meeting Thurs. 2pm Topic: Freedom of Religion v. Separation of Church and State. I st floor lounge Still, no cover. Shot specials, maybe. But, still no cover. No Schlegel!, maybe. Yet again, still no cover. I 1 'I Meeting: Sports & Entertainment Law Society Thursday, 3:30 pm RoomTBA Jam for James Bay Nov. 1 6th at Nietzsche's ■ I ■ I I Be Prepared for a hot LALSA LUNCH LALSA will again be offering home-cooked, traditional Latin & Caribbean Foods $3/plate Wednesday,! 1/13 12 NOON 2nd floor next to mailroom 248 Allen St. 2pm to close Featuring: Alan Outer CircleOrchestra The Fibs Dershowitz WatoSeta The Groove The Crumbs of Insanity and Moe $4 in advance (available at Nietzsche's, Terrapin Station, CopyStop, UB Environmental StudyGroup) Sat. Nov. 16th Bpm i Last Chance for Student I Directory Name I Address Jewish Center 787 Delaware Aye. I Phone Number Return to box #2 62 by November 15th $5 at the door 11 �New York Bar Review Course Summer 1991 Enrollments Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-11-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/12/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c2a52c3b5dba49dc9e3736a600c7f55f.pdf 2943d85aa569361c3a1da4da8d052ac9 PDF Text Text Volume 32 No. 6 TO HE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 29,1991 1991 Moot Court Competition Comes to a Close by Snkant Ranxaswami andMichael ing theevening hoursoflastTuesday, WednesEditors day and Thursday. Those teams who managed For the past three weeks, the UB Law to submittheir briefs ontime, onlyabout half School has been abuzz with the excitement ofthosecompeting, wereforced to gooff-brief surroundingthe sthAnnual CharlesS. Desmond only once, while those who were late had to Memorial Moot Court Competition. A subtaketheoff-briefpositiontwice. This penalty stantialnumber ofsecond and thirdyear stuis actually a very small price to pay when dentsparticipated, with nearly seventy teams compared to the points dockedfor late briefs, onepoint for every 20-minute period orportion contending for honors in this year's competition. Countless judges,ranging inexperience thereof Each side's argumentrequires agreat from recent graduates to somewho actually sit deal ofpreparation, and itonly gets easier the on the bench, volunteered their time to make second time around, no matter which side is this event possible, as didthe many firstyears represented. who workedasclerks inthepreliminaryrounds. After three exhausting preliminary The preliminaryrounds took place dur- rounds, the quarterfinals, and the semifinals, . only four competitors were left. Michelle Parker.MichaelCulp. CarlaGoldstein. K.Jill Barr. Different issues, opposing sides, one aim. Win. As the finals ofthe 1991 sth Annual Charles S. Desmond Memorial Moot Court Competition gotunderway on Saturday,October 26, 1991, at 3:00 p.m., the air in O'Brian HalTsmootcourtroom was filled withexcitement and tension. Would the petitioner or respondent win? How wouldthejudges weigh the arguments? Whatkinds ofquestionswould they ask? Would expert testimony on the ' 'batteredwoman's syndrome" betheorderof the day? WouldMrs. Kathleen Young'shospital statements be ruled admissible? Carla Goldstein was the first to speak, representing the petitioner, the People ofthe State ofNew York. She was extraordinarily articulate and superbly poised, answering the judges' questions on the admissibility ofexpert testimony withconfidence and conviction. Ms. Goldstein also did a superb job of gettingback to her points afterthejudges tried to distract her. Michelle Parker, K. Jill Barr, and Michael Gulp also displayed valiant efforts. They did well in the face of very difficult questioning. MichaelCulp performed admirably under the circumstances, standing his groundandhumorously dealing with thejudges. The five judges - Doerr, Filvaroff, Jasen, Denman, and Callahan, did a good jobofelicitingresponses from the competitors withre- gard to previously untouched issues. Some comparisons thatcometo mind are the differcontinued onpage 8 1991 Moot Court Finalists MichelleParker andMichael Culp Registration Reverts to "Lottery" System K. Jillßarrand CarlaGoldstein, winners of the 1991 Charles S.Desmond Memorial Moot Court Competition. Carlaalso won second best oralis t. Students Protest bySrikant Ramaswami, NewsEditor Twenty-five students gathered on the third floor of O'Brian Hall on Wednesday, October 17,to protestthe presence ofmilitary recruitersatthelawschool. The protest comes on the heels of GovernorCuomo'srefusal to enforceanorder by the NY State'sDivision of Human Rights which declared that the law schoolCareer Development Office fellunder Executive Order 28. EO 28 prohibits state agencies from discriminating on the basis of sexual orientation. BrendaMattar, thePresident ofthe Law Student Organization saidthat"itis important to send a message ofhow we feel about the issue.'' Mattar proposedthata strong message to the division ofthe humanrights office was due. She clarified that the protest was not aimedat supporting, endorsing, orbanning the military from campus, but whenthe military conformed tohumanrights, shesaidthey would be welcomed. As the students assembled, the chants began. "Hey Hey Ho Ho, we'vebeenjerkedby Mario!'' Open up the law school door, JAG Corps discriminate no more." The students marched up to the fifth floor chanting these slogans,outside the doorwhere theJAG Corps wereholding interviews. The intense opposition toanti-discrimination at this university has an illustrious history. In September 19751IB I aw School developeditsown Career DcvclopmcnlOllicc (CDO) and enacted an Anli-Discrimination JAG Corps Policy in order to prohibit employers who discriminate from using CDO's facilities and support services. The Law School Faculty consistently amended this policy inresponse to developments in State and Federal laws(i.e. , adding, as protected,' 'maritalstatus ' in 1979 , ' 1983). and "veteranstatus in In September 1988, the Law School Faculty unanimouslyvotedto amend theCDO Anti-Discrimination policy to include sexual orientation. This amendment is developed consistentwithGovernor Cuomo' s Executive Order#2BandSUNYßoardofTrustees' ResolutionB3-216. On February 17,1988President Sample announced that the entireLaw School AntiDiscriminationpolicy would be held in abeyance, for the first time in fourteen years, and thathe,alone, would decidethe policy forthe entireuniversity. However, on April 18,1989, seventyfive UB students demonstrated FBI recruitmenteffortsatthe law school. Citing theFBl's policy ofdiscrimination against gaysand lesbians,as wellas aFederal D istrictCourt ruling that the FBI discriminates against Hispanics, the students blockedthe doorsand successfully kept the FBI from recruiting. On May 10,1989, one week afterfinal exams, President Sample announced hisdecisioii that he wouklallow employers who discontinued on page 9 The registration process at SUNYBuffaloLaw Schoolhasbeenoverhauledby Karen Waltz,Registrarforthe Law School. Hilherto,flic process had beenoperated on a first-come-first-served basis with students ' 'camping out the night before the firstdayofregistration. Aftera considerable amount ofcomplaintsfrom studentsof alllevels,thenew lottery system wasimplemented to provide a more egalitarian approach towardIhecourse registration process. Commenting upon the new system, SBAPresidentßrianMadrazo stated"the newpolicy willrelieveprcssureon students who feelcompelledtocampouttogettheir courses and is more equitable toward students who cannotafford to camp out given theirpersonalresponsibilities towardfamily,for example parenting, ordue to living an excessive distancefrom the campus.'' Personalry.Madrazohasbeeninsupportof the new registration system for some time. SBA representative Darryl McPherson commented that "it will be interesting to see what happens" when questionedabout the new process. Eva Doukakisreferred to(he former systemas "barbaric" and pointedoutthat even if every student wanted to register earlier,there isn 'tsufficient space toafford them the opportunity. "Whatalternativeis there? I work twojobsjdon'thavethe time to come here early in the morning to wait for registration to open.'' Last year the studentswaiting overnightweremovedby Public Safetyto the computerlab inBaldy Hall, with thepublic safety officersciting fire codes as the reason for moving the groupofstudents. SBA DirectorNorbertHiggins supported the change inregistration and stated that"this is a fair system allowing those students who don'thave theresources to stay overnight forregistration to get some ofthe courses they need." SBA Director Sabatino Santarpia strongly supportedthe change "it'sabout time we were able to do something about the much despised, selfdegradingpre-registration fiasco.'' New and improved R&W page 3 Second Amendment page 6 Half Court Press page 9 �I I I I H H ■ ■ H£3l r*™*sW w! REGISTRATION MUST BE RECEIVED BY 11/1/91 I -*»H«- II I **\9 c PieP er Course Includes: * £ssay writiiw Complete lecture series , THE)*"- * H *Mv Itistate Practice |A| Bi IH Hi Hmd Exam m dExam H Multistate Professional £I Hi H|w H I■ CPVPTBT yr DUlAll ■ Multistate Bar Review Course by November 1, 1991. Responsibility Exam * Multistate Volume §H jH I B — JOfin lWperS Ml US /„ plnoo r iiirlrtnr>n , ill-\slUoo UUICIUnCe For more information see your Pieper Representatives or contact- PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. WM The Bar Course That Cares. |H 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: 747-4311 ■ H PIEPER REPS.: 2 *w |H BH H H Professional Responsibility H X|l|lf|nlT ill * Law student's discount of $200 will be deducted from the cost of $1,250 for any student still in law school who registers for the Pieper New York ■■ I ■ The Opinion Trini October 16,1991 Ross & Sabby Charles Santarpa �Reservations on New R by Mike Fallon The nexttwo weekswill be veryimportant for 1st year students. The Research & Writing Committee willbe presenting its findings to the SBA, who will then conduct an "informational" Town Meeting to address issues and concerns. Unfortunately for students,it is the facultyand administration who holdall the research & writingcards. After interviewing the ten R&W instructors and discussing the problem withthe administration, it is clear that the hastily adopted newprogram lacks faculty support and a vision for the future. We enter November having onlyrecently found out who will be teaching. Not onecurriculum has been prepared asofthisdate. The needforresearchand writing instructors has decimated the spring semester upper level course offerings. First year students have already lost faith in this experiment; last week, one R&W class had &W only 33 ofBl students in attendance. Whiletheadministration would have us believe differently,the new program has created moreproblems than it has solved. Stressing diversity ofsubject matteroverworknorms and flexibility overoutput, theneedsofthe first year students are to be served at the convenience ofthe instructor. Diversity of subject matter is an interesting concept, but it cannot supplant individualizedattention, athoroughly prepared curriculum, and instructors who are first and foremost dedicated to research and writing. The new program might prove to be superiorto thatwhich itreplaces, but wehave no guarantee that it will be. And whatislost includescontinuity andan element ofuniformity that would ensure each student an adequateresearch & writing experience. Professor Finley' s Torts/R&W section shows thata faculty taught R&W programcan Program succeed. But consider that Professor Finley has a T.A. and only 13 students. What can students expect from aprogram where instructorswillhave 25 ormore studentsand no T.A.? Overworked faculty may face a choice between publication and research goals, their families, and their students. Are the' 'volunteers' ' ready to sacrifice for their students, or havetheirchoices alreadybeen secretly made? The R&WCommittee'sMinimum Standards willbe proposed tothe faculty Academic Policy & Programming Committee orAPPC (which, curiously, hasnot yet met this semester). Students should consider the state of confusion surrounding theR&W programand urge the faculty to act now to change this situation, before it is too late. The author is co-chair ofthe SBA Research & Writing Committee. The disabled do those with certain neurological disabilities (like Specific Learning Disabilities), were effectively prohibitedfrom taking theLSAT. There was no Braille version ofthe testand no not make it into the pie charts... provision for giving disabled students extra timeto have instructions and questions read to experience aneven higherlevel of frustraaloud or assistance in handling papers and tion posed by the differing and specialized marking answers." Indeed, when I wasa law needs requirements. The question follows, student here from 1976 to 1979, the blind will they be able to handle the extra load of students I knew back then toldme thatthis law problems and frustrations on top oftheregular school simply didn'trequire them to produce Law School Experience and should they be an LSAT score, since there was no way for givenachancetotryit,attheexpenseofanonthem to beable to take the test. handicapped applicant? , The law school here chose to review Thosewith''hidden ' handicaps, such othercriteriaand evaluate the students withas learning disabilities have an additional outthe benefitofthis score device. But atother burden ofproving that theirhandicap isreal. law schools, theburden was on disabledappli- According to Laura Cooper, "It'sfrustrating, cantsto beable to fitthemselves to the LSAT embarassing, andhumiliating to discover that test in the regular way it was administered in order to be integrated you have topoint out despitebarriers whichtended to make the test thatyou are differentand require special help." all but possible to complete. According to you consider that there are 43 When Laura Cooper, chair of the ABA's Disabled million disabled Americans and the fact that Lawyer's Committee, that once disabled apthe Rehabilitation Act of 1973 has been in plicants managed to get overthis hurdle, itwas place since 1977,and thenlook at any survey thenroutinely expected forthedisabled appliof the American labor force, you will cants to have a higher score than their ableimmediately realize that the disabled have bodied peers. Section 504 and recent ADA been "a minority rarely visible and rarely Legislation have been effective in ending this acknowledged" and that is still largely the formofdiscriminationbyLaw SchoolAdmiscase at present! Surveys generallyexamine sions policies and procedures. Since 1984, minority employment in termsofrace and sex; ETS (Educational Testing Service-creatorof rarely are disabled included as a category. theLSAT and MBE exams)hasbeen willing "The disabled do not make it into the pie to provide customized accomodations forthose charts'' whenaffirmativeaction programsare disabledlaw studentswho request them. planned. The Student Lawyer article cites But the Student Lawyer article says Census Bureau datastatingthat 3 5.7percent of "ETSflags theresults, informing law schools dsabled men, ages 16to64,are working full or ofthe nature ofthe accommodations so that part-time and that a disabled man is almost eachlaw school may make its own evaluation three times as likely to be out of workas an (ofthe disabledapplicant.)" This information able-bodiedman. Asfordisabledwomen-only will put the law schools on notice that the 27.5 percent are in the workforce. student is disabled, even ifthe studentappliThe Student Lawyer article paints a cant has decidednot to tell thelaw schoolthat pretty grim picture for disabled law student he or she is applying to, ofthe existence ofa graduates being able to secure employment disability. Handicapped applicants are proafter graduation. "The tendency continues by SaultanH. Baptiste The battle ofthe Wild West is stillbeing fought in the greatplains of Alaska as Congress decidesthefateof theGwkh'inlndianNan'on. Indigenous tonortheastern Alaska and northwesternCanada, the centuriesoldtradition ofthe Gwich'in Athabascan Indian is threatened in the name of 'progress. OnOctober22,l99l, Joseph Hill spoke in the U.B. Law School lounge regarding the destruction of the National Wildlife Refuge in Alaska. The event was sponsored by the National Lawyers Guildand the Native American Peoples Alliance. Joe Hill spent last summer in Arctic Village, Alaska.where he lived Disabled Law Students Face Greater Difficulty in Shrinking Job Market byAngela Gott, SBALiaison toABA tected by federalcivilrights laws from having Handicapped Americans number anes- to admit the existence of a disability when timated 43 million people according to an applying to schools, sothis confidentiality is article in February' s Student Lawyer byDale effectively breachedby ETS. C.Moss, "Disabled Law Students FaceMany Accomodations forhandicapping conBarriers to the bar (Law Student Division, ditions afteradmission is "still verymuch ad ABAMagazine)~approximatelyathirdofthis hoc.'' Theodore Kovaleff, assistant dean at group is hearing impaired and a sixth ofthis ColumbiaLaw School, hasstudiedthis matter groupisvisuallyimpaired. Whenyouthinkof and has "tentatively concluded that state the population ofthe United States, some 2 50 universitiesand' 'hungry schools,'' paticularly millionpeople who do not realize the portion those with new plants, are most likely to be whichis disabledbecause historicallythey'ye attuneed to the needs ofthe disabled." All law beentreatedasthoughtheydon'texist. Indeed, students will generally agree that the "Law historically theywere keptaway fromsocietySchoolExperience" can be exceedingly frus-out ofsight, out ofmind. In thelast tenyears, trating at times. Therefore it seems quite the number of disabled college students has logicalthatdisabled students wouldbe thought tripled and these numbers are similarly increasing at our country' s law schools. According to StudentLawyer.'' it used to be that blind and quadriplegic students or 'DANCES WITH , WOLVES ISN'T JUST HISTORY . strong among employers, especially law firms, to equate disability withinabilityaccording to DaleC. Moss in hisarticle. He says that "not all handicaps are equal in their effect upon a prospective employer's'favorite handicap' is 'a clean orthopedic problem. perhaps an amputee on crutches, orsomeone in awheelchair withonly partial paralysis ofthe lower limbs,accordingtoamajorplacementagency forthe disabled." Campusrecruiting programs dolittle or nothing to help disabled studentsfind employment andrecruitment programs like job fairs for minoritiesnever include the disabledas an eligible minority for participation. Theplanners just haven'tconsidered it,because more thanlikely, the plannersare not disabledthemselves and don't see how the world discriminates against the disabled too. The disabled are going to have to organize themselves to demandapieceofthatpiechart beforeCareer Placement Organizersdo anything to promote the hiring ofthe disabled. As if Law Shcool wasn't difficult enough, mostofthe disabled studentsrealize thatthe next big hurdle will be passing their state's Bar Examinations, and they willbe in needofaccommodationsonthoseexams. I feel thatiftheLaw Schools take theaction to admit these students and thus provide disabled students spaces that able-bodies students originally took they are obligated to help those students who are successful in completing Law School to procureaccommodations tothe same extent for taking the Bar Examinations. It is not logical to puta minority groupthrough theLaw School Experience,'' ifupon graduationand due to denial ofproperand complete accommodations on the Bar Exam, these students willnotbeable to passand thusnever be able to function as attorneys. Law Schools need to educate theState Boards ofBar Examiners and not leave individual handicapped students to hang in the wind alone and abandoned oncethey graduate. Laura Cooper calls this "a horrendous problem" and says that "Bar review courses usually prohibit taping andareofleninaccessible." Ms.Coopersums it up quitewell in saying: ' 'Certain disabilities, mainly neurological inorigin, have yetto berecognized by examiners,and there is alack ofpredictability and consistency in their extemporized accommodations for others." Justrecently, theBuffalo News carried anarticle that only 32 persons are being hired to police 650,000 businesses across theNation to ensure compliance withthe Americanswith Disabilities Act. It is clear to me, that the federal courtsaregoing to be facedwithforcing employers to hirethe disabled, justas they' ye forcedthehiringofolherminorities. Voluntary Compliancedoesn'tseem tobe"The American Way!" among the Gwich'in Indians. While there he ate the food on which these people thrive - the porcupine and the caribou. The caribou, a descendent of themoose, is thefocal pointoftheir way oflife. Like the buffalo ofthe west, these indians rely on this animal as theircoresource offood, clothes, and tools. Thebirthplaceandnursery grounds ofthese animals is the target ofmajor oildrilling and development. The developers say that the oil drilling will not destroy the environment, butthe Gwich' inIndians fearthat an accident, suchas the one caused by Exxon in thePrince William Sound, is possible and will destroy an entireecosystem and theirmeans oflife. Caribou biologists havealready seen dramatic changes inthe mortality rate of these animals and say that a change in their migration path will result in thereductionof2o-40%ofthe herd. The lack ofthis most important resource may force the Gwich'in Nation torely on welfareandfood stamps and learnanew dietwhichmay damage their immune system. Currently 80%of aGwich'inlndian'sproteincomesfrom the caribou. Maybe Congressthinks thatIndians are not important enough to consider when making energy decisions, but the 9000 members ofthe Gwich'in Indian Nation are mounting anaggressive battle to sustain theirlife inAlaska. The Gwich' in Indians are askingCongress to declare the area targeted for drilling a "Wilderness Area" and it would therefore be permanently protected. TheGwich'inlndians feelthat to allow thisform ofdestruction would violate their internationally protected civilrights. According to Article 1 of the International Covenanton Civiland Political Rights, the Gwich'in Nation claims that they, as a people,' 'may in no case... be deprived ofit's ownmeans of subsistence." Canada has already protected its portion ofthe land as a wilderness area. It is estimated that approximately 3.3 millionbarrelsofoilexist in the targeted area. The question is whether ornot sixmonthsofoilis worth destroying awholeculture. As said by Sarah James, a resident ofArctic Villagebefore the Subcommittee on Fisheries, Wildlife Conservation and the Environment, "This is notjustan environmental issue, itisabout the survival ofanancient culture that depends onthe caribou. It is about ourbasic tribal and human right to continue our way of life." October 29,1991 The Opinion 3 �OPINION 41™ Volume 32 No. 6 October 29, 1991 Editor-in-Chief: Managing Editor: Business Manager: NewsEditor: John B. Licata Andrea Sammarco Natalie Lesh SrikantRamaswami Features Editor: DarrylMcPherson Layout Editor: Vito Roman Photography Editor: Michael Radjavitch Staff Writers: Kevin Collins, Saultan H. Baptiste Contributors: Rebecca Eisen,Jeffrey Ertel, Angela Gott, Bill Kennedy, Brian Madrazo, James Maisano, Hans Tirpak,Tom Winward, Paul Roalsvig EDITORIAL Few skillsare morefundamental to the attorney than theability to do competent research and to writeeffectivelegal documents. In the finalanalysis ofa legal education, perhaps this isthe most tangible skill acquired by all students who attend law school. Given this cardinal role of our collective future, the Research and Writing (R&W) program's future at SUNY-Buffalohas beentheconcem ofmany students, professors and administrators. TheSpring 1992 R&W programhasbeenproposedinaskeletalformand has been greeted with apprehension on the part ofthe students. The program is an experimental onewith the proponents putting forth theirbest face andpromising a full faith effort on the part ofthe educators. Law studentsat all levels are viewing the R&W program in a skeptical manner, thefirst year students wondering whatbenefits they willreceive from the exercises and the rest concernedwiththe impact upon employment opportunities. The aspect ofthe present program thathasraised eyebrows is the involvement of faculty at the level that used to be occupied by teaching assistants. These faculty members have not beenknown for theirinvolvement in R&W and the new found willingness toparticipate has students wondering about themotivation ofthose faculty members. Common concerns among the student body are whether thefaculty will devotethe timenecessary to make the program an effective one andwhetherthe faculty involved are qualified to teach anR&W program. These questionshave been met withsurprise that the collective integrity ofthe educators at the law school is being questioned concerning the topics ofeducation and the welfare ofthe studentbody. The questions asked by the students are aimed at strengthening the program, not at tearing itdown. Many ofthe studentsat SUNY-Buffalo have professional experience in onerealm or another and should not be dismissed for lack ofadministrative knowledge. To bepart ofa new program or grand experiment is something ofintrinsic value. Ho wever, when thecost ofthat experience is aloss ofanelemental ability inone'schosen profession, the price becomes too acute to be stoically endured. Copyright 1991. TheOpinion. SBA. Anyreproduction ofmaterials hereinis strictly prohibited withoutthe expressconsent ofthe Editors. TheOpinionis published everytwo weeks during the Fall and Spring semesters. It is the student newspaper ofthe State University ofNew York at Buffalo School ofLaw. The views expressedin this paper are not necessarily thoseofthe Editors or StaffofThe Opinion. TheOpinion is a non-profit organization, thirdclasspostage entered at Buffalo, NY. Editorial policy o fThe Opinion is determinedby theEditors. TheOpinion isfunded by the SBA from Student Law Fees. The Opinion welcomes letters to the editorbut reserves theright to editfor length and libelous content. Letters longer than threetyped double spaced pages will be edited forlength. Pleasedo notput anything you wish printed underouroffice door. Submissions can be sent viaCampusorUnitedStatesMail to TheOpinion. SUNYABAmherst Campus, , 724 JohnLordO Brian Hall, Buffalo, New York 14260orplaced in law school mailboxes 443 or 512. Deadlines forthe semester are the Friday before publication. Submissions forThe Opinion should be typed and double-spaced oron ffiM compatible diskofeither 3,5" or 5.25" format, using any ofthe foHowingprograms:MicrosoftWord, MSWindowsWrite^SCntext, MuWMate,WindowsWord,Word Perfect42/s.l,orWordstar. 4 Th» Onininn Ortnhor 70 10Q1 Letters to the Editor Cartoonist Replies opportunities." Mr. Rudnick, it seems that your solution to the problem of discriminatoryhiring practices in the United States Aimed Forces is to banthe military from campuses all across this This letter comes in response to Scott Rudnick' sletter to the editor, which appeared in the October 15,1991 issueofTheOpinion. attacking the cartoon entitled, "Any Difference." Although I don'tintend to make a habit ofcommenting on future cartoons, I do believe that your letter compels me to respond, Mr. Rudnick, not so much because of its lack of open-mindedness, or thefact thatyou found it aconvenient vehiclefor couching your deepseated disdain for the United States military (and their apparent fight for the new world order"), but more so because ofthe vitriolic attack you launched against me personally. The cartoon' 'Any Difference"posed the question, "Whatdifference would itmake ifthe JudgeAdvocate General's Corps (JAG Corps)wasbanned fromusingthecareerdevelopmentofficeand interviewing studentshere atthe law school?" Theobviousanswertothat questionis thatit wouldn'taccomplish adamn thing towards meeting its objective, which I assume is to end the discriminatory hiring practices ofthe Armed Forces. Instead, banningthe JAGCorpswouldonly serve to deprive many more students oftheopportunity to interviewwiththe JAG Corpsifthey had the desire to do so. Who do youreally punish by notallowing the JAGCorpsoncampus,Mr. Rudnick? It certainly isn't the JAG Corps; they can go elsewhereand continuediscriminating against gaysand lesbians, those overthirty-five years old,andthedisabled. It's your fellow students who would have been punished, Scott, if the Lesbian and Gay Law Student Organization (LGLSO) and the National Lawyer's Guild (NLG) had actually been successful in their legal action against SUNY-Buffalo. In your letter, Mr. Rudnick, you suggest that the point ofmy cartoon' 'should havebeen that punitive action was taken against the ones who denied the opportunities." Well,thatwasthe pointof mycartoon because theLGLSO and the NLG were the ones who would have "denied the country, withthe hope that someday they may abandon theirideology. Am Ito assume then that ifwe werehaving this samedebate during the era ofthe school desegregation cases that you would advocate thatnobody should have been allowed to go attend schooland have an opportunity to get aneducation untileveryone was allowed to attend the same school? Thus, thereal issue appears to beone of perception, whether theglass is half-empty or half-full. At present, some students are l 'allowed' ' to interview withthe JAGCorps, thus affording somestudents a career opportunity. However, if you take that opportunity away from those studentswhat purpose is served? Aren't we just going backwards? How are those students whoare discriminatedagainst helpedby denying othersanopportunity? Ifwe keep emptying the glass we'll never find a solution, will we? What you should have done, if your objective was to eliminate the discriminatory hiringpractices ofthe ArmedForces, is instituteda suit against the JAG Corps or the entire ArmedForces oftheUnited States,notagainst SUNY-Buffalo. Taking opportunities away from your fellow classmates will definitely not win youany new supporters, no matterhow admirable your cause may be. In addition, writing a letter that portrays someone who disagrees with your point of view as a " fascist' 'ora' 'gay basher certainly won't help you win friends and influence people either, Scott. Compelling your fellow classmates to forego opportunities to furthera cause that you fee!they should support once again evidences the narrow-mindedness ofcertainfactions of the liberal mindset at this school. Although I doubt it, I wonder if this response makes "Any Difference?'' Sincerely, Bill Kennedy, 2L MootThanks NuclearWarPrevention To the Editor: Studies Members oftheMoot CourtBoard wish To the Editor: to extend their thanks to the University of While the changes in the US-Soviet Buffalo Law Alumni Association for their relationship are fostering disarmament on a generous contribution to wardthe awardsbanscale whichwas previously unimaginableand quet held at the conclusion of each year's evennow hard to believe,let usrememberthat competition. the current global environment continues to Inrecognition ofthis gift,theBoard has fosterpotential catastrophe. The' 'Cold War titledthe dinnerthe Law Alumni Association may be over, but,as events in the Middle East Awards Dinner. The banquet is the culminaprove, conditionsexistedforincreasednuclear tionofa great dealofhard work by thecompetiproliferation withall ofthe potential dangers tors and by the members ofthe board. which accompany it. TheannualCharles S. Desmond Moot We as a community will soon be afCourt Competition is a crucial element in the forded the unique opportunity to gain an awaretrainingoffuture attorneys. Thecompetition ness about the political, technical, and enviprovides arigorous legal writing andoraladvoronmental issues which can lead to nuclear cacy experience for all who participate. A proliferationand to discuss how wecan effect banquet made possible by the Law Alumni safesolutions. Theevent, co-sponsored by the , Association is a fitting tribute to past and University at Buffalo sNuclear War Prevenpresent contributors. tion Studies Graduate Group and the Cornell At this year's banquet, top competitors University Peace Studies Program, is a nawereawarded with plaques inrecognition of tional conference on ' 'Nuclear Proliferation their achievements. The plaques were speand the Security Imperative" to be held in cially designed this yearto honor the Honor- O'Brian Hall, November 1-2. Numerous exable Michael F. Dillon, the former Presiding perts fromacademia, government and internaJusticeofthe Appellate Division, Fourth Detional organizations will be outlining both partment. JusticeDillon, who sat annually as futurerisks and solutions to the nuclear probajudge in thefinalround, diedearlierthis year. we His insightful questions fired at competitors lems which all face. Among the participants will be acweretrulymissed this year. claimedauthor andphysicist Freeman Dyson Matthew P. Worth oftheInstitute forAdvanced Studies, Princeton, Treasurer ofthe Moot Court New Jersey; Joseph Pilot ofLos Alamos NationalLaboratory; and AnatolRapoport ofthe University ofToronto Peace StudiesProgram. All events are freeand open to the public. The issues are timely and most worthy of your thoughtfulparticipation. Peace, Jonathan F. Reichert ProfessorofPhysics Director, Nuclear War Prevention details on page 7 Studies, SUNV Buffalo SBA Halloween Party �Toward Mid-East Peace McPHERSON! b\ Danyl McPherson Life is a challenge. Now I realize that that is not great revelation, but Feuliim F.dilor Isupposesomepartofmedidn'twant make a fool of myself in front ofthe sometimes itsurprises me how the human judges; even though I had psyched myself spiritendures through adversity. Having into believing that the judges and their just finished the Desmond Moot Court comments were irrelevant to me and my Competition,I have firsthandknowledge life. Now that it's thankfully over, I ask ofwhat it's like. Just getting to the point myself if I learned anything. I discovered where I could viably compete was tough that fear wasn't a problem. Facing the enoughfor me. I lost two partners before judges didn't bother me nearly as much as being perfectly matched with The the sacrifices I made inmy lifetogettothat Opinion's Managing Editor, Andrea point. I now know thatI can handle public Sammmarco. Our attitudes toward the speaking, but again, that wasn't much ofa competitionwerecompatible, which made problem to begin with. So, did I waste my goingthrough thewhole thing much easier. time doingMoot Court? And being paired withTheOpinion'sbest Idon'tthinkso. writer, I didn't have to worry about the The scoringofMootCourtisn'tbased on one's substantive argument, but rather qualityofher brief. Where Moot Court has been how the person handlesthe situation. I can concerned, Icameoutpretty lucky. 1had an apply the samerationale to this experience. excellent partner, who was intelligent, Generally, I whinedand moaned throughout industrious, and most importantly, fun. the competition, but I needed somekind of Everyone continuallytold me thatI would release. I'maborncomplainer.andlusually have fun during the competition. Truth to tell, I found the experience extremely stressfuland detrimental to my studies. (Also, dueto aNew YorkPractice make-up class on Thursday night, my record ofhaving never missed a class since 7th grade was shot.) The onlyreal joy I got out ofit was forging astronger friendship withAndrea, and going to the celebrations when it was finally over. Personally, I have no ambitionsre- gardingMootCourt. I didn'twantto goto thefinalrounds, andldon'texpecttoget on the Board. I'm a realist, andI know where my talents lie. For me, it was satisfying enough to see Marc Hirschfield, Kimberly Danzi, DavidNiles, and EricNordby make it through. AUofthemarethirdyear former Section Three classmates who are dazzlingly intelligent,and much deserving of the honorofadvancing. I hope they make theBoard too. The one thing that surprised me was the general good sportsmanship (sportspersonship?)thatprevailedthroughout. Everyone hadkind wordsabout their competitors, and seemedto wishtheirclassmates well. I never encountered any cutthroat attitudes. I had the disconcerting experienceofarguing off-briefagainstmy good friend Mr. Hirschfield. Though we didn'thave to find out, we decided to hear who won. lwasgiad that Marc andKiniwon because I felt they deserved it. Though through thecourse oftheweekAndreaand I workedhard on ourarguments, Marc and Kirn put in the timeworthy ofthe championship competitors they turned out to be. I didn* twant Moot Court to become an obsession. Once I teamed up with Andrea, we both agreed that we weren't going to gocrazy producing thebrief. Still, when it came time to prepare our oral arguments, it seemed that Andrea and I spent a great deal oftime in the Opinion office preparing. My life, moreso than Andrea's (who went to the Bills Monday nightgame), pretty much went on hold for theweek. Thatamazesmebecauseldidn't expect that I would pul that much energy to see the negative first. Overall, I can't say I'm glad I didit; that overstates the case. I am glad it's over, and I'm left withan odd feeling ofsatisfaction. Aslastyear'squarter finalist Nicole Moss instilled within me, itwas an experience I shouldhave, and I' m hesitantly forced to agree. The finalconclusions ofits impact on my life though, I'll decide at a future time. Iwill admit this much, however. Despite that I continually told myself this didn't matter to me, I somehow found the experience much morerewarding when I was toldthatAndreaand I won ourround on the third night. Finishing with a victory virtually validatedall ofmy timeand effort. That's a selfishconclusion toreach, I realize, but it sure feels great. Surviving the challenges oflife tends to dothat I suppose. A final note to MootBoard member Melissa Mazurowski-1 told you so. byAnthony J. Colucci, Jr. Class of 1958 Weare compelled to respond to David Lask's Commentary that appeared in your September 3rdissue. Mr. Laskchoseashistitle "A Justification for the Shamir-Likud Position." The article is conspicuously absentofany demonstrativeobjective statements that explainaway the present dilemma as we all concurrently search for lasting peace in the Near East. We, of course, is plural and we mean here not onlythe theological groups(namely Christians, Jews and Moslems) but also the peace loving nations ofthe world and their contribution towards a meaningful and equitable enduring peace. History regretfully is somewhat different from theassumptions put forthby Mr.Lask. First, as we all are aware, historically the struggle betweenPalestinian Arabsand Palestinian Jews started after World War I. At that point,approximately ten percent ofthe population ofPalestine wasJewish. Between 1920 and 1947 when the partitionof Palestine was proposed by the United Nations, the Jewish population increased to approximately 31 percent. The balance wasChristian and Moslem. In 1948,after the UN declarationofthe State of Israel, the communities (Arab and Jew) were tornapart seemingly irrevocably by the evacuation of Jews from the Arabic land, i.e.the West Bank, Gaza Strip, GolanHeights, etc. and the forceful displacement for over 750,000 Palestinians, Arabs and Christians whofled the new Jewish state. Warfollowed war. All this is a matter ofhistory. A lasting peace needs by it terms to be an equitable resolution ofthe myriad issues thatnow remain as part ofthe Israel/Palestinian initiative. For example, how best do we resolve the matter ofthePalestinian Arab who was forcefully displaced from hishomelands (as a result ofthe partition) and whose real estate was forcefully acquired by the New JewishState? Conversely, how do we legitimately satisfythe Israeli nation tothe proposals for an enduring and lasting peace? Contrary to Mr. Lask'srather emotional review, there is absolutely no doubt that the Israelis never considered at any timethat the WestBank, Golan Heightsand the Gaza Strip were theirs by right of law or by right of conquest. In feet, theycarefully articulate two concepts both ofwhich negate suchaconclusion. Thefirst is thatvery nasty wordofWorld Warll fame "annexation." Heretheyhave utilizedthe conceptfor the forceful incorporationofthe GolanHeights withoutUN approval or for that matter without Syrian approval. Annexation was the gravamenforthe invasion CLASPARTICIPATION... oflraq! Annexation was the gravamen forthe beginningofWorld War FI when NaziGermany utilized the same concept as they invaded Czechoslovakia and A ustria. I fweare to obey theruleoflaw, whereis the justification forthe Republic o I"lsrael tocontinue its occupation of the Golan Heights? Now let us turn to the "prizes" ofthe right of conquest. Here we have Mr. Lask embracing a lifting ofthe so called Arabic boycott; an urgefor' 'additional settlements'' ,, inthe "occupied territoriesand an attempt to become quite hawkish by making it clear that Israel has a nucleararsenal and, therefore, will acquire its goals' 'peace or not.'' No one in the Israeli government ever dreamed ofsettlingthe occupiedterritoriesby the very definitionoftheword' 'occupied.'' The settlements came as a result of several Jewish families in good faith deciding toconduct their " Seder" inalocal hotel in the West Bank City ofHebron in 1968. Weallknow that the ritual meal celebrates the exodus ofthe Jews fromslavery in Egypt. To these good and well intending religious Jews, having their Seder dinner in the biblical lands symbolized the return ofthe Jews to Israel. Further, to state that Israel will not consider "land for peace" runs contrary to history since weallknow thatPrime Minister Begin, clearly conceded land for peace with Egypt in 1978. Moreover, President Carter came away from the negotiations believing Mr. Begin hadagreed to not onlyalong-term freeze on settlements but a final plan on Palestinian autonomy. As onelookscarefully at the documented references at the State Department, there is absolutely no doubtthatMr. Begin hadagreed to the freeze and to keeping the faithwith Mr. Carter. The problem withMr. Lask'spositionis the factthat theLikud Party barely manages to governwithouttheconstant day-to-day support ofthe far right splinterparties. The latter, of course, advocate additional settlements and why not? Ifthis logic is correctand you have themilitary might, why notpushthe Palestinian Arabs right out of the partitioned occupied territories! This will provide comfort and perhaps "land security" to the Republic of Israel, but will itever gainlasting peace in the Middle East? Accordingly, insteadofrattling ourteeth as to Israel's militarymight,David Lask (who Iassume is alaw student) should wellheed the mandateofourprofession inresolving matters (including international issues)by negotiations, by compromise, byaccordand by satisfaction. in Till Ks.w'h into it. I didn'tthink I could. October 29,1991 The Opinion 5 �Constitutionally Speaking: What Does the Second Amendment Really Say? byJohnFoudy 'A well-regulated militia being necessary to the security ofa free state, theright of thepeople to keep and bearArmsshall not be infringed.'' Guncontrolissueshave been in thenews again lately, remember the debate over the Brady bill, not to mention what occurred in Texaslastweek. Wheneverthedebateheatsup someone will bring upthe second amendment to the US constitution. Sad to say my introduction to Constitutional interpretation wasviaanNßA publication about 7 yearsago. The topic was the 2nd amendment, oras they cite it,' 'the right... to keep andbear arms shal 1not beinfringed.". As I recall the author ofthis article said that the amendment means whatthe NRA wanteditto mean and that any form of gun control was unconstitutional. (Unless ofcourse one had been a convicted felon or had a psychiatric history.)Fortunately, orunfoitunately.theNßA is not responsible for interpreting this or any otherconstitutional issue. The secondamendment apparently deals witha 'collective'right (some StateConstitiltions do specifically refer to an individual right). Ithas two basic origins;the EnglishBill ofßights ofthelate 17th century and Colonial experience justpriortotheRevolution. Under theEnglish BUlofßightstheMonarch was not allowed tomaintain a standing army, in peacetime, withouttheconsentofParliament. Inour Constitution Congress was given theauthority to raise armies and navies. The English laws also stated that Protestantshad theright to arm themselves. Thiswas inresponse to past experience with a Catholic king who sought to disarm the Protestant majority. In the Colonies England had begun to maintain a standing army, ostensibly for the Colonies' protection. The Colonists did not approve, foravariety ofreasons. Thecolonists had no voice in Parliament, therefore theyfelt that no standing army should stand in their midst. The colonists also felt that they could adequately (best) defendthemselves through their own militias. The basic idea was that a free people with their own well-regulated ' militiacould not be oppressed. That is where that phrase comes into the picture. The key wording is: well-regulated. A disorganized militia ofindividuals wouldn't bevery effective at protecting the common good,the colonists did not believe in vigilantism. Theotherhalfoftheamendmentcanbe read simply; people isconstitution-speak fora collection, not individuals,keep does not mean own or possess. That last distinction is very important. National guardsmen "keep and bear" arms. They donot ownthemand possess them intheirhomes fortheirindividualprotec- Bar Revu BarRevu Update Drama. Excitement. Sixteenpound balls, thundering toward unsuspecting fiberglasspins. Bowling. Sheridan Lanes ("where George grewup ") wasthe scene ofthelatest Bar Revu bowling and brew-fest. The competition was fierce; friendships were tried. But our happy Revu-ers, after repairing some interpersonal damages, managedto samplemany ofthe fine draft beverages available for human consumption. Nursing theirprideand a few ofthe finer imported, each revu-er vowed to doublehis orher bowling score at the next annualbowlingandfbrewbash. Therevu- ersthen made it to a Moot courtparty and sampled some ofthe finerfreebrew available in Buffalo. Afterthis week'sbye, the Barßevu prepares for the big SBA Bash at 573 Linwood A ye. this Thursday,All Hallows Eve. Anddon'teventhinkaboutattending withouta costume. The BarRevuhas selecteda Halloween theme: come as your favorite biblical character (please note: we still need a Lazanis,buttheßurning Bush istaken). So onceagain, please join us for an evening of revelry and boisterous tales (rumoris that Bob G. willbe telling' 'mytrip toWashington' ' stories aroundthe deep-fryer). Remember.ifyoudon'tshowupthis week, we might neverask again. tion. Movie Review Ofcourse it is the SupremeCourt which has the final word on Constitutionalinterpretation. The last time the Supreme Court diby Renee Walner rectly tackled a guncontrol law was in Miller Frankieand Johnny originatedas anoffv. US. 1939. An appeals court had held the Broadway play inNewYork telling the story of National Firearms act of 1934 to be invalid. two lonely, plain,middle-aged people, awaitThe Supreme Courtreversed, stating thatthe ressanda short order cook, who have givenup ideaofthe 2ndamendmentwas obviously the hopethaithey would everbe in love. They have preservation ofthe militias, and a law which long reconciled themselves to this, and live (among other things) regulated the length of withoutany expectations. However, theyfall shotgun barrels had no connection to thatpurin love despite their long held convictions. pose. In 1983 the Supreme Court let stand, Kathy Bates {Misery)and F.Murray Abraham without comment,an Appeals Court decision (Amadeus) played the couple in a decidedly upholding the Morton Grove, 111.hand gunban. unglamorous manner, making their newly Aninteresting second amendmentcase formed relationship all the morepoignant. is thatofPerpich v. US DepartmentofDefense. Frankie and Johnny has been adapted which wasadefinite second amendment case into a feature film comedy-drama, with a andhadnothing atalltodowith theissueofgun revised screenplay by TerrenceMcNally, and control or individualrights. The Governor of with typical Hollywood panache features the Minnesota waschallenging theDepartmentof pointedly un-frumpy MichellePfeiffer and Al Defense'srighttosendGuardsmenon training Pacino. The new movie, directed by Garry missions to CentralAmerica. If thatisa second Marshall, though hardly resembling theplay, amendment issuethen whatis theNRA talking is an entertaining and evocative film. about? MichellePfeiffergives aterrific perforAttimeslowerFederal courts and State mance as Frankie, a waitress in her mid thircourtshave interpretedthe second amendment ties, who, due to a series ofbadrelationships, to give an individual right, but the Supreme has determinedly reconciled herself to never Courthas neverevenleaned in that direction. beingapartofacoupleagain. She is obviously I'm not going to get into whether or not gun unhappy, yetis unable and unwilling toresolve control, orregistration oractual bansare good this. Despitethe hurt she feels, sheis not bitter ideas or not, what I am saying is that it islargely orresentful.She islivingalifeofquiet despera(I say largely because theremay be sometype tion,andthe anonymous nature ofNew York ofdueprocess right, either in liberty orproperty) allows her to do so with little interference. not aConstitutional issue,atall. (A conclusion Frankie's circleofacquaintances is confined whichsurprised me). toher co-workers, the restaurantregulars and her best friend, a gay neighbor. Pfeiffer deserves much creditforprojecting a quietreal- ism toherrole. She has managedto gobeyond herlooks in projecting a woman who has had some troubling experiences. Pfeiffer'scharacterization is subtle, and quitenatural. Johnny,played by Al Pacino, isa newly hired short-ordercook in the restaurant. Hehas justbeenreleased fromprison,wherehe served time for check forgery. He has undergone a catharsiswhile inprison. His confinement has allowed him to discoverapassionfor cooking, whichgiveshimanewzestforlife.Hehasdone a lot ofreading, and thinking, and emergesas a man who is in touch with whatisimportant in life. At the restaurant, he falls for Frankie and pursuesher. Heisconvincedthatthey are a perfectmatch,and despiteFrankie' s efforts to withstand a relationship, never loses his determination. Pacino pursues this role with exuberance, and is winsome and appealing. Hisreturn to the screen has longbeen overdue. Gary Marshal, who in previous films tends to be unduly sentimental, deservescredit for toning it down. The more light-hearted scenes play well. The film moves fast, yet gives attention to details. McNally deserves credit for a well-written screenplay withreal insight and depth into human relationships. Also deserving noticeis the colorful, supportingcast thathelps to providethe film's comic moments, most notably the waitresses Cora and Nedda playedby Kate Nelligan and Jane Morris,andFranMe'snextdoorneighborNathan J^ane. A Slice of he Onion for Halloween byJackO'Lantem Due to unforeseen technical difficulties withequipmentsuppliedbythe U.B.LawSchool A/VDepartment, thearticle reporting onlast Wednesday'spresentation by Virginia Leary onthe UnitedNations ConferenceonEnvironment andDevelopment to be held in Brazil in seekers. A few of them logged on to one tenant'sCommodore 64 toreview 5.25" disks in search ofsaid outlines. Michael pulled the plug andpromptly escortedthemtothekeg. All appeared tobe much happier. Members from the NLG, who arrived separately but at the same time in affirmation June, 1992,hasbeenreplaced with afictitious oftheirindividuality and co-dependence, berendition ofpossible events to occur at this gan to squabble with dieFedsonthe frontlawn Thursday's Halloween Party. about the Thomas hearings. Luckily, Jim The ItalianLoafer did notcome. NoneMaisanoarrived almostimmediately dressed theless, it was thatkind ofnightand therewas as an NFL referee. After making the parties that kind of feeling. Cato, the official SBA wait twenty minutes while he reviewed the mascot, was the first toarrive sporting athick film, he declaredthatthe play stood as called black beardand moustache, two pairsof outraand ushered everyone into the rather large geous hiking boots withpink laces and a long apartment at 573 Linwood. The aforemenrawhide coat. No one could guessthe identity tioned tenant-bouncer, overwhelmed by the of the human he attempted to emulate, as large crowd flowing through hisrather large everyone inundated the poor animal with the front door, stormed off to his bedroom and query,' 'Whoareyou supposed to be?'' Cato, slammed the door. Scott Rudnick, dressedas angry and in despair, proceeded to urinate on Jerry Garcia sporting a powder blue leisure DarylParker'sbag. suit, swore that Cato quietly joined the agiThe Federalists arrived shortlythereaftated tenant-bouncer in his bedroom to offer ter, dressedas the NewKidson theBlock. They solace. There wereno otherwitnesses to offer were promptly escorted to the door by Todd, comment, however many did admire his leione ofthetenants oftherather large apartment sure suit/white bucks ensemble. at573 Linwood, who "just didn'tlike the way Theparry quickly moved intofull swing. they looked." The Federalists, bitter about Thelhirdkeg was tapped byDarrylMcPherson! theirrude exclusion, tried to swayyo ung, naive (dressed as the Good Humor Man) afterconfirst years away from the festivities. They sulting with the A/V Department to iron out failed miserably.asthe rather largcapartment several technical difficulties and referring to at 573 Linwood Avenue soon teemed with the Miss Manners Party Manual. The Nutrianxious, nervous outlinc-for-criminal-law- grainJcll-owaspassed out by ProfessorsBlum 6 The Opinion October 29,1991 and Ewing after they danced a passionate Inthe weehoursofthe night, the celebraLambada to cementtheirnew-foundrelationtionragedon. Shortlyafter 2 a.m.,a busloadof ship. Jerry Garcia, a.k.a. ScottRudnick in the men dressed as cosmonauts crashed theparty, aforementioned white bucks, swore that a and deposited eight industrial size 55-gallon settlementofferinvolvingroyaltieson "Kids drums ofglowing, green"chip dip." Angela Who Kill wasmade, but there wereno other Gottimmediately descended upon the dipwith witnesses to confirm acceptance on either a handful ofRuffles, and declaredit' 'thebest party'spart. jalepeno dip yet made to all within earshot, The New Kids on theBlock performed which happened to include all patients at the traditional rap and the partygoers perMillard Fillmore Hospital and a few ofthe formed the traditional "boo-them-off-the- residents ofForest Lawn. Therestoftheoverly stage." skeptical law studentstooka few whiffs ofthe The Feds testified that they all had troubled melange but stuck to Mike's Chili undergone severe and extensive electrolysis and bikini waxing for their costumes, and if they didn't win theprize forBest Costume, a class-action suit would be promptly filed. Peptang. Norbert appeared as Norbert Bates, twisted brotherofthe psychotic NormanBates, clad in a platinum wig and a tattered houseUnfortunately, Michael Radjavitch informed dresshewowed tehcrowd withhis duckimperthem thatallofthefunds had been encumbered sonations. Continually asking "Whichwayis for beer, and while the debate stillraged on thebathroom? Which way is thebathroom?," among theanalMarc-Hirschfieldretentive,the Norbert finally deposited himselfin the hallresfofthe revelers imbibed blithely unaware. way, declaring it to bethe smoking lounge of The SBA Reporter tried to take copious the party. Despitethe vigorous urgings ofhis notes onthe happenings at the SBA Party, but fellow classmates, Norbert refused to move was continually distracted by one ofthe tenandcited hispenumbra ofrightsand liberties ants. When theBuffalo Policecame, threatenfirmly lodged in Article IX ofthe United States ing to bust up the party, they were told that it Constitution. wasaProject Rescue fund-raiser, and they left At 4 a.m., the entireparty drew lots in a withoutaword. Therewasalmostariotasthe tributeto the newregistration system,and each males present fought for the attention ofthe pleasure-seeker paired up withthe individual SBA's Blonde Brigade, led by VP Katie whoheld the numberrequired to equal three Sullivan. In an ironictwist of fate, all ofthem hundred, theaverage place in line for SUN Vwere dressed as Marilyn Monroe. Buffalo students. Those participating were then left to their own devices. �1991 Desmond Memorial Moot Court Competition Winners Carla Goldstein and K. Jill Barr Fright Night Memories byAngelaGott I was born on May 19, 1951 and was raisedin Louisville, Kentucky. Irememberthe Halloween after my second birthday. My parents figured I was still too young to know what was going onand so they sortof" set me up "--1 was toldto go downstairsand answer thedoor. Finalists There I was inonly my little t-shirtand underpants, barefootand holding ontothebanas I went down one step at a time nister Michael Culp and Michelle Parker constantly looking back at my parents who were getting smaller and smaller as I continueddownthestaircase. Ikept looking back for reassurance and they kept urging me to go MaryWydysh and Colleen Joseph forward and finally I reached the massive David Niles and Eric Nordby heavy oak door. Ireached uphighto graspand turn the largebrass doorknoband to myshock and terrortherewerethe strangest creatures all yelling at onceand waving grocery bags that Eric Fitzgerald and Michael Hewitt were orange. The whole event was unlike Canzoneri Andrew O'Brien and anything I had ever experienced in my short frame ofreference. Thomas Callahan and Lynette Gohr The evening had already been out of Marc Hirschfield and Kirn Danzi routine-my Momforsome reasonhadputme Scott Rudnick and Roger Sagerman downfor my nap on herbedand I had notbeen awakened for dinner. When I awoke, it was darkand I wascranky and hungry and upsetat the changes in myroutine. I went downstairs I) David Niles and Eric Nordby and foundthatmyDad wasalready homeand theywereeatingwithoutme. Theywerenotin Vargha 2) David Lask and Michael the kitchen eating, which was unusual, and Canzoneri 3) Andrew O'Brien and they were not in the dining room which was usedfor company. Thistime, they were eating 4) Linda Chodos and Kathy O'Connor-Esack on asmallcard tablewithonlycandlelight and 5) Srikant Ramaswami and Erik Marks it wasnear thefrontdoorway ofthelivingroom onthe hallway by the entrance to our upstairs apartment. I was chilly in only my underwearand I) Michael Hewitt hungry and they wouldn't put me in warm 2) Carla Goldstein clothing and they wouldn't put me in my highchairand they wouldn't feed me theway 3) Scott Rudnick they usuallydid. No, theywerehanding down Pitarresi 4) piecesofmeat fromthe top ofthe table offtheir 5) Deanna Nelson platesand giving me sips ofwhite wine outof heavy green gobletsthat they wouldn'tlet me hold. Then theyasked me to answer the door, something they hadnever done before. So I was screaming with terror at these Errata... scary indescribable creatures,remember I was ofThe werePenelope 16,1991 the issue Opinion in October Misspelled names inphotos only two andahalfyears old so myvocabulary available for description was limited, all I StothersandTomCannavo. Law the International as President of present identified the Kirn Danzi was mistakenly Society. She is in fact the past president. Semi-Finalists Quarter Finalists Jack Best Brief Awards Jack Best OralistAwards Jennifer 10,000 Maniacs plus One , by Srikant Ramaswami, News Editor When I wentto see the 10,000Maniacs at the Marquee a week ago, I had mixed feel- 1977appearance ofBilly Joel at The Paradise in Boston I don'tbelieveI have everhad such run. The concertwas sogood thatwe decided ings. Ononehandlhadheardsomeoftheirjams to go again, the next night. The next evening was even betterbeand enjoyed them. On the otherhand, I didn't visiblylooked better.She danced causeNatalie know enoughaboutthebandortheirmusic. But into delikea on acid swaying circularly while gypsy going, I when JamalAruri urged me / gaveNatalie Merchant a rose, and she gave me two flowers in exchange. I felt I knew her. I felt I had lived with the music of the "Maniacs" for decades. cided to brave it. The Marquee is a neat little club down in Buffalo where audiences have a chance to getreal close to the entertainers. Thus, before theshowbegan,Jamalwasnudgedbyawoman who quicklymade herway towards the stage and disappeared behind the curtains. Jamal was excited. He had justrealized thatitwas in fact Natalie Merchant, the lead singer ofthe Maniacs whohad touched him! As the show began, I began to see why maniacs fans lovedthe shows. Despitea nagging cold, Natalie Merchant gave it her all. And sodid theband. We danced hard,and sang loud. In fact itmade me think that besides the her band catered to a level of mania. The audiences were onfire.Itwastime formetodo the unthinkable. I gaveNatalie Merchant arose, and she gavemetwo flowers inexchange. I feltlknew her. I felt I had lived with the music of the Maniacs for decades. I felt like every fifteen bucks ofmy ticket had been worthit. I even went outand bought an album or two. Natalie Merchant struck meas one ofthe most talented acts inshow biz today highly underrated, yet clearly a genius. - knew wasthat Ihad never seen people orbeings like this in my life and I was scared and I wet my pants. I was not indiapers because I was a ' 'big girl at the time. So I was standing in a warm puddle but freezing from the night airand scaredand crying and frozen and I couldn't - move-- I kept looking back up at myparents for help onlythey wereall smilingand laughing at meandldidn'tknowwhy —Ihadnoideawhy they were so happy whenI was so unhappy! All this washappening so quickly butthese were, myfeelings andreactions. The creatures toofo -<* mercy onme they pulled offtheir coverings on their heads to reveal they were mom's dancing school pupils --1 didn'tknow them wellbecause they were "bigkids'' butI'd seen them coming and goingoutofmyfolk'sbasement dance studio below the big house my great grandmother owned and below the upstairs apartment where I lived. So once they identified themselves and removed my fear, I realized my folks were downtherenowputtingsome tiny orangepieces ofsomething -- orangeand yellow things that looked weird my Dad gaveme oneand told me it was candy corn. I ate itbut I didn'tlike it. Thekids leftand othersreplaced themat the doorand my parents were busy trying to give them candy corn and get the doorclosed and then set about wiping up myaccident and I was so embarrassed at what I had done but I was more angry at my parents. I knew they had donesomething bad to mebut I couldn't quite figure out what exactly, only how I feltall duringthe traumatic experience. I hadexpectations ofwhatmy parents were supposed to do for me, based on their routine behavior and treatment ofme. hi retrospect, I nowknow whythey were set up at the makeshift cardtable near the top ofthe stairs so they could hear the doorbell and beonhand to answer the door fortrick-ortreaters. I understand now, whythey had not bothered to explainto meabout the concept of Halloween - figuring I wastoo young to understand. As an adult child ofalcoholics, I know now why I didn't get a proper meal thatnight and whyI was allowed to oversleepand why 1 was set up like I was - they were operating under the influence ofalcohol! - -- - SB A Party 9pm Halloween Night 573 Lin wood Avenue at Michael and Hank's "rather large apartment with five kegs" $2 at door with costume Prizes for Best Costumes October 29,1991 The Opinion 7 �From the Desk of the President byBrian P. Madrazo October 29,1991 General The SBA did not meet last week due to the Moot CourtCompetition. However, much has happened behind the scenes which has affected, is affecting or will affect students. First, let me congratulate the Moot Court Board forputting ontheDesmond Moot Court Cornpetitionandalsothosewho made it through the competition. Congrats are also in order forBPILP for atremendousPublic Interest Awareness Week and LGLSO for putting on avery informative National Coming Out Week. Their success was due in large part toplanning and coordination with many facets ofthe school, and the SBA congratulates them for bringing to the campus such a wide diversity ofevents. One facet of the school that is often overlooked when planning these events is the SBA. All groups whoareplanninglargeevents should contact the SBA as soonas possible to help work through possible pitfalls withrespecttoroom scheduling and, ofcourse, financing and reimbursing. box numbers andas many addresses and phone numbers as wecan get. A mailing will be put inyourmailboxesonTuesdayOctober29,l99l asking you to complete the information and return ittoadropboxin the mailroom. Ifyou do not complete and return this mailing by November 1,1991 the SBA willnot publish youraddressorphonenumber. Ifyouwish only yourphonenumbertobe includedthen indicate that on theform. Thedirectory will be distributed free ofchargeto all law students,faculty and student groups. The average time to complete themailingand dropit inthe boxis 10.678 seconds, unless thereisacrowdinthemailroom. SBA Halloween Party October 31, 1991, Michael R.s and HankN.'s house. Directions inyourmailboxes and on signs, five kegs, wine, munchies, door prizes for best costume etc.. Enough Said!!! See youthere. Red Cross Blood Drive OnMonday November 4 and Tuesday November 5,1991 theSBA is sponsoring, along withthe Graduate Management Association, aBlood Drive in theFirstFloorLounge. Ifyou Constitution The SBA Board of Directors will be wishto sign up foranappointment please stop voting to approve a new constitution at our by the SBA officebyFriday at noon. Walk-ins meeting onOctober 31,1991. Ifapprovedby a are encouraged, thewholeprocess takesabout two thirds vote, theconstitution will be brought an hour. Please eatbejarg you givebloodand try not toengage in especially heavy drinking to the student body in areferendum forratifiIt must a the thenightbefore. get majority of cation. students Hopetoseemanyofyouthere, voting in ordertoberatified. Ifratified itwould the goal is fifty units which is basically fifty go into effect January 1,1991. Ifapprovedby people. Ofcourse morethanfifty isalso good. the Board acopy ofthe oldconstitution and the InformationalMeeting proposed changes will be published in The On Tuesday November 5,1991, inreOpinion and both the oldand the new docuto requests from members ofthe first sponse on the SBA ments will be file in office. year class, the SBA is sponsoring an informational session on the current status of Recreation and 1nt ramurals As youread this articlea survey is being the Research and Writing Program. All first conducted by R& I at bothAlumni Arenaand years are encouraged to attend this important Clark Gym to determine usage ofthe facilities. look into the directionofaprogramwhich will The results ofthis survey will be used to help affect the rest ofyour law school career. The determinetheamount the SBApays toR&Ito meetingwill beinroom 106atspmandmembers of the SBA, the Research and Writing allow law students to use the facilities. Last year the SBA paid threethousand Committee and the administration will be six hundred dollars to R & I in orderthat law thereto answer questionsand hopefully identify students would be allowed to use thefacilities. problems at a time when some solutionsare This year R & I has billed the SBA almostfive available. Come prepared to ask questionsand voiceyourconcems. TheSßAhopestoseeyou thousand dollars, halfofwhich is dueby Novembers,l99l. Now.youmayaskyourselfa next Tuesday. number of questions such as: If R & I has Student WideJudiciary already billed the SBA what is the use ofthe Although this does notaffect many law survey? Did the SBA allocate five thousand dollars to R & I during the spring budget students I thought itimportant enough topass process? Did R & I know whatthey would be along. SWJ is the judicial arm of the undergraduates and graduate students. Law billing the SBA in the spring? Theanswertothosequestionsis 1)Ihave students are not currently under the SWJ's , been assured thatthe billing was "tentative ' jurisdiction, however, a law student may acand thatthe survey was more ofalong term cepttheSWJ'sjurisdiction ifthe student wishes. At this time I would strongly recommend thing, 2) SBA allocated only 3,600 dollars duringlast spring'sbudget process and 3)R& that no law studentaccept the court's jurisdicI made up itsbudget in the spring as well and tion. The SWJ has revised itsRules ofProceacopyofthat budgetrevealsthatR& I included dure in seeming violation ofitsown bylawsand as Revenue an SBA contribution of, yep you untilthis matter is resolved I remain skeptical ofthe courts ability to adjudicate. I willkeep guessed it, almost five thousand dollars. The SBA needs informationfrom you youupdatedas soonas Ireceive more informathe students on what you think of R & I and tion. whetherornot SBA shouldpay alump sum.The StudentTreasurers alternative is thateach student whowished to There will beamandatory studenttreausethe R & I wouldhave topay forapermit and the figures I have heard being talked about surer meeting on Wednesday November 6, include fifty toonehundreddollarsperyear. To 1991at4:3oor Thursday November7,l99l at that end a survey will be put in your boxes 3:30 p.m. in the firstfloor lounge. A student within a week. Please take the time to fill out club treasurer orpresident must attend one of the survey and return to a drop box in the these meetings to discussreimbursements for mailroom. The average time to fill out the nextsemesterandcurrentproblems. Thereare no exceptions, seeyou there. surveyis 15.2 seconds. Law School Phone Directory The SBA and Phi AlphaDelta are inthe process ofputting together a law school directory. It will include all lav\ students names and 8 The Opinion Finally The SBA will meet every Thursday at 5:00 p.m. in room 210 until the week before Thanksgiving. Stopinandktusknowwhatyou think, or drop by theoffice and givesusapiece ofyour mind. I Intil next time. October 29,1991 SBA: Up Close & Personal by NatalieA. Lesh, Special S.BA Correspondent Anyone observing the S.BA. meeting lastThursday wouldfind it hard to believe thatthegroupofpeople present, namely the Class Directors and the Executive Board, was the same group I havebeen describing forthe last couple ofweeks. The meeting was incredible! As Second Year Director Scot Fisher pointed out, it "ran like a finely tuned machine.'' While I wasencouraged by thefriendly and cooperative atmosphere ofthe meeting, I cannot say that it surprised me, given the shortand particularlyuncontroversial nature oftheagenda. Itdid,however, causemeto step backand re-evaluate my previous perceptions of the SB.A. Many people have commentedthat my descriptions ofthe S.B.A. meetings have been too harsh. While I willadmit thatthey have been critical, I do not think that this criticism is misplaced. Instead, I believe that my impressions are consistent with my position as an impartial (for the most part, anyway) observer. As such, however, they are necessarily at odds withthe impressions ofthose involved in the S.B.A. a perspective I have largely ignored thusfar. Don't get me wrong-1 do not wish to apologize or make excuses for what I have written. I think thatit is important, though, toput itinto somekindofcontext. Theprimary object ofmy criticism has been the constant bickering among theDirectors. AsI have stated previously, thisbehavior is extremelyfrustrating and tiresometowatchweekafterweek. What Ihave neglected to add, however, is that I am glad that this bickering takes place. It demonstrates that the Directors care enough about theissues before theS.BA. to vigorously debatethem. Itshowsthat theyareconcerned withtrying to resolve the problems facing the law school community. And it indicates their willingness to give up every Thursday evening in order to promote the varied and diverseinterests which exist at UB Law School. It would be very easy for the Directorstositbackand donothing at the meetings, letting the issues drift by without addressing the merits. It is refreshing to know that these elected representatives are activelyperforming their dutiesin tackling the issues without hesitation. Silence at the S.B.A. meetingswouldbea noticeable presence, and wouldreflectanapathy inappropriate for such aforum. The Directors are not afraid to voice theiropinions,regardless ofthe conflictand controversy theymay beinviting. Although itmay seemthat I have failed to appreciate this fact, I have beenkeenlyawareofthe strong senseof responsibility felt by each S.B.A. member. The situation is far from ideal, however. I still maintain that the members ofthe S.B.A. could show a littlemore respect for one another, and for opinions with which they disagree. Nonetheless, the role ofthe S.B.A. is to represent the needs and concerns ofthe students, and it is most important that this be successfully accomplished, with orwithout pleasantries. - Important SpringRegistration Dates - Distribution ofpre-registration materials all students November 6 pick up at A & R, 304 O'Brian - RETURN PRE-REGISTRATION MATERIALS Nov. 13 thirdyear students by lottery * Nov. 14 second yearstudents -by lottery* Nov. 15- firstyear students -- - ' Nov. 19 last day to return pre-registration materials STUDENTACCOUNTS Nov. 19 $0.00 balance due so thatpre-registration materials will not be checkstopped HEALTH SERVICE Proofofmeasles immunization mustbe submitted tohealth serviceby Nov. 19. Please note: Ist yearand transfer students, failure to do so willresult in an inability toregister for Springsemester courses. - Distribution ofSchedule Cards Dec. 4 •When pre-registrationmaterials arereturned by secondand thirdyear students to the A & R counter in Room 304, the student involved will selecta number from a box corresponding to the student's class. This number will be placed on the preregistration formandreceipt. Pre-registration forms will bescanned according to these numbers. Moot Court continuedfrontpage 1 encebetween sexual harassment and battered woman'ssyndrome,andtheanalogy toBernard Goetzand NewYorkPenal Law's justification statute,§3s.ls. AlthoughJudgesCallahanand Doerr werevery quiet, Dean Filvaroffmade up for their silence witha barrage of very well thought outquestions. Intheend, thecourtruled in favorofthe petitioners K. Jill Barrand Carla Goldstein. Michelle Parker and Michael Gulp were the runners-up. According tothejudges, the scores wereverycloseand they were quiteimpressed , withhow eachyear s mootcourt competitors have shown improvement over past partici- - pants. Many of the competitors and Board members gathered at the Clubhouse Restaurantthat evening, whereawards wereannounced and Dean Filvaroff presented the Michael Dillon award to Carla Goldstein and K. Jill Barr. In addition, BAR-BRI provided thewinners with a $450 scholarshiptoward theirbar review course. SBA Meetings every Thursday 5:00 pm 2100'Brian �Student Protest JAG Corps Interviews COMPUTER LAB OPEN Thenew fourthfloorlaw school computer lab opened Monday October 21. Seven ofthe fifteen Macintosh SE computers use high density disks whilethe remaining limitthe user to double density disks. Word Perfect and MS Wordare available for studentsto use for wordprocessing. Tom,the ComputerLab Manager, is quite willing toteach students how to use Word Perfect in groups of eight to ten students. Students may form agroup and see himto set up a timewhenthe group can attend for a ninety minute session to become familiar with Word Perfect. Some findMSWordeasieranditmaybelearned easily with theassistance ofany attendant to get the user overinitialrough spots. There are two laser printers and two image writerdotmatrixprinters. Studentsare asked to show theirlaw school identification, and ifthey printusing the laser printer they'll be required to pay later for their printing as the magnetic card system is still ,3] kSBBJM I being worked out. All dotmatrix printing is free. A student using the computer lab willneed two disks -- one will be the boot up diskto get the student onto the system and the other will be the data disk whichwill storethework produced by the student. An envelopeprogram foraddressing envelopes to gowith coverlettersandresumes hasbeen orderedandwillbe on line soon. Soon, WestLaw and LEXIS willbeavailable in the lab on the Macintosh computers. The new lab's hours are 9am to 9pmMonday through Friday and noon to 6pm on Saturday and Sunday. Students are asked to supply statistics to demonstrate most demand. The staff is currently developinga system torun thelab afterhoursat night, duringholidaysandon weekends usingvolunteerhelp. Thiswill come once the labis operating smoothly and students demonstratethe need forfurther flexibilityin the operating schedule. 5A y fAZp^ I' pm-fcft- conttimiedfrontpage 1 criminated to use University fac illtiesand staff torecruit on theUB campus. This was followed in February 1990by thelaw School CDOarid Administration secretly inviting the military Judge Advocate General's Corps (JAG), (an employer whorefuses to hire gay and lesbian students) to conduct interviews on campus. On October 11,1990,on National Coming Out Day, a celebration of gayand lesbianpride and identity, the University invited the Marine JAG Corps to recruit at the Law School. Law students released and filed a complaint to theNew York State Division ofHuman Rights alleging that the University was discriminating against gay and lesbian students by providing servicesand benefits to known discriminatory employers. On September 19,1991, the New York State Division ofHuman Rights, Office ofLesbian and Gay Concerns issued a decision and order regardingthecomplaintfiledOctoberl 1,1990. The order statesthatSUNY at Buffalo must cease and desist using state funds or resources to assist employers who discriminate onthe basis ofsexual orientationfromrecruiting on campus. Thishas beeninterpreted toinclude the United States Armed Forces. The Orderis based on GovernorCuomo' s Executive Order 28.1, which prohibits state agencies from discriminating onthe basis ofsexual orientation. This October, SUNY at Buffalo has announced its decisionto appeal the Order. The plaintiff in the action has secured representation for the appeal fromLambdaLegal Defenseand Education Fund. And so thestruggle continues. K. JillBarr, who spoke at the protest, statedthat it was important to letthemilitaryknow thatthey wereno longerwelcome ifthey discriminated against gays, lesbians, the aged, handicapped, and so on. Jilladded that this isan issue for all of us to realize. Equal treatment is the order of the day. Deadline for the next issue of The Opinion is November 6 HALF COURT PRESS WITH CRIMINAL INTENT JohnMessinetti wasunable to startat his usual position, sweeper, butplayed fullbackinstead. Fullback Ira Levy replaced Hank in goal, and the rest of the roster was shuffled around to compensate for the missing starters. Undergraduateringer PaulO'Brien, afriendofcaptainMichael Radjavitch,played at the sweeper shift CRIMINAL INTENT defenseallowed Feliciano, secondyear Stevens,andManny. Tim STIFF NIPPLE an easy shot on goal which Gasping for breath, the Moots utilized the sailed overIra's outstretched hands and into famous "NewportLight" offense, withHiggins the net. Losing byascoreofl-O, CRIMINAL trailingpointguardFeliciano upthe court and INTENT increased the intensity oftheir ofurging him to " slowit down before I have a fense and managed to even the score before heartattack." The opposing team had one big halftime. Stopper Michael Radjavitch had goonand lots oftiny undergraduates withVamoved up the left side ofthe fieldand crossed nillaIce haircuts. The Moots inflicted many the ball to forward Mark Skoultchi, who was cheap-shot fouls on these little bastards, but justoutside ofthe box. Mark then passed the lost nonetheless, 60-28. If one moreMoot had ball intothe box whereFrancisco Duartewas been available, thingsmight have beendiffertrying to get open,and Francisco scored on a ent. Asusual,noone showedup to cheer on the great shot past two defendersand the goalie. Moots. Throughout the second halfeach team In thefourthgame,the Mootslost 50-35. made numerous attempts to score and take the Second year law students Paul Dell, Chris lead, butvery few shots on goalwereallowed Marks, and Hank Nowak were a welcome continued onpage 10 addition tothe Moots' efforts, butagain a lack of team unity allowed the opponents to triumph. Nooneshowed uptocheeronthe Moots. Thecavernousgym echoedwithmocking laughteras theMoots slunkshamefacedback totheir law books. In thefifth game,theteam finally seemed to coalesce, with Dell, Feliciano, Higgins, Marks, and Nowak backed up byreserve point MOOTS Lose Again & Again & Again ConstantineKarides drives the ball towardthe opponent's goalas midfielders Rob Cisneros and Francisco Duarte try to improve theirposition. by Michael Radjavitch, Photography Editor On Saturday, October 19, the CRIMINALINTENT intramural soccer teamplayed itsfirst game ofatwo-game weekend. Unfortunately, when they took the field against STIFF NIPPLE they were missing three important startingplayers. GoalieHank Nowak, fullback NatalieLesh and forwardConstantine Karides were not present. Also, the injured position, and newly recruited team member Doug Sylvester, a first year, waspresent as a muchneeded back-up. AlthoughCRIMINALINTENTwasable to field afull team, with two substitutes, itwas evident that theabsenceofthe defensive starterswou Idhavea serious c ffeet on theoutcome ofthe game. Within only a few minutes the opposing team had established themselves as an oITensi ye threat, and a m istakeby the make- by Norbert Higgins With aheartbreaking lossinovertimeon Tuesday night, the Moots ended the 1991 intramural basketball season withaO-5record. It wasa tough season, during whichthe Mootsexperiencedmanyrosterproblems. After star forward/guard George Snyderwas lost for the season withapain tillhangnail injury, only MikeFeliciano and NorbertHiggins managed tomakeittoeverygame. For the secondgame, acontingent ofanonymous stars played for the Moots, however, what the Moots gained in talent they lost in team unity. They were defeatedbyateamofovergrownman-boys,ss to 24. No one showed up to cheer the Moots. The third game was an exciting one, becauseonry four Mootsshowed up—Higgins, guardManny. The opponents weremalformed gym-rat undergrads. At theten-minute mark, the Moots had reached an important milestone: their first lead! Things seemed to be goingverywell,eventhoughnoone had showed up to cheer onthe Moots. The referees for this game, as in all others, sucked. Theysimperedandgiggledand flirted with the ugly girl who was keeping score. When one of the opponents stuck his greasy headrightinto center/point guardMarks' stomach, a pimply referee with the face of Frankenstein called Marks for a charge. Forward/center Nowak's arms gained new scratches everytimehe approached thebasket, but nary a whistle was heard onbehalf ofthe October 29,1991 continued onpage 10 The Opinion 9 �Rex Imprimatur Captain'sLog: 10/16/91 The tides of change have once more broughtmy ship, the U.C.C. /fonc/io.outofdrydock and placed it upon the seas in search of spoils. My crew and I set sail out of Port Placidity, having languished like the lotuseaterso fHomer ina prodigal manner befitting idiot children ofthe wealthy and intelligentsia. Itwasonlybyourcunningandstrengthof will that we escaped the enticements of the over-indulgence that had marked our existence. Thatand thefact thatthe cable channels had been destroyedby tropical storm Jack, an anomaly not quite strong enough to beafullfledged hurricane but dangerousnonetheless. Weleftport amid rumors thatoursomeume-comrade-but-mostly-party-crasher, L.D. Silver, hadbeencapturedandthatasubsequent trialwasheld in his honor. Ourthoughts were on L.D., albeit confused thoughts thattried to assimilate all the information. We were left in a veritable quandary, with our belief in humankind shaken to itscore. Ourcollective conscious wasriddled withdivisive thoughts and the taskofdistinguishingbetween a temptressan alascivious cur. The sadthing wasthat L.D. was not an originalthinker, justa fool on the hill. Once more we were atsea,ready to take on theforces ofnature and those ofhumankind that dared pit themselves against the U. C. C. Honcho flying theJolly Roger. Onourfirstday out there was little to encounter. The seas of publicity were calm as few people were ready to make substantial waves overthe L.D. controversy. Captah'sLog: 10/19/91 The pastfew days havebeen melded into one, withlittleto change the scenery exceptan occasionalalbatross. However, today wehave sighted the Charles S. Desmond, an ungainly craft noted for its ponderous movement and slow procedure buta juggernautnonetheless, plowing throughthe foamy brine. Inan annual display ofblood thirsty barbarism, scores of smaller craft flocked about in an effortto take the noted brassring from thefigurehead, each sloopdancing onthe waves to therhythm setby the Desmond as it swayed fitfully over the swellsofthe ocean. rmconvincedthe.Deymo/tt/ will not be vanquished 'tilApollo's Chariot journeys seventimes through the firmament. TheDeymondisaproudcraft,and rightfully so, as it has gathered to it noted personalities ofthe realm. Yet, I have heard spurious calumny from rumourmongers that theDesmond extracts a price from its crew hitherto hidden among the initial sought troves. Captain'sLog: 10/24-25/91 With a select group I have taken upon desperatemeasures in securing anewcrew for my ship. With a hired wagon I ventured into Capital City with the sordid intent of shanghaiing some hapless individuals into servitude on the Honcho. I had convinced myselfofthenecessityofsuchanefarioustask. Using the public good and similarrubric as inducements I intended to convince others of the altruistic nature and spiritual benefits of workingaboard avesselthat put thewelfare of othersbefore thatofitsvery crew. My fortune wasmarred bythe slaughterhouse approach of manyand diverse organizationsattempting to lure unsuspecting souls into fates worsethan those designedby Hades himself. Thereams ofpaperthat exchanged hands thatday spelled thedeathofcountlessarborealbrethren. While I stood transfixed in the gripsofanunshakable horror watching the carnageunfoldas I stood withinits very midst, I received word frommy crew thattheDesmondv/as hoursaway from capitulating. The annual feasting upon the carcass wouldbeless thantwo sunsets hence. Filled with disgust at the frenzied process I gatheredmy band and we sojourned that very eve. Captain'sLog: 10/27/91 OncemoreaboardiheHondio, newshas reached me thatthe Barr-Goldstein garnered the laurel that accompanies the brassring of victory. Having personallymetthecrewofthat schooner, their success only reinforces my conviction intheirpro ficiency ofmaneuvering inanencounterofthisnature. Onasombernote it is becoming painfully obvious that the populace ofthatcheerily titledregion known as Suny Abluff is less than pleased with the performance of its town elders. While the WhitePro fit, known to thosedisgruntled sectorsas the usurping leaderofthedemesne,had run intofinancial strainsthat defied irrational thought. ThereisacloudonthehorizonofSuny Abluffsfuture. Ipraytheyareequaltothetask. WITH CRIMINAL INTENT Fellowship Funds The Charles Revson Foundation hasannounced theavailability ofLaw Students Public Interest(LSPIN) Fellowships for law students interested in working inpublic interestpositions. attending law school inNew Yorkand New Jerseywho have secured volunteer summer placements withpublic interest organizations in the New York Metropolitan area. The 1992LSPIN Fellowship Programis being administered by theRoot-TildenSnow Program atNew York University School ofLaw. Up to 50 grants willbemade to students working full timefor ten weeksduring the summerof 1992. Applications and detailsare available in the Dean's officeand in the Career Development Office. LSPIN encourages all interested students to apply. Deadline forapplications is Friday, January 31,1992. Awards willbeannounced byFriday,March6,l992. Letters to the Editor.•••continued I am writing thisletter to clear up a few misconceptions which I felt weretendered by the recentQpjnion. article entitled "LULU: Hazardous Waste as Income?'' (Oct. 16, 1991). The article described a recent talk by Mr. Herbert Inhaber, an environmental analyst, on amethod ofdealing with hazardous wasate and otherpotentially unwanted landuses. Theaspectofhazardous waste whichMr. Inhaberaddressed wasnotwherethere should behazardous waste, but given that there is hazardous waste, what is the best way to find a suitableplace to dispose ofit. Themethod presented by Mr. Inhaber, termedthe "Reverse Dutch Auction,'' involves offeringan incentive (money) to any (environmentally suitable) municipality which is willing to host the site. Ifthere are no takers, the incentive is increased until some municipality accepts the offer. I don't believe Mr. Inhaber inany way meant thatachange in attitude wouldalleviatethe problem ofchoosing hazardous waste, but only thatitwouldalleviatethe problemofchoosinghazardous waste disposal sites. Elizabeth Beiring, 2L The A.W.LS. "Adopt>a-1st-Year" Program's a Big Hit! by Erin Wolfe During the first month of this acaing class," stated John Cody. "It's so demicyear, the Association ofWomen Law helpful knowing thatmy adopter is there. Students sponsoredaprogram by whichfirst She was so warmand open overthe phone year studentswerematchedwith secondand -itwasjustgreat Now, iflcould beadopted third years, in an attempt to make the first by achauffeur, a laundress, and achef, I'd year's transition into law school a little be perfect!" exclaimed JaneWade. Upeasier. Over 2 5 percent ofthe law school' s per-class students benefited as well,formfreshmen class signed up for the A.W.L.S ing newfriendships and new interests as a , '' Adopt-a-First-Year ' program,wifli60adop- result oftheadoptions. tions being made in all. Response from the A.W.L.S. requests any lLs who upper-class studentswasenthusiasticaswett, signed upfortheprogrambuthavenotyet ensuringa successful program. In fact, more been contacted by an upper-classstudentto 2Lsand3Lsvolunteered than wereneeded! leave a note in Box 401. In addition, Many 1Ls whoparticipated found the A.W.L.S. urges participatingupper-class program tobequite helpful. "Ithought(my students to contact their 1Ls to offerhelpful upperclassadopter)wasvery.helpful. It'sa advice and moral support as the Class of wonderful program and I definitely wantto 1994 heads into its first round of final participate next year to help out the incomexams. - continued frontpage 9 defenses were able to maintain the status quo by either side. Most ofthe action during this fortheremainderofregulation play. Much of timecentered around the other team'splayers this credit goes to the goalies, especially the and their whining complaints to the referees HOLYROLLERS back-up goalie who was about CRIMINALINTENT'S physical play. forcedtomake numerous savesaftercoming in However, with only three minutes left in the to replace their injured starter. game, CRIMINALINTENT lostthe ball while Withthe game ending in aO-0 tie,afive pushing it intothe other team's sideofthe field minuteovertime period wasplayed andCRIMIand this resulted in a breakaway for STIFF NALINTENT showed justhowgoodtheyare. NIPPLE. Before the defensecould react, the CRIMINAL INTENT wonthe toss, opted to other team's forwards were in theboxand they take the ball,and scored almost immediately. scored the winning goal. This disheartening 2Midfielder Rob Cisneros intercepted a poor -1 lossdroppedCßlMlNALlNTENT'srecord pass,passedthe balltoanopenMarkSkoultchi, to 1 -2,and forcedthem intoamust-win situation and Mark then pushed the ball into the box. for their last two games. Francisco Duarte wasready for itandhefired On Sunday,CRIMINALINTENT played the ball into the net, giving CRIMINAL INamake-up gameagainstthe HOLYROLLERS, TENTaI-Olead. Withthelead, andonly four the undergraduate team representing the minutes remaining, CRIMINAL INTENT Campus Crusade for Christ. This game was played very aggressive defense and kept the very different from that ofthe previous day, ball outoftheir side ofthefield. This defensive however, because CRIMINAL INTENT'S effortlead to numerous scoring opportunities starting defense was present and at full strength. as CRIMINAL INTENT's forwards took sevHank Nowak was back in goal, Ira Levy and eral shots on goal duringthenext three minutes. Natalie Lesh were at fullback, Michael Rob Cisneros again made a key play as he Radjavitch was atstopper, and JohnMessinetti chased down a deflected ball in front ofthe was well enough to take the field at his usual HOLY ROLLERS goal. In an attempt to getto sweeper position. The individual skills of the ball, the goalie blatantly fouled Rob from theseplayers are not the onlythings thatmake behind, and the refereeblew the whistle. Rob this defensive team so good, but also the fact placed the resulting penalty shot into thelower that they play so welltogether. left corner ofthe goal, making the final score The two teams were very evenly 2-0. ThisvictorygaveCßlMlNALlNTENTa matched, and none ofthe shotstaken byeither 2-2 record, with onegameremaining inregular team during the first halfresulted in a score. season. CRIMINAL INTENT had far more CRIMINAL INTENT played its last opportunities in the second half, but both 10 The Opinion gameoftheregular season this past Saturday. October 29,1991 They faced AZADI, the only undefeatedteam inthe division,and AZADI showed whythey were undefeated. Although CRIMINAL INTENT placed a great deal ofpressure on their opponentsandtooknumerousshotsongoaLone hitting the crossbar and one hitting apost, they were unable to score. AZADI, however, knocked intwo in eachhalf winning byascore of4-0. Withthis disheartening loss, CRIMINALINTENT'srecorddroppedto2-3 forthe season. A winwould have guaranteedCRIMINAL INTENT a playoff berth, however, the team'shopesnowrested upontheresults ofthe following two games. Unfortunately, itsimply was not meantto be,and neither ofthe games ended with the victory that would have put CRlMlNALlNTENTintotheplayoffs. With a three-way tie forthird place,and each team having beaten oneofthe others,itcame down to a tally ofgoals against. The 4-0 loss onthat day raised CRIMINAL INTENT'S total to eight goals against and effectively knocked them put ofthe playoffs; the other two teams tied forthird place each had only seven goals against. ThusendedCRIMINALINTENT's third intramural soccer season. Congratulations to all those involved: Co-captain Jorge Guerrero, Hank Nowak, Natalie Lesh, John , Messinetti, Ira Levy, David Downie, Constantine Karides,Francisco Duarte, Mark Skoultchi, Marc Shatkin, David Chien, Frank Housh, John Justice, Barbara Saver, Mark Schaefer, John Foudy, Doug Sylvester, and PaulO'Brien. Remember, the Spring season is onlyacoupleofmonths away! MOOTS continued frompage 9 Moots. Whilethese crappy calls contributed to the Moots' loss, what really killed them was missed shots. The Moots had a height advan- tage,butheightdoesno good whentheballrolls around therim and falls out. The Moots also lost the rebounding war. Every time Higgins leaped to grabthe boards, it seemed that a pair oftiny, pudgy, gnome-likehands wouldcome out ofnowhere to stealthe ball. Astheclocktickeddown,theopponents caughtupandgainedarwo-pointedge. With ten seconds left, the Moots took the ball out from underneaththebackboard. Nowakstreaked acrossthekey and was wideopen. He shot! Oh no, an airball! But Higgins grabbed the miss and withareverse layupworthy ofDoctorJ,he sent the game into overtime. If anyone had been there tocheer onthe Moots, itwouldhave been an electric moment. The overtimeperiod wastoo depressing to dwell upon. Suffice it to say thatwithfive seconds left, Paul Dell blew it. Trying to bea hero, heflung upashotfrom the half-courtline, evenas three otherMoots stood wide open at the three-point line, pleading for the ball as time trickled away. After the game, Dell claimed thathe "used to make shots like that all the time." The Mootswere formed in the Springof 1990. Theyhaveneverwonagame. Hopefully, next semester things will be different. �THE DOCKET FSDFSDFSDF II L.A.L.S.A. "DiadelosMuertos" (day ofthe dead) Halloween Pot Luck Dinner 71 Windermere Blvd Thursday, October 31 6:30 p.m. Human Rights Center Two weeksofHuman Rights Activities Nov. 4th to 15th. All eventsto be held in O'Brian Hall except where noted I I Abdallahi An'na'im Tuesday, Nov. 5 "IslamandHumanßights" 2:30-4:3opm sthfloorfaculty lounge I Wednesday, Nov. 6 "Who Killed Vincent Chin" 3:30- s:oopm Discussion onracism & Asian-Americans Istfloor lounge Co-sponsored by the Asian AmericanLaw StudentsAssociation H NLG & Others sponsors.... present Clovis Maksoud Ambassador Thursday, Nov. 7 "Indigenous Rights in Guatemala" - 12:00 2:00 Miguel Quiej,rep ofQueiji Indians Istfloorlounge Co-sponsored by the Western New York Peace Center & Latin American Solidarity Committee Wednesday, Nov. 13 "Native American Rights" Peace in the Middle East? ■ Ambassador Maksoud wasthePermanent Observer ofthe League ofArab States in the United Nations, and the ArabLeague's chiefrepresentative to the UnitedStatesfrom 1979-1990 Dr. Maksoud is thecurrentDirector oftheCenterforthe Study ofthe Global South at the School ofInternational Serviceat the American University. Wednesday, November 13 3:3opm Room 109O'BrianHall,Amherst Campus Dr. Maksoud is the currentDirector oftheCenterforthe Studyofthe Global South at the School ofInternational Serviceat the American University. Wednesday, November 13 3:3opm Room 109o'Brian Hall, Amherst Campus Dr. Maksoud willgivealateraddress at 7:3Opm inroom 147 Diefendorfon the Main Street Campus. Refreshments will beprovided by the WesternNew YorkPeace Centerand the Middle East Task Force. 12:00-2:00 pmPaulWilliams, Oren Lyons Faculty lounge Co-sponsored by Native American Peoples' Alliance, Graduate Group on Justiceand Democracy 3:3opm "Peace in the Middle East?" Room 109Dr. ClovisMaksoud, former ArabLeagueambassadorto the UNandU.S. 7:3opm "Peace in the Middle East?' , - South Campus (same as alx>ve Main Street campus) Thursday, Nov. 14 Discussion on the situation in Haiti 12:00 Istfloorlounge situation in Northern Ireland. 1 st FloorLounge 5:00 Blood Mobile Research and Writing Informational Meeting Tuesday Nov. sth Room 106 5:00 p.m. Monday &Tuesday, November 4th & sth 10:00 a.m. -4:00 p.m. Ist Floor Lounge Phi Delta Phi "How to prepare for Finals" Advice for I L's Wed., Nov. 6 3:3opm, Rm 108 I I I I I / Mooters \ / Board \ I Positions to be J \ announced on / V Nov. Ist J Mandatory Meeting for Student Group Treasurers Wed. Nov 6th 4:3opm orThur. Nov.7at 3:3opm Ist Floor Lounge �___ / / A / /Bi/A«/B Isk . r/H B W H ■Jβ 8w // ENROLLMENT } ec?C W»O DISCOUNT / / When you register lor the BAR/BRI New York bar review course. You receive: ■ A $230 DISCOUNT oil the $1325 bar ■ The Gilbert Mulllstate Diagnostic Clinic review course tuition. (Your tuition: FREE. (Regular BAR/BRI student $1095) tuition $95.) ■ The New York Essay Advantage FREE. ■ The Arthur Miller CPLR Mlnl-Revlew (Regular BAR/BRI student tuition $175.) FREE. (Regular BAR/BRI student tuition $75.) BAR REVIEW mprf. ALBANY LAW SCHOOL BRIDGEPORT LAW SCHOOL BUFFALO LAW SCHOOL CUNY LAW SCHOOL HOFSTRA LAW SCHOOL MANHATTAN rnURSE LOCATION Sat., 11 12 Sun., 11/3 - B-Sun., 11/3 C Thurs., 11/7 D-Sat., 11/9 PACE LAW SCHOOL RUTGERS LAW SCHOOL SETON HAIL LAW SCHOOL SYRACUSE LAW SCHOOL TOURO LAW SCHOOL U CONN LAW SCHOOL WNEC LAW SCHOOL YALE LAW SCHOOL A - 9AM IPM Sat.. 11/2 Sat.. 11/2 Wed.. 10/30 A Sun.. 10/27 UVE M nreo^Mattot^ M E-Tues.. 11/12 Sat.. 11 12 Sat.. 11/2 Sun.. 11/3 Thurs.. 11/7 Sun.. 11/3 Sat. # 11/2 Sun.. 11/3 Sat.. 11/9 10AM-2PM - 10:30AM 2:30 PM 11AM-3PM - - 6:3OPM 10:30PM 11AM 3PM 11AM-3PM - 6PM 10PM 11AM-3PM 6PM-10PM -- - 10AM 2PM IPM SPM 11AM-3PM SPM 9PM -- 9AM-IPM 10AM 2PM 10AM 2PM 10AM-2PM East Wing Room 14 Room 10β Room 135 Room 308 Ramada Hotel at Madison Square Garden BAR/BRI Office BAR/BRI Office BAR/BRI Office BAR/BRI Office Preston Hall-Room 401 Room 108 Room 202 Brooks Had 8217 Knight HaD-Room 115 Room A Room 126 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-10-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/29/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1cd2eb907895ddd094db6601d4de7ac8.pdf 643813c16f8ce071b7ae539179da9ee1 PDF Text Text THOMAS CONFIRMED: 52 TO 48 byJo/inß.Licata, Editor-in -Otief. Judge Clarence Thomas has officially been transformed into JusticeClarence Thomas. The Senate confirmed his nomination by a vote of52 to 48, ending the lengthy hearings that placed Thomas'nomination underacloud and his character in doubt. Professor Anita Hill's charges of sexual harassment and the ensuing weekofCongressionalhearingsultimately did not disruptPresident Bush' s second SupremeCourt nominee from beingconfirmed by the Senate. Last year David Souter was overwhelmingly placed on the court by getting support from over90% ofthe Senate. StudentsatSUNY-BuffaloLaw School were questioned about theThomas nomination before the Senatevoted and theresponse was decidedly against Thomasbeing seated on the highest court in theland. 61 %ofthose students polled were opposed to Thomas for various reasons. One person said his "qualifications are at best modestly mediocre and another commented that Thomas was the "greatest judicial travesty in this country." However, somestudentsremained inaquandry regarding THE OPINION Poll 100UB students* were surveyed regarding their feelings on Judge Clarence Thomas' nomination to the U.S. Supreme Court. 1. Doyou supportJudge Clarence Thomas 'nomination to the U.S. Supreme Court now that the hearings are over? No Undecided Yes 11% 28% 61% 2. Who doyou believe is telling the truth? Prof. Hill Undecided Judge Thomas 38% 18% 44% 3. Havethehearings regardingProfessor AnitaHill's statements, changed your view ofJudge Thomas' nomination? No Yes 15% 85% 4. Prior to the hearings regarding Professor Anita Hill's statements, didyou support Judge Thomas' nominations? Yes No Undecided 30% 59% 11% *Surveyconsisted of52% women, 48% males JusliceThomas' nominationand were not sure whom to believe whenask tochoose between Thomas and Hill. 38% ofthe students polled felt Hill was telling the truth while only 18% believed Thomas. The remaining 44% didn't believe either person was telling the whole story. When asked ifthe hearings hadchanged personal opinions of JudgeThomasBs% said they had not been influenced by the hearings. The final result of the poll showed that the week long congressional investigation swayed only two percentofthose polled. Thehearings becamean ordealfor Thomas, Hilland perhaps most ofthe nation with the Senate showing some oftherougher edges of American politics. Senator Orrin Hatch alluded to Senator Edward Kennedy's own involvement witha young woman, who died due to the senator'spoor driving, by mentioning a "Massachusetts Bridge in his analogy of Judge Thomas's position. Sen. Hatch later corrected hisremarks fortherecord toread that he meanta "Brooklyn Bridge." Survey conducted by staff writer SaultanH. Baptiste. THE OPINION Volume 32, N0.5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 16,1991 Professor Blum Sues University by JohnB. Licata, Editor-in - Chief On October 1 st, Associate Professor of Blum has fifty-one page claim and a oneLaw Jeffrey Blum initiatedlegal proceedings hundredand fifteen page appendix. (Both are against the State University ofNew York at on reserve in the law library under ' 'BlumBuffaloLaw Schoolandthe University. ClaimCivil Procedure.") Named in the complaint ing atotalof $3.95 million dollars in damages, are Dean David Filvaroff, former Associate Dean JohnHenry Schlegel, President William $3 million in punitive damages, and the remainingin compensatory damages, Professor Greiner, Acting ProvostLevy, DeanAlan Carrel, Professors Elizabeth Mensch, Alan Freeman, Charles Ewing andJohnand JaneDoe, all ofSUN V at Buffalo. Included in Blum's complaint is a due process claim alleging he had beendenied 6th and 14thAmendmentrights inthetenure evaluation Also included isareliance claim based upon misrepresentations made to Professor Blumby Dean Filvaroffcausing Blum to forego sixthyeartenure evaluations. Such areliance, asassertedby Blum, caused himto discontinue a job searchand missa January 1991 conventionoftheAssociationofAmerican Law Scholars. His absence at this conference is consideredbyBlumto haveseriously hurthischances at finding employmentwithinthenextyear. In response to these claims, Dean Filvaroff responded that' 'Professor Blum's allegations are extravagant and ill-founded, whilehislegalclaims, in our view, are lacking in merit. Blum's claims range from fraud to the ProfessorBlum debatingan issue. continuedon page 4 . HIGHLIGHTS ThomasViews... Page 5 DomesticViolence... Page 7 Half Court Press... Page 9 Ambassador Discusses Space Debris by John B. Licata Ambassador Edward Finch spoke to a groupofstudentsat SUNY-Buffalocampus on Friday October4,l99l inanlnternationalLaw Society (ILS) sponsored lecture. His discussion was titled "Heavenly Junk: The Space Debris Crisis.'' After Dean Filvaroff introducedAmbassadorFinch, usinga lengthy list ofcredentials, Mr. Finch presented a copy of hisbook Astro-Business toKirnDanzi, PresidentoflLS. His lecture was more of an informal discussion on theamountof space debrispresently orbiting the Earth "like flies around a , honey coated baseball ' than a strict lecture. The ambassador warned that satellites, both human-made and asteroids, ofover 10centimeters in diameter, represent a serious threat to international communication and subsequently to the security and peace the United States. To makehispointMr. Finch posed the question "How would you feel ifyou werean active personand suddenly lost your eyesand ears? Do you thinkyou mightfeel some fear?" He warned thatthe United Stateswould be in a similar condition ifits communication satellites were disrupted by space debris. For those students interested inthe outer space dilemma Mr. Finch directed them to read theOuter Space Principles Treatyof 1967, a documenthe called the grandmother ofall the treaties dealing withouter space.'' Essentially the document states there is no sovereignty in space and disallowsorbiting weapons ofmass destruction. That prohibition gives American defense systems an additional fifteen minutes to respond to any groundbased nuclear attack. Mr. Finch is the sponsorofaresolution in the American Bar Association's Science and TechnologyCouncilcallingfor agreement amongst nations not to deliberately create space debris. Hisreasoning is that until the USA "gets its act together the [United Nations] won't move toward a solution. Partof the international problem ofspace debris includes the technological incompatibility of national satellites and the national security that would be jeopardized by removing discontinued onpage 6 �II T'flnl I H H B ■ H H H H -*»**-- II I , —^——■■■~~"~———~—~ - Jen— 188 HIB IH IB ■ H77J7 Ti7£ ■Hβ Hlw yFyUlfill I Multistate BarReview Course by November 1,1991. **£» Complete lecture series writing Multistate Practice and Exam * Multistate Professional Responsibility Exam The Opinion October 16,1991 ■ JOlin iWperS fn oo Pit iAnn no itl~\slUoo UUIUUfILt IIUS " The Bar Course That Cares. Sabbv Charles HI H 5/6> & h Professional ßesponsibility 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (r 747-4311 Ross HE I PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. PIEPER REPS.: Trini H[ B ""* � Multistate Volume For more information see your Pieper Representatives or contact: H 2 The Pieper Course Includes: * Law student's discount of $200 will be deducted from the cost of $1,250 for any student still in law school who registers for the Pieper New York ■ ■ I 11/1/91 I I CPPPTHT ■ MUST RECEIVED BY Santarpa ■ H| HI �JessupTeam Looks to Spring Regional Competition by Greg Chestnut Two weeks ago the JessupBoard held theFall Moot Court Competition. Approximately forty 2L and 3L competitors were vying for the eightpositions onthe regional team. This year's problem covered a fictitious situation modelled after the Achille Lauro incident. The People's Armed ConflictMovement (P.A.C.M.), a terrorist group with headquarters in Shangri, hijacked a cruise ship and killedaYokumnational. Eventually the ship isreleased and the terrorists are arrested at their headquarters by the Shangripolice. However, Yokum, fearful thatthe terrorists wouldnotbebroughtto justiceby the Shangri government, intercept theairliner on which the terroristcaptives were onboard,and bring the criminalsto Yokum inordertobring the criminals under theirjurisdiction. Two principal questions ofpublic internationallaw were selectedfor argument in the competition. The first involvedwhether ornot Shangri violated minimum standards of state responsibility by allowing P.A.CM. to commit terrorist activities out ofits headquarters located in Shangri territory. The secondquestionconcerned whether 1991-92 JessupInternationalMoot Court Team. From left to right: Henry Nowak, DanielDeßosso, Peter Grubea, Tom Canavo, Penny Strothers, Erin Wolfe, Robert Pelier, and GaryStorm. or not Yokum violated international law in its interception ofthe Shangri airlinercarrying the terrorists. The competitionaddressed ~~1 _J 1991-92 JessupInternational Moot Court Oralist Team. From left toright: Henry Nowak, Daniel Deßosso, Peter Grubea, and Tom Canavo byBarry Boyer, Associate Dean for AcademicAffcdrs these issues in two formats: a writtenmemorial (brief) and oralargumentbefore the International Court ofJustice. On October 3rdthe results ofthecompetition were announced. The Best Memorial waswritten byRobertPelier. Secondbestwas written by GaryStorm, Third best was written by Penelope Stothers, and Fourth best was writtenby Erin Wolfe. TheBestOralist Award wentto Henry Nowak. Second Best Oralist was Daniel Deßosso, Third Best was Peter Grubea, and Fourth Best went to Thomas Cannavo. These eight individuals will compriseU.B.'sregionalJessupteamandcompete at the regional competition in the Spring. In addition, JuniorAssociate Membership was extended to Karen Bellaire, Robert , Bencini, StephenCrawford, Derek Gregory, JorgeGuerrero, Dean Hartley, Joseph Mooney, and Maryanna Moskal. Congratulations! TheJessup MootCourt Board wouldlike to sincerely theprofessorsand practicingattorneys whojudged the thank competition. Without their help and support, the Jessup Competitionwouldnothave been suchasuccess. The Board thanksProfessor MarjorieGirth, Professor VirginiaLeary, Professor George Kannar, Professor John Thomas, Joe Grasmick, Esq., Peter Illig, Esq., Carole Healey, Phillip Mclntyre, Esq., Kimi King, Esq., David State, Esq., Andrea Emmelinks, and ScanGalliher. TheBoard wouldalso like tothankNancy Schulman forher support. Finally, the JessupBoard appreciates GayKang and Karen Stamey, JessupDirectors, fortheireffortsinconducting the intramural. Gay and Karen provided moral and administrative support by making sure all the competitors andjudgeswere wellfed and fullybriefed ontheintram ural problem. Thecompetition wasan incredible success due to theirhard work, enthusiasm, and dedication to making Jessup the best it can be. ThanksGay! ThanksKaren! \ 1991-92 Jessup InternationalMoot CourtMemorial Writers. From left toright: Robert Pelier, Penny Strothers, GaryStorm, and Erin Wolfe. Research andWriting were' 'late," this is the normaltimefor final- The second semester Research and izing the second-semester curriculum.) Writing (RAW) Program, whichhas sparked Each first-year section will have either considerableinterest, someconcem,andmore three or four RAW sectionstaught by senior thanafewrumors among first-yearstudents, is faculty. Each faculty member will working nowtaking final shape. The new Spring prowith slightlymorethan 20 students each, which gram,whichhas been in developmentformore will provide opportunities for individualized than a year, is designed to improve student consultationand feedback onwritingassignskillsin argumentationand expression, while ments. familiarizing them with different types of The useoffacultyrather than teaching legal research and writing. Faculty assignassistants to conduct the small groups reprements to teach RAW are firming up, as the sents a significant increase in the amount of overallmenuoffirst-yearandupper-class course teaching resources devoted to the first-year offerings for Spring 1992 are resolved. (De- program. Fortherestoftheyear.twocommitspiteconcems thatthe spring courseofferings tees will befollowing andreviewingprogress Labor Law (Atleson) and Legal Profession in R & W to assure thatthe program meets the objectives established by the faculty and the needs ofthe students. The Academic Policy andProgram Committee (APPC) isastanding faculty-studentcommittee withgeneraljurisdictionover curriculum matters. The APPC makes recommendations to the faculty on significant curriculumchanges. In addition, I have been working with a new Student Bar Association special committee on R & W, which ischaired by MikeFallon, a third-year law student. Theremainder ofthefirst-year curriculum for Spring 1991isas follows: Sectionl will have Property (Avery), Contracts(Konefsky), (Kenyatta); Section 2willhave Constitutional Law (Kaimar), Torts (Mensch), Property(Freeman) and Legal Profession(Marcus); Section 3 will have Contracts (Schlegel), Constitutional Law(Newhouse), AdministrativeLaw (Szczygiel), and Legal Profession (Munger)> As usual,all ofthese teaching assignmentsare subject to change for unanticipated circumstances such as leave-of-absence, illness or othercurriculumneeds. During the next two weeks, as theremainder ofthe Spring 1992 curriculum falls into place, I will be visiting each ofthe firstyear sections to discuss the curriculum, and answer any questions youmay have. "INYOURBEST INTEREST" LAWWEEK byKevin P. Collins The Buffalo Public Interest Law Program(BPlLP)andtheCareerDevelopment Office(CDO)broughtto the UBLaw School ' 'ThePublic Interest Law Week,'' from September 30to October 3,1991. The success of this highly informative week wasdue mainly tothe hardwork and determinationofJillBarr and Michael Freedman, the graduate assistants ofBPILP. The two wereresponsible for bringing to UB many lawyers highlyactive and successful in the public interest law bar, as well as arranging panels, brown bag lunches and speeches where students could obtainvaluable information about, andmake future contacts, in finding and funding yourselfajob. Onesuchevent during the week wasthat of"Funding YourselfA Job,"heldonMonday, September 30. Four speakers presented a highlyinformativebackgroundonhowto fund yourselfajob. Audrey Koscielniak, Director ofthe Law School CDO, spoke first, stating thatalthough economically thelimes aretough, the market is not filled. The opportunities are there, but the money may not be, however, grants may allow you to pursue an area that interests you. You must develop yourselfinto an attractivecandidate to obtaingrants and one way to do so is by tying yourself to anestab- Finding and Funding yourself a Public Interest Job lished project or organization. Thekey is to start now, not later! For ftirther information, stop by the CDO or check out the books on reserve in the library. The second speaker was Eric Alcott, Assistant to the President atErie Community College, who teaches a course on funding yourself a job. He stressed the need to be specific in grant requests as to who you are, whatyoupropose to do.andhowyouare going tomeasureyourresults. Agencies wantto back ' 'sure bets,'' according to Mr. Alcott, and do not want to take risks with limitedresources. He statedthatif anyonewants to contacthim, they can callhimat(7l6)B42-2770. The third speaker, Michelle Scott, isan information specialist at UB who works for "Sponsored Programs," located in the UB Commons, Suite2ll. Here, shehelps faculty, staffand students to do searchesforsourcesof funding. Herprogramalsopublishesamonthly newsletter. A SPIN( Sponsored ProgramsInformation Network) computer search is done foryou viaan on-line databaserunning outof SUNY inAlbany, whichuseskeywords to seek out foundationsand agencies that interestyou. The last speaker, to borrow a cliche, certainly wasnot theleast, butwas in factthe highlight ofthe evening. Katie Cerulli, a3L here atUB whofunded her ownproject,toldof herresearch into domestic violenceand communityresponses. Shewasanexcitingspeaker whose warmpersonality, intelligence and devotion were illustrated as she related to the audience her personal experiences, while at the same time servingas a role model for law students both here and elsewhere. She emphasized thatthe first, and most important, step is finding outwhat youwantto doand then narrowingitdown. Foundations want to know whatyourresults willbe. Through her work, she has established strong local and national contacts. Sheadded that ifanyone wanted to talk to herforhelp in funding yourselfajob,just drop a note in her mailbox. Another extremely informative event, ' 'Finding Yourselfa Job,"washeld Thursday, October 3. Amy Tobel, a UB alum, is an attorney who works in the Career Placement Work Office for NYU Law School. She is a highly energetic speaker, and has held over 14 jobssince graduatingfromlaw school. One of the items she stressed was the importance ofa goodcover letter. She statedthat it should be formal and stick to three or four good paragraphscoveringwhoyou areandwhyyou are writing, your past experience relating to this area ofwork,and any personal commitment or tiesto this particulararea. Shepointedoutnot to be too verbose, but to be clear and concise, emphasizing that you should be able to talk about every line in the letter. She also added that it is very important to state that you will contactthe agency and then to actually follow up persistently, sincemany public jobscannot afford goodrecruitment due to understaffing. Finally, she strongly urged students to attend careerconferences. Theweek was highlighted, andcame to a conclusion, on that same Thursday night whenareceptionwasheldfor faculty, students and members of the public interest law community. Dean FilvarofFgaveabriefspeech and this was followed by the presentation of award certificates to the 17 BPILP summer interns from their respective sponsors. The Public Interest Law Week was as much a success as itwas informative; asmuchapublic, interest lawweekas an "inyour bestinterest ' law week where UB students benefitted immensely bylearning valuable information on how to find and fund publicinterest jobs,and making potentially lasting contacts in that field. October 16,1991 The Opinion 3 �OPINION The , ~, w i 32, No. 4 Volume ' Saff: Mailbox October I, 1991 EDITORIAL BOARD Thomas v. Hill Editor-in-Chief: John B. Licata Andrea Sammarco Managing Editor: Business Manager: Natalie Lesh Srikant Ramaswami Editor: News Features Editor: Darryl McPherson VitO Roman Layout Editor: Michael Radjavitch Photography Editor: Kevin P. Collins, SaultanH.Baptiste Contributors Brian Madrazo, Rebecca Eisen, Hans Tirpak, Tom Winward,Jim Maisano,Bill Kennedy, JeffreyErtel EDITORIAL Thefirst floor student lounge hasbeen painted,recarpeted and according to the laws ofNew York State it has been designateda non-smoking lounge. In spiteofthis many students whouse the lounge have not yet beenalerted to thenon-smoking nature and thepresence ashtrays in the loungehas not deterredthe continuedviolation ofState regulations. Withthe conversion ofthe fourth floorlounge intoa computer lab the student body dependsconsiderably uponthe firstfloor forgroup meetings and guest speakers. Continued use ofthis lounge as asmoking lounge is contrary tothe purpose and needs ofentire school. The immediate response is where dothe smokers go ifthey are notallowed to smoke inthefirstfloor lounge? Apparently, smokersare not deterred by non-smoking signsthroughout thehallways and the absence ofasmokinglounge should not create any problems in their smoking habit. However, the SBA has announcedplanstoopenasmokingareaonthefourthfloorneartheelevators. Smokers have complainedthat it is notaroom and it is insultingfor them to beremoved to such a location. Their pride has been wounded and they feel their liberty has been undermined. Inresponse, there is noright to smokeand to assert it as aliberty issue is spurious at best. Whatremains is that more students are non-smokers and stateregulations explicitly forbidding smoking in public access areas. Unfortunately, the smoke is filtering into thecarpet and furniture making thenon-smoking loungean environmental cess pool. CCopyripM MM. TmOpiiHiM* ' --—- - Yf i nr'rfr inntilmrt ■MmHlmq—him—HiiHw r -i,mi nlMi.-w, inn jlt, _. 'tn li in i JIH alNMVo*aeiMt>BelMl«lLar.SUNV«BiMiHHC«ivia.B<itWD.NMVo>ki4an. nonifiml, »iun«t —CWamCo«id<xSM<lelTlw(»inpn. » 1 n n r n TH nifti*iii.«HH iMil jiijl r •ttwlaanMo.NV. rm,M t TtoOptanbtaMky 9»S&Atmm*ms,*L*mP*m. lam -~* '— i , l dorf»»ww«p«M—WbMCMpX PtMMdoiKXpuiinrmngyouwanpnnMdundwouroWleedoor. AlubmtMomthoUU Th.OpnMaMulMlM |t>l»«dwbulf««VMlMr Mlo«MlorMngniM«Ml M oo>Mnl. UMnlMV*ftm*m«prt V b»pMM«»»«)iMliMaM4O«Si2brtt»««eiiw<M* o—mwlorim-mwwr—po—>W»»n—m—guMM. Letters to the Editor This is inresponse to Bill Kennedy's cartoon inthe Octoberl, 1991 issue ofTheOpinion. The point ofhis misguided fiction was thatthe Judge Advocate GeneralCorps banis unfair to law students because itwasn't the law students themselves whowere' 'taking anybody else's opportunity away fromthem.'' This is deluded thinking Mr. Kennedy. No onewants to take anopportunity away from you. You are free to jointhe JAG Corps ifyou choose. But what you failed to consider is that the JAG Corps was taking away opportunities from the students. It is the JAG Corps that was act ing in a discriminatory manner, and not onlyto gay sand lesbians, but to those over 3 5 and the disabled. This is not a question, as I have heard mentioned, ofwhether gaysand lesbians can perform adequately inthe military. The military had openly gay people duringthe GulfWar, ofcourse because they wereneeded. No one seemed to mindthen. Why is it so important who people have sex with. Isa woman less ofa patriot orsoldier because shehas oralsex withanother woman? Is a man unfit to prosecute deserters and drug dealers because he has anal sex with another man? Is their motivation anyless? I justdo not seethe connection between an adult's sexuality and his/her ability to perform on the job. Thepoint ofyour cartoon should havebeen that punitiveaction was takenagainst the ones who deniedthe opportunities. In this country wepunish the guilty, as opposedto fascistregimes who silencethe persecuted. Whatrealistic (final) solution do you propose, Bill? Your cartoon suggests that sincewe shouldn't be banning the military, and since studentsare being punished by the ban, perhaps we should be punishingthegaysandlesbians. Should webangays and lesbians from campus because they made all possible recruits questionable in the eyes ofthe military? Should wethrow out gaysand lesbians because they standupfortheirown humanrights, promote awareness, and combatbigotry?Orperhaps we shouldthrow them outbecause they offendgood Christian sensibilities. Come on Bill, it's obvious you think that they're to blame. You can cryall you want that it's not fair toyou, butit' s lessfair tothe people whowanted to joinbut couldn't. Go jointhe JAG Corps, Bill and fight for the new world order. But, when you get in,just be sure to respect your gay and lesbian fellow soldiers. Sincerely, Scott Rudnick,2L 4 Opinion The Opinion October 15,1991 by SrikantRamaswami, News Editor A white comrade once asked Clarence Thomas how he was. He responded:'Tm just trying to make it in your world.''And indeed he tried. Ina relatively shortperiod, the 43 year old graduate of Yale Law School enjoyed much success. Now, some 107 days later, his reputation is tarnished and Clarence Thomas isa broken man. Because he hasbeen subjected toa process which has taken him from the prestigious heights ofa Supreme Cout nominee and , dumped him into a dungeon wherehe has " earned ' the sobriquet of " sexual harasser." As I sat gluedwatching Thomas' visceraldenialofMissHill's allegations, I wasvisually moved. Indeedhis speech was eloquent, zealous,and very, very, solemn. And Thomas' message was vitriolic: "Unless you kowtow toan old order.. .youwill belynched, destroyed,caricatured by a committee ofthe Senaterather than hung from a tree.," he said. IfThomas is innocent, a' 'hightechlynching" didoccur and nothingcan salvage Clarence Thomas'reputation. And then came Anita Hill. A brave woman. A woman who took a step forward at the expense ofherprivacy andtold thenationabout the ClarenceThomas sheknew. She spokeabout his desireto dateher,his own sexual prowess, his comments on pornographic moviesthathe had seen, and his comments about pubic hair in his Coke. In effect, Anita Hill wanted the Judiciary Committee to know the other side ofClarence Thomas. Newsweek magazine states that' 'ClarenceThomas and Anita Hill sat under the same whitelights atthe United States Senate, adamaged manand an injured woman demanding hot Two justice. parallel lives that had looked exemplary suddenly collided overan ugly story of harassment.'' sexual And Time Magazine states that inthis dramatic saga,' 'one was telling the truthandthe otherwas lying. Oneofthem was shouldering theburden unfairly and itmay neverbeknown whichone." Both AnitaHill andClarence Thomasfound that enough is not enough. That in America FBI reports can beleaked to the public. That inAmerica the media can sneak into your garage at night to uncover filth.'' That the ugly debatebetween Republicans and Democrats have levelled them pawns in a chess game for victory. Despite Biden's stance, the Senate JudiciaryCommittee hearings will have to step in a newdirection. Becausea process that does notallow potential nominees tothe highest court - continued onpage 6 Submissions forTheOpinion should be typed and double-spaced oron IBM compatible diskofeither3.5" or 5.25" format, using anyofthe followingprogramsiMicrosoftWord, MSWindowsWriteASCHtext, MultiMate,WindowsWord,Word Perfect4.2/s.l,orWordstar. Dear Editor, As one ofthe victims ofincessant mailbox theft I appreciated your October 1, 1991 , editorial. However, I take issue with your assertion that' 'there is nofeasible alternative ' by which to remedy the problem. The purchase ofhasps and hinges and some relatively easy remodeling by the Carpentry Shop on the part ofthe school, and the willingness to purchase combination locks on thepart ofthe studentswouldremedy theproblem So wouldtherequirement that ALL notices ofan official or especially ofan academic nature be posted in glass-enclosed bulletinboards. Ifthecurrent glass-enclosedboard is inadequate interms ofsize then new ones should be purchased. In a school in which funding is made available to student groups withextraordinariliy narrow focus and serving thetiniest percentage ofthe student body, surelyfunding should be available for a matter which concerns us all. Sincerely, John Cody, 1L Blum Suit continued frontpage 1 aforementioned dueprocess claimand essentially allege a series ofintimidations by professors and administrators based on personal antipathy and "political correctness run amok." Dean Filvaroff stated thatthe suit is a "personnel matter now in litigation," and ' 'detailed comments orresponses are not ap- propriate. Wewill.ofcourse.respondappropriately in the judicial proceedings he has initiated." The federal claims will be heard by Judge Curtin, while Judge NeMayer, in the CourtofClaims will hearthe remaining claims �McPHERSON! In"Dair>l McPherson Clarence Thomas has justbeen confirmed as an Associate Justice ofthe Supreme Court ofthe United States in a startlingclose voteof52 to4B. There'snoneed to dwellonall the manipulations, both public and private, that brought the United States to this point. History, and other articles in this paper, will record thegenerally skewed perceptions ofthe event. Now thatthe deedhas beendone,it' s timeto look to the future. What doesall of this mean? Are we a better country for having Thomas onthe court? Is Thomas a betterjustice for having madeit through the proceedings? Is the statusofwomenthreatened? Does this signal the end ofsociety as we know it? My ownreaction may be a bit extreme. I findthis turn ofevents very distressing. This isn't necessarily due to feelings about Thomas personally,but ratherabout his political persuasion. The spectre of a conservative Supreme Courthas beenloomingovertheU.S.forsometime. Iknewitwas coming, butl always held out some distant hopethat something wouldhappentokeep it from becoming areality. I don't want a predominately conservative Supreme Courtbecause I think some balance is necessary. Perception is too easily swayed by ideology. If you ask a liberal's opinionabouta particular person, shemay saythatperson is a genius. You ask a conservative the same question,he'll say thepersonisanidiot. With ideology becoming the first qualification for a Supreme Court seat, this country can' t afford such a deep seated biasinwhat issupposed tobethe fairest body in ourland. Thisopinionapplies equally to liberals and conservatives. Naturally, others may not see it this way. Disgust with the Democratic Party losing touch withthe desires ofthe people hasdrivenmany to theright, or atleast closer to the middle. I suppose I shouldn'tbe too Features F.diioi surprised. For some reason, everything the Democrats touch seems toturn intoamessy affair. I wonderhow thehearingswill affect Justice Thomas. Would heusehis position to exactpayback against theliberal special interest groups that turned bis life into a living hell? Can he fairly discern therights ofa woman in a sexual harassment case? Will he finallybeable to formafair opinion onßoev.Wadewhenheknowshow Senator Metzcnbaum feels on the subject? Someone once said,' 'whatever doesn't kill you makes youstronger." I'dliketobelieve that could apply to Thomas, but I can' t help but think theadage, "don'tget mad, get even." Even ifI give him the benefit ofthe doubt (he's gotten plenty ofthat already) thathe canmaintain a proper judicial temperment, onehas to wonder how much he'schanged after the second round of hearings. He admitted himself thathe isa changed person. Though this seems like a victory for blacks, the big loser isthe women's movement. Themessagetbisconfirmationsends is thata man's wordis still stronger thana woman's. While men and surprisingly, quite a few women, celebrate the Senate vote, a number of victimized women will silently suffer unwanted advances in the workplace because they know a callous society doesn'twant toheartheir cries. And the ramifications of this on the abortion rights issueare clearly ominous. Perhaps whatbothers me most isthe personal toll this has taken. This has seriously impactedmyrelationship withtwo of my best friendswhoprefer toremain nameless (though it doesn'ttake much to figure out who they are). Despite the fact that I know somepeopleagree withme, I feel very alone. This issue apparently cuts deeply into the heart ofAmerican life. Muchtoo deeply, I think. Nomine s Through The The Lynching of ClarenceThomas "This is a circus. This is a national disgrace. It is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas. It is a message, that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed,caricatured by a committee ofthe U.S. Senate rather than hung from a tree." Judge ClarenceThomas byJimMaisano Judge Thomascould nothavebeenmore accurateorpowerftil. The liberal plantation of Democrats, special interest groups and the media had tried to lynch him. The AntiThomas coalition (led by liberal, black and women' sspecial interestgroups)attempted to destroy the character and dignity of a man whose entire life has displayed nothing but integrity.hardworkandsuccess. Thesegroups wereunabletodefeatthe Thomas nomination through the normal, democraticprocess; thus, a Democratic staffer was used to leak Anita Hill's allegations to the media when it was certain JudgeThomaswould beconfirmed. The affidavit containing Hill's allegations wasinvestigated by theFBI,reviewed by JudgeThomas' opponents and supporters on the JudiciaryCommitteeand deniedas inconclusive and insufficientto warrant further investigation or to halt the committee's final vote. Even Hill hadrequested thatherallegations remain confidential. Nonetheless, a Democratic staffer chose to violatethe legal andethical codesoftheU.S. Senate and leaked theaffidavit to the media. From this point on, all notions offairness and justice were eliminated fromthe confirmation process, asJudge Thomas wasforced to defendhimselfagainst a weak, unsubstantiated allegation already rejected by the Judiciary Committee. The Senate Hearing became a "high-tech lynching." Judge Thomas was guilty ofbeing a BlackConservative Republican. Whenawomenmakesachargeofsexual harassment, it must be treated with respect. Ages VU- ykft*£i>V However, this does not mean that sheis telling the truth. Our society determines the truth in these controversies through thecourt system, where thereare judges,juries,statutesoflimitations and rules ofevidence and procedure. Hill,a civilrights attorney, decided not to file a claim. Thus, when shecame forward at the "11 thHour"to makeherallegations, she was faced with a strong burden ofproof to overcome. The Anti-Thomas coalition had just spentover 100 dayssearchingfordirtonJudge Thomas and were unable to find even the remotest trace of scandal during his career. The burden could notbe placed on JudgeThomas basedona single, uncorroboratedallegation. Ofthe thousands of women who had workedwithJudgeThomas overhis life,there was noj one who had anything but glowing praiseforJudge Thomas' workplace conduct (exceptforonewomen whowasfired by Thomas for calling aco-worker afaggot). The questionis then, did Hill meet her burden? The answer isclearly no. In this very strange forum, wehad theword ofone person against another. Theonly witnesses that Hill couldproduce wereacquaintances shetold,"I have been sexual harassed by my supervisor/ boss whohasrepeatedly asked me fordates.' * Not oneofthese witnesseswasever toldofany pornographic language. JudgeThomaswasnot even Hill's only supervisorduringthisalleged period of harassment. Hill's testimony appeared credible, butremains justan allegation, since itis notaccompanied by any corroborative evidence. She could notmeet herburden ofproof. Hill's allegations raise serious questions; why wouldany women follow her harasser to anew jobwhen she was secure inher oldposition; why wouldawoman makeover 15 phone calls to her harasser after becoming a lawprofessorand evenmeetwith him socially; why didn'tshe fileacomplaint against Judge Thomas, especially since she worked in the officeresponsible for enforcing the nation's sexual harassment laws; why didshe wait 10 years to make these allegations, when Judge Thomashas now been through 3 otherconfirmationhearings; why didn'tshe keep notes on the alleged harassment, the exact advice her officeprovides othersexual harassed women; whyisn'tthereany pattern ofharassmentwith any other woman during Thomas' entire career; why did she tell two men at the recent ABA convention that shewas excitedabout the Thomas nomination and that he really deserved it; why were some ofher allegations about Judge Thomas' comments found in a case in the Circuit where she teaches (Long Dong Silver) and in TheExorcist(pubic hair in adrink); and whycould sheperfectly describe Thomas' commentsto her 10years ago,while duringthequestioningshecouldnotremember whathappened inthe past week? These questionsandothers prevented Hill from meeting her strong burdenofproof. Themostpowerfulweaponagainst Hill's allegations was. Judge Thomas himself. He wasassertive, genuine,passionate, forthright and extremelycredible. Forthefirsttimeinthe confirmation process, Thomas' brilliance was continuedonpage 10 October 16,1991 The Opinion 5 �"Too Bad Life's Not Like Baseball byJeffErtel Too bad life's not like baseball. If that were the case Warren McCleskey would have the opportunity to come to bat again in a few innings. Instead he is dead. We as citizens shouldbe concerned, not because an arguably guiltyman has been executed, but because his caserepresents the erosion ofindividual rights that hasbeen affected by our courts. We as students should be outraged thataChiefJustice ofthe Supreme Court, onethathas espoused judicialrestraint, has spearheadeda campaign to implement policies thatCongress has decided consciously not to. In general, justice will recognize thatracial prejudiceruns rampant throughout its decision makingprocess, and in essence will condone it. And we, as future attorneys, should express concern at a Court that is willing to discard established doctrinemerely because itspolitical ideology and make-uphave recently changed. Who is Warren McCleskey and whatis this all about? Warren McCleskey has the distinction,besides being the first person executed in the state of Georgia in over three years, ofbeing one ofthe few, ifany, individuals with theirname on two landmark Supreme Court decisions. The purpose of this article is not to debatethe relative merits (or lack thereof) of capital punishment. I leave that for another author. Mypurpose is tobriefly outlineWarren McCleskey' spath through thecourts andbriefly examine the holdings of the tribunals that determined his fate. In so doing, I hope to stir some interestand hopefully some debate in the law school community. In 1978, a group offour black men, including WarrenMcCleskey carried out the armedrobbery ofa furniture store in Atlanta, Georgia. Duringthecommissionofthiscrime a silent alarm was sounded to which a white Atlanta police officerresponded (I makereference to race only because it was a relevant factor inthe post convictionlitigation.) There wereno witnesses, other than theparticipants, to what happened next, but the facts that were presented to the jury were: OneofMcCleskey'sco-defendants supplied informationin return forafavorable plea bargain. That information stated that McCleskey had been the one who shot the officer. This confession took place in Fulton County jail when he and McCleskey were housed in cells nextto each other. , McCleskey s attorney asked that all relevant material concerning the defendant and/or the State's witnesses be turned over beforetrial. Nothing ofsignificance was forthcoming and the State denied that any other material existed. The Fulton County District Attorney (quite out of character) sought the death penalty. This is the same D.A. who decidednot to seekthe deathpenalty in virtu- continued frontpage 4 in thenation to candidly express theirviews for fear oflosing the vote is intrinsically flawed. Because a process where the politician must ultimately confirm the judge and the judge must cater to the politics is inherently wrong. Because the inefficacy and uselessness of Congress, plagued with internal jealousiesand personal likesand dislikes screws thenominee Ambassador continued from page 1 abled military satellites from orbit. Intertwined in the problem of space debris is the increasing demand for mass communication and the technologyrequired to put a satellite in orbit deposits space debris. Once a rocket booster is used it separates from the satellite and spends several years circling the globe as a piece of space junk. The Opinion sentenced to death. McCleskey's convictionwas upheld on appeal and onthe initialfiling for post-conviction relief in State court, his attorney s alleged numerous claims, only two of which are of importance to this discussion. First, they argued Georgia's Capital Punishment scheme was unconstitutional because it wasdisproportionately imposed upon blacks byaratio offour toone. Insupportofthiscontentionanindependently conducted, in-depth, multiple regression study was submitted. Theresearchshowed the imposition ofthe death sentence was based in large part on therace ofthe victim and, to a lesser extent, the race of the defendant. It showed that black defendants charged with killing white victims were 4.3 times as likely to receive a death sentence than were their white counterparts. Secondly, they raised a claim that the ' 'jailhouseinformant wasplaced intheadja- Having had the rare opportunity to be before the Supreme Court twice within five years was of dubious distinction Showing general discrimination is irrelevant, the Court said. In order for a defendant to prevail, he must show that racial prejudice influenced eitherthe prosecutor, the judgeor thejury individually. ...STRIKE ONE Sometime later, new evidence came to light that gaverise to a new claim. This one, however, was not as mundane as a racial discrimination case, but involved deliberate suppression ofrelevant evidence onthe part of the State. A twenty-one page report detailing howthe jailhouseinformant was deliberately placed, by the State, in a cellnext to McCleskey for the sole purpose of gaining a confession, was finally released to the defense attorneys. Itwas reported that inreturn for histestimony, the informant would receive a favorable sentenceinanothercase. Thus, the original claim that was filed in State Court should have prevailed. McCleskey'sattorneys fileda successor habeas corpus petitionalleging that the State violated hisrights by deliberately withholding this information. Once again McCleskey was grantedrelief at the District Courtlevel, once again the Court ofAppeals reversed, and once again the Supreme Court grantedcertiorari. This trip to the Supreme Court would surely be different for Warren McCleskey. There was no denying that the state had violated his rights, by hiding the status of the informant and thuspreventing defense attorneys fromattacking hiscredibility. There was established doctrinethat supported hisclaim; he was going to bespared. Notso! InMayof 1990,the SupremeCourt, led by Chief Justice Rehnquist, held that McCleskey did indeed have a valid claim, however, he should have known ofits existence because he was there duringthealleged conversations. Andeven if he hadn'tbeen there it didno t matter, the Court went on to hold, because hewas guilty anyway. ..STRIKE TWO Having had the rare opportunity to be before the Supreme Court twice within five years was of dubious distinction to Warren McCleskey. Hislegal claims were exhausted and the only hope he had oflife rested with Georgia's Board ofPardons and Parole, this States's version ofexecutive clemency (you remember Ford and Nixon)> Surely here he couldpresent themitigatingfactors ignored by the courts and they would not fall upon deaf ears. McCleskey's clemency attorneys presented considerable evidence that cast doubt on whetherhe was, in fact, the actual shooter. In addition, two jurorswho sentenced him to deathtestified before the Board. They stated that ifthey hadknownofthe plea arrangement between the State and the ' 'jailhouse informant" they wouldnothavevotedfordeath. In Georgia the jury imposes a capital sentence, andtheverdictmustbeunanimous. Onceagain McCleskey presented claims of substance to the tribunal thatwas to determinehis fate, and onceagain came away empty-handed. STRIKE THREE Maybe Warren McCleskey did shoot that Atlanta police officer, and maybe he deserved to be convicted. Then again, maybe the decision to seek capital punishment was motivated by racialprejudices, or community pressure. Likewise, maybe the planting ofa jailhouse informant, and the subsequent suppression ofevidence that McCleskey was entitled to under thelaw, was motivatedby the desire to shore up aweak case against a black robber who was accused ofkilling a white police officer who was just doinghis job. We may neverknow, but it is my hope that when there is doubt in a case that requires the imposition ofthe' 'ultimatepunishment'' we would err on the side ofcautionand not carry out an execution. toWarren McCleskey. centcell by the state and thus he wasacting as astateagentunderthelaw. The State categorically deniedthis allegation and because there was no proof to the contrary, McCleskey's attorney droppedthe claimwhen enteringthe federal courts, in accordance with F.R.C.P. Rule 11's prohibition against the filing of frivolous claims. Theonlyclaimofanysignificance left before thefederal courts wasthe one alleging disproportionate impact based onrace. The Federal District Court granted sentencingrelief on thisissue. However, the Court ofAppeals for theEleventh Circuit overturned, and the Supreme Court grantedcertiorari. The highest court inthis countryacknowledged the validity of the study and its results, but in essence, it said,'' So What? It didn't matter!'' in the hot seat. Thomas v. Hill 6 ally all the cases thatarose after the Supreme Court upheld the constitutionality ofcapital punishment prior to McCleskey's case. And this is the same D.A. whochose not to seek the deathpenalty forWayne Williams, aman who wasconvicted ofsexuallymolesting and murdering numerousyoungblackchildren. Inany event, McCleskey was tried, convicted and And there are serious questions about this process. What ifClarence Thomas really did whatAnita I lill said she did. We will never know theanswer to that question so is it alright to livewith that suspicion forajudge who will decidethis nation' s future? Whatabout reports that sometimes people are not aware ofwhat they are doing or saying? Does that vindicate Thomas? As the curtain drops on this real life drama,Clarence Thomas and Anila Hill will go.Thomas may go to the highest Court orstay where he is,cut his grass,and visitMcDonald's. Anita Hill will go back to teaching in Oklahoma. What will remain is this process. A process that will need to undergo severaldrasticchangesso thatthe Clarence Thomases and Anita Hillsofthe future maynot besubjected to suchhumiliation. October 16,1991 Bar Revu The firstBar Revu meeting got off to ajolly good start atBrunner's Tavern, justoutside the Buffalo cityline on Main Street. The commitment to beer and merriment was evident; Thursday had mercifullyarrived. For those ofyou who missed The Opinion advertisement, the Bar Revu isa group of anonymous law students who gather to celebrate the coming weekend. Wehave nothing to dowith theBar Exam (as somehave mistakenlyconcluded);our tastes tendto be more imported. Molson, Labarts,and Samuel Adams are standard fare at ourmeetings. Back toBrunner's: beer, tunes, and the ballgame. What more does a law studentneed? The D J was quitewilling to satiate our musical needs, but somewhat unprepared to do so. Jimmy Buffet was requested and played, while the Beastie Boys"NoSleep Tilßrooklyn"hadbeen leftathome(these arenot endorsementsof any particular group,onlyillustrations of the eclectic musical tasteofthe Barßevu). In short, an evening ofquality time spentwithpresentand future friends. And George Snyder, too. It's worththe trip. OnThursday.October 17ihfliehappy Bar Revu-ers travel to Sheridan Lanes at 3706 Sheridan Drive for bowlingand brew. First ball rolls at 9:3opm and all law students and friends/acquaintances/ spouses/lovers are welcome. Rumor has it thatRoN willbe there this time. Sodon't miss this week' sadventure. THE NEXT DEADLINE FOR SUBMISSIONSTOTHE OPINION ISOCTOBER23, 1991. PLEASE SUBMIT ARTICLESTO BOX 443 OR 512 �LULU: ous waste in its area. This system isanalogous to an airline's procedure in dealing with overbooked flights. The auction begins at a relatively smallfinancial bonus - Mr. Inhaber suggested ten million dollars- and greater incentives are added to ultimately seduce a county into accepting the waste. Mr. Inhaber reasoned that the system guarantees avolunteer county as the people are willing to accept the detriment. Severalstudentsattending thepresentabyHankNowak tioncriticizedMr.lnhaber'spointofview. One TheEnvironmental Law Society brought second-year student noted thataneighboring Herbert Inhaber to UB last Wednesday to county could suffer damage as a result of discuss his theories to improve methods for leakage o ("hazardous materials into acommon dealing with hazardous waste. Inhaber is an water supply. Others questioned a county's environmental analyst withEcology and Envi- Hazardous Waste as Income? Hazardous waste allures local governments strappedfor cash. ronment, Inc. and operateshis own company, Risk Concepts, Inc. Mr. Inhaber immediately broadened his theories to apply to all locally unwanted land dedication to properdisposaltechniques. One student concluded that an application ofMr. Inhaber's theory wouldresultin further degeneration ofpoor, depressed areas. Mr. Inhaber countered by stating that such areas receive uses," whichhetermed "LULU's," including AIDS shelters and penitentiaries as well as hazardous waste underthepresent systembut hazardous waste depositories, the analyst do not benefitfrom the disposal. In conclusion, Mr. Inhaberrestated that primarily focused on the current public asin public attitude is necessary to change a sumption that LULU's will not be accepted alleviate the "hazardous waste problem." and' 'must beforced downpeople' sthroats.'' Some students left unconvinced thatthehazCharacterizing this attitude as ' 'crazy," Mr. ardous waste could be alleviated by problem Inhaber presented theReverse Dutch AucA free plane tripmay attitude. merechangein tion" as an alternative. make one about an airline seat, losing forget Under theReverse Dutch Auction, every but another Canal is difficult to Love more county (or equally feasible population unit) rationalize. would be offeredan incentive to storehazard- Breaking the Cycle of DomesticViolence byRebecca Eisen On October4,1991,376 persons gathered in Rochester, New York to discuss the ' 'dirty little secret that is now getting attention: Domestic Violence. The focus ofthe conference was to discuss the tacticsofpower and controlwhichare the bases of domestic violence. Domestic violence is the leading cause of injury to women in the United States. Oneofevery two women will be eitherabused or killed by a spouse or lover. Onemillionwomenper year are treated by doctorsfrom injuries caused by domestic violence. These significant numbers tell us that domestic violence isa crime, not a squabble. But, what do they tell our society? Thisquestion wasconstantlyaddressed throughoutthe conference and the answer is unclear. Asa society weare beginning to understand the devastating effects of domestic violence. However, this brutality is entrenched in the way people are broughtup,inthewaypo lice are trained and in the way people on the outside view domestic violence. Whenconfrontedwith the question' 'Why don'tthe women justleave?" the overwhelming response by both victims and those who work with victims is frustration at the ignorance that lies at the base ofthe statement. The manipulation andcoercion usedby some men to givetheir spouse orlover noalternative but to stay is seen in the following story told by Ellen Pence, the founder of a program for batteredwomen inDuluth, Minnesota. There wasa woman who wasmarriedfor seven yearswhen she finally admittedthather marriage was over and that her husband had been emotionally abusive. However, she needed a plan before shecould leave. Without a college degree she would not be able to support herself so she enrolled in the university. Herhusband recognized this act as being thefirst ofmany inhis wife's attempt to leave him. One day when she came home from classes her husband asked "her to clean the garage. She refused, explaining that it was clean. He insistedand she went to the garage. Inthegarageshewas greetedbyherdog, fatally stabbed and hanging from the rafters. It was clear that this wasawarn ing to herofasimilar fate ifshelefther husband. When shedid leave three years laterhe made true on histhreat. As shocking as this story is, it is not uncommon. Everyday thousandsofwomen gohome to fight awarwiththepersontheyfeUinlovewith. The go home to a husband/lover who beats them into submission. The partners use many tactics to control theirwomen,seeing the womanas apossession with which they will not part. A panel of survivorstold their stories, withassurances of confidentiality and discussed the different power and controlmethods usedby theirpartners. Theirstories wereindividual in detailbut common inthemes ofsex and children as tools ofcontrol. Lenore Walker spoke after the panelists, she is a renowned psychologist who , specializes in thebattered women ssyndrome defense. She frequently testifies at trials wherethe woman ischarged withmurdering herpartner. Dr. Walkerasserted thatless than fifteen percent ofhomicides are committed by womenyet when they are convicted, they get longer sentences than men. How does this reflect on ourjustice system? On oursociety? We need to teach the police and prosecutors that the battered women's syndrome is very real. We can no longer accept theattitude of the police that they will no arrest abusers because the cases never get prosecuted dueto alackofperseverancebythevictims. Weneed to setup a system thatresponds effectively to the particular and complex needs of women whohavebeenabusedforalongperiodoftime. women who have had all dignity and power strippedfrom them. How canwe expectthem to face theirabuser, alone, at anarraignment in criminal court? All these questions were addressed throughout the conference. There was a considerable amount offear and frustration expressed but therewere also signs ofoptimism and accomplishment for the progress already made inhelping battered womenescape from their lives offear and helplessness. New York State has established a Domestic Violence Hotline at 1-800-942-6906 and a hotline forSpanish speakers available from7am-l lpmallweekatl-800-942-6908. If youhaveanyquestionsorconcernscontactthe Domestic Violence Task Force at 636-2781. Theoption openfor the survivors at the conference was Alternatives for Battered Women, Inc. located in Rochester. Most referred to it as heaven the alternative they The Influence of Time: Timelessness in Constitutional Interpretation by Tom Winward TheConstitution ofthe United Statesof America, we are told, is not a common piece oflegislation akin to any other type oflaw. It setsout certainprincipleswhichtranscend the influencesofonetimeperiodoranother. Yet, often the time in which a case is decided dictatesthe manner in whichthe Constitution isapplied. This, I will argue, is contrary to the underlying valuesoftheConstitutionandmakes forbad law. What do the following cases have in common: Dred Scot. Roev. Wade. Brown v. Topeka. and Miranda? The answer isfirst that in one way or another they are bad law and can flag ifyou wishbut duringtheVietnam War youcouldnotburnyourdraftcard. Today,you can discuss the merits ofcommunism, but in the earlier part ofthis century such speech wouldhavebeenforbiddenasdangerous. This is the dangerofdefining ourbasicrights by the time in which we live. As forthecases previously mentioned, ho w doesthe in fluence oftheirtimemake them bad law. Therights they seek to outline orthe policies they seek to protectare lessened when made dependent on the timein whichtheyare decided. Roe v. Wade, for example, with its trimester approachlorights, is dependent upon the technology at thetimethecase wasdecided. Undoubtedly some ofthe difficulty the decision faces today centers around the fact that life can be sustained earlier as in the case of premature births. In Miranda the justices began the decision by stating the proposed when re-examined in a differenttime period. warnings were embodied in theConstitution's More importantly, however, it denies the Fifth, SixthandFourteenthAmendments. They American people a clear understanding of felt compelled, however, to discuss contempoexactly whatrights theyare guaranteed under rary studies ofpolicemisconduct, which today, the Constitution. Anoutstanding exampleof in theabsence ofmisconduct, allows the violation ofConstitutionalrights to be viewed by this uncertainty canbe found in First Amendment jurisprudence. Weall know that wehave the court systemas harmlesserror. Tobesure, the freedom to speak, but exactly howfar does this constitutional miscalculation does not only occur on the traditionally "left" sideof thatfreedom extend? You mayburn theAmerisecond they were decided in a way that the Constitution was not designed to all(>w. These cases are all based primarily on the influences ofthe time in which they were decided. Thedisadvantage ofsuch legalreasoning is that it invites the overturning of a case — thought they never had. constitutional issues, hi cases concerning drug Constitution itself, they make law that is contesting for federal employees the Supreme strained by timeand that does violence to the Court specificallymadereference tothe "War basic rights of theAmerican people. By this on Drugs " as the impetus for thedrug testing. observation one might assume that I am a I find it very difficult to believe that one day disciple ofthe great god ofjudicialrestraint, some official will go to the Supreme Courtand this is not completely true. I do believe in the stability and certainty thatit provides but there are times when the status quo offends those timeless rights provided by the Constitution. Weneed only look to our own history ofslavery The disadvantage of such legal reasoning is that it invites the overturning ofa case when re-examined in a differenttime period. to see that at times judicial activism might be appropriate. Butevenin this extreme case the legislature must play an important role, lor slavery this role tookthe form ofa Constitutional Amendment. What then is therole ofjudges and the Constitution? The Constitution itself spells ii out; the courts shall interpret the law. This meansthat alljudgeson the "left," "right" or otherwise must work withthetoolsprovided to themby the legislature. The legislature is the state that wehave won the war on drugs and no body that must look to the influences ofthe longer need mandatorytesting. You can be sure timeand thejudiciary must check il by applying tuneless principles. That this is the role that someday, someone will make that arguthateach body was meant to take isevidenced ment. Quite simply, whenthe Justices ofthe by the fact that the judiciary was to be apSupreme Courtlook to current studiesand to pointed for life and the legislature subject to the newspaper rather than case law and the frequent elections. October 16,1991 The Opinion 7 �From the Desk of the President October 15,1991 byBrian P. Madrazo The last two weeks have seen much happening both withinthe SBA and in the school at large. The Research andWriting Committee has been meeting regularly withtheadministration in aneffort to both insure that thecurrent first yearsand future Buffalo law students receive the best research and writing skillspossible. First year law students have requested thatthe SBAfacilitatean informationalmeeting with theadministration and the faculty whohave agreed to teach next semesters Researchand Writing. TheSBA has agreed to facilitate such a meeting and is in the processof settingadate and a time. Each first year will receive ample notification and it would be helpful for people to submit questions to the SBA as soon as possible in orderthat wehave an ideaas to areasofconcern. Further,lookforasurvey put together by the R & W Committee within the next several days. Moving on to otherareas ofconcern. Alumni Arena and Clark Gym will be conducting a survey October 27, 1991 through November 2,1991. Thepurposeof the survey is to determine who uses the recreation and intramural facilities and howofteninordertosetrates. Currentlythe SBA pays three thousand sixhundred dollars a year to Recreation and Intramurals. That fee allows eachlaw studentto use the , facilities "free ' ofcharge. Itcomesoutto approximately four dollarsperstudent The undergraduates pay approximately nineteen dollarsper studentand aretrying toget us topay more. While four dollars a student is a pretty good deal,nineteen dollarsisnot. It would mean drasticcutbacks to all student groupsand studentservices. Thealternative to the SBA paying is that each student would pay or not beable to usethe facilities. It would behelpful to know what the students think so stopbyor dropa note inmy boxnumber449. J usta quick note onthe SBA meeting schedule. Weare meeting Thursday October 17,1991 verybriefly and then not againuntilthefirstweekofNovember. The October 24,1991 meeting is canceled so thatpeople can go out and do the ' 'Moot Court" thing. Goodlucktothecompetitors. Withrespectto general businessconductedby the SBA overthe last two weeks. SBA allocated onehundred dollars to the Domestic Violence Task Force fora conference in Rochester. The SBAallocated one hundred dollars to Law Students For Corporate Accountabilry as an initialbudget. The SBA recognized the MedicalLaw Society as an official law school group. However,a motionto fund theMedicalLaw Society was tabled until they brought a representative from thelaw school before the SBA. TheSBA is in theprocess ofamending its constitution. The SBA AD Hoc Constitutional Revision Committee has submitted its work to the full body of the SBAforconsideration. The matterwill be debated duringthefirst weekofNovember. Theproposedchangesmustbepassedbythe Board ofDirectors by a two thirds vote and then must be passedby the studentbody in a referendum by a majority vote. If the Board passesthe proposedchanges thefull constitution will be published in the paper for the students toread. hi closing a few words on SBAmeetings. FirsttheyareonThursdaysatspmin room 210 and all are welcome. Debate is often vigorous and sometimes may seem foolish but please remember that it is a political processs and that the Board is charged withensuring that your money is spentwiselyandforthebenefitoftheentire studentbody. Thatchargemeansdifferent things to the different directorsandtherein liesthe basis ofthe sometimes contentious debate. However, you can influence their votebytalking withyour class directorsand by attending the meetings. Letters in support or against motions that the SBA is considering are encouraged orjustdropby theofficetomakeyourselfheard. TheSBA ishereto represent students, acliche to be sure but accurate nonetheless. Ihopetosee you at ourmeetings orin the hallways or in ourofficeandencourageyourparticipation. SBA Meetings every Thursday 5:00 pm 2100'Brian Supreme Court Caseload byAndrea Sammarco, iManagingEditor Advertising Act pre-empt failureto warnclaims broughtafter its enactment? Does FCLApreBy this time, the decision ofwhether or emptastate lawsuitchallenging federal warnnot to allow Clarence Thomas toascend to the ings? Can Rose Cippollone's reliance on lofty status ofSupremeCourt Justicehas been galmorousadvertising claims that L&M cigamade (for better or worse). However, in the rettes were ' 'Just what the doctor ordered midst ofall the turmoil, the attention ofthe helpherestatetorecoverforherinjuries? The Court isbeing diverted by the wealth ofjuicy Supreme Court will soon answer these and issues to be decided in the new term. otherharrowing questions. Willy v. Costal Corporation Eastman Kodak v. Image Technical This case involvesalawyerwho suedhis Services employerin federal court, claiming thathewas Independent photocopying machinereunfairly fired. The federal court determined pairers allege that Kodak violates antitrust that his claimswere governedby statelaw and lawsby illegally "tying" itsmachine sales to dismissed the case on that basis, simultaservice ofthose samemachines, byrefusingto neously imposing Rule 11 sanctions for the saleKodak parts to independent repair firms. screw-up. The lawyer has alleged that the Kodak counters thatitwould be economically federal court, having no jurisdiction overthe absurd for it to lose marketshare by charging case, consequently has no jurisdiction to im- monopoly prices for its parts or repairs, a pose the sanctions, and that the idea of a practice which would integral to a "tying" "frivolous" lawsuit is "unconstitutionally charge. vague." RAVv.St.Paul Cippollone v.Liggett Group This case involves a first amendment Finally, the case you've allbeenwaiting challenge to acity ordinance which prohibits for!! Does theFederal Cigarette Labeling and displaying symbols that arouse' 'anger, alarm 8 The Opinion October 16,1991 SBA: Up Close & Personal by NatalieA. Lesh, Special S.BA. Correspondent Dateline: Thursdays, on the front lines oflaw studentpolitics. Ridiculous. Frustrating. Tiresome. These words immediately come to mindas I thinkabout trying to describethe most recent S.B.A. meetings. Yes, I was certainly much too optimistic in believing thatthis group ofpeople could, orwould, settle downand conducttheir business in a rational manner. Moreover, it seemsas if any attempt to achieve this will not be welcome. The battle lines will be clearly drawn, and neither side seems willing to budge. Perhapsthemostdignifiedparticipant at the meeting I observed was Cato, SecondyearDirector ErikMarks' beautiful puppy. The issue, not surprisingly, is figprtances. More specifically, itisthe disposition of the S.B.A.'s "unallocated reserve, '' from which new clubs are funded and existing clubs' budgets are supplemented. The S.B.A. has $2000 in this reserve for the entire year. Although the $100 profit from the S.B.A. party at Mulligan's was recently added to the unallocated reserve, this amountislargely static. Basically, when it's gone, IT'S GONE! Hence, the controversy. Three divergent opinions have emergedwith respect to the dispositionof the unallocated reserve funds: 1. The amount shouldbe splitin two-nomorethan $ 1000should be givenoutthis semester so mat $ 1000will beavailable nextsemester; 2. The amount should be split in two, but since somuchmoney has been givenaway already, the rest might as well be given by the Directors. Moreover, Hank believes and his supporters isnotfinanciallyresponsible, but instead is "ridiculous and anal retentive." More importantly, though, he argues that the money not given to new groupsnow, whentheyneedittoget started, willremain innextsemester's unallocatec reserveuntilitisspentonaneedlesslyhuge S.B.A. party. This conflict has resulted in wha First Year Director Kevin Collins calls 'motion sickness," as one motion after another is presented and debated amids several friendly and hostile amendments Hesays, "Oneweekwedoonethingandihe nextwe do another." First Year Director Sarah Swartzmeyerisalso "nauseous with the groupand fedup withtheprocess. As I stated Previously, this whole thing is extremely disturbing. It seemsas if the Directors' votes are motivated by - vrndictiveness-theyarevotingnotforany- thing butagainst it. While this interaction is momentarily amusing to watch, I am personally sick of the weekly display of immaturity andspite. Itwouldbeonething ifthemembetsoftheS.B.A. showedsome sortofconsideration and respect for each other while voicing their disagreements. Unfortunately, there isa complete lack of courtesy, as evidenced by Second Year Director ScotFisher'scommentduringthe lastmeeting: "Pointofinformation-Marc, you'reanasshole." Thiswasnot,byalong shot,the only such comment,and I apologize inadvance to Scotforusing himas an example. It does, however, illustrate my away,too;3. Theamountshouldnotbesptit point that without mutualrespect and unintwo-newclubsare usuallyformed in the derstanding, progress the S.B.A, in will first semesterand funding shouldbeavail- continue to beimpossible. abletothemsothatmierdevelopmentisnot Outoffairness, Imustaddthatafew restricted. MostoftheClasDirectors hold ofthe Directors have consistently articuoneormoreoftheseopinions in the course lated a single strategy for givingaway the ofa single meeting, depending on which unallocated reserve money, regardless of chib isrequesting funding. Thisisperhaps thechibinvolved. Forexample, Third Year the most disheartening aspect ofthe pro- Director Marc Hirschfield has taken the cess fromthepointofviewofanobserverhardlinethattheS.B.A.shouldnotspend -personal biases and feelings are being morethan$ 1000oftheunallocatedreserve substitutedfor sound policy decisions. this semester. He views this position as Onthe other side, Second Year Di"financially responsible," and warns rector HankNowakhasconsistentlyargued against' 'defecit funding.'' While Marc against dividing the unallocated reserve does have some support for this policy, into two portions, one of which must be namelythat thereseems to have been some saved for the next semester. He maintains silent agreementmadeatthe beginning of mat any silent agreement to divide the the semester to divide the money in this money isvoid, since itwas nevervotedupon way,opposition abounds. orresentment in others on the basis ofrace, creed,religionorgender." The ordinance was used in the arrest ofa white teen-ager who burned a cross in the front yard of a black family. Simon & Schusterv.N.Y.StateCrime Victims Board Royalties generated by books ormovies based on real life crimes are sometimes funneled to the criminals who committed these acts. The"SonofSam"casehasfinallywound its way tothe highcourt, and the issue involved is the consitutionality of state laws which claim the royalties and leave thecriminal with nothing to show for his orher efforts. These laws can be rather expansive in scope, for example, the New York Law even applies to people convicted ofminor offenses. Under its coverage, Martin LutherKing wouWhavebeen ineligible forthe royalties generatedby books and magazines because ofhis civil disobedience. Thelawalsoappliestopeoplewhohave been accused ofa crime but never convicted. GMv.Romein ThescopeoftheContractsClauseofthe U.S. Constitution has again come before the Supreme Court, in the form of a worker's compensation case that challenges retroac- tivelegislation. Statesmaybeprohibitedfrom interfering with private contracts under the little usedprovisions ofthe Clause. Leev. Weisman ShouldarabbibeallowedtorefertoGod ina' 'non-denominational prayer given at a high school? The Supreme Courthasagreedto tackle once again the perplexing question of whereand how to draw the line prohibiting religion inpublic schools. Bray v. Alexandria Women's Health Clinic This case plays into the larger issue of whether federal courtsmay issue injunctions, against anti-abortion protesters who want to block access to clinics. A law which was originally designed to keep the XXX from blockingthe access ofblacks to voting booths, isnow underfireafterhaving been usedagainst anti-abortion protesters. These cases will be instrumental in establishing the constitutional framework on which ourrights and obligations as American citizens will develop. �"THERE'S NO SUCH THING AS A SPORTS LAWYER" . bySaultanH.Baptiste (1L) That was the message given by Mr. RalphHalpernonThursday,OctoberlO, 1991 to those whoattended the firstlecturethis fall presented by the Sports and Entertainment Law Society Mr. Halpern is currently a partner in the law firm ofJaeckle, Fleischmann & Mugel who represent the Buffalo Bills. A previous law professor at North WesternLaw School, Halpern gave a very informational speech onthetopic ofProfessional Sports Law withparticularconcentration onhis specialty football. Halpern stated that the concept of a 'Sports Lawyer' can not be easily classified. He said that the skillsalawyer learns such as contracts, torts, taxation, medical malprac- - Halpern explained that Sports Law is a relatively new field. According to Halpern, the first footballplayer to have an agent was Red Grange whenhe went to playfor the Chicago Bears in 1922. Previously, players were paid $100.00aweekandabout$1000.00aseason which didn't leave much money to pay an agent. In 1933, the draftassignment process was unilaterally established by the National Football League and with the impact oftelevision in the 1960's the necessity for agents became greater. Halpernsaid that in 1968, the firstfootball union was established under the direction of JackKemp ofthe Buffalo Bills. Halpern said that an agent "basically negotiates aplayer' semployment contract. However, anagent also obtainsand negotiates contract, apercentage oftheplayer's contract, or a hourly rate. Halpern said that these fee paymentscan becombined invariousways but these agreements usually do not include the agents expenses. Halpern expressed various problems which have arisen as aresult of having a bad agent such as income mismanagement and excessive fees. A major problem has been conflictofinterest. Some contracts are structured where an agent will get his fee up front, which tends to mean that the player will also be paid upfrontasopposed to deferredcompensation which might be a tax advantage to the player. Halpern explained that if such a con- "Although competitors on the playing field, players are considered partners through the NFL Players Association. " tice, etc. are all necessary elements to efficiently represent your client, whether ateam ownerorplayer. It is not easy to become an agent for a player even ifa player wants you torepresent him, Halpernsaid. Each professional football player is part ofthe unionized National Football League Players Association (N.F.L.P. A.). An attorney must be certified by the union to negotiate particular provisions ofa player's contract such as a player's wages above the minimum set by the union, the form ofpayment, andthe frequency ofpayments. contracts for endorsements, provides investment advice, income management, and legal and tax counsel. He said an agent helps his client get the bestopportunitiesavailable and '' snllhavemoney afterhis[professional] playing career whichaverages 4.6 years. He stated that an agent/player agreement consists ofthree basic elements: (1) the range ofservices the agentwill provide, (2) the termofagreement(oneyearorcareer)and(3) agent fees. There are also various ways fees may be paid. An agent may get a flat fee regardless ofhow much a player gets in his tract includes a signing bonus to theplayer, but the player is not picked for the team, his contract is voidedand the player will have to pay his agent his full fee out of that bonus. A second major problem Halpern has observed is overly aggressive clientacquirement practices where an agent will send out a person(a "runner")toscan campuses to solicit players that may be drafted. Halpern also mentioned the important role the union performsin playernegotiations and benefits. ' 'Although competitors on the playing field, playersare considered partners" through the N.F.L.P.A., he said. The union reviews thecontractofeveryplayerandthereby has developedstandards ofpay through collective bargainingby comparing contracts ofprevious years.' 'Justlike an unionized assembly line worker", Halpem said theN.F.L.P.A. has foughtforplayer'rights such as daysoff,injury protection, and grievance procedures. Halpern's advice to anyone wishing to enter thefield ofSports Law is to develop skills in general areas ofthe law and associate with a firm or attorney who represents players or teammanagement. However, he didnot overlook the factor ofluck in ' 'being at the right place at the right time as an aid in entering this constantly growing area ofthe law. SPORTS? Ralph Halpern isapartner at Jaeckle, Fleischmann& Mugel, the lawfirm which represents theBuffalo Bills. Ifyou play ona team, forfun or for keeps, The Opinion would like to hear about it. Submit any stories or leave a note inßox2l2so that we can talk to you about your team's accomplishments. HALF COURT PRESS HEATHENS TURN TO PRAYER byPeterLorme andMichael Radjavitch OnWednesday, October2,thelawschool HEATHENS played the undefeated MUNCHERS,resulting ma 13-7blowoutof the once undefeated team. Thisvictory evened the HEATHENSrecord at2-2 forthe season. It was a gamethatfeatured good hittingonthe part ofall players, including a five-run first inning to startthe game on very positive note. Apparently, the head games whichthelosing team tried to play by not letting the HEATHENS use theirbats backfired, motivating the HEATHENS to give their best perfor- mance ofthe season. Thiswinningeffortalso featured great defense, highlighted by a dramatic playattiie plateby HEATHENS catcher CharlieLiu. Withthe MUNCHERS making a late inning surge, Charlie Liv dived like a juggernautandtagged therunner outto endthe inning and bring the surge to an end. The following Saturday, October 5, the HEATHENS wontheir first gameby forfeit, Wednesday' s game was not tobe noted inthe "W' column. Playing an opponent withthe best fielding Ihis side oftheBuffalo Bisons, the HEATHEN S offensewas unable to get out of theblocks. TheHEATHENSwerealsotaken by surprise at the other team's vast improvement over last Spring's hitting. Before the HEATHENS were able to adjust, the game was over, and with it the Fall intramural softballregular season. Betterluck in the Spring guys! WITH CRIMINAL INTENT by Michael Radjavitch Saturday's intramural soccer game against HOOF N MOUTH endedleaving the law studentsofCRIMINALINTENTwonder- Roger "Dodger" Sagemtan, gracefully completes his delivery of theball. PeteLorme, team captain and left fielder, wields his bigstick. while the second gameofthe double-header wasrained out. With theirrecord at 3-2,the HEATHENS were in a three-way tiefor first place in their division. With only the first placed team moving on to the playoffs ofthe Fall season, the hopes of the HEATHENS rested on theirperformance in the final game ofthe season. A win witha goodruns forand against ratio would boost them into the playoffs forthe second season in a row. Unfortunately, the result of last ing what had gone wrong duringthe 0-2 loss. Perhaps it was thefact thatthey hadnotplayed in aweek, or thatthe team optedto go with two forwardsinstead ofthe three which worked so well for theirfirst game, or maybe it was just thattheyhadabadday. CRIMINAL INTENT was outplayed at almost all positions. The younger HOOF N MOUTH teamhad farbetter speed, and with only 12 players present for CRIMINAL INTENT, the substitutions so necessary to keep up withthe hightempo ofthe game were simply not available. Itwas immediately evidentthatCRIMINALINTENT wouldhavea toughgameahead ofthemas they observedthe intramuralreferees takingthefield as players forthe opposing team. Winningthetoss,theHOOFNMOUTH captain optedfor sideoffield, giving CRIMINAL* INTENT the ball to open the first half. Once play started, the game moved to high speed and stayed there. The mismatches in speedleft large gaps in themidfieldofCRIMI- NAL INTENT, and the other team took fall advantage ofthese gaps topush theball intothe other halfwith very little interference. This situation leftCRIMINAL INTENT's defense in a precarious position, especially giventhe speed ofthe other team's wings. Aboutmidway through thefirsthalf, aHOOF NMOUTH forward tooka shot on goalwhich hit goalie HankNowakinthehoofandlefthismouthwide openas itbouncedinto the goal, givingthema 1-0 lead. The remainder ofthe firsthalf saw CRIMINAL INTENT attacking timeaftertime in an attempt to tie the score before halftime. Forwards Mark Skoultchi and Constantine Karides, as well as midfielder Francisco Duarte, took several shots on goal, but none made itinto the net. InthesecondhalfCßlMlNAL INTENT went back to a three forward offense, but the other team was ready for them. HOOF N MOUTH adopted adefensive strategy, attacking whenacountering opportunity presented itself. Many such counters werethe result of CRIMINALINTENT's numerous attempts to tie the game, and on one such breakaway HOOF N MOUTH scored to take a 2-0 lead. This second goal was theresult ofa veryheadsup pass followed by a great shot from a very difficultangle; it wasimpossible to stop. The remaining 10minutes were played verymuch the same, with shotstaken onboth sides, but neitherteamwasabletoscore. Thislossdrops the previously undefeated CRIMINAL INTENT toarecordof 1-1 withthree games left to play in the last two weeks ofthe regular intramuralseason. Twowinswouldguarantee themaspot in the playoffs, and thatisthe goal that CRIMINAL INTENT has set for itself. They are scheduled to play again on 10/19at 2:00p.m., andon 10/26at noon. All gamesare held near the EUicott tennis courts and fan support isencouraged. Ifyou haveany questions orsuggestions, please feel free tocontact team captains Michael Radjavitch or Jorge Guerrero. October 16,1991 The Opinion 9 �The Inescapability of Eugenics "A group of law students who shall remain nameless have decided to form a new, unofficial, informal group. BAR REVU There are no mandatory meetings, no by-laws or hierarchy. All that is required is WEEKLY ATTENDANCE AT THE BAR OF CHOICE. Thursday, October 17 This week:Sheridan Lanes 3706 Sheridan Avenue 9:30 p.m. $1.40 a game with student i.d. SEE YOU THERE." Lynching of ClarenceThomas continued from page 5 ity ofwomenand blacks have supportedhis confirmation,and theirsupport has increased since Hill's allegations. It is remarkable thatthe NAACP could unanimouslyreject nesses came forth ofblacks, whites, men, nomination, when he had so the Thomas women, liberals, conservatives, Democrats, support in the black community. I Republicans,and feminists. TheAmerican much to this forthe''Adthoughtthis organizationwas people responded impressive disas that vancementofColoredPeople." Apparently, Thomas should play, 59% concluded not include Conservative Black be confirmed compared with only 28% this does like JudgeThomas. against, including over 50% ofAmerican Republicans Americans have justwitnessed a nawomen (CNN Poll). A striking 67% of American blacks believed Judge Thomas tional disgrace. Yet,thepeoplerespondedto this injusticebyrallying behind adecentand should beconfirmed. Although JudgeThomas felt hisname honorable man inthefaceofa vicious attack. had beenruined, I believe thatithas already We have been presented with yet another been restored. The CNN Poll found that exampleofhowoutoftouch the politicians twice as many Americans believed Judge and special interest groups in Washington ThomasoverHill. Afterhis confirmation, are from the American people. When Ted Kennedy, whohasmurdered a woman and hewill serve the Supreme Court with dissoon has a long history of sexual incidents, is tinctionand this disgusting issue will be forgotten. The biglosers ofthis controresponsible forjudging the integrity ofJudge Thomas, whose entire career isbeyondreversy are the feminists and the black leadhow out of proach, it isnot onlycomical butasad dayfor ership who, as usual, revealed touch they are with their constituencies. ournation. Wecan onlyhope there arebetter , days ahead for this democracy. Since Judge Thomas nomination, amajor- on displayas he devastatedhis Democratic questioners, revealing theirincompetence. An impressive parade ofsupporting wit- by Hans Tirpak Whatwillthe worldbe likeone thousand from now? No-one can accurately preyears dict what problems will face us or what our environment or social structures will be like. One thing that we can be sure of is that the problems facingus willlikely be morecomplicated and severe than those facing ustoday. We as a society can influence in only verylimited ways what our world will belike onethousand years from now to enhance the chancesofhumansurvivalnahappiness. We can try to protect the environment, pass down cultural values, try to curb the development andutilizationofweaponsofmass destruction, tryto maintainand enhancethe genetic diversity of our species and try to increase the number and percentage ofpeople withinthe populationcapable ofdeveloping the level of genius that will be necessary to solve the problems presented in the next millennium. The first four approaches are presently politically popular, while the fifth (known as eugenics) is in political exile because the Nazistook it to heart,added particularly cruel denialofbasic human rights, and thus created incomprehensible and virtually unmatched evil. My undergraduatementor/advisor, whois apersonal friendofmine, wastheonly member ofhisfamily to survive the Auschwitz concentration camp. Having heard him tell ofhis experiences in the death camp, I believe that lunderstandaswellasanytwenty-fouryearold can the potential abuses ofnegativeeugenics whenhumanrightsare notprotected. Eugenie's political unpopularity is also the result ofthe mistakenbeliefthatitisaracistphilosophy. In the early days it was, but, since the birth of modern geneticsabout twenty-five years ago, eugenics is nolonger burdened by thesubstantial lack ofgenetic understanding. Thus, the racist vestiges have been removed to a great extent. For example, unlike fifty years ago, it is now for the most universally accepted that within everyrace and every nationality there arepeoplewiththe fullrangeofpotentialsfrom dysfunctional to exceptional, and that statementsof"Heisofthis race, therefore..." are to be totally disregarded except in relation to verybasic physical attributes. It seems only natural that any societal intervention in determining or influencing whom hashow many children willnecessarily be immoral and accompanied by a denial of basic humanrights. This is simplynot thecase. Iwouldnotsupporteugenicsifitwere. Firstof all, virtually every aspectoffunctioning societies, including those societies which are strongly dedicated to enhancing moralityand protecting humanrights, influenceswhom will have how many children. This is theresult of The Opinion October 16,1991 Secondly, societycan influencewhomhas how many children by encouragingpeople ofcertain groups to exercise their right to bear children. This iscalled positive eugenics and can be done withabsolutely no denialofindividualrights. It is intellectually dishonest to claim eitherthat genetics plays norole in the development ofintelligence orthatintelligence in no beneficial toaperson's chances ofsurvival. A recent study has shown that genetics is responsible for about seventy percent of a person's intelligence. Intelligence is simply the ability to learn and is thus universally applicable. So, what is left is the rather complicated problem of determining which groupsofpeople should beencouraged to have morechildren, who is to decide,and how to do thiswithoutdenying anyone basic individual rights. For example, I think thatNobel scientists should beencouraged to have more children, while people with severe genetically based handicaps should not. Everywhere in between is afuzzy grayarea. There are numerous waysofapproaching these determinations, all of which have significant flaws. Thebest wecan do interms ofincreasing the percentage ofpeople within the population with high genetically based intellectual potentials would be to encourage thegroups ofpeople who are most likely tohave high geneticallybased intellectual potentials to have more children. Determining which groups are to be encouraged to have more children isparticularly problematic forseveral reasons. First, it is widely accepted that standardized tests are inaccurate. Second, nepotism, racism and racial preference programs are übiquitous in our society, thus making socioeconomicsuccess apoorindicator of genetically based intellectual potential. Thequestion is whetherthesefactors shouldbe used in spite oftheir flaws as a basis for the abovementioned encouragement. So, do wesay " Screw it" andjustleave things to themselves because it would be difficult to make the above stated determinations? That was my firstresponse, butupon furtherreflection I realized thatevery moment of our lives society is influencing whomhas how many children. Haveyouseen the television shows "Murphy Brown," "Cheers," or "Married.. With Children" yet this season? Since society is influencing whom hashow many children, I think people should have a say in this encouragement and that society should at least try to use this encouragement to heighten our species' long term chances ofsurvival. I wouldappreciate any input on this subject (except personal attacks) inLaw Box 545. Career Development Office Recently representatives ofthe Student Bar Association (SBA) informed CDO of student concern about procedures used by this office in the forwarding ofapplications to employers participating in our programs. Specifically, there is a concern that CDO is prescreening resumes on the basis ofclass rank and law review. CDO sendsallresumes thatitreceives to employers, withveryfew exceptions. Those exceptionsare described inthe 1990CDO Handbook undertheheading Interview Program: GeneralProcedures," (p. 7). They areas follows: 1.Ifan employerrequests thatapplicants be froma particular class year (i.e., secondorthird-year),CDO will forwardresumes only ofstudents in thatclass year. 2. If an accounting orpatent firm has an educational requirement (e.g., accounting, engineering, or scientificcourse background), we will' 'pull the resume ofa student who clearly does not meet thoserequirements. However, we always give the studentthe benefit ofthe doubt. This year we didnot' 'pull any resumes for lack ofthis type ofqualification and, on those few occasions in the past when we have, the students involved were informed ofour action. The only other exception is when wenotice an inaccurate or fraudulent statement or statistic onaresume. Again, the student is notified ifhis/herresume is"pulled" forthisreason. This problem didnot occur even once this year. CDO doesmaintaina list ofresume/applications submitted to employers through our office. Students are welcome to come to CDO and have us check if theirmaterials were forwarded. 10 socialpressures and theawarding ofresources inrelation to expected societal contributions. �HUMAN RIGHTS WEEK The Graduate Group on Human Rights and the National Lawyers Guild will be sponsoring Human Rights Week, October 14 through October 18, 1991. On Wednesday, October 16, Dr. Robert Harris, a Rockefellor Fellow, will be facilitating an informal discussion on ' 'Diversity, Division, Diversion the Multi-cultural debate.'' The discussion will take place in Clemens Hall, Room 830, from 12:15 to 2:15 pm. On Thursday, October 17, there will be a Human Rights Week meeting in Room 408 of O'Brian Hall, at 3:30 pm. At 7:30 pm, in the Margaret Grant Lounge of Caudell Hall on the Buffalo State Campus, the Middle East Task Force of the WNY Peace Center will be sponsoring a lecture on ' 'Countering the Western View of Islamic Fundamentalism.'' On Friday, October 18, Virginia Held will be speaking in Room 684 of Baldy Hall, at 3:30 pm. Her topic will be ' 'Feminist Moral Inquiry-'' - LECTURES On Wednesday, October 16, the Lesbian and Gay Law Student Organization will be sponsoring a discussion with Mark E. Wojcik, J.D., LL.M., an expert and national lecturer on AIDS Law and HIV Testing. He will be addressing ' 'The Questions and Controversy Over Mandatory HIV Testing For Health Care Workers.'' The discussion will take place at 4 :00 pm. in the Fifth Floor Faculty Lounge of O'Brian Hall. A question and answer period will follow. On Monday, October 28, at 6:00 pm. in Room 210 of O'Brian Hall, the Sports and Entertainment Law Society will be sponsoring a lecture with Leslie Greenbaum, a partner at Gross Shuman Brizdle and Gilf illan. Mr. Greenbaum will be discussing copyrights, publishing, patents, and other issues in Entertainment Law. CDO EVENTS First Year and Transfer students are required to attend a CDO Orientation meeting on either Monday, October 21, or on Wednesday, October, October 31. Both meetings will take place at 3:30 pm. in Room 106. CDO will be holding four sessions on resume writing, and encourages First Year and Transfer students to attend: Monday, October 28, 11:00 am., Room 210 Wednesday, October 30, 12:30 pm., Room 210 Thursday, November 7, 3:30 pm., Room 109 Friday, November 8, 1:00 pm., Room 212 MEETINGS SCC Meeting: Thursday, October 17, First Floor Lounge, at 2 pm. The topic of discussion will be Congressional Term Limitations. AWLS Meetings: Wednesday, October 16, First Floor Lounge, 4 pm., and Wednesday, October 30, First Floor Lounge, 4 pm. CIDER SALE AWLS will be selling cider on Tuesday, October 29, from 8:30 am. to 12:00 pm. on the second floor of O'Brian Hall. LAW LIBRARY EXHIBITS The Law Library welcomes exhibits by law school student organizations on topics relevant to their missions and interests. To propose an exhibit for the hall showcase and/or library display cases, see Iris Reese in Room 208 of the Law Library. HIBERNIAN SOCIAL The Hibernian Law Society will be holding its first social from 7:00 to 11:00 pm. on Thursday, October 17, at Checkers Tavern, 1854 Hertel Avenue. For $5.00 at the door, eat and drink all you want! 1 DeSITIOnd MOOt \-.OUr*L wpu3Xe.*. - DesmondMootCourt Schedule PRACTICEROUNDS Fri. Oct. 18 4-Bpm in Rooms 108& 212 Sat. Oct. 19 2-6pminßoomsloB&2lo Sun oct 20 5-9pminßooms 108&210 PRELIMINARYROUNDS-theonesthatcount. Oct22-24TimeandRoomtobeannouncedbyteamnumber. - QUARTERFINALS Fri. Oct 25 6:30-B:3opm SEMI-FINALS Sat. Oct. 26 11am FINALS October 16,1991 The Opinion 11 �I BAR REVIEW ENROLLMENT) / DISCOUNT W / ■ A $230 DISCOUNT oil the $1325 bar review course (union. (Your tuition: ■ The Gilbert Multlslale Diagnostic Clinic FREE. (Regular BAR/BRI student tuition $95.) ■ The Arthur Miller CPLR Mini-Review $1095) ■ The New York Essay Advantage FREE. (Regular BAR/BRI student tuition $175.) jBC HC •Bβ *B* *B* *c* Jβ* •?* ' When you register lor the BAR/BRI New York bar review course. You receive: Be I & fce-ye FREE. (Regular BAR/BRI student tuition $75.) •?* fi4ff fffV/FW MPRE COURSE LOCATION INFORMATION ALBANY LAW SCHOOL BRIDGEPORT LAW SCHOOL - 001 Sffi^.l^^JSl CUNY LAW SCHOOL HOFSTRA LAW SCHOOL MANHATTAN Sat., 11/2 Sun., 11/3 _ fat. Sat.. # 01 Hif2WJA^^SSS WNEC LAW SCHOOL " YALE LAW SCHOOL 9AM-IPM 1 0AM " 2PM East Wmg Room 14 Room 10β Room 135 Room 308 Ramada Hotel at Madison Square Garden BAR/BRI Office BAR/BRI Office BAR/BRI Office BAR/BRI Office mw, Preston Hall-Room 401 °° Room 108 Room 202 Brooks Had 8217 Knfcht Haß-Room 115 10AM-2PM Room 126 --- 10AM-2PM 10:30AM 2:30 PM 11AM 3PM 11 /2 Wed.. 10/30 6:3OPM 10:30PM A Sun.. 10/27 UVE 11AM 3PM - B-Sun.. 11/3 PACE LAW SCHOOL RUTGERS LAW SCHOOL SETON HALL LAW SCHOOL SYRACUSE LAW SCHOOL TOURO LAW SCHOOL 9AM -IPM C Thurs., 11/7 D-Sat., 11/9 E Tues., 11/12 Sat., 11/2 Sat.. 11/2 Sun.. 11/3 Thurs.. 11/7 Sun.. 11/3 !*•• 11/3 Sun.. IV& Sat.. 11/9 - - 11AM-3PM 6PM 10PM 11AM -3PM 6PM 10PM 10AM 2PM IPM-SPM 11AM-3PM SPM 9PM - - - 10AM 2PM Room A � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-10-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/16/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e480a759662200b1782e537b9b903828.pdf d9edce68fcf869b81b761c3878c49cc7 PDF Text Text Volume 32, No. 4 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW War Correspondent Speaks at U.B. by SrikantRamaswami, NewsEditor Heisashortmaninhismid-50's. He is ahousehold name. He hates war, yet covers it. He hasmanyadmirers, yet antagonizes some. To understand this complex interplay of notions is to meet Peter Arnett; a man who is willing to risk his life so he can get another story. On September 2 5,1991,UB students an had opportunityto meetPeterArnett. Aman who has covered topics as vast as the illegal dumping of toxic waste to the blizzards of Buffalo to the superwars in El Salvador, Vietnam, Nicaragua,Afghanistan, and Iraq. Arnettentitled his speech "Baghdad and TheFirst Amendment. "He discussed the censorship ofthepress duringthe gulfwarand addressed the criticismhereceived forcovering the Iraqi crisis. Thus, Arnett talkedabout threats to hisreporting, including deaththreats towards his family. Ironically, many ofthese deaththreats were signed "sincerely." Arnett even heard that an elderly woman had complained about how her houseplants had died duringoneofhisbroadcasts! Arnett also statedthat''the firstamendment didsurvive the gulfwar. The firstamendment is a uniquely Americanlaw thatcarried the ideal of the Magna Carta to its ultimate interpretation. The British, however, are less generous with free speech. Elsewhere in the free worldthe media is controlled by government or ideological shackles. But then came Baghdad and CNN'srole in the gulfwar, with the emergence ofanew force ofinformation and an unexpectedly vastaudience. The American ideal ofmass communication was beginning to sweep the world.'' PeterArnett, a CNN warcorrespondent, was thefirst speaker in ÜB's Distinguished Speakers Series, Arnett says he developed some amiable ties in Baghdad with members of the government He spoke onconditions at the Al Rashid with no water or electricity. Arnett denied he was Saddam 'spuppetsaying that if he had agreed to allrestrictions, those charges against him would have been valid. Arnett gave examples ofhis informativereporting giventhe censorship in Iraq. For Arnett stated that' 'CNN is having a example, he could not talkabout target locadramatic impacton theworld. 54% ofaIIU.S. tions. Thus, on his typewriter, Arnetttalked homeshaveCNN. Every home inBelgium has about a visit to a residential area in Baghdad it. 3/4ths ofall Sweden and Switzerland watch thathad been bombed. TheIraqi Government CNN. 190miDionhomesinEuropehaveCNN. crossed out Arnett's description of area apIts unique brand of broadcasting is a great proaches tothe bridge and hewas notallowed attraction." In a survey ofEurope during the to specify thelocation ofthe target. But despite gulf war only 15 percent ofthe people were these difficulties, Arnett states that he still aware ofCNN. This number has risen to 85 found it possible to communicate. Thus, in a percent becauseofthegulf war."CNN thinks questionand answer sessionwithCNN, one of less like Americans and morelike citizens of theanchors said to Arnett:" I know you can't the world,'' said Arnett.This is probably why talk about this, but is there much military CNN was allowed to stay in Iraq and cover the traffic on road to Basra? The allies say the war. bombinghasstopped-whathashappened?'' Arnett responded:' 'There is much traffic onroad andnot muchofitis civilian!"The nextquestionaskedofArnettwas:"arethe Iraqis moving anti-aircraft gunsto civilian areas to escape bombing? Arnett'sresponse was:" ifl weretotell youwhat I know about thattopic,l'dbepulledofftheair!" Arnett statesthat inIraq hecould sense thefrustrationofthe average Iraqi and thefrustration withthe Iraqi government. "Baghdad has become THE most inaccessible national capital," said Arnett. Arnett was asked some specific questions. How did he view Saddam Hussein? "The camera doesn't lie so I viewed him the way those who saw the interview onT.V. would view him. Buthe blinkedalot!!" He wasalso asked howthe GulfWarwas differentfrom otherwarshe hadcovered. Herespondedthatcensorship October 1,1991 Girth Honored by Women's Bar by Nicole Moss On the evening ofSeptember 25,the Women's Bar Association gathered as friends at the Rich Atrium on One West Ferry Streetto honor MarjorieGirth'spast achievementsasaProfessorofLawandas arenowned legal scholar,and to celebrate her recent acceptance of the position of DeanatGeorgiaStateUniversity. Among the guestspeakers were the HonorableJustice M. Dolores Denman and the Honorable JusticeSamuel L. Green, both ofthe New YorkState Supreme Court Appellate Division, Fourth Department, andthe Dean of UB Law School David Filvaroff. NineUß law students were present for the event. Although Professor Girthallegedly cautioned Justice Denmantokeepherpraisc brief, the Justice admitted that she was humbledafterreading Girth'sconsiderable vita. Labling theProfessoras the "unflappable Marjorie Girth," Justice Denman told theaudience about the streaker whoran (apparently very slowly) throughProfessor Girth'sclassroom one day in 1970. ProfessorGirth, composureunshaken,simply continued her lecture. JusticeGreen was lesssureofProfessor Girth's unflappability. He explained that last year, when both heand Professor Girth were teaching at Emory University Law School, Professor Girth invited him on a tour ofAtlanta. After a little while in the car, it seemed as though the two were lost, driving in asuspicious neighborhood withoutamap. JusticeGreen took this opportunityto helpProfessor Girth feel more secure in hernew hometown,and presented toher a AAA map ofGeorgia. When Professor Girthtookthe podium, she assured Justice Greenthat hewas saferthanhe thought; she wouldn'tlet anything happen to them. Girth went on to explain that she enjoyed her time at theUniversity ofBuffalo, and that part ofthe reason she liked Georgia State wasthatthediversity among the studentsand facultythere reminded her ofUB Law School. Among her last words wasan assurance thatshe wouldcome back and visit. continued on page 5 Discriminatory Recruiters Barred from Law School by Jdinß. Licata, Editor-in-Chief Recently, die Lesbian and Gay Law StudentOrganization (LGLSO) and the Na- tionalLawyer's Guild(NLG) securedavictory in theirlegal action against SUNY-Buffalo. On September 19,1991 SUNY-Buffalo was orderedby Mitchell Netburn ofthe New York State Governor's Office ofLesbian and Gay Concerns ofthe StateDivision ofHuman Rights not to use state funds insupport ofon-campus military recruitment. The order was based upon GovernorCuomo'sExecutive Order2 8.1 prohibiting state agencies from using sexual orientation as a disriminatory tool. "This represents amajor victoryfor thelesbian and gay law students here at ÜB. The military policy onhomosexuality is underattack from awidespreadcoalition o fpeopleand organizations. Weare verypleased withthe outcome and wouldhope thatthis sendsa message tothe Pentagon, that it is time to abandon their bigoted policies against gays and lesbians," said Terri Mayo ofLGLSO. The issue has become politically delicate for Governor ernorhas nopower understate law to make this private firms. Cuomo as theRepublican Party has interpreted kind of decision." The Sunday New York The complaintwas filed on October 11; theorder as an affront to thearmedforces and Times (Sec. A, p.40, Sep. 22, 1991) cited 1991 underthenameofJaneDoeandcitesthe the United States. GovernorCounse 1 Elizabeth Mooreas another Judge Advocate General's Corps (JAG) reTwo days later, the New York Post aidereversing positionforthegovernor. Moore cruiting tactics as discriminatory and inviolacarried a story entitled "Military Recruiting asserted the order was unenforceable since it tionof E.0.28.1 by using thestateuniversity's Ban KO'd in Gay Flap" (p. 5, Sep. 21,1991) contradicted existing state educational law Career Development Office (CDO) for job quotingCuomo aide AnnCrowley:"The gov- allowing themilitary equalrecruiting rights as recruitment. Use of the CDO, and not the legality ofthe armedforces policy, is theprime issue in the complaint. The armed forces are allowed by federal law to discriminate based on sexual orientation. Part ofthe legal battle over the E.O. 28.1 concerns the meaning of ' 'provisionofservicesorbenefitsby suchState HispanicHeritage Week... 3 agency ordepartment." (LGLSO complaint at p. 4). SUNY contends thatitis onlyproviding Pictures Galore... 6-7 access to its CDO while the complainant stresses that JAGreceives services and benSports???... 9 efitsasarecruiterfromtheCDO. Theinterpretation ofthis sentence is central in the complaint and in the order handed down by Mr. Immigration Volunteers Needed... 10 Netburn whofound that using theCDO was the continued onpage 8 HIGHLIGHTS �— " PTF PF R The Bar Course That CarefeS^^^^^fl For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 The Opinion Tuesday, October 1, 1991 2 • Telephone: (516) 747-4311 aa» �Sri Lankan Law Professor Visits UB Law School Professor V.T. Thamil Maran, a Sri Lankan Scholar and humanrights activisthas cometoourLaw SchoolasaVisiting Scholar. Professor Maran.aseniormemberoftheStaff LawStudents eagerly lineup totaste LatinAmerican foodsprovidedby LALSA LALSA CELEBRATES HISPANIC HERITAGEWEEK . byPablo Marchona Que pasa amigos?. In other words what'shappening?. I shouldreally say whathas happened or " que ha pasado? " Well last week (Sept. 23-27,) the Latin American Law Student Association held its annual Hispanic Heritage Week. Thearray ofeventsincluded movies withLatin Americanrelated themes, a food, arts and crafts festival, and a panel discussion onLatinAmericaandLatin Americans in the United States. Themovies"Romero",''Womenon theVergeofaNervousBreakdown", "ATale ofO",and "The Mission", wereall shownnot only as free entertainment, but to displaybefore the student body issues and concerns of Latin American people. Thehighlightoftheweekhowever, took part on Wednesday in the second floor corridorofO'BrianHall.lfyouwereinthelaw school at noon, you would have smelled the food allthe way up to the fifthfloor. Indeed it was the persuasiveness of Spanish stylecooking thatmanaged to create a line of students severalyards long in frontofthe tinyfood stand . next to the mail room. Behind it were busy LALSA members servinga selected group of dishesbuffet style, toravenous law students. Unfortunately due toanunexpected large turnout, somehungry studentswereunable to enjoy those tasty tidbits. One ofthe unlucky was professor JanetLindgreen whomanagedtoget on line fifteen minutes before a meeting. LALSA heartily apologizes to these people but as that useful cliche goes, first come first served amigos. For those lucky enoughto enjoy the food and for the unfortunate ones as well, LALSA has compiled a cookbook withregional dishes from virtually allLatin American countries. So ifyou really want to taste a bit ofLatin America and can follow simple instructions, the cookbook will be a worthwhile investment. If interested drop by the LALSA officeRoom 113O'Brian. Directly in front ofthe library at the sametime on Wednesday, another set up displayed variouswoodand ceramic items crafted continued onpage 8 goodnumberof internationalconferences on Public International Law. Since the protection ofminorityrights is a practical necessity as it is intimately linked to the political dilemmas ofourtimes, he argues, whatever the study ofthis issue, it should involve a deep analysis of the total political, social,and economic patterns ofthe states concerned. In this respect, he is very critical about the role ofthe UN since the HumanRights Commissionhas beenreluctant even to agree on a definition of''Minority although gooddefinitions have been proposed byProfessorCapotortiandomers. Professor Maranthinks that the UN hasbeen deliberately avoidingtaking any serious steps towards minorityconcerns until veryrecent times. He is very happy about theroleplayed by theU.S. in activating the UN to act positively in the case ofminoritykurds in Iraq. Professor Maran would like to completehisresearch here withsome suggestions on the ways to improve knowledge, understanding and information onminority issues. Healso emphasizes thatindividualrights and minority rights are not obtainable in most Professor V. T. Thamil Maran instances without political self-determination.As such, he will be collecting materials oftheFaculty ofLaw, University ofColombo to prove that internal self-determination is a in SriLanka hasdonean extensiveresearch on right of the minorities and this MinorityRights and thirdworld perspectives legitimate berecognized as a norm ofcustomary should onhuman rights. As a wellknowntrade unioninternational lawkeeping inpar withwiththe ist,heworks closely withanumber ofNGOS rightofde-colonization. inSriLanka whicharecommitted to the values He will be pleased to have discussion ofhuman rights and liberal democracy. As a on theabove issues with those whoare intertamil, a minority ethnic community in Sri ested in thesame field ofstudy. His officeroom Lanka, he is interested in doingresearch inthe is424,o'Brian Hall, NorthCampus, Te1:636law school on minorityrights and self-determi-2381 nation issues. He has already participated in a R & W UPDATE RESEARCHINGTHE STORY AND WRIT NG THE TRUTH by Kevin P. Collins The Research and Wrung course forfirst year students had already undergone many changes before thefirst year studentsarrived hereatU.B. Adistinctlevelofuncertaintyand secrecy over what occurred, and about the course in general, has permeated the atmosphereofthelaw school throughoutthe semesterthusfar. For those unfamiliarwithhow the course is being administered this year, Research and Writing will be woven around the Fall semester courses. The course will meet once a week, for eight weeks, in an "open meeting " fora section, or sometimesin one of the other courses. The basics being taught include thinking about the legal writings of others,identifying the pieces from whichlawyers craft legal arguments, and finding these pieces in thelaw library. In the Spring, itwill move on to questions ofresearch strategy, turning fromthe legal writingsofotherstothe students' ownwritings. In the Fall semester, Professor Janet Lindgren is teaching the course to the entire first year class. The course is interrelated to other courses being taught and will be very similarforallfirstyearstudents. In the Spring semester, the course will be taught to much smallerclasses by one often or elevenfaculty members. It will be a separate course tied to another Springsemester course taught by the same faculty member. It will be a program in which the subjectsand assignments will vary sigmficantlyamongthetenorsosections. The underlying expectation is that students will learn to do legal research and legal writing imaginatively, effectively and efficiently, however, the course is worth no credits this semester. The course metforthe firsttimethis semester in the middle of September. It is to be eight weekslong, basically shaping upinto four classes on writing and four classes on research, one each on statutes, regulations, cases, and secondary and updating sources. An alarming numberoflaw students of all yearsare extremelyconcerned over howthe course is currently organized, believing that they are being negatively affected on all levels. At the first year level, students feel they are not receiving as strong a background in research and writing as they might like and need. This will in turn hurt them in theirnext two years ofstudy, in their summer employ- ment, and in the job marketafter graduation. Second and third year students see the effects of no teaching assistantpositions and fewer seminarsand courses beingoffered as professorshavetovolunteertoteachSpringSemester Research and Writing. Graduates, past and future, face the possibility ofthe law school's strong reputation being diminished, and of their degree losing some value in today's increasingly competitive job market. There is the furthermention ofpossible AmericanBar Association(A.B.A.) accreditation trouble,but this isaveryremote possibilityand an unlikely development. In dealingwiththeirconcerns, anumber offirstyear students met with Dean Filvaroff early in the semester and werereassured about the course and its objectives. The Dean expressed his appreciation of the students' involvement withthe school and their courses. They subsequently metwithProfessorLindgren, whoalsoalleviated some oftheirconcerns and spoke onthecourse and its objectives, yet these students were not totally satisfied, nor were theirconcerns wholly diminished. In addition to a growing uncertainty over the course in general, ithas beenrumored thatno professor has volunteered to teach the course next semester. I personally spoke with Professor Lindgren on two separate occasions. I asked how, if at all, the course as it now exists is differentfrom the pastand, ifso, why. Forthe answer,lwasreferredtoProfessorolsen. With regard to how the course compares to similar courses at otherlaw schools, we did not go very far into this topic. As far as information concerning thecourse nextsemester, I was told tocontact Deans Filvaroffandßoyer. Professor Lindgren stated that she was now shifting from talkingabout the course to actually do ing the course. She wasresponsive whenasked if teaching the whole first year body of 250 students was too great aburden to carry, either alone or in addition to her other courses and responsibilities. She stated that it was indeed a heavy task, but nevertheless one that she is abletodoandeagertocarryout. Many firstyear students who arestrongly concerned about this issue do notblame iton Pro fessorLindgren pose, butrather are worriedabout the situation in general. Professor Lindgren is deserving, as is everyone, ofour respect and ofbeing given a fairchance. Furthermore, students are aware of the financial difficulties with the State budget in Albany, and theresulting ramifications in the University budget. However, the one area in alaw school thatbudget constraints and cutbacks should not affect is that ofthe Researchand WritingProgram. Nevertheless, students are aware that the situationexists, of whois involved, and they want something to be done in the very near future. To this end, some first year students wanted to start a petition to hold a general meeting between the Dean, the administration,the faculty and the studentbody regarding the Research and Writing Course. These students came to me, as a firstyear Class Director, and all ofus, inrum, met withthe StudentBar Association(S.B. A.) President, Brian Madrazo. Itwas decidedthat, inaneffortto work amiably with the system, they would hold offwiththe petitionand thatthe S.B.A. would voteon the motion to moderate a general meeting. The S. B .A. Research and Writing Committee(Ron Coslick, Michael Fallon, Marc Hirschfield, Nydia Menendez, Subrata Paul, Nicole Rademan, and Michelle Wildrube) reported that they had a two hour meeting with Dean Boyer,and thathereassured themofthe course's contentandobjectives. Dean Boyer's meeting withthe Committee was ofa two-part focus. The first focus was that the Research and Writing Courseisaprogrambeingreshaped for the next couple ofyears in order to be a model program for the years to come. The second focus was that current students are not just experimental students, but rather that they shouldhave a meaningful course experience. Dean Boyer was told ofthe possible petition and generalmeeting, and he responded that he was aware ofthe students' concerns. To this end, he stated tht he did not want a general meeting, but instead he wanted to meet with each first year section separately sometime in the next few weeks in order to hold an informativequestionand answer session. Furthermore, a 3L Class Director reportedatthe S.B.A. meeting thatinvestigative effortslastyearwith the ABA. and otherlaw schools showed that U.B. will not be up for reaccreditation for another three to four years, thusthe A.B A. will not investigate untilthen, unlessthereisagreatdemandformemtodoso. The Director reported that, comparatively speaking, theResearchandWriting programat U.B. in the past was of equal, if not slightly higher, stature to programs at other schools. The Research and Writing Committee is also presently evaluating thecurrentU.B. Program, as wellas writing and callingotherlaw schools and their student governments to compare programs. Itwas further noted at the meeting that a number ofalumnae are aware ofthis situation, are concerned overit, and may be a source to belooked to for help in thefuture. The S. B. A. thendecided to postpone voting about the general meeting for one week so that the Board can deliberate on this issue. Therefore, this Thursday, October 3, the S.B.A. will vote on the motion to moderate a general meeting over the Research and Writing Course. The Opinion welcomes all comments on this initial issuefrom either the administration, the faculty, thestudentbody or any alumnae. Tuesday, October 1, 1991 TheOpinion 3 �OPINION Volume 32, No. 4 &$S* October I, 1991 EDITQRIAL B()ARD Editor-In-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson VitO Roman Michael Radjavitch ( ontributors: Nicole Moss; NatalieLesh; Brian Madrazo; Kevin P. Collins; Jon Garde; Pablo Marchano; AngelaGott; PaulRoalsvig; Bill Kennedy. EDITORIAL This is the Age ofInformation. As both students and future attorneys we depend upon a maximum exchange ofinformationto synthesize andanalyze problems covering the spectrum ofhuman existence. For students that means a variety ofdocuments are placed in mailboxes with no security otherthan the integrity ofthe students who use the mailroom. Each student has a role in providing information to peers and the basic duty not to impede communication between colleagues. However, even thatresponsibility has proven 100 much for some ofUB Law Students toaccept. Ourlaw school mailroom has repeatedly been the site ofstudents denying each other access to information in a self- destructivedisplayofdecei* Thenoticeson the LALSA andßLSAbulletinboardwere Is the simplicity ofremoving a slip ofpaper from a fellow student's mailbox too much ofatemptation to over zealous competitors and students holding a grudge? Thislevel oftheft is easilyrationalized and trivialized in thethiefsmind when he/shecan point to moral turpitudeby othersthat dwarf his/her own level oftreachery. That these students will someday take an exam based upon ethical behavior is the vast irony ofthe whole problem. Last semester a newspaper article, acomputer disk and an editorial cartoon were stolenfrom The Opinion mailbox. All thefts occurred on separate occasionsand eachhad a chilling effectuponthe use ofthe mailbox forcommunication among students. Other studentgroups have had theirnotices removed from members' mailboxes duringthis semester. The majority ofinter-student communication in this school rests predominantly upon mailbox notices among students. Thieves in the mailroom have upset this balance by betraying the trust oftheir fellow classmates. Several victimshave complained to theRegistrar and Public Safety concerning this issue, but there is no feasible alternative to trusting law students. Regrettably, that is swiftly becoming arisk amongst future officers ofour judicial system. torn down in a singularly mindless display ofviciousness. CCaprngm IWI. Th. Oonon. SBA Any reproduction or rrmnak hrntn ■ mary prohtxwa withou th.uprw conamotth. Efltoa Tha Opinon puotthea mry nvo wm*i during *w tctDamc yiwar nitth. (UKMnt al th. Sis* Unkwnfty o*N«wYort>«Bufl.loSctioolo(L«w.SUNYAßAmh«»lCJirrput,Bufl«lo.N«.Yo-i1 M260 Thl minimi Hi IHH W n m not rwoMuriy .ho*.o< tna ErMonu Board or Stall <X Th. Opman Th.Opinian ia non-proU organism,third-efcupo«ao» •ewe v Buffalo. NY Th. Optnon lundrt by ma SBA fromStuo»it iiw Fm « I . I .nan kmgnlhanltira. Wrt OotiMtmcmaifQmimrraDttcoii—O PIMMdo notouranythingyouw.hprlnl.dunctocvroflic.door. All•übrnuuntihouM t>ao»ac«Winlaw»ct*x>lrn.»x>i.»*43orSl2t>YtrwdMO»n.daie Th. Opinion otto. 724 O'Brian DRisablty ights Deadly lor the writer am Study Conducted byAngelaGott Dana Schulman, athirdyear law student, is currently working ona study to learn about employers' hiringpractices toward people who usewheelchairs orwhoare learning disabled. I found out about this study from Toby Schoelkopf who is the administratorofthe Disability Services Office located in 272 Capen Hall. Dana and two professors atUB are interested in improving thelives ofpeoplewho havedisabilities. They wish to learn whatactually goes on inourBuffalo/Erie County community. Dana is seeking individuals able to volunteeracouple ofhours oftime tomeet withherand the professors to shareyourexperiences. She wants to find outyour experiences inseeking employment - both positiveandnegative experiences. Danacan bereached at 691 -0170 and has an answering machine and willget back to you. I fyou are not sure that you want to participate and wouldfirstlike to hear more about her study, she will be happy to discuss it. Please call her. For those law students with disabilities, physical or hidden, such as specific learning disabilities or arthritis or hearing impaired, whoare notaware oftheDisabilities Services Office over inCapen, you all should really gooverand getto know the greatandfriendly peoplethere and learn about the services theyprovide to all studentsat SUN Y/Buffalo. Unless you make the tripoverand let Toby Schoellkop fknow youexist, you will not get any oftheir mailingsor learn about what you are entitled to at this University. Alll can say, is that her office has helped me in anumberofway s and I urgeall students with Special Needs, to go' 'check it out.'' This is what Club 504 is all about, to make sure that students find out the information, sothatthey can help themselves and protect their interests. Also, all able bodied students outthere who do notcurrentlyregard themselves as disabled-you might find yourselfwitha broken leg from a ski trip -Toby's officeassists students who find themselves temporarily disabled due to accidents. Soall students shouldkeep heroffice mmmd and beaware ofwhat they are there to provide even on a temporary basis. My phoneB32-3581/machme and Box 394 are alwaysavailable ifany student wishesto contact meabout any Disability Rights Concerns orquestions. SASU has a Disability Rights Caucus and I will be monitoring this for Club 504 Newsand now that I am the ABA bason to SB A anew SBA committee position, Iwill be sharing any ABA matters pertainingto Disability Rights withOpinion Readers also. I am really interested in finding afirst or second year law student to take overClub 504 matters since I am supposed to graduate in December, so ifthere is anyone interested, please contact me. - Submissions forThe Opinion shouldbe typed and double-spaced oron IBM compatible diskofeither 3.5" or 5.25" format, using any ofthe following programs: MicrosoftWord,MS WmdowsWritey\SCntext,MultiMate, WindowsWord,WordPerfect4.2/5.1,0r Wordstar. and rjuwdt Letters to the Editor To the Editor: In response to Hans' Tirpak's letterrelating his hurt feelings at being characterized as a "white boy": it's agood thing he is because his skin appears too thin to take any ofthe comments he inevitably would be subject to were he anything else. In addition, I wouldinvite him to inquire ofother groups inthis law school as to thevarious formsofdefacement they have found on theirofficedoors. Withoutcondoning unwantedgraffiti, I believe he wouldrealize that the sticker (for National Coming OutDay) on The Federalists door is about as innocuous a statement as can be imagined, and while it may have upset his aesthetic sensibilities, it at least did not threaten harm to his person. Sincerely, NOW IT'S UP TO YOU The campaigns are over. The choice is yours. On November 5, elections will be held across New York State for: Mayors County Executives County Legislatures • • • City Councils Town Boards Other Local Offices Gretchen Stork To the Editor: The U.B. I aw School grading policy is a sham ÜB's I I/O/> grading system was originally instituted to avoidthe stress and competition which the traditional A/B/C/D grading policy causes. The "Q'' graderange, covering thetraditional" B' '&' 'C' grades, was intended to alleviate the grade competition, as the Grade Key Explanation which accompanies school transcripts explains. Ascvidcnccd by the Spring 1991 gradeassignments, theA/B/C/D systemhas merely been replaced by an 11'0*/Q/Dpolicy. While 399Q*gradesgivenoutasignificantnumberofother gradevariations were assigned. (15II*, 4 H-, 32 Q-, 3 D*). While I personally preferthe H/Q/ I) scheme overA/B/( 71) systems, it appears that our present grading policy is moreakin to the latter scheme than the f< >rmcr. The prevalence ofthe 0* and other variant gradesclearly show that ( Hi's 11/O/D system is a myth. I came to! IB I .aw School in search ofa' 'different kind ofatmosphere: one wheregrades were not of utmost importance; where the influence of people of varying race, sex, age and abilities was an important ingredient in the school'sculture;and whererigid think ingofanykind would be challenged. As the semesters pass, the unique characteristics ofthis school become more difficult to observe. The mythical H/O/D gradingpolicy is justone more exampleofUß I aw students being promised a unique service yet being provided withan inferioralternative. Sincerely, Erin Wolfe 3L TheOpinion Tuesday, October 1, 1991 4 not sure of your voting place, call your County Board of Elections. * If you're ¥ \bu're X Right To PAj^ote. VOTE ELECTION DAY TUESDAY, NOVEMBER 5 6 AM 9 PM - �DANY IFFERENCE? by 3«.- UIIUTTY' McPHERSON! by Darryl McPherson 100167satquietly in herroom,strainingto hearanysound. Shecouldn'tsleep,and sensed that something was happening inthe ÜBL Installation. Her imagination soared as shetried to figure outwhatwouldbedifferent inthemorning. Shehopedthey werepainting the cafeteria, ormayberemoving the shades from thewindows. It would be interesting to see sunlight again. Afterher usual morning routine, she reached her workstation with no changes in sight. Otherworkersalso arrived andshe saw no new faces. 121066 smiled lightly and nodded a greeting. Before 100167 could respond, the intercom signalledanincoming message. "Therewillbeaninspectionbythe new Commandant in one hour. Efficiency mustbe maintained duringthattime. There willbe no stoppage.'' The work whistleblew and everyone began their tasks. A new Commandant? That was certainly different. She wondered what happened to the old one. He seemed all right when she saw himyesterday. Thenitquickly occurred to herthat someone elsewas missing- 100666. Considering that he, of all people, was never late or sick, something mustreaUybewrongforhimtobeabsent. Not even062567knew wherehewas. Something inside her toId her that it had something to do with the new Commandant. Just what ex- Features Editor '' Eating a chocolate bar. Here, have one." '' How didyou get these?'' "They were just here. Have you checked yourroom? Maybe there's something thereforyoutoo.'' 100167 wentto herroomas quicklyas she could without attracting attention to herself. She wentinside and found nothing. Sheheard asoundbehindher;someone came inside. " 100666,wherehaveyou been?" "It's along story, too long actually. For now, let's just say I've been able to effectuate some change aroundhere.'' "What'sgoingon?" ''I used toknow thenewCommandant. We both were officers at the BSC Installation. She was transferred, while I eventually fell from grace and ended up here. She's grantingnew privileges for everyone.'' "Andyou?" "I'mjustprivileged. Ihaveavirtual freerein,andthatextends to my friends. You needn'tworryaboutmescheduleoranything else ever again. I can take care of you and keep all ofthoseconcerns away.'' '' 100666,did it everoccur to you that Imightnotwanttobetakencareof?When- ever I get out ofthis place, I want to do it myself. I want to earn theright to beable to turn my back onall ofthis, tomake decisions actly, remained amystery. for myself." TheCommandant walked amongthem 100666shookhishead. "Inhere.you silently and slowly. She lingered overeveryhave no rights. Everything about you is one she passed, almost as ifshe were looking granted by the powers ofthe Installation. forsomethingorsomeoneinparticular. OcThey determine whenyou eat, sleep, live, casionally, shewouldask a question, nod, and and die. You saw what happened when continue onher way. She made it to 100167 122144 tried to declare her human rights. and asked, "Wereyoueverapartofthe BSC They destroyedher. And021563 has totally Installation?" losthisspiritforresisting. Idon'twanttosee "No, this is my first posting," she that happen to'you." Enjoy what they give answered promptly in the proper tone. you" TheCommandantnoddedand wenton "But Iaspireto more thanthat. I'mnot to 041659. She presented the samequestion justanumber,l'mahumanbeing. Therehas toher.butgotadifferentanswer. "Yes, I left to be more to life thanwhatever privileges two yearsago." The Commandant seemed I'm granted, I can feel it.'' to make a mental noteofthefact and went on "I admire your sentiments, 100167, herway. 100167and0416591ookedateach but you should face the facts. There's no other,but neitherknew what that wasabout. difference between rights and privileges. 100167didrecalLhowever,thatloo666 served Both are whatthe Installation say they are. in the BSC Installation. We can wishand we can try, but in the end, After the work period, the intercom our destiny is decided by theInstallation.'' sounded again. ' 'The hours immediately "I'llneversurrendermydestiny. I'll following the dinner periodare now desig- always havethe desire tochange it, ifnotthe nated as free hours.You willbeable tomove physical power. That is myrightand it can't about all unrestricted areas of the facility be takenfrom me. I could give it up,but that wimoutpermissionofyourSectionManager. wouldbemychoicetoo. You'reinaunique Activitiesare still available, ifdesired. The position, 100666. Useittohelpusregainour free hours will end at the beginning ofthe powertochangeourdestinies. Getusrights, sleep time." real rights. Privileges are nice, but they're Anotherinteresting development. Presuperficial." viously, the timehad been filled with struc"That'saskingalot. Thewholesystured activities or instructional periods. tem would have to be changed, not justthe Though 100167regularly wentto a historical conditions in one Installation.'' lecture series, today shedecided to explore. "It'sastart," said 100167. She foundo4l6s9'sroom, where thewoman "Let'sdoit." sat preoccupied by something. ' 'What are TO BE CONTINUED AT A LATER you doing?"asked 100167. byErin Theassociation ofWomen Law Stuseeks to unite the women and (AWLS) dents the men ofthe U.B. Law School to provide alternative forums for enhancing the intellectual and educationalneedsofthestudentpopulace. We aim to provide at atmosphere that encourages and fosters a supportive network for the women ofU.B. Law School and the greater community in which we exist,. throughout a variety of activities, AWLS attempts to educate thestudentbodyon topicsaffecting women. Wealsoworkwiththe students and the community to protect and enhancewomen'srights. Theeducational and by NatalieLesh Sometimes I am shocked by what I let myself gettalkedinto doing. This is definitely one ofthosetimes! I have managed to sentence myself to a semester, perhaps even toa year,of covering the Student Bar Association meetings for The Opinion. Well, they say that someone has to do it... Myfirst S.B.A. meeting wasan interesting and enlightening experience, to say the least. The very least. As someone with a background instudent government, I was preparedforan orderly yet light-hearted meeting. I could not have been more wrong! Instead, whattook place wasa heated, intensely political, ugly struggle for control. It seemed that moretime wasspent arguing about the procedural aspects ofthe meeting than was spent discussing the merits of any of the issues presented. I was assured later, however, that mostofthis was in goodfun, and thatafterafew meetings everyone would settle down and things would improve. While I am notsure, in light oftheinitial display,that I really believe this, I amgiving them the benefit ofthedoubt. Oneofthemorenewsworthyitems from the last two meetings is the recognition ofa group which will beputting together an alternativelaw journal,called Circles. The journal will focus on women' sissues, and will be less formal thantraditionallaw journals. Itwillbe an innovative, scholarly endeavor, and will include articles, poetry, and cartoons. While everyone seemed to agreethat therewasaneed for ajournal like Circles at UB Law, there was some disagreement as to its funding. Some of the Directors felt that $150, the usual new groupallocation, was sufficient, buta motion passed grantingCircJssabudgetofs2so. (Incidentally, this amount is one quarter ofthe S.B.A.'s unallocated reserve for the fall semester.) Another itemwhichdeserves mention is that the Baird Point Volunteer Ambulance Corps came to the S.B.A. to request funding, in order to stay in operation. Apparently, the response time ofthis ambulance to campus emergencies is about two minutes, whereas the off-campus ambulance response time is about seven minutes. Baird Point is already funded by the S.B.A. through Sub-Board One, whose function, to be completely honest, I do not yet understand. Some ofthe Directors, while acknowledging that five minutes may mean life or death, felt that, since any bills incurred by a student using an off-campus servicewould bepaidby our mandatory health insurance, the S. B.A. could notafford to allocate any more money to Baird Point. However, a motion granting them $ 100was passed. Actually, this job is not as bad as it seems. I am definitely learning moreabout the way things work at UB in general, and at UB Law in particular. And, by theend ofthe year, I should be qualified as an expert in Robert's Rules ofOrder! War Correspondent Speaks at UB continuedfrompage I was in place, but forthe most part he tried to rently working on a book. A final question report what he saw.When asked ifhe planned probed whyhe hadreported thatthe baby milk to cover the situation inYugoslavia givenhis factory that hadbeen bombed was not really a biological weaponsplant, buta milk factory? interest in being where the story is, he mentioned that this was unlikely since he is cur- "Hisresponse wasnebulous. DATE Association of Women Wolfe Student Impression of an SBA Meeting Law Studentsr social programs which the association spon- sors include: - ammentoringprogram with practicing attorneys through theWomen' ss Bar Associa- tion called "The AWLS Connection." -a Ist-Years' assistance programwhich teams 1st-year students with upper-class studentscalled theAdopt-a-1 st Yearprogram. - a Brown Bag Lunch series. - Pro-Choice activities. National Women's History Month activities. Rape Awareness activities. clothing drivesfor domestic violence -- They're "AWL" over the place! and homeless shelters in the area. The first [luncheon] scheduled for Membership in tne Association of October 1Oth, willfocus onCriminal Practice. women Law students is opento the entire U. B. Candance Vogel, an Assistant District AttorLaw School population. We welcome your neyand JulieDee, acriminal lawattorney will participation and hope to see you at our next present theprosecution and defense perspecmeeting! tives in the area ofcriminallaw. OnNovember The Western New York Chapter 7th, Carol Condon, ofMoriarityand Condon, Women'sßarAssociationofthe State ofNew will discuss various aspects ofMatrimonial Yorkannounces its fallluncheon series. and Family Law Practice. New to its agenda this year is the The Practical Skills Series is free Practical Skills Series, designed for law stu- with a brownbag format and willtake p lace dents, new admittees or more experienced from 12:30 to l:3op.m.in the 4th floor Jury attorneys with an interest in an unfamiliararea Room oftheBuffalo City Court. ofthe law. Tuesday, October 1, 1991 The Opinion 5 �PICTURE Moments to Remember: the SBA Party 1991 (Glory Days, Forever Young, Etc.) 6 TheOpinion Tuesday, October 1,1991 �PAGES Fall Fest: Oodles of Fun and Rasta, Mahn! Tuesday, October 1, 1991 TheOpinion 7 �From the Desk of the President Committee to develop a student response to this continuing issue which will be taken before the faculty in October. Finally SBA voted tohosta September Celebration Party at Mulligans Nightclub on Hertel on September26,1991. Beerand wings wereprovided andapproximately two hundred September 26,1991 fifty people attended. Everyone seemed to by Brian Madrazo enjoy themselves and when I left many law SBA has had a very busy two weeks. schoolfolkwere dancingupa storm. Look for During our meeting on September 19,1991 the second SBA party around Halloween as SBA confirmed thecommitteeappointments wellas a smaller event inthe middle ofOctoofthe faculty-student committee representaber. tives. Those names are posted in themailroom SEPTEMBER26,I99I MEETING and in the glass case in front o fthe SBA office Duringourlast meeting I congratulated Room 101 O'Brian Hall. They are also reLALSA for avery successful Heritage Week printed in this issue ofthe Opinion. andencouraged people to partake in BPILP's SBA,aftermuchdebate, fundedCircles Public Interest Law week which is taking two hundred fifty dollars. Circlesisa women's place September 30 thru October 3, 1991. magazine recognized as an officialSBA group Events are posted outside ofthe SBA Office. on September 5, 1991. SBA also agreed to I also congratulatedtheElections Comdonate to the Baird Point Volunteer Ambumittee ofSBAand the NLG for successfully lance Corporation one hundred dollarsto help putting togetherathree dayVoter Registration themwith insurance payments. Finally, SBA drive whichregistered over one hundred fifty decided to sponsorthe law schoolband SOL. people. to play in front ofthe law school on Friday The SBA funded the Hibernian Society September27,l99l fromnoonto 1:00p.m. In and Sports and Entertainment Law one hunaddition to officially sponsoring the band SBA dred seventy-five dollareach. Look for their contributed forty dollarsto helppay forrented meetings and events throughoutthe year. sound equipment. The research andWriting committeeis During this meeting I recommended now meeting regularly. They arecharged with that the Board ofDirectors directthe Execumonitoring thecurrent''programand propostive Board to alert students to the vandalism ing changes. Ideas and suggestions are weland theftsfrom student mailboxestaking place come. Remember students mustwork together in ourmailroom. A letter was placed in each on this issue because itaffectsall ofus not just studentsmailbox Thursday September26,l99l the first years. and Public Safetywasalerted. I furtherrecomFinally, two reminders. First, all are mended that the Board direct the Executive welcome to SBA Meetings. They take place Board to write a series ofletters in an effort to on Thursdays at 5:00p.m. inroom 210( Note ensure thatProfessor Phillip'sConflict ofLaws timeand room change from previous weeks). grades from Spring 1991 were posted. While Secondly, a reminder to the student group hergrades were posted onWednesday Septemleaders, there is a potluck at my house this ber 25, 1991 the problem with late grades Friday. I and the SBA Board ofDirectors are remains an important issue. Therefore, SBA looking forward to meetingyou. Ifyouhaveany will be charging its Grades and Registration questions drop by the officeand let me know. VIVE NeedsVolunteers REFUGEECRISISIN BUFFALO! by Jon Garde VIVE is a non-profit organization located in Buffalo, New York, which provides legal and humanitarian assistance torefugees fromaround the world. VlVEisayoungman named Mohamedfrom Ethiopia who witnessed from hiding the murderofhisparents. VIVE is the Hashi family from Somalia, who came to us by taxi in need oflegal aid and shelterafter all eight members were turned away from the Canadian border on a frigid Buffalo night. VIVE is Ignacio, a Guatemalan teacher, who fears death from the military because ofhis past support of an opposing political party. VIVE isa Salvadoran girlnamed Yanira who is still plagued by childhood memories of government massacres ofinnocent civilians. VIVE is the comfort ofshelter at the end ofa road fullofpain and rurmoil-aray ofhope for those in despair-a sign that people docare! Because ofCanada's more liberal asylum laws, thousands ofrefugees pass through Buffalo yearly inroute toCanada. Moreover, Canada gives asylum applicants free legal council. Through acurrent agreementbetween the U.S. and Canada, refugees trying to enter ( anada are turned away from the border and must wait for about a month in the U.S. before receiving their first hearing by Canadian immigration, whereupon they are generally granted entry permits. Without VIVE, most ofthese refugees would be forced to live on the street while waiting to enter Canada. Moreover, Canadian asylum attorneys would be unable to locate theirclientele spread across Erie County. The right to effective legal council would be meaningless. However, because of VIVE, these refugees are given a friendlyand secure place in which to stay, where their attorneys can 8 1991-92 SBA Student /Faculty Committee Appointments SBA Vice-President Kate Sullivan (Box 539) is an Ex-Officio member of all committees and must be notifiedofthe meeting times. Numbers following the appointees names are box numbers: Academic Policy and Programs Committee William Kennedy -150 CarolMcNall-180 Kristin Wright- 841 JosephBelluck (alt) 616 - Academic Standards and Standing Committee John C.Cody-629 WilliamKennedy-150 Admissions Jorge Guerrero-120 Lamarr Jackson-419 Jennifer Pitarresi - 209 David Smith-266 Howard Schwartz (alt) -116 Admissions (Special Brian Brockington-30 NoelleKowlczyk - 698 NydiaMenendez-464 RachelGorski(alt)-116 Faculty Statement Committee . Review Committee David Chien-42 JohnC. Cody 629 AnthonyJ.Marzo-718 Wayne Van Vleet(alt) - 820 - Faculty-Student Relations Board Kevin P. Collins - 630 Michael Freedman 93 MatthewKohm-153 - Committee on Special Needs Stephen Lee - 702 Deborah Thuman-261 NaomiWeinfeld-372 . Researchand Writing Committee RonCoslick-339 Michael Fallon - 362 Marc Hirshfield-410 NydiaMenendez - 464 Subrata Paul-207 NicoleRademan-502 Michelle Wildgrube-570 Danßildner-311 Marc Hirshfield-410 JimMaisano-450 Robert Sisson (alt) 795 Appointments Kristin Graham-665 Daryl Parker-495 Robert Sisson 795 Public Interest Fellowship Kimberly JillBarr -15 Student Representative to Faculty Meetings Carla Goldstein -106 Brian Madrazo-449 - Legal Methods Michael Amezquita - 304 R. Rex Velasquez-823 Trim Ross-508 easily locate them. VIVE also assists Canapersons ofvarious cultural backgrounds and dian asylum attorneys incorresponding with customs, who are familiar with maintaining the INS. differentkindsofhomes, learn thecustomsand Recent changes inCanadian asylum law habits ofNorthAmerica before startinganew have increased the difficulty ofentry, forcing life in Canada. more refugees to wait in Buffalo for alonger Many studentsfromall disciplinesvolperiod oftime. VIVE has thus been forced to unteered last summer and early fall during expand its operations beyond La Casa, a one similar circumstances and were greatly enhundred yearold con vent donated to VIVE in riched by the experience. Thisyear, wehope 1983. Built to house nine, La Casa frequently has had an occupancy of seventy or more personspernight. As old as it isand with such intense use, La Casa is in decrepidcondition, page 1 andVrVEislookingtoreplaceit. Although we continued from a "service or benefit.'' same asreceiving locahave not yet found asuitable permanent While it not is illegal to ban military tion, VIVE has negotiated a two month lease government ties its recruitment, the federal of20 unitsat the Mohawk Hotel in downtown to federal armed forcesrecruiting on-campus need to Buffalo and we urgently volunteers aid school that making any bars remilitary help staffour support servicesthere. cruiters for federal of ineligible Department These services include the distribution was at Defense Funds. SUNY-Buffalo the medication, other of clothing, and personal necessities. Volunteers are also needed to take receiving endof$3.8 millionofsuch funding care ofrefugees' transportation needs to and last year. SUNY-Buffalo has sixty days to comfrom government immigration offices, social withtheorder orappeal the decision to the ply service agencies, routine and emergency hosState Division ofHuman Rights. Despite the pital visits,and special events. Moreover, help aides, the situation governor's by denials the is needed at the new site to organize the preparationofmeals and maintenanceof property Throughresettlement assistance, VIVE volunteersofferrefugeesawarmand welcoming hospice. Resettlement assistance is critical for continued frompage 3 the travelerwho hasfledthe traumaofwarand by South American natives. These items and political violence. Formany.ourrapid lifestyle otherscan befound in greater variety at El Buen is terribly demanding after enduring such sufAmigo(The good friend,) located onElmwood fering. VIVE volunteers help providean emoAvenue between North st and Allen st. tionally secure environment to ease the transiAccording to LALSA president tion, wherebyrefugees worktogether to proNydia (2L) the main purpose of Menendez vide for themselves. During theirone month Hispanic Heritage Week, was to increase stay, guests collectively prepare for themawareness about Latin American students in selves healthy nutritiousmeals, and also help thelawschool. " It wasour intention tobring withmaintenanceand repair. In this manner, something different, something that is a unique - ABA Representative. «... AngelaGott-394 thatyou too can joinus inmeeting and learning from many people from around the world as they teachus abouttheirhomelands and about themselves. To volunteer, callRev. JohnLong at 838-4152. Aftermaking an appointment, dropby the VIVEofficeat 22 78 Main Streetin Buffalo. Arewarding experience is promised to all as we continue to build new roads of understanding inour worldtroubled by war. Discriminatory Recruiters . The Opinion Tuesday, October 1,1991 has not changed after the order ofSeptember 19thand an appeal by the SUNY-Buffalo Administration will most likely beforthcoming. BrendaMattarofLGLSOdescribedthepresent situation as one where ' 'The governor has decided to step back from the hysteria and let the legalprocess work.'' On thedooroftheLGLSO officeis asign that gives the most succinct analysis ofthe present situation: " The bottomline is ... the Governor believes the order is in force at SUNY-Buffalo." Hispanic HeritageWeek part ofour lives and culture, to share withthe non Hispanic students.'' By the surprising turnoutatthe food stand alone, I would say that last week was a definite success forLALSA. Only one ques- tion troubles my mind and my appetite. How soon can these folks bring the rice and beans back to O'BrianHall?.Lets justwaitpatiently and see. �Middle East Debate Rages On: A Student Reply byJamalAruri Thus,since the apartmentwasnotempty, DavidLask's,' 'A Justification for the Shamir-Likud Position" (September 3rdissue we must now turnto thesecond question:What ofTheOpinioh) failsto do justthat. Itsucceeds happened to the previous occupants? The only in propagating myths and outright lies Palestinian people were systematically exwhichblatantly contradict thehistoricalrecord. pelled from their land through a series of Lask asks us in the first paragraph to massacres specifically intended to frighten 'imagine ifyou and yourlarge family moved the populationand forcethemto flee. Themost ' into a twenty-four unit apartment building, famous of these massacres occurred in the after having long ties to that dwelling, and village of Dir Yassin where Irgun (led by twenty two ofthose neighbors immediately former Prime MinisterMenachem Begin) and attacked you, whilethe twenty third exertedno LEHI (ledby currentPrime Minister Yitzhak influence in your behalf." Lask's fairytale Shamir) soldiers carried out the slaughter of account ofthe creation ofthe State ofIsrael two-thirds oftrie entirevillage. According to leaves oneasking manypuzzling questions. 1) David Shipler'sarticle intheNYT on Oct. 22, Was this apartment thatyou and your family 1979,citing Red CrossandBritish documents, moved into empty? 2) If not, how did you theattackers'' lined men, women,and children convince the previous occupants to leave? 3) up against wallsand shotthem," so that Dir Who exactly werethose twenty two neighbors Yassin "remains a name of infamy in the world." whoimmediately attacked you "? Theanswer to thefirstquestionis easy. Yitshak Rabin, then a brigade comThe indigenous Palestinian Arab population mander and laterIsraeli prime minister gave has continuously occupied the land called this account ofthe expulsion of as many as Palestine at least since the seventh century 50,000 Palestinians from their homes in the B.C. In 1919,ThePalestiniansconstituted90% towns ofLydda and Ramleh on July 12-13, ofthetotalpopulation, in 1931 83%,and even 1948:''YigalAllonaskedßen-Gurion (first at the height of Jewish emigration in 1939, prime minister ofIsrael) what was to be done withthecivilianpopulation. Ben-Gurion waved Palestinians still comprised 70%ofthe population. By 1947,one year beforethe creation of hishand in a gesture of drivethem out. The the state ofIsrael,Palestinians owned 93% of populationofLyddadidnotleave willingly." the land. ( Deborah Gerner, One Land. Two (Quoted in Simha Flapan's, The Birth ofIsrael). Beforethe Zionist forces werethrough Peoples). upto 700,000Palestinians wereforced to flee, While the Palestinian claim to Palestinerests on the veryfactthattheylived onthe unable to this day toreturn to theirhomes. Regarding the third question: ' 'Who landand constituted the overwhelming majority ofthepopulation formore than one-thou- exactly werethose twenty twoneighbors who sand years, the Jewish claim is based on the immediately attacked you?'', one must consultLask himselffor an answer to this unique history ofthe Hebrew tribes who intermittentlylived in andoccasionallyruled thisland account ofevents. Throughout his article Lask gets so from the second millennium B.C. until their expulsion from the Romans in 135 A.D. The caught upinhis barrage ofpropaganda, thathe Jewishclaimalso rests on the notion thatthis forgets(orperhapsconvenientlyoverlooks)to landwaspromised to the Hebrewpeople in the spell outtheLikudposition whichderivesfrom Bible. With Criminal Intent byMichael Radjaviteh, Photography Editor Onceagain, it's that time ofyearwhen law students from all three classes gather together in smallgroupsto pro ye their skilland competence atavariety ofintramural sporting activities. OnesuchgroupistheCßlMlNAL INTENT soccer team again sporting their stylish blue jerseys. Co-captains Michael Radjaviteh and Jorge Guerrero have put togethera team for the third semester in a row, and with three practices thusfar the outlook apppearsverypromising. Thereturnofveteran players Hank Nowak, David Downie, John Messinetti, Natalie Lesh, Frank Housh, Ira Levy, Barbara Saver, JohnFoudy, Eric Haase, and Mark Schaefer, gave the co-captains a solid base to build the new team upon. The team also recruited David Chien, Mark Skoultchi, and PeterLorme from the second»year class, as well as Francisco Duarte, ConstantineKarides, Sarah Swartzmeyer, John Justice, Eileen P. Kennedy, Marc Shatkin, and Rob Cisneros from the new first year class. With a roster ofthis size, fielding a full team for the Saturday afternoon games should not pose a large problem, a problem which gave CRIMINAL INTENT some difficulties during last year's single-win season. CRIMINAL INTENT took thefield with four fullbacks, three midfielders, and three forwards for their first game ofthis season on Saturday, Sptember2B, againstßFLO BLAST, awellknownrival fromthepasttwosernesters. Hank Nowak was in goalafter having taken overthis crucial position fromMade Schaefer. With his sizeand natural abilities he was the bestchoice forthe position,anditwas evident thatthree weeks ofcoaching and practice had payedoff. StartingatforwardwereConstantine Karides, Marc Shatkin and Frank Housh; at midfieldwereFrancisco Duarte, DavidDownie andTim; andat fullback were JohnMessinetti, NatalieLesh, IraLevy andMichael Radjaviteh. Jorge Guerrero waspresent butunable to play the ShamirPlanofl4May 1989. Shamir'splan, whichLask terms'' peacefor peace,'' insures that peace will not result. It spells out no negotiations with the PLO, which is recognizedby more statesthanIsrael. Itrulesoutthe implementation ofUN Resolution 242 which requires Israel toreturn the territoriesitoccupied in 1967,a position adopted by the entire world, including the United States. Shamir further seeks a veto over any Palestinian representative hedoesn'tappro ye of, a mind boggling proposition whichallows Israel to pick the representatives to both sides ofthe dispute. Lastly, Shamirrefuses to haltthe building of settlements in the occupied West Bank,while arrogantly demanding $10billion in loan guarantees from the U. S. This is whatLask terms ' 'peace for peace," i.e. Israel should give up nothingand ask for peacein return. The Palestinian position meanwhile, which is in accord withtheinternational consensus, calls fora two statesolution, insuring statehood and security for both the State of Israel and the State ofPalestine which will be formed inthe WestBank and GazaStrip. This compromise by the Palestinians would limit the Palestinians to 23% oftheir originalland. Arafathasevengone so farasproposingthat the newly formed state will be demilitarizedand UN or even U.S.forces canmonitor the border between the two states. What is most disturbing about Lask's article is not its distortion of history but his utterlyracistandanti-Arab comments throughout hisarticle. Lask states, "the current Arab economic boycott against Israel is not only a crueland inhumane gesture ofbigotry by the Arab world,but it extends to any company in theworldthatdoesbusiness withIsrael." Lask apparently finds it amazing that the Arabs wouldusean economic boycott against Israel while Israel illegally occupies Arab lands. It is one thing for Lask to claim that the Arab states are "cruel and inhumane" but Lask goes further suggesting that this is part of Arab culture. Consider the following statement by Lask: "It is withthat historical perspective combined with Arab culture, having Jew hatred so deeply ingrained, that Prime Minister Shamir..." How wouldLask react if one weretosuggestthatlsrael'sdaily shootings ofunarmedPalestinians in theWestBank and Gaza, its torture ofPalestinians and demolitions ofPalestinian homes was somehowpart of "Jewish culture"? Lask goes on to speak of"Arab intolerance and talksofthe need for the Arab nations to "insert accommodation into its culture.'' Therefore, Arabsare inherently intolerantand unaccommodating,which Lask says ispartof' 'Arab culture." Lask fittingly ends his collection of distortionsand racismwith misquote: "Hopefully, the Arab nations will progress and put aside their many cultural biases and antipathies forthe Jewsand Christians ofIsrael..." In his utter ignorance and attempt to portray intolerantand unaccommodating Muslimsbent on killing the Jews and Christians ofIsrael, Lask does not evenrealize thatthe Christians ofIsrael are Palestinian Arabs whom he chastised throughout his article. In this veryheated and emotional issue, one needs to make the distinctionbetween acts by nation-states on the one hand, and the people and culture ofthose states on the other. Forme as a Palestinian, whose family and people have been displacedand dispossessed oftheir land and homes, to suggest that this is the doom of Jewishculturewouldbeunthinkable. Thereis absolutely nothing inherent in Arab or Jewish culture which has brought about this situation. It is an issue overland, and one can only hope thatthe day will come when wecan share the landand live in peace with one another. Half Court Press due to a brokenbone inhis foot,however, John Foudy.Rob Cisneros andMark Schaeferwere also present, allowing CRIMINAL INTENTto make many needed substitutions during the game. The first half consisted of a series of attacks by each team, with several shots on both goals and resulting saves by the goalies. Late inthe firsthalf, oneof severaICRTMTNAL INTENT pushes upthefieldresulted in thefirst and only score ofthe game. Francisco Duarte gained control oftheball offofa Constantine Karides pass, dribbledthrough some defenders, andpassed the ballacross the mouth ofthe goal toward Michael Radjaviteh and Marc Shatkin. Michael Radjaviteh was unable to make contact withthe ball, but Marc Shatkin got a foot on it and struck it past the BFLO BLAST goalie for the 1-0 lead. Withthelead maintained through therest ofthe firsthalf, the secondhalf sawamore defensive CRIMINAL INTENT lineup, with four fullbacks, four midfielders, and only two forwards, while BFLO BLAST began attacking at every opportunity. However, CRIMINAL INTENT'S defensive play lived up to the challenge, allowing onlyafewshotsongoal,allo fwhich were kept out ofthe net by Hank Nowak. This week's game time is not yet finalized because the HOLY ROLLERS are not able to play at the scheduled time on Saturday, however, CRIMINAL INTENT is looking forward to the possibility ofstarting the seasonata2-omark. Anyone interested in information, or injoining theCriminalIntent intramural soccer teamshould contact Michael Radjavitch(Box 212) or JorgeGuerrero(Box 120). Softball, "Heathens" Style by Michael Radjavitcli, Photography Editor Captain PeterLorme, whoalso doubles as anoutfielder, has put togetheranother intramural softball team to representthe U.B. School ofLaw. This year's HEATHENS roster in- eludes outfielders Eric Haase, MikeOrtiz and Snyder arrived and the game began. The Mark Hubal,and infieldersChaim Kraisman, Moots' game plan was to keep things slow to Mark Eyer,Bob Gormley andTom Grajek, as holdthe opponents below one hundred points, wellas Rich Holstein, Matt Kohm and Jamal and offset the opponents advantage with supeAruri. The starting pitcher is Roger Sagerman, rior three point shooting. The three point and Vito Roman is the man defending home strategy was discarded shortly after Higgins plate. tossed a number o fair balls. Apartisan en >wd Lastyear'sHEATHENSmayhavemade cheering theMoots' opponentswere witnesses it to the finals only to lose to the Med-school to the precision effect of the stall game as team,buttheyareofftoa muchslower start this forward/guard Eric was thekey stalling tactic timearound. LastWednesday'sopeneragainst after receiving a painful poke in the eye Ile the MUNCHERS saw a short-handed HEArolledon thefloor inagony fora full ten minutes THENS squadplayingaclose game untillate while his concerned teammates conscienin the game,withleft-handed hitter Eric Haase tiously caught their breath. The half ended contributing hisfirst home run ofthe season. enmeshed incontroversy whenHiggins' amazUnfortunately, itwasalosing effort, withthe ing over-the-back bank shot wasdiscounted as MUNCHERS ending up with a "W " bya 12- time had run out. The stalling tactics effectively cemented thescore at 47t0 16at the half. -7 margin. The HEATHENS also split a doubleDuring the second halfthe Moots' dediheader on Saturday, September2B,beginning cation to studies became apparent in the poor the afternoon with a 14-7 blow-out ofthe physical condition that the gallant cagers, an UNTOUCHABLES. Mark Hubal made the element matchedby the growingfrustration of highlight film with his homer, as did DonGill, theopposing,andunnamed,team. PointguardV a ringer flown in from BrooklynLaw, who hit shooting guard Mike Feliciano'sinspired ball a standup triple. He also provided some strong handling ate upthe clock and led to a technical fielding at second base. The second game of foulcalledagainst the opponents forhavingtoo theafternoon, however, madeevidentalackof many men on thecourt. Snyder canned thefoul conditioning on the part ofthe HEATHENS. shot withaplomb. Unfortunately, it was the Theiroffense wasunable to produce,and they only free-throw made by teh Mootsduringthe provedtobeno competition fortheHELMETS game - an area where improvement is sorely a 10-3 loss. needed. in Viciousdefense by theMoots' front line ofEric, Higgins and Dave Faber prevented the Moots Cagers Stifle opponents from entertaining the crowd with Opponents dunks. The unsavory characters grew surly as they realized that despite their most fcrvenl by Norbert Higgins cheers, the unnamed opponents would not game their first the Tuesday night, In achieve the century mark against the wily Moots basketball team went down to acrushingbut gloriousdefeat, 74 to 2 3. GeorgeSnyder Moots. I Incoming games promise to be diffiwas the high scorerwith 9 points withNorber cult, but the Mootsremain confident that their Higgins contributing 8 to the cause. The game started with a moment of skills will improve and the streakofopponents dramawhen it appeared that only four Moots under 100points will continue. The spirit of had shown up to challeng the opponents ten true physical competition was captured by coplayers (all ofwhom were dunking during the captain Feliciano who noted, "At least wcgol - - warm ups). Fortunately, star forward/guard someexercise." Tuesday, October 1, 1991 The OpinionI 9 �"A group of law students who shall remain nameless have decided to form a new, unofficial, informal group. BAR REVU There are no mandatory meetings, no by-laws or hierarchy. All that is required is ATTENDANCE WEEKLY AT THE BAR OF CHOICE. Brunner's Tavern Eggertsville and Main 9:00 p.m. $1.25 bottled beer and .15 This week: wings SEE YOU THERE." Here's an offer you can't refuse. Chico's tribute to Doctor Seuss. IN THE PUBLIC INTEREST A REVIEW OF LAWAND SOCIETY Call For Papers In the Public Interest, a review of law and society, is published bi-annually by the Center for Public Interest Law at the School of Law at the State University of New York at Buffalo. The Journal is committed to printing scholarly articles, commentary, and reviews which examine legal and social issues in their political and historical contexts. In the Public Interest is currently accepting articles for its Winter 1991 edition, and welcomes manuscripts from students, faculty, and practitioners in all fields of study. In the Public Interest welcomes work from all perspectives, as well as poetry, photography, and original art work. In the Public Interest is indexed in the Alternative Press Index, and articles are carried by Westlaw On-line information services. There is no length limitation on papers. Although articles are accepted throughout the year, the submission deadline forfull length articles for the Winter edition is September 13, 1991. In the Public Interest also encourages the submission of shorter length essay, commentary, and review articles in addition to its publication of scholarly works. The deadline for essay length work has been extended to October 21, 1991. All articles should be double spaced, submitted in triplicate. So that all submissions may be considered anonymously, submit articles with only social security number indicated at top. In a separate envelope, include your name, social security number, address, and phone number. Center for Public Interest Law State University of New York at Buffalo School ofLaw 118 O'Brian Hall Buffalo, New York 14260 (716)<J*-21«1 10 iThe Opinion Tuesday, October 1, 1991 Saturday, October 5th,1991 Da' Party! (pronounced "Da' Bers") 73 Englewood. Contact him at Box 213 �The Docket The Docket PUBLIC INTEREST LAWWEEK The Law School CareerDevelopment Officeand Buffalo Public InterestLaw Program will be sponsoring Public Interest Law Week, September 30 through October 3.1991. All events will be held in O'Brian Hall at the Amherst Campus. OnTuesday. October 1 Evan Wolfson, a StafTAttorney for theLambda Legal DefenseandEducationFund,willbespeakingat6:oop.m.inßoom 106. Wolfson will share his experiences as a public interestlawyer and will also discuss how his careerpath developed. Hewasalsoan Associate in the Officeoflndependent Counsel, Iran-Contra. TheLambda Legal Defense and Education Fund works on arange of lesbian and gay rights issues and policy and legal matters arising out ofthe HIV epidemic and health crisis. Wolfsonreceivedhisß.A. from Yale College and hisJ.D. from Harvard Law School. He has published two articles. "Civil Rights, Human Rights, Gay Rights: Minoritiesand the Humanity ofthe Different," and "TheDefense ofConsensual Sodomy, Public Lewdness, and Related Criminal Cases." This event is also being sponsoredby LGLSO. Tuesday. October 1.there willalso be a Public Service Panel at 2:00 p.m. in Room 106. Speakers will beJohn Costello, Second Deputy County Attorney for Monroe County; Andrea Schillaci, Assistant Attorney General, Environmental Protection Unit, Buffalo Office; and Mark Perla, Assistant United States Attorney, Western Region. Wednesday. October 2. there will beaPublic Interest Panel at 3:30 p.m. in Room 106. Speakerswillbe Nancy McCulley from Neighborhood Legal Services, Karen Nicholson from Legal Services for the Elderly, and Norman Effman from Wyoming County Legal Services; Thursday. October 3. Amy Tobel, whohas doneCareer Placement Workfor NYU Law School, will give apresentation on Finding Yourselfa Public Interest Job. Her presentation will be a 12:15 in the FirstFloor Student Lounge. Informal Brown Bag Lunches willbeheld onMonday and Tuesday in theFifth Floor Faculty Lounge and Wednesday intheFirstFloorStudentLounge. Lawstudents will speakabout public interest law internships that they worked on last summer. There will be a reception for faculty and students, as well as members ofthe public interestlaw community, onThursday.October 3in thelobby at7:00 p ,m. The reception will be inrecognition ofthe BPILP summer internsand theirpublic service worksite sponsors. Formore information, contactCDOat636-20560r8P1LPat636-2104. . Workshop on Gender and Class Sponsored by the UB Graduate Group forFeminist Studies & the UB Graduate Group for Marxist Studies in conjunction with the Ontario Institute for Studies in Education. Saturday, 0ct0ber26,1991 from 10:30a.m.-5:00p.m. Amherst Campus, 280 Park Hall Buffalo participation is limited to 12persons on a first come first servedbasis. Twopapers will bepresented. Ifyou havea workin progress orare interested in further information, contact Paul Zarembka, Economics Dept. (0)636-2121 0r(h)832-8832;orLucindaFinley,LawSchool(o) 636-2361 or(h)882-7941. National Coming OutDay Friday, October 11, all day. No, you don'thavetocleanyourclosets. Youdonthaveto makeany grand public announcements aboutyour sexuality(orlack thereof!) You don'treally have to do anything. But ifyou'd like to both show your support for gay and lesbian rights and celebrate the similarities and differences we all share as people, there isnt an easierway than to wearbluejeanson October 11,National Coming OutDay. National Coming Out Day isadayonwhich lesbian and gay men take the next step out ofthecloset, no matter what that may be. It is also a day to combat the daily invisibility ofthelesbian and gay community. The Lesbian and Gay Law Students Organization, in conjunction withtheundergraduate and graduate groups for lesbians andgay men will be tabling, selling t-shirts,and distributing treats on October 11. Foryour family members and yourfriends who aregay, or foryourself,please showyour support by wearing blue jeans and stopping by the table. M*E*E*T*l*N*G*S SCCMeeting Wednesday October 2 at 4 p.m. Room A,Audio-visual Center,Law Library, O'BrianHall. "Proposed amendments tothe U.S. Constitution": members will be discussing their ideason how to improve this great country of ours. All those who wish to submitproposals for amendments please do so by Wednesday morning inBox # 513. J The International Law Society will sponsor a dinner with Ambassador Edward Finch, formerambassador to Panama, authorof' 'Astro Business- A guideto Commerce andLaw in Outer Space and presently generalcounsel to the American International Petroleum Corporation. Ambassador Finch will address the environmental problems ofouter space and national security a talk on " Heavenly Junk. ThedinnerwilltakeplaceonOctober4,l99l at6:oop.m. in theTiffin Room Norton of Hall at U.B.s Amherst Campus. Tickets prices are: $10.00 students $15.00others Please joinus for a great evening withthis distinguished speaker. For information contact the International Law Society at U.B Law School. - 1 11 Desmond Moot Court Update... Letter ofIntent Dining With a Diplomat Due Monday, October 7th, between 9:00a.m. and 5:00 p.m. in Room 11,0'Brian Hall Happy Hour to celebrate completion ofBriefs 5:00p.m. to???, Monday, October 14 Place to beannounced ■■~Graduate Group on Human Rights Upcoming Events (All events will be held at 3:30 p.m. in the First Floor Lounge.) McAe//eStfAa«««willspeakonU.S.foreignpolicyandTibet. Oct. 1 AlphanseNkubito, formerGeneral Prosecutor for Rwanda and current President ofthe RwandanAssociation Oct. 2 will speak on Civil andPolitical Rights in Rwanda. Rights, for Human Oct. 9 Professors Virginia Leary and Isabel Marcus and Yasmine Hassan (a second year law student) will give presentations on "Women in theLegal System in Pakistan." �■" '■"—'■ ' ■■'— m ■ i- i .............. ~.«.i....i �� *J)sr E BAR/BRI ........ i. i...... ~ .. . , . . . . . .... •> ■ny BAR/BRI Leaves Nothing To Chance. BAR REVIEW The Nation's Number One Bar Review. 1500 Broadway, New \brfc. NY 10036 (212)719-0200 (800)472-8899 (201)623-3363 (203)724-3910 FAX (212) 719-1421 20 Part* Plaza. Suite 931, Boston, MA 02116 (617)695 9955 (800)866-7277 FAX (617) 695 9386 , � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-10-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c981697e0fbc63a9d0e16afdb92c593e.pdf a328fe5553b669a1f15d6b41ec4ab71c PDF Text Text Volume 32, No. 3 O THE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 17, 1991 UB Presidential nominee has ties to law school by Andrea Sammarco, iManagingEditor The University at Buffalo Council announced on September 4 its decision to unanimously support the nomination of William R. Greiner as the University's 13th President, replacing former President Steven B. Sample. nomination is the result of a nation wide that he is still considsearch which began in January of 1991, ered a law professor at after Sample announced his resignation U.B. His areas of spein order to assume the presidency of the cialty include taxation and government fiUniversity ofSouthern California. Greiner's history with U.B. includes nance, real property, an extended period in which he has served real estate transactions, municipal law and muin various capacities as part of the facnicipal finance. BeGreiner became an ulty of UB Law. Law tween 1968 and 1974,he in at the School associate professor he was the was chairman of UB given 1967. Two years later, law he Law's Although Legal Studies professor. full status of From 1975Program. the law does not teach any classes in -1980, article states he served as Assoschool, a recent Reporter ciate Dean of the Law School, functioning as counselor and deputy to the Dean. He was also responsible for all matters involving student af- Greiner has occupied the position of interim president of U.B. sinceApril 1 The nomination has yet to be approved by SUNY Chancellor D. Bruce Johnstone and the Board of Trustees, whoare expected to consider the Council's recommendation on September2s. Greiner's fairs. Greinerreceived (continued on page 6) Interim President William Greiner Professor Leary recounts Geneva experiences A conference to commemorate the 20 year anniversary of the Attica uprising attracted participants from all over the country. (See article on page 8.) SBA Class Directors 1991-1992 FIRST YEAR 1. Sarah Swartzmeyer 2. Kevin P. Collins 3. Eileen Groark 4. Bridget Cull en 5. Stephen Lee 6. Kristin Graham SECOND YEAR 1. Hank Nowak 2. Erik Marks 3. Michael Radjavitch 4. Scot Fisher 5. Scott Rudnick 6. Aida Reyes THIRD YEAR 1. Darryl McPherson 2. Sabby Santarpia 3. Angela Gott 4. Norbert Higgins 5. Marc Hirshfield 6. Hans Tirpak BOX # 806 630 670 639 702 665 197 175 21 2 89 225 220 462 576 394 407 410 545 bySrikantRamiswami, News Editor Professor Virginia Leary is the codirectorofthe Graduate Group on Human Rights Law and Policy at U. B. Law School. Last year, Professor Leary was away in Geneva, Switzerland on sabbatical. On returning to U.B. Law School, I had an opportunity to meet with her and ask her about her stay in Geneva. What resulted was a very informative interview during which we discussed many issues. Q: What took you to Geneva? A: I came to U.B. Law School in 1976afterworking 10 years in Geneva. I found Geneva an extraordinary center for international life and I also have a lot of friends there. Every summer I have returned to follow meetings at the U.N. and to keep in touch with people at the international organizations. So it wasa logical place to spend my sabbatical because it gave me a chance to re-participate in many international law activities. The libraries are also very good and I personally like it there, too. Q: Whenyou had previously worked in Geneva for 10 years, didyou work for the U.N.? A: Yes, I worked with the International Labor Organization (ILO) and I also got my Doctorate at the Graduate Institute of International Studies which is affiliated with the University of Geneva. So that's what I did during the ten years! ested in the concept of economic and social rights. I'm continuing to work on the book on that subject. I did some writing on other international law subjects. I also attended and followed several meetings. I followed the Uruguay round ofthe GATT largely due to a U.B. student who was in Geneva studying the round during the fall semester. Then I worked on an international commercial arbitration which involved a tunnel under the Suez Canal a contract dispute. I am now doing some consulting with the United Nations Conference on Environmental Development (UNCED). This conference (also known as the Earth Summit), will be held in Brazil in June 1992. It is the. major international environmental meeting since the Stockholm meeting in 1972. I also organized an internship program for law students at international - (continued onpage 9) HIGHLIGHTS Your views on Clarence Thomas ...page 5 Student Group Updates --page 7 Q: What kind ofwork were you in- volved with in Geneva this past year. A: I was doing writing. I'm working on a book on the right to health. Human rights is my specialty and I'm very inter- Who the Hell is That? ...page 10 �111 " "" ' '" '■' ■ "'I i ■ ■mi. i i-n Mill II unii ii ■ i- ii. «—■■• inn nam i i ■ i n I ■MMK^MW ■ DTT7 "R DT7 rliiiriiiiA <^^^^^^^^t 'a^^^it^lm The Bar Course That Carefe^^^^^^l For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 2 The Opinion • Telephone: (516) 747-4311 �Interviewing made easy!! RAPPORT. Furthermore, try torelax and smile and project yourself with confidence and poise. But most importantly, be yourself. The ONCI is conducted in a short time. The interviewer sees a whole lot of people in one day and often takes notes after you leave. Don't feel bothered by it and try to create an opportunity to stress your credentials. Ask questions like:"Would you like a writing sample? Here's one from my moot court competition," or "here's a memo from ABC firm." Try to stay focused and try to be direct. Once you are called back, the in-firm inter- bySrikant Ramaswami, News Editor On Wednesday, September 4th, 1991, U.B. Law Students had anopportunity to hear Ms. JeannePowers from Jaeckle,Fleishmann & Mugel, talkabout tipsforinterviewing. Ms. Mugel has been on the firm' s hiring committee for ten years, and her experience in this field was evident. Although she represents a large firm, she startedheraddress by statingthather advice probably held true for smallerfirms as well. This is whatMs. Powers had to say: To begin with, the practice area administration talk about what they expect their needs to be for the coming views will give you the opportunity to meet with multiple people. If one interview doesn't go well, you haven't done irreperable harm. Also many firms have a rating sytem on interviews. The number "5" for an immediate offer is something no one gets. But one may get a "4" for serious consideration, a "3" for later consideration, or a "1" for "drop candidate immediately." When you are going through in-firm interviews, don't forget you are looking at the firm. Observe for yourself if the partners, associates, secretaries, etc., respect each other. Is the atmosphere friendly? hostile? di- year. Most large firms hire students a year in advance and so it is important to keep tab on procedures such as sending resumes to firms on time. After the executive committee sets a target for the number of hires, the firm accepts resumes and goes through them. A resume that exhibits qualified academic success, moot court experience, law review, clerkships, independent study that demonstrates skill or commitment will probably assure a student an on-campus interview. Of about 60 students who may be interviewed, about 15 to 20 students may be invited back for a formal set of interviews with more people from the respective firm. The in-house interviews usually take place some weeks after the oncampus interview (ONCI). After the prospective associate has been extensively interviewed and scrutinized, an interview report form is filled out by the firm. These interview reports are read along with transcripts, the writing sample, and reference reports. THEN...offers are extended on a rolling basis. There is no magic formula on how to interview. Interviewers have different personalities and are attracted to different things. Don't come across as a phony at the interview, and be prepared to talk about everything on your resume. It is important to read the firm brochure or other materials that the firm provides and to see how the law firm is organized. Thus, if you had previous work experience during the summer, be prepared to verse? Some of the questions you may encounter from interviewers are, "why are you interested in law? What's your goal 5 to 10 years from now? What was your most/least favorite class? What's the last book you read? What are you looking for in an employer? Is the firm growing? And by that token, who are employers looking for? Someone with intelligence and skill, maturity and motivation. Someone who is industrious and pleasant. Someone who will get along with clients. Ms. Powers also gave tips on how to select a writing sample. Make sure the sample is relatively short, but complex enough to show that you are capable of analysis and that you did research. If you are presenting an actual memorandum from summer employment, make sure that client confidentiality is not violated. Make sure the sample is grammatically correct and clearly written. After Jeanne Powers describe what you did. This shows that you are dedicated, that you can handle complex issues, and that you can talk intelligently about those issues. Also talk about your activities and explain to the interviewer what is important about the employment you are seeking. Ask questions at interviews. Why? Because it shows you are interested and serious about being hired. Look at the firm's brochure prior to the interview for it may help you to ask questions. Typical questions might be -"I notice your firm is interested in international law. How large is your practice? Mostly U.S./Canada?" Again by asking questions you will get information about the structure of the firm, their training programs, the stability ofthe firm, etc. Finally, questions keep the interview moving. At the interview it is important to make eye contact. Give well thought out answers to questions and give responses that generate further questions or provoke comment. ESTABLISH her presentation students asked questions and a handout from Reader's Digest on tips for inter- viewing was distributed. The lecture was an infor- mative and useful one where many students felt enlightened about the hiring process. The new research and writing program at UB: a first year perspective by Charles Greenberg Research and writing are important aspects of any lawyer's career. For this reason, the law school has established a two-semester course designed to teach first years the fundamentals ofconducting proper research and writing. This semester, the course will be taught by Professor Janet Lindgren, who appears to be very enthusiastic about the course. Professor Lindgren will teach three sections ofthe course, onefor each section of the first year class. The course will consist ofan introductory class, which was held for sections two and three last week and section one this week, and eight instructions classes. Four ofthe classes will dealwith writing, with the balance being on conducting research in the law library. The writing component for this semester will consist mainly ofanalyzing the written work of others rather than developing personal writing skills, a subject reserved for next semester. The research component of the class will stress finding cases, laws and statutes, as well as other secondary materials that are needed to construct legal arguments. Taken together, this first semester would offerthe firstyear areasonably comprehensive view ofhow research is conducted and how others have organized theirresearch into writing. The spring semester will continue this program , with advanced research technique being stressed. An exciting aspect ofthe spring course is that the firstyears will be broken up into considerably smaller groups for more personalized attention, which the students can takeadvantage of when itcomes to professional critiquing of their writing. However, even with this attention, one goalofthe writing course is to have the students "become (their) own best critics," as Professor Lindgren indicated during section three's introductory class last Thursday. Overall, the prospects ofthe research and writing class are promising, with the first years looking forward to learning about this exciting aspect ofthe law. T"hg Odl II lOfl WDIJ IH IIKG tO n6Er YOUf* VI6WS 21 DO Lit tllG State <)f the , „ . . rcScarCll 3.MQ W« Iting DfO™ \A/ill avok TX\ ■#■ aUIIILIcllllj cuffirionf I ��■■■ II O. Students foi" fhp ' re 3.1 WOf*ld? Wh<lt 3. re the ■ SltGrnStlVGS. ■ IfSt VG3T ± m • II btUUcllvS S'6 eSDeCIS-IIV ■ ■ " pnrniiraoorl K u +*\ %•%* *■#•& rvi LOIIl" SU t> ITI it VO U W ' tilOllgrltS tO BOX 443 Of* [yy ___ J I JL» TheOpinion. 3 �OPINION \ olume 32, No. 3 JM" September 17, 1991 Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson Vito Roman Michael Radjavitch Contributors: Kevin Collins, Charles Greenberg, Mona Ingram. EDITORIAL As the Senate prepares it final decision on whether or not to confirm the nomination of Judge Clarence Thomas to the United States Supreme Court, many interest groups across the country likewise prepare their own evaluations ofthe nominee's qualifications, each colored by the unique perspective ofthat particular group, and the ends which they seek to achieve. Attempts to flesh out Thomas' views on abortion, natural law, the right to privacy, and other constitutional concerns have been met with harsh criticism from thosewho claim that these are not the proper areas of concerns in selecting a Supreme Court Justice. While Thomas'judicial record may not have been focused on as intensively as it could have been by the Senate and other interested parties, no one will dispute that judges do not live their lives in a vacuum. It is undoubtedly true that Thomas' experiences and attitudes will influence his disposition when it comes to making decisions that will in turn affect the lives of each and every one of us as United States citizens. The extent to which he allows, consciously and subconsciously, his personal beliefs and moral values to affect his judicial determinations will depend on the individual circumstances ofthe case. But it is certainly not improper for those vested with the responsibility of making sure that the nominee is qualified, to attempt to gauge the depths of that influence. Perhaps a more pressing concern than the specific focus ofthese inquiries should be the absence ofany curiosity at all, especially on the part of law students. It should be the priority of every law professor and student at U.B. to take great interest in and utilize at every turn the opportunities for discussion whichare presented by this rare moment in history. Thomas' confirmation process should be the subject of at least one class in every subject being taught this semester. The unused monitor in the hallway of the first floor should be turned on and tuned in to the Senate confirmation hearings for as long as they take place. The law school community should not wait to study the law only after it has become part of the textbooks. « CCopyrgffl IMI. The Opwon. SBA. Any reproduction & materia* heren sircily prohbaed without the eirpraa*content ol the Ediors The Opiraon «, puDtshaa everytwo weeks during the tcadofTsc yuoar II it tin student ntwapepat el the Sue Unwwtfy or New York at Butlaß School ot Law, SUNY ABArnhersiCampus. Buffalo. New York 14260. The i ■■— eipitstsJin the)paper are not necessarily Uiom ot theEdkonaiBoard or Siafl d Tha Opinion. Tha Opinion It a non-profit oroanuauon. third-Oat* poalaga antarad ■ Buffalo. NY Eatonalpokey ol Tha Opinion ■ determined cotamvaty by lha Editorial Board. Tha Opinion lundad by tha SBA Irom Student Law Faat. • Loiters tonoer than three typed doutto spaced pagat will not beaccepted Please do notputanythngyouwithprinted under our otlice door. AH subrr—ttont should t» paced in lawschool ™ioo«e»»43orst26yirie deadline dale Deadlines lor the semester are posted in the mailroom and outtida The Ofmnion dthce. 724 OBnan TheOpnonwalcon— Not voting won't keep you off the jury! From the New York State Board of Elections There are a number ofdifferentreasons why so manyNew Yorkers do not register to vote. As a matter of fact, ifyou conducted a survey of unregistered New York State residents to find out why they are not registered to vote, you would probably end up with a very long list of reasons. However, there is one reason that wouldappear on your list many times that is caused by a common misconception: many people do notregister to vote because they do not want to be called for jury duty. As strange as this may sound, it is true, and anyone who works at a county board of elections or who has conducted a registration drive will confirm this. The misconception is that the county voter registration list is the only list used ihe by commissioner of jurors to find potential jurors. Some people subscribe to the theory that by not registering they can avoid jury duty, and that once they do register to vote, they are destined to be called for jury duty. This theory is wrong. The source list used by every commissioner ofjurors in counties across the state is compiled by combining a list of taxpayers provided by the Department ofTaxation and Finance with a list of licensed drivers provided by the Department of Motor Vehicles, and the voter registration list. These three lists are run against one another, the duplicate names are dropped, and a final sourcelist is prepared. So, while the voter registration list is used to find jurors, it is not the only list used. A county commissioner of jurors will tell you that the combinationof these three lists will cover almost all of the eligible jurors in a county. He or she will also tell you that not registering to vote does not in any way reduce your chances ofbeing called for jury duty. So, do not sacrifice your right to vote justto avoid juryduty because, ifyou do, you will gain nothing, the right to vote and participate in the democratic process is much to valuable to throw away on a theory that is not valid. K. Wells Stout, Chairman, New York State Board of Elections Evelyn J. Aquila, Commissioner Helena Moses Donohue, Commissioner The Opinion Letters to the Editor: EDITORIAL BOARD F.ditor-ln-Chief: 4 The Opinion Mailbox I would like to take a few moments to discuss some recent incidents that evidence the intolerance some members of our law school community have for political diversity. The first incident occurred at an SBA informational meeting for student organization's officers. During the role call when the Federalist Society's name was called, a woman named Erin said out loud, "Oh, the White Boys!" I looked over at her and she said, "I say it with a smile." I then said, "Can I say 'Femi-nazi' with a smile?" She replied, "I'm not a femi-nazi, but you definitelyare a 'White Boy." I was not calling her a femi-nazi. I was asking her whether she would tolerate someone doing to her what she had just done to me and the other Federalists in the room. Based onher reply, the answer was obviously no. The second incident occurred the following weekend. That Sunday I went to the Federalist Society office in room 725 ofthelaw school where I found a bumper-sticker stuck to our door whichread, "NATIONAL COMING OUT DAY. TAKE YOUR NEXT STEP." Apparently someone who does not agree with some of the politically conservative member's views took it upon him/herself to deface our door. This is totally unacceptable behavior for amember of our law school's community. Whoever did this should be embarrassed. Not only did s/he cheapen him/herselfby defacing our door, s/he showed that s/he doesn't know the facts. You see, not all of our members are opposed to gay rights, and, whether s/he likes it or not, the Federalists are going to remain open to and discuss all points of view on this and any other issue, including the points of view that are politically incorrect. Sincerely, HansTirpak, 3L SBA Director and Federalist Vice-Chairman Dear Ms. Sammarco: I enjoyed reading your "U.B. Law Primer" in the August 19 issue ofthe Opinion (Vol. 32, No. 1), and I'm sure your practical view oflife in O'Brian and its environs was muchappreciated by yourreaders. There are two details that raised concern in the library. First, the article reads, "Also remember that law reviews which are not returned within 24 hours will generate fines of $ 1.00per hour." Actually, lawreviews and all "overnight loan" materialsare due two hours after the library opens the next day. The time due is stamped on the date due slip in the back of the book. The loan period ismuch shorterthan the 24 hour period stated in the Opinion since overnight loans don't go out until 4 p.m. and are due the next morning. Since the students could be inconvenienced seriously by the statement the Opinion, I hope that you'll print a correction. in In the interests of accuracy, you should add also that our Documents Department on the 6th floor is a selective U.S. government documents depository and is the best place on campus for researching federal legislative history, not to mention researching materials from the United Nations and intergovernmental organizations. Thank you very much. Sincerely, Ellen M. Gibson Director of theLaw Library DON'T LET NOVEMBER sth TAKE YOU BY SURPRISE On November sth, dectknu will be held State for: • Mayors • County Executives County legislatures • • • New York aero* City Councils Town Boards Otter Local Offices Important itfty"*"— for registration and voting: • • • October 7 October 12 October 29 Last day to mail in a registration form. Last day to register in person. Last day to mail in absentee ballot application or letter of application. November 4 Last day to mail in absentee ballot or band deliver absentee ballot application. November 5 ELECTION DAY: 6 am 9 pm Also last day to band deliver absentee ballot. - REMEMBER: If you've moved or if you haven't voted in four years, you most re-register. � 5 o?2?'r A For Information Contact Your County Board o{ Elections or Call l-SOO-FOR-VOTE �■■■■■■j +**-*•.~rti >»r.***m ibpi i. 11 c--mv*«jwi. -■ ■ - ■ ■»■ ■ »»™—*»-a»--^M»a^t»*^»aa«a«**»»aw» student .-pinions opinions opinions opinionsf'opinions opinions opinio. A new era of senate confirmations? By now, Judge Clarence Thomas finds himself deep in the midst of vigorous questioning by the Senate Judiciary Committee. I do not care to add to the certain deluge of articles, essays, and opinions which will be printed concerning his politics, past, and personal views. Like many others, I am very interested in Thomas' politics and how his views might affect the Supreme Court, but I am much more concerned about the nature of the confirmation process and the consequences of its present manifestation. The rejection of Judge Robert Bork in 1987 is widely regarded as the watershed standard by which theSenate would take into consideration the substantive views of a nominee to the Supreme Court. But in fact, political criteria is not a newidea. Since itsinitial proposal, the constitutional text stating that the president "shall nominate, and byand withthe advice and consent of the Senate, shall appoint...judgesof the supreme court" was a hotly contested issue and the outcome of a last minute compromise during the Federal Convention of 1787. Just six years after the ratification of the Constitution, President Washington had the interim appointment of John Rutledgerejected for whatamounted to politicalconcerns. Except for John J.Parker's rejection in 1920for his inclination to favor big business, the years between 1894 and 1968 appeared to be a relatively relaxed period of Senate confirmation. It has only been since 1968 that there has been a resurgence of heightened Senate scrutiny of political issues causing nearly one out of three nominees to fail either by rejection or withdrawal in the face of imminent rejection. One can safely assume that this new era traces its genesis to the "activism" of the liberal Warren Court and the two conservative courts that followed as well as institutional friction between the opposing parties which control theWhite House and the Senate. Ithas been observed that every confirmationbegins where the previous one ended. Therefore, it is fruitful when thinking about the present confirmationhearings torecollect what occurred during the hearings on Justice David H. Souter last fall. The hearings existed on two levels. Facially, senators clashed over contemporary issues ranging anywhere from abortion to philosophies of constitutional interpretation. Such debate was not so much to determine if the nominee had a sensitivity to such issues butasan attempt to elucidateand legitimize whatcertain senators thought to be the proper position. Give an elected official free airtime and theresults are likely to be quite predictable. Underlying the discussion of these three issues was really a debate over the role of the president and the Senate in appointing Supreme Court Justices- -an attempt to resolve an issue unresolved in the summer of 1787. "Even though is an inherently environment, Washington the of meritocratic ments to is court fetched concept appoint- the not an political Supreme that far- idea." The Souter hearings were the epitome of the new era of Senate confirmationsof the nominee who must reasonably pass certain political ideology or "litmus tests" in order to be The History of Club 504 by Angela Gott Club 504 was founded by two students with special needs who graduated in Spring 1990. The Club's purpose is to function as a student interest group serving students who are interested in disability rights, issues, and concerns. One does not have to have disabilities to become involved, merelyan interest in this area of legal issues affecting the needs andrights ofthe disabled. Club 504 takes its name in honor of section 504 of the Rehabilitation Actof 1973 whichbecame effective in 1977, once the regulations were finally issued implementing the first "Civil Rights Act" for the Disabled. Witholding offederal funds to states and schools, and universities, cities,and counties, in short, any area eligible forfederal funding, is what gave teeth to this new law, so that the needs and rights and issues affecting the disabled would have to be taken seriously. Oneearly section 504 case involved a university student who desired to be- come a nurse. She could hear gross sounds like sirens and buzzers but could not distinguish syllables so that she could understand spoken speech. She could read lips and use sign language. The nursing school argued that she would be a danger to herself and to the patients and did not wantto admit her into their program. To do so would have required the university to provide a sign language interpreter for all ofher nursing classes and the university would have to pay for this expense. The student had already been working in the nursing field as a licensed vocational nurse, but wanted to get an RN degree. Those ofyou in the nursing field are probably aware that there are many employment situations open to graduate nurses with BSN and RN degrees which are administrative in nature and which do not necessarily require routine patient interaction. Also, patient call buttons use lights or visual systems to notify nurses that their assistance is required, and a hearing impaired person wouldhave confirmed. One of the key issues of debate during the Souter hearings and discussion on the Senate floor was who bears the "burden of proof" in the confirmation process? Judiciary Committee Chairman JosephBiden set the tone of the hearings in his opening statement when he informed Souter that the burden ofproof wason him just "as it is on us when we stand for election." Essentially tellingthe nominee that he was up for election was an intriguing way tobegin the confirmation hearings of someone who had already been nominated for the position. Itplacedan undue burden on the nominee, who was not actively seeking the seat but accepting the nomination. The election rhetoric of presumptions and burdens was designed simply to carve out more power to the Senate with the senators as electors. Many senators tried to elucidate the criteriathat a nominee must satisfy in order to be confirmed by the Senate. continued on page 10 no problem seeing such visual indicators. Perhaps this student would have worked as a school nurse, which requires the RN status and deals with students onan indi- procedures did nothing to give me "Dis,abled" status, so that I could utilize the vidual basis where her ability to read lips would have removed any communication difficulties. The political issue here was ATTITUDE. Colleges and universities which receive federal funding did not want to take on the costs involved to change their programs to accommodate the needs ofstudents with disabilities. Attitudinal barriers are many times worse than physical barriers to persons with disabilitiesand this is why Club 504 is so important and should continue at this law school. The students who took the time to begin this organization felt very strongly that sucha club was needed. Everyone, regardless of sex, age, color, race, etc., has the potential, sooner or later, to have special needs or disabilities. The recent passage ofthe Americans with Disabilities Act - ADA perpetuates the section 504 (Education) and 503 (Employment) legislative requirements. Usually in the Fall, a seminar course is offered which gives students the opportunity to explore issues involving persons with disabilities. This course was cancelled at the last minute prior to the start ofthe fall semester because the professor is teaching two first year sections. Usually in the spring, a course is offered that teaches students how to litigate handicap law cases but this course is always a last minute (dependent on last minute funds) kind ofsituation. So this year Club 504 is even more important as a means to enable law students to learn about this area of law. I have a very personal interest in Club 504 because I had to actually file a federal lawsuit against this law school and the university in 1978 as a last ditch effort to obtain accommodations for "my specific learning disabilities" handicap, after two years ofadministrative in-house - protections of the Section 504 Legislation. While it is difficult for a university or school to claim that a person in a wheelchair or using a cane or seeing eye dogis not "handicapped or disabled", there are persons with disabilities which are not visible or easily perceived or recognized and these students have had a very difficulttime gaining acceptance of (heir disabled status and accommodations for their "special needs". As a result of my situation and efforts to secure changes in attitudes and treatment of students with disabilities, thislaw schooland university is a kinder, more gentle and friendly place to be in. Changes in the law school came about in the fall of 1988 when the faculty voted to adopt new policies and the Special Needs Committee was created and organized to assist students with special needs. I returned to this law school in the fall of 1990and have been quite pleased with the progress,and the changes in attitudes and treatment which have been extended to me. I began my law degree program in the fall of 1976,and I will be graduating in 1992 -16 years to get a law degree has been quite a challenge, but I have learned much along the way and a lot of students across the country, particularly at law schools, have benefitted greatly by my efforts to bring about social change. I do hope that the students in this law school will be interested in keeping Club 504 going and I welcome students to call me at 832-3581 or drop a note in my box (#394) if they have any interests, questions, or concerns. Club 504 shares officespace with the SBA office. I hope that first or second year students will take over the organization of Club 504. Thank you. Angclatiott, 31. TheOpinion. 5 �Greiner (continuedfrom page I) Mcpherson! by Darryl McPherson Features Editor I don't hold much reverence for religion. It's not something I shout out to tell the world, but it's true. Discussions on the topic are usually provocative, so if you're easily offended, be warned. I don'tknow if I'm an atheist, but I'm sure I come pretty close. However, despite comments to the contrary, I don't worship the devil and I'm not a vampire. I wasn't raised with a particular religious background. The only times I've gone to church on Sundays were when the people who babysat me and mybrother took us, and when we visited relatives out of town (both times against our will). Beyond that, my only other major exposure to religion was my four year stint in a Catholic high school. That experience taught me a lot about morality; most significantly that I had more of it than many of those around me. Attending Canisius High School, a Catholic, all male, college prep school with a dress code, ran counter to everything I wanted to be. During my time there, I was an angry young man, and I didn'tdo much to hide myfeelings. However, despite my obvious hostility, I conducted myself in a civilized manner. I wasn't purposely cruel to my classmates, I didn't give my teachers a hard time, and I didn't lead what some could term an "immoral" lifestyle. But some of my Catholicclassmatesdid. And it went beyond the students. The administration lied to the students. Sure, that happens all the time, but is it proper in an institution that publicizes itself on the good values it can provide? I also witnessed a priest break one of the Ten Commandments. Ifthey can't live up to them, why should I? This isn't intended to be an indictment of the Catholic faith, but rather an example of the hypocrisy that frequently surrounds the religious community. Granted, boys will be boys, Catholic or otherwise, but then what's the point! If a Canisius student can be as amoral as any public high school student, there really isn'ta needfor the theological component. I think of myself as a relatively good person. I'm not a great person by no means. My capacity for kindness is guided primarily by a personal sense of whatit means to be good. By my definition, all it takes to be a good person is to respect otherpeople and to never intentionally harm anyone. True goodness requires selflessness and compassion on a grandscale- a level I'm nowhere near reaching. Still, I believe in honor and I try not to wrong anyone. I'm not into worship. If I owe anything to anyone, I can't see myself thanking an unseen force. Some people find comfort in the idea, and that's good. That I can't find the solace is probably my loss. I'll admit I haven't tried very hard to understand thesatisfaction religion can offer, but I know it's something I don't want to become involved in. It strikes me too much like mind control at times. It tells you what to think about certain issues, and how you're supposed So what does this have to do with the law! I'm 6 really a certain way, they want the law to reflect that belief. Then, in the case of America, we're left with a Judeo-Christian ethic underlying the tone of our laws. And the only thing standing in the way of its total control is the establishment clause of the First Amendment, effectively separating church and state. I, for one, am grateful for thatideal, but sure. The law is shaped The Opininn by what During his tenure as University Provost from 1984-1991, Greinerassumed responsibility for implementing many of the decisions made by President Sample, as well as taking the heat for some ofthe more unpopular ones. Despite his former affiliation with the law school, many students at U.B. Law and in other departments perceived Greiner as unresponsive or openly hostile to student demands during his tenure as Provost. From 1984 to 1986, U.B. Law was involved in the search for a new Dean, a search headed by the Provost's office. Although Greiner capitulated to student demands in 1984 by placing two law students onthe Dean Search Committee instead ofthe one originally proposed, TheOpinion reported in 1986that efforts to effectuate thatstudent input were frustrated by the Provost's office, when the SBA-chosen studentrepresentatives encountered lengthy procedural delays from Greiner's office upon submitting their candidates for Dean. More recently, frictionbetween students and the Provost's office arose when Greiner announced in 1989 thattheLaw School's prohibition against oncampus discrimination would be suspended. The move was criticized by students as having been calculated to fall immediately prior to the summer recess, thereby missing the notice of most of the student body. At the time, Greiner commented that the suspension was done in order to clarify whetherthe Law School had the authority to make such a prohibition. In a subsequent interview with law students to discuss the issue, Greinerrefused to allow the proceedings to be taped, exacerbating tensions between theProvost's office and the law school community. Dean Filvaroffpointed out during that meeting that motives for the suspension might have included the irritation expressed by some SUNY officials in Albany over the law school's anti-discrimination policy. Despite these and other reservations, Greiner is expected to be generally popular with the faculty ofU.B.s professional schools and the science departments, due to his generosity in allocating resources to those areas. His 24 year tenure with the University is considered useful, since he will need a working knowledge ofthe school in order to forge a better relationship with the state I'm forced to wonder if it's really just a sham. Jim Maisano told me during our first year that one couldn't be electedPresident of the United States without some kind of faith, and I believe it. The current President of this country advocates school prayer, and you can't be a Boy Scout without it. With the conservative tilt dominatingAmerican politics, a God-denying, non-Christian would be eaten alive. Does this mean (assuming I wanted the job) that I could never be elected U.S. President! Will I be forced to be "born again" just to attain a public office! Without a doubt, I am areligion basher. I don't think I'm in the same league as theACLU, but I know where they're coming from. In a country where family values are synonymous with church values, any particular church's influence on society must be checked. There may be nothing wrong with what the church espouses, butfor the minority that don't share that view, they need some protection. I've seen too manyanti-abortion protesters singing hymns and thrusting their interpretations of the Bible on others to dismiss the impact someone's religion can have on another person's lives. The greatest hurdle to homosexuality's general by Darryl McPherson, Features Editor September 3rd and 4th saw the latest Student Bar Association Ckass Director elections come and go. The 1991-1992 contest played out like those of previous years: the first year elections were truly competitive, while the second and especially third year elections displayed minimum involvement by their respective rack up 9 votes. Former director and cofounder of Students for Constitutional Concerns Jim Maisano got 5 votes. The sixth position produced a tie acceptance is a biblical interpretation thatthe classes. position. practice is immoral and sinful. Though I oppose school prayer, I have no problem with a group of students forming a club to discuss religion, with or without a The first year election turned out very tight. The new directors are Sarah Swartzmeyer, who gainedthe most votes with 56; Kevin P. Collins next at 53 votes; then Eileen Groark with 51. Kristin Graham had 50 votes, slightly better that Bridget Cullen with 49; and StephenLee rounded it out with 3 7 votes. Three candidates on the ballot and three write-in candidates split the second year election. As expected in such races, the candidates originally listed on the ballot did better than those that were entered as write-ins. Former first year director Hank Nowak led thepack with 45 votes, followed by another ex-director, Erik Marks, at 39 votes. The Opinion's Photography Editor, Michael Radjavitch came in with 38 votes. Leading the writein candidates was active National Lawyers' Guild member Scot Fisher, with 32 votes. Scott Rudnick had 25 votes, and former directorAida Reyes made it with 23 votes. The thirdyear election was the most surprising, despitethe fact that only one candidate appeared on the ballot. That sole candidate, Darryl McPherson, won easily with 47 votes The rest of the candidates were elected as write-in candidates. Recent transfer student Sabby Santarpia and former director Angela Gott were registered at the voting table and received 16 and 14 votes, respectively. Other candidates were elected as write-ins on the basis oftheir visibility in positions in various capacities around the law school. The Federalist Papers Editor-in-Chief Norbert Higgins managed to teacher's guidance. Religion in public schools should be treatedlike any other area of general interest. Kids have the right to explore any topic as a means ofsocial or intellectual growth, be it through chess club, varsity sports, or bible study. Butreligious symbols shouldn't be placed on public property, i.e., Nativity scenes during Christmas. The practice doesn't offend me, but I'm not comfortable with my tax dollars supporting it. The action, though seemingly harmless, does endorse a particular religion. As it would be too burdensome to represent every faith, it's best to display none. There's a generic Santa Claus if the desire to put out something is that strong. Recognizing that this country was founded on a desire to worship freely, I know my opinion is in the extreme minority. That's a big part of whatI like about America. Though unpopular, my perspective is protected. Thatis, unless I'm wrong,then meandmy to react. not society deems as good and right. Society, in turn, is formed by bodies of people with certain beliefs. When the majority of society believes his J.D. and L.L.M. from Yale University. In 1980, the fourth edition of The Nature and Functions of Law was published, of which he is the principle author. The book is used in courses at more than 50 universities and colleges. opinions can go to hell. government. SBA elections reflect apathy among students . between the surprised Federalist Society Vice Chairman Edward "Hans" Tirpak and SCC Co-founder and former director Marc Hirschfield , both with 3 votes. A run-off election would have been necessary, however, Jim Maisano declined the The firstSBA meeting on September 5 focused on introducing the new members to the procedures and workings of the SBA. Absent from the meeting were Sarah Swartzmeyer, Hank Nowak, and Scott Rudnick. However, Nowak and Rudnick were excused from the meeting due to prior commitments. The next deadline for submissions to The Opinion will be Monday, September 25th �Prison Task Force Orleans. Albion is a medium security by Mona Ingram JeffErtel described the Prison Task women's prison. The population is being Force Legal Research and Writing Course increased this year by 600. It will be the as the "best experience in the law school." largest women's prison in the state. The The Prison Task Force is a project ofthe Prison Task Force will go to Albion Tuesday nights. JanetZwick(Box#s6B)isthe National Lawyers' Guild and the AssoIt a coordinator this semester for Albion. ciation ofWomen Law Students. is Orleans isa medium security men's student-run program, organized to teach legal research and writing at Western prison. PTF will go to Orleans on ThursNew York prisons. There are three goals day nights. Rob Cheng (Box #41) is the ofthe program to help prisoners improve coordinator for Orleans. Classes begin at their research skillsand become jailhouse Orleans on September 26 and end on November 14. lawyers, to enable them to pass the DeGroveland is a medium security partment of Corrections (DOCS) exam, law women's prison. We will be going out to students about the and to educate Groveland on Saturdays and teaching two prison system. classes each Satruday. Jeff Ertel (Box The course lasts about eight weeks is the coordinator for Groveland. #360) and includes the following classes: InYou must sign up two days in adtroduction and How to Briefa Case, Statand vance order to be on the prison visiting in utes and McKinney's, Courts Court list so that can get into the prison. you Reporters, Encyclopedias and Digests, administration will not letyou Sheperd's, Legal Argumentation and The prison your Action, and into the name is not called prison if Causes of Article 78, Review Although each week before the class. in Exam. may two is students continuity important,law Each class is divided into seclecture a not be able to attend session. We every tions. There is a given by law to students fairly. you If student whichlasts 4 5 minutes. The rest will try rotate ofthe class is held in small group discusContinued onpage 8 sions which are led by the law students. The Prison Task Force Manual is onreserve in the library and has chapters which correspond to each class. This semester we will be teaching at three prisons Albion, Groveland and - - STUDENT The Graduate Group for Feminist Studies The Graduate Group for Feminist Studies is a faculty/student run group designed to facilitate discussion of feminist research across the disciplines. The Group is run by a steering committee consisting ofthree faculty members and three graduate students. The members come from a variety of departments and schools; currently, the steering committee members include Hester Eisenstein (American Studies), Lucinda Finley (Law School), Junko Kanamura (Education Organization, Administration and Policy), Candace Kanes (Women's Studies), Carolyn Korsmeyer (Philosophy), Joyce Kosinski (Women's Studies and English), Tracey Sedinger (English), and Reinhild Steingrover (ComparativeLit- The Erie County Bar Association/ Neighborhood Legal Services Homeless Task Force was created to meet the special needs ofthe Western New YorkHomeless and near homeless population. The immediate concerns of this population are a lack of food, clothing and shelter. Due to the urgency ofthese concerns, the process of seeking legal assistance to protect theirrights may not be a priority. Consequently, homeless people are often unaware of their legal rights. The purpose ofthe program is to go to the homeless and near homeless people and provide them with free legal assistance. By travelling to shelters and dining facilities, the Task Force is able to overcome many of the obstacles homeless people face when attempting to obtain legal assistance. The Homeless Task Force is staffed by volunteer attorneys and University at Buffalo law students, with support services provided by Neighborhood Legal Services, Inc. Five times a week, shelters and dining facilities in the Western New York area are visited. The visits last approximately two hours. During GROUP UPDATE In the Public Interest In the Public Interest, a review of law and society, is published bi-annually by the Center for Public Interest Law at the School ofLaw at the State University of New York at Buffalo. The Journal is committed to printing scholarly articles, commentary, and reviews which examine legal and social issues in their political and historical contexts. In the Public erature). Interest welcomes work from all perSince its inception in 1985, the spectives, as well as poetry, photography, Graduate Group has sponsored numerous and original artwork. In the Public Interseminars, conferences and other activiest is indexed in the Alternative Press ties. Each semester, the Graduate Group Index, and articles are carried by Westlaw sponsors several work-in-progress semiOn-Line information services. nars, in which members of the University There is no length limitation on Community whoseresearch is informed papers. Although articles are accepted by feminist thought, present their work to throughout the year, the submission deadthe Group's members and the general publine for full-length articles for the Winter lic. The Group also organizes a biennial edition was September 13, 1991. Howconference on new feminist scholarship, ever, thePublic In Interest also encourContinued on page 8 Homeless Task Force Continued onpage 8 Criminal Law Society The Criminal Law Society is an organization dedicated to exposing its members to every aspect of the criminal justice system. The Society is currently involved with the President of the New York State Association of Criminal Defense Lawyers, and U.B. Law Professor Mark J. Mahoney. Weare formulating a national brief bank to be used by criminal defense lawyersthroughout the country. Also, the possibility ofa National Association of Criminal Defense Lawyers Review is being discussed. This would be a great resume builder, a great opportunity to read some outstanding briefs, and an opportunity to work on a national publication. If you missed the organizational meeting on September 12,contact John J. Jablonski, Box # 141,or Miro Cizin, at Box #334. All are welcome. this time, potential clients are interviewed. The interview consists of standard questions concerning the individual's particular problem. Not only is an effort made to identify the issues concerning the specific problem, but the Task Force representatives attempt to identify other problems the person may have been unaware he/she had, like eligibility for public assistance, or an illegal eviction. The Task Force then attempts to solve the person's legal problem. The volunteer attorney may agree to take the case free of charge; a referral may be made to an appropriate WNY agency better suited to solve the problem; or Neighborhood Legal Services may take the case, free of charge. This is an excellent way to get great hands-on experience while making a difference in the lives of the people you will be assisting. There will be a training for volunteers at Neighborhood Legal Services on Friday,September2o,at2:oop.m. Ifyou are interested in becoming an HTF volunteer, please contact John J. Jablonski at Box # 141, by Wednesday, September 18. International Law Society by Michael Radjavitch, Photography Editor Lately, a number of rumors regarding the InternationalLaw Society (ILS) and its funding have been circulating throughout O'Brian Hall. Among these is the rumor that a Ford Foundation grant has been withdrawn from the upcoming InternationalLaw Conference. This grant, consisting of several thousand dollars, was to assist in covering the costs for the Public International Law segment of the conference, as well as defraying some of the general expenses incurred for organizing such a conference. According to ILS Co-President Joi Cary, thisrumor is unfounded. Although logistical problems may have caused the conference to be postponed until the spring semester, the ILS Conference Board still anticipates the grant to be approved. However, thisapproval is contingent upon definite commitments for the spring conference, which, given the recent postponement, have not yet been forthcoming. Joi Cary and othermembers ofthe Board, withthe advice ofProfessor VirginiaLeary, are actively pursuing this matter and expect a positive return. With regard to furtherfunding, the Board iscurrently seeking additional support from law firms and businesses in the Buffalo area, as well as major international firms around the country and in Canada. Of course, they have also held weekly bagel sales, as well as the first in aseriesof fundraising parties. This first party, held at The Library on Bailey Avenue, offered unlimited beer and wings over a two hour period for a five dollar donation. A large number oflaw students took advantage of thisopportunily to start the holiday weekend on the right foot, and future events promise to be even belter attended. )inion. 7 �Attica Conference Recalls Events of 1971 by Mono Ingram A conference to commemorate the 20 year anniversary of the Attica uprising look place on September 12 and 13 on the UB campus. Sponsored by the (iraduate Group on Justiceand Democracy, the conference included a panel entitled. "Attica Uprising Litigation Past and Present." On September I 3, 1971, the New York State Police were ordered by Governor Rockefeller to retake Attica. The prisoners ofAttica had taken over D-Block to protest the inhumane conditions under which they were being held. Prisoners' demands included better food, religious freedom, and relief from overcrowding. Hostages were taken by the prisoners, and protected by them up until the time that the state police invaded and killed 43 people. Ten hostages died ofbullet wounds. Although official reports fcJ v;..,V:' - - stated that the hostages had their throats slit by prisoners, all the hostages were found to have been killed by correctional guards and state police none had been injured by the prisoners, who had no guns. Once the prison was retaken, prisoners were forced torun the gauntlet a - hallway lined with broken glass while they were beaten by the guards. Big Black, a leader ofthe uprising, was one ofthose who was tortured, being forced to hold a football under his neck while he was beaten at his testicles. Michael Deutsch ofthePeople's Law Office in Chicago discussed his participation as a lawyer defending the Attica brothers against indictments, as well as his involvement in the civil case. Michael, along with Elizabeth Fink of New York City and Joe Heath of Syracuse are the plaintiffs lawyers in this case. Joe Heath started working on Attica as a first year law student in 1971. The National Lawyers' Guild has formed an Attica Litigation Support Committee. The committee will coordinate students to support the civil suit, being brought under 42 U.S.C. 1983. Volunteers will be needed to stafftheir downtown office, conduct legal research, serve subpoenas, conduct investigations and interview prisoners. Anyone interested in volunteering should attend a general meeting on September 25th at 5 p.m. in the first floor lounge, or contact Scot Fisher, Box # 88. ' ■ I ttllilH '•; St - - -': Hliliilli K^tSsS^-zl : jfl Hfc Who the hell is that ???? Yessirree, The Opinion would like to announce its first ever "Who the hell is that???" contest! We found Up photo in our files, and agreed that it was just too gosh darn funny to keep to ourselves. Take a minute out of your busy schedules, folks, and drop us a line in box #512 if you think youVe figured it out. The lucky winner will receive either a trip for two to Aruba, a really humongous cash prize, or gust maybe) FREEADMISSION,FOODAND FUN ATTHE UPCOMING OPINION RECRUITMENT PARTY!!!! GraduateGroup for FeministStudies (continued from 7) thereby allowing members ofthe University and Buffalo communities to hear the work ofrecent Ph.D.s. The Graduate Group has also organized lectures, film screenings and performances. In the past two years, speakers and artists such as Amber Hollibaugh, Charlotte Rutherford, Ruth Rosen, and Faith Ringgold have visitedU.B. through the Group's sponsorship. This year, the Graduate Group intends to publish a directory of feminist scholars, which would facilitate interaction among individuals pursuing feminist work throughout the University. We also need to update our mailing list. If you are interested in being included in and/or receiving the feminist scholars' directory, participating in the Graduate Group's activities, or presenting a work-inprogress seminar, please contact Tracey Sedinger in 302 Clemens Hall, Amherst Campus. (Entries must be received by September 30. Void where prohibited by taw. Opinion staff members, relatives, me person whose picture this is, and people who rifled through the office to find out the answer are ineligible to receive prize.) TRIP FOR TWO TO NYC FOR MARATHON! This event is in honor ofLinda Yalcm, a UB student assaulted and killed while running last year. We want to remember the tragic and senseless loss of her life and to recall her life and her ambition to run. Linda was training for the New York City Marathon at the time of her death. We hope that the University and Western New York running community will again jointogether to remind one another that we cannotbe held captive to our fears; they must be confronted and safety and not allow our controlled. We must take steps to ensure our lives to be controlled by fear. We want to develop an attitude and awareness in our community that we have a right to enjoy life and a responsibility to ensure our safety and the safety of others. Join with us as we race, run, jog, or even walk to appreciate Linda's special goal to run the NYC Marathon, and the commitment and pleasure she derived from it. We encourage everyone to participate in this special event. Proceeds from the run will again be donated to rape established by the prevention programming and a scholarship fund Yalem family. Over 1,000 runners registered last year. Join us this w~ *-— / lhlf\A MA I CkA LlrH/ri rnLCIVI . Urii/lOM Ollki DntlftUK'riLI t\Un «M> eft Vr 6 \jyMfi~t* t em f> fji *,'■ VrkAi*. —#\I *3Tj ~"l -2BBr~*\ \"J *T*» ! •■iSii' ' 5). C-V »'■ I •» *y J \} I **,* I J * . v v/ \ *' k . ~-~ year! DATE: Sunday, September 29,1991 (Rain or Shine!) START TIME: IfcOO a-m. DISTANCE: 5 Kilometers (3.1 miles) T.A.C. Certified Course NY9OO27AM. Start and Finish near UB Alumni Arena. Splits will be called at each mile mark. Water station on course. In advance, application postmarked by September 23,1991. REGISTRATION: ITPI{(continuedfrom 7) ages the submission of shorter length esname, social security number, address say, commentary and review articles in and phone number. For more information, addition to its publication of scholarly contact the Center for Public Interest works. The deadline for essay length Law in 118 O'Brian Hall, or call 636work has been extended to October 21, -2161. 1991. All articles should be doublespaced and submitted in triplicate. So that all submissions may be considered anonymously, submit articles with only Prison Task Force continued from 7) the social security number indicated on are planning on going to theprisons more top. In a separate envelope, include your than twice, you must go through an orientation and obtaina prison I.D. Watch the PTF bulletin board in the law student mailroom for more information on the In person, Friday, September 27, 4:00 p.m. to 8:30 p.m. or race day (September 29) from 8:30 a.m. to 9:30 a.m. onjy. Both days at University at Buffalo, Alumni Arena, (Amherst Campus). ENTRY FEES: AWARDS: Make Checks Payable to: Linda Yalem Memorial Run $12.00 (by mail or Friday 9/27 in person) Advance Registration: Race Day Registration: $14.00 T-shirt designed by Custom Tee for all participants U.S. Funds Only! • • • •• • The Opinion 8 Overall Male and Female Finishers Open Division Top Three Male and Female Finishers in five year age categories: (14 and under, 15-19, 20-24,25-29,30-34,35-39,40-44,45-49,50-54,55-59 60-64,65-69,70 and over, wheelchair) Top Three UB Student Male and Female Finishers Top Three UB Faculty/Staff Male and Female Finishers Top Three UB Student Fraternity and Sorority Finishers No duplicate awards PTF. n Ml . in ONLY I PSN/81 RACE USE be I i to UB 1 1 11NAME FIRST i 11 1 mSTAE I I I 11 I I 11 11 11 11 11 11NAME .AST i I 1 I 1 I I 1 I 1 I I IF UB FACULTY/ STAF TELPHON I IUMBER 1 all fIOWN/CTY fit State orphysicaly any or permit ng Stale verify York, Run. Date New adminstro, repsntaive, entryand my AGE iEX of I said State theiratendi g ac epting excutors,against spon rs, Arena, 23, Alumni Septmber Run 274 by Memorial Bufalo, postmarked Yalem in ofut re ther competing myselft,he and froorm for hereby ornow sufer d RELAS considerat Asociatn at Linda University (Must the or or in In (Parent/gudia I to for 1 S if of yourhemyirs,have I I all STUDENT SELCT atendreandl ase Universty,me brsthaatm me waive agents, 1 STRET 11 fiNf 18 at I and 11 I UB UB 11 I I SOR ITY Z/PIPR/OOSTVC.DE FRATENIY APLICBE 11 bound mayStudent injuriestforrhaceis. Dale legalydam ges years) forBuf alo, and/or suficently cintend laims York los es under and New trained 14260 rther in,ights andanyhave signature NY for and Bufalo, 1991) U n i v e r s i t y and particpate as igns TO: ESignature NTRIES MAIL be �Leary Interview (continued from one) organizations in Geneva. We had 6 U.B. students in Geneva in the program last summer. Q: Did your previous affiliations in Geneva help you in any way with the projects you wererecently involved with? A: Yes, especially knowing many people in international law activities there. In fact, the commercial arbitration opportunity came through a man I had worked with before. He isnow the Chief Arbitrator in this dispute. Also, the consulting that I am doing for the environ- became more pro-American than before. There was quite a strong feeling of support for Bush in France. The anti-American feeling prevalent during the Vietnam War was not present in the Gulf War. People were relieved in general that the U.S. had taken the lead. However, there was much more attention paid in Geneva and in France to the suffering ofthe Iraqi people and theKurds than I sensed in the American media perhaps because the International Committee of the Red Cross and the U.N. Refugee Agency are in Geneva. Q: Your thoughts about the economic integration of \ Europe? A: To some extent it will be a hard task to incorporate the Eastern European Countries and even Western European coun- - ment came through someone that I had worked with before. Q:Could you explain the environmentalproject that you were working on? A: In preparation for the conference in Brazil the U.N. is looking at treaties that have already been adopted on the environment to see how their enforcement and monitoring mechanisms may be improved and how future environmental treaties should be drafted to be more effective. They also want to find out if developing countries have ratified these treaties, and if not, why not? I wasasked to examine 7 ILO conventions on the working environment. The officials at UNCED believe that the enforcementand monitoring provisions of ILO conventions may serve a model of what ought to be done in the environmental field. Q: Do you seeyourself going back to continue work on the arbitration project or something similar in the near future? A: For the moment, no. Thearbitration continues, so it was necessary for them to replace me. But I will return to Geneva next summer and I will continue to be involved in international activities there every summer. Q:What were the backgrounds of the people you worked with in Geneva? A: There were three arbitrators working on the Suez Canal arbitration. I was the Assistant to the Arbitration Tribunal like the clerk ofthe court. The - VirginiaLeary's back in action at UBLa w. President is Greek. He had served with the ILO and is now a judge at the European Court ofHuman Rights. He is also Secretary General of the International Law Institute, which is a very prestigious body. He has a long career and is a very important official, but he's retired now. Another arbitrator is a French lawyer, whose practice is similar to that ofmajor U.S. international firms. The third arbitrator isthe Egyptian ambassador to the U.N. The lawyers were English, Egyptian, Swiss, and American. Q:What was the mood in Geneva during the GulfCrisis? A: At one point Aziz and Baker met there, so there was the sense ofactivity in Geneva. There was perhaps less attention paid to the Gulf War in Switzerland than in America, but there were a number ofdemonstrations against the war prior to the outbreak ofhostilities. The French - — r- tries that now wantito be admitted into the European Economic Community (EEC). The young in Europe are now beginning to feel European. In the cultural context their psyche has become European except in Great Britain. They have already abolished border controls between France, Germany, and the Benelux countries. People in the Benelux countries are already speaking four languages. But if is the interesting thing that Switzerland is now in a difficult situation. Historically, they've always prided themselves in being independent and neutral and now they are in a dilemma as to whether they should stay neutral and be isolated in Europe, or join the common market and lose neutrality. Q: If an American lawyer wantsto practice in Europe, how would he or she go about it? A: You may be a consultant to foreign firms on American law or work for one ofthe many U.S. law firms in Europe now Most ofthese lawyers advise American firms abroad or advise foreign firms trading with the U.S. They would normally not practice local law. But American lawyers may work for international organizations such as the U.N. or the ILO or nongovernmental international organizations. Q: For any student who is interested in doing what you are doing today, what kind ofadvice would you give them? A: Learn languages and obtain an advanced degree in international law. Europeans, I have found, are much better trained in international law than we are because international law is very important in Europe. International law is a compulsory course for anyone studying law in Europe and it is considered a foregone conclusion that law students will study it. For an American it wouldbe important to getan advanced degree in international law as well as learn to be fluent in a major language, such as French, Spanish or German. ~ ~v. ~, ; ~v Once again,the University UnionActivities Board (UUAB) brings us a semester filled with action, suspense, comedy, drama, romance and culture. The vehicles for this are the season film series offered this semester. The schedule for the next two weeks is as follows: <: |teoiil||firi. fIHT ■a 9/20&9/2 I 5:30 & 9:00 p.m. 11 9/20 & 9/211 | ,9/24,,- :i|||m. 7:30p.m. 9/27 & 9/28 6:30 & 9:00 p.m. 9/27 & 9/28 11:30p.m. LaTerraTrema(l94B) (Sicilian with English subtitles) The Godfather Part 111 (1990) The Front (1976) (Latenight) 1U I, |f|ifp|| |p.ri ~^^l^ll9|Tl!< Ji LaFemmeNikita(l99o) (French with English Subtitles) What's Lily (1966) (Latenight) ThreebyScorcese(l96B,74,76) ■'"■! ''"'iil|l||llllj||li! :i'llllll ; 1 All films will be shown in the Wold man Theater (Norton Hall on the Amherst Campus), except those designated as late night films. These late night films will be shown in Fillmore 170 in the Ellicott Complex of the Amherst Campus. Admission 9/30 '' ' 7:30 p.m. iii ' illl TheOpinion, 9 �From the desk of the President by Brian Madrazo, SBA President A full Board of Class Directors has been elected by the students in their respective classes. I would like to take this opportunity to welcome the class directors to the Board. I know that each ofthem will be committed to representing the interests of their respective classes and of the student body in general. I would like to remind everyone that the SBA Board ofDirectors Meetings are open to every student. They are currently held every Thursday at 5:15 p.m. in 109 O'Brian Hall. The location and timemay change in the future so check the glass case in front of the SBA office in 101 O'Brian periodically to find out the meeting times. The minutes of the previous Each class director is required to week's meeting and the agenda for the sit office hours. The hours are posted upcoming meeting will also be posted in the glass case and on the SBA bulletin according to class outside the SBA office. Let us know if you are finding the board in the mail room. If you wish to get office closed when someone is scheduled on the agenda of an SBA meeting, put a to be there. SBA Treasurer Daryl Parker's note in SBA Secretary David Chien's office hours are Thursdays from 3 to 5 mailbox by 4 p.m. the Tuesday before the p.m. and by appointment. SBA President Thursday meeting. Include your name, Brian Madrazo's office hours are Monthe business to be discussed and a phone days from 9to 11 a.m., Wednesdays from number where you can be reached. A briefrundown on what the SBA 3to 4 p.m. and Thursdays from 2 to 3 p.m., and by appointment. Please feel free to has been doing finds that the SBA offistop by and let us know what's on your cially recognized two new student groups on Thursday, September 12,1991 during mind. possible, but in order to fill the rest a suggestion has been made that students volunteerto work in the lab. Each volunteer would be expected to work approximately eight hoursper week. They would be trained and would have access to free laser printing and, while on duty in the lab, access to their own computer. SBA will be circulating a letter describing this in more detail and would appreciate regularly scheduled meeting. The party tentatively scheduled for your suggestions and comments. If you are interested in volunteering leave your the 19thhas been postponed due to booking problems. A date will be discussed name with the SBA. Finally, the SBA's Appointments during the meeting on the 19th. If scheduled, SBA will post the time and day on Committee interviewed approximately 50 applicants in order to make appointSeptember 20. The computer lab is nearly ready. ments to the faculty-student committees However, how it will be staffed is still up and student committees. The SBA will vote to confirm the Appointment Comin the air. At this point the lab is scheduled to be open 9 a.m. to 9 p.m. Monday mittee selections on September 19 and a through Friday, 12 to 5 p.m. on Saturdays full list will be published in thenext issue and 12 to 10 p.m. Sundays. Work study ofthe Opinion. That is all for now. Any students will fill as much of that time as suggestions or ideas you may have would be welcome. our second Board meeting. SBA would like to welcome the Sports and Entertainment Law Society, as well as Circles, a women's law journal, as new student groups and encourages students who have an interest in these groups to attend their meetings and get involved. SBA will be voting on the budget requests ofthese two groups September 19, 1991 during our Senate Confirmation Hearings (cont. from page 5) It should come as no surprise that there wasa marked dichotomy of opinion on this issue falling more or less along partisan lines. Whereas conservative members of the Judiciary Committee called for an objective appraisal of the nominee's qualifications, liberals called for an ambiguous two-tier test. Chairman Biden as well as Senators Kennedy am' Leahy pointed out in their additional views ofthe Senate Judiciary Committee's Executive Report on the nomination that there were twodistinct tests that every nominee must pass before confirmation. The first inquiry hreshold" or addressed the "prerequisite" issues such as competency, integrity, honesty, and temperament. The second inquiry questioned whether the nominee was committed to the "fundamental" or "core" rights and values central to our traditions and history ofconstitutional democracy. The ambiguity of these upper level criteria leaves much to question: What rights? Whose traditions? Fundamental at whatpoint in history? Who determinesthe minimum level for acceptance? Evidently, confirmation criteria has vacillated over time depending upon whowas being nominated and by whom. Kennedy, who clamored so loudly during the Souter hearings for indications thatthe nominee would vote to uphold values that he subjectively considered important, was squarely against such criteria in the debate over the nomination ofThurgood Marshalla nominee closer to his own ideology. Biden has also called for limiting questioning to first tier criteria during the confirmation of candidates he personally favored such as Federal nominations by President Carter and Justice Sandra Day O'Connor. Republican membersofthe Senate have also guiltyof changing their approach to questioning judicial nominees in order to suit partisan goals. During the confirmation hearings of Justices Marshall and Abe Fortas, while the majority of Democrats called for first tier qualification testing, many Republicans including Senator Strom Thurmond, were more than willing to grill candidates they opposed on second tier ideological grounds. Apparently, the roles have stayed the same, bu the actors playing - 10 The Opinion the parts have changed depending upon which party has nominated the particular candidate. Whether a senator has subscribed to the theory that a nominee should fulfill onlythe first tier judicial competency qualification, or additionally pass the second tier ideology test depends on which one of the two scripts the Senator happens to be holding. The frequent reversals on positions donothing but undermine the basis for making the claim for second tier ideological testing. Evidently, the level of questioning criteria that a senator considers appropriate is simply a matter of political convenience. I too think that abortion and privacy rights are some of the most compelling issues before the modern Supreme Court. But if the only nominees who are confirmed by the Senate are those who make assurances to uphold the position thatamajority of the senators happen to hold, what would happen to those very samerights when a majority of the same Senate are decidely set on rejecting any nominee who supports such rights? It works both ways. Issue-specific confirmations represent nothing butpolitical windmills which can change at the whim of the majority and will contribute to the erosion of the age old concept that the Court (if only theoretically) existsas a "counter majoritarian brake" to protect even unpopular rights which are supported by the Constitution. The electionrhetoric espoused by certain senators certainly does not help to distance the Court from the political vicissitudes of society. Searching for assurances on political issues before the Court which reasonable people can and do disagree with only contributes to undermining the credibility of the Court as an institution of unbiased justice. In seeking ideological assurances, the senators are asking for the answers that they do not want to hear. I do not think thatanyone wants individuals sitting on the Court who have determined the issues before they have heard the relevant factsof a particular case. One must also consider theopposite extreme: a nominee could make all the correct answers to assauge the fears of the Senate and be successfully confirmed and then once on the Court make decisions that are quite different from his or her intitial assurances. Admittedly, I am unsure of whatthe prescription for change should be in lightofall the politicalrealities that make up the confirmation process and the Courtitself. It could be productive to see moreadvice - - theallbut forgotten part of "advice and consent." If half the effortinvested by senators and lobby groups searching for information to smear nominees was implemented to searchand make cases for qualified and mutually acceptable candidates, chances are that the whole process could function much more smoothly. Even though Washington is an inherently political environment, the conceptof meritocraticappointments to the Supreme Courtis notthatfar- fetched an idea. I would much rather see a qualified individual like Ford's successful nominee Justice John Paul Stevenson the bench than Nixon's failed nominations of ClementF. Hayns worth or G. Harold Carswell. It seems to me that there is presently far too much concern with implementing principles than with placing principled people on the Supreme Court. A new standard must be above the trenches and firinglines ofordinary partisan politics. When evaluating a nominee the Senate must find and maintain neutral criteria that both conservatives and liberals can agree upon: Does the nominee possess the aptitude, experience, temperment and competence befitting a justice of the Supreme Court; and has the nominee not violated ethical standards on the bench? In such a schema, the Senate can best fulfillitsconstitutionalrole as a check against the president making an incautious choice. This is not to say that the Senateshould merely "rubber stamp" any nominee that a president cares to propose. Senate scrutiny of nominees needs to be acute but it must be implemented in an even-handed fashion. As aSupreme Court justiceis endowed with a life term, it would be ridiculous to confirm only those individuals whose views are deemed "politically correct" at one distinct moment in time because their tenure willfar outlastthe tumultuous issues of the day. Regardless ofwhat one thought of the personal opinions of a nominee like Bork, one must concede that he was a very learned and experienced candidate who had given nearly a lifetime ofthought and consideration to constitutional issues. If Bork was rejected because he felt that his rigid adherence to certain beliefs were so strong that it would bias or impair his judgmenton the Court, then the Senate was certainly justified. But if he was rejected simply because he held political views, then therejection ought to be suspect and there must be some serious questioning of the process. The rejection is also suspect considering the overwhelming majority of the Senate that voted to confirm Justice Anthony M. Kennedy, a nominee whose conservative views are similar to Bork's. Some theorize that Kennedy was confirmed because his views were less clear at the time than those held by Bork: others claim that the Senate was simply drainedfrom alongand arduous political battleand Kennedy seemed to win by defaultas the best that could be expected from the conservative Reagan administration. Another theory, not often addressed, is that Kennedy's midNovember nomination and later confirmation occurred after the 1987 congressional and state elections. Party platforms were buttressed through a plethora offree media publicity and afterward it was time to go on with business as usual. The legacy of the Bork rejection isthat certain senators and lobby groups got a taste of what their power could achieve; by flexing some politicalmuscle and alittle constitutional creativity, certain factions discovered that they could make advances on the Court which they were unable to achieve at the polls. President Bush may have won the battle in getting Souter confirmed, but it seems that the circumscription of his choice may indicate that the Senate won the war. Although it has yet to be proven that such recent developments will intrinsically weaken or undermine the Court, I do not think thatanyone would argue that the potential danger of "stealth candidates" is great. David Koehler �The Docket TheDocket What: Where: When: Lowdown: What: Where: When: Lowdown: What: Where: When: What: Where: When: Lowdown: What: Where: When: Lowdown: Students for Constitutional Concerns Meeting. First Floor Lounge, O'Brian Hall Thursday, September 19, at 2:00 p.m. Topic: What is the Government's Role in Ensuring The Concept of Equality? NeighborhoodLegal Services Volunteer Training. Neighborhood Legal Services, R00m495, Ellicott Square Building, 295 Main St., (716)847-0650. Friday, September 20, at 2:00 pm. If you are interested in becoming a Homeless Task Force volunteer, contact John J. Jablonski at Box # 141. Charles S. Desmond Memorial Moot Court Competition. Case material can be picked up in the Law School Mimeograph Room. Outline of arguments are due Monday, September 23, from 9:00 a.m. 5:00 p.m. in Room 11, O'Brian Hall. National Lawyers' Guild Attica Litigation Committee Meeting. First floor lounge, O'Brian Hall. Wednesday, September 25 at 5:00 p.m. Michael Deutsch, Attorney for the Attica Civil Litigation Suit, will discuss42 U.S.C. 1983 suits. What: Where: When: Linda Yalem Memorial Run. U.B. Amherst Campus. Sunday, September 29, at 10:00 a.m. (Rain or shine). To qualify, all group registrations must be collected and submitted at the same time to Race Director Nan Harvey, Room 274 Alumni Arena, prior to Sept. 27. For more information or additional applications, call What: Where: In the Public Interest call for papers Drop off in ITPI office. Essay length work due by October 21, 1991. What: Where: When: Lowdown: Speaker J. Gardiner Pieper Room 106, O'Brian Hall. Thursday, September 19, at 2:00 p.m. Learn more about the Pieper New York State Multistate Bar Review Course, the New York State Bar Exam, and the Multistate Professional Responsibility Exam, - Sunday, September 29,3: 00 p.m. Altar ofthe Earth: The Life, Land andSpirit ofTibet Anthropologist Peter Goldwillopen the prestigious Hayes Lecture Series with this fascinating multislidepresentation. An excellent introduction to Tibet. Buffalo Museum - ofScience Auditorium, 1020Humboldt Parkway. Sunday,September 29,7:30p.m. Tibetan Reflections PeterGoldwill read from and discuss hisliterary work on Tibetan refugee life and the enduring struggle to preservea culture in exile. Calumet Arts Cafe, 56 W Chippewa St. Monday, September30,7:30 p.m. Circle ofthe Spirit: The Sacred Journey ofTibetans andNavajo Indians PeterGold specializes in comparative study ofNative Americans and Tibetan. He will present a multi-slide lecture on this intriguing subject. Kiva Room, Baldy Hall Tuesday, October 1,7:30p.m. Tibetand U.S. Foreign Policy: WhereDo We GoFrom Here? Lecture by Michelle Bohanna, founding directoroftheInternational Campaign for Tibet, whohas been instrumental in thepassageofU.S. legislation supporting the Tibetan people. Unitarian UniversalistChurchofßuffalo, Alliance Room, 695 ElmwoodAve. Wednesday, October 2,7:30 p.m. Sounds of Peace Flute concert by Nawang Khechog, Tibetan flute player from Australia. Come and enjoy this soothing audio-visual performance accompanied by slides ofTibet. Unitarian Universalist Church of Buffalo, 695 Elmwood Aye. - 636-3141. When: Lowdown: What: Where: When: Tibet Awareness Week Graduate Group on Human Rights Law and Policy General Meeting 1st Floor Lounge, O'Brian Hall Wednesday, September 25 at 3:30 p.m. Topic is a planning meeting for Human Rights Week. Mike and Ron's Beer Drinking Party. 492 Lisbon Avenue, Buffalo, NY. Friday, September 27, at 10:00 p.m. Beer is good. Beer is our friend. Because everyone needs a friend. What: Where: Tuesday, October 1, at 3:30 p.m. The speaker is Michelle Bohanna, the funding director of the International Campaign for Tibet, who has been instru mental in the passage of U.S. legislation supporting the Tibetan people. Sponsored by the Graduate Group on Human Rights. Lowdown: - What: Where: When: Lowdown: Lowdown: When: Tibet Awareness Week Buffalo Science Museum, 1020 Humboldt Pkwy. September 29 October 6,1991 For further information, call Martin McGee at 834-3991. Thursday, October 3,7:30p.m. Mind: Tibetan Buddhism andModern Psychology Lecture by the Venerable Shyalpa Tenzin Rinpoche, meditation master, scholar, andhighly esteemed lama in theKagyu and Nyingma lineages ofTibetan Buddhism All proceeds benefit theRangrig YesheBuddhist Studies and Meditation Center in Stockbridge, Mass. East-West Books Lecture Room, 3588 Main St. - "Tibet and U.S. Foreign Policy: Where Do We Go From Here?" First floor lounge, O'Brian Hall. L TheOpinion, 11 �r ■ y« m — mmmmmmmmmtmmm ��save ;C YOURLiJ ~7 *■* ~* BAR/BRI Leaves Nothing To Chance. tmrmm BAR REVIEW The Nation's Number One Bar Review. 1500 Broadway, New Yor*. NY 10036 (212)719-0200 (800)472-8899 (201)623-3363 (203)724-3910 FAX (212) 719-1421 20 Par* Plaza, Suite 931, Boston, MA 02116 (617)695 9955 (800)866-7277 FAX (617) 695-9386 12 The Opinion |H � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-09-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/17/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/057b569699ac3612279ce40563266b70.pdf a85541b8269cbba47527d7c8418c495d PDF Text Text me32, N0.2 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 3, 1991 Corporate Crime Focus of New Student Group Andrea Sammarco, Managing editor Corporate criminals may find themselves in therare and unenviable position ofhaving to watch their collective "posteriors" if a small but growing number ofUB Law Students have their way. Joseph Belluck, an" enterprisingfirst year law student, has found time amid the rush of classes and academic responsibilities to establish what he characterizes as a "badly needed organization" hereatUßLaw. The new groupisknown as "Law Students For Corporate Accountability." This student organization, will be dedicated to fighting corporate crime and combatting the influence that corporations are exerting over our nation's legal system and legal education. Although it has yet to be approved for S.B.A. funding, this fledgling group has already attracted the attention of a number of UB law students. Many interested individuals recognize the need for lawyers to combat the increased use by corporations of subversive tactics, whether to insulate their products from damaging publicity or discourage citizens from speaking out on corporate misbehavior. Such tactics are as creative as they are numerous. One example is the use of SLAPPs (Strategic Lawsuits Against Private Persons), filed by corporations to intimidate public interests groups. The amount of money and time required to respond to a SLAPPissogreatthatany victory the interest group orindividual may eventually acheive is often pyrrhic. Another tactic involves the introduction of "product disparagement" billsinto state legislatures, oneofwhich was recently made into law in Louisiana. The law in Louisiana specifically vests in aquacultural or agricultural companies the ability to bring suit against anyone whom they consider to have defamedtheirproduct, without possessing the proper scientific information required to back up the claim. By the end ofthe "80's, Wall Street was no longer a safe haven for white collar criminals Although this cause of action already exists at common law, theLouisiana law places on the interest group or individual the affirmative burden of proving that the claim is scientifically plausible, rather than having the manufacturer demonstrate thatthe claim is false. For example, during the ALAR scare, individuals responsible for claiming that ALAR was toxic to humans would have that the scientific evienon ofcorporate crime, in order to prepare dence which they relied on was more comlawyers torecognize and combat it. Belluck pelling than competing claims. hopes to obtain some backing from mdividua Law Students For Corporate Accountfaculty members for this project, if not from ability" wasthe brainchild ofJosephBelluck, the assembled faculty of the law school. who has spent the past 3 years working in Onlyafew otherlaw schools haveestablished Washington, DC for Ralph Nader's Center such courses, but already a textbook on business crime, as well as three or four for the Study ofResponsive Law, a corporate and government accountability watchworks, have been made available to prodog organization. Belluck hopes to transfer fessors interested in teaching such a course. some of the ideas and strategies he learned Belluck feels that ÜB's reputation as a during those years to the group, and to progressive law school makes it fertile mobilize the potential power of the law ground for this course. His attitude may be school and its students in the process. representative of more than a few UB stuBelluck's introductory flyer states that dents, who have noticed a disturbing trend "There isa dangerous lack ofattention being in thecontentandstyleofthe more traditional paid to the effortsofcorporations to insulate law school courses, such as torts orproducts themselves from legal action and to create liability. Somehavequestioned.forexample, legal mechanisms to prevent citizens from the use of a textbook in torts which is coauthored by an individual famous for his holding corporations accountable for busivirulence in pushing for tort reform in the ness crimes. As part ofthis effort, corporations are attempting to stripaway the ability U.S. Belluck likened it to, "Using a textbook of citizens to exercise their fundamental written by Randall Terry in a classabout the abortion debate." constitutional rights." One way of doing this is to inform the For those students interested in learning students of the sympathies of the firms they more about Law Students For Corporate intend to work for. "People know who their Accountability, an introductory meeting will prospective employers are, but they don't be held on Monday, September 16, at 5:00 know when they represent corporate crimi- pm in thefirstfloor lounge. More information nals," says Belluck. He feels that law may also be obtained by contacting Joseph students have aright to know those sympaBelluck at Box #616. thies before they are in the position ofhaving a dilemma of conscience once already on the payroll of a specific law firm. Another reason-for the group's existence will be to push for a new course offering, which will focus primarily on the phenomto present to a court LALSA Announces Spanish Lessons for Law Students SBA to Get a New Lease On Life by Brian P. Madrazo From the Desk of the President To those students who missed the Orientation issue of the Opinion I and the SBA would like to Welcome you back and wish you luck in all your endeavors during the coming year. It has now been approximately three weeks since we returned and much has been happening. Here isan update on where we were, where weare and where we are going. WHERE WE WERE: In May two decisions were made that will affect students dramatically during the coming year. Through the efforts of Dean Cookand the S BA the fourth floor lounge is being converted into a MAC lab complete with fifteen MACs, draft printers and two laser printers. This room will be open in September and, bestofall.it will berestricted to law students and, but for the dime per copy for laser printing, will be free. In conjunction with the transformation of the fourth floor lounge intoaMAC lab Dean Cook and the SBA are refurbishing the first floor lounge. Painting has been completed and a new carpet is scheduled to be installed in September. For your information the painters told me that, in their opinion the room had not been painted since the original coat of paint had been put on in 1974 when the building was built,a somewhat discouraging piece of information. The decision has been made to designate the first floor lounge a common area and therefore, in accordance With New York Law which mandates thatall common areas be smoke free, will be smoke free. Hiding behind thelaw aside the decision isalso one ofpracticality. We have only one lounge, we have justmadea sizable investment in it and the lounge should be accessible to all students. If it was designateda smoking lounge then the potentialfor damage to the lounge from smokeand cigarette bums(and if you don't believe me wander in and look at the burn marks on the floor) combined with the fact that many students would not be able to use the lounge makes useless the investment. SBA and Dean Cook are currently working onan alternative smoking area. Honestly, I am not overly optimistic but the effort will stillbe made. To that end I would verymuch appreciate suggestions from students. Secondly ,the formal decision to scrapthe TA's for Research and Writing was made. They will be replaced by Professors who will teach aResearch and Writing course in the spring semester in lieu of one seminar. Therefore, approximately ten seminars will not be taught this year, a loss ofabout 180 class seats, thus mandating the reduced seminar requirement for second and third years. Potentially this newResearch and Writing program could be very successful. But there are a tremendous amount ofifs...lf professors volunteer to teach (as of August 27, 1991 not one has)...lf the professors are willing to put in the number ofhours needed to teach R & W (mull that one over on your own..)lf solid requirements are drawn up and communicated to the students (as of August 27,1991 no requirements have been drawn) and so on. Rather than playa waitand see attitude the SBA is creating a committee on R & W which will be announced on Monday 9/16. Its mission is to monitor this program and make suggestions, proposals and provide direct student input in to the decision making processregarding R&W. In thisage of the annual budget crisis how the administration, faculty and students react to this situation is, I believe, a defining moment for UB Law. It is likely that crisis' such as the one over R&W will occur again in the future continued on page 10 In This Issue: SBA Class Director Candidacy Statements Student Commentary Student Group Descriptions Spring 1991Grade Chart "The Docket" 3 5 7 ...9 11 The Bilingual-Education Committee of the Latin-American Law StudentsAssociation (LALSA) is offering this year a unique and innovative program: Spanish for Lawyers. The vast number of Spanish-speaking immigrants in the U.S. has increased the need for Bilingual legal services. Spanish for Lawyers, by teaching Spanish "legalese" tonon-Spanish speaking members ofthe legal community seeks to ultimately improve the quality of legal services to Hispanics. Learning Legal Spanish will also improve your marketability as a lawyer in many parts of the country. The program will run 8 weeks, from mid-September to mid-November, and will conclude for the fall semester before Thanksgiving. Several time-slots will be available for the informal, student-taught, 1 hour weekly lesson. The focus will be on conversations that may arise in a legal context, includingregular and legal vocabulary and the major verb conjugations. No knowledge of Spanish is required, but some high school or college Spanish should be very helpful. No homework will be assigned. In addition, an optional coffee hour will be held for all groups, once a week, so that students can interact with instructors on a more personal, one-to-one basis, and ask more specific questions orjustpractice what they have learned. For more information stop by the LALSA Office, or leave a note in box 248. �•' ■*• • » ••' • * The Bar Course That Cares^S^^^^^fl For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (516) 747-4311 2 The Opinion �SBA Class Director Candidacy Statements EILEEN GROARK 1L CLASS DIRECTOR SARAH E. SWARTZMEYER 1L CLASS DIRECTOR Hi! Let me introduce myself, my name is Sarah Swartzmeyer. I'm a twenty-two year old graduate of SUNY Stony Brook and a native Buffalonian. Before I get into explaining to you all the reasons why I feel you should cast your vote for me, let me first thank you for taking some of your extra time, of which I know we all seem to have very little of lately, to consider me as your candidate for First Year Class Director. Trying to figure out how to brief cases, meeting new people, reading all our lengthy assignments, finding our way around campus, and listening to some seemingly dry professors are just a few ofthe initial challenges which have been placed before us as first yearlaw students at ÜB. Luckily, we're all in this together and witha little help from our new friends, and maybe some extra strong coffee, I'm confident that our spirit and support will pull us all through successfully. In case you did not already know, the SARAH E. SWARTZMEYER positions of First Year Class Directors are quite demanding. They call upon only six people to accurately represent the opinions, voices, interests, and beliefs of hundreds of individuals. In spite ofmany ofthe inherent impossibilities which a system like this may normally present, I know that I possess the necessary qualities, experiences and qualifications to represent each of you successfully. I'm outgoing, intelligent, and imaginative. I've had much experience in leadership roles throughout college, I've been a representative in numerous student organizations, and I've been involved in many different types of clubs for as long as I can remember. I also happen to liveclose by, in Amherst, which affords me the unique opportunity ofbeingavailable to help outat all times. (Including vacations, breaks and weekends!) In addition, I feel that I possess a rare understanding ofthe make-up of our class as a whole. I see that, not only are we hard working, dedicated, serious individuals but, we are also a fun, social, enjoyable group as well. I'm confident in the fact that, as your First Year Class Director, I will be able to draw upon all of these meaningful personal resources in order to demonstrate to you my true assets as your elected representative to the SBA. In conclusion, let me just say that, above all else, I am dedicated to the job. I do not want to be a passive recipient of the various decisions SBA makes about Financial, Social, or Academic matters and I hope that you don't either. So please, vote for me, Sarah Swartzmeyer, and let me be your active voice in the SBA. Thank you and good luck to everyone! CHARLES J. GREENBERG 1L Class Director I would like to announce my candidacy for the position ofStudent Bar Association Class Director. I feel that my experience as an undergraduate here at the University [of My name is Eileen Groark, and I am currently running for the Student Bar Association office ofFirst YearClass Director. I recently graduatedfrom SUNY Albany, with a B.A. in political science. I am extremely enthusiastic about starting law school at ÜB, and I would greatly appreciate the opportunity to use my enthusiasm as a class director of the SBA. serving you as an SBA Director. I intend to do just that — serve you. I will do my best to make certain that the wants and needs of the first year classare communicated to the SBA. I'm excited to be a member ofthe Ist year class (section 3 - yeah!), and I'll do what I can to make this both a fun and productive year for the SBA! Thanks! KEVIN P.COLLINS 1L CLASS DIRECTOR - I believe that I am qualified for three reasons. First ofall, and quite simply, I have a sincere, genuineinterest in the interactions between the students and the school and its administration. I, like any other student (and correctly so), want to get my full moneys worth out of both my tuition and Student Activities fee. I shall work to the best of my abilities to ensure that we, as students, do get our just and fair value for our money. Secondly, I went to a City University of New York (CUNY) college. I attended college full timeand worked full time (over forty hours per week). While this did not afford me the time to join extra-curricular activities (in fact, it gave me very little orno CHARLES J. GREENBERG Buffalo] has prepared me for this position. Moreover, I have several goals which I would like to accomplish shoulc I become a class director. As an undergraduate, I served for two years as a member of the Undergraduate Student Assembly." During my tenure, I helped promulgate several important pieces oflegislation, including a bill that condemn biased related crimes. My executive experience including serving as a secretary for the Jewish Student Union from 1988to 1989 an din the same capacity for the Israel StudentOrganization from 1990t01991. As an ISO officer, I had to organize several events, including lectures, an Israeli cultural fair, and correspondence with various publications, including the undergraduate newspaper, The Spectrum. I feel that these positions have prepared me for Class Director in two ways. First, because of this work, I understand how to get things done, especially in the area of organizing eventsl. Second, and perhaps more importantly, I believe that these achievements have made me more sensitive to the ideas and issues that are important to others, for example, the Student Assembly is a very diverse body ofpeople, representing essentially everybody. From working In such a body, I feel that I have learned to see the merits in everyone's arguments and to negotiate compromises that would satisfy those involved. Moreover, from working with the ISO, essentially the same can be said. Even though the interests of an international club are obviously more narrow than a general assembly, there were still competin'. interests and ourlooks, which made it necessary to understand as many points of view as possible. With this in mind, there are several tilings I would wanttoaccomplish asan SBAClass Director. First, I would want to insure that everyone has a voice in SBA. I feel very strongly that no one should be excluded for any reason of personality, particularly on the basis of race, religion, ethnic origins, lifestyle orideological positionl. SBA should be as open and impartial as is possible. Second, in order to facilitate good communications and relations, I would meet frequently with the presidents of current SBA recognized boards to determine whatissues concern them in relation to SBA. Third, I would keep regularly scheduled officehours so thatany law student whohas an issue with SBA can discuss it with me. One specific goal that I have is to create a society dedicated to studying Euorpean and SovietLaw. I feel that, withthe events in the Soviet Union occurring as they are, that legal knowledge of this country will be necessary for anyone considering international law. Overall, I feel I am capable to bea good SBA Class Director. My experience in similar areas has prepared me well for the challenge ofworking with SBA. Moreover, I feel that I have several worthy goalsthat I would like to accomplish in my tenure as SBA Class Director. EILLEEN GROARK My main concern as a director would be with insuring that the wants and needs ofthe first year class are communicated to the SBA. I wish to serve as a representative in the true sense of the word, by basing all of my votes and actions as a director on feedback received from the first year class. I have some experience in working with student government. As a sophomore in college I served as a member of the Academic Affairs Board of the Student Association. This board met in an effort to convey the position of the student body to the faculty and administration, concerning various academic issues and policies. The board also allocated fundes to advance academic activities oncampus. I also served on the Board of Evaluations for Existing Organizations, which served to evaluate inappropriate actions taken by the organizations which were receiving Student Association funding. I recognize that I have a great deal to learn about this law school and about the SBA. If the first year class chooses to place me in this position, I will devote my efforts to learning how I can best serve the class. Thank you for your attention to this statement, and I would greatly appreciate your KEVIN P. COLLINS free time), it did put me "in touch" with the special interests and concerns of working students, part time students, and those students, like myself, who took courses in the evening. They (we) pay the same tuition and fees and , accordingly, are entitled to the same benefits. I, again, shall work to the best of my ability to see that this is so. Finally, a work related experience gives me the impetus to run for class director. I worked as a doorman during my college years to pay my tuition and to support myself. Here, I was elected by my covote. workers to be their shop steward, or the BRIDGET CULLEN for them to the union to which representative IL-CLASS DIRECTOR A number of issues arose in belonged. we Hi! I'm Bridget Cullen and I graduated to I represent one, ifnotall, ofthe which had from SUNY Buffalo this past spring. I'm to management and/or the union. employess familiar with SUNY policies and proceissue stands out. ManageOne particular dures, which I feel will be useful if I am ment to vacation benefits away tried take elected as an SBA Director. contract a negothrough our guaranteed by I'm enthusiastic about the prospect of tiatedlabor bargaining agreement. I filed a petition for the employees to my union and the National Labor Relations Board and I also filed a grievance against management. Aftcra while, convincedof our seriousness and faced with the reality of arbitration, management restored our vacation benefits. This example points out thatno matter what the specific issue or question may be for us, as first year law students, be it concerns over die research and wri ling course, I ibrary hours, tuition payment, resource allocation, or anything else, I shall do the best of my abilities toensure that weallrccccivc that to which weare entitled (and maybe a littlebit more). Best wishes to all law students and I thank you. BRIDGET CULLEN More Candidate Statments on page 6 >»» TheOpinion, 3 �opinion Volume32, N0.2 | e% EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: September 3, 1991 John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson Vito Roman Michael Radjavitch Editorial When President Harry S Truman was asked what his biggest mistake was he recalled hisappointment ofThomas Clark to the United States Supreme Court. Itis enlightening that Mr. Truman, a man many believe singlehandedly unleashed the cold war and the nuclear arms race upon the unsuspecting world in a flash of brillant radiation that killed enough people to be measured by scientific notation, felt the nomination ofa Supreme Court Justice was his greatest mistake. In the past few years we've seen more Supreme Court Justices nominated than the time when George Washington had his wooden teeth in a cup on his night table. Within the past decade Justice Sandra Day O'Connor, Justice Antonin Scalia, Justice Anthony Kennedy and Justice David Souter have all been placed onthe bench. Have we become jadedand blase over this seemingly regular phenomenon? In the halls of this school thereis surprisingly little saidabout JudgeClarence Thomas and the views he will bring to the highest court in the land. Have people spent all their energies on Robert Bork and Douglas Ginsberg then gone away to congratulate themselves on political activism while Justice Anthony Kennedy is comfortably seated and Justice David Souter is serving coffee, croissants and doughnuts to the senior membersofthe court? This is the onlyrational time in a budding Supreme Court Justice's career that the public can exert its influence: we can prevent or support a nomination, but once on the bench the forceof popular will is replaced by the United States Constitution. That is as it should be. There is no room in the United States Constitution for political pressure upon a lifetime tenured judiciary. Which leaves the present interim in the nomination process for people to make their positions known regarding Clarence Thomas. Perhaps the most telling indication of student awareness and participation is that many students don't have a position regarding Mr. Thomas. If this is a sign of the times then we have stumbled into a national complacency which stands in queer comparison to the activity in Eastern Europe. The absence of discussion in a school of law remains an somber indictment of the convictions held by the students and faculty. eCopyright 1991. The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without ihe express consent of the Editors. The Opinion is published every two weeks during the academic yuear. It is the student newspaperof the Slate University ofNew York at Buffalo Schoolof Law. SUNYAB Amherst Campus. Buffalo. New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Stall of The Opinion. The Opinion is a non-profit organization, third-classpostage entered at Buffalo. NY. Editorial policy of The Opinion is determinedcollectively by the Editorial Board. The Opinion Is fundedby the SBA from StudentLaw Fees. The Opinionwelcomesletters to the editorbut reserves theright to editlor length and libelous content. Letters longerthan three typed double spaced pages will not be accepted Please do not put anything youwish printed under our officedoor. All submissions should bepiaced in law schoolrnailboxes443 or 512 by the deadlinedate Deadlineslor thesemester are posted in themailroomand outside The Opinionoffice 724 O'Brian The Opinion Mailbox Regrettably, there were no letters to the editor for this issue. -the Editors Registration Procedure Must Change by Srikant Ramiswami, News Editor Change has characterized the 19905. We saw change in Eastern Europe where the nagging, prehensile tentacles of Communist oppression de oppression succumbed to democratic reform. We saw change in Germany where the passions of East and West ignited a desire to destroy a wall that held them captive. We even see change in the U.S.S.R. where communism has become a nefarious entity. It is now time to change registration policies at U.B. Law School. If Samuel Beckett were alive today he might have entitled his legendary play, "Waiting For Courses." Because although there is always the possibility that Godot may show up, getting courses at U.B. Law School 4 The Opinion revolves around the "theory of perserverance." Under this theory, only camping out like you did that summer for the Beades will ensure your talisman to getting every course you signed up for. If you do happen to arrive late (i.e. 7 a.m.), then "the theory of perserverance" suggests that you blew it. And to even think that we put up with this! Registration procedures at U.B. must be changed so that the students do not just become living and breathing organismsraped of their sense of dignity. Policies must enable students to get almost every class they want without having to wait in long lines. Other schools do it, AND SO CAN WE. And no...we do not have to spend more money to do it. Oh! So how do we change regis- Faculty Statement Debate Ends? by JimMaisano Commentary I am sure that when the 2nd and 3rd year students read this headline their first response is probably "here we go again." The Faculty Statement debatehas been raging at this law school since January 1987, almost to the point of absurdity. However, itis still important that this issue be addressed each year, especially for the first yearclass. The time is long overdue for the Dean and the faculty to show the leadership and courage to make a few corrections in the Faculty Statement so that it can truly be supported by the UB Law community. Faculty Statement is short for "Faculty Statement Regarding Intellectual Freedom, Tolerance,and Prohibited Harassment." The Faculty Statement was adopted in October 1987 in response to some horrible acts during the previous semester. These acts included the writing of "Too many niggers in law school" on the bathroom wall,and other racially derogatory statements on a rolled down movie screen; dog feces put in a student's mailbox; a headless teddy bear put in a woman's mailbox; aletter in a student's mailbox saying she was "fruit ofthe month;" and finally, a letter in a woman's mailbox claiming that a woman's place is "workin' for her man." The perpetrator(s) werenever caught and there is still a question whether law students were actually involved in these crimes. No one can dispute the brutality of these acts and the Faculty Statement was adopted to respond to them. The Faculty Statement hasreceived national attention in The Washington Post.The New York Times. The Village Voice, and The New YorkPost. In May 1988,the faculty passed two resolutions to the document to strengthen its constitutionality stating that the third paragraph ofthe statement does not contemplate the imposition of sanctions and that a student-facultycommittee should beestablished to clarify the statement. The other major piece of Faculty Statement history is that two students filed alawsuit against the faculty overitsconstitutionality in August 1989, but the suit was dismissed this summer. Since most of the Faculty Statement dispute is over the third paragraph, it is important to see how itreads: that the above language only allows the faculty to meet speech with responsive speech, while opponents argue that it gives the faculty the power to censure speech they don't happen to agree with. The fourth paragraph deals with acts of harassment, intimidation and assault, such as the ones that had occurred in the previous semester. Most students agree that these acts are not protected speech and have no problem with this part of the statement. Yet unlike the fourth paragraph, the third paragraph is not really an appropriate response to the incidents since it deals with speech and the incidents were clearly acts. The Faculty Statement is an example of "HateSpeech" laws which arebeingadopted on many campuses across the nation. UB Law is the only public law school in the country to adopttheirown statement. Gerald Gunther, a noted constitutional legal scholar, argues that these speech restrictions make both bad law and bad policy. However, the Faculty Statement does appear to be constitutional due to the faculty's May 1988 resolution stating that the third paragraph does notcontemplate the imposition ofsanctions. Even if the Faculty Statement is constitutional, its language raises many other serious questions. How does one define terms likeracist, sexist, homophobic,anti-lesbian orageist? Ask any two people in our society to define these terms and you will get two very different definitions. What is a group stereotype? It is almost impossible to discussany group in society without violating this restriction. There are students who think opposing affirmative action is racist, that opposing women in military combat is sexist, or that opposing further AIDS funding is homophobic. What ifa faculty member held these same beliefs? Could afaculty member meet a student who articulates the above opinions (which are also held by millions of Americans) with swift, open condemnation under theFaculty Statement? The answer is clearly yes. There are some faculty members who hold some radical opinions. A faculty member can easily use the Faculty Statement to censure a student's opinion in the classroom which happens to run contrary to that individual faculty "By entering law school, and joining this member's definition of the laundry list of legal community, each student's absolute restricted speech in the third paragraph. What is the best way to deal with hate right to liberty ofspeech must also become tempered in its exercise by theresponsibiltiy speech? Is itbetter to drive it underground to promote equality and justice. Therefore, where it is most dangerous, or is it better to it should be understood that remarks di- meet hate speech with more speech to exrected at another's race, sex, religion, napose the faulty reasoning behind it? The tional origin, age, or sexual preference will answer should beobvious. In 1964,Malcolm be ill-received, or that racist, sexist, X was asked about the need to suppress homophobic, and anti-lesbian, ageist and racist speech and he argued that language ethnically derogatory statements, as well as itself- not the suppression of it- is a vital otherremarks based onprejudice and group means of empowerment. He felt the most stereotype, will generate critical responses effective way of exposing speech full of and swift, open condemnation by the fachatred was through dissecting the language ulty, whereverand however they occur." and attacking its weaknesses. Malcolm urged all people to learn how to stand up to lanThe proponents of the statement argue continued on page 9 tration to make it more efficient and effective? I haven't a clue. But I do hear comments in the hallway that keep me thinking. Comments 1ike..."1 went to Binghamton which is just as big and we didn't have to stand in lines like this." Or even better... "They never used to do registration like this. It used to be different before." So what is going on folks? And finally. Every year we vote people in to the S.B.A. to address student concerns. But the S.B.A. is only as powerful as the students who support it. And while Brian and his gang may do all they can to see programs to fruition, the student body has got to rally behind theirrepresen- tatives and work for change. To steal from Adlai Stevenson: "It is not the years in your life, but the life in your years that are of importance." So go out there and be a part of the student body that actively seeks change. And maybe then you'll get answers to what is happening with the research and writing program. Maybe then you'll get answers to what is happening to the number of course offerings. Maybe then the voice of this student body will not be rendered nugatory. It is time to stop the passive acceptance of promises and work towards the active realization of our ideals. �McPherson! byDerryl McPherson Features Editor Abortion. This is what I think about abortion and the controversy surrounding it. Naturally, being a male, I've never had one, but I think I know enough about the subject to offer more than justa casual opinion. Actually, I doubtanyone has justa casual opinion. For various reasons, this issue touches everyone deeply and cannot be dismissed lightly. I'm pro-choice fora simple reason. Whether a developing fetus isa living human being is, as far as I'm concerned, an irrelevant point. Whenever a fetus comes into being, there is another human being in the picture - the mother. With two lives involved, ultimately one has to take precedence. I choose to ally myself with the woman because she has the final responsibility ofliving with and carrying the fetus. The fetus needs her for support. She provides the nutrients, she has to take the toll on her body. If she doesn't want to endure the biological assault having a child can have on her system, how can any third party ask her to do so? Committing one's body to the nine month task of carrying the fetus to term requires various sacrifices and an alteration ofthe mother's life. And the aftermath of giving birth brings practically a lifelong connection, whether the child is given up for adoption or not. The child would live on in the woman's thoughts, if not her everyday life. I don't accept the argument that once a woman chooses to have sex, and a pregnancy results, that she should have to live with the consequences. In our society, procreation is not the sole motivation for sex. Though it may flow naturally from the act, things can be done to avoid having a child as an outcome, and it is no longer the intended result. When the unexpected occurs, a safealternative exists and I see no reason why it shouldn't be used. Forcing a woman to beara child she doesn't wantis tantamount to slavery. It calls uponher to performa task against her will and toreceive no compensation. It isher body, and shealone will have to endure whatever is necessary to make the fetus grow into a human being. I can't see how a third party has any right to demand that a woman go through the ordeal without her consent. If there isa moral question, that has to beleft to the person involved. If she sees the fetus as a life, and chooses to abort, issues of guiltand responsibility are the burdens she mustbear. If it's not a life to her, that may make it easier (though I think the decision is never easy). A concept ofGod orreligion has no place in the equation, and if it does, that is also left to the individual because in America, one person's God may not be the same Godanother follows. I see being pro-choice as the greater option because it allows for various points of view. Someone could be pro-choice and still personally oppose abortion as an option for themselves. Personally, I don't know if a fetus is alive, and I can't help but wonder at times if abortion equals murder. What 1 doknow isthat I can't expect a pregnant woman to live with my interpretation of her situation. She can only judge the situation by her standards and deal with whatever consequences may arise. Sometimes I'm struckby the thought,"what if the pro-lifersare right?" but Irealize that I can't be responsible for anyone else's actions, and it's not my place to judge anyone. I understand the pro-life point of view. To them, the fetus is as valid a person as your best friend. If someone was going to kill your friend or any other person, presumably you'd try to stop it. The difference between your friend and a fetus is that we know yourfriend is alive. Medical science differs on when life begins. I don'tknow when life definitively begins, and at this point no human knows. There are various beliefs, but if those beliefs are based on theological theories, again, one must bow to the affected individual's belief system. As popular as Christianity is, it not the mandatory system for everyone in this country. For me, human life is more than breathing and biological functions. Life is awareness, it's emotions and interactiion. Eliminating afetus thathasn't experienced any of those things on a cognitive level is far more humane than bringing into the world a child that would son die of a prenatal defect orsufferthrough lifeabused and unwanted. It's true thatadoption could head offthelatter option, but many women don't wantto go that route, and I prefer to deal in social realities. I know I don't have all the answers, I doubtanyone does. This issue is sopersonal that no one person can find a solution that would please everybody. The bestanyone could hope for is a method to decide for themselves what is best. Legal abortion provides that option. I don't think anyone "Forcing a woman to bear a child she doesn't want is tantamount to slavery." is for abortion per se. If we could find a way to head off unwanted pregnancies to prevent abortion from entering the situation, that would probably be best. It stops being a life or death issue, and perhaps becomes a moral question. Then if we could perpetuate the idea that morality is based on respect for each other, the matter could clearly be solved on an individual basis. I'm sure someone could find my reasoning insufficient, and I acceptthat. The prochoice position can be quite precarious if applied to life in general,especially in light of advances in medical technology. All I know is that I feel that abortion rights are necessary and justifiable. Yes, that's an emotional reaction, but I also think it's rational. My arguments may have merit, they may not. The choice, as always, is up to you. The Opinion is looking for more than just another wonderful opinion. We need journalist, photographers, copyist, salespersons, and, of course, a Business Manager. Round out your legal education by becoming an active participant on this award winning publication. Everyone is welcome. No experience necessary. Lives Lost to Law . contributed by Sandra Brown Well, we made it. Another semester of law school orpossibly for the novices, the very first semester! Aren't we wonderful?! The cream of the crop the top of our undergraduate classes - every mother's dream. Our opinions of ourselves are veryimpressive... While wear emajoring in law, we are 'minoring' in arrogance. It is hard to believe that we voluntarily have embarked on a course fraught with incredible expenses, unending study and relentless stress. It is a testament to our dedication and seriousness. Oh, our friends are very impresses "Law school? How exciting!" Our families proud. But in reality what does it all mean? If we lose sight of our humanity not much. For some of us, it is the fulfillment of a dream. Law school - the promise of an exciting career in service to the public. (I wanted to writeadoring public, however, it seems the public doesn'tadore lawyers too much - Of course, you've heard the joke about what the difference is between road kill and a dead lawyer in the road? There's skid marks before the road kill...The biting humor hardly masks the public's general attitude.) For others, it is the ticket to a life filled with all the toys that large income will bring...A big house, pool, Jacuzzi, BMW, and all the trappings money can buy. And for others the prestige of arespected position. Power. Politics and maybe fame or itsdownside, notoriety-at the very least... However, in the scramble to become successful lawyers, weforget that the real key to success isremaining true to ourselves. It is so easy to become completely engrossed in our studies and our burgeoning careers that we forget to maintain balance in our lives. We become single-minded and self centered. We trample our friendships and abandon ourloved ones in the pursuitofour careers. It seems that the real problem is that law school is the perfect breeding ground for self centeredness rather than the development ofcenteredselves. Itappears to be the ticket to all our hopes and dreams. While money and power may bring temporary satisfaction, it doesn'tbring satisfaction. It becomes an insidious disease which requires more infusions ofmoney and material wealth. While we are sharpening our minds and skills to do battle in the courtroom or corporate world, we neglect our emotional and spiritual development. We lose perspective of our place in the world and the relative value of our careers. We become suessed out and burned out. We spend our weekends studying, geuing drunk orhigh. Welose touch withwhat isreal and true. We are learning to be true lawyers although we may end up with high paying careers and power, we are also laying the foundation for futures as a group with a high rate ofalcoholism and little respect. The truth is law occupies only a percentage ofour lives. It cannot become the total focus. Everything tangible is temporal. Fortunes can be gained and lost several times in a life time. Maintaining balance is the only way toretain command and conuol of one'slife. Motivational experts suggest that individuals who maintain their business . - - focus on money alone will never prosper. However, those individuals who dedicate their lives to service have unlimited potential. Dedication ofone'slife to service requires the nurturingofarespectful attitude towards oneself and others, communication skills and a sufficient interest in humanity to ascertain needs. This includes respect for all phases ofourlives. We become so involved with our studies and ourselves that we become unable to even determine our own needs. Neglecting one's basic needs for sleep, good nutrition, recreation and exercise breeds illness and increases stress. As the semester progresses in law school, our classes well begin to sound like a tuberculosis ward. The combination of law school and neglect of commonsense health care seems almost fatal(Actually, at times, some of us felt like itwas orwished it wa5....) We forget to be kind to ourselves. Instead on centering ourselves, we worry about correcting theattitudes ofothers. Ours is a world of words, notaction. Matthew7:3 "And why worryabout the speck out ofyour "...the real problem is that law school is the perfect breeding ground for self centeredness rather than the development of centered selves." eye', when you can't even seebecause ofthe board in your own?" Should you say 'Friend let me help help you getthe speck out ofyour eye', when you can't even seebecause ofthe board in your own/" One doesn'thave to be a Christian to appreciate the point made. In the process ofcorrecting injustice andrighting wrongs, weoftencommit injustices ourselves. A political statement will result in a personal attack.. Injustice leads to injustice rather intellectual exchange.. If we were as truly enlightened as we claim ourselves to be, the freeexchange ofideas could be made without blatant attacks and excessive vulgarity. In our stressed out condition, our tempers flare and simple courtesies forgotten.. We allow paranoia to setin. In our selfcentered condition, we imagine petty grievances. The importance ofthe microcosm ie world oflaw school looms larger than life before us. We are supposed to bethe academic eliteand yet we enc up sounding like a bunch of spoiled children trying to out shock each other. Law students are supposed to be learning to be wordcrafters. Yet sometimes our writings appear to the product ofthe uneducated.. If we want to get the respect we think we deserve, we might as well begin practising itright here. Perhaps if we begin to practice the attitudes and mannerisms we associate with success right here and now, in the future, the public will perceive the perception the profession of lawyers as being worthy of respect. In the hopes of a truly progressive and enlightened environment this year, I welcome you all to law school. TheOpinion. 5 �con I inued from page 3 DOUGLAS SYLVESTER IL-CLASS DIRECTOR Greetings First Year Law Students. By now it must be painfully clear that I am running for the post of Class Director. In choosing to do this I have also committed myself Id submitting a "personal statement" to aid you indeciding to vote for me or (God forbid) not. Before plunging ahead I would like to express my opinion that this "personal statement" is a very awkward proposition. What is thereabout myself thatcould possibly sway sway your votes my way? HENRY J. NOWAK MICHAEL RADJAVITCH 2L CLASS DIRECTOR 2L CLASS DIRECTOR Kristin Graham It's time to be fundamentally honest. An Hello and welcome back. For those secI would like to see thisactive involvement SBA director must gothrough a tremendous ond years whohave not yet had the opportucarry overhere at ÜB. It is withthat in mind amount ofnonsensical red tape and hours of nity, my name is Michael Radjavitch. I have that I decided torund for SBA ClassDirector. ridiculous arguments to accomplish very decided to put my button die line and place I am very interested in government, and itis little. This seems to be the general nature of myself in the running for die ever popular in thatfield that I plan to use my law degree. almost all student government positions (as office ofClass Director of the Student Bar Since the SBA is die governing body here at well as non-student government positions). Association. I must admit that die closest the law school, I thought it would be an To succeed as a director who satisfies the I've come tothe SBA and its actions isbeing needs of the law school student body, I feel friends with several of last years directors appropriate place for me to begin my inthat I must: (1) understand the procedure to and officers, as well as attending afew ofits volvement at ÜB. a science sothat I know when to move, when social functions. However, lam quite willIn considering me for SBA director, I to call, when to argue, and when to keep my ing to make the necessary commitments, think the most important thing to keep in Douglas Sylvester shut; (2) forego my own beliefs to time and otherwise, to help woice die conmouth mind is that I am very eager to become and representall ofyourviews; cerns and opinions of my fellow slassmates, acknowledge Afterall, I have been a student at this school involved in the SBA, and I ame genuinely and communicate with and be easily and to act upon them. I owuld greatly (3) for merely one week. As a result, I know interested inrepresenting ourfirst yearclass. students, accessible to fellow studentgroups, appreciate your votes in the upcoming eleconly a handful of people and my opinions I hopeall the first year students will come faculty members, and outside any organization. Thank you, and pleaseremember that about the problems facing students at this out to voteon September 3rdand 4th! Have tionsthatmayaffectthtestudentbody. These a vote for me entities you to one invitation to school are at best severly limited. These a Great Year Best ofLuck! are my goals. All of you have excellent my next party. considerations aside, I dohope that someof ideas which often get lost somewhere you, hopefully enough, decide to vote for DARRYL McPHERSON betweent the mail-room and the drop-add me based upon the following summation of 3L CLASS DIRECTOR line. I do not have onenarrow view withfive my qualities as a human being. My name is Darryl McPherson and I'm ideas — I will support various views good 1.1 carry-a briefcase. This helps me look running for Third Year Class Director. I and several hundred ideas from ail ofyou. A and act like a politician. Who knows, itmay doubt there's much need to explain who I vote for me is a vote for yourself. even help my image as a responsible repream and what I stand for, but I'll say a little sentative. just in case. 2.1 can usually be found in possession of First there's my resume, demonstrating Certs. Never underestimate the value and my experience as a Second Year Director importance of having fresh breath when and SBA Presidential candidate, my cohaggling with administrative bigwigs. founding of Students for Constitutional 3. I'm a real nice guy. Really. Just ask Concerns (SCC), my work as an Opinion anybody who knows me (if you can finde Staff Writer, and now as Features Editor. either of them). There's also my co-chairing of the Orien4. I don't open my mouth all the time in tation Committee this year, ifthat matters to class and annoy my fellow students. This anyone. may not beas important to you as itis to me, I like gettingthings done. The SBA should but I thought you might like to know. bea conduit for effective change withinthe 5. If elected I promise to go to all meetings, school. Hopefully, that will be significant the facetiousness of the "personal stateand substantive, and go beyond the superment" aside, and voice the opinions and ficial splashes ofpaintandcarpetrolls we've concerns of my constituents, whateverthese gotten to so far. I believe in fair represenSTEPHEN LEE may turn out to be, to the properauthorities. tation for all students, and growth for all 1L CLASS DIRECTOR I hope that the "unseriousness" of this wherever possible. Hello, my name is Stephen Lee and I am a statement will not dissuade any of youfrom that, I hope it is known that I said Having who would like to be voting for me. There was little else I could first year law student can't do anything by myself. I need the a member ofthe Student Bar Association. writeabout. After one week here itwould be of not just third years, support students, all The reason I am running for the position of ludicrous for me to have positions or subto the SBA useful make a body. The first stantial opinions about the problems facing Class Director is that I feel that I can bring a vote, is out getting step the then student student life. Let me end by assuring you, unique perspective to the SBA. Not long involvement is needed at all levels. ToDarryl McPherson once again, that I want to be a ClassDirector ago I was involved in an accident which has gether, we can all make a difference. (and not just because it looks good on my left me disabled, before I was disabled I had resume) and if elected will perform the preconceived notions and prejudices about duties of that office to the very best of my disabililties but the truth in die matter is that disabled. I abilities and in the best interests of you the anyone at any time can become since I can see have a but personal agenda potential voter. issues from my old perspective and a new one I feel I can be ofhelp to many students. KRISTIN GRAHAM have held positions before as a dorm repI IL-CLASS DIRECTOR resentative and as the SASU Delegate of Over the past week or so, amidst the SUNY Binghamton. I really don't want to confusion, I have had the opportunity to make statement and tell you all of my long meet many of you. However, for those of have and my qualifications why you should I you 1 have not had a chance to speak with. for me. But I wouldlike to say thatlam vote I'd like to introduce myself. My name is Kristin Graham and I am in Section One. a very easy person to talk to and get along Although originally from the Albany area, I with so that I would be open to any and all students. received my undergraduate degree in Political Science from Geneseo this past May. At Gcncsco, I was a very active part of the campus community. I held executive posiMandatory means mandatory. SBA cannot process tions in several clubs, including the PreLaw club and Pi Sigma Alpha. In addition reimbursements for groups who choos not to send a representative. Help the to these academic organizations, I was also SBA streamline the reimbursement process. Helpyour group utilize your funds a member ofthe Phi Kappa Pi sorority, and more effectively and save your money. as a result, was very active socially as well. - - - - - Attention All Student Group Leaders Mandatory Meeting When: Thursday, September 5,1991 3-4pm Where: Roomio6 Why: Reimbursments Who: Presidents/Treasurers preferred sdfsdfsdf■VcDHcet 6 The Opinion NOte. �Law School: More Than Just Briefing Cases A sampling of some Student Organizations The STUDENTS FOR CONSTITUTIONAL CONCERNS are proposing a series of debates between law students who are interested and informed on a variety of controversial topics. We envision entertaining and informative presentations; heavily advertised and with plenty ofopportunities foraudience participation. We would like to bring together all the students who have been arguing loudly in the hallways and writing angry letters to the editor, and give them a means to have theirbeliefs subjected to the marketplace ofideas. The deathpenalty, abortion, multicultural education., affirmative action.. If you have strong beliefs onissues like these.and would like to sharpen your debating and litigation skills beforealarge andargumentative audience, then you should participate in the S.C.C. Student Debates. We will match you up withpersons propounding contrary viewpoints. We will provide you with materials to back up those viewpoints. It should be a lot of fun. If you are interested, please talk to an S.C.C. member, or leave a note with your nameand the issue you would like to debate in box 407, 311, or 450. The LABOR LAW SOCIETY is an organization which seeks to bring together law students for the purpose of mobilizing activities focused on labor law issues. Last year, the LLS coordinated several activities and events. We sponsored a "brown bag" lunch, where bothalocal arbitratorand laborlawyer provided information concerning the practical dynamics ofarbitration and mediation processes. We hosted a discussion at which a local labor organizer spoke about the strategy and issues of organizing non-union work forces. We also mobilized support in a variety ofways for the striking Greyhound bus drivers. During the coming year, we hope to duplicate these efforts and to expand them. We are presendy dying to arrange a debate (along with the Federalist Society) around HR-5, theso-called "strikerprotection" bill. The Labor Law Society welcomes students whose views represent all sides of labor issues. Ourfirst meeting will be scheduled sometime in early September. The HIBERNIAN LAW SOCIETY (HLS) is a social and charitable organization whose goalis to upholdand promote the rich tradition and culture of the Irish people. Our organization is open to both Irish and non-Irishalike. All thatis required for membership is an appreciation ofthe Irish loveof laughter, song, dance and lively conversation and a willingness to celebrateand share in that love. The HLS is very proud of the contributions we have made to the Belfast Summer Relief Program, which benefits orphaned children in that war-torn city. We hope to increase our efforts for this worthy cause. Weare equally proud of the Michael Phelan Memorial Scholarship Fund. The scholarship will consistofthe proceeds ofan annuity managed by Professor Ken Joyce. The proceeds will be disbursed by the Presidential Board as soon as the fund reaches an as yet undetermined level. To fill the coffers for the Belfast Program and the Scholarship Fund, we sponsor a number of fund raisers, including our infamous Irish Night at Checkers. We also sell coffee, bagels and collector item t-shirts in O'Brian Hall. We plan to be active in local Irish cultural events, such as the St. Patrick's Day parade and therecently concluded Irish Fest. The HLS is painfully aware of the problems in the six counties in the north of Ireland and do not believe in ignoring the issue. We support any and all peaceful solutions to thatconflict in the hopes ofone day realizing are-united Ireland. Trust,Tax Law, Negligence, Copyright and THE DOMESTICE VIOLENCE Trademark. Job opportunities in the field TASK FORCE had a successful summer are few and farbetween and itis often stated depitebeliefs thatcontinuing a student group that "who youknow is as importantas what through the summer mightbe difficult. The The members of THE FEDERALIST you know" in order to land a job in the field task force continued escorting domestic vioSOCIETY are recognized for open, flowout of law school. For that reason it is lence victims throughout the summer and ing, and robust debate on a variety of subimportant thataspiring students meetpeople the staffat Haven House was most appreciajects. We as a group believe in and promote in this rewarding field. Several practitiotive. Haven House currentiy has five outthe full utilization of the marketplace of ners have already expressed interest in lend- reach counselors and because of the sumideas in spite ofpressures from the "politi- ing a hand with the organization. Guest mer, vacations have left die outreach unit cally correct." speakers will discuss different aspects of shorthanded. We are a politically and culturally diverse Sports and Entertainment Law at the In addition to advocacy, the Tuesday group. Generally our members favor: (1) organization's meetings. Evening Program at Haven House ran individual rights, freedom, and liberty from An extensive summer job search is in the throughout the summer. For those unfamilstate coercion; (2) judicialrestraint; (3) the works which will certainly aid students in iar with the program, volunteer attorneys political ideals ofthe Founding Fathers; (4) obtaining summerand eventually full time from the community are teamed with law traditional family values. Wewelcome conjobs with firms, professional leagues and students on a weekly basis. The pair meet servatives, libertarians, and those people teams. individually with women in crises who are who thought they were liberal before they Anyone who is interested in joining the in need of legal counsel and advice. The came to UB Law. society is encouraged to look for announcestudnet provides necessary follow-up if the A central issue that most members ofThe ments in the law school, and can slipa note woman is in need ofadvocacy or transportaFederalist Society agree upon is the protec- in Peter Nussbaum's mailbox (#198). tion to Family Court. Should die woman tion of the right to free expression. On actually require legalrepresentation, the stucampuses across the country it is groups THE GRADUATE GROUP ON HUdent coordinator.SueTomkins, arranges for such as ours which are standing up for the MAN RIGHTS LAW AND POLICY is a an attorney to assist the client, pro bono. First Amendment rights ofall students. This summer the clinic was extremely university-wide organizaton which brings More than any other student organization, students, staff and faculty together to dis- busy. Some evenings as many as eight the Federalists bring in reputable experts to cuss international human rights issues. women women were scheduled demonsuatdebate members of our politicaly homogDuring each semester ofthe 1990-91 acaing the continued need for this program. enous faculty on issues of public controdemic year the Graduate Group sponsored a The DVTF has been approached by a versy and interest. We also produce the "Human Rights Week." The following number of people interested in emulating Federalist Papers the only meduim for events wereincluded in last year's activities: the program in some fashion, including the political dissent at the school. You have strucka Rock" - a film New York State Bar Associations Pro Bono If you are interested in becoming a part of and discussion about women's resistance in Coordinator, aDirector from the Governor's our organization or just would like to find South Africa. Task Force on Domestic Violence and law outmore about us, stop by our office inroom "Hazardous Waste Issues" - a students from several law schools. Because 725 O'Brian Hall, come to our meetings, or discussion oncurrent problems in the United of a growing interest in such programs, the contact one ofour officers. Chairman: Karl Slates and Eastern Europe*. DVTF and the program at Harvard Law Czymmek (box 57); Vice-Chairman: Hans �"Forbidden Freedoms: Life in School are attempting to arrange a national Tirpak (box 545); Treasurer: John Jablonski Tibet under China's control" by Lobsang conference in the Spring for students to (box 141); Secretary: Norbert Higgins (box Jinpa, recipient of the Reebok Foundation gather and discuss issues surrounding such 407). Human Rights Award. programs. *"UN Protection of Human Rights: The DVTF will be having its first meeting BUFFALO ENVIRONMENTAL LAW Promisesand Failures" byProfessor Claude on September 3rdats:3opmin aroomTß A. SOCIETY (8.E.L.5.) strives to provide a Welch, Political Science, SUNY-Buffalo. The training and orientation will be held on forum for diverse environmental perspecThe Human Rights Center Also sponsors September 7th in O'Brian Hall. Details.will tives in afree and open manner, additionally summer internships in Geneva, Switzerland beannounced. All students are welcome to promoting immediate practical application forgraduate and professional students interparticipate, with orwithoutpriorexperiencc ofbasic legal skills. ested in public international law, including in the field. Each person has unique talents The group's primary objective is to be international human rights law. Buffalo to bring to the group,regardless of his or her responsive to die educational needs and acastudents recieve a fellowship to work at the backgorund. Hope to see you there. demic interests of the membership and the United Nations or non-governmental orgalaw school community. B.E.L.S. undernizations which focus on international law. takes to fulfill that goal through die impleInterns in the past have worked at the mentation ofan extensive speaker program, Centre for Human Rights, Working Group by providing extra-curricular project opporon Indigineous Peoples, the International tunities within the community, through the Labour Organization, World Health Orgadistribution ofa monthly newsletter, by postnization, and environmental and ttade isingjob openings, and by continually develsues. The Human Rights Center also has oping the group to meet a multiplicity of information available on study abroad proneeds and opportunities. This semester also grams. markds the start of a concerted effort to This year, we will form working groups on launch an environmental law journal. The various issues according to the interest of group is confident that the journal will not our membership. Past activities were orgaonly bea credit to thelaw school, but will be nized by working groups on Africa, Asia, of great service to the community at large. the Middle-East, Latin America and the B.E.L.S. is holding its next meeting on environment. New groups that will be acSeptember 11th form 4pm to spm. The tive include working groups on internalocation of the meeting will be posted in teh tional women's rights rights, and the death usual locations and in the mailroom. All penalty. Anyone who is interested in joininterested parties are encouraged to attend. ing or starting a working group, contact Mona Igram in the Human Rights Center, This past summer two UB Law students 408 O'Brian, 636-2073. began to consider the formulation of a SPORTS AND ENTERTAINMENT LAW SOCIETY. Each contacted several practitioners and faculty members, gathering informationand advice. At the end ofthe summer they got together and have since % I v. i<* if nun iaw norx co tur hi mas-'-aomjsi in aw begun to lay the groundwork for what willBOOKS LAW hopefully be an exciting and informative MMI DISCOUNT Why pay full price and wait in long lines. HNPfJPMi|MI| organization. Many students have already CALL NOW FOR THE LOWEST PRICES expressed interest in getting involved with IN THE COUNTRY-- 1800 253-1594 society. the Sports and Entertainment Law is a diverse field. A practitioner in the field willlikely be called upon to deal with different areas of law such as: Contracts, Labor Law, Anti- - *" * STUDENT GROUP DESCRIPTIONS WELCOME FOR THE NEXT ISSUE. DEADLINE: SEPT. 12th *. fftyrjil'jfitfll mI jwm I TheOpinion. , ' i 7 �India Revisited: A Personal Account by Snkaru Ramaswami Pan Am Iligntoo6 made its finalapproach into New Delhi's Pallam Airport. The adrenalin in my system had soared to gargantuan heights and my mind lacerated with thoughts ofsadness and euphoria. The sadness stemmed from my knowledge that certain people I had always revered had left to pursue their duties in another world. The euphoria emerged from a plethora ofrelatives I anticipated seeing at the airport and the time we would spend catching up on news that had been missed in the many years of my foreign uavels. The India I revisited was a very changed one, but the philosophy remained. In aland that has produced intellectual giants like Mahatma Gandhi, Dr. Radhakrishnan, and J. Krishnamurthy, I found the same selfless and stoic attitude that has persisted since timeimmemorial. While the western world portrayed a sense of isolation to me, the Indian psyche boasted of a certain togetherness. While the western world thrived on pollution control, traffic regulaiton and order, India portrayed a land ofno controls or regulations and totalchaos. Yet, out of the chaos stemmed order, making me believe what my history teacher once said: that sometimes, there is method to madness. Like my LSAT score, the GNPper capita in India is very low. Birth rates are greatly reduced by the infant mortality equation. Death rates are exacerbated by the cheap cost of human life. Women seemed more emancipated to me. Yet, some walked paces behind their husbands and were subservient to their needs. Contraception also seemed like a non catalyst. Indians were everywhere and the strength of manpower was evident. I was visually moved by the profile of Indian poverty that was multi-faceted. Inadequate success with family planning has led to a high population growth rate, which, in turn, has eroded the fruits of economic growth and poverty. Another dimension of the poverty problem is the fact that millions are starving from want of employment and purchasing power while granaries are full after good harvests. In effect I saw two India's. Islands of prosperity, mainly in the dities and towns, surrounded by a sea of poverty characterized by starvation,disease squalor, ignorance, and virtual absence of hope. Yet, India continues to survive because "while several civilisations have died from affluence, none have perished through adversity." During my visit to India I also sensed the tension in political circles. Rajiv Gandhi, the Doon School boy, had been eviscerated, portraying a political system where leadershiphas become the hallmark oftotal decay. Paradoxically, it was interesting to learn that while Mohandas and Rajiv Gandhi were apostles of peace and non-violence, their deaths were characterised by violence and rioting in India's major cities. After a whirlwind trip, I left India with many thoughts. Thought that ran the gamut ofre-defining our values, re-assuming our responsibilities, and re-stating our objectives. I have always been proud to come from a country which has shown the west that we can make up in spiritual strength what we lack in technical expertise. But I left India knowing that change was inevitable and necessary so that tomorrow will not bring a sectorial strife where bloodshed and violence emerge triumphant over progress. Deadline for the Next issue of The Opinion is Sept. 12. Place submissions in Box 443 or Box 512 "Ode to Gorbachev" ONE SUNNY DAY, HE WENT AWAY TO SPEND SOME TIME ONHOLIDAY BUT THEN HE HEARD THERE'DBEEN A COUP AND HE HAD COME DOWN WITH THE FLU YANAYEV,THEKGB WERE IN FULL CONTROL, YOU SEE AND YELTSIN TOLD THERUSSIAN CROWN TO STAND REAL TALL AND FIGHT AS ONE THE MARKETS FELL, NO BULL, ALLBEAR AS NEWS BROKE OUT ONMOSCOW SQUARE AND GEORGE BUSH SAID THAT HE WAS SHOCKED BY HOW HIS NEW WORLD HAD BEEN ROCKED THEN mWSAmF/ED,THE COUP HAD FAILED! AND GORBACHEV WAS OUT OF "JAIL" HE TOLD THEMASSES HE KNEW THEY'D WIN THE MASSES LAUGHED AND CHEERED,''YELTSIN! YELTSIN!" penned by Srikant Ramaswami - Commentary:"A Justification for the Shamir Likud Position" An opinion by DavidLask "For the sake ofZion I will not keep the quiet, For the sake of Jerusalem I will not hold my peace" (Isaiah 62.1) Imagine if you and your large family moved into a twenty-four unit apartment building,after having long ties to thatdwelling, and twenty-two of those neighbors immediately ajjacked you, while the twentythird exerted no influence in your behalf. That is what itis like for Israel living as an outcast, a leper in the Middle East, surrounded by such neighbors who have tried to invade and destroy the tiny Jewish state on not one but five occasions. The current Arab economic boycott against Israel is not onlya crueland inhumane gesture ofbigouy by the Arab world, but it extends to any company in the world that does business in orwith Israel. In certain instances, the Arab boycott has extended to American companies that do no business with Israel, but have Jewish-Americans as their CEO's. This past summer, the L'Oreal cosmetic company, whose past leadership flirted with Naziism in Vichy France, compelled one of its board members to resign because of pressure from the Arab counuies generated by the mere fact that this particular board member ofL'Oreal rented a seasonal apartment in Tel Aviv. The recent gesture from the hard line dictator of Syria (the post-Sadaam power broker in the Middle East) is not viewed by the Shamirgovernmentasa legitimate Sadat type peace proposal, rather a manipulative tactic toreclaim die Golan Heigh ts.astretch of land that Syria has an irredentist claim to and has constantly failed to take back from Israel by war or terrorism. The Likud party refuses to give land for peace, rather they seek a legitimate, authentic peace for peace plan which entails direct face-to-face negotiations with the Arab counuies. Assad, unlike the assassinated Egyptian leader, has 8 The Opinion made no direct contact or overture to Israel, only to die United States. The Syrian leader realizes that it is in his best interests to amelioraterelations with the United States, (and take advantage of the Bush Administration' s weak stance on Israel) ata time Soviet aid to Syria is dwindling to an all-time low. President Assad is tactfully exaggerating Syria's unreliable and minimum involvement in the war against his own enemy, Sadaam Hussein. Assad's claim forpeace is seen by Likud et al as a guise for forcing Israel to giveupland, thereby increasing die geographical hegemony that die Arab world enjoys over Israel, a country comparable in size to New Jersey. The Syrian leader is dogmatic about a United Nations presence at any peace talks. The Shamir government is well aware of the large anti-Israeli Arab coalition in the U.N.. For it is this Arab "lobby" that yearly submits die infamous "Zionism Equals Racism" proclamation which seeks to expel Israel from the U.N., thereby further isolating Israel and increasing its susceptibility to attack. Prime Minister Shamir, like former Prime Minister Begin, does not believe in appeasement or unilateral concessionas thearbiter ofMiddle East peace. Israel has proclaimed to the world that it will surviveand not feel guilty fordoing so. The Shamir government is not willing to so much as flirt with die idea of a partitioned East Jerusalem, the segment ofthe Jewish state's capital occupied by Jordan up until the mesmerizing Israeli victory in the 1967 Six Day War. This is why the notion of a "Palestinian" delegation from East Jerusalem is anathema to Shamir. That notion undermines Israel' s uncompromisable claim that a united Jerusalem will always remain the capital of the Jewish state. During the coalition war against Iraq, Israel stood silent as the Soviet-made Scud missiles rained down on Tel Aviv, a city proclaimed by Sadaam Hussein to be in- fested with "Zionist Criminals". As Jewish children practiced putting ontheirgas masks, their grandparents clearly remembered the German experience, where two million Jewish children fell victim to extermination. Where was the Arab protest of the Scud missile attacks? Although several Arab nations tacitly acquiesced that Israel had a right to defend itself, King Hussein of Jordan threatened to declare war against Israel if it used Jordanian air space to do so. Israel and its Patriot missiles remained a sitting duck, praying not to be gassed and asphyxiated by the nefarious Iraqi leader in his desperate effort to liberate Palestine and plunge the Mid-East into an all-out Jihad. An objective viewer can readily see that Israel, with scant exception, has received only ominous overtures from its Arab neighbors. A stellar exampleis the Syrian, Jordanian and Egyptian surprise invasion of Israel in 1973 on the eve of Judaism's most holy day, Yom Kippor. It is with that historical perspective combined with Arab culture, having Jew hatred so deeply ingrained, that Prime Minister Shamir, and Housing Minister Sharon take a position that the Bush Administration considers hawkish. If Israel were to attain peace by giving up land it would immediately need to relinquish the Golan Heights, East Jerusalem, Gaza, and the West Bank (Judea and Samaria), therebyreducing Israel to its 1948 boundaries, ghetto-izing Tel Aviv, and endangering the lives of hundreds of thousands of Jewish settlers, who, like the Sephardic Jews of the 1940's living under Arab rule, would inevitably reap the dubious benefits ofArab intolerance. Only an infinitesimal minority of Knesset members would accept such a peace proposal. Prime Minister Shamir has made a statement to die Arab world that as long as he remains Prime Minister, Israel will not succumb to die territorial designs of its neighbors and its internal threats. Therefore, the Arab coun- tries need to finally come to the realization that after five lost wars and a well-developed Israeli nuclear arsenal, Israel is a permanent fixture in the Middle East, peace or not The time has come for dienew world order tocome to full fruition in dieMiddle East. If the war against Iraq were to have occurred during die heightened period of the U.S.Soviet cold war, Armageddon would have been a likely outcome. Peace, justice, and happiness may soon dawn on die Middle East, a precious part of the world which has seen constant strife for four thousand years ofrecorded history. The Arab world, especially liberated Kuwait, should seize this moment to show Israel that itreally does respect the existence of "Infidels" in die Middle East. The long overdue lifting ofthe Arab economic boycott, without Israeli territorial concession would be a major first step in arapprochement between Israel and its Arab neighbors. The Shamir government believes that until the Arab nations liftthe boycottand insert accommodation into its culture withregard to the Jews, there can be no real lasting peace. Fifty years ago, the world painfully learned that territorial concessions and appeasement do not bring peace, only demands for more territory and catastrophic war. Israel will continue to have a spot in die twenty-four unit apartment building known as the Middle East. The ball is in the Arab's court. Ifthey wish to exacerbate the vicious cycle of war with Israel, which they cannot win, the new world order will prove futile. Hopefully, the Arab nations will progress and putaside theirmany cultural biases and antipathies for the Jews and Christians of Israel, and begin an era ofenlightenmentfor dieMiddle East, which will bring in billions of dollarsofinvestment and tourism to this region, sorich in history, soperilous in dayto-day life. �SPRING 1991 GRADE CHART The chart below represents gradesassigned by UB Law instructors for the -Spring 1991 semester, as represented by the grade board on the third floor of O'Brian Hall, outside the Records and Registration office. The chart also indicates the date when those grades were posted for each class, and not necessarily the date at which they were turned in by the instructor. Grades not yet posted on the board will not be represented below. Instructor (First Year Classes) Schlegel Freeman Munger Steinfeld Kannar Newhouse Pitegoff Olsen Blum Mensch (Upper Level Classes) Instructor Atleson Gruber Boyer Advanced Legal Research Scales-Trent Berger Zimmerman Neubauer Schlegel Marcus Rimar Engel Freeman Thomas Lindgren Goldstein Kaplan Palecki Welch Berger Ewing Carr Singleton Newhouse Kenyatta Sajo Mugel Marcus Joyce DelCotto Joyce Reis Disare Sullivan Gerstman Gresens Bean Moore Dougherty Phillips Buckley Magavem Reis Kannar Kenyatta Ellis Albert Newhouse Newhouse Olsen Scales-Trent Ewing Boyer Schwartz ClinicFinley Szczygiel Sajo Atleson Pitegoff Seipp DelCotto Hezel Blum Halpern Zimmerman Finley Class Date Posted 7/3 5/20 7/10 6/21 Contracts Property Property Property Constitutional Law Constitutional Law Legal Profession Research and Writing First Amendment Torts Class Labor Law Bankruptcy Reorg. Natural Resources 6/12 5/23 6/18 8/7 5/30 5/28 Date Posted Employment Dis. Lit. Evidence Problems Financing Small Business Sales Writing Law Social Security Law Asylum and Refugee Law Products Liability Nature, Ecology + theLaw International Business Statutes Legal Rights of Handicapped State and Local Govt. Law Theory of Law and S tate IntProtection ofHuman Rights Canadian Legal Studies Evidence Evidence CriminalProcedure Collective Bargaining Constitutional Law 2 Public International Law Estate Planning Family Law Gratutitous Transfers Tax 2 Tax 2 Environmental Law Wall Stteet New York Practice New York Practice New York Practice Intellectual Property Land Use Planning TrialTechnique Securities Regulations Sales/Secured Transactions State and Local Finance Property 3 Const. Govt. Age. NatT. Sec. Civil Rights Strategies Early Am. Consitutional His. Constitutional Litigation School Law Law and Public Education Judicial Clerkship Selected Issues in Civ. Rts. Psychology and Crim. Law The Great Lakes Problems in Health Law Education Law Law and Social Change Leg ServElderly - Clinic Com&Int EnvLaw Law and the Visual Arts Com. Eco Dev Clinic Immigration Law Clinic Corp. Reorg. and Di. Low Income Housing Clinic Rule ofLaw Real Estate Finance Small Business Clinic Law and Social Change Faculty Statement Commentary 5/23 5/17 6/19 5/23 6/11 5/14 5/13 5/13 7/9 6/6 5/13 6/10 5/14 7/16 6/6 6/6 6/5 5/13 5/16 6/18 6/13 5/17 6/18 5/20 6/4 5/17 6/13 6/6 7/9 6/12 8/2 6/17 5/23 5/16 5/13 5/15 7/26 5/13 5/16 6/6 6/6 5/30 7/30 6/13 5/15 5/14 7/10 7/10 5/20 5/13 6/11 5/17 7/7 6/18 5/13 8/22 5/13 6/4 6/5 5/13 5/14 5/13 5/14 5/14 7/16 5/13 5/15 H 19 13 23 14 23 27 40 91 21 16 11 11 14 17 3 12 1 1 5 11 13 11 12 22 13 15 15 50 11 11 37 2 6 11 12 21 8 48 15 28 9 69 42 20 56 0 71 12 01 H 15 7 18 8 9 7 9 3 8 10 3 0 9 50 0 22 0 0 8 0 18 0 0 0 0 6 4 9 0 16 0 0 9 0 0 3 0 0 0 0 0 0 0 .6 0 26 21 0 4 0 6 9 0 0 38 0 11 9 4 2 10 4 9 6 8 6 3 17 6 6 5 5 8 4 5 15 3 13 13 10 4 4 11 19 0 0 2 0 0 0 0 0 0 0 0 0 1 0 3 0 0 2 1 0 1 3 5 0 0 0 71 0 0 5 0 2(1H*,3H-;17Q-) 0 0 (15 Q-) 0 0 0 (2 H*) 0 (1 H*) 0 0 Q D E 47 53 51 107 48 64 2 53 4 10 19 13 0 5 0 7 0 0 0 10 1 0 9 11 26 6 0 0 0 1 0 0 1 0 3 0 0 0 0 6 6 0 11 4 4 5 7 38 65 39 8 31 14 29 53 94 22 24 38 13 35 24 32 16 3 44 15 52 17 9 0 6 5 9 1 5 0 4 16 1 1 1 0 0 12 3 3 0 9 2 1 10 0 0 1 1 1 0 0 1 2 9 2 2 0 0 2 5 4 5 2 0 0 4 2 0 0 2 1 2 6 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (1 H*) (1 H-) (2 H*) (1 H*) (3 D*) (2H*) 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (1 H~) (1H*) (1 H*) (1H*) (1H*) continuedfrom page 4 guage aimed at crippling them. Judge Wilfully capable of utilizing our freedom of liam Brennan was recently asked what he speech to challenge offensive statements thought of hate speech restrictions and he made by our peers. If disputes cannot be felt it was a very scary movement and he setded through intelligent debate at a law would strike them down in a second. school, then it is difficult to see how the Malcolm and Brennan are hardly evilreacsociety at large can solve these problems. tionaries trying to oppress students, they There are even faculty members who opsimplyknow that suppressing hate speech is pose theFaculty Statement both on and off a Faustian bargain with very dangerous imthe record. The answer to this controversy is clear,a plications. It is important to note that itis not only the student-faculty committee, which is mandreaded "white straightmales" who oppose dated by the Faculty Statement's second the Faculty Statement. Many students the resolution, must be set up to make minor Faculty Statement is supposed to protect changes to the third paragraph. One solualso oppose it. These students find the very tion would be to change the words "swift, notion of a need for a Faculty Statement to open condemnation" to "responsive speech." be paternalistic. Students do not need the No one can deny that the faculty should be faculty's assistance when offensive situa- able to meet speech they find offensive with tions occur. We are not children, we are responsive speech. "Condemnation" is a powerful word with the following definitions listed in Webster's: to find guilty, to pronounce judgment against, or strong reproof or censure. It is time that everyone in the UB Law community puttheir ideologies aside, students and faculty/supporter and opponent, and work to produce a Faculty Statement that the vast majority ofstudents and faculty could support. When I was a first year director of the SBA in April 1990, I went to meet with Dean Filvaroff about the Faculty Statement and he told me that the faculty could not amend the Faculty Statement due to the lawsuit, but he recognized some of the problems and would be willing to address them ifthe lawsuit was dismissed. Well Dean, the lawsuit isnow dismissed and I hope you are a man of your word! International Moot Court Competition by Greg Chestnut On behalf of the Jessup Moot Court Board, I would like to welcom back all Second and Third year law students, as well as extend a warm welcome to all First years. Last week, the Jessup Board proudly announced the Fall Moot Court Competition! Jessup is an international moot court competition which hypothetically takes place in the International Court of Justice located in The Hague, Netherlands. It is open to all second and third yearlaw students whohave an interest in enhancing their oral and writing skills. You do not have to have taken an international law class to compete. All die materials to writethe short brief will be provided to you. After submitting a brief, you will be coached on how to improve your oral and advocacy skills. Then the big day will arriveand you will orally present your case to a group of judges. The four best oralists and the four best brief writers will be chosen for the regional team. Then early in the Spring semester the team will compete in the regional competition. Last year's team went to Milwaukee and came back with prestigious oral awards. Who knows, maybe this year the competition will be held in sunny Cancun? So what do you think? If you're interested purchase the informational packets from the Law School Mimeo Bookstore on 9/3 to 9/5. You have plenty of time to writethe short brief which is due on 9/20. After the practice rounds, the competition will beheldfrom 10/1 to 10/ 3 with each competitor scheduled to argue once. The competition truly is a rewarding experience. You will improve your oral advocacy and writing skills, as well as have a moot court competition under your belt. Best of all, having competed in a Jessup competition can boost your resume for thefall interview season (employers eat it up!). If you have any questions, please contactKarin Stamy (Box 534)orGayKang (Box 427). Good luck to all the Mooters! THE CAREER DEVELOPMENT OFFICE and THE GOLD GROUP OF THE U.B. LAW ALUMNI ASSOCIATION (Graduates of the Last Decade) -present- GETTING YOUR FOOT IN THE DOOR: High Yield Solutions for Obtaining Legal Employment 4:00 p.m. September 11,1991 Room 109 John Lord O'Brian Hall Featuring: Douglas W. Dimitroff, Philips, Lytle, Hitchcock, Blame and Huber "Assessing the Market: Outlook for Legal Employment in the 19905" Michael J. Biehler, Jaekle, Fleischmann & Mugel "Successful Strategics" William C. Allrcutcr, Saperslon & Day, PC. "Conmisting Approaches to the Buffalo and New York Markets" ***WATCH FOR FUTURE PRESENTATIONS*** TheOpinion, 9 �MANDATORY STUDENT FEE WAIVER FORMS AVAILABLE ROOM 101 O'BRIAN HALL. DEADLINE: SEPTEMBER 13,1991 RequiL mTfoher oafer The following article was found in the desk drawer of the Italian Loafer. The Opinion feels that in the spirit of true journalism, as characterized by The Loafer's credo and the fact that he was still under contract to us, there is no option but to publish this last article be held in confidence. 5) Waivers will be granted if the student is eligible for financial aid loans or grants for education and is unable to pay the fee without incurring a debt that would hinder further study. In other words, the ratio of posthumorously. income v. expenses willbe considered in the determination of financial hardship. I met with a man who had no conviction. 6) No student will begranteda fee waiveron People don't realize the difference between the basis of non-participation in any SBA being convicted and having conviction, sponsored activity, program or event. between being committed and having 7) No expense for a car shall be considered commitment, between being an organism legitimate unless the car is necessary for and having an orgasm. Well, maybe they Uansportalion to and from work or school. understand some of that stuff. In any case, 8) No fee waiver shall be granted on the I get paid to teach them the difference. That basis ofundue financial hardship unless the meeting with Cardin Maglie was no student has made an application to the Ofexception. fice of Financial Aid for assistance. The Gamble and Gambol wasa gin joint in 9) Please type or print neatly. Special the seedy section ofdowntown, justa stone's attention will be paid to question #11 - throw from my own office. Shorter if you "reasons for waiver request." You may take the fire escape. That's where my pal attach additional sheets if you wish in order Cardin arranged for a meeting. It had the to answer any of the questions. Please be reputation for creating business for the sure to number them accordingly. hospitals, dentists and the city morgue. But N.8.: All applicants must make surethatall enough about the food. There was a tough information iscomplete and accurate and if crowd that liked to intimidateanybody who requested, must bring copies ofthe approdidn't come riding into the parking lot on a priate documents to substantaitetheirclaim. 1400 cc Harley-Davidson. I arrived at the Failure to fill in any section ofthe applicaG&G to find a parking lot crammed with tion or intentionally false information will hogs and a lone Yugo which was sprawled automatically disqualify the application. on its roof in a far coiner ofthe lot. I prayed that it didn'tbelong to Cardin. Dead clients SBA NEWS continued from page 1 rarely make good on bills. I did a gut check and entered the gin joint and how w react to the current one will Committee appointments will be anhalf ready to fightand halfready to run. My certainly infk. :nce later decisions. nounced September 16, 1991. Interviews fears were well founded and I gave a second WHERE WE ARE NOW: will be September 11 and 12 .Asa reminder to the whole God thing: Cardin was thought Today and iomorrow, Tuesday and to those who applied please sign up for an inside the piano, with his head. playing Wednesday 9/3 ar < 9/4 SBA Class Director interview spot on the SBA door by Thursthree had him in death grips Actually goons Elections will be held from 9 am to 4 pm in day, September 5,1991 4 pm. as one of Chopin's Piano they played Mandatory Student Fee Waiver Forms are front of the library. Nine candidates are Concerto's on the wheezy uprightpiano that seeking election forth*, irst year seats, three available onthe SBA door. The announced the music provided in only the place. The second years and two first years. Six seats cutoff date to apply is September 13,1991. karioki burned out when the Black Death are open to each class so obviously write in Please put the filled out form in a sealed Motor and Folk Club passed Cycle Singer envelope and slide under the SBA door, candidates will be accepted. town on Pete their revival through Seeger SBA can truly be effective but only if we room 101 O'Brien. If you have any questour. visual show. Striking have a Board of Directors. As president I tions please see an Executive Board MemAfter a second beer and the second would like to urge all the student groups to ber, our names and box numbers are posted movement of the piano concerto I put a fiver consider that SBA votes on your budget in the mailroom and outside the SBA office in the on the piano and they dropped tip jar each year and that it is in your best interest in the glass case. Cardin like he was a bar of soap. I helped to have members of your group on the SBA. All third years are asked to consider who him him a tonic water and and handed up Students might consider that if you have they would like to be their commencement lime. specific gripes concerning aspects of this speaker. Names, how that person can be "Where am I?" he asked as herubbed his reached, whether you have a personal conschool SBA is one avenue to begin to adthick skull. providentially dress those gripes. Anyway, Good Luck to tact with the person and a short statement I told he was between movements and him the announced(and unannounced candidates) explaining why you believe that he/she that he to be subjected to a unless wanted all and I ask to vote and make your voice should be the commencement speaker should command he'd better performance heard. be turned into the SBA office by 4 pm accompany me out the door. WHERE WE WILL BE: September 13,1991. So we went. The First SBA Meeting of the year will be Finally, groups are encouraged to use the We took my slowly dying auto to the 1991 at 5:15 September held 5 pm in room bulletin board in the mail room to announce 109. All are invited but please be warned meetings, events etc.. SBA will be updating Calumet and I asked Lou The Bartender for that it will largely bean orientation meeting it every two week. Look also for an SBA a tall one. "There was a blonde in here not too long of the class directors. Business will be event September 19, 1991 to be organized conducted beginning September 12,1991 at by the Social Committee ofthe SBA. Good ago, Loafer. But you wouldn't have had a ."5:15 pm in room 109 and each Thursday luck to all candidates and to all students. I chance with her," he replied as he placed a hereafter at 5 :15 pm in room 109. See the and the SBA look forward to working with glass of ice water on the bar. I corrected him. glass case outside the SBA office for the and for you. "Oh, a tall drink. Right away, pal," he r leeting times, agenda and minutes. eased off the bar and got me an iced tea. Cardin was gulping at the water. I asked Cardin to give me the situation. Why did he need me? "There are some people who don't think I know what I'm doing. People who are putting pressure on me to commit myself," his voice trailed offand he slumped forward onto the bar. I had seen the same look so often in other people's faces. He was confused, scared and needed help. I knew what to do. "What do you mean do I have any cash?" he responded hody. That always wakes them up. It also tells 20 Park Mui. Soltt 931 1500 Bromd*•> tonon, MA 02Hi me if they have any money to pay me. It's a New York, NY. 10036 (212)719 0200(800)472-8*99 (617)695-9935 (800)866-7277 fact that can't be overlooked. I repeated my (201) 623 3363 (203)724-3910 FAX: (617)695-9386 FAX: (212)719-1421 question butLou motioned to me. A hot tip. "Your tab is four months overdue. Pay up or I got to beat up on you," Lou said with a frown. I knew he wouldn't want to hit me, GUIDELINES AND PROCEDURES 1) The mandatory student fee is payable by all enrolled students at SUNYAB Law School. It is the policy of the Student Bar Association to grant waivers to those students who can demonstrate that payment of the fee will create undue financial harship. Applications will be reviewed on an mdivv idual basis. There is no minimum or maximum number of waivers which will be granted. 2) The guidelines for granting a fee waiver are limited to extreme financial hardship. Applicants are urged to suess those unique financial problems which distinguish them from the problems experienced by the typical law student. 3) Applications will be reviewed by teh Finance Committee and the SBA Executive Board. Appeals from the SB A decision will be heard by two SBA representatives and Dr. James Gruber, Director of Student Affairs. In the event you are denied a waiver and wish to appeal, you will be given the appropriate procedural details. 4) Applicants are requested to complete the forms and which must be turned into the SBA office (101 O'Brian Hall) no later than October 4th. Please place yourapplication in a sealed envelope, as all applications will THE PASSWORD: 10 The Opinion but he had a job to do. There are some moments when reality comes in too fast and the mind shuts down, making everything move in slow motion. All the details get etched in your mind as though a mad engraver were forcing you to commitall that information to memory even though you wishyou hadn't lived through it in the first place. When Cardin shothimself in the head at the bar, I had one of those moments. What caused him to commmit himself to such a senseless cause? I can't even begin to understand. Lou called the police and I grabbeda few bucks from the now dead Cardin Maglie to pay off the very alive and large Lou the Bartender. In the swarm of activity that followed I was grilled like a burgerand serv ed up to the chief inspector who wnated to hear my side of the story. I told him I hadn't had enough time to make up my side ofthe story. Sitting in a hardback wooden chair can be goodon the posture but whenhotfloodlights are added it becomes a taxing propostion. However, my landlord still couldn't sweat any money out of me. What he was doingat the police station I'll never know. I was dropped off after a couple of hours, left to sort my own way through the miasma of pop psychology I was familiar with to find an explanation for what had transpired from the time I had first talked to Cardin and the time he had said goodbye in his poignant and eloquent manner. It didn't quiteadd up. He didn'tcareabout anybody but himself, he didn't do anything thatcouldn't befound on hisresume within threehours ofcompletion, and healways billed outat maximum rates. He sure had things in order in his life. In the end my pop psychology that I had gleaned from endless cocktail parties told me that Cardin Maglie was on a self destructive path that evinced itself in technicolor in a bar in downtown Buffalo. I think his family has already sold the movie rights, wouldn't Cardin be proud of them? I guess I'll have to bust my tail trying to figure out this whole thing, clear my name and pay the rent within the next six column inches. After three hours on the phone and a twenty-five dollar conversation with his ex-girlfriend I found that Cardin had gone to the Lion's Club and tried to get a organ donated. A call to the Lion's gave me the key. "Yeah, I remember Cardin," replied the husky voice on the phone. I asked what kind oforgan he had asked to donate. "He wasn't donating, he wanted to make a withdrawal. Pretty queer, noteven an organ. He wanted to have a backbone implant," the husky voice gave a couple of shortchuckles before I could hang up the phone. Looks like Cardin found some backbone in the wrong place at the wrong time. A last ditcheffort at asserting a tenuous existence. I tried not to thinkabout it as I filled out a drop-add slip. Morbid thoughts naturally seem to accompany the whole registration process, but combine them with ones about self-destruction and you have a veryunstable combination. After about an hour oftrying to keep my Thursdays and Fridays freee I decided I m ighthave to dosomething drastic and go belowfull-time status. My scholastic committment has never been pristine. Aphone call from a friend gave me a smile. She had bought as house in New England and was opening a bed and breakfast, never agin to study law. All night friends called and told me what they were doing,one even mentioned she was going to Disney world. I smiled with all of them. Maybe I'll head to Letchworth State park and watch the leaves change color. It's only five weeks of school and I can catch up easily enough. �The Docket The Docket What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: What: When: Where: Lowdown: What: When: Where: Lowdown: Asian American Law Student Association Potluck Dinner. Tuesday, September 3,1991, at 6:00 9:00 pm. Professor Engel's House, 220 Ruskin Road, Snyder NY. All are welcome! You must bring a dish to pass. If transportation is required, contact AALSA. - Organizational Meeting for Womens' Legal Magazine Tuesday, September 3,1991, at s:oopm. Ist Floor Lounge, O'Brian Hall Magazine will include legal analysis, commentary, art, poetty, and a movie review column. Please attend our general interest meeting. Association of Women Law Students (AWLS Wednesday, September4,l99l, at4:oo pm. 1st Floor Lounge Elections for 1991-92 Steering Committee. Refreshments. All Welcome! Graduate Gay and Lesbian Alliance Meeting Thursday, September 5,1991, at 7:00 pm. 207 Talbert Hall, O'Brian Hall. "Education and Poverty in Africa" Thursday, September 12,1991, at 7:00 pm. Room 17,Baldy Hall, Amherst Campus Dr. Lynn Hon hasrecently returned from a consultancy in Africa and has taught and doneresearch at the University ofZimbabwe. What: When: Where: Law Students For Corporate Accountability Meeting. Monday, September 16, at 5:00 pm. First Floor Lounge, O'Brian Hall. What: Distinguished Speaker Series at UB Presents Peter Amett. Wednesday, September 25,1991 at 8:00 pm. Alumni Arena, Amherst Campus. The CNN correspondent and Pulitzer Prize winner who spent ten days behind enemy lines during the Persian Gulf Waris coming to UB to relate his experiences. When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: "Can Teachers Change?: The Buffalo African-American Curriculum Infusion Project." Thursday, September 26,1991, at 7:00 pm. Room 17, Baldy Hall, Amherst Campus Dr. Mwalimu Shujaa has been involved in the development of the Project and has researched independent African-American education." Linda Yalem Memorial Run Sunday, September 29,1991 To Be Announced. For more details, check with 543 Capen Hall. "Developing Educational Leadership." Thursday, October 10,1991, at 7:00 pm. Room 17,Baldy Hall, Amherst Campus Speaker Dr. Stephen Jacobson has been working with a research group on this topic. UB Fall Fest 1991 Saturday, September 14,1991. Baird Point, Amherst Campus, (rain location - Alumni Arena.) This year's festivities will include great music, fireworks and a beer tent. The Student Association will be providing extended bus services for the event. Musicians rumored to be appearing include Big Audio Dynamite and Jimmy Cliff. Buffalo Law Review 1991-92 EDITOR-IN-CHIEF EXECUTIVE EDITOR ASSISTANT EDITORS Nancy L. Schulman Margaret Phillips Tara Flynn Michael Roach PUBLICATIONS EDITORS David Kritz, David Niles, Donna Menghini, Brian Sullivan The Loafer, in his better moments: still alive. Loafer Killed: Lived and Died by the Pen On September 1,1991 at4pm The Italian Loafer was found dead in his office in downtown Buffalo. A client stumbled into the emotions ofmany students, Michael Moore expressed his concern, "Was the fountain pen damaged?" Other students have defor with the sleuth and was meeting office a cided to drop a class in a symbolic gesture of greeted by the grisly scene of the private unity. "There's nothing on this schedule I detective slumped over his desk with a liked anyway," said Dave Guertsen as he Montblanc fountain pen wedged between wiped a manly tear from his eye. his ribs. "At least he died tastefully," reThe pen has been placed in evidence and marked his secretary, Sue Generis. has already been givena place on display at Various police forces have expressed little the Italian Loafer Memorial Library and or no interest in discovering what circumDiner. "Actually, it's just a facade of a stances surrounded the loss of the famed library. The benches and vending machines investigator's life. An ex-Buffalo Police recreate where he did most of his work. official, who spoke on condition of anoLord knows thatLoafer never went inside a nymity, stated that pressures from the law library in his life," explainedProfessorCarr, school and City Hall kept any efforts at curator at the Memorial Library which will investigation in limbo. be open one day a week. "The schedule Rumors have already surfaced that the symbolically represents the amount of Loafer, as he was known to his clients and classes that the Loafer actually attended per friends, was m urdered by a client upset over week in any given semester," explained the publication of his problems in certain Carr. local newpapers. Otherspoint to an overdue The Opinion is offering a reward for delibrary book dating back to the Loafer's tailed information leading to the arrest and undergraduate days at SUNY-Buffalo. The conviction ofthe person responsible for the Librarians at SUNY-Buffalo meet any at- death of the Italian Loafer. Both elements tempt to discuss the possible connection are necessary before payment of thereward with a harsh "SHHHH" followed by closing will be tendered. The term "detailed" shall the library early. be determined by a panel hopefully consistThe community has been deeply affected ing ofreputable individuals. by this uagic turn of events. Mirroring the MANAGING EDITOR Eric C. Nordby BUSINESS EDITOR SYSTEMS EDITOR Mark Paley Mary Leary ARTICLES EDITORS Robert Attardo, Brian Carso, Andrew Isenberg, Scott Rusert BOOK REVIEW EDITOR Daniel Weitzner HEAD NOTE & COMMENT EDITOR Charlie Sullivan NOTE & COMMENT EDITORS Johanna Bartlett, Diane Bruns, Norbert Higgins, Mark Hirschfield, Meaghan Hoang, Robert McCarthy, Judy Shanley SENIOR MEMBERS Jeanette Brian, John Chiapinelli, Alison Edwards, Michael Feliciano, Linda Hassbcrg, Deborah Kerker, Marc Kushncr, Carl Morgan, Brenda Moses, George Snyder, Mark Üba, Javier Vargas, Chris Zucco ASSOCIATE MEMBERS Miles Afsharnik, Stephanie Argentine, Scott Becker, Elizabeth Bciring, Darin Bifani, Marissa Briggs, JackCanzoneri, Mark Chauvin-Bc/.iniquc, Jennifer Dcmcrt, Paul Deßosa, Elizabeth Dobosiewicz, Christine Dombrowski, John Foudy, Russell Fox, Lloyd Gerbush, Christopher Goddu, Mark Goris, Michael Griffcn, Madeline Henley, Stephen Hinck, Frank Housh, Mark Jockin, Craig Kellehcr, Raymond Kolarscy, Maxinc Lee, Christopher Marks, Joseph Marris, Christine Megna, Michael Moore, Henry Nowak, Elizabeth Redmond, Ruth Ritchell, Thomas Salatte, Daniel Spitzer, Gary Storm, Collen VanGelder, Ann Williams. TheOoinion, 11 �I sjsyvz I •*• I I •>• 99 **yourulj BAR ■ ...II 4 M HKUD BAR/BRI Leaves Nothing Tb Chance. BAR REVIEW The Nation's Number One Bar Review. 1500 Broadway, New Yor*. NY 10036 (212)715-0200 (800)472 8899 (201)623-3363 (203)724-3910 FAX (212) 719-1421 20 Park Plaia, Suite 931. Boston, MA 02116 (617) 695 9955 (800)866-7277 FAX (617) 695 9386 12 The Opinion � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-09-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/3/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4b48fcdb80ed5cfc117ac4c227a6150b.pdf fb2991ac1794c05a48ac5803e10f81dd PDF Text Text THE OPINION V01.32. No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW August 19, 1991 A UB Law Primer Andrea Sammarco Managing Editor Well, here you finally are. At long last, you've embarked on the path to true enlightenment, to worlds undiscovered, to your own Swiss villa and a Mercedes in the garage. You're on your way to becoming a lawyer, and to hell with Dan Quayle! Now if you could only figure out where to find a change dispenser for the (EXPLETIVE DELETED) copy machine! With that in mind, The Opinion has provided the following list of helpful hints to assist you in finding your way around the maze of Amherst's largest and ugliest (but beloved, nonetheless) lego-land of the north. Armed with the nuts and bolts of daily life at UB law, we hope to provide you with the time to actually crack open a casebook. The Mimeograph room: The law school mimeograph room (located on the second floor across from the law library), is only open from 10am to 12 pm, and will accept only personal checks as payment for materials. The chances are good that at least one of your professors will ask you to purchase materials there. Check around with 2ndand 3rd years to find out if they have that material requested by the professor in years past, which they could then sell to you for a discounted price. Third floor O 'Brian : The Records and Registration office window is the best place to go with any substantive questions you may have about classes, financial aid, etc., but they are only open from 10 am to 12 pm and 2 pm to 4 pm. ÜB's Records and Registration office may also be able to assist you. It is located in 232 Capen Hall. Fourth floor O'Brian: The fourth floor of O'Brian Hall is the home of qliite a few items of interest, including a smoking lounge and a vending machine area, containing the law school's only soda machine which dispenses cans. Transportation to and from campus: Shuttle service for UB provides transportation by Bluebird bus all the way from the Ellicott bus tunnel (located in the Ellicott Complex), to the Diefendorf Loop on the Main Street Campus. The buses will not stop at any point between the northand south campuses. The most convenientplace for law students to catch the shuttle is at Flint Loop, adjacent to Founder's Plaza and right outside O'Brian Hall. There is no fee to ride the shuttle, and bus schedules are posted in the bus shelter on Flint Loop. For those students who will be commuting by car, be advised that you must obtain a hang tag in order to park in student lot on the campus. These tags will be available for $3 in 232 Capen for a limited time. Parking tickets (an unavoidable fact oflife for car commuters) can be paid in Where you'll be spending your next three years, ifyou hadn't already noticed. Bissell Hall near the Coventry En- (mostly during midterms and fi- trance. nals) a one hour time limit is im- Computer Labs: Computer labs are located at the following locations: 212 Baldy Hall (Macs and IBMs), and the Science and Engineering Library (located on the 3rd floor of the Undergraduate Library in Capen Hall, containing Macs and IBMs). Using these facilities requires only a valid student ED and a start up disk, which is made available for a nominal fee. On busy days posed. Charles B. Sears Law Library: Thelaw library is located on floors two through seven ofO'Brian Hall, however, the only way to access any law library facilities, rooms, etc., is through the second floor entrance of the library, across from the elevators in O'Brian Hall. Scattered throughout the library are Dean Welcomes 1st Years sors, American legal realists, that law is not an inexorable system of rules to be discovered by logical deduction. But we have also gone beyond the valuable legacy of legal President's Message to 1L's Brian Madrazo On behalfof the Student Bar Association (SBA) I would like to take this opportunityto welcome back all returning students and all incoming 1 L's. I am not going to offer advice to the lL's because; during the coming days, you will be overloaded with advice from everyone you meet. I will just say I look forward to meeting you, good luck and I sincerely hope your three years at Buffalo are challenging. For the benefit of the 1 L's and all returning students who have no idea what the SBA does a brief explanation is in order. SBA is the student organization which is the representative of the students and is responsible for the administration of the mandatory student fee. SBA is comprised of four officers and a Board ofDirectors. This year Brian Madrazo(3L) is President of SBA, Kate Sullivan (3L) is VicePresident, Daryl Parker(3L) isTreasurer and David Chien(2L) is Secre- tary. The Board of Directors consists of six Directors from each class year and will be elected in early September (see related article). SBA also throws social events. The first one is a Welcome Back Party Thursday, August 22, 1991. Look for details for time and place in your mailboxes and in the classrooms. UB Law can be a very exciting place but, as with most schools, it is only as good as the people attending wish to make it. 1991-1992promises to be an especially challenging year and the talents of all students will be needed to make UB Law an outstanding experience for all those who attend. To that end I call on all students to become involved in the organization of their choice and help make a difference at Buffalo. Have a great year, study hard and GOOD LUCK to the lL's as you embark on yourlaw school careers. continued on page 7 Dean David B. Filvaroff It is a pleasure to welcome you, the entering first-year class to the Law School. This should be a special time for you as you begin the study of law in a most challenging era. I hope and expect—as you should—that your law school education will be intellectually stimulating and, in due course, professionally rewarding. But, no less importantly—and contrary to the image associated with many law schools—I hope that it will be a pleasant experience and that you, indeed, will have fun as we jointly explore the world of law. During the last decade or so, law schools in the United States and elsewhere have witnessed a dramatic change in legal studies. We have relearned the lessons of our predeces- realism. We have learned that social sciences—history, sociology, psychology, political science, anthropology, for example—have a great deal to tell us about the origins and operations of legal rules and legal institutions. We are specially fortunate in having on our faculty a large number of professors who possess relevant interdisciplinary exercise. We have also recognized that much of what is determinative in legal decision-making is rooted in social values. Law is essentially policy writ both large, and, often, in fine detail. Those involved in Critical Legal Studies and others have made us aware of how much is indeterminate in legal discourse and how much is a product of power, politics, and ideology. In addition to teaching practical wisdom, lawyering skills, and social responsibility, ourlaw school clinics offer first-hand exposure to the manner in which law operates in realworld settings and the ways in which it directly affects people's lives. This list is partial, but it reflects some of the diverse and existing curcontinued on page .> �PIEPER "^^^^^p The Bar Course That Cares>T?S«wilK^^l For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (516) 747-4311 The Opinion August 19,1991 2 �Student Bar Class Director Elections Announced order to get your name on theballot each candidate must gather forty signatures. Students may only sign the petitions of members of their own class but may sign more than one. IL' s please note that you may sign the petition of someone whois not in your section. Petitions may be picked up outside of the SBA Office starting Monday, August 19, 1991 and are due in the SBA Office by 4 p.m. Tuesday, August 27. Please note that each candidate is encouraged to write a brief "candidate statement" which will be published in The Opinion. Candidate statements are also due in the SBA office by 4 p.m., Tuesday August elections much earlier than usual. In 27,1991. ATTENTION ALL STUDENTS: The SBA is looking for 18 men and women, six from each class, to become Directors on the SBA's Board ofDirectors. Last year only 7 people ran for the six 1L Directors, 6 people for the 6 2L Directors and all 6 3L Directors were write in candidates. The SBA would very much like to improve on those numbers and hopes that those who choose to run and are elected are willing to work on making the SBA the premier organization in law school. Given the quality of many of the student groups that task promises to be difficultand must be started as soon as possible. To that end SBA will be holding sary, will be held September 10th and 11th. The first meeting of the SBA is Wednesday, September 11th,room and time to be announced. didate will beallowedafiveminute The SBA encourages all students who floor wish to participate in the SBA to become presentation and then the will be opened to questions from candidates and strongly urges all stustudents, reporters from The dents to vote. Because the timing ofthe Opinion and executive officers of elections is earlier than normal all canthe SBA. All students areencourdidates are urged to begin their camaged to attend. paigns as soon as possible and keep an Elections will be held from 9 eye on the calender. Good luck to all the a.m. to 4 p.m. Tuesday and candidates and may the best people win. Wednesday, September 3dand 4th 1991 in front of the library. Students may only vote for six directors in their own class. Theresults will be announced on Friday, September sth. A runoff, if necesCandidate forums will be held on Wednesday and Thursday August 28 and 29,1991, room and time to be announced. Each can- SBA Elections Sept. 3 & 4 SBA Standing Committee Applications Available Each year the SBA appoints students to various faculty committees. These students serve as the students representatives on these committees and are able to affect the direction the school takes on various matters. The following is a breakdown of the various committees with student membership. Academic Policy and Program Committee (APPC) 3 Students This Committee considers proposals for changes in the academic program and graduation requirements. Proposals come from faculty members, deans and students. After the committee reviews a proposal, it makes a recommendation to the full faculty. Meetings are held when the Committee has proposals to review, i.e. somewhat irregularly. Academic Standards and Standing Committee (ASSC) 3 Students. This Committee acts on petitions from students for readmission or waiver of law school academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. By the nature of its work, the Committee requires observance of strict confidentiality. Its meetings are closed to non-members. It meets when it has sufficient matters to review or when action with respect to a student petition is particularly urgent. Admissions 4 Students This Committee sets general standards for admission andreviews files of candidates. It generally operates through subcommittees which make recommendations to the chair. Its work is particularly heavy in the period from January to May when files must beread expeditiously. All work of the Committee is held in strict confidence. Appointments 3 Students This Committee screens candidates for faculty positions, arranges visits and interviews, and makes recommendations on appointments to the full faculty. Only positive recommendations of the Committee are reported publicly. The student members are expected to contribute to the process of screening resumes, to organize meetings at which candidates can visit with a diverse group of students, and toreport to the Committee student reactions to visiting candidates. The Committee meets frequently in the fall and in the early part of the spring semester. against students. It isalso charged with establishing the method of student evaluation of teaching. The workload depends on the number of cases filed, with respect to which the Committee conducts hearings and/or engages in other forms of investigation. Its proceedings respect the confidentiality of the parties. Library Committee 3 Students This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequendyand serves mainly as a channel of communication between the users of the Library and the Library staff. Mitchell Lecture Committee T Student This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows, that is, distinguished visitors who lecture and meet inProgram Review Budget and formally with faculty and stuCommittee dents. It meets when it has pro(BPR) 3 Students This Committee reviews the non- posals to consider. personnel part of the law school budget and makes recommendations Committee on Special Needs to the dean on his expenditure plans, 3 Students particularly those with respect to This committee will examine student organizations and programs. the learning and access needs of It meets infrequently, normally only students who are prevented from when specific proposals require ac- fully participating in their legal tion or in spring when the vice-presi- education because of unique dent allocates the funds for the law learning and physical abilities. school budget for the next fiscal year. This committee will be focusing on issues facing students such as Faculty-Student Relations Board the inability to access library fa(FSRB) 3 Students cilities, classrooms and other arThecommittee acts on student dis- eas of the law school. ciplinary matters, student grievances Anti-Discrimination Policy Committee 3 Students This committee will help facilitate decisions concerning the anti-discrimination policies of the school. Research and Writing Committee 6 Students This committee has been created by the SBA with two missions. First the committee will be responsible for actively monitoring the current Research and Writing Program. The committee Will interview in each section, review the course materials and issue reports on their findings. This committee will also be charged with investigating how other schools run their Research and Writing programs and toreport back to the SBA on whether it is feasible for the students to run any part of the program without school support. This committee will have one faculty/administrative representative. Committee applications may be picked up outside of the SBA office starting Monday, August 19, 1991. Applications must be turned in by 4 p.m. Friday, August 30, 1991 to the SBA Office. Interviews will be held September 10th12th, time and room to be announced. Results will be posted Monday September 16, 1991. There will only be one round of interviews this year. Remaining spots will be filled by the Board of Directors. All are invited to apply. Studentrepresentation on thesecommittees is hot a gift from the administration but the result of much effort by students in the past. It is up to the current student body to ensure that the efforts of those who went before us were not in vain. Students who are interested in making a difference should apply. Dean's message continued from paage 1 in American legal education. YourLaw School at Buffalo not only has kept abreast of progressive change in legal study but has at- rents tempted to serve a leadership role in while emphasizing the lawyer's nurturingand advancing creative and public service role and commuchallenging development in the law. nity responsibility. We welcome you to the Law Significantly, we try to do all this . School and wish you well. I look forward to meeting with each of you and working with you during your years here and thereafter. August 19.1991 The Opinion 3 �opinion V01.32. No. 1 air EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: August 19,1991 John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson VitO Roman Michael Radjavitch The Opinion Mailbox Letters to the Editor: "Blum Makes Clarification" In the final issue of The Opinion last Spring, Professor Blum had a lengthy article under the headline "Blum Explains Tenure Difficulties." A paragraph was inadvertently omitted between the end of the text on page one and its continuation on page 9. The omitted portion reads as follows: smoke and mirrors." After discovering the shenanigan at my reappointment, which had caused generally positive SCATE evaluations to be grossly misrepresented by a few negative letters, I was reassured by an influential senior colleague that this irregularity had not been designed to sabotage my tenure candidacy. Its purpose was merely to let me know who was in charge. I was told that the damage done was not serious, but I could do serious harm to my future prospects by lashing out against the evaluative procedures. Perhaps mistakenly, I agreed to keep matters quiet. This may have been a mistake because it appears there have been continuing attempts to make me an example whosefate would remind others ofthe need to obey the hegemonicfaculty member. Over time one attack seemed to give way to another.... EDITORIAL Welcome to the SUNY-Buffalo Law School experience. There are thousands of cliches that can be used to encapsulate the three year trauma into one pithy sentence. The one's about the experience being what you make of it and so forth are appropos, and the few that discuss open minds and attitudes should also be heeded. Specific quotes aren't necessary since everyone by now has a litany of material to fill in the blanks. As an institution dedicated to the pursuit of the balance between doing justice and applying the law the students and professors have the task of changing the present situation by addressing the failures of our system. Dan Quayle's address to the American Bar Association, where he told the audience that America had too many lawyers, is indicative of the growing disappointment with the scant degree of public service attorneys and the ever burgeoning ranks of civil suits and insurance claims made in what can euphemistically be called "bad faith." This is not an apology for lawyers wanting to earn a healthy salary or a call to arms for persons to join a pro bono crusade and take an oath of poverty. Lawyers must recognize that the American society, for good or ill, has become thoroughly enamoured with the perception of the attorney as a paladin protector. When the attorney proves to be human it is seen as a betrayal. Funding for public service attorneys is the obvious answer and unfortunately thatremains a distant solution. Alumni participation in the Loan Repayment Assistance Plan has always been used by students as a panacea, but the students forget that when they graduate they join that body known as alumni. It is time to break the cycje and dedicate time and,njoney,to the principles shared by our profession. Equal access to the law. iCooyight 1990 The Opinion. SBA. Any reproduction of materials herein is strictlyprohibited without the express consent of The Opinion is published every two weeks during the academic yuear. It is the student newspaper of the State Jnversity ot New York at Buffalo Schoolof Law. SUNYAB Amhorst Campus, Buffalo, New York 14260. The views expressed in mm paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, thirdcass postage entered at Buffalo. NY. Editorial policy of The Opinion is determined ooltoctrvery by the EditorialBoard. The Opmon is funded by the SBA from Student Law Fees. •"e EcHors. DESMOND MEMORTAI. MOOT rOIIRTCOMPF,. TITION: '91 ofFvonfc Plan on participating and mark your calendars: September 4 Orientation for Prospective Competitors, 5:30 pm. 12 Problem Distribution, 9-5 pm (Rm 11) 23 Outline of Argument Due, 9-5 pm (Rm 11) 30 Outlines Returned to Mailboxes r J October 7 Letter of Intent Due, 9-5 pm (Rm 11) 14 Briefs Due, 9-5 pm (Rm 11) NOTE: No Briefs Accepted After 10 pm. Happy Hour! 5-?pm 15 Practice Rounds Begin 20 Practice Rounds End 22 Preliminary Round #1, 6:30-8:30 pm* 23 Preliminary Round #2, 6:30-8:30 pm* 24 Preliminary Round #3, 6:30-8:30 pm* Announcement of Quarter Finalists at Happy Hour 25 Quarter-Finals, 6:30-8:30 pm* 26 Semi-Finals, 11 am* Finals, 3:00 pm (Moot Court Auditorium) Banquet, 7:00 pm (TBA) November 1 Notices to Competitors on Board Positions �O'Brian Hall 4 The Opinion August 19, 1991 Copies of the entire article with the omitted portion included are available from Sue in Room 419 O'Brian. Jeffrey M. Blum Associate Professor of Law Mandatory Student Fee Waiver Each year a mandatory student fee is charged all students. It is currently $34.50 per semester and is used to fund student groups and the SBA. Students may have this fee waived for a variety of reasons including financial ones, study abroad, and others. If you feel that you qualify for a mandatory student fee waiver, please stop by the SBA office during the next two weeks and pick up a form. All student fee waivers are held in the strictest of confidence. Comings and Goings The Qpinipn staff wishes to extend its heartiest congratulations to Professor Girth on her recent appointment to the Deanship of Georgia State University Law School. We wish her the best of luck in her position. Her tenure at UB Law School will be fondly remembered. Jack Schlegel has announced that he will be stepping down from his position as Associate Dean as of the fall semester, in order to devote himself full-time to teaching and scholarship. Palmer Singleton is on leave for an undetermined period of time, and will not be teaching any classes this fall semester. • After spending part of his sabbatical in Australia, Tom Headrick returns to UB Law this semester. Virginia Leary returns after a year long sabbatical in Europe. J'm Atleson has arranged to spend the fall semester at Georgetown Law School. Victor Thuronyi will be working in DC this semester as counsel for the International Monetary Fund. Louis Del Cotto has decided to Jom the ranks of the retired, but will still continue to teach as professor emeritus on a halftime basiS- Guyora Binder will be teaching at Stanford this semester. �Features Editor by Darryl McPherson An opening line like "Welcome to law school" seems appropriate, but I think that would be too typical and predictable.By now, all newcomers have been enthusiastically greeted by the Orientation Committee, and those law school veterans returning from their too brief summer breaks have encountered old friends and are catching up on various war stories. Unlike most of them, I have no tales to tell. I wasn't in the trenches of some law office; instead, I spent most of my time crafting a narrative of love, evil, adventure, and ambition. This isn't your typical 'what I did on my summer vacation' essay. Beforeyou startrunning away, I'll make it clear that this isn't about that subject. (But if anyone wants to know, catch me and I'll try to tell you whatever you want to know.) Rather, this should serve as an introduction to me, this column, and the type of political reflection that's so prevalent in this place. The life's blood for existence at UB Law is conflict. The school, the students, and the administration thrive on it. All seek it out, and if it doesn't exist, you can be sure someone will create it. As certain as I'll be dressed in black, I know somebody will be up in arms about something. The whole process is made particularly easy considering the political climate. A Conservative US President and Supreme Court make discussions in the liberal state of New York, and especially in this school, very interesting. The nomination of Clarence Tho- mas for a seat on the high court should be a major topic. His confirmation hearings are coming up, and I think it's fair to say that everyone is quite curious to see how they'll turn out. I expect most UB Law students oppose his nomination because of hisconservative leanings. Atthe same time, a conflict arises because, though liberals across the country wanted a minority pickedfor theposition,they aren't comfortable with Thomas. Allow me to take a moment to interject some personal aspects about myself to let everyone know where I'm coming from. I think of myself as a political moderate with aconservative demeanor and liberal sensibilities. I'm vehemently pro-choice, and conceptually pro-death penalty (there's probably another column in me regarding my reasons for that, but that's another day.) I passionately hate George Bush, but I like the Federalist Society (ÜB's faithful contingent of young Republicans). Phil Donahue is my hero and I'm not ashamed to admit it. Jim Maisano (yes, I'm naming you in my column again) calls me "the Fence", presumably because Ican work both sides of any issue. A perfect case in point being the Thomas nomination. I wanted a minority to replace the retiring Thurgood Marshall, but I preferred someone who would protect abortion rights. For me, protecting that right is more important than the moral victory of having a minority on the court. At the same time, I seea tremendous need for a minortiy on many levels. To make matters I think of myself as a political moderate with a conservative demeanor and liberal sensibilities. funded health care workers toraise a few issues. How supposedly rational, allegedly intelligent Supreme Court Justices could rule to allow such an outright disregard of individual frefedom astoUndsmevThisis the kind of thing that convinces me that America is not the bastion of freedom it should be. Let's face reality; sometimes your tax dollars do things you don't like. That's how the system operates in this democracy. Some people don\ like art supportedby the NEA, others don'tlike the CIA in Central America. The First Amendment is there for people to voice their dissatisfaction with this system. To cut off funds in one case and to not do so in another is tantamount to creating two tiers of justice- one for the favored, another for the despised. And here I was almost starting to believe that stuff about inalienable rights. The controversy in Wichita, Kansas between the Justice Department and a federal district judge's power and jurisdiction to handle abortion protestors should also stir things up. The blockade issue strikes close to home considering the work Professors Finley and Marcus have done for local clinics besieged by antichoicers. One of these days, I'm going to do a column that'll look at the ins and outs of the abortion question, so I'll try to reserve my comments. All I can say is that I want Judge Patrick Kelly to benominated for the Supreme Court. He's gotguts, integrity, and is an example of the kind of leadership this country sorely needs. But that's just my opinion. Ultimately, that's everything you'll read in this column. This, and future columns, will be short explorations into one law student's perspective. This is theeditorial with a difference, with a heart and soul. And if anyone disagrees with me, that's to be expected- that's what this country is all about. This may seem like an outlet for my massive ego, but somewhere along the way I hope to convey a f fiftle Wof" myseff onfo the printed page. My style can be highly personal at times, and I hope my emotions come across as etrongly as I feel them. That's why my name is on top. , , - - McPHERSON! worse, though I oppose Thomas, I support his right to be conservative. A black person, like anyone else, has the right to decide his politics. It was thoughtcalling for a minority to replace Marshall would secure a liberal seat. That didn't workwhen Bush bagged that most elusive game known as the conservative black. Now I can only hope that Congress demands a balance in the Court during the confirmation hearings, therebyeliminating Thomas and any other hardline conservatives. Personally though, I think Thomas will survive the hearings. America knew what it was getting into when Bush won the election. If it didn't want a conservative court, Dukakis should've been elected. Abortion, as always, will provide a fertile ground for discussions. I expect the Rust v. Sullivan case regarding the virtual gag orderrestricting abortion counseling on federally - The Opinion Publication Schedule Fall 1991 Publication: Deadline: Sep. 3 Aug. 28 Sep.l7 Sep.ll Oct. 1 Sep. 25 Oct. 15 Oct. 9 Oct. 29 Oct. 23 Nov. 12 Nov. 6 Nov. 26 Nov. 20 Professor Girth to Become Dean at GSU The law school at Georgia State University announced that Marjorie Girth will become its new dean, effective January 1, 1992. Marjorie will remain a member of our faculty until then and will be teaching here during the fall semester... Obviously, Georgia State's gain is our loss. Congratulations are due Marjorie, but we and her students miss her. will The Opinion \ ByM9u| jU I LtriNr.n i aw nooK go., inc. i \ i Massachusetts aye.. nw 20001 r.A DISCOUNT LAW BOOKS Wh y p " ' fu price and wait in lon9 lines CALL NOW FOR THE LOWEST PRICES IN THE COUNTRY--1800 253-1594 Recruitment Party Free Beer & Pizza Watch for Time, Place, & Manner Announcements August 19,1991PO5Tapghineeo The Opinion 5 �The Italian Loafer by John B. Licala Like the swallows to Capistrano in the spring, the students flock back to SUNY-Buffalo during the last gasps of an all too brief summer. They had tried to get rid of me by sending me in exile to Italy for seven weeks after the spring semester tailed off, butthe plan backfired. Their maneuver only solidified my resolve to return to my desk and continue my attack on those individuals I had personally found wanting in the balance of character and fitness. The people in Italy were overjoyed to see an American, take his money and send him on his way. Isn't that what hospitality is all about? Seven weeks of walking around the peninsula looking at tombs and halffallen arches gave meinsights intothe eternal consistencies of human nature. It would help me back in the States provided I was able to get the right documentation to get entry into the land of Big Breakfasts. The key difference between the USA and those smaller places around the Mediterranean Sea (Club Mcd, as it were) is that Americans tend to eat something before the noon hour that actually reaches the level of digestable vittles. I can't explain it, we just like to eat breakfasts that can't be lost in a book bag. At least I do. Being in exile can play with your mind in ways that can't be explained by a Rorshach test and even after tdl the cultural exposure that can be gleaned from opera, the Sistine Chapel, Florence, and various museums, I developed a resentment at being in a foreign land. Perhaps my resentment would be less if I didn't have to bribe the customs official with some Ray Ban sunglasses, Levi jeans and Chuck Taylor Converse All-Stars. That I was wearing all of them at the time didn't help the situation. I escaped the country with my dignity bruised but my ego substantially bolstered. A trade I can live with, even if some associates of mine cannot. On a sunny Monday morning I made it back to my office and was greeted by a slew of letters on my floor which resembled the remains of an artistic disagreement between Andy Warhol and Jackson Pollack. Fortunately I knew how to handle such situations from having travelled before: I went out for a second breakfast. I called ahead to my favorite breakfasting establishment and ordered the usual. At the diner I saw a friend who had spent the summer putting in seventy-hour weeks at a firm that was large enough to apply for statehood. I remember she had left for her tour of duty with bright eyes, a slight blush to hercheeks and an optimistic nature thathad appeared to be indomitable. The picture of youth, innocence and inexperience. She was sitting in a booth in the corner, my booth, drinking coffee 6 The Opinion August 19,1991 and chain-smoking filterless cigarettes while staring out the window in an addict's stupor. I picked up my breakfast at the counter and threaded my way to the booth and signalled for the waitress to bring some coffee. It made me think of those clubs where old men hang out playing checkers and rotted to death in overstuffed chairs. Since it was a public place I was a little wary about praying over my breakfast. The last thing I needed was trouble withthe ACLUafter that fiasco with Immigration and Naturalization Services. After observing a moment of silence I asked her what was wrong. Her eyes flickered over me in absent recognition then she snorted derisively as she realized that I was back from exile. "Never could keep you away from a weeping abcess." That wasn't the sort of greeting I expected so I tried to determine if it was a complement. I gave up and repeated my question. "I stopped working at Whitemann & Tightwad last week. I put in more time there than I did in classes the last two semesters and this is how they repay me," she took a drag off her cigarette that lasted about ten seconds and then looked at an envelope in her hand. She tossed the envelope to me and amid a cloud of smoke she spat out a few epithets. I had finished my breakfast by that time including the plastic jellypackets, an odd number of sugar packs despite warnings from a dedicated babysitter that I would develop intestinal worms from such a practice. I opened the envelope. It was a job offer. She was livid. "Those bastards are trying to kill me. This is how they treat me, after all I did for them. It's moments like this that make me appreciate the Second Amendment, a right I ought to flex more often." I sipped my coffee and tried not to grin like the Cheshire cat. She needed to hear some words of encouragement, a comment with sensitivity. I hadread too much Ayn Rand and R. W. Emerson to be inspired to give those words of banality. I looked around and told her to get with the program. I woke up on the floor and for a moment I viewed an upside down world with a siren ringing in my head and coffee dripping into my collar. A trip to the restroom proved that she used my face for a pinata and I wasn't around to give her the prize quote. After washing my face I went to settle the bill and Veronica told me my meal was paid for by my breakfast companion. "She left a message for you. 'Welcome to thereal world of corporate law.' What's that mean?" I smiled. I was back in school. Jon "ie 0)Moa iti tat people hie Justice latum Sain (lefii sion riti John S. Liati Student Group Notice In last semester's final issue of The Opinion student groups were asked to provide descriptions of their respective, if not respectable, organizational goals. The response while high in quality was woefully short of a full tally of student organizations. To whit, one group responded. If groupleaders are motivated to action it is recommended that you submit descriptions by August 29,1991. STUDENTS FOR CONSTITUTIONAL CONCERNS (SCC): Are you tired of joining groups where everyone thinks the same, where one person speaks and everyone nods in boring approval? If so, you should consider joining Students for Constitutional Concerns. SCC is an organization committed to the expansion of liberty. The group is not bound to any political ideology and encourages students ofajl viewpoints and backgrounds to join our "mar- ketplace of ideas." SCC provides UB Law with a forum whereby diverse ideas may be excahnged in an open yet robust manner. The group promotes the free exercise of all individuals to peacefully state views on any issue, in an orderly andcivilized manner, without fear of official re- prisal. SCC meets once every two weeks for about an hour. An important constitutional or political issue is selected for debate, with a brief article distributed to all members before the meeting. Members rotate organizing the meetings. SCC also sponsors various debates and lectures. The group relaxes from the pressures of law school with social gatherings and holds one big party each semester dedicated to eating and drinking heavily! SBA Welcome Back Party Thursday, Aug. 22 Location: TBA �UB Law Primer Am(North) berst continuedfrom page J Campus Map BISON database terminals, which can give you information on the location, description and status of any library material within the UB collection. The second floor contains reference materials and federal and New York State court reporters and digests, as well as CD-ROM terminals. Also located on the second floor are the Westlaw and Lexis terminals. The third floor contains law reviews and the state core collection. The fifth floor houses the AudioVisual Department, and theMicroform collection, both of which are located in the Koren Center. Reference librarians are very helpful when it comes to locating materials, using the BISON system, or finding the most productive spot to start your research. Remember that you will need a valid student.lD to check out materials. Alsoremember that lawreviews which are not returned within 24 hours will generate fines of $1.00 per hour. If the law library doesn't have what you are looking for, don't despair. An underutilized but very valuable source of information for law students is theLockwood Library, located close by on the spine between Baldy and Clemens Halls. Law students will find that Lockwood's status as aU.S. government documents depository provides access to important collateral information to legal research. Copy Machines: Copy machines which are accessible to students are located in the law library on the second and sixth floors. Copies are .10 a piece, payable either with change or a vendacard. A Vendacard machine and a change machine are located to the left of the circulation desk on the second floor. Classrooms: First year classrooms and lecture halls are located on the first floor of O'Brian. Upper level classes will generally be conducted on the second floor. Seminars and very small classes (under 15) may be held in the fourth floor conference room. Where to Eat: In addition to a small selection offast food venues in the Amherst Campus Mall (located by the campus bookstore on Putnam Way), Food Service also operates a number of cafeteria style dining facilities. The closest is the Baldy Walkway Food Service Cart, open until 2 pm weekdays. Food Service also maintains a "sister" facility across the way in Jacobs Hall, also on the second floor. The selections of both are very limited, but . BUILDING INDEX 20. BAIRD MUSIC HALL 24. BAKER CHILLED WATER PLANT lA. BALDYHALL (Education, Economics. Philosophy, Library .SrudVs) 27. BEANE CENTER (Physical Punt.' Jrwp) 14. BELL HALL (Engineering) 22. BISSELL HALL (Pubic Safety) 33. BONNER HALL (Efcctneal Engineering) 31. BOOKSTORE 23. CAMPUS MAIL CENTER 8. CAPEN HALL (Central Admmisrrarion/Lihranes) 32. CENTER FOR TOMORROW 18- CLEMENS HALL (Arts and letters) 37. COMPUTINGCENTER 2. GOVERNORSRESIDENCE 17. LOCKWOODMEMORIAL 4. COOKE HALL (Pharmacy) HALLS LIBRARY 28. CROFTS HALL (Prrsonnt:!/ (A) Lehman Hall (C) Dewey Hall 9, NORTON HALL A^vrpwsicSmßtsK inn irci.[-■ B b»3)<%riirXrJHKL'£-a.r«o>i daiWrAitoHwa' s >V* 3. DORSHEIMER LABORATORY/ Ecorvwucj) 26. HELM BUILDING (Gtwral GREENHOUSE (.Wu:.Sorn.,76. Receivine/Wtmlvuic) PARK HALL 1. ELLICOTT COMPLEX -21. RECREATION AND 5. HOCHSTETTER HALL (BioJopy) 11) Fa/go Quadrangle 29. HUMAN RESOURCES ATHLETICSCOMPLEX (2) Porter Quadrangle 19. SLEECHAMBER HALL DEVELOPMENT CENTER (3) Red JacketQuadrangle 40., INCUBATORCENTER (Bari 25. STATLER COMMISSARY (4) Richmond Quadrangle (5) SpauldingQuadrangle Rtlllrch Park) 34. STUDENTACnvmES 35. JACOBS MANAGEMENT (61 WilleionQuadrangle CENTER (7) MillardFillmore Academic Center 39. STUDENTACTIVITIES CENTER (8) Katharine Cornell Theatre 12. JARVIS HALL (Erynttrim) ADDITION Cenurucocm\xnia~ (9) Albert P. Sy Lecture Hall 11. KETTER HALL (NatioKdCtnter 7. TALBERT HAU fStudent 6. FRONCZAK HALL (Physial Gowenvnera/FoorJ Service} EarthquakeErxpnarmf Research, for Geography) Engmeering) 3tt UNIVERSITYSTADIUM 13. FURNAS HALL (Enpnernng) 10. KNOX LECTURE HALL 38. FINE ARTSCOMPLEX (ProposeD CENTER , convenient. Other dining facilities include the Student Activities Center (SAC) Cafeteria, the Talbert Dining Hall (which has on of the better selections of vegetarian food on campus), and the Norton Cafeteria Unfortunately, we are unable to provide you Attention: Call for organizations to submit recruitment statements and activities for placement in The Opinion. with other useful tidbits, such as where to find a decentresearch and writing program, or a lounge for non-smoking law students. But if youkeep this little list handy, at least you will be able to maneuver the maze of the Amherst campus with a confident stride and a self-assured smile on your face. Coming Soon to a Lounge near you: The Law School Mac Lab 15 Macs & 2 Laser Printers for your legal drafting.convenience. Tentatively scheduled to open within the next three weeks. . August 19,1991OTphinPeo7age The Opinion 7 �mw-^ ■ mmmmm^^~'»^^*''*mmTamu^mwmmwmmwmmwmmmmmimmmmmk^m * 8 The Opinion August 19, 1991 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-08-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 32 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/19/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 32 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0eb4c2b2b25ee1f933bf9c993ea5c9be.pdf 53b123a785c54774fdf3ec63961a7da8 PDF Text Text THE OPINION Volume 31, N0.20 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Blum Explains Tenure Difficulties JeffBlum It now appears likely that over the summer I will need to undertake several activities that will cast our school's administration and some of its faculty in a negative light. These activities may well come to include intitiating litigation based on theories of breach of contract, misrepresentation, violation of due process and defamation of character. They may also include circulating information through the academic grapevine in order to assist a prospective job search in the event that I am forced to seek academic employment elsewhere after being tagged as a tenure reject. More than simply job security is involved here. I am someone who would like to influence colleagues within the law teaching profession as an indirect way of promoting certain long overdue patterns of law reform. I have some friends at first rank schools who would like to help me obtain employment at other schools that would provide the kindsof exposure to make such influence a possibility. But they have advised me that it would become politically much more difficult for them to get me any such joboffer if I am denied, or known to be on the verge of being denied, tenure at SUNY-Buffalo. This is because law faculties tend to place great stock in the judgments of other faculties unless they have substantial information to demonstrate that a given faculty is acting in an irrational or highly irregular manner. Since January I have been trying to figure out ways of protecting my career prospects without significantly damaging the school's reputation. But so far no luck on this front. Part of the reason I have become so adament in this struggle is that I am one of only a handful of law professors around the country who have become active on the issues of paramount concern to me. A collection of letters and memoranda illustrating the gross irregularities and unfairness of some current practices at ÜB, as well as grounds for legal claims are on file in the library. I will not reiterate them here. I do, however, wish to highlight some of the principles at stake in this conflict. Being acutely aware of these and of how they have been violated has contributed to my decision to take a stand. That decision has been reached slowly, in stages and withsome dificulty. Initially I had been assured by a number of people that matters would almost certainly settle behind the scenes in a manner that minimized the damage to the reputations of all concerned. In this respect I have been repeatedly disappointed. I was invited to enter into a negotiation process in February which got me to commit to a course of action, but yielded no offers of any kind from the other side. Since then the positions taken have been consistently ones ot "hardball," despite the best efforts of my convenor and mediator, Ken Joyce. From Associate Dean Schlegel's circumvention of my repeatedly expressed desire to participate in future planning for the legal research and writing program, to Dean Filvaroff's refusal to call a meeting of the tenured faculty to discuss my situation, to Interim President Greiner's refusal to allow settlement or even to communicate with his old friend, Ken Joyce, the message has been consistent and clear: escalate further or simply give up. One of the things one learns in lilfe is to make the best of painful or difficult situations. In this case the best that can be doneis to use our current juncture to recall some of the basic values and principles of universities that are here being tested. In particular I call your attention to the veryfundamental notions of meritocratic evaluation, freedom of inquiry and intellectual diversity. Sadly, it is the case that no instiution can hope to maintain high national standing as a school of law for very long if it does not adhere to these principles. But consider this history: when I came to this law school five years ago I was seen as a very strong tenure candidate who had already published more and received more recognition in the broader disciplinethan most people who receive Peaceful Protest Becomes Violent by Andrea Sammarco Managing Editor A protest over the proposed budget cuts affecting the law school erupted into violence Wednesday afternoon, April 24, when the students attempting to enter a classroom were rebuffed by those inside. The protest was specifically designed to voice student concerns that critical programs would be affected by the New York State budget crises. A majorfocus of the protest was the proposed scrapping of the Legal Methods program at the Law School, to begin in the Fall Semester of 1991. Approximately 100 students marched through the halls of the law school, banging on garbage cans, entering and disrupting classes, and chanting slogans in support of diversity at the law school. In addition to the march, a petitition was drawn up to enlist the supportfor maintenance of the Legal Methods Program and similar programs at ÜB. The march was organized by the Black Law Student Association, the Latin AmericanLaw Student Organization, the Asian Law Students' Association and the National Lawyers' Guild. Undergraduate students also participated in the march. The protest remained peaceful until the marchers reached the first floor of O'Brian Hall. After entering room 106 and marching through the classroom, they attempted toenter room 108, where Professor Wade Newhouse's Collective Bargaining class was taking place. Professor Newhouse reportedly told them, "I don't care what you are protesting, you are being disruptive." The protestors then turned to leave, while others began entering the classroom through the second door of the room. It was at this point that Joseph Fahey, a student in the class, attempted to close the second door to prohinbit the protestors from entering. After three unsuccessful attempts to shut the door on the marchers, witnesses in the class said that "a fist just came flying around the door, and hit (Fahey) right in the temple." That fist belonged to Jason Esposito, an undergraduate student, who claimed that another protestor, Pamela Howell, was being attacked by Fahey, which prompted him to come to her defense. Fahey told Public Safety officers that he was merely attempting to shutthe doorwhen EsDOsito assaulted him, however, Howell corroborates Esposito saying that Fahey did "push her down". Other students in the class and the protest became involved in the fight. One unidentified student from Newhouse's class was seen by several protestors asaulting Esposito, but this student was not implicated in the fight by Public Safety officers. An unidentified protestor also assaulted Fahey when he had left the classroom. Both Esposito and Fahey sustained cuts to the forehead and face. Public Safety officers arrived at the scene approximately 15-20 minutes after the incident. Jason Esposito was charged with third degree assault in the incident, pursuant to a complaint filed against him by Fahey. Esposito was led away in handcuffs. It was expected that Esposito would file a similar charge aaainst Fahev reaardina the incident. tenure on this faculty. I chose UB over two other schools—one of which was offering a higher salary and tenure in two years—because this school then had the reputation of being an excellent place to do innovative, pathbreaking work in the field of law. I looked forward to vigorous intellectual interchange with colleagues, a hope that for the most part has not been fulfilled. With the exception of helpful comments from a couple of very fine junior colleagues I have received little substantive criticismof my work. My attempts to engage others in vigorous debate over their own political and intellectual directions have mostly generated antagonism, which in turn has led to warnings from colleagues at other institutions that certain Buffalo colleagues were planning to undercut me. Shortly after arriving I became aware of some danger signals. During myfirst year I was invited to testify before the United States Senate on issues of electoralfinance and freedom of speech. A faculty member who is reputed to have great influence here ("our hegemonic faculty member") made derisive comments, but the fact that he was willing to let the school provide travel money reassured me that the comments were simply made in jest. Upon arriving at UB I was told that there would be a "turf war" over me between the "authentically political critical legal studies people" and the less political social science crowd. This was troublesome because anyone who aspires to be a serious intellectual needs to have substantial independence in order to do his or her work. It is inherently destructive to be an object of capture, regardless of who prevails in the game. At my initial reappointment I had the misfortune of discovering that some basic formalities of due process, which are almost always followed in academic institutions, had been severely compromised in my case. Instead of all students being notified and given the opportunity to write evaluative letters — as the institution's rules mandate—four or five students were tacitly recruited to write very negative letters to the promotion and tenure committee. Shortly after this experience I was informed by our hegemonic faculty member that "most of what happens here is done with BLUM CONTINUED ON PAGE 9 I HIGHLIGHTS Interview with Schlegel pg. 3 Legal Methods Dinner Jason Esposito taken Into custody after demonstration erupts into violence. i - P9- 3 „ Tuesday, April 30,1991 • The Opinion 1 �•• I _| J v>/X -I J J J -"V rill A • t u^^wy^v B/ur^^xT^^?^^Jw^Sj^l^^^^LP I lie Ddl UUUroc I llal UarcSrVrrWi^V^^K^-^ For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 PIEPER REPS " • Telephone: (516) 747-4311 Thomas Galligan, Taramy Heckman, Diane Herrmann & Deborah Owlett �Schlegel Discusses Changes In Research & Writing by Darryl McPherson Features Editor One ofthe greatest concerns confronting SUNY-Buff alo Law School in the wake of the New York budget crisis is its effect on the Research and Writing program. Rumors regarding what changes would be made or if the program would even exist have floated around for weeks. To get an ideaon how things currently stand, I spoke with Associate Dean John Henry Schlegel. McPherson: What's going to happen with the Research and Writing program? Schlegel: There will be a Research and Writing program next semester. The plan, and you must understand that this is is a preliminary plan, is to have professors teach the program. Every faculty member would have about six or seven students to deal with. This proposal is being developed to be presented to the Academic Program and Policy Committee fortheir approval. If they like it, it goes to the faculty. McPherson: When willthis proposal reach the Committee? Schlegel: The next time the Committee meets, probably sometime this week. McPherson: Will there be a set curriculum? Schlegel: I'm currently having a list of recommendations drawn up for how the program will be managed. It'll outline what information should be conveyed, but will allow the professors room to set up their own projects if they desire. McPherson: There have been concerns that a program like that would be a sham, allowing the teachers to certify that the students can do research and- writing without conveying much substantive information. Can you insure against that? Schlegel: It should be as effective as the program is with students teaching it. The faculty would have guidelines to follow and we would expect them to do so. Naturally there'll be a few recalcitrants, but what can you do? McPherson: But wouldthe students learn the same thing? Schlegel: Substantively yes, the guidelines are designed to free up people from lock stepthinking, but stillcoverthe bases. McPherson: In doing this, would the current problems involving Goldberg v. Kelly and Laßruna transcript, etcetera, be used? Schlegel: Some would still use it, less than a majority, I imagine. This way, more alternatives are available. We want something that will interest both faculty and students, the theory being that if we can identify subjects that everyone likes, they'll work harder at it and learn more. McPherson: How will it be structured semester-wise? Schlegel: The thrust ofthe program would be in the spring. There will be some research and writing activity available in the fall that's strictly voluntary. McPherson: Would that count for academic credit? Schlegel: No, but I'd guess that the spring session would count for three, instead of two [credits]. That really doesn't matter as long as we comply with the court of Appeals which says we have to offer at least twenty-seven credit hours for the first year. McPherson: So the teaching assistants are definitely out? Schlegel: There would have to be a miracle in Albany, which is highly unlikely. Since the program will be restructured, there isn't much need for them anymore. McPherson: Why was such a massive change to the curriculum made without consulting students first? Schlegel: Students will be involved in the decision. There are students on the Academic Program and Policy Committee. That's what they're there for. LMP Graduates Honored by Vito A. Roman In a ceremony which has come to mark the significance of the event, forty-two graduating UB Law School students passed lighted candles, symbols of their strength and determination, to Class of '92 and '93 law students at the annual Legal Methods Reception. This year's reception, the fourth in as many years, was held Thursday, April 18, at the Kensington Place Restaurant, and was sponsored by the Asian American, Black, and Latin American Law Students Associations (AALSA, BLSA, and LALSA). Most of the graduating law students honored at the dinner entered the law school through the Legal Methods Program, a program designed to help students identified as educationally disadvantaged. Although the program has mainly served students of ethnic and racial minorities, it is open to all students who can demonstratethat they have had to overcome adversity to obtain an education. Some of the graduating students honored were singled out for their special contributions to the law school: Lloyd Daughtry and VeankaMcKenzie for their work on Law Review; Mushiya M. Kabemba, Philip Ohere, and Pierre St. Hilaire for their work on Moot Court; Tuwanda Rush for placing astop"Oralist" in this year's Desmond Moot Court Competition; and Bradford Barneys, Evan Inlaw, and Pierre St. Hilaire fortheirwork as teaching assistants. Two guest speakers, Doris Carbinel Medina, a 1987 UB Law School graduate, and Mary Kenyatta, Dean of the ÜB's Millard Fillmore College, addressed thegueststhat night. Ms. Carbinel Medina told her audience that minority law students should cherish the relationships they start in law school with fellow minority law students because the strength of those bonds would later help them to persevere in a profession where they are still greatly under-represented. Mary Kenyatta told the graduating students never to forget where they came from, and to keep their heritage and ethnicity in mind as they moved up in theircareers. Remember, she said, that "the ways of your ancestors are good." Lenny Buddington addresses LMP reception guests upon receiving award. She also spoke about the critical role education must continue to play in the Methods Program for the benefit of fudiffers from what is said about it on palives of minorities, emphasizing that the ture, educationally disadvantaged law per. In both cases, the reality and the graduating minority law students should students. Professor Judy Scales-Trent written record hardly ever agree. But return to their communities to help all was given special recognition for being until that difference is recognized and young minorities obtain an education, as the first woman of color to be given addressed, this nation will never provide well as to ensure that theirrights to obtain tenure in the law school, and Stephanie equality for all its citizens, nor will law an education were not obstructed. Phillips was also honored at the event for schools provide educationally disadvanTwo other students also given special her unrelenting dedication to all the stutaged students the opportunity to berecognition at the reception were Joseph dents in the Legal Methods Program. come lawyers. The Legal Methods Valerio, for generously offering his time Upon accepting his award, Mr. Program, however, does recognize the and energy to help fellow students, and Buddington pointed out how an educadifference, and provides educationally Leonard Buddington, Jr., for his comtionally disadvantaged law student's past disadvantaged students, primarily mimitment, even as a visiting student, to the history often differsfrom what the printed norities, the opportunity to overcome it. struggle of ensuring that the law school record says about him or her. Similarly, All funds for this year's event were continue to maintain a viable Legal the reality of racial equality in this nation raised by the AALSA, BLSA, and LALSA. Pledge Drive Successful Despite "Recession" by Kathleen Welch & Chris Thomas For the second year in a row the Buffalo Public Interest Law Program has raised more than $20,000 during its Worka-Day in the Public Interest pledge drive. The money raised is used to fund BPILP's summer internship program. This summer seventeen students have received BPILP funded internships with regional and national legal services organizations Pledge drive volunteers could be seen, heard and not avoided in front of the law school library during the week of April 8. They solicited students, faculty and staff with premiums that included T-shirts, mugs and neon colored boxer shorts for pledges of thirty dollars or more. This year's drive coordinators, Katie Cerulli and Brian Madrazo, were pleased with its success. Madrazo noted that, "the first day of this year's effort was, for some reason, much slower than the first day of last year's. However, after that initial scare, things really fell into place and the pledges started to roll in." Cerulli eluded tremendous amounts of advertising, volunteering to work the pledge tables, designing and producing the various incentives and inputting pledge data onto the new BPILP data base." "Nearly half of the entire student body to and most of the faculty of this school contributed. This is powerful testimony to the commitment of the law school to lawyers— assist those in need of legal services with both time and money," said Chris Thomas, a third year studentand coordinator of BPILP. to "As the legal establishment in New , York continues to debate the issue of -Kathleen Welch mandatory versus voluntary pro bono BPILP Co-Coordinator legal services for the poor, it is inspiring to see that it is students—future lawyers— who are taking action to get services to added that, "all of BPILP's active members, and many others, gave significant those in need," said Kathleen Welch, amounts of time to insure the success of also a third year student and coordinator the drive." Their efforts, she said, "in- of BPILP. Welch is currently the presi- "..:it is inspiring see that it is students—fu- who are taking action to get those in services need,' ture dent of the National Association of Public Interest Law (NAPIL), an umbrella organization for more than 100 law school programs like BPILP around the country, and will become that organization's executive director in October. In addition to the pledge drive, BPILP funds are raised through UB Law School alumni and from an award from the Interest On Lawyer Account Fund, a State created foundation which awards grants to agencies that provide legal services to the poor. This summer, as a result of its fundraising efforts, BPILP will disburse a tr 'al of $42,000 to the 17 students worki.ig with legal services agencies. BPILP is also actively working to establish a Loan Repayment Assistant Program and aims to expand its program to include more involvement with the private law firms and bar associations of Western New York Tuesday, April 30, 1991 • The Opinion 3 �UB Law Alumni to Hold Annual Awards Dinner Courtesy of UK Law Alumni Association The University at Buftalo Law Alumni Association will hold its 29th annual meeting and awards dinner Friday, May 17 at the Buffalo Hilton. The annual meeting will begin at 5:30 p.m. A cocktail reception will begin at 6 p.m., with dinner following at 7 p.m. This year's award winners are the Hon. Joseph S. Mattina, Erie County surrogate and acting Supreme Court justice; Joel L Daniels, of the Buffalo Law Office of Joel L. Daniels; Clarence J Sundram, chairman of the New York State Com- GERALD LIPPES THOMAS BEECHER CLARENCE SUNDRAM He has been named an "Outstanding Citizen of the Year"by The Buffalo News, selected by Time magazine as one ofthe "400 Young Citizens of the United States," and inducted as a charter member of the Hall of Honor at the National Judicial College in Reno, Nevada. Daniels, '63, is being recognized for his leadership by example as a private practitioner. A sole practitioner, Daniels has been in private practice for more than 27 years, specializing in criminal cases. Over the years he has defended numerous clients charged with homicide, including Donald O'Connor, who was charged with the brutal killing of his mother, John Justice, a teenager charged with murdering his family, and Barbara James, a mother charged with killing her infant daughters. Immediate past president of the Western New York Trial Lawyers Association, Daniels also has defended local police officers, white-collar defendants and defendants in narcotic cases. Sundram, 72, was recognized for his commitment to public service. He served as an assistant counsel to former New York Gov. Hugh Carey, senior law clerk for Judge Lawrence H. Cooke of the New York Court of Appeals and Appellate Division Third Department and a law research assistant for the justices of the Appellate Division, Third Department. He has published numerous articles, and a book, Legal Rights of Persons with Narcolepsy, is due to be published soon. Beecher, '59, is being recognized for his many contributions to the betterment ot the community. A private practitioner, Beecher is a trustee ot the Messer Foundation, the Buffalo Philharmonic and the Buffalo General Hospital; managing trustee of theLeßrun Foundation, and a director of the Westlink Corp., Waterfront Health Care Center and the Arts Council of Buffalo and Erie County. He also serves on the board of numerous corporations, including Albany International Corp., Eltec Instruments, Inc., Enidine Inc., Globe International, Inc., and Norstar Bank, N.A. and NorstarTrust Company. Lippes, '64, is being recognized for his exemplary performance in business. In addition to his position at Lippes, Kaminsky, Silverstein, Mathias & Wexler, Lippes is secretary and director of Mark IV Industries, Inc.,; chairman ofthe board and director of Captex, inc., and a director of Monroe Abstract & Title Corp., Barrister Information Systems Corp., and City Mattress. He also serves as a director or trustee of the Greater Buffalo Chamber of Commerce, the Greater Buffalo Development Foundation, Inc., the UB Center for Entrepreneurial Leadership and Roswell Park Memorial Institute. HONORABLE JOSEPH MATTINA mission on Quality of Care for the Mentally Disabled in Albany; Thomas R. Beecher, president of Beecher Securities Corp., and Gerald S. Lippes, a partner in Lippes, Kaminsky, Silverstein, Mathias & Wexler. Mattina, '56, is being honored for his conscientious and diligent performance in the judiciary. In his 35 years as a lawyer, Mattina has been an assistant district attorney, a Buffalo city court judge, an Erie County court judge and a New York State Supreme Court Justice, in addition to his current positions as surrogate judge and acting supreme court JOEL DANIELS justice. Madrazo Thanks Students For Support by Brian Madra/.o I would like to take this opportunity to thank those who supported my candidacy for SBA President. I take the responsibility of the position very seriously and I will do my utmostto make our school a better place to attend. I welcome your suggestions, critiques and input. Most of all the SBA needs your energies and abilities as students and future lawyers to work within your own groups and withthe SBA on matters affecting the student body. The SBA Executive Board for 1991-92 is as follows: Brian Madrazo - President, Kate Sullivan - Vice President, Daryl Parker - Treasurer and David Chien Secretary. Next year promises to be challenging, one where if we as students do not work together to identify and achieve our goals we could very well be left out of the decision making process altogether. I ran for the position of President on a platform that promised a more active SBA. I and the Executive Board intend for that promise to be carried out. To that end I have asked the various student groups to participate actively in the Orientation events in thefall. We havestarted planning the election process for the Class Directors as well as creating a Law 4 Tuesday April 30, 1991 • The Opinion School Directory. In order that the SBA be a viable body we need people who will be committed to working on various projects such as: Professor and Course Evaluations, A Law School Directory, Grade and Registration Committee, A Budget Committee to facilitate funding for groups requesting money during the school year, an Election Committee to ensure lair elections, A Social Committee that will plan at least two events during each semester and a Speaker's committee to bring in speakers and hold brown bag lunches. Most importantly the SBA is going to need student help in the following areas: Standing Faculty Committees, a bipartisan group of students to monitor and' make proposals on next years Research and Writing Program and the Legal Methods Program and at least six students who would be willing to work with the SBA Executive Board in the fall to hold the Class Director elections. Important Dates in August and September are as follows: Monday August 19th - Orientation, Thursday August 22 SBA WELCOME BACK EVENT, Tuesday September 3 Petitions due for Class Directors, Wednesday and Thursday September 4 and 5 Election Forums (Meet the Class Director Candi- - - - dates), Wednesday and Thursday September 11 and 12 - SBA Class Director Elections, Week of September 16-20 First SBA MEETING and Friday the 20th Applications for Standing Faculty Committees due. Next year iscrucial, be a part of what is happening and if you are unhappy with ourperformancecomeinandletusknow. Good luck on exams and have a great summer. See you in August - Student Groups Interested in Orientation Recruitment Please submit a written description of your group's activities and an outline of any activities you have planned for the upcoming year. Include in the description a list of your current officers. The descriptions will be included in the informational packet handed out during Orientation 1991. Mail your descriptions to the Student Bar Association, Room 101,0'Brian Hall, Amherst NY 14260, or to The Opinion, Room 724. All submissions must be received by August 9, 1991. JESSUP BANQUET A SUCCESS On Wednesday, April 10, the Jessup Moot Court held its first annual banquet at the Buffalo Marriott—and it was a tremendous success! The banquet was attended by fifty students, faculty members and members of the Buffalo legal community who have helped the Jessup Moot Court during the past year. Dean David Filvaroff gave the welcoming speech, and addressed the Jessups recent successes at both the Regional Competition in Milwaukee and the Faskin Campbell competition in Toronto. Visiting Professor Palecki alsogave a toast. Professor Lucinda Finley, who was unable to be present at the banquet, sent a prepared statement which expressed her delight at Jessup's successes during the past year. Many thanks to DeniseColasantiMunson and MaryEllen Gianturco, the coordinators of the banquet. �IMP Numbers Likely to Stay Low Last year the administration started reviewing the legal methods program; The administration believed this was necessary because students of color who graduated from the taw school were doing poorly on the bar exam. After informing students that the program would not be reduced, the number of students in the program decreased from 45 to 23. Th c administration I stryl ng to isolate black and Hispanic students asthe only UB students who do poorly on the bar exam. However, the great majority of all students who graduate from the law school fail to pass the bar. The administration is clearly trying to focus our attention away from the deficiencies In the curriculum which are the real cause of the bar exam problems for all UB students. The law school wants to slowly eliminate ihe legal methods program In meeting with students, the administration stated that three sections of LM P students, 12 students i n each section, for a total of 36 students could; be maintained thisfall. However, as of this date the numbers of black and Latino students who have been accepted into the program is extremely low, and the administration is not making a concerted effort to contact ■students who have been offered admission into the legal methods to convince them that UB is a great school to attend. In tight of the aforementioned, we question the administration's commitment to irie future of the program. With strong leadership, UB Law School can become a model law school, with a strongand viable commitment to ameliorating the effects of racial inequality, a curriculum which exemplifies a healthy medium between bar preparation and non-traditional legal education, and a school where student input is valued and considered. We want the law school to commit itself to providing three sections for: the legal methods program for 1991 and beyond, and produce an agenda now for the next several years pursuant to effectuating this goal. If all students unify we can make this law school what we betieve ft can be. : Top: Srikant Ramaswami, Jim Monroe, Maria Schmit, Mike Gurwitz, Sandra Williams, Vito Roman Bottom: Michael Radjavitch, Andrea Sammarco, Maria Germani, John Licata, Lenny Cooper, Darryl McPherson The staff ofThe Opinion takes this opportunity to thank all the people who contributed to the paper during the school year, whether by writing articles, submitting letters to the editor or by showing appreciation for our effort. Working under a deadline and soliciting articles from fellow classmates has given us all a deeper understanding of both accomplishment and frustration of purpose (a definite sign of creeping contracts). In the final analysis it was an experience we hope that some of you are willing to share with us in the future. COMMENTARY West Bank as The Key to Israel's Existence by Dave Steinberg I enjoyed reading Ron Welner's article entitled"ArabPalestine: Fact or Fiction?" in the last issue ofthe Qpjnioji. Although I believe his historical account is accurate, this is not the best justificationfor Israel's refusal to cede the West Bank to the Palestinians. This can best be justified by modern daypragmatic reasons, rather than discourses in historical events or legal minutia. Arab Hostility Israel is surrounded by extremely hostile Arab countries, most of which would love to see Israel's demise. This hostility has translated into three major wars, countless terrorist attacks and a deluge of propaganda. As a result, Israel has developed a powerful military to ward off these attacks on its very existence. Given the hot bed of insanity we now call the Middle East, it is not surprising that Israel is very reluctant to cede some ofits territory (I do consider the West Bank to be a part of Israel) to a group of people led by the most virulent enemy to the state of Israel, the criminal organization known as the P.L.O. Furthermore, the strategic location of the West Bank is a dream for one who wishes to destroy Israel. At one point, the West Bank almost cuts Israel in half, leaving a scant nine miles of Israeli territory between the West Bank and the Mediterranean. Any army of note would be a serious threat to the state of Israel i< they occupied the West Bank. The Media's Obsession Until the recent war with Iraq, the Intifada wasthe darling of the left-leaning media. The coverage was so extensive at times, it made one wonder if anything else was happening in the world at large. The message the media was trying to them get a nation of their own. In fact, convey was simple: Israel is slaughterthey already do have their own nation of ing the poor innocent Palestinians who sorts, Jordan. Jordan is 80% Palestinonly want a nation of their own. The fact ian. Despite their clear majority, the of the matter is that given the situation, Palestinians do not control Jordan. InIsrael has been a model of restraint. The stead, an oppressive minority called the waging of the Palestinian rebellion is Hashemites do. The Palestinians have now several years old. Out of the 2 been relegated to second class citizens million Palestinian refugee population while the power has lied in the currently occupying the West Bank, only Hashemite's hands. Many people love 1,000 have died. What is even more to compare Israel to South Africa. The comparison is ridiculous. If they truly amazing is that 400 of the slain Palestinians have died at their fellow wanted to make an accurate comparison, they would look to Jordan. The Palestinian's hands. This can be explained by the following two reasons: (1) Jordanian and South African situations Some Palestinians have used the Intifada are nearly identical. Therefore, it is not as an excuse to carry out their own surprising that Jordan, controlled by the personal vendettas; and (2) The more minority Hashemites, refuse to allow the West Bank Palestinian refugees access moderate Palestinians have been murdered by the more extreme Palestinians. into Jordan. Thelastthingthe Hashemites Although Israeli soldiers have had to want is more discontent Palestinians. Jordan is not the only Arab country to kill Palestinians in self-defense, there have been individuals in the Israeli army reject the Palestinian refugees. In fact, that have perpetrated some atrocities every Arab country in that region has against innocent Palestinians. These followed the example set by Jordan. With individuals are not soldiers, they are all the talk of "Pan-Arabism" and "Arab criminalsand should be tried to thefullest Brotherhood," it is rather surprising that extent of the law. One innocent not a single Arab country will take the Palestinian's death is one too many. Palestinian refugees. However, this However, this is not a reason to cede the enigma can easily be explained when West Bank to Israel's worst enemy. one sees the political ramifications of Emphatically NO! Instead, Israel should such a rejection. The Arab countries are trying to discredit Israel by maintaining severally punish those soldiers that enand publicizing the Palestinian problem. gage in atrocious abuses. Furthermore, if the media is going to Incidentally, unlike the Arab nations, Israel haswelcomed Ethiopian and Russian place Israel under the "moral microscope," they should do the same with Jews with open arms. everyone else. I wonder how such The New Palestinian Target "bastions of human rights" like Syria and would media' tireless The Palestinians have not always refare under the Iraq comes belled in the West Bank. This is a relascrutiny of Israel. When it to new tively human rights and human decency, Israel movement. Twenty one years the Palestinian ago, majority in Jordan is by far the champion of the Middle East. attempted to take back what was rightly theirs. Unfortunately, their revolution in Jordanian Tyranny Believe it or not, I sympathize with the Jordan failed miserably resulting in the Palestinian people. I would like to see deaths of tens of thousands of Palestin- ians. Giving up on Jordan, the Palestinians have pinned their hopes on the West Bank. Although Israel is far more powerful than Jordan, Israel is far less popular in the Middle East. This makes Israel a more realistic target than Jordan. The Palestinians hope that as pressure mounts from within and without Israel, Israel will be forced to cede the West Bank to the Palestinians. Israel's Best Interest Some say that it is in Israel's best interest to cede the West Bank to the Palestinians. After all, they claim, the Palestinian question is at the root of all the Arab hostility toward Israel. If Israel would only compromise, the peace that Israel longs for will finally be realized. This line of reasoning is nonsense. As was stated before, the Middle East is a hot bed of insanity. When the Arab countries are not attacking Israel, they are attacking each other. The Middle East isprobably the most unstable region in the world. By ceding the strategic West Bank, Israel will only be enhancing the precariousness of their situation. To survive, Israel must remain strong. Conclusion Itis not Israel's responsibility to provide the Palestinians with a homeland, especially considering they already have one (Jordan). I sincerely hope that the Palestinians regain control of Jordan and realize their dream ofnational autonomy. However, this dream is not be realized at Israel's expense. Israel is under no obligation to partition its country for the benefit of the Palestinians. The sooner the Palestinians as well as the Arab community at large are willing to accept Israel with its proper boundaries, the sooner peace will come. Tuesday, April 30, 1991 • The Opinion 5 �3L Blasts Schlegel Dear Editor: opinion Volume 31, No. 14 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: April 30,1991 John B. Licata Andrea Sammarco vacant Srikant Ramaswami Darryl McPherson Vito Roman Michael Radjavitch Ron Rusczyk Factionalism Impeding Arrival at Solutions The violence lhai visited our school recently is the product of long term frustration which has found no productive means of expression. It is an unfortunate circumstance thai the direction of the energy employed by the demonstrators was a mutually destructive vein ihal will further no purpose and achieve no goal set by the protestors. Fingers will be pointed at various parties and hindsight will be applied to the situation bringing acrimony io the forefront of our presently uneasy racial relations. Students and administrators will consistently deny that there are any racial considerations involved in the issue of the Legal Methods Program but that is to deny the reality ofthe situation and to ignore the social conditions from which itarose. There are numerous forces to blame for the New York Stale fiscal crisis and UB budgetary allotment. In the past this country has used money as the social panacea which is little more than a placebo: money has solved no societal ill and cannot be blamed for our present problems. It is an exceedingly effective maneuver to blame a larger authority for the shortcomings ofan organization. The problems at UB will only be solved by the dedication and compromise ofevery member of ourcommunity. We are hampered in our efforts by our seeming intransigence. In this institution thereis a tendency not to provide support for another individual's endeavors. Within this newspaper a professor denigrates students' efforts by implying the work is useful for little more than lining a bird cage. This swipe is a symptom of the perpetual repartee between various "factions" within this school as each side tries todisplay an intellectual superiority at the expense of another's beliefs. This newspaper is not an imprimatur (a document published under a censoring authority) and functions best with open channels ofcommunication. Asa community this school needs to keep those channels clear of obstructions generated by personal prejudice. Each group can benefit from applying principles espoused by the legal system. Hopefully they are too obvious to need listing. Staff: Pat Miceli, Lenny Cooper, Nathanial Charny, Sandra Williams CCopyright 1991- The Opinion. SBA. Any reproduction ol materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic yuear It is thestudent newspaper o< the Stale University olNew York at Buffalo Schoolol Law. SUNYABAmherst Campus, Butlalo. New York 14260. The views expressedin this paperare not necessarily thoseol the Editorial Board or Stall ol The Opinion. The Opinion is a nonprofit organization, third-class postage entered at Buffalo. NY. Editorial policy ol The Opinion is determined collectively by the Editorial Board. The Opinion is fundedby the SBA tram Student Law Fees. TheOpinion welcomesletters to the editorbut reserves the right to editlor length and libelous content. Letters longerthan three typed double spaced pages will not beaccepted. Please do not put anything you wish printed under our office door. All submissionsshould be placed in lawschoolmailboxes 443 or512 by thedeadlinedate. Deadlineslor the semester are posted in themailroomand outside The Opinion office. 724 O Brian. The Mailbox Opinion R & W in a Hornbook? Kudos for your last editorial calling for the resignation of Associate Dean John "Jack" Schlegel!! As one of those graduating law students who have a "sense of frustration" with Schlegel's teaching experience, I too join in calling for his prompt resignation. I, like many other unfortunate law students, had Jack Schlegel for First Year Contracts. My knowledge of Contract Law can be best summed up by Schlegel's first words to my Contracts class—"Contract Law is dead." He then proceeded to discuss the most inane, asinine, and otherwise irrelevant topics in a class which was supposed to teach students something about contracts. We spent weeks talking ad nauseam about different types of coal, chicken, and Aesop fables without one word spent on offer, acceptance or consideration. Indeed, such words were taboo and were to be avoided. However, he saved the grand finale for the final exam where we were subjected to an exhausting discussion and questioning about quahogging (i.e., the fishing for quahogs). All of these sad but real events perpetrated on first year law students who thought they were taking a course about Contract Law. Why isthis man teaching?? believe the best answer is because of the leadership vacuum emanatingfrom the thirdfloor. Dean Filvaroff, who is ultimately responsible forthe quality of our legal education, permits Jack Schlegel to continue 'leaching" his perverse and uninformed version of Contract Law. Filvaroff refuses to acknowledge the damage inflicted on law students who must now somehow catch up on Contract Lawinorderto take the bar exam (No, Schlegel, Contract Law is NOT dead!!). Dave, when will it stop? Finally, I propose that the Law School set up a fund dedicated to refunding tuition money to all past and present students who have had the bad luck of having Shlegal for Contracts. Or, for those who have had Contracts, this would be in the nature of compensatory damages (I think) suffered as a result of the Law School's breach of contract since we, law students, contracted to be taught about Contract Law and were not. Without doubt, Schlegel's resignation would be the first step in rebuilding this Law School and restoring the integrity of its courses. I Very truly yours, John S. Wiencek Third Year Hymen Idenitifies Genetic Scholar Editor, In Mr. Glaser's recent letter, responding to Mr. Tirpak's comment about genetics and intelligence, he was unable to recall the name of the scholar who challenged the claims of a firm relationship between those two factors. The name is Robert J. Sternberg, Professor of Psychology at Yale. His eminence in the field is indicated by the fact that he was selected by the editor of The Oxford Companion to The Mind (1987) to write the article on Intelligence. In that article he stated: "The probability is that heredity, environment, and the interaction... all play some role in intelligence as it has traditionally been measured, but it is not at all clear what the relative extents of those roles are No matter what the proportions are, there is good evidence some aspects of intelligence are trainable." that at least In 1981, in The Mismeasure of Man, Professor Stephen Jay Gould provided a comprehensive statistical analysis ofthe errors of the herediterians. He stated in the Introduction: "We pass through this world but once. Few tragedies can be more extensive than the stunting of life, few injustices deeper than the denial of an opportunity to strive or even to hope, by a limit imposed from without, but falsely identified as lying within." .... J.D. Hyman Professor of Law, Emeritus Writing Requirement Met? Editor, The Opinion To the Editors: As a student in Dean Schlegel's "Contracts" class, I feel that I have barely learned the fundamental concepts of contract law. In fact, Schlegel claims that he is not teaching contract law, and if we want to learn any, we should buy a hornbook. His "Contracts" class, however, is not the sole reason I support The Opinion's call for his resignation as Dean. Now he wantsto do away with Research and Writingas we know it. Schlegel claims to teach his students lawyering skills which cannot be learned from a hornbook. Well, will someone please tell me how legal research and writing can be learned from a hornbook? Or, for that matter, how will students learn legal writing after being arbitrarily assigned to professors who may not know or care about teaching the subject? Will all students be given the opportunity to write a memorandum? How about an appellate brief? Schlegels proposed revamping of the program will not guarantee students even basic research and writing skills, as called for the ABA's Law School Accreditation Committee. Schlegel's plan gambles with thefuture of every UB law student. This decision, like other recent ones he has made, shows his utter disregardfor the law school student body. His threats to report students on the Budget and Priorities Committee to the Character and Fitness Board of the New York Bar if they violated his "gag order" shows how little he respects students —students who in all other circumstances would be considered by everyone to be responsible adults. Schlegel should understand that just because we have undertaken the role of "students" again, we have not given up ourright to be treated as adults. It seems clear to me that both as an administrator and a professor, Schlegel does a great disservice to the law school. I support the call for Dean Schlegel's resignation from the position of Associate Dean. Regardless of how he characterizes his teaching style, I believe that both his classroom and administrative performance more than justifies calling for his resignation. 6 vvavavavav.v.'av.v.v.v. 30,1991 ■ •• Tfi?\Op»fi|on_ Tuesday •• • ■ -DavkJ S. Ghien* * Jim Monroe's article in the April 16 issue deals generally with the research and writing program at the Law School. I am not in a position to comment on the issue over-all. But I can state with some confidence that the present requirement that each student take two seminars fully satisfies any Court of Appeals' requirement that each student have "at least one rigorous writing experience." Many years ago the Law School introduced a requirement that each student must take one seminar with a substantial writing component in order to make sure that each student had such an experience. I believe, although I am not sure, that this was before the Court of Appeals' Rules included the present writing requirement. Sincerely, J.D. Hyman Professor of Law, Emeritus Correction Provided by Welner I would Hke to clarify my "Arab-Palestine: Fact or Fiction?" article of the last issue of The Opinion (April 16,1991). Sources were inadvertently omitted from this article whichis a reproduction of an academic paper that I previously wrote. Sources of my article are: 1) Cardozo School of Law Professor Malvina Halberstrams article of "Self-Determination in the Arab-Israeli Conflict: Meaning, Myth, and Politics" in International Law and Politics. 2) Joan Peters, From Time Immemorial. 3) Dr. Carl Hermann Voss, The Palestinian Problem Today: Israel and its Neighbors. Moreover, a few points in my article should be modified. 1) Many Arabs during the Ottoman Empire and the British Mandate (1922-1948) immigrated to Palestine from neighboring Arab lands. 2) 11939 (rather than 1923), the League of Nations Permanent Mandate Commission protested the 1939 British White Paper. 3) For about 1000 years most of the land between the Mediterranean Sea and the Jordan river were part of ancient Israel. - < Ron Welner �COMMENTARY MCPHERSON! Features Editor by Darryl McPherson I'm not the type of person who wins much. I seem to have picked up my father's trait of attracting bad luck. What few legitimate victories I've had in my life were due mainly to hard work, not good fortune. That's why it surprised me when I lost the SBA Presidential election. I put in a lot of time and effort during my entire term as Director and my campaign. When the moment of truth actually arrived, I came up terribly short and it devastated me. The day after the election, I was down, and even now I haven't quite gotten over the sting of it. People continue to tell me, "Good campaign," or "Don't take it personally," both which ultimately mean "You lost. Bub, now live with it" There's a strong expectation that I should put on my brave face and march onward to Third year Directorship as if that's the most logical thing for me to do. At this point, though, I'll admit that I don'tknow if that's the right thing for me to do. The same week as my massive loss came my easy victory to the position of Features Editor, formerly held by my arch-nemesis, John "The Italian Loafer' Ucata. Definitely a formidable act to follow. Yet this victory was earned, and I daresay, fully deserved. I put in the requisite time and effort to obtain an expected result. So why did the SBA election turn out like it did? Because I lost. Victory and defeatare two sides of th c same coin, if you don't get one, you've definitely got the other The difference between the two depends on how much you value one overthe other. This time, I placed far too much value on winning Like I said earlier, I'm used to losing, and I've learned how to keep those losses from getting me too depressed. Usually, I expect the worst and then I can't be disappointed Somewhere along the way, I forgot that and expected to win Victory is earned, not expected. Recently Dave Niles and Bob Attardo had me and others over to their place to see the Holyfield/Foreman boxing match. Foreman, "the fat old man, "was expected to fall before the young champion Holyfield. As it turned out, "the old man" went the distance and impressed many people with his staying power. Though he lost that fight, did he really lose? I turned the question onto myself— just what did I lose? As Nicole Moss, MarcHirschfietd, and MiroCizindemonstrated, I still had my friends. (Everyone seemed enthusiastic for my future involvement with the SBAT and whatever contribution I could make toward the lavv school community. Though !i lost the Presidency, didn't I also just gain an opportunity to become a major voice in (he school through this column? Withthis position, I'm free to say anything I want. I can be a political observer, instead of a participant. I can use this position to keep everybody honest without the risk of contamination by that dreaded demon of journalists, non-objectivity. But I'll tellyou the truth, I am so sick of politics. Those who knew Jim Maisano as a first year, and those who know him now, know what school politics can do to a person I'm sort of glad to be out of it. Maybe I'm just burned out, ■buf for now, a part of me (regrettably, a small part) might be grateful that I lost the election. Goocftuck Brian, you're going to need it. A statement like, "it's, not whether you win or lose, it's how you play the game" is merely something to say. It has no intrinsic meaning unless its message actually matters to you. When you study foryourfinals, you put yourbrains, sweat, and tears Into the effort, and when that test result comes back with a Q or (gasp) a D, you naturally feel disappointed. The key to feeling a little better is to not put so much weight on the H. It's only as important as you make it. This isni an endorsement of slacking off, but a reminder to keep things in perspective. If I can borrow a cliche reach forthe stars, but keep your feet on the ground, Finally, I'd like to use this platform to acknowledge a few people who have made the rocky road I've travelled to reach this spot a bit more bearable. Marc Hirschfield, truly one of the most brilliant persons in this school; Taunya Hannibal, a class act all the way, you'll always have my support; Maria Germani, I wish we could have gotten to know each other better; Dave Niles, party on, Dude; and of course, Nicole Sydney Moss, the guardian of my soul and sanity. Onward. ,: IMPORTANT NOTICE! MEASLES VACCINATION You must present proof of Measles Vaccination or be immunized at Alumni Arena 10:00 a.m.-6:00 p.m. Monday April 29th Thursday May 2nd - Unless you have received your green compliance card from University Health Services -or- You were born before 1/1/57 LIKE GRAVITY IT'S NOT JUST A GOOD IDEA, IT'S THE LAW. An Alternate Viewpoint Offered on Schlegel! by Darin Bifani I recently read the Opinion's call for Dean Schlegel's resignation. The Opinion's editorial, "as a voice for the student body," attacked Dean Schlegel's competence as an administrator and teacher. This is not my voice. Nor does it capture the voice of all my classmates. This commentary considers: (1) the Opinion's dissatisfaction with Dean Schlegel as a teacher; (2) the Opinion's editorial as a statement about the goals of legal education; and (3) the i mplications of the Opinion's editorialfort he way we think about and address problems at the Law School. The Opinion's editorial implies that Dean Schlegel fails to provide his students with the "basic skills necessary to pursue a legal career." I cannot agree. Although we all have different careers, legal or otherwise, each of us will need a fundamental talent after law school: the ability to think critically and creatively. Developing this skill is the focus of Dean Schlegel's Contracts course. Dean Schlegel encourages us to integrate parts of cases with our own thoughts about what the law is, and what it should be, and to develop and defend those thoughts in light of each other's comments. What we learn through this process is perhaps the most basic of the skills "necessary to pursuing a legal career": the ability to think on our own. The editorial's implied but loud message is that Dean Schlegel's approach to legal study will have little utility after graduation day. I reject this message. Having worked with an attorney in the "real" world, I feel that the substance of Dean Schlegels course is extremely reflective of the actual practice of lawyering. There are certainly practical and somewhat rote elements to everything that lawyers do. There are, for example, strict guidelines which govern the filing of legal motions. The question of significance for law students, and for the structure of our legal education is, I think "How much doespracticality and rote say about the essence of lawyering?" I feel it says something, but not all. It is one thing to be familiar with the guidelines which govern the use of a legal doctrine; it is quite another to use that doctrine successfully on behalf of a client. Learning to synthesize and utilize legal tools effectively—perhaps the most difficult part of legal practice—is the precise instructional focus of Dean Schlegel's course. It does not take three years of law school to memorize the form of a brief or learn to file a summary judgment motion. But it does take three years of law school, and perhaps far longer, to learn to creatively package information to successfully defend someone who is on trial for his or her life, or enjoin a corporation from distributing a defective product. This process of assembling information to further an individual's or the public's interest is the "real" world of lawyering—Dean Schlegel simply transplants that world to the classroom. Many students, while conceding the value of this process, have questioned whether it is appropriately the subject of a contracts course. I think it is. It is easy to recite a definition of the word "contract"; it is harder to convince a court that a brief conversation constituted one. It is easy to look up the distinction between a promise and a condition; it is harder to argue why either of the two should or should not oreclude a clientfrom a legal remedy. Contract law involves analyzing a client's legal interest, making or denying the room for that interest in a writing, and then defending or attacking that interest. Contract answers, in short, are made, not found. This is what we do in every Contracts class; we make contracts answers. The assumption implicit in the Opinion's editorial about the goals of legal education are narrow. Law school is not simply a place where tuition is exchanged for professional polish. In law school we begin to develop fluency in one of the most difficult parts of lawyering—distilling and evaluating the different dimensions of legal issues. This fluency comes, in part, from expanding the way we think—integrating our understanding ofthe world with that ofour classmates' AND professors'. In sum, law school, as preparation for legal practice, is a continuation of the most important part of the phrase "legal education"—education. I had thought that broad educational values, like instructional diversity, were of special importance at Buffalo. Buffalo has a distinctreputation as a law school which is not merely a preparatory course for the bar exam. This law school purposely integrates many different teaching approaches with a broad range of courses and diverse clinical programs. This integration, I think helps provide a more realistic understanding of the multi-dimensional nature of legal problems in practice. Buffalo's diversity extends to its students. Buffalo's admissions program is flexible; it does not rely solely on the rigid admissions formulas used by many other law schools and strives to assemble classes diverse in perspective. Our law school is diverse. Yet, the Opinion renounces the diversity which enriches ourlaw school when it comes to extending that value to teaching approaches. Finally, the Opinion's solution to a legitimate concern—the quality of our legal education—is alarming, and hardly what I feel is in the spiritof one value we will need as lawyers—the ability to work together. The different perspectives of both students and professors—as a problem solving source—can be used now. If we feel that our legal education needs to be improved, I think we should work together in trying to effect that improvement. This communal method of problem solving, in my view, is not embodied in the Opinion editorial's condemnation of Dean Schlegel's teaching approach. Beneath our differences as students, beneath the differences in what each of us wants out of law school, I feel we are bound by a common goal: learning. This learning involves applying the differences in the thought and background of our classmates and professors to the way each one of us thinks about law practice, legal education, and ourselves. All this isembodied in legal education, and in every lecture that Dean Schtegel delivers. Tuesday, April 30,1991 : •'the Opinion'^ ' 7 �ThIetaliLn oafer: by John B. Licata What the hell, why not? Everyone else example of siudcnihood. could. "Is it not true that you wrote inflammatory So I went back to my office leaving the articles loaded with half-truths and foul lies ducks to fight over the remaining tidbits I aimed at undermining the authority of the could no longer stomach. There was a letter powers that exist?" taped to the outside of my door. The enveI waited for my counsel to raise an objeclope was green and I didn't recognize the tion but there was none forthcoming. Ireplied handwriting. As I tore it off my doora flash yes. my research had to bereliable. Luckily, that of light blinded me and I heard a voice say "So it is true?" was the first part of the course and I fulfilled "Gotcha." It tooka second torealize I hadn't I knew I'd have to explain. I said yes it is more than my good faith obligation by giving died, I only wish I had. It was a subpoena and not true. The jury gasped and the judge came a thoroughly researched memo that was both some enterprising sadist took a photograph fully awake. insightful and paid for. This combination of me grabbing the envelope. I was due in Aftera halfhour in adank cellfor contempt provided me with a special feeling of accourt in two weeks. of court I gaineda healthy measure ofrespect complishment. I had joined the ranks of the A fortnightcan fly when you havenowhere for the system. Unfortunately, the feeling professional and writing like a lawyer took to run. was not mutual. Within the measure of time on a whole new meaning. Withmy most comfortable underwear and that comprised my testimony I had been In celebration of my good fortune I bought a suit to match I made my way to the trial deported for seditious acts. I was out like a loaf of bread and somecured animal flesh prepared to be as evasive as a professor Tom Hagcn in the Godfather Part 11. Out all for a sojourn to the park in a bourgeoise explaining the truth about the 'reasonable the way. it was on my man. The courtroom isa curious experience display of wealth transfer But in that cell I had resolved to aid all own terms. The sandwhich was one ofthe for anyone who actually gets to set foot those who were less fortunate than myself by bestI'd ever had made and the ducks fought inside the railing while a trial is underway. devoting hours oftoil to making theirlives an each other for the pieces of bread that fell The jury gains a malevolent stare, none of object of my own altruistic needs. I would their way. They scrambled and pecked at them too bright since the prosecution had work for as long as the feeling compelled me each other in a frenzied attempt to gain an learned to choose morons in her trail techto serve them. Remember, it was only a halfadvantage that would lead to success, or at niques class. A judge who had to be senile hour on a rickety cot. least some measure oftemporal gratification. coughed intermittently in an effort to stay But that had all changed and I was bound Some were injured, some were fed but I awake, an ability I'm sure was cultivated by for Italy. In Italy I would have to get a pair of emerged unscathed. Had oneof those things years ofpractice. My inquisitor was a siice shoes for George He/el, and then figure out injured me il would have been covered simof viciousness and she was focusing her a way to get back into the United States. I mering in some mushrooms or dripping orvenom on me. boarded a plane with nothing to show for my ange sauce by sunset But I digress. "Are you aware of the price for perjury?" time in America except for an attitude that Il was during that quiet contemplative she hissed. generated cynical comments beyond control moment ofpure cacophany that the truth of Iresponded that itis high, but it'savailable and avoided closure like the plague. ihc R&W program hit me like falling Horn at a wholesale rate in Washington, D.C. and An Immigration and Naturalization Service book: the incoming freshmen were going to most state capitals. agent gestured farewell. "Goodbye, Mr. gel served up on a platter with their fellow From her that was response gathered I I Loafer." , students doing the carving. One L*a l'orange being sworn in because she was using lanI smiled. "Au revoir..." anyone? Could I sit by and watch students guage I'd only heard in truck stops and in the being sent out like advance patrols for a 2-Live Crew hearings. faculty member's research project, hungrily "Are you a student at SUNY-Bulfalo searching for a document or tome? Could I School of Law?" watch the disintegration of the basic redefine student. I asked her to Loosely, I quirements of a legal institution under the could be called a student but I was sure the weight of necessary evils in a fiscal policy? school wouldn't hold me up as their shining Adventuros f a Legal Gumshoe Somebody told me I couldn't write. He didn't couch it in any euphemistic terms of art, just plain old "your writing stinks." The fact that I was paying this person to tell me this didn't make the tonic any easier to swallow. More often than not when we pay for a service we don't want it to interfere with our digestive process., and so it was with my going to a Research and Writing leaching assistant. Inresponse I told him he had a bad haircut and ought to lose some weight. I didn'tthink it was fair ofme to be getting all the advice in the transaction so I threw him a bone upon which he could chew. That sentence was for the grammarians concerned withending a sentence witha preposition. Or whatever it's called. In retrospect the guy was right. I couldn't write: at least not like a lawyer. My style was considerably deficient in the dull prose and endless monotonous drone so characteristic to any legal document. In fact, I prided myself on not writing like a lawyer. You'll notice I didn't say not beingable to write like a lawyer — I can sound pretty prosaic when I put my mind to it. My semester dragged on like a spring cold and eventually I finished a brief for the two credits that were tossed my way like a pasha doling out favors to the unfortunates. I was relieved to walk out of that room and not have to start writing like a lawyer for a couple of years. Then I got a job. I wrote a couple complaints and even a few memos to a partner describing the various levels of liability that ourclient was exposed to under the law. He just told me to write il likel was doingoneofmy writing assignments for school, the formatreally didn't matter but . — \_*_l Should I apply the Common Law Rule or the Majority Rule on the Multistate Exam? ? i LLJ " s an °^ er good upon mailing or receipt (Mail Box Rule)? Can you be convicted of arson if you burn down your own house? BAR/BRI'sQ & A Clinic™ utilizes more than 35 attorneys, available m 04.1606 3999 39*w T.n. m c to answer any questions and work with you, 7am-midnight, seven days a week during bar exam preparation. TTFi flfi mpiiii iiiMi — * J "IT/ e>4 f? /?FV/FW The Nation's largest and most personalized bar review 8 Tuesday April 30, 1991 The Opinion sie-54t-ieie 201-613-1363 914-684-0807 617-695-9955 | HHHn II kI II H |1 ißsl^^lff2oJ LLzQIImjAaAI KSSiSSSSSZI ■I?B?B?ll ■■■■■■■ ll?fl?fl?ll ■■tV^V^VI iBHAaiB^II BB? B?M?B|i ÜbS^BSiBI BKSBHI I �Blum: Open Letter Continued sometimes in the form of floated rumors that I had been or would be denied tenure, sometimes in the form of open attacks on my teaching in front of students, sometimes in the form of attacks on programs I was associated with. Over the first three years I resisted some additional moves toward capture, which are memorialized in a letter of August 17, 1988. That letter I also agreed to keep confidential, based on assurances that these practices would stop. They did not. Most recently I have learned that our hegemonic faculty member has been telling faculty at other schools that I am "crazy" and "seen as crazy by my colleagues." Needles to say, such defamatory statements are quite destructive for one's career prospects. In retrospect it seems that I might have been better off surrendering my independence and complying with the dictates of our hegemonic faculty member. But this would have involved abandoning my hopes of doing types of work that could have some broader impact. In short, such a course would have been inconsistent with my deeper goal of becoming a serious original thinker. During my third and fourth years another source of potential conflict was emerging. Over time I had become convincedthatcritical legal studies (CLS) attempts to organize law professors against "liberal legalism" and "rights theory" were a serious political mistake that was diverting people from doing more valuable kinds of work. I sought to engage some pertinent faculty in discussions about this. A certain amount of resentment appears to have been generated in the process. Eventually I published a lengthy article in the Buffalo Law Review, half of which explained systematically the reasons forthe inherent weakness of a CLS approach. That article was very well received by some high-ranking members of the broader discipline, as was the draft of a subsequent book-length manuscript dealing withconstitutional rights and the war on drugs. Shortly after informing Dean Filvaroff of these favorable outside reactions (which I had earlier been assured formed the primary basis for tenure evaluations), I was called to a meeting where I was told that my scholarship was "very weak"—so much so that I should not even apply for tenure. Requests for written evaluations and for the basis of this decision subsequently revealed that no real evaluation ahd been preformed. Dean Filvaroff then switched to saying that my scholarship was not so weak, but that problems with "teaching" and "colleagueship" were creating a heavy "special burden" that my scholarship would not be able to meet. Finally, Dean Filvaroff came out with an open disavowal of meritocratic tenure evaluation altogether, statingthat at this school tenure was "like a marriage," and that I was not likely to be betrothed even though there was "no question about [my] smarts." Such an open disavowal of the principle of meritocratic selection is, of course, inconsistent with the pursuit of academic excellence, as are some other aspects of the process here. Dean Albert informed last fall that I had been the victim of a "hall talk system" that disadvantages certain targetted people without providing them with any opportunity to present counterveiling evidence. The "hall talk" is apparently quite persuasive in getting colleagues to reach peremptory judgments because what most of them acutally know about tenure candidates' scholarship "could not fill a thimble." This situation tends to be used to advantage by the hegemonic faculty member who works in sometimes clever ways to sustain his power. In part his hegemony takes the form of selected subject matter prohibitions. A large numberofrecognized leaders of thelaw teaching discipline are cavalierly dismissed as "morons" while a few others, who tend to be CLS luminaries are proclaimed to be "very serious." The generaltendency is to favor legal history and some forms of social science while from page 1 disfavoring attempts at law reform, doctrinally based arguments tagged as "liberal legalism," and especially any affirmative advocacy of constitutional principles. Sometimes particular concepts are declared anathema. My quite serious attempt to develop a definition of the concept "the rule of law" was dismissed as "old hat" by one senior colleague who had readonly thefirst ten of thepertinent fifty pages, and as "a silly concept" by the hegemonic faculty member who had not read the piece at all. In reality, this is a very central concept for our discipline. For lawyers and law professors to denounce it is like medical doctors renouncing the idea of preventive medicine. For a liberal constitutionalist to be told he cannot use this concept is like a nuclear physicist being told not to rely on the concept of electromagnetic force fields. It has also been explained to me by our hegemonic faculty member that I should have known not to take seriously any of the CLS claims about transformative politics, and that addressing the law review literature which discussed these was a grave error because I shoud have known itwas "silly literature." My erroneous inclusion of this "silly literature" apparently negated the value of a wholly different section of the article which four colleagues had previously told me had "some interesting ideas" (though no one ever mentioned what they were). In the course of explaining why "tenure was not looking very plausible" for me at this instituion the hegemonic faculty member expressed his belief that all law reviews should be abolished. (Those of you who are angry at me for taking a stand shouldask yourselves: how would you feel having your career prospects wrecked by someone of such consistent irregularity?). Given a general attitude of laxity toward the First Amendment, one has to wonder whether something akin to political censorship is operative here. Similarly, the idea that a local colleague should be able to overrule the opinions of nationally recognized ex- perts by creating a fait accompli before the formal evaluations could be considered is highly unusual. Such irregularity becomes all the more glaring when the local colleague is operating outside the bounds of his disciplinary expertise. I am sorry to be in a position of "blowing the whistle" on some colleagues. It is likely that some of the moves I make for self-protection will reflect adversely on the national reputation of the school. But, realistically, when a school maintains a high national ranking, as this one has, it implicitly warrants both an adequate compliance with due process requirements and the principle of meritocratic evaluation, as well as a willingness to operate in good faith as part of a national discipline. I regret that this warranty has been breached. But it is ultimately the breach itself, and not the mere exposure of it, that causes the decline of reputation. If it were not me coming into conflict with these highly unusual patterns of authority, it would be the next person. Before the school can hope to advance further, this situation must be corrected. Present plans call for me to be teaching here next year. But it is also likely that some litigation will be ongoing. I ask for your understanding because I have made every effort both to endure the irregularities and then, when they could no longer be ignored, to settle matters quietly. I believe that, given the same personal history, many of you would do exactly what I am doing. -I believe it is the right thing to do, and at this point, the wise thing to do as well Any school that abandons the basic principles of freedom of inquiry and meritocratic evaluation is by definition on a path of decline until some people stand up and force matters to be corrected. I look forward to the day when I can tell colleagues on the outside that the situation has both normalized and improved at Buffalo. I hope that my contribution to the school will ultimately be seen as a constructive one. OPINION MAILBOX CONTINUED FROM PAGE 6 Administration needs to show concern for students Olsen contests quote I have wanted to writethis for a very long time. I justwanted to give my heartfelt thanks I do not own a canary, so I rarely have occasion to pick up a copy o< The Opinion. to page through your April 16, 1991 edition and was surprised to see happened I myself quoted in an article on Research and Writing. The context in which the quote was presented strongly suggested that I consider a Research and Writing program which would be taught by the faculty rather than Teaching Assistants a "sham program." The article was written and the quote published without speaking to me first. Had I been consulted, I would have indicated that I strongly support the concept of such a program. In addition, giventhe irresponsible and inaccurate headline which accompanied the article, I would be remiss if I did not add that I am personally grateful for the diligent efforts of Jack Schlegel on behalf of our Research and Writing curriculum. to the Anti-Rape Task Force (ARTF). the first semester I was at UB studying for finals escort service existed, so I walked to my care alone every night around 11:00 pm. It is very hard to describe to male students the fear and the rationalization of that fear that goes through my mind when walking alone late at night. You think it will never happen to you. Yet as I walk to my car there is at least a minute or two (which seems like an hour) when I'm scared. First I start walking very cautiously, trying not to look apprehensive, then if I hear any sound I start walking very fast. If I see a man who is passing me by, I automatically categorize him as a potential mugger orrapist and I just try to act calm even though my heart beats a mile a minute. Sounds pretty paranoid huh? Guys just don't get it. Well, no I've never been raped, and no I've never been assaulted but paranoid or not it's how I feel. The second semester when I the the ARTF next to the library I was so relieved, the faces were so friendly and caring. I kept apoligizing about bothering them, and telling them how nice itwas to have someone to walk with. It was nothing to them, they were happy to help. As I spoke to them I found out they were not getting paidfor their work. My "Why not?" was answered by the fact that the UB Administration did not want to draw attention to the fact that this schoool needed an excort service. I guess the Administration is more worried about ÜB's reputation than about the safety of the students that attend the school. Why is there no funding for this service? Let's see, we have security at the Alumni Arena to check student ID'S, we spend money on lifeguards to ensure no one drowns in the pool.we spend money for referees for the intramural program and a host of other free services., but oh, I see, we just can't find the money to ensure that women on campus not only get to their desitination safety but don't undergo the stress and anxiety associated with figuring out how to getto their cars safely. There seems to be a higher priority placed on fun and exercise than on safety. There has got to be room for a tradeoff somewhere. (I wonder how many women are included in the administrative decisions on our campus anyway?) The ARTF serves one other important service, it saves me from having to hear ihat grunt or groan from a male student when I ask him to walk me to my car. You know it's not like I enjoy being dependant, I would love to be able to walk or jog anywhere I wanted, but, unfortunatley the past events that have taken place on this campus have proved that as an impossiblity without facing a risk of assault orrape. I'd rather be escorted to my car by people who like to ensure that I will get to my car safely, people I don't even know! Now, if we could only get some jogging groups together. I never knew the Kirstin Jahn Nils Olsen The results of the Law Review elections are as follows: Editor-in-Chief Nancy L. Schulman Executive Editor Margaret Phillips Assistant Editors Tara M. Flynn, Michael J. Roach Managing Editor Eric C. Nordby Business Editor Mary Leary Publications Editors David J. Kritz, Donna Menghini David A. Niles, Brian D. Sullivan Articles Editors Robert S. Attardo, Andrew B. Isenberg Brian F. Carso, Jr., Scott M. Rusert Head Note & Comment Editor Charles J. Sullivan -- Book Review Editor Daniel J Wcil/.ncr Systems Editor Mark A - Palc y Note & Comment Edi tors Johanna V. Bartlcil N Mcaghan Hoang Diane v Bruns Roben P. McCarthy Norbcrt Higgins Judith A Shanley Marc E Hirschlicld - - - Students interested in the casenotecompetilion would **> we advised to discuss the matter with one of the forcnamed individua,s regarding cihcial responsibilities during lnc competition. " Tuesday, April 30, 1991 • The Opinion 9 �IP HEY KIDS ! Well so is the S.B.A. ■ On Friday, May 10th the S.B A. is sponsoring a party at the FARGO PUB right here on campus. There will be FREE beer, wine, pop and munchies.... plus a D.J. to spin tunes so you can dance your booty off! All you have to do is show up at 9 p.m. in your dancing shoes ( make sure to bring 1.D. ) AND, if you are planning to bring a non-lawyer like guest... NO PROBLEM! We will be taking at the door (from them only) .: your favorite Professor or sing or do up comedy....there will be prizes! �sdfsdfsdaf sf daf sdfsdfsd The 1991 Graduating Class of the State University of New York at Buffalo, School of Law wishes to thank the following businesses for their generous support: Pizza Hut, The Sign of the Steer, Panda Garden, Mr. Oil Change and Stereo Advantage. The Graduate Group for Feminist Studies presents First Year Students and Second Year Transfers ANN SNITOW Faculty, Eugene Land College; Member, Commitlce on Liveral Sudies, New School for Social Research On Mothering: Feminist Analysis Since 1970. Today (April 30th) 3:OOpm-s:(X)pm 280 Park Hall (between JacobsandO'Brian) This lecture is free and open to the public. Attorney Access, Inc. means increased opportunities for minorities in Western New York's law firms. The Minority Bar Association ot Western New York and the Bar Association of Erie County have established a new and innovative program designed to increase employment opportunities for minorities within private law firms in Western New York. The program, Attorney Access, Inc., was established jn response togrowing concerns of the bar that minority attorneys were underrepresented in the private practice of law in Western New York. Its goal is to assist both the law student and law firms in actively recruiting and interviewing law students for summer internships and law clerkships during the school year with the goal that these opportunities will lead to a permanent position. The combined bar's Special Task Force on Minorities in the Legal Profession, the proponents of the program, have opened the doors of the established private firms in Western New York to minorities by obtaining the support and commitment of over twenty area law firms, including all the major firms in Erie County. Attorney Access, Inc. will continue that involvement by, among other things, coordinating lists of interested minority candidates for presentment to the law linns directly, establishment of a mentoring program at each law firm for minority taw clerks and acting as the liason between the firms and minority students. Attorney Access, Inc.'s assistance to law students and graduates will consist of advisement in preparation of resumes, career counseling, development of interviewing skills, advisement on effective writing samples, and presenting the minority applicant to private law firms forrecruitment purposes. All interviewing and decisions on hiring will be made by the private firms. Interested minority students are encouraged to contact Dorothy K. Burton, Esq., Executive Director, Attorney Access, Inc., P.O. Box 989, Buffalo, NY 14214 (716) 862-0200. COMMENTARY LETTERS CONTINUED ON PAGE 9 A Day of Outrage for all Involved by Kirstin Jahn Outrage was the motto! We should all be outraged at the possibility of losing the Legal Methods Program. I am outraged at the possibility of losing the program. But, there are ways to express our outrage without enraging fellow students and professors. On April 24,1991 at approximately 12:15 in the afternoon, I was in my Collective Bargaining class getting all of the last minute details and information I could since it was the last day of class before finals started. I heard the shouting and protesting in the halls from the LMP protesters. All of a sudden the doors swung open, the demonstrators barged into the classroom to force their OUTRAGE on us. Professor Newhouse asked them to leave and as they kept marching in he told them to go. the leaders of the group did turn the group back out into the hall. But, then the other door kept opening and closing as shouts were coming from that door. One student kept trying to keep the door closed because the class had resumed and no one could hear Professor Newhouse clearly. Unfortunately, instead of gaining outrage for their cause, I felt outrage against the protestors for being so rude and discourteous as to intentionally disrupt the education of their fellow students. The door opened repeatedly, finally a garbage can was thrown inside and a big white man (and only stress this because there seem to be some rumors suggesting otherwise) came through the door shouting to the classroom student something to the effect of "you can't keep us out" and punched the student right in the face. My understanding is that that the guythat punched the classroom student was some undergrad who was looking for a reason to pick a fight. A fight ensued, public safety came by and now everyone was OUTRAGED against each other! There were rumors floating about that a black man threw the first punch, there were rumors floating about that the student started the whole thing by yelling back at the LMP protestors, there were rumors yapping about that the white classroom student in Collective Bargaining punched a black woman protestor... and then heard... Well, heard... gee, that's not what I heard...blah, blah, blah... the telephone game continues. For students interested in participating in the Buffalo Law Review Casenote Competition the following dales will be of paramount importance. Pickup Drop off Friday, May 10 9am Ipm Monday, May 20 9am Ipm Monday, May 13 9am - Ipm Thursday, May 23 9am - Ipm Tuesday, May 14 9am - 1 pm 9am - - Friday, May 24 - Ipm The Pro-Choice Network of Western New York presents Minority Women Speak out About Reproductive Rights Panelists will include: Myra Gordon, Ph.D., Coordinator of Clinical Services at Buffalo Slate College Counseling Center. Mary Davis, WGR radio talk show host. Linda LaPress, Native-American Home-School Counselor, Akron Central Schools Maria Rosa-Allen, former medical social worker at Children's Hospital; Ph.D. candidate, University at Buffalo. May 6,1991 at 7:30 pm Unitarian Universalist Church 695 Elmwood Avenue (at West Ferry). Ralph Nader addresses students and community members in 106 O'Brian Tuesday April 16. (see photo-right) Dean Lee Albert addresses a gathering of student protestors, (see photo-bottom) I I I Tuesday, April 30, 1991 • The Opinion 11 �H mJ%pP lilt *Ar% .---.. . rtinitf* .. , .VAV.V.V.VAV.V.VAVAV.VAVAVAV .. , ... . ■• J^m � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-04-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 14 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/30/1991 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/669ec844aeaa33feba02acfa0e523771.pdf 504bd0b5c88090aa18da501af89cc10b PDF Text Text TO HE PINION Volume 31, No. 13 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 16,1991 Zbigniew Closes Distinguished Speaker Series by Sandra Williams Business Manager John B. Licata Feaures Editor University of Buffalo's Distinguished Speaker Series welcomed Zbigniew Brzezinski on April 11, 1991 at Alumni Since 1981 he has been with the Center for Strategic Studies in Washington, D.C. Mr. Brzezinski spoke on the United States' victory both in the cold war and the recent "hot war with Iraq. He pointed out the significance of the victories demonstrated that "military victory is not tantamount to political victory and the Professor Brzezinski addresses Alumni Arena on April 11 Arena. Mr. Brzezinski's resume includes former National Security Advisor to President Jimmy Carter. He also served on the Foreign Intelligence Advisory Board for the Reagan Administration. defeat of Communism is not a victory of democracy." He stated that even though the United States emerged victorious from the forty-five year cold war, Communist regimes have not been moving swiftly for the advancement of democracy except for a handful, particularly Poland. He added that the victory in the "hot war" with Iraq did liberate Kuwait but made Iran the most dominant force in the Middle East, and left a hostile antiAamerican principle. Further, the region is on its way to being "Lebanonized" in a web of antagonistic relationships. This situation will have a detrimental effect on American foreign policy and will require substantial U.S. financial support. In the present fiscal crisis it is difficult to predict the source of funding for such an endeavor. The need forfinancial support ismainly due to the systematic destruction of Iraq and Kuwait in the pursuit to liberate Kuwait. He stated that the war was not only against the Iraqi army but also against the Iraqi society. Thus, 'ninety percent of the industrial facilities have been destroyed." In addition, seed supply warehouses were systematically bombed and the same was done to the Iraqi water system. All sources of energy and communication were also systematically destroyed. An official who reported on the area after the cease-fire declared that Iraq, a relatively industrially developed nation, was reduced to a pre-industrialized society where citizens are basically drinking water from the same source that operates the sewage system. The result: the "vulnerable are dying- the aged, the young and the poor." Mr. Brzezinski further added that this result is a moral aspect of war and one of the downsides. However, the victory isthat aggression isrebuffed. Moreover, American power is now again taken seriously and shows that it won't tolerate aggression. The Middle East is a sphere of American influence and no one else's. The U.S.S.R has been eliminated as a rival due to the destruction of its miltary-supported systems. Subsequently, the "hot war secures access to oil for the United States. He concluded that regarding to the moral dilemma of the "hot war" the US should have used proportionality and restraint. As a result, the US might not be able to deal with the world morally and this is a significant aspect of US foreign policy. In addition, the US will have to pursue redistribution of the wealth, stability and peace in the region,and an Arab-Israeli peace possibility. Finally, the US will have a responsibility to build up the Communist states economically, a task these states cannot complete by themselves Further, Professor Blum stated that it would require a huge amount of timefor each professor to develop his/her own standardized sets of R& W materialsand to conduct frequent conferences with meaningful review of assignments. This memo concluded that faculty tend to disdain this kind of work and that to say all are equally qualified to conduct R&W is like saying that they're all qualified to teach tax or contracts. This memo came to us as part of a larger packet addressing many serious issues affecting the reputation ofthe law school and UB as a whole. In these letters is a question addressed to Professor John Schlegel concerning his views on the efficacy of replacing the present R&W program with assigned professors. His response is "Zippo". Pressing further, another professor asked Schlegel whatthe straightanswer was concerning the value of the proposed system. According to the letter Schlegel responded, "In my words it is grotesque...dreadfuF. What can you do with no loaves and no fishes?" On condition of anonymity we questioned one of the student members of the budgetary priorities committee about Professor Schlegel's approach to research and writing in the budgetary process. The student's response was that Schlegel completely dominated and controlled all decisions and that no other possibilities were ever opened for scrutiny beyond whatprofessor Schlegel put on the table. The student, who has been threatened with being reported to the N.Y.S. Bar Character and Fitness Committee if herevealed thesefacts saidthat Schlegel lied to him about whether or not it was possible to eliminate a faculty position. The student went on to say that, "Temporary layoffs of tenured faculty in budgetary crises are common. Union contracts don't preclude this and these contracts are on the table this month anyway. The problem may be one that could have been resolved by natural attrition". The Opinion asked Dean Filvaroff the same question and the Dean said that tenured professors with union contracts presently in place will be teaching next year. The Dean stated that the change in the research and writing program was contemplated for a few years because of the anticipated withdrawal of Professors Olsen and Berger. The Dean responded openly to every question posed to him and finished by promising, "I will do everything in my power to insure a meaningful, educational, and well structured writing program." Schlegel Scuttles Research and Writing Program even the old system was not "rigorous" by Jim Monroe Photography Editor The question came up at the town meeting last month. Would the budget cuts eliminate the reseach and writing program? The Dean answered, "No, the research and writing program will not be eliminatedforbudgetary reasons." Since then the research and writing program, as we knew it, has been eliminated. According to the interview conducted by Darryl McPherson with Professor Schlegel (which is published in full in this issue), the T.A.s were eliminated for fiscal reasons. Professor Schlegel has devised a new system whereby first year students will be assigned to professor "advisors" who will give them writing assignments as they see fit. No core curriculum will be used and the assignments will be discretionary; When McPherson brought the results of his interview to the students one ofthe first questionsraised was howthiswould affect our accreditation as a law school. The Opinion went to the Dean's office and got a copy of the Court of Appeals Standard 302 which states: The law school shall: (i) offer to all students instruction in those subjects generally regarded as the core of the law school curriculum; (ii) offer to all students at least one rigorous writing experience; To many this standard seems so vague as to be subject to any interpretation including one that non-mandatory courses in writing alone would be sufficient. Many, however, contend that and the new system will be far less rigorous depending on the specific professor a student is assigned to. Nils Olsen, one of the professors in the old research and writing program has been quoted as saying that, "Rather than having a sham program, we should have no program at all." Various other faculty have said that without any specific budgetary allocation, it is extremely unlikely that any viable program will exist. According to one source, that is because faculty time is ten times more precious than Teaching Assistant time. The Opinion visited Dean Filvaroff and asked if he thought that, within the new system, any core curriculum would be developed. He said that this was one of the issues the committee was still working on. We asked him if he felt that professors would take the new program seriously and if they would be tempted to use first year student assignments as private research for pet projects. The Dean felt that the faculty would, in fact, do a good job with the program and that first year law students would be of verylimited value as research assistants. A memo from Jeff Blum dated May 1, 1990 recently came to our attention regarding the proposed changes in the research and writing program. Professor Blum listed the six most important components of the current T.A./interactive research and writing program and asserted that very specific skills must be taught. This memo discussed the difference between legal writing style and the stylethat would be impartedfromthe T.A.s in the English Dept. HIGHLIGHTS SBA Candidate Statements......pg. 4-5 Commentary: The Israeli/Palestinian Conflict ha HBsn mem pg. 4 dks �__ I ATTENTIONS CLASSES OF 1991 & 1992 SPRING SEMESTER DISCOUNT WHEN YOU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, OR ANY NEW ENGLAND AR REVIEW. J If your registration fee is: $150 $100 $50 Ybur tuition will be: AfeivVbrir New England New Jersey $f095 5ff45 $ff95 $945 $995 $1045 $845 $895 $945 Note: Regular tuitions are $1245 In New York; $1095 In New England and $995 In New Jersey. THE LAST DAY TO SAVE UP TO $150 IS To Be Announced BAR REVIEW . THE BAR REVIEW THAT CARES ABOUT YOU." 415 SEVENTH AVENUE, SUITE 62 20 PARK PLAZA, SUITE 930 YORK, 10001 NEW NY. BOSTON, MASS. 02116 (212)594-3696 {201)623-3363 (516)542-1030 (617)437-1171 (203)724-3910 (914)664-0007 FAX: (212) 643-9460 FAX: (617) 437-0693 I I I I �LGSOD-ULivneetyasrsbwi:nAT&mhoStguOdGay rganization by Lenny Cooper Since its formation in the midthe Lesbian & Gay Law Students -19705, Organization (LGLSO) has provided a place for students at the Law School to meet to discussand promote lesbian and gay rights in our society. Timothy Reinig, who is currently the LGLSO treasurer, described what he feels are the group'sthree mainfunctions. First and foremost, the LGLSO tries to create an environment which provides a support network for gay and lesbian students to help them cope with the law school experience. This environment extends to the classroom where the goal is to provide a non-heterosexual perspective on topics such as Criminal, Constitutional, Trusts & Estates, and Property law, which is often lacking in class discussions. Second, the LGLSO strives, through its presence, to make people aware of the substantial minority of lesbian and gay students at the law school. This goal includes the dismantling of stereotypes which people have of lesbians and gays. Finally, the LGLSO functions as a connection between the law school and national lesbian and gay organizations like the National Gay and Lesbian Lawyers Association (NGLLA). This function helps to respond to problems like the law school Career Development Office's lack of helpfulness to lesbian and gay students. The LGLSO's ranks have grown overthe last three years. Reinig, a third year law student, recounted that when he first came to Buffalo most of the members of the LGLSO were "in the closet" and refused to participate in the group's public activities. 'There were only three or four active members who did the lion's share of the work. Also, the group was dominated by men," said Reinig, who went on to point out that since then the group's ranks have swelled to about thirty members, with a core group of fifteen. The membership consists of lesbians, gays, bisexuals, and heterosexuals. Reinig pointed out that a significant number of the lesbian and gay community at the law school does not participate in the LGLSO because they are in the closet: "They feel that it is too much of a risk to affiliate with the group. Their perception is that open identification will ruin their careers." Other lesbian and gay students are put offbywhatthey perceive to be the radical politics of the group. However, Reinig is quick to explain that this is not the reality of the LGLSO. Both Reinig and the LGLSO president, Terri Mayo, point out with pride the fact that although the LGLSO is composed of a very diverse group of people, in terms of gender, race, and political beliefs, they function together well. Mayo said that "coalition building is whatthe LGLSO is all about—and we've been incredibly successful." Mayo pointed out that the group's diversity translates into a broader social agenda. Where once the LGLSO's activities were limited to occasional tabling, today the group is far more active. Last year, Ms. Mayo represented the group at the NGLLA national conference in Atlanta. Mayo wasable to establish many contacts there and became a member of the NGLLA's student board of directors. Additionally, it was at this conference that Mayo met Paula Ettelbrick, who was later invited to speak at the law school. Ettelbrick, one of the premier lawyers in the area of gay and lesbian rights, spoke to a full audience as part of the Mitchell lecture series. The LGLSO also filed a complaint this past year againstthe school with the Human Rights Commission forallowing the JAG Corps, which discriminates against lesbians and gays, to recruit on campus. The group also had events for National Coming Out Day. Upcoming group activities include a rally to protest the reduced sentence of Lucky Rodriguez, who killed a gay man, but received a conviction of burglary instead of murder and manslaughter, and a table presentation to provide information on the Defense Department's discriminatory treatment of lesbians and gays. Additionally, there are plans for some Brown Bag Lunches on lesbian and gay topics. The LGLSO also interacts with other student groups. These include other lesbian and gay student groups, like the Lesbian Gay Bisexual Alliance (LGBA) and the Lesbian and Gay Graduate Group (LGGG), and other law school groups, like the NLG. Looking toward thefuture, Reinig said that the group would like to see changes in the law school's faculty and in its curriculum. The LGLSO would like ta see the inclusion of lesbian and gay perspectives in the current curriculum. There is a desire to see a course in the growing field of AIDS Law. But aside from new courses Reinig states: 'The regular law school courses slfouIdreflect a real perspective which includes view- CONTINUED ON PG. 9 Signs of Spring: Professor Blum holds classes outside. U.B. Federalists Travel to Yale for a National Symposium on the Bill of Rights by Karl J. Czymmek On March 1 and 2,four members of the University of Buffalo Federalist Society traveled to Yale Law School'to attend a conference entitled 'The Bill of Rights After 200 Years." The symposium was sponsored by the Federalist Society for Law and Public Policy Studies which annually sponsors similar events. The Federalist Society was founded, in 1982 at Yale Law School, also the site of its first national symposium. Therefore, it was appropriate that the conference should return to Yale for its ten year anniversary. There were over 500 law students, professors and attorneys present representing 40 law schools from across the United States. The impressive list of panelists included some of the brightest legal minds from all points on the political spectrum including: The Honorable Frank H. Easterbrook (author of the dissenting opinion of U.A.W. v. Johnson Controls at the seventh circuit level), Professor Richard Epstein (author of Cases and Materials on Torts, which should ring a bell to those of you in section 2), Professor Nadine Strossen (N.Y. Law School Professor and President-Elect ofthe American Civil Liberties Union), Professor Herman Schwartz (former U.B.Law Professorandcurrently a Contributing Editor ofThe and Professor Stephen L. Carter (Yale Law School Professor and author ofThe Best Black, and Other Tales which shouldalso sound familiar to section 2). The Honorable Ralph K. Winter gave the opening address on Friday evening which was followed by a lively panel discussion entitled "Should the Bill of Rights Fully Protect Fundamental Freedoms?". A major debate arose between Professors Epstein and Bruce Ackerman where Epstein urged us to consider a return to the Lockner era of "individual rights" while Ackerman contended that these "individual rights" were swept away during the New Deal era by the votingpublicinfavorof "new liberties." Professor Strossen considers civilliberty to be synonymous with fundamental freedom but unlike Epstein, she would not give all ten amendments equal weight. Strossen also commented that she is often the "token conservative" but at this conference she considered herself to be the "token liberal." The second panel addressed "how effective are bills of rights in protecting freedom and civil liberties?". Judge Easterbrook and Professor John Baker were both skeptical as to how effective any bill of rights may be and Judge Easterbrook suggested that freedomrides upon societal demands rather than a supposedly sovereign document. Panel three considered 'The Bill of Rights and governmental structure." Here Yale Law School Professor Akhil Amar discussed the idea that most legal scholars have underestimated the continuity between the original Constitution andthe Billof Rights. Yale Law Professor John Langbein complained about the demise ofthe criminal jury, an institution carefully protected by the Constitution and the Bill of Rights. Professor Kate Stith of Yale Law School, a former prosecutor, took exception to Langbeins comments to the effect that criminal defendants elect to plea bargain to avoid stiffer penalties sought by prosecutors when a case is brought to trial. The final panel discussed "Judicial Interpretation of the Bill of Rights." Professor Stephen Carter urged that judicial interpretivism has been beneficial to our society but interpretivism can be carried toofar. Professor Lino Graglra, in animated fashion, announced thatformer Justice Brennan and Justice Blackmun leap out of bed each morning, run to the window and query loudly "what evils in the world can I cure today?". I wonder if Graglia supposes Brennan and Blackmun went a little too far? The program concluded with a debate about whether "Congress should pass legislation overruling the Supreme Court's recent decision in the 'Peyote Case' limiting the scope of free exercise of religion?" Professor Mike McConell of University of Chicago Law School said that the Court decided wrongly, and that CONTINUED ON PG. 11 Biking Cross-Country For Abortion Rights: The Student Freedom Ride abortion, tying irfa oroad range by Alisa Gilhooley Students from across the coun- try will be participating in an historic Re- productive Freedom Ride this summer. Using bicycles as a vehicle to spread the message of the importance of reproductive rights and health, the young people will lead rallies, workshops, and speak-outs in towns between New York City and Seattle, Washington. Launched by Students Organizing Students, the 4,000-mile, ten-week journey will begin June 3,1991. "We are cycling because weare using our own physical and mental strength to show the nation that we are determined to ensure our rights," said Andrea Rose Askowitz, project organizer. "We will conquer the physical terrain of this country while symbolically conquering its political terrain as well." The aim of the Reproductive Freedom Ride is to educate and mobilize people of all ages on the issue of reproductive freedom. The students plan to extend the abortion debate beyond ot nealth issues. The reproductive rights and includes: safe and aborlegal agenda tion, freeto those in need, withoutrestrictions; accessible pre-natal and post-natal care; education about birth control, AIDS, sex, and sexuality; minors' rights to abortion and birth control; and an end to violence against women. "We're organizing the Reproductive Freedom Ride because we're young, energetic, and able to lead in this legof the struggle,"said JessicaTollefson, outreach coordinator. "We have to act because we are the ones directlyaffected by the birth control and abortion restrictions we face in this country." More than 1 million teenagers get pregnant every year. Currently, 80% of all abortions are obtained by women between the ages of 15 and 29, but recent legislation enforced in 15 states (parent consent and notification laws) have severely restricted this option for minors. The Reproductive Freedom Riders represent the overwhelming support of young people for abortion CONTINUED ON PG. 9 �Student Bar Association Candidate STATEMENTS DAVID CHIEN WRITE-IN CANDIDATE FOR THE OFFICE OF SECRETARY Student government secretaries seem like nothing but mindless stenographers to all but those who do the job. To all those who have done it, the work is more than merely taking down minutes. The secretary's input and involvement on student issues is as great as that of the other executive members. I am David Chien and I want to be your S.B.A. make unilateral decisions concerning budgetary and academic issues. Students have a right to a direct voice in matters of law school curriculum and SUNY budgetary appropriations. A vital role of the S.B.A. is not only representation but networking. Social functions have been conseiciously absent and need to be considered part of the law school experience. S.B.A. needs to reinstate the regular informal gatheringsthat it sponsored in the past. These affairs allow first years students to escape the constraints of their section and give cv- MICHAEL FEELEY Secretary. I have had a great deal of experience as a student leader. I wasVicePresident of the Residence Hall Association at SUNY Stony Brook, the administrative body which oversaw the twenty-six individual residence hall legislatures. This position involved hearing student group requests for money. I regularly dealt with the student body as wellas campus and SUNY administrators. In addition, I was highly involved in policy development, serving on committees which addressed campus security problems, procured services fortheresidence halls, and balanced the residence hall budget. As the secretary of the 1990 Room Rate Review Committee, I cowrote the multi-million dollar budget proposal for the SUNY Stony Brook residence halls submitted to SUNY Central in Albany. Write in David Chien for S.B.A. Secretary on April 16-17. JEFF ERTEL The S.B.A. must resolve to dowhatever necessary to protect student interests in the upcoming fiscal crisis, working with the administration wheneverfeasible, but working around them when we have to. Protecting students' interests means first detecting students' interests without going to extremes on the basis of misinformation or missing information. In order to be more reflective of and responsive to the student body, representatives should not be empowered to Hello! My name is Michael Feeley and I'm running for SBA VicePresident. I have overcome my usual measure of apathy to place myself onthe ballot. I was prompted to do so by my frustration with the continuing failure of law student organizations to win benefits from the administration and/or provide services to the student body. Attempting to bring about social justice in the law school community and elsewhere is an important endeavor for all, but a student government should do more. The Student Bar Association should provide services to ease the lives of all of the law students at this school. I have several proposals for additional services that the SBA could add to make our drab existence at UB Law School more pleasant. First, I see no reason why UB Law School should not have its own Law School Club (read Pub, Bar, Booze Trough, etc.) where students can relax withone anotherin a recreational setting. Many other Law Schools have them. Why not here? Certainly space can be found in a building this size for a small bar. Notice how well space is used in the basement of this school near those attractive first-year lockers. Everyone is over twenty-one and we could limit membership to law students and faculty. (0.X., maybe no faculty.) Second, the SBA could take the lead in the Bar Review Co-op movement. It is surprising that a group which is supposed to represent all the students has not made this issue which affects every student a major issue. I would have thought that the SBA would have seized upon this as a way to provide a service to everyone. Third, the SBA could write a regular column in THE OPINION summarizing current concerns and their status in a short list and include a schedule of events. An organizational agenda for all student groupscould also be coordinated by the SBA to avoid conflicts. Fourth, the SBA could coordi- natethegroups whoregularly sell coffee, bagels and donuts in the morning and possibly construct a snack barwhere the proceeds would go to student groups on a franchise basis. A permanent, organized system would be much more efficient and profitable than the current one. Finally, the SBA should try to organize a book exchange for law students to place their books for sale in a flea-market type systemwhere the books are set out by the SBA with the asking price and the seller's name attached to each book. The receipts and money would be set aside for each sale and distributed later. Personally, I'm sick of paying through the nose to the bookstore. If another law student gets the money, at least it'll be spent on a worthy cause, e.g. beer, avoiding eviction. I hope that you find at least some of these proposals of sufficient merit to earn a vote for me. I'll do my best to see that they are pursued to the fullest extent possible. If you 'd like to ask my anything, just come up and talk to me. Thank you for your attention. Remember to vote Michael Feeley for SBA Vice-President. BRIAN MADRAZO My name is Brian Madrazo. I am a second year law student and I am running for Student Bar Association President. I ask each and every law student to vote for mefor SBA President during the elections April 16th and April 17th. My reasons for running are simple. UB is our law school and I do not know right now if I would recommend UB to incoming first years. Secrecy on decisions effecting students and threats to the students are no longer mere isolated incidents but part of an emerging pattern. The only way students can reverse this trend is to act in unison on the issues that effect us all. While some may disagree with me I believe that the SBA can be such a unifying force. It requires strong leadership and dedicated people who are willing to stand up for what they believe in. I know I have those qualities. I will fight to pierce the veil of secrecy, andthe mentality thatallowsthese threats to be accepted as part and parcel of our SBA an effective and powerful voice for students. I have demonstrated leadership during my almost two years at this school, cochairing the Buffalo Public Interest Law Program's annual pledge drive, helping to create a Pro-Bono Task Force, representing the second year law students as a class director on SBA's Board of Directors. Further, on matters that directly effect all law students I have demonstrated a willingness to stand up and fight for law students" rights. I have taken a pro-active role during the current budget crisis, bringing a motiontotheflooroftheSßAtohaveaTown Meeting and then organizing that Town Meeting. Over 160 students came to the meeting, many, if not most, wishing to hear the Dean's rationale for the secrecy and threats to our student representatives. As many of you know, secrecy and threats to students are not newtothis law school. A goal of mine is to pierce this veil of secrecy by motivating the SBA to become more actively involved in the decision making process of this school. The only way to accomplish this goal is to create an effective SBA, one that responds to students' needs quickly and effeciently while at the same time commanding the respect and more importantly the ear of the administration. Direct action on issues that effect students such as budget cuts, registration, late gradesand bad professors must and will be taken. Some of my ideas are as follows: Standing committees will be created in the SBA that will be directed to not only look into the problems mentioned above but also propose and attempt to implement solutions. For example, there is no place to go at UB to find out what classes are worthwhile. One committee will be charged with the responsibility of creating a small pamphlet on who to take for a class and who to avoid at all costs. Further, Class directors should sit SBA office hours like the members of Moot Court, Law Review, AWLS and other student groups. The SBA should and will host at least two events per semester as well as sponsor speakers and brown bag lunches directly. In sum I have fought to end the secrecy and stop the threats. As President I will continue that fight and work to make the SBA an effective voice for the students. I thank you in advance for your support on April 16th and April 17th. DARRYL MCPHERSON His goals seem simple, but can be complex. He wants to bring unity, cohesion, and cooperation between the Student Bar Association, the student body, and the administration. It's easier said than done; a task better left to idealists or fools. You're about to meet one. His name is Darryl McPherson andhe'srunningforSßAPresident. He's not one for confrontation or controversy, he'll be the first to admit it. He tends to approach matters calmlyand thoughtfully. Effective communication, he feels, is established through building constructive relationships and mutual respect. At this time, he doesn't see any of the that. The future of UB Law is at a delicate crossroads. A healthy rapport with the administration is essential to protect the future. Though he doesn't like to fight, he will if he has to. Don't believe for a second that he won't. As a Second Year Director, he observed the workings of the SBA Office. His dedication to the office is without peer. He's tried to be helpful, and has given assistance in some capacity to almost every student group. Perhaps he's naive to believe in concepts such as honor and duty, and to apply those ideals to an organization like the SBA, but that's the kind of person he is. He strives for fairness and honesty in all his endeavors. Without a doubt, he would bring those qualities to �STATEMENTS CONTINUED Gold Group Formed for Young Alums Recognizing the energy, enthusiasm and unique interests of Law School's MCPHERSON CONTINUED the President's office. He recognizes that the importance of the officerequires ignoring some personal biases in favor of what's in the best interest of the law school as a whole. But he still wishes to bring some zingto the job. Hopefully, his amicable personality, quirky sense of humor, and creative streak will serve to spark a different, if not new, era in the governing of the SBA. He thanks you in advance for taking the time to read this missive, and for considering the possibilities. He's willing to make the journey, but you have to take the next step. Let speak the vox populi—vote. MICHAEL ORTIZ WRITE-IN CANDIDATE FOR TREASURER It isa sad state ofaffairs when no one cares enough about the law school student budget to do something about it. I do care and can make a difference. My name is Michael Ortiz and I am running for treasurer of the S.B.A. as a write-in candidate. I have a B.S. in accounting from N.Y. Institute of Technology as well as extensive experience in student government. As President of the Student Government Association at NYIT, I oversaw the administration of a budget of $100,000. Under my tenure, I helped organize blood drives, clothing drivesfor the homeless, and helped improve the library facilities, among other things. Give me the opportunity to serve the law school community. Write-in Michael Ortiz for S.B.A. Treasurer on election day, April 16-17. GREG OLMA I am entering the race for President of the Student Bar Association because it seems to me and also to many of my fellow law students that the SBA has become all but invisible lately. If I am elected I intend to pursue an activist course. That is, I would like to turn the SBA into a more active organization with the intent ofrepresenting the interests of the law student. I see the primary purpose of the SBA as primarily an advocate for the needs of this University's law students. Of course, there are positions to be taken and statements to issue, but the first responsibility ofthe SBA should be to the students that comprise it. I will use my experience with notfor-profit corporations as a tool. I have organized extensively; my experience runs from serving as a political campaign manager to helping start a community organization. I have seen institutional paralysis before and I have some ideas on how to shake the lethargy from the SBA. On organizations: The SBA can help provide support for a number of student associations, as it does now and should. I support working with the various student groups to help achieve mutually beneficial aims. One thing that I believe has been a detriment to us as law students is the amount of ideological strife over the past few years. I would take my election as a mandate to try to end these feuds and attempt to bring unity to efforts to better our stay at this law school. On Social Events: I believe that the SBA has to organize social events whether these events are beer blasts, socials, debates, whatever. We need more of them to help practice our social skills. After all an essential part of lawyering is communicating. I promise to have more events. I think that SBA has to encourage communication between us students. Chances are, there would be less tension and more unanimity. OnBook and Bar Review Coops: I signed up for the bar review coop, not only because I may get a better deal, but also because I believe in the concept of coops. I would like to get the SBA started on establishing a cooperative book store, perhaps withthe helpof the Clinic program at the law school. While I realize that many of us or even any of us will benefit from the cheaper books, future students will and this law school will be a better place forit. I believe that we have needed a coop for a long time and and now is the time. I am 31 and a resident of the east side of Buffalo. My undergraduate degree is in Journalism. I own a 1980 Ford Stationwagon with 127,000 miles on the odometer. I plan to pursue a career in government law. I have two cats, am a registered Democrat and play Softball, ruabv and soccer. newest graduates, the Law Alumni Association has embarked upon an exciting project—the formation of a GOLD (Graduates of the Last Decade) Group. This organization will address the needs of the Law School's most recent graduates, approximately 2,750 strong. Realizing that students are future alumni, the steering committee of the GOLD GROUP would greatly appreciate any suggestions about how the GOLD GROUP might interact with students. Students are asked to direct their ideas to Edward J. Markarian at Hawthorne, Markarian, Siegel, Manz & Burns, 3080 Delaware Aye., Kenmore, NY 14217 or call him at 874-2111. Commencement Review Course Contemplated by Chet Gary BAR-BRI and Pieper mayoffera one week course on how to "thinklike agraduate." The taped lectures, as usual, will provide the candidates with black letter knowledge withheld from them during their three year tour of duty. The tuition will run a mere $1991 for those who made down payments while still in high school and double for all others. (No kickback to the law school.) The course will inform students on the following topics: Commencement speaker: Michael F. Dillon, Presiding Justice of the Appellate Division, Fourth Judicial Department (Distinguished UBLaw School graduate, Class of 1951). Student Speaker: Mark Schlecter Music by: Hot Cargo Bar Association Plans Spring 1991 People's Law School Wills and trusts, an introduction to the court system, and consumer credit problems are among the topics slated at the Spring 1991 People's Law School. Sponsored by the Bar Association of Erie County, the five-week public education program is set for Wednesdays, May 8 June 5, from 7 to 9 p.m. at Daemen College, 4380 Main Street, Amherst. The program, which explains various aspects of the law in layman's terms, is open to all area residents. A non-refundable $20 registration fee includes the textbook, "Understanding the Law: A Practical Guide for New York Residents," handout materials, and all five lectures. Special arrangements may be made for those unable to pay the fee. Each session will feature presentations by local attorneys and judges experienced in the legal areas to be discussed. Certificates of completion will be given to those who attend all five sessions. Funding is being provided by the Erie County Bar Foundation and the New York Bar Foundation. KATIE SULLIVAN This spring's program includes: May 8, Introduction to the Court System/ My name is Katie Sullivan and I am Matrimonial & Family Law, with Tracey A. Bannister, Esq., as moderator; May 15, running for Student Bar Association Vice Counseling the Elderly/Wills and Trusts, David R. Pfalzgraf, Esq., moderator; May President. My running mate is Jeff Ertel 22, Money and the Law, including a look at Small Claims Court, consumer credit (for President), and we have several problems and bankruptcy, with David G. Jay, Esq. as moderator. general goals which will further the inAlso, May 29, Criminal Law and Victims' Rights/Landlord-Tenant Relations, terests of the law school community. featuring a mock trial and a discussion of landlord-tenant rights, Mark J. Mahoney, These include close contact with fellow Esq., moderator; and June 5, Buying and Selling Real Estate/Personal Injury and students to inform them of the Insurance, Stuart B. Shapiro, Esq., moderator. administration's machinations and to People who wish to register should call the Bar Association at 852-8687 by determine appropriate responses. Wednesday, May 1. For details, contact Debbie Silverman or Bonnie Kam at 852Further, we feel that in the present -8687. fiscal situation the S.B.A. mandates a greater official interaction with faculty members in the hope that improved dialogue will generate creative solutions to the inevitable cutbacks. Specifically, there must be a disciplined approach to any Research and Writing program. We May 8-June 5 cannot go from the present system to 7:00-9:00 pm (Wednesday random assignment of professors who evenings) be left to will theirowndevices in choosing an appropriate curriculum. It's not fair to the professors and it's certainly not fair to the students. Daemen College We are also looking forward to a much 4380 Main Street more sociallyactive S.B.A. in the coming year. Increasing the contact among all students as well as within the law school administration and faculty will increase .00 fee to cover materials our ability to discern the best policies to Your lawyer and the pursue and these will be my goals next Bar Association of Erie year. County invite you to learn Call 852-8687 All year long I heard criticism of what more about the law. for further information the S.B.A. was or wasn't doing. I decided that it wouldn't be right for me just to criticise if there was any chance that I could get involved and work for what I believed should be done. It is for this Funding provided by the Eric County Bar Foundation reason that I ask you to allow me to and the New York Bar Foundation. represent you as the vice-president of S.B.A. - WmWxS+M HriH DO YOU Know Your Rights? ESI wwmLmmm �I OPINION Mil Volume 31, No. 12 1 April 16,1991 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco John B. Licata Michael D. Gurwitz jjm Monroe R On Rusczyk EDITORIAL Discretion and discernment are essential when resolving to follow a course of action, particularly one which we find unpleasant. While acutely conscious of the considerable step undertaken in thiseditorial and the weighty matter thatit addresses, there is no argument for avoiding responsibility in light of recent revelations. This is not an invective motivated by whim coupled with an eye toward sensationalism. It is with sincereresolve and distinct awareness ofthe unique qualification of The Opinion as a voice for the student body of SUNY Buffalo Law School that this paper requests the resignation of Dean John Henry Schlegel. During the tenure of Dean Schlegel there has been a detrimental change in the administration of the law school, particularly in matters that directlyeffect the students. The students attending SUNY-Buffalo Law School have dedicated considerable time and resources to reach this point in their education and inreturn the law schoolshould provide them with thebasic skills necessary to pursue a legal career. Most students would agree that the quality ofthe education they are receiving or have received here at UB is superb. The exceptional dedicationand concern of particular professors hasno doubt played the most considerable role. For many of us, our"best" classes are the ones whose professors were outstand ing -as both friendsoutside the classroom and especially as educators inside the classroom. It is one thing for a person following avision of abetter community tolead by example and it is quite anotherwhen the manifestation ofthat vision goes awry. Dean Schlegel's unquestioning adherence to the tenets of Critical Legal Studies does not necessarily drown eitherthe students orthe faculty ofthisschool in a miasma ofuselessrhetoric. Instead, he has failed to offer students, particularly first year students, fundamental concepts oflaw-knowledge ofwhichis necessary not only in a more perfect society-which we wish to attain, but realistically, the imperfect society we are apart of and will contribute to. Graduating students preparing for the upcoming bar exam havebeen particularly vocal in their disappointment and sense of frustratioinconcerning their experiences as students of Prof. Schlegel. As an administrator, inexplicable and unnecessary veils of secrecy blanket the important issues which arise in the committees he chairs or sits on. The editorial board of The Opinion, as well as the majority of the student body, was shocked several weeks ago at the threat Dean Schlegel lodged against several first year students serving on the Budgetary Priorities Committee. Although invitedto thesubsequent town meeting held specificallyto address matters ofconcern to supplying explanations. the students that Schlegel had generated, Dean Schlegel did not bother to attend and left Dean There seem to be no competing arguments k> warrant Dean Schlegel's continued occupation of the position of Associate Dean and several reasons torequest a replacement. The position should and must be occupiedby afaculty memberwho would consider the educational needs and goals ofthe students above anything else. Staff: Daryl McPherson, Pat Miceli, Lenny Cooper, Nathanial Charny Contributors:Robin Sardegna, Ron Welner, Srikant Ramaswami, Chet Gary, Karl J. Czymmek, Alisa Gilhooley, Gary Ketcham CCopyright 1990. The Opinion, SBA. Any reproduction o< materials herein is strictlyprohibited without theexpress consent of the Editors. The Opinion is publishedevery two weeks during theacademic yuear. It is thestudent newspaperof theState University ofNew York at BuffaloSchool ofLaw, SUNYAB Amhersl Campus. Buffalo, New York 14260. The views expressed in thispaper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-classpostage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion Is funded by the SBA from Student Law Fees. The Opinion welcomesletters to theeditorbut reserves theright to edit for length and libeious content. Letters longerthan three typed double spaced pages will not beaccepted. Please do not put anything youwish primed under our officedoor. All submissionsshould be placed in lawschoolmailboxes 677 or80S by thedeadlinedate. Deadlines forthesemester are posted in themailroomand outside The Opinion office, 724 O'Brian. THE OPINION MAILBOX What if the Racists are Wrong? To the Editor: This letter is written in response to Hans Tirpak's "What if the Racists are Right?" First of all, many progressive educators and neurobiologists believe that intelligence is a lot more complex than IQ scores, which basically verify test taking ability. Harvard Professor Howard Gardner's theory of multiple intelligences, which is based upon research in cognitive psychology, brain research studies and cultural anthropology, is the example. A Yale professor whose name escapes me has a triarchic theory of intelligence. Many factors such as socioeconomic status (rich people get higher scores on IQ tests) and cultural bias (the population resembling those whom the test is normed on perform better) are often ignored by psychometricians, whose predecessors once correlated head shape with criminal tendencies. There is also species bias. A (typically vegetarian) gorilla named Koko, who signs, was marked wrong for considering a flower edible and a hamburger inedible. Koko still scored over9o. Since the average American white male scores under 100, the inevitable conclusion (if you believe IQ tests measure intelligence) is that a smart female gorilla is almost as intelligent as the average American white male. Lastly, while IQ tests (like the LSAT) may correlate to some degree with school performance, there is no. correlation with life satisfaction. Alan Glaser Celebration of Diversity Sponsored by Counseling Center To the Editor: Last Spring, "Outreach Services" of theCounselingCentersponsoredthe first Celebration of Diversity to be seen here at ÜB. This six-hour multi-media event was an innovative and original approach to promoting tolerance and sensitivity to differences among students at ÜB. This exciting program was based onthe philosophy that differences between and among students help to enrich the campus community and therefore these differences in gender, race, lifestyle, religious affiliation, sexual orientation, and ethnicity ought to be valued rather than treated with derision and This yearourprogram, originally scheduledfor April 19, has been rescheduled to coordinate with International Fiesta on May 3rd. Some of the events of the Celebration of Diversity extend throughout the preceding days—April 30 to May 2nd, and some have been included as part of the International Fiesta on May 3rd, 1991. (Note: Spring Fest has been scheduled for Saturday May 4th, making this an all out week of celebration on the campus!). The Celebration of Diversity and The International Fiesta will be co-sponsored by Outreach Services (Counseling Center), undergrad students in the Introductory Leadership Seminar, Life Workshops (Office of Student Life), and the International Affairs Council (Student Association). Call us for more details about the following scheduled activities: Tuesday April 30, Noon-1 p.m.:Live Music featuring "Rising Tide" (Founders' Plaza) May 1, Noon-2 p.m.:Live Music in Capen Lobby Slide display "Graffiti at UB" 7 p.m. to 9 p.m. -.Keynote Speaker (TBA), Slee Hall ursday May 2, 5 p.m. to 8 p.m.: Campus Speakers {tdnesday day May 3, Noon to 10 p.m.: PanelDiscussions Mini-Workshops & Film InternationalFiesta To date, more than 20 international student groups have agreed to participate in the International Fiesta. This 10-hour event includes Cultural Displays, Food Tastings, Improvisational Skits, Fashion Shows, Kite-Flying Exhibitions (daytime and nighttime), a formal Dinner, and dancing to Live Music featuring bands which include the Caribbean Extravaganza, the Outer Circle Orchestra, and a Haitian Students' band. On Wednesday May Ist, we will be featuring a surprise Keynote Speaker— look for flyers announcing this as well as the other activities of the week-long Celebration of Diversity. Other campus representatives committed to programs on diversity will be featured on Thursday May 2nd. In keeping withthe spirit of celebration, live music will be featured throughout the event. We would appreciate the support of all the students, faculty, and staff at ÜB. Thereare over 27,000 students at this University. If each of usattends only one activity, the week will still be a success. We strongly encourage thefaculty and staff to become involved. Let's put UB on the map with a splendid show of support for this event which we hope to sponsor annually. Buttons and T-shirts promoting this program will be on sale before and during the event. Your support in these purchases will also be appreciated and will help defray some of the costs. There is no admission charge for of the four days of events. Finally, I want to highlight the major roles played by students in the organizan and implementation of this program. This is a series of programs on diversity veloped by students for students, with the needs of students in mind. Let's prove once and for all that there's no such thing as apathy at UB!! We need your support so call us and GET INVOLVED!! For further information, please contact Dr. Jillian Ballantyne at 636-2720, or Ms. Zeynet Uluer at 636-2950. We thank you for your support. Sincerely, Jillian Ballantyne, Ph.D. Coordinator of Outreach Services {y LETTERS CONTINUED ON PG. 8 DARYLMCPHERSON AMERICA? ISTHIS by I J iot> for Superrr, ar " J �GROUND ZERO Supreme Court's Ruling on Coerced Confessions Bodes I I forFuture by Michael D. Gurwitz Layout Editor When Justice William Brennan left the Supreme Court in 1990, progressive individuals and organizations around the country feared the worst. WithBrennan onthe Court, the legacy of Earl Warren was safeguarded by a five to four majority. Together with Justice Brennan, Justices Marshall, Blackmun, Stevens, and White heldfast against the conservative blocof Justices Rehnquist, O'Connor, Scalia, and Kennedy. Though Justice White frequently joined with the conservative justices, he could be counted on to vote with the Brennan majority on crucial issues involving personal freedom and rights. Brennan's departure drastically changed this equation. President Bush deftly sidestepped a Bork-like controversy by nominating David Souter, a mysterious, seclusive jurist. Dubbed the "Stealth Candidate," Souter met little resistance from Congress and quickly became President Bush's first appointee onthe Supreme Court. Progressives held their breath and hoped for the best. Among otherthings, Justice Souter had a reputation forfavoring the prosecution in criminal proceedings. The question was, how would this proclivity play out in the Supreme Court? Alas, Justice Souter followed his habits all too well. In the case of Arizona v. Fulminante. decided onMarch 26, 1991, the Supreme Court of the United States ruled that coerced confessions will no longer automatically bar conviction. Five justices joined in the majority: Rehnquist, O'Connor, Scalia, Kennedy, and Souter. Justices White, Marshall, Blackmun, and Stevens nobly cast their votes against this heinous decision; but with Brennan gone, and the conservative Souter in his place, they, and the rest of the nation, lost an important battle in the continuing struggle for freedom and justice in this country. The majority in Arizona heldthat coerced confession of a criminal the may defendant be used as evidence against that defendant if it constitutes mere "harmless error," i.e., if the rest of the evidence at trial was sufficient to convict the defendant even without the confession. This ruling flies in the face of rational thought. What could be more damning to a defendant, more persuasive for a jury, than to hear a defendant say: "I didit." How can this be considered harmless? Once uttered by the defendant, how can the jury disregard such information? How, once struck, can the bell be unrung? The rest of the cvi- dence may vary in strength, but once in the jury room, can there be any reasonable doubt after hearing the defendant say: "I did it." Opponents of the exclusionary rule—a "mischievous" rule, according to the Wall Street Journal—delighted in the decision. Punishing criminals, according to such conservative thought, should not be hampered by the mere technicalities of the fourth and fifth amendments. That this view is misguided is obvious; that patriotic American embrace it—including, apparently, the conservative members of the Supreme Court—is shocking. Justice White was aware of the terrible implications of the Arizona decision. In a dissenting opinion given orally in the courtroom, Justice White said: 'Today a majority of the Court, without any justification, overrules this vast body of precedent without a word and in so doing dislodges one of the fundamental tenets of our criminal justice system. Which tenet was Justice White speaking of? The tenet of due process— the principle that whomever becomes embroiled within the power of the United States' legal system will be treated with fundamental fairness. Let there be no doubt about it: a confession given under coercion, either by threat of harm, or by harm itself, is a worm-eaten confession that irreparably damages a defendant's opportunity for a fair trial. It is as obnoxious to our Bill of Rights as a gag on free expression, or a denial of trial by jury. The Arizona decision is not just bad law, it is dangerous law; unfortunately, it is not an aberration. The five justices of the majority are a product of the Reagan/Bush Administrations. These administrations have, by word and deed, showntheircontempt for individual liberty and justice. From drug testing to abortion to illegally obtained evidence, the Reagan/Bush Supreme Court justices have demonstrated that they are all too willing to follow the radical right's attack on freedom in this country. Justice Brennan left the Court at a time when this country needed him most. The remaining four justices are very old. It is highly likely that President Bush will replace one, or all, of them. With each new appointment, the Supreme Court will take a further, larger leap into authoritarianism and tyranny. As law students, we have a special task before us. It is up to us to continue the struggle for freedom, justice and the affirmation of human dignity. Ourfuture, and the future of our children, depends on it. We must not fail. Arab Palestine: Fact or Fiction? by Ron Welner The Israeli-Palestinian conflict over the territories Israel captured during the 1967 six-day war is unique since there is no precedent in world history that after two millennia one people are returning to their ancient homeland. Itis not the typical world situation of one powerful country conquering and colonizing a distant land inhabited by a native population. Thus, it is important to understand that any analogy of another world dispute to this one would be improper. The first consideration that must beexamined is whatthedispute isabout. Priorto the PLO's 1988 political initiative, namely the recognition of the state of Israel, the Israeli-Palestinian conflict was over the entire land controlled by Israel: Israel proper and the West Bank and Gaza. Since no Israeli would agree to the formation of a Palestinian entity on the entire land and since the PLO was the dominant group of the Palestinians, a peaceful solution to the conflict was inconceivable. The Intifida changed all this. The goalof the Intifida was and still is at a minimum the immediate establishment of a Palestinian state in the West Bank and Gaza. Chairman Arafat and other PLO leaders realized that if they still want to play the leading role of the Palestinian people they must respond politically to the wishes of their people. The PLO's other alternative, the "armed struggle", was leading them nowhere. Thus, the conflict centered on the territoriesthat Israel captured duringthe sixday war and the question is who should rule them. The conflict over these territories runs so deepthat even the name is in dispute. While the Palestinians call the territory that Israel captured from Jordan the West Bank, the Israelis call it by their ancient Hebrew name, Judea and Samaria. For the purposes of this article I will call it by the neutral name "territories". This paper will analyze the possible options to the Israeli-Palestinian conflict. However, first it is imperative to examine the history leading tothe conflict as well as important international law considerations. History: Both Israelis and Palestinians use history as an argument for their claim to the territories. The Palestinians claim that the territories as well as proper Israel belong to them by the virtue of the fact that they were the majority for hundreds of years prior to the establishment of the state of Israel. However, its historically undisputed that for about 1500 years the entire land between the Mediterranean sea and the Jordan river were part of ancient Israel. The territories were the most significant part of ancient Israel. Most Jews lived there. The destroyed Jewish temple and the old city are located in what is now considered east Jerusalem. The city of Hebron in Judea is the location of the tombs of the patriarches Abraham, Isaac, and Jacob. In about 130 C.E. the Romans had forcibly removed a large part of the Jewish population after they almost completely destroyed Jerusalem and set the Jewish Temple on fire. Moreover, the Romans changed the name of Israel or Judea, as itwas called then, to Palestine to obliterate the association between the people of Israel and their land. It is important to stress that even though most Jews were living in the diaspora since their expulsion by the Romans there has always been a Jewish community in what has become known as Palestine. The first presence of Arabs in Palestine occurred in the seventh century. Thereafter, Palestine was conquered by many empires. The fact is that there has never been an independent Arab state in Palestine. Indeed, prior to large Jewish immigration (the late nineteenth century), much of Palestine was largely barren and sparsely populated. Most of the Arab population of Palestine immigrated to Palestine from other Arab lands during the British Mandate Period (1918-1945). Dr. Carl Hermann Voss, Chairman of the American Christian Palestine Committee.wrote: "The Arab Population ofPalestine was small and limiteduntilJewish resettlement restoredthebar- ren lands and drew to it Arabs from neighboring countries... When organized Jewish colonization began in 1882, there were fewer than 150,000 Arabs in the land. The great majority of the Arab population in recent decades were comparative newcomers either late immigrants or descendants of persons who had immigrated into Palestine in the previous seventy years." — Dr. Voss's assertion is corroborated by the research of Joan Peters, an American civil rights worker and freelance writer, who for seven years researched the claim that the establishment of Israel caused the displacement of Palestinians who had lived there from 'lime immemorial." Initially she was motivated to study the situation by concern for the plight of "Palestinian refugees." However, she concluded that that claim was a myth intentionally created by Arableaders in their war against Israel. In fact, the United Nations changed the definition of "refugee" from a person who was forced to leave his "permanent" or "habitual" home to any person who had been in Palestine for "two years" prior to 1948 in order to afford themassistance. Another point to stress is that prior to the British and French defeat of the Ottoman Empire, the Arabs in Palestine did not consider themselves Palestinians but part of greater Syria or part of a Pan-Arab nation. The Arab historian Philip K. Hitti stated in 1945: "Palestine does not exist in history—absolutely not." A former mayor of East Jerusalem stated: "Palestine, Jordan and Syria constituted one family until the British and French occupation in 1918... We do not differentiate between our people." In fact, President AssadofSyriaclaimsthafGreaterSyria" includes Syria, Lebanon, Jordan and Palestine. At the aftermath of the defeat of the Ottoman Empire, the League of Nations in 1922 established a British Mandate for "the administration of the territory of Palestine." It instructed the British to place 'the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home." The British mandate over Palestine included what is now known as Israel proper, the territories and Jordan. However, the British violated the terms of their Mandate. In 1923, they tore 77% of Palestine byforming a new entity,Transjordan, on the east side of the Jordan River. Thereafter, they sharply restricted Jewish immigration to what was left of Palestine while permitting enourmous numbers of Arabs entry to Palestine. Even Franklin Roosevelt (who later shut the door to European Jewish immigration while cognizant of the Nazi holocaust) wrote, "Frankly, I do not see how the British government reads into the original Mandate orinto the WhitePaper of 1922any policy that would limit Jewish immigration," Infact, in 1923,the League of Nations Permanent Mandate Commission protested the 1939British White Paper (which sharply limited Jewish immigration to Palestine) as a violation of the Mandate. During World War II the British illegally continued to restrict Jewish immigration while the Nazis and their collaborators were slaughtering European Jewry. In 1947, the United Nations recommended the partition of Western Palestine to two states: an Arab state and a Jewish state. The Arabs rejected that resolution which followed by a seven Arab states attack on the new born Jewish state. Thereafter, Transjordan occupied the West Bank and Egypt occupied the Gaza strip. Transjordan then annexed the West Bank and renamed itself Jordan. It is important to stress that although Jordan is ruled by a hashemite king, the Palestiniansare the overwhelming majority there. Thus, Jordan is a de facto Palestinian state. During the almost twenty years that the territories were under Arab control, no "Palestinian" state was advocated or established there. It was only after the Israelis liberated Judea and Samaria that the Palestinians advocated a state there (up to recently also in Israel proper). Therefore, one must question the true motives of the Palestinians and in particular the PLOs. Tuesday, April 16,1991 • The Opinion 7 �COMMENTARY ITtheali nLoafer: Ask Yourself Why 6y John®. Licata features "Editor Adventuros f a Legal Gumshoe Normally I wait a day before reading the newpaper. By waitingthat extra day the anticipation builds itselfinto af renzied stage and I can read with the nervous anxiety one should always use when approaching a newspaper. It also helps me view the entire tapestry of events as history and emotionally remove myself from the trauma of the individuals and groups covered on the bleeding newsprint. That and it's infinitely cheaper to buy a day old paper from a news stand, or to get it free a day late from the dentist down the hall. But, the other day I dint feel like waiting for the dentist and I had a craving for some substantive information. Why I bought the Buffalo News I'll never know. The headlines were the same old things; fires, lawsuits, famine in the Mid, East, and "Nixon calls for CIA 'hit on Saddam." [4/14/91 A-8] The last one caught my attention like Imelda Marcos dancing the tango with Bob Barker: it'll only happen if the Price is Right. I can not imagine a string of proper nouns instilling more fear into the fiber of the collective American conscious than Nixon, CIA and Saddam. The use of Saddam Hussein's first name is obviously to keep him from being confused with another Mid-Eastern ruler that Mr. Nixon may want assassinated for the sake of American foreign policy. I do not question Mr. Nixon's preoccupation with foreign policy since he's better liked over there, regardless of where 'over there' signifies. While the headline really said it all, I readthe article anyway. It's akin to staring at an auto accident on the highway - you look knowing nothing you see is going to sit well with you. Ex-President of the United States of America Richard Milhous Nixon (hereinafter Dick), the man who, with a little help from his paid associates, quadrupled the number of Americans who falsify information on their tax returns, suggested the assassination of Saddam Hussein as the most effective means of stabilizing the Mid-East. While the suggestion itself is ludicrous (since nothing short of complete renunciation of the territory by every human, alive or dead, will provide stability) the manner used by Dick is completely inept. I had thought that sixteen years of exile would help the Sophist of San Clemente achieve a higher level of rhetoric. Not so. I quote the man who gave us "I am not a crook" and made the phrase "tricky" an insult. "If I could find a way to get [Saddam Hussein] out of there, even putting a contract out on him, if the CIA still did that sort of a thing, assuming it ever did, I would be for it." This guy has a law degree? From Duke University? What a horrible liar. What an enlightened foreign policy. Perhaps we should ask Salvador Allende, Anwar Sadat or Fidel Castro for a second opinion on assassination, the CIA and its behavior. Sadat would be limited to assassination as a means of establishing stability in the Mid-East. Maybe John Mitchell could give a legal opinion? Dead or alive I'm sure his answer wouldn't change substantially. He'd simply plead the Fifth. But then the article shifts gears and Dick is talking about Boris Yeltsin, Mikail Gorbachev and the Russian situation. His keen insight into people provided this bon mot for Boris Yeltsin - 'he's no mental lightweight." This endorsement coming from the man who chose Spiro Agnew (another tax evader tough on clime) as his Vice-President, selected the keen mind of John Mitchell (the man who split time between the White House and the Big House) for advice on legal matters, and put William Rehnquist on the Supreme Court for the rest of us to decipher. I'm sure Boris is proud to be in such illustrious company, he must be bragging to his friends right now. "Hey, comrades, check out this article. Richard Nixon thinks I'm no mental lightweight!" His pals circle around and pass a cold bottle of Stolichnaya with alot of predictionsofgoodthings, toasting Boris' good fortune and each agreeing this is what will solidify Boris' political reputation in Russia. Gorbachev sendsthefollowing telegram. "Dear Boris <stop> I'm sure you're proud because we all know what a great judge <stop> of character Mr. Nixon is and how devoted he is to <stop> accurate political statements." With an endorsement like that the next headline in Tass could be "Yeltsin calls for KGB 'hit' on political assassin." Dick then says Nancy and Ron were in control of the White House for eight years. Yet another outlandish statement. Michael Deaver and Ed Meese were there for some time and let's not forget Al Haig assuring the world that we could all relax because he was in charge. Since Haig worked in the White House for Dick I'm sure it was an unintended oversight by Dick to say the Reagan's had control for the whole eight year period. He actually had the gall to chide the American public for wanting to see past the veneer it had readily accepted while the Reagans were jointly holding office and for buying the unauthorized biography by Kitty Kelley. Unfortunately, for the American public, most of the documents authorized by Reagan were shredded in a weekend warrior's demented frenzy. The sad state of affairs, of both this country and this author, don't need to continually see Dick Nixon paraded around the media like some rusty threat to use on other nations. Are we secretly telling the rest of the world to deal with our president because you never know what clown we can select to replace him? This is global blackmail. At least we ought to be paid to put him in the media lineup on a Sunday night. I tossed the rest of the paper onto the couch for later reading. I hadn't voted for Dick but his presence still bothered me like a pair of wool underwear. Nobody knows why but you're damn uncomfortable. Was the legacy ofthe silent majority so strong that Boris Yelstin had to fearfor his political career? After a roast beef sandwhich and garden salad I felt better. In fact, I felt good enough to promise myself to vote in the very next elections that came my way. A painless promise I made to spite that damn silent majority. The Deadline for the next issue of The Opinion is April 22 at s:oopm Please submit articles to box 677 or 808. 8 Tuesday April 16, 1991 • The Opinion by Srikant Ramaswami They beat him repeatedly. Big wooden clubs that knew no boundaries went back and forth with Satanic fury. Somehow, he wanted them to stop. But they continued to pound away, turning his body into a battlefield of brutality. He was onthe ground now. But the beatings continued, as though the pain and humiliation that ensued would teach him to respect the law. And don't tell me you didn't see it. Don't tell me you didn't see a black man getting his ass kicked on national television. Don't tell me you turned the other cheek while Rodney King fell victim to the wrath of "L.A.'s finest." CNN, CBS, NBC, ABC. I saw it all, and I was greatly disturbed. For if this isthe "punishment" one gets forallegedly speeding, then take away my driver's license. Take away my cartoo, anddon't let me ever see it again. For I would rather walk these United States, than be subjected to the vacuous acts of officers who run the city streets. Much has emerged from the Rodney King controversy. First, there is the all too familiar issue of racism. Was this a "black against white" inspired attack? Was this an effort to emasculate King and remind him that the color of his skin must dictate the content of his character? Was this an effort to tell Mr. King that failure to adhere to a 55 mile limit results in no less than 55 beatings? And there are other controversies. Must Darryl Gates retain his job? Is the L.A. Police Department just one instance of a common happening? Has the age of videotransformed acoveted illicit activity into a slate board of visual reality? Rodney King's fate is inextricably linked to the fate of many police departments around the United States. All at once, it appears that King will never be the same again. His anatomy has been damaged. Permanently scarred. And no matter how humane other police departments might be, they will all be judged on an L.A. standard from now on. A lesson to "warn" people about the dangers of disobedience has backfired into a civilian crusade against cruelty. Today the Rodney King story is a few weeks old. The police department is "looking into it." Darryl Gates has announced a "ten point plan" to deal with the situation. Yes, indeed. Once again, as we've seen before, committees, and sub-committees will be formed to "get to the bottom of this." Weeks and months, perhaps even years will pass until a solution, if indeed any solution, is found. The Courts will decide, and re-decide. But the fact remains that Rodney King was beaten. That cannot be taken away. He is badly hurt. And "sorry" just won't heal the pain. We all have some idea of what will happen now. Perhaps the officers in this incident will be relieved of their duties. Perhaps King will win a big settlement for all the bruises that were inflicted upon him. Perhapsthefortunesof Donald Trump will distractthe media's attention. But I want you to think of the broader context here. Think of that wooden stick whacking the living daylights out of Mr. King. Think of hisagony as he writhed in pain on the streets. Think of how the beating wouldn't stop. Think of the police action that psychologically scarred him for life, reducing him to a "Mr. Nothing." Andask yourself why this had to happen. Ask yourself why we treat fellow human beings with such malice and prejudice. Ask yourself why the concept of violence must dictate the potency of some and the impotency of others. Ask yourself why the altruistic deeds of Martin Luther King should be stymied by the acerbic deeds against Rodney Xi ng. Just ask you rself WHY? — Opinion Mailbox Continued from page 6 Dear Editor, I participated in the TA work stoppage on Monday in the following ways: * I made copies of the flyers so I could hand them out to my Spanish class when I explained to them why I was not going to teach on the 15th and 16th. * I spoke up at our departmental meeting * I was here at 7:30 am on Monday morning realize these are rather modest contributions and haven't listed them in order I to brag. I wish to makea point about the tactics used by some of the people picketing. I am strongly considering not participating in the future due to the belligerent attitude of some of my fellow TAs and their harassment of people who were trying to enter Clemens. I'm sympathetic to the cause. Imagine the reaction of someone who is not. INSULTS AND CLICHES ARE COUNTERPRODUCTIVE TO GAINING SYMPATHY AND CONVINCING PEOPLE THAT WE ARE JUSTIFIED IN OUR DFMANDS. At the back entrance of Clemens Monday morning we were successful in getting people to listen to our point of view and sign the petition. Our success was attributable to our non-combative manner. It justhappened that the people who were stationed there were less confrontational and threatening than those at the other entrances. The people who walked by us would not have been enlightened by insults — they would have become even more angry and we would have gained nothing. I left to work in the library at 11:00 and in the hall I heard several anecdotes about how people were intimidated by shouts and even shoves. I doubt any ofthese people will be very supportive of us. I was "interrogated" when I found it necessary to return to my office for a notebook and I saw others receive the same treatment. One would expect graduate students to rely on reason and also to be savvy enough to take into consideration how others will react to our treatment of them. Many of us were doing neither. We have the right to protest but we don't have the right to try and force others to do so. Trying to do so will hurt our cause more than help it. If it turns out that my only options are either associate myself with a rude, cliche shouting, mob or be taken advantage of by the administration, I'll choose the latter. — Mark Rakestraw �Highlights of the Supreme Court Docket by Robin Sardegna [Editor's Note:Part 1 ofa two-partseries.] During the course ofthis semester the U.S. Supreme Court has decided a number of important cases. Each case represents a major change in at least one area of the law. One allows a private cause of action under the Commerce Clause, another lays out the test under which a school desegregation order may be rescinded, still another limits tribal immunity from taxation of Native-Americans. The Court also held that the exclusion ofwomen withchildbearing capacity from lead-exposed jobs violates Title VII of the Civil Rights Act, that the Federal Torts Compensation Act does not apply to injuries outside the U.S., that the Civil Rights Act does not apply to U.S. em- ployers employing U.S. citizens abroad, and that the erroneous admission ot coerced confessions can be harmless error. On January 15th, the U.S. Supreme Court decided Board of Education of Oklahoma City Public Schools v. Powell. In 1972, a desegregation order wasimposed by a Federal District Court on the Petitioner Board of Education. In 1977, the District Court found the school district had achieved "unitary" status and issued an order terminating the case pursuant to which the desegregation order was issued. The Respondents, a number of black students, did not appeal. In 1984, Petitioner adopted a plan Latin American Law Student Association Brings High School Students by Javier E. Vargas The Hispanic presence in this country has a long historical tradition as well as new and pressing realities. Hispanic visibility during this decade has been the result of revelations emerging from Census data whichconfirmed that Hispanics werethefastest growing minority in the U.S. society, andthatlfthecurrent growth patterns continued, Hispanics will become the largest minority group in this country Currently, the Hispanic population totals over 20 million throughout the United States. Despite this population increase, Hispanics continue to lag behind in the area of education. Although 60% of all Hispanics have completed four years of high school or more, only 11% are reported to have completed four years of college or more. The Latin American Law Student Association (LALSA) concerned about the significance of the low percentages ot Hispanic students pursuing a higher education has been conducting, since its foundation, a High School Outreach program on which high school students are shownt eh advantages of a higher education. The program stresses the crucial importance of a college education in these modern times This year the event took place Friday, April 12.1991 in the Senate Chambers of Talbert Hall and in 109 O'Brian Hall. The attendance of almost forty students was both unprecedented and promising. LALSA provided transportation, breakfast, and lunch to all the Grover Cleveland High School students. The theme of this years event was: Education, The Key to Success. A full day of speakers was prepared. It included talks about the importance of a higher education, the availability of different types of financial aid programs, admission requirements and special admissions programs, and informal educational experiences by different Hispanic law students LALSA was honored to present speeches by Dean of the Law School. David Filvaroft; the Associate Director of the Educational Opportunity Center, Michael A Rivera; Associate Professor of American and Puerto Rican Studies, Alfredo Matilla; and Financial Aid Advisor, Tony Caito. Although the event was geared toward higher education generally, as law students. LALSA is particularly concerned with the tow Hispanic law student enrollment and the Hispanic underrepresentation on practice and, especially, in law school faculties For this reason, the program included a mock Grand Jury Indictment prepared by members of LALSA and other law students. The "Grand Jury"was randomly selected from the high school students. Afer asking several question to each witness, they indicted the accused. returning a number of schools to a one Court, case law and the Equal Protection race status for the asserted purpose of Clause demand only that the Board comeasing busing burdens on black children. ply in good faith from the time of the The District Court denied Respondent's order's entry/and that in light of school motion to reopen the case, holding its operations, the vestiges of past de jure determination to be res judicata. The segregation have been eliminated to the Tenth Circuit reversed, holding that Reextent practicable. If the District Court spondent could challenge the plan since decides that this test has been met, the the school was still subject to the desegCourt said, the order may beierminated. regation order. Dismissal of the case, the In the case of Dennis v. Higgins. court argued, did not terminate the order. decided on February 20th, the Court On remand, the District Court terminated heard a case involving 42 U.S.C. 1983 the injunction, finding desegregation to and the Commerce Clause. The Petibe no longerworkable andthatthe school tioner, a common carrier, filed suit in district had complied in good faith with Nebraska state court claiming certain the order. The Tenth Circuit again retaxes imposed by Nebraska on vehicles versed, holding that the order remained registered out of state, but operating in in effect until the school district can show that state, violated the Commerce Clause, "grievous wrong evoked by new and unand that the state department of motor foreseen conditions," and that circumvehicles wasliable to him under 42 U.S.C. stances had not changed so much as to 1983. The state court found a violation of justify modification of the 1972 order. the Commerce Clause but denied The Supreme Court, agreeing Petitioner's Section 1983 claim. with the Tenth Circuit, held that ResponThe Supreme Court held that dents may contest the District Court's Section 1983 allows private suits for viodissolution of the 1972 order since the lation of the Commerce Clause. Section 1977 dismissal, which Respondents did 1983, the Court said, speaks of deprivanot appeal, did not dissolve the 1972 tions of "any rights, privileges orimmunidecree. The Court went on to say that the ties secured by the Constitutionand laws District Court was unclear in its terminolof the U.S." The Court said that legislaogy, e.g., "unitary status," and that if a tive history and case law have rejected desegregation order is to be terminated, attempts to restrict the types of rights partiesare entitled to a precise statement encompassed within that phrase. Acto that effect from the court. The Court cording to the Court, therefore, Section also held, however, that the CircuitCourt's 1983 confersrights, privileges, etc. within test was too stringent. According to the the meaning of Section 1983. Wendy Sltva and Marcos Zunlga address area students at LALSA's High School Outreach. LGLSO Continued from page 3 points otherthantraditional heterosexual ones." Reinig would also like to see the school hire an openly gay or lesbian law faculty member. However, he feels that this will be difficult. "The school has a homophobic reputation. Many other schools have instituted policies on how to handle anti-gay action, but our school has none. Openly lesbian orgayteachers might be reticent to come to a bad atmosphere." The bad atmosphere of homophobia is another matter with which the LGLSO must deal. Vandalism is a major problem. Posters for LGLSO sponsored events areregularly torn down. A blackboard notice for the Paula Ettelbrick lecture was erased and replaced by anti-gay slurs. The LGLSO office door has been defaced several times. Addressing Public Safety's response to such acts, Reinig said: "They give it low priority. They do believe that it exists,but theyfeel we are making a lot of noise over nothing." The homophobic sentiment on campus was expressed most forcefully last semester when a lesbian, who was out riding a bicycle, was attacked by several men and beaten brutally. Such actions are relatively more common at schools. Reinig ascribes this to the fact that one of the primary causes of homophobia is an individuals insecurity about his/her own sexuality. For this reason, homophobic sentiment is higher among younger undergraduate students than it is among graduate students. This homophobic atmosphere also bothers Mayo. She finds a "basic hypocrisy" in the view of some of the more politically active students at the law school: "These students call for First Amendment freedoms and do nothing to ensure that people without these freedoms are given the chance. They pay lip service to speaking out about not being chilled. Yet no one comes and says ■we'll make sure your posters don't get ripped down.' They don't try to help groups who are truly chilled to have their say. It would be nice if some ofthese First Amendment absolutists would join in to make sure that it didn't happen." When asked whether she felt that the LGLSO had a duty to educate people who hold homophobic views, Mayo was adamant: "It's not my job to educate non-gays. It's to nurture gays and be part of the lesbian and gay community. Straight people have the job to come to me. It's the same as [the lack of a duty of] blacks to educate whites on racism. I'm not a teacher. Living in a predominantly heterosexual society, living out of the closet to any degree i≤ education. I'm absolutely, fundamentally not trying to educate straights. But people who say 'I've never met gays'—I don't want that to happen during my life. I do what I do because it's important for someone to say it." Freedom Ride Continued from page 3 rights. According to "American Freshman: National Norms for Fall 1990,"an annual survey conducted by the American Council on Education, 79% of first year college students believe that abortion should be legal. All students interested in participating in the Reproductive Freedom Ride should contact the New York headquarters of Students Organizing Students. A variety of internship opportunities are available across the country, including local site organizers, publicity coordinators, and fundraisers. Ms. Askowitz is a 1990 graduate of the University of Pennsylvania. Alisa Gilhooley, the project's media outreach coordinator, is a 1990 graduate of Cornell University. Advance interviews can be scheduled by calling Alisa Gilhooley or Andrea Askowitz at (212) 977-6710. �Diplomat Lectures on Universality of Human Rights nothing can be universal because'the concept of humanrights is founded ona human centered view of the world. Cultures and societies are very different and each individual in each society is unique. In response to this philosophical objection, Mr. Tharoor argued that it is simple to develop a philosophical objection to universality. The challenge to those concerned with human rights is to find "common denominators." The second objection to a universality of human rights asserts thatthe origin of human right's law is an "essentially Western concept," which ignores the realities ofthe Third World. In responding to this second objection, Dr. Tharoor pointed to the fact that developing countries, such as India, Chile, Cuba, and Lebanon "played an active and highly influential part in drafting the Universal Declaration." The ideas on humanrights that are expresed in the Declaration came from both developed and developing countries; many developing countries have recognized human rights in their own constitutions. A third objection asserts that Western foreign policy has led to fears of intervention in developing countries. While this may be true, Dr. Tharoor argued that this is no reason to ignore human rights. Furthermore, some authoritarian leaders of developing countries have cynically used fear of Western intervention in order to supress human rights in their countries. The fourth objection is ideological. Under this objection, "human rights are predicated upon an individualistic view of man as an autonomous being whose greatest need is to be free from interference by the state." This objection follows the Marxist view, which holds that society is more then the sum of the individual members. In rebutting the ideological objection, Dr. Tharoor asserted that this argument is "premised by Maria Schmit Managing Editor On March 19, Dr. Shashi Tharoor of the United Stations lectured on "The Universality of Human Rights and their Relevance to Developing Countries." Dr. Tharoor's presentation in O'Brian Hall was part a series of Human Rights Week evenft Dr. Tharoor has worked at the United Nations for over fourteen years. He worked for eleven years with the United Nation's High Commissioner for Refugeees, three of which he spent supervising the refugee operation of the "boat people"in Singapore. Since 1989, Dr. Tharoor has been working on peacekeeping with the Special Political Affairs at the United Nation's New York Headquarters. A scholar as well as a diplomat, Dr. Tharoor is also the author of Reasons of State, on Indian Foreign Policy, and The Great Indian Novel, which was just published this month. Dr. Tharoor opened his lecture by introducing the problem of human rights as a universal in "our pluri-cultural, multipolar world." While there are problems with the idea of any universality among "very different cultural, economic, and political realities,"today universality is often taken for granted. Until the second world war and the Nazi terrors, "how societies treated their own people was largely considered to be their own business," stated Tharoor. It was not until 1949that the Universal Declaration of Human Rights was adopted. The Declaration states that "all human beings are born free and equal in dignity and rights." Dr. Tharoor laid out nine objections to the universality of human rights. He then rebutted these objections. Thefirst objection is philosophical in nature. Under this objection, it is argued that on a false opposition between the primacy of the individual and the paramountcy of society." This distinction, Tharoorsaied, "is absurd because many of the civil and political rights protect groups while many social and economic rights protect individuals." Both ideological views must be accepted. The fifth objection is a cultural argument. In many non Western cultures, such as Hindu society, duties are considered much more important than rights. Dr. Tharoor responded that culture is not stagnant; it is evolving in every society. Human rights violations often take place under the guise of culture or tradition, but "culture" cannot excuse the mistreatment of blacks in South Africa, nor excuse the denial of the right of women in a developing country to vote or leave abusive husbands. Culture need not bean obstacle to human rights. As Dr. Tharoor asserted: 'There is no doubt that the interplay and interpretation of the globe's culture can only enrich our comprehension and implementation of human rights." The sixth objection is an ethnocentric argument. According to this argument, human rightsreflect "cultural bias." As an example, Dr. Tharoor suggested that the "right to a paid vacation (is) always good for a laugh in the sweatshops of the developing world." Some leaders of developing countries assert that they can not provide such 'rights.' While developing countries may not be able to give workers a paid vacation, Dr. Tharoor argued they can and must provide human rights. Human rights are very basic: the right to life, freedomfrom torture, the right "not to be enslaved, physically assaulted, arbitrarilyarrested, imprisoned or executed." Such rights transcend cultural boundaries. There is also a religious argument against the universality of human rights. This argument asserts that human rights can only be acceptable if founded on the transcendental. For example, underthe Islamic doctrine, one who has committed adultry can be stoned to death. Dr. Tharoor argued that religion poses no threat to human rights, yet it is often used as an excuse for human rights violations: "Menallow God to be blamed for their sins." Human rights are compatible with all faiths, said Dr. Tharoor. The eighth objection to a universality of rights is that the entire concept of human rights is elitist because these rights are often afforded only to select segments of the population. Human rights are void of meaning if they exclude minorities, aborigines, the poor and the uneducated. The fact that many individuals in society are denied basic human rights, Dr. Tharoor insisted, does notrenderhuman rights meaningless. It is easy to say that human rights are irrelevant because they are not afforded to all individuals what is difficult is — acknowledging that individuals are being denied basic rights, and acting accordingly. The last objection to the universality of human rights is economical: developing countries can not afford human rights. Under this argument, restricting human rights is viewed as the sacrifice of the few for the many. Dr. Tharoor, himself a citizen of a developing country, argued that this is simply hot the case. Not only can developing countries afford human rights, it is imperative that they do so. Many developing countries accept the premise of basic human rights; indeed, human rights were reaffirmed in the 1986 Declaration on the Rightto Develope. Additionally, several Third World constitutions ref erto human rights. Dr. Tharoor eloquently concluded that "Development implies dynamism; dynamism requires freedom; freedom can only be guaranteed by rights." SASU Essential for Defending Student Interests by Jim Monroe Photography Editor First year law student Scot Fisher said it best, "Any jackass can kick down a barn but it takes master carpenters to build one." We are now confronted, in this school, by a herd of jackasses. Student leaders from five campuses founded SASU in 1970 because they were disturbed by increasing costs of attending SUNY and lack of student control over policy decisions that concerned virtually every aspect of student life. They realized that the key to successfully confronting their common problems was to organize a unified statewide voice. SASU is a student membership organization. SASU delegates are elected by students at member campuses and these delegates determine SASU policy and elect a Board of Directors to implement these policies. SUNY/AB Law School is in the unique position of having an automatic seat on the Board of Directors by being the only graduate professional school currently a member. SASU also has four caucuses, the Womyn's Caucus, the People of Color Caucus, the Handicapped Students' Caucus, and the Gay/Lesbian/Bisexual Caucus. These groups keep tabs on SUNY policy that can positively and negatively affect theirneeds. SASU is a watchdog and an advocate for these traditionally disenfranchised groups. I know I've lost Hans Tirpak's vote at this 10 Tuesday ApriM 6; 1991 point but I'm hoping that some of the rest of you will agree that there is cause to be alarmed when handicapped students can't go the restrooms or use the computer labs at a state run school. Currently these caucusesare working on campaigns to overcome bias on the campus and pave the way for a multicultural university, to pressure lawmakers to fully fund the State and City Universities, tocreate an environment which is safe for women to live, workand enjoy themselves on campus, and to register students as voters. The SUNY Board of Trustees can easily disregard demands placed by individual campuses. A number of campuses working independently do not have the people or resources to effectively pressure for positive change. There are a large number of representatives in both houses of the legislature in Albany who continually work with SASU with regard to SUNY funding. Many of these have commended SASU on their work. SASU has helped overturn proposed tuition increases every year since 1984. This year they are fighting to keep the inevitable increase low. They are fighting to increase TAP awards and they have a record of success in doingthis over the past ten years. They are fighting against unfair, disproportionately levied user fees. Some idealogues have criticised SASU's approach to SUNY funding and SASU's use of the caucuses. SASU representatives have shown up at every S. B. A. meeting to address these peoples • Tne Opinion concerns. The main parties who have attacked SASU at these meetings were unaware that SUNY money is not based on tuition. SUNY money comes from the general state revenues and tuition is returned to that fund regardless of amount. SASU believes that the state must fulfill its obligation to provide affordable education to all the people of New Yorknot justthose who's parents can pick up the tab. Even for people who can afford to pay there own way SUNY must provide the best education for the least financial burden. Tax revenues collected by the state can serve no better purpose than to educate and prepare its citizens for a high quality and fulfilling life. The people who attack SASU so vociferously have not offered one minute oftheirtimetoeffectanypositivechanges within SASU. They've had the opportunity (in fact they've been invited to), to shape SASU policy as a member of the Board of Directors. They declined and instead opted for idealogically based attacks. SASU has responded regularly to all their concerns. They also say that SASU isineffective and then, when looking at fee increases, they criticise SASU for keeping tuition down. It can't be both ways if SASU is ineffective it can't be responsible for keeping tuition down. Some have said that SASU hasn't done enough to help S.B.A. with the concerns raised at the town meeting. SASU has, in fact, done a lot of inves- - tigating, networking, and advising on these issues. As I stated earlier, they've attended every single S.B.A. meeting and offered plenty of help and plenty of facts. The anti-SASU forces are not satisfied and they give vague reasons like, "I don't think they were there when we needed them." When pressed no one can really say what they wanted SASU to do. SASU provides the school with an organizer. It is the responsibility of the S.B.A. to figure out what they want the organizer to do. It is not the responsiblity of the organizer to create issues and answers and generate student interest in these homespun creations. So far Ardishir, the SASU organizerand Glenn, the VicePresident of SASU have responded quickly to our every request and demand. They have put in theirtime to answerour questions and help organize whatever we have asked them to. Let's not kick down the barn on the basis of vague assertions of incompetence. If SASU needs structuralrevision or new vision let's get a good law school rep on the Board and let her do our bidding. SASU is an essential element in defending the interests of all SUNY students. 370,000 people speaking their minds are only a cachophony. If we are organized and unified we will be heard. Last year the law school voted 144 to 30 to fund SASU for three years at $2.00 per student per semester. This year, the S.B.A. in its infinite wisdom has decided to rescind that vote and see how powerful the jackasses are. �I I Im What: When: Where: Lowdown: m■ V ■ SBA Elections Tuesday and Wednesday April In front of the law library Vote for Greg Olma V When: 16, 17 What: When: Where: Lowdown: Commencment Ticket Deadline Monday, April 15, 1991 Marie, Room 3068 This was your last chance to get tickets to see your longtime buddies . Now you'll have to visit the scalper. Who: Ralph Nader Tuesday, April 16, 1991 at 5:00 pm Room 106, O'Brian Hall Come hear the guru of consumer advocacy speak about current events! When: Where: Lowdown: What: When: Where: Lowdown: "The Question of Palestine" Tuesday April 16, 1991 at 5:00 p.m. Room 101, Baldy Hall Come hear the guru of consumer advocacy speak about current events! What: Phi Alpha Delta Law Fraternity Elections When: Where: Lowdown: What: Tuesday, April 16, at 5:00 p.m. Room 108, O'Brian Hall We have no one to run for Vice-Justice or Treasurer. Other positions include Please Justice, Clerk, and Marshalls. for and then run attend to be nominated the election. Due date for Graduate Assistant Appli cations When: Where: Friday, April 19, 1991 Turn in applications to Charmagne Alabi, Room 312 O'Brian Hall. What: When: Where: What: Final date to turn in SBA vouchers Monday, April 22, 1991 Brian Carso's mailbox. Due date for Graduate Assistant to the Graduate Group on Human Rights Law and Policy Wednesday, April 24, 1991 Room 408, O'Brian Hall. Applications are welcome from graduate students in all disciplines. When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: What: When: Where: Lowdown: What: Budge Rollover Requests. Monday April 22, 1991. Submit to Brian Carso's mailbox. You must explain why your group requires a rollover into next semester. Where: Lowdown: ™ ~—- Friday, April 26, 1991 at 10:00 a.m. Room 280, Park Hall A chance to assess the security of our State's colleges, and to explore possible approaches to make our campuses safer fo: women. 1991 What: International Fiesta When: Where: Lowdown: May 3, 1991 at 12 noon. Founders Plaza The Year of International Friendship wil! be celebrated with cultural displays, ethnic foods, music, and cultural dances from more than 25 countries. EARTH WEEK 1991!!!!! 4/17-Earthßally 4/21-Eco-Fests 4/17, 4/23, 4/24-Teach-ins 4/18, 4/25-Earth Saving Workshops More information to come! Sponsored by the Environmental Studies Group, and SA among others. LAW REVUE TALENT COMPETITION!!! Are you involved in a band? Did you ever try stand-up comedy? Can you play an instrument? Can you impersonate a professor? Can you play a Bach Fugue using only your toes and a 4 ft. rubber band? Do you have any talent whatsoever? ._ ALL PERFORMANCES, SKITS, IMPERSONATIONS, AND COMEDY ACTS ARE WELCOME!!! AS LONG AS THEY DON'T INVOLVE OBSCENITY. MARGARINE, OR ANY VIOLATIONS OF THE FACULTY STATEMENT (NOT NECESSARILY IN THAT ORDER). Sign up via Box #197 by Friday, April 26, or contact Hank Nowak or any other SBA director. (P.S. 3rd Years: This may be your last chance to make a fool out of yourselves. Don't miss it!) Federalist Continued from page 3 . the free exercise clause requires the government to respect legitimate religious beliefs. John Harrison, Deputy Assistant Attorney General ofthe Office of Legal Counsel, took the formalist approach in arguing that "Congress shall Celebration of Native American Heritage. make no law prohibiting the free April 24-April 27, 1991. exercise of" (religion) means that there Buffalo State College, 1300 Elmwood shallbe no legislation specifically aimed at restricting a particular religion. Avenue. Harrison claimed that to interpret othFor more information, call 878-4631. erwise would prevent numerous laws from being enacted due to an impact on religion. "Campus Safety for Women": A Public Hearing We returned to U.B. comforted Last SBA meeting of the year. Wednesday, April 24, 1991. First floor, O'Brian Hall. g 11 ■■ ■ V . ~ .. function of the Federalist Society is to foster debate, not stifle it; that the U.B. faculty as a whole makes many liberal law school faculty members appear to be conservative (making ourexperience here unique); that many students at U.B. Law School share at least one thing in common with former Justice Brennan and Justice Blackmun (i.e. morning exercises);that the U.B. Faculty Statement is nationally recognized (is that good or bad?); and that it was a relief to be able to express a conservative or libertarian idea withoutthe fear of adverse reaction .often encountered in U.B.'s.-"chilly" at- �P B ' I ■' ■ « I '" HI ■! 1 ■■ I ... ..... —.— - - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-04-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/16/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b96cbed00bc3e99230aafd72a686fbb3.pdf 2d71041328daff3ab2c5895984b479d2 PDF Text Text Elvis Rejoyces: "I beat the IRS!!!" by Maria L. Germani Editor-in-Chief Last week, a federal judge in Houston awarded $10.9 million to Elvis, the King of Rock and Roll, in a case against the Internal Revenue Service. The award is the culmination of a suit brought by The King ten years ago claiming the IRS destroyed his career when it issued a press release about his purported deathby drug overdose. Elvis' claim stems from a plea bargain he made withfederal authorities two years earlierwhich settled a $6,000 tax evasion case. A federal prosecutor promised to keep the plea bargain secret, but the IRS reneged on its promise and disclosed Elvis" tax evasion and plea bargain to the public. The same press release erroneously trumpeted "ELVIS IS DEAD" which, Elvis alleged, effectively ended his career. "I couldn't get a gig anywhere, Baby," testified Elvis at trial. "My agent would spend hours on the phone with promoters-to no avail. All I could get were jailhouse rock concerts, Baby." Reached at Graceland, in a telephone conversation The King expressed his thanks to the American public for being vociferous about their encounters with him. Witnesses testifying on Eh/is' behalf gave detailed accounts of theircitings of The King at such unlikely places as a Fayva shoe store in Tennessee, as well as a Super8 Motel. On directexamination admitted by the court was his personal collection of over 4,000,000 clippings of reports of Elvis encounters since the IRS issued the press release, gathered from nationally recognized publications ike The Gbbeavti The National Enquirer The King and his attorney, Kenneth Joyce outside theFederal Courthouse in Houston The King confirmed these citings; 'Yes, that was me, Baby. Fayva carries the best blue suede shoes, and I distinctly remember staying at the Super 8 Motel, because there were no vacancies at the Heartbreak Hotel, Baby." Additional evidenceof EMs existence , The King also expressed his appreciation and thanks to his attorney Ken Joyce. Ken Joyce, a professor here at the State University of New York at Buffalo School of Law, represented Elvis from the inception ofthe law suit. Filed back in 1980,one year after the IRS issued the press release, the life of the law suit was curiously and inexplicably influenced by American pop culture. Prof. Joyce realized this phenomenon and planned his strategy accordingly. While the news clippings and testimonies of fans at trial were persuasive, the proliferation of Elvis clones since the report of his alleged death called for evidence that could not be controverted. "We didtheright dance," commented Prof. Joyce. "I recommended to my client that he stick withthe pelvic gyrationsthat made himfamous. Disco was pretty much dead by the time we filed the case, so it never posed a problem. But that lambada outbreak a little over a year ago almost did us in." Prof. Joyce's strategy was successful: the award is one of the highest that the IRS has ever had to pay, and is partly tax free as well. Officials at the Internal Revenue Service declined to comment on the judgment, but a federal government employee who worked closely on the case and wished to remain anonymous, revealed the agency's disappointment in the outcome. The IRS agent commented, "He ain't nothin' but a hound dog." THE ONION April 16,1991 Law Professor Arrested —Suspected Head of Kiddie Crime Ring by Micky Gorillawitz Staff Reporter The FBI has arrested UB law professor Charles Ewing on charges that he is the secret mastermind behind an international network ot child pickpockets. Professor Ewing, who teaches criminal law at ÜB, is the author of Kids Who Kill. Kids Who Kill Too Much. Kids Who Kill Too Much and the Kids Who Kill Them, and Kids Who Kill the Kids Who Kill the Kids Who Kill Too Much. He was working on the screenplay for the sequel to the hit movie "Kindergarten Kop" at the time of his arrest. According to FBI Special Agent Dale Cooper, Ewingran his vast criminal empire from a secluded office on the seventh floor of O'Brian Hall on the UB North Campus. School officials testified that they had offered Ewing a spacious office on the fifth floor of the law school, adjacent to many other professors' offices, but Ewing had requested the seventh floor office. "He said it reminded him of the mountains in which he grew up," said an official who wished to remain anonymous. The FBI now believes that Ewing chose the seventh, and uppermost, floor of the law school so that he would be better able to service the radar dish and satellite system he had secretly installed on the building's roof. The FBI described a vast conspiracy in which Professor Ewing commanded a system of "lieutenants" arou nd the world. Apparently, the "lieutenants" went by a variety of aliases, including Dirt, Slime, Crud, Earwax, Scum and Filth. Interpol agents who were investigating the crime ring intercepted messages from Dirt to a mysterious "Q" in Buffalo. The FBI first suspected Ewing whenit obtained copies of hisfinalexams: 'The supposedly fictitious scenarios in his exams bore a striking resemblance to actual criminal events overseas," said Agent Cooper. Under Ewing's direction, the "lieutenants" were instructed to entice homeless waifs with promises of candy. Once under their control, the children were instructed in a variety of pickpocket techniques. Agent Cooper described one such technique: "The first child would approach an old man with a very long beard, grab him by the beard, and run around in a circle. While the man was distracted, a second child would approach him and pick his pockets, then both ofthe children would run off." The children hid the stolen items beneath their stovepipe hats and in the pockets of their nickers until such time as the items could be conveyed to Ewing. When police raided Ewing's home early yesterday morning, theyfound a vast cache of pocketwatches, silk handkerchiefs, and snuff boxes. While the evidence is still circumstantial, it is believed that Professor Notorious criminal mastermind Charles Ewing being subdued by the police Ewing was also involved in the criminal activities of the "Different Strokes" gang in Hollywood, and was planning to infil- trate the cast of "Doogie Howser" at the time of his arrest. USC Changes School Mascot to Weasel by Maria Schmit In honor of their new University President, Steven Sample, the University of Southern California has changed the University mascot to a weasel. The student body voted unanimously on the new mascot. The USC student president stated: 'The voting response was just overwhelming." Leaders of the "Weasel Campaign" claim the idea was original; however, the UB National Lawyer's Guild is claiming USC stole the idea from the Law School Anthem entitled "Steven Sample is a Weasel," which describes Sample as a bigot and criticizes him for allowing employers who discriminate to recruit on campus. "Why don't they think of another name. If they like the idea of a small carnivorous mammal with evasive skills, there are others to choose from," voiced an angry Guilder. TheNLG is looking into copyright infringement and said legal action is being seriously considered. At the same time, however, David Lynch is claiming that the new mascot was copied from Twin Peaks' "Save the Pine Weasel" Campaign. Tuesday, April 16,1991 • The Onion 1 �Dean Filvaroff Retires to Farm in Vermont Schlegel? Follows Dean to Vermont Dean Dave takes a break from playing chicken with John Henry Schlegel? in order to work on his tan. Our intrepid photographer snapped this one just as old Mr. Wind caught Dave's hat. The Dean says, "It's miles to the nearest convenience store out here, so I've taken to smoking corn silk. With all the hard work and fresh air, I've managed to cut down to a row of corna day." Although we travelled a long way to see him, our interview was cut short when it was time for Dave and John to slop the Greiners. "After I found out contracts was dead I asked the Dean where he was headed. When he said 'Vermont', I justpacked up my bags and we hitch-hiked up here together. I love it. I always wanted to lead a flock and these little guys do just about everything I tell them. I've only had to report two to the character and fitness committee since I got here." Lawsuit Filed Against City & State Officials by Gary Ketcham City and State officials are reeling today from a series of massive lawsuits filed yesterday in New York State Supreme Court. The complaints, filed by an Amherst groundhog family, alleges fortyseven acts of invasion of privacy, and harrassment. Additional allegations include, libel and fraud, trespass, slander, nuisance and battery. Mayor Griffin was specifically named in a separate action, alleging invasion of privacy and claiming $17,000 in property damage. The Buffalo News and the Opinion were also named in two separate actions for invasion of privacy and libel. The suits caught city authorities by surprise, but one state official told the Opinion that she's seen this coming for some time now. "Every year, about this time, that same family has threatened to sue," said Sue Wrongly, the Chief Defense Counselforthe State. "Wefigured this would finally be the year, because it's been such a peculiar winter," Wrongly told a flurry of reporters outside the courthouse yesterday. The suits total more than $4 million in claims and could get much higher according to Alan Freeman, the attorney representing the Amherst family. "Every yearthey'resubjectedtothesame abuses people just come traipsing into their home, waking them up at an ungodly hour, asking questions aboutthe weather, tracking mud all over their house, and they just decided that they were fed up with it," Freeman told one reporter. The family could not be reached for comment, buta telephone recording informed callers that they would not be available for comments until late spring. According to a Parks Department offi- . B^imMonronnoWchoefwjrwt^Stoinjenids 10. Bake sales for improved militaryhardware always a culinary delight. 95. Spiffy suits worn ai debates provide fashion role models. 9. Norbert'sarticles always help swellthe ranks ofthe progressive groups. cial, theaction against M ayor Griffin stems from an incident about a year and a half ago in which Griffin is alleged to have buried aboat motor sixfeet intheground, accidentally tearing out three bedrooms and a bathroom in the Amherst family's home. The suit against the Buffalo News alleges that on four occasions between February first and fifth, news reporters broke into their home, rifled through their offices and absconded with unspecified documents. Two days later, an article appeared in the evening edition that attributed certain weather prognostications to the groundhog family statements which the family claims they never made. Freeman showed reporters excerptsfrom the Amherst family's official written statement, whichthey made prior to their return to seclusion. "We're tired of being molested and misrepresented everyyear, just so somefool can fantasize about the sun-baked summer months," the statement read. "Look around. How many groundhog weathermen or meteorolo- . 8.5. large bodies makethem easy to spot and avoid. 8. Love listening to Bill tel abouthis experiences os 'the understudy" for Kathleen Bates in Misery. 75. Federalist Papers bring aMe bit of Dartmouth to Buffalo. 7. Gives Hans a place to sit down after he hashod one of his 'spelts." 65. Andrew's interest in the presence of my penis makes me feel less alone in the world. 6. It's fun trying to guess which one Bush will appoint to dieFederal Judiciary immediately upon graduation. 55. It's fun trying to figure out which one will end up randomly sniping pedestrians with a high-powered rifle. 5. Logical flowof their arguments eliminates need for expensive mind-altering drugs. 4.5. They're dogmaticabouttheir dogma. 4. Help buttress evolutionary theory that humansevolved from apes. 35. Seeing such o tight-knit group of vibrant young white males always makes our thoughts turn to springtime. 3. Brian's letters to this paper provide incentive to get off the can and proceed with day's business. 2.5. Belief that leftists actually use term "politically correct" in a serious manner always good for a chuckle. 2. Lawsuits, lawsuits, lawsuits! 1.5. If you wear mirrored sunglasses and look into group mascot Drew's eyes, you'll see infinity. 1. Love the bizarre outfits they wear on Gay Jeans Day. Wagon Hound and Pawlsgraf were good puppies. But their methods of thinkingwere slightlybarkworthy. Wagon Hound was not very directorindirect with the other puppies in the neighborhood. She was sometimes like a billiard ball, , bouncing around to Pawlemis house and then on to some others, in the hopes of forming an uninterrupted chain of puppies. But Barkoo, the grumpy dog that lived in the neighborhood did not wantthistocomeabout. You see, Barkoo had a real identity crisis because she was neither a pup nor a grown up dog. So wanting to disruptthe uniform chain of events, Barkoo decided to label herself a supervening cause. This annoyed the puppies in the neighborhood who felt that if something were to go wrong, Barkoo would be responsible because she had disrupted the chain of normalcy. But this was shortlived because before long, Barkoo gave birth to a beautiful puppy. Wanting this puppy to take after Wagon Hound, Barkoo decided to call Tuesday Adml 16. 1991 • The Onion The press falsely attributes predictions to us, they fail to materilize, and we get blamed forincompetence,"the statement concluded. According to the statement, more than 14 groundhog meteorologists have lost their jobs in the last four years, state wide, due to inaccurate predictions falsely attributed to them by the press. A Buffalo News spokesman admitted there had been some communication problems in the past, but insisted that reporters try to 'dig up' all thefacts before a story goes to press. The groundhog family said, "that'sthe whole problem. Theirdoingall their 'diggin' on our property." According to Wrongly, the state will argue that the groundhogs have no standing to sue, and the government is beyond reach due to state immunity provisions. Furthermore, she said,they (the groundhogs) are illegal aliens who never registered at the immigration office, nor have they paid taxes since 1980 when Bucky Digger (listed as head of house- CONTINUED ON ONION PG. 4 A Tale of Two Puppies by Srikant Ramaswami 2 gists have you ever seen. None. That's because we've been used as scapegoats. herbaby Wagon Hound 2. Wagon Hound 2 was a rebel and unlike the person for whom she was named, believed that instead of forming this uninterrupted chain, itwas important to have one or two friends like Pawlemis. Pawlsgraf, a hound of impressive intellectual capacities, sensed this for he was an expert in forseeability. But like Wagon Hound 1, Pawlsgraf believed in limiting the number of puppies he wanted to associate with. So Pawlsgraf and Wagon Hound 2 had a falling out. Today, Pawlsgraf, Barkoo, Wagon Hound 1 and 2, have gathered to assess the proximate cause of this hostility. They attacked Muttsoo, the town counsel, for advice. Muttsoo, realizing this was a proximate cause problem did what any wise lawyer would do. He wished them luck in their endeavors. GIVE UP �ScissorHans Slashes Student Groups Formerly an exile in his own land, Edward ScissorHans has become the man to whom special interest groups must appeal matters offunding duringthe present fiscal crisis. Through a strange twist of fate, a twist some insist was provided by the ghost of Marquis de Sade possessing Dean Filvaroff, ScissorHans will wield unfettered power in the dispersion of public funds. Contacted in his newly reinforced office somewhere in the bowels of O'Brian Hall Mr. ScissorHans openly discussed the problems of quota, affirmative action and his plansforthe future. "I have been following student groupfunding for quite some time. The Dean has given me a mandate, certainly one representative of influential white males, to exercise thatability which comes naturally ot me. To whit, the circumspection indispensable to piercing the veil of that unholy rubric known as special interest." Wearing his new mantle with aplomb Mr. ScissorHans briefly interrupted the interview to handle momentous administrative duties including the eviction of each student group from theirrespective offices of O'Brian Hall. "Their aims are redundant - helping the poor and oppressed. This is an austerity budget, meaning somebody has to be living on the edge of poverty in orderforthe budget to work. Wanting to help those who are needy defeats the grand scheme of an austerity budget. What are these people thinking? Besides, I can rule with impunity." Given the nature of groups in the law school with their penchant for petty in-fighting and finger pointing it is a breath of fresh air to have Mr. ScissorHans available for a final solution. In a statement given on assurance of anonymity Mr. James Monroe said "never before has there been a mechanism as clear cut and forward ds Mr. ScissorHans. Except, maybe the guillotine." The Deadline for the next issue of The Onion is February 31, 1992 Famous Srf Legal Greiner Named President of UB Newlyappointed University of Buffalo President William Greiner shown here making the deal for his appointment as president of the University. Students, faculty and staff can rest assured that the same incestuous power relationships will remain in place throughout the university and that students will be the lowest in the pecking order in any decision making process. Professor broadens symbolic representation Associate Dean and Professor of Law John Henry Schlegel! has decided to show his varying moods by changing the symbol at the end of his name. Secretly experimenting with this step for years, Schlegel! has finally emerged from his closet to share the liberating experience of adding a punctuation mark to the end of one's name. I asked him why he did it. "You can't imagine the power you have by adding one simple stroke of a pen. And don't shout my name. The exclamation point is silent," he responded. Hisfirst movewas to try the@ signbut itreminded himtoo much of butchered flesh, a vision he is very familiar with but would rather not equate with his own name. "You see so many signs like 'chopped liver' @ 1.99 per pound" that to put it on the end of your own name really is tacky." The second symbol that failed was the © but he was immediately warned off that by legal minds familiar with contract law. 'They said that itonly followedrecognizable names of substance. I really don't understand the whole process." The £ symbol was felt to be to suggestive of innuendo and violence while the A was too close a measurement of his compassion to be added to the end of his name. "I do send out bills signed Schlegels, with the second notice getting a Schlegels!. The third notice is Schlegel#ss!!*o!" Showing remarkable flexibility Schlegel!, as he is known to his.friends, as "man of infinite simple power." Perhaps they meant 'symbolic' but they disappeared before the Ouija board could conjure them again. In the future Schlegel! hopes to add a ~ to the end of his name to show a reaching out the ethnic groups out there. Inside sources say that the Japanese will eventually win out and the future signature is Schlegel¥. Whether he will stay bought is another matter. ~f - ;, / t,,. <'- EC RilTTff l#AlI ILK 9 Tuesday, April 16,1991 • The Onion 3 �Holy Cow! by Maria Schmit A number of students in Professor Wade Newhouse's Law and Public Education Seminar are voicing concerns regarding the mandatory prayer and pledge at the beginning of each class. It all started a few years back when Professor Newhouse led his class in a moment of silence. This moment of silence is now preceded by a short prayerthat mentions "ourcreator." The pledge, however, was not added to his opening ceremonies until this semester. Asked why the pledge was added, Professor Newhouse, in his South Buffalo accent, exclaimed: "You know, to show support for the war and our boys. It's patriotic." When asked if he also supported the women in the Gulf, Newhouse stated: "Oh okay, and the gals too, but their place is at home with the kids." Some students are outraged that this is allowed to take place in a state university. Tara Flynn has continuously objected. "This is ridiculous, it's a public university. I'm insulted each and every time that I am forced to comply," Ms. Flynn stated. She has asked permission to be excused from the room duringthis time, but ProfessorNewhouse School Prayer Comes to UB! has flatly refused. Other students have voiced similar concerns. Another student, who asked not be identified, is offended by being told what to do; and is also upset that the prayer and pledge extend the length of the seminar. The Wednesday seminar which starts at 7 p.m. issupposedtogetoutby9:3op.m., but because of the opening services, the students are often not dismissed until 10:15p.m. "It's the longest seminar I ever attended," alleged an unidentified student. Not everyone, however, objects to prayer and the pledge in the classroom. John Licata supports Professor Newhouse. "I like it. It's the return to good American values," Licata expressed. Mr. Licaia is forming a group, with the help of the Federalists, to advocate a mandatory pledge before each class. "Eventually we would like to have loudspeakers installed in all the classrooms, and the Dean would say the pledge over the loudspeaker," Licata added with a burst of enthusiasm. Students for Constitutional Concerns have expressed opposition to such a plan. When asked how he got the idea for the prayer and the pledge, Professor Newhouse stated: "I guess it all started when I was teaching at a Jesuit law school." He added: "Now I'm Loyal Newhouse follower submitting to Professor's ritual of praying to the flag. at a public university, but I teach Education Law. The purpose of education is to instill good values in students. As far as I am concerned this is what education is all about. I have to teach that group of agnostics something." In response to being asked whether this mandatory prayer and pledge were constitutional, Newhouse stated: "I have tenure. "I'll do as I please." In closing, the noted professor of Constitutional Law stated bluntly: "As far as lam concerned, students shed their constitutional rights at the school door." McPherson Announces Fashion Line Darryl McPherson, longknown as the Man in Black on SUNY-Buffalo campus, announced the launching of his own clothing line to coincide with the UB Law commencement ceremonies. Using the collection of students, professors, administrators and famillies as a natural paparazzi jamboree Darryl expressed the hope that his contribution to the fashionworldwill receive the recognition it deserves. The reason for the use of a graduation event as a vehicle for his fashion show was explained by Darryl as the most "obvious collection of monochromatic outfits since the Johnny Cash meets Roy Orbison sing along." In a short statement Darryl outlined the goals of his new project. "He has a vision of a single pigment clothing world. Where people don't have to worryabout changing clothing between work,formal functions and funerals. He sees the pinnacle of the fashion world as being perpetually prepared for a State funeral followed by an evening of dancing at the Icon." (referring to the artsy nightclub where patrons are devoted to wearing black). Speaking in the third person voice Darryl confused the press who waited another twenty minutes for the real Darryl to arrive. None was forthcoming and Darryl asserted himself once more. "He is here, he is speaking to you now." This statement convinced some reporters that Darryl was a fundamentalist preacher having areligious revelation. Questions about cheap hotels, misspent funds, and the phrase "In God we Tryst" were immediately hurled at the podium. Security was brought in to quell the news hungry journalists. However, not versed in Darryl's rhetoric, the guards muddled about while Darryl shouted "protect him, protect him." The debacle ended in a stampede when it was announced that Steinfeld's Corporation's class was accepting registrants for the next ten minutes. Mr. Darryl McPherson's clothing swath for color coordinating outfits Groundhogs Continued from page 3 hold) paid 27 cents in taxes. "We're going to check into theirtax records very carefully. It may turn out that they owe two to three dollars in back taxes," Wrongly told The Opinion in a private interview. "What with late fees and penalties, we may be able to confiscate their entire house." Freeman would not comment on the tax allegations until he had time to study the matter, but he told one reporter, "The sate's just trying to anthromorphize this case so they can retaliate against this family. Thefact is," Freeman said, "they (the state) dug a hole they can't get out of and now they're trying to make a mountain out of a groundhog hill. That's tunnel vision if you ask me." Freeman told the Opinion, "And I'm not going to take their 'standing' argument lying down. And the immunity issue is moot because the records indicate the State nevergotitstetanus shotsatthe required intervals, as the law mandates. Furthermore," Freeman said, "Every dog is entitled to one bite, and these guys (the 4 Tuesday April 16,1991 • The Onion groundhogs) haven't had theirs yet." Meanwhile, environmental groups are rallying behind the groundhog community with protests and legal aid fundraising. Said one protester: If the state tries to confiscate their homes, it is going tocast a long, darkshadow on the image of this community. Many generations of groundhogs have lived in that home, dating back to 1776. Before that, they helped the Indians cultivate the land for their crops. In all of those years, notoneincidentwaseverrepo rt ed about a groundhog causing a disturbance, pillaging food from gardens or trespassing. They've been good neighbors and now the city and county are giving them 'the shaft.' Spokesmen for the Civil Liberties Union said "legally, under the Constitution, the city may be able to dowhatever it wants because these little critters have no legally cognizable rights." One expert predictedthatthegroundhog community would be lucky if the State did not round all of them up and stick them in an internment camp for future use as medical research subjects, or for shipment to a dogfood processing center. Said one anonymous official, "People don't like rodents. They are low life vermen that should be eradicatedfrom the community." Professor Joyce, a UB tax law specialist, told the Opinion that newly enacted New York tax legislation on default penalties did contain a special provision which specifically entitles the State to grind all groundhog tax evaders into fertilizer upon conviction. Joyce told one reporter he knew of no cases where a groundhog was charged under the statute; "but," he said, "this hasn't lowered the conviction rate under the statute. Due process," Joyce said, "in the groundhog context, directlyrefers to the fertilizer manufacturing 'process,' and is so defined in the statute." Asked to comment on this statute, Rocky Burrows told one reporter, "We have never hurt anyone. We are peaceful vegetarians who raise families and till the soil. Why can't humans learn to coexist? Why must they always conquer, expropriate, 'rape, pillage and plunder,' the countryside?" Mayor Griffin bristled when this statement was relayed by a reporter. Griffin said, "Pillage... yes; Plunder... why of how crude!" course; but 'rape?' Griffin told the Opinion, 'The thought that a human ever has or ever would 'rape a groundhog is totally repugnant, as well as ludicrous." He stated that he knew of only ten reports, i n the last year, of human sexual abuse of groundhogs, "and those were minor molestation cases ...NOTRAPE." Griffin saidthe groundhogs' claims were "full of holes," while predicting the claims would be dismissed with prejudice. Freeman acknowledged that if the claims were dismissed, without question, it would be with a great deal of "prejudice." The case is slated for trial May 2. , .. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1991-04-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 31 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/16/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/90b899a34c410cf70d23df078231d11f.pdf f8959d0208f944eb03ef5186fca49060 PDF Text Text TO HE PINION , "Window of Opportunity for Gay & Lesbian Rights Volume 31, No.ll STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW by Andrea Sammarco News Editor "AH fags must die,painfully and slowly." This graffitti, scrawled over an LGLSO announcement, was one of the first messages to greet Paula Ettelbrick, National Director of Lambda Legal Defense and Education Fund, during her visit to Buffalo last Tuesday night. Ms. Ettelbrick was here to speak on the rights of lesbian and gay families and social change. Her trip was sponsored primarily by the Lesbian & Gay Law Students Organization, the National Lawyer's Guild, BPILP, and the Mitchell Lecture Fund. Approximately 140people from the school and the Buffalo community came out to listen to her experiences in public interest law. Ms. Ettelbrick began her presentation with an overview of the many problems gays and lesbians have faced and still deal with in contemporary American society. Pointing out that "sodomy laws form the cornerstone of discrimination in this country", she gave as evidence of this thefact that 22 states still have such laws on their books. "The strategy to survive in this country (by hiding one's homosexuality) is exactly the opposite of the strategy to change society (by speaking out)." Referring to the time of the Stonewall Riots in 1969, she la- merited the fact that at that time it was illegal for lesbians or gay men to meet together in public. Ms. Ettelbrick spent some time illustrating her point with references to specific incidents of intolerence which have come to the attention of her office. Despite suchdepressing speculations, Ms. Ettelbrick's speech provided an optimistic perspective of the future of the gay and lesbian civil rights movement, focusing primarily on the rapidly changing status of this group. There was no precursor to the gay rights movement as there were to other civil rights movements, such as the abolitionists or the suffragettes of previous eras. In this light, the rapid advances of the gay and lesbian movements are astounding, according to Ms. Ettelbrick. She emphasized that "Now is the window of opportunity" for gays and lesbians to press their case with the American public. Victories such as Mayor Dinkens' appointment of several gay and lesbian judges to the bench, the repeal of an immigration regulation forebidding gays and lesbians from entering the U.S., and the numerous federal court rulings that do not permit sexual orientation as a basis for denying child custody, bolster Ms. Ettelbrick's faith in the future for gays and lesbians. 'The loss-victory ratio used to be 10 to 1," she said, "but now it's about Ito 1. March 5,1991 Paula Ettelbrick and Terry Mayo, President of LGLSO This is a hopeful sign." Focusing on legal issues, Ms. Ettelbrick emphasized that public interest lawyers are not the only sources of beneficial political change in the profession today. Private law firms often have much greater resources to bring a precedent setting case before a judge, and to push that case on appeal. Legislative aids may provide a pathway for interest groups toaccess governmental representatives, andean influence those they serve. Lawyers must work to "figure out how to break down judges' ste- reotypes, especially in the federal courts," she said. Lambda Legal Defense and Education Fund works nationally through test-case litigation and public education to defend and extend the rights of lesbians and gay men. Lambda is the largest and oldest national gay and lesbian group in the country. One-third of its work consists doing AIDS public policy work, and Lambda filed the very first AIDS discrimination case in 1983. Two-thirds of its work focuses on combatting sexual orientation discrimination. Professors Seek Enforcement of TRO by Maria Schmit Managing Editor University at Buffalo Law Professors Lucinda Finley and Isabel Marcus, along with co-counsel Mr. Glenn Murray, an attorney in private practice, are currently representing the Pro-Choice Network of Western New York in a federal district court suit against an anti-abortion activistfrom Project Rescue. The trial began Wednesday February 6 in front ofJudge Arcara. Mr. James Duane, a private attorney, is representing Project Rescue. The Pro-Choice Network is seeking Professor Isabel Marcus to have Project Rescue member Nancy Walker fined for violating a temporary restraining order which Judge Arcara issued on September 27, 1990. On at least three occasions she has violated Judge Acrara's temporary restraining order requiring her to stay at least fifteen feet away from clinic entrances, and preventing her from discussing abortion with patients uninterested in talking about it or listening to her talk about it. Mrs. Walker is described by the Pro-Choice Network as a "ringleader" ofanti-abortion demonstrations, and has been arrested 15 times over the past four years for such activity. Her activities include blocking entrances of clin- Professor Lucinda Finley ics, screamming at patients, and voicing inaccurate information, such as telling women that if they have an abortion they will never be able to have a child. At the contempt hearing, Pro-Choice Network witnesses spoke of their experiences trying to enterthe clinics: some were videotaped and had their automobile license plates videotaped by Project Rescue demonstrators, others were screamed at even after asking the protestors to stop. Several spoke of women being driven to tears by the actions of Mrs. Walker and her companions. One witness testified that Mrs. Walker continued to harass her even after being told that the abortion was being sought for medical purposes. For her part, Mrs. Walker has denied any wrongdoing and stated that she was exercising her First amendment rights in acting as a "sidewalk counselor." She has stated her intentions to continue confronting women seeking abortions. Mrs. Walker's contempt hearing has now finished. Both sides are now waiting for the trial transcripts, which should be ready by March 7. Attorneys for the Pro-Choice Network and Project Rescue will then write briefs to be heard on April 19. In the mean time their will be an interim hearing for a preliminary injunctionon March 6. While awaiting the ruling, the Pro-Choice Network may file suit underthe temporary restraing order for any violations Locally, the largest fine ever imposed against anti-abortion activists to date has been just over one hundred dollars, forlesser offenses than those attributed to the defendant. Mrs. Walker has violated a federal court order; such violation usually carries a heavy fine. Though Mrs. Walker has stated that she will continue such demonstrations, since the contempt hearing she has been quiet. Second Suit The Pro-Choice Network has also filed suit against Project Rescue members Bonnie Behn and Carla Rainero for violation of their temporary restraining orders; each faces a possible fine of $10,000 Their contempt hearing has not yet been scheduled. Pro-Choice Network may also file additional contempt charges against others in violation of their TRO's. CONTINUED ON PG. 6 HIGHLIGHTS Tibetan Monk Recalls Hardships pg. 3 Battle of the Butchers....pg. 5 Twenty Years Ago Today. pg. 9 Jessup Team Takes Awards? pg. 9 Tuesday, March 5,1991 • The Opinion ' 1 �I —— /IB £B i J.J Should I apply the Common Law Rule or the Majority Rule on the Multistate Exam? I H^h9b I^^Hfl \jj Is an offer good upon mailing |989|8 or receipt (Mail Box Rule)? KSS^SS r—-i MHATYfT i* ■5558 Can you be convicted of arson if you burn down your own house? i BAR BRS's Q& A Clinic™ utilizes more than 35 attorneys, available , to answer any questions and work with you, 7am-midnight, seven days a week during bar exam preparation. BAR REVIEW The Nation's largest and most personalized bar review ■ BAR REVIEW ■B?B?B BHftfl ■ J?W?I I V?H?I Ijjj^JlUl HHHH I^^H^Sl B^ESSS HSRI ■JHEBSHHI lfll-594-1#95 914-684-0807 SI6-542-1010 6H-695-9955 101-691-1361 901-794-3910 I �Monk Recalls Experiences and Hardships in Tibet by Srikant Ramaswaml Martin Luther King Jr. once said that "the true test of a man is not where he stands in time of comfort and convenience, but where he stands in times of challenge and controversy." No other statement could have summed up the way I felt about Lobsang Jinpa when he addressed the students at Buffalo. Never before has a man been so praised and so reviled so much discussed, so little - understood. Lobsang Jinpa is a Tibetan monk who escaped from Tibet in 1987. He is currently in the United States to accept the human rights award that is sponsored by the Reebok Foundation. Having addressed many audiences during his trip, students at Buffalo were privileged to hear of his experiences and hardships in Tibet. And when Lobsang talked, Buffak> listened. Lobsang stated that the Tibetans as a people have suffered for years underthe domination of the repressive Chinese Government. They have been denied their rights to independence, and the dominantChinese influence in the region threatens their very existence. The practice of Budhism in the region is stymied, and the last remaining monasteries are under threat of destruction, symbolizing the death of a rich and ancient culture. According to Lobsang, all the Tibetans have wanted isfreedom from China. But as the Tibetans have come to learn, "freedom is never voluntarily given by the oppressor. It must be demanded by the oppressed." And so Lobsang and his valiant people strive hard to free Tibet from the claws of Chinese domination. The results of this have been far from successful. Lobsang spoke with zeal and confidence. He spoke about the personal brutality that he had suffered as a result of resisting the Chinese Government. He spoke about the methods of torture, ranging fromlying on blocks of ice till skin peeled off your body to outright blows that left you witha sense ofhopelessness. Yet, this young monk has been a source of inspiration to many, proving that sometimes it is important to stand unflinchingly for your cause. Lobsang, now residing in Dharmsala, India, also mentioned that during his life he had thought about committing suicide. The Chinese Government had killed his mother in response to certain things he had said about them; his religionthat stressedahimsa ornon-violence hadbeen virtually obliterated; the young in Tibet had lost their sense of cultural identity through Chinese influence. Lobsang cried too, mentioning his ill health on account of being repeatedly beaten. It was a sorry sight. I left Lobsangs talk with mixed emotions. Emotions that filled my mental smorgasbord from sheer pride and courage, to depression and pessimism. The future for Tibet I thought was not a rosy one. But I learned a lesson in courageand humilityfroma young twentyfour-year-old. A young man who could have been enjoying life like the rest of us, free from commitments and obligations. But hiscountrycalled, andLobsang chose to respond, so that in the future Tibet may know how itfeels to be free again. February 15,1991 To: Law School Administrators considering the Computer Lab Opportunity I am goingto ask First & Second YearDirectors to make announcements in Legal Professors classes arxi Eviderce & Famiy Uiw Oasses 1) have ever used the Mac Lab for anything in Bakjy 2) have ever used any Computer Lab on Campus 3) have their own computer but no printer 4) have their own computer and letter qualityprinter 5) would use a Computer Lab if offered by the Law School I have* talked with key people in SBA, The OPINION, Law Review, BASA, and some first and second year students I found in the Mac Lab tonight— Everyone who does not own a computer, thinks it's a great idea. Everyone who owns a computer thinks I's a bad idea. Students who have invested the money for their own computer systems do not wantto be required to pay forsomething they wSI neverorrarely use. Having access to 3LASERJET and 6 imagewriter(Near Letter Quality) printers is a convenience that even computer owners wouldand could use. Also Students could start on things at home and bring themto school the next day to complete. (Those with PC/MS DOS formats can go to a Computer Lab in SEL toconvert it to the MAC format and then convert itback if they wish and the Law Review is considering getting a system to convert too.) Over time, particularly if students were paying for it, even current computer owners would find reasons and opportunityto use computers in the Lab in addition to their ones at home But the gut reaction by computer owners is that they don't wantto pay. Why can! the computers be divided up among student groupsand in the AY Department for general studentuse? Most law students belongto at least one student group and then would have access to a machine. The printers could be in the AY Department, SBA Office, Opinion Office(LASER) and image writers divided around various student groups? This way, SBAfunds allocated to the different student groups would go toward paper and ribbons, surge protectors, repairs and maintenance. jf all the other Computer Labs are going to charge fees to student users, then once While I'd like to see the Lab, if students object to the computer fee, I donl see it working, studentsrealizedtherewasnootherway.andthat atteastthisLab would beexdusivehfor Law Stuclents, then maybe the/dacx»pti Many studertscan not affordto purchase and this then places them at a real hardship for preparing papers, case notes, mooicourt competitions, etc. The seminars often require shortpapers in addition to a main paper. As long as typed papers are being required those with computers will have quite ar-acVantage. Persons currently on Law Review have an advantage with Lexis, Westlaw, Computers, printers, their own Law Review volumes, etc. Not everyone can join thisexclusive cluband the Mac Lab has been 'the equalizer, the means to effectively compete. If you donl want to doa referendum, then what do you want us to do? iy sayabout 35% ofthe entire student body own their own computers. Will the other 65% have to do without computeraccess because the wealthiest students donl want to pay $5Ca semester for the rest of us to have something!? Should this year's graduating Third Years be consulted? Since they wonl be around to haveany charges put on theirbill—and won"»have to sufferthe toss of computer access, I say they shouldn't be consulted in this decision and that only current first and second year and December '91 graduating Third Year should have input. Everyone I've talked to Ike the 7daysaweek,ncorv midnight, holiday, vacation freaks, ete.hUw School buikinQ access, a computer that I've talked to, feel that $25.00/ semester, $50/year (including summer months) is worth it. Could we do with fewer computers and allow students to waiverthe Computer Lab if they owna computed All students paying to use the Lab would have to show photo Validated ID. No Non ID "guests" would be allowed and any caughttrying to use theLab would be billed $25 and given i validated ID status for the semester they were caught. Would our Lab need all ofthe Macintosh equipment? Would IBM/ctone/PC/MS DOS equipment be added to make the Law Lat more versatile and attractive to students who have learned those and be unwilling to learn the Macintosh (which takes I minute to learn, if that!) The only thing that is going to kill this idea wBI be the selfishness on the part of the wealthier who havetheir own computing equ|XTient Basically this Lab is a program to benefit the Have Nots; not the Haves in this Law School! To those law students who use the Mac Lab on abnosta daily basis, $25.00 a semester seems ike a small price to pay. To those law students who are periodic users— say to do a Seminar Paper, perhaps resumes and cover letters, some personal correspondence, etc, then the $25.00 a semester seems Ike a fair price to pay. But even some of these students donl feel that computer owners should be forced tosubsidize the Have Nots. I am getting comments, ike This Law School ought to have had a Computer Lab already, anyway" anti'Why does it always have to be the students who have to pay for things that are really necessary, etc.?" SBA does not have the power to decide this issue one way or the other. Some students have saidthat The Law School could just go ahead and do it— not even consult the students— just institute theLab and charge thefee and the students would have no choict but to go along with it." If you do institute it, you wil get complaints from allcomputerowner students. Studentswho canafford it, have justfiedhavingacorrfxitersystemas an eckxationajaxpense. Many have modems and n^ and Lexis have free use from theirhomes to doresearch 7 days a week, almost 24 hours a day! Donl telme these students donl have an edge over the others—Losing this Mac Lab win make the gap wider. I iked havingthe idea that studentswho up IB now have not had anopportunity to learn howfcuseacomputer.woud have access to free instwdi^ programs, and learn the "power" of computing and word processing. I wouldIke to see the Latorder a Typing Tutor or Mastertype styleprogram because a tot of these students do not know the touch system and those programs self-train touch system painlessly. (It's i<eastarware ganre-You shoot down space ships but you the homekeys and builds and measures accuracy and speed— it's the most painless way to learrto type and is not tedious orboring but fun!) I'd like to see some kind of poll be taken- plenty of publicity, al the pros and cons, and sort erf a defaulstyte vote—Aiouiremfirst arxJseccoi and Yearlaw students who object to the $50 fee wll have 5 days to show ID to Registrar's Office and fill out i Vote No sip and offer comments, etc. Everyone not voting at the end ofthe scteyswillbedeemedtobeforthe(>XTiputerLab Have you all consictered asking the Law Alu I'll keep you posted on whatthe Ist and 2nd year SBA Directors find out from their money? Couldn't we check into some kind ofalumni sponsored funding to bring down the oosttcs3o/yearorsisasemesterperstudent? Or ask Each Student Groupfunded by SBA (Student Mandatory Fees) to offset some ofthis via SBAfunds. SBA has to pay a flat fee fromSBA funds for students to usethe Athletic facilities and not all students ever use those facilities (pool, exercise equipment, running track, etc.) If we could just get the $50 down— I donlthink that even students who own computers would gripe about $15 a semester. One final note-1 donl feel the blind students should have to pay this unless there is modificatbrto enable these to have acx«ss to the equpment. Sincerely, Angela Gott Tuesday, March 5,1991 • The Opinion 3 �THE OPINION MAILBOX ©pinionT^Fll i First Amendment is the first casualty of war Volume 31, No. 11 March 5,1991 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco j onn B. Licata Michael D. Gurwitz jjm Monroe R On Rusczyk Responsibility left unmet We recently received a letter which came as a surprise not because of the subject of its contents, but because ofits arrival so late in the school year. It is for thisreason that webreak from editorial policy and comment on the important issues raised by this letter, the text ofwhich appears on page 7 of this issue. Every year, The Opinion is chastised for its contents. Like late , grades, it is a perennial complaint made by a significant number of the paper sreaders. It is a pressing problem frequently discussed among this paper's editors at every meeting and layout of the newspaper. Asa student newspaper, the editorialand staffmembers ofThe Opinion strive to publish a paper thatcombines stories about school events and issues affecting law students, as well as news stories (both legal and non-legal) covering issues and events outside the law school community. Presently The Opinion staffiscomprised ofthree members. Theresults ofour efforts torecruit more students to write for the paper have been feeble to say the least. Two ofthe staffmembers will be graduating in May, as will all but three ofthe present Editorial Board members. In other words,as things exist, there are not enough active participants to fill the editorial positions which will soon be vacated by graduating editors. Because ofthe low number of studentsactively involved in the publication of this paper, many important curricular and extra-curricular events that warrant attention and coverage often go uncovered. Many of ourarticles are submitted by non-staff persons whose contributions are somewhat "slanted." The Opinion is subsequently left in a position to print whatever submissions it hasreceived, regardless of its subjectiveness. As a result, submissions whose places in the newspaper would be more appropriate on the Op-Ed page, are frequently found on pages deserving objectively written news stories. The Opinion earnestly strives for the real thing: an interesting, enjoyable newspaper which adheres to the highest standards of journalistic integrity that a small group of busy law students can produce. We welcome and encourage readers, especially first and second year students, to channel their efforts in helping The Opinion be the best possible law school newspaper by contributing to its production and publication, and not just its Mailbox. Staff: Daryl McPherson, Pat Miceli, Lenny Cooper, Nathanial Charny Contributors: George Snyder, John Chiappinelli, Rob Sardegna, Srikant Ramaswami, Michael Fallon, Ron Coslick, Dave Steinberg ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictlyprohbited without theexpress consent of the Editors. The Opinion is published every two weeks during theacademic yuear. It Is thestudent newspaperof the State University ol New York at Buffalo Schoolof Law. SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in thispaper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion Is a non-profit organization, third-classpostage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinbn is fundedby i.ie SBA from Student Law Fees. The Opinion welcomesletters to theeditorbut reserves the right to edit for length and libelous content. Letters bngerthan three typed double spaced pages will not be accepted. Please donot putanything youwish printed underour officedoor. Allsubmissionsshould be placedi n lawschool mai Iboxes 677 or 808by the deadlinedate. Deadlines forthe semester are postedin themailroomand outside The Opinion office, 724 O Brian. Seminar Requirement is Overkill To the Editor: The law school currently requires every law student to complete two seminar papers. The purpose being that each student will benefit from the experience of writing a scholarly legal paper. While I agree that this exercise is beneficial to the student, I believe that requiring two seminar papers instead of one is not necessary. The problem, as I see it, is twofold. First, our law school career is short and thus it is important to select one's courses according to one's interests. While there are many interesting seminar topics, some students may prefer to take a non-seminar course instead. For instance, some students may prefer to take "Estate Planning" or "Bankruptcy Reorganization" ratherthan "Law and Social Change"or"Law and the Visual Aris." lam not trying to suggest that these non-seminar courses are more important or more beneficial than the above-cited seminar courses. All lam suggesting is that the student should have the option to decide what type of course he or she will take. Second, while it is true that a student may use an "independent study" to write on any given topic, he or she is still precluded from taking an extra non-seminar course. Writing a seminar paper on a specific aspect of an area of law is a good learning exercise. However, I personally feel that taking a broad survey course in that area of law is a better learning exercise. Theic are somethat may disagree with me. They have the option of taking seminar classes instead of non-seminar classes. I would like to have the option of taking non-seminar classes instead of seminar classes. As was stated earlier, requiring students to write one seminar paper is beneficial. Requiring students to write two seminar papers is, in my opinion, overkill. Furthermore, a student who is required to take a second seminar course or independent study is necessarily precluded from taking a broad survey non-seminar course. Some students may prefer to take two seminarcourses, others may not. This should be left to the decision of the law student, not the law school. Dave Steinberg, 3L 4 Tuesday March 5, 1991 • The Opinion To the Editor: The Persian Gulf conflict has reaffirmed the age-old credo that the first casualty of war is truth. Unfortunately, a second casualty has occurred as a result of governmental manipulation of the media and the pervasive use of military censorship: opposition to the war. In a nation governed by the principles of democracy and dedicated to protecting freedom world-wide, a stem in the free flow of information affects the ability of the public to make rational decisions on whether government's policies are appropriate and, ultimately, acceptable. Since the beginning of hostilities the Bush Administration has engaged in a concerted effort to avoid critical press coverage through the use of press pools. Only a few members of the 500-strong Persian Gulf press corps are selected for inclusion in pools; these members are then subjected to strict rules of military censorship. Military rules require that reporters travel at all times with military escorts, and must comply when ordered to end an interview or to stop taking pictures. The ostensible purpose of such information restrictions is to ensure that the enemy has no access to information that could be used against Allied troops. However, at least some members of the media believe that the collateral effects of this system have proven to be unacceptable. In a lawsuit filed in Federal District Court in Manhattan, lawyers for The Progressive, The Nation, The Village Voice, Mother Jones, and other members of the "leftist media" assert that these publications have been excluded from the pools entirely. The nine publications, joined by 4 writers including William Styron, Sydney Schanberg and E. L. Doctorow, believe that their exclusion from the press pools is part of a larger effort to avoid critical coverage of military activities. They argue that the military's power to review material to ensure the security of its operations also provides the opportunity to censor news that might show the military in a bad light. One instance of such censorship occurred when reporters were not told for over a day that the first Marine deaths came as a result of "friendly fire"; it is still unclear whether this "oversight" was calculated to temper adverse public opinion. Other government decisions, most notably the prohibition on the photographing of flag-draped coffins as they are removed from military transports, clearly demonstrate that the Bush Administration is working to minimize opposition to the war, both at home and in the field. In other instances, the timing of events has been a tool utilized by the administration to curtail the distribution of potentially controversial information. For example, Secretary of Defense Dick Cheney went before Congress to ensure that Operation Desert Storm would receive its $56 billion dollars on February 22nd. The 22nd was a Friday; consequently news of this was not reported until Saturday, the day of the week that the fewest Americans read newspapers and watch television news. Some plans to suppress dissent have even gone beyond mere restrictions on news relating to the war. In England, for example, the BBC felt it necessary to ban 67 "questionable" songs, including John Lennon's "Give Peace a Chance" and "Imagine," Edwin Starr's "War," and M*A*S*H theme song "Suicide is Painless," as well as others including the Bangles "Walk Like an Egyptian" and Roberta Flack's "Killing Me Softly." Notably, few American newspapers deemed this action newsworthy. Much more alarming than the English response to the war, however, has been the American response: private, non-governmental censorship. Around the nation, many radio stations have responded to the war in a manner similar to that of the BBC; they have refused to play songs that might be construed as "unpatriotic." In a similar act, representatives of eight veterans groups in Pittsburgh have endorsed a decision to bar the organization "Veterans for Peace" from using a county facility built to honor those that fought and died in war. The hall chairman told reporters that "we don't want anti-American rhetoric flowing out of a shrine to Americanism." Those who oppose the war are saying that the real issue in the militarypress debate is not whether we're compromising military security. The real issue is whether we as a society will recognize the value of unrestricted access to information, and protect the public's fundamental right to be informed. Will it be done now, they ask, when it is still possible to make the American people recognize the true costs of war, or after the fact, when it is too late to do anything about it? Historically, the military's logic has been devastatingly consistent. It was CNN's man in Baghdad, Peter Arnett, that got the most famous line of the Vietnam War. When questioning an American advisor on his decision to use clearly excessive firepower on a village, a decision that resulted in numerous civilian deaths, the advisor responded "It was necessary to destroy the village in order to save it." Unfortunately, it may be left to history to recognize the tacit agenda of the Bush Administration: That it was necessary to subvert the ideals that underlie the First Amendment in order to protect them. Michael Fallon and Ron Coslick ;i The Deadline for i the next issue of The Opinion |j is March 11 at s:oopm i Please submit articles to box 677 or 808. �GROUND ZERO BUTCHER OFBAGHDAEI..MEETTHEBUTCHER OFWASHINGTON by Michael Gurwitz Layout Editor Speaking of our victory, Iraqi health officials are concerned that the thousands ofdead bodies decomposing in Baghdad will lead to the spread of disease. The United States has generously offered to assist the Iraqis in resolving this crisis. To this end, the State Department is sending over veterans of the Operation Just Cause (we felt like it) invasion of Panama to train the Iraqis in the fine art of dumping anonymous corpses into mass graves. "Hey, itworked in Panama City!" said an official who wished to remain nameless. (Buffalo) Hey, hey, hey! This is Maaaad Mike reporting to you semi-dazed from the desk in his bedroom. Due to the budget krunch The Opinion didn't have enough money to send to me Reeahhhd Saudi Arabia, or even the Rafsanjohnny Hotel in beautiful downtown Baghdad, so like the rest of you, I've been getting my information via sattelite, and boy is the news from space crazy tonight!!! Here's a riddle: Q: How many Iraqi babies can George Bush order bombed in a single day? A: Sky's the limit, asshole! Big Balls Mantra fsav over and overt **********************************�******«**»»******+ Dick Cheney Get it? *********a******************************************* At one of those "Pentagon" (traditional five-sided symbol of evil and quick profits) briefings before the pressed pool of recorders, I mean reporters, one of the soldier-things was asked how the U.S. (that's US!) would respond if Sad DAM HusSEIN used chemical weapons. "Well, we'd look the otherway and increase our agricultural credits to him" saidthe soldierthing. "No no no!" yelled the reporter, "I mean on our people, not his !" "Oh, sorry," said the S-T, "in that case, we would respond massively and mercilessly (or some forbidding words to that effect). Gee, I guess Hussein must have used chemical weapons after a11... Dick Cheney «»««>«........«.....>>«».. ...«..«»«...« »» Flash! I swear to God on the Holy Bible and Billy Graham that only a few minutes ago I saw George Bush hanging out of a White House window, beating his chest and bellowing: "I'm the biggest damn gorilla in the jungle now!" Did you know that it's been estimated that only fifty Iraqi children are dying each day due to complications arising froma lack ofwater, electricity, sanitation, and medical supplies? We liberated Grenada Ta da, ta da! And now we can ignore it Ta da, ta dal We liberated Nicaragua Ta da, ta dal And now we can forget it Ta da, ta dal We liberated Panama Ta da, ta dal And now we can forget it Ta da, ta dal We liberatedKuwait Ta da, ta dal And now we can ignore it Ta da, ta dal We ignored Tibet Ta da, ta dal It can liberateitself Ta da, ta dal We ignored theBaltic states Ta da, ta da! They can liberate themselves Ta da, ta dal We only pick on weaklings Ta da, ta dal We're standing tall again Tadal According to most pundits (beings of the planet PundokJ), the United States has finally licked its Vietnam Syndrome (ie. a vestige ofconscience) —watch out world, here we come! Here's another riddle: Q: How many Americans does it take to brutalize a third-world nation? A: One (the rest will gladly follow) cruise missilewhichcruised intoBaghdad George Bush has succeeded in shaming cost a billion bucks a pop? Did you know Saddam Hussein by forcing him to with- that people are freezing to death in the draw from Kuwait prematurely. "Just streets of this country due to a lack of another case of Kuwaitis Interrupts" affordable housing? Do you think our government knows, or cares? snickered Bush. *************************************************** True Story: I was watching the Tube during the war when Bush came on and started talking. It finally happened! I had an actual physical reaction to the man's voice! I just can't stand to listen to him anymore. This happened to me with Reagan, but it occurred in his second term. Bush has managed to physically sicken me in his first (and hopefully last yeah, right) term. Oh joy! — Seems that Americans have great sympathy for the suffering Kuwaitis, but have great difficulty finding any sympathy for the sufferingpeoples of Central and South America. Hmmm. Maybe our own genocidal campaign against the indigenous of our own country has conditioned us to overlook our support of the genocidal campaigns against the indigenous peoples of our Southern neighbors. ***************************************************** I swear this is true! The United States Marines sent spies posing as salesmen into Iraq during the war. I can see it all now: "Sir this encyclopedia can change your life, Sir!" So you think you've found the perfect summer job in public interest. The work is creative, you'll learn from people who really know their stuff, and you'll be working forclients whocan't afford private legal services. The only catch is this great agency with the perfect job can't afford to pay you. A new addition to the Buffalo Public Interest Law Program summer internship program may be just the ticket. BPILP has designated three of its summer internships this year to be "student-initiated." Students with a firm offer of employment inpublic interest, but no source of funding, need only submit an application to be consideredfor a $2,000 stipend. Internships can be anywhere in the country, the only limits being the public interest nature of the business and that the student have only a minimum ofother funding, such as summer work-study. BPILP considered making some internships student-initiated in the past, but seriously examined the option this yearbecause of the number ofinternships it's able to offer. Thanks to amazing fund-raising success, BPILP was able to more than double its internships, from six Hmmm. Seems like war is good for business after all. United States corporations are slated to get multi-million dollar contractsto rebuild Kuwait. Among those mentioned in the media are GM and Bechtel. Didn't Ronald Reagans friends/ cabinet members all come from Bechtel? GM is drooling in anticipation of selling more than 100,000 cars to the Kuwaitis. And of course, what's good for GM is good for the country, right? Oust see Roger and Me for an answer to that question). Query: Who is going to rebuild Iraq? Will our bloodthirsty Commander in Chieftake responsibility for the innocent victims of his war with the murderous Saddam Hussein? Neitherleader shows any true concern for their respective citizens, but hey, they're both still in power, right? Hey Fed Boys, where's that letter you promised me? I know that it's illegal to advocate killing the President, but how about wishing him a long, drawn-out and extremely painful disease where his pecker falls off and he we won! Let rush into the has to pee through a straw? We won, us and celebrate We victory! streets our only killed 100,000 Iraqis in the Great That's about it. True to the human condition, I am plagued with doubts. I am War for Oil. wounded and faced with the same dilemma which is Thousands more were tall shared by many of you (and you perhaps disabled, but by God we're standing you are): whether to stay in know who again. Viva Manifest Destiny! »11l iiliiiiunimiim llilini this deeply troubled country and try to There has been a storm of controversy make things better, or flee overseas and recently over a Washington Post column watchfrom afar as itsinks into chaos and that called the United States pilots who despair? It's too soon to tell, but I hear bombed Baghdad cowardly killers of New Zealand is auite lovely this time of women and children. That's a bit harsh. year. I wouldn't call them cowards murderers, maybe, but not cowards. LOLA FUND AWARDS $12,500 to BPILP New Twist for BPILP Internships by Gretchen Stork Did you know that each Patriot missile cost a million bucks a pop? Orthat each — BPILP got the icing on its cake last week, when it learned it has been awarded a $12,500 grant from the Interest onLawyers Account ofthe State last summer to thirteen this year. Services, Volunteer Lawyers Project, The money comes in large part from Criminal Appeals Bureau of Legal Aid of of New York. the Work a Day in the Public Interest Buffalo, and Legal Services for the EldTopping off a year which saw BPILP pledge drive, which last year netted just erly, Disabled or Disadvantaged. gain national honors at the National The selection process for student initi- Association of Public Interest Law conover $20,000 in pledges. BPILP members are currently gearing up for this ated efforts will obviously be different. In ference in Washington, the award repApril's Work a Day drive, which will fund an effort to be as fair as possible, two resents two and half times the amount internships for next summer. For those BPILP members from each class will awarded by lOLA last year. who have not yet experienced the madform the committee which chooses the Last year's grant of $5,000 was the ness, the week-long drive asks students projects. A faculty member will beasked first time lOLA ever funded a student and faculty to pledge the equivalent of to sit onthe committee as well. No BPILP organization. one day's salary to help fund the intern- member who isalso attempting to have a The grant, awarded on a proposal ships, which benefit agencies which project funded will be permitted on the written by Graduate Assistants Chris otherwise would not be able to hire a committee, and BPILP is assuming the Thomas and Kathleen Welch, win go student, and students who might otherdiversity of its membership and its own towardfunding summer internships with wise not be able to do legal work over the reputation for fairness will alleviate any Western New York legal services summer. The rest of the money for the concerns students may have about fa- agencies. The increase in lOLAmoney, internships comes from alumni and outvoritism in choosing projects. togetherwith the money from last year's side fundraising done by Public Interest The decision to make only three ofthe pledge drive, allows BPILP to award Graduate Assistants Kathleen Welchand thirteen internships student-initiated rethirteen internships this year, a remarkChris Thomas. flects an effort to tread cautiously in unable increase. Ten of the thirteen internships will be familiarwaters. More importantly, BPILP The lOLAmoney comes at the endof distributed in the traditional manner, with wishes to keep a majority of the intern- Welch and Thomas'tenure, and a year Western New York legal services agenships within the Western New York legal in which BPILP was honored at the cies submitting proposals for an intern, services community, with which it has NAPIL conferencefor having one of the and the BPILP membership then voting worked for many years and to which it fastest growing programs in the counon which agencies will be chosen. In- feels a strong allegiance. try. Third-year student Tara Burke was terested students then submit their reBPILP hopes to announce this year's also honored for most innovative insumes to CDO, and the agencies choose participating agencies by March 11. Ap- ternship, for her BPILP internship with which students to interview. BPILP has plications and more information on the the Volunteer Lawyers Project, inwhich no say in who gets chosen. Agencies student initiated internships can be found shecoordinated local attorneys to serve chosen last year included Farmworker's at CDO or Room 509. Deadlines for indigent tenants facing eviction, in Legal Services, Neighborhood Legal student initiated projects will be April 3. Buffalo City Court. Tuesday, March 5,1991 • The Opinion 5 �, Adventures of 6y Sokn'B. Licata features T.<Citor A few years back a friend of mine needed heip working on a paper. It was due on thefollowing Monday on a subject I'm somewhat familiar with so we were able to breeze through paper without pulling an all-nighter. She got the diploma and I ended up wrestling with the eternal question of whether I had violated any ethical provisionsregarding schoolwork. Of course I had. But, the real question was could I live with my deceit? Would my heretofore tranquil nights be torn asunder by phantasms too powerful to be subdued by a handful of Sominex and a quart of NyQuil? Obviously not. Would I do it again? Let me check the legal ramifications of my answer, then I'll get back to you. My recent soul searching has been stirredby flyers proclaiming the impending MPRE in the middle of March. Ethics. I know a few people, likeable mugs, who tell me that the real MPRE ought to include questions of how to get around the laws and responsibilities hampering the legal profession. Make doublespeak and reclassification of funds go a long way toward establishing the new order of society and liberate the lawyer from the morality hounds intent on crippling the justice system. I just smile at them. After years of wondering how does a person escape the morality imposed by society the answer was given to me by watching the television news. Senators Alan Cranston, Dennis DeConcini, John Glenn, John McCain, and Don Riegle, alias "The Keating Five," were told by the Senate Ethics Committe that they were a big disappointment. Getting caught, no doubt. Cranston, suffering from prostate cancer and already withdrawn from the next senatorial election, was the obvious scapegoat for the Senate but something else was at work here. I needed some expert help to understand the deeper currents ofthis act. I called Charles Nora, political analyst and haberdasher. I quickly outlined my problem with the entire situation including the lack of justice, law and basic integrity. How would this latest letdown affect society? "Mr. Loafer you've to understand that the Senate Ethics Committee is the grandest mislabeling since Leif Erikson established Greenland, since the formation of the United Kingdom, since the naming of the pineapple..." This continued for several minutes as she discussed the nature of society to incorrectly label individuals and organizations. After she mentioned Tricky Dick I brought her back to the Keating Five. "The treatment of the Keating Five bothers you that much? " I assured her that it did. For some reason I was feeling anachronistic, a regular moral dinosaur unable to change with the times. Perhaps I had no time to really call my "Stop being so melancholy, Loafer. Basically the treatment of the Keating Five strikes at the very foundation of the American criminal justice system. Who decides the measure of guilt in a trial?" she asked. I told her it was the fact finder. Years ago I learned not to say jury since some trials only have a neutral judge listening to all the evidence, competent or not (I'm own.. . ITtheali nLoafer: a Legal Gumshoe OnThursday, February 28th, the Black demonstrated, both in past actions and referring to the evidence, of course) and Law Students' Association sponsored a in its present conflict in the Persian Gulf, then determining guilt based upon adforum on African-Americans in the Milithat it is an empire dedicated toexpanding missible evidence. tary. Professors Charles Carr and itsfrontiers and preserving its hegemony. "in this situation the Keating Five were Muhammad Kenyatta spoke atthisforum. The Kuwaiti government is part of the given exactly what the U.S. Constitution The speakers discussed the limitations greater Western empire," he said, "this is promised them: a jury of their peers." of an all-volunteer army in an economiwhy when Iraq invaded Kuwait it did not The simplicity of the problem engulfed cally divided United States. Professor miss a beat. Iraq was really unsettling to me. An actual jury of peers. How often Carr stated that "As long as Blacks and the American empire in the Western had we railroaded men of brilliant diapoorwhites are kept on the outside of the economic scheme. bolical genius through a system of economic structure, they will continue to Both Carr and Kenyatta voiced their unimaginative men and women, resentface the sheer frustration of not being concern that the United States governful of their imposed civic duty. A system able to make it in the outside world, they ment, if left unopposed by its citizenry, where the criminal is actually measured will continue to make up the army." will continue to wage future wars and in the scales by similar criminals promProfessor Kenyatta spoke in terms of aggresive acts against people of color, ises to treat each person according to an imperialistic United States which has both in this country and abroad. their individual inalilenaable rights. Nora Charles was talking again. "If we took this jury of peers thing seriously we would never have been able totry Charles Manson, Claus yon Bulow, or Ronald Reagan." I told her tat we hadn't tried Ronald Reagan for any crime. "Oh, I heard his entire administration was put on trial. My mistake. Anyway, this jury thing is a greaterfiction than the 'reasonable person" standard. There actually is a great deal of credibility involved in the Senate's decision. They have established a firm moral stance when placed under unrelenting public scrutiny. Given this as the norm we can see the integrity of the system lurking throughouttheir actions. The crime wasn't accepting the money, per se, the crime was both accepting money froma political liability (a definite faux pas) and then getting caught. The Senate frowns on those elements," she had a definite Professors Charles Carr and Muhammad Kenyatta spoke at forum last Thursday ability to see inside the minds of the American politician. I asked her if society will ever get a widespread application of trial by jury of Both Professor Marcus and ProfesMarcus stated: "[e]ven people who are peers. sor Finley have donated their time to uncomfortable with questions of abortion "I can't imagine allowing twelve murhave to dealwith why these people (antiderers decide the fate of another killer. represent the Pro-Choice Network because of the atimportance they great abortion activists) have made driveways Yet, if the death penalty were reinst ituted tach to this issue. want to "turn They and streets of health care facilities unthe public might still be satisfied with the commitment into Professor reality." safe." verdict oftwelve people who have killed before. If they vindicate their peer because the victime deserved it, well, that would stop the movement toward a jury by peers. Today the legal system is rigged for those people dedicated to the propositions of white bread and the Grandfather clause. If Michael Millken weretried by a like jury, he'd be rewriting the economy and financial market daily. Are we better off? I don't know," she sighed at the end of her statement giving me the cue that my time was running out. Would the S&L mavens get away with it? "I don't see how we could try them without emptying the jails first. That money is long gone." After I hung up I tried to grasp the subtleties of the justice system. Two mutually exclusive modes of thought counterbalanced to protect the rights of the individual and the norms of society: individual free will v. the collective ideal. ■t' "SI HVhC Hobbes, Locke and Jefferson all fought to obtain some measure of each. Was the American sysstem doling out justice in an uneven manner. Of course. Was the Senate a closer approximation of how the judicial system is supposed to work in the eyes ofthe Americans? We'll find out on election day. Have a Heart GIVE BLOOD Tuesday March 5,1991 • The Opinion 6 Forum Discusses Role of African Americans in the Military - TRO Continued from page 1 Alot ofcanpis rapes start here. Whenever there's drinking or drugs, things can get out of hand So it's no surprise thai many campus rapes invoke alcohoL But you shouldknow that under any circumstances, sex without the other persons consent isconsideredrape. A felony punishable by prison. And dnnldng is no excuse. That's why when you party irs good toknow what your limits are. You see, a little sobering thought nowcan save you froma big problem later �Opinion cited for taking name too literally Dear Editor: As a second year student I have seen nearly two years of The Opinion and am dismayed by the level to which the paper has fallen during that period of time. When I first arrived at UBLaw School The Opinion's excellence as a law school newspaper had just been recognized by its being rated the second best law school paper in the country. Since that time the level of journalistic integrity of the paper has declined steadily, and has reached hew lows this semester. Jim Monroe's article chronicling the events leading up to the war against Iraq in the February sth issue exemplifies the lack of integrity of which I speak. There are many problems with Mr. Monroe's article. I have chosen, though, in the interests of time and space economy, to address only what I feel are the most egregious ones. First, Mr. Monroe states that in December, 1990 "(t)he U.N. Security Council decide(d) that January 15 (wa)s the magic date, after which the U.S. c(ould) no longer tolerate Saddam holding on to our beloved democratic friend Kuwait." Aside from having his facts incorrect, the decision of the Security Council having taken place in November, this bit of sarcasm, while appropriate in some media, is totally out of place in journalistic writing. Mr. Monroe, as a journalist, has no business making such a remark, which is nothing more than an expression of his own personal opinion. Such blatant characterizations are, incidentally, violations of the most important canon of journalism: objectivity. Second, furtheralong in his "article," Mr. Monroe states that on January 17,1991, Buffalo Police Commissioner Dagenhart told some off-duty cops to "attend the Peace [sic] protest at Lafayette Square and start trouble and make arrests." As we all know from elementary school, "peace" should not have been capitalized in that context. More importantly however, who, or what, is Mr. Monroe's source for such a statement? A statement like this should be backed up by at least two sources. Isn't he aware that such is the stuff of which libel suits are made? Third, Mr. Monroe resorts to outright falsehood when he states that Pentagon officials did nothing to clean up the oil spill in the Gulf. The military in fact went out of its way to bomb the oilterminals in order to stop the flow of oil into the Gulf at risk of considerable loss of life. In addition, the military is hardly trained or equipped to handle the cleanup of a massive oil spill. What more did Mr. Monroe expect the military to do about the spill? There is, after all, a war on. Without a doubt though, the most damning portion of Mr. Monroe's piece, and, ultimately, the reason for my decision to write this letter, is his account ofthe events of January 30,1991. I quote Mr. Monroe: The body bags start rolling in as Rambo marines [sic] get too close to the Iraqi borderand the Iraqi troops come in late at night to mix it up." Forgetting for a moment the fact that such a characterization is not appropriate in a journalistic writing, Mr. Monroe's characterization of the killed Marines as Rambos cheapens both their lives and sacrifices to the point of making them non-persons. Each of us has our own views concerning the war. Whatever those views are, however, we all must acknowledge that each ofthe Marines who werekilled hadtheir own views as well, that each had their own reasons for being in Saudi Arabia, and that each was willing to fight, and die, for something they believed in. The views and beliefs of the killed Marines are entitled to an equal amount of weight as are those of anyone else, including Mr. Monroe. The characterization of persons willing to die v ■■■ Bar Co-op Responds to Pieper Letter To the editor, In response to a letter put in the law school mailboxes by J. Gardiner Pieper of the Pieper Bar Review, the Buffalo Bar Review Collective did not misrepresent, nor disparage J. Gardiner Pieper, nor his course. In his letter he characterizes our assertion that, "his course was the only course to reject our offer outright", as a misrepresentation. He then goes on to state the reasons why he rejected our offer outright. In light of what we had heard about Pieper having the lowest pass rate and charging New York State students over $2 Million per year for audiotaped lectures and little or no course materials we refrained from disparaging his course as much as possible. When we asked a rep last year about the low pass rate he said that it was due toa high minority enrollment. Again, we refrained from speculating that the low statewide minority pass rate may have been due to a disproportionately high enrollment in Pieper. Wefeel that J. Gardiner Pieper's claim that he has the enrollment of overone half of the CUNY Queens law school should be remembered next year when we look at CUNY's pass rate. We know that when Bar/BRI had the CUNY collective the pass rate was 27%. The next year the collective chose Bar/BRI and supplemented the course with Marino's essay writing and the pass rate went up to 54%. According to a member of the CUNY Collective Board, this year the CUNY collective chose Marino and both Bar/BRI and Pieper really put the sales pressure on at that school because theyfeared that Marino, with the highest pass rate in the state, would make huge inroads into their highly profitable turf if the CUNY pass rates went up any further. This brings up another question that the Buffalo collective has been striving to answer: How canwe verify pass rates? Marino claims the highest pass rate and the other two courses neither accept norreject Marino's claim. Instead, Bar/BRI claims a few percentagepoints below Marino's unsubstantiated claimand Pieper completely skirts the issue. If nobody is lying then New York's pass rate is around 80% or Pieper's rate is really low. We feel that the Bar examiners should have a separate sheet to be removed from each bar exam on which the test taker selects the method and/or company used for test preparation. This response would then be separated from the tests until after grading and then compared in order to establish pass rates. The purpose of the Bar Exam is said to be to insure that it allows only fully prepared lawyers to practice in this state. As much as we may disagree with the efficacy of this test forfulfilling that lofty goal wefeel that if they are serious they should allow students the ability to make an informed choice as to the method of preparation. So far Marino is the only bar review company that has advanced such a notion. Aftera careful review ofthe available data, including talking to students whofailed and passed withthe different courses, I have chosen not to give $1,200 to J. Gardiner Pieper and I hope other students will continue to participate in the Buffalo Coop and make theirchoice based on careful evaluation of available materials and not on high pressure sales tactics or unjustifiable scare tactics. J. Lloyd Monroe Co-founder Buffalo Bar Review Collective. -■■•■ they died, and the persons themselves. I challenge Mr. Monroe to say to the parents of any one of the killed Marines whathe has already said in print: "Your child's beliefs don't count for anything more than those of a movie character, and neitherdoes your child." Of considerably lesser importance, but nonetheless noteworthy, is Mr. Monroe's failure to capitalize "Marines." Did he intend thisas a final insult to those wholost their lives, or did he just forget? Neither is acceptable fora journalist with over 17 years of schooling behind him. Further, the reference to the battlefor Khafji as "mixing it up" connotes a barroom brawl or a street fight. In neither case are the lives of thousands at stake. To make such an analogy cheapens the lives of all those involved, on both sides. I find it amazing that one who is as obviously opposed to war as is Mr. Monroe holds so little respect for human life and dignity. What makes the situation as bad as it is, is that degrading items such as this have appeared in The Opinion before. Why is itthat a considerable number of those in this law school who are politicallyleft of center, some of whom are apparently on the staff of The Opinion, have no compunction against minimizing human life and sacrifice in order to make their points? As an example ofthis phenomena I point to Mr. Gurwitz's comparison last semester of AIDS victims to the victims ofthe Nazi Holocaust. That comparison immeasurably cheapened, and showed no respect forthe lives of the six million Jews killed in the Holocaust. Ido not intend to minimalize the suffering of AIDS victims, but one just cannot compare the two; and while I have no great love for the Republicans, they are not Nazi's, as Mr. Gurwitz suggested. I realize that this comparison appeared in Mr. Gurwitz's "Ground Zero!" column and was not intended to be a reporting of news, but its particularly degrading nature istypical of what occurs in this law school every day, and in The Opinion from time to time under the guise of news. Despite thefailings of Mr. Monroe as a journalist,and others like him who also write for The Opinion (which is in no way intended to reflect upon the paper's good writers, of which there are many), these writers are, in the end, not to blame for the decline of our school paper. The blame for that lies squarely on the shoulders of the editors. No excuses; it is the function of an editorial staff to ensure the journalistic integrity of any paperand the grammatical sufficiency of any article within it. In these respects, the editorial staff of The Opinion have, of late, failed. Irealize the most obvious response to my position isthat The Opinion is not meant to be a true "newspaper," but is intended rather to inform students of how their classmates feel concerning events affecting all of us and to provide those who write for the paper with an opportunity to speak out on issues of import to them. If this is so, however, why isthere an editorial page, and why does Mr. Gurwitz have a column specifically for the purpose ofallowing him to express his opinions? Why make these items distinctive at all? After all, they're only some opinions among a bunch of others, aren't they? Why, then, use the scales of justice, implying impartiality, in the paper's logo? The Opinion purports to be an informative journal published by and for the students of UB Law School. As such, the opinions of its staff (whatever merit or lack thereof they may possess) ought to be confined to the editorial page and columns such as Mr. Gurwitz's. The editorial staff's failure to do so has resulted in the school newspaper we have today. Rob Sardegna Limp - kA/Ok/A/ THE" GRIMCH h/«O 5TDt£CHRISTMAS RCCEWLY EXAM. THr JOAHO COMPLtTtLY MTHOIST LOCATTKO AT THE BASE OF T/VE BM/V, TH£ "J/toSf/^ ,, |S T«C /Vl« U&AL TWUCHr. Tuesday, March 5, 1991 • 1 he Opinion 7 �JwWfft i» M w B * till V mwW**2 sS- i MM 7 B m\ 111 I I m ■ W Mm m mj II mw*M mmmJmW mW Hv W V m - M M mm I Iv fIH Wl V * Mm\ mW MMI J M FWdan, ■■ 4 r > i 15, 1991 (Happy St. Patricks Day!) PIEPER NEW YORK bM REVIEW'S one day seminar will be offered 9:OO a.m. to 4:30 p.m. ( NEW YORK CITYMSEI SATURDAY, MARCH 2, 1991 NASSAU TAPE: SUNDAY, MARCH 3, 1991 TAPES ALSO AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, ALBANY, BOSTON, BUFFALO, SYRACUSE & WASHINGTON: SATURDAY, MARCH 9, 1991 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREEXo students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is Feburary 15,1991. The exam fee is $25.00. Late registration will be accepted until March 6, 1991, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 16,1991. For more information contact your Law School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, NY. 11501 • Telephone: (516) 747-4311 — j i — , , , ——— m J——l �Hate Speech Leads to Expulsion by Maria Schmit Managing Editor A Brown University student was recently expelled for voicing ethnic, racial and anti-homosexual remarks in violation of that school's student behavior code. The student behavior/conduct code, adopted by the University in 1989, prohibits hate speech attacking race, ethnicity, gender, religion,sexual orientation and handicap. The Brown Daily Herald identified the expelled student as Douglas Harm, 21, a juniorbusiness and management major and varsity football player. Harm is the first student to be expelled for such harassment. The incident that led to Harm's expulsion occurred on October 18, 1990. Students heard Harm outside the dorms shouting "nigger," "you niggers." When students confronted him, he said: "My parents own you people." To those who were not black, Harm yelled: "What are you, a faggot." "Are you Jewish...Jew." On January 25,1991 the University Disciplinary Counsel, composed of stuThe U.B. Jessup Team competed in dents and faculty, found Harm guilty of the prestigious 1991 Phillip C. Jessup violating the student behavior code and International Moot Court Regional Comvoted to expel him. Harm appealed the petition on February 15thand 16th. The decision to the University President. On competition was hosted by Marquette February 12,1991, Brown President University Law School in Milwaukee, Vartan Gregorian upheld findings and Wisconsin. Ten law schools sentteams the decision of the disciplinary board. consisting of Applicant and Respondent. This was not Harm's first violation of Gay Kang and David Geurtsen argued the Code. At a fraternity party on Januon behalf ofthe Applicant before a panel ary 27,1989, Harm called a black student of judges who represented the Internaa "nigger." He was convicted by the tional Court of Justice(1C J) Scan Galliher University Disciplinary Counsel and or- and Dan Vira acted as Respondents in dered to attend a race relations workthe case, which involved an international shop and undergo counseling. trade dispute concerning international Others schools have codes similar to obligations underthe General Agreement Brown's. Students have been dismissed in Tariffs and Trade. for violations of their school's behavioral Dave and Gay defeated Respondent codes, but could later reapply. Harm, teams from host school Marquette and however, is the first student to be exthe University of Minnesota while Dan pelled. He is permanently banned from and Scan emerged victorious over the Brown University. University of lowa and the University of Kansas. U.B. further distinguished itself by being the only law school placing two winners in any one awards category. Scan Galliher and Gay Kang took best oralist awards during the two day competition. Dave and Dan were also singled out for their excellence by the judges. The next big event on the Jessup agenda isthe upcoming Faskin-Campbell Ist year Moot Court competition in getting antsy? Toronto. This oralcompetition is open to at are we all first year studentswho have an interest in developing their oral advocacy skills not us smart and potentially gaining membership on Iraqi the Jessup Board. Selection to the first year team will be based on the student's performance in Pay a quarter, the intramural competition which will be . Oh To Be A Smart Bomb Oh to be a smart bomb On my way to ole Iraq, With my sexy space-age sensors To help me out with my attack. Don't need no on-board pilot— I'd just fly from whence I came, Projecting pictures of my targets Like a live Nintendo game. See that secret bunker? Steer me right up to the door; I'd say "Mailman" and ifd open And the bunkeKd be no more. Soldier or civilian? Hey that's someone else's guess. I'm a smart bomb—not a genius— Don't blame me if mere's a mess. But oh to be a smart bomb, To be the star of the Mideast show. Get my name all on the networks (Make Raytheon some dough). Are the people Back home all bored? bombsWhy let fly them Shoot that bad horde. grab the joystick, Show that video-honed skill, It'd be just like Space Invaders With little beeps for every kill. Soldier or civilian? Do we really give a fuck? Call the dead "collateral damage," Chalk it up to their bad luck. Gotta win this for George Herbert, For the Gulf, and for the gas, Saddam called the US cvil Send the troops to kick his ass. — Got a problem? Use a smart bombThere's nothing it can't do. But why limit it to Baghdad? Here at home we need it too! Don't need no peace solution. War on Drugs? On the homeless? Where's the glitter? Where's the splash? It's a politician's dream— Can't show off General Schwartzkopf Get your domestic problem In ifs video-tracking beam! If there's no military bash. Tomahawks and B-1 bombers, Fun to play with high-tech toys, 'ith gas masks like Darth Voder's ?jr all the girls and boys. 4 1 Start the ground war—get ing— Can't let the TV ratings drop. After all the war's insurance Against a '92 election flop. things go- U.B. Jessup Team Takes Two Awards in Regional Oh a smart bomb, yes indeedy, Now wouldn't that be just the life— To be the ultimate solution For every kind of strife. John Chiappinelli held in late February. Participants will argue from the memorials (briefs), which were prepared by this year's Regional team. The Jessup team would also like to thank Mary Ellen Gianturco, Moses Howden, Lorretta Smith and all board members and faculty, who gave of their time to help prepare the team. It was because of their efforts that this year's team was so successful. Students selected as team members for the Toronto competition: Henry Nowak Lisa Dobosiewicz Paul Deßosa Michelle Spitzer Frank Housh David Jones Tom Cannavo Sue Zalewski (Ist Alternate) Mahindra Maharaj (2nd Alternate) Darrin Bufonte (3rd Alternate) Toall thefirst years who competed in this year's Jessup Moot Court Competition: Thank you for showing us the time, energy and hardwork that all of you so clearly put into preparing your oral arguments. Thank you also for sharing with us your courage, strength, and great heart in presenting your arguments. We enjoyed meeting you and experiencing yourfire and enthusiasm. Hope it was as much fun for you as for us. From, The Jessup Judges Twenty Years Ago in The Opinion This article appeared in the March 19, 1971 issue of The Opinion. The same issues are still with us today. Statement of the Concerned Law Students for Peace Since its inception in the days following the U.S. invasion of Cambodia, Concerned Law Students for Peace (CLSP) has continued to grow both numerically and in the scope of its concern. Increasingly, the organization has been approached by individuals and groups to provide assistance in legal problems. The common denominator in these requests for assistance is an attempt to make the legal system work for those in our society whom it now seems to work against, for the poor, political activists, migrant workers, prisons, mental inpatients, homosexuals, students, and others less favored by society. Any freshman law student can discern quickly how the law favors certain classes of our society. What can one man do is a favorite question of persons concerned about these problems. If you really want to do something, the opportunity is available. CLSP has more requests for assistance than it can handle. Most involve only a small commitment of time and effort in return for an educational experience coupled with the satisfaction of knowing that you are doing something worthwhile. The next meeting of the CLSP is open to all those who want to help. To accomodate the expanding role of the organization, CLSP recently held a reorganization meeting. Bob Wall, Sally Mendolla, and Brian York were chosen as temporary chairmen and chairwomen. They will directthe activities of the organization until the election of permanent officers in April. • Tuesday, March 5, 1991 • The Opinion 9 �Letters to the Editor Continued Dear Dean Filvaroff, If you get a chance, you might want to stroll over to BakJy on the 2ndfloor to Room 212 Lab. — that's important as there are 2 separate Labs — and take a look at the BakJy Apple I don'tknow how long this lab has been in operation. The Education Department wrote a proposal and got the funding to start it originally for the use of its students. It costs The Education Department $40,000 a year to maintain. The problem is, Law Students dominate it. When you use it, you have to give your ID and fill out a sheet indicating what school/department you are with. This Lab is closing up at the end of the Spring Semester because the Education Department does not have the funds or interest to keep maintaining it. With the cutbacks overthe years, the Education Department has been getting smallerand smaller. The Lab creates "jobs"for its students. These students receive stipends and owe a certain number of hours ofwork each semester and work offthe labor they owe running the lab. The Education Department does not own this equipment. The University Computing Center owns all the Macintosh Computers and Printers. But the Education Department suppliesall the paperforthe printers and this equipment breaks down and has to be maintained and repaired. It is my understanding that having this Lab has created "assistantships" for Education Students— They get tuition waivers and about $8,000 in stipends. Anyway, Ms. Pat Tanner is the "head" of the BakJy Apple Lab and she can give you the actual details. Since the dominant user ofthis Lab is Law Students, I propose that the Law School take over this lab— startingthis summer. I don't think you realize— The Opinion and The Dissent is written over here! All the students do their term papers over here! I probably spend 15 hours a week here. It is open 7 days a week, including breaks from about 9AMto 11 pm. Students have really come to depend on this place. The Computer Center will be receiving all of this equipment back for reallocation. The Macintosh is so much easier to use than the PC clones with the MS DOS. Which is why students find that start up is instant success —justclicking a mouse to get in and out of programs, to change fonts, to edit, set up foot notes, set up paging etc Nothing could be easier! MS Word and Word Perfect run on the Mac. If you worked out a deal with the Computer Center, maybe they'd let you put Macs in Law Review, AWLS, SBA, BPILP, NLG (In the Public Interest and The Dissent are in that office) and The Opinion, ASA & LALSA, etc. and some in AY Dept Law Library, etc. Or, on the sth floor of the Law Library in the Koren Center, one of those rooms could become a Mac Lab! Please think about it— The Law Students are going to be very sad when they find out about this. Pat Tanner can give you the statistics of the number of Law Student users compared with other students. I wanted you to be the first to know, so that you can be the first to propose to the Computing Center that the Law School wants this equipment. It wouldn't have to cost the Law School $40,000 a year because you wouldn't have to create assistantships for students to staff the lab. Work Study Students could do it in the Law Library if you set upa Lab on sth. floor or if you spirtthe machines up among student groups, students would justuse them in their student offices. There are 20 Macintoshes, 3Laserprinters and 3 or 4 imagewriters (Dot Matrix printers) and a file server/network hard drive and 4 Apple GS Us and 8 floppy disk drives. — I think students would rather have access to computers than having a lounge in the basement and considering the cutbacks, this seems more obtainable. Thank you for your time and consideration of this proposal. Sincerely, YOUR HONOR. We all know lhat a lawyer entrusted with client funds has important fiduciary responsibilities. We know, too, that the misuse of those funds is an exception, not the rule. ■ But when it happens, it's an embarrassment to the legal profession. That's why lawyers nationwide finance client protection funds. Not to write off debts of honor, but to reimburse them. ■ The Lawyers' Fund in New York serves better than most. Since 1982, it has restored more than $17 million to eligible law clients. Those awards come from the Fund's share of the biennial registration fee, not tax dollars. And nearly every eligible client receives 100 percent reimbursement. ■ That's something to be proud of. Because it's not just our clients we're protecting. It's our honor. &> Lawyers Fund for Client Protection oftheStateofNewYork Fifty-Five Elk Street. Albany. New York 12210 ■ (518) 474-84.18 (Toll-free NYS SI WO Lawyers' Fund for Client Protection of the Slate of New York MANIA LEGAL Angela Marie Gott I-800-442-FUND) Miceli Pat WE'D LIKE TO REMIND YOU THAT THE UNCENSORED CONTENT OF THIS NEWSPAPER IS MADE POSSIBLE BY THE CONSTITUTION OF THE UNITED STATES. THE CONSTITUTION The words we live by. -- — . >n mW. Ik. Cutltok. >iU« CmM«. nAll|I« T. Lan ■—— ——■ •>■- «■—._-i-i ..Tv. ii /—a.-i— L£J JJJ2 �asdfasdfsdfsd The Docket What: When: Where: Lowdown: Film: The WiUmar 8 March sth, at 12:30pm First Floor Lounge, O'Brian Hall Story of eight midwestern women who stepped to the forefront ofthe struggle against sex discrimmination in the workplace. What: When: Where: Lowdown: Graduate Students and Young Professionals Happy Hour Tuesday, March 5, at 7:00 pm. Central Park Grill, 2519 Main Street. $5 cover. Proceeds go to the United JewishFund. There will be free beer, pizza, wings, and veggies. What: When: Where: Lowdown: "Women and Body: Friend or Foe" Tuesday, March 5, from 6:30 B:3opm. Room 415, Capen Hall. A workshop designed for women to explore their relationship to their bodies. - What: When: Lowdown: MPRE application due date. What: When: Where: Lowdown: MPRE review class given by Marino. Sunday, March 10th. Room 108 Prepare for the MPRE for FREE! What: When: Lowdown: Next Opinion deadline. What: When: Where: Lowdown: Film: The Accused March 12th, spm Fifth floor lounge, O'Brian Hall JodiFoster and Kellie McGillis star in thisadaptation ofthe New Bedford Gang Rape Trial. March 6th. If you have not already taken the ethics part of theBar, now is the chance. Because this is the late registration deadline, cost of the exam is $75.00. Monday, March 11 Submit your articles (on Microsoft Word, preferably), to Box 677 or 808. What: When: Where: Student speaker elections. March sth & 6th In front ofthe law library. What: When: Where: Lowdown: Pro-Choice Tabling March 6th & 7th, 9am 2pm Second floor of O'Brian Hall Information will be distributed, consciousness raised. What: When: Where: Lowdown: Speaker: Alexis DeVeaux March 14th, 12:30pm First floorlounge, O'Brian Hall Ms. DeVeaux will discuss Violence Against Women ofColor. What: When: Where: Time: Lowdown: Debate and open forum. Wednesday, March 6h Woldman Theater 5:00 p.m. Peter Christ, a retired Tonawanda Police Captain, Dana Beal-aradical organizer and nationally known activist, and Jeff Blum-Constitutional Law professor will debate the U.S. drug policy. What: When: Where: Time: Lowdown: Isabel Allende comes to U.B. March 18th Slee Hall 8:00 p.m. Chilean novelist and human rights activist, niece and godchild ofSalvador Allende, late President ofChile assassinated in 1973 as part ofmilitary coup, will discuss conditions in Latin America. What: When: Where: Lowdown: Film: The Ella Baker Story March 21st, 12:30pm First floor loung, O'Brian Hall A history ofthe civil rights movement through thelifework ofElla Baker. - Bar Collective Secures Rebates I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I by DanylMcPherson, Staff Writer The UB Bar Review Collective is a loose, informal group of law students gathered together attempting to get better barreview courses at a better price. The movement iscurrently spearheaded by JimMonroe and Rodger Doyle. Along with Tara Burke and others, they believe that by joining together, students can amass greater bargaining power withthe companies. "We try to get as many studentsas possible to boycott signing up for any course until the Collective votes and agrees on a certain offer," says Monroe. In 1989, John Wienski started the Collective, and managed to get cooperation from Kaplan-SMH and Marino, two ofthe companies. When Wienski graduated, the organization started to driftapart until Monroe and Doyle picked it up. They have been able to garner administration and student support and have managed to negotiate deals with some of the companies. With Marino, they have reduced the course price to $650. With BAR/BRI, the largest bar review company, the Collective has gotten a $ 100 discount to be given to all thirdyears signed with BAR/BRI. Though they have been cooperative, a part of Kaplan-SMH is supposedly going out ofbusiness after July, so their usefulness is now questionable. The only company that refuses to negotiate with the Collective is the Pieper Bar Review Course. Asa result, the Collective has started a Boycott Pieper movement. While Pieper refuses to even recognize the Collective, BAR/BRI does so with some hesitance, believing itis not fair to givea benefit to some students justbecause they waited and signed a piece of paper with the Collective. To eliminate the unfairness.BAß/BRloffersitsdiscounttoallstudentssignedwilhthern. Thetactic is viewed as an affirmative attempt to undercut the Collective's power, and forces it to operate on a year by year basis. Studentrepresentatives for the companies recognize the opportunity third year students have withthe Collective this year. However, they see the Collective as a hindrance to a student's ability to evaluate the individual bar review companies. BAR/BRI and Marino offer very different programs, which is reflected in their prices. They are not easily compared as each offers different products with specialized services, some better than others. The Collective has a number of goals to improve the barreview course situation. It plans to submit a resolution before the SBA that will ask the companies to voluntarilylimit the number oftimes they stuffthe mailboxes and hang their fliers for environmental and psychological reasons. They believe there is too much pressure on first year students to sign up. 'The bar review courses take advantage of fear and anxiety to get us to take theircourses," says Doyle. The Collective also wants to enlist the faculty to tell the first years not to sign up. They also hope to make the Collective a clearing house for information on bar review courses. If the Collective can survive, they want to establish a permanent tape library that will be open to all students. It is believed that by creating greater access to this information, the Bar Exam pass rate for UB students will improve. This year the Collective has voted to accept the Bar/BRI $100.00 offer. So far, over 350 students have signed commitment applications. Next semester, it will be up to JohnLicata, Pam Davis, Colleen Van Gelder, and anyone else they can recruit to utilize the inroads made this semester to keep the Collective an effective and cohesive unit. IMPORTANT SBA ANNOUNCEMENTS 1. SBA Executive Board Elections The SBAExecutive Board Elections will be held on April 9th and 10th. To run for President, Vice President, Treasurer, or Secretary, you should pick up petitions from the SBA Officeand collect 80 signaturesfrom the UB Law student body. The completed petitions must be returned to the SBA OfficeorBox 692 by March 11. A onepage statement ofcandidacy should be submitted to THE OPINION (Box 677 or 808) by March 11. The statement will serve to identify you, the executive position you seek,and the reasons you are running. 2. 199 1-92 Budget Hearings The SBA Budget Hearings will be held March 12thand March 13th at 6:00 p.m. each day in the SBA office. See the SBA office door to find out which time has been assigned to your group. Please be prompt. If there is a scheduling problem, you can switch with another group as long as they consent. The grouprepresentative should be prepared to wait in the event there are delays. 3. SASU Delegate There isa need fora new SASU delegate. The SB A hasappointed an interim delegate, but needs to hold official elections soon. If you are interested in this position, please leave a letter ofintent in JohnLicata's box, 443. If you need more information on the functions and duties of a SASU delegate, contact any SBA Director orRhonda Weir, Box 273. 4. Law Revue Professor Atleson has expressed his interest in holding a talent show. Inpast years, ithas been called "LawRevue." The SBA istrying to find out if there is any student support for this. If you think this is a good idea, or want to get involved, please leave a note in Box 692. Let us know if you have any ideas, talent or backstage/lighting experience. Please hurry since we need time to make plans if the show is to be held this semester. THAT'S ALL FOLKS!! ATTENTION ARTIST TYPES!! The Buffalo Environmental Law Society is looking for a logo, and will be soliciting submissions from area artists and regular people. If your logo is selected, you will receive a $50 cash prize!! Submit your logos to a B.E.L.S. representative. There is no limit to the amount of logos one person may submit. The deadline for entries is March 12. ALSO... BPILP needs an artistic student to implement design and logo ideas for an upcoming fundraising drive. Interested individuals should contact Brian Madrazo, # 449. Tuesday, March 5, 1991 The Opinion 11 �ATTENTION! CLASSES OF 1991 & 1992 SPRING SEMESTER DISCOUNT WHEN YOU REGISTER EARLY FOR BAR/BRVS NEW YORK, NEW JERSEY, OR ANY NEW ENGLAND BAR REVIEW. If your registration fee is: $150 $100 $50 Your tuition will be: New York New England New Jersey $1095 $1145 $1195 $945 $995 $1045 $845 $895 $945 Note: Regulartultions are $1245 In New York; $1095 In New England and $995 in New Jersey. THE LAST DAY TO SAVE UP TO $150 IS To Be Announced BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 20 PARK PLAZA, SUITE 930 415 SEVENTH AVENUE, SUITE 62 BOSTON, MASS. 02116 NEW YORK, N.Y. 10001 (212) 594-3696 (201) 623-3363 (516) 542-1030 (617) 437-1171 (203) 724-3910 FAX: (617) 437-0698 (914) 684-0807 FAX: (212) 643-9460 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1991-03-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/5/1991 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/292124158ca70763fbba03491ba5486f.pdf 01e8dc5f680b5e14712f5a3ed67dd0f5 PDF Text Text THE OPINION Volume 31, No.lo STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 13, 1991 Violence Against Women Spans Cultures, Time by John Licata Features Editor On February 7, 1991 the Graduate Groupfo Feminist Studies presented "A Forum on Violence Against Women" as a means of bringing awareness into the university community and encouraging political activism on the part of the student. The forum was dedicated to the memory of Linda Yalem and to the anonymous victims of violence against women. Approximately one hundred and thiry five people were in attendance at the morning panel discussion. Hester Eisenstein gave a short speech outlining some of the obstacles that womenface in trying to mobilize a society that fails to see "male sexual violence as a sickness that needs curing." In her discussion Ms. Eisenstein compared the hurdles of the women's movement to those faced by the Civil Rights activists of the 19605. Ms. Eisenstein encapsulated the theory behind activism by pointing out that "what is, is not what has to be. We must reject the idea that men and women must live in fear of male aggression." Centering herfocus upon the SUNYBuffalo campus Tracy Sedinger described the vast difference between the rhetoric of the campus administration and the action taken to curb violence against women. Among the several dangerous conditions left unchanged are the sporadic Anti-Rape Task Force tables, the short schedule for parking shuttle service, the lack of any movement by the administration beyond a committee report on personal safety released on November 7, 1990 and the silence adopted by Public Safety concerning violent acts on campus. Ms. Sedinger introduced the morning panel as a "dialogue of diverse voices [deserving] serious consideration by the university as a whole." The four member panel represented women from distinct cultures and approached the issue of "Violence Against Women" with view reflective of their ethnic heritage. Yvonne Dion Buffalo, a Native American, described her aboriginal experience as one based upon an approach to the universe based upon relationships. "Mental, physical and emotional balance are required for an individual to be completely integrated into the community," she expressed herself in a quiet and regretful tone. Ms. Buffalo stressed a lack of hierarchy in the aboriginal perception ofreality which contributed to a complete approach to life achieving wellness with "values transmitted by the elders. It is the responsibility of the elders to educate men that violence against women will no be tolerated." Alexis De Veaux, a representative of the black woman's experience, read an impassioned narrative expressing the various forms of violence that are impressed upon the black woman. The white doll at Christmas, lowered expectations of elementary teachers, and the advice of a lawyer to "do yourself a favor, get on welfare" contribute to depriveher of a "face as she wants to be seen in the mirror." Ms. De Veaux characterized violence against the black woman as a terrorist constantly stalking herthroughaterrorist society entrenched with racism, sexism and classism. The fear divides "she who black on welfare from she who black got a job, she who black from the north from she who black from the south, she who black and childless from she who black got a child, she who black got a woman from she who black got a man," said Ms. De Veaux. In a contrasting style Luz Lopez used sarcastic humor to highlight the similarities between her native Puerto Rico and Buffalo. Given the opportunity to study in Buffalo Ms. Lopez expressed her then naive attitude that the "men in the United States are definitely not macho." The audience responded with laughter that underscored their common knowledge. "I found the same attitude here through my work at Haven House it's called chauvanism," explained Ms. Lopez as she held society responsibleforviolence against women. — Her final remarks concerned the need forapplicableideasto implement change in a practical manner. Sumitra Mukerji shared her dilemma •with the audience, "I tried to condense three thousand years of institutional violence against women. . in India into a ten minute discussion. I couldn't do it." Representing, perhaps, the most thoroughly stratifiedculture inthe world, Ms. Mukerji held the right to speak as the most violated right of the women in India. Citing four thousand reported "dowry deaths and bride burning" since 1986 as some of the most obvious forms of violence against women Ms. Mukerji estimated that the numberwas approximately one third the total figure when officallyunreported incidents are added. One of the many disturbing aspects of the violence is that it is occurring in the educated, middle-class homes creating a tacit sanction by society. The Westernized woman is the most common object of violence and daily abuse. Ms. Mukerji encouraged opposition to the politically structured violence at every level, "there is absolutely no other way. that is how deep the problem goes." After lunch workshops formed concerning violence against women in various forms including language, the media, legal issues and self-defense through self-control. . . Counseling Center Offers Variety of Groups by Steven Kaye, Ph.D. The following was submitted by the SUNY at Buffalo University Counseling Service. The life of a student is not always an easy one. There are papers to write, books io read and not enough time to do either. There are desired courses with limited enrollments, faculty and parents who try the patience of Job, roommates who never clean and roommates who always clean. In negotiating the slings and arrows of everyday life, students can help themselves'by making use of the resources available to them on campus. One of these resources is the Counseling Center and one of the services which the Counseling Center offers is group counseling. Group counseling conjures up different images in students' minds. Some students think of TV shows like Dear John or The Bob Newhart Show (the old one, not the one with Darryl and my other brother Darryl)> Others think of forced confessionals where shrinks extract students' deepest, darkest secrets, usually in small, enclosed dark places. Still others think of the West Coast and nude group marathons and EST and massage therapy in hot tubs. All these images are false. In group counseling 8 to 10 students meet face-to-face with a trained group counselor(s). They talk about what is troubling them and they express their thoughts and feelings about what other group members say or do. Interaction between group members is highly encouraged. For example, if a group memberfeels close to another person in the group, the member may be encouraged to verbally express that closeness to the person. Such direct contact provides members with an opportunity to learn more about the way they interact withothers. It also allows them to try out new ways of behaving in a safe, supportive setting. People who join groups are asked to keep the content of the group sessions confidential. It is not appropriate for a group member to disclose events of a group to an outside person. In addition, the group leaders do not inform staff and/or faculty that a student is participating in a group. Such information cannot be disclosed without the written consent of the student. Group counseling is particularly useful for students struggling with relationship difficulties. Students who are dissatisfied withtheir partners yet are afraid to leave, students who are too competitive or unassertive or fearful of rejection, students who have difficulties meeting new people or maintaining relationships, all these students can be helped by group counseling. For example, the student who has difficulty meeting new people will have difficulty meeting new people in the group. In the safety of a group, this difficulty can be explored and alternative behaviors can be learned. During the Spring semester the Counseling Center will be offering a number of different kinds of groups. There are theme groups which as the name indicates, are organized around a theme. The theme groups offered include an Adult Children of Alcoholics group for students who grew up with an alcoholic parent or parents and an Adult Children of Dysfunctional Families group for students who grew up in a family where there was emotional or physical abuse or frequent conflict. There is a Bulimia Support Group and a Transfer Student Support group for students who are new to ÜB. The Dissertation Support Group is for students who are working on their dissertations. In addition to the theme groups, there are general counseling groups consisting of students with a variety of interpersonal difficulties. One of the general counseling groups is for returning students and graduate and professional students. If you think you can help yourself by joining a group at the Counseling Center, we encourage you to call 636-2720 to set up an initial appointment. When you do so, please tell the secretary that you are interested in joining a group and if you know which one you want to join, let her know. At the initial appointment, you will discuss your concerns with a counselor and the two of you will mutually decide whether group counseling is best for you. Should group counseling be best for you, you will then meet with the group leaders and talkto them about their group. If you have any questions about groups at the Counseling Center, please call Steven Kaye at 636-2720. We believe that groups can be very beneficial to studentsand we encourage students to use them as a resource. HIGHLIGHTS Italian Loafer ..............pg. 2 Hate Letter and Dean's Re5p0n5e..........pg.2 Health Care Crisis pg. 5 Who's A Valentine'sDay Personals .................pg. 6 - �by John %. Licata Jeaturcs 'Editor ThIetaliLn oafer: Adventures of a Legal Gumshoe Claudette and I attended the workshop "Men and Male Violence" given by Lawrence Chisolm of the American Studies department. The American Studies department is another way of saying "Politically and Academically Dangerous Topics That OtherDisciplines Are Afraid to Handle Because of Possible Damage to Their Reputation and Funding." There was a line waiting to get in so Claudette decided to get some water leaving me to fend for myself. In front of the room I met an old friend and we talked about old times. Thankfully, she didn't make any remarks like "Gee, I'm surprised you would dare show your face at an event like this" or ask if I was going to be Exhibit A for group discussion. Before I could apologize for giving her cat an overdose of catnip making it permanently swagger like Quasimodo with Cujo's disposition, the doors opened and people filed inside. The room was one of those conference deals with soft chairs and four tables crammed together to give it that sort of pseudo-corporate-yet-academic look. Lawrence invited everybody to the table and the fifteen women and five men obliged him. After a couple hours of talking and blaming it on everything except bedwetting we agreed that a day should be set aside for the university to hold sessions and discussions to inform the students and staff of the problems facing women and men on campus. Claudette and I discussed the workshop onthe way back to the office. By the time we had coffee brewing on our anemic the exact same thing thousands of times. My lip was probably bleeding on the inside, but I was not laughing. We got to the essentials after that, he talked I listened. "I've developed some deep feelings for some chick..." We call them women. ". .sorry, woman and I don't know if she means yes when she says no or if no means maybe," he flounderedforwords. They didn't seem to come too easily. I let him flounder. Not out of any mean streak, while I do have afew such streaks, I just didn't know what to say. "You see," he continued, "I lost a girl once for trying to impress her with my knowledge of what she really wanted. I was always trying to interpret what she said because I've been told. ." and he was back in sea. I coughed in a manner I had seen in the movies when a man is about to give sententious advice. He continued before I could say a damn thing. "Have you ever lost a love?" I was coughing again. Eventually I responded that my car was dying and I knew it was only a matter of time before we would part ways. "A car? I'm talking about a breathing, living, emotive mound of romantic flesh. . machine we came to no greater depth of understanding otherthan we would have handled the workshop differently. But everybody feels that way after one of these things. I grabbed a file and tried to get some work done, Claudette went out to interview somebody. The short silence that followed was interrupted by a knock on the frosted glass in my door. I called out that it was unlocked, open it obviously wasn't. A man walked in. I recognized him from the workshop, but if he knew me he wasn't letting on. His face was clean shaven, his hair close cropped and he carried himself with a military air. Jock. I immediately threw him into a category of individuals that have been, with justification, roundly scourged by those not quite so full of themselves. He stood until I motioned for him to take a seat. The wood creaked under his rather large frame. I decided not to let him know what I thought of him. "You hate me because I'm a jock," he We call them human beings. said. needed work on first definitely my to I "... yeah, a person who touches your impressionisms. In a peace offering I soul. Haven't you ever had that happen. poured a cup of coffee for him, which he Then they leave and take a piece of you refused for health reasons. Strike two. with them?" So I sat down and asked him what his I pondered the metaphysical impossibility touching the soul of an obviously trouble was. "Caffeine bothers my stomach," he soulless creature and he thought I was considering his problem. In truth I'd explained. nodded as it was a concern of the question so I asked him though forgotten I mine. I had to start this one slowly, so I what he wanted me to do for him. "I want you to give me some advice. A asked him his name. "Percy Byron. Laugh and I'll kill you," therapist costs too much and I don't go in he said in a voice that probably had said for the group therapy deal. I'll pay you," . he said and reached into his pocket to make good on his offer. It was out of my hands. Had to accept his offer, bang- contract. He handed over a small fortune in neatly folded bills and I was suddenly imbued with hundreds of wonderful bits of acvice. It's obvious I just needed some motivation. "Can I call you Doc?" he asked as he strectched out on the couch in my office. Sure. I asked him about his mother, a sort of general question designed to give no real answer but take up plenty of the patient'stime. Bill-able hours is the name of the game. "Let's talk about something else," he suggested and I let him ramble for a while. He covered every topic I could think of relating to women and the answers I gave him were centered on his behavior, the onlything an individual can control in a relationship. He was brainwashed not byan oppressive society but from the peer pressure of being a stereotyped male with friends you want to impress. Play the hero, be the clown. "I guess I just have to be honest all the time then, huh?" Not unless you want to live in a monestary. Nobody likes honesty all the time. How doyou feel? is asked hundreds of times but there better not be any complaining or it won't get asked next time. But there is alevel of communication needed beyond eternal gender subterfuge, in a relationship you have to set the lines of communication open and leave them working. Otherwise it's a farce. "Boy, can you pontificate. I want an answer to my problem, my fears and inabilities. Don't solve the whole society on my money, Doc. Help me, please," he was sitting up but looking at his shoes. Hold himto listen to "And So It Goes"by Billy Joel. He sprinted out of my office, not even bothering to schedule a follow-up visit. Sometimes love can be a four letter word. Editor's Note: Last month thehate letter duplicatedbelow was placed in a student's mailbox following that student's participation in an anti-war demonstration. Excerpts of a February 1, 1991 response from Dean Filvaroff appear next to it. Dear Law Students: H p£AR LITTLE J-EWBOy^ laJE" do tior tolerate .rrwistf LIKE YOU H H H H H WHY PC? NT" AP.OVNV HERE. GO "£AC<c To VDf LOA/6 ISLANP WHERE ALL YOl^ SUMeY TEWISH VERM/N COME FftOM. PO NOT EXPECT TO GET AWAY WITH FZ_AC7 AkOUAID bvbNINC? TKIS HeRE. bFC/ii/SE la/steap of allou;j^g SHIT LUCE" YOU TTJ &URM THE FLA^ we will burn sou and all the Si>6i4i/man α-ew FILTH ukf you- IT IS O"UST TOO THAT HITLER COULPNT The law school is justly proud of its tradition of diversity and tolerance. The School and, indeed, the University have been spared some of the acrimony and viciousness which have occurred on other campuses across the country. We have not, of course, been immune from acts of intolerance and bigotry, but happily we have suffered fewer of them than others. Thus, it is with regret that I write to you today to report a recent event and to ask your help. One of our law studencs has received in his mailbox a brutal hate letter threatening physical harm. The content of the letter is vile and extreme. This cowardly, anonymous threat, with its attempt at personal intimidation, goes well beyond the limits of any acceptable conduct. Authorities are conducting an investigation, and if the writer is identified, appropriate action will be taken... I ask you to join me in denouncing this and any other such incidents. Of course, we all hope this repellent act is a single, isolated event, one not to be But this, and any other similar conduct, repeated. should it occur, are offenses that should be reported promptly to Public Safety and to either Dean Alpert or Dean Newell in Room 312. As a matter of honor and personal integrity, I ask each of you to report any information you may have which will help identify those who engage in such acts. Whatever the evidenced bigotry whether based on race, ethnicity, religion, gender, handicap, or sexual orientation it is equally despicable and to be condemned... — — FJ/VISH THF 3~OE>. Sincerely, David B. Filvaroi E Dean and Professor of Law 2 Wednesday February 13,1991 • The Opinion �RsTb W W ■ ■ ■ /k. fR! Ik'"' ■-■ B\ ■ llvSrabifl I J f A m I ■I Jr I v \l I llf'-VI M W W I I v 1f I m M ■ v v If m II V * I |1 c r r m VPV b i I # Friday, Mai-eft 15, 1991 ! PIEPER NEW YORK BAR REVIEW'S one day seminar will be offered 9:OO a.m. to 4:30 p.m. I (Happy SfcjJMMck* Day!) [ 1 I NASSAU TAPE: SUNDAY, MARCH 3, 1991 TAPES ALSO AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, ALBANY, BOSTON, BUFFALO, SYRACUSE & WASHINGTON: SATURDAY, MARCH 9,1991 i Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREEXo students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is Feburary 15,1991. The exam fee is $25.00. Late registration will be accepted until March 6, 1991, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 16,1991. For more information contact your Law School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-4311 U; j- ■ '•. .•. »}*'**'*e* vv<• %' ;, ■ , - ■ :.« • : % :•■'■ ■ '■'■ , .-'.. / ' ■'■-.>. . , • •'•' I I v' !'. \ -,->• ■■■■ ',-,,,,•■■■■ •■■ ....... ' ; .-■' •' ■ ■ ■--■ ...•■.■ ■ > ~ • I W ~ *8 �Opinion _JFi Volume 31, No. Februaryl3,l99l 10 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco jo hn B. Licata Michael D. Gurwitz jjm Monroe Ron Rusczyk Where Are The Voices? — J it should have been. Have we resigned ourselves to fate? Is our apathy, our lack of activity, a sign that we no longer feel ourselves capable of affecting, even In some small way, the actions of our country. Democracy is government by and for the people. It is the people who tell the leaders what to do, not the other way around. If the people of this law school have given up hope of influencing the course of this country's history, what does this say about the general population? The time to organize around this war is now, why the missiles are flying and the people dying/This is not a war between Patriots and Scuds— it is a war of human beings against human beings. We at this law school have a responsibility to educate each other and those around us of this terrible situation, and to ask accordingly. Let us not look back upon this war, as we have on so many others, and ask ourselves: how could we have let it happen? War, left unchallenged, has a nasty habit of repeating itself again and again and again and again... Staff: Nathaniai Charny, Lonny Cooper, Darryl McPherson, Pat Miceli Contributors: Steven Kaye, Hans Tirpak, Tom Winward and all you romantics ©Copyright 1990. The Opinion, SBA. Any reproduction of materials hereinis strictly prohibited without the express consent ol the Editors. The Opinion is published every two weeks duringthe academic yuear. It is the studentnewspaperof the State University ofNew York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The viewsexpressed in thispaper are not necessarily those of the EditorialBoard or Staff of The Opinion. The Opinion is a non-profit organization, third-classpostage entered at Buffalo, NY. Editorial policy ol The Opinion is determined collectively by the Editorial Board. The Opinion is funded by theSBA from Student Law Fees. The Opinion welcomes letters to the editorbut reserves theright to edit forlength and libelous content. Letters longerthan three typed double spaced pages will not beaccepted. Please donot put anything youwishprinted underour office door. All submissions should be placed in law schoolmailboxes 677 or808 by thedeadlinedate. Deadlinesfor the semesterare posted in the mailroomand outside The Opinion office, 724 O'Brian. T>i j. f\r \ Classes.- 1 I ;—I "1 So WXW ••■fU dreed, 1 I ' / y DtV.nJ >t> m»J I The Deadline for the next issue of The Opinion is February 25 at s:oopm Please submit articles to box 677 or 808. j 4 Wednesday February 13,1991 • The Opinion Weighty Argument Against Faculty Statement Dear Editor: The law of gravity discriminates against fat people and should, therefore, be repealed. Anyone expressing opposition to this repeal will be showing his or her discriminatory "weightist" tendencies. As with racist, sexist and homophobic ideas, any evidenced weightism is to be swiftly and openly condemned. From this point on, in this law school, gravity should be apportioned amongst students such that all persons weigh the same, with the exception of historically fat people who should be allowed to weigh less to compensate them for their past unfair treatment.. This repeal would fit nicely with the leftist practice of attempting to use the law to alter reality. Sincerely, Hans Tirpak A Valentine's Day Letter to Dean Filvaroff In the halls there is less activity, fewer signs are being posted concerning domestic issues and the level of organizational activism has decreased. Either student apathy has received a dramatic boon orthe Gulf War has tempered our ability to devote the intense level of energy necessary to promote the events that distinguish the law school experience. The Federalist Society, usually the sponsors of interesting debates, hasbeen dormant, and the National Lawyers' Guild has almost fallen out of sight. The Gulf War engulfs us, yet we are deprived of its details. Unfortunate as it may be, this is the first war that ever demanded the physical excellence of those journalists wishing to cover the frontline. Here at school, physical wellbeing is not required to participate in a discussion of the GulfWar, yet the only teach-in to date held in the law school was met by sparse attendance. For many of us, this war is the first we must confront personally as adults. All the other wars with such immediate impact were fought while we were children. All the other wars have become oral, video, and textbook experiences. All the other wars are what we studied, not experienced. This war is it is happening now, as you read this. different Why then, In the midst of such a momentous occasion, are our halls and classrooms silent. What Is the cause of such apathy In the face of so enormous a situation. To be sure, there have beep several demonstrations on campus, both for an against the war. But even then, attendance was a fraction of what . OTPHINEMAILBOX To the Editor: This letter is in praise of Dean Filvaroff's handling of the latest act of harassment within the law school. This may come as a surprise to many of you who have read my articles throughout the year and those who have heard my views about the infamous faculty statement. To those who recall my criticism of Dean Filvaroff's handling of the attack on the students on Coming Out Day this may even seem to be a contradiction. Allow me to explain why this is not the case. Dean Filvaroff's letter to the students, dated 2/1/91, in my estimation is precisely the type of reaction that was called for in October of 1987, but instead took the form of thefaculty statement. This school, the administration, the faculty, and the students have a second chance to address the reprehensive acts of a few (maybe one) students without trampling the rights of all students. In his most recent letter, Dean Filvaroff has taken an important step in doing just that. As per the Dean's request in paragraph 5 and my own feelings on the situation, I do denounce the actions of a coward, who vents his anger and hate on other students through anonymous threats. Also, should I come across any information as to the identity of the perpetrator of this act, as a matter of honor and personal integrity I will pass along this information. Asfor my opinion, my criticism of the response to the Coming Out Day incident and my praise of this letter hinge on one distinction: the presence or absence of mention of the faculty statement. The first was, to me, an opportunistic defense of the faculty statement while the latter is a denunciation of a depraved individual and an appeal to the majority of responsible students in this school. It was not an attempt to trample on the rights of the many in response to the transgressions of the few. I maintain my distaste for the faculty statement. There is, after all, a world of difference between the requirement that my "absolute right to liberty of speech must become tempered in its exercise, by the responsibility to promote equality and justice" and an appeal to my sense of honor and integrity to do that which is right. Where do we go from here? First, bring these problems out into the open where free speech works best. Bring them into the classroom; we are, afterall, an institution of learning. Don't banish them to sensitivity sessions as other schools have done or let them fall away into disciplinary hearings assuming the due process alluded to in the faculty statement provides for such things. These are breeding grounds for the underlying hate that is the cause of these problems. Second, recognize that hate is not exclusive to women, Jews, homosexuals, blacks, asians or other "historically oppressed groups." Hate is an unfortunate part of human nature that in the end occurs between people. The faculty statement, and to a degree Dean Filvaroff's letter, treat hate as a problem between groups by treating racist, sexist, homophobic and other anti-group hate as somehow different. This falls short of contending with the emotions of hate which, unlike individuals and groups, does not discriminate. I thank you, Dean Filvaroff, for putting this school back on track by focusing the bulk of our attention onthe hateful acts of an individual. I only wish that this approach had been taken 3 1/2 years ago. I hope we will continue in this vein to address the problems caused by the few without compromising the rights of the entire student body. Tom Winward ' aSSi^mtnb! NOTICE: STUDY ABROAD The University of San Diego Law School will offer clinics in London, Mexico City, and Paris this summer, as well as study by the English tutorial method in Oxford. In Paris and London, second-year students may work for credit in law firms and corporate counsel's offices specializing in EEC law and international business law. Thereare also Paris internships with international organizations. Most of the placements last six weeks. The student's work depends on thelegal problems in the office. Students can expect to doresearch and draft contracts, opinion letters, and memos. They may participate in client interviews, negotiating sessions, and firm strategy planning meetings. Available to both first and second year students are London credit 6-week internships with barristers that cover a full range of English trial work, and non-credit internships in Mexico City with international law firms. The Oxford tutorials allow the student to study law in the English manner, researching and writing papers and discussing them one-on-one with Oxford dons. The clinics and tutorials are in conjunction with USD's 6 summer programs abroad. They are in Dublin on international human rights, London on international business, Mexico City on law of the Americas, Oxford on nonbusiness Anglo-American comparative law, Paris on international and comparative law generally,and Russia-Poland on east-west trade and socialist law. For further information, write Ms. Cindy King, USD Law School, Alcala Park, San Diego, CA 92110-2492. �GROZ UND ERO Ask Not What You Can Do For Your CountryAsk What Your Country is Doing To You by Michael D. Gurwitz Layout Editor What the hell is wrong with this country? I've no doubt that almost everyone whom fate has seen fit to deposit in the United States has asked themselves, at one time or another, this question. I've also no doubt that, given the diversity of opinions in this country, people have asked themselves "What's wrong..." for all sorts of reasons. For example, it is a historicalfact thatfollowing the police riot at the 1968 Democratic convention in Chicago, and following the Kent State killings in 1970, therewer3 people who shooktheirheads and said that the demonstrators and students, respectively, had it coming to them. And I'll bet you my newflag decal that a good number of those people watched the news coverage of those tragedies and asked themselves, "What the hell is wrong with this country?" This editorial is not meant for those people and their modern day representatives. This editorial is for those people who believe that our political leaders have cynically used the concepts of patriotism and communism for their own greedy ends. This editorial is for those people who believe that the tremendous resources of this country—its people, its raw materials, its wealth— are being bled dry by and for the benefit of a wealthy few. This editorial is for those people who believe that the Right is Wrong. In short, this editorial is for those people who have somehow managed to look beyond the chicanery of the red, white, and blue and see with clear eyes. Angry? You betcha! I'm like Jay Leno—l've got a beef (only in my case, it's tofu.) Malcolm X was once referred to as the angriest black man in America. Sometimes I feel likethe Jewish Malcolm X. That's me—Moishe X! What got me started on this tirade? National Health Insurance in the United States, orto be more precise, the lack of it! It was reported by National Public Radio that, in addition to the approximately 37 million Americans who have no health insurance, middle-class Americans—those with steady jobsand homes—are now beginning to lose their health coverage and joining the ranks of the unprotected. The fact that 37 million poor Americans lacked health insurance is an outrage. The fact that they are now being joined by middle-class Americans is an unpardonable crime. Instead of making things better, our government has allowed things to get worse! The factors involved in this calamity are complex, but several stand out. It's no secret that underthe Reagan Administration, social programs were cut or eliminated in favorof feeding our already bloated military. People just getting by on the cruel joke known as the American Welfare System suddenly found the last threads of the "safety net" pulled out from under them. Reagan's "Welfare Queens"werenowforced into choosing betwen feeding their children, paying the rent, or seeking medical attention. Hospitals began turning away patients who had no insurance, and it was common to find sick and injured people languishing for hours in crowded clinics and emergency rooms. Meanwhile the fat cats who make and sell weapons (our"arsenalof freedom") got evenfatter. The present health insurance crisis— the oneforcing middle -class Americans into the same desperatecircumstances as poor Americans—is being fueled by skyrocketing health care costs and concomitant reluctance by the insurance industry to extend coverage to a growing number of people now classified as "risks." In certain cases, insurance companies are delaying, or even refusing to pay, medical bills ofpeople already covered. Insurers are using every means at their disposal—including well-trained lawyers—to nit-pick their insured to death. An example of the devastation being wrought by the current crisis: a middleclass family out west lost their health insurance coverage when it was revealed that one of the family members had a prior medical condition—insignificant in pre-crisis days—that invalidated their coverage. One of the children in the family developed leukemia. By this time they had gone on Medicade. They were told by their doctorthat the only chance for their child's survival was a bone marrow transplant, a very expensive operation. Too expensive, it turned out, to be covered by Medicare. In desperation, the parents appeared on a local television station and appealed for money. They raised $200,000 and their child had the operation. Unfortunately, it was unsuccessful. The point of all this is not to demonstrate that private contributions are superiorto guaranteed health insurance. It is to show that a family was forced into a situation wherein theirchild's life depended on the charity of strangers. This family was lucky enough to raise the money. Other families have not been, and will not be, as lucky. Luck. Is that what we have to depend on? Will we be lucky enough to appear on a television show and begfor money? Will we be lucky enough to move enough people to give us money for an operation? Maybe we'll be lucky enough to avoid ever being sick or injured, and just forget about the whole thing. But why should luck have anything to do with it? Why should health care be a privilege, and not a right? In America we have the most rights in the world. That's what I was brought up to believe. Lemme see, what rights do we have? We have the right to be protected by nuclearweapons. We have the right to tinker with a Strategic De- fense Initiative. We have the right to smoke tobacco which is subsidized by our government (we also have the right to get cancer and pay hospitalbills which are not). We have the rights to Patriot missiles and B2 bombers and napalm and gas masks and camoflage clothing and body bags. We have the right for our government to spend $300 billion on "defense" in the coming year, but we do not have the right to guaranteed, topquality health care. Something ain'tright. Ourgovernment funnels ourtax dollarsby the billions into the Department of Defense, which should more aptly be called the Department of War, but when it comes to National Health Insurance, they cry poverty, orworseyet, socialism! Therein lies the irony and the shame, for in this country, it's patriotic to have socialized warfare, but anti-American to have socialized me_djcjne.. Pentagon brass and right-wing ideologues tell us that the military exists to protect our lives, but if they really gave a damn about our lives, they would make sure that every man, woman, and child in this country had access to safe, quality health care. It all boils down to priorities. If you put aside the rich arms merchants and the fanatical right-wingers, who have their ownreasonsforsquanderingour nation's wealth on weapons, you are left with a sad but inescapable conclusion: the people of the United States believe that it is more important to spend money on weapons than they do on one another. Maybe this is a result of clever propaganda, maybe it'saresult of widespread testosterone poisoning (just go to a proOil War rally and you'll see what I mean), or maybe it's just a horrid legacy of our puritanical origins. Whatever the cause, it seems to me that the United States is very good at killing people, but very bad at saving them. So I ask again: what the hell is wrong with us? The Politics of Patriotism By Darryl McPherson Staff Writer If there can be a catch phrase for this war, it's "I support ourtroops in the Gulf." It's a phrase bandied about by those on both sides of the debate, an attempt to prevent the emotional devastation left by the Vietnam War. I don't doubt the sincerity behind the words; I'm sure anyone who would bother to utter them would mean them. Yet the statement isn't absolute. In this war, in this world, nothing is. My feelings regarding the war are mixed at best. I'm not—I can't be—firmly entrenched on either side. Before the war, I supported George Bush and his actions in the Gulf (much to my horror). But slowly, I came to see thatthis country was on a dead end path to war. I saw Bush steadfastly refuse to use every last available method for peace. I don't care what anybody says, we did NOT exhaust every possible avenue for a peaceful solution. I believe the setting of a deadline closed the door, and made war a foregone conclusion. Atthe same time, I realizethat we may have had no choice but to go to war. Saddam Hussein had to be dealt with, and the problems in the Middle East have been simmering for quite some time. I doubt anyone could've prevented it from eventually boiling over. There was going to be a war, no matter what. It was just a question of when. The problem is that the passing of January 16 brought on the war, but it didn't eliminate my doubts. America fired the first shot. I though we didn't do that kind of thing. Sure, Iraq invaded Kuwait first, but that was months ago. Saddam Hussein proved he was a barbarian, did we have to follow suit? (That's not a suggestion that the American forces are barbaric, rather a criticism of U.S. policy.) Now that we're in it, I want us to win it and frankly, I don't care how we do it. However, I won't walk in step and declare George Bush a good leader. I know a betterpresident could have avoided this crisis, and if it couldn't have been avoided, a better president may have brought us into it in a more palpable manner. There was too much immature name calling, macho breast beating, ego and pride guidingthe situation. These are not the hallmarks of a respectable president. I'm not a hawk, nor am I a dove. If anything, I'm an owl, still a predator, always observing, always dangerous. There is no neutral position. You can lean more in one direction than another, and that stance may not be firm, but no one stands safely on the sidelines. As in most political debates, the sides are polarized and uncompromising. Those in the middle have to protect themselves with comments like, "Philosophically I'm against war, but..." and "I support the troops so much, I want them back home safely.." People have taken to the streets on both sides to airtheir perspective on the issue. Anti-war protests and so-called support rallies inform the world how various people feel. They provide forums for emotional discourse and collective strength. You wouldn't catch me attending one for either side. I can't gofor pro-waractivities because they are outlets of overly patriotic posing. To me, America and the United States government are two differentthings. One is great, and the other can be abhorrent. I can support and hope for a massive American victory inthe Gulf, while utterly rejecting the American policy that put soldiers there in the first place. I'm not consumed by Vietnamguiltthat compels me to publicly "support" our troops. My sympathies go out to the appropriate parties and I would never badmouth a soldier doing his or her duty, but how much more do I owe to someone who should be intelligent enough to realize the diverse sentiments this issue would bring to the national forefront? Anti-war protests are curious things. They are the stuff of dreams, a pursuit of a lost ideal. True, they helped end the Vietnam War, but personally, I believe it's too early in the war for them to be effective. Public support for the war is too high. There are too many "professional protesters," those who protest any and every action by the U.S. government or any other corporate body deemed to be politically incorrect. I won't dispute their right to speak, but if they speak too much, those with the power will stop listening, and that helps no one. Myadvice to anti-war protesters, adopt the American flag as your symbol. Cherish it, protect it, respect it, and rememberthat it's yourflagtoo. Burning it only serves to inflame people who may otherwise be on your side. The flag is a symbol of your liberty to speak out, a symbol of what you want this country to be. Patriotism isn't a warrior's concept. It's a value to be held dear by all peace loving people who are proud of what it means to be an American. I love this country, I hate this war. Wednesday, February 13,1991 • The Opinion 5 �l?§y More WJ S3&)X W& SW /T7 --? Ot «TVI Sfl \\s r, VJX _f • £?■ 'IP \ t&P^l SW .*—. { I i \ ' •«■3 'i : / * /£'■-. \ a 11 Jftl ..*&*2 \w |W \1 *>■*£$**■ vf\l<; 1 fs. v \\ \ v / > ""'>fc / ■. W*T' • I X " y'f V \ V —The Lolly Pop Girls '■ j A .<£%s ~.,. « ; . iJ ? / ./^""""■-. ■a**-'"'-. V"li < ■*.*'"#«• ls ofe** *■ \V \ „ %¥• F.-\ \ \ Hi f / / 'vCT" / .:£ ijggr y , KX&i M -' c- t\'t?i». • — You still make us drool Red + Matrix — sincecontracts.thewayyou described promissory estoppel REALLY turned me on! I tnink you're the dreamiest, you look like Your. Blue Belt: You're my karate king— Long Wang lives! '■ \ . / / Stop by some time for a few laughs & some cinna- mon rolls Class —Evidence \ >•-- \ Hey Buzzard:. *Z...4? S You may never see this \ ; adorwanttobelieveit...but ; M -^^'?' *X #\ tne truln is sti care or V \ \ \....s ! '' f <** / f. ''sjE~--\ John C: ..i. 4 '■■££&'*• / L \ / % / ~-&$? \"■ ~ ? •**,«* f/ -ftiC* fv \ / Vv*-'" v J \>s*v. /"" \_ / < •■. IIP*";' ' "\ /,. | V ° I fQ^L 1 V\ j A „ ;•,:■--<' V\hot if f\ \ '' <g*y / | ' g£ viscious and snide. With our lack of imagination, we couldn't let it slide —The Baldy Crew ■ aS#Jv We have shared much, learned and loved. From Bear Mountain to Watkins Glen, we have formed a bond that Will never be broken. . —Jewish Boy — PlanetJanet: Love that chalk mark! —Statutes class O Master of Time! Thou turnest seconds into hours, and hours into days. Thou art etern''y personified. Pamper me baby! —Dumpy —Red & Matrix -V : ;-9 taped over all of your I Star Trek tapes in order to reoord a "Who's the Boss" marathon last week. Do j you still love me? Wednesday February 13,1991 ' —Bookend #2 To all the women of Section 3 and significant others! Happy Valentine's Day. —Your friend Michael O. (the guy with the hat) — ■ Bruce: Will you lick my toothbrush? —Howdy Doody ,/?r3§^kv—-^^s^ $M?ffl&sis&HlaP Tara Is it true?Can it be? It's a video bloopa! Have you given your heart to a Nepalese sherpa? 1 ex: Alex A Wait for me outside the library on Valentine's Day _3 p m We N just te|k p, ease be here —Charles Shayne' You are valentine Frenchy: . honey .p ie| my bug-head and my You're really quite dapper Withfootwear so hip But you'd sure look older With more hair on your Big Eye BoQ love You _^ Section 2 Parties Rock!!! Thanks Jamal, Karl, Leshawn —The First Year Class GS' | wonc|er what would have happened if there was no Giovanni's. Happy Valentines Day, I love —lerk Iwentdowninaballoffire.andnowlieinaheap Je This is my last chance, please, please be my Valentine. —V —— Shirley: —Gallant . Mm,hmmlSometime,somewhere,guitar,wine & what? Mm, hmm! Happy V.D. I T.J.H.: — love you, will you please tell Angela to kiss my —Love, M.M. — You don'tknow me, but I Valentine's Day. pgp c |_c p ue . ff: . Grade 2nd year: likes you lots. Kisses and lust. Bubby: Roses are red Violets are blue You are indubitably My Sweet Baboo. —Love, your Shmaltz Queen —— Raymundo: — It's a totally different egg happy Valentine's day and remember the birds waaaaaaa. a house tonight and /=s*cS«k ejLa Iw' tfJS_ W*«slsi*3 WMJFjEf. J /J J I -???- — Claudette: You've abilities beyond counting, And friends by the dozen, But from tasting your brownies— Get an Easy Bake Oven. JBL Maria (3rd Year): Hey baby silk screen me a shirt & whatever?! Roger D. —KSM —— Thanks for proving truly blonde. -Cheektowaga Elementary sth grade class Dave: I can't wait'til November 2, Rebecca: You're such a cutie! Jim is a very lucky guy. It'll be a shame when you graduate and can no longer feast my eyes on you. —Anonymously yours 11, bb! llr"a Nilm mi \, I T| *>ag Laurice: You have touched my soul, too. ** -An admiring student Betsy (3rd Year): Hey baby, make lots o'money & support me! —Surfer Dude Margie O.: We all love you. Happy V.D.?!? Ha Ha Ha Ha — Da Hogs You have elan, a man of great style. As your class we enjoy, staying a short while. —Your class at night —■ • The Opinion , longer abide. Who LuvsYa? Do! —That's Who! (Eva Take rrTTJ Wade: . Debbie: Can you ever forgive me? Do you wish you'd said no? If you knew at your wedding You'd end up _J_ in Buffalo? of ashes. Only youcould rekindle the fire. Happy —M.G. ——— _ I'm naming all six of my sextuplets after you —A woman you met [just once. — Goofus: One's treatment of people shows the mettle inside. The hollow excuses you're giving HI no I . "«»• I You are the light of my life. cannot waittil the day we get married. —Love? If we just had a rope You'd sure be dead meat. —U.B. Law \~Mr'lll^^^^^^ MkoX^—'^ you Marc B.: Tupperware 9: Your comments in class Have us all out of our seats Eva&Pam: . .v •, aplomb-no, v It~ns with special itvs closer .i to gloatwhen a movie is mentioned its your cue " Catholic Girl: M.S.: Wanna come over to my study dicta and holdings? , T~k i time. I y'ou| witn a our ba S9a9 e m surprised that we've managed to become such pals. Let us keep the hope that we continue not to mope at the same —' —I You're so vain bet you think this personal's for Don,t y° u? Don,t y° u y° u? \ Dot: Looking forward to lots ,a\ of lau9hs, bowling, and quarters at semesters end. j^K--.."^•\-'i-..-s..V N '*'■■&•■'"- You're mean, unclean, _ Saddam: —B.C. D.G.: A man so unique, cultured and refined. With your buttoned down shirtsand shoes all the time. jCr change in —WEN Help! Desperate! Sinking fast. Help. Wesuremissyourlaughsocomebyordropaline. Selina & Christina: Yeah, right?! Ha, Ha, Ha, Ha, Ha! As you ride into the sunset toward that coast in the west you can always tell people "Well, tried my best." YoU rs Truly, Friends of Linda. —SA — — 7 Steven S.: TALSW: m know you! Gary: \ ■■•''/ *£? ..-'.■• TZ*. / .Jm While you espouse Marxist Dogma, are radical Mike A: I / we can continue our friend- I may not know you now, but I'm sure that will June. ship sj_ejy. *' nair. Thanks for all the memories and memoir material, and preach restraint, we're sure you like Colin P., and think Ron Reagan's a saint. —Your Readers you very much & only hope I'SWf;f:y- . I '' " * You're consistent, handsome, suave and debo- Mr. Zero: —A Ha (Ha, Ha, Ha) \ Jodi: 7 Mike A.: —The Library Crew Mmmmmm.O.K.! —Willy 4 $ love you. 77; 7. Milano Z Cookies: If you invite me, 111 come for Passover, but not as the driver! Happy Valentine's Day. —Peace —T.W.9 Barbara & Colleen: Ethel: �' Marc B. 77; — Such a prolific writer Valentines by the pound. To omit one's better half is a policy unsound. -Dale I ■— Piero: I've had a crush on you —Love, »/- — I've been locking in my freshness much too long. Release me. .sfev Chipper: (^^r^mwmk \\jsL^ Jodi: Your smile is sunshine, Your dreams so ambitious But you balance the scales being so mean, nasty and vicious, vicious, vicious. —Maybe the Baldy Crew you vicious, vicious, — Bark, bark bark- that means "I love you" Though the mountains may slip into the sea below, Whether we pass in Valhalla's halls or the valley of darkness, we'll still simply say "Hello." —Hello Again — You could be dancing on tables or telling Annenian fables, you'll probably be gossiping on the phone, if you're spending Valentine's day alone. — W.M.: —Maria Happy Valentine's —Snuggluffabunny KimS.: You know you want me. Serenade me with a ukelele At the layout, you always rule 'Tis not thy birthright, O Stubborn Mule! Rhonda: Hose that thang! | want to shine your Italian loafers -. Secret Admirer * Jonn L Dear George: —Your Chicago Buddy Scarlet: With yourmercurial mens rea and spirit untamed, While I'm nojudge of friends, You're doing a good job just the same. JohnL: Ponch from CHIPS ■>'"'' ■' —Your secret admirer IOayilove you very, very much. " Hurlie. -J Bl —Love, Lissard Mrs. Ulmer: YourlastfreeValentine's y°u were t0 nave Da yone last "Whirlie," I know it would only be with Bobby / "Sf 1 jf* ~ ; —zr~. Happy Birthday —Love, T. >tf£.. ~> :±J '\. Jr#-~.N4 % / * Hf iI of /I MtUn / \ ■ Hit / \. I things have changed. Have a wonderful Valentine's Day and a very ' SMC Chick: You conquer your problems Upon a challenge you thrive Don't worry about the future Single homeowner at 35. -Albert You still mean the world to me. It's just that Hey T' / '"•■,». I hope adjusted your seat properly. Stop in and see me at Bart's Bicycle Tara, John, John, Chris: Happy Valentine'sDay vicious people. —Jodi «&SS\ *£>? \V I m—Lady -v\ ..3gk r • Fanatic Admirer: Are you as sexy, attractive, and funny in real life as you are on paper? doubt ...■■"■"/ -;::-..,' ■"" ; .'sx /" \ WeLuvYou - Afr. V"» Mike' few weeks. ?!XOK Dear Leonard: I've been waiting a long time to meet you. took a number like you suggested, and now my time has come! HI be waiting... —Edna, #604 Lissard' Love You —Your Little What Not f Marilyn Q: Happy Groundhog's Day —DanQ — Oh, wait — Yes I can! It's been swell, keep in touch. you I I _M V. • can't imagine living without Sheriff Truman' love you Jr* \\ — how will you know Happy Day sweet friend who thisis? Lessee...the only person who walked dobie with you perhaps. Scratchy: Yes please. Chris \Wkio, \\ \l /rit\S* I. / A 1 I lf% gs. WatkTvL '"'■■<JF~-Z\ W I a A fa _WO\li /^ ™ (f I ILifti , r»-\«?V^. V./ ia f I* C/\ /*>/"k n ( VlVy \W H? V /"» /fVL NJ \J * Py — : lemonade? \£§@3 ltcny Scan: My children are heckled, my house has been egged 'Tis true on my contract you could claim l' Ve ren eged; But please call off the lawsuit- I've nowhere to hide. So missed by two feet- I'm I sorry. —S. "Norwide" Sue Z., Section 3: ss ss ss ss i ' j ßl_. _!kSM' Thanks for being a supportive friend these past I wee, wee, wee!! Love You! 1991, but until then -Kathleen p.s. you make everyday Valentine's Day. Jodi: Throw Grog, throw! Throw throw throw throw throw throw! _ Dave: You had your fun, the Giants won All we can say this Valentine's Day, Is that you're still in Buffalo and not Tampa Bay! Dana: You are the most beautiful and sexiest girl I have ever laideyes on. It's a shame you're taken. See you in family law. —A secret admirer Jackie' You sexy littlegymnastyou!! You drive mewild. —Peter �sdfasdfsdfsd The Docket What: When: Where: Blood Drive. February 12 from 10:00 am - 4:00 pm. First Floor Lounge, O' Brian Hall. What: When: Where: Lowdown Free Training forLegal Advocates for the Homeless. February 12 & 14 at 12:00pm -1:45 pm. Buffalo City Court House, 50 Delaware Aye. Free training in order to help people more effectively advocate for the homeless. - What: When: Where: Lowdown: Paul Muldoon, environmental activist. Wednesday, February 13 from 2:00 4:00 pm. Faculty Lounge, Room 545, O'Brian Hall. Topic: "An Environmental Bill of Rights for the Great Lakes Basin." What: When: Where: Jessup Moot Court Orientation Meeting. - Wednesday, February 13, at 3:30 pm. First Floor Lounge, O'Brian Hall. What: When: Where: Students for Constitutional Concerns Meeting. Thursday, February 21, at 5:00 pm. First Floor Lounge, O'Brian Hall. What: When: Speaker - Venerable Lobsang Jinpa Friday, February 22, at 2:30. - Jodi: Give it up, darling- It'sall in your head. There's no way on earth That you should be wed! —Still Not the Baldy Crew Rodger: I want you, I need you, I love you. —Yours truly, Elvis. Brian M: Though you claim to be blameless, I still have the blues, In your absence I'm dateless —Your love, Syracuse. Dear Guildsters: Tho' th harsh waves of public scrutiny May beat mercilessly on thy halloowed shores The shining beacon of truth and justice Shall shine for ever- more. —Love, A former membership director and devotee Ruby C: Ooohhhh, oohhh! Happy V. Day Maria: Marry me and bear me many children. A sonbear me a fine strong son! —Olaf Kelly Sec. 2 (red hair): Oohh Roger D. We thinkofyou when we spurt shampoo.Keep it clean. -Jersey St. Juveniles - Alex: Domesticated or not Luvs ya anyways. —ABC? Mikey, J.D. + M. D. = love and $$$! Tawny M.G.: Je t'aime.. .beaucoup et beaucoup. MW: — 1436. 143(11). 1438. 4352? 4? YW baby: CPG's? —ILM Particularly during these times of war, winter and the tortures of school itself, It is a joy to have a tremendously fabulous babe like Christine D. Shining brightly through the gloomy days. —Love a secret section 2 admirer Bernadine: The hogs love you! Josie: Take me out sometime?! M.K. — Craig: Bob Squared (Bob2) Section 2: Take me to paradise in your 'SAP'mobile this Valentine's Day. —Your Taiwanese Tigress Susan (Secton 3): Blow him off! What abbut me? Leeann: don'treally know you, I'm told you're quite shy YetI you've captured my heart Would please The party ma-chine- —xoox Suite 303 Clinton: Someone must love you?! —XPSYLKU KimP: Yer the best, and I love you. What: When: Where: Lowdown: SASU and USS Legislative Conference. February 22 - February 25. Albany, New York. Youcan get more information on this conference by calling SASUat (518 465-2406, or Ardeshir in SBA at 636-2748. What: When: Where: Lowdown: Presentation byPaula Ettelbrick,Legal Director ofLambdaLegal Defense Tuesday, 2/26, @ 8:00 pm. Room 108, O'Brian Hall. Ms. Ettelbrick will be speaking onher organization's efforts to expand th< legal rights of gays and lesbians. What: SBA Budget Proposal Deadline. March 1. Groups who expect to get money from SBA for next year will have to submitproposals, and show up to justifygetting more moola for next year For more information, contact Brian Carso or Taunya Hannibal. Lowdown: PUBLIC INTEREST/ PUBLIC SERVICE LEGAL CAREER SYMPOSIUM This year's program will be held on Thursday, February 21, and Friday, February 22, 1991. The Symposium is designed to provide students withan opportunity to participate in individual interviews and small group discussions with attorneys and to attend panel discussions on topics related to various aspects of public interest and government practice. They will have an "Open House" format so that students may register at any time on Thursday or Friday. Information on the employers conducting individual interviews and deadlines will be forthcoming. See poster and brochure outside room 308. There will be vans heading down to NYC on Wednesday, February 20, and returning on the evening ofFriday, February 22. If you are interested in reserving a space, you must sign the interest sheet in CDO or in room 509. A non-refundable deposit will be required. Kellie: To someone elegant, charming and witty: How 'bout dinner for over a Coleman at Tent City? —Not the Baldy Crew Faculty Lounge, Room 545,0 8rian Hall. Jinpa will be speaking on "Forbidden Freedoms: Life in Tibet Under China's Control." Sponsored by the Graduate Group on Human Rights Law And Policy. When: BPELP needs an artistic student to implement design and logo ideas for an upcoming fundraising drive. Interested individuals should contact Brian Madrazo, # 449. explain why? —Lost in your smile My Little Whatnot: A toast, to us Flush! than pizza! —Willy M. — I love your even more WARNING! Last Wednesday and Thursday nights, February 6th and 7th, more than 10 cars parked in the parking lot of the Central Park Grill (a.k.a. CPG's) had their windows smashed in by vandals. Though most of the damaged vehicles were parked in the back of the lot, it may be wise to park in the street until the situation has been , Where: Lowdown: The Graduate Group on Human Rights Policy and Law (The Graduate Group) has scheduled a Human Rights weekfor November 12-16,1991. Other campus groups including Refugee Issues, Human Rights Theory, Social and Economic Rights,Latin America, and Rights ofIndigenous Peoples have joinedthe Graduate Group in sponsoring events and discussions of various subjects. "We need people with these interests whoare eager to help plan and coordinate an event to come forward," explained Joy Mautner, an active member of the Graduate Group. The Graduate Group is actively soliciting additional working groups to organize presentationsor speakers onany specificarea ofinterest dealing with human rights. Last year the same group sponsored a Human Rights week and was successful in gettingRandall Adamsof"The Thin Blue Line" fame to speak with UB students about his experience with the judicial and penal system. Any interested person is encouraged to contact the Human Rights office, room 408 O'Brian Hall or 636-2073 and speak with Joy Mautner. FREE! westLaw Software and Passwords Today, Feb. 13th 9am-spm Who: All Students, especially Ist years Where: Student Mail Room Stop by to pick yours up! Also, stop by to find out how you can become eligible for a $10,000 scholarship from WESTLAW resolved. Wednesday, February 13,1991 • The Opinion 7 �ATTENTION: CLASSES OF 1991 & 1992 SPRING SEMESTER DISCOUNT % fir J§ PH B ■ W Jj W WHEAT VDU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, OR ANY NEW ENGLAND BAR REVIEW. If your registration tee is: $150 $100 $50 Your tuition will be: New York $1095 $1145 $1195 New England New Jersey $945 $995 $1045 $845 $895 $945 Note: Regular tuitions are $1245 In New York; $1095 In New England and $995 In New Jersey. THE LAST DAY TO SAVE UP TO $150 be/}«Nwcet> BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 20 PARK PLAZA, SUITE 930 415 SEVENTH AVENUE, SUITE 62 NEW YORK, N.Y. 10001 BOSTON, MASS. 02116 (212) 594-3696 (201) 623-3363 (516) 542-1030 (6*7) 437-1171 (203) 724-3910 (914)684-0807 FAX: (212) 643-9460 FAX: (617) 437-0698 I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/37af28278fab25cc02de2bf18a91a5cb.pdf 4f03000d57bd10873df3130d75cca130 PDF Text Text THEOPINION Volume 31, N0.9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Februarys,l99l Symposium, Award Ceremony to be held next month By Ilene Fleischmann Executive Director UB Law Alumni Association A panel of legal experts will discuss the impact that the expansion of criminal law is having on other areas of the law, such as banking, employment relationships, property rights, civil rights, evidence and environmental law, at the 15th annual UB Law Alumni Convocation. The morning-long symposium will begin at 8:30 a.m. on Saturday, March 2, at the Center For Tomorrow on the UB North (Amherst) campus. At a luncheon at 12:15 p.m., immediately following the convocation, Hon. M. Dolores Denman, Associate Justice of the Appellate Division of State Supreme Court, Fourth Department, will receive the Jaeckle Award for 1991. Named for UB alumnus Edwin F. Jaeckle, Class of 1915, the award isthe highest honor the Law School and the Law Alumni Association can bestow. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and to the legal profession. Past recipients include Hon. John T. Curtin, Manly Fleischmann and Hon. Michael F. Dillon. According to Anthony J. Colucci, Jr., president of theLaw AlumniAssociation, Justice Denman was selected because "She has excelled as a lawyer and judge in both trialand appellate courts at every level. Named by Gov. Cuomo in 1983 as the first woman in the state to be given permanent status in the Appellate Division, she is widely known as a hardworking justice who can quickly identify problems and issues. Her opinions, written with precision and clarity, reflect a broad understanding of the law and the ability to enunciate its logical progression, from one concept to another. Hailed for her scholarship, she is noted as well for her compassion." Hon. M. Dolores Denman This year's convocation will explore how the expansion of criminal law requiresthatwe reshape the ways inwhich we thinkabout and protect rights. Prosecutors, defense attorneys, a judge and a law professorwill discuss issuesrelated to these changes in the law. Dianne Avery, a law professor, and Paul J. Suozzi, of Hurwitz & Fine, P.C., serve as co-chairs of the convocation committee. Mark J. Mahoney, criminal defense attorney for Bermingham, Cook & Mahoney, P.C., and president of the New York State Association of Criminal Defense Lawyers, will present the issues and speakers. In addition, panelists and topics are: Sheila A. DiTullio, assistant district attorney and chief of the Grand Jury Bureau in the office of Erie County district attorney Kevin M. Dillon, will discuss "Prosecuting State Crimes." Her topics include the grand jury and its role in the criminal justice system; obtaining immunity and advising the nontarget witness; the media, the grand jury, and the community; and criminal prosecution of environmental and workplace hazards. Joel I. Daniels, a criminal defense attorney, will discuss 'The Defense Attorney's Perspective." He will cover entrapment; insanity pleas and psychiatrictestimony; and preparing expert psychiatric witnesses: impeachment concerns. Hon. Joseph P. McCarthy, Erie County Court judge, will discuss 'The Role of Judicial Discretion." Among his topics are jury selection: challenging the preemptory challenge; evolving evidentiary issues: from preclusion to inclusion, from corroboration to validation, expert opinion testimony/eyewitness identification; and legislative restrictions of judicial discretion in plea agreements and sentencing. Kathleen M. Mehltretter, assistant U.S. Attorney, who is chief of the criminal division in the office of U.S. Attorney Dennis C. Vacco, will speak on "Prosecuting Federal Crims." Her topics include parallel civil and criminal proceedings; prosecution of SEC fraud; federal forfeiture statutes: bank fraud, money laundering, the innocent coowner; inspections by administrative agencies: FDA, EPA, DOL. Charles E. Carr, an associate professor of law, will explore 'The Impact of Criminal Law on the Community." He will discuss the erosion of Fourth Amendment rights; changing perceptions of rights by citizens; and the use and misuse of criminal law and procedures to solve social problems. An extended panel discussion and question and answer period will follow. The Law Alumni Association has invited all law students to attend the morning program free of charge. Students must sign up by February 22 in the alumni office (320 O'Brian Hall) so that adequate written materials and breakfasts can be prepared. Those students who want to stay for lunch and the presentation of the Jaeckle Award are also invited to sign up in the alumni officefor a lawf inn "scholarship." Many area law firms buy talbes and often have places available for law students. For non-students, the fee is $35 for 1990-91 UB Law Alumni Association members who have paid their annual dues and $45 for all others. The fee includes program, Continental breakfast and lunch. Even if you cannot attend, please consider sponsoring a law student. Firm tables for eight are available for $320. Please make checks payable to the UBLaw Alumni Association and mail to: UB Law School Alumni Office, 320 John Lord O'Brian Hall, Amherst Campus, Buffalo, NY 14260. SBA Debates Future Funding of SASU By Darryl McPherson Staff Reporter On Wednesday, January 30, the Student Bar Association voted to release funds it froze the previous week. The SBA held off disbursing funds to the Student Association of the State Universoty, pending answers to questions raised by SBA Directors at the January 23rd meeting. That resolution came down in a 12-6-1 vote. The SBA provides nearly $2,000 to SASU, and has not yet paid for this semester. The action was prompted by the appearance of the new SASU campus organizer, Ardeshirk before the SBA on January 23rd. He came to introduce himself, and to request that SBA designate a new liaison to SASU. Mark Steiner, the elected SASU delegate for the law school, allegedly neverappeared before the SASU Board nor dealt with SASU in any way. In an unrelated event, both third year directors Steiner and Lenny Cooper were dismissed from the SBA at the meeting due to excessive absenteeism. SASU is a lobbying organization stationed in Albany to advocate for student rights. Many have felt of late that SASU has done a poor job in representing the students' real interests. The SBA felt it would be prudent to get some answers regarding SASU's effectiveness and spending habits. Specifically, the SBA wanted to know: -why SASU did not take an active stance against the cuts in financial aid, -why SASU did not pursue legal action against the state in response, -why they did nothing to stop the $50 transportation fee, and -why SASU delegates were sent to a Young Communists League conference, along with other basic concerns regarding SASU's student caucuses. Third year director John Wiencek passionately displayed his dissatisfaction with SASU. Ironically, Wienciek plannedto raise his concerns overSASU at the meeting before he knew of Ardeshir's visit. He contends that the organization is too concerned with pursuing its own social and political agenda. Alleged SASU involvement in political conferences, and the spelling of woman as "womyn" in all internal communications were cited as examples of how SASU has fallen off course. The SASU organizerfor UB could not answer the questions to the SBA's satisfaction, prompting the call for an executive within SASU to address these concerns before the SBA. 'The resolu- tion was meantto senda strong signal to the SASU leadership that unless SASU starts acting responsibly by representing us, they may well lose their law school funding," said second year director Marc Hirschfield. A referendum would have to be passed by the SBA, followed by a majority vote of the student body calling for the elimination of SASU funding. UB Law School is the only graduate school with a seat on the SASU Board. Though the point can be made that the Law Schoold was inadequately represented by the uninvolvement of Mark Steiner, the SBA finds its objections rooted in problems that affect the entire university community. The effectiveness of SASU has been questioned before. Last semester, the Student Association for the undergraduates cut SASU funding. Kelly Sahner, president of the SA, upon learning ofthe SBA's action said, "That's wonderful." She went on to describe other SASU deficiencies, alleging that they showed little concern for the Graduate Student Union effort, they spend money on striking Hormel workers, and paid the former SASU campus organizer for UB $14,000 "for doing nothing." Sahner feels they are not organized, and do not know how to budget money. "SASU is not worth it," she stated. An anti-SASU campaign is mounting, with ex-SA presidents providing information on the uselessness of SASU. In 1987, the UB undergraduates had SASU's funding cut until 1988, when SASU demonstrated that the organization could properly do the job. Daryl CONTINUED ON PG. 4 HIGHLIGHTS - It's almost Valentine's Day Salute your Persian Gulf Chr0n010gy...................pg. 3 Student Wins Superbowl Tickets pg. 9 The Opinion Recruitment pg. 10 �!jj Should I apply the Common Law Rule or the Majority Rule on the Multistate Exam? Im 7 & offer d Qn oTreceipt (Mail Box Rule)? |$ an I T/T — mw\ m L_L_/ 'p/r E—JT_A_iTJ e4«e£W£W The Nation's largest and most personalized bar review .„ Can you be conv cted of arson if you burn down your own house? ' BAR/BRl's Q& A Clinic ™ utilizes more than 35 attorneys, available to answer any questions and work with you, 7am-midnight, seven days a week during bar exam preparation. 112-594-3696 516-542-lOSO 101-613-3363 914-«84-O8©J «IJ-«95-9955 103-714-3910 Two Law Student Arrested During Anti-War Protest By Andrea Sammarco News Editor UB law students took part in an antiwar protest Thursday, January 17, and two law students were arrested at the protest on charges of disorderly conduct. The students turned out to add their voices to the throng of approximately 500demonstratorswhichfilledLafayette Square. The protest mirrored dozens of others across the country, in response to the current situation in the Gulf. Carrying signs which read "no blood for oil", and "it's arab soil/ it's arab oil/ peace in the Middle East (including Palestine)", the protesters were met by 20 counterdemonstrators who occupied the outer edge of the square. The arrests of Nathaniel Charny3L) and Dean Hanley(2L) occurred late in the protest. After Hanley attempted to set a small U.S. flag on fire on the steps of the Soldiers and Sailors Monument in the center of the square, Detective Dominic Pace of the Intelligence Unit intervened and took the flag away from him. No counterdemonstrators noticed the incident or interfered when Hanley put a lighter to the flag. When Hanley attempted to retrieve the flag, he was grabbed around the neck by Detective Brian Miller, (also of the Intelligence Unit) who began to drag him in the direction of waiting police officers. Neither Pace nor Miller wore uniforms, and sources prese ntat the arrest have stated that "none of us knew they were police officers." As Hanley was being dragged away by Miller, another law student (who does not wish to be identified) grabbed at Miller in an attempt to free Hanley from "getting the shit kicked out of him by a redneck", assuming that Miller was a 2 counterdemonstrator. At the same time Charny interposed himself between Hanley and Miller and the other officers. Miller accused Charny of hitting him on the back and pushing him aside, and both students were subsequently arrested. Tuesday, February 5,1991 • The Opinion Both students were taken to Police Headquarters, followed by approximatelyfifteen demonstrators wishing to assist Hanley and Charny. Their cases will be handled separately, according to Hanley. The Charles Revson Foundation has announced the availability of Law Students Public Interest (LSPIN) Fellowships for law students interested in working in public interest positions. Stipends of $3,250 are availble for first and second year law students attending law school in New York and New Jersey who have secured volunteer summer placements with public interest organizations in the New York metropolitan area. The 1991 LSPIN Fellowship Program is being administered by the RootTilden-Snow Program at New York University School of Law. Up to 50 grants will be made to students working full time for ten weeks during the summer of 1991. Applications and more detailed guidelines have been forwarded to both the Dean's office and the Placement Office. LSPIN encourages all interested students to apply. Deadline for applications is Tuesday, March 12,1991. ATTENTION ! IMPORTANT S B A ANNOUNCEMENTS 1) The Student Bar Association (SBA) is sponsoring a Blood Drive on February 11th and 12th. You can give blood in the First floor lounge between 10 a.m. and 4 p.m. Blood type (+/ -) is especially needed. 2) Two 3rd year director positions on the SBA Board have opened up. Elections for nese two positions will take place on February 4 and sth. ouside of the library, from 9 a.m. till 5 p.m. Onlythirdyearstudentscanvote. Please bring your I.D. BOfIESH RHH IHBH jBJBEBiE >/wJ^ ■ |/gK^P^| M |H§p|l lt?W?M| ILiJLII HSifl BBIITIB HIIIIB |HB^BB I i f) Q Jessup Moot Court Update: On Friday, February 15th and Saturday, February 16th, UB Law School's Jessup International Moot Court team willcompete inthe 1991 Regional Jessup Competition. It will be held at Marquette University in Milwaukee, Wisconsin. The four members of the UB team are Scan Patrick Galliher, Dave Guertsen, Gay Kang and Daniel Vira. The road to this competition has been a long one. At the beginning of last semester team members were selected (based on their writing and oral excellence) through their participation in the Intramural Jessup Competition. Throughout the remainder of last semester and over the break, these four students worked together to prepare two memorials (briefs) that will be submitted to the judges of the upcoming Regional Competition. This year's Jessup problem involves the legal implications of anti-competitive practices in international trade. Gay and Dave will act as Applicant and Scan and Dan will act as Respondent. They will be arguing before law professors and local practitioners who will perform as judges of the International Court of Justice. Upon their arrival in Milwaukee, the UB team will compete in several oral rounds against teams from Minnesota, Wisconsin, lowa and Kansas. The winning team from the Regional Competition will go on to the National Competition held in April. We wish our team the best of luck. �Duplicity, Incompetence Lead to Persian Gulf Crisis By Jim Monroe Staff Writer December, 1977. Ex-CIA Bureau Chief Phillip Agee asserts that the CIA spends a large amount of its resources in manpower, money, and time attempting to control the American media. May 5, 1990. CIA experts warn the Pentagon that Iraq is preparing to invade Kuwait. June 20,1990. Iraq contacts the U.S. embassy in Baghdad in regard to a dispute with Kuwait. The U.S. fails to respond. July 31, 1990. Iraq requests that the U.S. Assistant (the Ambassador had been called to Washington by James Baker), Ambassador to Iraq respond immediately to the Kuwait border problem. After telephoning the U.S. Secretary of State, the Assistant Ambassadortells Hussein, 'The U.S. has no opinion on inter-Arab disputes. August 2, 1990. Iraq invades Kuwait, Bush emotes shock and dismay. August 4,1990. George Bush says that the danger to Saudi Arabia is imminent because satelite photos show that Iraq is preparing a massive offensive on the Saudi border. August 10-30. The Bush administration pushes potential allies on the U.N. Security Council into backing any resolution that it puts in front of it, including sanctions, blockades, and the use of limited force to insure compliance. The sanctions take holdalmost immediately and shortages of staples are reported from Iraq. Saddam Hussein restricts travel by foreign nationals and calls these hostages, "guests". - September October, 1990. Hussein makes some ill-advised attempts at public relations and, at the same time, using the hostages as "human shields" as well as offering to give free oil to any third world nation that will defy the blockade. Bush continually calls Hussein, "SADHAM" which means shoeshine boy instead of Saddam which means learned one. White House Chief of Staff, John Sununu calls him "So Damn Insane" on national television. Not to be outdone in the name calling department,the leader of the Desert Shield campaign, General "Stormin" Norman Schwarzkopf, calls the desert "the world's largest ashtray". In a move calculated to insure Iraq's intransigience and at the same time bolstering an attempt to beat the wimp factor that has plagued his career, George Bush assures everyone that he'll, "kick Sad-Ham's ass." In the same speech Bush accidently pronounces Saddam's name right and makes a faltering attempt to mispronounce it in the very next sentence. Members of the nation's largest mideast consulting firms reveal that, although they are typically consulted by the State Department on every major mideast negotiation, no one from the White House has contacted them since the crisis began. On this same NBC morning program, one of the consultants reveals that saying you'll kick a moslem's ass is equivalent to saying "f"k your mother" because of the Moslem belief in the unholiness of the feet. The U.S. sends hundreds of thousands of troops to the gulf without any rotation plan. Members of Congress say the die has been cast for war. Saddam begins to allow some foreign hostages to leave. He encourages Americans to visit their loved ones in Iraq. The American media goes wild showing the picture of Saddam, an Arab man, touching a young, white male British hostage. , torches a flag in defiance of Degenhart s boys' threats and the off duty plainclothes police wade into the crowd swinging. Anyone who is in their way is arrested. All the networks report the incident as if the peace demonstrators had started trouble. started under Nixon in 1968, and the Patriot was saved by Jimmy Carter against Republicans who wanted to take defense jobs away from liberal Massachusetts (where it's made) January 25, 1991. All three networks November 10-30, 1990. Immediately afterthe Republicans lose ground in the Congressional elections, President Bush escalates both the troop deployment and the hysterical ("he's another Hitler") rhetoric. Pat Buchanan, ex-White House spokesman under Reagan, says that war against the Iraqis is a bad idea because we should unite all Moslem and Jewish people for a holy waragainst secular humanism. The Soviet Union releases recon- naissance photographs that prove Bush was lying when he said that Iraq was building upfor an invasion on the Saudi border. Bush responds by sending rich draft dodger Dan Qualye to rally the troops. UB students held a peace rally in Capen Lobby on January 22,1991 December, 1990. Hussein, in a move he later regrets, lets all the hostages go January 18,1991. Everyday, all three networks sell the public on the idea that we could not possibly do without the wonderful Patriot missile which attacks the vicious SCUD and that Reagan was so right to mortgage our children's futures for defense spending. What they forget to tell the public is that the SCUD is a modern dinosaur,the Patriot couldn't shoot down anything resembling a selfguided missile, the Patriot program before Christmas. The U.N. Security Council decides that January 15 is the magic date, after which the U.S. can no longer tolerate Saddam holding on to our beloved democratic friend Kuwait. In order to manipulate this U.N. resolution for the magic date, Bush must wink at death trials for Tiannamen Square students being held by our most favored nation, China. He must also mortgage ourchildren's economic future byforgiving massive debts and he must begin to mention that their reports on the U.S. war is being heavily censored by the military. In response to a Harris poll, 38% of those who support the war say that they are confused as to what that question means. An article in the Buffalo News says that student activism is at an all time CONTINUED ON PG. 5 FRIENDS, ROMANTICS, LAW STUDENTS, Lend Us Your Heartfelt Words imperil Israel's security by allowing her enemies to buy our latest military hard- ware. VALENTINE'S DAY PERSONALS Bush also promises renewed economic aid to the Soviet Union and then sits down for a cozy chat with Syria's Haffez el-Assad whom many believe to be responsible for the terrorist bombing of Pan Am 103. HAVE ARRIVED! February 14th is Valentine's Day—A dayof love, and romance, and joy. January 2-8,1991. Bush says that the Constitution does not require Congressional approval for declarations of war. In his magnanmity (and after lobbying hard for 4 months), Bush decides that Congress may advise him and then he will make an independent decision. Congress hedges its bets and with the votes of the Dixiecrats, Bush narrowly wins approval for his war. '77s a day to go new places, make new friends, and try new things. 'Tis a day of courting and appealing, and rendering judgments. 'Tis a day to say to the one you love, or the one you desire, "Hey baby, wanna come over and exchange briefs tonight?" Only you can make this wonderful day complete! Take out a personal ad in The Opinion's first ever Valentine's Day Personals!!! January 14, 1991. According to the media, 50% of the people in America believe that war is wrong, Saddam Hussein has been stopped, and that we should allow sanctions to work. Talk show hosts work feverishly to find anyone from the other 50% that think we should go to war. It's fun, it's goofy, and best of all, IT'S FREE! Just drop off your personals in the box located in the second floor mailroom. We'll sort through them and take out all the disgusting ones (they'll be on sale later—watch for details). January 16,1991. After allowing 4 1/2 months for the sanctions to work George Bush singlehandedly orders 500,000 American people into battle against what he says is the "imminent danger to vital Rules: Not too naughty, please. First names or initials only. Keep them short. U.S. interests". January 17, 1991. Buffalo Police Commissioner Ralph Degenhart tells some off duty cops to attend the Peace protest at Lafeyette Square and start trouble and make some arrests. One of the outraged peace demonstrators ■ (Coupons aredue Friday2/8 in thebox located in the mailroom. Romantics may make more of their own il theyso desiv i Tuesday, February 3,y199t ■The-Opinroh I 3 �SBA: cont. from Parker, second year director, was also involved in that effort. "I led the fight to cut the undergraduate spending for SASU, and I'll do the same for the law school." The goal of the directors is not the elimination ofSASU. They just want its performance improved. "In my opinion, the SUNY students need a state wide organization to lobby on behalf of the students. A reformed SASU would serve this purpose," added Hirschfield. The SBA's hopes for a quickresponse form the SASU leadership were met with the appearance of Glenn Magpantay, SASU's Vice-President for Campus Affairs onthe 30th. Though some directors wanted to hear from SASU President Judith Krebs, Magpantay's presence served to satisfy the demand for a SASU executive, but the quality of his answers would determine SASU's future. The second SBA meeting began with a strained start as overa dozen spectators observed the proceedings. Making it worse was the late arrival of Magpantay, who had car trouble. The delay of over an hour was filled with debate over the question of continued SASU funding. The majority of the spectators were proSASU and argued against cutting SASU funding. Terry Mayo, a second year law student, said she was there, "because a voice in Albany iscritically important, and to do away with SASU is not a useful method to ensure effective representation." Emotions flared easily, with SBA di- page 1 rectors reiterating their concerns over SASU, and stressing that the elimination of SASU was not the ultimate goal. The spectators countered withcharges ofred baiting (in reference to SASU's alleged stipulated that no check will be issued until after February 20, when a report from SASU will be due, either from the SASU delegate or a SASU executive. Immediately after the vote, one of the pro-SASU spectators, Rhonda Weir, a first year law. student, was appointed temporary SASU delegate until a permanent delegate can be elected in the spring. "...unless SASU starts acting responsibly by representing us, they may well lose their law school funding. " -Marc Hirschfield 2nd Year SBA Director involvement with the Young Communist Leage), pursuing a poitical agenda serving only the interests of particular SBA directors, and alleging ineffectiveness of the SBA as a whole. Though Magpantay had arnved, he did not speak, and debate continued until a motion was made to release the funds. It passed with a vote of 14-5-1. The motion In the First Floor Lounge, SBA President Taunya Hannibal, most ofthe directors, and some of the spectators continued the discussion with Magpantay after the formal meeting adjourned. That meeting was also quite heated. Some of the directors felt SASU's political activism hurt the organization's relationship with New York state legislators. SASU's supporters believed it was not SBA's place to dictate SASU's methodology. "I'm concerned that we're debating on the philosophical purpose of SASU, while tuition hikes, program cuts, course cancellations, financial aid cuts, and campus closings are going through," said Glenn Magpantay. Eventually the meeting ended with a better sense of understanding, if not satisfaction. The aftermath of the conflict remains somewhat bitter. "It was amazing that I was attacked by ideologues for just wanting to ask questions of SASU,"stated Jim Maisano, second year director and former SASU supporter. "I just happen to believe that most students don't want their money spent on Communist conferences and changing the spelling of woman. I want SASU to work on real student issues." Marc Hirschfield was "appalled" that Judith Krebs did not appear, noting that she made the time to ask for SBA money last year. Taunya Hannibal is optimistic. "After talking to Glenn, I'm sure SASU will respond to our needs." As an SBA director, I was also involved in the debate, which seemed blown out of proportion. There were untrue allegations that the SASU budget cut was being done behind the students' backs. It was bothersome that the vote to unfreeze came before Mr. Magpantay spoke,which was the entirepoint of the original motion. It seemed as if the public outcry of a few intimidated the SBA Board into simply voting the problem away without dealing with the issue. Despite all that, the SBA/ SASU relationship has improved, and in time, everyone may be satisfied. Future of Research & Writing Program Uncertain By Maria L. Germani Editor-in-Chief It's that Treasure Hunt time of year again. If the library seems slightly more occupied than usual these days, it is undoubtedly due to the first year law students workingontheirfirst assignment of the semester for Research and Writing. For many law students, the Research and Writing Program is theirfirst experience in legal research and learning the intricate nuances of "how to write like a lawyer." For some, it is even the basis for entering the library for the very first time. The importance of the Research and Writing Program cannot be stressed enough. Jonathan Johnsen, a third year law student and Research and Writing instructor noted, "[Research and writing] are all that we do in our first summer jobs." Indeed most students believe Research and Writing to be one of the most important courses for their law school and future professional careers. Some people view a course in legal research and writing as an oxymoron. Unfortunately, the amount ofresources devoted to the Research and Writing Program to match its degree of importance, has been minimal. A recurring bone of contention among law students is the fact that their peers-often with only minimal experience in legal research and writing, or questionable credentials to teach the course, are their instructors. Many Research and Writing students are uncomfortable and disatisfied with an evaluation (critical or positive) by a peer/ teacher potentially less qualified than the students themselves. By no means is this an assualt on all law studentteaching assistants who teach Research and Writing. In fact, the experiences and qualifications of many Research and Writing TAs are superb; some have held prior similar teaching positions, hold graduate English degrees orpossess extensive writing experiences obtained during careers before entering 4 law school (i.e. journalists). Another complaint of some Research and Writing students concerns the time constraints of most TA law students (due to family or other employment responsibilities in addition to the demands of course work)-thusleaving Research and Writing students in the hands ofpotentially overburdened and/or incompetent TAs with insufficient and inadequate time teaching Research and Writing demands and deserves. Legal research and writing courses taught by law student TAs is not unique to Buffalo Law School. Research and writing programs in law schools across the country similarly employ law students in the same capacity as this law school; a stipend plus free tuition. Other law schools, realizing the importance of a research and writing program, have fulltime staffemployees teaching the course. The set-up of such a course not only reflects the immediate time, attention, and resources a legal research and writing student deserves, but also appreciates the importance of legal research and writing over the span of a legal career. Normally headed by faculty members, for the past decade the Research and Writing Program here at Buffalo Law School has been under the auspices of Professors Nils Olsen and Robert Berger, whom have both resigned from their duties the Program entails. To date, the Research and Writing Program, as it exists, is in jeopardy. In an effort to recruit replacement faculty to head the Program, and in search of new ideas for a new program, on January 25th Associate Dean John Schlegel held a meeting for any 'acuity interested in the Research and Writing Program. Every faculty member received notice of the meeting. Besides Dean Schlegel himself, and Nils Olsen-the outgoing head of the Progam, only two other faculty members (Jeff Blum and Lou Swartz) attended, as well as law librarian Ellen Gibson. The outcome of the meeting is unclear. Tuesday, February 5, 1991 • The Opinion One proposed plan would be to scratch the legal writing program as it presently exists, and replace it with a course emphasizing mechanical exercises in library research only. To date, no new Research and Writing Program exists for the Fall 1991 semester, and no faculty member has volunteered or been appointed to the task. HAW-A ]jT|JADn]i VALENTINE'S DAY FOOD DRK/E FEBRUARY 14 t^™"^ Of Erie County U.B. Law School has agreed 1o participate in the Erie County Bar Association's second annual "Have a Heart* Valentine's Day Food Drive, which will collect food and monetary donations for the Food Bank of Western New York, Inc. The Law School has been requested that, if possible, each ofyou bring in atleast two non-perishable food items by Monday, February 11, You may drop off your donations in the SBA office (Room 101) or the Dean's Office (Room 317). In addition, SBA members will be collecting donations at a table set up by the Law Library entrance on Thursday, February 7, between the hours of 11:00 a.m. and 3:00 p.m. On Monday, February 11 the donations will be collected and taken to the Erie County Courthouse for display until Valentine's Day. In lieu of food, monetary donations will be gratefully accepted. Checks should be made payable to the Food Bank of Western New York, Inc. and should be dropped off in Room 317. Please help the less fortunate among us by participating in this worthy cause. 1991. �Pentagon Plays Pravda with Press Releases to the military personnel serving in the By Andrea Sammarco News Editor As U.S. presence in the Middle East continues to grow, concerned voices in both Congress and the media question the propriety of allowing the military to control coverage of the current war. Guidelines established by the Pentagon include designated "PIOs", or military public information officers, whose job involves editing and/or censoring all reports coming back from journalists covering the Gulf War. These guidelines also require that journalists be restricted to working in small groups with military escorts. In some cases the news that the American media reports has been created by Pentagon photo opportunities and monitored interviews. Reporters are forbidden from covering any fighting outsideof the government-controlled pool reports. The press has no direct access gulf, and little means of conveying unexpurgated news to the American public. Pentagon officials claim that such restrictions are necessary to protect national security, ensure the secrecy of pending military moves ("operational security") and to preserve human dignity. In an effort to demonstrate their willingness to share as much information as possible with the public, Defense Secretary Dick Chancy and Colin Powell, General ofthe Joint Chiefs of Staff, have held regular and revealing press conferences with reporters, detailing whatthey deem to be each day's newsworthy events. Certain members of Congress, however, are not appeased. Representative Bruce F. Vento, D-Minn., and fourteen other House members sent a letter to Chancy criticising the Pentagon's guidelines for news coverage, claiming that they "seriously undermine First Amendment rights." Representatives were especially concerned that the public might react unfavorably if coverage of the warturned out to be inaccurate or a misrepresentation of actual events. In addition, prominent members of the press are speaking out against the guidelines. Eric Ober, former soldierand the current president of CBS News in New York criticised the differences in press coverage allowed currently as compared with the coverage of the Vietnam War. "During the Vietnam War, reporters could go anywhere-anytime". The only restrictions during that war were that no troop movements be reported prior to their occurrence, and that no faces of dead or wounded soldiers be shown before families were notified. Although much lessrestrictive, many people blamed the press for the public's overwhelmingly negative reaction to the U.S. continued involvement in the Vietnam War. A recent PBS special entitled "Making Sense of the Sixties" indicated that opposition to the war increased dramatically when it became apparent that military reports of successful strategic manuevers didn't comport withthe press' account of the war. Eric Ober's disenchantment with the Pentagon guidelines stems from his distrust of "pack journalism." According to Ober, "(This type of reporting) allow(s) the military to orchestrate and control the news before it reaches the American people. Without free, open reporting, the country would mostly get its news from the same people fromthe same locations saying roughly the same thing. There is little room for original reporting." Recent reports from the gulf may bear out Oberand others concern that the war is being "sanitized", since most reports indicate a hugely successful military campaign. The truth of these assertions can only be tested with the passage of time. Community Agencies Gulf Crisis: Continued page 3 from Seek Volunteers pro bono legal work. By Brian Madrazo Nearly twenty legal services agencies in the Buffalo area are looking for volunteers from the law school to assist in providing help to the community. Responding to a survey by the Buffalo Public Interest Law Program, a variety of agencies are interested in, and have a vital need for, student volunteers to perform tasksranging fromlitigation support to research. Students canchoose an agency based on the type of work it does and its location. Hours and responsibilities would be worked out between the agency and the student, though most agencies indicate they need from three to five hours per week. BPILP is facilitating the program to match students with agencies. Agencies participating include Niagara Legal Aid, Prisoner's Legal Services of New York, Neighborhood Legal Services, Homeless Task Force, Oak Orchard Legal Services of Batavia, Volunteer Legal Services Project of Monroe County, and various others. BPILP's Pro Bono Task Force developed the idea of matching student volunteers and needy agencies as a way of fostering and sustaining student involvement in public interest careers and The aim is for the program to provide students with the opportunity to work ir the public sector from the first day of law school. Those who are intent on public interest careers can get a head start, while students who are not can nonetheless get a taste of how easy pro bono can be. In addition, UB students can get sorely neededresearch skills honed. The flexibility of volunteering makes itan ideal way for students to get a sense of what public interest work is about, as well as valuable experience. Similarvolunteer programs have begun to appear nationwide, while some schools, such as Tulane, have adopted mandatory pro bono requirements. Students at Tulane are required to work 20 hours overthe course of theirlaw school careers. The 253 graduates of Tulane's 1990 class, all of whom successfully completed the pro bono requirement, said it increased both their willingness to provide pro bono services in the future, and theirconfidence in their own ability to handle cases. There is a real need for students, first through third year, to volunteer. Anyone who is interested should stop by the Public Interest office at 502 O'Brian and speak with Chris or Kathleen, or drop a note to Brian Madrazo in Box 449. high. The article mentions racism and the environment but avoids any reference to anti-war activism. Hussein, in an attempt to cut off water supplies to the U.S. troops creates an environmental nightmare, unleashing many million barrels of oil into the Persian Gulf. Pentagon officials decide to use the bad environmental press against Hussein but do nothing to clean up the spill which they quickly conclude is too large to deal with ecologically. Instead they say they'll workfortheanimal "at the top of the food chain" by saving the desalination plants. No one mentions the incredible environmental damage being wrought by 100,000 bombs and missiles and 20,000 air sorties per week. January 26,1991. While millions protest for peace around the country the media hypes every possible pro-war demonstration. For example, 200 peace demonstrators, including physicists, chemists, lawyers, doctors, doctoral candiidates, teachers, ministers, union workers, and priests, crowd Lafeyette Square for a rally and the Buffalo news prints a picture of three flag waving warmongers and interviews one of the warmongers and a nut that says he's son of the new galactic order. I interview two activists forthe Opinion. Michael Gurwitz says that "there were over two hundred of us and a handful of pro-war supportersand, yet, the Buffalo News chose to highlight the few counter protesters in their coverage of the rally. The News is obviously out to bang the drum for Bush's oil war." Chris Appleton, from the UB Coalition to Stop the War said, 'The news media's pro-war bias has hindered our efforts by not properly reporting the facts about the ant-war movement. The focus from the start has mainly alteranated between the destructiveness of the U.S.'s weapons systems and the brutaluity of Hussein's regime. This is not the full story." January 27, 1991. The entire nation watches the Bills lose the Super Bowl often forgetting which is the game and which is the war despite the schmaltzy rhetoric of the announcers and the advertisers. January 28,1991. Two articles on the front page of the business section of the Buffalo News extol the virtues of war for short term investment gain. One starts with the song by Edwin Starr, "War, what is it good for? Absolutely Nothin'!" It then goes on to say,"While the benefits to companies that build weapons, electronic guidance systems, anti-missile missiles and body bags are obvious even to me... CONTINUED ON PG. 11 Reduction in LMP Admissions Raises Difficult Questions By Evan Inlaw The Legal Methods Program (LMP) here at UB Law School was founded on the belief that racial minorities in the U.S. are capable of doing well in law school and on the Bar Exam, but lack the techniques for demonstrating proficiency in the skills valued for law school. Therefore, the LMP provides one year of academic support for those in the program; the academic support consists of tutorials that emphasize black letter law and test taking skills. Also, the LMP was implemented to mitigate the gross underrepresentation of racial minorities in the legal profession. Consistent with this goal, the LMP fosters increased ad- missions of racial minorities (and some disadvantaged whites) through affirmative action. Last year, the Faculty and Administration got together to restructure the LMP. According to statistics recently released by Dean Filvaroff, the changes made by the faculty and administration have lead to more than a 40% reduction in the number of minorities registered under the LM P. This reduction primarily reflects that the number of blacks registered under the programhas been drastically reduced by 67% as compared to past years. Furthermore, the number of blacks admitted overall (both regular admits and LMP admits) has been drasticallyreduced by more than 52 percent. According to the faculty and administration, the LMP was cut nearly in half to strengthen the program. On the surface this seems to be a legitimate reason fewer students are easierto manage. On the other hand, the drastic reduction in the LMP raises some difficult questions for the faculty and administration. The reduction in the LMP must mean that standards for admission have been more selective this year. How is it that the increased selectivity directly corresponds to a significant reduction in the number of blacks admitted? If standards for LMP admissions has become more selective, are the standards for regular admissions also more selective? Increasing the representation of minorities in the legal profession, means preparing LMP students for the Bar Examination. Does the increased selectivity have anything to do with the low Bar — passage rate among minorities? There is a pretty low Bar passage rate among regular admits also. Have the standards for regular admissions become more selective? Did the old system of LMP admissions admit students who really shouldn't be in law school? If so, hasn't the program served to cheat the more capable from attending this law school? If not, then how can one rationally exclude minority students that would have otherwise been admitted, but for the reduction in the program? Thefaculty and administration must be held accountable for all of the difficult questions concerning the LM P reduction. Accordingly, such questions ought to be directed at the faculty and administra- SEE CHART ON PG. 11 Tuesday, February 5,1991 • The Opinion 5 �(fill OPINION The Justification of Affirmative Action Dear Editor: February 5,1991 Volume 31, No. 9 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco j onn B. Licata Michael D. Gurwitz jjm Monroe R on Rusczyk istory BlaCcekbrtHMonth .. . . Once h a while, we are aWe to momentarifyforget there is a war in progress. Only a fittte > ■;,■ ,t • ■ :i , , •.-.■■.•■■..■ [il*ji I ..v . 1 ~ . ... - . ;■■■.■.■ :■,: ■:..■.■■■ ■■ •.,• ■■,;■.:..■■■ '.»l- -■•■■■■ v.or. ' ■ i: • ■ Or« .■:■'■■ ■ • ' . " ', . • ■ ~-..•■.. til l f it ,-p, • ,■,. , , ,. . Vk-i. L , -■,'..•/•:, ' 1 ~„ ■ Ui ~ ,■ ■ ~i .■. Li 'T.: • t •„,••" . resources... .. ' ■•■ ■!■■.■■.,■■■!.;,.■■ ■ "■ ■:' ,j, r-:.:. ■ ■ . ■ ■ •i-■ ■ „' ,'• '• '' The numerous and complex social issues involved in the term "affirmative action" have been the subject of increasingly intensive discussion recently. Since it is generally known that the Law School has an "affirmative action" program, described as the Legal Methods Program, it seems desirable to state with some precision its origins, goals, and basic character. The Program fosters the admission and provides support after admission to specially admitted students. These are primarily Blacks, Hispanics, and Native Americans, but other applicants who assert that they have been so educationally disadvantaged as to need special assistance in order to cope with the demands of legal education are considered and have been accepted. The Program had its inception in the report ofthe Chancellor ofthe State University of New York, Samuel B. Gould, in 1967. He said: "We have reached a stage in the evolution of democracy where it is no longer possible to talk about equality of opportunity without doing something about it, something to prove unmistakably that we mean what we say." In 1968, President Martin Meyerson of the State University at Buffalo, established a Select Committee on Equal Opportunity and an Office of Equal Opportunity. He expressed the hope that "we might find ways in which to expand greatly our service to disadvantaged and minority groups in Metropolitan Buffalo and throughout the State must now be checked through An intolerable waste of human massive cooperative efforts in which the University will play a major part...". These commitments have been reaffirmed both by succeeding Chancellors and Presidents, including President Sample. The Law School Faculty shared these concerns, believing that "minorities of color had been subjected to extremely discriminatory exclusion from or access to the dominant cultural environment and institutions, especially in such critical areas as jobs, housing and education. The result was restricted sharing in the body of information which forms the core of the dominant culture, in the acquisition of the skills most rewarded by that culture, and in the techniques for demonstrating proficiency in those skills." In addition to these considerations, the Faculty was convinced that a professional school was obligated to attempt to mitigate the gross underrepresentation of persons of color in the profession. In according with those mandates and convictions, the Law School in 1968 adopted a special admissions and support program. That program was reaffirmed by the Faculty in 1970 and incorporated in a long range plan for the Law School adopted in 1975 (from which the above quotation was taken). From the outset, as noted, participation in the program has included individuals, not members of identifiable minority groups, who showed both the same need for help in overcoming educational handicaps and the promise of successful professional performance with such help. Over the past 20 years, the Program has taken several different forms, as experience and the availabilityof resources have dictated. The formadopted in 1982 was based upon a separate course in Legal Methods, with tutorial assistance in the othercourses primarily with teaching assistants. In the spring of 1990, the School was convinced that the results were not whatthey shouldand could be,and a revision of the Program was implemented for the fall of 1990. The basis of this program is the dropping of the separate Legal Methods course and the creation of a small section for Legal Methods students in one of the regular courses, with professorial tutorial assistance in the other courses. Those most immediately involved are in agreement that this arrangement has proved to be far more rewarding than the previous one. The essentials of the Program have been spelled out in detail in each of the Bulletins of the Law School since the early 70s. The State University of New York at Buffalo and the Law School are satisfied that the facts inescapably reveal that the handicapping effects of generations of severe racism and other forms of socially sanctioned disadvantage have not been overcome, and that the obligationsrecognized 20 years ago are still compelling. Ml " Staff: Nathanial Charny, Lenny Cooper, Darryl McPherson Contributors: llene Fleischmann,TaunyaHannibal, Evanlnlaw, BrianMadrazo, Subrata Paul eCopyright 1990. The Opinion, SBA. Any reproduction of materials herein Is strictlyprohibited without the express consent ofthe Editors. The Opinion is published every two weeks during theacademic yuear. It Is the student newspaper o< theState University ofNew York at Buffalo Schoolof Law,SUNYAB AmherstCampus, Buffalo, New York 14260. The viewsexpressed in thispaper are not necessarily those of the Editorial Board or Stafl of The Opinion. The Opinion is a non-profit organization, third-class postage entered a Buffalo. NY. Editorial policy of The Opinion Is determinedcollectively by the Editorial Board. The Opinion is funded by the SBA from Student Law Fees. The Opinion welcomes letters totheeditorbutreservestherlghttoeditforlengthand libelous content. Letters longerthan three typed double spaced pages willnot beaccepted. Please donot put anything you wishprinted underour office door. All submissionsshould bepiacefl in lawschoolmailboxes677or 80S by thedeadline date. Deadlines for thesemester are postedInthemailroom and outside Th« Opinion oflce. 724 O'Brian. THE OPINIONMAILBOX Cook Story Half-Baked Jacob D. Hyman Professor of Law, Emeritus Dear Editor: This is in response to Maria Germani's article on "Personnel Changes on the Third Floor" in the November 20th issue of your paper. In the interest of full disclosure, might the fact that Ms. Germani was Ms. Szydlowski's work-study student for a year have biased her in writing this article? When a person is insubordinate towards superiors it should [not] and must not be tolerated. If it is, then it adversely affects others. In your article, some have quoted Ms. Szydlowski as being "competent," others say "insubordinate." The fact is that a person may be viewed as competent by some. At the same time, showing insubordination towards her superiors and a lack of cooperation that is a necessary part of the teamwork that goes into the running of a department or school, detracts and overshadows that competence. Yourattack on Dean Cook on a personal level is very unprofessional. She should be commended for her tolerance in an untenable situation overa long period of time. Dean Cook fills a very fragile and catalytic position. Administrators at times have to make hard decisions. The article described Dean Cook as a "Yes Man" [sic]; "aiming to please her superiors at all costs." Is it conceivable then that it was Dr. Cook's decision, and her's alone, to relocate three secretaries, reassign three faculty members and leave the Dean's office without a backup secretary? Not likely. Change is not always popular but it is sometimes inevitable. Something must have led to the sudden moves and changes that took effect on the morning of November sth. Was itreally a surprise to all or just a few? Normally such drasticchangesdonotoccurprecipitously. Previous incidents obviously led to these decisions. It seems that statements, incidents and, orfacts, are taken out of context or incomplete. Could it be because only a select few were interviewed? In exercising the freedom of the press, you must always be careful to get all the facts not just enough to slant a story in the favor of one or another. We are certain that if you had broadened your aspects your story would have taken on a different connotation. Dma Poeller & Roseann Perrin 6 Tuesday, February 5,1991 • The Opinion 3L SBA Candidate To the Editor: In preparing this letter I looked over an old copy of The Opinion to get a sense of theflavor of the previous letters submittedfor this position, [S.B.A. Class Director], and I am sorry to say that in comparison, this letter may seem a little bland to the reader. I am running for class director not in hopes of ridding the world of social injustice or in pursuit of drastically changing the character of the student-faculty relationship or how this university is run. To be honest, this body just does not have the power to bring about these types of changes. I am running because I want an opportunity to meet face to face with the administration and tell them about the day to day problems and concerns that we law students have. I went to U.B. as an undergraduate, and after being here for about ten years I believe that I have a good idea of how the university operates and what things the administration sees as important in their overall scheme of things. By presenting our needs and concerns in a way that is in line with the goalsof the administration I believe I can increase our chances of getting something accomplished; ratherthan presenting proposals to the administration that have no chance of getting any substantive approval, but always receive asurances from the university that they are with us in principal, but unfortunately at this time.... Within the S.B.A. itself I am concerned that all groups get afair shot at adequate funding. I do not support in principal all the groups funded by the 5.8.A., but I do enjoy the diversified atmosphere these groups create. From the Federalist Societyto the National Lawyers Guild (all groups listed alphabetically), they all expand the arena of argument here and therefore make this law school a better place. I bring no agenda with me to this position, except your own problems and concerns. Thank you. Mark A. Doane 3L �GROUND ZERO A Day in the Life ofGeorge Herbert Walker Bush by Michael D. Gurwitz Layout Editor USA #1 USA #1 USA #1 USA #/ KILL! KILL! KILL! KILL! KILL! KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL! KILL!KILL!KILL!KILL!KILL! KILL! KILL! KILL!KILL!KILL!KILL! KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL! KILL!KILL!KILL!KILL! 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To the flagging United States of America, Inc. KILL! KILL! KILL! KILL! And to the Republicans KILL! KILL! KILL! KILL! For which it grandstands KILL! KILL! KILL! KILL! One nation, under guard KILL! KILL! KILL! KILL! In debt KILL! KILL! KILL!KILL!KILL! With liberty and justice / For all who can afford it. KILL!KILL!KILL! KILL!KILL!KILL! KILL! KILL!KILL!KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! / KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL!\ KILL! KILL! KILL! KILL! KILL! KILL!\ KILL! KILL! KILL! KILL! KILL! KILL!\ KILL! KILL! KILL! KILL! KILL! KILL!\ KILL! KILL! KILL! KILL!KILL!KILL!KILL! KILL! KILL! KILL! KILL!KILL! KILL! KILUA KILL!KILL! KILL! KILL! \ KILL! KILL! KILL! KILL!KILL!KILL!KILL KILL! KILL! KILL! KILL! KILL! KILL!KILL! KILL! KILL! KILL! KILL! KILL! KILL!KILL! KILL!KILL!KILL!KILL / \ \\ \ \\ \ \ \ \ \ \ \ \ \ KILL!KILL!KILL!KILL!KILL!KILL KILL!KILL! KILL!KILL!KILL!KILL KILL!KILL!KILL!KILL!KILL!KILL KILL!KILL!KILL!KILL!KILL!KILL KILL!KILL!KILL!KILL!KILL!KILL. / / / / / / / / / / / / / / / / /I KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! KILL! The New YorkState 1991 budget cuts will have a harmful impact on the mentally ill, as well as the individuals and facilities that provide for their care. A large part of Governor Cuomo's budget cuts is the Office of Mental Health. The New York state mental health budget will be reduced by over $53 million dollars this year, with plans for further cuts next year. This year, over $10 million dollars will be slashed from the amount counties in the state will receive for psychiatric and mental health care. In addition, over $40 million dollars will be cut from state-operated psychiatric centers and out- patient clinics. Approximately 1,200 state employees from the Office of Mental Health will lose their jobs. Most of these positions belong to professionals and semi-professionals serving the patients in state- run psychiatric centers. These positions include psychiatrists, neurologists, other doctors, nurses, therapists, social workers and aides. Locally, the West Seneca Developmental Center, a facility for children, will lose eight positions. Six employees will be laid off and two lost through early retirement. All of the positions, except one, are professional. In addition, twenty-one other positions are being affected. Transplanted workers will replace positions presently held by child psychologists, social workers and others experienced with child care. Civil service employees with less seniority will be replaced by workers with greater seniority and shuttled into positions elsewhere. However, the replacements have little if any experience working with children, despite their seniority. Some lack the specialized educational training orexperience necessaryforworking with children. These changes, which will all take effectFebruary 20,1991, will weaken the services that the center is able to provide. Unfortunately, it isthe children who will suffer most from the cuts. The Buffalo Psychiatric Centerwillalso be affected by the budget cuts. The Center will lose 31 staff members. Nineteen staff members will be directly laid off, and others will be lost to early retirement, reassignment, or replacement by those with civil service seniority rights. The cuts at the Center affect the entire staff. Job losses, which will take effect February 20,1991, cut across the board, affecting both professionals and AMERICA ,,, tf tf KILL! KILL! KILL! KILL! KILL! KILL! Funds Cut to Mentally I11 By Maria Schmit, Managing Editor KILL!KILL!KILL! KILL!KILL!KILLi KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL!KILL!KILL!KILL! KILL! KILL!KILL!KILL!KILL!KILL! KILL!KILL!KILL! KILL!KILL! KILL! KILL!KILL!KILL! KILL!KILL!KILL! KILL!KILL!KILL!KILL! KILL!KILL! 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MAILBOX CONTINUED FROM PC 6 Dear Editor: Let's fact it, de facto, the faculty state- semi-professionals in the health care field. Though the Center tried to protect its direct care jobs, the prospect of further cuts next year threatens the direct personal care needs of patients. The Buffalo Psychiatric Center fared betterthan somecenters. TheGowanda Psychiatric Center, for example, a smaller center than Buffalo's, will lose over 60 employees due to budget cuts. These cuts will affect direct care positions. The cuts will have disastrous effects on the state-run mental health facilities which serve approximately 45,000 patients statewidethe state. Thesecuts will increase the number of patients each doctor, nurse, therapist, aide and social worker has to serve. Reduced staff will lead to greater workloads for CONTINUED ON PG. 11 ment says this: Upon entering law school, you sacrifice your right to free speech. You may no longer say anything that hurts minority's, women's or homosexual's feelings. You also may no longer say anything that does not support this school's leftist, "politically correct," ideology. Any such statements will be met with Boos, Hisses, Cold Stares, Cold Shoulders, and Talking Behind the Speaker's Back. The speaker will, most likely, no longer be called upon in class. Anyone caught making even one politically incorrect statement will beassumed to be Racist, Sexist and "Homophobic." Anything he or she says to show that he orshe is not racist, sexist, or homophobic will not be believed, ever! This policy has been enacted to ensure the success ofthe faculty's political agendas and the free flow of leftist ideas (to the exclusion ofallothers) inthis exemplaryacademic institution known nationally for its students' academic achievements and Bar pass rates. Hans Tirpak LEGAL Micali Pat Those interested in starting a long-term, focused, disciplined exploration ofalternative dispute resolution possibilities with special emphasis on the Middle East,pleasecontact LindtiSikka, Box 239. Tuesday, Februarys, 1991 • The Opinion 7 �lIL 1 v f fIHH ■ Mm J km M m W 7 Athi m FHdaii, Afarc/i 15, 1991 (Happy St» Patrick's Day!) PIEPER NEW YORK BAR REVIEW'S one day seminar will be offered 9:OO a.m. to 4:30 p.m. i^^li^® NEW YORK CITY jJMI SATURDAY, NASSAU TAPE: SUNDAY, MARCH 3, 1991 TAPES ALSO AVAHABLEAT THESE LOCATIONS: NEW YORK CITY, ALBANY, BOSTON, BUFFALO, SYRACUSE & WASHINGTON: SATURDAY, MARCH 9, 1991 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREE to students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is Feburary 15,1991. The exam fee is $25.00. Late registration will be accepted until March 6, 1991, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 16,1991. For more information contact yourLaw School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-4311 �FICTION The Italian Loafer: OiiJofm 'H. Liciilii Adventures - Caveat Lector This is a work of fiction with biting social commentary. In my two room office the mercury in the thermometer was playing hide and seek with me while a stoney silence had descended upon my telephone. With holiday shopping bills looming on the horizon my fiscal policy needed a big shot in the arm. I started cold calling people mentioned in the newspaper as victims of crimes and accidents, trying to drum up some clients. This was a definite violation of some canon in the MPR or in the CPLR we learned in Legal Confession, but as long as my clients didn't know pro bono from Sonny Bono, I was in the clear. Nothing. Then in walked Owls Gorlas, a man of infant jest and no bull reason a straight shooting smart ass who tipped me on to more clients than my Bhopal travel agents. Owls got his nickname from his wisecracking dispositionand the circular eyeglasses that looked like he'd swiped them off the Hubbell Spacescope. "So, It Guy," he said byway of address. That was his usual shortening of my nickname and I gave him the usual nod of my head. "Well, it is a bit cold in here, but don't let that darken your mood. Isn't it your brother Bri's birthday? Give him my best." I said I would and asked him what he had for me as he reclined in one of the chairs opposite my desk. "Let's get right to the point. I can set you up with as many clients as your avaricious heart desires," he began with a deliberate casual air. I tried to equal his equipoise and would have achieved it had I not coughed up a major organ at the thought of all the money he was suggesting. "Hold on a minute," he cautioned with an upheld palm. 'This is still in its early stages. A couple wrinkles to go, but I'm sure its golden. Years ago a 'friend' sent some weapons to a mid-east country; precedent, right? I'm sure with a few good moves and the use of some clever grandfather clause we could be back in the supply business." I had an uneasy feeling about where Owls was going, but we've always made a killing at fee time. I asked him if the State Department was aware of the activities. "Aware, hell, they were supporting us. Even helped make introductions all around. This target country was busy fighting a very popular enemy and we cheered them on, scoffing at the U.N. when it tried to find a peaceful solution. Sure, private entrepeneurs supplied this target country, and we've done a damn fine job of it. America should be proud that we have maintained customers through good service." Owls stood up to take off his coat as his face flushed with patriotic fervor. I asked him if America took pride in of a Legal Gumshoe arming an aggressive country in an internecine war only to have that country become a loose cannon in the middle eastern balance of power. He dismised me witha wave ofhis thin arm. "You think Iraq v. Iran was mutually destructive? Ha! Saddam is still in charge and the power of the Ayatollah Khomeini eclipsed martyrdom with the bitter man reaching from the grave to inspire his people. No destruction. Iraq is no loose cannon, uninhibited by our standards, sure, but not exactly loose. But I digress, back to selling ammo. Corporations routinely defy legislation by dumping toxic chemicals under the protection of a grandfather clause, why should these private suppliers suffer froma tyranny ofthe majority? I feel that the arms dealers should be accorded the same courtesy. They are no less the entrepreneur than the chemical corporations and no less important an economic indicator. Guns don't kill people at the rate that toxic waste destroys the value of taxable property. Let's face it, this war is not against simple naked aggression," Owls leaned on the back legs of the chair assuming the superior air I detested on that side of my desk. His arguments had the lucidity of the amorally righteous, a combination best left in Criminal Law classes. I told him that nobody would shed a tear for Saddam, but the waste of life to achieve the ironic goal of removing a man supported by the West in the recent past was not lost on the public. Money had fallen into the scales of the World Court. "It was never out of the scales," he replied with his condescending tone. He knew how to get under my skin. "A sound fiscal policy is always a consideration when becoming the aggressor. The international coalition in the Persian Gulf is a peace-keeping force intent on reducing the sovereign nation of Iraq to rubble. I'm sure they have it coming to them. I don't argue since we are at war, and with partisanship stopping at the shore and all, but this country was founded upon the firm belief in God, and you can't have a God without a profit. Keeping arms dealers out of Iraq is sacrilegious and unpatriotic." I told him that prophet is spelled with a "ph" in the middle and received a blank look for my trouble. Owls had obviously twisted his head around one too many times. I ushered him out of my office and lit a fire in my woodburning stove, hoping the mercury in my thermometer would reappear. The newspaper was next to burn, but an article on the page caught my eye. A young man had purchased a gun on the front steps of his apartment building for less than one hundred dollars. Within one hour he was dead. One hour. Arms dealing is the same around the world, we are simply discussing a matter of degree. Who is the criminal, who is the victim? The Deadline for the next issue of The Opinion is February 7 at s:oopm Please submit articles to box 677 or 808. Don t Walk Alone f By Subrata Paul "Be sure not to walk alone." Fear struck my heart as I read these words. Here I was, alone on the Baldy walkway, reading the paper. And in the lower, right-hand corner was a small paragraph about a woman who had been attacked walking to the FlintLoop. Well, what could you expect? If she was dumb enough to be actually walking ALONE at 7:00 at NIGHT, near one of the busiest areas ofthe school... she was just asking for it. Look what happened to Linda Yalem. Jogging ALONE at noon, in an area where everyone, but the UB students, knew that two other women had been attacked... you take the risks, you reap the consequences. So here I was a 22-year-old woman, alone, in the Baldy walkway, having to get to my car. Who to go to? ARTF. They were conscientiously in front of the libraries every day of the week that I had studied late. Walking to one of their stations where their volunteers normally wait, there was no one around. I realized that the libraries had closed a while ago. Okay. Not to panic. There are other avenues to go through. Public Safety, I thinkto myself. Butwait. A faint memory could springs to mind. Wasn't there I be mistaken? No. There was definitely a letterthat had stated how Public Safety had refused to help a woman who had been unable to start her car, very late at night. She had been stuck in a dark, empty parking-lot until her room-mate could pick her up. I didn't have a room-mate. I probably also fell into the area of the . public not meant to be kept safe, being a woman who was out ofthe house, late at night, alone on campus. I was obviously not going to get help from Public Safety. I look again at the little paragraph; nearly overlooked by the fanfare of President Sample leaving. "Be sure not to walk alone." A little to my left are my carkeys. Attached is a whistle given by Phi Delta Theta, which states "Never walk alone." Well, that was easy for them to say. I take a deep breath and look around tc see if any of my friends are still around No one. But wait. There in the corner is a guy I didn't notice before. He looks clear and innocuous. Kinda cute in a conventional way. But then wasn't Ted Bundy? myself to the inevitable. I resign There is no way around it. I have to walk to my car, alone. My keys in one hand, my purse weighed down with heavy objects in the other hand, I slowly and cautiously make my way through the deserted halls. Was that a sound? No. Just my keys jingling in my hand. I stifle them and go outside. I cross the street to get to my car. As I pass through yet another unlighted area, a figure jumps out and grabs me from behind. So I do the only thing any normal female would do. I stick his face with my sharp keys, flip him as I had learned in Judo class, and as he lay on the ground, I hit him with my ten-pound purse. He should have seen it coming. I mean, wasn't he told not to walk alone? . SBA Prez Goes to Superbowl XXV to the nearest Tops Friendly Market and By Taunya Hannibal I've never considered myself a lucky person, but my attitude changed on January 18,1991. On that night I won a trip for two to the Superbowl in Tampa, Florida. I've never won anything in my life except fora bronze miniature pony when I was 9 at a carnival and about three years ago, I won two tickets to see "YES" in concert, for having a sexy voice (I had just awakened before school.) I found out about the trip to Tampa by listening to 97 Rock, which is weird, because I usually listen to CFNY. The D.J. was performing live at the American Sports Cafe and announced a 10 item scavenger hunt to take place the following night at happy hour. The deal was for you to bring in the 10 named items which would qualify you to enter a name drawing. I immediately wanted to enter because the prize was a trip to Tampa to see the Superbowl. I decided to gather all of the items and call my boyfriend to get him to enter also. Mike, a 4th. year Mcd Student at U.8., said he would be at the hospital late Friday and would try and meet me. So, I got my duffle bag and put my longjohns, a seashell, an old Bills ticket, a bow tie, and an invoice from Sports Illustrated inside. Now |,had to purchase an Alice Cooper tape, a jar of Vaseline, a can of orange juice and a Rich non-dairy product. Also, I had to write "97 Rock" and "Bills" on my face. No problem, right? Wrong! I thought I had purchased everything and arrived at the bar. I checked my bag, and Damn, I forgot the whipped cream! So, cursing all the way, I drove . . picked up the whipped cream. Once at the bar, I immediately got the two-for-one special and ordered screwdrivers. That accomplished, I went to register my items and my name. Little did I know, I was supposed to wear the longjohns, so I promptly placed them on my head so I would qualify. Now, I went back to the bar to await the drawing, i met some people and began talking, had another special, continued talking and had another special. I continually asked for the time and dreaded having to go to the bathroom. Finally the time came, but I was way in the back and could hardly hear anything. So, I looked at my drink and that's when someone said, "Taunya Hannibal." I looked up, swallowed, and grabbed the nearest person and screamed "That's me!" I ran up front, jumped up the stairs and kept screaming, no words, just screaming. Then Jim Pastrick said "Congratulations Taunya, You just won two Superbowl Tickets! What do you have to say?" I grabbedthe microphone and said "Ahhhhhh!". And believe it or not folks, that's when I began to cry. I knew how much this would mean to my boyfriend and I just couldn't believe my luck! Imagine, there's snot running down my face and people calling me dirty names all because I won two Superbowl tickets. I know God was watching because the first two ballots pulled were blank. After I found that out, I went back to the bar. That's when I realized I was intoxicated. So, I called my Mom, crying , and asked for my Dad to come and get me. That accomplished, I went back to the bar and toasted my neighbors to my victory. Tuesday, Februarys, 1991 • The Opinion 9 �The Opinion l&lfc NOWI Draw? Take photographs? The Opinion needs you! At the end of this semester elections tor editorial board positions of The Opinion will be held. Join the paper now and pad out your resume while gaining valuable writing experience as well as having lots of fun!!!!! The Fun Starts This Friday At The Library (3405 Bailey Avenue) Come to The Opinion's I Recruitment Party/Happy Hour Where: When: Time: kLowdown: The Library/BBC Friday February Bth 5:00 PM Free Beer ALL NIGHT!!! (Law School ID Needed) 10 Tuesday, February 5, 1991 • The Opinion Free Food 5:00-8:00 �sdfsdfsdfsd The Docket What: When: Where: BLSA Meeting. Tuesday, 2/5, @ 4:30 pm. Room 406, O'Brian Hall. What: When: Planning Meeting for a "Teach-in" on the Persian Gulf War. Wednesday, 2/6, @ 5:00 pm. Room 105, O'Brian Hall. Where: What: When: Where: Federalists Meeting. Wednesday, 2/6 @ 4:30 pm. What: AWLS Clothing Drive. Wednesday and Thursday, 2/6 & 2/7, from 9:00 am to 1:00 When: Room 505, O'Brian Hall. What: When: Where: Lowdown: Forum on Violence Against Women. Thursday, 2/1, from 10:30 am to 5:30 pm. Kiva Room, Baldy Hall (on the first floor.) The Graduate Group for Feminist Studies presents this forurr which will consist of a series of workshops and panels featu ing prominent members of the community, university stu dents, and professors. What: When: Where: Lowdown: The Opinion Recruitment Party. Friday, 2/8, starting at 5:00 pm. The Library, on Bailey Aye. Your only opportunity to meet some of the most with it, hip groovin' law students in the history of ÜB, all gathered together in one place!! What: When: Where: Lowdown: Mentor Program Mixer. Monday, 2/11, from 5:00 pm tp 6:30 pm. Faculty Lounge, O'Brian Hall. Sponsored by the Women's Bar Association and Women Lawyers of Western New York. Wine and cheese will be served, and everyone is welcome. What: When: Where: Lowdown: SASU and USS Legislative Conference. February 22 February 25. Albany, New York. You can get more information on this conference by calling SASU at (518) 465-2406, or Ardeshir in SBA at 636-2748. What: Presentation by Paula Ettelbrick, Legal Director of Lambda Legal Defense. Tuesday, 2/26, @ 8:00 pm. Room 108, O'Brian Hall. Ms. Ettelbrick will be speaking of her organization's efforts to expand the legal rights of gays and lesbians. pm. Where: 2nd Floor, O' Brian Hall. Lowdown: All donations go to Haven House and Friends of the Night. What: When: Where: Lowdown: "Have a Heart" Valentine's Day Food Drive. Thursday, 2/7, all day. Outside the law library. Please bring canned and dry food items to help those less fortunate. This year's program will be held onThursday, February 21, and PUBLIC INTEREST/ PUBLIC SERVICE LEGAL CAREER SYMPOSIUM Friday, February 22,1991. The Symposium is designed to provide students with an opportunity to participate in individual interviews and small group discussions with attorneys and to attend panel discussions on topics related to various aspects of public interest and government practice. They will have an "Open House" format so that students may register at any time on Thursday or Friday. Information on the employers conducting individual interviews and deadlines will be forthcoming. See poster and brochure outside room 308. Budget Con't.from pg. 7 health care providers, and less attention for patients. In some instances, these cuts will put both staff members and patients in harm. The cuts to the Office of Mental Health will affect the people who are least able to advocateforthemselves. The mentallyt ill are among the most vulnerable members of our society. Unfortunately, this status makes them easy targets for the axe of budget cuts. Today, many mentally ill individuals are homeless and living on our streets. This year's budget cuts, along with those expected next year, will mean that individuals with mental illnesses will not be able to find help they need and deserve. In addition, those patients now in mental health facilities may be released prematurely. To make matters worse, outpatient clinics will not have the staff necessary to care for the flood of newlydispossessed patients. In the long run, these cuts will cost a great deal more, both in lives and money, than will be saved now. With proper care, many of our state's mentally ill patients can be reintegrated into the community and live healthy lives. Without propercare, however, these people our sons and daughters, sisters and brothers, mothers and fathers, husbands, wives, lovers, and friends, in short, our fellow human beings, will be forced to remain in institutions longer than is necessary. Others may be released before they are ready, only to end up on the streets, back in an institution, or in jail. This will happen not for lack of concern, but for want of money. The budget cuts to these facilities is both a horrible mistake, and a sad commentary on our state's attitude toward the mentally ill. It istime for our governorand the people ofthis state to educate themselves about the reality of mental illness, and to realize that we are all susceptible to this most terrible of fates — Gulf Crisis Con't. from pg. 5 the war in the Persian Gulf could turn out to be good for auto salesmen, guys who pave roads and bridge builders." The second article is titled,"Gulf Conflict could bring war dividends; Defense contractors expect increase in employment, orders, and profits from war." The first paragraph inthe article merely says, 'The timing couldn't have been better." Where both articles end on page three there is a big advertisement for flag decals, "ONLY $19.95!!" January 29,1991. All morning long, all three networks of the local press advertise that a pro-war rally is planned in Capen Lobby at noon. The college republicans manage to assemble 25 students to sing yankee -doodle dandy and a local radio announcer reports, "hundreds of students are streaming in to Capen lobby." He forgot to mention that most of them went to the money machine and then left. After the rally, none of the college republicans headed off forthe local militaryrecruiting stations which happened to be open for business that day. January 30,1991. The body bags start rolling in as Rambo marines get too close to the Iraqi border and the Iraqi troops come in late at night to mix it up. When: Where: Lowdown: - CONTINUED FROM PAGE 5 1988-1990 STUDENT DATA Total Minority Students Registered: Category 1990 African American 14 M=5 F=9 29 M=13 F=16 30 M=13 F=17 Hispanic 13 M=5 F=8 14 M=8 F=6 13 M=7 F=6 Asian/PI 16 M=13 F=3 12 M=7 F=5 10 M=8 F=2 Native American 2 M=1 F=1 -0- 2 m=o TOTAL 1989 45 1988 F=2 55 55 1989 1988 Total LMP Students Registered Category 1990 African American 9 M=3 F=6 27 M=13 F=14 24 M=11 F=13 White 2 M=2 F=0 2 M=1 F=1 2 M=2 F=0 TOTAL 28 Hispanic 7 M=3 F=4 10 M=6 F=4 8 M=6 F=2 Asian/PI 7 M=6 F=1 7 M=1 F=6 5 M=3 F=2 Native American 1 M=1 F=0 -0- 2 M=0 F=2 Other Minority 2 M=2 M=1 1 m=o 47 1 42 Tuesday. February 5.1991 • The Opinion 11 �ATTENTION: CLASSES OF 1991 & 1992 SPRING SEMESTER DISCOUNT IVHEM YOU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, OR ANY NEW ENGLAND BAR REVIEW. If your registration fee is: $150 $100 $50 Your tuition will be: New York New England New Jersey $1095 $945 $1145 $1195 $995 $1045 $845 $895 $945 Note: Regular tuitions are $1245 In New York; $1095 In New England and $995 in New Jersey. THE LAST DAY TO SAVE UP TO $150 IS tej««wrt> BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 20 PARK PLAZA, SUITE 930 415 SEVENTH AVENUE, SUITE 62 BOSTON, MASS. 02116 NEW YORK, N.Y. 10001 (212) 594-3696 (201) 623-3363 (516) 542-1030 (617) 437-1171 (203) 724-3910 FAX: (617) 437-0698 (914) 684-0807 FAX: (212) 643-9460 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bcff3e032528b1ed4864312373e765ce.pdf 53ec3579567ddbe26c76d2ea269841bb PDF Text Text THEOPINION Volume 31, No. 7 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 20,1990 Kenyatta and Cox square off on death penalty by Steven Levitsky On November 8, The Federalist Soci- ety helda debate pitting UB Professorof Political Science Richard Cox against UB Professor of Law Muhammud Kenyatta on the topic "Is the Death Penalty Constitutional?" Each professorwas allowed an initial 20 minutes to lay out theirpositions, and a secondary 10 minute time allotment to rebut the contentions oftheir adversary. The floor was then opened to an hour long session of audience questions. Cox's initial argument was set out in the framework of rebutting the contentions of Supreme Court Justice William Brennan, a staunch opponent of the death penalty. In backing up his argument regarding the Constitutionality of the death penalty, Cox first referred to the Fifth Amendment, which was added in response to the Anti-Federalist complaint regarding the lack of a Bill of Rights. In adding the Fifth Amendment, Cox stated, 'The founders sawno contradiction because of the government privilege to take away life with due process of the law." Cox further stated the Fifth Amendment gave the government"rights to execute citizens with due process of the law." After giving several quotes by John Locke regarding the natural law and its further necessary conversion into Constitutional government, Cox went on to enumerate the first criminal statute of the United States, which was laid out in the second session ofthe first Congress in 1789. The statute allowed death by hanging for three separate crimes: treason, murder and piracy and felony at sea. Cox emphasized that the Founders of the first government used the death penalty as treatment for the most heinous crimes. This statute was formulated after the bill of rights, which allowed the death penalty, according to Cox. Turning to State Constitutions next, Cox statedthat it was up to each of them to declare death penalty Constitutionality in its own venue. He showed the present and ongoing acceptance of the penalty by the states in giving as examples Missouri and Massachusetts, which both added provisions in 1982 to their state Constitutions stating that no parts ofthe Constitutions may statethere may be no death penalty in the state. The right ofthe governmentto punish is not only consistent with naturalrights," Cox stated, "but it also affirms them." Finally, Cox concluded by stating that he feels, as many do, what President Abraham Lincoln stated at Cooper Institute in 1860 governs the interpretation of the Constitution: only concentrated argument and evidence may beused to take on the Constitution's interpretation. death penalty in his initial arguments. Instead, he gave three humanistic arguments in opposition to the death penalty. His first argument was "mathematical" in nature. "If you kill people, they're dead. They don'tcome back," he simply but effectively stated. "Death is irrevocable. "And is you're doing something which has any possibility of irrevocable error, all precautions must be made not to make that error." As an example of this concept, Dr. Kenyatta used the case of Kemo Ali, a civil rights activist who was accused of mugging and murdering a Chester, Pennsylvania woman in 1970. Though Ali was manifestly innocent, he spent nine months in jail. And according to Kenyatta, but for the fact that he was involved in the civil rights movement and had access to top lawyers, "his ass was fried." "When you're dealing with something like loss oflife which is irrevocable, you don't take chances," Kenyatta stated in conclusion of his prem- ise. the hangman is we," Kenyatta concluded. "When we kill unnecessarily, we don't only take away life we can't replace, but we diminish in some way ourselves." In his brief rebuttal, Dr. Cox stated his relevance of raising Brennan's view as that Brennan is trying to persuade that his way is correct to look at the Constitution, which Cox feels is incorrect. He further stated that he could understand Dr. Kenyatta's argument to not take the Founding Fathers literally, but he enumerated again as the standard of Constitutional interpretive review Lincoln's speech at Cooper Institute. In Dr. Kenyatta's rebuttal, he first brought up the issue of race, which Dr. Cox had alluded to previously. "The death penalty in this country is applied in a very discriminatory fashion," Kenyatta stated. "Traditionally and today, the death penalty is more likely to be applied if the victim were white than black." Next, Kenyatta rebutted using the complete interpretation of the thoughts of the Founding Fathers and their contemporaries when interpreting contemporary matters. "I dont turn to Locke, Jefferson and the rest of the Founding Fathers," he related. They were so backward they didn't allow their wives to vote." Dr. Kenyatta's final argument related to "ourselves: who we are and who do And Justice Brennan's argument of human dignity as the reason to overturn the death penalty does not meet this stringent criteria. Professor Kenyatta interestingly did we see ourselves as." not address the Constitutionality of the "Ask not who is the hangman because Next, Kenyatta conceded that an argument Can be made for the Constitu tionality of the death penalty. But his answer to that question was a resound- - ing "so what." "Don't mistake legality for morality, Constitutionality for lightness," stated Kenyatta, using as past examples slavery and suffrage. Concluding his rebuttal, Kenyatta stated, "You don't kill people because CONTINUED ON PG. 6 Reflections on the domestic violence task force panel discussion by Darryl McPherson Staff Writer On November 8 in 108 O'Brian, the Domestic Violence Task Force presented a discussion to raise awareness of domestic violence and its surrounding conditions. The presentation served to shed some light on the complexities related to the horrendous phenomenon of domestic violence. Fourspeakers were initially arranged to give different perspectives on the issue, but circumstances allowed only the presentation of two. Professor Isabel Marcus had to cancel due to commitments related to her work protecting women's rights through pro-choice activism. Professor Charles Ewing was delayed in court because of his involvement with the well-publicized O'Connell/ Jacobs case. Professor Marcus was to give a feminist perspective on domestic violence and Professor Ewing was to discuss the Battered Woman's Syndrome. Still, the forum did not suffer for their absence, as the point of the evening still came strikingly across. Second year student Sue Tomkins opened the evening by giving the background of the Domestic Violence Task Force. While in New York, Rebecca Eisen discovered an advocacy program CONTINUED ON PG. 6 By Melanie Mecca On November Bth, The Domestic Violence Task Force sponsored a presentation to increase community awareness of the problem of domestic violence. Violence in the home includes not only physical assault, but psychological or emotional abuse, sexual violence or incest, as well as financial and educational deprivation. Luella Clyburn, a social worker from Haven House, spoke on the role of the shelter in Erie County. Joseline Pena, a third-year student, discussed cultural influences on the treatment of women. Founded in 1979, Haven House was the first shelter for battered women in Erie County. The program provides emotional support and counseling for abused women and their children. Victims may remain at Haven House for up to 90 days, or until they make alternate living arrangements. Because Haven House provides only emotional support, Clyburn noted the need for legal advocacy. Victims of abuse are required to use the judicial system to obtain the legal protection available to them, specifically, an Order of Protection. This is issued by a Family Court judge to keep the abuser away from the victim, eithertemporarily or for up to a year. Although seeking such an order is the usual course of action, it often proves difficult as well as inefficient. "Abused women are victimized twice; once by the abuser and again by the system," said Clybum, "we need to clear the confusion." To obtain an order of protection, the victim must first see a probation worker in the legal division of Family Court. If she is convincing at this stage, she will be permitted to appearbeforethe judge. Clyburn is depressed by the procedure. "It all depends on the judge, what kind of day he is having." She insists that advocates be strong so that the judge "grasps the severity of the situation." Oftentimes, the woman is nervous, scared and vulnerable. Having been abused, she is easily intimidated by a male authority figure. Battered women need both emotional and legal support at this stage. Once the Order is issued, enforce- CONTINUED ON PG.B The Opinion Wins ABA Awards! The 1989-90 staff of The Opinion was recently presented with two awards from the American Bar Association's Law Student Division Newspaper Contest. A cartoon by Darryl McPherson won a third place "Award of Excellence" for Editorial Cartoon of Broader Aspects of the Law, and an editorial by Michael Gurwitz won a second place "Award of Excellence" for Written Editorial on Broader Aspects of the Law. Both awards were given to newspapers from Class B law schools those schools with student enrollments of over 700. The Opinion congratulates its winners and looks forward to more awards in the next contest. Editor's Note: Both editorials are reprinted on page 5 ofthis issue. — HIGHLIGHTS Third Floor Personnel pg. 3 Changes ITPI Articles Carried by pg. 3 Westlaw. �JI New York Bar Review Course Summer 1990 Enrollments BAR REVIEW Pkpgr All other courses | combined 2,200+ 250+ Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course �Personnel Changes on the Third Floor by Maria Germani Editor-in-Chief As law students engulfed in ourcurriculla, extracurricular, work and family activities, it is very easy to overlook, or simply forget the support staff that assists our professors, deans, and other administrators in the day-to-day operation ofthe law school. Anyone paying a recent visit to the third floor will discover the many personnel changes that have been made. On Monday, November sth, the third floor staff reported to work as usual. What Charmagne Henry-Alabi, AnnaMarie Nikander, and Sue Szydlowski did not know was that Monday was moving day. Ms. Henry-Alabi, who was formerly a secretary for Allen Carrel, Henry Schlegel and Marlene Cook, as well as the administrative backup for Cheri Tubinis, (Dean Filvaroff's secretary), now works with Aundra Newell, Assistant Dean for Admissions and Student Affairs, and Lee Albert, Associate Dean for StudentAffairs. AnnaMarie Nikander used to occupy this position, and has been relocated to Room 314, where she has replaced Sue Szydlowski. Sue Szydlowski has been moved to the fourth floor where she is now a secretaryfor Professors Lucinda Finley, Jeff Blum, Lou Swartz and one other professor to be named at a later date. The shuffle came as a surprise not only to the individually affected employees, but also to the co-workers and students who work closely with them. Thereasons forthe reorganization differ depending on whom you ask. According to several people familiar with the situation, the disruptionresulted because of a personality conflict between Marlene Cook, Assistant Dean for Budget and Resource Management, and Sue Szydlowski-who worked closely under Dean Cook. A recent eyeball-rolling incident further aggravated the somewhat tense relationship between the two women. In a recent interview, Dean Cook denied the personality conflict, and instead stressed certain difficulties between Ms. Szydlowski and several faculty members. Dean Cook noted Ms. Szydlowski's technical abilities as her budget assistant and stated, "I had to make a hard decision, and I made it." According to Dean Cook, as a newcomer to the law school two and a half years ago, she was informed of the dissatisfaction of several faculty members and administrators with Ms. Szydlowski, and theirdesire to have Ms. Szydlowski relocated. Dean Cook remarked, "I protected Sue for two and a half years." Dean Cook was concerned with keeping student information and services on the same floor and within one area for the sake of convenience and confidentiality. For this reason Ms. Nikanderremained on the third floor. Likewise, Dean Cook felt Ms. Szydlowski was better suited for the position of faculty secretary. Most of the support staff here at the law school would agree that their main concern is to address the needs of the students and faculty, to the satisfaction ofall the law school's Deans-particularly Dean Filvaroff. Indeed the dedication and accomplishments of both Ms. Szydlowski and Dean Cook is unflinching. Both women have a long history with the University, and the resulting network of contact people in the University's many divisions is key to their success in serving the particular needs of the law school and its student body. Dean Cook's role in updating the school's facilities to accommodate law worked closely with law school student organizations, especially concerning their expenditures. The Law Review and Moot Court Board often sought Ms. Szydlowski's help and benefited from hercontacts. According to CarlTierney, the Law Review went to Ms. Szydlowski for "basically anything that dealt with money, or the outside world." "She was great." Cheri Tubinis commented, "They just moved a person who was very good with the students." Conversations with several third floor employees and faculty members have revealed the different working styles of the two women. More than one person has described Dean Cook as a "Yes Man" [sic]; aiming to please her superiors at all costs. "Even if Marlene saw the same problems Sue did, she didn't voice them.' Some law school employees have discussed several incidents concerning Ms. Szydlowski which have reflected her working style as well. "Insubordination is the word that comes to mind. Another reason which provoked the reorganization, was the deteriorating relationship between AnnaMarie Nikander and Aundra Newell and Lee Albert. Most ofthelaw school employees familiar with the politics of its support staff would agree, as does Ms. Nikander herself, that she was not happy where she was and is unsettled with heradded responsibilities in Room 314. As a fulltime employee working with Dean Newell and Dean Albert, Ms. Nikander was responsible for personnel and payroll matters. The personnel changes came as a surprise to her too. In addition to her previousresponsibilities, Ms. Nikan- der has inherited the budget-related tasks which Ms. Szydlowski previously oversaw.Ms. Nikander is looking for- ward to the challenges of her new posi- tion, and describes her situation as "a day-to-day learning experience." "As things come up, I have to drop what I'm doing and look into it." A common point ofcontention among many ofthe employees was the lack of notification and communication to the affected persons. According to one employee, "people are bothered by the way it was handled." No meeting was called by anyone to announce and discuss the significant changes. Ms. Szydlowski was informed at her home on her day off from work, and Ms. Nikander and Ms. Henry-Alabi were told the day of the reorganization. Many employees question whetherthe reorganization warranted the emergency password-of-lock changes which they stumbled upon. Morale at theoffice was very low immediately following the sudden reorganization, but seems to be improving. One employee who wished to remain anonymous, discussed the low morale sincethe personnel changes, "Nobody hardly wants to come in." "If little obstacles come in the way, people just shut down." Initially disappointed in the reorganization, Ms. Szydlowski is looking at the brighter side of things. She looks for- ward to the greater amount of time she will spend at word processing, affording her the opportunity to become more familiarized with Word Perfect. According to Bradley Gayton, a third year law student who has worked very closely with Ms. Szydlowski in Room 314 over the past two years, the recent reorganization is a waste of Ms. Szydlowski's skills. "Her skills are being underutilized." Many of the affected employees would agree that once the dust settles, things will return back to normal. students with special needs was instru- mental, to say theleast. Ms. Szydlowski Labor Leader Decries ITPI Articles Picked Social Injustice Up By Westlaw by Andrea Sammarco News Editor Although it is one ofthe highest-funded student organizations at ÜB, The Center for Public Interest Law goes about its business withrelatively little fanfare. Its business, specifically, is the creation of the In the Public Interest law journal, which is dedicated to publishing scholarly or journalistic articles on law, society, or public policy. ITPI. as it is better known, calls itself "an alternative law review," and the quality of the publication is more than sufficient to give the Buffalo Law Review a run for its money. It is carried by law school libraries across the country, as well as many public interest law firms and agencies. It isalso currently distributed to all faculty members and students in the law school. Its editors-in-chief are Jonathan Johnsen, Terri Mayo, and Gerri Zang, and approximately 20 students make up the rest ofthe editorial staff. Many involved with the publication consider it to be the alternative route to distinguishing one's self from the masses, while working towards a worthy cause in bringing issues of public interest to light. The people at LTPJ have good reason to be jubilant these days. Five articles from past issues have been included on theWestlaw database, 3 from volume 9 and 2 from volume 10. This increases the visibility of the publication as well as UB Law School, and contributes to our image as a highly rated institution. According to Johnsen, "We work very hard to put out the best journal we can with the resources given to us, and I think the fact that we're carried up by Westlaw is testament to that fact." The articles from volumes 9 and 10 are only the most recent in a string of acquisitions added by Westlaw from past ITPI journals. ITPI is currently soliciting articles for publication in its Spring 1991 edition. The journal will accept articles from faculty and law practitioners, but especially encourage students to submit scholarly papers, examining legal issues in their social, historical and political contexts. Papers are considered anonymously. To submit a work for consideration, 3 copies of the paper (identified by social security numberonly) should be left in an envelope in the mailbox of either Jonathan Johnsen, Terri Mayo, or Gerri Zang. The author's name and mail box number should appear on a separate sheet of paper alongside the envelope. Submissions must be received by January 19,1991. Publication decisions will be made in late January, and applicants will be notified of those papers selected by mid-February. ITPI is also interested in finding a graphic artist to provide illustrations for the 1991 edition. Interested parties may apply to the above mentioned mailboxes. system in Guatemala," reported Munoz. Over one-hundred thousand people by Nathaniel Charny Staff Writer "Social Injustice" was the message that Guatemalan labor leader Sergio Gunzman Munos brought to O'Brian Hall on Thursday, October 25th. Munos, a national labor leader and organizer, used his visit to Buffalo as an opportunity to explain the difficulty that he has had in trying to organize workers to fight for better working conditions in Guatemala. Despite tremendous efforts being made, the workers of Guatemala are facing a worsening situation every day. Munoz blames the difficulty on the limitations that the government and military put on union organizing. There is no right to union organizing; worker's rights are a notion that is unacceptable to the groups in power. There is no concern for working conditions. "Without the power to unionize, it is nearly impossible to remedy what is happening in the workplace," says Munoz. "In some cases," explained Munoz," the Government will go as far as to illegally close factories in order to avoid the workers from organizing a union." Perhaps the greatest obstacle to union organizing in Guatemala is the state of terror that the government has created. "Death threats, kidnapping, and killing ofworkers in the popular movement are tactics used to maintain a state of terror and the ability to maintain the present have been murdered during the thirtyyear military rule of Guatemala. The major overallproblem, according to Munoz, is the disproportional land ownership in the country. 70% of the land that can be cultivated is in the hands of 2% ofthe population. "This is an example of the inequality of wealth and poverty in Guatemala." "There is a profound social crisis occurring in Guatemala," according to Munoz. "There is 50% unemployment. 8% of all children between birth and one-year dieof malnutrition. 80% of all children overthe age ofone show signs of malnutrition. Medical care is almost entirely inaccessible for the general population. 87% of the population is poor or extremely poor (not able to meet basic nutritional needs) and 52% of the general population is completely illiterate. Democracy is associated with these things. Guatemala islacking these basic human rights. Guatemala is lacking democracy." Munoz explained that the 1985 elections in Guatemala were meant to bring an end to thirty years of military rule and oppression and to implement the "National Plan for Security and Development," a promise by the military to remedy the worsening social crisis in the Country. Christian Democrat Vinicio Cerezo Arevalo was elected President of the second civilian government of CONTINUED ON PG. 8 Tuesday, November 20,1990 • The Opinion 3 �opiMONjiiir Volume 31, No. 8 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: November 20,1990 Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco jonn B. Licata Michael D. Gurwitz jjm Monroe R on R USCzyk EDITORIAL A major departure from First Amendment precedent occasioned this past weekend when the Supreme Court refused to lift a gag order placed on Cable News Network. Eleven days ago, JudgeWilliamH. Hoeveler, the Miami Federal District Court judge presiding over the narcotics-trafficking trial of Gen. Manuel Antonio Noriega, issued a temporary restraining order to Cable News Network prohibiting CNN to broadcast several tape recordings of Mr. Noriega's jailhouse telephone conversations with his attorneys. CNN reacted by filing an emergency stay of the order and simultaneously sought to schedule arguments on the constitutional merits of the dispute. While Justices Thurgood Marshall and Sandra Day O'Connor dissented in a two-paragraph opinion, the majority issued its order in just one sentence—devoid of any reasoning forls decision. But the most disturbing part of the Court's decision is its refusal to grant CNN a hearing on appeal. Review by the Court at this time might be deemedpremature, since CNN may seek review downthe road if Judge Hoeveler does indeed permanently bar further telecasts of the taped conversations. The Supreme Court has never upheld a prior restraint against the press when it has addressed the merits of suchan issue. Twenty years ago the Courtfitted a judicial order blocking the publication of documents depicting the U.S. involvement in the VietnamWar. In the Pentagon Papers case, the Court ruled the government had not met its heavy burden warranting the gag order. Taping prisoners' telephone conversations is not unusual. Federal standards require the recording machines to be turned off at the inmate's request, h is difficult to believe Mr. Noriega was not made aware of this by his attorneys. The circumstances surrounding this case reflect the incompetence and/or eagerness of the Justice Department to prosecute and convict the outlaw who for so long occupied the U.S. government's most wanted list. In light of the fact that the Justice Department also wantsthegag ordertostay in effect, onecannot help wonder if the contents ofthe tape recordings would be more damaging to Mr. Noriega or the U.S. government. The result of the Justice Department's gung-ho behavior has resulted in the competing claims of Mr. Noriega's Sixth Amendment guarantee of a fair trial, and the press' First Amendment rights. An unfortunate consequence has been the undermining of the First Amendment. What ofthe Court's landmark 1976 case, Nebraska Press Association v. Stuart, which resoundingly reinforced the constitutional presumption against prior restraints in almost ail instances? Will trial judges go gag order happy? An almost certain consequence is the dilutionofthe appropriate standards to be applied in deciding to issue temporary restraining orders of the kind Imposed by Judgti Hoeveler. This is cause enough to be concerned. The Opinion wishes all faculty, students, and staff a Happy Thanksgiving. Staff: Nathanial Charny, Lenny Cooper, Darryl McPherson Contributors: Steven Levitsky, Melanie Mecca, Hans Tirpak, Tom Winward (ECopyright 1990. The Opinion, SBA. Anyreproduction o< materials herein b strictlyprohibited without theexpress consent of the Editors. The Opinion is published every two weeks during theacademic yuear. It is thestudent newspaper of theState University olNew York at Buffalo School of Law. SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo. NY. Editorial policy of The Opinbn ie determined collectively by theEditorial Board. The Opinion is fundedby the SBA fromStudentLaw Tees. TheOpinion welcomes letters to theeditor but reserves the right to editlor length and Übebus content. Letters longerthan three typed double spaced pages win notbe accepted Please do not put anything youwish printed underour office door. All submissionsshould be placed inlaw schoolmaiboxes 677 or808 by thedeadlinedate. Deadlinesforthe semester are posted in the mailroom and outside The Opinion offbe. 724 0 Brian. THE OPINION MAILBOX An Answer to the Call For Responsible Art The commentaryby Brian Carso in the 10/23edition ofThe Opinion calling for responsible art was very well written and thoughtful. It was not the typical article which suggests limiting the creative freedom of artists through either controlling purse strings or outright censorship. Instead, it called for something that all endeavors should require, responsibility. I guess that the traditional rabid attack on immoral artists would have made me more comfortable. I say this because a well written, thoughtful call for responsible art can often be more dangerous. The author has asked us to remember that an open mind that is not critical is dangerous and suggests that we need to think more clearly where art is concerned. We must also remember to feel, to experience for ourselves and to be careful when suspending our own beliefs to experience the world of the artist. Therein lies the key to responsible art. WhetherBrian knows it or not he too is an artist who has created a work in the form of an article He presents a message, crafts an argument, provokes thought and evokes emotion. He too must therefore be responsible. From the start of his article 4 Tuesday November 20,1990 • The Opinion MAILBOX CONTINUED he appeals to our emotions of fearand hate of the reprehensible crimes ofrape and murder. In these examples he warns that culture/art may affect behavior in an adverse manner. This is probably true in some instances but those same troubling images, songs and sculptures can, like Brian's article, carry important messages. Remember that some of the great morality plays dealt with subjects like war, incest, murder and rape. They are important because we judge them by the message not the content of the work. Art is a strange mixture of the interplay betweenthe critical mind and thefeeling soul. It challenges society's norms as wellas it reflects them. With this in mind, I take it upon myself to answer some of the questions posed by the article. Yes, if an object has anyaesthetic value forone individual then nobody should impose a standard of judgment. Instead, people must challenge the work, the message, the artists and, through a give and take, advance our society. The imposition of creative standards can only be stagnating. Yes, we do want the explicit depiction of rape and murder for the purpose of entertainment but it must never be passively accepted. This is wherethe responsibility in art must lie, not solely upon the creator but upon those who experience it as well. Yes, we do want to provide an audience for musicians who celebrate the violent degradation of women, while at the same time we mourn those who have suffered beyond our comprehension the horrors of violent sexual assault. We need these forums to understand the contradictions within ourselves and humankind. Denial of certain subjects will not make the underlying problems go away. Brian asks, what literature, what songs, have suggested the behavior of the depraved among us who have caused such grief? I simply cannot answer that question. However, I am unwilling, as our society should be, to risk the literature and songs of the future which may inspire greatness simply in the name of responsible art. Tom Winward An Objection to The Dissent Characterization I would like to respond to certain allegations made by Gary "Loose Cannon" Ketcham in the latest issue of The Federalist Papers. These allegations appeared under the headline 'The Dissent Won't Print Dissenting Views." As an editor for The Dissent. I feel compelled to object. I would first point out that Gary never attempted to submit his critique ofTheDissent to us. If he had, he almost certainly would have found us quite willing to run it in our next edition. After all, truth is a relative concept, and certainly not a prerequisite for any articles perused by human, (and therefore fallible), editors. We never reject articles based on the number of falsehoods we think are contained therein. As for his assertion that we rejected an earlier article which he submitted, due to some substantive disagreement with its message, this is simply not true. Thearticle to which Gary is referring was a response to a response to a piece he had printed in The Opinion last January. First of all, the article was rejected because we simply didn't have enough room to include it in the upcoming issue of The Dissent. Moreover, everything Gary relayed in the second article was already in the one The Opinion had previously printed. Finally, we believed that the length oftime between the original article and the publication date ofan issue subsequent to the May issue (which would have knocked it into this, semester), made the article way beyond "moot" and into "redundant." Let me pay the obligatory homage to the concept of free speech, although I feel that it goes without saying that the first amendment is a large part of the reason why this country is one of the greatest in the world. Free speech is a great and noble concept. Unfortunately, it is also all too often a talisman, a rallying cry, used to inflamerighteous indignation inthe hearts of the masses, without any accompanying sense of exactly what it means in particular situations. At the risk of stretching the imagination to its limit, suppose that a UB publication (The Federalist Papers, for example), received submissions from every student in the law school. Unless they possessed unlimited resources, it would be folly to suppose that every article submitted would be published. Is this censorship? I have heard criticisms that the most recent issues ofTheOpinion contain too many editorials, and not enough news. If the editorial staff were to try to rectify this situation by limiting editorials and accepting only news articles, I think we would again hear the cry of censorship. My point is that there is a qualitative difference between substantive and procedural omissions. This is a reality in practice, but unfortunately a lost concept in theory, especially among those proselytizers whoare not subject to its limitations on a daily basis. The Dissent and the people involved with it have consistently made serious and concerted efforts to solicit articles from any and all students or faculty interested in voicing their opinions. Indeed, this isthe reason for its creation. We therefore take it very seriously when suggestions are made to the contrary. The Dissent has become an independent journal, not affiliated with any group, precisely for the purpose of avoiding the perception that it is politically slanted. The worst repercussion that could arise from Gary's accusations would be a feeling on the part of any element in this schoolthat it could not adequately be represented by this publication. I once again stress that this is not the case, and have personally made every effort to talk to any individuals who I perceived might have felt otherwise. Consistent with the aims of The Dissent. I reiterate that we invite any and all submissions and will do our best to provide a forum for open and vigorous debate at this law school. Finally, in the spiritof boundless good will, we would like to extend a special invitation to Gary. If he would like to submit a rebuttal to my editorial (and I feel certain this is the case), we will gladly offer up space for it in our next issue, accompanied by the gentle reminderthat we generallycan only afford torun an eightpage paper. Andrea Sammarco Second Year Law Student �GROUND ZERO Two Sad Tales of Justice Without Mercy Once upon a timethere was a woman named Delia Alaniz. She lived in Washington State with her four children and a husband named Roy. For seventeen years, Roy beat, raped, and psychologically abused Ms. Alaniz and her children. She tried toimprove her situation through all the legal channels: by running away, applying for police protection, and seeking help from shelters. But every attempt failed, until one day by Michael D. Gurwitz Layout Editor Roy told her that he would kill her and rape her children. Out of desperation, Ms. Alaniz paid a man $200 to kill Roy. On March 31,1987, the man shot Roy to death, and Delia Alaniz was arrested and charged with first degree murder. The judge who heard the case refused to allow as a defense the Battered Woman Syndrome. That defense can only be used when a woman kills the abuser in self-defense or an imminent attack. The judge did not consider the past seventeen years of battering that Roy inflicted on Ms. Alaniz and her children, nor his previous threat to kill her, as danger sufficient to trigger the Battered Woman Syndrome defense. He also did not care that she had tried all legal means to keep Roy away from her (and was beaten when those attempts failed), and that she acted out of desperation. Delia Alaniz plead guilty to second degree murder and was given 10 years in prison. Justice,according to the judge, had been served. After a series of protests by women's rights organizations and Hispanic groups, Delia Alaniz was granted clemency by Governor Booth Gardner and set free. She had already spent nearly two years in jail, in addition to the seven- AMERICA? THIS IS 6j teen years of abuse she had suffered at the hands of Roy. Let'sjumpacrossthecountry. In New Port Richey, Florida, Pamela Forney, a 26 year old part-time bartender who is single and two months pregnant, was recently sentenced to 60 days in jail for (ailing to pay a fine for a D.W.I, convic- tion in 1987. Ms. Forney asked for a 10 day postponement of her sentence so that she could have an abortion. She feared that she would not be able to get a safe abortion by the time she got out of jail, and explained that she was financially unable to care for a baby. Both the defense and prosecution agreed to the postponement, but not the judge. "Do you want a continuance so you can murder your baby, is that it?" squawked Judge Dan C. Rasmussen. He ignored Ms. Forney's pleas and the opinions of the attorneys, and sent her to jail. He did, however, offer Ms. Forney a way out of her dilemma: she could carry the baby to full term and then give it up for adoption. Thank you, Judge Rasmussen I'm sure you would do the same for your own daughter any — day. These two cases indicate a serious lack of mercy in our judicial system. The fact that the defendants in both cases are women, and not men, may or may not be significant I can't say for certain. But I do know that in both cases, the judges opted to impose the harshest punishments against the defendants, when more compassion for theirplights was in order. In the Delia Alaniz case, I think that most people would agree that Ms. Alaniz had suffered enough as a battered woman, without also having to go to jail. In fact, I think that most people, despite our system of justice in this country, would applaude Ms. Alaniz' actions. I do. Roy was a bastard, and mental — illness be damned. While death maybe was too harsh a punishment (no comment), he at least deserved to have the stuffing beat out of him. Ms. Alaniz, however, did not have that option. She was a woman trapped in a nightmare. Imagine being beaten by the same person for seventeen years, all the time going to the courts and the police for help, and receiving none. Then imagine, after seeing how there was no one at all to help you, that your tormentor vowed to kill you andrape your children. Would you not be pushed to the ultimate act of desperation? The judge in the Alaniz case would not accept the Battered Woman Syndrome defense, because Ms. Alaniz was not being beaten, or in imminent threat of being beaten, at the time Roy was destroyed. In other words, it would have been better for Roy to have been in the process of beating Ms. Alaniz yet again when she killed him. Such legal reason- ing might satisfy those whose lives are lived in law books, but the rest of us live in the real world. Our lives are not abstractions to be placed neatly into artificially made laws and punishments. If a judge cannot evaluatethetotal picture and act accordingly, that judge should hang up their robe and get a new job. Fortunately for Ms. Alvaniz, the Gov- ernor granted clemency. But how many other Delia Alaniz's are there rotting in jail because they acted in desperation, but desperation was discounted when their case was reviewed? I do not know the answer, but the legal community must examine this question. Papillion was sent to Devil's Island for stealing a loaf of bread to feed his hungry family. Justice? Back to Florida. As the recent legislative battles showed, Florida is still a state wherein women have reproductive freedom. Pamela Forney wanted to exercise this freedom by having an abortion before she went to jail. She decided that under her present circumstances, having a baby was a bad idea. Unfortunately, Ms. Forney's judge is the kind ofman who puts the rights of an undeveloped human being before the rights of a fully developed, walking, talking woman. Go ahead, he said, carry your baby for seven more months and then give it away. Whatsa matter, you don't like the idea of giving your child away for adoption? Too bad, for I'd rather see you give birth and lose the baby, rather than have an abortion. I know what's best. Judge Rasmussen can go to hell. A single, partially employed woman is about to go to jailfor two months. This time lag can make the difference between a safe abortion and a risky abortion. What difference would an extraten days make as far as Ms. Forney's suffer- ing her punishment? None! The judge iscompounding her punishment byforcing her to give birth against her will. As with the Alaniz case, he is adding punishment to punishment. Mercy does not enter into the equation. As future lawyers, and maybe future judges, it is our responsibility to see that justice is done. Just because someone commits Crime A, it does not mean that they must suffer Punishment B. Laws are words made of ink and stamped onto paper. Humans are much more complex. X is essential to keep in mind the flesh and blood subjects ofthe cases we read, and to consider our own weaknesses. It is also essential that we do not wield our newfound power with an iron fist. Unless mercy is factored into ourwork, there will be injustice, and that is, of course, intolerable. Editor's Note: This editorial was originally printed in Volume 30, Number 7 of TheOpinion.(ll/8/89). �National Law Student Campaign Takes Aim At Legal Crisis by Hans Tirpak I would like to take a few moments to explain a situation that has resulted in a clash between my morality and my sense of reason. Please take the time to read thisarticle carefully because it can easily be misinterpreted. Most people's views on issues related to racism, particularly the issue of evidence ofracial discrimination, are rooted in notions that stem from the basic issue of genetics versus environment with respect to the development of intelligence. People on the political left generally believe that genetics plays no role in the development of intelligence, that all people at conception have equal intellectual potential, and that any ascertainable differences in intellectualability are the result of environmental factors such as nutrition and education. These leftists generally expand on these beliefs to the point where they honestly believe that situations where money, jobs, or other social goods are not distributed proportionately amongst the races are prima facie evidence of racial discrimination. Many also believe that racial quotas are the only way to prevent future racial discrimination and to remedy past discrimination. Moderate opponents of this kind of thinking generally believe that genetics play at least some role in the development of intelligence, that all people at conception do not necessarily have equar intellectual potential, and that environmental factors are responsible for most, but not all, ascertainable differences in intelligence. These people generally expand on these beliefs to the point where they honestly believe that, although environmental factors and genetic variation within each race make incorrect the notion that all people ofone race are more orless intelligent than all people ofanother race, it may be fair to say that people of a particular race will be slightly more orless likely to develop intellectually in any given environment due to genetic advantages or disadvantages. These people generally believe that situations where money, jobs, or other social goods are not distributed proportionately amongst the races may be evidence of racial discrimination, socio-economic disparities between races causing people of one or more races to excel intellectually and/or economically, genetic intellectual endowments being more common in some races than others, orany combination of the three. Many of these people believe that if there were no racial discrimination, then money, jobs, or social goods would probably not be distributed proportionately amongst the races anyway, so the concept of racial quotas is based on an entirely false premise and would, in application, lead to even more racial discrimination. I believe that racism is an evil and as a result, t am faced with a perplexing intellectual dilemma. I want to agree withthe leftist viewpoint and believe that all people at birth or concept ion have the same potential for intellectual development, but I cannot deny the reality that genetics plays somerole in the development of intelligence. This reality is hard to accept, but it is true. The existence of genetic causes of mental retardation, and the existence of near human species such as the chimpanzee that possess some level of intelligence not quite reaching that of the average hu man, are both evidence of genetics' role in the development of intelligence. How much of a role genetics plays is not presently determinable. But, even if it turns out that genetics plays only a minimal role in the development of intelligence, as the above reality compels me to believe, it still holds that the beliefs held by the moderate opponents of the leftists are correct. I know that this country has an extensive history of discrimination against minorities, and I can understand the desire for a quota system because it appears to be a way of preventing future discrimination and undoing the effects of past discrimination, but, in the quest for this restitution called racial justice, all people must be prepared to deal with a dangerous ax held by both moderate and radical opponents ofthe leftist viewpoint. This ax isthe nondisprovability of the notion that the success or failure of different racial groups in incorporating Kenyatta: Domestic Violence: from page 1 from page 1 for battered women at New York University,and decided to get one started up at ÜB. Through the efforts of Ms. Eisen and Catherine Cerulli, the Task Force has arranged to work with Neighborhood Legal Services, the Volunteer Lawyer's Guild, the Women's Bar Association, and the Erie County Bar Association to make the program a success. The first speaker was Luella Clyburn from Haven House, a shelter for battered women and children. Ms. Clyburn, a social worker, began with the definition of domestic violence. She explained that the term includes, but is not limited to, physical assaults, psychological oremotional battering, forced sexual activity, and economic control. Without intervention, domestic violence does not stop, and tends to get worse. Haven House serves to provide the first step on the road away from abuse. Ms. Clyburn gave the history of Haven House, and explained how it operates. Part of Child and Family Services, thefirst shelter was established in 1979. The women helped by Haven House come from either police referrals or through the twenty-four hourcounselormanned hotline. Once in the hands of Haven House, the victims of domestic violence have a chance to mentally regroup in a safe place. An individual counselor is assigned to the womanas she works on a plan for her future. A typical stay at Haven House can last between two to ninety days, with the possibility of a thirty day extension. As part of her contract with the shelter, the woman is required to seek housing. With a program called CHIPS, Haven House helps children by allowing them to express theirangerthrough drawings and playing withclay. There are teachers on the site to eliminate the risk of child abduction. Through the Outreach and Advocacy Program, ofwhich Ms. Clyburn is a part, Haven House continues the counseling to aid the transition from the abusive environment. Using support groups and counseling, it aids women in dealing the law says so, but you do change the law." The audience participation segment of the debate was extremely spirited, w it h nu merou st nought-provoking questions being discussed. Most interesting was a question by an audience member which asked Cox to give his reasons for present application ofthe deathpenalty, and Kenyatta why the death penalty is unconstitutional based on the intent of the framers. Cox stated, "Lincoln would say 'read Macßeth for the proper treatment of death.'" Kenyatta gave two argumentsregarding original intent. First, he stated that there is an argument to be made for the death penalty being "cruel and unusual punishment." Further, he saidthe death penalty discriminates soagainst the poor because there is no due process. THE PASSWORD: lIS Srvenlh Avenue Suilt 62 v-» York. N.Y. 10001 212H9V3696 <M6)542-1030 914)684-080' (201)623-3363 •AX (212)643-9460 6 20 Park Plaza. Suite 931 Boston, MA 02116 (6P)695-99« (203)724-3910 FAX: (6f)695-9386 Tuesday November 20,1990 • The Opinion with their feelings. The goal is tocreate a positive atmosphere to make the women feel good about themselves. Ms. Clyburn stressed that Haven House provides emotional support for its clients, and is a "hand holding" guide through the legal system, it does not provide outright legal advice; it offers options, but not directions. Ms. Clyburn described the process the afflicted woman must go through with the legal system. The entire proce- "...some cultures treat violence against women as an expected part of life." dure can be difficult for the woman as she tries to btain protection. Authority figures such as judges can be intimidating for someone so used to taking a submissive role. Additional hurdlesarise with police enforcement of Orders of Protection. Police attitudes toward domestic situations can hinder their actions. For example, the police prefer spousal reconciliation rather than arrest. Ms. Clyburn also feels women's needs are not well addressed by the Criminal Courts which try to arbitrate the issue before issuing an Orderof Protection. The second presentation was by Joseline Pena, a third year law student who used to work for Haven House. Ms. Pena spoke on the link between cultural into and excelling in society may be partially attributable to differing occurrences of genetically based intellectual endowments within people of each racial group. In situations where people of one race are succeeding better than people of another race, be it whites excelling in Selma schools, or Asians excelling in American universities, opponens of the leftist viewpoint can lash out with their ax by saying that these situations may be the result of racial discrimination or differingenvironments, but may be the result of genetically based intellectual endowments being more or less common in the different racial groups. Until it can be proven scientificallythat genetics' role in the development of intelligence is entirely negligible, there will be no intellectual shield to defend against the intellectual ax wielded by the leftist's opponents. This lack of intellectual shield is the reason why I am faced with my intellectual dilemma, and why leftists, when confronted with their opponent's ax, sometimes resort either to emotional pleas or the argumentatively invalid tactic of attacking the speaker instead of the idea. I am always open to new ideas, and I would sincerely like to see the leftist viewpoint proven correct. As a means of accomplishing this, I welcome any correspondence by mail that does not attack me personally, and that helps to broaden myunderstanding ofthis issue. traditions and domestic violence. To illustrateher message, Ms. Pena played a song in Spanish. Noting the bouncy and happy rhythm, she translated the lyrics. A man was singing that if a woman did not go with a man, he could hit her. The demonstration ably pointed out that some cultures treat violence against women as an expected part of life. The men are ruled by machismo, and have well defined expectations of their women. If a woman is not a virgin upon marriage, shecan be "returned"to herfamily. She should keep a clean house and have children; any failures in those areas justify abuse. Ms. Pena read the true story of a woman, Pilar, currently living in an abusive relationship. She told of the fearand control the husband, Manuel, maintains over the family. She explained that a woman stays in such a relationship because she is economically dependent and emotionally attached to the husband. She still loves the man, but not the abuse. Ms. Pena currently works with La Casa, an organization helping refugees from various cultures flee to Canada. In her experience, she found that one must be careful not to be judgmental. Originally hailing fromthe Dominican Republic, she has herself become "Americanized," and questioned how women can hold onto cultural values which keep themdown. In closing, Ms. Pena read a Spanish poem thatvividly describedthe low value that can be placed on women. Despite the high rate of return to Haven House, the program continues to try to meet the women's needs. Ms. Clyburn, a former battered woman, proves success can come from the program. Haven House seeks volunteers to man the hotline and accepts donations. One oftheir ultimate goalsis to have a legal advocate at the shelter, which currently serves thirty-six women. In the future, the Domestic Violence Task Force plans to show a film, and hopefully have a Family Court judge speak on the issue �The Politics of Hostages LItaliTnhe oafer: byjofin 'B. Liciua 'Jallures'Editor He walked into my office looking like he had just gonefifteen rounds withthe Rule Against Perpetuities. Therewasn't much to him and what was there gave me the willies. His skin was stretched tight around a gaunt frame giving the impression that he was the blue light special in the hospital nursery. His shoes squeaked when he crossed the room to collapse into the wooden chair opposite my desk and his voice sounded no better than his shoes. "Are you the Loafer?" I pointed to the neat lettering on my doorand told him that I'd read it aloud to him if he was having toruble with his eyes. "You're the Loafer alright. I want your help," he talked as he fished through his pockets. 'There's this memo I've got to write and I think I'm in over my head. I have no profile on the professor, so I don't know how to write to get the best grade." His pained expression turnedto relief when he pulled out an envelope from his breast pocket. "How much for your help?" I asked him his name. 'Teddy Kennedy Milhouse." I asked him if he had ever heard of the Code of Professional Responsibility, ethics, or plain old fashioned morality. "Not really." Good. I took the money and asked what I could doto help a fellow human in trouble. "I want you to write a memo about what law school is all about." He got up wearing a smug smile since I had already accepted his offer. It was obvious he was keeping up with his assignments in contracts. I counted the money as he walked out of my office. He had paid for three solid days of investigation and regardless of his odiousair he was going to get his moneys worth. Unless, of course, I could whip off a good memo tonight then I'd have two day worth of easy living and Teddy would be none the wiser. I placed a call to Claudette Glaviano, a woman who could tell me everything about anybody doing anything. The only problem was she had trouble with names. Asthings turned out, her housemate was having a case of the fugglies and Claudettewas heading out the door to get some lard for some cookies baked from scratch. I didn't argue with her since I didn't understand what she was talking about. I did suggest substituting butter for lard before I hung up the phone. Things took a turn for the worse as informant afterinformantcouldn'tgive me a handle on the whole law school thing. It gradually became very clear that I would have to head to the last place I wanted to be: the law library. It was a noisy place with the change machine cranking out quarters, the phones incessantly ringing, a line of chatty people waiting for the sole working copier and a crowd of miscreants sitting ona bench outside the front door arguing politics. After a couple questions to the friendly librarian I was taking an anemic elevator to the seventh floor to find some books on the law school experience. The elevator opened into a deserted hallway filled with dustybooks and empty chairs. A fitting repository for the meaning of law school to be: in the idle attic of academic pursuits. I made my way to the back of the stacks as the librarian had suggested. On the floor of the last row was a sleeping bearded man clutching a book that looked like one of those ponderous texts that yuppies stick on their coffee Adventursof a Legal Gumshoe tables for people to look at and never read. He was in the fetal position so I in'rtally mistook him for Jim Bakker, but I quickly ruled that out. This guy wasn't wearing a Rolex. I quietly woke him up by dropping a book on the floor. As his head darted up I could see moss growing on the north side of his body. "Who are you?" he asked in a quavering voice. I told him who I was andasked him the same thing. "Lucas McFadden, one-l at UBLaw. I must have fallen asleep..." his voice trailed off as he tried to gather his bearings. I grabbed his very wide polyester lapels and helped him to an upright sitting position. He smelled like a forgotten book in a damp cellar. On a hunch asked him when he was graduating. "Class of 77. I must have overslept. What time is it?" I replied that he had been asleep for fourteen years. After I roused him once more we discussed what he had been doing on the seventh floor. "I wanted to find the meaning of law school. It wasn't in the text books, it wasn't coming from the plrofessors, and the CDO didn't have time for me. I figured it had to be in the library. This book seemed like ithad all theanswers," his eyes had a sense of regret as he stared beyond the walls but failed to finish his thought. He changed gears on me by saying "I hope my gradesfrom the Fall 75 semester are available." I responded that they were expected this February. I needed to get him onto my topic since late grading wasn't part of the memo. Had he found the meaning oflaw school, the veritable Holy Grail of one-l existence? "Don't wax poetic on me. I have endured the rigors of first semester examinations, the torment of rambling ineffective lectures and the distress of futile study groups. I have survived a self-imposed cloistral life to absorb the essence of the law through an ascetic existence. My rewards are threadbare remnants and ghostly measures of the extent of my sacrifice. I lived for the law and in so doing my life has been truncated by years measured as a fortnight," his rhetoric was on fire as he regained strength. He was definitely court room material. My simple reply was that life has never been fully reduced to ink and paper. It is not to be found in dusty pages telling of deeds of men and women long returned to dust themselves. Intellectual existence is asserted by initiating a clinic at the school, sponsoring a debateamong polemic views, attending a lecture by one of the many guest speakers or just becoming friends with someone who doesn't look likethe people in your neighborhood. "Sentimentality is fcr suckers, there is no profit in living nostalgia," he was wide awake and used that momentto scurry out of the aisle and down the hall thw wholetime ranting about the importance of the black letter law and income generating study habits. I left the library thinking about Lucas McFadden. The quickly setting winter sungaveits last full measurefortheday before winking below the horizon. On the drive back to my office I was able I wrote the memo that night and included someflyers thathad been stuffed into my mailbox as an ersatz appendix. Perhaps law school is just like life: a series of events we must attend or else simply watch the whole thing pass usby. States, a family will grieve over their loss. Patriotic breast-beating won't by Darryl McPherson Staff Writer Just how much is one life worth? Are there certain things that are more important than human beings? Are some people more valuable than others? I raise these questions because as the Middle East crisis rages on, I've given a lot of thought to these considerations. Whether it's soldiers or hostages, there are lives perched precariously on the edge of disaster. A war hasn't broken out yet, but the sky certainly looks dark. In war, people die. That's a simple,but tragiccertainty. America has thousands of soldiers in Saudi Arabia, wondering if they're peering into the maw of death, and hostages wondering the same thing. Unless Saddam Hussein pulls out of Kuwait, there seems to be no bloodless solution. Both America and Iraq are ruled by political pride, which only serves tocomplicate and possibly extend the conflict into war. This makes me wonder if there's no other way out of this, can we find a way to lessen the probable dead? Rhetoric calls a murdered hostage an innocent combatant, but that doesn't bring the person back. It bothers me that no one would complain if we went to war over murdered hostages. Forgive me for being crude, but if a war breaks out, the hostages are dead anyway. Now I ask, is itworth the lives of untold thousands of soliders forthecomparatively few hostages? Why is the idea of a dead hostage so abhorrent to President Bush that he'd let thousands of other lives go down with it? It may sound cruel, but wouldn't it be better to sacrifice the hostages than allow a blood bath to follow? The point can be made that the soldiers knew the sacrifices they may be called upon to make, and no one ever expects to be made a hostage, but now the issue of life's value can be raised. The reason the Middle East Crisis has lasted so long is because the U.S. wantsto find a peaceful resolution. But once lives are lost, is there no obligation to mitigate the damages? I get the feeling soldiers are viewed as adisposable resource, especially considering how many we have over there. Rhetoric calls a murdered hostage an innocent combatant, but that doesn't bring the person back. When you're dead, it doesn't matter if you're a child, a woman, a business person, or an ArmyPrivate. Somewhere inthe United make it hurt any less. To answer cold blooded murder with a "justifiable" war is senseless. How many Americans have to die before we realize that a battlefield provides no solutions? I'm not saying Iraq should go unpunished for its crimes, nor am I ruling out force as an option. I just don't think spilling the blood of many for the blood of a few adds up. It may seem more equal when you throw in things like "protecting democracy" and "economic interests," but that only serves to cloud the issue. Kuwait is NOT America, and democracy is limited to a privileged few. America's dependence on foreign oil isn't sufficient reason to die when alternatives are available if we simply put our minds to it. If American soldiers have to die abroad, it should be in the course of protecting a majority of Americans, either preemptively or defensively. Unless Saddam Hussein is dangerously close to having nuclear weapons, America has little to fear from him, and we shouldn't be involved. Talk of hostages reminds me ofTerry Anderson, who has been held in another part ofthe Middle East for solong he probably doesn't even know who Dan Quayle is. The man isboth a living bargaining chip and a symbol. As long as he lives, he serves as leverage for his captors. However, every day he stays, his value decreases as it becomes apparent that America isn't moving heaven and earth to secure his release. Yet itwas the plight of Anderson and those similarly afflicted that served as an excuse for the Iran/Contra-arms for hostages deal, so the hostage takers may feel he has some value to them. I now questionthe value of Anderson's life balanced against the interests of the American people. Anderson was working as a reporter for one of the wire services when he was taken. I expect hefelt his safety wasn't as important as informing the American public as to what was happening in the MiddleEast. Otherwise, he would have left once the situation started to deteriorate. But look at what his bravery has cost us. The strength of America can be cast into doubt when a hostage is taken and seemingly nothing can be done to get him back. This in turn affects national pride as all Americans can do is sit back and watch helplessly. Sometimes I feel journalists have an inflated sense oftheirimportance. As much as I value a free press, that right is limited to the borders of this country. I can understand the government going allout to secure the release of its employees abroad, but when private citizens risktheir own lives, they're compromising the entire country. I don't think the prestige of a Pulitzer compares with the grief Americans have had to put up with. But that raises the question, do we let an intangible item like national pride weigh more than a hostage's life? America's policy is to not negotiate with hostage takers on the theory that negotiation implies that taking hostages works. Since neither the policy nor hostage-taking seem to work, I'd say both fail. When foreign policy breaks down into a conflict, there can be no innocents, and America's only obligation is to win. Whether you signed on into the military or not is irrelevant. The focus becomes whether you can get out of the situation alive, and chances are you won't have any control over the situation anyway. That truth is the same for both the hostages and the soldiers in the Middle East. Tuesday, November 20,1990 • The Opinion 7 �sadfsdfsd The Docket Have You Gotten All Your Shots??? What: If you haven't yet been immunized for measles, mumps, or rubella, and you were born after January 1,1957, you'd better get your" butt" to University Health Service, fast!! Statelaw now requires all post-secondary students to show immunization protection against these diseases, due to significant health risks associated with the college When: Where: Lowdoum: atmosphere. In order to attend class this spring, all full-time, first and second year students at the University musthave immunization documentation onfile at University Health Service. As of August, 1991,all other students will have to comply with the law. Forms, previously sent to all students, must be completed and returned to the University, ifyou have not already provided this information. You should make every effort to obtain the data from your personalphysician,previous schoolrecords, orparents and guardians. Should additional immunizations be required, it is strongly urged that you obtain them from your community health care provider or county health department clinics. Required immunizations are also available on a limited basis (appointment only) from University Health Service (831-3316). Failure to comply with this requirement will prevent you from registering for futuresemestersat the University. Since all students bornafter January 1,1957 will need to have immunization records on file by next August, all students are urged to comply now with the state law toavoid futureregistration difficulties. Additional immunization forms can be obtained from University Health Service you have not if already received one in the mail. PUBLIC INTEREST/ PUBLIC SERVICE LEGAL CAREER SYMPOSIUM - This year's program will be held on Thursday, February 21, and Friday,February 22,1991. The Symposium is designed to provide students with an opportunity to participate in individual interviews and small group discussions with attorneys and to attend panel discussions on topics related to various aspects of public interest and government practice. They will have an "Open House" format so that students may register at any time on Thursday or Friday. Information on the employers conducting individual interviews and deadlines will be forthcoming. See poster and brochure outside room 308. Munoz Con't. from page 3 Guatemala in thirty-two years. The arri- val of the civilian president "presented an alternative to the Guatemalanpeople, an alternative beyond military rule," according to Munos. "But, during his term as president, Arevalo has demonstrated complicity with the Guatemalan army and the traditional groups in power." Munoz does not see much hope for any democratic change occuring as a result of the elections scheduled for November 11th of this year. As evidence ofthe candidates' lack of interest in social change, Munoz points to the Guatemalanpopular movement's request that the candidates address the serious social problems affecting the Guatemalan people. The movement has asked that these candidates present their ideas of mechanisms that will resolve these problems. "As of now, none of the candidates have done this." This," according to Munoz, "can be interpreted to mean that they want to propogate the system that is in place now." The only efforts being made to solve the serious social problems in Guatemala are being made by the democratic and progressive sectors of the Country. These groups, including student groups, labor unions,and the armed insurgents, are searching for ways to find national recognition of the social crisis that is plaguing Gauatemala. Their means is to implement programs of dialogue and recognition. j__ 1 8 n Munoz sees some hope in these efforts. "In the last few days some very important steps were taken, such as a meeting between the various sectors of Guatemalan society and the armed insurgents." These talks are bringing together the various groups that represent the interests of the vast majority of Guatemalans. These interests areone's that the military and the current groups in power have chosen to ignore and, in fact, exacerbate. "The traditional groups in power in Guatemala want to keep the majority of the population in extreme poverty through super-exploitation. This has brought the country to political and economic deterioration." Munoz explained further that the armed conflict that is a reaction to the deplorable social conditions have provoked even greater loss of lives. The United States has been a consistent supporter of the military government in Guatemala, giving over 120 million dollars in "aid" this year. The U.S. has given over 400 million dollars since 1988. What can Americans do to help? According to Munoz, the most important thing is to become conscious of what is happening in Guatemala and Central America. Munoz concluded, This is what we expect of you." T Tuesday November 20,1990 • The Opinion What: When: Where: Lecture by Dr. Mia Boynton on Women Steelworkers in Buffalo. Tuesday, 11/20, from 4:00 to 6:00 pm. 104 Parker Hall. Part of a series sponsored by The Graduate Group on Industrial Heritage Policy, entitled "Women's Voices and Women's Testimonies in the Industrial Context: at Home and at Work." THANKSGIVING VACATION (HURRAY!!) Wednesday, 11/21 Sunday, 11/25. At your parent's house, your apartment, your villa on the Riveria, etc... An opportunity to a) become really paranoid about the amount of work you're faced with, b) relax, sleep late, watch TheFlintstones, and eat enormous amounts of food, - Lowdown: or c) some combination of a) and b). What: When: Where: CDO Summer Job Presentation. Wednesday, 11/28 @ 8:30 am. Room 106, CBrian Hall. What When: AWLS Clothing Drive. Wednesday and Thursday, 11/28&11/29. from 9:00 am. to noon. In front of the law library. Clothing is needed for men, womenand children, and will go to Friends ofthe Night and Haven House. Where: Lowdovm: What When: Where. CDO Resume Writing Session. Thursday, 11/29 @3:30 pm. Room 108, CBrian Hall. What: When: LASA Clothing and Canned Food Drive. Every day, Monday Wednesday, and Friday, 11:00-l:00 pm./ Tuesday, Thursday, 9:00-1:00 pm. Student Activity Center 120-G. All donations go to benefit low-income families. Where: Lowdown: , Haven House Con !. from page 1 ment becomes the next problem. The police are often reluctant to interfere. They choose to reconcile the parties rather than arrest the abuser. Clyburn would like to see a mandatory arrest policy for abusers who violate the order. She urges women to "use the power of the Order." By allowing the abuser into the home, a woman sacrifices her own credibility. With increased awareness and education, Clyburn hopes to see changes in the future. When the community learns thatlives are at stake, victims' needs will be addressed. A former battered woman herself, Clyburn encourages citizens to empathize with battered women, not judge them. They love the abuser, not the abuse," Clyburn stated. Following Clyburn's presentation, JoselinePena spoke on her experience at Haven House, where she interned for a yearbefore attending law school. Pena discussed the coming together of different cultures at the home. Because of ; i different societal values, woman often feel that they deserve the abuse they receive. Pena stressed that women as wellas men must give women the value they deserve. "Women are not secondclass citizens." The goal of Haven House is to stop the abuse, not break up families," said Pena, "although theabusers feel that's what weare doing." Pena believes that in assimilating to American society, immigrants must be informed of the rights of all people, men and women alike. Like Clyburn, Pena feels that change is coming. Haven House is interested in volunteer legal services from the University at Buffalo Law School. Although the location of Haven House is confidential,a Hotline number isavailable. Donations of new toys or seasonal clothes for Christmas are also being accepted. If interested, please contact the Domes- tic Violence Task Force. The Deadline for the next issue of The Opinion is November 26th at s:oopm Please submit articles to box 677 or 808. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1c76515019046ea0c8db5c84078c0c52.pdf 931a70a701dd1ef0395e027bb0557b84 PDF Text Text TO HE PINION Volume 31, No. 7 November 6,1990 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW BPILP Gains National Recognition at NAPIL by Gretchen Stork The Buffalo Public Interest Law Pro- gram proved itself at the forefront of organizations of its kind at a national con- ference October 19and 20 in Washington, D.C. BPILP won two prestigious national awards at the annual National Association for Public Interest Law (NAPIL) Conference, and BPILP co-coordinator Kathleen Welch was elected President of the NAPIL Board of Directors. Third year student Tara Burke was honored for the innovative BPILP internship she began last summer with Volunteer Lawyers Project. She coordinates local attorneys to represent grams, diversity, and funding student fellowships. The workshops also dealt with practicinglaw in the 19905, from environmental and civil rights law to death penalty litigation, hate speech, starting a public interest practice, women's rights, the homeless problem, gayand lesbian rights and legal services in the upcoming decade. Panelists included public interest activists, law school professors and deans, and students. About 25 UB students attended the job fair and were on hand for Saturday's awards banquet, opened by consumer activist Ralph Nader. Kathleen Welch, aformer NAPIL VicePresident, was elected Sunday to the one-year term as President of the National Public Interest Coalition. She will Caroline Durham, Tara Burke UB Third Year Law Student Outstanding/Grand Recipient tenants in eviction cases in Buffalo City Court. Burke continues to work on the pro bono project, which has succeeded to the extent that local attorneys are now working with UB students to develop a program ofadvocacy for domestic violence victims. Burke was one of two students in the country recognized as an outstanding public interest recipi- ent. BPILP also won recognition as one of the two NAPIL member programs with the greatest growth. Thanks in major part to the strength of last year's pledge drive, BPILP increased its fundraising from approximately $8,000 to over $25,000. The conference and jobfair attracted over 1000 students and employersfrom all over the country. Workshops were directed at making law schools more responsive to fostering public interest careers, including loan forgiveness pro- (from left to right) ChrisThomas UB Law student; Caroline Durham, NAPIL staff attorney/campus organizer; Kathleen Welch UB Law student; and Robert Schiff, Esq. of Tuttle & Taylor conference. One is to establish a postgraduate fellowship program providing grant funds for projects serving underrepresented segments of society, either by funding new staff positionsat existing organizations, or new independent projects proposed by the recipients. The other resolution adopted at the conference is a call for all law schools to create a pro bono requirement for students to graduate. The resolution does not set out any hourly requirement, or define pro bono, except to say that it be work of a legal nature. Currently four law schools, Tulane, Florida State, the University of Pennsylvania, and Valparaiso, have adopted re- represent NAPIL's 97 member programs before groups such as the American Association of Law Schools, and coordinate the organization's Executive Committee, which includes public interest attorneys and students. "I'm honored to be oneof the leaders," Welch said last week. "With membership of well over half of American law schools, NAPIL is clearly on the cutting edge of law school activism. Next year NAPIL hopes to raise significantly more money to fund pu blie interest jobs and to pressure law schools to take critical steps toward meeting the legal needs of the underserved." Last year, NAPIL member groups raised and distributed over $1.2 million to create public interest summer internships and some post-graduate fellowships. In that vein, the NAPIL Board of Direc- tors endorsed two resolutions at the Moot Court Winners, Ken Sadaro andTodd Bushway FOURTH ANNUAL DESMOND MEMORIAL MOOT COURT COMPETITION WINNERS KEN SADARO TODD BUSHWAY SEMI-FINAI ISTS 1. Sandra Synder/Jackie Brunner 2. Karin Fomes/Diane Nowak 3. Jeff Goldla/b/DavidState The Center for Appellate Advocacy and Education at the University of Texas Law School (Texas Resource Center) is a non-profit organization working exclusively with appeals of death row inmates. The Texas Resource Center is a new organization where students can immediately assume responsibilities commensurate with individual abilities in providing services for lawyers working on individual appeals. Ms. Eden Harrington, one of the lawyers at the Center, will be on the UB campus in the near future to meet with students regarding the work involved at the appellate level. As a matter of economics Texas does not provide a public defender for an accused individual and there is no right to counsel beyond the first appeal, the inmates on death row rely on the Center to provide the nexus between convict and volunteer attorney. The state does appoint attorneys to indigent persons but based upon the amount of Constitutional errors found per case, sometimes as much as thirty between the local and state level, the defense provided is not always at thedesirable level. Mr. Palmer Singleton, instructor of Criminal Law at BESTORALIST BEST BRIEFS 1. James Giambrone/ChristopherPorter 2. Sandra Snyder/Jackie Brummer 3. Janet Schumacher/DeborahHaendiges 4. Thomas Cunningham/James Johnson 5. John Stelley/John Maxwell 1. TuwandaRush 2. Carmen Snell 3. Clean Hanley 4. Scan Galliher 5. Michael Joynt QUARTFR FINAI ISTS 1.Phillip Ohene/Mushiya Kabemba 2. Nicole Moss/Dean Hanley 3. James Giambrone/ Christopher Porter FINAI ISTS Martha Snell M ichael Joynt Capital Defense Work in Texas for Students by John B. Licata Features Editor quirements of pro bono work prior to graduation. The program in place at the University of Pennsylvania is expected to offer more than 15,000 hours of legal service yearly to the Philadelphia community, according to NAPIL, whichcould mean serving 1,500 clients. Tulane's 1990 class was the first to graduate withthe pro bono requirement. All 253 graduates met the 20-hour committment. According to a class survey, 65 percent said it increased their willingness to provide pro bono services in the future, and 72 percent it increased their confidence in theirability to handle cases for indigent clients. described the work opportunity for students as a "pure meritocracy with no distinctions between law studentand ÜB, has associate. You're given the opportunity to be a lawyer." The lawyers at the Texas Resource Center do not handle every case but recruit from the private sector to meet the volume of appeals filed by the inmates. Ms. Harrington described the work as a "crisis oriented prioritizing. We have nine execution dates within the next thirty days. It's our goal to get stays [of execution] for all nine inmates." Students who work at the Texas Resource Center will be doing "alot of CONTINUED ON PG. 9 HIGHLIGHTS Attica Suit Filed pg. 2 Part II of AIDS and the Dental Profession pg. 3 Faculty Statement and Ist Amendment Liberties pg. 5 Election Day Voting Guide pg.9 �Civil Suit Filed Over Attica Massacre - by Scot Fisher & Nathaniel Charny What has been described by a New York State commission as "the worst bloodletting of Americans by Americans since the Civil War" is the cause of action in a civil suit brought on behalfof the inmates of Attica Correctional Facility against the State of New York. The two billion dollar law suit against the state will go to trial in Federal District Court in Buffalo during the Spring of 1991. According to Elizabeth Fink, leadcounsel forthe law suit,the inmates of Attica are suingthe State for one billion dollars in compensatory damages and one billion dollars in punitive damages as a result ofthe massacrethat resulted from the State's reaction to the 1971 inmate's uprising at Attica. One U.B. Law graduate, Joe Heath, joinedthe team of attorney's working on the Attica litigation while still a law student at U.B. "Working on the criminal defense of the Attica Brothers while in law school was one ofthe most influential experiences of my life," explains Heath. "I have been involved ever since." Heath is now co-counsel with Fink in the civil law suit. "One of the principle reasons for the law suit is because the true story of the Attica Uprising has never been told," stated Fink. On September 10,1971, the inmates of Attica took control of the Western New York prison to protest the petty humiliations and racism that characterized prison life in New York State. The inmates took several hostages and took control of ihe "yard," the open space within the walls of the Prison provided for recreation. Their demands remedies of the overcrowding situation, a concern forthereligious beliefs ofthe in- - mates and basic human rights were presented to the warden of the facility. The warden's response was extreme. Only days later were the numbers calculable; 43 people were dead; 33 inmates and 10 civilian workers. The County Coroner reported to the state that all of the dead were killed by the state police. The irony," according to Fink, "is about human nature. The state believed that the inmates were totally barbaric and inhuman. And the inmates never believed that the state would act in such a barbaric and inhuman way. Yet, the inmates did not kill any ofthe hostages, it was the guards and officials of the prison that did the killing." The Attica inmates suit is based on three causes of action. First, they are suing for the excessive force and malicious intent used by the state police in storming the prison. Second, there was a complete failure to provide any medical care for the inmates after the shooting. Third, the inmates were subject to torture and brutality once the police gained control of the facility. Fink explains, 'lor thefirst causeofaction we have shown that the State police did everything possible to maximize the injuries caused bytheir attemptstoregain control of the yard. To begin with, it is undisputed that the police fired 450 rounds of ammunition into a crowd of unarmed men. These men had no guns and the guards knew it," according to Fink. "What is worse is the [type of] ammunition used." For example, the state police stood on the walls of Attica that surrounded the yard and sprayed "double-0 buckshot" into the crowd of men in the yard. In addition, the police used "dum-dum bullets" which are designed to explode on contact. "Dumdum" bullets are so brutal and uncivilized that they are outlawed by the Geneva Convention. After the assault was over, the Department of Correctionsannounced that "1200 people in the yard were tortured by the state police." Fink describes the yard after the shooting had ended. There was glass everywhere. The inmates were surrounded by a gauntlet of officers with sticks and forced to run naked through the broken glass. Many inmates were singled out for torture by having an "X" marked on their backs. These men were beaten senseless by the police." Fink continues, "men being carried on stretchers were thrown offthe all ofthe hostages killed were murdered by the inmates. The Monroe County Coroner revealed the truth, directly contradicting the propaganda released by the state. After examining the bodies of the dead hostages, the Coroner concluded that the hostages werekilled, not by the inmates, but by state police gunfire. A widow of one of thecivilian workers who was killed, successfully sued the state based on these facts. The Fourth Department, in Jones v. State of New YQrJs, 408 N.Y.S.2d 223, affirmed a Court of Claims decision to award damages based on the state's unlawful use of these weapons. Oncethe shooting stopped, the state's efforts to provide medical care to the wounded inmates was "totally inadequate," explains Fink. The prison had no blood orplasma on hand. Only two doctors, two nurses and a veterinarian were available to care for the wounded inmates. The National Guard, who were asked to be prepared to deal with the wounded inmates, were kept 45 minutes away. Many of the inmates who died simply bled to death. "Compare this to the provisions made forthe hostages," suggests Fink. "There were 39 ambulances waiting in front of the prison, one for each hostage. The state had made arrangements at three neighborhood hospitals for the care of the non-inmates wounded." The shooting at Attica ended at 10:00am, according to Fink. Although most of the inmates wounded needed hospital treatment, it wasn't until s:3opm seven and a half hours later that a single inmate was taken to a hospital. The third cause of action, forthe brutatlity and torture, is based on the state police behavior once they had taken control of the yard. Fink explains that - stretchers and beaten. One inmate, had a shotgun shoved up his rectum and had his insides blown up." Another inmate was forced to lie naked on a table. A football was placed on his neck while the guards had shotguns held to his head. The inmate was told by the police that he would be shot if the football fell from his neck. He was then beaten senseless. The stories of humiliation and torture are nearly endless, explains Fink. "The attorneys involved in the suit have reviewed over one-million documents on Attica. These are just a few examples of what really happened." The named defendants in the suitare the head of the Department of Correctional Services, the head of the Attica Assault Force, the Warden and the Deputy Warden of the prison. All named defendants are employees of the State of New York. The Second Circuit is now reviewing the defendant's motion for qualified immunity, which was denied by the District Court. If the Circuit affirms the district court's decision, a trial on the merits will be set for Buffalo, New York, in the Spring of 1991. - Joe Heath, now a Syracuse attorney, along with Brother Herbert, an inmate at Attica during the Uprising, will be speaking at U.B. Law School during the week of November 12th as part of Human Rights Week. HUMAN RIGHTS WEEK: JOIN THE CELEBRATION!! November 12. 1990 "Home to El Salvador". Brown Bag luncheon-presentation and video on Salvadoran resettlement. 12:15 p.m.. Faculty Lounge, Room 545, O'Brian Hall. Monday: "Attica Uprising". A discussion of the inmate uprising against oppressive prison conditions in 1971 at Attica Correctional Facility 5:00 p.m.. Room 106, O'Brian Hall November 13. 1990 "Public Interest Litigation". Members of the UB law faculty and practicing Buffalo attorneys will deliver a panel presentation. 12:15 p.m.. Faculty lounge. Room 545, O'Brian Hall. Lunch will be served. Tuesday: "You Have Struck a Rock". Film concerning the women's resistance in South Africa. Loyce Stewart, who interviewed Mandela after his release from prison, will give a presentation after the film. 5:00 p.m.. Room 106, O'Brian Hall. Wednesday. November 14. 1990 "Common Threads". Film on the AIDS quilt. 12:15 p.m.. Faculty Lounge, Room 545, O'Brian Hall. "Seeing Double". An incisive look at the Palestine/Israel conflict by a San Francisco theater group. Student facilitated debate will follow. 5:00 p.m.. Room 106, O'Brian Hall. 2 Tuesday November 6,1990 • The Opinion Thursday. November Ig. 1990 "Refugee Luncheon". Panel discussion regarding various aspects of refugees in the United States and Canada. 12:15 p.m.. Student Lounge, Ist floor, O'Brian Hall. Lunch will be served. "Hazardous Waste Issues . Nicholas Morgan from the EPA's Federal Facilities Hazardous waste Compliance Office, will speak on federal policy and the current hazardous waste problems in Eastern Europe. Evening lecture [exact time TBA], Room 106 O'Brian Hall. Plans for additional events are under way. Please call or v sit tne Human Rights Center, for up to the minute information regarding all events. ' Coffee, hot cider, bagels, and donuts will be sold every morning form 8:00 a.m.-10:30 a.m. on the Ist floor of O'Brian Hall during Human Rights Week. Currently, we need additional volunteers to staff the "breakfast" table, lf interested, please contact Joy Mautner, at 636-2073. Volunteers are also needed to staff tables and dispense information on the death penalty, AIDS, refugee issues, and other topics. Tables will be set up in front of the law library between 10:00am -2:00 p.m. throughout the week. If you have an hour to spare, we could use your assistance. REMINDER—November 7,1990!! All are invited to attend an informal luncheon/visit with VirginiaLeary, Co-director of the Human Rights Center. Professor Leary will discuss her current work in Geneva. 12:15 p.m.. Faculty Lounge, Room 545, O'Brian Hall. �Bridging Discrimination Gaps in the Law by Chet Gary Mr. Gary is a practicing dentistand third year law student. This is the last ofa two-part series on AIDS and the Dental Profession. In the 19705, many observers asserted that all citizens enjoyed a Constitutional right to health care. The emphasis in Roe v. Wade. 410 U.S. 113(1973) andDoev.Bolton.4loU.S. 179(1973) on the patient's right to receive medical service and a physician's right to provide it without governmental interference seemed to raise health care to a critical societal value. The Supreme Court, however, never articulated any entitlement to health care. In Maherv. Roe. 432 U.S. 464,469 (1977) the court stated that"the Constitution imposes no obligation on the states...to pay any management of debilitating cellulitis or severe pain.) The dentist must show just cause, beyond a reasonable doubt, why he would refuse to treat, terminate, or refer the patient. Breach of this implied contract gives rise to actionable abandonment, and liability would attach for any damages proximately caused by the abandonment. Dentists cannot legally withdraw from unstable AIDS patients. But this does not force them totreat these patients for the life of the illness. The disease typically smolders and flares with opportun- istic infections and routinely stabilizes, allowing dentists many opportunities to give legal notice of withdrawal with impunity. Although it protects some AIDS patients from medically dangerous refusals of treatment, the present doctrine of abandonment will not guarantee access to private dental care for "Meeting the challenge of AIDS today will allow dentists to enhance their image as a true healing profession." medical expenses ofindigents." I n 1987, the 11th Circuit held that a patient had no Constitutional right to health care. Persons with AIDS suffer a full panoply of discrimination including loss of jobs, insurance, access to education, and medical and dental care. Although no legal right to health care exists in the United States, AIDS victims have resorted to federal, state, and local discrimination laws to protect themselves from invidious discrimination as handicapped persons to gain access to health care. Law, medicine, and Public Health officials must address the legal issue of controlling the AIDS epidemic without risking the loss of individual rights. Discrimination may take two forms in the denial ofaccess to dental treatment: refusal to treat and unnecessary referral. The latter probably far outnumbers open refusal to treat. Referral without adequate medical/dental basis amounts to refusal of treatment. In addition to the dislike of the high risk groups and the fear of treating a diseased patient, dentists makedisguised referrals of infected patients for economic reasons. Dentists dump HIV positive patients into public health hospitals and clinics since many of these patients simply cannot afford care. But the prime motivation, in addition to thethreat of infection, rests with the fear that the presence of AIDS patients in any practice will generatea fear of contagion strong enough to cause staff to quit and patients to leave. The law clearly imposes a legal duty on the dentist to provide emergency and continuing care for patients of record. Patients ofrecord include persons who have or have had an established relationship with the practitioner within a reasonable time. The relationship engages when the dentist forms an opinion or offers a diagnosis. Once the doctor begins to treat a patient, the law presumes a relationship and the dentist has a legal duty to continue care until the patient no longer needs acute care for the specific problem or untilthe patient's condition stabilizes and the dentist provides adequate notice of termination that allows the patient to locate a new dentist. (Dental acute care includes the great majority of infected patients. The doctrine also fails to protect new patients from rejection based solely on HIV status and legalizes referral of any stabilized HIV infected patient. Conversely, dentists have no legal obligation to perform any dental procedure for patients not of record (new to the practice) who are present for treatment of any type. The dentist need only recommend another dentist or another care facility. However, although the law may not impose an affirmative duty to treat new patients, it does prohibit discrimination in the choice of patients. HIV seropositive and AIDS patients have resorted to local, state, and federal anti-discrimination laws as one manner of dealing with arbitrary denial of dental treatment. The Supreme Court in School Bd. of Nassau County. FL v. Ar|jne. held that the blood borne infectious disease, tuberculosis, was a handicap within the meaning of Section 504 ofthe 1973 Rehabilitation Act. Section 504 defines a handicap as (1) a physical or mental impairment which substantially limits one or more major life activities; (2) where the person has a record of impairment or is regarded as having an impairment. It entitles persons with a handicap or perceived handicap to be free of discrimination in jobs, housing, essential services, and places of public accommodation. Because AIDS depresses the immune system, it, like tuberculosis, impairs major life functions. Hence, the federal courts, in Shuttleworth v. Broward County. Thomas v. Atascadero Unified School District, and Chalk v. US Dist. Ct. Central Dist. of California defined AIDS as a handicap. But the protection only applies to federally funded programs. This excludes a significant numberofdentaloff ices, since most do not accept Medicaid or any other public funds. In these cases, patients will rely on state and local laws. Over twenty states officially consider Al DS a handicap and have statutes prohibiting discrimination against handicapped persons. Several other states have unofficially determined AlDSbased discrimination to be improper. Also, most municipalities will treat AIDS law into three groups: as a handicap under Administrative Codes and patients discriminated against in public places may seek redress through this mechanism. Some municipalities have enacted specific ordinances not related to public accommodation laws. If these ordinances can overcome constitutional impediments, they will require private practitioners in any of these cities (Los Angeles, West I. Early statutes providing a long specific list of covered accommodations. (Federal Law and a few states follow this form.) 11. Long qualified lists of covered establishments but specification that coverage is not limited to delineate places. (About twenty states, including New York, apply this less rigid form.) Hazelwood, California, San Francisco, and Austin) to treat all interested patients. Civil and criminal liability could attach for refusals. The issuesraised in cases brought for unlawful discrimination in refusal of dental treatment will help clarify the dentist's legal responsibility to HIV infected and AIDS patients. The existence of a legal duty may ultimately turn on the public-private status of the individual dental office. In future discrimination cases, patients will most likely predicate authority for their claims on public accommodation statutes successfully utilized during the zenith of the civil rights movement. "Public accommodation" is a "term of art" used to designate places other than homes, schools, or work settings as public, based on the theory that many private establishments function to some degree publicly. Determination of what constitutes a public accommodation necessarily requires a balancing ofthe rights of property owners and those of the citizenry at large. Whether courts will construe private dental offices as places of public accommodation will depend on the nature of the individual laws which vary among 111. General characterization such as "all business establishments of every kind whatsoever." (As of 1988, twenty-three states employed similar general statutes.) Historically, the courts have construed Category I laws strictly, suggestingthey will only change through legislative amendment. Hence, when a Type I statute fails to mention a dental office, it will likely not be included in the definition of public accommodation absent legislative amendment. In Class II statutes, courts generally apply a rule of "ejudem generis". In a statute that lists specific places, the meaning ofthe general words will generally include only places of the same, kind, class, or nature as those specifically enumerated. In New York, category II laws reference to some type of health or medical provision may allow inclusion of dental offices. Finally, under Category 111 statutes, a substantial likelihood always exists that courts could construe dentaloffices as places of public accommodation. Dentistry must develop ethical principles which offer practical guidance to private practitioners in cases of discrimination. Only a solution drafted by dentists can accurately draw the line CONTINUED ON PAGE 9 jurisdictions from general to specific. Caldwell, "State Public Accommodation Law, Fundamental Liberties, and En- forcement Programs", Washington Law Review 40:841 (1965), categorized the varied state approaches to this type of Greyhound Bus Strike by Michelle Wynne Parker TheLabor Law Society reminds all students traveling homefor the upcoming break that the Greyhound strike remains in effect. Over 9,000 union drivers) mechanics, and cleaners went on strike on March 2 when Greyhound refused to move from a January ultimatum that it would implement its first and only Contract offer on that day. For many people, there is no issue as to whether theywill ride Greyhound; to demonstrate endorsement for the employees' concerns, these people will withdraw their business from the company and do it elsewhere. They will not "Go Greyhound" because they will not cross a picket line. Others feel that crossing a picket line is simply a consumer decision; if the Company provides goods or services that the consumer wants, he or she will cross the Bne to obtain them. For those in the second camp, there's an additional factor in making that purchasing decision: safety. If you value your; safety, pay attention —because Greyhound does not. In August, a surprise examination by the New York State Department of Transportation found that more than half of all Greyhound buses failed an inspection; In New York City, 60 buses failed out of 72 checked, and 38 of those , were for 'no valid inspection certificate Eighteen of another twenty-two that faOed (out of afield of 26) did so because of faulty brakes. INEW YORK DAILY NEWS, 8/2/90). Not only are the buses unsafe—so are the scab (replacement) drivers: fire destroyed a Greyhound bus on the New York State Thruway when an untrained driver drove the bus for several miles with a flat tire. (KINGSTON FREEMAN. 7/22/90) • After nearly crashing into a tractor trailer, a driveradmitted to passengers that Greyhound had not trained him to drive a stick shift. One of the travelers took over the wheel forthe 120 mile remainder of the trip. (NEW YORK POST. 6/ . i#9o) - Fourteen people were hurt whenadriverfellasleepatthe wheel. (SYRACUSE POST-STANDARD. 6/28/90) A driver was jailed after four passengers were injured, following a high speed ride on Interstate 90. One passenger complained thathe was driving recklessly, and that he refused to letother passengers offthe bus. (ASSOCIATED PRESS, 7/20/90) There are other ways to get where you want to go. No matter how you feel about the labor issues involved, beconcerned about your safety and choose an alternative to Greyhound when you go home for the holidays. Tuesday, November 6,1990 • The Opinion 3 �MAILBOX CONTINUED epiNioN Volume 31, No. 6 HH to Ihe Editor of The Opinion: Dear Dean Filvaroff: The mills of the gods grind slowly, but they grind exceedingly... October 23,1990 Very truly yours, Daniel Majchrzak, Jr. and John Wiencek EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco john B. Licata Michael D. Gurwitz jjm Monroe R on Rusczyk VOTE FOR JUSTICE THIS ELECTION DAY Sickening. Disgusting. Criminal. These are fitting words to describe the former Reagan administration and the current Bush administration. Any American who has been fooled or satisfied by the Reagan/Bush government would be welladvised to view Cover Up, a film which reveals the truth behind the notorious Iran-Contra scandal. This film provides ample evidence that Ronald Reagan, George Bush, OliverNorth, Richard Secord, John Hull, Richard Singlaub, William "Bones" Casey, and other assorted reprobates conspired to steal the 1980presidential election, fund the illegal contra war, swap arms for hostages, sell drugs, and basically enrich their own wallets at the expense of human lives and this country's democracy. Harsh words? There aren't words harsh enough to condemn the criminals who used the White House as a base of operations to execute their heinous agenda. Reagan/Bush pledged weapons to the Khomeini regime in exchange for a delay in the release of the American hostages until after the 1980 Presidential election. Later, with the aid of Colonel North, Reagan/Bush swapped arms for other American hostages held inLebanon and used the proceeds to fund the Contras. Murder, lies, and bribes were the order of the day. Reagan slinked out, Bushed slithered in. What have we seen since 1988? The S&L crisis, the budget fiasco, a phony war on drugs and weakening of the fourth amendment, military monkeying in the Persian gulf on behalf of the oil companies, so on and so forth. Sadly, things have deteriorated. George Bush is no Ronald Reagan when it comes to fooling the public, but he is very much a graduate of the ethics-shmethics school of thought. This country must not be used as a tool to increase the profits of mercenaries, profiteers, and multinational corporations. On Election Day, use your vote to smash the cynicism and greed of those who would trade ourfreedoms for gold and abrogate their duties to uphold the law. Vote for justice and honesty, and help keep America a free country. To the Editor: I had an illuminating experience the other day when I went to the bank to withdraw a couple ofbucks. Having an abysmally low balance, as usual, I decided to use the automatic teller machine outside the bank to make the minimum allowable withdrawal ofa ten spot. I find that using the ATM saves on the embarrassment of looking like a deadbeat in case the teller checks out your balance and you can't cover the measly ten. Anyhow, as I approached themachine I noticed a woman stationed on the sidewalk outside who was wearing the uniform, photo I. D., and badge ofone ofour charitable organizations. As I waited for my turn in line to use the ATM, I asked the woman what she was collecting for. Seeming quitepleased to have someoneactually engage her in conversation, she enthusiastically explained that she was seeking donations for a local mission that provides food and shelter for the homeless. After I got my ten bucks from the machine I turned to the woman and started digging through my pockets to see if I could rustle up some doughfor the less fortunate. Just as I pulled a handful ofchange from my pocket, a rather well-healed looking, middleaged couple came out ofthe bank. From their attire I'd say they'd either just come from, or were headed to the golf course. As I stooped to recover the stray dime I had droppedand needed toround out an even dollar donation, I commented to the charity worker that it looked like it was up to us to help each other out nowadays, because the government sure as heck wasn't doing it. She readily agreed, and as I arose the well-to-do couple brushed by us both without pause, or comment, except for giving me a decidely dirty look. While I handed over my motley assortment of quarters, dimes, nickels and pennies, I said to the charity worker that it seemed pretty strange how Washington was able to come up with 500 BILLION in corporate charity to cover for the rich thieves who ripped us all off through the S&L scam, but when it came to the rest of us it was: "Sorry Pal Time to Hit The Streets." At that moment theaffluent couple again caught my eye. I couldn't help but notice because they were both quite plainly leering at me with most unpleasant and disapproving scowls. For a moment there I was sure that if looks could've killed, I was a dead man and would be pushing up daisies at Forest lawn by noon. Being rather perplexed by their reaction to my comments, I continued to watch ;hem as they strode swiftly away, still giving me quick, vexing looks all the while, until they finally turnedtheir backs on both of us completely, and jumped into their shiny, new luxury import, which was conspicuously parked nearby in the handicapped spot. HMMMH — — Timothy E. Jennings A Response to Dean Filvaroff: Dean Filvaroff made two grave errors in his letter which appeared in the October 23rd edition ofThe Opinion. First, he used a disturbing incident as a platform for his defense of the infamous Faculty Statement. This made him appear more opportunStaff: Nathanial Charny, Lenny Cooper, Darryl McPherson, Pat Miceli isticthan concernedaboutthe incident itself. A letter which should have been an utter Contributors: Scot Rsher, Chet Gary, Jerri B. Gordon, Michelle Wynne Parker, condemnation of the cretins who carried out this act, and a detailed account of the Vito Roman, George Snyder, Gretchen Stork, W.F. Trezevant administration'sreaction tothe act (ie. an investigation) became instead a call torally around the Statement. ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited Second, his association of this act and others like it to the Faculty Statement without the express consent of the Editors. The Opinion is published every two weeks during the provides yet another reason why the Statement is invalid. Dean Filvaroff's defense academic yuear. It is thestudent newspaperof theState University ofNew Yorkat Buffalo School ofLaw, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper of the Statement suggests that it may in fact be unconstitutional. I base this are not necessarily those of theEditorial Board orStaff ofThe Opinion. The Opinion isa non-profit conclusion on the fact that the goal ofthe Statement is not sufficiently related to the organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determinedcollectively by the Editorial Board. The Opinion isfunded by theSBA fromStudentLaw itself. As the Dean suggests, "it is conduct of this type [the sulfur throwing] Statement Fees. and worse assaultive conduct by those who would hide their identities while displaying their bias which led to adoption of our Faculty Statement on Tolerance." Presumably then the goal was to curb acts of harassment and intimidation and this The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed doublespaced pageswill not be accepted. Please do not is addressed quite well in the second part of the Statement. putanything you wishprinted under ouroffice door. All submissionsshould be placed in law school Thefirst section of the Statement, however, addresses speech and in fact requires mailboxes 677 or 808 by thedeadlinedate. Deadlinesfor the semesterare posted in the mailroom and outside The Opinion office, 724 O'Brian. students to temper their speech. No one argues that throwing sulfur, slashing tires, leaving dismembered dolls or sending threatening letters is protected speech. So how can a statement ofpolicy which wasa reaction to such events legitimately seek to control speech. Simply stated, it cannot. As I see it, the Faculty Statement cannot pass a review of its constitutionality. The test first requires a state action. Second, the action must be based on a legitimate purpose. Third, there must be some relationship between the purpose and in this the policy. case To the Editor: There is little doubt that the issuance of the statement was a state action. The faculty can be viewed as agents ofthe state making policy that will have effect in a In ourlast issue, both I and The Opinion werecriticized in a letterby Gary Ketcham. state university. Likewise, there is little doubt that the purpose was legitimate. The Mr. Ketcham was angry at mefor editing an article which he submitted. He launched faculty was trying to maintain a non-hostile environment in the law school for all into a personal attack on me, and then accused The Opinion of political censorship. While I am not bothered by the personal attack (it's not pleasant to be dumped on, students. The problem with the Statement, as have suggested, lies in the relationship but I never expected to be pampered in this job), I feel it is important that this the action and the purpose. First, let me suggest that this relationship between newspaper respond to Mr. Ketcham's allegations of censorship. should be particularly exacting because of its potential adverse effects on First The Opinon does NOT censor, edit, or in any way alterarticles or editorials based rights. Having said this, a Statement which reacts to non-protected on their political content (if any). Mr. Ketcham's article was substantially edited for Amendment expression yet comtemplates restrictions on protected speech cannot be viewed as a number of reasons, but politics was not one of them. sufficiently satisfying the relationship required by law. While the majority of the editors of The Opinion occupies the left of the political May I suggest, therefore, that the faculty undertake to correct the first part of the spectrum, we welcome and encourage editorials from all members ofthe law school Statement making it as clearabout speech as Dean Filvaroff suggests itis. Or, better community, be they right-wing, left-wing, or otherwise. still, abandon the first part entirely, addressing only issues of intolerable harassment, matching the means to the goals as required by law. Finally, may suggest thereby Michael Gurwitz that in the future, Dean Filvaroff not use the misfortunes of a group as a forum to Layout Editor justify the school's questionable policies. - - THE OPINIONMAILBOX I I Tom Winward 4 Tuesday November 6,1990 • The Opinion �What Are You Willing To Die For? by Scot Fisher & Nathaniel Charny Last week, when the Kuwaiti Ambas- sador to the United States visited U.8., in a fully-decked Slee Hall (potted plants, international flags, the President of the University, offical podiums, TV cameras, dozens of security guards, etc. ad nauseam) someone asked him, "Mr. Ambassador, why is it that, of the ninemillion people that live in Kuwait, only sixty-three thousand are allowed to vote? Why, Mr. Ambassador, are women denied the right to vote? Why are there no unions in Kuwait? Why are political parties outlawed?" Mr. Amabassador's response was"democracy takes time." Huh? A stone's throw away, Guatemalan National Labor Leader Sergio Munoz documented his people's attempts to wrestle control from a military dictatorship. Munoz describedthe tremendous poverty, unemployment, and health crisis that has plagued his country since the military rule began in 1954. Munoz explained about the state of terror in his country; mass firings of workers, death threats, workers kidnapped or killed, and the construction of concentration camps for political dissidents. "At the base ofall ofthese factors is an absence of democracy," Munoz concluded. There is an irony here worth pointing out. There is no doubt that we, along with the entire world, should condemn the military invasion of Kuwait. The government of Iraq does not have the right to impose its will on the people ofKuwait. Therefore, Operation Desert Shield. Mr. Ambassador describes Operation Desert Shield as "a courageous position" for the United States to take in defending the sovereign right to self- determination. Meanwhile, one-thousand miles away from the U.S. border, the people of Guatemala have consistently had theirright to self-determination deniedbya military government, which has been completely supported by the United States. Since the CIA-backed military coup over the democratically-elected government in 1955, over 138 thousand Guatemalans have been murdered. The United States has financially supported the military government of Guatemala since its inception in 1954 (to the tune of over $400 million over the last three years alone). Yet the people of Guatemela cannot read, they have no homes, they have no food, as Munoz explains, they have no democracy. In Kuwait, the government calls itself a democracy (as does Guatemala's government). In Kuwait, 2% of the population control 100% of the oil (in Guatemala, 2% of the population control 70% of the land). Our government obviously does not care about the people of these countries. Democracy is certainly not the issue. Maybe it's something else. There were no TV cameras to greet Mr. Munoz, a representative of the people of Guatemala. President Sample chose to ignore the event. No flags, no potted plants, no podiums. Nothing. To the governmentof Kuwait we give potted plants, podiums, TV cameras... and American lives. Maybe there is no irony here. What are you willing to kill for? "Dean Filvaroff, Please Read the Faculty Statement!" by Jim Maisano At the end ofthe mailbox section in the last issueofThe Opinion (10/23/90). UB Law Students had an opportunity to read a paragraph written by our dean condemning the attack at the Gay and Lesbian Coming Out Day Table. Why this letter was buried at the end was confusing; you would think a letter from the Dean would be treated with more respect. It is too bad the letter was not in a place of prominence so that more students could have read ihe Dean's ridiculous cheerleading for the Faculty Statement. First, I would like to fully condemn the attack on the gay and lesbian students. An attack on students due to their sexual orientation reminds me of the brutal attacks on protesters during the civil rights movement. Whoever you are out there that threw the vial of sulfur, YOU ARE A PATHETIC COWARD! Speaking of pathetic, let'sturnto Dean Filvaroff's letter. At the very time a strong letter was needed by the Dean to condemn this despicable act, there were only two weak sentences about the attack and a lot of rhetoric defending the Faculty Statement. It is an insult to those who care about confronting violence against gays and lesbians for the Dean to exploit this attack by using it as a forum for his own political agenda. The rest of this article is addressed to Dean Filvaroff. Have you ever actually read the Faculty Statement? In your letter you claim, "As indicated in that statement, expression is fully protected and will generate only responsive speech." This is certainly not how the Faculty Statement reads. The third paragraph ofthe Faculty Statement says the following: "By entering law school, and joining this legal community, each student's absolute right to liberty of speech must also become tempered in its exercise by the responsibility to promote equality and justice. Therefore, it should be understood that remarks directed at another's race, religion, national origin, age, or sexual preference will be illreceived, or that racist, sexist, homo- phobic, and anti-lesbian, ageist, and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype will generatecritical responses and swift, open condemnation by the faculty, wherever and however they occur." When I read the above language, the first thought that came to mind was hardly the "serious, even sharp, exchange of ideas with those whom one disagrees," as you state in your letter. Actually, I think about censorship and "thought police." Please stop insulting our intelligence by equating "swift, open condemnation" with "responsive speech." Now that you have pulled out the Faculty Statement, take out the dictionary and look up "condemnation". My version of Webster's reads, "a) to express disapproval of; b) to find guilty; c) to pronounce judgement against; d) strong reproof or censure." Only one definition comes close to "responsive speech." Thus, "swift, open condemnation"does not necessarily mean speech. It can mean many things and this is why the Faculty Statement must be revised. Why isn't the Faculty Statement printed in the Bulletin and law school application? It isremarkable that students walk through the doors of UB Law with no idea that they have just sacrificed the constitutional right to freedom of expression, since " each student's absolute right to liberty must also become tempered in its exercise." Although the faculty may have had good intentions when they wrote this statement, it appears that they forgot about the First Amendment. It reads, "shall make no. law...abridging the freedom of speech." The case law does not support you either Dean, please see Brandenburg v. Ohio. 395 U.S. 444 (1969), and Doev. University of Michigan. 721 F. Supp. 852 (E.D.Mich. 1989). Your letter appears to be a response to the prior issue of The Opinion where the Faculty Statement Survey was released and 86% of the respondents wanted itrepealed orrevised, including two faculty members. Do you ever listen to the reasons why students dislike the Faculty Statement? The same students who want it changed would also condemn this attack on the gay and lesbian students. It is the third paragraph of the Faculty Statement, which deals with speech, which the majority of the students want repealed or revised. Yet, both you and the faculty do nothing to respond to these complaints. Please stop hiding behind the cloak of the lawsuit. If the faculty simply revised the statement, the suit could be settled. Yes, the tone of this letter is angry. I have been at this law school for a year and a half now and I am tired of the leadership void emanating from the Third Floor. As a student who firmly believes in the First Amendment, I am embarrassed by the Faculty Statement. This is not a private school, it is a law school of the State University of New York, and your salary is being paid by the taxpayers of this state and the students. Thus, the policies ofthis institution must be applied equally to all students, not justcertain protected groups. There are students who are supposedly protected by the Faculty Statement who dislike it. Many women, people of color, and gays and lesbians think the Faculty Statement is paternalistic and actually damages efforts for social justice. Dean Filvaroff, the Faculty Statement debate has gone on way too long and demands a solution. I respectfully request that you apologize to the lesbian and gay students for using their painful experience as a forum for your political agenda and that a faculty committee immediately be created to revise the Faculty Statement. In Defense of Affirmative Action by Angela Gott That article about "Affirmative Action" by Hans Tirpak requires a response! I am saddened by Bush's veto of the Civil Rights Bill and Congress's failure to override that veto. I just finished Shelby Steele's The Content of Our Character. It clarifies and puts into perspective the backlash against minority programs on ourcollege and universitycampuses across the country. My own theory on why in the 80's this has been coming about and gathering more and more support in 890, is because today's white undergraduate students were born after the 1964 Civil Rights Legislation and after the 1965 Voting Rights Act and long after the deaths ofthe Kennedy brothers and Dr. Martin Luther King. These students were 8 years old when Ronald Reagan won his first presidential election. Not only has he had a tremendous impact on our US Supreme Court's "Law of the Land", but he's dominated the hearts and minds of this nation's youth that have largely grown up in front of the TV! This generation of white youth has never observed first hand institutionalized acts ofracial discrimination. If they bothered to pick up a copy of BLACK LIKE ME written in 1962, to them, it would probably seem like "science fiction" and they would not wantto believe it. I'm saying today's youth do not have any "white guilt." They tend to support the concept of equal rights, until they perceive it deprives them personally of opportunities, and that's where they draw the line. These arethe younger brothers and sisters of the "Me First" Yuppie generation (the last of which came of age in 1983), the ones who voted Reagan into office the 2nd time (as firsttime voters) because "they liked the money"—the expectation which his campaign had pressed into their hearts in return for their souls. I see the potential for this backlash movementto increase as time goes on. College and university administrators seem to be increasingly anxious to recruit the middle class and upper middle class black students for their "affirmative action" programs. This will serve to create a larger and larger "underclass" of blacks who will increasingly have to compete against academically over- achieving minority students for limited spaces in special preference programs. Shelby Steele calls for focusing on de- velopment programs, ratherthan merely increasing numbers of minorities. I feel higher education administrators still have an obligation to develop programs designed to create an environment where students accepted into academic programs will havethe means to learn the subject matter and be able to demonstratethatknowledge adequately. Just accepting students intoa program is not enough, particularly if some students are determined to be "at risk" students, beforehand. White males traditionally have been given all the opportunities to succeed while everyone else, minorities and women, paid their income taxes year after year and were denied opportunities for educational and personal career advancement. White males have had such a head start that unless Civil Rights legislation was passed for the rest of us, we would never be able to catch up. White males never had to share before and never knew what it was like to be shutout strictly on the basis of sex, race, or handicap! This is what equal opportunity is all about. Affirmative action programs have been instituted to undo the effects of institutionalized discrimination which have had an accumulative effect on generations of those historically disriminated against! It takes time to v ndo the harms created by discriminatory policies. Slowly, minorities and women havebeen making some progress and pursuing the same opportunities which traditionally only went to white males! Times, they are a changing! While white males may not like the heat of the increased competition, they can always just catch a plane to South Africa or some other traditionally repressive nation. I hear Saddam Hussein is looking for a few good men! Blood Drive Today Please Donate!!! Ist Floor o'Brian Hall Tuesday, November 6,1990 • The Opinion 5 �. L ItaliTnhe oafer: Adventursof a Legal Gumshoe imiodn 'H. Lktiia 'Jeuiurcsilititor I wouldn't call myself an epicure, but I like to eat on a regular basis. When I can't, my stomach makes more gyrations than JusticeMarshall in Marbury v. Madison. Work had kept me busy all morning with a few memos to write, a couple people to find and I had to take care of a suit for the senior partner. Taking that suit to the cleaners was the easiest thing I did all day. Coming back from the cleaners I chanced upon a recently opened diner called the Pro- Rated Choice Cafe. It was a store-front operation with stenciled lettering on the windows proclaiming a righteous meal served with a side order of self-serving justification. My gut was too hungry to argue and in I went for that righteous meal. Just inside the doorwas a sign stating the policy ofthe dinerabout losing things and the management not being responsible. A bunch of paragraphs followed the disclaimer arranged in near-haiku form containing some pretty pitiful allegory. I grabbed a table near the door and within seconds my waitress arrived. She was cloaked in a transparent robe of legitimacy and held a stonetablet with Cyrillic runes indelibly carved into its surface. I was about to speak when she held up her hand peremptorily and spoke in a strident tone. "You shall have black coffee, a bowlof primordial soup and a bald-faced sandwich of the First, Fourth and Ninth Amendments on a hard roll." She set down my coffee and started to walk away but turned when I called her back to the table. "Yes?" she said in a warning tone that made me give a second thought to expressing my displeasure. While generally a woman wrapped in a bedsheet makes my heart beat like the wings of hummingbird the look the waitress gave me felt more like the beak of the raven piercing my lungs. I no longer had much of an appetite. Still, since I wasn't in physical danger I decided to press on and ask about seeing a menu. "We don't have a menu here. There are no substitutions since we only serve our own ends," her voice was solid ice and her gaze went straight through me. I wished I had read the bad poetry out front, but a quick glance around the diner showed a sign by the front register saying all I needed to know — "Please Leave All Civil Liberties at the Door." I asked her if this meant I had no choice over what I wanted in my digestive sys- tem. "I think it's pretty obvious that you have no decision in that regard. Your own pitiful judgment is too limited to completely understand the moral implications of what your thoughtless act will do to your own body," her eyes were beginning to smolder with a passion I The Law Library: Complaints and Responses knew did not include me in their scope of The Complaint: Why are current law reviews on reserve? Can you make them any review. more accessible? I tried to assert the concept of the paramountcy ofthe rights ofthe individual in the United States, the foundation of society in the right to choose and the reasonable expectation of privacy. I explained that utilizing moral indignation or outrage to force-feed someone The Response: Current (unbound) law reviews are in high demand. Before they were placed on reserve, we received many complaints that users could not find particular issues despite diligent searches throughout the library. A significant number ofthese issues disappeared permanently, necessitating theirrepurchase at approximately $15 per issue in order to complete the volumes for binding. Since placing unbound law reviews on reserve, this problem has virtually disappeared. True, what we have gained in security, we have lost in browsability. Any sugges- your narrowly held perception of legal rights in a democracy does not comport with the original concept of government as a covenant amongst the People. That a society based upon a belief, by definition belonging to the individual, doesn't hold water unless you happen to be ruling by "divine-right" and that fortunately that concept went the way of the dodo bird about a hundred years ago. "Don't talk to me about an extinct avian, you infidel. We are asserting a firm conviction thatthe inside of an individual isthe proper venuefor the stateto limit the freedoms granted in the Constitution of the United States of America. Our glorious country was founded by religious fanatics, let's not pay too much attention to the "separation of church and state." We don't object to the freedom of speech (ignore the deportation ofthe communists from 1920-1950) and wehave never attacked the Third Amendment. Control over internal bodily functions has too long been assumed to be an individual's choice. Now we have brought it into the political arena where it belongs," she was frothing at the mouth like Old Yeller in the corn crib by this time and I wished I had exercised my Second Amendment right by bringing a musket into the cafe. But I was not an acting militiaman so I had to settle for reminding her that the Third Amendment prohibits the quartering of troops in private residences during time of peace. She turned beet red. "I know that, fiend. Realize this. That the home has always been ofthe utmost importance in the fabric of American life, coming second only to the automobile. Your home is inviolable, unless you happen to fit a of extensive travel to coastal profile cities in the tropical zones as promulgated by the DEA and yourlocal police," she really had all the angles covered. The food came but I didn't touch it. I asked her why we prevent government intrusion in our home yet insist that the government assert an interest in the privacy ofcertain rooms within the home. She turned on her heel and went to total my bill. I left without swallowing what they were dishing out, but I got stuck with a hefty check just the same. Sometimes it's better to go hungry than to give in to your visceral notions. The deadline for the next issue of The Opinion is tions? The Complaint: Please put signs "for law students only" on all carrel doors throughout the library. Non-law students use them, sit in there in twos, then have the nerve totalk and collaborate. When told they should not be in carrels, they state there is "no sign on the door!" Installing locks is one thing; signs aren't anywhere nearly as expensive. Please replace those missing. You have a legitimate way to oust these people, please use it! new signs are put up, people deface them or remove them. To secure the next batch of signs we have ordered a product called Protect-o-film. While deliverywas promised October 1, the product hasn't arrived yet. As soon as it arrives, the signs will be put up in what we hope will be a secure and aesthetically pleasing manner. We apologize for the delay in The Response: We have found that as quickly as replacing the defaced signs. The Complaint: Men continue to use the Women's bathroom on the 6th floor. It continues to amaze me how ignorant my fellow law students can be, and how lazy as well. The Response: It is indeed discouraging that some men refuse to cooperate in reserving the sixth floor lavatory for women. We have posted a copy of your complaint on the door and on the inside wall of that lavatory, appending to it the following message: GENTLEMEN —PLEASE This lavatory is reserved for women. Please use the lavatories on the 3rd, 4th, sth, or 7th floors. Thank you. We hope that a gentle reminder will help. The Complaint: Please don'tschedule WESTLAWand LEXIS training classes at the same time —it makes computerized searches completely unavailable for a substantial block of time. The Response: The WESTLAW and LEXIS training on Tuesday from 10:30 -12:15 for students in the Advanced Legal Research class did close off general access to those databases for that relatively brief time. The sign-up sheets for all terminals gave advance warning of these scheduled classes. The October 16th class was a once-in-a-semester occurrence. In fact, next semester, we won't have to use the second floor terminals at all for group training since we will have extra terminals available in the Koren/AV Center for the usual three week period. Extensive LEXIS and WESTLAW access is now available to law students who have modem-equipped personal computers at home. See the student representatives for LEXIS and WESTLAW for more information. The Complaint: It's freezing in here. Especially on the second floor. Can you do something about it? Please try to make it a little bit more pleasant for students to study in this law library. Thanks. The Response: We share your concern about the temperature control in the library. Please see the responses to complaint #16 and #50 forprocedural information. Even when we report complaints to the Chilled Water Plant personnel about cold temperatures in O'Brian Hall, it can be several hours before it gets warmer because ofthe nature of the campus heating system. As noted in the response to complaint #16, you may want to dress in layers to be ready for whatever varying temperatures you may encounter here. (Editor's note: maybe the library should complain to the Warm Water Plant —ha-ha). The Complaint: The swing door at the circulation desk makes a tremendous loud noise. Please, oil it or take it off if you can. TheResponse: Unfortunately, the swinging gate mustremain. Without it, unauthorized people roam through the Reserve Collection, compromising its security. All library employees have been instructed to hold the gate as it closes behind them. The gate makes no noise at all when this procedure is followed with care. The Complaint: Though assured to the contrary on #56, nooneknocked at the carrel doors on Sunday, 9/30. At 10:45 I stepped out of a 4th floor carrel into ink black darkness, the library having closed 45 mins. before. I had lost track of time. No one made an oral announcement on the floor, and we cannot see lights flashing. Please insist on personnel checking all the carrels. Fortunately exit lights were on and staircases were lighted. I was very terrified, I assure you. The Response: Yours is a serious complaint, and we are taking it seriously. The evening closers have been appraised of your complaint and the security issues it raises andreinstructed to openevery carrel and conference room door as they check the floors just prior to closing. We are also having windows installed in the carrel and conference room doors. This will cost about $2,000, but the gains in security and convenience seem immeasurable. ALTERNATIVE s:oopm Please submit articles to Box 677 or 808. 6 i _j£X\\ _/ , Tuesday November 6; 1990 • The Opinion O <^S^-: T v ° ' " [>4A ° SSW Lidbi/ffyßlMes A^""'-i-N\\ /ht s/Ati£ 6- Vow Are a Tort 0H ■■ I Ve/SscmW \EASCMWy O* , [) ncivi Permanenf Injunction of Love 4- Scrfan's Subpoera E t! fiX/z¥ ' Des+ruc+ion f^ocedure 2 3- t R Tγ ,• &31 I HETAVY METAL LAW MALICE November 12, 1990 at CAREER CHOICE! 7. Noise Easemerrf- Spgc/gfly-priced Compaci Disc | ... Produced by Wei/ Smoke i Mens Reoi: InCMbw-LeaJCM"*"-, Wce/s Spltenman - ~ .. Drums, Vocals | 11l l|||||f| Hi 1, » or»-tt» t �GROUND ZERO - Shh! Be Wery, Wery Quiet It's Wabbit Season! Attention K-Mart shoppers! As of the time of this writing, the following GUNS will be on sale: Savage 6712-ga Pump Shotgun, only $160; Martin 995.22-cal Rifle, only $108.77; Winchester 12-ga Shotgun, only $186.97, and; Remington Apache 77.22-cal Rifle, only $79.97! I don'tknow about the rest ofyou, but this manly man is opting for the Savage Pump Shotgun. I'll buy the shotgun (no waitingperiod!), get myself some camouflage clothes sothe deer don't mistake me fora human, get myself somecamouflage toilet paper so the humans don't by Michael Gurwitz Layout Editor mistake me for a deer (now that would be an embarrassing way to go!), and go blast some venison (altogether, it works out toonly $25 a pound, according to the NRA). Yup, it's hunting season —time to kill some animals and enjoy Mother Nature. Now I know that there are those of you whothink hunting is cruel, but let me ask you, what's more cruel, shooting deer with high-powered rifles equipped with scopes (or, if you prefer, razor-sharp arrows), or letting them possibly starve to death. You know there's too many deeroutthere —wehunterstellyouthat all the time and personally, my heart goes outto all those hungry deer. That's whylliketoshootthem. The way I figure it, my buddies and I shot all of thedeers' natural predators into oblivion (I have — the most beautiful wolf and mountain lion heads mounted on the wall in my den), so now it's up to men to do the weeding out (don't get me wrong, gals. I know that women can hunt as well as men, but the majority of hunters are male. I dunno, maybe men like carrying around long, powerful rifles more than women d0...). Where was I (lost my train of thought thinking about the pleasu res ofshooting off my big gun)? Ah yes predation. As I was saying, people have to take over the role of predators now. That's why hunters only kill the biggest and healthiest animals. I mean, that's how it works in the wild, right? You see, by killing off the biggest, fittest bucks, we leave behind a large ratio offemale deer to second-rate male deer. That way, we encourage over-population, thereby ensuring ourselves of a large supply of living targets for the next hunting season. Maybe killing off the healthiest animals weakens the gene pool, but hey, I always manage to find a least one prime specimen to mount on my den wall. I get ticked off by people who would deny hunters the right to kill approximately 200 million animals a year (not to mention the estimated two animals we merely wound and cripple for every animal we kill). Why, hunters make up a whopping 7% of the U.S. population, so it's only fitting that we be allowed to kill animals that would normally be , — around for the leftover 93% of you to enjoy (to think, some people actually enjoy seeing animals in the wildwithout actually killing them —what a waste!). A man's entitled to his fun, you know. In fact, it's been said byfellow hunters that if hunters couldn't go off into the woods to shoot a few animals, we might take out our frustrations on our wife and kids. Let's get one thing straight: if it weren't for hunters' money, state and wildlife officials wouldn't be able to afford all those wonderful game management programs that provide us with so many warm-blooded targets. What programs, you ask? Well, aside from the abovementioned killing offthe healthiest bucks, there are two other ways to ensure a large deer population. The first is to clear-cut,bulldoze, burn, or poison away millions of acres of public forests to create low browse habitat for deer. The second is to kill off, orotherwise discourage, non-game species which would ordinarily prey on, orcompetewith, those animals hunters enjoy killing, like deer. If it weren't for game management programs, and the conservation departments stacked with hunters, our deer wouldn't be able to breed to the point where we could claim they were going to starve! The most annoying thing to me is to have somebody tell me that they think hunting is cruel. That's why I'm glad that New York State has passed the hunter harassment law (Art. 11, Sec. 11-0110, McKinney's). This law makss it illegal for people who disagree wiffe hunting to actually tell me in person. Last weekend was in a public forest shooing at squirrels to pass the time, whin this guy came up to me and said "V\% don't you find a less violent way of «fitjoying nature." I was shocked, ouffaged, and You see, most importantly, it a the hunter harassment crime to do or say anything that "seriously annoys" a hunter. I called overa nearby game warden and had this guy arrested. Ha-ha! That fellow got 10 days in jail and a $250 fine for daring to talk to me while I was shootWig squirrels! The funniest thing is, I've heard lawyers who said that the hunter harassment law is an unconstituSonal limitation on a person's freedom of speech. Something about content-based restrictions, lack of compelling state interest, overbreadth...you know, legal technicalities. I had to laugh. You see, what all of those pinhead do-gooders and earnest lawyers don't realize is that it doesn't matter if a law is just, or constitutional, or fair. What matters is how much money you have behind you to influence the politicians, and folks, I've got the NRA behind me. Well, gotta go now. It's time to grab some beers, pick up my buddies for a little male bonding in the woods, and kill some starving deer. But first, I think I'll sit down and polish my rifle. Oh, the power! I Society's Smallest Victims Need Our Help by Jerri B. Gordon I have observed and have received much pleasure 'in doing so, the majority of my fellow students putting a great deal of energy and effortfighting for the rights and freedoms of many groups; animal rights, handicapped, homosexuals, race, women, workers, etc. But these advances are primarily for adults and the plight of children is scarcely noted, if at all. The battles that young children are struggling in are ones that they are unprepared to fight. They need protections because children have the gift to show adults a way to break all barriers of prejudice. Children, by nature, don't judge and the only way to protect them is by educating and reeducating adults. One important goal must be to prove how unconstitutional tracking' young children is and to stop it. I watch in horror as it moves to younger levels each year. One grades cattle, not children. Close your eyes for a minute and experience the life ofa young child (more often then not, he'll be poor, of a darker complexion, or both), who begins our educational system with a bright flame of curiosity burning in his eyes and hopefulanticipation radiating onhisface. He's then told he belongs in a 'low' group, whichcommunicates to him that he is scarcely worthy of anyone's efforts. Tragically, the other children see where he is on the school ladder and since they learn by example, treat him likewise. It is very much a social issue, rather then merely an educational one. By high school, he is a discipline problem, frequently illiterate, and tries to escape with drugs. These children hear things you and I don't know exist at an age when curiosity is often experimentation. He never believes or tests his capabilities and he never experiences the ecstasy of learning. The 'high-track' children are also damaged as they develop an arrogantly selfish, exclusive personality, living only to themselves without ever having the experience of helping and understanding those who manifest less ofthe world's standards. If children and people as a whole are not doing something to help lift someone else, they feel bored and empty, with their only goal being a desire to have more money and more toys. I'm not in favor of subsidizing education for people to buy bigger and better everything. I'm in favor of incentives for peopleto be reeducated and inspired to take responsibility for every child's education. The experiences of so many children are filled with repressions and injustices that must be remedied. We cannot continue to deny them the radiant truths of this life because we will not recognize theirright to them. However, truth itself will not free these children it's recognizing and working in it that will do that. Tracking is the worst form of segregation. We need compassion and justice to convince each child at an early age that in the great structure of the universe, there is a special place for him and we need him in his place in order to benefit us all. Every child should have an opportunity to measure and test his own capabilities to be able to establish - MANIA the best sort of inner mental picture. The primary benefits would be confidence, discipline, a sense of self-esteem, and useful practical knowledge. The reality ofthe situationappears to be a great deal less then these simple expectations. Perhaps what is needed is a new approach to an old idea from the Declaration of Independence: "We hold these truths to be self-evident, that all men [women and children] are created equal;that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness." Tracking and suspensions are destroying the future of many young lives. Children are not at liberty to choose the track they are placed in and soon discover disappointment and humiliation if they're not fortunate enough to be quick witted or to have a look ofacceptability. Tragically, there is a strong probability that these defeated children will remain on the track where they were early placed for the rest of their lives. It is a form of monotonous slavery and should be abolished, if not by the schools, then bythe people themselves. I am for any system that allows its populace to learn and live in dignity, but I'm against any that does not. Since I've been here, I've mostly learned that we as citizens have few rights, but are burdened and limited by many laws. Laws are worth less than nothing if they don't stand by an individual when he needs help. Children don't need issues, philosophies, "slippery slopes," or standards of review they need a strong active hand to ensure their special potentials are not forever lost. Mankind must come to the realization that anything that benefits one, benefits all; anything that harms one, harmsall. No wonder we are paying the penalty of ignorance, inhumanity and poverty, because we don't realize what we're doing to each other. Frances Bacon said that "Theancient wisdom of the best times did always make a just complaint that states we're too busy withtheir laws and too negligent in point ofeducation." To guarantee an enlightened future for us all, surely it is time to lift every school age child up where he belongs. - THE PASSWORD: 415 Seventh Avenue, Suite 62 New York. NY 10001 (212)594-5696 (516)542-1050 '914)684-0807 (201)623-3363 fAX: (212)643-9460 20 Park Plan, Suite 931 Boston, MA 02116 (617)695-9955 (203)724-5910 FAX: (617)695-9386 LEGAL Micali Pat Tuesday, November 6; 1-e9Q;-y,•,T"tre,QptniQ<i 7 �Studywiihj landpass. PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 • Tuesday November $; 1990 «The Opinion I 8 �SBA Committee Members Needed ANNOUNCEMENT!!! 3rd ROUND OF COMMITTEE INTERVIEWS THE S.B.A. is seeking individuals to interview for the various open positions on thefollowing committees : *NEW- LEGAL METHODS COMMITTEE 1 This committee works with the Administration in changing and/or maintaining the structure of the Legal Methods Program. By meeting regularly the committee can assess the program's merits and faults in an ongoing effort to improve it. Through students'observations, direct student feedback and discussions, student members will be able to offer a perspective that has not been present thus far.. This committee will consist of The Dean, five faculty members, three student members and the S.B.A. President. Please submit a letter of intent stating your qualifications for and interests in this committee by Friday, November 9th, box 692. 2 There is one position open for the ANTI-DISCRIMINATION COMMITTEE. This committee will focus on the problem of discrimination against any and all persons. Please submit a letterof intent stating your qualifications and interests in this committee by Friday, Nov. 9th, in box 692. 3 The LIBRARY COMMITTEE still has four student member spaces open. 4 The BUILDINGS AND COMPUTERS COMMITTEE needs four student members to complete this committee 5 Two STUDENT REPRESENTATIVES TO FACULTY MEETINGS are needed. 6 The CAMPUS CHILDCARE CENTER needs one person to fill a vacant board seat. Anyone interested in childcare facilities and procedures should sign up for an interview. IMPORTANT!! The sign up sheet for interviews will be posted on the S.B.A. dooron Monday, Nov. sth. '"NOTICE*" The Interviews for the LMP COMMITTEE, CAMPUS CHILDCAREand ANTIDISCRIMINATION COMMITTEES will be on Monday NightNovember 12th , starting at sp.m. and ending around Interviews Bp.m for the LIBRARY.BUILDINGS & COMPUTERS and STUDENT REPS TO FACULTY MEETINGSCOMMITTEES will beheld on Wednesday night, Nov. 14th, starting at 5 p.m. and ending around 7:30 p.m. For any questions on descriptions of committee functions, see the copy of The OPINION postedon S.B.A. door, or contact JOHN LICATA, Box 443. Bridging Discrimination in AIDS Treatment continued from page 3 between reasonable accommodation and discrimination. The significant dental needs of AIDS patients will force society to turn to the dental profession in this time of public health emergency. Dentists must re- spond based on scientific facts and not fear orprejudice. Thereactions of health care workers help shape public perception ofboththe nature ofthe diseaseand the risk it presents. If a dentist refuses contact with an infected individual, it reinforces unwarranted public fears. The occupational risk remains low and professional ethics requires dentists to face this risk. The law in this area, at its best, will leave gaps which ethical principles can most appropriately fill. But this statement only holds true if the profession actually articulates specific and clear guidance for its members. Even a statute prohibiting HIV patient discrimination byrefusal to treat orby unnecessary (disguised) referral would still require professional interpretation of what constitutes "unnecessary" referral. A sound approach to the treatment of infectious patients requires dentists to recognize the signs and symptoms of Capital Al DS based on reasonable and informed medical judgments, given the state of medical knowledge at thetime. Dentists should refer patients with histories or conditions indicative of HIV infection to a physician for diagnostic procedures, counseling and medical follow-up. Only patients whose symptoms preclude treatment in a private office should receive special accommodation. The American Dental Association should list these situations, as comprehensively as medically possible. Society needs, and has the right to expect, a high standard of care from the dentalprofession. Dentistry, in turn, has a long tradition of providing compassionate care to the public and groups with special needs. Meeting the challenge ofAIDS today will allow dentists to enhance their image as a true healing profession. However, society must support this ethical tradition with government-based compensation that shifts the costs ofoccupational infectionsfrom the dentist to "deeper pockets". Access to dental care remains an important value in our country. Society must now begin discussion ofall contingency plans to protect this value. Defense Work continued from page 1 footwork by interviewing witnesses, clients, sheriffs. It won't be busy work. This stuff needs to be done to insure effective counsel. There is possible trial work involved, for motions and procedural" work is not uncommmon. Ms. Harrington noted that some students come to Texas with a "save the South" mentality. She adds thatthere is some basis in the aattitude since 'Texas is in a class by itself. It's a poor state, the judges are elected not appointed, and a hang 'em high mentality definitely exists here." Capital defense work on such a large scale exacts the toll in emotion sincethe Texas Resource Center loses most of its cases. Ms. Harrington summed up the job description as "gru- elling work against a stacked-deck, bul it is the most compelling work a lawyer can do." Mr. Singleton, having extensive experience in capital defensethroughout the Southeast and Southwest, described the situation as a corroborative effort between the district attorneys and the judges. They think they're running a slaughterhouse down there, we have to make them act like it's a court house." Students interested in working at the Texas Resource Center in litigation, criminal defense or inobtaining possible academic credit are encouraged to contact Mr. Palmer Singleton in room 526 O'Brian Hall. VOTE! TODAY! VdTE! TODAY! VOTES TODAY! VOTE! TODAY! VOTE! TODAY! VOTE! TODAY! key: D=Democrat; C»Conservat«ve; L=Libefal; RTL= Right to Life; P=supporls parental consent/notification Candidate Office Mario M. Cuomo Pierre A. Rinfret Herbert I. London Louis P. Wein Governor Governor Governor Party Abortion Position D-L R Pro-choice Pro-choice Lt. Governor George Yancy Lt. Governor Anthony P. DiPerna Lt. Governor Gertrude C. Manning Lt. Governor D-L R C RTL Pro-choice Pro-choice Pro-tife D-L Pro-choice Pro-choice Pro-life C RTL Governor StanLundJne Edward V. Regan Donna M. Kearney Carol Bellamy Comptroller Comptroller Comptroller Robert Abrams Attorney General D-L Bernard C. Smith Robert F. Nolan Pro-life Pro-life Pro-life R-C RTL Pro-choice Pro-choice Pro-life Attorney General R-C Attorney General RTL STATE LEGISLATIVE OFFICES Candidate, Kevin P. Gaughan WilSamPaxon Office Aftortipn Pftsition District U.S. Congress U.S. Congress John J. LaFalce 31 31 Pro-choice D-L R-C-RTL Pro-life U.S. Congress U.S. Congress Kenneth J. Kowalski U.S. Congress 32 32 32 D-L R RTL Pro-life Pro-choice Henry J. Nowak Thomas K. Kepfer Louis P. Corrigan 33 33 33 D-L Pro-life unknown Robin Schlmminger Assembly Goeffrey E. Dell Assembly Michael D. Gigante Assembly 140 140 140 D RTL L Arthur O.Eve Assembly James W. McPeak Assembly 141 141 D-L Pro-choice (P) R-RTL. Pro-life Ester J. Kehoe Assembiy Richard R. Anderson Assembiy Angela Clrasa Assembly 142 142 142 L Paul A. Tokasz Julita T. Kotlarz Assembly Assembly 143 143 D-C Pro-life R-RTL Pro-life William B. Hoyt Paul P. Indelicato Assembly 144 144 D-L Pro-choice R-RTL Pro-life Richard J. Keane W. Shawn Manley Assembiy Assembiy 145 145 D-C R-RTL Assembly 146 146 146 R L Michael T. Waring Francis J. Pordum Will Michael Snyder U.S. Congress U.S. Congress U.S. Congress Assembly Assembly Assembly Thomas M. Reynold ,; Assembly Assembly Helen M. Pierce R C Pro-life Pro-choice Pro-life Pro-life unknown unknown mixed unknown D R-C Pro-life Pro-life Pro-life D-C mixed Pro-choice 147 R-C Pro-life 147 RTL Pro-life Assembiy Assembly Assembly 148 148 D-C R RTL Pro-fife Pro-life Pro-life John C. Ditienburg Assembly Assembiy Patricia McGee "149 D R-C unknown Pro-choice William L. Parment Assembly 150 D-C 150 R Pro-choice Vincent J. Graber Oaleß. Poole Mary F. Reformat 148 149 James P. Barney Assembly Jess J. Present Paula J. Cardone State Senate State Senate 56 unknown Pro-choice R 56 L Pro-choice D-C R L Pro-fife Pro-choice unknown Wiltiam StacJiowski State Senate Donald BHuttton State Senate James Peck State Senate 57 Anthony Masiello State Senate Michael A. Woolford State Senate 58 58 OaleM. Volker Paul Waldmtller 59 RTL 60 D State Senate State Senate Henry Charleson State Senate Johnß.Sheffer.il State Senate Albert D. Huntz State Senate 57 57 59 60 60 Pro-choice D-L R-RTL Pro-life R-C Pro-life Pro-life R-C RTL unknown Pro-life Pro-life COUNTY, CITY & LOCAL OFFICES Candidate Office Party David Swarts Poppy Rosano Ronald M. Stanton County Clerk County Clerk County Clerk JoelGiambra UsaCapell Buffalo City Comptroller Buffalo City Comptroller Carl A. Perta. Jr. Shane R.Gibson Joyce A. Battaglia Niagara Dist. Council Niagara Dist. Council Niagara Dist. Council David M. Buyer Terence J. Young D R L Abortion Position Pro-choice unknown unknown D-L Pro-choice (P) R-C Pro-choice D-L Pro-choice (P) unknown R C Pro-choice Orchard Park Town Council R-C Pro-choice Orchard Parit Town Council RTL Pro-Ufa Tuesday.November 6,1990' • TheOpinion 9 �THE LINDA YALEM MEMORIAL RUN BCHfI r«— This eventis in honor ofLinda V tlem, a UB student assaulted and killed while running this year. We want to remember the tragic and senseless loss of her life and to recall her life and her ambition to run. Linda was training for the New York City Marathon at the time ofher death. We hope that the University, and Western New York Running Community will jointogether to remind one another that we cannot be held captive to our fears. The fears and dangers that exist to ail of us must be confronted and controlled. We must take steps to ensure our safety and not allow our lives u> be controlled by fear. We want to develop an attitude and awareness in our community that we have a right to enjoy life and a responsibility to ensure oursafety and the safety of others. Join with us, as we race, run,jog, or even walk to appreciate the special goal ofLinda's to run the NYC Marathon, and the commitment and pleasure she derived from it We encourage everyone to participate in this special event Proceeds from the run will be donated to rape prevention programming and a scholarship fund established by the Yalem family. DATE: Sunday, November 18,1990 (Rain orShine) START TIME: DISTANCE: 10:00 AM REGISTRATION: ENTRY FEES: jj c EU.S, Only Fmfac n*h, I/M j AWARDS: No Duplicate Awards 5 Kilometers (3.1 miles) T.A.C. Sanctioned - - Make Checks Payable to: Linda Yalem Memorial Run SA Advance Registration: SIO.OO $8.00 UB Students Day RegistSn: $12.00 I •γ-shirtstoaliparticipants • Safety Whistles | • Overall Male and Female Finishers Open Division • Top Three Finishers in Male and Female Age Categories: 69 • 14 and under • 30 39 • 60 »40-49 70 and over • 15-19 • • 20 29 • 50 59 • Wheelchair - - • Top Five Male and Female UB Students • Drawing for Other Prizes POST RACE EVENT: FINISH LINE: Post Race Awards Ceremony with prizeraffle. Refreshments Served Emery Fisher Race Crew M AGe D SEX ill M-F 63-14 me brs com unity cInformatin, oner d University call 1 I II NAME I FIRST 1 More Spons red of SKTE/P«OV !xuc mvtcl:. me ua/or entry? aw Kav> Date ma* I Whelcair aU on: i lor Telphone mum) n«M> or a> f in at » «U Omtor 18 t I m<l I I I fa, namj 4 j —~ parent/gudian if m ! aplicton Student reorad Iorniat nCforamaptienn Counters,Desk, na tf u. parom a npimt : i ( The 636, Cal I I ) and M m« n4 Dam t Imvk foram UMft K •io<k —urn u> or uM »» ioM I For TCiCjD^ JtISA F# for Area C a n d y n> mFopore a>avl be Capen Housing mmwui ad Aaocu n. under No M mot mo StM i "Tα B«We. Yes an ioTi* iT i York 14260 —, Runer A r e n a M STWET Student? m e n t r i e s A i u n W Ti m U » i h UB NUMBER TOWN/Tf L-_ Salt Signature Sienature mail 174Bufalo, 11 the ZIP/OSCc im I I by _Tl^'' )^£/ T.A.C. I I 1 Sanctioned | AplicatonsHarimn Alumni . SAC A314.1 Desk, sociatn, Spectrum I I Parking, Rest Room, Bag Storage, and Shower Facilities Available. All levels ofparticipants are welcome. f»« tint, t r<l ! are and Arena, I University at Buffalo (Amherst Campus), Alumni Arena Race Day regitration and Packet Pick-up 8:30-9:30 AM Only. - INFORMATION: «-—i m ■ | Nβ ol of of I I I l. iS -'biS ■ -> ■ Of Life Law and Employment Discrimination by W.F. Trezevant On October 10, 1990, the Supreme Court listened to oral arguments in the International Union v. Johnson Controls, 89-1215. TheSupremeCourtistodecide the legality of an employer's policy excluding all women of child bearing age regardless oftheir family status, infertility, fertility oftheir sexual partner, age or their expressed intent not to bear children; from jobs that might expose them to the high levels of lead. The employer, Johnson Controls, manufacutes automotive and specialty batteries whose primary ingredient is lead which the company argues poses a threat to the development of unborn fetuses. This case deals with fundamental questions of equality, discrimination on the basis of sex as well as the issues underlying the abortion debate and for thisreason is, perhaps, one ofthe mosst important sex discrimination cases to be brought before the high cour since the enactment of the 1974 Civil Rights Title VII statute. Procedurally, this case is before the Supreme Court on the pleadings as the district court ruled in favor of Johnson Controls based on summary judgment motions. On September 26, 1989 the Seventh Circuit Court ofAppeals, sitting en bane, rendered a decision (7-4) of almost seventy pages, with three separate dissents, affirming the lower courts granting of summary judgment against this challenge underthe Civil Rights Act of 1974. While much of the debate has centered aaround the ideological and social policy concerns of a mandatory fetal protection policy, the issue for the Supreme Court is considerably narrower. The nine justices must decidewhethera fetal protection policy can be legally defended from a Title VII attack using either a business necessity defenseora bona fide occupational qualification Tuesday November 6,1990 • Opinion The 10 defense. The business necessity defense is a judicially created test from the early 1970's case of Briggs v. Duke Valley. This test essentially states that when the court is faced with an employer's policy which does not disscriminate on its face, but rather has a disparate impact by excluding a protected group, a business can legally defend itself froma discrimination suit if itcan prove that the policy criteria bears a demonstrable relationship to sucess on the job in ques- tion. In the present case, both the district court andthecircuit court have heldthat this wasa legitimate defensefor Johnson Controlstoraise. Therationale Johnson Controls uses to justify the exclusion of women from jobs due simply to their gender is on weak ground, and in fact flies directly in the face of the Title VII ban on gender discrimination. On October 11, 1990, in a debate sponsored by the Federalist Society, students and faculty listened to oral arguments from Professor Lucinda Finley of UB Law and Lincoln Oliphant, the legislative counsel for the Republican Study Committee. Mr. Oliphant commented on the use of this defense by Johnson Controls by sting that "it takes a little bit, maybe too much, of legal ingenuity to reach the business necessity defense." Johnson Controls also has available the BFOQ (Bona Fide Occupational Qualification) defense. This statuorily created defense holds that an employer can defend itselffroma suit if it can show that the policy practice is reasonably necessary to the normal operation of a particular business or enterprise. Johnson Controls has argued that when the employment of a person threatens harm to a third party, then the employer should be allowed to asser a BFOQ defense because asa part of the ordinary and reasonable course ofhis business, he is obligated to conduct his business without unduly threateningthird parties. In the case theunborn fetus is the third party. This argument is a much stronger ar- gument than the business necessity argument. However, Johnson Controls is attempting to utilize it before the conception of the third party. Hankering For Our Race Neutral Past by Vito Roman The walls have voices. All around O'Brian Hall they scream "Race Neutral Now!" What this message means, however, eludes me. Does it mean that the law school, the government, each and every one of us should never consider "race" when we deal with each other, for whatever reason? Or does it mean something else? Suppose the law school were to refrain from asking applicants questions about their "race," and to judge them solely on the merits of whatever other criteria their applications contained? What results? The answer, of course, would depend on what criteria, outside of "race," the school deemed important. Morelikely than not, itwouldbe the samecriteria it deems important now. Nevertheless, if we are to satisfy the wallsby returning to "Race Neutrality] Now," shouldn't we ask how "race" became an issue in our national life anyway? The answer, apart from being obvious, would have to include a reference to the enactment ofthe Civil Rights Act of 1866. Race neutrality to Congress then must have meanttreating Blacks as equal citizens under the laws of the nation. Thus, every subsequent Civil Rights Act enacted by Congress, even the vetoed 1990 attempt, could be seen as an attempt to promote racial equality by enforcing racial neutrality, i.e., equal (neutral) treatment of all races under the law. But then, how do we answer the walls? Perhaps the answer lies in the writingsof two of ourfellow law students, both of whom have come out strongly against affirmative action. Both these writers, it seems to me, clamor, like the walls: "RaceNeutral Now!" Writing in TheFederalist Papers (Vol. 3 No. 1), one of them declares that affirmative action is "discrimination against people of European descent"and that it has moved this nation away from the "America that[he] thinks our Forefathers envisioned." The other, writing in these pages (10/23/90), condescendingly states that by eliminating affirmative action "minorities in high positions would no longer be assumed to be less qualified than their peers or to have received theirpositions because ofthe color oftheir skin." This second possible reading of "Race Neutral Now!" however, bothers me. Ever since the birth ofthis nation we have struggled to live up to the meaning of that key phrase in the preamble of the Declaration of Independence: All Men Are Created Equal. If race neutrality means returning to a time when Congress did not meddle in areas where it felt it was important to promote equality, then I have no desire to return to that race neutral past. I simply cannot forget that in that past the words in the preamble meant not what they said, but instead, were given an Orwellian interpretation: Some Men Are Created More Equal Than Others �The Docklet dfadsfsd What: When: Where: LALSA Meeting Tuesday, 11/6 at 5 p.m. Room 210 What: When: Where: Dissent Meeting Tuesday, 11/6 at 5 p.m. What: When: Where: Opinion General Meeting. Wednesday, 11/7, at 3:30 pm. Opinion Office, 7th Floor. Writers, photographers, etc. WANTED! Lowdown What: When: Where: Lowdown: What: When: Where: Lowdown: Room 118 O'Brian Hall. Association of WomenLaw Students Brown Bag Lunch. Wednesday, 11/7 at 12:30 p.m. Faculty Lounge, O'Brian Hall. Constance Eve, director of an alternatives to prison incarceration program, will discuss her work. Domestic Violence Task Force Orientation Meeting Thursday, 11/8, 7- 10 p.m. Room 108, O'Brian Hall. Panel presentation to raise community awareness of the issue of domestic violence. Refreshments will follow. Also, a planning meeting will be scheduled regarding the chance to observe a family court proceeding during the first week in December. What: When: Where: What: When: Where: Lowdown: What: When: Where: Lowdown: What: When: Where: Lowdown: Buffalo Environmental Law Society Bake Sale. Monday, 11/12 in the morning. In front of the law library. AWLS Candy Sale Thursday and Friday, 11/15&11/16. Buy a "World's Finest Chocolate Bar" for $ 1 from any AWLS member or at the office in the basement of O'Brian Hall, room 10. One-half of the proceeds will go to the Linda Yalem Scholarship Fund. To participate, leave a note in box 401. Second Statewide Labor & Environment Conference Friday Sunday, 11/16-11/18. SUNY College of Environment and Forestry, Syracuse. A meeting of activists at a maj or educational conference to build a movement for labor and environmental justice, (for more info., contact Andrea Sammarco, # 512.) Linda Yalem Memorial Run Sunday, 11/18 at 9 a.m. Starts at Alumni Arena. All proceedswill go to theYalem Scholarship fund and Rape Prevention on Campus. - SBA and Kappa Psi (pharmacy school), are co-sponsoring a Blood Drive to be held on Monday, November sth and Tuesday, November 6th. This is a great chance to receive a feeling of good will and satisfaction in knowing that you are helping to save a life. It only takes about a halfan hour, and you get free cookies and orange juice to boot! Stop by Monday orTuesday and help out the American Red Cross. HUMAN RIGHTS WEEK Nov 12th thru Nov 17th Detail Posted Outside Room 408. What: When: Where: AWLS General Meeting. Monday, 11/19 at 5:30 pm. First Floor Lounge. ANNOUNCEMENT !! ! 3rd Round Of COMMITTEE INTERVIEWS THE S.B.A. is seeking individuals to interview for the various open positions on the following committees : •NEW- LEGAL METHODS COMMITTEE This committee works withthe Administration in changing and/ 1 ormaintaining the structure of the Legal Methods Program. By meeting regularly the committee can assess the program's merits and faults in an ongoing effort to improve it. Through students' observations, direct student feedback and discussions, student members willbe able to offer a perspective that has not been present thus far. This committee will consist of The Dean, five faculty members, three student members and the S.B.A. President. Please submit a letter ofintent statingyour qualifications and interests in this committee by Friday, November 9th, box 692. There is one position open for the ANTI-DISCRIMINATION 2 COMMITTEE. This committee will focus on the problem of discrimination against any and all persons. Please submit a letter of intent stating your qualificationsand interests in this committee by Friday, Nov. 9th, in box 692. 3 The LIBRARY COMMITTEE still has four student member spaces open. 4 The BUILDINGS AND COMPUTERS COMMITTEE needs four student members to complete this committee. 5 Two STUDENT REPRESENTATIVES TO FACULTY MEETINGS are needed. 6 The CAMPUS CHILDCARE CENTER needs one person to fill a vacant board seat. Anyone interested in childcare facilities and procedures should sign up for an interview. IMPORTANT !! The sign up sheet for interviews will be posted on the S.B A. dooron Monday, Nov. sth. ***NOTICE*** The Interviews and ANTIfor the LMP COMMITTEE.CAMPUS CHILDCARE DISCRIMINATION will be on Monday Night November 12th , starting at sp.m. and ending around Bp.m. Interviews for the LIBRARY,BUILDINGS & COMPUTERS and STUDENT REPS TO FACULTY MEETINGS COMMITTEES will be held on Wednesday night, Nov. 14th, starting at 5 p.m. and ending around 7:30 p.m. For any questions on descriptions of committee functions, see the copy of The OPINION posted on S.B.A. door, or contact JOHN LICATA. - The weekend of November 16 18, labor activists and environmentalists will be afforded a unique opportunity to help build an UNSTOPPABLE COALITION at the 2ND ANNUAL LABOR AND ENVIRONMENTAL CONFERENCE. The conference will be held in Syracuse, and representatives from over 50 environmental and labor groups will be on hand to discuss issues of interest and forge new connections. The Buffalo Environmental Law Society will be organizing transportation and housing for anyone interested in attending. Costs are minimal ($3O student, $10 low income), and fee waivers may still be available for special cases. For more information, please sign your name on the sheet in the mailroom, on the BELS board, or leave a note in box #512. - - CANNED FOOD DRIVE OnThursday morning, the Labor Law Society will sell coffee and doughnuts on thefirst floor of O'Brian Hall to raise funds forthe workers of Local #1610 of the Amalgamated Transit Union. This isthe local chapter of the Greyhound workers union. At the same time, they will accept your donations ofcanned goods for the families of Local #1610. Please bring canned, nonperishable goods with you, or drop them off at the Public Interest/Public Service Office, 509 O'Brian Hall. Tuesday, November 6,1990 • The Opinion 11 �New "fork Bar Review Course Summer 1990 Enrollments ' BAR REVIEW 9 - Pieper All other courses combined 2,200+ 250+ Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-11-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/6/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c98e444c631662f83bb4f25cc8316a49.pdf 75861ecdbad925e06285760abcca2e74 PDF Text Text THE OPINION Volume31, No. 6 October 23,1990 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Coming Out Day Marred by Attack By Maria L. Germani Editor-in-Chief On Thursday October 11th-National Coming Out Day, vials of sulfur were hurled at a table set up by the Gay Law Student Organization across from the law library. One vial hit a passing student. The perpetrator(s) have yet to be apprehended. The incident wasa failed attempt to disruptthe group's activities. National Coming Out Day celebrates the anniversary of the 1987 March on Washington forLesbian and Gayrights. More importantly, it is the recognition and celebration of the sexual identity of the significant and often discriminated lesbian and gay population. It is celebrated to combat the exact kind of sul- fur-filled vial-throwing kind of behavior which occurred onthis campus October 11th. But this blatant act of aggression was not the only disturbing occurrence that day for the gay community. What could be more insulting than to have the only employers with express discriminatory hiring policies against gay and lesbians recruiting on campus the same day? Once a quiet minority, gays and lesbians have tapped theircollective strength and found their voices, taking strong stands against explicit and covert policies isolating and discriminating them based on their sexual preferences. One example of this strength is manifested through theLambda Legal Defense and Education Fund, Inc. Lambda is the country's foremost lesbian and gayrights Terri Mayo, President of Lesbian and Gay Law Students legal group founded in 1973 to defend and extend the rights of lesbians and gay men through test-case litigation and public education. In their own display of strength and determination, SUNY at Buffalo law students have filed a complaint to the New York State Division ofHuman Rights against the University. The complaint alleges the University's violation of Executive Order 28.1 (B1) which states: Gretchen Stork, Kathleen Welch and Terri Mayo "No State agency or department shall discriminate on the basis of sexual orientation against any individual in the provision of any services or benefits by such State agency or department." The complaint further alleges, "As gay and lesbian students, we have been discriminated against by the University at Buffalo as the Law School CDO has provided State employment agency services toan employer who, as aknown and stated policy, denies us any employment opportunities." The lawsuit is the culmination of unsuccessful attempts by law students in the past two years, to end the JAG Corps' access to the Career Development Office. The complaint was released at a press conference held by law students on National Coming Out Day. Judge Arcara Hits Project Rescue with TRO by Natalie A. Lesh On September 27,1990, Federal District Court Judge Richard J. Arcara issued a Temporary Restraining Order against Project Rescue ofWestern New York, the local chapterof the nationwide pro-life Operation Rescue group. The Order was theresult ofan action brought against Project Rescue by the ProChoice Network of Western New York and five local health-care providers. According to UB Law Professor Lucinda Finley, one of the attorneys forthe plaintiff, the purpose ofthe lawsuit is to "protect and vindicate the constitutional rights of people seeking health care services," not only the rights of women seeking abortions. Finley views the temporary injunction as a balancing between Project Rescue participants' rights to picket and express their views on abortion, and the rights of people seeking access to health-care services, since many abortions are performed in facilities which house other health-care providers as well. The Temporary Restraining Order, which remains in effect until Judge Arcararules on the motion for a permanent injunction, provides that Project Rescue, its officers,agents, representatives, and persons acting in its behalf, are enjoined and restrained from: 1. trespassing on, sitting on, block- ing, impeding or obstructing access to, ingress into or egress from any facility at which abortions are performed in the Western District of New York; 2. demonstrating within fifteen feet of any person seeking access to or leaving such facilities, except for sidewalkcounseling, which may consist ofa conversation of a nonthreatening nature by not more than two people with each person they are seeking to counsel (it is also provided that no one is required to accept or listen to sidewalk counseling and that if any person who is sought to be counseled does not want such counseling, wants to leave, orwalks away, that they have the right to do that, and in such event the persons seeking to counsel the person shall cease and desist from such counseling of that person); 3. physically abusing or tortiously harassing persons entering or leaving, working at or using any services at any such facility; 4. making any excessively loud sound which disturbs, injures, or endangers thehealth or safety ofany patient or employee of any such facility, or which interferes with the rights of anyone not in violation of the Order; and, 5. attempting, inducing, encouraging, directing, aiding, or abetting in any manner, others to take the actions described above. The order also specifically states that nothing in it "shall be construed to limit Project Rescue participants'exercise of theirlegitimate First Amendment rights, "and that Project Rescue must make a "good faith effort" to instruct those that they believe to be planning to participate in any ofthe enjoined activities against doing so. Finally, any Project Rescue participant who fails to comply with the Order is subject to civil damages of $10,000 per day for the first violation, and double the previous fine for each successive violation. In response to Judge Arcara's issuance ofthe Order, Project Rescue, and specifically the pastors of the Western New York Pro-Life Clergy Council, have argued thattheir First Amendment rights have been violated. They contend that the Order prohibits them from quoting various passages from the Bible which may be viewed as encouraging some of the enjoined activities, which in effect censors what they can preach from the pulpit. Arcara made a statement last week regarding this charge, in which he emphasized the part of the Orderwhich explicitly provides that Project Rescue's exercise of its legitimate First Amendment rights have not been limited, and that the Order should not be interpreted as doing so. Finley, too, claims that this accusation is "absolutely, totally false." She also points out that a similar injunction issued in the Southern District of New York was recently affirmed by the Court ofAppeals forthe Second Circuit, and that permanent injunctions against Operation Rescue are in effect in both the Northern and Eastern Districts of New York. Therefore, this Order, would merely extend to the Western District, which includes seventeen counties, the protection already afforded most of New York State. Attorneys for Project Rescue have submitted a motion to dismiss, on the grounds that a case involving the same Plaintiff and Defendant is pending in state court, and that the federal court should therefore defer to the state court and abstain from exercising its jurisdiction. Oral argument on the motion is scheduled for Friday, October 19 at 2 p.m. Itis possible that Judge Arcara will also rule on the motion for the permanent injunction at this time. HIGHLIGHTS Affirmative Action Attacked Linda Yalem Scholarship Fund pg. 5 pg. 6 Listen Up, Party pg. 10 Pe0p1e!...,. Souter Quips.... ——————^__—__ Pg-10 . Tuesday, October 23,1990 • The Opinion 1 �Finley and Oliphant Square Off on FPPs . by Andrea Sammarco News Editor The validity of fetal protection policies in the workplace was the subject being discussed last Thursday,in a debate sponsored by the Federalist Society Professor Lucinda Finley and Lincoln Oliphant, the Legislative Council for the Republican Study Committee, were invited to expound on the topic, specifically as it is addressed in the pending Supreme Court case, U.A.W. v. Johnson Controls. The debate was prefaced by an introduction from Professor Wade Newhouse, and approximately 60 people turned out for the event. In the controversial case U.A.W. v. Johnson Controls, a battery manufacturer is called upon to defend its policy of barring all women in their childbearing years from certain jobs in its factories. Johnson Controls claims that in doing so it is attempting to protect the fetus of a pregnant womanfrom being exposed tothe high lead levels that go along with certain manufacturing positions, and that it has reasonable justification for doing so. However, the U.A.W. asserts that the policy is overly broad, and discriminates against women in violation ofthe fourteenth amendment, as well as Title VII of the Civil Rights Act of 1964. The case was decided in favor of Johnson Controls, on summary judgment in the lower court, and the record contained many materially disputed facts. Oral arguments before the Supreme Court took place on October 10. The first speakerwas Lincoln Oliphant, a John M. Olin Lecturer of Law, who began with an explanation of the history ofthe federal courts' decisions involving the legitimacy of job requirements. Oliphant explained that such requirements generally have been found to be valid under either a theory of "business necessity" or of "bonafide occupational qualification." He posited that although the "business necessity" defense would probably require too much legal ingenuity and be difficult to demonstrate, Johnson Controls could show that the policy represented a "bonafideoccupational qualification." "This level of lead presents a potentially dangerous physiological harm to children...and the interests of good health of that third party can't be weighed, even by its mother." He said that Johnson Controls had a "long standing concern for the health and welfare of workers and their families." Oliphant argued that although the blood lead concentrations associated with these jobs fall within acceptable OSHA limits for adults (50 micrograms per decilitre of blood), they exceed the recommended 30 microgram limit for children, thus providing Johnson Controls with the rationale to defend its policy. "If we don't provide some defense," he concluded, "then no fetal protection policy will ever stand, no matter how important the concern is." Professor Finley has filed an amicus curiae brief in the case and has authored numerous speeches and writings on the subject. She began her response by examining the broad social perspective of fetal protection policies, claiming that they have usually been adopted in male dominated joblines as barriers to entry for women. She argued that the many risks that exist in the workplace could conceivably be used to foreclose countless jobs to women. If only the currently disputed policy were upheld, it could mean the foreclosure of an estimated 20 - 25 million jobs. Finley claimed that the real motivation behind Johnson Controls fetal protection policy wasa "fear of tortliability" in the event of a child damaged bythe abnormally high lead levels. Even so, she argued, the facts demonstrate that eight healthy children were born to women involved in that line of production. As to Johnson Controls concern for its employees, she rebutted with the fact that they are currently under investigation by the EPA for toxic dumping in residential areas. They also failed to recognize the recent EPA study showing that the lead limits set by OSHA are too high, and that the exposure limit for all adults should be set at 10 micrograms. This is especially true for men, who are at a greaterrisk of heart disease from exposure. There was scattered applause during the debate when Finley referred to Johnson's position as an "excluding women policy". Oliphant's introductory statement andrebuttal were punctuated by Professor Finley's comments on the applicability of a statistic he quoted her as using, and the accuracy of an assumption Oliphant made on a woman's ability to determine whether or not she is pregnant. Prof. Lucinda Finley (left), and Lincoln Oliphant (far right) moderated by Prof. Wade Newhouse (center). BAR/BRI GIVES YOU B V V Unci! W A* M V m mMmJmM f0 , amount. To figure out your discount put down $ 50/ you save $100; If you put down $100, you save $200. The choice is yours, but whichever choice you make, act now. The Nation's Largest and Most Personalized Bar Review. . . 415 Seventh Avenue, Suit. 62, N«w York, Nrw York 10001 (812) 594-3696 (516) 542-1030 • (914) 684-0807 (201) 623-3343 FAX- (SIS) 643-9460 20 Park Pl«a, Suite 931, Boston, Mtss. Mll6 • (617) . 695-9955 • 2 Tuesday October 23,1990 * The Opinion (203) 784-3910 •FAX: (617) 695-93 !««>«»■**/•« -w««u«« . Remember: the laSt day D ' M Or 2 Or 1 registration IS W X X You can now register for BAR/8R1 5 New York, New Jersey, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, or Vermont Bar V Jβ W V W B M Aj W IF _ AP^^MK^M^. 1 Ml • * -=-U~\-U\_W IJ_J\J\_X%J *J•W �AIDS Danger to Dentists Questioned must learn to face this challenge. by Chet Gary Dentists stand in the front lines of The dental profession, in cooperation with state health departments, should close the gaps left by law in improving access to dental care and shift the cost of occupationally related AIDS infection from the dentist to the government. The private dental community must competently confront duty to treat issues before we find ourselves underthe restriction of governmental mandate. Camus, in The Plague, described the futility of hiding from an imminent danger: . ... during the Marseille plague theßishop, having done all that it behooved him, shut himself up in his palace, behind high walls, after laying in a stock of food and drink. With a sudden revulsion of feeling, such as often comes in times of extreme tribulation, the inhabitants of Marseille now turned against him, piled up corpses around his house in order to infect it and flung bodies over the walls to insure his death. Thus in a moment of weakness, the Bishop had proposed to isolate himself from the outside world—and, lo and behold, corpses rained down on his head! This had a lesson for us all; we must convince ourselves that there is no island of escape in time of plague. The Center for Disease Control paints a grimprognosis for the AIDS epidemic. The CDC, in 1988, estimated that up to 200,000 individuals have AIDS Related Complex (mild symptoms of AIDS) and HIV now may infect an estimated one and a half million persons. AIDS will present a challenge to dentistry for the indefinite future. Dental professionals diagnosis, referral, management, and counseling of the AIDS patient, as well as in prevention for high risk patients. Although HIV does not directlyresult in a disease process which affects the oral mucous membrane or perioral area, opportunistic infections, such as candidiasis (fungal infection) and herpes simplex (cold sores), and neoplastic processes, such as Kaposi's sarcoma (tumor), affecting the oral cavity may signal the initial signs of underlying HIV infection. In fact, thirty-three percent of patients evidence oral lesions as the primary or initial manifestation of infection. Also, children may first manifest HIV related disease symptoms in the oral cavity. The frequent complications of oral infections which lead to general discomfort and systemic opportunistic disease make access to dental care critical for individuals with AIDS. As the number of AIDS cases increases, ail dentists must prepare to provide for the stabilization and well-being of these patients. Occupationally acquired HIV infection among dental professionals has occurred rarely. In the last six years, the number of persons with AIDS has increased about 4000%, while the percentage of health care workers, including dentists, contracting the illness in relation to other workers has not increased. As of November 5,1989, the ADA Councilof Research reported only three dentists have tested positive for HIV, out of 4973 anonymously tested. One of these three belonged to a high risk group. This translates to a risk of about 0.04 percent for dentists to contract the disease from the practice of their profession. Several studies of workers exposed to HIV infected blood, SCC Forum Examines Censorship in the Arts by Darryl McPherson As the nation struggles with the question of whether certain forms of art should be censored, part of the battle is taking place right here on our doorstep. After a controversy erupted over the content of an upcoming performance of Survival Research Laboratories at Artpark inLewiston, New York, the show was cancelled. While the media jumped on the Bible burning aspect of the show, Artpark officials claimed the performance was cancelled due to a contract dispute. Feeling that Artpark was giving in to pressure, various people traveled to Lewiston on the scheduled day of the performance to protest the cancellation. Eighteen people were arrested for their trouble. That day, many members of the art community came out to attack the statement being made by Artpark. Through peacefu I artistic performances, they made their displeasure known. In response, the state police arrested some of the protesters, who would come to be known as the Artpark 18. Among those arrested were Tony Conrad, a University at Buffalo Media Professor, and Barbara Lattanzi, Video Curator for Halfwatls, a local post modem artgallery. Joined by Elizabeth Licata, a freelance writer, the three discussed the arrest in a forum sponsored by Students for Constitutional Concerns (SCC) on Wednesday, October 10 in O'Brian Room 106. Before a surprisingly sparse crowd, event organizer Tom Winward showed excerpts of the documentary "Disorderly Concept," which explained the purpose behind the original cancelled performance, and depicted the actual arrests of members of the Artpark 18. Foltowing that were statements from the panelists, giving their unique perspectives on the incident. The arrests were justified by the lack o< a permit to demonstrate. Since there was no great organized movement to disrupt the public peace, the panelists feft Artpark Director David Midland handled the situation poorly. The Artpark 18 was formed in the jailhouse after the arrests. And though an offer to settle the casewas made, the Artpark 18's counsel turned H down. Feeling the arrests were motivated by intentions to censor. The group wanted to bring attention to the real issue in this case. The SCC panelists felt that the news media focused onthe Bible burning aspect of the cancelled show without looking into the reasoning behind it. With the 2 Live Crew and Mapplethorpe controversies still lingering in people's minds, it was felt that Western New Yorkers should be made aware that the spectre of censorship looms close to home. There wasa brief question and answer session follov/lhg the presenta- tion. Most notable was a dialogue between panelists and second year student Norbert Higgins, who offered a conservative perspective to the topic. via traditional routes (pericutaneous, mucous membrane or sustained contact with non-intact skin) have yielded seroconversion rates of zero to less than one percent. In contrast, a similar exposure to hepatitis B carries a 6 to 30%risk ofinfection. Merck, Sharp, and Dohme Laboratories, the makers of Hep B vaccine, estimate that 15% of all general dentists and 21% of oral surgeons have a positive antibody serology, indicating exposure eitherclinically or subclinically to Hep B. In short, dentists have, for some time, knowingly "It appears dentists who refuse to treat AIDS do so for reasons other than a rational fear of infection." accepted a significantrisk ofcontracting hepatitis and other diseases from patients, but no evidence shows AIDS is one ofthem. Three aspects of the virus itself help explain this low risk of HIV infection. First, the required mode of transmission would seem to limit infectivity. Transmission would require intermingling of both patient and dentist's blood. This requirement significantly reduces the number of potential opportunities for infection. Rsearch has not identified HIV in parotid, submandibular, or sublingual salivary secretions, although infected blood from gingival exudate and nasopharengeal secretions may, at times, contaminate whole saliva. To date, however, there is no evidence of casual transmission from non-invasive dental procedures, and the apparent lack of transmission via saliva has led many investigators to speculate on the potential of HIV inactivation by salivary antibodies. Second, the lower risk of HIV infection may be dose related. Hepatitis B infected blood may contain more than 100,000,000 free viral particles per ml. In contract, HIV infected blood usually contains less than 1,000 viralparticles per ml., a concentration of 100,000 times less. Thus, one or two incidents of dentist-patient blood contact may not cause infection. Transmission may require repeated blood-blood exposure. Third, on contrast to Hepatitis B virus, the fragile HIV virus survives poorly under adverse and extreme environmental conditions. Changes in temperatureand pH willkill the virus and the CDC has shown that drying readily inactivates the virus. Like other retroviruses, routine chemical disinfectants (common household bleach, 70% alcohol, hydrogen peroxide) will also inactivate the virus in 1 to 10 minutes. Because of this fragility and susceptibility to infection control procedures, virtually no risk of environmental transfer exists. Nevertheless, some dentists, who refuse totreat AIDS patients, argue that few health care workers risk insured contact with blood and saliva, while providing treatment with sharp instruments readily capable of piercing the protective barriers, to the same extent as the dental staff. Dentist-patient blood intermingling could occur any time an infected patient's blood meets with a dentists's non-intact skin. In dentistry, the gingiva, oral mucosa, dental pulp, and perioralarea offercommon sources of blood during procedures. The elicitation of blood does not always require surgical or traumatic intervention. Patients with severe periodontal disease may exhibit spontaneous gingivalbleeding and Herpetic and other mucosal lesions may bleed from normal oral functions. Non-surgical restorative procedures routinely elicit gingival hemorrhage. A dentist's previously open sores or wounds and cuts or punctures during the procedure would then, theoretically, allow the required contact for transmission. Since exposure could occur even to the most careful operators, practicioners must heavily weigh the severity of the threatened harm. If a dentist contracts the HIV from a patient, he probably will become seropositivefor life. In addition, he standsa 70% chance of developing AIDS within seven years. Subtle impairment of the central nervous system may first occur. Once the clinical manifestations of AIDS develop, the average AIDS patient dies within thirteen to eighteen months of diagnosis, with a five year mortality approaching 100%. This, they argue, coupled with the uncertainty created by the unknown incubation period of the virus, creates an unreasonable risk. However, this argument merely restates, convincingly, that the danger is real. It ignores the magnitude of the risk. The successful experiences of thoracic and orthopedic surgeons in preventing HIV infections attest to the fact that risk of infection in the dental operatory, with relatively less exposure to body fluid than general surgery, remains very low. Some dentists refer HIV infected patients because they feel a moral indignation toward high risk groups. They say that this makes compassionate, quality treatment impossible and they contend that referral is in the patient's best interests. But, this argument fails to explain a prejudice against hemophiliacs, and those infected through perinatal transmission. And even if all HIV positive patients belonged to stigmatized groups, moral indignation does not qualify as a permissible distinction to base a refusal to treat. A diagnosis of HIV infection or AIDS is made with intent to provide a treatment benefit, and not made as a basis to justify inferior care. Rather, dentists must weigh the relative health benefits tothe patient ifthe needed care is not provided. Dentists should base their decision to treat en objective medical-dental criteria. In addition to the low infectivity of HIV, modern infection control procedures reduce exposure of the virus to dental personnel to the level of the normal contacts of everyday life and, hence, a risk too small to quantify. The same universal precautions effective in preventing the transmission of the more infective Hepatitis B virus will, likewise, help prevent HIV infection. Although even double gloves will not protect against.needle punctures and/or cuts from scalpels and other sharps, care CONTINUED ON PAGE 10 13?0;,»j^opinjon, 3 �MAILBOX CONTINUED erasriQN Volume 31, No. 6 fim October 23,1990 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco jonn B. Licata Michael D. Gurwitz jjm Monroe Ron Rusczyk EDITORIAL The rape and murder of Linda Yalem several weeks ago affected most of us in one way or another. Most women are more cautious about leaving the school unattended at certain hours, or traveling alone at night after a certain hour. Runners think twice about the route they will take, and Public Safety conducted, and will continue to conduct self-defense information sessions for anyone interested. Linda's sexual assault may have reminded some of us of close friends or family that have been similarly assaulted. For some women of the UB community, Linda's attack was a sharp, painful reminder of a personal experience. In this issue, The Opinion broke from its editorial policy of not printing unsigned letters to the editor. The letter is from a fellow female law student who was sexually attacked almost twenty years ago, and the impact of Linda Yalem's rape on her. The strength and importance of the letter is self explanatory. Since Linda Yalem's rape and murder, I have witnessed several commendable acts of courtesy and understanding on the part of male law students. Layout for the publication of this paper all too often runs deep into the night. On one particular night soon after Linda's assault, when a first year female law student was getting ready to leave, a male law student offered to accompany her car Many of us are enrolled in evening classes. Some to her car. end at 7:30 p.m., and some end at 9:00 p.m. On one such evening last week while heading towards the parking lot, a fellow male classmate offered to walk with me. The buddy system that we were taught in grade school is as useful now as when we were children. It is a useful method of ensuring that every women leaving the law school at a late hour after class is accompanied by another person. For those men who have already practiced the buddy system, your efforts have not gone unnoticed. For the rest of you, ask the woman sitting next to you in class if she is walking alone to the bus stop or parking lot, or in the company of others. Staff: Nathanial Charny, Lenny Cooper, Darryl McPherson Contributors: Brian Carso, John Foudy, Chet Gary, Angela Gott, Natalie A. Lesh, Pat Miceli, Hans Tirpak, Tom Winward ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein s strictlyprohibited without theexpress consent of the Editors. The Opinion is published every two weeks during the academic yuear. H is thestudent newspaperof the State University ofNew York at BuffaloSchoolof Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion s a non-profit organization, third-class postage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by theEditorial Board. The Opinion is fundedby the SBA fromStudent Law Fees. The Opinion welcomesletters to the editorbut reserves the right toedit for length and libelous content. Letters longerthan three typed double spaced pages will not beaccepted. Please do not putanything you wish printed underour office door. All submissionsshould be placedin law schoolmaiboxes 677or 808by thedeadlinedate. Deadlinesforthesemester are posted in themailroomand outside The Opinion office, 724 O Brian. THE OPINION MAILBOX To the Opinion: On Thursday October 11, the Lesbian/Gay Law Student Organization along with The Gay Graduate group had an information table outside the Law Library in honor of National Coming Out Day. Around 2 pm several unidentified individuals hurled glass vials of sulfur in the direction of the table. One hit a student in the back. If the people responsible for the gassing were trying to make some sort of statement, they failed. In fact they only succeeded in endangering theirfellow students. This futile, pointless act is not a valid means of expression but amounts to an abhorrent act of harrassment. We the undersigned will not tolerate such acts and urge the administration and campus security to fully investigate the incident. Terri A. Mayo, Christopher Thomas, Rebecca Eisen, Kathleen Welch, Jim Maisano, Lara M. Greco, Rodger Doyle, Suzanne Sullivan, Javier E. Vargas, Pamela Taylor, Hilda M. Ramos, Taunya Hannibal, David Duguay, Brenda Mattar, Tara Flynn, Margaret Phillips, George Snyder, Alison Edwards, Jeannette Brian, Judith A. Shanley, Sloane Smith, Cecile Mathis, Toni Delmonte, Leonard Cooper, Kimi Lynn King, Nathaniel Charny, LaMarr Jackson, Daniel J. Weitzner, Mona Igram, Janet Zwick, Andrea Sammarco, Maria Germani, Mark Schlechter, J seph R. Bergen 4 Tuesday-October 23;499u • The'Opinion An Open Letter to John Licata, and all the men who have expressed outrage at the recent violence against women: Afterreading your article on the recent rape/murder ofa U.B. student and its effect on women, I felt that I had to express my gratitude for your attempt to understand. You stated that while you realized the fear that this is causing in women in the Western New York area, it was a fear that men did not have to experience because you realized you were not the target. And I felt a need to share with you exactly the kind offear that I, and other women like myself, are feeling. Rape is certainly a paradoxical crime. Sex, which is the one expression of vulnerability that two people can share, is used to hurt, humiliate, dominate and violate the victim. In our country it is estimated that one out of every four women will be sexually abused. The figure for men is equally abhorrent; one out of approximately sevenmen will be sexually abused at sometime in their lives. And while each one ofthe victims has their own unique scars, the victims of violent sexual assault also live with the knowledge of what fear of death feels like. As a victim of a violent sexual assault, I have intensely felt an impact from therecent rape/murders which have occurred. My own rape occurred approximately nineteen years ago. I had learned to deal with the emotional impact of that event. Oh, there werea number of scars which existed. For instance, I have a difficult time allowing myself to show any emotional vulnerability, I always feel nervous when I am alone on an elevator with an unknown man. But I have mostly channeled that event positively, and have worked with victims of many kinds of abuse. It's easy to have empathy when you know where a victim is coming from. I have been very lucky, in that I have been able to gain emotional security through a loving husband, good friends and wonderful children. Many victims neverare able to allow themselves to do so. I have made a place for myself in the community, and I am seen as a competent, caring individual. And I'm exceedingly proud that I will soon be an attorney. Yet after the most recent sexual assault and murder, I found myself irritable and intolerant. I found it hard to concentrate on things that were normally important to me. I did things that I consider unreliable. And I just could not motivate myself to do the things that I needed and wanted to do. Initially, I chalked it up to stress. After all, law school entails a lot of work, and many other things were going on in my life which might just have been overwhelming me for the moment. Finallythough, I realized that what was really bothering me wasa recurrence of all the fears that came from my own violent sexual assault. Let me tell you why I came to that conclusion. It happened when I noticed myself pacing back and forth in my bathroom while brushing my teeth. I was pacing because I was going over in my head what the best way would be to react if assaulted by the rapist. I realized that I had analyzed what I believed was his mindset, based on what I had read of the attacks, police reports and psychological profiles. And I had a plan all ready. Though I don't run, bike, walk or jog in the area where the assaults have occurred, I needed some security to grasp. I was realizing once again how vulnerable I am. But the emotional pain is greaterthan justthat one incident. I find myself thinking about the possibility of sexual assault while I am driving, while I am dressing, while in class. I wake up to what I should be doing and realize what I have been thinking of instead. And I relive the pain ofthe sexual assault from two decades ago. I recall the calm, "rational" numbness that I felt when I thought that I was going to die. I remember the way it felt to have a knife at my throat and to think that he was going to leave my body abandoned in the mountains. And I rememberthe most horrifying fear: when I realized that he was driving me back to where I had come from, and I actually hoped that I would live. The hope that I would actually live, made the realization that he still might kill me all that much more unbearable. But I did live, and I did heal. And I am now getting help to deal with this recurrence of fear, anger, pain and helpless vulnerability. I know that this post traumatic stress will be temporary. And I am thankful that men express outrage, and offer empathy, and attempt understanding. Because I feel a little more secure knowing that I can trust some men, and that there are men who do respect my right to be safe, secure and inviolate. So thank you John, it really does help. [Anonymously Submitted.] To The Editor: Rumor has it that an article of mine appeared in the September 25 issue of the Opinion newspaper ("What CDO Never Tells You Part 2," at 7). Upon reading it, I did conclude that there is an outside possibility that this article is the putrefied remains of what once was a parody story that I wrote. If this is true (and I believe it is), it represents the most irresponsible exercise in butchery that I have ever been victimized by in the name of"editorial license." I submitted a briefarticle (shorterthan the Gurwitz article on the same page), and an Opinion editor cut half of it out, while changing some of the wording. Michael Gurwitz has claimed the credits. According to Gurwitz, there wasn't enough room to print the entire article. In response I replied that common sense and journalistic decency should have informed him that the article should not have been run at all if that much had to be cutout ofa parody story. Gurwitz replied that they couldn't afford to lose the space by taking the entire story — out. Thus my journalistic integrity was compromised so that Gurwitz and the Opinion could save face, while preserving and imperializing Gurwitz's political rantings as usual. I think I have a right notto have my articles bastardized and butchered as an expendable sacrifice for Gurwitz's political agenda. Gurwitz's article, which appeared on the same page above mine ("Homophobes beware Your days are Numbered"), got plenty of space, including a frivolous large-type inset. It is now painfully apparent why the 'good-ole-boy s-club' brand of politics was so important to Gurwitz during the newspaper's elections last year. Power, politics and self-serving control over what gets printed and who to pass the torch to for next year—these were the issues Gurwitz thought were important 'press' concerns. Pravda exits the Moscow scene and turns up at the UB Law School isn't that special? A propaganda machine of our very own. Gurwitz couldn't even spell my name correctly - the inevitable result of putting politics and self-advancement ahead of journalistic integrity. It was precisely this result that Andrew Culbertson, last year's Managing Editor, ominously and regretfully predicted in his farewell article last spring, i.e., that special interest politics would push journalistic integrity out ofthe driver's seat in the - ... coming year. CONTINUED ON PAGE 5 �Affirmative Action Attacked as Racist by Hans Tirpak Young white males are presently being subjected to an opportunity tax designed to pay for the remedying ofthe effects of past and present racial discrimination against minorities as well as past and present socio-economic disparities between races. The name of this tax is affirmative action. Affirmative action 'lax" programs require that white males pay a tax, in theform oflosing opportunities, to minorities. I believe that all poor people, not just poor minorities have been victimized by society, and that wealthy people of all races have for the most part been less victimized than poor people of all races. I also believe thatany awarding of social goods that is not done in a racially neutral manner is by definition racial discrimination and in violation of the 14th Amendment to the United States Constitution. In combining these ideas I conclude that the government should try to make opportunities available to all pooron a strictly race neutral basis so as to accomodate all those who have been victimized by societyand to make use of potentially invaluable human resources. But, the present political climate appears to be such that this type of program will not be adopted as a replace- merit for affirmative action. Since the government will not likely eliminate the race based affirmative action tax on white males, I think that the government should abandon the affirmative action opportunity tax and adopt an affirmative action white male income tax of a few percent of each white male's gross income. The proceeds from this tax could be used to helpfinance public schools that are made up predominantly of minority students and otherminority education programs. Adopting this tax package could have several beneficial results. Firstly, the cost ofremedying the effects of past and present racial discrimination as well as past and present socio-economic disparities between races would be borne by all white males, including the older wealthy whites who are the primary beneficiaries of past and present racial discrimination against minorities. Secondly, poor minorities and the poor white who attend predominantly minority public schools would receive education comparable to the education received by wealthier students, and would probably be able to compete with wealthier students in the job market, thus eventually eliminating the socio-economic disparitiesbetween the races and the need for the tax altogether. Thirdly, wealthy whites would be more willing to send their children to predominantly minority schools, thus ending the de facto segregation that has occurred in many school districtsacross the nation. Fourthly, since advancements would be "...any awarding of social goods that is not done in a racially neutral manner is by definition racial discrimination and in violation of the 14th Amendment..." awarded, hopefully, on merit, minorities in high positions would no longer be assumed to be less qualified than their peers orto have received theirpositions because of the color oftheir skin. Several problems would also result from adopting this tax package. Firstly, poor white victims of society who live in predominantly white areas would be comletely left out. However, present affirmative action policies leave them out anyway, so their plight would not be affected. And secondly, there would be no way of assessing when the tax should no longer be collected, except for the greatlyflawed notion ofrace percentage quotas. But, present affirmative action policies face this same problem also. Overall this affirmative action white male income tax appears to be a big step up from present affirmative action policies in terms of fairness and end result. But, I think that if this tax package were proposed to Congress, C-SPAN would get some very interesting film footage, and the proposal would be flatly rejected. Why? Because with this tax package the rich white liberals who are so fond of providing opportunities for minorities at the expense of poor whites would be faced with footing part of the affirmative action bill with their own money and that of their economic supporters. Instead of doing this, I think the rich white liberals would cease using the ends justifies the means argument in support of affirmative action, and start calling affirmative action what itreally is, constitutionally impermissible racial discrimination against whites. Editor, MAILBOX CONTINUED FROM PAGE 4 lam very concerned about an incident that happened on Monday 10/8/90 Since my name appears as the author, I damn well expect the final result to reflect On the notice in Room 106 for that afternoon's meeting of the Association of Women fidelity to the original; I expect my name to be spelled correctly; I expect political, selfLaw Students, someone had written "free dildoes for all supplied." I cannot believe serving interests to be subordinated to journal professionalism; I expect something that in this day and age this is the kind of reaction that a group of women meeting as more than cretinous judgment in editing decisions;I expect my articles to be unmowomen engenders. I hope that this incident is not a precursor to lested bythose who happen todisagree; I expect the rules to be applied to everyone, the type of sexual that occurred at this law school several years ago. harassment even-handedly. Twice I have submitted extremely short rejoinders of three or four paragraphs, in Nikki Rademan response to letters published in the Opinion which I felt falsely represented facts 2nd year contained in my previous articles. None ofthese rejoinders was ever printed... the explanation being that newspaper policy did not permit the staff to rebound a response. Yet no less than three times in the last year Gurwitz has allocated to To The Editor: I found the article [by Angela Gottabout herlearning disability] quiteinteresting and himself generous space for his immediate response to letters critical of arguments However, it appears to be very disjointed—it ends in a manner which informative. he has issued in the press including the "Opinion Mailbox" in the last issue (Oct. something is missing. suggests that 9,1990 at 4). Gurwitz always seems to manage to reach deep down inside for one that it can be satisfactorily resolved. hope I more surreptitious power play that will give him the last word. I'm sick ofthe politics at this newspaper; the pettiness; the ego back-rubbing; the Joseph S. Hughes truancy from journalistic integrity. I was writing newspaper stories when Gurwitz was First year student still dumping in his diapers. Judging from some of the articles I've read, he's still To The Editor: or sanitizing dumping in his diapers. I will not tolerate political hacks toning down, Accidents will happen! So that Opinion readers may understand my previously otherwise molesting my work. I expect the same rule to apply to everyone, across published article, here are the sentences in their completed form: the board, in an even-handed manner. Absent these modest assurances, consider this my resignation. I refuse to be associated with a bigoted, biased political "I thought he needed immediate protections because he was failing his exams and organization which masquerades in the name of journalism. I am entitled to an was denied proper accommodations." — apology. Gary Ketcham To The Editor: At the end of August, the Law School had their Orientation. We asked F.S.A. Norton to cater orange juice and coffee for us. Mr. Jim Monroe informed them that Orientation began at 8:30 and thought that the beverages should be set up in the Law School lobby by 8:15. On the morning of Orientation, the beverages had not arrived by at 8:30. By 10 toninea.m., Mr. Monroe had called F.S.A. Norton to find out what wasthe delay. The response to Mr. Monroe's inquiry was something to the effect of"It's busy over here" and "It will get there when it gets there." This type ofbehavior is very rude and unprofessional. Not only does the Student Bar Association expect an apology, it also expects that part of the bill be credited to us, due to the late arrival of the beverages. It is appalling to find that an organization that provides a service, while under monopoly protection, can abuse its customers and not expect them to raise a fuss. I intend to publish this letter and encourage any group that was similarly treated to speak out. Sincerely, Taunya Hannibal S.B.A. President Editor's Note: Ms. Hannibal originally addressed this letter to Mr. Hosie, F.S.A. Director. "It was this inability to find a means to survive and to learn, despite my learning problems, that was having a negatigve effect on my ability to learn law properly...l felt that if Section 504 included provisions to protect a person like me, why shouldn't I try to get help and protections?" "Despite eleven and one half years being in a legal quagmire, I have managed to travel to fourty seven of our fifty states and to thirty eight countries." "You would have to have been there in 1976and been made to go through all the bad treatmentto be able to appreciate fully how the attitudes of the students and faculty have changed." Angela Gott To The Opinion, Conduct such as this glass-throwing incident, the attack on the students at the Gay and Lesbian Coming Out Day table, is thoroughly despicable. It is one thing to engage in a serious, even sharp, exchange of ideas with those with whom one disagrees. That isthe essence of free speech and it is protected. It is quite another to do what was done here—to engage in a physical attack intended to threaten, harass and demean others simply because of disapproval ofthem or their ideas. It is conduct ofthis type and worse—assaultive conduct by those who would hide their identities while displaying theirbias—which led to adoption ofourFaculty Statement on Tolerance. As indicated in that statement, expression is fuly protected and will generate only responsive speech, but assaultive, harassing or threatening actions, if the perpetrators are discovered, will incurformal sanctions. We are fortunate that in this instance, at least, no one was physically injured. David B. Filvaroff Dean and Professor Tuesday, October 23,1990-TheOpino 5•.The Opinion 5 �Scholarship Established The Italian Loafer: Adventures of a Legal Gumshoe by John B. ( The family of Linda S. Yalem, the University student found slain several week ago, has established a memorial fund in her honor. The fund has been designated to support a University scholarship program. Contributions to the fund may be forwarded to: Licata 'features 'Editor It was raining that day when Ireceived a notice from the ever vigilant people at the AFSA loan servicing center. They were reminding me that I owed them more money than I could ever hope to raise by selling my plasma downtown. Apparently they were serious about my loan repayment plan. Well, so was I. Unfortunately business wasas dead as the fox in Pierson v. Post. Nobody wanted to know anything. One student tried to get me to help with her RAW memo but I'd had enough of the blue book for a while. Even though I was behind on rent and spending my nights in my office, I was smart enough to know that the wanted me to own up to the obligations had signed when I mortgaged my future for a chance at becoming a mouthpiece for some poor reprobate. I had to find some way to get a line on some crazy paper, serious g's, cash, or tax deferred annuities with a present value of approximately $13,987.32. I was in trouble. It quickly became apparent that all my material possessions would not cover the first month of payments and that I needed to sell something more substantial, something unique, something not stolen. Selling stolen goods gets you thrown in jail with men who sing country and western songs until three in the morning. Besides, I have a personal interest in keeping my physical liberty despite the precepts of J.P. Sarte. Selling drugs lost out since I needed to do the work in a relatively independent manner and too many percentages get cut out ofthe profits. It's an ethical thing too. I didn't like the paradox of dealing in something regarded as nirvana and a pariah that wasn't being shown in an art gallery. The onlything left was my soul. There was a pawn shop on the corner of X and B (done on the advice of F. Dostoyevsky) so I sauntered overthere to find the going rate for eternal spirits. I thought I'd get a good price since my clients were always telling me that I had the soul of saint.. I told the lean, black robed individual behind the counter what my clients had told me. "Who the hell wants the soul of saint? get I people in here all day and nobody, but nobody has ever asked to buy the soul of a saint. Last time somebody bought a soul from me was in 1968 for some national campaign. And he wanted to lease the damnthing," he gaveme the upward movement of his arms in the all too familiar gesture of acquiescence. I gave him a gesture of my own and walked out into the rain Shop after shop it wasthe same story. The market on souls had peaked during the 1980s with everybody unloading saintsand picking upa discounted model withloose moral fiber. SomegotaßMW key chain thrown in if they knew how to negotiate. I wasa dinosaurheading into the winter of discontent. I found my way to the campus CDO to check on a firm that would give me something near the going rate. I was getting desperate and a flyer in my mailbox about Union-Busting Firms caught my eye, but I thought better of it. I had come up against some of the union , boys and they knocked some respect into my head some teeth out of it and spilled a couple pints of my blood. Those garment workers are tough. Things were getting crazy in my head so I applied toa firm with more diverse names than the United Nations roll call. A few days later I got the call. See you Monday. My neck was stiff from the overstarched collarand I feltlike the wooden indian in a cigar store as I waited for my turn from the bullpen. The firm was interviewing a billion candidates for the step-n-fetch position at the firm with a policy of not notifying you until you had already missed a week ofwork. It made employment review more of a surprise oriented occasion. Eventually a dazed student walked out of the interviewing room and a smokey voice beckoned me into the parlor. Jelly jumped into my knees as I closed the door behind me inside sat a woman so attractive she bent light. I decided to downplay my sainthood. "Hello, Mr. L (Dostoyevsky again) how are you?" she said warmly with a smile that said "Leave." A friendof mine took Negotiation Techniques and told me that it is sometimes better to remain silent when you're not sure of your tactics. I had nothing but sometimes that can be a pretty cool hand. I said hello. Q "Whyare you interested inX 0 ?" and A LL Q She was writing on a piece ofpaper and she talked without looking up. I'm selling my soul to the highest bidder. You want in? That stopped her. Her eyes came up (she signed the sheet and put it in an envelope, but her eyes still came up) and she smiled a knowing smile. "So, a wise ass." My soul for menial labor aimed at destroying the principles I had fought for in college and at the polls for $70,000 a year. No questions asked. It took me a few minutes of fancy dancing to convince herthat I was serious. By the time we got to the Lambada she was talking terms. I walked out with a solid offer for my soul though I still had the use of it until I graduated. But my screaming conscience and a turning stomach meant one thing- gumshoe intuition didn't like what was happening. My brain was telling me that law school was going to be akick and that I'd be giving instead of getting. The rest of me felt like I had beenrooming witha barrel oftoxic waste. I asked the fates to take a hand in the matter and give me some oracle argu- - ments. Outsidethe library a few BPILP people were plastering flyers to the walls of the school in their ever optimistic attempt to mobilize the student body on some important issue. are you coming to the "Hey L LRAP meeting?" The Loan Repayment Assistance Program. I smiled at my own karma, I could keep my soul after all. Just show up and help. Tuesday October 23, 199'ti • The Opinion 6 , University at Buffalo Foundation, Inc. Linda S. Yalem Memorial Scholarship Fund P.O. Box 590 Buffalo, NY 14231 Checks should be made payable to the U.B. Foundation. The name of the memorial scholarship fund should be noted on the memo section of check. Please include youraddress sothat proper acknowledgement may be made. Thank you for your support. A Call for Responsible Art by Brian Carso A few weeks ago film-maker and TV director David Lynch dished up some of his standard fare. This season's first episode of Twin Peaks closed with an eerie sequence showing the violentrape and murder of a female character. No sooner had the episode ended when a Buffalo news update reported that a 22 year old UB student was sexually assaulted and killed over the weekend while jogging. Art mirroring life? And the 2 Live Crew performed in Niagara Falls: "I'll break ya down and d— k ya long/Bust your p—y and break your backbone." On the same day a woman was raped at Daemen College. Art mirroring life? No. Something else, more ominous and complicated. No one seriously doubts that our popular culture can effect the behavior of people; at least some people, some time. Fairy tales change the lives of children, in ways Bruno Bettelheim explained in detail. The career of Bill Cosby may have surpassed busing laws in bringing blacks and whites together. Today, Americans are looking to popular culture more than ever as part of a desperate attempt to discover human values in an age that is arguably more difficult than any other. It is more difficult because the rapid velocity of change in our world forces our beliefs to be tentative at best. More difficult because the diversity of opinion that confronts us through our popular culture and mass media creates a chaos in which taking a stand makes one feel more vulnerable than courageous. An admirable and important goal of education is to fosteran open mind, but let me insist on this: an open mind can be dangerous if it is notat the sametime a vigorously critical mind. A critical mind distills the important from the trivial; it demands that we look for human value, and makes us conscious of lies. The First Amendment presupposes a critical citizenry. Somehow, this challenge must not elude us. The traditional sources from which people have gotten their system of values have come up against obstacles. The values of our parents, of religion, and of traditional authority figures don't always fill contemporary needs. Too often in their place is a pervasive voice, found in our magazines, on our TVs, radios, and movie screens. The messages contained within our popular culture are slick and easily comprehended. Ourreliance on popular culture has given the popular "artist" a position of power. I suggest that with this power we need to demand an increased responsibility. Because our musicians, writers, filmmakers, comedians, etc., have attained a degree of influence—or, at the very least, a pervasive presence—that outreaches any prior historical role, we should be holding them to a significantly higher standard than that by which they operate today. Unfortunately, ourpopular culture has been allowed to propagate without having to live up to any serious moral standards. I use the term "moral" to mean that which affirms life. A significant amount of popular culture does the opposite: in the hands of the mediocre artist, our popular culture too often debases and dehumanizes in order to provide what is essentially a cheap thrill. And too often, that which is debasing is allowed to pass—or is even praised with words like "controversial"and "provocative"—because it is hidden within the unqualified idea of "art," an idea most often regarded witha hands-off philosophy rooted in a misguided notion of relativism, and rationalized as a virtuous show of tolerance. There is a notion of carte blanc subjectivityexpressed among students that if some object has any aesthetic value for some one individual, then nobody else should seek to impose a standard whereby that object's value is judged. The ability of our collective intelligence to make distinctions between the moral and immoral (read "humanizing" and "dehumanizing") iscontinually doubted, for fear of sliding down some slippery slope until we find objection in even the most innocuous material. In fact, legislative and judicialhistory ismostly made up of reasonable acts and decisions; to suggest that we're no longer capable of setting limitations is disingenuous at best. Yet the cry isheard that trends change, that some profanityfrom our ancestor's time is palatable today. But confront what is before us: do we ever want the explicit depiction ofrape and murder for the purpose of entertainment to be passively accepted? Do we want to provide an audience for musicians who celebrate the violent degradation of women, while at the same time we mou in those who have suffered beyond our comprehension the horrors of violent sexual assault? Considerthe opinion of a great American bard, Walt Whitman: "Theliterature, songs, aesthetics, etc., of a country are of importance principally because they furnish the materials and suggestions of personality for the women and men of that country, and enforce them in a thousand effective ways." What literature, what songs, have suggested the behavior of the depraved among us whohave caused such grief? We need to think more clearly than we have. �Changes in Code of Professional Responsibility On Friday November 16th, the MPRE will be administered in New York state. The MPRE is the ethics portion of the bar examination which all bar candidates must pass to practice law in New York. If you missed the October 19th registration deadline for the November exam date, don't panic-there are late registration deadlines you can make. The MPRE is also administered in the Spring. Admissions and Records has a brochure/registration packet which contains the exam dates, locations, deadlines, and fees. On September 1, 1990 new rules by Maria L. Germani Editor-in-Chief governing the ethical and business behavior of practicing attorneys took effect. The revisions affect such areas as lawyer-client confidences, contingency fee arrangements, and the use of th media to try cases in public. The changes, designed to update the Code of Professional Responsibility, are the first in more than a decade. Among the more significant changes as reported in a publication of the New York State Bar Association are: -Lawyer misconduct: A lawyer to report to disciplinary authorities nonconfidential information that raises "a substantial question" as to another lawyer's trustworthiness. -Disclosure of client confidences: Authorizes that a lawyer reveal client confidences whenthey discoverthat an opinion or representation they made contains "materially inaccurate information" or is being used to further a crime orfraud. -Withdrawing from a case: Allows a lawyer to withdraw from representation when it is discovered that a client has used the lawyer's services to perpetrate a crime orfraud, even if such withdrawal is prejudicial to the client. -Contingency fees: Prohibits contingency fees in domestic relations matters and, for the first time, requires that all contingency fee arrangements be made in writing. -Trial publicity: Clarifies the standards that apply to trial publicity by setting forth general criteria that statements may not be made to the media when a lawyer knows there is a substantial likelihood they will materially prejudice a judicial proceeding. BELS UPDATE by Lucy Kruggel TheBuffalo Environmental Law Society has held two meetings so farthis year. Indicative of U B Law students' increasing dedication to environmental issues, we enjoyed a larger turnout that expected. We have several projects underway, covering different aspects of environmental law. Several students are assisting in the research and writing of an appellate brief for the Atlantic States Legal Foundation, in its citizens' suit against Kodak for Clean Water Act violations. Another group of students are working with the Niagara River Action Committee and the DEC. They are helping to assess impairments to the river, with improved water quality through Remedial Action Plans as the eventual goal. Students with an interest in the Buffalo River are working with a local organization, the "Friends of the Buffalo River." They are helping designthe curriculum for an environmental education center on the waterfront, and looking at the assessment and land use problems along riverfront property. Upcoming projects may include a public outreach canvas in conjunction with Greenpeace concerning a planned local incinerator project. If you are interested in learning more about these projects, come to the next meeting—they are held on the first Wednesday ofeach month in the fourth floor lounge at 5 p.m. Carl Sagan Expounds on the Universe by John Foudy On Sunday October 14, Dr. Carl Sagan spoke on "the state of the world," the focus of the 1990-91 Distinguished Speakers series. Dr. Sagan is a world famous scientist, astronomer, Pulitzer prize-winning author and author of the television series "Cosmos." The focus of his lecture was on the serious environmental problems facing the Earth, and what can be done to alleviate them. The principal problems addressed were global warming and ozone depletion. Dr. Sagan began by explaining how space exploration is beneficial to mankind. Man has learned a great deal about ourown planet's environment, by studying other planets in our solar system. For example, space probes have "The principal problems addressed were global warming and ozone depletion." shown that Mars has no ozone layer, there is nothing to block out ultraviolet radiation. As a result organic molecules, the building blocks of life, cannot exist exposed on Mars' surface. The lack ofozone precludes the existence of lifeforms. Dr. Sagan pointed that this is a "reminder to us," as we continue to destroy the thin ozone layer that surrounds the earth. Our ozone depletion is caused chiefly by the emission of CFCs into the atmosphere. While some LEGAL MANIA Micali Pat progress has been made tocut down on these gases, it is not quickly enough for our environment.. Studies of the atmosphere of Venus ialso add insight into our own atmosphere. Theatmoshereof Venus is much thickerthan ours and is comprised almost solely of green house gases such as CO2 and methane. Green house gases are so called because they let in solar radiation, but do not let infra-red radiation out. The temperature on the surface of Venus can melt tin or lead. Global warming of our earth is a serious and pressing problem, because little is being done about it. The burning of fossil fuels emits CO2. Dr. Sagan showed that in the past the concentration of CO2 in the atmosphere had a strong correlation with global temperatures. We have been pouring more and more CO2 into the atmosphere and the current worldwide temperature is nearly at a 150,000 year high. A further increase will likely cause flooding of low areas, and climatic changes such as the drying out of American croplands. As a starting point, Dr. Sagan stated, we need greater fuel efficiency, especially in cars. Cars and coal-fired power plants are the principal producers of CO2. Nuclear fission doesn't produce green house gases, but has its own, in Dr. Sagan's view, intractable problems. Those problems include the risk of catastrophe, waste disposal, and weapons production. He regards the solution as being solar energy, either direct production of electricity, or the production of hydrogen gas, which when burned yields water. He envisions huge arrays of solar panelslocated in deserts. He stated that the technology is there, but the national will has not been. He noted that one of the first things President Reagan did upon taking office 9 years ago was to remove a solar-thermal water heater that President Carter had installed. It was noted that reducing or even eliminating CO2 production is not the whole answer, there is a need to reduce CO2 already in the atmosphere. The most efficient and probably only practicable means of doing that is to plant trees. However, we would need a forest the size ofthe United States. Currently the amount of the world covered by forests is being reduced at the rate of an acre a second. A crowd ofapproximately three thousand turnout for the lecture; this was the second largest turnout for a lecture in theseries' history. Two otherlectures are planned for this years speaker's series, Congresswoman Patricia Schroeder will speak in November, and ex-National Security Advisor Zbigniew Brzezinski in April. CARL SAGAN The Faculty Statement: Let's Make It Count by Tom Winward In the last issue of the Opinion, we learned the results of the opinion poll concerning the faculty statement. As I expected the statement met with a general sense of disapproval. Certainly there have been other indications of discontent among the students in past years, the law suit and many letters and debates are just a few. The survey even indicated that there are faculty members who are not happy with the statement but through mixture of pride and legal entanglements are not willing to abandon or revise the statement. One of the more unsettling developments ofthe survey results (aside from the general appearance of student apathy) is the reaction by some ofthose who support the statement. In a reac tion which I view as "sour grapes," supporters of the statement claim that the methodology of the survey waspoor (no controls etc.) and therefore the results are flawed. I agree, the results are probably suspect and the results, as a survey, probably carry little weight. So here is the solution, submit the same question to the student body in a vote. Likewise, I would like to see the issue appear on the agenda of a faculty meeting also, if possible, put to a vote. The time has come for everyone to take a stand on the faculty statement, students and faculty alike, in the open. It seems that most of the problems with the statement boil down to uncertainty. I think that the law suit, letters, the survey and hopefully a referendum, will make all views known and bring the law school community one step closer to solving the problems created by the statement as well as those problems the statement was designed to address. Tuesday, Octobers, 1990 • TJie Opinion 7 �■m I m ■ H JW REGISTRATION MUST ■ 11/1/90 ■ The Pieper Course Includes: H & Essay writing H & Mnltistate Practice ■ ■ ■ I ■ H I UIvDVk flw</&affl ■ ■Jill UA & MuttistateProfessional Responsibility Exam CPVNBI Ull fillAttll 111 " w Multistate Volume vPIIiIrT'I" I UlibUUNl Uvy student's discount pfsl2s will be deducted from Hie tost of $1,|75 fojstill in law school who registers for the hepcr New York Multistate Par Hevlew Course by November J, |990. ■ m NeW York Law Volume ft Professional Responsibility uw J< f(US M(€p6f S — JOfltl flilirintiCP H ■ ■ I H H ■ I f-| PfrjQQ US"VSI4M UmUUHVV for more information see your Pieper Representatives or contact: PEEPER NEW YORKMULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK Telephone: fslo> 747-4311 11501 The Bar Course That Cares, ■■ �Balancing Personal and Professional Life by Elizabeth Kent Two practicing attorneys addressed the Association for Women Law Students on Monday, October 15, in the First Floor Lounge. Carrie Smith and Deborah O'Shea, both of Smith, Kellehaze (?) in Buffalo spoke about balancing personal and professional aspects of life as an attorney. Smith graduated from UB in'89 and has been practicing for eight months. O'Shea has been practicing for eight(?) years. The presentations of the two women were dissimilar in that Smith is single and has no children while O'Shea is married to an attorney and has stepchildren. Both attorneys agreed that it is necessary for male and female attorneys to be flexible and try to maintain a sense of humor while trying to balance the demands of professional life with the demands of homeand family life. O'Shea suggested that a mate be "someone who is very flexible and will take on some" of the responsibilities of house- hold and children. Smith said "hopefully, crises will not coincide" at home and work. O'Shea emphasized that it ispossible to do a decent, competent job in all aspects of life, but that it is not possible to "be perfect or give 100% without having a nervous breakdown." An easy answer was not given by either attorney on where or how to compromise or choose between the demands of professional and personal life. Each ofthe attorneys emphasized thatwhat worked for them might not suit the needs ofthe people attending the presentation. Prioritizing, making budgets and a calen- Gay Conference Attended U.B. Law School Gay Law Student Organization representativesTerri Mayo and Brenda Mattar attended the National Gay and Lesbian Law Association (NGLA) in Atlanta on October 5 8. NGLA is the most influential bar association representing gay and lesbian issues. The keynote speech was delivered by Judge-elect Donna Hitchens of San Francisco Superior Court, she is the first "openly lesbian" candidate elected to the consistently conservative position without first having been appointedto fill avacancy. Ms. Nan Hunter, the former Director of Gay and Lesbian Rights for the American Civil Liberties Union (ACLU), was the honoree of the - by John Licata Features Editor conference. Ms. Hunterisnowteaching at a law school inthe northeastern United States. The NGLA conference, "Lavender Laws II" is held every two years which makes the schedule of discussions and variety of informal meetings indispensable to addressing the concerns ofthe members of NGLA. At this year's conference Terri Mayo was elected to the organization's Board of Directors and she expressedd confidence that UB Law is now "plugged into a network... that will enforce the ABA's (American Bar Association's) policy of non-discrimination based on sexual orientation." Part of the overall goal of the conference was to demonstrate that gay and lesbian issues are not isolated civil rights concerns but ideas that cut across traditional lines of political interest. One of the many issues addressed was the recognition of diversity within the homo- sexual community and utilizing the diversity as a means for coalition building. Of particular importance is the changing family dynamics. Ms. Mayo described the basic realization that "the American family is no longer a mother, a fatherand 2.2 children. There are single mothers, "the American family is no longer a mother, a father and 2.2 children." Co-habitants raising children, extended families andthe issue of gay and lesbian parenting." Ms. Mayo said that the families that don't conform are discriminated by employers, landlords and the law. Judge Hitchens discussed the element of coalition building among political activists by using her own political victory that embraced all groups concerned with civil rights issues as an example. Her campaign depended upon areaching across "barriers" ofethnicity, religion and sexual orientation, to secure a victory in a district populated by several minority groups not known for approval of homosexuals. The central strategy of coalition building is to limit divisiveness within the coalition by aiming the entire political energies of the various groups at the paramount issue common to all groups involved. NGLAis utilizing Civil Rights as the common basis for its political coalition and has had some success in San Francisco. darcombining schedules for work and home was suggested. The male role is changing" within both thefamily and the office, according to O'Shea. Attorneys may have been raised in one career families, but economic constraints now often dictate the need to have two career families. In that case, O'Shea claimed that the "woman has to tell the man that he has to help."because it usually "falls more on the woman to deep the house running as well as the career running." "Kids are seeing moderation occuring as a result of two career families. It is no longer as much of a stigma to have kids," O'Shea said. Older partners in firms are becoming more aware of the dual demands of home and officeplaced upon women. The partners may be sensitive to child care responsibilities and constraints because their daugh- ters may have careers and children." O'Shea did not say how prevalent the older partner sensitivity might be. The need for adequate child care arrangements were discussed and the child care facility opened be a Buffalo attorney was mentioned as being populated by children of many local attorneys. O'Shea reminded her audience that a firm "is a business and that there is productivity expected" of each employee. She said that it is possible to work and be a parent. The success of working and parenting depends largely, O'Shea claimed, on "keeping the lines of communication open" between attorney and firm, and between mates. Success is dependent, O'Shea and Smith agreed, upon the firm itself, the nature of the practice, and how the attorney handles the demands of work and home life. Contracts - A Tall and Incredibly Long Story by Srikant Ramaswami I had a scary dreafrifaist night. Ycti see, Urwle Gorbin, grandpa Williston and Mr. Llewelyn came over to my house to party. We had a great time initially, and talked about many subjects and experiences. But as the hours grew late and the alcohol began to take effect, we began to discuss the importance of contract theory in our lives. Mr. Llewelyn, being in high spirits, started to complain that I was running out of beer. "Srikant," he said. "You might have to compensate me with some expensive vodka, so that I can be put in the position of inebriety that I wouldhave been in, had the beer been here." I was rather intimidated by this statement realizing that if I didn't deliver value on the promise I had made, the repercussions would be serious. So I ran to the corner store to get some more beer. At the corner store \ wasfaced with a dilemma. They had no beerand nothing seemed fungible. So rather than disappoint Mr. Llewelyn, I went to another store. As I brought the beer to the counter, the ownerwas fighting with his employee for having agreed to work for four months, and quitting after three. Now, the ex-employee wanted his three months*pay and the employer refused, citing breach of contract. Having been exposed to a similar situation. I advised the employee to Sue ori quantum meruit, and then, making my payment, I returned home. As I walked through the door, Mr. Llewelyn expressed a sigh of relief that I had arrived. "We needed the extra beer!" he exclaimed. "Dr. Fuller and Mr. Purdue decided to drop in. They're in the next room, discussing restitution and reliance with grandpa Williston. I think you better go salvage the situation. For some reason, they're in an intense debate about some guy called Vickery." Realizing the strict disciplinarian that grandpa Williston was (he always stuck to his contracts) I entered the next room and tried to mitigate the debate. After things cooled off, we all went into the living room. Uncle Corbin was there, viewing some rare vases on thetable. He kept restating the beauty of these vases and suddenly, one ofthese fell from his hands and broke. "That's my precious vase," I exclaimed. "No amount of damages will bring it back. It's unique." I thought for a second about suing under specific performance but abandoned the idea in good faith As it approached dawn, everyone was tired and exhausted. What a party it had been! Suddenly, I heard a knock on the door. It was Dr. Hawkins wondering if any of us needed help. This was too much of a nightmare... I awoke in a cold sweat. Graduate Group Seeks to Resolve Conflicts by Bob Reschke The Graduate Group on Cooperation and Conflict Studies is an interdisciplinary group of faculty, graduate and professional students interested in cooperative behavior and conflict resolution broadly defined. Members presently on the roster come from five Faculties. The group receives financial support from the Vice Provost for Research and Graduate Education and from external grants. The purpose of the group is to encourage and facilitate research and interdisciplinary dialogue about the theories and strategies having to dowith (a) the prerequisites of cooperation, and the risks of payoffs of cooperative behavior in various sorts of circumstances, and with (b) resolving or managing different kinds of conflict, and in particular factors which promote integrative or cooperative solutions in contexts of divergent interests. The group also (c) facilitates public service concerned with promoting cooperation and integrative dispute settlement, by maintaining contact with external groups and associations in the fields of dispute settlement and peace research. Contacts outside the University have been established with the Western New York Dispute Settlement Center, the Alternatives to Violence Project, Inc., and the NYS Martin Luther King, Jr., Institute for Nonviolence. The Graduate Group on Cooperation and Conflict Studies is currently sponsoring an ongoing series of informal colloquia, known collectively as the CCS Forum, where faculty and graduate students can introduce research projects and present papers in a friendly atmosphere. Group projects for the 1990-91 academic year include: (a) the CCS Forum where faculty and students introduce research projects and present papers in an informal setting; (b) a New York State Student Conference entitled "Nonviolence in a Pugnacious World" scheduled for April 26-27, 1991; (c) a Miniconference on "Case Studies in Cooperation;" and (d) the formation of a newsletter. Upcoming presentations will include the preliminary defense of a doctoral dissertation on arms races and disarmament and thetrialrun of a group report oncooperative learning which will then be given at a nat ional conference in the spring. The group is interested in sponsoring additional presentations either alone or with the co-sponsorshp of academic departments or special interest groups. Any individuals interested in an opportunity to present their research are urged tocontact Bob Reschke in the Political Science Department, 413 Park Hall, or by calling 636-2166. Tuesday, October 23,1990 * The Opinion 9 �The Lowdown on Getting Down by Darryl McPherson Staff Writer Today I'm going to discuss a subject that probably touches each and every law student. While it is not a sensitive topic, just the mention of it has been known to stir the average student into a frenzy. And I'm sure everyone has an opinion about it. What is it I'm talking about, you wonder? Parties. From orientation on, an incoming law student is told to be ready to party. They come in various forms, from potluck dinners to major league beer bashes. These activities are a necessary release from the tremendous stress created by our legal studies. Parties are so important to the law school community that even the SBA throws one every year. Usually, all that's needed is an excuse to throwa party, but even that isn't a requirement. Birthdays are usually good, but there's a problem with timing. Maybe it has something to do with Libras and the scales of justice thing, I don't know, but there were a bunch of birthdays jammed together in late September and throughout October. A surprise party was thrown for a friend of mine on a weekend, but her birthday actually fell on the following Monday. While everyone celebrated regardless, it's generally nicer to have the party on the actual day. Ironically enough, two other parties were taking place on the same night. most, if not all, law school parties. I know that I'm not the only person who's noticed that there's never any dancing. And I don't understand why. Those who attend these parties are young, and appear to be healthy. It's not illegal to dance in Erie County. So what's the One was thrown by the Federalist Soci- ety, and the other was Rodger Doyle's. I couldn't make the Fed party, but I did manage to check out Rodger's. And so did everyone else. I don't think I've ever seen so many law students at one party that wasn't held at a problem? bar. Rodger "Malcolm Forbes" Doyle has a rather large house that's conducive to throwing huge bashes. Apparently he doesthis every once in a while, but this was my first. He had a real mix of people, too. Unless a student group isthrowing it, generally those assembled are comprised of people from the same year. I find that having a reason for the party helps its attendance. Law students are always busy, and I think it's easier to rationalize blowing off work if you have the slightest hint ofan excuse. One of the biggest fears when throwing a party isthat no one will show up. You sit there with all this food, beer, and pop, and you wonder how popular you really I'm an earlyarriver usually, and I've seen the anxiety. Fortunately, people do show up. After all, these are law students we're talking about. At the end of last semester, I threw a party at a friend's house for Section Three to celebrate the end of the school year. When planning that party, I tried to think of everything. I wanted every base covered. Atthe risk of sounding immodest, I've been told that it was one of the better parties thrown last semester. But it didn't have everything. It lacked an element that's been missing from I know some people can dance. At Nietzsche's, law students have been known to move their feet to the reggae beat. And I've seen some serious motion at Garcia's. But outside those club walls, the biggest activity is lip flapping, usually on somelaw related topic. Yawn. Eitherthat, or some adventures in creative drinking, a la games like "Sink the Titanic" (if you don't know what that is, askaround, I'm sure someone will gladly educate you). I also know some people want to dance, but don't. I suppose the fear factor has something to dowith it. People are hesitant to be the first on the floor to shake their booties, so it's not surprising that dancing isn't a commonoccurrence. Furthermore, few parties actually make accommodation for dancing in the first place. The conditions, I think, have a lot to dowith it. At my party, though the music was relatively conducive to dancing, the atmosphere wasn't. Most of the people were outside (it was a warm night), and despite the relief of having finished our first yearof law school, we weren't happy enough to be dancing in the streets (we're law students, not the cast of "Fame") Also, there are somany varied are. CONGRATULATIONS Tara Burke, Kathleen Welch, and BPILP!! At the Second National Awards Cerenony and Banquet sponsored by NAPIL, wo awards were given to UB Law representatives: *The award for the NAPIL member jrogram with the greatest growth (for a jrogram under $25,000), was given to XJrveryownßPlLP. BPlLPfundraising efforts, which are geared exclusively owards providing summer grants to UB aw students working with local legal services agencies and other public merest organizations, experienced a 300% growth. Last year weraised more ;han a $25,000 total. Way to go! An award was given to Tara Burke for ier role as an Outstanding Grant Recipient. Tara worked last summer, and continues to work for, the Volunteer .awyer's Project in Buffalo. Tara implenented an innovative program which ecruits local pro bono attorneys to rep- «• Confirmation /"• *-y Hearings tt really Went... Q 10 Tuesday i-flfi ...... . and thoughtful manipulation of contaminated instruments will prevent accidents. Practices/such as not recapping used needles and storing sharps in puncture resistant containers, allow the caregiver to control risks through his own caution. Finally, estimates of the number of seropositive individuals in the United States range from 500,000 to 1.5 million. Even if the lower estimate is correct, we can inferthat most metropolitan dental offices have knowingly or unknowingly treated seropositive individuals. This dramatically demonstratesthe safety of the dental operatory in this % country. Even with the large number of infected patients who have obviously received treatment, there are only two documented reports of seroconversion of dental personnel, not part of a high risk group, who have used proper bar- That's the craziest thing I evva hoid' why, i have the mind to join a club and beat you the head with it! |!>ver X* ...Dave, is it true your boyhood idol wasn't Cardozo or Holmes, rather, Groucho Marx? .0..'... 1990 The Opinion _<:. tional memories. On Saturday the 27th, Nicole Moss is throwing a Halloween party, complete with costumes. It promises to be an interesting affair, and I'm sure it'll be something to remember. This party has a gimmick,and that in itself sets it apart. Now every party can't be sense-shattering, so don't be discouraged from having a party (as if anything I said would stop someone from partying). All efforts are appreciated, and a definite part of the law school experience. The SBA is working on ideas for the next big social event. If you have any ideas, grab your elected class director, and let themknow what you think. If you don't know who your directors are, shame on you, and put any suggestions in the box on the SBA door office. The party is for you, the law students at U.8., and you have a say in how it's to be done. Personally, I'm pushing for lots of dancing. continued from page 3 "Attorney oftheMorning"program, there was no organized pro bono effort to represent tenants who cannot afford legal representation. *Kathleen Welch was elected the president of NAPIL Board of Directors. Last year she served as vice-president. She will be representing the organization in a variety of forums, including the American Association of Law Schools annual meeting in Washington, D.C. in January. In addition, Kathleen Welch will continueto coordinate the NAPIL Board of Directors and its Executive Committee. These include four other student officers, as well as five other non-student representatives from the public interest law community, the legal education community, and the private bar. •I Dancing is a sure sign that everyone is relaxing, and for once I'd like to see an attempt to shed the uptight law school image. Otherwise, everyone just stands around, drinks, and makes small talk. Though these things allow for a chance to unwind, it doesn't make for excep- Dentists and AIDS resent tenants in eviction proceedings before the Buffalo City Court. Prior to Tara's summer efforts to implement the HOW the Senate tastes in music that it's hard to find something everyone will agree is good. Yet there was room inside and nobody danced. I expect the fear factor was in effect, and I'll admit I didn't do anything to encourage tripping the light fantastic. But whenever I see a party depicted in the media, people dance. . I 4lBBl&. '"' "^lB^a j 111 ~ / \J L J mßf) Jtmk Wl jj Ml jd. y,^ *■ ■ ■ rier controls (gloves, mask, eyewear, gown) and no reports of patient to patient seroconversion. It appears dentists who refuse to treat AIDS patients do so for reasons other than a rational fear of infection. The need for personal assessment becomes obvious when one considers the difference between dangerand fear. Theyrelate inconsistently. Danger, an objective property, may elicit the psychological response of fear in some, but not others. A reasonable danger, therefore, has to be based on the response of most persons to any situation and not a dramatic response by a minority. We cannot allow an unproven fear of contagion to supercede the clinical reality. Editor's Note: Mr. Gary is a practicing dentist and third year law student. Q. ~„ -What is your position with respect to schools banning Bart Simpson T-shirts? �The Docklet lOsdfsdsdfat THANK YOU FOR YOUR ENCOURAGING RESPONSE TO OUR FIRST APPEAL FOR MEMBERS. THE BAR REVIEW COLLECTIVE NEEDS YOUR HELP. IF YOU HAVENT ALREADY SIGNED UP, DO SO NOW IT WILL DO YOU NO HARM. ALL WE ARE ASKING FOR IS YOUR SUPPORT IN BRINGING THE OUTRAGEOUS PRICE OF A BAR REVIEW COURSE DOWN. YOU WILL NOT BE COMMITTED TO TAKE THE COURSE THAT THE COLLECTIVE CHOOSES IF IT IS NOT THE ONE YOU WANT. NO MATTER WHAT, YOUR CHOICE WILL HAVE TO LOWER ITS PRICE TO COMPETE. — ALSO - WE NEED A LITTLE HELP FROM A LOT OF PEOPLE IN EACH CLASS TO KEEP THIS THING ALIVE. CONTACT RODGER DOYLE OR JIM MONROE AS SOON AS POSSIBLE. - WATCH OUT, COMPLACENT BAR COURSES ITS HAPPENING! 'Taking Care: A Seminar on the New Health Care Agents and Proxies Act, Living Wills, and Health Care Decision Making." What: When: Where: Lowdown: What: When: Where Lowdown: Lowdown: A Panel Discussion on the Energy Crisis. Tuesday, 10/23, at 7:30 pm. First Floor Auditorium, Allen Hall (near the Park and Ride NFTA parking lot on the UB Main Street Campus.) A panel discussion on energy policy, the Middle East, environmental crises, and our American way of life. What: When: Where: Opinion General Meeting. Wednesday, 10/24, at 3:30 pm. Opinion Office, 7th Floor. What: Tradition, Transition, Revolution: Voices of Women in the Middle East." Wednesday, 10/24, at 8 pm. UB Harriman Theatre on the Main Street Campus. Staged readings followed by a .public dia logue with two middle eastern playwrights. Call 636-2575, or 875-6678 for more info. When; Where: Lowdown: What: When: Where: National Lawyer's Guild Meeting. Thursday, 10/25, at 6 pm. The Central Park Grill, on Main Street near Fillmore. What: When: Where: Lowdown: Betty and Alan's Section 2 Halloween Party. Friday, 10/26, at 6:30 pm. 52 Rosedale Avenue Open to section 2 who come clad in costume. ON NOVEMBER 1. 1990, A SPECIAL EVENT WILL BE TAKING PLACE AT OUR LAW SCHOOL... WARD STONE, NYS DEC WILDLIFE PATHOLOGIST, will be speaking 0n... "POLLUTING MOHAWK LAND: PROBLEMS AT AK- WASASNE." THIS ISA ONCE INALIFETIME CHANCETO MEETTHE ENIGMATIC BULLDOG OFTHE DEC, THE MAN WHO CAUSED SO MUCH GRIEF FOR POLLUTERS THATTHE DEC AND THE GOVERNOR TRIED TO CUT HIS BUDGET. BUTTHE OUTCRY FROM THE VOTERS IN NEW YORK SHOWED CUOMO THATWARD IS A FORCE TO BE RECKONED WITH! WARD WILL BE SPEAKING ABOUT THE AKWASASNE RESERVATION, LAND SO POLLUTED THAT THE NATIVE PEOPLE CAN NO LONGER CONTINUE THEIRTRADrnONAL WAY OFLIFE. FIND OUT WHAT IS AND ISNT BEING DONE TO HELP THE MOHAWKS. WARD WILL BE SPEAKING ON THURSDAY, NOVEMBER 1,AT 6 PM, IN ROOM 109. FOOD AND DRINK WILL BE AVAILABLE BEFORE AND AFTER THE PRESENTATION. Resume Writing Sessions. Monday, 10/29, at 2 pm and Friday 11/2 , at 12:30 pm. Rooms 109 and 106, respectively. A chance to brush up on your resume writing skills. Training Session for Advocates for Victims of Domestic Violence. Thursday, 11/8, in the evening. To Be Announced. What: When: Where: Buffalo Environmental Law Society Bake Sale. Monday, 11 /12 in the morning. In front of the law library. What: What: When: Where: Saturday, 10/27, at 8:30 am. Moot Court Room. Presented by the Erie County Bar Associa tion. When: Where: What: When: Where: Lowdown: Second Statewide Labor & Environment Conference Friday - Sunday, 11/16-11/18. SUNY College of Environment and Forestry, Syracuse. A meeting of activists at a major educational conference to build a movement for labor and environmental justice, (for more info., contact Andrea Sammarco, # 512.) II I *** MANDATORY *** | j ( I I Treasurer's Meeting of ALL LAW SCHOOL ORGANIZATIONS THURSDAY October 25th 6 P.M. SBA Office I j J| wmm///////////w^^ i The Deadline for the next issue of i ; The Opinion is October 29th at s:oopm j j \ Please submit articles to box 677 or 808. Tuesday, October' 23, 1990 • The Opinion 11 �New "fork Bar Review Course Summer 1990 Enrollments 4#500 uLIQjQvITaJaI BAR REVIEW PieP er i" 2,200+ I I All other courses 250+ | I combined j Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW ■ New York's Largest and Most Successful Bar Review Course � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/916493b3dda66f4f695ecbf740a48189.pdf 18975ba0a0f4ae014c3786968e604532 PDF Text Text TO HE PINION Volume 31, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 9,1990 Social activists convene for conference on Drugs Hysteria. the case. The attorneys who attended the seminar were able to ask questions and have Berggren respond specifically to their inquiries. The specific suggestions made for handling sexual harassment cases dealt primarily with keeping in mind the focus and intent ofthe case: to "protect women in the work place who are being zapped by male chauvinist pigs." Discussion and comments reveaed that claims can be made by men and are only limited to harassment which occurs as a result of the sex ofthe victim. Claims by gay men can be made against their gay bosses although there have not been many cases on this subject. ily handles civil rights and employment discrimination disputes. Berggren's first hand knowledge ofthe difficulties inherent in advocating sexual harassment cases was evidenced by the suggestions he made for handling the client and who are harassed by their superiors directly, through a hostile work environment, physically intimidated, and people who are not promoted because of the sexual relationships of others with the supervisors, or persons accused by companies as being harassers (due to the company's sensitivity to Title 7 or by Elizabeth Kent Tort Liability for Sexual Harassment was one ofthe seminars offered at the NationalLawyer's GuildConference held the weekend of October 5-7, 1990 at Buffalo State College. The meeting was the Mideast Regional Conference and representatives from M ichigan, Ohio and other states joined New York attorneys and students in discussions as wideranging as ways to discourage the JAG from soliciting students at Universities to Progressive Responses to the War Kurt Berggren, the facilitator of the Sexual Harassment seminar, has a private practice in Detroit, Ml, and primar- Sexual harassment includes women state harassment statutes.) Berggren offered some nuts and bolts advice to attorneys involved inthe prosecution of sexual harassment claims. He insisted that the attorney must relate to the client in a sensitive and caring way. One necessary evil to handling a case is the need to explain to the client 1) that normal litigation is traumatic and that 2) other pressures will be brought to bear on the victim, almost as if the harasser could continue harassment throughout litigation. In choosing the type of suit to pursue, the attorney must determine in what jurisdiction to locatethe suit, federal, state, or county court.. Berggren insisted that often state courts will provide a better forum than will federal courts due to the rigidity of the many Reagan appointees in the Federal judiciary. Attendees ofthe seminar did point out that the state or local statute climate might make itexpedient to try the case in federal court. County Bar follows BPILP's lead in helping homeless by Gretchen Stork A new program to provide legal services to the homeless through a coalition of law students and lawyers is underway, kicked off by a $1200 donation from the Buffalo Public Interest Law Program. The BPILP donation was the first money in, and that contribution sparked the Erie County Bar Association to come up with $1500 for the program. The money, together with contributions from Neighborhood Legal Services and the VolunteerLawyers Project, will help pay Work/Study students to advocate forthe homeless. Having the BPILP money in hand caused "some people (in the Bar Association) to be very receptive, beyond what I expected," said George Hezel, a memberof theErie County Bar Association Task Force on Legal Services for the Homeless. TheTask Force includes representatives from Neighborhood Legal Services, Inc., the Volunteer Lawyers Project, the Bar Association Human Rights Committee, and providers of services to the homeless such as Friends of the Night. Law students will work 10 hours per week providing services in public assistance and housing tothe homeless, and also providing referrals in areas such as family law, consumer and criminal matters. Students will be supervised by Neighborhood Legal Services' attorneys, aided by volunteers from the Volunteer Lawyers Project. Professor Hezel consulted with Paul Toco, a Professor of Psychology at SUNY Buffalo and researcher on the homeless, to help draft a model for the program. "Paul said what we needed was a group of zealots with basic advocacy skills to work hand in hand with the homeless to break down institutional barriers," Hezel explains. "I said, you mean law students." From there came the idea to have a half dozen students supported by attorneys doing on-site outreach at shelters. The key to being an effective advocate for the homeless, Hezel learned from Toco, is to build a relationship based on trust. For that, "you have to deal with them where you find them, which means going to the shelters. They need a relatively permanent, non-bureaucratic face." He defines energy, permanence and basic advocacy as the major elements ofthe program. Students and volunteer paralegals will screen and evaluate clients at the shelters, and working with Neighborhood Legal Services staff, assist clients with legal problems, including representing them before various state and federal agencies. Students will stay involved with the clients throughout the process, doing things like making sure the proper papers are provided at an interview with the Welfare Department, arguing with a caseworker, or helping complete applications for public or subsidized housing. "We hope to start up small with a couple of students and wind up with a larger group," says Hezel. Healso hopes students who are not Work/Study eligible will volunteer their time. "I expect strong support from the students, and a mixture of those who rely on assistance and those who don't, to make the programrun smoothly," Hezel said. "I want students to show the Bar Association we're serous about pro bono work." Points to consider in making the determination are: the amount of allowable damages within the jurisdiction, the allowability of a jury trial, and the definition of damages. The third aspect of a harassment case is the need to utilize experts to answer the difficult and often negative questions ofthe case. Expert witnesses are useful to present a general history of harassmnent and the litigation of harassment. Berggren named two reputable experts available for sexual harassment litigation. It is often necessary for the victim to have pyschological counseling to prevent internalization of the blame for the event. It was emphasized that the attorney cannot operate in a vacuum, the client must decide if s/he wishes to continue withlitigation or accept settlement offers. Although the attorney may wish to pursue litigation, it may be in the client/victim's best interest to accept a settlement. Berggren insisted that the lawyer "needs to be more than a lawyer in a sexual harassment case—an attorney must deal with the nuances of feelings and the strength of the client. Berggren did point out that often harassment cases will include situations wherethere was the use of intoxicants during interactions with superiors from the workplace. HIGHLIGHTS Faculty Survey Results pg. 2 Coming Out Day pg.3 Jessup Awards pg.3 Soviet Legal System pg.9 Tuesday, October 9,1990 • The Opinion 1 �Experts gather at trial technique conference by Maria Schmit Managing Editor A Continuing Legal Education seminar on "Practical Tips for the General Practitioner" took place Saturday, October 6, in the Moot Courtroom of O'Brian Hall. The morning long conference was sponsored by the Western New York Trial Lawyers Association and the Bar Association of Erie County. Samuel R. Miserendino, Harold J. Boreanaz, and Daniel T. Roach, three local litigating attorneys, each with over thirtyyears of courtroom experience, shared their tips on trial technique. Samuel R. Miserendino, senior partner in the firm of Miserendino, Krull & Foley, P.O. spoke of his experience as a plaintiff's attorney. Mr. Miserendino shared his advice on trial lawyering from juryselection to summation. As a litigating attorney, he noted the importance of establishing an identity with each juror from the beginning of the jury selection process. In selecting a jury, a lawyer has to be "like a psychologist." An attorney must learn to analysis each individual. The only way to find out about the prospective juror is to ask questions and let the juror talk. Mr. Miserendino also gave suggestions on opening statements. He advised attorneys to never makea claim to the jury that they can not prove. For a good opening, it is imperative that the litigating attorney have "absolute familiarity with the case." Mr. Miserendino recommended telling the jurors about the case in a storybook fashion that is interesting and easy to follow. He tells the jurors what has to be proven, and then tells them how he will prove it. (However, he cautioned trial attorneys from saying what witnesses will prove each point, because this givesthe opponent the opportun'rty to take a statement from the witness before (s)he testifies.) Mr. Miserendino encouraged litigators to spend all the time that they can on their opening. Harold J. Boreanaz, a senior partner in the firm of Boreanaz, Carra & Boreanaz, threw to the audience what he called his "spitballs of wisdom." Mr. Boreanaz, a criminal defense lawyer specializing in tax, white collarand RICO defense, described a trial as "gentle, intellectual...war of nerves and ideas." From his years of experience he has learned that trial lawyering requires stamina, discipline and control of emotions. Mr. Boreanaz recommended that litigating attorneys go into the courtroom before the trial starts and test the acoustics, sit in the counsel chairs, look for snags in the carpet and sit in the jurors chairs to get their visual perspective. Once the trial begins, attorneys should rise with grace and movepapers quietly. Mr. Boreanaz, strongly advised limiting notetaking during the trial; observingthe jurors, witnesses and opposing counsel is more important. An attorney who stares at his yellow notepad taking excessive notes, often losses out on the Survey Says The Opinion student survey of perceptions toward the Faculty Statement Regarding Intellectual Freedom, Tolerance and Prohibited Harassment (Faculty Statement) has been tabulated and the results deliver a judgment upon the Faculty Statement: it is a pariah. Controversial since its inception the Faculty Statement has always generated debate, however anemic that debate may be. The vote went heavily against the Faculty Statement on a five to one ratio with many of the comments strongly advocating the repeal ofthe statement. Only ten percent of the student body responded and four faculty members chipped in to bring the total to eightyfour questionnaires. Surprisingly, this paltryresponse level qualifies as "statistically significant" of the sentiments of the students and faculty ofthelaw school. The Faculty Statement apparently provokes, forthe most part, either apathy or antipathy. Those few that responded in favorofthe Faculty Statement generally urged for revisions to correct its vague wording. Although there were no responses indicating an "indifferent" attitude onthe survey it isclearfrom the low response level that the issue resides near the bottom on most student's list of priorities. Some of the comments delivered to The Opinion have been edited in the interest of cogent writing and in observance ofvarious obscenity laws. There has been no attempt to silence the views of students regardless of trie offensive content of the individual statement. The voting for repeal of the statement was as follows: Ist year students -18 for, 1 against; 2nd year - 22 for and 3 against; 3rd year students 17 for, 6 against and six students commented on the necessity for altering the document. The fourfaculty members were evenly split with one commenting that the law suit was an issue over the "stubborn- - Trial lawyering, stated Boreanaz, is a lot of work but it is fun. Preparation is essential from the beginning of trial until the summation. Opening statements must bewell prepared. Witnesses must be prepped to the mechanics of testifying. (Mr. Boreanez tells his witnesses to sit up straight with their hands folded, while on the stand, and answer only the questions asked when being crossexamed.) The summation is also very important. However, a good summation must follow a good trial in order to be affective. Mr. Boreanez stated that a trial attorney can not take a losing case and turn it around at summation. Daniel T. Roach, a partner in the firm of Maloney, Gallup, Brown & McCarthy, P.C. and also a Trial Technique teacher at the law school, offered advice gathered from his years of experience as a civil defense litigator. Mr. Roach ad- vised attorneys to know the law, and be well prepared before the trial begins. During jury selection, he suggested that attorneystry to seethe case through the jurors eyes. Mr. Roach recommend asking the juror about his/her children, or letting the jurors tell you something about themselves. Showing your interest in the juror, Mr. Roach feels, is very important. Ittakes awayfrom the sense of interrogation. While, Mr. Miserendino, had noted he thought counsel for the plaintiff had an advantage in giving thefirst opening "It sucks." "The First Amendment isinviolate. Allow the criminal authorities to deal with harassment. Hate speech does not exist in a vacuum." THIRD YEAR REMARKS "Withdrawn and re-written in less broad terms. Too much faculty discretion to censure students." statement, Mr. Roach disagreed. Mr. Roach stated that he feels defense has ah advantage in going second. Defense, in going second can select portions of plaintiffs case that are weak, or mention points that were left out by the plaintiff's counsel, and make them "very interesting" points in the case. This will intrigue the jury and make it seem as though the opposing counsel is leaving out information,; and jurors wantto hear the whole story. He also recommended, that attorneys always ask to have the opening statements recorded. Opening statements are only recorded when the reporter is asked to record the statements. These statements may be of great importance in reading back the record. Mr. Roach suggested that attorneys start preparing their summations each night after the trial. If an attorney tries to put a summation together from notes after a week of trial, a lot of good points will be lost. Trial lawyers should spend a little time each night after the trial picking out the best points, such as flaws in the testimony of key witnesses. The conference offered useful tips for law students who do not yet have courtroom experience. It also offered insight for both the novice and the experienced trial practitioners. While most courtroom litigators havetheir own style, the tips offered could be incorporated in with a litigator's personal style. . Statement Stinks! ness of a few." One student eloquently "Violates clear constitutional prinsummed up the issue by writing "[t]his ciples." statement,though well intended,reflects a great deal of carelessness onthe part "I have always thought of myself as a of our...faculty." liberal—suffice to say, I never knew what a raging conservative I am until I FIRST YEAR REMARKS started law school. I have seen people be mocked and booed by the class and "All is protected speech." humiliated by the professor for uttering opinions which can, at worst, be de"Hang the bastards who wrote this." scribed as "mainstream." This type of reaction, it is particularly when suffered "If not withdrawn, I don't ever during first year, has the effect ofstifling again want to hearthe phrase testosterone poisoning.' Also, the statement any furtherparticipation, to saythe least. There are Republicans in the world. provides grounds for minority-maniTHere are conservatives in the world. fested witchhunts." Why is it thata statement like "I believe that gay men make exceptional single SECOND YEAR REMARKS parents" is met with approval, while one "Free speech at UB!!" such as "I believe abortion is wrong" is met with open hostility? I personally "This is total bullshit!" agree with theformer opinion (in certain cases), and emphatically disagree with "This statement, though well intended, thelatter(let me cover myass here), but reflects a great deal of carelessness on the point is that these opinions exist! "Underthe guiseof"liberal consciousthe part of our esteemed faculty. This carelessness serves to undermine the ness" we are in fact advocating the confidence that students have in their complete eradication of free speech in professors. This, in turn, detracts from the law school. To thinkthat this will be the learning environment that is cultienforced by the faculty is horrifying. The vated at this institution." future: 89 invisible students + 3 NLG members in each class. Of course, "The 2nd sentence, 3rd paragraph racially-based assault is, for one thing, should be omitted. Everything else is against the law, and for another, sickening. But who needs a faculty statement 0.X." Tuesday October 9,1990 • The Opinion 2 opportunity to fully absorb all that is going on around him. pni "illinium ' to state the obvious? What they are really trying to say isthat opinions that differ from their own will be struck down as theyare voiced. Period. I am a 3rd year." "Paragraph 3 should be revised." [The faculty statement should remain in effect.] "Statement clearly does distinguish between speech and behavior. It sanctions behavior, not speech. The condemnation of ill-received remarks suggests mere verbal disapproval, not the same sanctions. Legal profession is conceptually self-governed." "Change wording." [Other] "Re-written." FACULTY REMARKS "It's unfortunate that we are being sued because of the stubbomess of a few* THE PASSWORD: a 415 Ii iall anaat Safe Hew art. NX 10001 <212)5»*.}»* (Sla)W2-WJO (auiMWMO? (2«)42H3*3 BUL (2I1IM)^4« ""■"""" MNrt Han. Sate «J1 taa,. ma 0211. (»I7I»(.»H (20J)724.3»10 «U= (.n)6»WJ«. "mi The Deadline for the next issue of i" | The Opinion is October 15th at s:oopm Please submit articles to box 677 or 808. lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIMIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIItttt �Students stage fee strike sit-in by Andrea Sammarco News Editor SIT-INS CONDUCTED Student opposition to the implementation of the proposed busing fee on Monday, October 1,resulted in the blockading of several bus routes on to the Amherst campus at different points during the day. Around 700 students protested the fees inFounder's Plaza at 11am, many of whom boycotted class as a symbolic gesture. They physically obstructed the Flint Loop, the FlintAusperger intersection, the Putnam Way construction entrance, and the Flint/ Audubon intersection respectively, after the administration refused to consider a list of demands presented by SA and the New Student Union. The sit-ins, stand-ins and a march through the Spine, were conducted in a series of tactical strikes during the day by the crowd of students, underthe direction of student leaders, although SA officials declined to participate in the sit-ins. Public Safety officers were present at the blockades but did not make any arrests, and were occupied with redi- reding traffic and aiding vehicles in manuevering around the protesters. The first sit-in was conducted within the Flint loop, where one bus was obstructed. The driver was greeted with cheers and applause from the crowd when he turned off the bus, opened a newspaper, and gave the crowd the thumbs up sign. Successive blockades effectively stopped the flowoftraffic and buses entering and exiting the campus from about 12pm to 3 pm. Buses enter- ing the campus were forced to let off passengers at the site where the sit-in was held. FEE COLLECTION Bus fees and passes began to be collected Monday by some Bluebird drivers from students getting on the shuttles. Over 2000 students had purchased passes by the Monday dead- line, however, it was noted by many who rode the shuttles Monday that drivers were not enforcing the pass requirement. "If you didn't pay they let you ride anyway," said one student whorode the buses three times without paying, while carrying a protest sign on board. Speculation existed that they fee requirement Jessup Court soars in competition 1990-91 U.B. Jessup International Law Moot Court Team Scan Galliher David Geurston Gay Kang Deborah Muhlbauer Daniel Vira Congratulations to New Associate Members: Karin Stamy, David State AWARDS - Best Oral Argument David State Second Best Oral Argument Gay Kang Best Memorial (Brief) Deborah Muhlbauer Tied for Second Best Memorial Carolyn Tinney and Daniel Vira - - - While most law students are soaking up that last bit of sun, packing the car and makingthat trek to Buffalo for either the first time or a repeat performance, competitors in the Jessup Moot Court Intramural Competition were preparing their Memorials (briefs) and orgal arguments for the 1990 Jessup Moot Court Competition. The Jessup International Moot Court Competition is an annual competition held at U.B. Law School. It provides students withthe opportunity to prepare a brief (referred to in International Law as a "memorial") and to argue before judges. The Jessup Moot Court Competition began over the summer months. The research was prepared and sent to the competitors by the Jessup Moot Court Committee. Instructions were also sent to the competitors on how to write the memorial and how to address theInternational Court of Justice. The competitors prepared the memorial for submission to the Board on September 7th. On September 17th, each competitor presented his or her 15 minute oral argument before a panel of judges. This year's judges included Professor Wade Newhouse, Nan Clingman, Esq., Kimi Lynn King, Esq., Jennifer Kreiger, Esq., Chris Vergos, Esq. and Moses Howden. The judges questioned each competitor intermittently regarding his or her lines of reasoning, legal basis for arguments and policy considerations. The judges then evaluated how wellthe competitors prepared and presented their arguments and fielded the judges' questions. The competitors are ranked based on the combined total scores of their memorials and their oral arguments. The top five competitors are selected as the U.B. Jessup Moot Court Regional Teamand willrepresent U.B. Law School in the Jessup Regional Moot Court Competition held in the Spring of 1991. Associate members are also selected based on their total scores. All competitors are to be congratulated for having undertaken such a challenge and are to be highly commended for their efforts. Indeed, this year's Competition was exceptionally exciting because ofthegreat proficiency each competitor demonstrated. Many thanks to Mary Beth Scarcello and Denise Colsanti-Munson who made up the Jessup Intramural Committee. Mary Beth and Denise are responsible for the successful preparation and or- ganization of this year's Competition. Recognition should also be given to the Executive Board: Mary Ellen Gianturco, Director, Pierre St. Hillaire and Moses Howden, Assistant Directors, and Eric Braun, Secretary. Now thatthe Competition is over, the real work forthe team is just beginning. All team members will attend research tutorials on international law throughout the semester. When the problem is issued from the American Society of International Law Students Association, team members will begin researching and writing a memorial forthe Regional Competition. The Jessup Moot Court Intramural Competition offers students an excellent opportunityto enhancetheir writing skills and increase their oral advocacy capabilities. All first and second year students interested in competing in next year's competition should watch for information regarding an orientation meeting in late March. Anyone interested in learning more about Jessup Moot Court events should contact Mary Ellen Gianturco, Director Box 680, Moses Howden, Assistant Director- Box 702 or Pierre St. Hillaire, Assistant Director Box 820. - will not be enforced. But public safety officials have said that they will be randomly checking students forthepasses, and will ticket students for theft of services who fail to purchase a pass. STUDENT STRIKE AND RALLY Student leaders announced a general student strike on Monday in an effort to demonstrate the level of opposition to the administration overthe implementation offees. Thosepresent carried signs and banners, and sported t-shirts saying "Impeach Sample". Present were SA officials Kelly Sahner (President), Rick Cole (Vice-President), and Mike Cross (Treasurer), who answered criticism that the SA was not adequately representing the interests of students. A list of demands was presented to Robert Palmer, Vice Provost for Student Affairs, demanding the immediate cancellation of all new user fees, accountability from the administration to the students, and "legal, democraticcontrol of all university policies" by the students, faculty, and staff. Palmer came down to talk with students, but rejected the demands, citing the budget deficit as precluding the possibility ofa recision of the fees. When asked why students were being made to pay for buses that were promised as free when theAmherst campus was built, Palmer said, "No one could foresee the horrendous budget problem." STUDENT LAWSUIT Mike Cross, SA Treasurer, verified speculations that a lawsuit against the school by student representative groups was being contemplated. "A meeting was held Sunday night to discuss the possibilityofsuchactions,"hesaid. Pam Neubeck, SA's attorney, was expected to inform SA Monday of the possibility of obtaining a temporary restraining order to prohibit collection ofthe fees, pending a lawsuit against the school for breach of contract. Student representatives argue that many individuals came to the school under the assurance that the shuttle service would be freeof charge. Palmer responded to possible legal action by stating, "we made every effort to notify the students." When asked whether he thought the implementation of fees to be a breach of contract, he said, "I don't know whetherit is or isn't...it isn't." National Coming Out Day to continue tradition By Tom Bolze and Terri Mayo Thursday, October 11 is National Coming Out Day. For those unfamiliar withthis event, National Coming Out Day is a nationwide celebration of lesbian and gay identity, intended to show pride as well as increase visibility. In conjunction with National Coming Out Day. ÜB's three lesbian and gay student organizations Gay Graduates. Lesbian/Gay/Bisexual Alliance, and Gay Law Student Organization have designated October 11 as Gay Jeans Day. We urge all those who support the lesbian and gay struggle for equal rights to wear jeans as a demonstration of this support. National Coming Out Day is a relatively recent development in the gayrights movement, having first been celebrated on October 11,1988, in commemoration of the first anniversary of the 1987 March on Washington forLesbian and Gay Rights. Because lesbiansand gays must oftenrespond and react to agendas set by others hostile to our aspirations, National Coming Out Day is intended to be a pro-active statement whereby we can choose to affirm rather than merely defend our identities. Since it is in the fall, National Coming Out Day also provides a balance to the gay pride events that occur in the spring. Gay Jeans Day, on the other hand, is a considerably older event nationwide, although it has only recently begun to occur at ÜB. According - - to Morris Kight. founder of the Gay Liberation Front of Los Angeles and an active member of the West Coast lesbian and gay community, Gay Jeans Day originated in 1975 at California State University at Long Beach; the response, both positive and negative, was considerable, and the event spread across the country. Although the wearing of jeans is intended primarily as a positive statement, organizers of Gay JeansDay continue to be aware of the more subtle, and in some ways more effective, confrontational aspect of this strategy. Some of those whoare hostile to the concept of Gay Jeans Day have suggested more outlandish demonstrations of support, such as wearing Panama hats, or have facetiously promoted counter-demonstrations such as "Heterosexual Footwear Day." Such suggestions and criticisms, banal as they may be. nevertheless indicate how effective the Gay Jeans strategy can be. Because jeans are an übiquitous item of apparel on a university campus, Gay Jeans Day forces those who might otherwise never give a second thought to the issue of lesbian and gay rights to consider whetherthey want to demonstrate support for such, however inadevertently. In addition to those people upon whom lesbians and - gay men can consistently rely those friends, parents, relatives, and associates who daily demonstrate their support by word and deed « Gay Jeans Day seeks to reach those who do not, or believe they do not, have any regular contact with the gay and lesbian community. Because jeans are almost a second skin to many, the choice on Gay Jeans Day may be a difficult one. but it nevertheless remains a choice that one must consciously make. Even a choice not to wear jeans forces the person involved to consider his or her own biases and may perhaps prompt a reconsideration of these biases. We hope to see lots of jeans onThursday, October 11. Wealso encourage everyone to stop by our table in front of the law library, where we wiß be selling National Coming Out Day paraphernalia as well as cookies and coffee. Thanks for your support! - Tuesday, October 9,1990 • The Opinion 3 �oPjtMonJ^S™ Volume 31, No. 5 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: ArtDirector: October 9 „ 1990 Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco j0h n B. Licata Michael D. Gurwitz jj m Monroe Ron Rusczyk EDITORIAL Loan Repayment Assistance Program Educational debts are a fact of life for the majority of recent law school graduates. For many students who accept high-salaried positions upon graduation, loan repayment is not a serious debt burden. For law school graduates who choose public interest law careers, repayment of educational debts are an especially severe hardship. Unfortunately, the educational debt burden becomes one of manyfactors which affect our career decisions. This is a factor which should not have to be considered-especially for students deeply committed to serving the poor and traditionally underserved. Students who choose to forego lucrative corporate law jobs in order to serve the poor and needy should not be unnecessarily burdened for their choice. Adding insult to injury, students seeking public interest jobs often have to pay thefull expense of interviewing (travel, hotels, meals), whereas many students accepting corporate law jobs can expect initial bonuses, relocation compensation, and barreview course compensation from theiremployers. In both cases, students have loan debts. But where the corporate lawyer is eased into his or her high-paying job, the public-interest lawyer must endure financial burdens to secure their low-paying jobs-which will not be recompensed to him/her by way of a lucrative salary. This would not be so important were it not for the fact that public-interest lawyers perform critical social functions. Unlike corporate clients, the vast majority of Americans cannot afford quality legal representation. The crucial role public interest attorneys perform in providing legal services for those with inadequate financial resources is priceless. The situation is already critical, if one considers the odds ofa small, poorly financed public interestlaw firm going up against a wealthy law firm with virtually unlimited resources. In response to the needs of their public interest-minded students, several law schools across the country have established Loan Repayment Assistance Programs (LRAPs) which helpalleviate the debtburdens of graduatespursuing low-paying public interest positions. The Buffalo Public Interest Law Program has established a Task Force to help establish a Loan Repayment Assistance Program here at ÜB. Recent surveys conducted by BPILP reveal the strong support of students in support of the establishment of LRAP at ÜB. An average of over 10% of Buffalo Law School graduates pursue public interest careers. This figure is more than three times the national average! A Loan Repayment Assistance Program at UB Law School just makes sense, and is long overdue. If you are a law student committed to public service, and are seriously considering a public interest career, you can help shape ÜB's LRAP. Interested persons should contact BPILP's LRAP Task Force in Room 509 O'Brian, orcall 636-2900. Staff: Bruce Brown.Nathanial Charny, Lenny Cooper, Gary Ketcham, Darryl McPherson Contributors: Tom Bolze, Angela Gott, Elizabeth Kent, Terri Mayo, Pat Miceli, Gretchen Stork, Tom Winward (SCopyright 1990. The Opinion. SBA. Anyreproduction of materials herein is strictlyprohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic yuear. Kis the studentnewspaperof theState University ofNew York at Buffalo SchoolofLaw, SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in the; paperare not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-classpostage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinbn is funded by the SBA fromStudentLaw Fees. The Opinion welcomesletters totheeditorbut reserves the righttoedit for length and libelous content. Letters longer thanthree typed double spaced pages wil not beaccepted. Please do not putanything youwishprinted under our office door. All submissions should be placed in law schoolmaiboxes 677 or808 by thedeadlinedate. Deadlinesfor the semester areposted in the mailroomand outside The Opinion office, 724 O'Brian. To the Editor: Yourpublication of the Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment and the accompanying editorial does not include or refer to an addendum to the statement approved by the faculty on May 20, 1988. It provides that "paragraph three of the Statement, as presently constituted, does not contemplate [the] imposition of sanctions ...". Having been approved at a later date, the clarification is not ot within the text of the Statement. But it may be of interest to your readers and survey participants. Very truly yours, Lee A. Albert Professor of Law and Associate Dean At „ ,*ay 20, 1988meeting, the faculty unanimously adopted the following resolution: fTJhe faculty hereby reaffirms itsStatement ofOctober 2, 1987, 1) confirms that paragraph three of the Statement, as presently constituted, does not contemplate imposition of sanctions, and 2) requests thatthe Committee on Committeesauthorize a student facultycommittee to commence work during the summer toproduce proposed clarifications to the Statement, for action by the Faculty at its first meeting in October 1988.' TheOpinion neglected toprint thisaddendum whenitreprinted the Faculty Statementandconducted its student survey on the Statement. • Tuesday October 9,1990 • The Opinion 4 THE OPINION MAILBOX To The Opinion: There can be no doubt that Michael Gurwitz is a passionate advocate for a prejudice and hate-free world ("Homophobes Beware-Your Days Are Numbered"). However, he does a disservice to himself and his cause when he lowers his standards to those ofthe "hate-mongers" he so passionately battles against. For example, is there any real difference between the hate-monger's use of the words "Fag," "Homo," or "Dyke" in describing Homosexuals or Lesbians, and Mr. Gurwitz's use of the word "Yokels" to describe residents of cattle country, "Redneck" to describe Clayton Williams, and "Blueblood" to describe George Bush? By using such words or labels he does nothing to dispel the ignorance which isthe root cause of prejudice and hate; rather, such usage merely reinforces the hate-monger's belief that name-calling is a valid form of debate. Instead of calling Clayton Williams a "Redneck,"Mr. Gurwitz need merely have recalled to the reader Williams'reprehensible remark about rape to show what kind of man Williams is. In addition, Mr. Gurwitz's attempt to lay the blame for the increase in a antigay violence and the spread ofAIDS on the Republican Party and Ronald Reagan is suspect. Although he does admit "that both parties are guilty of perpetuating hatred of homosexuals," the only examples he offers purport to show a "systematic" use of hate campaigns by Republicans against Gays and African-Americans. When Mr. Gurwitz mentions the Senate vote adopting a measure allowing the Boy Scouts to exclude adult homosexuals and bisexuals from certain programs, he tells us "incidentally" that Al D'Amato (R) supported the measure, while Pat Moynihan (D) opposed it. Was this incidental information supplied sothat we might each make our own judgmentas to whom to support oroppose in the next election, orwas it supplied to show that, once again, Republicans are to blame for the increase in anti-gay prejudice? If his purpose was the former, then it should have been more clearly stated. If his purpose was the latter, then Mr. Gurwitz wasremiss in notrealizing that there is a Democratic majority in the Senate, which means that both Republicans and Democrats voted forthe measure. What is important is to understand that by voting against those who support measures which legitimize prejudice, we send a powerful message that prejudice will not be tolerated. My purpose in writing this letter is notto denigrate Mr. Gurwitz or his cause in any way, but rather to show that his use of certain words and attacks upon Republicans does nothing to further his argument. Mr. Gurwitz should not let his passion for the cause cloud his objectivity. Robert C. Fletcher IL, Section 2 Michael Gurwitzreplies: Mr. Fletcher makes an excellentpoint regarding the use of labels. It's easy to use labels whenthey serve one's purpose I'll be more careful in the future. As to the Pat Moynihan /Al D'Amato reference, that was for informational reasons only, although it did fit nicely into my condemnation of the Republican party which despite being a minority in Congress, is still, as far as I'm concerned, responsible tor a host of social ills. - To the Editors of the Opinion: Webster's New Collegiate Dictionary (1981) defines "prejudice" as "an irrational attitude of hostility directed against an individual, a group, a race, or their supposed characteristics." (emphasis supplied). If you hate a person because of their skin color, you are prejudice (among other things). If you hate someone because of their political party affiliation, you are prejudice (among other things). If you hate someone because they belong to a certain group, you are prejudice. On September 19th, as I walked into the law school mailroom, I was deeply angered and repulsed by the blatant acts of prejudice that faced me; three students had covered up the openings to their mailboxes with signs that read in effect (because all three were not exactly the same): "No homophobic, chauvinistic, racist Federalist trash, please." I immediately matched mailbox numbers with names, and was by no means surprised at the three names I found. I will not disclose those names now, soas not to give the Opinion editors any possibly valid reason for not printing this letter, i.e. libelous content. But, the names were very well known to me. I am a Federalist, and am personally insulted at being labeled homophobic, chauvinistic and a racist simply because I belong to a group that these three do not like. I dareany or all three of them to show that I am any of the characteristics that them so openly attribute to my group. Each of you have made a very serious allegation that I take as a personal attack against me. Two of you I don't even think I have personally met! Do you have any rational proof that all Federalists are homophobic, racist and chauvinistic? Do articles in the Federalist Papers (all of which are individually written and signed) mean that all Federalists agree with every single article? (If you need a hand with that answer, it is no.) I would like any one or all three of you to prove me, a Federalist, to be what you have implicated me as being. As a matter of fact, I demand that you attempt to bring forth such proof. It doesn't exist. But, that's not the real point anyway, is it? The three of you weren't attempting to attack me personally, were you? After all, there are of course many moredirect ways of doing that. No, I suspect that the three of you had a much more loftier goal in mind; the creation ofhate towards a law school groupthat you don't like. Why else put your signs in obvious public view? Hey, it's cheap advertisement,right? Start an attack against the Federalists, after all, everyoneknows that weare all latent Nazi's. Or, at least the three of you probably are sure, and might makes right, isn't that so? So what the heck, start a hate campaign. At worse, you will help to make people afraid of speaking out in class or in the halls with a view that is not yours. So what is a little hatred if it furthers your goals, since, you three are qualified to speak for everyone's opinions (except Federalists of course, but we don't count anyways). This kind of overt prejudicial name calling against a group, which implicitly attacks all its members, is against the principles that most of us have been fighting against; the promotion of hatred against a group simply because oftheir skin color, sex, or perceived beliefs. Though I have at times disagreed with some ofyour views CONTINUED ONPAGE 7 �The Faculty Statement in Court by Tom Winward I must admit that I was surprised that an article which I co-authored espousing the merits of an open-mind in law school drew such fire in the second issue of the Opinion. I was likewise surprised at the form ofthe attack. Let meaddress two criticisms which I found to be valid and worthy of answer. First, Jim Monroe pointed out that in our warning not to let labels dictate behavior we too fell into the "label trap." As matter of convention, we referred to the "right wing"and "leftwing" and probably should not have. For my part, I apologize to all who saw this as a contradiction and hope that it did not marthe substance of the message for all. Second, we were accused of oversimplifying issues which I simply do not believe wasthe case. Rather, we chose notto address specific issues in a piecemeal "survey" fashion which the article would have required. Instead, we decided toaddress specific issuesthroughout the year. This is the substance of my letter. I was disappointed to find that in sev- eral issues of the Opinion there was little or no mention of an event that affects every member of this school. I am refer- ring to the challenge to the law school's faculty statement now in the courts. On Wednesday, September 5, 1990 I attended a hearing ona motion to dismiss the claim ofthe students challenging the statement. The State took the position that Dan Majchrzak and John Wiencek had no standing and could show no harmforwhichthere was remedy;therefore, they had no claim. As Dan aptly pointed out in his presentation of the case, the harm is ever present in an academic setting whichtells us we must "temper our speech." He went on to make the court aware that even in the courtroom a student is subject to open condemnation for objectionable speech "where ever and however it may occur." It wasa point I thinklost on the judgeand the State's attorney but not on the students in the room who live with the uncertainty bred by the statement. The State's attorney contended that the statement provided only for open verbal condemnation of speech and other penalties were reserved for acts. The problem isthat this isthe characterization in court, while in the school itself the statement is enigmatic. If the statement means verbal condemnation then it should say verbal condemnation. It is ironic thatthe State's attorney was concerned with the type of speech or acts that the plaintifs wanted to engage in when at the basis of this suit is the students' concern over what they may say or do. The plaintiffs answered that they felt they had a perspective on the law which is not often expressed at the school. Likewise they argued that the uncertainty withinthe statement "chilled" any presentation of their particular perspective and therein lies the harm that has prompted the suit. The judge seemed reluctant to accept the plaintiffs' notion ofharm and at one point asked when these controversial points of view might arise. The plaintiffs responded that constitutional law, for example, raises issues such as abor- tion, homosexuality and affirmative action which often promote opposing views. In fact there are seminars offered at the law school which center on issues of controversy. Another procedural issue which the plaintiffs raised severaltimes was, that in a motion to dismiss, the facts they allege must be deemed true. If there is a perceived harm, then the plaintiffs shou Idbeallowed discovery to substan- The hearing resulted in an order by the judge for both sides to submit briefs of cases raised in the motion [possibly improperly raised] within 30 days for further consideration of the motion. I hope that in the future there will be more student interest inthis case. The simple fact is that regardless of what you think ofthe plaintiffs' politics they are fighting forthe First Amendment rights of every student in this school. There are students who believe that the faculty statement should stand as it is, some who want to see it revised, some who want it repealed. There are some who joke about it, some who are embarrassed that it represents our school, some who fear itand some who are willingto fight it in court. Regardless of your point of view we are all affected by the statement. The observations made and opinions stated here are my own and should not be attributed to any group that I am affiliated with. I welcome any and all comments and criticisms and hope that in the future they will be based on the merits of my arguments, as befits an institution ofhigher learning, ratherthan upon ad hominem attacks. tiate the claim. Cheaters Among Us: The Insidious Intrusion by Sandra Williams Business Manager In the Spring of 1990, The Metro Community News reported on organized cheating at the State University of New York at Buffalo. Inthe undergraduate departments fraternities and sororities had stolen exams from classes they hadtaken and now actually have a filing systemto whichastudent can just make a request. In discussing this with a friend of mine, a Teacher's Assistant, he confirmed the existence of such a system but in addition noted that he had even a worse experiences as a Teacher's Assistant. "...are we to commission Career Development to police the resumes and transcripts of the students?" He had students who sit in on the same exams more than once so that they are familiar with the examination material when it became their turn to take the exams. In addition, he had students who straight out handed in someone else's work as their own. When he reported it to the professors, they told him not to worry about it-these things happen. At theend of the Spring semester for the law school, I was told that several students had organized as a group to take several of the exams given out last year. This came not as a total surprise. But, at the beginning of the fall semester, it came to my attention that several students had altered their transcriot to the appearance that they are total "H" students. Alarmed, I mentioned it to a third year student. The surprise was mine. The third year dismissed it as a usual occurrence among his very own classmates. Just to mention, the students had an average of eight interviews each. One student had in excess of eleven interviews. Whatkind of system isthis that makes it O. K. for students to feel at ease cheating and lying? What kind of lawyers are being produced when integrity is absent? Whose responsibility is it in this situation to eradicate such a problem? There are four players in this situation: the Career Development Office, Teach- does that leave the rest who have demonstrated hard workall theirlives. If Hs and law reviews are what they want, then that is what they get. Should it matter how true these Hs are? I would argue, yes it does matter. We cannot fault the employer for defining what they think is the best and looking for it. We use the same approach when we look for people, schools and even jobs. We cannot take the responsibility fully away from a student to be honest and demonstrate something more than they have done so far by altering their transcripts. I would not want such a person whether they had Hs or not because, often times what you do is demonstrative of what you are. If you can alter transcripts today, what will you be altering tomorrow? How far will you go before you have had enough? In conclusion, this is not to absolve all those who clearly or silently allow the cheating and lying to happen and even worse, let itcontinue because it is not their job. These are not the people we want to send out in the market. Surely as an administration, like parents, these are not the type of students we want to be proud that we have produced. ers/Administration, Employers, and the Student. On the one hand, CDO has contact with the resumes and the transcript of students. If we are to give a truth to the rumor that resumes are pulled when they don't fit the employer's requirements, then we can assume that CDO can also check the transcripts to ensure that itis true as submitted. However,are we to commission Career Development to police the resumes and transcripts of the students? CDO perhaps receives over five hundred resumes and transcripts during the interviewing season. In addition to organizing, planning and seeking potential employers, are we to ask CDO to make sure that these potential lawyers are honest as well? As to theteachers and administration, when we enter the school, they are immediately commissioned with thetask of molding and teaching us so that we can be the best lawyers we can be. What are they teaching or not teaching us that even at the start wefind dishonesty more profitable than integrity? Can we say students are already was "bad seeds" when they came to the school and it is not theteacher's responsibility to make honest men and women out of us? What about the employers? One employer stated to me, "we want nothing but "Hs" and "lawreviews." Where MANIA LEGAL ff\u.aX*~ Tuesday October 9,1990 • The Opinion 5 �ShCahopes sigh by Darryl McPherson Staff Writer They walk in duty, like a knighi With countless minds at varied times: And all that's best of left and right Meetwith true respect in their eyes: Thus gathered on a Monday night And heaven nor gaudy day denies. To loosely borrow from Byron, the above comes very close to describing one of the up and coming organizations on the UB Law School scene. Though Students for Constitutional Concerns has its roots in the past year, it is taking off this year with the hopes of a bright and promising future. SCC started out as CCC, Citizens for Constitutional Concerns, a group founded by some law students last year in order to explore the war on drugs issue The group, with the assistance of Professor Jeff Blum, organized a retreat to further discuss civil liberty issues. After that, CCC seemed to drift apart. Retitled SCC to more accurately reflect the group's composition, it was born anew through the efforts of second year student Jim Maisano. Maisano left the Faculty Statement reflected a lack of understanding ofcivil liberties on this campus." To combat the problem, SCC is devoted to heighten awareness of constitutional issues through educational activities The appeal of SCC is that it is politically neutral. "All views have a right to be expressed, and SCC will provide aforum for all ol these views to be heard. We actually encourage liberals, moderates, conservatives, orany other student to join our group," says Tom Winward, oneofSCC's members, marc Hirschfield adds, "SCC promotes vigorous debate on all issues, but doesn't take political positions itself, though people within the group can. Groups like the National Lawyers Guildand the Federalist Society have created a polarity between law students. Either you are a liberal or a conservative, and don't dare to try to stand in-between. SCC hopes to bridge the gap by presenting an open minded viewtowards all issues, and those who choose to champion them. SCC doesn't have a traditional hierarchy with a president, vice president, etc. Instead, it has a decentralized leadership from within the membership. "This tends to create a greater sense of responsibility for the members, and keeps any one person from dominating the group," says Rebecca Eisen, ironically SCC's treasurer, the only permanent position within the organization. For administrative convenience, it was felt one person should consistently control the organization's money. After drafting a constitution and ratifying it, SCC set out to begin its mission through educational forums, panels, and/or debates focusing on civil liberties. The first of these activities was the October 3 presentation on the environmental and economic benefits of hemp, and the conspiracy behind hemp prohibition. Featuring Professor Blum and Marilyn Craig, a representative of Business Alliance for Commerce and Hemp, the event demonstrates them ajor civil liberties threat being conducted in conjunction with the war on drugs Also featured was a secret U.S. government film from 1942 promoting the growing of marijuana. Planned for later this semester is a panel discussion on censorship in the arts. As Mr. Maisano explains, "There's an enormous crisis on censorsh which can be displayed by the 2Live Crew incident, NEA funding, the Mapplethorpe exhibits, and labels on records. This crisis was begun by an effort of religious fundamentalists and conservative politicans, who would like to force their own personal morality down the throats of all Americans." In the future, SCC would like to do something on the constitutionality of hate speech laws and the debate on affirmative action. In addition, SCC welcomes input from all student groups, and is always looking for new members. Any interested students can leave a note in Box 450. Generally, the group has meetings every other week. In Search of Club 504 Members by Angela Gott In recent weeks, several law students have contacted me to indicate that they are also Learning Disabled and to compare notes about the nature of my disability withtheir own and also to discussthe varying degrees ofaccomodations we require to compensate aroundthe effects of ourdisability. Even though these students and I share the same handicapping condition, our specific type(s) of problem(s) differ and therefore our accomodations needs require different methods. I have also met several students who are unsure about their learning problems and want to know more about what "Specific Learning Disabilities" island to find out how to go about being evaluated to determine if indeed, they really have this handicap! It's sort of scary torealize that you are actually disabled, actually suffering from minimal brain damage, are actually "not normal." 6 Tuesday October 9,1990 If you are also "Learning Disabled" and would like to contact me, please feel free to put a note in my box #864 as I would love to meet you. It's my understanding thatthereare about 20 of us currently in thelaw school. If you are receiving accomodations in class and on examinations, perhaps you would like to compare what I am receiving. Perhaps you've had problems and would want to share your experiences withthe rest of us so that we don't make the same mistakes. The burden is on ourselves to find one another! Perhaps some ofyou are receiving benefits from VESID and others of you would like to find out about applying for this program. Perhaps some ofyou are receiving only a limited level of accomodations because you have not supplied sufficient documentation and want to know what others supplied to receive more recognition and/or protections under Section 504. And perhaps some of you are still on the fence, unsure whether to accept the reality that you are "learning disabled" and go for the protections and • The Opinion Ie talian Loafer: T h Adventures a Legal By 'John 'B. Licata 'features 'Editor of I was sitting in the Baldy Breezeway eating a sandwich and wondering what I could do to avoid reading yet another decision by JusticeTaneywhen a fellow student pulled up a chair. I guess I was looking sort of glum because he tried to put my mood in perspective with a sur- prisingly idiotic statement. "Who died?" He asked in a flippant manner so distinctive of the smug and indifferent. In that instant I hated him.. I hated this buffoon strolling around campus oblivious to his environment. I wanted to shatter his world and rip away his blinders. Linda Yalem, Ireplied quietly, Linda Yalem and Dma Marie Lesniak. He disappointed me by not being shocked. It was clear he did not know either woman and now he never would. It was clear that he did not know what had happened on the last weekend of September. Two women were killed in adisturbingly similardisregardfor human life. What words are strong enough to describe such acts? Crimes against humanity wore out by the end of the Nuremburg Trials, heinous acts has been bludgeoned into the head of law students across the country for a laundry list ofcrimes. I looked through himtothe courtyard beyond and could not stop wondering. In truth I did not know, and now could not know, either woman. So why did it bother me so much today? It wasn't proximity, it wasn't the particular element of the youth of the victim, it wasn't the thought of having known the victim. I have had these reactions to crimes before and have been disturbed by the possibilities of knowing the victim. When I left campus that evening tired from dodging the library I headed out to my car parked in a remote lot. As I entered the lot I noticed two women speaking near one of the few remaining cars. They immediately said goodnight and one got into her car and the other swiftly walked to another car which happened to be parked by my own reliable GM tank. I could sense the tension. HelenKeller could have sensed that tension, and she's been dead for a accomodations, or continue to struggle in silent agony, making lower grades due to lack of any accomodatio at all! I am particularly interested in first year students who are just beginning to realize they might have this handicap and don'tknow what to do! Please put a note in my mailbox. I can show you resources and materials so that you can learn more and then make a decision. In my case, I was "flunking out" dueto lack of notes, an inability to learn from the lectures, and I needed much longertime on the exams, by taking on the label of Gumshoe few years. At that moment I was never more secure in being a man and never more outraged at what systematically happens to the women ofthis society. It was as though I had been shoved into the role of the villain and dramatically made my entrance for maximum visual effect. Dracula would have to step aside for the Anonymous Malevolent Man. But I could not find fault with their response. It was the prudent thing to do. People are pointing to Linda as a warning, "Use the buddy system when you are running." Never run alone. Don't swim alone. Park in a well-lighted zone, walk with a friend, bolt your doors, don't list your name as a woman in the tele- phone directory, watch out for elevators late at night, have a nice day. The recurring nightmares that are broadcast for television profits and showing in glaringly lurid detail in magazines next to health and diet advertisements. I'm still waiting for the media to give a catchy name tothe suspect ofthis and two other sexual assaults in the samearea. Perhaps Geraldo will latch onto the event and have his viewers call in with suggestions withthe winner getting an all expense paid tour ofthe locations of great media crimes of the decade. Perhaps it would take too long. Kitty Genovese seems to have died in vain. I can't even remember if she died. She screamed on the front steps of a New York City townhouse throughout a horrific rape that included coffee breaks forthe rapist. Nobody responded. That is not what happened onthe UB campus the last weekend of September, but if we listen closely we can hear the cries for help from people everyday of their lives as they act in order to combat an oppressive fear that unrelentingly weighs upon their minds. I don't pretend to know what the fear is, I don't presume such insightful powers. But there is a fear on the campus that has unsettled me. I have since reconciled my hatred for my vapid acquaintence, and he has yet to ask me who died. Maybe he's been listening to the cries. handicap status, I am now for the first time, not anxious about goingto classes, not anxious about exams. I am actually enjoying law school! Isn't this the way learning is supposed to be? So let me hear from you and if there's enough interest, we might wishto reactive "Club 504" which is an established group disabled law students before us, organized and received funding from SBA. All of us are going towant and need accomodations on the BAR EXAM and by working together now, we can secure thatfor ourselves. So let me hear from you!!! �GROUND ZERO I've been arrested, and Last Monday I was sitting in my Federal Courts class. We were inthe middle of a fascinating discussion about the question of"ripeness" when we heard a commotion outside in the hall. Before we realized what was happening, the doors of our classroom were thrown open. We saw a column of students march past us. "No fees!" and "C'mon law students, join us!," they shouted. It was a good old-fashioned student protest, remarkable in this age of Young Republicanism. by Michael Gurwitz Layout Editor We've had a couple of good protests in this law school over the past few years: the blockading of Room 109 against the Jag Corps two years ago; the blockading of the CDO against the Jag Corps last year (forthose unfamiliar withthe Jag Corps, they are people with great big fangs, long hair all over their bodies, and big furry ears). The fee protest, however, was special. Hundreds of students marched through the school disrupting classes, recruiting members, chalking blackboards, and basically making a lot of noise. It was a pleasure to behold. Granted, it was annoying when the doors of our classroom kept flying open despite the valiant attempts of our professor and classmates to keep them shut. I personally alternated between smiling at the show of force, and frowning at the noisy interruptions (incredibly, I was actually interested in the ripeness discussion, and wanted it to continue). However, all things considered, the brief inconvenience created by the student protesters was more than outweighed by the positive energy of citizens engaging in non-violent political protest. Our country was founded on obnoxious displays ofcivil disobedience (CD) remember the Boston Tea Party? No doubt a number of Bostonians were upset at the temporary shortage of tea created by the action, and no doubt some frowned at the impropriety ofit all, but you must admit, itmade a hell of an impression on the British. The rest, as they say, is history. The protest had an immediate effect on our Federal Courts class. Several students left their seats and joined the march. Therestofusendedourripeness discussion (which had by then grown stale) and turned instead to the topics of user fees and student protests. Score one for the protesters: their concerns were now being shared and discussed by a heretofore preoccupied class oflaw students. Even if the demonstrators were not ultimately successful in forcing the withdrawal of user fees (as it appears they were not), they did succeed in forcing the topic into the minds and onto the lips of the members of the UE community. Askany political organizei what their goals are, and she or he wit undoubtedly tell you that it's to wake up their neighbors and inform them of the issues. Remember Tiannemen Square? Before the student uprising, people knew that there was repression in China, but hardly anyone was talking about it. It took a concerted effort by Chinese stu- — MAILBOX CONTINUED FROM PAGE 7 on social/legal/moral problems(or how to solvethem), I have always respected each of you because you deeply believed you were right and fought hard to change what you felt needed to be changed. But with this attempt at rallying hatred against the Federalists, an act that you know you won't be punished for, I lose all respect for you. Granted, I'm sure that you three will beable to still sleep tonight knowing my opinion of you now, but it is a sad commentary on you as individuals. I suggest that all three of you take a long hard look into a mirror; the image that you see staring back isn't as morally pure as you like to believe it is. Brian J. Lauri Federalist Society To The Opinion: I had heard rumors about a suit against the faculty and as a first year law student I was rather surprised and slightly amused. That was before I actually read the faculty statement and I am now deeply concerned. It seems a blatant disregard for views contrary to those expressed boasting of "open and unrestrained debate" yet in the same breath banning "all expressions . . ." that are "racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory." No matter how you look at it, this is an infringement offree speech and equal protection to thosewho may have contrary ideologies. The public harm in allowing free expression of different ideologies is no more and much less than many other legal activities. We learn in our first year of criminal law that passively watching a child be brutally beaten to death is legal. The Ku Klux Klan is legal. Bigotry is legal. While I do not condone acts of violence, I believe an individual's freedom of speech and equal protection should not be limited unless there is some overwhelming evidence thatthese limits outweigh the benefits of the constitutionally protected cornerstones of freedom. If the Supreme Court of the United States wholeheartedly endorses these freedoms why doesn't UB faculty? There is a more compelling argument than its legality. Rather than solving any problem, the effect of the faculty statement simply replaces one sub groupto be discriminated against with another. Instead of discriminating against gays, it endorses discrimination against homophobes. Some people are afraidof gays. Now instead of having gays hide, who not make it a punishable offense for anyone to express fearof homosexuals. Centuries of Christendom have heldthat homosexuality is immoral in the eyes of God. Is it now a punishable offence to hold to a heart felt moral and religious code? What about any moral code at all? Is this fostering acceptance of all? Or is it now justifiedto discriminate against those with different moraland religious beliefs? I fail to see how discrimination against homophobes and moral codes is acceptable yet discrimination against gays is not. The most frightening part of this statement to me is the range of potential retaliations the institute is prepared to take in its crusade. Threats to ruin not only a student's future at UB Law School, but to actively work to make sure that a designated "student should not be admitted to practice law [anywhere]." This is the entire future of the student. There is no more powerful arsenal available against an dents — I can't get up! including a civil disobedience —to awaken the world community tothe massive human rights abuses in China. Even though the protest was ruthlessly crushed, and even though President Bush kowtowed before the Chinese government, the demonstrators succeeded in raising the consciousness of millions of people. This can only help further the cause of human rights activists in that sad country. The point of all this is that if you have a concern, get active! If you see an injustice, fight it! If a group you agree with plans to engage in non-violent civil disobedience as a political tactic, join them and break the law! Every law student should get arrested at least once in his or her life, and participating in a non-violent CD is the best way to do it. For one thing, the crime you commit will probably be trespassing, or creating a disturbance. These are usually only violations, sometimes misdemeanors, but in either case, nothing too serious. Getting arrested is a good way of understanding just how important one's jobas a lawyer is. There's nothing like being in handcuffs to make one stop and think, "God, I wish I had a lawyer withme now!" Getting arrested in a civil disobedience is educational, humbling, and, if you approach it with the right attitude, fun. Think of all the stories you can tell your grandchildren... A word about police brutality: it exists, and unfortunately, it seems to be on the rise. If you participate in a CD and find yourself confronted by angry police (especially if they have "misplaced"their badges), stay calm and do not resist. This may sound wimpy, but the police have the sticks, the guns, and the training, and they will overpower you. Of course, the police may decide to beat you even if you don't resist. A man I know, devoted to pacifism,recently had his collarbonebroken byaboutfive goons in blue at an anti-hunting protest, even though he did not struggle. Don't let the possibility of police brutality deter you from political activism, but do be aware of it. UB law students are often accused of being obsessed with causes. Onthe left we've got the National Lawyers Guild. On the right we've got the Federalists. Are these two groups obsessed with causes? Probably. I certainly hope so, and I hope they continue to demonstrate, stuff mailboxes, and generally make noise. The crying shame is that there are so many causes to be obsessed with. Torture victims don't want you to be merely concerned with their plight. They want you to obsessed with their pain — burning mad! They don't have time for us to engage in courteous discourse while they lie naked in a cold cell. They want you to take to the streets, to take the streets, and rescue them now! Radical problems call for radical solutions. The fee protesters knew this. They couldn't afford the financial burden of the new fees, and they had run out of time to negotiate the busses were off and running, and you had to pay up, or stay put. I'm glad they marched, and I'm glad they annoyed. Non-violent civil disobedience is the American way. — A Den of Intolerance by Tom Winward A few years back, some horrible things happened in the law school's mailroom, the effects of which are still felt today. The mailboxeswhich are meantto carry important messages within the law school community were used by hateful cowards to intimidate otherlaw students. One effect of this was the drafting of the faculty statement. The statement, because I am a strong proponent offree speech and a person who believes in the interests the statement sought to protect, poses serious ideological problems for me. Another noticeable effect has been a heightened awareness of oppression, real or imagined, which unfortunately sometimes borders on hys- teria. The most recent mailroom incident is the hanging of several signs on mailboxes by students refusing the delivery of certain publication. At first I found that the posting of the signs bothered me but I couldn't figure out exactly why. The signs represent the freedom ofexpression that the school needs to promote. On a practical level, it seemed no differentthan having one's name removed from a bothersome mailing list. Whether the authors think so or not the signs are at least on one level intolerant and stereotypical. Let me caution you once again that I don't see them as being on par with threatening letters or dolls suggesting violence, but nonetheless the intolerance is evident. The signs read "Please no racist, sexist, homophobic federalist trash." This is a legitimate request but I thinkthere are better ways to post such a request. There is no problem with refusing the Federalist Papers nor istherea problem with refusing "racist, sexist, homophobic trash." However, I think that the two can be and often are mutually exclusive. In a society that brought us the moneygrubbing, self-involved Jew, the lazy, drunken Irishman, the AIDS-infected, child-molesting homosexual and the mentally inferior, welfare-collecting African-American, we don't need to create the racist, sexist, homophobic federalist. What we doneed is to recognize the dangers of stereotypes wherever, however and to whomever they occur. aspiring attorney. It is frightening that the institute would even contemplate much less threaten its use. I cannot believe there is no otherway to address these issues and concerns. If the two students involved have attempted in vain to persuade the faculty then I support them wholeheartedly in their suit. I have little faith in the "commitment to the requirements of due process" whenthe position isclearly stated that free speech will be tolerated only as long as it follows the company line. The stakes are too high. David Jones Ist year, Section 2 Tuesday, October 9,1990 • The Opinion 7 �Angela Gott Remembers -The Saga Continues... Disabled students in those days had been used to begging and groveling for help. They had not been socialized to think they had rights. They had always been given "charity" and handouts. This blind student was quite proud and had made many demands, yet he was denied almost everything he requested. He did not know there was actually a law passed to enforce his rights. I tried to raise his consciousness, but he was so burned out and frustrated that in the end, he quit and went to a sheltered workshop in Rochesterto make vacuum cleaner hoses for $12.00 an hour. I felt that if the system refused to accommodate a blind student'srequests, then I was certainly going to have a challenge in trying to get accommodations for a handicapping condition I had only recently discovered existed and only suspected that I had. Thus I began to get myself tested and evaluated for This is the second ofa two-partseries In January 1977 I heard some third year law students on the Blue Bird discussing their juvenile delinquent clients that they had picked up in the Clinic Program at Buffalo City Court. It was then that I first learned about a handicapping condition called "Specific Learning Disabilities". These students, in describing the learning and behavior problems of their clients, were describing problems I had kept secret all my life, believing I was the only person in the world who had such difficulties. I joined their conversation, asking all sorts of questions, and afterward went straight to Lockwood Library and ran computer searches to find out all I could about this "Specific Learning Disabilities" handicap. I was simply amazed at the books and periodicals that existed on this subject, and found it even more amazing that I, a n English Teacher certified to teach grades 7-12, in all my education, methods and materials courses, had never been informed about this entire body of knowledge! If the regular classroom teacher does not know ofthe existence ofthis disability or the characteristics of it, how then can the regular classroom teacher spot this condition in students? What if I had not been on the Blue Bird that January day in 1977? What if those students had discussed hockey instead? How long would it have taken me to ever discover there was actually a name to cover all the things I have never been able to do? Not only didthesethird year law students discuss "Specific Learning Disabilities", but they put me on notice about the new civil rights laws that existed to help people in schools receive accommodations and protections for this handicap! Immediately I thought of the blind student —I thought he needed immediate protections because he was "SpecificLearning Disabilities". The experience at that timehad been limited to discovering this disability in young children before the children learned how to fail. There was almost nothing on this disability being diagnosed in "adults," much less an adult whohad four college degrees and was in law school! Even I was a little skeptical. On one hand, I knew I had problems in spelling, math, penmanship, notetaking, attention span, physical coordination and hyperactivity. But I had always found ways to survive and to learn despite my difficulties. Now, in law school, the students generally ignored me or remained aloof. I felt it was due to the stigma that I had, being placed in Section 4 Legal Methods. I couldn't find anyone willing to lend me their notes or discuss cases with me orlet me jointheir study groups. It was this inability to find a means to survive and to learn, despite my learning problems, thatwas having a negative effect on my ability to learn law person like me, why shouldn't I try to get help and protections? Thus began a struggle that lasted for 13 years (1977-1990). I managed to complete 2 full years and a summer before I was made to sit out indefinitely. Those 2 full years and a summer actually spanned 3 and a half years. I was made to postpone a full year between my first and second years oflaw school. In that year, I completed my sth degreea B.A. in Human Services-Mental Health Advocacy here at SUNYAB. I was last enrolled in law school in the summer of 1979. I had no idea in January 1977 that asking for recognition and protections and accommodations under Section 504 of the Rehabilitation Act of 1973 was going toresult in having no choice but to file a lawsuit to receive the help I so desperately needed. I had no idea that my legal career was going to be arrested for eleven and half years either. I figured that if I could somehow manage to get help and protections, and accommodations, then surely everyone worse off than myself would be fully protected. I just didn't want to see anymore blind students be condemned to making vacuum cleaner hoses in sheltered workshops the rest of their lives, or sell soda pop and candy in Federal and State office buildings. (That's where the next blind studentwho tried to learn lawended up and still is there to this day!). My efforts to secure protections under Section 504 took me toWashington, DC several times to attend the President's Committee toEmploy the Handicapped (PCEH) Annual Meeting. There I got to meet a lot of learning disabled adults, including several learning disabled law students and lawyers. Knowing that I wasn't the only one having difficulties gaining accesstothis vast network gave me encouragement and staminatokeep fighting for just treatment. quagmire, I have managed to travel to 47 of our 50 states and to 38 countries. I have learned many things out in the real world that is impossible to learn in an academic setting. I am not really bitter about the long wait because I got to speak at National ACLD meetings and to meet a lot of great learning disabled adults across the country that I never would have met if those thirdyear law students had decided to discuss hockey that fateful day in January 1977. I am glad to be back at SUNYAB and its Law School, back in Buffalo, NY. I really miss my adopted state of California and the great parks, wilderness and ocean, but New York, particularly Western New York, has always had great scenery and plenty to do. Ninety-eight percent of all the faculty and staff here at the law school have given mea very sincere and supportive welcome upon my return. I really like all the law students I have met this first month of classes. You allremind me of students ofthe '60s very socially conscious and open to differences in people, and accepting of someone with special needs. I know the atmosphere and educational environment in Fall 1990 is 100% differentfrom the atmosphere I encountered fourteen years ago as a first year law student. You first year law students of 1990 are very lucky, very lucky indeed. In fact, I almost believe that had I entered law school in Fall of 1990 and requested notes from fellow students, I would not have encountered any hostility or rejection or attitudinal barriers and might never have been forced to realize that I actu- — ally have a disability, called "Specific Learning Disabilities". That's how very different it is here in this law school in 1990. I believe it is truly a miracle, but you would it's one of those things have to have been there in 1976 and been made to go through all the bad treatment to be able to appreciate fully — BAR/BRI GIVES YOU You can now register for BAR/BRl's Hew York, New Jersey, Connecticut, Maine, Massachusetts, New Hamp- W shire, Rhode Island, or Vermont Bar Review course with a registration ice of $50 or $100. You choose the jmount. To figure out your discount off the 1991 full tuition, multiply your Jown payment by two. Thus, if you put down $50, you save $100; If you put down $100, you save $200. The V V A ■ V fl H fl M ■ ■ ■■ ■ ■ ■ fl ■ A ■ ■ fl fl fl _H V choice is yours, but whichever choice -fl you make, H B ■ V V |S<« your Ul/11l '<p>iunl.uvi loi dcU)li.| M—m mM-J A M fl Remember: the last day for 2 for 1 registration is jb an m a \l JJHkVJIHLv. JBk ** J—«V / jWif f/\** W/f *Jll\ 4 8 Tuesday October 9,1990 M • The Opinion W I W ■ The Nation's Largest and Most Personalized Bar Review. 415 cn,h Suiu •*< Mcw *>•*» New York 10001 *»«""«' s»*-3»»4 (516)349-1030. (914) 684-OSO7 • (801) 683-3363 • FAXi (919) 643-9460 <m> *«* ' (617)695-93*6 «o'■* «•». Suiu »3l '"°*«on ' M"» «•«* • (*"> 69» 9955 • (803) 784-3910 • FAX: �Glimpses of the Soviet Legal System In May of 1988, upon the invitation of the American Bar Association and the Association of Soviet Lawyers, UB Law School's own Professor Margorie Girth led a delegation of forty American female attorneys tothe USSRfor 22 days. The expedition was a successful attempt at the exchange of legal ideas between America and the Soviet Union. One of the first groups to embark on such an expedition, it also was one of the earliest to stay as long as it did. The group of attorneys journeyed for eight days in Moscow, five days in Kiev, and one week in Baku. by Maria German? Editor-in-Chief On September 25th, the International Law Society presented Professir Girth on her impressions or "Glimpses ofthe Soviet Legal System" gleaned from the three-week trip. Prof. Girth discussed what she unearthed about the Soviet legal system, as wellas her experiences as part of a delegation of one hundred percent female attorneys and the Soviet reaction to such a delegation. The differences between the Soviet and American legal systems are quite remarkable. While the goal of a trial in both legal systems is the search for truth, the methods of itsattainment differ done, procurators are sure they have the right person. If the judge has a problem with how a dossieris prepared, he will send it back. Professor Girth notedthe "tone of consciousness" which permeates the preparation of dossiers; and are poorly paid—which might acprocurator a would be highly embarof fecount for the higher percentage if judges rassed sent back alot of dossiWhen Girth male attorneys. Professor Not surprisingly,the ers. conviction rate further, this issue she was told pressed 98-99%. in the Soviet Union is pretend to They by a Soviet attorney, District Courts in the Soviet Union are pay us, and we pretend to work." In reference to the search fortruth, Profesthe counterpart to our State Supreme sor Girth notedthat the Soviets "couldn't Courts, but cover lessgeography. These understand our notion thatthe quality of District Courts handleboth civil and criminal matters. Each judge works in conadvocacy can play such a role." one repUnion, attorney junction with two lay assessors who the Soviet In through the District Courts. in multipleall defendants a rotate resents defendant trial. There are no distinc- Conceivably, two lay assessors could tions among defendants—the law treats outvote a judge. There have been inall defendants in a multiple-defendant stances ofsplit votes, but no Soviet reccase as equals. The concept of sever- ollection of any instance where a judge ance does not exist, and all the defen- was outvoted by his two assessors. Compared to theirAmerican counterdants are seated together in what would be the equivalent ofour jurybox. Armed part, Soviet judges have a much lower police strategically stand in front of the status in their system even though they defendants, but outside of the "defen- are the predominant actors in a courtdants' box" at a distance of every two room. A Soviet trial is basically an accounting process to make sure the seats. One of the most prestigious legal podossier prepared by the procurator is sitions in the Soviet Union is that of the correct. The judges doall the questionprocurator. Procurators supervise the ing and are not to use any initiative in broad administration ofthe judicial sys- their judgement. There is not alot of tem. Procurators prepare dossiers on room for development, and no concept the defendants. By the timea dossier is of legal precedent exists. There are no rules of evidence, and anyone who has enormously. In the Soviet Union, the chief functioning institution is the legislature. A Soviet attorney is more of a beaurocrat than a professional. Lawyers do very little ina Soviet courtroom, Prisoners' Rights Cast in Doubt by Lenny Cooper United States today, prisoners' concern. Last Thursday. Doris Carbonall-Medira rights is an issue of growing of Prisoners' Legal Services spoke out on this subject at a brown bag luncheon jointly sponsored by the Prisoners' Task Force, BPILP, and the National Lawyers Guild. Ms. Carbonall-Medira. a 1987 UB Law graduate, has spent the last three years addressing concerns of prisoners which broadly range from the enforcement of their due process rights to the treatment which they receive while incarcerated. ThePrisoners' Legal Service, which has offices in Buffalo, Ithaca, Watertown, Poughkeepsie, Pittsburgh, and New York City, is a non-profit organization funded by New York State. It was created in the early 1970's in response to the Attica riots. Ms. Carbonall-Medira stated that "[Prisoners' Legal Services] is the only nonprofit organization which services this sector ofsociety." Ms. Carbonall-Medira points out that the organization is severely underfunded. Her office consists of only two full time attorneys, two parttime attorneys, and four paralegals. The organization handles civil matters which involve inmates. A major part of Ms. Carbonall-Medira's work is dealing with the repercussions of prison disturbances. When a prisoner violates the rules of the prison where he is incarcerated, he receives a "misbehavior report" which cites his violation. Multiple misbehavior reports can lead to time in prison, and therefore greater exposure to brutality, according to Ms. Carbonall-Medira. She went on to allege that the officers took twenty-five minutes to subdue the inmates by beating them unconsciousness. An investigation of this situation resulted in the dismissal of two officers, including one who was responsible for videotaping the confrontation but who was allegedly "forced" to stop filming as the violence escalated. Ms. CarbonallMedira stated that the videotape produced cast doubts on the veracity of the With the poor state of many prisons in the officer's claim. Violence between prisoners and guards is a continuing problem. "I feel you are going to have a lot more," stated Ms. Carbonall-Medira, "The bottom line is that they are convicted. That's it. Very few people care about them." Ms. Carbonall-Medira feels that this situation results in a very narrow due process definition for inmates. Investigative hearings offer scant hope for prisoners. "Ultimately, it is the word of the inmate against the guard and inmates do not have much credibility in the system." One of the problems which a lawyer faces in working with prisoners is that of establishing a rapport with the client. Ms. Carbonall-Medira stated that prisoners have a very limited view of the world: "They are paranoid and suspicious of lawyers." This can transform a period of non-communication between lawyer and client to become a confirmation of fears that the lawyer is plotting withthe wardentoconspire against the prisoner. Ms. Carbonalt-Medira felt that this problem was partially alleviated for her in dealing with black and hispanic prisoners: "As a lawyer of color I can get around the barriers. Yet despite my ability to get along, there are communication problems." Thefinal message which Ms. Carbonall-Medira imparted to heraudience was one of guarded hope: "This is an issue which is ripe in our society. But the only way we can get change is if someone says: 'This is not right.'" Students interested in learning more about this issue can contact the Prison Task Force program which is run by UB law students. There is a Task Force sign-up sheet in the law school mailroom. anything to contribute is welcome to stop by and do so. The court can be- contested elections, but judges resisted: election campaigns and the accompanying baby-kissing and hand-shaking they demand are alien and somewhat awkward customs the judges were sure to find extremely uncomfortable. In responseto Gorbachov's demands, one round of elections was held. The Soviet "consensus" was that the contested elections were not really working out. MARJORIE GIRTH Today, Soviet judges are appointed to their positions. A major difference between the Soviet andAmerican legal systems isthe Soviet inexistence of any kind ofproceeding for comea free-for-all—something perfectly acceptable to the judge. It is all just a part of the way of getting closer to the truth. Differences between the two legal sy sems are attitudinal as well as procedural. Professor Girth's description of trials shewitnessed was of procedures juvenile defendants. Professor Girth — possessing deep moral overtones "almost religious." "It is verydifferent in tone to what we're used to seeing." Defendants are viewed as a great disservice to "the cause." A photograph of a bribery trial of six former officials from the Republic of Uzbekistan who served during the tenure of Leonid I. Brezhnev, was distributed by Professor Girth. First published in the September 7,1988 issue of The New York Times, the photograph accurately depicts this religious/moral tone of which Professor Girth spoke. Soviet citizens are truly humiliated as much as they are sanctioned; defendants hanging theirheads down at trial may well be depicting the level of humiliation they experience. Soviet judges not only play their judicial roles, but also realize and actively participate in the educational process of Soviet citizens. Professor Girth told a story of a trial she witnessed for a minor fender-bender; the presiding judge lectured the parties for thirty minutes, telling them that their kind of sloppiness would not be tolerated in the kind of society Soviets sought to attain. Such a scenario further depicts the moral overtone and intensity of the commitment to creating a perfect society. Professor Girth attributes this "religious" atmosphere to the influence of the Communist Party—particularly in the areas of judicial selection and legislative developments. In 1988, the Politburo wasthe organization which setthetone: Communism was a goal they were still reaching, and the Communist Party had the leadership role of moving Soviet society towards it. It was clear thatthe party had a duty towards the attainment ofthis goal and the party had to play its part. Up until 1988, all judges were elected, and none were contested. noted "genuine mystification" when the American delegation inquired about juvenile justice. In the Soviet Union, if thebehavior is criminal, the defendant is tried as an adult in court—regardless of the defendant's age. Any other legal matter involving children does not even gotocourt. There is virtually no intermediate category for youngsters. Instead, Soviet citizens form"Comrades Courts." Comrades Courts are actually committees formed from the relative community and discuss the appropriate way to modify behavior and supervise redress of a delinquent person. Professor Girth noted the ease in which Soviet custom permits one neighbor to confront another about his disruptivechild. "People in neighborhoods feel quite free about going up to others and saying 'You have to bring your child under control!'" As recently as a few years ago, the informational exchange of legal systems was not only controversial, but unthinkable. The Association of Soviet Lawyers is not a counterpart to the American Bar Association. Likeeverythingelse.it is a state-sponsored group. Professor Girth's was the first all-female delegation to embark on such an expedition. This was quite unusual for the Soviets, to say the least. The hosts were eager to meet their American counterpartsand overall received the American delegation very hospitably, despite initial disbelief that it was comprised solely of female attorneys. Professor Girth noted that the Soviets were very worried that the American delegationwould return to America with a negative impression. "There was alot of 'getting to know you.'" The journey to the USSR, and the exchange of ideas between the two countries was a notable success. Since May 1988, visits have become more routine for the Soviets. Nominees were chosen by the Communist Party. Mikhail Gorbachov wanted Tuesday} October 9, .1990/?rTheOpinion, 9 �PUT THE KNOWLEDGE OF LAW IN ORDER J U U l U Uiv /> \ * i — — ■ 0 f\ 0 f\ 1111 l f)'i\ |I < it) iniimiiinm \$ p. f\ |i»^r« : | inniiiiiiii<n. Study with Pieper...and pass. - Pieper New York Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 ( _. A^orUjftri.J O ' — 1 I y / , Vr«.t»mf+»tlie\ I wonderful (Si** VI ®mo parxiL. i*rnnvDn/ �The Docket EVENT: DATE/TIME: PLACE: LOWDOWN: Lecture by Dr. Naseer 7:30 pm Tuesday, 10/9, Room 106, O'Brian Hall A critical look at the Gulf Crisis, sponsored by the NLG and the Graduate Group on Human Rights. Hibernian Hash Friday, 10/19, Checker's Bar EVENT: DATE/TIME: PLACE: DATE/TIME: PLACE: EVENT: DATE/TIME: PLACE: LOWDOWN: - 10 pm AWLS General Meeting Monday, 10/22, 3:30 pm Ist Floor Lounge, O'Brian Hall EVENT: Censorship in the Arts? 5 pm Wednesday, 10/10, 6pm WBFO (88.7 FM) AUTUMN LAW SERIES Room 106, O'Brian Hall discussion and documentary by Artpark protesters featuring Tony Conrad, Barbara Lattanzi, A panel Wednesdays at 9:25 am and Elizabeth Licata. "Issues in the Confirmation of Supreme Court Nominee 10/3 David Souter", with George Kannar. EVENT: "Saddam Hussein and the Bomb: Nuclear Proliferation in Third Worlc 10/10 "Fetal Protection Policies in the Workplace: Johnson Controls", with Lucinda Finley. DATE/TIME: Wednesday, 10/10, 7 pm 280 Park Hall, Amherst Campus A discussion by Professor Claude Welch of the Political Science Department, sponsored by the Nuclear War Prevention Studies Graduate Group. Countries." PLACE: LOWDOWN: Guide' to the Great Lakes Watershed: "A Health Effects of Toxic Contamination", with Barry Boyer. 10/17 "The Social Effects of Population Control: The 10/24 Choice Between Overcrowding and a Generation of Spoiled Brats", with Isabel Marcus. r EVENT: DATE/TIME: PLACE: LOWDOWN: JAG Corps Press Conference and Rall^ Thursday, 10/11, 9 am In front of the Sears law library Students who disagree with allowing JAG recruiters to use CDO money and facilities, because of JAG's discriminatory policies, will be voicing their discontent. EVENT: DATE/TIME: PLACE: LOWDOWN: EVENT: DATE/TIME: PLACE: LOWDOWN: EVENT: DATE/TIME: PLACE: LOWDOWN: EVENT: Treasurer's Meeting Thursday, 10/11, 6 pm Room 109, O'Brian Hall Mandatory meeting for treasurers of all law school organizations. National Coming Out Day Thursday, 10/11, All Day' All over! A chance to raise awareness of gay and lesbian issues on campus and across the globe. "The Federal Judiciary After 200 Years: Have the Courts Become Too Powerful?" 1 pm Saturday, 10/13, 10:30 am Canisius College Student Center A forum on judicial activism since the establishment of the Constitution. - "The Balancing Act: How Women Lawyers Balance Professional and Personal Life." DATE/TIME: PLACE: LOWDOWN: "Babies With Guns: The Drug Wars in American 10/31 Cities", with Muhammed Kenyatta. 11/7 "Employee Ownership of Businesses", with Peter Pitegoff. with Ken Joyce. 11/14 "Right to Die", 11/21 "Are Corporate Takeovers Over?", with John Schlegel To: First Year Law Students First year law students are needed to volunteer as clerks for 4th Annual Charles S. Desmond Memorial Moot Court Comthe petition. The competition will be held on October 23,24 and 25. There are tworounds each night. The first begins at 6:30 p.m. and the second at 8:30 p.m. Clerking provides firstyears with a good opportunity to see what the competition involves. Each clerk is assigned to a room on the night of the competition. The clerk is responsible for greeting the judges when they enter the room. timing each of the four competitors' oral arguments and adding up the scores of the competitors to determine the winning team. The time involved is minimal. You can volunteer for one round of one night or all three nights. We will hold a brief meeting to explain the exact procedures to followwhile clerking. If you are interested please leave your name and number in Box #596. If you have any questions, please contact Maurine Berens or Pierre St. Hillaire. P.S. For those planning on competing next year, clerking is an invaluable experience. 3 pm Monday, 10/15, Ist Floor Lounge, O'Brian Hall AWLS & Women's Bar Assoc.Presentation. PHI DELTA PHI NOTICE The International Law Fraternity Phi Delta Phi has completed plans for this semester's events. Phi Delta Phi is a legal society dedicated to promote a higher standard of legal ethics. It is the oldest professional fraternity in North America, being nine years older than the ABA, and is also the largest legal fraternity in the world. Daniel's Inn, the Buffalo chapter of the fraternity, was just recently reactivated and hopes to continue its growth and importance in the law school. This semester, Phi Delta Phi plans on presenting a video lecture series on legal ethics to those students preparing to take the MPRE's, and also to hold a presentation for the first year students on preparation for final exams and how to make outlines. On the lighter side, Daniel's Inn plans on holding a team relay race on October 19th, with different organizations and teams vying for top law school honors. Phi Delta Phi will be initiating new members this fall, and strongly encourage all students to stop by their information table that will be set up soon. Despite many misperceptions, Phi Delta Phi follows the Buffalo Model in admitting new members, and considers many other factors besides grades when selecting new members. The society is open to all students, and everyone is strongly encouraged to apply. If you have any questions, please feel free to leave a note in Box #852. SBA COMMITTEE NOTICE Due to the lack of students willing to interview for committees, the SBA is actively seeking students to participate on the following committees: *1 Anti-discrimination *2 Committee on Special Needs 3 AcademicStandards 4 Academic Policy 5 Library Committee 6 Mitchell Lecture Committee (* means letterof intentrequired) 7 Student Representatives to Faculty Meetings 8 Buildings and Computers 9 Social Representatives 10 CommencementCommittee n Maintenance and Public Order 12 Board Member for Campus Childcare If you are interested, please sign up for an interview. Committee descriptions and sign up sheets will be posted onthe SBA door October 9th. Letters of intent are due October 12 in box #692. Actual interviews will take place Tuesday through Thursday, October 16 -18 at 6 pm, in 101 O'Brian Hall. Notice of interview times will be posted Monday, October 15 on the SBA door and outside inthe glass case. If you have any questions about committee histories or duties, please see any of the executives or directors, orleave a note in box #692 (Taunya Hannibal). If you have already submitted a letter or have been interviewed, it is suggested that you repeat the process, since new interviewers will be present and may not have had the chance to speak with you personally. If you choose dolto re-interview, a summary ofyour previous interview will be given. Tuesday, October 9,1990 • The Opinion 11 �I WE'RE NOT THE BEST I BECAUSE WE'RE IDE WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW ® 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1990 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b8ba327bb4d8f072be7fe8f702c21c4c.pdf cb6679c5c2c5b08670530ef3e25520eb PDF Text Text Buffalo to Host Progressive Law Conference by Nathaniel Charny Staff Writer U.B. Law School has been selected as host forthe 1990 National Lawyers' Guild Mideast Regional Conference, accordingto Conference organizer Tara Burke. The Conference is scheduled for the weekend of October 5-7, 1990, at the Buffalo State College Classroom Building. 'This is going to be a fantastic weekend," says Burke. "Attorneys, law students, jailhouse lawyers, paralegals and community activists from around the region will all be gathering in Buffalo to work, caucus and party." The conference will kick off on Friday night with a panel discussion on the 1971 Attica Prison Uprising and the litigationthathas resulted from that event. Assembly Leader Arthur Eve will lead the panel, which includes several attorneys who worked on the litigation arising from the uprising as well as attorneys who are presently involved in At- tica litigation. The evening will begin with a short film that presents an account of the uprising, followed by a panel of people who are intimately connected to the events that followed. Saturday and Sunday will be filled with workshops and seminars on a wide range of issues. "We are lucky to have so many active and involved people from our region," explains Gretchen Stork, one ofthe conference organizers. 'The workshops, on issues such as immigration law, prisoners rights, international human rights, drug war hysteria, and national health care, will be led by attorneys and activists who are right on the leading edge of these issues." For example, a Saturday workshop led by Karrie Moss, a New York Attorney from the ACLU Women's Rights Project, will be on the criminalization of reproductive behavior, a recent developmentin the fieldofreproductive rights. In addition, several professors from the lawschool will also be involved. Isabele Marcus will be speaking at the workshop on human rights and Jeff Blum will be involved with the workshop on progressive responses to the waron drugs. Saturday night will begin with a dinner at the Unitarian Church, followed by a dynamic and exciting pair of keynote speakers, according to Burke. Aronette Diaz, a lawyer and President of the Democratic Nationalist Union Party of El Salvador will be speaking with Milu Vargas, a member of the Nicaraguan National Assembly since 1984 and founding member of AMLA E, a Nicaraguan feminist organization. The speakers will be followed byan all-night WorldBeat Dance Party with AZUCAR. "We are really excited about the weekend," commented Burke. "We expect a huge group from around the region and hope that students from Buffalo will recognize what a great opportunity this is." The registration fee for the conference is $30.00 for students and paralegals, $65.00 for Guild attorneys and $75.00 for community members. The fee includes materials and workshops, breakfasts and dinner Saturday, as well as the party Saturday night. These fees can all be reduced or even waived. "We will not turn anyone away who is interested because they can't afford thecosts. Just let us know what you can afford to pay. Our priority is getting people to cometothe conference and participate," says Stork. Students are invited and encouraged to participate in the entire conference weekend, or are invited to attend particularactivities. For example, students may attend just the Attica Panel, the World Beat Dance Party, or any of the workshops that they are interested in. For more specific information on the conference schedule, or to reserve a spot, contact Gretchen Stork at (716) 885-0521, Tara Burke at (716) 885-6663, or stop by the National Lawyers' Guild office in O'Brian, room 118,orthe Public Interest Office in O'Brian, room 509. TO HE PINION Volume 31, No.,4 September 25,1990 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW The Stealth Candidate: Is he Souter-able? ton, D.C. power brokers. Nominees to by Maria Germani Editor-in-Chief Undoubtedly, this week David H. Souter will be confirmed as the 105th Justice to serve the United States Supreme Court. After three days of testimony before the Senate Judiciary Committee, the country judge from New Hampshire has left little doubt about his command of legal precedent, modern law, and the politics of judicial confirmation proceedings. (The latter most certainly an oxymoron for recent cave escapees.) Three years ago, the nomination and derailment of Robert Bork as Supreme Court Justice illuminated the fact as never before that from then on, the determination of future prospective employees of the Court would no longer lie with the discretions of a court-packing President or select cadre of Washing- the Court would now be subject to the populace-at-large conducting their own national litmus tests. Gone arethe days of the smoke-filled rooms of the President's personal quarters where the ultimate determinations were made. Personal motives and agendas as well as who you know have always played a decisive role in the resume game in Washington. But this is different. This is the Supreme Court: the bastion of democracy distanced and irreverent to an ever-changing political climate of voting booths, approval percentages, and PACs in its pursuit of"Equal Justice Under Law." The politics behind the nomination and confirmation proceedings of judicial appointments to the Supreme Court are not a post-Bork phenomena. Who youknow has always played, and stillplays a major role in the world of Washington: David Souter is where he is today not only because of SBA Election Results Ist Year Directors; 2nd Year Directors: Sloane Smith Aida Reyes Hank Nowak Erik Marks Alexandra Atrubin Brian Madrazo Daryl Parker Jim Maisano Darryl McPherson VitoRubin Marc H irschfield Kellie Muffaletto 3rd Year Directors: Mark Steiner Benny Cooper, Debbie Mulbauer, Angela Gott, Jonathan Johnsen, John Winciek his own intellectual gift, but more importantly because he was rubber-stamped by John Sununu-President Bush's White House chief-of-staff and former Governor of New Hampshire who appointed Souter to that state's supreme court in 1983. Although the life-tenure status of Supreme Court Justices is to help ensure the Court as an apolitical institution, the very nature of the Court's function and impact inherently subjects it to the political machinery of our society. Judge Souter's responses before the Senate Judiciary Committee gave me flashbacksofThe Dating Game-thetelevision game show aired in the 1970s where eligible bachelors and bachelorettes diligently responded to questions with all the right kinds of answers, in the hopes of becoming The Chosen One of the show. Souter gave all the right kinds of answers too. His cautious responses appeased many, but certainly not all: abortion rights groups are the most vocal advocates against Souter's nomination, and one conservative group opposes his nomination because of the judge's membership on the Board of a certain hospital where abortions were performed. His biggest hurdle was to pass the non-Bork test, and that he did. Judge Souter played "the game' well indeed. Newspaper accounts of his "polished testimony" and "performance" led one to wonder if he was up for a position on the highest Court in the country, ora leading part in a play. The stakes are much higher in this game, and Souter iskeenly aware of it. Victory is not an all-expense-paid, week-long trip to Las Vegas. In 'Dating Game' lingo, victory is the equivalent of marriage to the chosen eligible bachelor (no pun intended) "till death [or self-determinedretirement] do us part." The ever-growing intense interest displayed by numerous American fac- tions in Supreme Court confirmation proceedings is like a double-edged blade: the rising numbers and decibels ofinterested groups reflect the growing awareness of the importance attached to the nominating and selection process ofthe Justices. This isthe only time any person or group has any say on the subject. This growing awareness in turn highlights the Court's position of signifi- cance. The flip side of increasing interest in the confirmation proceedings resonates with the public's distrust of the administration basing its decision of a nominee on something otherthan credentials and competence gleaned from a track record. So who isthis mystery man from New Hampshire whose relative obscurity certainly worked in his favor? Where does he lay on the ideological spectrum? Liberal groups are uneasy despite Souter'sreassuring generalities of hisviews concerning the Court's protection of individual rights, and his rejection of an original framers' intent interpretation of the Constitution. Conservatives are hoping they will be happily surprised like they were with Justice Anthony Kennedy. David Souter has shed little light on how he would vote on some of the most divisive constitutional issues facing the country. The Senate confirmation vote on Judge Souter will most likely take place by week's end. The Court's session begins in less than one week. Stay tuned. HIGHLIGHTS Faculty Statement Survey pg. 2 Abortion Regulations pg. 3 The long road to law school pg.s �PUT THE KNOWLEDGE OF LAW IN ORDER Study with Pieper... and pass. Multistate Review, Ltd. Pieper New York Bar 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 The U.B. Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment has aroused a great deal of controversy, including a lawsuit. Hate speech and administrative attempts to deal with it are divisive issues on college campuses across the nation. The Opinion is interested in your opinion. Please take a moment to complete the survey and drop it off in either Box 677 or 808. The results will be printed in our next issue. , Please check off your answers. lam a: FACULTY STATEMENT REGARDING INTELLECTUAL FREEDOM, TOLERANCE, AND PROHIBITED HARASSMENT — , first year _second year third year faculty □ The faculty statement should remain in effect. J p~] The faculty statement should be withdrawn. £J lam indifferent. (J Other (please explain). Every intellectual community worthy of the name thrives on sharp and heated controversy—on the free and full expression of opposing ideas and values; on impassioned arguments for, and equally passionate arguments against. Given the particular professional skills required for the practice of law, law schools, including this one, especially prize and encourage such unencumbered give-and-take, the more lively and uninhibited the better. Because both the common law and two centuries of Constitutional tradition have long given American lawyers a special role in assuring fairness and securing equal treatment to all people, our intellectual community also shares values that go beyond a mere standardized commitment to open and unrestrained debate. We support the particular values shaped by the special traditions and responsibilities of the legal community to which all of vs—students and faculty alike belong. Any and all expressions of bigotry, prejudice and discrimination are abhorrent to these traditions; they not only detractfrom the person uttering them, but reflect poorly upon the profession as a whole. By entering law school, and joining this legal community, each student's absolute right to liberty of speech must also become tempered in its exercise, by the responsibility to promote equality and justice. Therefore, it should be understood that remarks directed at another's race, sex, religion, national origin, age or sexual preference will be ill-received, or that racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty, wherever and however tney occur. We note with dismay recent acts of harassment, intimidation, andassault against persons of color and other groups which have taken place on campuses around the country, and which have often gone far beyond the bounds of constitutionally protected speech. Concern regarding such inappropriate and often outrageous behavior compels the faculty to add a clear and specific warning concerning any such acts that may occur in this school. It is the policy of this law school to take strong and immediate steps against any and ail such behavior. The means of doing so will always be informed by the faculty's strong commitmentto the requirements of due process but will not be limited solely to the use of ordinary university disciplinary procedures, where such acts indicate that a student may lack sufficient moral character to be admitted to the practice of law, the school can and will make appropriate communications to the character and fitness committees of any bar to which such a student applies, including, where appropriate, its conclusion that the student should not be admitted to practice law. In addition, in appropriate cases, the school will not hesitate to act upon its legal and ethical duty to notify state and federal law enforcement authorities of such acts, and to cooperate with those authorities in their investigation and prosecution. Although the faculty is prepared to exercise such sanctions, we hope and expect that the occasion to do so will not arise. Thus, we expect that students will accept, and act in accordance with, the moral obligations of the profession and this community and honorthetraditions of fairness, equality and respect for others that sustain the legal profession and inform the culture of this law school. Adopted October 2, 1987 Submit to Box 677 or 808 I 2 fuesday September 25,1990 ■ I The Opinion �New regulations threaten freedom of choice by Maria Schmit Managing Editor In its upcoming term the Supreme Court will hear and presumably decide upon the constitutionality ofthe present regulations that prohibit federal funds from going to public and private nonprofit agencies that provide any information and nondirective counseling on abortion. So far, three circuit courts have ruled on this issue. The Second Circuit has upheld the validity of the present regulations while the First and Tenth Circuits have declared the regulations to be unconstitutional. Title X of the Public Health Service Act was enacted by Congress in 1970. This Act authorizes the Secretary of Health and Human Services to provide funds by way of grants to both public and private nonprofit providers of family planning services. While Title X funds have never been used to pay for abortions, since 1981, public health providers have been permitted to provide referrals and other nondirect forms of counseling on abortion. However, in 1988, after seventeen years of such a policy, sections of the Act were reinterpreted and new regulations were put intoeffect by thethen Secretaryof Health and Human Services, Otis Bowen. These new regulations restrict grants to nonprofit providers who give no advice or information on abortion as a possible option. Under these new regulations, defining how Title X funds are to be implemented, any family planning provider who gives such information will lose all Title X funds. Since 1988, these new regulations have been challenged in district and circuit courts. The Second Circuit was the first appellate court to rule on this issue. On November 1,1989,the Court ruled on The State Of New York v. Sullivan 889 F.2d 401. The Second Circuit affirmed the district court ruling upholding the regulations. The Court ruled that the Secretary's interpretation of the Act was within his authority, that the regulations posed no violation of a women's right to privacy, and thatthey violate neither women's norfamily planning providers' right to free speech. The loss of these services will result in an increase in AIDS and other sexually trans- mitted diseases The Second Circuit decision was followed by a First Circuit ruling to the contrary. On March 19,1990 the First Circuit, sitting en bane, ruled on Commonwealth of Massachusetts v. Secretary of Health and Human Services 889 F.2d 53. The district court found the regulations unconstitutional and issued an injunction enjoining enforcement of Title X regulations. The First Circuit affirmed the district court's ruling. Shortly afterthe First Circuit decision came down with its ruling, the Supreme Court granted Certiorari to hear the Second Circuit case, NewYorkv.Sulliyan 110 S.Ct. 2559 (May 29, 1990). Secretary of Health and Human Services, Dr. Louis Sullivan, filed a petion for certiorari on the First Circuit case on JuneB,l99o. Since then, another circuit has ruled on this issue. In Planned Parenthood v. Sullivan. _F.2d_ (1990), the Tenth Circuit joined theFirst Circuit in holding that the new Title X regulations were invalid. The Court found that the regulations violated a woman's right to choose, and her physician's right to inform. It affirmed the permanent injunction against the im- plementation of the regulations. With the circuit courts split over this issue, the Supreme Court will decide the constitutionality of the new regulations. The Court's decision will effect the First and Fifth Amendment rights of family planning providers who are the recipients ofTitle X funds. Women's rights to privacy, to be informed, and to make informed decisions will also be affected. The Court's decision will also decidethe fate of many family planning clinics. The loss of funding will work a severe hardship on medical providers. While Title X funds are not usedfor abortion services, many clinics which receive these funds have abortion facilities on the premises, and it would be prohibitively expensive to separatethefacilities' services. Should the regulations be held valid, many clinics will lose theirfunds and be forced to close. This will especially hurt the over fourteen million women being served by these Title X funds, over ninety percent of whom live approximately 150 percent below the poverty line. (Commonwealth of Massachusetts v. Secretary ofHealth and Human Services 899 F.2d 53). For example, the South Bronx family planning facility, which serves over 6000 women, the vast majority of whom are poor, is speculated to close if Title X funds are cut. If this clinic shuts down, the women it serves will be left without medical services (these women cannot afford an appointment with a private gynocologist). The loss of these services will result in an increase in AIDS and other sexuallytransmitted diseases, and an increase in the number of pregnancies, especially among young teenagers who rely on birth control information and birth control devices currently provided by the clinics. This in turn will put a further burden and strain on the already overworked and understaffed clinics serving poor communities. Ironically, the loss of family planning clinics funded by Title X grants will result in the very problem that the backers of the new regulations seek to avoid: an increase in wanted pregnancies and consequent abortions. The likely appointment of Judge David Souter to the Supreme Court increases the odds that the privacy rights guaranteeing women the freedom of choice to have an abortion (see Roe v. Wade.4lo U.S. 113) may be withdrawn and thrown back to state legislatures. That possibility, coupled withan increasing national debt, rising medical costs, and narrow health coverage offered to employees on the job, and, of course, the new Title X regulations, signalsrenewed conflict between pro- and anti-choice factions. First Meeting for Adcvocacy Group On Monday, September 24,1990, Rebecca Eisen and Catherine Cerulli discussed the goals and objectives of the newly organized advocacy group aiding victims of domestic violence. Approximately thirty-six law students attended the organizational meeting. Issues discussed included the role of the new group in coordination with the Volunteer Lawyer's Guild, Legal Services, and the Erie County Bar Association. Committees were formed write a consitution and to plan atraining session. The times and places forthe committee meetings will be posted throughout the halls of the law school. Requests for information should be addressed to either box #327 or #357. Why I love America (and other cynical observations) by Daryl McPherson Stoff Writer In these trying times, I'm forced to ask myself what it means to love America. Does it mean love of country or love of the capitalist system? Or is it somekind of mixture of both? I ask these questions because I'm starting to wonder what America is all about. These past few months, perhaps these past few years, have shown a resurgence of nationalism. People get so reactionary when it comes to the symbols of our country. At first glance, one would think that Americans wore their patriotism on their sleeves. But that's the point, they don't. Americans are content to love America quietly and privately until someone somewhere disturbs our personal notion of what America is about. For some, it's flag-burning. For others, it's anthem insulting. But may I ask when was the last time the majority of the noise-makers actually honored the flag or sung the national anthem without the benefit ofa national holiday orsporting event? Sure, some people in the crowd actually display legitimate national pride, but what good is worshipping the symbols if you don't understand what they stand for? It blows my mind that some people can't see that tolerating flag-burning is the ultimate expression of American freedom. I equate it with the alleged sacrifice Jesus Christ made for human- ity. Pleading forgiveness for those who have killed you because you love them says a lot about how much you care. If the son of God can die for our sins, is it too much to ask for a piece of cloth to "die" for our liberty? For years I 'ye heard peoplecomplaining about "The Star Spangled Banner." We've all heard how hard itis to sing,the tune is an old drinking song, it's about war, etc. Many people think "America the Beautiful" would be a better national anthem. Personally, it really doesn't matterto me. But is it a betrayal of the "Banner" to speak against it in favor of the "Beautiful?" I'd like to think most people would say no, and recognize that this is clearly free speech. Therefore, speaking against the Anthem is generally allowed. Unless, of course, you're Irish. Forthe most part, the SineadO'Connor controversy is over, but I'd still like to comment. I couldn't understand what the controversy was about. Rock stars always have unusual demands in conjunction withtheir concert performances. Some like video games, some trash the place if they find a red M& M inthe candy bowl. Is it so strange that a person like Sinead O'Connor would request the anthem not be played? Right now, America is in the middle of an internationalcrisis that could blow up into an all-out war. After Vietnam, no one wants American soldiers killed in action without a good reason. While I feel (Heaven help me) that Bush is doing the right thing, I think we should be honest about the situation. The Gulf Crisis isn't about restoring the rightful rulers of Kuwait, it's about oil. We're trying to protect the world economy and American interests in oil. (Though as Michael Gurwitz pointed out in the last issue, it's not our oil.) We don't fight for values and principles anymore. Now and forever, we fight for money. Forthe most part, Americans approve of this action, and so do I tentatively. Still, I can't help but feel there's a better answer to all this. If American policy was geared more toward developing alternate energy sources and technology instead of supporting the old industrial complex, we wouldn't have to be involved in this mess in the first place. If America could have said,"we don'tneed anybody's oil," we wou Idn'thave to worry about losing millions of dollars to this fruitless military exercise. Americans approve all right, but that's because we have no choice. It would take years to put our other options in effect. Capitalism is a strange system. It provides plenty, but not for everyone. America's greatest failing is its utter inability to take care of its people. Admittedly no one wants a total welfare system, but a nationalized health system may not be such a bad idea, not to mention daycare for children. Capitalism would be perfect if there was some way the benefit could be spread fairly, but still allowing an individual to reap[ the rewards for their hard work. So what does all ofthis have to dowith loving America? Despite all of its flaws, I love this country. I belive you can criticize America and still care about it. It's somewhat like being punished by your parents; it's for your own good. America is a country with great potential. The ideals behind the founding of America remain, eventhough she's slow to recognize them. Remember, slavery existed when the words "All men are created equal..." were written. But slavery doesn't existtoday. Eventually, we'll get it right. I believe in the potential of the American spirit. Even though people like Jesse Helms and Pat Robertson scare me to death, and I know fear at the though ofa conservative Supreme Court, somewhere within the confines of my being, I know things won't get that bad. The American spiritthat supports liberty and justice for all won't fail in the end. It really burns me when people say, "America-love it or leave it". My response is, "No, you're not getting rid of me that easily". This is my country too, and I have the right to make it a better place for me and mine to live. The system is warped, but the only way it's going to be fixed is if we get work together to make it right. That's why, despite its shortcomings, the American Dream prevails...it gives every American the chance to reach their potential. Tuesday, September 25,1990 • The Opinion 3 �Summer on Death Row to do a lot of practical things and felt good about myself," Pena stated. "Here by Steven Levitsky in law school I don't feel like I have learned much taking tests and whatever." "You learn a lot doing all the research and writing and working with the inmates. You're exposed toa lot ofthings. Law school doesn't do that." Afterher summer experience, Pena is now convinced of her life's calling. "I loved the experience-it was great," she concluded. "Criminal law is something I really want to do." Jeff Ertel, a second year law student, workedfor the Georgia Public Research Center. He found the job at the New York University Public Interest Job Fair and felt his work with the Prison Task Force ultimately resulted in his hiring. His job was paid at $8.00 an hour for a 40-hour work week, but his hours always stretched longer. "We worked 70 to 80 hours a week and 6or 7 days per week,"Ertel said. "In fact, three nights over the summer, I didn't even go home." Jeff and his office did work on every issue of every case involving death row inmates in Georgia. They wrote up everything, then gave it to an actual attorney, who merely signed it. Work Jeff didon the third day ofhis job portrays the rewarding nature of his job which carried on all summer. That day, he didresearch which wasactually used in an argument the following Monday. Ertel also had the opportunity to work under Mark Olive, one of the top four professionals in the capital advocacy On Thursday September 13 the Buffalo Public Interest Law Program jointly with the Career Development Office sponsored a Brown bag Lunch entitled "Summer on death Row." The discussion presented a forum for two UB Law students, Joseline Pena and Jeff Ertel, to relay their experiences in working for capital defense organizations last summer. Pena began the discussion by stating her interest in working for such an organization was piqued after taking Advanced Criminal Procedure with Dr. Singleton. It wasas a result ofthat class that she decided she was against the death penalty and wanted to work on behalf of those on death row. In response to her interest, Dr. Singleton referred Pena to the Alabama Capital Representation Center in Montgomery, Alabama. Despite being hired on a volunteer basis, Pena found out soon after starting her new position that itwas going to be anything but easy. "They give you responsibility, a lot of it," she related. According to Pena, much ofthe workload would have been unnecessary had the actual case attorneys done their jobs correctly. "We wouldn't have dealt with most of the cases if the attorneys took time to find the mitigating circumstances ofthe individuals," she charged, "ft all came down to inefficient assistance of counsel-the attorney just didn't do the work." A large cause of the poor lawyering was the lack ofa public defender's office in Montgomery. "The cases are assigned to people who are inexperienced or don't want to do the work," Pena lamented. "They only make $40.00 an hour in court and $20.00 an hourdoing outsideresearch." Pena's job was to do research and writing on behalf of the inmates. In doingthis, she even had the opportunity to meet with several inmates face to face Her most vivid memory was of her office s attempt to get a stay of execution for Norrel Thomas. Pena was in the office until 2:00 a.m. helping in the effort, which was futile as Thomas was executed that morning. Overall, despite the up and down nature of her position, Pena felt the internship was satisfying on both a personal and academic level. "(Asa result of the internship) I learned field Jeff especially emphasized the fact that jobs in this field of law are plentiful. "There's tons and tons ofwork in this - Andrea Sammarco News Editor * On September 25, the Student Association will hold a press conference at 2:30 in Capen Hall, to update the media on the fee situation and to keep all parties informed of the intended steps to be taken by this representative Ofthe student body. * In a meeting last Monday, Robert Palmer, vice provost for student affairs, and Robert Wagner, vice president for university services, attempted to explain to students the administration's rationale behind the imposition of the new fees. Wagner estimated that the school is faced with a $5.3 million budget deficit, and that 35 staffpositions have been eliminated already. President Sample has yet to meet with students regarding the issue of fees. * A student strike has been organized by Student Assocation officials and concerned individuals for October 1. The date ofthe strikecoincides with the threatened termination of bus service. The faculty association of UB has indicated in the past that it would support a student strike with the cancellation of classes and similar measures. A rally will be held on October 1 in Founders Plaza to illustrate support for the measure. * Assemblyman William B. Hoyt met withPresident Steven Sampletwo weeks ago to discuss the fee situation, and intends to propose a measure during the next NewYork State Assembly session that would allow the fees to be covered by the tuition assistance program. Students are skeptical of the proposed measure, saying that it wou Id almost certainly meet with defeat on the floor, and is merely an attempt to avoid protest over the fees. *WBFO, 88.7FM will be sponsoring a live call-in forum on Wednesday, September from 7-8pm during which President Sample, Provost William Greiner, and Robert Palmer will be available to answer questions about the campus busing issue. Environmental attorney speaks at brown bag lunch line," he related. "Everybody in the field said if you want to do death penalty work Andrea Sammarco after you graduate college, you can get News Editor a job." On September 13, the Buffalo EnviSome people may feel that the prisronmental Law Society sponsored a oners who get executed are gettingwhat brown lunch session with Craig bag they deserve, but Jeff has his own raSlater, an litigator with environmental tionale for assisting them. "Appellate New York State Attorney General's the work is not trying to get them off, just Office. Slater spoke for a little over an trying to get them commuted, he comhour about his past experiences in doing mented. "That's my justification." plaintiff-oriented environmental litigation, One ofthe biggest surprises of Ertel's the demands of working forthe Attorney life came when he first had the opportunity to sit down with a deathrow inmate. General's office, and the difficulties "I was surprised I was sitting down and associated with breaking into the field of having a conversation with an intelligent environmental law. He then fielded questionsfrom the assembled group on man," herelated. "These men may have committed particularly heinous acts, but a variety of topics. Prior to his position with the AG's most of them are not particularly heioffice, Slater worked with Richard Lipnous individuals." pes, of the firm of Allen, Lippes, and Shonn in Buffalo, on the issue of getting compensation for Love Canal residents. PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. Come and meet John G. Pieper J.D., LL.M. Learn what the Pieper course has to offer you. Tuesday September 25, 1990 at 5:00 in Room 109. SEE WHY PIEPER PEOPLE PASS For more information or information about signing into the Pieper course, contact any of the following Pieper representatives for Buffalo: Thomas Galligan Tammy Heckman Diane Herrmann Deborah Owlett 4 Fees Update Tuesday September 25,1990 • The Opinion Box 672 Box 698 Box 699 Box 769 He became involved with the Love Canal issue in 1978, when Lippes took on representation for the residents, and was involved in the litigation until 1983, when the case was settled. His involvement in researching the issue has spanned over 10 years. When asked about the current steps being taken to relocate the Love Canal area, Slater stated that, as an employee of a state office, he must officially concur with the Department of Health's assessment of the safety of the area. However, as an individual who has worked on the issue extensively, he said he personally believes that the relocation plan is "ludicrous" and he expressed strong reservations about the safety of allowing the area to once again become residential. Slater described environmental plaintiff litigation as "exciting, but difficult to break into." One of the difficulties involved in getting a toehold in the field obviously exists in the burgeoning numbers of law school graduates looking to do this type of work. The number of firms involved specifically in plaintiff litigation is also extremely limited. Slater suggested that the prospective lawyer who is successful in this field will not specialize solely in this particular area, and also toget as much civil litigation experience as possible. Environmental litigation can also be hampered by the limited resources of the plaintiff. Technical support is a persuasive but expensive necessity in many of these cases, and recourse to the legal system can be cost-prohibitive. The basic tasks of the section of the AG's office for which Slater works include research into pesticides, protection of wetlands, and Article 78 cases which are filed in order to challenge the decisions of an administrative agency such as the DEC. The AG's office has two criminal prosecuters, but Slater does exclusively civil litigation. The office also does outreach work. Slater stressed that one of his functions, and a primary intention in giving the talk, is to convince people to become environmentalists. He pointed out that the actions of a single individual can have important repercussions onthe environment. "When I have three kids and I don't want to wash cloth diapers, I choose to use plastic diapers, and this choice has an effect." He encouraged people to think before they buy, and especially to avoid using potent environmental toxins such as lawn care pesticide services. Slater was encouraging about the potential success of plaintiff suits against major polluters, citing such new developments as "quality of life" rulings, which allow more subtle considerations of the harm done to an individual's lifestyle and environment to be taken into account by a court in assessing the damage done. He also mentioned a development inthe case involving thelocal Pfohl Brother's landfill, where the Department of Health is beginning to collect anecdotal dataand statements from the residents involved in that dispute. �Angela Gott Remembers This is the first ofa two-part series Hello! Allow me to introduce myself. I am one of the 6 new Third Year Directors to SBA. All of us were "write-in candidates". When the winners were posted and a group of students was gathered around the posted election results, I kept hearing "Who is Angela Gott?" All the other names were recognized, asthis is the third year and people have gotten to know one another over the first and second years of going through law school together. So I feel some explanation is in order. I had not filed an application to run for an SBA Directorship, but when no one from the Third Year Class had submitted intent to run, I more or less volunteered. Byend ofelection days, anumber of others had volunteered or had been drafted to do it. I am interested in the Law School and in the SUNYAB University and am willing to make time to attend the SBA meetings and to share my historical knowledge of the running and functioning of both the Law School and SUNYAB. I began full time study at SUNYAB in June 1974. I arrived at SUNYAB with a B.A. in English and Sociology (double major) from Western Kentucky University. I began college in 1969 and attended 5 different universities and spent 16 months studying and traveling in Europe from 1969-1973—thefouryears it took to get my first degree. The Teacher Corps-Peace Corps sent me to Buffalo in July 1973 and I got a Masters in English Education at Buffalo State hi1974. As English teachers were graduating in large numbers and not very employable, I decided to get a second Masters in Library and Information Science and began SUNYAB's SILS program in June 1974. During this 1974-75 year, I took my LSATthree times and applied to only the SUNYAB Law School for Fall of 1975. I was rejected because of low LSAT scores and a fairly low GPA (5 different schools, 16 months study and travel and a double major in 4 years does not make for a high GPA!) So I reapplied for admission for Fall 1976 and worked on a 4th degree, a second BA—this time in Social Sciences Administration-Legal Studies. At SUNYAB, you can write your own degree program and only need to do 32 credits in residence toearn a second B.A. degree. All the creditsfrom yourfirst undergraduate B.A. count toward the second 8.A.! I was admitted in Fall 1976to SUNYAB Law School. I had additional degrees and this factor had enabled me to be considered for admission, despite the low LSAT scores and low averageGPA of my first B.A. I have a history of scoring badly on ail types of multiple choice standardized tests. My SAT's, ACT's, and GRE scores were fairly low also. I was 25 years old 14 years ago when I began my first year of law school. The student body and the professors and the atmosphere in the law school was quite different 14years ago. Some people were not used to the fact that women were enrolled for the study of law and some people were not used to the fact that minority students were enrolled and many were not used to the Prison Task Force Set to go to Jail by Nathaniel Charny Staff Writer The U.B. Law School's Prison Task Force program is set and ready to begin another semester, according to Janet Zw'ick, one of the Co-Directors of the program. This semester we will be teaching at two medium-security prisons: Albion, a women's facility and Wyoming, a men's facility." The Prison Task Force is beginning its twelth year, the program's first semester since winning the New York State Bar Association's Ethics Award for our work. The Task Force teaches basic legal research and writing to inmates of regional correctional facilities. The program is eight, two-hour classes, taught on the same night every weekfor eight weeks. This semester the Task Force will be teaching at Wyoming on Wednesday nights and Albion on Thursday nights. The first classes will be the week of September 24th; Wyoming on the 26th and Albion on the 27th." 'This is a great year for the program," stated FerminSoler, a Co-Director. "We are expanding into our fifth facility as well as implementing a brand new teaching manual. Anyone involved in the program this semester will, if they want, be involved in finalizing the teaching manual that will beused forthe next five or six years." The process for signing up is really simple," explains Katie Sullivan. "Two days before each class put your name on the sign-up sheet that is hanging in themailroom. That afternoon your name will be called-in tothe prison and you will have a note put in your box explaining what materials to prepare and where and when to meet to drive over to the prison. We usually meet in front of the law library at 4:45 p.m. and return tothe school before 10:00 p.m." The Co-Directors of the Task Force explain that everyone is invited to participate, regardless of their year in law school. "What we teach is very basic. The materials are on reserve in the law library and are really good at preparing you to teach. Preparing usually takes one ortwo hours. Besides, once you are in the prison, you are always paired with someone who has taught the class before so that you are never left on your fact that disabled students were enrolled. The Critical Legal Studies concept was not even really born yet. Students werea lot more conservative and money driven in the mid-to-late '70s. The '60s and student activism was long over and apathy was rampant on the campus The students liked to goto beer blasts and party. Nevertheless, The National Lawyers Guild did exist and a group of women within the Guild had begun the Women's Law Students Association to work on concerns like job discrimination and sexual harrassment in the workplace, and sexism in the legal profession. Those issues, however, were not regarded as problems or concerns of society, but only as women's issues orconcerns. The Women's Law Students Association alsoran a taskforce called the Women's Prison Project because there was little or nothing done for women behind bars. There were no recreational facilities, and women stayed locked up in cells, whereas provisions were made for male inmates to excercise, work out, play ping pong, watch TV, etc. There was no Gay & Lesbian Law Student Association and no Club 504 for the Disabled either. Indeed, the blind students were put into the Legal Methods program with the minority students, and the numbers admitted each year was fewer than 18 total in that program. There wereabout ten student groups, including Moot Court and Law Review, and the SBA represented all the students generally (The National Lawyers Guildrepresented an alternative to SBA). Every Spring, students put on a show fiutff I fjM^ 0ct5,1990 Friday k \/w own." commented Jeff Ertel, a Task Force CO-Director. The Task Force prepares the inmates for the Department of Correctional Service's (DOCS) Law Clerk exam. If the inmates pass the examthen they are certified by the state to work in the law library, one of the best positions in the prison. "Ourpassage rate is really fantastic," explains Ertel. "Usually seventyfive percent of our students pass the exam." In addition, the Task Force also gives the inmates some background in research and writing so thatthey can work on their own cases, as well as help IPFHaii 9:OOPM - 2:3OAM Dance to the World Beat Sounds of: others. "Most important," according to Ertel, "is the experience that we, as law students and teachers, get from the program. By teaching this material you are reinforcing it in your own mind and that is an excellent way to learn the material. Perhaps most important, though, is the opportunity to meet and talk with inmates from the prisons. It seems a shame to go through three years of law school, especially if you are considering criminal law as a career, and never go inside a prison, let alone talk to a prison inmate. The Task Force offers you the perfect opportunity to dothat." Everyone is invited to participate in the program, according to the Co-Directors, whether you wantto go to one class or all eight. All you have to dois to make sure that you sign up two days before. called "Law Revue" and thefaculty was invited to see alternative talents law students had in areas ofmusic and song and dance. I participated in the Legal Methods Program and had a ringside seat to observe how this program had nothing individualized to address the needs of the blind law student. I had not been informed until 2 days prior to the beginning of my first year that I was being put into this program. I had not asked to be put into this program, and when I was admitted to law school, I was not informed that this program even existed, much less that I was going to be forced to participate. I only found out about the Bakke case once classes began and then after some study, I realized why it was necessary for a token disadvantaged white student to be included in the Legal Methods Program. I am confident that the Legal Methods Program works much better for the students coming into it today than when it first began in 1976. My placement into "Section 4," and our short list of names posted on the "1 st year board" worked to stigmatize and isolate all of us. I was unable to get into study groups formed amongthe students making up the other three sections, and as most "handouts" were dropped off to BALSA and PODER (presently known as LALSA) offices, I and the blind student were constantly a day late and a dollar short on all assignments. We (entire student body) didn't even get mailboxes until the beginning ofthe second semester, so there wasno means to easily provide us materials. The Jazzabels m t $5 Donation Beer. & Wine available Peace Outer Circle Orchestra Sharri JoReich a uz2afdß,iiProdUa,on pej* Centej: iSi-iioo g ENEF | T why peace center AND THE SIIFFALO GREENS Tuesday, September 25,1990 • The Opinion 5 �opinion jiiir September 251990 Volume 31, No. 4 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco John B. Licata Michael D. Gurwitz Jim Monroe Faculty Statement Stance Last week, ten black law students at Yale Law School received copies of a note in each of their mailboxes-apparently as a response toa reported sexual assault of a female law student which occasioned in early September. The New YorkTimes reported part ofthe contents of the note as stating This was done by two black men," "Now do you know why we call you niggers?" The note was signed "Yale Students for Racism." The incident is presently under investigation, and many questions remain unanswered. It is unknown why only ten black law students were the recipients of the note, and if the author(s) of the note were law students themselves. This outward display of racial violence shocks the conscience. It also reminds one of several anonymous hateful attacks on homosexual and feminist law students several years ago here at U.B. Law School. In one instance, excrement wrapped in tinfoil wasplaced inthe mailboxesof two firstyear students who were deemed feminists, and anti-male. In response to these incidents, the faculty drafted and unanimously adopted The Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment". The Faculty Statement is reprinted in this issue on page 2. Last year, two law students charged Dean Filvaroff and the entirefaculty as defendants in a suitcharging infringement oftheir First Amendmentrights. At issue is the Faculty Statement and its call for "swift and open condemnation" by the faculty for "remarks based on prejudice and group stereotype." The complaint alleges a "chilling affect" ofcertain forms of speech under the guise of 'tolerance. The lawsuit is presently before JudgeArcara inFederal Court. Vicious racist, sexist, and homophobic beliefs are held by an alarming number of people in our society-including the insular confines of this law school. The Constitution exists to protect all speech, including that which we find distasteful. The Faculty Statement law suit isneedlessly reaching a point of no return. Any constitutional defects in the Faculty Statement which may usurp the interest, intent, and commitment of fostering an open, discrimination-free learning environment for all law students should be addressed. But not at the taxpayer's expense, and especially not with a faculty possessing an imDressive caliber ofconstitutional exDertise to redress these defects. The patties involved in thelawsuit have needlessly created a power struggle in the form of a game of chicken to see who can hold out the longest in the name of saving face. Conversations withthe plaintiffs reveal strategic plans to keep the action alive to meet federal mootness and standing problems that may arise upon their graduation. (The plaintiffs are presently third year students.) Few if any faculty members are willing to comment or converse on the topic becauseoftheirstatusasdefendants. Some faculty members aware o! possible constitutional defects are not willing to speak openly so as not to pit themselves against Dean Filvaroff. A terrific opportunity to bring studentsand teacher together in the challenge of drafting a statement to dealwith discriminatory speech and behavior, while maintaining constitutional integrity, is unnecessarily in the hands of a third party - the courts. The Opinion is interested in hearing the views of students concerning the statement. Read the Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment and tell us what you think. Staff: Bruce Brown, Lenny Cooper, Gary Ketcham, Daryl MacPherson, Nathaniel Charny Contributors: Angela Gott.Steven Levitsky, George Snyder ©Copyright 1990. The Opinion, SBA. Any reproduction of materials hereinis strictlyprohibited without theexpress consentof the Editors. The Opinion is published every two weeksduring theacademic yuear. H is thestudentnewspaper of theState University of New York at Buffalo School ofLaw, SUNYARAmherst Campus, Buffalo. New York 14260. Theviews expressed in this paper are not necessarily those of the Editorial Boaro 01 Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered al Buffalo. NY. Editorial policy of Tho Opinion is determinedcollectively by the EditorialBoard. The Opinion is fundedby 'The Italian Loafer: adventures of a Legal Gumshoe fni It)fin '3. Licata 'features 'Editor "Don't look now, but our legal system has atrophied." I knew without looking up that it was Sue Generis, a law student intent on saving the world. I was somewhat surprised to hear this from her since she has campaigning endlessly for animalrights, Pro-Choice, and against her school's own Faculty Statement. I asked her how she knew but other obligations had sealed her lips. She was risking enough just telling me that much. Our legal system has atrophied, and somebody was responsible. I decided to check it out. First, I bought a copy of an influential newspaperfrom the east coast. Whenever there is some investigating to do, get a copy of a highbrow paper and tuck in under your arm. It doesn't matter when it was printed, it only has to help you look serious while you go around asking people questions. Plus, if things get dull, the crossword puzzle can keep you busy. I got a recent copy from a downtown news-stand and sitting on the front page was a report on a guy wanting to get the quintessential civil service job: lifetime tenure; vacations longer than most ofmyromantic relationships; servants galore; and somebody ready to help you remember what your paid to remember in the first place. All for spouting off on your own opinion. I scanned the page and it was a job in the legal profession, the fish stinksfrom the head to the tail. This guy was going to be very influential, and he didn't have to answer questions about the job he was going to be doing. I didn't get it. The shadows were getting longer when I strolled into the bookstore, trying to get a feel forthe pu Ise ofthe society, and there was acomplete section of self-help books that dealt specifically with the law. Bankruptcy was the wave ofthe future, followed by environmental and then the waters got a little murky. I couldn't see how the atrophy factor came into play with the variety of new areas of law, the computer software looked pretty slick, and the covers of the books showed some young guys in tailored suits ready to solve any litigious problem. I was paging through a self-help insanity plea whenthe world started spinning and I fell into darkness. The focus was shifting when I realized I was awake. In a chair across the room a small man in a tightfitting tweed suit was cleaning his nickel-plated revolver. He looked like Martin Van Buren with a moustache, but his clothes were of a more contemporary look. "Awake?" He asked unctuously. How do you answer that question? I decided to nod my head. "Good. To business. You've started looking into the legal profession. We don't like that." He said 'we' like a nurse or the Queen of England, something that is meant to convey an even more sinister element. I stayed quiet, it didn't hurtmy head to stay quiet. Too much is at stake for us to risk exposure because of your libidinous exercise at machismo. Our entire legal system will be compromised if you go any further," he was still polishing his gun, absently sighting it in my direction. I noticed my column space running out so I decided to bluff. "I already know that the Big Boys are trying to eliminate the fundamental rights guaranteed by the Constitution of the United States of America, circumventing the beliefs essential to a democracy." He caught my drift and obliged me. "Democracies are slow to respond to the vagaries ofpublic opinion. As paradoxical as it seems, the more freedom given to a population means that it's government is equally hampered to meet the new demands of the people. There is a lack of effwiency in the system that allows the guilty to destroy evidence that is in police custody." It was the suppression hearing. Looking at his clothes I should have guessed that suppression had something to do with his zeal. I asked what his plans were. How do you reform the system, aside from the legislative act. "Use the media to foment public fervor, take a little dictatorial license through the legislative body of your choice and use the precedent to augment the ever growing latitude offered to public servants wearing blue uniforms," he was loading his gun. I asked how the legal profession fit in. "Lazy advocates make the burden fall to otherarms of enforcement. Over-zealous advocates push the burden onto the legislature. It doesn't matter which side the lawyer is on, the polemics involved allow for a great disparity in treatment of defendants. The gulf in our society is widening, and we don't want the public to be aware ofthe increasing dysfunction of the legal system," he popped the chamber into place and smiled. The doorshattered in an explosion of fury as voices cried out "Police, open up we have a search warrant," and ten men were stuffing the little man into set of handcuffs and carting him off to jail. Sue stepped into the room and I asked her about the atrophy in the profession. "Atrophy? I said it has a trophy. Sorry if it caused you any trouble." Trophy hunting law students. What else is new? •ho SBA from StudentLaw Fees. The Opinion welcomesletters totheeditorbut reserves theright toeditfor length and libelous content. Letters longerthan three typed double spaced pages wilt not be accepted. Please do not put anythingyouwish printed underour office door. All submissionsshould be placed in lawschool maiboxes677 or BOSbythedeadlinedate. Deadlines forthesemester are posted in the mailroom and outside The Opinion office, 724 O'Brian. Qy*-)/i The Deadline for the next issue of The Opinion is October Ist at s:oopm Please submit articles to box 677 or 808. Tuesday September 25,1990 • The Opinion 6 Lfl( MJA /frfflltt\ <&/hM/Mlih\\ jßrl certiorari /*w»mus may be TO At oFric£K rofiThEPEwcAyar A paper t K.i*>crrccr I »*fT /&& To*TF£ASOfIS? AJM\\\ // /PO^k / \ f <Ms\ ry ///tKPAriK W; - -ivS mmKT Try jl, Ar RES TVDICATA RFc/A/A v. pt/E process -~w. f^^ \\/)/ (jgffigl Ho(/S£f10Lp s**^S^\ <cif V\ CASK X COLIATEML ESToPPETLR£PLE.VIfi/ « wn THE future: : /\U£r/v HAIKU • \r™7( W ,T OF �GROUND ZERO - Homophobes beware Your days are numbered by Michael Gurwitz Layout Editor The setting was perfect. There I was, sitting in thelounge ofthe Marriot Hotel on Monday night, drinking beer and watching a football game. 'Twas a perfect place to muse about the rights, or lack thereof, of gay men and lesbian women in the good ole USA. A quick peek at the MTV-style McDonalds commercial on the tube confirmed that I was indeed living in the USA ("McDonalds — food, folks, and heart disease," or something like that). Actually, a few quick peeks around the room provided plenty of grist to mill over: the blond cocktail waitress with the long tan legs and the short white shorts; the beer on special tonight Coors, of course! the commercials during the game featuring women in bikinis selling beer. Yep, definitely a good time to ponder that vile sickness known as homophobia. Are you gay? Does that question bother you in any way? Answering that question in theaffirmative can get you in a lot oftrouble nowadays. The way I see it, being homosexual in 1990's America is a dangerous thing, sort of like being Jewish in 1930's Germany, or black in rural Alabama, circa 1950. According to a recent article in the Village Voice, the rate of physical assaults on gay men and women is skyrocketing, and the brutality of those assaults is extraordinarily severe. Equally frightening is the average age of most gay-bashers, estimated as males between the ages of 14 and 18. Clockwork Orange, anyone? Gay men and women comprise about 15% of the population, or roughly 40 million people. You would think that with such a significant portion of our fellow citizens living under the constant threat of violence, our government would act affirmatively to protect them. After all, gays and lesbians pay taxes, and as — — U.S. citizens, they are entitled to life, liberty and the pursuit of happiness. Our government should be acting with urgency to protect the lives of these Americans, but sadly, as most of us know, ourgovernment, both federal and local, has joined with the hate-mongers in the war on our gay brothers and lesbian sisters. An exaggeration, you say? Recently the Senate voted to adopt a measure that allows the Boy Scouts, and similar organizations, to exclude adult homosexuals and bisexuals from certain programs and activities for children under 18 years old. We all know that gaysprey on young children, just as weknow that negroes rape white women, and kikes sacrifice Christian babies. Incidentally, Al D'Amato supported the above measure, which Pat Moynihan opposed. My favorite big boned gal in the world is k.d. lang. She's a country-western singer with the best voice in show biz. She's also a lesbianand a vegetarian— not your typical Nashville type. Recently, k.d. lang got into a lot of trouble with part of her audience when she recorded an anti-meat commercial, called "Meat Stinks," for a national animal rights group. Seems that the local yokels in cattle country took offense to Ms. lang's criticism of the consumption of the decomposing flesh of dead animals. Her songs were banished from local radio stations. Such a response was predictable, but the backlash produced a particularly nasty result: somebody spraypainted the words "Eat beef, dyke!" on the road signs around Ms. lang's home. What is the source of such hatred against something as personal as sexual orientation? People look to their leaders for inspiration and wisdom. Homophobia grew virulent in the 1980s. Hmmm, who was president during that time?. Why, the Gipper, of course! It took Ronald Reagan ten years to acknowledge that AIDS was a serious problem. His silence until then suggested that as long as the disease was only killing gays, junkies, and Haitians, there was no need to worry. After all, good people weren't getting sick. It wasn't until the son of a (fellow) actor caught AIDS from a blood tranfusion that Reagan took notice. Uh-oh, now rich, straight whites were at risk! Reagan appeared in a television commercial, a year after leaving office, and urged compassion for those suffer- "Ourgovernment, both federal and local, has joined with the hatemongers in the war on our gay brothers and lesbian sisters." ingfrom AIDS. Thanks, Ronald. Where were you from 1980-88? (whoops, I — he was busy organizing the mass murder of Nicaraguan and El Salvodoran peasants). Ronald Reagan, pride of the GOP. Now I know thatboth parties are guilty of perpetuating hatred of homosexuals, but for some reason, the Republicans seem to get all th"* credit. Several weeks ago, The Buffalo News reported on how the Texas Republican party, and its candidatefor governor—Clayton "Redneck" Williams have systematically used hate campaigns against gays to hurt their opponents and further their own forgot — careers. Adolph Hitler used a similar strategy against Jews and was very successful. George Herbert Walker Blueblood Bush used a similar strategy against African Americans in 1988, and was also very successful. I guess the What the CDO never tells you by Gary Ketchum Staff Writer Back by popular demand! After my CDO article last fall I was swamped with requests for more information (most people wanted to know when I'd be leaving town). Leaving aside the hate mail, the three requests I received seemed to indicate an insatiable yearning for more discussion of the cryptic, veiled secrets to landing the coveted "brass ring" blue chip law firm jobs. I really did not intend to write another article on the subject, but after having been deluged by these three requests (and the hate mail), I realized that I have a moral obligation to feed the multitudes as best I can. It's lucky for you that I'm a self-sacrificing humanitarian who's willing to subject himself to another on- slaught of hate mail, justto help you out. Unfortunately, the CDO does not have the tie-lines that I have for tapping into the deeper esoteric regions of the job search experience. One issue I neglected to discuss last yearhas to do withcomputer mail merges that spew out boiler plate cover letters which appear to be as personal as if you were handwriting a letter to granny. There are several high level dangers to be aware of. These risks are illustrated in a story about a fellow student I used to know. He got careless with his rubberstamp merging system and accidentally sent his cosa nostra application to the DA's offices and his DA applications to the cosa nostra's. This unfortunate, but reckless student is now on the hit list of eight nationwide mob families, whilethe FBI has his picture posted in Post Offices throughout the country. It goes without saying that this student is going to have an uphill battle at the interview. These problems can be avoided through careful planning and thorough crosschecking before the envelope is sealed. Speed and efficiency values have their limits although I must confess, this student's speed was his saving grace when he left town after this incident. Theinterview seems to be the focusof most people's concern and more needs to be explained about the art of caviling jabberwockyto youradvantage. Using a baseball analogy, many interviewers like to fire a fastball past you to see if you have a lead-filled bat that is sleeping in your hands. Other interviewers like the changeup pitch that leaves you swatting at flies. But the most common pitch in the interviewing game is the hybrid breaking ball/curve ball ballistics test. Some of the more experienced interviewers can get this pitch to break at a 90 degree angle, which plays havoc on the groins and ovaries. The interviewee must learn to keep her eye on the ball and anticipate the angle at which the question is going to break. The lesson here is don't try to be too "fantastic." A moderate amount ofphan- — tasmagoria will suffice. To illustrate, I will relate several incidents that happened to me this summer. One interviewer asked, "Why do you wear both suspenders and a belt?" I immediately deciphered this question as an outside slider, low and away, and I compensated enough to pull the pitch into the left field bleachers. My response was decisive and unflinching. I said, "I wear the suspenders to keep my pants from failing down around my ankles, and I wear thebelt tokeep them from rising up around my neck." The interviewer instantly offered me 51% of the shares in the firm if I'd come on board; an offer which I immediately rejected as inade- quate. On another occasion, an interviewer leaned back smugly in his chair, dipped two fingers into his vest pockets and asked, "And what, pray tell, have you learned since you've been in law school?" Recognizing this as the patented 90 degree breakingball delivery, and determined to dump this arrogant swashbuckler out ofhis chair with something impressive, I launched into one of my "into the bleachers" grand slam responses:l've learned that where the statutesare against you.arguethe case law. Where the statutes and case law areagainstyou.arguethefacts. Where the statutes, case law, and facts are against you, turn to the court's equity power and argue ad misericordiam. When all of the above are against you, Republicans know a good thing when they see it. Official hatred of gays inspires general hatred. When people see that gays are deprived of their civil rights, without Constitutional protection, they understand the message loud and clear: 'These people are inferior. They are less than human. Therefore, we may hate them, we may hurt them, and we may kill them." Even in the enlightened halls of our own law school, one may find expressions of this hatred. "Die Fags" is scratched into the inner doors of the law library elevator. Ignorance and fearplay a large part in any person's bigotry, but there's nothing like encouragement from one's government to legitimize one's hatred of others. It is time for all good people to join together in the fight against homophobia. The students ofthis University, and especially this law school, must oppose the official policies of hatred against gays which lead to the beatings and killings of innocent people. One way to fight this discrimination is by protesting the Jag Corps when itcomes oncampus laterthis semester. The military refuses to interview gay law students for jobs. This is intolerable. For those of you who are considering interviewing with JAG despite its discrimination, think about how you would feel if you yourself were gay and denied an opportunity simply because of your sexual orientation. To ignore the plight of your fellow gay students is to ignore the blatant unfairness and irrationality of the whole situation. Whites joined with blacks in the civil rights days, and together, they defeated the racism of their government. Today African Americans serve as distinguished members of the military, despite the warnings ofracists thirty years ago. Gay men and women must be afforded trvs same respect, not only in the military, but everywhere. Homophobia is an idea whose time has gone! — Part 2 as well as the Constitution, argue economic necessity and efficiency, and you will dispel all further adversity. Upon completion of this oratory I was immediately offered a full partnership in the firm, with $500,000 annual salary, and twenty years of back pay for the entire period oftime they suffered without my services. After considering the offerfor several days, I decided to reject it in order to accept a lucrative workstudy position at the law. school library. But the point still hits home: learn to read the pitches, and take thatpinstriped knuckle-ballerto the parking lot on every pitch. Hopefully the above lessons will serve to heighten your awareness of the potential dangers that lurk behind every facet of the job hunting process. I've tried to plummet to the nitty gritty depths in an effort to grapple with the thorny issues beyond the contemplation of ordinary mortals. It's what CDO never tells you; yet it's what you most need to know about this high-risk, high-tech entertainment field. THE PASSWORD: . 415 S*vmtl) Mbr Softe 62 New tort.,NX 10001 (212)5«-J*« (iI6)M2-IO!0 (JHI6M-080- (201>«2J-JiM tU; (JIDMHHM 20 Pvt Pins. Sato 9}l lo«> KA 01116 (6171WV9W (20J1T24-J9lO SU, (»n)WV»lBt> Tuesday; September 25,1990 • The Opinion 7 �WE'RE NOT THE BEST BECAUSE WE'RE IDE WE'RE THE BIGGEST BECAUSE WE'RE THE E4fl /?FV/FW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-09-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/25/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8c79d3ee4bbad04aacb4108e729fa286.pdf ddae21ca5e2900fafd2a39d67a63b799 PDF Text Text SPECIAL PSBAUL OUT Volume 31, No. 3 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 11,1990 "FEE"-ling the Pinch: The Rising Cost of Attending UB" By Andrea Sammarco News Editor The return to classes this fall semester has been accompanied by a myriad of new fees levied on all students at this university. The administration claims these fees are necessary to partially offset the $9.3 million budget cutback from the state. Todd Hobler, Regional Coordinator for SASU (Student Association forthe State University) has stated that these cuts have occured because "the Governor's office and the legislature have systematically reduced funding for SUNY while encouraging the individual colleges and universities to strive for self-sufficiency." According to Provost William Greiner, the composition ofthis cutback included "an immediate cut of $5.3 million in the continuing operations budget established by the Trustees for this campus," as well as the anticipation of "further cuts totalling up to $4 million to be imposed by the state before the end ofthis fiscal year." Following Governor Cuomo's veto ofa tuition increase for SUNY schools, school officials have opted to implement the fees in order "to protect the integrity of the academic programs", according to Robert Wagner, Vice President for University Services. Theresulting fees are higher at UB than at any other SUNY school. The fees are accompanied by a cut in the OTP (other than personnel) budget across the board. This cut has meant less money available for funding new law school projects and maintenance of existing programs. In addition, campus libraries will be affected, with the elimination of some minimum wage student jobs as well as meaning earlier closing hours for most campus libraries. It is also anticipated that the libraries wiil no longer be able to stay open around the clock during finals. The new fees may prove difficult to cover for students who rely heavily on financial aid, as well as EOP students who may not receive additional funding to cover these added costs. However, administrators have pointed out that by filing a revised FAF form, the fees may be absorbed by financial aid packages through loans. The fees may be catalogued as fol- lows: 1. A campus busing fee of $1 per or for a bus pass, will ride, $50 semester be collected from students travelling in between campuses. Ticket dispensers are placed in strategic locations on both campuses, and bus passes are available from 17 Diefendorf Annex, Hayes B, or 175 Alumni Arena. The bus passes may be charged to a student's account when purchased, thus deferring payment until the next billing cycle. Although originally slated to be implemented September 10, student protest and lack of interest in purchasing the passes (only 1000 have currently been purchased) have caused a delay in levying the fee. Robert Palmer, Vice Provost for University Services now claims that the fee will be suspended for 3 weeks, at which point the cost of maintaining the bus system will no longer be borne by the university and the shuttles will cease to run. He adds that the school is attempting to work outan alternative shuttle system with the NFTA, or a similartransportation system. Nevertheless, many students seethe impending cutoff in service as a ploy designed to punish students for protesting the fees. The busing fee seems to have aroused the most indignation from students, especially those living in the dorms, who claim that they should not have to pay for the necessity of travelling between distant campuses to get to class. SA representatives liken the buses to extensions of the hallways. Law students may not be as adversely affected by the fee in thatall law classes are located in O'Brien Hall onthe Amherst Campus. However, many who live in Buffalo and depend on the Bluebirds to get to class will now have to pay for campus transportation services as well as the NFTA subway and bus costs. (This double payment can be avoided by obtaining a transfer from the Main Street campus subway station to be used on the #44 BuffaloLockport bus, which runs intermittently between the two campuses. 2. A student health fee will also be levied against all full-time students at $45 a semester. Law students and graduate students in generalare usually ineligible for coverage under the insurance policies of their parents, and rely on university health services to fill the gap. The resulting price increase for health care may impact this group in particular, since this fee is in addition to the health insurance payments already in place. Dennis Black, Dean of Students, likens the payment of the fee to paying dues in a club. "If you are a member...you will get full treatment in university health facilities. If you don't pay the fee...there is no service and no referral." 3. Also included in the costs ofattending UB will be a commencement fee of $30, payable at graduation, undetermined computer and laboratory fees (which will affect disciplines dependent on those facilities as well as thecasual user), an undetermined parking fee (currently stalled in the face of University Council, student, and union opposition), and increased library and parking fines. Most of these cost increases have yet to be implemented. 4. The administrations both here and at Buffalo State College have also decided to require a $35 per year athletic fee, in order to fund attempts to acquire Division I status. Palmer claims that "the university is not investing significant resources of its own" in the drive "to improve the quality of intercollegiate athletics," but many students with limited means who are expected to pay the fees disagree with that analysis, especially in light ofthe university's claims of financial distress. Although most parties involved agree that some solutions must be generated to ÜB's current budget crisis, many are undecided about the new fees. Opposition to the fees has ranged from uneasiness to .outrage. Reservations have been expressed by university officials about the appropriateness of the increased costs. William Miller, Chairperson of the Faculty Senate, voiced concern about the health services fee, stating that the university has a primary "responsibility to those who live on campus" to make health facilities accessible. Ray Orrange, Director of Campus Parking and Transportation, has recognized the difficulties posed in implementing a payment system on the Bluebird shuttles when faced with areluctant student body. Dean of Students Dennis Black believes that protests can be a useful means to drive home to the administration the point that "much was done over the summer without input from the masses and only with input from the leadership." Student input was requested on the issue of fees over the course of last year as a result of a SUNY Trustee's mandate requiring a consultation process regarding the fees, which must demonstrate "substantial student support." The consultation process consisted ofa telephone poll of 1000 students, (85% were in favor ofthe fees), a vote by the v ndergraduate SA Assembly in favor of the (continued on page\ 0 A.D.A. To Improve Access for Individuals With Disabilities by Maria Schmit Managing Editor On July 26, the Americans With Disabilities Act (ADA), which passed both Houses of Congress with large support, was signed into law by the President. This tremendous piece of legislation, referredtoas the "Civil Rights Act forthe Disabled," will extend civil rights protection to approximately 43 million Americans with disabilities. The new law requires places of public accomodations, such as buses, stores, hotels, restraunts, musuems, and movie theatersto become accessible to individuals with disabilities within one and a half to two and a half years. All newly constructed accomodations, must be built with such provisions, and all new buses purchased must likewise be accessible. The law prohibits employers and bussinesses that hire over fifteen employees from discriminating against "otherwise qualified individual(s)." Employers are required to make "reasonable accomodations to physical or mental impairments of the employee or applicant." There is an exception for businesses that would suffer "undue hardships" by providing such modifica- tions. Small businesses, those employing less then fifteen employees, are not required by law to make such accomodations, even if the cost would not be excessive and the individual was "otherwise qualified" for the job. Some small to mid sized businesses argue that they will be forced to hire people who cannot do the job. First of all, employees have to be "otherwise qualified" for the job. There are many individuals with disabilities whoare more then qualified for job.s, but cannot obtain employment because because a building does not have an elevator, or a ramp, or an accessible toilet. Another unwarranted complaint is that this act is an unreasonable infringement upon their business and will cost somuch that they will be driven out of business. This simply is not the case. As stated, thelaw provides an exception forany business that would sufferan "undue hardship." It is precisely because of employers attitudes in specific, and society's attitudes in general, thatthe ADA is needed. The law will protect individuals from being systematically and consistently denied employment and stereotyped as incapable. For many disabled Americans, their biggest handicap is dealing with the unhadicapped individual in society that provides little leeway for those who do not move about or communicate in the same way. The Americans With Disabilities Act will have an incredible impact on individuals with physical and mental impairments. It will also affect others in a positive way. Many disabled individuals are isolated and secluded from the workplace and from socializing with with others because of accessibility to workplaces or places of public 1accomodation. As disabled Americans are given the opportunity to integrate, many prejudices and inaccuate stereotypeswill be dispelled; and society will have reap the benefits and contributions of a whole new segment, who has never before been encouraged to share theirtalents. The ADA will help break the history of discriminationagainst disabled individuals. Like the large scale addition of blacks and women into the workforce, the entry of disabledindividuals will help us work toward full use our human resources.. The ADA is needed for individuals without disabilities as much as it is needed by those with disabilities. HIGHLIGHTS The Law School Song pg. 4 Special SBA Pullout pg.s Moot Court Schedule pg.lo Entertainment Law Profiles - pg. 11 �«B *S^mw By Considering all the financial decisions you'll make this semester, we made choosing a bank an easy one. being a student a lot easier. W savings account. Plus you can deposit or transfer money as many times as you want with no extra charge. Next, your" Norstar24" card gives you access to over 28,000 ATM's nationwide. 2<P b Including ATM's on and near campus. Lastly, you'll be eligible for a Norstar Student VISA* Which offers you a competitive rate. And with your Budget Checking Account, the e ' ' oan °Pt ons available MnDCTA Q o ai!h? K, N. A. BAN AMemberofFieetiNorstarFmanciaiGoup "Subject to approval. Will require parental co-signer Equal Opportunity Lender. MemberFDIC �Discrimination Persists Despite Faculty Resolution Despite the law school faculty's 1988 decision not to allow discriminatory recruiters to use the Career Development Office's (CDO) facilities, many such recruiters will be interviewing at the law school this semester, according to Audrey Koscielniak, the director ofCDO. "All five branches of the military are by Nathaniel Charny tentatively scheduled to recruit and interview through the CDO during the month of October," explained Koscielniak. All five branches, the Army, Navy, Coast Guard, Air Force and Marine Corps have explicit policies that forbid the hiring of people over the age of 35, differently-abled people and gays and lesbians. Currently, many law schools prohibit recruitment by the military because of their discriminatory practices. Included are Harvard Law School, the University of Michigan, New York University and Northwestern. Many undergraduate schools have similar policies that include prohibiting ROTC for its similar policy. These schools include American University, Boston College, Columbia University, and Syracuse University. The military's policy that forbids the employment ofcertain people makes no sense," explains Mark Schlecter, a member ofthe University's Anti-Discrimination Coalition. "It is impossible to rationalize a policy that says that someone who is in a wheelchair, or someone who is thirty-six years old, or someone who is gay or lesbian cannot be a competent attorney forthe military." The law school faculty has already made strong efforts to prohibit recruitment by discriminatory recruiters. On September 16, 1988, the Law School faculty voted to amend the Law School's Non-Discrimination Policy to include protection forgays and lesbians, as well as to enforce the entire non-discrimination policy for all recruiters who wish to use the CDO. As a result, the military, as well as all recruiters who explicitly discriminate, were immediately barred from using CDO facilities until they changed their discriminatory practices. 'The law school faculty's action in 1988 was perfectly consistent with the laws of New York State," explains Gretchen Stork, a member of the AntiDiscrimination Coalition. 'The governor had issued Executive Order No. 28, which prohibited any state agency, such as U.B.Law School, from discriminating on the basis of sexual orientation in the provision of any services, for example Career Development services. In addition, the SUNY Board of Trustees has endorsed Resolution 83-216, which reaffirms SUNY's non-discrimination policy, protecting all SUNY students from discrimination based on age, physical ability and sexual orientation." "None-the-less," according to Schlecter, "President Sample overrode the law school faculty and rescinded the entire Law School policy forthefirst time since its existence (fourteen years) and announced that he alone will make the decision on any Non-Discrimination policy forthe entire University." President Sample waited three months, and afterfinals announced that he will allow discriminatory recruiters to use the University's facilities. Dean Filvaroff has informed The Opinion that "no changes in the University policy are presently contemplated." The Anti-Discrimination issue came toa head in April of 1989 when seventy- five U.B. students demonstrated when the FBI attempted to recruit at the law school. Citing the FBl's policy of discrimination against gays and lesbians, as wellasa Federal District Court ruling that the FBI discriminates against Hispanics, the students blocked the doors and kept the FBI from recruiting. One year later, the FBI returned to U.B. Law School, greeted by over two hundred law students protesting their use of CDO facilities and University monies to facilitate their discriminatory recruitment, according to Stork. The support for the law school's position is incredibly strong," states Stork. "When the law school took the step to protect its students from discrimination, the university and City of Buffalo community wholly endorsed the Faculty's position. The Student Bar Association passed unanimously a resolution supporting the policy, as did the Undergraduate StudentAssociaton, the University Faculty Senate Executive Committee, the Graduate Student Association, and the Buffalo Common Council." "It is impossible to rationalize a policy that says the someone who is in a wheelchair, or somone who is 36 years old, or someone who is gay or lesbian cannot be a competent attorney for the military" -Mark Schlecter "has supported the law school's policy." In October of 1989, the Pentagon Research Center released a draft report concluding that the American military should consider ending its discriminatory practices because there was no evidence that homosexuals were any greater security risk than heterosexuals and no more likely to be blackmailed. The report likened opening up the military for gays and lesbians with the integration of the military for blacks, forty years ago. In September of 1989 the Faculty Senate released a report that condemned President Sample for his steps torescind thelaw school's non-discrimination policy. The "Report of Faculty Senate Special Committee on SUNY Law School Employer Recruitment Policy" stated that The President's actions, we believe, have largely ignored the legal/moral reasoning ofour law school's position on discriminatory practices by third-person recruiters. This sends a message to students and faculty alike that the arguments presented by our law school are not to be taken seriously a serious blow to the reputation of one of thebetter law schools in this country." In addition, this report stated that "recruitment and hiring is not a 'single-party' activity, in which the university behaves passively, eg., allowing third-parties to consult books in a library. On the contrary, it actively involves UB students in its procedures, and in this instance, - deliberately excludes homosexual stu- In addition, theAmerican Association of Law Schools (AALS) voted to amend its bylaws torequire member law schools to endrecruitment discrimination against gays and lesbians, and based on age and handicap or disability. Although there was discussion about exceptions to this policy, ie., church affiliated law schools limiting enrollment based on religion, AALS denied any exception for the military. The Pentagon itself, explains Stork, Moot Court Competition Begins by Kathleen M.Reilly The Moot Court Board held an informational meeting on September sth regarding the Fourth Annual Charles S. Desmond Moot Court Competition to be held October 23-Odober28. Any second or third year student who is eligible to compete, but was unable to attendthe meeting should contact Kathleen Reilly, Moot Court Board Director, as soon as possible. She can be reached in the Moot court office, by phone (636-2037) or through 80x#789 Those who plan on participating in this fall's Desmond should be in the process of selecting a partner for the competition. (Remember.....You'll be spending a lot of time with this person so compatibility is essential.) dents from this process." The current C.D.O. Policy requires that employers who do have a policy of discrimination must fully disclose such a policy or be denied access to C.D.O. facilities. "So far only the Navy has completed a disclosure form. The branches of the military have been informed that they are only tentatively scheduled until such a form is completed." The disclosure statements will be put out withany such recruiters literature, explains Koscielniak. GROUP LEGAL SERVICES The following is the competition schedule: SCHEDULE OF EVENTS SEPTEMBER Thursday 13: Monday 24:. PROBLEM DISTRIBUTION 9a.m.-5 p.m. (Room 11) THURSDAY2S: PRELIM. ROUND #3 6:30 p.m.-8:30 p.m. (O'Brian and Baldy Halls) OUTLINE ON ARGUMENT HAPPY HOUR AND ANNOUNCEMENT OF QUARTER FINALISTS DUE 9 a.m -5 p.m. (Rooml 1) FRIDAY 26: OCTOBER Monday 1: Outlines returned to mailboxes Monday 8: LETTERS OF INTENTDUE 9a.m.-sp.m. (Room 11) Saturday27: Briefs Due 9 a,m.-5 p.m.* (Room 11) *No briefs will be accepted after 10 p.m. Sunday 28: Monday 15: HAPPY HOUR 5p.m.-? Tuesday 16: Practice rounds begin Sunday 21: Practice rounds end Tuesday 23: PRELIM. ROUND#I 6:30p.m.-8:30p.m. (O'Brian and Baldy Halls) Wednesday 24: PRELIM.ROUND#2 6:30p.m.-8:30p.m. (O Brian and Baldy Halls) Positions Available: QUARTER-FINALS 6:30 p.m. -8:30 p.m. (O'Brian Hall) , SEMIFINALS (O'Brian Ha Ip.m. FINALS Ip.m. (Moot Court Auditorium) BANQUET (Salvatore's) NOVEMBER Friday2: NOTICES TO COMPETITORS (Mailboxes) The 1990-91 Moot court Board is looking forward to thisyear'sDesmondandwewishallcompetitorsthe best of luck. Applications are available in GLS office 214 Talbert Hall. 636-3056 POSITIONS ARE AVAILABLETOALL STUDENTS Funded by Student Mandatory Fees. /jS HOARD 713 ONt INC Tuesday, September 11,1990 • The Opinion 3 �Wm September 11,1990 Volume 31, No. 3 EDITORIAL BOARD Editor-in-Chief: Maria L. Germani Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Maria E. Schmit Sandra Williams Andrea Sammarco John B. Licata Michael D. Gurwitz Jim Monroe EDITORIAL Unfortunately, the insidiousness of prejudice is a fact of life. Almost daily, news r sports are filled with overtacts of violence with the inconspicuous presence of prejudice Ed their root. Many times, the prejudice is as clear as blackand white. Howard Beach, Eleanor Bumpers, Michael Stewart, and the Central Park joggertrial immediately come to mind. Eight months ago, the black-led boycott of a Korean-American grocery store in Flatbush, a predominantly black Brooklyn neighborhood, made national headlines as the latest display of a racially divided New York City. Today, the boycott continues to cripple the Fami iy Red Apple grocery store as the same owners cling to their businessdepending on the funds supplied by a Korean-American merchants association to pay for monthly expenses. This weekend, New York City's Mayor David N. Dinkins claimed victory over the resolution of a three-week-old black-led boycott of another Korean-American grocery store in theBrownsville section of Brooklyn. The onlyreason why the boycott ended was because of a change in ownership of the store. The Mayor even paid a celebratory visit to the store, purchasing some fresh produce fromthe new proprietors. Isn'tthat special? Who are the winners in a story where hard-working people are forced to flee the neighborhood and abandon their livelihood? Whata success story this could have been if the same residents recaptured their neighborhoods by evicting the real evils that inhabit it. There is some solace in learning thatthe boycott was not ethnically motivated; the new proprietors are also Korean-Americans. We do not need to look as far as New York city for different forms of prejudice. In our own law school, prejudice comes in the form of hiring practices of certain recruiters. Some recruiters are discreet about their prejudices. Others are sanctioned by Congrtc-. None is justified. As law students, we should not be apathetic about this overt form of prejudice. As concerned citizens, ourdiscontent must be voiced. This week National Public Radio is airing a special series, "Class of 2000: The Prejudice Puzzle". A report on youth and prejudice, the series concludes with a two-hour national call-in show broadcast livefrom Washington, D.C. on Saturday September 15from 3:00-5:00 p.m. WBFO (88.7 FM), Buffalo's NPR member station, will host its own live open forum on Friday, September 14th from 3:30-5:00. A panel of experts from UB and the community will address audience questions about differentforms of prejudice in ourlocal community. The livebroadcast is'an excellent forumfor discussing theprejudice known and tolerated by the law school administration. Come speak your mind on Friday at the live open forum. Maybe our demand for access to our Career Development Office by only truly equal employment opportunity recruiters will cease falling on deaf ears if we are loud enough. Staff: Bruce Brown, Lenny Cooper, Gary Ketcham, Daryl MacPherson Contributors: Nathaniel Charny, Moses Howden, Srikant Ramaswami, Kathleen Reilly ©Copyright 1990. The Opinion. SBA. Any reproduction of materials herein is strictlyprohbited without theexpress consent of the Editors. TheOpinbn is published every two weeks during theacademic yuear. H is the student newspaper of theState University of New York at Buffalo School ofLaw. SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paperare not necessarily those of the EdKonal Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage fundedby entered at Buffalo. NY. Editorial policy of The Opinion is determinedcollectively by the Editorial Board. The Opinion is the SBA from StudentLaw Fees. The Opinion welcomesletters totheeditorbut reserves the right to edit for length and libelous content. Letters longerthan threetyped double spaoed pageswill not be accepted. Please do not putanything youwish printed underour officedoor. All submissions should be placed in law schoolmaiboxes 677 or808 by thedeadlinedate. Deadlinesforthe semesteraro posted in the mailroomand outside 77i« Opinion office. 724 O'Brian. The Law School Song THE OPINION MAILBOX Student attacks oversimplification of ideological stereotypes To the Editor: While I wholeheartedly support Messrs. Maisano, Hirchfield, and Winward's premise (in the Orientation issnfiof The Opinion ) that it isimportant for first year students to remain openminded and politically active while enjoying law school, I take exception with their over-simplified approach to real issues. Further, their characterization of my article in the Dissent shows either an appaling lack concern forthe truth or a reading comprehension level far below the average law student. The oversimplification begins with the premise that this law school is "poisoned" by the perceived left wing bias of thefaculty and students at thislaw school which the authors insist results in intolerance reminiscent of the Nazis. Ironically, a second premise of the article is that labels are to be avoided and to makethat point the authors must rely on labels "left-wing students" and "rightwing. - The problem with the article is that it attempts to chastise those "radical fringes" that seek to "dominate and polarize political debate at this law school" without ever giving a clue as to what issues, people, or perspectives are to be considered radical orpolarizing. From the article one gets the impression that Messrs. Maisano, Hirschfield, and Winward are ideologically centrist people with the correct perspective and that someone or something is suppresing free speech and being intolerant of alternative views. I find this amazing for two reasons. One, I know Marc, Tom, and Jim and theirperspectives on many issues would be considered radical by many people. Two, I know for a certainty that if any of - (To be sung to the tune of "We didn't start the fire" Billy Joel) Civ Pro, Contracts Legal briefs.State the Facts Reading, Writing Things are getting rough Souter, Learned Hand Disputes over land Remedies, Reasons Isn't this enough? Mathews, Blridge Trouble over Luten Bridge Marbury, Madison Cases getting tough Breaching, Standing Rules keep ringing Justice, Fairness Judges got'em wrong Contract price Market price Crenshaw gives it extra spice Michael Moore, Karl Marx Give the law an extra spark Two weeks Dead Beat Tired Need sleep Grumpy Testy Will this be so hard? Chorus: Casebooks, Crim Law Lawyers and their flaws Good faith, Bad faith • Punishment and Handcuffs Circuit Court We didn't start the rumor If you wanna make it have a sense of humor We didn't start the rumor If you get too lazy It may drive you crazy. Federal Court 4 Rape laws Process Clause Fighting out a worthy cause Jefferson, Lincoln Aren't we having lots of fun? District Court Moot Court Supreme Court Trial Court Stay strong Won't be long Have to say it in a song Three years, go fast Even if you finish last Chorus. I feel kinda strange Tuesday September 11,1990 • The Opinion -Srikant Ramaswami them were to attempt to publish their views in either The Federalist Papers or The Dissent they would find a forum. Further, it is ludicrous to attempt to conjure up any situation in this school in which at least Mr. Maisano's voice would not be heard. Finally, their article shows a disregard for the truth in characterizing my article in last year's Dissent as "condemning people who are unwilling to take political positions", implying that I did not know the difference between apathetic students and moderate students, and insinuating that my article said all activist were either left or right wing. As the authors well know from subsequent conversations the title, "Why I Hate Moderates", was not mine. In the article I said that I was becoming jaded towards students who used the term moderate as a coverto avoidactivism or even nominal commitment. There is hopefully a wide gap between the annoyance of being jaded and the finality of condemnation. It seems sad to me that it takes the efforts of three hard working law students to write introduction to law school that gives a false impression of the academic climate and at the same time obscures important issues in the misleading pursuit of cheerleading for active debate and open discussion. I'm sure we all agree that these are indispensable to our way of life and that we would follow Patrick Henry to his grave keeping them alive, but I find it disingenousfort hese authors to imply that as I exercise my freedom I am limiting theirs. Jim Monroe WRITERS NEEDED Write for The Opinion Submit articles to mailbox 667 or 808 �SPECIAL PSBAUL OUT 1990-91 ELECTIONS STUDENT BAR ASSOCIATION STUDENTS ENCOURAGED TO INTERVIEW FOR COMMITTEES Anyone interested in applying for one of the SBA committees must sign up during the week of September 10th on the SBA office door (Room 101). Interviews will conducted the week of September 24th on 2 week nights. TheSBA will announce on September 24th those who have been granted interviews for the committees. Times will be posted outside the SBA office. Because of the highly competitive nature of the Admissions, Special Program, Special Needs and Anti-Discrimination Policy Committees, a one-page, single-spaced TYPED letter of intent will be required. The letter should not be a resume, but rather a statement of why you are interested in the committee. Candidates are encouraged to discuss their reasons for choosing the committee, and may also include their qualifica- tions. However, it should be stressed that you need not have prior experience. These committees are designed to give persons an opportunity to provide feedback about the group's policies. The deadlineforthe letters of intentwill be on Wednesday, September 19at 5:00 p.m. in the SBA office. There will be absolutely no late submissions. learning needs are particularly encouraged to apply for this committee, as well as others. All interestedcandidates must submit a letter of intent. This Committee meets frequently in the fall and in the early part of the spring semester. At present, weare only seeking one alternate position. Budget and Program Review Com- Academic Policy and Program Committee (APPC) This Committee considers proposals for changes in the academic program and graduation requirements. Proposals come from faculty members, deans and students. After the Committee reviews a proposal, it makes a recommendation to the full faculty. The Committee is composed of the Dean as Chair, three faculty members, three students and a Law Library Faculty member. Meetings are held when the Committee posalsto view; This Committee reviews the non-personnel part of the Law School budget and makes recommendations to the Dean on his expenditure plans, particularly those with respect to student organizations and programs. It meets infrequently, normally only whenthe VicePresident allocates the funds for the Law School budget for the next fiscal The Committee is composed of the Dean as Chair, three faculty members, three students and aLaw Library :ac v 11 y member. Three faculty mem- Admissions Committee This Committee sets general standards for admission and reviews files of candidates for discretionary admission. Composed ofsix faculty members, one of whom serves as Chair, four students, a Law Library Faculty member, and Deans Carrel and Newell, it generally operatesthrough sub-committees which make recommendations to the Chair. Its work is particularly heavy in the period from January to May when files must be read expeditiously. All of the work of the Committee is held in strict confidence. All candidates interested in this committee must submit a letter of intent. Anti-Discrimination Policy Commit- tee This Committee, in conjunction with the faculty, will help facilitate decisions concerning the anti-discrimination policies of the school. In the past, this Committee has focused primarily on the on-campusrecruiting policies ofthe JAGCorps (legal branch of the armed services), but it is the hope of the SBA that this Committee will continue to evaluate all administrative policies whichdiscriminate against any and all persons. Three students and one alternate will be appointed for the annual term. All interested candidates must submit a letter of intent. Committee on Special Needs This committee will examine the learning and access needs of students who are prevented from fully participating in their legal education because of unique learning and physical disabilities. This Committee will be focusing on issues facing students such as the inability to access library facilities, classroom, and other areas of the law school. Additionally, this committee will evaluate what can be done to improve the resources available to students with unique learning needs, e.g. dyslexia and other visual impairments. Three students and one alternate will be assigned to this committee. All students with unique 9JTB what irulty at large. Academic Standards and Standard Committee This Committee acts on petitions from students for readmission or waiver of Law School academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. By the nature of its work, the Committee requires observance of strict confidentiality. Its meetings are closed to nonmembers. It is composed of the Dean as Chair, three faculty members, three students and a Law Library Fac- ulty member. It meets when it has sufficient matters or when action with respect to leview tudent petition is particularly urgent. pointments Committee This Committee screens candidates for faculty positions, arranges visitsand interviews, and makes recommendations on appointments to thefull faculty. Only positive recommendations of the Committee are reported publicly. The Committee is composed of four faculty members (elected for two-year terms), two students, the Dean and one Law Library Faculty member. The Chair is elected by the faculty members. The two student members are expected to contribute to the process of screening resumes, to organize meetings at which candidates can visit witha diverse groupof students, and to report to the Committee student reactions to Faculty Student Relations Board (FSRB) This Committee acts on student disciplinary matters, student grievances against faculty members or other stu- dents, and faculty grievances against students. It is also charged with establishing the method ofstudent evaluation of teaching. The Committee is composed of three faculty members and three students. The Committee elects its own Chair. Dean Newell serves as ex officio advisor to the Committee. The workload depends onthe number of cases filed, with respect to which the Committee conducts hearings and/or engages in otherforms of investigation. Its proceedings respect the confidentiality of the parties. Library Committee This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequently and serves mainly as a channel ofcommunication between the users of the Library and the Library staff. It is composed of four faculty members, oneof whom servesas Chair, and four students. Mitchell Lecture Committee This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows; that is, distinguished visitors who lecture and meet informally with faculty and students. The Committee is composed of three faculty members (one of whom serves as Chair), one Law Library Faculty member and one student. It meets when it has proposals to consider or Mitchell Lecture plans to arrange. Special Program Committee This Committee oversees the Special Program including advising the Admissions Committee on individual credentials for admission, arranging the structure of the first year Legal Methods Program, and providing counsel and wisdom to the ASSC on students from the Special Program who may be in academic difficulty. In general, the Committee has a charter to improve the quality of the Law School's affirmative efforts and to expand the number of minority and disadvantaged law graduates. The Committee has fourfaculty members, one ofwhom servesas Chair, and three students. Dean Newell serves as ex officio. It meets as problems or issues arise and works intensely in the spring on admissions. All interested candidates must submit a letter of intent. Student Representative to Faculty Meetings This Committee attends faculty meetings andrepresents student views to the faculty. Thefaculty meetings arechaired by the Dean and are attended by all of the faculty and administration. The studentrepresentatives are invitees and hence do not have a vote on the issues. The function of the student representatives is essentially to act as liaisons, who in turn report to the SBA. Formal announcements may be requested of committee members at the faculty meetings. Aside from the two representatives appointed by the SBA, the Committee will consist of the SBA President and Vice-President. Committee on Resolutions This Committee's sole purpose will be to function as a foru m for any resolutions coming within the scope of By-Law 14 (Special Resolutions). Responsibilities of members will include formal presention of resolutions before the Board at regular meetings and will meet where necessary. It will be comprised of four SBA Chairpersons, three SBA Directors, and three student members at large. Finance Committee Chaired by the SBA Treasurer, this Committee prepares the fiscal year SBA budget and recommends funding for groups that need support during the academic year. The students selected to this committee will also assist the Treasurer in overseeing the day-to-day administration of the student groups' budgets. Buildings and Computers This Committee will evaluate short and long-term proposals forphysical improvements around the Law School. It includes faculty and student members who will decide the priorities for construction projects, allocation of space, and plans forthe student lounge. Three students and one alternate will be chosen bythe SBA to represent the student body. Tuesday, September 11,1990 • The Opinion 5 �ALEXANDRA ATRUBIN 1/st Year Students Hello fellow first-years. My name is Alexandra Atrubin. You can call me Alex. I am running for Student Bar Association Director because I want to help make every students' experience at UB Law School more stimulating and complete thanthree years of just going to class. I will work hard at getting all student groups represented. There are lots of people running through the halls of O'Brian every day. It can be quite overwhelming. I see how easy it could be for people to get lost in the shuffle. Often the only people who get represented are those with the loudest voices. I believe that it is possible forthe time here at UB not to be spent justbeing lost in a group. The Student Bar Association plans speakers and activities, allocates resources to different student groups and addresses students' concerns. I want to help everyone have a say in what happens. I am easy to talk to and eager for each and everyone of us to have an experience that excites and interests us personally. I am committed to making this happen. My personal interests, as you might have noticed, include equal representation ofall the people. I believe that what makes a society a truly interesting and stimulating environment is diversity. I will work as S.B.A. director to make sure that every student gets treatedfairly and gets the opportunity to experience law school without being discriminated against, and without getting lost in the shuffle. Thanks! P.S. Don't study all the time. Do something nice for yourself each day. ELIZABETH S. KENT Of the many issues available to eachof thecandidates forcomment and proposed action, only two orthree seem especially viable to me foreffecting immediate changes in perception and rapid changes in course of action. The issues of adequate child care for married and unmarried students, a ban of employers who utilize discriminatory hiring practices,and viable alternatives to styrofoam and wasteful packaging on the part of the university and the food service all present potential for immediate action and potential remedies. A ban on styrofoam could be immediately successful if the student body would join together in making that demand ofthe Food Service. A minimum action of protesting the same price for coffee whether or not the styrofoam cup is utilized through "No Coffee" Days would be significant as well. The Food Service should also be involved in the decision making process in preparation for mandatory recycling in 1992. Remember, a healthy environment is possible only through the actions of concerned individuals who act in concert. The continued practice of allowing discriminatory employers to interview on campus should be protested both at the law school and at the undergraduate school. As students at UB Law, we have an obligation to the entireschool to demandhumane hiring practices of ALL interviewing employers. The practice of being concerned only when you are thevictim of discrimination will not bring about the termination of all discriminatory activities. Even increased sensitivity to studentswho are also parents is necessary here at ÜB, once again forthe Law School and other schools as well. The collection of names of child carefacilities and the encouragement of child care providers to solicit businessfrom UB students would be advantageous to the school and students alike. A referral service would be a cost effective use of a small amount of student fees, helpful to students, faculty and staff alike. The single child care facility at the Main Street Campus is simply not large enough to service a large part ofthe child care need which is present at the Amherst Campus. There are several otherissues which could be addressed, however, thetime constraints and pressures oflaw school studies willnot permit all problems to be immediately addressed. Let's get a good start on these now. Who knows what next year will bring! Good luck to all the candidates. ERIK MARKS I would like to tell you some of my views and personal issues, but I won't, for this is not the purpose ofthe SBA. In it's primaryfunction of allocating funds, decisionsshould be made not on personal preferences but rather the merits of the groups requesting funding. For this I will look at quantity in terms of student interestand participation, and at quality in terms of how the group benefits its members, the student body, the university and the community as a whole. These criteria are tenuous at best and I expect will lead to some healthy debate. The onlything that I can promise is that I will judge groups ontheir merits and not their views. Although I believe that thefunding process should be dispassionate, I also feel thatthe SBA should encourage activism. For my own agenda, I am participating in the appropriate interest groups. The other major purpose of the SBA is representing the student body to the administrations. Many issues over the next three (orfour) years will effect the quality of our experience at ÜB. Of course we must.make ourselves heard, but first we must have something to say. As law students, we are being trained to view all sides of any issue and to seek equitable solutions. I would like to see us use these skills to address the issues and propose answers, rather than just be acquiescent orconfrontational. If you got this far, thanks for reading. I know that there is not much to go on in basing these decisions, but I would like you to vote for me. Like all of you, I want to have a good experience here at ÜB, and I will work hard to make it so for all of us. HANK NOWAK Like all other first year students, I have recently been inundatedwith homework and information fromvarious clubs and societies. It has been difficultto keep everything straight. Therefore, cannot I honestly tell you all of my goals and aspirations as an S.B.A. director, or even what my duties would entail. Nonetheless, I seek this position to get involved in the lawschool outside of class and to voice some of the feelings and concerns of thestudents in the first year. All I can truly offer is my openness to all ideas and the willingness to be active and communicative. As a U.B. undergrad and a Buffalo native, I have the advantage of feeling a bit more comfortable hero than cnmn ni mv r>ia««maioe i ha«o hoon InuntueH in ctnHont rmuommont at oworu level since grammar school, so I am used to the responsibilities of representing a large group of people. The S.B.A. may seem foreign to all ofthe first year students now, but I hope to serve as a positive link as a director this year. Thank you. AIDA REYES Have an idea? Want a change? GET INVOLVED! My name is Aida Reyes and lam a Ist year law student at UB Law School. I believe that if you care about something enough, then you will get involved. lam running for Class Directorbecause even in the short time I have been at ÜB, I see things that can be changed for the better. I've listened to dozens of students who have great ideas and valid complaints. These ideas should be heard and I hope to be a voice foi these people. My involvement as a student representative at Georgetown University has been wide and fruitful. Through my position I was able to develop skills that make me a qualified candidate for SBA. Communication skills are essential for this position and any other in student government. When I was appointed to the Senior Class Committee (a group that planned and implemented all the plans for every Senior event in that year) I was faced with having to help communicate to more than 1,200 students! This tooka lot of organization, publicity, mailings and sometimes even phone calling. We did not leave a single Senior out! If the committeewanted to sponsor an event, but needed more funds, then fundraising became a valuable skill. Because I had to keep myself to a certain budget I'd have to negotiate, (with bands, administration, businesses) be creative and above all be flexible! As a class directorI will be especially communicative with fellow students. I willalso try to fostera sense of unity and involvement. So, finally I urge everyone to get involved, even if itmeans talking to me so I can do it for you. VITO A. ROMAN My name is Vito Roman and I am running for one of the six Class Director positions on the Student Bar Association for the Law School Class of 1993. While I may enjoy studying in the library as much as the next first year law student, I hope not to have thatas my only memorable first year law school experience. Instead I would prefer to remember how as a Class Director I was immediately thrust into the workings ofthe lawschool student government-helping myfellow classmates on the SBA carry out the work students feel is vital for maintaining a healthy academic environment. This is a challenge that I would like to take on and one for which I feel qualified. Managing the affairs of student government takes work and, above all, people willing to do that work. I am willing. As an undergraduate, I was heavily involved in my college's Academic Senate, serving as chairperson of onecommittee, and as an active member on severalothers. I also helped organize two student-run charity dinners to raise gift money for FosterCare agencies in the Bronx. Student government and community activities provided an outlet for my learning and abilities and also helped honeand develop many ofthe skills which I felt a legal career would call for. When I returned to college four years ago intent on eventually becoming a lawyer, I knew, like many of my classmates, that I was going to be giving up a substantial investment of time in one career field to move into the legal profession. I do not plan to take my educational experience lightly. In fact, I would like to have an active hand in shaping that experience as a Class Director on the SBA. All I can ask of you, my fellow clasmates, is for your support. SLOANE M. SMITH Well, life can't always be pure and sweet. left San Francisco, the land of milk and honey, to come to Buffalo: 10 months of winterand 2 months ofbad sledding. Justa little joke my friends said. Leaving Frisco wasn't so bad, all those earthquakes and veggie burritos can really wear on a person. Now, I'm here at school, trying for a position as class director. I'm running because I'd like to be involved in the law school's decision making process, especially when it comes to recommending a course of action on employee recruitment and free speech policies. I've onlybeen here two weeks and am open to new arguments, but right now I thinkthat employers who discriminate on age, race, sex or sexual preference shouldbe tolerated on the UB campus, but denied access to O'jr Career Development Office. As to the other looming campus issue, the proposed revision of the faculty statement, I think that all speech, no matter how unpopular, is protected speech. Apart from these larger questions, I see the SBA as a vehicle to meeting students' needs. I'd push for computer access and laser printers on thefifth floor, and I'd move the aluminum can recycling project into gear. I wouldalso push the Administration toward partial funding for the In the Public Interest and proposed Black Law Student journals. I Tuesday September 1.1,1990 •The Opinion 6 �MARC HIRSCHFIELD I am Marc Hirschfield and I am running for re-election forthe position of Class Director of the Student Bar Association. There are a number of issues which I believe must be addressed this year by the SBA. First and foremost, the SBA must continue to work forthe timely submission of gradesby faculty. Last year, I spearheaded thedrive to get faculty to abide by the deadlines which they instituted. I attended a faculty meeting at which the issue was discussed. A resolution was overwhelmingly passed which called upon professors to honorthe February and June 15deadlinesforthe submission of grades. When it came time for professors to actually turn in their grades last June, only a handful actually complied. Students have a right to receive theirgrades in a timely manner and I will continue to press the law school administration and the faculty on this issue. Registration was pathetic last spring! Students should not have to line up at 6 AM to get theirclasses. The SBA must work with theRegistrarto changethe system. I pledge to maketheregistration process fairand simple. Last year the SBA spent much ofitstime on deciding how to allocate money to student groups who came before uswith plansforactivities. While budgeting is an important task, and one which must be equitable, the SBA ought to take a broader view ofits role. We must fight for students'rights and against the unfair fees placed upon us by the University. As your Class Director last year I attended 100% ofthe SBA meetings. If you want a Class Director who will lead the fight for students' rights, then please consider voting for Marc Hirschfield. 2nd Year Students BRIAN MADRAZO My name is Brian Madrazo and I am running for class directorfor the class of 1992. This statement is toacquaint the members of the class of '92 with who I am and why I wish to be a class director. First off a little background. I graduated from LeMoyne College of Syracuse, N.Y. in 1988 in Industrial Labor Relations. While there I directed and produced a youth theaterforthree years and was a resident advisorfortwo years. Following school I worked in the N.Y. State Assembly in the decidedly non-glamorous world of benefits and personnel. I then took a position with Pepsi-Cola Bottling of Albany working on the production line where I became a union member. Whileat UB I have worked most closely with the Buffalo Public Interest Program. Many of you will remember me as one of the many people who asked you to 'Work a day in the public interest"last spring and as the person who kept track of the first years competition via a herd of racing buffalos. Reading the above one no doubt notices that among my many experiences is a significant lack of ele;ted office experience. That is easy to explain, simply put have never thrown my hat into the ring. Why now and why here you may ask. Itis certainly not forthe "resume thing" because most employers could care less that you are a class director. Basically the reason is very simple. I want to be actively involved in addressing the concerns of the law school and I feel that as aslass director I will be an involved member of SBA and can make a difference. I have no specific agenda to follow, no "new era" orradical change to impliment other thanto represent to theoest of my ability the views of the class as well as my own and will work hard to protect what we have and to work on getting, for example, timely grade reports. I would like your support inthe upcoming election and I thank you for your time and consideration. I I JIM MAISANO lam running for SBA Director again this year, so that I can continue my role as an aggressive advocate for the rights of ajj students at UB Law. Last year, I was one ofthe most outspoken members of the SBA and, if I am elected, I will again provide a loud, powerful voice on all of the issues facing the SBA. I was troubled last year by certain dogmatic students at this law school, who were unwililng to listen to any opinion otherthan their own. This is exactly what we should 021 be doing at law school. Thefirst thing I learned as a first year student is that very little in the law (like life) is black and white, it is mostly gray. Eyejy. student has something to provide to the political debate at UB Law, all opinions are valuable. The only way this institution, as well as the nation, can solve problems is for leaders to listen to all arguments presented (liberal, moderate, conservative, etc.)and find solutions through compromise and consensus. Last year, I felt the SBA did work hard to achieve this type of fairness and lam running this year to make sure thatthe SBA remains pluralistic and open to all ideas. One of my significant achievements on the SBA last year was sponsoring a resolution requesting that the faculty start getting our grades posted by the deadlines. I was angered by the factthat certain faculty members took six months or more topost grades, which is especially unfairto first year students who need immediate feedback and other students applying for summer employment: Afterworking hard all semester, students have aright to theirgrades and thefaculty has a responsibility to postthem by the deadline. After meeting with thefaculty, theypassed a resolution stating thatthe deadlines will be met in thefuture and the resolution will be enforced by the Dean. This year, I will watchthis process closely and challenge thefaculty if they start missing the deadlines again. I also sponsored a resolution asking theDean to name a person ofcolor as the graduation speaker, which had never happened in the history of this law school. This resolution helped bring Haywood Burns, the noted civil rights activist, to speak at graduation. Last year, I worked hard to make surethat the funds controlled by the SBA were distributed fairly to all groups as a member of the Budget Committee. This year, I will again fight to make sure that no group is denied money because oftheirpolitical positions. I will strongly oppose racism, sexism orhomophobia at this lawschool, but I will also protect all student's First Amendment right to freedom of expression. I also do not think any organization should be allowed to recruit at this law school who discriminates against any student. DAM RYL CPHERSON The figure dressed in black walked calmly down the stairs. To his surprise, an awaiting throng of reporters swarmed around him when he entered the hall. "Mr. McPherson, why are you running for Second YearClass Director?" Darryl smiled devilishly. "There were a number of factors that lead to my decision. Basically, I was pushed into running. Last year, I was campaign manager for some of the candidates. In the course of the campaign, I was repeatedly asked why I wasnt running. Though I had some lame excuse, I really didnt have a goodreason. "As the school year progressed, I wrote forThe Opinion, and through discussions with people, made my own opinions known. At one point, I was told that I should run for SBA President. This was after it became clear that the SBA leaned considerably to the left. I didn't think that was necessarily a bad thing, but I felt some political moderation was in order." A camera flashed in his face, but he continued. "At the last minute, I tried to run for SBA Vice-President as a write-in candidate. Even though I lost, the result was much better than what I anticipated. That convinced me that I had enough support to make a successful bid for the class directorship." Another reporter shouted a question. "What makes you think you're qualified to run?" Though Darryl gave him a dirtylook, he answered the question calmly. "In my undergraduate experience, I served as President for a student organization. However, forthe job of Director, qualifications aren't as important as ideas. I doubt the students are as concerned with my resume as theyare with the way I think." "Mr. McPherson, you've been closely linked with former first year directors Jim Maisano and Marc Hirschield, both of whom are also running for director positions this year. How will this affect your campaign?" "I view it positively. Ourcampaigns are practically linked as thethree of us will definitely work welltogether. Our differences strengthen us as a team, and when we see things eye-to-eye, we're virtually unstoppab'e." "Do you have any other comments for ourreaders?" "Yes, I'd like to encourage everyone to take the time to vote, even if it's not for me. Voter apathy has been a problem in the past, and I hope this year the election has a bit more energy. "Still, I'd like to ask the student body to cast their vote for Darry McPherson. I believe I can bring a unique perspective to the SBA that will be beneficial to everyone. And I'd also like to thank everyone in advance for their enthusiastic support." With that, the journalists dispersed, but one stayed behind. Darryl noticed her and asked, "Is there something else?" "Yes, one more question, why do you always wear black?" "No coment." KELLIE MARIE MUFFOLETTO As a UB Law Student you will soon be called upon to exercise your right to vote. While forthe most part a little knowledge can be a dangerousthing, here at U.B. some feel it is enough to get you a Q and others believe it is enough to make an informed vote in the upcoming S.B.A. election. While at present I can only relay to you a little information about myself, if elected as a 2nd year Class Director I plan to pass on more informationabout therole of S.B.A. Last year, while working onthe campaign of one S.B.A. candidate, I became aware ofthe needfor more creative ways to insure thatall students are aware of howtheir money is being spent. I hope to strengthen the lines of communication between the S.B.A. and the student body, so that decisions affecting us all will be made with inputfrom all. In the past, I have been involved with several student organizations. As president ofthe U.B. Engineering Student Association I worked closely with the student government and various U.B. organizations. While there is still a lot of apathy about the 5.8.A., I doubt it can compare with the apathy of most engineers towards the E.S.A. DARYL PARKER I Daryl Parker, due hereby express my intent to run forStudent Bar Association Director As a former director I am fully aware of the structure and working ofSBA. I have served in various capacities over the last year, on several placement committees, the social committee and the entertainment committee. I have also had input in almost all ofthe S.B.A. activities. My basic rule of law is IF ITS NOT BROKE, DON'T FIX IT. I will continue to provide the quality of service you demand. Thank you. Currently, I work at alocal law firm. Many ofthe attorneys express an interest in the activities ofU.B. Law School. While it is important to strengthen lines of communication within the law school, it is also Important to build up the network between the law school and the local legal community. I hope to be able to facilitate that process as a 2nd year class Director. Although I refuse to make idealistic promises, one thing I will promise, is that if I am elected, any law student from any group with any. problem will reach at least a receptive ear. Please support me again this yearas an SBA Directorfor 2nd Year Students. I am open-minded, experienced and will work hard to represent and protect the rights of ail students at UB Law. Tuesday, September 11,1990 • The Opinion 7 �(continued from page 5) and we are currently seeking additional support. Sub-Board One Representative (1 person) This person will represent the SBA at Sub-Board 1 meetings, and report to the SBA all activities by SBI which will affect the Law School. The representative also provides feedback to SBI concerning changes SBA is interested in pursuing as formal policy. This is an important position because SBI establishes thefunding policies of our budget(including the student organizations). Meetings are once a week. This wasan SBA Executive Board appointment that had to be made within thefirst few days of the academic year. Maintenance for Public Order Committee (2 persons) The sth floor of Capen has established this Committee to decide the fate of any person that violates Section 535.3 ofthe University's Board of Trustees' guidelines. SBA will be interviewing potential members and will forward theirnames to Madison Boyce at Capen. Anyone who wishes to read the guidelines can pick up a copy at 542 Capen. Social Representatives (2 persons) For those ofyou whoare social animals, these two representatives will be responsible for planning social happenings, including parties, Law Revue, and the SBA semiformal. Thetwo reps will not necessarily planall theactivities, but will be responsible for recruiting persons who are interested in organizing SBA activities. Additional responsibilities include coordinating other Law School and campus-wide activities to insure that the SBA functions do not conflict with the other fun things that go on here. Commencement Committee (7 persons +1 alternate) This Committee will coordinate graduation commencement with the faculty and staff. Responsibilities include planning Senior Week, deciding Commencement Speaker possibilities,and communicating withall persons involved in planning Commencement. Obviously, only third year students may apply for the seven voting positions, but first and second years interested in getting involved are also encouraged to apply forthe alternate position. Four appointments have already been made, SBA SCHEDULE OF EVENTS Week of September 10th Sign-up for Committees September 12th & 13th Elections outside of library Week of September 17th First SBA meeting one week night September 19th Letters of intent due September 24 Post times and dates of who gets to be interviewed Week of September 24th Two week nights holding actual Committee interviews BAR REVIEW \bar-bre\n: 1. Formed in 1972 by a merger of Bay AreaReview and Bar Review Institute. Today the nation's largest and most personalized bar review course training more than 30,000 of the 40,000 applicants for bar exams annually. 2. The only bar review course to provide multistate workshops and an essay workshop as part of the course for no additional charge. 3. The only bar review course to include aQ & A clinic 7AM to midnight, 7 days a week, which offers individualized answers to substantive questions at no additional charge. 4. Favorite target of smaller, less successful and start-up bar courses who try to encourage students to enroll with them by creating anxieties and then urging them to "switch" from BAR/BRI to their less experienced course. 8 Tuesday September 11,1990 • The Opinion �GROUND ZERO The New Americanism, Sinead and Saddam I've heard Bush on television. He says were over in Saudi Arabia to protect our wayoflife Our way oflife." Now there's a loaded statement. _.Comedians could have a field day with that one. I suppose that it can't be disputed that, in general, "our way of life" is life as it is lived in the United States today, as opposed to some abstract, idealized way that we as Americans are supposed to live. Right? That's how I would see it, but somehow, I don't think our by Michael Gurwitz Layout Editor politicians would agree with me. To them our way of life means pulling oneself up by one's bootstraps, in a land where everyone getsa fair shot to go for the gusto. It's honest work for honest pay, two and a half kids and the dog. Blue skies, white clouds, and wholesome, nutritious food raised by family farmers. Blech! Weall know that the quality of life in America these days is deteriorating. We live in a toxic dump. Our kids are gettinglousy educations. Millions of citizens have inadequate or no health care. Crack is destroying our rapidly growing underclass. Labor unions are struggling for their lives. Common de- cency and the crisis of values. Homelessness, AIDS, Sexism, Racism, Homophobia...how many telethons do we need before someone turns off the TV for good? Yeah, I'm mad, and her's why. Right now we have a trillion dollar deficit AND a half trillion dollar savings and loan mess, and now, ofall times, our government has decided to embark on a military adventure in the Middle East that is costing about 50 million dollars a day. Think about what we could do with that money! I'm sure thatthe parents of that little boy out in Oregon you know, the one who died because he couldn't raise enough money to have an organ transplant. I'm sure that they could think of some good ways to spend $50 million a day. Death has a hefty credit line in this here country. We obviously have leaders wholike tokill. George Bush spends his vacation hooking fish and shooting birds, and Jim Baker travels all the way to Mongolia forthe privilege of shooting rare antelopes. I worry about men who kill for pleasure. Funny how, spending money to save the lives of its own citizens, Washington cries poverty, but when it comes to spending money to kill foreigners (especially non-European types) its boys' night out and all the beer you can drink! Now please don't get me wrong. I — — like our Constitution very much, and I'm proud of the goals our country sets for itself. Freedom isa precious commodity in this repressive world. However, I do not like what our country is becoming. Why, I ask you, werepeople handing out little American flags at the Sinead O'Connor concert a few years ago? I saw that concert. Ms. O'Connor was noticeably tense, and even apologized at one point for her crabby mood. I don't blame her. Iwouldbecrabbytooifsome stupid politicians decided to attack me, and some stupid radio stations, along with their stupid listeners, decided to boycott and harass me, simply because I refused to allow the National Anthem to be played at my show. It's funny how our leaders, and ourpeople, can get worked up over the omission of a song from a pop star's concert, but barely blink an eye at each newrevelation in the unfolding S & L crisis. Someone, I forgot who, once said that if fascism ever came to this country, it would go by the name Amernism. About Iraq. Ther's not much I can say that you haven't already heard, but I'll say it anyway, and if it moves you one way or another, you can write a letter to this paper and we'll print it. I hate Saddam Hussein. He's a torturer and a killer, and is fit to be boiled alive in a pot of Kuwaiti crude. That said, I also want to say that we have no business massing our troops over in Saudi Arabia. It's not our oil, its theirs. We have zeroright to try and control it (and please, George, don't talk about international law and U.N. condemnation. International law didn't stop us from invading Panama and mining Nicaragua's harbors, and we owe the U.N. lots of money in membership fees we withheld because we hated it so much). If we want to protect Saudi Arabia out of some political obligation, fine. That's what allies are for. But as far as forcing Iraq out of Kuwait, forget it. It's the Arab's oil after all. To put it in perspective, supposethat for years, a foreign country had set up coal mining in this country, steadily extracting and exporting our coal, all the while treating our citizens as secondclass humans. If we decided that we were sick ofbeing exploited, and tried to nationalize our coal mines, only to be threatened with military action by our exploiters, do you think we would take kindly tothat? No. We'd rally around our leader and condemn the foreign imperialists. Same deal in the Middle East, folks. It's the Arabs' oil. They ought to control itand charge as much money for it as they can possibly get away with. After all, we shouldn't be the only ones in the world with blue water in ourtoilet bowls... Sex, Lies and the First Amendment StaffWriter her. Now both of us see a cow differently. Whether either of us is right or wrong can be debated for hours, yet fortunately, we both have the right to choose which side we prefer. As far as I'm concerned, every subject within the gamut of human experience and imagination should be freefor open discussion and debate withoutthe Freedom of speech does not mean freedom to open your mouth and allow anything to springforth from yourtongue. Freedom of speech deals with ideas and concepts, not words. That's why it's illegal to yell "Fire" in a crowded theater. What kind of idea is screaming "fire" perpetuating? All it does is endanger lives, revenue generating lives the state has a legitimate interst in protecting. This is also the reasoning behind flag-burning. Despite all the love, adoration, and respect we have forthe flag, in the end it's just a symbol. No matter whatyou do, burn it, shred it, whatever, what it standsfor will remain, and only a few overly patriotic feelings are hurt. (Not that I think patriotic feelings should be disregarded, but many things are said and done in this country that hurt people's feelings.) Freedom of speech is freedom of expression, an opportunity for its varied citizens to voice and share with the American community at large their acquired wisdom, ideas, and insights. Every American has a different point of view and a subjective rationale behind it. First, let me make it clear that everything in life is subjective.And because of that, making absolute laws is a disservice to many americans. Case in point, meat eaters and vegetarians. When I drive through the country and I see Bessie the cow grazing in the pasture, I remember the last roast beef sandwich I had, and I probably drive on to the nearest Arby's for another. But when a vegetarian drives by Bessie, she sees a creature of unique dignity, and the very though of murdering the animal and consuming its flesh is totally repellent to cially applies to sex, probably the single most legislated free speech area since flag-burning and 2 live crew. I don't believe in obscenity lawa. Conceptually, nothing and everything is obscene, depending upon who you are. Defining obscenity is a subjective determination, and laws trying to do so unfairly burden those who chose to think beyond the restrictions society tries to lay down. Miller V.California. 413 U.S. 15 (1973) establishes the standard of determining obscenity. A three part test asks (a) whether "the average person, applying contemporary community standards" wouldfind that the work,taken as a whole, appeals to theprurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the appicable state law; and(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. I have a few problems with this test. "Community standards" is and always will be a joke. Try to open an adult bookstore or a strip joint. No matter where you put it, you'll have people in front ofit picketing and complaining that they want it out of their city. Nevermind that only adults can get inside, as long as junior and Sissy know it exists, there's a problem. What good are community standards when there is no community for the prurient interst. Sure, there are some adult video and bookstores still surviving, but they're constantly under attack through raids looking for obscene material. This raises another concern. What is wrong with appealing to "the prurient interst?" Every adult knows and under- Though nobody asked me, I'm going to give you a crash course in the First Amendment. If you disagree with what I say, I'm glad because that means you've learned the first lesson: you always have the right to disagree. by Darryl MacPherson stands the concept ofsexuality. Though we are exposed to sex in some aspect of our lives daily, we still act like sex is some hidden shame. I really believe if America could honestly deal with sexual issues, sexually related crimes would diminish asthe taboo nature of sex crept "What is wrong with appealing to 'the prurient interest?'" away. Morality, another subjective area, has turned the most basic aspect of human existence into something that is supposed to be hushed up and hidden away. That can't be right. Take away the embarrassment from sex, and what's left? Just another subject available for legitimate discussion. Whether this discussion entails the use of photography, performance art, song lyrics, orliterature is left tothe individual's imagination. If no shame orallegations of immorality are attached to sexual issuses, discussions on these issues could proceed freely on real concerns associated with the topic. This doesn't mean that issues such as sexism or racism in these areas cannot be addressed. I just don't want certain subjects to become untouchable. What is "patently offensive?" to Jerry Falwell and Pat Robertson, homosexuality is patently offensive. To thousands of men and women,participating it, it isn't. Again, it's subjective. "Applicable state law," usually meaning sodomy laws, are also subjective. How can something be private in one state, yet not be private in another? Many efforts to silence speech in certain areas actually mean well. However, the road to Hell ispaved with good intentions. Most aim to protect children, though I wonder if they really need protecting. Society casts aspersions on nudity, and as a result, images of naked adults are hidden from children. And the reaction to 2 Live Crew, how much of it is based on a failure to understand the cultural implications behind their music? Personally, I don't like what they say, but acknowledge theirrights to say it. The First amendment was developed to appreciate the diversity of the American people. Infinite ideas coming from various individuals shouldn't be hushed or halted by ignorance. The key to understanding the First amendment is recognizing that it is there forthe education and enrichment of us all. The Deadline for the next issue of The Opinion is September 17th at s:oopm Please submit articles to box 677 or 808. Tuesday, September 11,1990 • The Opinion 9 �PUT THE KNOWLEDGE OF LAW IN ORDER Study with Pieper...and pass. - Multistate Pieper New York Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 "Fees.." Continued from vase 1 Driving Mule Train of Thought fees, money a The problem in this school isthat a nucleus of students has taken the time to participate in the running of the schooi. This does not purport to indict individuals for their efforts, it is to indict the individuals goingthrough this institution as though it were a trade school for a degree and giving a shadow of effort in participation of the school community. by John B. Licata Features Editor The SBA elections are being held on September 12th and 13th with no third year students having submitted a petition for the six directorpositions. Atfirst I laughed; itwascomical to think that not one of the two hundred seventy third year students even bothered to run for office. What the hell difference did it make? They are on the proverbial outs so any participation would bethe equivalent of a lame duck term, requiring effort for something that would not even help their resumes. That is the linchpin, the focal point, the nubof the matter. Either that orthere is a particularly lazy group of students lurking in the halls. In deter mining the amount of ballots to print up it became obvious that we would need to represent less than fifty percent of the student population. Ah, we are an enlightened bunch. Information on organizations has yet to reach my desk but I am sure I will recognize at least eighty percent of the names on each club list. Last year I thought it was funny that the people "tabling" for various causes seemed to remain constant and that only the banner behind them would change. Public interest law, a variety of law school alliances and clubs could be represented by less than ten percent of the law school student population. There are 10 over seven hundred students in the law school and it is the most impotent body assembled since the mule. This is beginning to sound like a Jaycee club member has moved into my computer and started to go through a database of inspirational speeches, and thatcan be bothersome for a cynic such as myself. I can take some comfort in knowing that cynicism isn't what it used to be. However, there isa certain comfort in standing onthe outside mocking what is going on within the system. There is no danger in throwing stones at someone else's ideals when you profess to own none yourself. The fans of Diogenes understand that cynicism is the indicator attitude of entropy, theattitude that encourages dissembling speech and conformity of opinion. Granted, we are professionals getting prepared to enter the cruel world of the legal system, expecting to get ourlumps and bruises as we learn the hard way how things go on in the "real world." Thatattitude makes my flesh crawl. This is the real world, you are a real person and your life is goingto getreally screwed over if you don't wake up and decide to play a decisive role in what is happening to you. Shakespeare had a theory that everything that happens to us is reality: dreams, literature, etc. It becomes our own reality and we have to add to it through our own experience to get the synthesis between the intellectual and the physical to arrive at any comprehensive concept of life. We are all here to enrich the education ofour fellow students, so don't short change me on my tuition by not sharing your experiences and yourknowledge. I think that is entirely indefensible and terminally short-sighted. Tuesday September 11,1990 • The Opinion and direct student poll, which showed strong opposition to the fees. Whetherthis process resulted in a showing of "substantial student support" is a point of contention, colored by arguments that the techniques utilized in the samplings were biased and unrepresentative of student body sentiment. Undergraduate student response to the fees seems overwhelmingly negative, and has been most adament against the busing fee. Many students suspect that the real motivation behind the highest fees in the SUNY system exists in the Sample administration's quest for "high visibility sports programs" and research dollars, at the expense ofthose seeking an affordable education. At a recent meeting organized in protest of the fees, one student questioned the lack of financial support from the state, when the original source of funding for the state university system was thetotal revenue from the state lottery. Law students seem divided in their opinions on the issue. Some stress the fact that law school tuition at UB is one of the lowest in the country, and consequentlythey don't feel adverse topaying extra for a law school education. The general tuition rate for UB students, however, is the median for publicly funded universities, and law students like JimMaisano argue that"the original mission of these schools was to provide freeaccess to higher education forthose students who can't otherwise afford it, a mission from which the system has strayed considerably." Others argue that a tuition hike would have been preferable, since it would provide for reimbursement under financialaid, whereas the fees will only be covered by additional student loan monies. Tuition increases, while possibly more advantageous to students financially, represent less for ÜB, since tuition dollars go into a general SUNY fund and cannot be solely directed towards SUNYAB. Ken Gage, University Council Student Representative believes that a flat fee would be a more acceptable remedy to thecurrent budget crisis, because ofthe disproportionate burden which the undergraduate population bears as a result of the fees. The most vocal student bodies protesting the fees have been SASU and the Student Association. Representatives of SASU claim that "officials of the State University of New York have refused to stand up to the politicians and demand adequate funding of the system and instead have chosen the easier path of requiring that students contribute more oftheirresources to theoperation of the campuses." SASU plans a voter registration drive to give the students more of a voice in state political decisions, and is formulating various protests against the fees. The imposition ofan athletic fee has been criticised as redundant in light of the fact that a proportion of the mandatory student fee ($28.50 a year) is already devoted ex- clusively to athletic priorities. SA has created the "world's largest petition" which can be signed in Founder's Plaza, and organized a bus march which took place September 10, drawing over 800 students. A rally following the march was held in Founder's Plaza. Both SASU and SA are urging students to resist paying the fees, and to write to their legislators and campus officials in protest. SA also organized a press conference on Friday concerning the fees. Despite this, some students are suspicious of SA's position regarding the fees when the Assembly had previously voted in favor of their imposition. �Profile of Four Buffalo Arts and Entertainment Law Practitioners by Moses Howden Sometimes when you ask stupid questions you get great answers in return. That's exactly what happened when I spoke withfou rof Buffalo's leading practitioners of entertaiment law: Les Greenbaum, David Parker, Henry Porter and Tricia Semmelhack. Each ofthese attorneys has successfully incorporated entertaiment law into their legal practice in varying degrees. Their profiles offer some insight into the type of work to expect in this area and how the law student can prepare for a practice inthe entertainment law in large cities like New York and L.A. as well as smaller cities like Buffalo. LESGREENBAUM Les Greenbaum is a partner with Gross, Shuman, Brizdle & Gilfillan, P.C. of Buffalo. He received his B.A. in 1968 at the State University of New York at Oneonta, later receiving his J.D. in 1974 from SUNY Buffalo. Greenbaum was a Pro Se Law Clerk with the U.S. District Court of Western New York from 1974-1975, a former Assistant Corporation Counsel for the City of Buffalo from 1975-1977, and Law Clerk for the Honorable M. Dolores Denman of the NYS 4th Dept. Appellate Division from 1977-78. He is presently a member of the Erie County Bar Association and New York State Bar Association. Greenbaum has been practicing entertainment law in Buffalo since 1981. Arts and entertainment law constitutes 50%of his practice. Environmental law and appeals litigation occupy the other half. Greenbaum handles the legal affairs of local pop star Rick Jamesas well as local writers, sculptures and painters. He is called upon to handle licensing agreements, copyright affairs as well as draft and review deal contracts. Sometimes Greenbaum is asked to work in a contractual capacity in "shooter" attempts (production companies making speculative attempt at the industry). Although Greenbaum's clients are usually local, he rarely, if ever deals with a local entertainment attorney. Most of his contacts are in New York or L.A. Greenbaum, a writer himself, does not think that an arts or music background is necessary to practice entertainment law, stressing that "clients are seeking legal advice not creative consultation". Greenbaum recommends that students interested in pursuing the field of entertainment law shouldtakeadvanced courses in contracts, entertainment/arts, intellectual property, tax and also courses dealing withlicensing, royalties and contract draftsmanship. He also recommends that students attend as many continuing legal education programs as possible. Copyright, contracts and litigation are very important in this area of practice. Greenbaumfurtherrecommends that students who are interested in practicing in largercities should approach it aggressively. Greenbaum stresses that it is very difficult to break into the large firms in New York or L.A. and that "the submission of a resume will generally not get you too far". However, he does suggest that interning and clerking for organizations that handle entertainment legal matters is a way to break into the field and gain experience as well. Forthose in smallercities, who wish to set aside a portion of their practice to- wards entertainment law, Greenbaum recommends letting the local Rock n Roll bands, artists and writersknow who you are and let area attorneys know that you are handling entertainmentand arts work. Greenbaum stresses that familiarity with the practices ofthe industry, trade and vocabulary are required before engaging in this type of practice. Greenbaum adds that the client should not have to pay for the time it takes for an attorney to acquaint him or herself with the practices and types of basic agreements that are fundamental to the industry. For example, if an attorney is handling a "spec deal" (a sample taken by a larger recording company-for example Columbia Reccords, to see how the artist fares in the market) engaging you r client for $9,000-$15,000 to record demos (sample demonstrations of the artists work, either audio or visual), you cannot charge the client $3,000 just to familiarize yourself with what a "spec deal" is and how it works. These deals are usually between 50—80 pages in length. The entertainment attorney must know in advance the practices and trade vocabulary of the industry. DAVID PARKER David Parker, Vice-President and Corporate in-house counsel for Amherst Records, graduated from the University of Buffalo with a Bachelors degree in Political Science in 1974, attended law school at SUNY at Buffalo where he received his J.D. in 1977 and was admit- ted to the New York State Bar in 1978. He is the president of the U.B. Alumni Association, a member ofthe Erie County Bar Association and the Bth Judicial District Representaive to the Entertainment Division ofthe New York State Bar Association. Parker has been practicing entertainment law in Buffalo for 13years. He has been involved in the Music/Publishing branch of the entertainment industry, the day-to-day business and inside counsel concerns ofthe Amhest Record Label. He is Vice-President of a retail and wholesale multistate Amherst Record Company, and involved in the second largest independent distribution company in the United States, based in Cleveland. In his type of practice, Parker deals with multi-faceted contract work and directly involves himself in thebusiness of Amherst Record Company-a small privately owned record company. Parker suggests that students who wish to practice entertainnment law, should concentrate their studies on contracts, copyright and trademark law, legal writingand draftsmanship, accounting, royalties and business. Parker stresses the importance of knowing the underlying business concepts behind contractual clauses and that this is an area that many entertainment attorney's are lacking in ability and knowledge. Parker comments that 50% ofthe entertainment attorneys in L.A. and New York do not spend enough time familiarizing themselves with the financial underpinnings and ramifications of a deal. The student can familiarize him or herself with the business practices of the industry by subscribing to various periodicals, PLI books and consult "Nimmer on Copyright". Like Greenbaum, Parker emphasizes the importance of knowing the practices and vacabulary of the industry before engaging in practice. Parker says that a typical deal contract is between 30-50 pages and prior familiarity with the inner practices of the industry are a must. Parker warns that entertainment law is not easy to break into, even in larger cities. He suggests that those who are interested in this area should get to know as many people in this area of law as possible, read as much as possible about the business and participate in programs that deal with any area of entertainment work. Who you know makes a big difference in this business. HENRY PORTER Henry Porter is a partner with Lippes, Kaminsky, Silverstein, Porter, Mathias and Wexler, a Buffalo law firm. Porter earned his Bachelors Degree and J.D. from Cornell University. Entertainment law is a small part of Porter's practice. Corporate law, estate planning and tax are his primary areas. Porter was former Secretary of the Buffalo Sabres hockey team for 10 years. His work with the Sabres consisted of negotiating with players, contractual work and the initial establishment ofthe team. Currently, Porter represents the Buffalo Philharmonic Orchestra and has done so successfully for over 10 years. Work forthe Philharmonic requires that he engage in labor negotiations, greivances,and personnel matters. His work environment is riddled with con- tract deadlines, timelimitations and large financial stakes. Most of Porter's concerns are local. However, on occasion his work with the Philharmonic will bring him in contact with outside attorneys hired by the American Federation of Musicians. Porter suggests that students whoare interested in pursuing an entertainment and arts practice should take courses in tax, negotiations and labor law. Porter stresses that communication is the key to success in these matters and recommends courses that will develop written and oral communication. He adds that tax law is very important because sometimes the tax consequences often dictate the attorney's approach to a contract provision or negotiation strategy. For those who wish to practice on an international level, Porter advises that students take courses in advanced tax, treaty law, immigration law and focus on cross-boarder issues. Porter warns that entering the practice of entertainment law in the large cities like L.A. and N.Y. is as difficult to break into as being an entertainer. However, as Porter has demonstrated, an attorney can successfully engage in local entertainment and arts matters. TRICIA SEMMELHACK Tricia Semmelhack is a partner with Hodgson, Russ, Andrews, Woods & Goodyear. She is a member of the Intellectual Property Law Section of the Corporate Department with a specialization in copyright and computer law and litigation. In addition to Ms. Semmelhack's role as a key member of the Intellectual Property Law section, she coordinates the firm's High Technology Practice Group. Semmelhack is active in the New York State Bar Association and currently serves as Chair of the Special Committee on Copyright Law, as Vice Chair of the Intellectual Property Law Committee ofthe International Law Section, and is on the Computer Law Committee of the Business Law Section. Semmelhack is also a Lecturer in Law on Copyright and Computer Law at the State University of New York at Buffalo School of Law. Semmelhack received her B.S. degree from Brown University. She holds an M.A. degree in International Relations from the Fletcher School of Law and Diplomacy, and earned her J.D. degree, from the State University of New York at Buffalo School of Law in 1974. Semmelhack has been involved in the practice of entertainment law in the Buffalo area for the past 15 years. Her work consists of not-for-profit performance organizations, arranging for insur- ance for stage productions, management agreements, reviewing performers' contracts, counseling clients for arts management positions, copyrights for songs and lyrics, book contracts, writers' contracts, protecting the rights to sound recordings, litigate digital sampling cases for copyright infringment, protections of composers in joint productions, musical group's trademarks, ie., name of the group, protection of music and contract work. Semmelhack's clients are generally from the local area and range from musical groups to individual artists and writers. She states that the practice of entertainment law in a city the size of Buffalo differsfrom thatof L.A. and New York City because the practice will consist of primarily personal service work, ie., contracts, insurance and counseling, unless there are larger business institutions in the area. Semmelhack believes that an entertainment or arts background, can be an asset to the practice. Stating that it can provide the attorney with an enhanced perspective into the unwritten nature of the business. For students who wish to pursue this area of practice, Semmelhack recommends courses in contracts, copyright/trademark, negotiation classes, tax, constitutional iaw, and trade She also emphasizes advertising. courses in communication. In Semmelhack's opinion, the arts are increasing in importance and artists need protection-and lots of it. The attorney does not have to be in a big city to make a portion of his orher practice devoted to entertainment law and that practicing entertainment law in a city the size of Buffalo can be "diverse and vibrant". STUDENT PROSECUTORS NEEDED Applications from Ist and 2nd year students are being accepted by the University Prosecutor's Office for Assistant Prosecutors. Assistant Prosecutors investigate cases, negotiate plea bargains, write complaints and represent the University at arraignments. Assistant Prosecutors are work-study funded, though a Graduate Assistantship will open for 1991-1992. All interested persons can contact Kimberly at:636-3048 or 833-4441 Tuesday, September 11,1990 • The Opinion 11 �BAR AM BAR/BRI Leaves Nothing To Chance. ta/fcrr The Nation's Number One Bar Review. (212) 594-3696 (201) 623-3363 4154 Seventh Aye.. Suite 62. N.Y.. N.Y. 10001 02116 (617) 437-1171 Boston, Aye., Mass Commonwealth 160 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9c984eb62619b641a6c479a8f813b349.pdf b182eacc8429c474e2e3cb87b46f7642 PDF Text Text O THE PINION Volume 31, No. 2 August 24,1990 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW A User-Friendly Guide to UB Law School By Andrea Sammarco News Editor Welcome first-year students!! You may take pride in realizing that you have been elected to take part in the much touted, oft maligned but never surpassed, Noble Experiment-the Buffalo Model, UB Law! The first, and perhaps the most important lesson you will learn in your firstfew weeks as a law student, is that the Admissions people didn't make an outrageous slip-up in admitting you, and with a little luck, you mayactually manage to distinguish yourself. In order to help you avoid having your grandiose plans for the conquest of the legal profession sullied and hampered by trivial setbacks and daily annoyances, here are a number of hints to funtioning successfully at ÜB.: 1. Some of your first year professors may tell you to purchase mimeographed materials for class in addition to your casebook (especially if you are in Section 2.) These materials can be obtained at the mimeograph room on the second floor across from the law library. Don't bother bringing cash or credit cards there as payment, though; for some reason the memeograph people recognize only personal checks as legal tender. If you don't have a checking account, you may have to rely on the kindness of fellow classmates. 2. UB commuters will undoubtedlyrun up against the infamous lack of parking space on the Amherst Campus. Since the administration doesn't seem inclined to do anything to rectify the situation besides attempting to institute a hefty parking fee, it is usually advisable to give yourself at least 20 minutes searching time before class. The lot generally considered the law school lot is a hop, skip, and a dodge across the Flint bus loop. Neat orderly lines of parking space covetees form in this lot from about 8:00 a.m. to 2:00 p.m. Respect for the sanctity of these lines is essential and it may save your life. If by some strange twist of fate you should get a parking ticket from the friendly folks at public safety, these can be paid at 232 Capen Hall, or at Bissell Hall, by the Coventry Entrance. 3. Speaking of 232 Capen Hall, any questions about bills, financial aid, general registration woes, orthecrisis in the Persian Gulf, can usually be answered quickly and competently by the people in this office. If they don't know the answer, they can probably direct you to someone who does. As a law student, your basic registration and financial queries should be directed to the Records and Registration office, 3rdfloor O'Brian, or 232 Capen Hall. 4. To obtain your own quick and handy source of information about UB life, you should pick up your free copy of Reach, the user's guide to ÜB. Theywill be available in Capen Lobby, which is on the first floor of Capen, and will contain the answers to many burning questions about life at this university. Also included in reach will be, hopefuly, maps of both the Main Street and Amherst campuses. My advice is that you take these out and nail them to your wall, car dashboard, or forehead, because they are invaluable, especially in navigating your way through the labyrinth of the Main Street Campus. 5. Although most of you may feel too busy to eat duringthe first couple of weeks, a list of places to fuel up may come in handy later on. The closest place to grab a quick bite is the Baldy walkway snack stop, onthe second floor between O'Brian Hall and Baldy Hall. Although they don't have much of a selection, it's a nice place to convene with classmates. The Baldy snack stop has a sister satellite across Putnam Way in Jacobs Center. Also close by is the Student Activity Center(SAC), which is across Founder's Plaza. They have a large menu, and entertainment right outside the door during the warmer months. Norton Cafeteria is right across the walkway from O'Brian, on Norton Hall's first floor (Norton Hall is the building with the clock on it in front of Flint The 1990 Orientation Committee from left to right: Mark Steiner, Suzanne Taylor, Amy Press, and Jim Monroe. Missing are: Roger Doyle, Sandra Birnbaum, and Taunya Hannibal. Loop). This is more of an undergraduate scene (food fights have been rumored to occur here), but the selection is good, and you can even get frozen yogurt. Finally, for those adventurous crave souls who something different...you're out of luck. Ha ha!, but no, really, Talbert Cafeteria, on the far east end of the spine, has vegetarian fare (falafel, etc.), and other interesting delicacies. It closes at 2:00 p.m., so get there early. The only way I've ever been able to find this place is by walking through Capen Lobby, past the money machines, and around the corner, and suddenly it magically appears. I've no idea if another route even exists. It's sort of the Shangri-la of the Amherst Campus. 6. All that construction going on by the book store, in case you're wondering, is going to be what the Administration affectionately refers to as the UB Commons, which is another way of saying a MALL. Yes, UB students will have their very own mall, at which to do a little relaxing shoe shopping after a hard day of classes. It is my personal opinion, (which in no way reflects the editorial stance of this paper), that the only redeeming factor about the "UB Commons", is that it will reportedly be the home of the only bar on campus. The other onlyredeeming factor (I guess there are two), is that if we're good and ask real nice, the "Commons" could have a "common" area for the erection of a student union, which UB desperately needs. But enough grousing... That, in a nut shell, is a list of trivial but useful points that new law students may find useful. Once again, I'd like to welcome you to the law school, and encourage you to think of the students,faculty, and administration as your extended, if somewhat capricious and argumentative, family. The Moot Court Low-Down By: Kimberlianne Podlas & Kathleen Reilly The Moot Court Board would like to welcome everyone back, while extending a special welcome to all the first year students. Over the summer, the Executive Board of the Moot Court has been busy planning for this year's competitions. Kathleen Reilly (Director), Ken Gossel (Assistant Director), Tom Galligan (Secretary), John McGuire (Treasurer) and Kimberlianne Podlas (National Competitions Director) have set the dates for the 1990 Desmond Memorial Moot Court Competition. The competition will run from early September through October, with oral arguments scheduled for the week of October 22nd. All eligible participants will receive invitations to compete, in their mailboxes in early September. An informational meeting will be held at this time to answer any questions regarding the Desmond and provide further information for competitors. First-year students, although ineligible to compete, are encouraged to volunteer to clerk for the Desmond Competition. Clerking is an excellent way of getting a first hand glimpse at oral argument, while learning more about Moot Court. In addition to thisfall's Desmond, the Board will also be hosting the Mugel Tax Competition and the National Appellate Advocacy Competition (NAAC) in the Spring. National competitions are an intricate part of the Moot Court Board's activities. Last spring, five associate members of the Board attended national competitions at otherlaw schools. Rachel Kane and Pierre St. Hillaire represented UB at the Gabrielli Family Law Competition in Albany. Rachel and Pierre's combined scores placed them in the top 40% of all the teams competing. Jim Sacco and Brian Lauri competed in the Regional Qualifiers of the NAAC, sponsored by the American Bar Association. Of the 5 teams attending, our team advanced to the semifinals and Brian Lauri was named 'Third Best Oralist". Finally Kimberlianne Podlas and Gary Hall, former Board Director, attended the Cardozo-BMI Entertainment and Communications Law Competition. Kimberlianne and Gary advanced to the quarterfinals, out of afield of 33 teams. In addition, Kimberlianne won the competition's 'Third Best Oralist" award out of 81 eligible oralists. The Moot Court Board is located in the basement oftheLaw SchoolRoom 11. If anyone has any questions please do not hesitate to get in touch with a Board member. All of us on the Board are looking forward to another exciting and successful year. HIGHLIGHTS Advice to new students pg. 2 Betty and Alan welcome Section 2 students pg. 3 Tenants' pg.3 Rights 0 �OPINIONfiICi olume3l,No. 2 EDITORIAL BOARD Editor-in-Chief: Maria L. Germani Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: August 24,199C Maria E. Schmit Sandra Williams Andrea Sammarco John B. Licata Michael D. Gurwitz Jim Monroe EDITORIAL Although by now greetings have been extended to all newcomers to UB Law School ad nauseum, hold on for just one more. BENVENUTO A TUTTI! You are about to embark on an adventureof frustration, excitement/boredom, exhaustion and ultimate satisfaction as none you have ever experienced before. This issue of The Opinion contains articles tilled with good practical advice not only for the newly-arrived, but for upperclassmen as well. While we are all obviously here in pursuit of the J.D., it is of utmost importance that we keep our perspective on things. The importance of time and energies devoted to our courses cannot be stressed enough, but it is crucial that you NOT allow your studies to consume you to the point of disregard of the events occurring outside the confines of this school. The Iraqi invasion ofKuwait and its global political, economic, and diplomatic consequences will be heralded as a majorturning point in the history of United States relations with foreign countries. If internationalrelations do not interest you domestic events across the country could not have been planned as better educational supplements to our law school experience. Abortion restrictions in GuamandPennsylvania, artisticfreedom andtheFirst Amendment, (starring our ArtificialArt Official himself Jesse Helms), and the nomination of David Souter for the Supreme Court. Let us not forget the Savings and Loan fiasco. For the business-minded, andall those similarly interested, millions of dollarshavebeen devoted toemploy attorneys to make headsortails out of thethrift industry. We're talking guaranteed future income for bankruptcy attorneys for years. Your law school experience will be as enjoyable as you make it. Study hard, and don't put your personal interests on hold. If you enjoy going to the movies, working out, the sports section of a newspaper, etc., then just DO IT! More importantly, take advantage of the various student groups and the numerous extracurricularactivities they offer: TheStudent Bar Association, The Entertainment Law Society, The HibernianLaw Society, TheLatin-American Law Students Association, The Federalists, The National Lawyers Guild, The Black Law Students Association, Amnesty International Legal Support Group, The Gay and Lesbian Student Organization, The International Law Society, The Women's Law Society, The LaborLaw Society, In ThePublic Interest, The Opinion....just to name a few. Remember, our educational experience does not end when class is dismissed. Joining a student organization is not only a terrific learning experience, it is also the most comfortable andenjoyable way of getting to know yourfellow classmates andfuture colleagues. Staff: Gary Ketcham, Daryl MacPherson Contributors: Martin Coleman, Alan Freeman, Marc Hirschfield, Jim Maisano, Betty Mensch, Kimberlianne Podlas, Kathleen Reilly, Tom Winward ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictlyprohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic yuear. It is the student newspaper of the State University ofNew York at Buffalo School ofLaw, SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed in this paper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, thirdclass postage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by theEditorial Board. The Opinion is funded by theSBA from StudentLaw Fees. Betty and Alan Welcome Section Two Students Law, and lawyers, play a powerful role in our culture. That role has elicited strong responses from both admirers and critics. Consider this recent description by an anthropologist writing in the Yale Law Journal (Vol. 98, p. 1640): "Law has a mythic dimension, in its self-totalization, its quality ofbeing in time (in that it is a human product) but also out oftime (where did it or doesit begin orend?) and in its promise of systematic yet permutable meaning...Forthe myth to remain viable, the law must continually reiterate the distinctions between law and interests, the ephemeral and the enduring, the political and the sacred." Some have expressed something less than admiration or awe. Jonathan Swift wrote of lawyers in Gulliver's Travels: "There exists a society of men among us, bred upfrom their youth in the art of proving by words multiplied forthe purpose that black is white, or white is black, according as they are paid. To this society the rest of us are enslaved." One finds an even more stinging rebuke, in the context of a classic confrontation between the form of the law and the spirit of the law, as reported in the Gospel according to Luke: "Woe to you lawyers! for you have taken away the key of knowledge; you did not enter the Kingdom of Heaven yourselves, and you hindered those who were entering" (Luke 11:52). As you are about to embark on your own career in law, you might wish hard questions; on the other hand, you might prefer to prolong your summer to the last possible moment, and face these issues some other time. In any event, weare happy to welcome you to section two. As your teachers of Constitutinal Law, and Contracts, respectively, we will introduce our courses by considering, onthe one hand, the meaning oflaw in American culture, and, onthe other, a particular case of a broken promise. In Constitutional Law, we will take advantage of current events and consider, playing the role of the U.S. Senate, whether Judge David Souter, who has been nominated by President Bush, should be confirmed as a Justice of the United States Supreme Court. In Contracts, we will deal in obsessive detail with Hawkins v. McGee (the first case in your casebook), the famous "Case of the Hairy Hand" featured in the movie, "The Paper Chase." Thereafter, you will learn through innumerable cases more than you ever thought you would about the consequences of a broken promise. For Constitutional Law, you need not prepare for the first class. Read a poem, take a walk, watch a ballgame (Let's go Mets!), etc. Materials on the Souter nomination will be distributed in the first class. For Contracts, however, (Betty likes to get seriousright away), read Hawkins v. McGee, carefully. Welcome again!! Betty & Alan Editor's Note: This article was written under the assumption of publication The Opinion welcomes letters to the editorbut reserves theright to editfor length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissionsshouldbe placed in law school mailboxes 677 or 806 by the deadlinedate. Deadlines for the semester are posted in the mailroomand outside The Opinion office, 724 O'Brian. UPPERCLASSMEN URGE NEW STUDENTS TO BE OPEN-MINDED By: Jim Maisano, Tom Winward and Marc Hirschfield WELCOME TO UB LAW! One year ago, we walked through the doors of UB Law hoping to enter an environment of vibrant social, political and legal debatebetween open-minded students. We hoped both students and faculty would nurture this intellectual atmosphere in a search for solutions to the problems facing our society. Itturnsout, that there were people willing to make UB Law a thriving participatory democracy. Yet, we also found many ideologues on this campus unwilling to acknowledge any beliefs contrary to their own. Hopefully, the Class of 1993 will be a pluralistic community of tolerant students willing to listen to all sides of a debate whilerespecting alternative opinions. One of the first things we were told by some left wing students was that members of The Federalist Society were fascists. One student went so far as to say that every member of this organization was a racist, sexist homophobe. Well, we were very surprised when we 2 The Opinion August 24,1990 finally met the members of The Federalist Society, an organization which promotes a conservative analysis of the law. We found most of them to be intelligent and quiteknowledgeable on the political issues being debated on this campus, while being receptive to adverse ideas. This organization has much to offer this law school, yet they are too easily dismissed by certain dogmatic students. From the right wing, we were warned against the political beliefs of the National Lawyers Guild, who some thought of as unrealistic, radical communists. What we found in this group were student activists dedicated to social justiceworking on issues such as international human rights, prisoner's rights and discrimination at the University. Again, valuable political thought was obscured by the use of senseless labels. Werecommend that if you wish to benefit from the law school experience, do not allow yourself to be consumed by these types of lables. Do not just listen to labels like "communist," "fascist," "liberal," or "conservative," listen to the ideas people are trying to express. Every student has something valuable to provide to the political debate at this law school. When student groups are recruiting in the coming weeks, approach their tables with curiosity and an open-mind while listening to the views being advocated. Then make your own decision about joining. There are other benefits to remaining open-minded as you venture through law school. These years provide an excellent opportunity to reconsideryour political beliefs, while enjoying positive intellectual growth. Legal education allows many students to view our world through a new and differentprism. During law school it is important to rememberthe words of thefamous federal judge, Learned Hand, who believed that "the spirit of liberty depends upon a modest awareness that one is not always right." We must not allow the radical fringes, both left and right, to dominate and polarize the political debate at this law school. In Paul Johnson's "Modern Times," he describes the students and faculty who supported the Nazis in 1930s Germany. He claims it makes no difference whether the academic well is poi- soned by the left or right, it is still poisoned. Last year, a student wrote an article entitled,"Why I Hate Moderates." This student made an interesting observation by condemning people who are unwilling to take political positions. However, this student falsely accused "moderate" students ofbeing apathetic. An activist does not have to be left or right wing. We encourage students of all political ideologies, from the left to the moderate to the right, to come forward and make yourviews public. If you read or hear something you disagree with, write a letter to The Opinion, or join a group working on that particular issue. But please do not sitapathetically onthe sidelines. For a democracy to survive, it requires active participation from its members. Our nation's First Amendment allows for all types of participation and protects political dissent. UB Law must remain committed to these principles of liberty and continue the American tradition ofrigorous political debate and respect for alternative opinions. Hopefully, the Class of 1993will be up to this task! �GROUND ZERO Hindsight Advice to New Students (Ignore and/or Forget) By Michael Gurwitz Layout Editor Greetings and welcome to ÜB. You still have a chance to leave, you know. It's a big world filled with lots of people, doing lots of jobs, and not all of them are lawyers. However, if you're determined to get an esq. after your name, then you should make the best of your three years here, because like everthing else, they're going to fly right by, and in May of 1993(or 94), you might find yourself asking: "What happened to the last three years?" and "Have I learned anything?" The great paradox is that in law school, you will learn much, and learn nothing. It's a gut feeling. Despite it all, you should study hard. Even in your most nihilistic hours, study hard. Make it a point to participate in class (i.e. volunteer an answer). It's good for your confidence, and ittakes the pressure off the rest of your classmates. Take advantage ofyour professors' office hours and drop by. It's the best way to get to know each other. Also, bug upperclassers for their outlines and other advice. Doing your own outline at the end ofthe semester is very valuable as far as learning all that stuff you ignored throughout the semester, but other people's outlines, especially the classics that have been handed down overthe years, can be a big help—in many ways. Should you try out for law review? Yes. Law review is an archaic, elitist, manipulative institution, inclusion on which means nothing as far as your potential as a lawyer and a human being. However, being on law review can make the difference between getting the jobyou want, be it sleazy corporate or righteous public interest, and with today's job market, you'll need all the help you can get. Fight the political fight after you've graduated and assumed a position of power as a fullfledged member ofthe legal profession. Fortunately our lawreview tends to be a progressive journal, so it ain't that bad. The most important thing you can do is try not to take law school too Knowledge of Tenant's Rights Crucial for Off-Campus Housing Before you sign any offcampus lease —in fact, before you even begin to look for a place—it's a good idea to know exactly what a renter's legal rights are. Since renting is, after all, a business relationship, landlords (particularly unscrupulous ones) take advantage of every opportunity to increase profits. Unfortunately, this is especially true in areas where many renters are college students. By Martin Coleman A landlord in a place like University Heights may assume that students 'Won't know any better" if he or she includes an illegal clause in a lease or demands something that a tenant isn't legally obligated to provide. First off, there are generally three types of rental agreements: (1) written lease for a specified period of time, (2) orallease for a specified period of time, and (3) month-to-month. The degree of protection you have is greatest witha written lease and least with a month-to-month. If you stay past the end of your lease period you are treated as a month-to-month tenant if the landlord accepts your rent. Month-to-month leases allow either party to terminate the arrangement if at least one month's notice is given. So, for instance, if the rent is due on the 1 st ofthe month and your landlord wants you out by July 1 st, he must notify you prior to June Ist of his intent and vice versa. While written leases offer you the security of knowing how long you can reside in an apartment, they can also contain unfair provisions. Before you sign any lease you should know that you have every right to negotiate any terms of the lease you find unfair. Somelease clauses are forbidden by New York State law. These include: •Clauses that automatically renew yourlease if you haven't informed your landlord by a specified date that you will not renew the lease. Such clauses are legal if they require the landlord to give you between 15 and 30 days notice of the approach of the automatic renewal date (General Obligations Law section 5-905). •Clauses that allow the landlord to unilaterally change terms of the lease (General Obligations Law section 5-701). •You must be allowed to enter the apartment on the first day of the lease period, unless you sign a lease that waives this right. Don't forget that you can negotiate to remove such a waiver (Real Property Law section 233-a). •A clause exempting your landlord from liability for any injuries caused by their negligence is null and void (General Obligations Law section 5-321; Real Property Law section 259-c). •Some clauses seem so absurd orunfairthat they run afoul of the Unconscionable Lease Law. If a clause strikes you as falling in this category, you should try to negotiate to remove it from the lease (Real Property Law section 235-c). If a landlord refuses to remove any clauses thatfall undertheabovecategories you might take this as an indication of future problems withthis landlord and decline to rent from him. There are always other apartments to rent. If you have already signed a lease with any of these provisions you should contact a Group Legal Services immediately to discuss your options. Other rights tenants have, even if not specified in the lease are: • Warranty of Habitability, which means you are entitled to a livable, safe, and sanitary environment. Failure to provide heat or hot water, or rid the premises of insect or vermin infestation are typical violations of this warranty. You may either sue the landlord in small claims court for a rent reduction, or withhold your rent until the problem is solved. If you choose the latter course of action, your landlord may then sue you for nonpayment of rent, whereupon you can countersue for violation of the warranty. Before you embark upon eithercourse of action, you should contact Group Legal Services. •Landlord's Duty to Repair. This includes windows, plumbing, electrical problems, etc. You should immediately contact your landlord if there is a problem. If they do not fix it in a reasonable time (you are the best judgeof what is a reasonable time) then, depending on the severity of the problem, and its cost to fix, you can either call your local housing officials oryour local health department, or call in a repair person yourself and deduct the cost from your rent. •Right to Privacy. Your landlord may only enter your apartment on reasonable notice, at a reasonable time. •Retaliation. Yourlandlord may harass you or refuse to re-rent to not you because you contacted local authorities to help you with a problem that he or she was not responsive to. To protect yourself you should keep a written record of any correspondence or conversations with local officials. If a decision to refuse to re-rent or threat to evict occurs after this event, courts will generally presume that your landlord was retaliating against you. •Eviction. A landlord cannot evict you by use of foree—typically through threats of violence, removal of your possesions, locking you out of your apartment, orcutting off essential services. •Security Deposit. This is generally how most students get ripped off by unscrupulous landlords. A landlord may use the security deposit only: (a) as reasonable reimbursement for damages caused by the tenant beyond normal wear and tear, or (b) reimbusement on any unpaid rent. Furthermore, if you are living in a multiple dwelling apartment (fouror more separateunits), you are entitled to interest at prevailing rates on your deposit minus 1% ofthat interest for administrative expenses. If your landlord illegally retains yoursecurity deposit, you can initiate action. The best words of warning for you are: read your lease carefully, bargainfor unfair terms, keep records of all correspondence orconversations, and contact any authorities immediately if you have a problem. Editor's Note: Mr. Colemangraduated from UB Law School in May 1990. seriously. It's only school, after all, and we've all had years of experience of that. Have fun on the weekends. Goout dancing and hootin' & hollerin'. Engage in the most decadent of debauchery. Wear relaxed clothing, because most of you are probably looking at a future filled with horrible business suits—ties that strangle you, nylons that make you itch, all that good stuff. If you're a political animal, then stay political! There are lots of opportunities, both on and off campus, to continue any activism that turns you on. Write letters to The Opinion and start a fuss! But mostly, just relax and enjoy the ride. The road may be bumpy, but, like all commutes, it sure beats working! When you party remember t0... \_PARTY / Don't gel wrecked. If you're not sober- or you're not surelet someone else do the driving A message pnniclcxl b\ lhiMio\S|);i|XT and Beer DrinkiTs nf.Aiw.TicJ * lilt * BEER DRINKERS OF AMERICA PARTY*SMART National Headquarters 150 Paularino Aye.. Suite 190 Costa Mesa.CA 92626 714/557-2337 1-800-441-2337 nWrl>iiiikiiMii \imiii.ti>.imm-pritlii(fivhtunrr Htt'mhcnUiip lll'liJlll/alllKl H|Hll llll|\ to pITNUIMIH'I- till 1.Kvi<\ 1\ Law School Picnic Softball,Volleyball, Great Music Food and Free Beer I Sat. Opinion 12noon-6PIvIB Baird Point Recruitment Party Friday, September 7 12:30-1st Floor Lounge The Deadline for the next issue of The Opinion is September sth at s:oopm FREE BEER & PIZZA Please submit articles to Box 677 or 808. August 24,1990 The Opinion 3 �it «■iwp YOUR •*• LIJ LAN I IC daji A am B&tfU BAR/BRI Leaves Nothing To Chance. ta/fc/f The Nation's Number One Bar Review. 4154 Seventh \%e.. Suite 62. N.Y.. N.V. IflOOl 1212) 594-.WJ6 (2011 623-3363 161) Commonwealth A>e.. Boston. Mass 02116 (617) 437-1171 4 The Opinion August 24,1990 I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b666becee1558913976b3b99d15b6cfd.pdf 0eedf862479ed4d4d2a0e0463ba39cac PDF Text Text THE OPINION Volume 31, No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 18, 1990 BPILP Fund Raising Exceeds $20,000 Goal! by Andrea Sammarco News Editor As the echoes of the volunteers' cries begin to fade from O'Brian's hallways, BPILP's "Work a Day in the Public Interest" Pledge Drive for 1990 appears to have been an unparalleled success. The drive took place the week of April 2nd, and BPILP staff and supporters were unflagging in their quest to obtain support from the law school and the Buffalo community. Pledge Drive participants tabled throughout the week in front of the Sears Law Library, soliciting pledges from likely looking donors with enticements of tshirts and coffee mugs for money up front. The central theme of the drive involved the encouragement of faculty and students to pledge the amount of money which they expect to earn in one day of work over the upcoming summer break. For most students, this figure was estimated at about $30. Although a few pledges are still trickling in, the official last day of the drive was Friday, April 6, when Pledge Drive workers made a final appeal for contributions from Buffalo Change & Community participants. The total amount pledged as of Friday was an impressive $20,734, an increase of over $9,881 from last year's total, and $734 more thanthe figure which BPILP had established as a goal. The breakdown of these figures reveals that 45% of the law school faculty participated in raising BPILP money this year, while 47% of Ist years, 47% of 2nd years, and 28% of 3rdyears took part in thedrive. In addition, BPILP raised over $4000 through alumni contributions this year. The competition between Ist year sections resulted in the triumph of section 2, which succeeded in raising 54 pledges over the course of the week. Section 3 made a noble effort to overtake section 2, with 43 pledges, and section 1 brought in a solid 31 pledges. As a result of section 2's efforts, they will be treated to a party before the end of the semester, which may be combined with Betty Mensch and Allen Freeman's spring semester party sometime in April. Although substantial credit must go to the tremendous effortmade by thefaculty and students in supporting the Public Interest Pledge Drive, the Herculean efforts of Graduate Assistants Kathleen Welch and Chris Thomas were responsible for drawing a large portion of the contribu- Community Leaders Meet at Law School The "Buffalo Community & Change" Conference, as part of the Mitchell Lecture Series, was presented on April sth and 6th. Organized by members of the Law School community, the conference was a successful departure from traditional ways of thinking about community or- by Kate Armitage ganization, empowerment and change. Important questions concerning the fu- — dividual agendas agendas which may historically include marginalized economic, ethnic, and racial groups. The conference also demonstrated the inherent difficultiesfaced by well-meaning efforts to include representatives of every interest dedicated to urban problem-solving. As a gathering of just one slice of the vast pluralism that is Buffalo, the conference stimulated much critical thought and reflection. It encouraged a new type of activism, an intellectual activism, and as such the conference underscored a critical ingredient for the development of Buf- falo. PeteClavell, Mayor ofBurlington, Vermont gave concluding remarks at the conference. ture of Buffalo and the role its community leaders and organizations can play in the means by which their goals can be attained were presented. In addition to rais- ing critical issues, the conference created an opportunity for community leaders, scholars and experts to interact towards developing shared understandings of Buffalo's future. Professor Peter Pitegoff, whose dedicated outreach through the Community Development Clinic has united our community in various Buffalo causes, is pleased that the "conference was successful in bringing together diverse perspectives, in underscoring the need to build a common ground in Buffalo, and in demonstrating that the law school can play a constructive role in community change." The goals and purposes of the conference were not to provide comprehensive solutions, but rather to create an atmosphere of exchange. The conference demonstrated a model of organization by which various institutions and communities can begin to coordinate their in- Our law school community demonstrated that concerted efforts and shared understandings within our institution enable us to take a collective role as a catalyst for changes outside this institution. Those who attended the conference offered various insights on the perspectives of panelists. David Steinberg, Chairman-elect of the Federalist Society, felt many of the real issues had been displaced. "While it's important to always remember the past, itis equally important to deal with the present in a constructive way to insure greater possibilities in the future." "The tough issues were put on the table," said Judy Shanley, a first year law student and conference organizer. "Dr. Marable's keynote speech exposed a lot of myths about the re-emergence of Buffalo in that sense, the speech was very positive. But I think he may have been preaching to an already converted audience," said Jeff Williams, former Editor-in-Chief of the Buffalo Law Review. "The conference as a whole," he said, "was unique it may be the starting point for exposing major problems and figuring out what to do to solve them." Toni Delmonte, a second year law student and organizer said it "was a good gathering of people with a lot of common goals and interests, it was an excellent start towards creating a vision for change in the Buffalo community. We definitely need a follow-up conference for developing some concrete strategies to promote these changes." — — tions collected from sources outside the law school. The submission of a grant proposal written by the plucky duo resulted in the donation of $5000 from Interest on Lawyers' Accounts, marking the first time a student organization has ever received lOLA funding. In addition, the National Association of Public Interest Law, of which BPILP is a charter member, kicked in $2000 as a result of NAPIL's fundraising efforts undertaken on behalf of its member groups. The money which BPILP raises will be used in large part to provide stipends for summer positions with public interest agencies in Buffalo and Rochester, which theProgram helps to fund. These full-time positions last ten weeks, and provide a stipend of $2000 for the summer. This year's positions will be with the Office of AIDS Discrimination Issues in the NYS Division of Human Rights, Legal Services for the Elderly and Disabled, the Volunteer Lawyers' Project, Farmworkers Legal Services, and the Family Unit of Neighborhood Legal Services. A position is also available to 2nd year students only with Legal Aid of Buffalo, Criminal Appeals Unit. Graduate Assistant Chris Thomas stressed that the total figure pledged "is not an amount currently in hand", but only a cumulative figure representing the total amount promised to BPILP. This summer, the Program must undergo the arduous process of following up on pledges. "We still have to collect." Symposium Airs Gender Issues On Saturday March 31st, the University hosted a symposium on "Changing Tomorrow Women Leaders." The conference looked at the role of women as leaders in the community, in their professions, and on campus. About 250 women attended the day-long event. The symposium opened with an inspirational keynote address delivered by Carol Pearson, author of several books including Educating the Majority: Women Challenge Tradition in Higher Education (1989). Following the keynote address there were various seminars, such as career choices, promotion, knowing your rights, managing stress, politics, and leadership roles of the 19905. — by Maria Schmit Managing Editor UB Law Professors Judy Scales-Trent and Lucinda Finley led a seminar on "Roadblocks to Success." Professor Scales-Trent, former appellate attorney for the Equal Opportunity Commission in Washington, D.C., and author of several articles on employment discrimination, stated that the roadblocks for women are "very real." Gender and race discrimination are still prevalent in the work force and affect the hiring and promotion of women. Although the overt barriers have been removed, discrimination still exists. Discrimination in the 1980's and 1990's has taken a subtle and sometimes subconscious form. Professor Finley, who has published extensively in the area of gender issues, discussed the reality of the "glass ceiling" effect. Professional women can see further up on the promotion ladder and it looks as if a promotion is in reach; but in actuality it is blocked. Just because a woman gets hired by a big accounting or law firm, does not mean that the (older white male) partners running around the firm have been brainwashed of all their (societal based) perceptions and attitudes about the role of women. Now that the overt roadblocks have been eliminated women are entering professions only to find that they can not get ahead. There are very few department chairs or partners in law, business and accounting firms. Professor Finley discussed the recent Supreme Court case Price Waterhouse v. Hopkins (1989). Price Waterhouse accountant Ann Hopkins generated the most business in the Washington, D.C. office. Yet, she was not promoted to partner while other less successful men re- ceived promotions. After inquiring into the matter, she was told that she was not promoted because she was too assertive and too abrasive. The male partners recommended that she try wearing jewelry and dressing more feminine. Ironically, her assertiveness was the exact same behavior that the men were promoted for. Ann Hopkins brought a Title VII suit against the firm. The case made it up to the Supreme Court. The Court held that gender stereotyping played a role in the firm's evaluation of Hopkins. The Hopkins case reflects the verity of roadblocks. Women today have a hard time being accepted as professionals. Until recently, professional fields, such as journalism, business, law and medicine have been dominated by men. Men defined the qualities and traits that were needed for success in these professions. For example, one of the male-defined qualities of a successful lawyer is assertiveness. When women started entering the professional fields they had to conform to the pre-defined roles of the professions. Women who did not conform risked being perceived as unprofessional. However, it was (and to a large extent is) a no-win situation. If a professional woman acts assertive, a quality favored in men, she runs the risk of being perceived as a bitch. If the woman emulates others in her profession, yet does not follow the (unwritten and) male defined behavior code to success, she may not be taken seriously by other men in the profession. The double standards used by Price Waterhouse are not unique to that case. True, roadblocks exist, but women must not become complacent and accept the role of professionals without the potential for promotion or leadership. Great strides have been made, but the battle for equality is not over. Women must excel in their professions and become leaders. Lastly, the qualities of professional behavior need to be redefined on neutral grounds. HIGHLIGHTS A discussion on the Arab-Israeli conflict Student reflects on Jessup Moot Court Competition ... page 3 page 6 �#1 THE RE ASON SO MANT PEOPLE CHOOSE PIEPER: Isn't that what a Bar Review Course is all about? PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 willis , avenue, mineola, new york 11520 (516) 747-4311 The Bar Course That Cares. MiAE PARK 2 The Opinion April 18, 1990 • phone: Buffalo Representatives BARBARA SCHAUS • JAMES SNASHALL �COMMENTARY Culbertson Bids Farewell to Law School Community As I sit here, writing my last column for this newspaper, I am reminded of the bumper sticker that says, "So Many So Little Time." In a way, Pedestrians I feel that there is a lot for me to say, but not enough space to do it. To this extent, forgive me if I only touch briefly on a number of subjects that probably deserve their own column. — by Andrew Culbertson Like any prolonged experience I have had, law school has had its shareof enjoyments and disappointments. Since I have always tried to be more of an optimist than I admittedly am, let me start with the good things I will remember. These include the first day of law school, when I seemingly met more bright and intelligent people than I had met during four years of college, my first "H", the first time I saw my name on an interview list, and myfirst column for this paper. Professor Konefsky, who never forgot that law isas much about people and personalities as it is about statutes and stare decisis; Professor Joyce, who I regrettably didn't have a class with until my last semester here; and Professor Phillips, who, unlike a number of professors, always made time to talk to students. Also, how could I ever forget winning the intramural softball title with the Swartz, as well as my second-place finish to Curtis Strange at last year's U.S. Open in Rochester (just kidding). Last, and certainly not least, the friends I have made, and you all know who you are. It hasn't always been easy being a student at this school, and not just academically speaking. While I am proud to go to a school that is known for opposing oppression and promoting equality, I have come to realize one very disturbing thing. Had I gone to one of the more traditional law schools, I probably would have encountered a conservative atmosphere that was intolerant to liberal views. Instead, I got just the opposite. Although it may have been more bearable to the extent that am admittedly more liberal than I conservative, it is still wrong. It will be refreshing to return to a world where people don't wear their political beliefs on their sleeves. If I said that I was entirely happy abou this newspaper, I would be lying. In many ways, it has come to reflect the generally liberal overtone that I just referred to. The irony here is that most of the student body, as far as I can tell, are moderates like myself. Unfortunately, this paper has become a sounding board for political extremists, and the majority of arguments made by these people are ad hominem, shallow, self-serving, and often reminiscent of the Morton Downey, Jr. Show. To the extent that we already have two extremist publications in this school (Federalist Papers, The Dissent), I would encourage moderates to express their views through this newspaper. After all, we are the realists, the logical ones, the people who realize that you can't change society by deifying the likes of Ayn Rand or Che Guevara, or calling people weasels. By the way, to the extent that I have apparently been classified by at least one person at this school as one of the "peevish leftists" whowrite for this newspaper, I just have one thing to say. My views have never been anything but logical. If speaking out against such societal travesties as racism, fundamentalist mentality, greed, and Ronald Reagan make me a leftist, then perhaps my accuser is dumber than I thought. graduate, always ready to take a picture even at the most inopportune times, and someone whom I always enjoy talking to. Maria Rivera, who did a job that was extremely important, yet always unglamorous, a person whom I respect as much as anyone in this law school. And, of course. Donna Crumlish, who has been here with me from day one. While she once said that she couldn't havebeen a good editorin-chief without my help, she was just being kind. She is the one who has held this paper together, and is a person who it has always been a pleasure to work with. I really can't think of three better people to have worked with, and I wish each of them the best of luck. I believe that someone once said, in reference to Shakespeare, that it's not the tale, but the person who tells it. Along these same lines, it's not always what you say, but how you say it. I am hopeful that you will remember me for both. Thank you for reading me and, with compliments to Brent Musburger, the last three years have been a hell of a ride. In closing, I would be remiss not to say several words about three people who I have worked with over the past three years. Jeff Markello, a fellow U of R Editor's Note: Andrew Culbertson was Managing EditorofThe Opinion for 1989-90 and was responsible in large part for the content and direction of this paper. Hilterman Speaks on the Arab Israeli Conflict On Tuesday, April 3,1990, Joost Hilterman, a visiting professor at Georgetown University gave a lecture at SUNY-Buffalo regarding the "U.S. Foreign Policy and the Struggle for Human Rights." Hilterman's Dutch accent subtly underscored the international element of the human rights situation. Preparatory to the lecture was a forty-five minute video titled "Voices in Exile: Immigrants and the First Amendment" by Joan Mandel and Karen Hayes. The lecture was sponsored by the Organization of Arab Students, Graduate Group on Human Rights, American Arab Anti-Discrimination Committee—Buffalo Chapter, Palestinian Student Association, and the National Lawyers' Guild. by John Licata Features Editor The video covered the trial of the "L.A. Eight" who were individuals believed to be PLO activists in the United States. The government had no real basis for its belief but insisted on deportation proceedings to continue in spite of the paucity of its own evidence. The video ends with the acquittal of the suspected political insurgents but notes soberly that unless the United States can allow the free voices within its borders regardless of the source, the U.S. will not remain free. Hilterman centered his discussion on the human rights violations committed mostly by the Israeli Army in the West Bank. As a former member of Al Hag (a human rights organization in Occupied Palestine and West Bank affiliate of the International Commission of Jurists) Hilterman has the experience of witnessing and recording hundreds of cases of torture and oppressive measures by the U.S. funded Israeli Army. In his explanation of the situation in the West Bank Hilterman outlined a plan started by Moshe Dayan to annex the West Bank through economic dependency by the Arabs upon Israeli employment. The birth of the Intifada, the Arab opposition to Israeli presence in the West Bank, has strengthened the resolve of both sides to continue the struggle for obtaining their respective goals ofcontrol in the West Bank. Hilterman described Israeli reaction to the uprising as "repression: more of the same, except more. Collective punishment has increased to the point of travel bans on whole villages, whole villages prohibited from marketing crops, all this is documented in Al Hag publications." He identified the Israeli program ofcollec- tive and arbitrary punishment objectives that hoped to "cower people into submission, except it didn't work." After his short discussion there was a question and answer period wherethe audience responded with the passion that has surrounded the control of the narrow strip of land for over forty years. Hilterman smoothly explained the errors in interpreting various messages too strongly or in accepting dogma in the place of reasoned thought. One student summarized the Israeli government policy which stated thatthe use of physical force in questioning is limited to extensive questioning without rest. Hilterman replied that "Israel is not going to state a policy of torture." He then recounted several stories of individuals arbitrarily detainedand tortured by the army for crimes such as the possession of a publication without a permit. In theWest Bank all persons are required to get a military permit before acquiring any publication through a process that culminates in the requirement that thePalestinian pay taxes to support the army's presence in theWest Bank or forfeit any claims to a good standing certificate. Palestinians have the choice of not paying the tax and having no chance at a permit, or to pay the tax and being branded a "collaborator" by the Intifada with the commensurate uneasy lifestyle. In response to a question about the veracity of describing Israeli government as oppressive rule Hilterman replied, "Any foreign rule is oppressive. The acts I have seen of the Israeli government dispossessing Arabs, street leaders liquidated by the military in civilian clothes, soldiers regularly beating people: that is daily life." A student compared the present actions of the Israeli government to the incipient measures of Nazi Germany in 1933, linking the arbitrary arrests and permit regulationsfor published material of both governments as an ironic comparison in history. Not surprisingly therewas a counterpoint made regarding the severity of Hitler's national plan of genocide and the Israeli attempt at securing the West Bank. The situation was not resolved by the forty people at the lecture, and tempers flared to the brink of uncivil behavior while some individuals left before the end of the discussion. In his closing remarks Hilterman encouraged people in the U.S. to take action against individuals presently in the U.S. who have committed grave breaches against the Geneva Accords Sec. 146 and 148 and are clearly prosecutable under American law. UB Law Studentsprotested the University's hire ofnon-union laborers at the construction site of a new Fine Arts Center behind Alumni Arena on April sth. HotelAlcatraz No Deal for Inmates On Sunday April 8,19901 saw an article in the New York Times that had the headline "More Criminals Being Ordered to Pay for Jail Stays." (That's p. A-25 for those with a copy now sitting underyour coffee table.) The article quotes Judge William Wilkins Jr. of the United States Court of Appeals for the Fourth Circuit, in Richmond, "We see this as merely an equitable and common sense thing to do. If you have the wherewithal to reimburse taxpayers for the cost of your imprisonment, whichyou caused through the commission of a criminal act, then you ought to have to pay." by John Licata Features Editor Of course the ACLU has brought up the logical objection thatthe prisoners are not getting their moneys worth by staying at the overcrowed Federal penitentiaries. This problem intrigued my sense of conscientious consumerism: might the criminal be able to go comparative shopping in an attempt to find his/her "best buy?" The Sentencing Commission was created in October 1985 and 254 defendants have been ordered to pay the $1,210.05 monthly payment. That comes to $40.34 per day for room, board and all the physical discomforts the state can provide: overcrowding, romantically inclined roommates, and inadequate medical care. To get a handle on where the judiciary was coming from with this sentencing I called a friend of mine in a judicial clerkship, C.J. Tamba, not too far away from the heartbeat of the nation and asked him how his judge felt about the whole thing. "It's great, a wonderful release for her energies. She can really rack up the points on the drug war." C.J. went on to explain that the persons who can really afford to pay for their stay in Club Fed are those people who have amassed fortunes at the expense of society. I asked him about the bank presidents in trouble over the whole S&L failure and how one recently received a thirty year sentence. That is a total of $435,618 in room and board, a figure well below the amount swindled at the expense of soci- ety. "Aww, you can't really be equating that with a criminal act. Mismanagement of funds is a risk in the banking industry, that's what the FDIC is for. Anyway, this is to punish those with ill-gotten gains who fall within the correct societal crime spectrum necessitated by societal pressures." C.J. is fluent at doublespeak. After a couple offutile efforts at getting him to come back to the topic I interrupted with my hole card, the possibility exists that a person could be charged for staying in prison and then win on appeal. What happens to the money? Is it a taking? What would Scalia think? "Word in the chambers is that the Supreme Court is waiting for a test case that can meet thestrict scrutiny of moral rubric while maintaining the backbone of loco parentis as practiced by the legal system in recent years. You have no idea how long these judges can stay awake at night worrying about you people." C.J. had taken on the voice of zealot trying to convince the masses of a supremely tenable position. How was I to refute him? He continuedto hit me with the compelling arguments. "Take a look at it from the penal system's point of view. There are too many cliches to ignore in this area. It's an idea whose time has come there ain't no such thing as a free lunch, if you want quality you have to pay for it and quality is job one." This was a legal argument thatdid meet the rational review and I tried to embrace it for its simplicity. There still was the matter of how to choose economic viability of those charged. "That's the beauty of our penal system. The white collar criminals are usually stealing large amounts of money, and we just put a flag on the funds. It's a lot of paperwork and some back-breaking financial recording gymnastics, but we get it done." Does that happen often? "No, we're not allowed to charge people on welfare. Thank God, most of the people we put away in the federal system are indigent." Maybe we have someone closer to home to thank for that. — April 18, 1990 The Opinion 3 �THE OPINION MAILBOX OPINION S lAi h I 'NT VhRSITY I W NEW YC )RK AT BUFFALO S( :Hl >OL OF LAW Volume 31, No. 1 April 18, 1990 EDITORIAL BOARD: Editor-in-Chief: Maria L. Germani Managing Editor: Maria E. Schmit Layout Editor: Michael D. Gurwitz Business Manager: Sandra Williams News Editor: Andrea Sammarco Features Editor: John B. Licata Photography Editor: Jim Monroe EDITORIAL Farewell This is the last issue of The Opinion for the school year. Some words of praise are in order for the outgoing Editorial Board and staff members of The Opinion under Donna Crumlish, the Editor-in-Chief. On many occasions this past year. Donna's decisivness not only displayed leadership, but often resulted in good judgment calls. She is certainly a tough act to follow. Andrew Culbertson (Managing Editor) addressed, informed, and delighted us with stories concerning issues much of America was grappling with; from changing political structures in Eastern Europe and the Soviet Union, to televangelism, the status of Pete Rose, and how history would judge Jimmy Carter. Maria A. Rivera had the most critical, thankless job. As Business Manager, her behind-the-scene tasks were necessary and crucial to the publication of The Opinion. Jeff Markello (Photography Editor) always came through with the film and photos despite last minute requests and notices of events to cover. You will ALL be missed! — Best of Luck to the Class of 1990 The Editorial Board and Staff members of The Opinion extend our warmest wishes to the UB Law graduates of 1990. What an exciting touch to these historic times CONGRATULATIONS!!! For many of you, the last three (or four) years have been the most grueling and demanding scholastically as well as personally. For others, law school was a conscience-raising and sensitizing experience. Causes and issues you may have previously simply acknowledged, now catch and hold your attention even to the point of action. A few of you even found love. You have all experienced the demands of the "jealous mistress" that studying the law was; devoting hours of time on understanding the principles, getting just the right phrase for your memorandum of law or brief, (or nailing down that rule against perpetuities!). Good luck to you all in your preparations for the bar examination, and in your future endeavors! While one third of you will be preparing for the bar, many of us will be working this summer to alleviate our debts and strengthen our legal skills. Some of you are taking that long-awaited vacation, or making up missed quality time with your children, spouse, significant others, parents, grandchildren, nieces or nephews. Some of you can't get enough and will be taking courses over the summer. Whatever you will be up to, I hope it is fruitful and fun. Good luck to everyone on their final examinations! — — — Ted Baecher, Len B. Cooper, Mary Clare Kane, Gary Ketcham, Daryl MacPherson Staff: Contributors: llene Fleischman, Loretta Smith, Andrew Culbertson ? Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year, it is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260.The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Option welcomes letter to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in Jawschool mailboxes 677 or 808 by the deadline date. Deadlines for the semester are posted in the mailroom and outside 77ie Opinion office, 724 O'Brian. ~Ttf£ AS/tL. *t-* '— [that 57Z>#Y!! r» >_ *v- A cwr fo* ovrvi/6-... MAKE* S£**£D THE n£f £ t rmn* £2?„ 4 ' MMtHT-mcm "«*» "*> * ,) C*t~,-o/* III) The Opinion April 18, 1990 To the Editor, As a graduate of Brandeis University, I find Michael Gurwitz's depiction of Brandeis in the April 4th edition of The Opinion to not be an accurate portrayal of students attending Brandeis in the mid to late eighties. Gurwitz's article leads readers to believe that drugs play an integral role in the life of the typical Brandeis student. In reality, most Brandeis students do not take drugs, and the small group of students who do are typical of that found on any campus in the nation. Students at Brandeis are a group of intelligent individuals who do not need to take drugs in order to enjoy life, or a movie. These students do not possess a narcissistic propensity for searching and self-gratification through drugs. The majority of students at Brandeis actively pursue knowledge through diligent study, socializing in a friendly, drug free atmosphere, and finding pleasure in helping others. The Club with the largest membership on campus is the Waltham Group, whose mission is to help the Waltham community, especially its youngsters. The students I went to school with at Brandeis were able to establish a sense of community that did not owe its existence to drug use. The many great parties I attended at Brandeis were drug free. Brandeis is a great campus for student bands and many of the impromptu concerts I attended were in dark, crowded, smoke-filled rooms that were noticeably free of drugs. Of course there were a small minority of students on campus who used marijuana, but their small numbers are not representative of the entire Brandeis community. Renee Walner First Year Student Editor's Note: Ms. Walner graduated in 1988, 4 years after Mr. Gurwitz. This may account for the difference in perceptions of drug use at Brandeis. Moderation Might be Easy, But it Doesn't Solve Problems To the Editor, If you stand in the middle of the road, you are bound to be run over. It is unfortunate that I have to write this letter in response to Darryl MacPherson's article in the April 4, 1990 issue of The Opinion. In his article, Mr. MacPherson criticized the National Lawyers' Guild and others who protested the University policy which permits recruitment through the Career Development Office by employers who discriminate on the basis of age, handicap, and sexual orientation. While Mr. MacPherson expressed lukewarm support for the goals of theprotests, he felt that the "disruptive tactics" used by protesters, such as songs and chants, were too extreme. From the timeI started law school three years ago, students have been engaged in a dialogue with UB administrators on this issue. Those of us concerned withthe injustice of this policy have initiated countless meetings, correspondence, and other contact addressed to administrators. I believe it is quite an understatement to say that our concerns were met with contempt and summarily dismissed by President Steven Sample and his underlings. Therefore, I can only say to you and other moderates like you what a fellow activist named Martin Luther King said to the moderates of his day. (Substitute the word "negro" with "gay and lesbian or handicapped".) "I must confess that over the past few years I have been gravely disappointed with the White moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in his stride toward freedom is not the White Citizen's Council of the Ku Klux Klanner, but thewhite moderate who is more devoted to 'order' than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: 'I agree with you in the goal you seek, but I cannot agree with your methods of direct action'; who paternalistically believes he can set the timetablefor another man's freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a 'more convenient season.' Shallow understanding from people of good will is more frustrating than absolute misunderstanding from peopleof ill will. Lukewarm acceptance is more bewildering than outright rejection." M.L. King, Letter From Birmingham Jail, April 16, 1963. I hope in the future, you and moderates like you will join us in the struggle against all injustice. There is too much work to be done; we cannot afford to hold each other back. Siempre Adelante! (Forever Forward!) Troy Oechsner National Lawyers' Guild Outgoing Pres. Expresses Thanks rcwo&v*?***' fjfl \y DAY, art Flf£ SOMM£-* %** BKicr «s Brandeis Graduate Objects to Drug Characterization ******j mkk**. &VT *£ f/^fft k T Dear Opinion Editor, I write to express my special thanks to all those who have helped make the 1989-1990 year one that we all can remember. First, I must thank Jim Monroe, Taunya Hannibal and Wendy Urtel for all they have done as members of the SBA Executive Board. Their constant support, dedication and desire to provide the best a student organization can offer showed throughout the year. Without the three of them, little would have been accomplished. Second, I would like to thank Dean Filvaroff for his open mind, open door, and for the support he has given to me and the rest of the student body. While we have not always agreed on the means by which problems should be resolved, I can say that he is a true student advocate, and a valuable asset to the Law School community. Cheri Tubinis (the Dean's Administrative Assistant) also deserves a special note of recognition. Having been a part of the community for 15 years, Cheri has been there to meet the varying needs of every person who has walked through her door. A letter such as this can barely express her value to an institution such as ours. A special note of thanks must go to all those within the student body who believe that our education involves more than what goes on in the classroom. The SBA directors, student groups, and studentcommittee members deserve thanks for all they have done to improve the quality of students' lives. I would like to thank Joe Militi, Paul Labati, and Karen Welch for the work they put forth in organizing two very successful blood drives. Finally, I thank Kimi, Nate, Audrey, Jeff Schlechter, Kathleen, Betsy, Frank, Bill, Kathy, Aileen, Mary, Pam and everyone else who made sure that as SBA President I didn't fall on my face. Sincerely, Christopher Reo �GROUND ZERO Are You a Man or a Mouse? Inquiring Minds Want to Know "Custom will reconcile people to any atrocity; and fashion will drive them to acquire any custom." George Bernard Shaw — Law school is a rat race. We students scurry around the maze of halls in O'Brian, in and out of lecture rooms, all in search of the big cheese: our diploma. We get gratified by the positive reinforcement of an H, or burned by the negative reinforcement of a D. Some of us might run into the glorious brightness of an H*; others will get electrocuted by an F. Just like rats in a maze, right? by Michael D. Gurwitz like people do (in this country, anyway). Rats do not get the same ethical upbringing that you or I do. So when some scientist tells me that under crowded conditions I'm liable to take a bite out of Baby Jessica, I'll say "Hey Doc, I don't know about you, but I'm not a rat, and I don't expect that just because I lose some elbow room, I'll sink my chompers into a screaming two-year old." I can imagine the scientist's response: "Well, Son, after spending millions of dollars of taxpayers' money and repeating these experiments thousands of times, we can tell you with full confidence that deep down, like it or not, you're a baby-eater." Layout Editor "Psychology is the study of rats." That's what one of my professors told me in college when I was majoring in psychology. I learned that if you want to predict what will happen, for instance, if you cram too many people into too small a living space, then do it to rats. Afterfouryears of studying the science of the human mind, I am proud to say that I, Michael Gurwitz, can tell you, Joe or Jane Reader, what would happen if you, and all your family and friends, and your friends' families, were forced to live in too small a space for too long a time: you would all start fighting and killing one another, then you would start eating babies alive, and finally, you would cannibalize each other. Just like in Night ofthe Living Dead. Hey, that's what happens when you overcrowd rats, so obviously, that's what would happen to people, right? Wrong. Of course not. People aren't rats, and rats aren't people. Rats do not have a tradition of Judeo-Christian values tion that a psychological researcher will test to see whether, for example, if you give a dog a bone and ring a bell, eventually the dog will salivate at the sound of the bell. In reality, psychological experiments on animals involve the mutilation, burning, starving, freezing and driving insane of millions of monkeys, ddgs, cats, rats, and other animals every year, often at taxpayer expense. Consider the following experimental procedure: Cambridge (England) scientists administered electric shocks to the eyes of rabbits to make them blink. Shortly before the shocks therabbits were shown a light that they came to associate withthe pain in their eyes. Eventually they became conditioned to blink withthe light alone. Science marches forward. Call me fanatical, call me extreme, but for some reason, it bothers me to learn that people in white robes are electrically shocking the eyes of rabbits. Scientists would call me emotional, or anti-science. I admit that I have emotions (I think that most people do), but I am not anti-science I'm anti-torture, even of animals. Does this make me "one of those animal rights nuts"? If I'm a nut, then what do you call "northe guy who shocks rabbits' eyes mal"? Then there is common sense. Do you really believe that people and animals think alike? Consider this true experiment: to study the relationship between peer pressure and alcoholism, researchers will turn a group of monkeys into alcoholics. Then they will take a non-alcoholic monkey, place her in a cage filled with drunken monkeys, and see if the healthy monkey will drink alcohol with her fellow — — I wish I could say that everything I've written is just the result of a twisted imagination, but regrettably, it is not. Psychological experiments on animals are conducted every day in universities and research institutions around the world in an effort to understand how people think and behave, and they are anything but painless. These experiments go far beyond the common misconcep- monkeys. I have a few questions: does this monkey have a job? If so, does she worry about whether she'll get fired for having a drinking problem? Does this monkey have a family depending on her? Does this monkey watch TV or read about the dangers of alcohol? I could go on, but I think I've made my point. Psychological testing of animals makes no sense, is stupid and cruel, and is an enormous waste of money that can be better spent meeting the physical and emotional needs of people. It is time to end the waste and cruelty of psychological testing of animals. Our society should not condone such insanity simply because researchers want to satisfy their curiosity or publish instead of perish. Just because we've been abusing animals in this way for a long time does not mean that it is right, or that we can't stop it (to paraphrase Shaw, that we can't change our customs and unreconcile ourselves from any atrocity). Next week will bring us two events that are meant to heal humanity's relationship with our planet and our fellow creatures. April 22 is Earth Day, and April 23-28 is World Laboratory Animal Liberation Week. These are good times to reflect on our species' connection with the Earth and all its inhabitants. We know that we are reaching a crisis stage in global history. As human beings, we have the power to destroy all life on this planet, or to save it. It is time to start saving lives. ERRATA: Last issue in this column I mistakenly referred to Willy Webster as the head of the FBI. Willy Webster was the former head of the FBI. The current head is Willy Sessions. I apologize for confusing Mr. Sessions with Mr. Webster, but either way, he's still a Willy. Graffiti Prompts Reflections on Free Speech at UB As I was sitting in a library study carrel yesterday trying to avoid the reality of a fifty page reading assignment which sat impenetrable before my eyes, I glanced up to find a startling piece of graffiti carved into the shelf in front of me. Its message, in no uncertain terms, was that an extremely vocal member of the conservative element of UB was a "SELFLOATHING HOMOSEXUAL". You can imagine my shock and amazement at the import of such a message. My discovery was all the more disturbing as a result of the enormous amount of energy I had expended over the past few months in countless conversations and hours of soul-searching over the issue of free speech in the law school community. I had almost reached the point where phrases such as "the faculty statement", "Amherst Police Department", "JAG Corps" and "homophobia", having become all too familiar, were the only speech I wanted to prohibit. This was not because of any disagreement with their meanings, but only due to the fact that I now know more about them than about "springing executory interests", "products liability", or "pre-trial identification procedures", concepts I have supposedly mastered in all of their subtle nuances. by Andrea Sammarco News Editor This is not to say that I wish to quell the debate which has been raging concerning free speech on campus, or that such conflict does not encompass within its parameters issues which are emblematic of serious problems within our society at large. In truth, I am very grateful that such concerns do get raised at this law school, because experience in dealing with and resolving questions of prejudice and antagonism towards one group in relation to questions of free speech provides a much more substantial and important learning experience than one could obtain from any casebook. I want to use the graffiti which I observed in the library in order to illustrate a number of points. First of all, it makes apparent the fact that hate speech can be used against anyone. I'm not sure which party the individual who wrote this epithet meant to insult, but it seems that many people would be offended by such a phrase. Although I cannot claim to speak for the conservative who was implicated as a "self-loathing homosexual", I suspect that he may feel insulted because a) he considers homosexuality to be aberrant behavior, and/or, b) the graffiti seems intended to call into question the motivation behind this person's political beliefs. In a similar manner, lesbians and gay men may be insulted by this graffiti because it seems to imply that homosexuals should somehow be ashamed of their sexual orientation.The fact that this individual whose name was written in the carrel may consider homosexuality a sin does not place the objection he may experience to the epithet on the same level of importance as the objection of a lesbian or gay man. His subjective interpretation of homosexuality as a personal deficiency is in no way comparable to the threat posed by homophobia to the lives and happiness of a substantial segment of society. However, the graffiti provides evidence of the temptation felt by some to slander members of our community based on their beliefs or lifestyles. I must be honest and say that I am indebted to the author of the exclamation for demonstrating to me an example of hate speech which cuts across many boundaries in its capacity to convey hatred and to inflict pain. He or she proves that hate speech may be utilized against not only the typically disadvantaged members of our society, but may include any individual or group within its bounds, including theconservative minority on this campus. This brings me to my second point, which concerns the enticing notion of unfettered free speech, and whetherthe First Amendment allows for the establishment of boundaries on its employment. Obviously, we do not live in a perfect society where free speech, in all of its splendour, will bring forth the light of truth if allowed to go unregulated. The reality of our society is that it can and will be used, in the most basic and Darwinian sense, to disparage and oppress certain members of society, and further, that the oppressed will usually be those who typically have been oppressed, such as women, people of color, and gays and lesbians. In a perfect world, the head-spinning heights to which truth may be elevated in the "marketplace of ideas" are not undercut by the physical realities of violence and brutal oppression. In a perfect world, the light of reason produced by the clash of opposing ideologies is not clouded by wilfull ignorance and hatred of an individual's skin color or sexual preference. The notion promulgated by civil libertarians that speech may always be used to successfully counter government oppression and will also ultimately bring out the in society, although absolutely desirable, is not one which promises success, at least not in the near future. As a student at ÜB, I have seen the university president stand idly by while lesbian and gay students are harassed and intimidated, and then react quickly against law school faculty attempts to ameliorate the situation. I have seen a candidate for the position of SBA president speak out in the name of what he conceives of as "TheLaw" in its pure and undiluted form by proposing to cut the budget of any group with whom he does not agree. I believe that a majority of students at this law school may be feeling disturbed and slightly irritated at the intense reactions of both political extremes to events on campus, and I have seen those feelings subsequently manipulated by one political ideology to be used as ammunition against another. This is not to say that unfettered free speech is a goal which should be abandoned. In fact, it is imperative to stress once again, in response to all the frustration and anger of sensitive and caring individuals whenconfronted with the insidious accumulation of hate speech which permeates our world, that informed response and education are the best tools to combat ignorance and fear. At the risk of being repetitious, I would stress that the suppression of one type of speech leads to the suppression of all speech. I also feel that it is very important to recognize the distinction between the manner in which an idea is presented, and the idea itself. As a member of the pro- gressive contingent of the law school, I admittedly have been tempted at certain points in the past to discount the validity and weight of an article or viewpoint because it was printed in, for example, the Federalist Papers, and I'm sure that many members of the conservative element here could say the same thing about The Opinion. On a more intrinsic level, this tendency replays itself many times over in our subjective analyses of ideas, based on half-realized assumptions and insidious prejudice. This process is the basis of the hate speech which we react so strongly against, and its development in ourselves may go unnoticed in thefervent drive to eliminate it in others. At the risk of sounding naive, I would like to posit the suggestion that it is imperative, while developing the argumentative skills and talents so conducive to good lawyering, to resist the temptation to "go for the jugular" in our personal relations. While defending a client in a court room setting requires the ability to take advantage of the weak points of the opposing side's argument, the most beneficial means of solving a problem outside of the court room is to utilize the best aspects of both sides of an argument. This involves: 1. The recognition that not agreeing with a person does not make that individual your enemy, nor does it automatically define all of his or her beliefs as "right", "left", or "moderate". 2. Concessions. In recognizing the aspects of your opinion (and it is only an opinion!) which may be ideologically unsound, and conceding points which you find persuasive, instead of battling "to the death", you preserve the respect and integrity of all parties concerned. 3. Respect and tolerance for opinions which differ from your own. I have attempted to elucidate certain principles which I feel too often get discarded in the rather contentious atmosphere of a vibrant law school such as ÜB. Hopefully, a more tolerant environment for the diverse political beliefs of the student body will in turn promote tolerance and acceptance for everyone beyond the confines of this university. April 18, 1990 The Opinion 5 �Jessup Moot Court Competition A Rewarding Experience This is a thank-you note to everyone who participated in the Second Annual Jessup Moot Court Competition for firstyears and to all those members of the Jessup Board who worked to make it successful. To acknowledge how hard everyone involved in the competition worked, an explanation of this event is in order. zational costs. Thus, Fasken monies relieve the administrations of these four schools from the burden of having to underwrite the competition. Nonetheless, participants must rely on their schools for support to cover travelling, housing and food costs. The first-year competition generally works this way: the Jessup Board holds an informational meeting for all interested first-years during which Board members explain the basics of the issues to be debated and describe some of the technical aspects of a moot. Interested first-years then familiarize themselves with the fact situation, briefs already written about the problem and any additional information. All of this material is Xeroxed by members of the Jessup Board and made available to first-years at cost. Big thanks go to Board members Nan Clingman, Kimi King and Todd Williams who worked on the informational meeting and prepared the packets of information for first-years. Loretta Smith The First-Year Jessup Competition began for UB last year when Professor Virginia Leary received an invitation, asking our Jessup Board to participate in a moot for first-year students. The competition had been on-going among the Syracuse University Law School, the University of Toronto Law School and the Queens University College of Law. For many years the competition had only been between Toronto and Syracuse students with Queens starting to participate two years ago. One of the reasons why UB was invited is that these four law schools form a geographical region. Since each of these schools is within a few hours' drive from the others, the competition can conveniently be hosted at a different school each year. These schools pose tough competition: the University of Toronto is often considered the Harvard of Canada, with Queens calling itself the Canadian NYU. Syracuse University allows first-years interested in specializing in international law to write their oral arguments for this competition in their Research and Writing class. Without the generosity of the large Toronto-based firm Fasken, Campbell and Godfrey, who sponsor it annually, there would be no first-year competition. Fasken monies usually provide participants and coaches with an evening reception, a light breakfast, as well as cover the cost of printing packets and incidental organi- Various members of the Kingston group delivered on that promise in a big way. Special thanks goto Maryellen Gianturco who organized a fundraiser selling chocolate hearts for Valentine's Day that defrayed the first-year team's — — Moses Howden, Dan Vira, Donna Manghini, Pierre St. Hilaire, Doug Skular, Mark Kushner, Kirn Danzi, Scan Galliher, Greg Chestnut by J.P. Davis, M.A., j.d. illustrated by William Ortega WILLIAM S. HEIN & CO., INC. Buffalo, New York CONCH MAGAZINE LIMITED (PUBLISHERS) Owerri Buffalo 1989 Hardback: Softback: To be selected for the team, a student writes her/his own oral argument in order to deliver it in an intramural meet. Students have an opportunity to practice their argument before the intramuralwith members of the Jessup Board. In the intramural, they deliver their arguments before a three-judge panel of Jessup Board members knowledgeable about the issues. The 8 best oralists go on to represent UB at the first-year competition; four argue only as applicants and the other four only as respondents. All those involved in the competition approached it with great enthusiasm and commitment. The eight studentsfrom UB who competed at Kingston last year are Dudley Bertram, Bill Greener, Moses Howden, Maryellen Gianturco, Mcl Rogando, Pierre Sainte Hillaire, Loretta Smith and Cindy Storer. Participating in last year's event fired us up and we returned to UB committed to making this year's competition even better. We silently promised ourselves that we would give this year's team more coaching and technical advice as well as a big dollop of moral support. We wanted this year's group to benefit from our trials and triumphs. travelling costs. How to Pass The Bar Exam Available at: As this competition is designed to teach and hone oral skills, first-years do no original research or writing. To get on the team, first-years rely on the packets of information given to them to prepare their oral argument. The packet includes the memorials written by the current Jessup team members as well as treaties and other material. The problem in the firstyear competition is the same as the current Jessup problem, an au courant issue of international law. This year's Jessup problem focused on the use of Antarctica as a toxic waste site and on liability for the extinction of a unique starfish species resulting from the removal ofsuch waste. 482 Franklin Street Buffalo, New York 14202 (716) 884-2606 $24.50 $14.50 Moses Howden, William Bee and I judged this year's intramural competition. As Moses was unfamiliar with the Jessup problem, he spent many hours acquainting himself with the fact situation and issues of the problems to act as a competent judge. Big thanks go to Cindy Storer who, with Moses' help, organized the practice rounds to get thefirst-year team prepared for the competition. Along with Pierre Sainte Hilaire, Moses helped prepare the team during three consecutive events by acting as judges and coaches. Others who helped prep the team are three of this year's Jessup Team: Bill Bee, Marybeth (continued on page 7) Kaplan-SMH proudly announces: Computerized Diagnostic Analysis Attorneys Reading Your NY Essays More Multistate Questions Until now, studying for the bar exam has been a guessing game for many students. Sure, all bar review courses teach the law, and some give you practice exams along the way. But now Kaplan-SMH is providing a sophisticated diagnostic tool to all of its students as an integral portion of our course. We not only teach the law and give you lots of practice, we analyze your practice by computer and give you detailed diagnostic printouts showing which subjects need more study! The CDA: Identifies the core subjects in which you are strong; Shows you the major topics and subtopics you should study more, and refers you to the appropriate study materials; Helps you avoid wasting time on the subjects and topics which you already know; Provides an estimated MBE score! On the NY Bar, Kaplan-SMH has added live readers for your sample essays. Practicing attorneys will read your essays, examine them for accuracy, for analysis, and for style. You will receive your essays back with substantive comments. Kaplan-SMH For the Test of Your Life (Plus $2.00 Shipping/Handling) For more info: 837-8022 6 The Opinion April 18, 1990 1-800-343-9188 �Library Responds to Student Complaints Again The Complaint: It seems as though every book or journal I wish to use is "LOST"; not checked out, nor on the infamous 4th floor reshelve stack area. How can I do effective research in this library? The Response: It certainly can be frustrating trying to locate materials needed for research. There may be several reasons for not finding materials, indicated as being in the library, on the shelves. When the same assignment is given to a large class, the Circulation staff may be unable to reshelve materials as quickly as needed. Unfortunately, students are not always considerate of their fellow student's needs and fail to return materials to correct locations. This is evidenced by the large volume of materials left at the photocopy machines and on the tables. Especially troublesomearethe situations when materials are left at the end of bookstacks and, in some cases, hidden behind other books on a shelf. In a library of this size, the one item you are looking for on the second floor may have been carried to and, possibly, secreted on the seventh floor. It is the Circulation Department's policy to reshelve materials on the 2nd and 3rd floors and, in the photocopy rooms twice daily. Materials located on tables on the 4th, 6th and 7th floors are cleared on alternate evenings during the week. When there is an increased activity at the Circulation Desk, shelvers are reassigned to cover the desk. The Circulation staff will search for "lost" materials, as priorities dictate, if you fill out a pink lost book slip. Please be sure to check with a Reference Librarian if you are unable to locate an item. In many cases, the same materials can be located through the use of alternate sources. In addition, the Reference Librarian can determine if an item should be reordered or obtained on interlibrary loan. The Complaint: Why not post more signs throughout the Library more strongly imploring persons to reshelve? It is often quite some time before books left on tables find their way back onto the shelves. I've come to other libraries which have signs such as: RESHELVE OR DIE! Too strong? Perhaps. But something should be done to educate students as to the necessity of reshelving. Strategic reminders in theform of more signs would do the trick cheaply. The Response: We have signs posted on the second and third floors and in the Jessup Scarcello and myself. Grand thanks to Bill Greener, Moses and Pierre who accompanied the team to Syracuse. Bill was the trip facilitator, renting the van, arranging room reservations and ensuring that the logistical worries that plague events like this in no way affected the team's preparation. Moses and Pierre were coaches. Nan, Kimi, Todd, Maryellen, Cindy, Moses, Pierre, Bill Greener, Bill Bee and Marybeth gave more than just their time; their efforts created the opportunity for the first-years to learn lawyering skills in a practical way, to learn in one week how to think and talk the law in a way that most courses do not provide. Their generosity shows theirstrong belief in the efficacy of teaching oral advocacy to firstyears through a bona fide moot court competition. A grand portion of the thanks and gratitude expressed here goes out to those 1-Ls who represented UB at Syracuse on March 23 and 24: Brian Carso, Greg Chestnut, Kirn Danzi, Scan Galliher, Donna Menghini, Mark Kushner, Doug Skular and Dan Vira. Not only did these eight work hours and hours over their spring break just to create the structure of their argument, they also gave hours and hours to practice their arguments during the week when the first drafts of xerox room asking that our patrons reshelve theirbooks. We will post additional signs. It is our policy to have our own staff reshelve the books on the upper floors. However, even with our posted signs, it has been our experience that our requests to reshelve books have been ignored by our patrons. We ask that all of our patrons recognize that we need some assistance in keeping the books accessible to everyone. The Complaint: Why is there chanting and yelling coming from the Moot Court when we're trying to study on Thursday evening? The Response: If you could indicate the date on which this occurred, we could check with the scheduling office to determine if the Moot Court room was scheduled for use. Also, you may not be aware of the fact that the Moot Court room is rescheduled for events otherthan University classes. The Complaint: We, the women of the law school, appreciate the library's attempt to designate a female bathroom. Unfortunately some of our male associates have seen fit to tear down any identification put up. We regret the lack of responsible personal hygiene that made this necessary in the first place, and an attitude indeplore their misogyny appropriate for professionals ofthe 90s. The Response: The decision to designate a female bathroom on the sixth floor and a male bathroom on the seventh floor was made by the library staff after receiving complaints about the conditions of the facilities within the library. We realized thatthis would be a controversial decision and, as you know, our signs on the sixth floor bathroom indicating that it is a female bathroom have been repeatedly removed. Permanent signs will be affixed to the door shortly. Although we did not know who has been removing the signs, we would like to suggest that if there is a disagreement with the decision, that those disagreeing voice their concerns directly to the library administration. — The Complaint: I'm sick of going into the copier rooms and finding out that every single copier has something wrong with it. I'dlike to suggest thatyou get someone on the staff full time to maintain and repair copiers. The Response: The Circulation staff makes every attempt to keep the photocopiers in working order. The library staff is authorized to refill paper trays, to add ink, and to clear simple paper jams. Any from page 6 their briefs were due for Research and Writing. These eight could not have given more. Had I not seen their improvement personally, I would not have believed it. But having seen what they accomplished in the space of one week, I offer them my respect and gratitude for their hard work and guts. I know the students who went to Syracuse like those who went to Kingston last year have gained insights into the law, law school, each other and themselves that coursework does not and can not give. And it looks as though these eight are as committed to improving next year's competition as the Kingston team was last year. It's in the nature of this event: one cannot experience a first-year moot court competition and not realize its powerful and empowering benefits. I believe the time has come for the law school and the Administration to become aware of the efforts that various UB students have made to create, develop and foster a firstyear oral competition. It's timefor the Administration to provide help by setting aside funds so that the Jessup Board may be able to host this competition at UB next year. Once again, to everyone who participated in the first-year oral competition, thanks. And to the first-year team, welcome to the Jessup Board. other problems must be handled by a Xerox Service Representative or our warranty is voided. It may be interesting to note that in a six week time period, the four photocopiers on the second floor produced approximately 61,818 copies. Realizing the heavy demands placed on the copiers, the Law Library replaced two copiers, added two additional copiers, and installed a copier on the 6th floor at the beginning of the Summer of 1989. We have been aware that one of the problems that creates paper jams is the use of non-xerox paper. Recently Xerox was awarded the state contract for supplying photocopier paper. Once the new contract is operational, we hope that the use of the xerox paper in xerox copiers will reduce the instance of paper jams, and will improve the quality of photocopies. Even if we were able to add a staff member to maintain and repair the copiers, we would still not be able to insure that the photocopiers were in working order as many repairs can only be done by Xerox Service representatives. The Complaint: There has to be a way of getting a reference librarian in on Sun- days or getting someone in who can keep WESTLAW available on Sundays. We need to do research every day of the week, especially on weekends. The Response: Our present reference staff is not large enough to provide reference service on Sundays. The current staff consists of two librarians whose pri- Mary responsibilities are providing reference. One of these two librarians works half-time. Thefull-time reference librarian administers the Reference Department and, from January to July 1990, is the Acting Director of the Law Library. Two other librarians, the Documents Librarian and the International and Foreign Law Librarian, participate in providing reference service in addition to their other responsibilities. When not on sabbatical, the Director of the Law Library is able to take time from her administrative duties to provide reference service, too. We would certainly like to provide reference coverage on Sundays. However, without additional staff, we are forced to provide reference service when we feel the demand is the greatest. It should be noted that any of the reference librarians would be glad to meet with students, at a mutually convenient time, for reference help. In reference to WESTLAW, we regret that we cannot provide coverage on Sundays. Because of our educational contract with West, as well as with LEXIS, we must monitor use of the terminals. Recently, we installed three additional WESTLAW terminals in our WESTLAW Permanent Learning Center in an attempt to provide greater access during the week and on Saturdays. Also, we have four LEXIS terminals in our LEXIS Permanent Learning Center. While we appreciate and encourage the use of both WESTLAWand LEXIS, it should be remembered that much of the material in these databases is available in paper format in the library. UB Law Alumni Association To Honor Outstanding Members Five outstanding alumni will be honored by the University at Buffalo School of Law on Friday, May 11 when the UB Law Alumni Association holdsits 28th Annual Meeting and Dinner at the Buffalo WaterfrontHilton. The meeting will begin at 5:30 p.m., followed by cocktails at 6 p.m. and dinner at 7 p.m. The dinner is the Association's major fund-raising project. Following dinner, David E. Parker, president of the Law Alumni Association, will present Distinguished Alumni Awardsto: Hon. Edmund F. Maxwell, of Buffalo, Class of 1949. Maxwell is cited "for his conscientious performance as a U.S. Magistrate." Maxwell pursued a career in private practice until 1971, when he was appointed to his present position as a U.S. Magistrate, U.S. District Court, Western District of N.Y. According to Parker, "He is highly regarded by his colleagues and by attorneys for his intelligence and fairness." J. Mason Davis, of Birmingham, Ala., Class of 1959. Davis is cited "for his leadership by example as a private practitioner." Unable to attend law school in his home state because of segregation, he returned there after graduation and has assumed leadership positions in numerous professional, corporate and civic organizations. A businessman and politician as well as a senior partner in the Birmingham law firm of Sirote & Permutt, P.C., Davis has served as president of the Birmhingham Bar Association and as a Commissioner of the Alabama Bar Association. Paul Gonson, of Washington, D.C., Class of 1954. Gonson is cited "for his commitment to public service." Since joining the Securities and Exchange Commission in 1961, he has held a series of important positions in the Office of the General Counsel and has argued a numberoflandmark cases. Now Solicitor, he supervises the Commission's appellate litigation and the defense of litigation brought against the agency. He also supervises the Commission's ethical conduct program, among other duties. Carl J. Montante, of Buffalo, Class of 1967. Montante is cited "for his many contributions to the betterment of our • • • • community." President of Uniland Development Company, he has built some of Buffalo's most appealing buildings and office parks. He has also headed Catholic Charities and the Sisters Hospital Foundation Board, as well as lending his expertise to numerous other charitable boards. Harold A. Dautch, Class of 1937. He will receive an award posthumously "for exemplary performance in business." Dautch, who founded the Jenss department store chain, was largely responsible for developing the Boulevard Mall in Amherst, the first enclosed shopping mall in New York State. He is remembered as a consumer-oriented businessman with the highest standards. According to Jean C. Powers, chair of the dinner, this year's sponsors include: Manufacturers's & Traders Trust Company; Ticor Title Guarantee Corp; Alan Fenster Associates; Barrister Information Systems Corp.; Frank L. Papa National Fire Adjustment Co.; Freedman-Harris Insurance Agency Inc.; Holcberg, Ltd. Real Estate Brokerage; Jack Hunt and Associates, Court Reporters; Lathan, Lumsden, McCormick & Co. Accountants; R.L. Sonnenberger Land Surveyor. Reunion seating will be arranged for the classes of 1930, 1935, 1940, 1945, 1950, 1955, 1960, 1965, 1970, 1975, 1980 and 1985. Please indicate when making reservations. Tickets for the dinner are $45 per person, or $30 for alumni who graduated in 1985 or later. Please make checks payable to University at Buffalo Law Alumni Association and send to Arthur A. Russ, Jr., 2100 Empire Tower, Buffalo, N.Y. 14202. Students who want to attend on a firm scholarship should sign up in the alumni office. • EARTH DAY 1990 Sunday, April 22, 1990 Clark Field, MSC Noon-Sunset April 18, 1990 The Opinion 7 �THE NEW YORK BAR EXAM HAS CHANGED AND BAR/BRI HAS CHANGED WITH IT!! There has just been a major change in the New York Bar Exam and it will benefit BAR/BRI enrollees. The New York State Bar Examiners have dropped a number of topics from the Bar Exam, effective immediately. In addition, the Examiners will change the emphasis slightly among the remaining topics. What this means to you is that you will be able to devote more time to the Multistate subjects and more time to the skills needed to optimize your scores. We at BAR/BRI have already changed our testing materials to reflect the new Bar Examination. No longer will you be tested on such topics as Bankruptcy, Labor Law, Insurance, Municipal Corporations and other topics deemed unimportant for exam purposes by the Bar Examiners. There will be a renewed emphasis on the six core Multistate topics and on New York Practice, Wills, Trust, Corporations, Domestic Relations and various other topics that New York considers to be important. Already, the free Essay Workshop that will be provided to every BAR/BRI enrollee for the summer of 1990 has been redesigned to reflect the new emphasis on the New York Exam. Plus, the free Multistate Workshop will be more valuable than ever. The New York State Bar Exam keeps changing and BAR/BRI keeps changing with it. This change is primarily to take things off the New York State Bar Exam. In future years we expect the Bar Examiners will be adding things to the Exam, probably in lieu of the New York multiple-choice component. Our staff of attorneys is now developing both a performance program and an enlarged essay program in the event that New York State goes in that direction. As soon as further changes occur, we will keep you informed. BAR REVIEW 8 The Opinion April 18, 1990 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-04-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/18/1990 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7a65c4a73914eeac92c6b96b5e3fca3c.pdf 3f6cd1743ed1ba6837fc83b0759cf149 PDF Text Text O THE PINION Volume 30, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 4, 1990 FBI Recruitment EffortsRenew Student Protests In an overwhelming display of support and solidarity, approximately one hundred law students gathered in front of the Career Development Office on Wednesday, March 21st to protest the presence of FBI representatives on campus. by Bruce Brown, News Editor & Maria Germani, Staff Writer FBI Recruiter Mary Devon The Federal Bureau of Investigation and the Judge Advocate General Corp. are two employers often confronted with protests when they attempt to recruit at the Law School. Both United States government employers have explicit policies which preclude the hiring of physically disabled persons, persons over 35 years of age, or men and women who demonstrate a "propensity" to engage in homosexual activity. According to an October 22, 1989 article in the New York Times, the presence of homosexuals in the military is "legally the most sensitive personnel problem facing the American military today". The law students' concern is focused on the discriminatory practices of the FBI and the JAG Corp., and in particular, the fact that the Law School is required to extend to them the use of the Career Development Office and its facilities. In this manner, student fees used to staff the CDO, are seen by the protestors as facilitating discriminatory hiring practices. According to Troy Oeschner, a National Vice President of the National Lawyer's Guild, "this discriminationand the results of institutional discrimination fall squarely on the shoulders of (UB President) Steven Sample. He has the power to overturn this position. He has a clear authority under New York State law to prohibit FBI and other discriminatory recruiters from coming on campus." While FBI representatives held an information session in Room 106 of the law school, the protestors provided a telephone "hot line" outside of the classroom to allow students the opportunity to personally call UB President Steven Sample's office and voice their opposition to the presence of the FBI representatives. Although the FBI representatives were aware of the protest, no effort was made by any protestors to disrupt the information session or to physically prevent or obstruct the recruitment. According to Dean Filvaroff, "students demonstrated peacefully to express their strongly held views and feelings as it is their acknowledged right to do. At the same time, the FBI representatives were able to make their presentation and conduct interviews without disruption or interference as they are entitled to do under university regulations. For myself, I am proud and pleased that students care deeply about issues of discriminationand exclusion. That also is as it should be." Audrey Koscielniak, who as director of CDO is often caught between the conflicting policies of theLaw School faculty and the university administration, said of the protestors, "They conducted a very proper demonstration of their views. We should be listening to what their concerns are." Unlike last year's blockade, which successfully prevented the FBI from recruit- Housing Project Funds Awaited On March 8, 1990 Delta Development announced that it made an application to the New York State Housing Trust Fund Turnkey Program for a grant of $3,122,584 to rehabilitate a portion of vacant property into 36 family apartments. Delta is a not-for-profit development company dedicated to developing homes for low and moderate incomefamilies throughout the eight counties ofWestern New York. Playing an active role in the arrangement is the Low Income Housing Development Law Clinic operated by SUNYAB-Law and under the leadership of Professor George M. Hezel. Making the announcement at the on-site press conference were Monsignor Henry J. Gugino, president of Delta Development of Western New York, Inc., Mr. John S. Crabbe, Delta project director and Mrs. Rosa Gibson, president of the Community Action Information Center (CAIC). The application has not been approved as of March 28, 1990. by John B. Licata Staff Writer The property, located at 564 Dodge Street, is presently owned by the Catholic Diocese of Buffalo which has agreed to sell a portion of the property to Delta Development. Masten Square Apartments will utilize 3.1 acres of the 7.2 acre site presently idle. CAIC is a non-profit organization that serves as a liaison between the community and area organizations that offer services to those in need. In addition it offers to the community such services as transportation for senior citizens and those with disabilities, operates a food pantry, sponsors block clubs and neighborhood crime watch organizations. Mr. Crabbe expressed the optimism felt at the press conference, "A recent study done by Professor Henry L. Taylor, Jr., of the State University of New York at Buffalo, contains a challenge to all of us to do something about the blighting conditions that exist on Buffalo's East Side. By procuring state funding for the construction of 36 units of quality family housing we can take a positive step forward on the East Side." Professor Hezel described some of the central differences between the Masten Square Apartments and previous low-income housing efforts in Buffalo. "I'm thrilled because we have strong community involvement through CAIC which makes this project a model for community development instead of development from on high." Hezel stressed the importance of low-income family housing which has (continuedOnpage 3) ing, this year's action was non-disruptive. Chanting "hey hey, ho ho, Steven Sample has got to go", the protestors gathered in front of the CDO office to denounce the policies of the university president, which have forced the Law School to allow employers with hiring practices in conflict with the faculty's anti-discrimination policy to use our facilities. Dave Steinberg, a law student who observed the protest said of the protestors, "They certainly have a right to protest in scope, "This isn't just happening at ÜB. Over half a dozen schools are currently engaged in battles on the issue. An outgrowth of this institutional discrimination is the private and public harassment of individual members of our legal commuThese nity, i.e. Sharon McKenzie institutional policies perpetuate stereo- .. types." — The protestors concluded by singing a homegrown version of the Battle Hymn of the Republic which proclaimed their it's their freedom of expression. I thought they were a lot more responsible this year. Last year they barred the doors." Troy Oeschner emphasized that the anti-discrimination movement is national readiness to fight discrimination. The highly popular chorus went "Discrimination is an evil / Discrimination is an evil / Steven Sample is a weasel / cause he lets it go on here" Protesters gather outside CDO — Buffalo Development Conference to be Held April sth and 6th How will Buffalo communities fare in the 1990s and beyond? What role can Buffalo community leaders and organizations play in shaping today's changes and Buffalo's future? These issues and others will be addressed this Thursday and Friday, April sth and 6th, at a conference here at UB Law School. As part of the Mitchell Lecture Series, UB Law School will host the event exploring "Buffalo Change & Community." The conference will be an examination of the recent history of community organization and development, and a look ahead to community based strategies for change in Buffalo. by Maria Germani The conference is an outgrowth of the Community Economic Development Clinic at ÜB, headed by Prof. Peter Pitegoff. Prof. Pitegoff hopes the gathering will provide momentum for the clinic in the future. Panel discussions and small group workshops will combine the perspectives of local community leaders, scholars, and national experts in community organization and development. The conference will offer an exciting and unusual collection of people, whom Prof. Pitegoff has called "nuts and bolts government folks with a real sense of equity and creativity." Community activists, nationally renown scholars and people active in the arts will all participate in the event. The keynote speaker will be Dr. Manning Marable, a distinguished professor of Political Science and Sociology at the University of Colorado, Center for the Study of Race and Ethnicity in America. Dr. Marable is a dynamic and prolific scholar/activist. He is well known for his controversial and challenging column, "Along the Color Line." The series of articles is published in over 150 newspapers in the U.S., England, the Caribbean and India. An influential spokesperson for Black and progressive policies in legislative circles, Dr. Marable is an advisor to members of the Congressional Black Caucus, and for various state and local Black and progressive public officials. He has held workshops on political organizing and public affairs education for labor groups, political associations and civil rights organizations. The conference will be an opportunity to reinforce the link between the law school and Buffalo communities, and as Prof. Pitegoff, put it, "will illustrate a role the law school and legal community can play in law school and community development." It is part of a plan to help out real community needs. In addition to the conference, the Buffalo Law Review is publishing a special issue in the Fall of 1990 entitled "Buffalo Change & Community." The conference is open to the public at no charge and students are strongly encouraged to attend. It is a good opportunity for them to learn much about Buffalo and where their community sits. — HIGHLIGHTS Statements from the SBA page 2 officer candidates .... Randell Adams, real-lite subject of film The Thin liluc Line, speaks as part of Human Rights Week page 3 . Michael Phelan Scholarship Award ... page 4 �SBA ELECTIONS Presidential Candidates Taunya Hannibal Fellow Law Students, I am Taunya Hannibal and I am running for SBA President. I believe that I am the most qualified candidate for SBA President. Experience is my main qualification. During undergrad at Canisius, I was elected President for two organizations. I also held VicePresident for an organization and two treasury positions. Currently, I am the SBA Treasurer. As SBA Treasurer, I am familiar with how SBA functions. SBA must work closely with the Administration and students. If elected President, I would strengthen SBA by continuing to support projects that reflect the concerns of the student body. I realize that some students want changes. I will listen to all suggestions and feedback. Because I am open minded, I can lend an ear to all student causes. I know that holding the position of SBA President will be time consuming. I feel that I am well organized and can handle the responsibilities. Most importantly, I want to help create an active and exciting school atmosphere for all students. Please vote for Taunya Hannibal as SBA President. Norbert Higgins I came to U.B. Law because it is an inexpensive state law school with a good reputation that will hopefully provide me with a solid legal education. I am running for S.B.A. Executive Board President because there are a number of issues that aggravate me and the students I want to represent. We want to help Get The Politics Out Of Law. The acceptable ideology at thisschool shrinks by the semester as pressure groups limit the parameters of debateand opportunity, claiming their money should not fund programs they dislike. If this continues, as S.B.A. President I would move to withdraw funding from every group and program, since the ideology ofevery group is going to be repugnant to somebody. If this school can't be dogmatic about tolerance, the whole rotten mess should be trashed and everyone can spend their student fees as they see fit. There is a disturbing propensity among many students and faculty here to view America, its legal system, and life in general as nothing but a front for oppression and inequality. While Critical Legal Studies and the reasoning behind the recent protests raise some valid points about our system, the movementseemstomeanalogous to thefable of the blind men and the elephant; but in this case the blind men scrutinize only the elephant's ass. Many studentsdo not want their career opportunities to be limited by pressure groups to Public Interest, Gay Rights, and scarce teaching jobs. As S.B.A. President, I would ensure thatthe media and the legal establishment hear the other side of the story. There seems to be a great deal of apathy about the 5.8.A., and few directors have said anything worth hearing this year. If I am elected, not only will next year be entertaining, but students will get to know all they could want about the proposals, debates, and voting record of the S.B.A. CAMPAIGN POINTS AND PROPOSALS I.The minutes of every S.B.A. meeting should be photocopied and posted in a prominent place so students can find out how representatives are spending student funds. 2.Ties should be strengthened with the National Bar associations and the Erie County Bar Association. U.B.Lawshould be more a part of the national establishment, not the isolated outpost of a dying ideology shared only with Fidel Castro and the millionaire's schools. 3.More career and academic counseling is needed for first-year students, many of whom are 'flying blind' when it comes to career possibilities, specialization, and the quality of their professors. 4.The Faculty Statement sucks and we're sick of it already. 5.A Buffalo Tax Law Society should be started. 6.Continue pressuring the faculty to get grades released faster. We read thousands of pages, they should do likewise, especially considering they are paid well for it. 7.The H-Q grading system is a good idea, but the faculty should be persuaded to describe the Q range in a more appealing fashion than "within the normal range of professionally qualified work." B.Since The Opinion publishes about half the issues it should; and since half these issues are filled with movie reviews, anti-Catholic cartoons, and the petulant ravings of peevish leftists; and since twice as many issues are printed than are actually read; funding for the newspaper should be cut in half. 9.National Lawyer's Guild funding should be withdrawn. 10.Halfof thefunding for the Prison Assistance Task Force should be donated to someone who has been robbed, beaten, raped, or otherwise fucked over by the dregs of society. Think for yourself, vote for Norbert Higgins, and Get The Politics Out Of Law. Vice Presidential Candidates JohnLicata I, John B. Licata, am interested in working as Vice-President of the SBA in order to further some of the projects I feel need support and direction in the Law School Community. Among the projects I support are the Loan Assistance Repayment Plan (LRAP), BPILP's efforts at obtaining student monetary support for fellow students interested in summer public interest internships, repeal of the Faculty Statement, activating the Law School Alumni to facilitate career planning of present law students. My qualifications for this position are basically my ability to work under pressure, smilewhen I want to strangle somebody, and determination to get a real answer from faculty members. Secretary Candidates editor on In The Public Interestand act as Treasurer for the Asian/American Law Students Association. Also, I work as an Assistant Hall Director in the undergraduate dormitories in the Ellicott Complex. As a Hall Director, I am responsible for supervising a staff of 16 Resident Advisors (RAs) in conjunction with another Hall Director, establishing disciplinary procedures, programming requirements, and responsibilities for my staff, interviewing RA applicants, and conducting job performance evaluations for my RAs. Being in a dormitory that provides space for cultural, educational, and entertainment events, I must communicate with many different organizations, and try to handle their needs regarding financial help, equipment requirements, and space allocation. Furthermore, I work as an Assistant Prosecutor for the University's student judiciary. I represent the University in prosecuting cases concerning all nonacademic matters. In my undergraduate university, I worked as a resident advisor, a teaching assistant for statistics, a computer consultant, a typist, and a dancer for a Chinese dance troupe, among other jobs, and was active in various student organizations. Between graduating college and starting here in Buffalo, I worked 13 months as a paralegal in New York City. As a paralegal I had to do legal research and statistical analysis and handle all types of correspondence to clients and to attorneys. I believe that my broad work and extracurricular experiences would allow me to be a productive Secretary for the SBA. Coordinating meetings, handling paperwork and maintaining correspondence, and working with various interest groups and individuals are some of the skills that I have had to develop and use to work successfully in my different jobs. I believe these skills will be useful for an individual contemplating the Secretary position. I hope you think so too and will vote for me. Thank you for your attention and consideration. Jerri Zang Treasurer Candidates Brian Carso Jerri Zang To My Fellow Students: I am running for the position of Secretary of theStudent Bar Association (SBA). I am interested in doing so because as a first year law student, I have benefitted from the various organizations and events the SBA sponsors. Thus, I want to participate in what the SBA does to fulfill its responsibilites to the students of this Law School to give back a little of what I have received. As a student here at Buffalo, I have had the opportunity to work in various organizations at the Law School and at the University of Buffalo in general. I currently work, among many other students, as an My name is Brian Carso and I am asking to be elected Treasurer of the SBA. As a first-year class director of the SBA, I have become familiar with many law school organizations, and the process by which they are funded. Previous experiences both in graduate school and in "the working world" have taught me how to administer a budget. I look forward to being part of an enthusiastic SBA Executive Board next year, and I would appreciate your vote. Buffalo Public Interest Law Program Announces Summer Internships The Buffalo Public Interest Law Program (BPILP) has announcedthe agencies that have been selected to receive BPILP funded summer interns. They are: Farmworker's Legal Services; Legal Services forthe Elderly, Disabled or Disadvantaged; 1. Farmworker's Legal Services is a statewide law firm that provides legal assistance to migrant and seasonal farmworkers. The migrant population is 60% African-American, 30% Hispanic, 10% are Haitian and from other Central American countries. Neighborhood Legal Services; Volunteer Lawyers Project; Legal Aid of Buffalo Criminal Appeals Bureau and the New York State Division of Human Rights Office of Aids Discrimination Issues. These farmworkers live in isolated labor camps. These camps lack telephones and workers seldom have access to transportation. Contact with lawyers or other service providers is through outreach to labor camps. During the season (May November) the legal staff of the program conduct outreach trips, providing legal education and information to farmworkers. 80% of all cases are developed during the outreach trips to the camps. — by Chris Thomas and Kathleen Welch The following is a brief description of each agency: Page 2AOTp4hinroel, 190 The Opinion April 4, 1990 - The intern will fully participate in staff meetings, case review meetings, intake and outreach. 2. Legal Services for the Elderly. Disabled or Disadvantaged is an area provider of free legal services. The legal issues to which the organization provides priority attention are health law (including Medicare appeals, Medicaid appeals, Medicaid-related spousal support matters, home health care matters, and private health insurance), Social Security old age and survivor benefits, and housing problems for the residents of the City of Buffalo. The clients served by the program will be residents of Erie, Cattaraugus, Chautauqua and Allegany Counties and the Seneca Nation of Indians. The intern will participate in direct client contact, case strategy sessions, adminis- trative law hearings, and investigation and preparation of cases for court and administrative hearings. 3. Neighborhood Legal Services is the largest provider of civil legal services to the poor in Erie County. It employs 22 attorneys in four substantive units: Administrative Entitlements, Disability Law, Housing Law and Family Law. This summerthe BPILP intern will work inthe Family Law Unit. The Family Law Unit specializes in the representation of battered women and also represents a significant number of clients in complex custody matters. The intern, under the supervision of unit staff, will (continued on page 5) �Thin Blue Line Subject Details Prison Ordeal On Monday, March 26, the Amnesty International Legal Support Network, as part of Human Rights Week, presented the film The Thin BlueLine. In conjunction with the film Randell Adams, who is the real-life subject of the film, gave a brief talk, and fielded a number of questions from the audience. by Andrew Culbertson Managing Editor The Thin Blue Line, written and directed by Errol Morris, is a documentary depict- Randell Adams ing events that led to the arrest and con- viction of Adams for the shooting of a Dallas police officer in 1976. Initially, Adams was sentenced to death and, although this sentence was overturned, he ended up serving 12 and 1/2 years in prison. The only problem was that Adams, if the film is to be believed, never committed the crime of which he was convicted. As the film makes painfully clear, the case against Adams was based more upon convenience than truth. The police officer, Robert Wood, and his partner had stopped a car which had been driving without its headlights. As Wood approached the driver's window, he was shot five times whilehis partner remained in the car. What followed the shooting is a virtually unbelievable chronology of misidentification, constitutional abuse, and judicial and prosecutorial misconduct. The driver of the stopped car, David Harris, when questioned by the police, implicated Adams, who had hitched a ride with Harris on the day of the murder. Harris, as it turns out, should have been the prime suspect (at the end of the movie, Harris all but admits his guilt in a taped interview). Not only had Harris stolen both the car and the murder weapon,but he had bragged to his friends about having killed a police officer. Nevertheless, the police arrested Adams, who insisted that Harris had dropped him off at his (Adams) motel hours before the crime was supposed to have occurred. Following his arrest, Adams was denied access to an attorney, interrogated for hours on end, and ultimately threatened at gunpoint to sign a bogus confession (which he refused to do). The case against Adams was so weak that several days into the trial, every television station in Dallas was of the opinion that Adams was innocent. Unfortunately for Adams, and this procedural irregularity is left unexplained by the film, the prosecution spontaneously produced three eyewitnesses who all claimed to have seen Adams in the stopped car around thetime of the shooting. Although the defense eventually uncovered facts which discredited most of this testimony, by this time the witnesses had mysteriously left town. In light of this latter fact, the judge, who the film portrays as biased toward the prosecution, wouldn't allow this evidence to be presented to the jury. Adams was ultimately convicted and sentenced to death. On an appeal to the U.S. Supreme Court (which was based on grounds of improper jury selection), his death sentence was overturned, and his sentence reduced to life imprisonment. Following a lengthy appeals process, he was eventually released from prison in 1988. Adams, somewhat refreshingly, did not come to UB to promote the film, or even offer high praise for what it did for his case. His talk was quite candid and touched on a range of subjects that included his views on the death penalty, his experience in prison, and some of the other procedural irregularities that surrounded his conviction. Since the audience was comprised mainly of law students, a number of questions specifically addressed the role that attorneys had played in his case. He described his trial attorney as having done "the best he could in a bad situation", but pointed out some disturbing facts about his attorney's relationship with the prosecutor. Not only did they both graduate in the same law school class, but they regularly played golf together. Apparently, his attorney was of the somewhat exaggerated belief that the prosecutor was "the best attorney in the world." While Adams was certainly grateful for whatthefilm didfor his case, he was quick to point out that "he wasn't going to win his release out of a theater." He estimated that the film upped his release by about five years, and gave more credit to the work done by his appellate attorney than to the movie itself. To Adams' credit, he appears to have made the most of an awful experience. During his stay in what Newsweek once described as the worst prison in the nation's worst prison system, Adams stayed busy, actually earning his college degree. Since his release, he has done the talk show circuit, travelledabroad to speak on the issue of human rights, and was even Facul GrAdopt Late Readessolutstyion On Friday, March 23rd, the thirdfaculty meeting of the Spring semester was held. The first item on the agenda was the late submission of grades by many faculty members. The grade deadlinefor the Fall semester is February 15th a deadline the faculty self-imposed a few years ago to address the same dilemma. (The original deadline was sometime in late January.) This year, only half the grades were reported by February 15th. Last month a petition with several hundredstudent signatures was given to Dean Filvaroff endorsing the SBA's call for action concerning late grades. — by Maria Germani Staff Writer Due to the loud outcry particularly from first year law students, three members of the Student Bar Association were at hand to address the faculty to seek the best possible solution to the grading problem. First Year Directors Jim Maisano and Mark Hirschfield and Vice-President Jim Monroe each briefly spoke about the concerns of their fellow law students regarding this issue. The SBA members were received with wide support by the majority ofthe faculty concerning students' discontent over late grades. After a lively discussion, the faculty overwhelmingly voted in favor (one nay vote) of a resolution which is hoped to cure the recurring late submission of grades. The resolution calls on the Dean to distribute a memorandum to each faculty member .. upon completion of thefirst semester, reminding them of the February 15th deadline to report students' grades and the detrimental consequences to studentsfor failure to do so. After the deadline, another memorandum will be distributed announcing any culprits who failed to meet the deadline. The resolution applies to courses only seminars are excepted. Dean Filvaroff spoke briefly about the effects of the late reporting of grades on students: the Financial Aid Office operates on the need for grades to be reported by February Ist. Students' financial aid is thus jeopardized by tardy grades. While there are mechanical ways things can be worked out, there have been incidents whereby, because grades were not posted on time, students' financial aid has been jeopardized, Dean Filvaroff finds February 15th a "generous deadline." According to Jim Maisano, some first year law students have encountered employment problems because of late grades. Prospective employers granted interviews contingent upon their receipt of a student's transcript, but because some grades were submitted late, opportunities were lost. The SBA's serious, yet unconfrontational approach was very effective. Monroe called attention to the unneccessary anxiety many first year students experience. "The [February 15th] deadline should be strictly enforced for first year, first semester students." Mark Hirschfield asked the faculty to work with the SBA on developing a solution. He noted, "we — Housing Project been largely "ignored by other developkids are hard on propers in the area erty." Most of the low-income housing on the East Side caters to the elderly occupant, a tenant known for low impact living and easy transition maintenence. Hezel gives credit largely to the students working on the project. Delta for backing the requirements of CAIC, and the Diocese for providing the property at a fraction of its value. Masten Square's want to work with you." Several faculty members proposed various enforcement mechanisms to assure compliance with the February 15th deadline. Prof. Ken Joyce, a self-proclaimed frequent violator of the deadline, proposed a strategy which worked for him, in effect, when he taught at Albany Law School. At Albany, no grades were posted unless all grades were submitted by the faculty. Pressure from colleagues as well as students was incentive enough to meet the deadline. Lee Albert, a graduate of Yale Law School, interjected that a similar policy was in effect at Yale and that he did not receive grades for his first semester until May. A few faculty members brought up several factors which contributed to the delay of grades, such as grading the exams of students with special needs, and correcting exams in a manner that explains the basis of the grade (as opposed to a graded exam with no comments.) Prof. Newhouse strongly objected to this last statement, noting that it was not a necessary tradeoff. He referred to the responsibility of professors to provide meaningful input and comments when grading examinations. Prof. Finley called for meaningful sanctions to enforce the February 15th deadline. Prof. Freeman, finding the February 15th deadline "much more than generous,", cautioned against sanctions calling them "delicate and difficult." "You're jumping into a can of worms if you discuss sanctions." — from page 1 proximity to Deaconess Hospital, the Sci- ence Magnet School, and Martin Luther King, Jr. Park provide advantages to the residents of the area and will hopefully generate a sense of community among the residents of the development. Ultimately, the apartment complex will be owned by CAIC and managed by James Management Corporation, a minority management firm which will provide at least twice the state required level of apprenticeships for minorities interested in management. There is plenty of local support for the project including State Senator Anthony M. Masiello, Assemblyman Arthur 0. Eve, Buffalo Common Councilman David Collins, and Catholic Bishop Edward D. Head. This coalition represents the diverse elements involved in the development and will hopefully convey the sense of necessity for such a project in the depressed East Side of Buffalo. scheduled to testify on the death penalty before the New York State Legislature. By Adams' own admission, however, he is still unable to sit down and contemplate what has happened to him. One of the reasons he enjoystalking about his experience is because it helps him to cope with it. When one looks beyond the movie, the media appearances, and the semicelebrity status Adams has achieved, one sees a very normal individual. Yet, he is an individual who experienced, and survived an ordeal that no individual should ever have to endure. BUFFALO CHANGE & COMMUNITY Schedule of Events Thursday, April 5, 1990 7:00 pm Keynote Address Dr. Manning Marable Friday, April 6, 1990 8:30 am Registration 9:00 am 9:2oam Room 106 Introduction: Welcome: David Filvaroff, Dean, UB Law School Introduction: Peter Pitegoff, UB Law School Panel Discussion #1: "Community Organization,Fragmenta- tion and Change" Panel: John Mohawk, UB Department of American Studies; Barbara Banks, The Cha//enger;Susan Turner, University of Michigan Respondent: Ken Galdston, Merrimac Valley Project Moderator: Henry Taylor, UB Dept. of American Studies, Center for Applied Public Affairs Studies 11:00am Small Group Meetings: Workshops will give conference participants an opportunityto discuss community based strategies for change in Buffalo, from fourdifferent perspectives: GroupA: Community Organizing Panel: Bill Gaitor, Institute for People Enterprises; Dick Harmon, Brooklyn Ecumenical Cooperative; AnnWilliams, Private Industry Council; TonyLuppino, Citizen Action of NY Respondent:Fr. Roderick Brown, Catholic Diocese of Buffalo Moderator: Stephanie Phillips, UB Law School GroupB: Labor and Community Panel: Tom Monaghan,United Auto Workers Region 9; Lou Jean Fleron, Cornell Institute for Industry Studies; Roger Cook, WNY Council on Occupational Safety and Health Respondent: Dan Swinney, Midwest Center for Labor Research Moderator: Larry Flood, Buffalo State College Dept. of Political Science Group C: Government andLocal Development Panel: Sharon West, Erie County Dept. ofEnvironment and Planning; Lee Smith, Industrial Cooperation Council; Larry Rubin, Buffalo Commissioner ofCommunity Development Respondent:Jesse Nash, Canisius College Moderator: Frank Munger, UB Law School GroupD: Community Economic Development Panel: Danis Gehl, Kensington-Bailey NeighborhoodHousing Services; Charley Fisher, 78 Restoration Housing Corporation; Ken Sherman, Citizens' Alliance 1:15pm 3:15 pm Respondent:Andrew Rudnick, Greater Buffalo DevelopmentFoundation Moderator: GeorgeHezel, UB Law School Panel Discussion #2: Community Capacity and Buffalo's Future Panel: Lorna Hill, Ujima Theater; James Pitts, Buffalo Common Council;Rick Hill, UB Dept. ofAmerican Studies; Bruno Freschi, Dean, UB School of Architecture and Planning Respondent:Richard Schramm, Massachusetts Institute ofTechnology Moderator: Michael Frisch, UB Depts. of History and American Studies Further Questionsand Concluding Remarks Peter Clavelle, Mayor, Burlington, Vermont; Muhammad Kenyatta, UB Law School SBA ELECTIONS AND REFERENDUM APRIL 4 & 5 Elections for Student Bar Association President, Vice-President, Secretary and Treasurer are being held Wednesday and Thursday, April 4 and 5 in front of the law school library. As part of this year's elections, a 'Referendum' is being held on the Grading Policy to be employed at this school. Further information on the SBA candidates and on the Grading Policy alternatives are contained in this issue. Uninformed consent is not consent at all. Be an informed voter. The SBA has an impact on the quality of life at this school not only for the coming year, but for many years to come. April 4, 1990 The Opinion 3 �Phelan Scholarship Created A scholarship award has been created to honor Michael Phelan, a third year law student who passed away suddenly last October. Michael transferred to UB at the start of the current academic year. Like many of us, he had returned to school some years after earning his undergraduate degree. He was supporting himself by working two jobs, one of which was bartending. It was while on duty at that job that he died, possibly due to a head injury he had received four years earlier. While the obstacles he faced and the hectic schedule they necessitated prevented Michael from pursuing many extracurricular activities, those who had the pleasure to know him also had the benefits of his engaging personality and his obvious loveof the law. Hisfamily history involved commitment not only to the profession of law and the vocation of justice, but also to the pursuit of these ideals in the field of public service. It was clearly important to Michael as well; it was how he viewed the law. by Kevin S. Doyle In order to honor Michael and assist those attending law school under similar circumstances, the Hibernian Law Society has created a scholarship fund in his name. The scholarship will be awarded each year to an incoming student, who will receive $100 at the start of each of his three years in law school to help defray expenses. Professor Ken Joyce is assisting in the structuring of the scholarship fund, which will probably take the form of a twenty year annuity. The criteria for the selection of the recipients is still being determined, but the award will be open to all persons who have been officially accepted and have matriculated at the University at Buffalo School ofLaw. In order to have the award in place for Fall, 1990, the Hibernians must raise approximately $2,700. At a Happy Hour last month, we raised $300 and the Phelan family has graciously pledged another $500. Mr. Steve Rubin, a representative of Bar-Bri, has generously donated one $750 discount and three $250 discounts on the full tuition of a Bar-Bri New York Bar Review Course to the Hibernians as raffle prizes. These donations will be fully assignable and can be used by any student currently in the law school. If a student has already paid for the Bar-Bri course, these discounts may be used to obtain a refund. I would urge everyone to support this worthy cause and take advantage of what ought to be pretty good raffle odds. Raffle ticket prices are still being worked out, but will probably cost around $3. Further information will be placed in everyone's mailbox in the very near future, if it hasn't been already. The Hibernians are also planning a Downtown cocktail reception for students and the local legal community sometime this semester and our First Annual Golf Outing at Elma Meadows during the last week of classes. Both events will benefit the Michael Phelan Scholarship Award fund. Please look for details of these events in your mailboxes and on the message boards. The following errors were made in last issue's Grade Chart: 1. The February 15th date was the deadline for submitting grades, not posting them. 2. Professor Swartz's Family Law grades were in fact submitted on time for the deadline. 3. Professor Newhouse's Comparative State Constitutional Law Grades were posted in early January and were not late. Only 3 Days Left!! BPILP WORK A DAY IN THE PUBLIC INTEREST PLEDGE DRIVE THIS WEEK APRIL 2 THRU APRIL 6 — WORK A DAY In the Public Interest PLEASE SHOW YOUR SUPPORT AND DONATE TO FUND SUMMER INTERNSHIPS PLEDGES ARE BEING TAKEN ON THE SECOND FLOOR, O'BRIAN HALL HELP THIS WORTHY PROGRAM CONTINUE! ATTENTION: Law School Student Body IN RESPONSE TO THE LAW SCHOOL ADMINISTRATION'S DECISION TO SEIZE THE FOURTH FLOOR STUDENT LOUNGE FOR THEIR OWN PURPOSES, DESPITE AN SBA RESOLUTION TO THE CON- TRARY, THE SBA HAS SENT THE FOLLOWING LETTER TO DEAN FILVAROFF, DEAN COOK, DEAN HALPERN, DEAN SCHLEGEL, DEAN CARREL AND DEAN NEWELL. WE HOPE THAT YOU WILL SHOW YOUR SUPPORT IN OPPOSITION TO THIS GROSS INJUSTICE BY JOINING THE SBA IN ANY AND ALL ACTIONS TAKEN AGAINST THE ADMINISTRATION SHOULD THEY REFUSE TO COMPLY WITH OUR REQUEST. dent Bar Association Board of Directors that the administration has callously appropriated the Fourth Floor Student Lounge for computer set-up and training of administrative staff. We are appalled that this action was taken, in light of the SBA resolution opposing the misuse of our student lounge in this way. Not only is this seizure completely insensitive to student needs near the final examination period, but arrogantly disrespectful of the voice of the student body. The SBA demands immediate return of the lounge or, in the alternative, thatother space be provided for student use. If this situation is not rectified at once, students will be compelled to take direct action. The SBA expects an immediate resolution to this situation. Dear Dean Filvaroff: It has come to the attention of the Stu- 1L * Sincerely, The Student Bar Association Jj null wKm\- '___ Arthur wLm Miller 818 Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be offered live in New York City and on audio- or videotape in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: , dad/ddi unn/unl I N 2 Date: SATURDAY, APRIL 7TH Time: HAM TO SPM ponvr mo Plar<»» kuum ivy ri<K.e. ™"™"""™"■"—"^"—■^™~ B H 4 5k36N96 10001 CPLR Mini-Review: An Overview of New York Practice and Procedure The Opinion April 4, 1990 Bk Bk^lßk. AVBB^Mi^HkMV^ I 5 ,———— �The H/Q: A Gag Prize Behind Door Number Three Houdini once said there wasn't a shackle he couldn't get out of. Ronald Reagan had a similar teflon quality. Likewise, chasing down the arguments in support of the H/Q grading system is much like trying to pick up a tomato seed with a fork. But it can be done once you debunk the myth about the value of the Q grade. The Q is a C, ipso facto. It is explicitly defined as a C in the legend which accompanies every transcript sent out by this school: "Q Qualified Professionally qualified work within theNORMAL RANGE of performance" (emphasis added). The Grading Committee Report (GCR), which proposed the H/Q system and explained the rationale behind it, defines the Q as: "A qualified grade (which) indicates the minimal performance required to complete the course satisfactorily" (GCR at 9, 11 2). — by Gary B. Ketcham Staff Writer A few have argued that some prospective employers do not translate the Q as a C, but rather are lulled into believing the grade is a B or a hybrid thereof. This is curious, since the proposition flies in the face of overwhelming evidence to the contrary. The definition is explicit. The norm, the average, represents a C. The argument that the Q somehow equivocates itself in to a B defies the simple logic of the axiom that, "where there is ambiguity, the document is to be interpreted against the drafter, who was in a position to make it unequivocal." You needn't be a psychoanalyst to figure out that the H/Q system represents an attempt at systematic prevarication. This much everyone concedes. A prospective employer, confronted with a straight B student on one hand and a straight Q student on the other, is going to rank the B student higher. It's that simple. The pretentiously optimistic notion that the Q equivocates itself into a B is unconvincing sophistry. Perhaps a Lincoln anecdote would be instructive: "If you call a tail a leg, how many legs has a dog? Five? No; calling a tail a leg don't make it a leg." The Q is a C, ipso facto, and no amount of abracadabra incantations is going to change that unfortunate fact. Once we come to grips with this unrelenting fact, we will realize that both the 'high achiever' and the 'minimalist' are better served by the traditional grading system. The mini- malist can coast through a course and get the same C grades, and probably numerous B's due to the somewhat spurious, subjective nature of the grading activity itself. The high achiever will most often get a B for exorbitant sacrifices, whenever she narrowly misses the A grade. The H/Q system lacerates the 'high achiever' who has made an exorbitant sacrifice, but falls just short of the H. That student gets a C instead of a B. The message here is clear. And that message has the word "chump" written all over if For this reason the H/Q system is dishonest. For this reason, it creates a disincentive for students to bust their tail for a high grade, and it fosters mediocrity and minimalism because you can sleep through a semester and get the same C grade (in theform of a Q). The minimalism which it encourages is evidenced by the fact that, at the 'Grading Policy Forum', the central droning theme in defense of the H/Q was the argument that it enables the student to lay back in certain courses without being put under pressure. Although this is no more true for the H/Q than for the traditional grading system, the perception reveals the minimalism which the H/Q conceptually fosters. The GCR expressed faculty awareness that the H/Q system created a synthetic elite class at the top of the heap due to the artificially monumental gap carved out by the H/Q system in order to generously separate the H grades from the rest of the pack. In fact, the Report cited as one of thethree "effects" of the H/Q grading system, the fact thatit would "encourage students to strive mightily for an outstanding grade in order to distinguish themselves from the mass of their colleagues" (GCR at 20, 113) (emphasis added). What blistering irony that the most prevalent argument in defense of the H/Q is the contention that it mitigates competition, while in fact, it ratchets up the competition in an all or nothing skirmish for the all important H grade. A grading policy predicated on systematic prevarication designed to spawn and protect an eliteclass and a minimalist class, at the expense of a substantial number of industrious students in-between, is repugnant to a just mind. And the fact that this school has failed to recognize this injustice and rectify it, is much to its discredit. It is interesting to note that the GCR was established "in response to expres- COMMENTARY: Profession Needs Higher Consciousness During lunch at a yuppie pub, I overheard an attorney say, "If a lawyer wants to win a case at trial, he doesn't look at thefacts or the law to be applied, he finds out how the game's going to be played." I do not object that this stranger was so witless, I do not object to that so much, I object that he was so accurate. Socrates said, "Dear is Plato, but dearer still is truth." Dear are the clever strategems of the legal profession, but dearer still are those who must live the consequences of these maneuvers. Too many lawyers have identifed with the mighty and cunning, rather than the simple, ordinary citizens who daily face problems that seemingly defy solutions. by Jerri B. Gordon It has been said that if lawyers did not 'speak in tongues,' they would be out of work. I disagree. Success does not come to the profession by way of complicated language or sentence structure, it comes from practicing law with integrity, skill and compassion. Advocate is from the Latin, advocatus, which means "one summoned to aid." Until mankind recognizes he truly is his brother's keeper, there will always be a need for advocates to help untangle the inequalities in which men find themselves. The power of the law must be used to confront the injustices pervading this country. We cannot continue to deny every individual the veritiesof this life be- cause we will not recognize his right to live them. It is, in my opinion, far better to be loving than right, because life does not stand still. What is perceived absolute and right today, may seem barbaric and absurd tomorrow. Every man, woman, and child on this earth are in different stages of evolving. Which of these can anyone say is right? The law's responsibility must be to protect everyone's right to evolve and to see that he learns his lessons well. Our nation's watchword bears this timeless perception, c pluribus unum, "one out of many, or unity out of diversity." To achieve this, our lawmakers must develop compassion. This is not the same as a sentimental attachment to mankind, but rather a mode of conduct, an attitude, a rescue by considerate, consistent rules. No matter how chaotic and confused and weak the masses may appear to be, they are infinitely good and wise, simply needing laws and leaders to nourish this greatness. If little men are allowed to continue to undermine the whole structure and misuse the laws that gave them birth, we will surely not endure in a civilized manner much longer. When the legal structure has been satiated, whether by greed or ignorance or self righteousness, the "poor in spirit" will always pay the price. Law, like the mind, is a powerful tool, but when turned on itself, can become a dangerous weapon. Ruthless pedants may create shields of illusion to preserve them in our courts, but they will never withstand the crush of the world. sions of concern raised by faculty members", NOT by students (GCR at 1, 11). The faculty wanted to streamline the valuation process (grading procedure) because it felt the B distinction created a burden for the faculty (GCR At 1,11, and at 8, 12). This becomes doubly ironic in light of the fact that the concerns of the students were entirely different. The Report states: "The discussions with stunearly dents revealed a significant fact all problems and criticisms eventually could be traced back to the ranking system" (GCR at 1, 12). It was the ranking policy that was responsible for the cutthroat competition, NOT the grading system. The ranking system is an entirely separate and distinct issue. This school can refuse to rank students under thetraditional grading system just as well as under the H/Q system. The ranking change was prompted by student concerns; the grading change (to the H/Q) was prompted by the faculty desire to simplify the valuation procedure. This is ironic as well, since the chief concern aired intheGCßwastheinherent danger of oversimplifying the prospective employer's valuation task by reducing it to a mindless, one-dimensional, singlecriterion exercise that looked only at a student's rank, while ignoring other relevant, diverse indicia in the student's record (GCR at 16-19; arguing against the ranking policy). While the GCR was doling out this insightful lecture from the pulpit, it proceeded to construct just such an oversimplified procedure for the faculty by — proposing what is, essentially, an oversimplified, two-bin sorting operation (the H/Q system), which keeps the faculty from having to think too hard about the grades they're doling out in wholesale fashion. For example, no instructor I spoke to was aware that the Q is defined as a C. Professor Engle stated that it wasn't his intention to give a C when he doled out a Q. It is absolutely incredible that an untold number of instructors have dispensed an untold number of C's for an untold number of years without realizing it. This would seem to indicate an extraordinary level of complacency, and it suggests the extent to which the faculty is divorced from the realities of the law school policy. At a minimum, it substantiates the claim that the H/Q system enables instructors to mechanically dole out grades without thinking too much about its significance. Upon being informed of this significance, most instructors have responded with utter complacency and indifference, presuming the impact to be inconsequential. They have become desensitized to the impact of their actions, and this insensitivity accounts for their inertia, and the abdicationof theirresponsibility to become informed. The evidence here is clear. The studentbody at this school should throw this lacerating, errant imposture (the H/Q system) out into a receding snowbank where it can be washed into the sewer system where it belongs. Vote for a return to the traditional grading system in the April 4 and 5 Grading Policy Referendum. UMOJA to Present Cultural Show Umoja, which means unity and oneness in Swahili, was founded at UB Law School in the Spring of 1989by seven law students: Jennifer Prescod, Valda Ricks, Beverly Britton, Yvette Robertson, by Tuwanda Rush Tuwanda Rush, Mushiya Kabemba, and Onnie Barnes. The group was originally a social dance group, designed to combat the daily stress oflaw school. After a short while, they decided to stage a cultural show to display their talent, as well as a variety of talent from the Buffalo community and the law school. The show was held on March 10,1989. Umoja performed an African dance, a contemporary dance, and an African fashion show. Those who attended proclaimed it a huge success. This year, Umoja will be holding its second annual cultural extravaganza on Thursday, April 12, 7:00 PM, at the Katherine Cornell Theatre. The group encourages all to attend. Tickets will be on sale in front of the Law Library during the week of April 2nd and April 9th. Public Interest assist in client intake, do legal research, prepare memoranda, and, if the opportunity arises, assist in trial preparation. 4. Volunteer Lawyers Project (VLP) is a free civil legal services program which coordinates and assists volunteer attorneys in the provision of pro bono legal services for indigent individuals and nonprofit groups with charitable purposes. VLP provides services in a wide variety of cases, including family law, bankruptcy, immigration, consumer/contract, tort defense, landlord/tenant, income tax, real property, small estates, willsfortheterminally ill, not-for-profit incorporation, and other types of group representation. The intern will work directly with the managing attorney and the staff attorney. A variety of skills will be developed. The intern will conduct client interviews on a variety of types of civil legal problems, manage their own case files, and present case reviews. The intern will be responsible for legal research and writing on assigned cases and may provide the actual representation in administrative or judicial hearings. Second year students are preferred although highly qualified first year students are encouraged to apply. 5. The Legal Aid Bureau of Buffalo Criminal Appeals Bureau perfects felon criminal appeals for presently incarcerated persons. The BPILP intern will be expected to perfect such an appeal. This involves correspondence with the client, reading and analyzing the trial transcript, spotting errors in the proceedings, researching the legal issues involved in the case, writing an appellate brief to the Fourth Department, and arguing the case before the court when the case is scheduled on the calendar. Prerequisite courses include Criminal - from page 2 Procedure, Criminal Law and Evidence. 6. The Division ofHuman Rights-Office of AIDS Discrimination Issues is a statewide office responsible for the intake and investigation of alleged AIDS-related discrimination complaints. The Office also conducts outreach, education, and liaison functions. The intern will be supervised by an attorney and will be responsible for complaint screening and interviewing, case management and investigation, drafting determinations, legal research and writing, and education and outreach. The BPILP internships are funded from money raised from last year's "Work a Day in the Public Interest" pledge drive. Further information on these agencies is on file in the Career Development Office. COMMENCEMENT COMMITTEE ANNOUNCES FINAL BAKE SALE We know, you're tired of hearing about bake sales. Trust us, we are tired of holding them but we must hold one last sale, The Senior Class Kick Butt Bake Sale, to raise the final $200.00 needed to pay for the faculty and staff awards and the postceremony reception. We appreciate the support you have shown thus far. Many of you have contributed your baked goodies and/or your money to our earlier sales. This is the final opportunity for the rest of you to be a part of our fund raising efforts. Please bake a dozen of anything edible and bring themto our table on the second floor on Wednesday, April 18,anytime between 9 and 2. If you bake 'em, we'll sell 'em. If you can't bake, contributions to our fund will be gratefully accepted the day of the sale. Please help us reach -our goal so we can all enjoy the type ofreception we deserve. April 4. 1990 The Opinion 5 �THE OPINION MAILBOX , STATfc I MYTRM I YOK MAX Student Alleges Police Racism Y( )RK AI HUf-FALO Si .HOOL. I >F LAW April 4, 1990 Volume 30, No. 12 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: AndrewCulbertson Business Manager: News Editor: Features Editor: Photography Editor: Maria A. Rivera Bruce Brown Michael D. Gurwitz JeffMarkello EDITORIAL: Take The Time To Participate In The Buffalo Conference This is a busy week at U.B. Law School. S.B.A. elections, the BPILP fund drive, budget hearings for student organizations and the "End of the year Social", are all on the agenda. There is also another event which merits the attention of all students and faculty. The Mitchell Lecture Series is assisting in underwriting a conference entitled "Buffalo: Change and Community" (see article on page 1). The conference will take place tomorrow and Friday and may be one of the most interesting events of the year. The city of Buffalo will be home to many of us after graduation and even those of us who won't remain in Buffalo have probably worked downtown at some point in our law school careers. Perspectives on the future of Buffalo vary. Many of us who have lived in the area for most of our lives, have felt that there has been a recent upswing in the economy, in government and in the attitude of residents. This past year however has provided many disappointments as we've watched long time employers lay off workers and scandal invade city government. Buffalo, hence is often a study in contrasts and thus may be one of the key areas in the country for the study of community and economic change. UB Law, in fact has been a trend-setter for many law schools across the country with the establishment of its Community Economic Development clinic. As members of the Buffalo community we owe the city our participation in the conference on Thursday and Friday. The more persons who become educated on what they can do to help, the better the chance that Buffalo will one day be the thriving community it once was. Final Words From A Tired Editor-in-Chief This will be my final editorial as editor-in-chief of The Opinion. The next issue will be put out by the new editorial board. As such, I felt that I would break from the traditional format and comment on some of the things in this issue and the newspaper in general. First, The Onion. A parody issue is always troubling and this one was a long time in the making. It is difficult to put together from a layout standpoint and hard to get parties to write funny articles (there is a great fear of writing something that you think is funny but no one else does). We are particularly proud of this parody, however, as we took great pains to be funny and to try not to offend (although taking offense is a very individual matter). Sometimes that which is most funny is that which is most ridiculous. What could be more ridiculous than Professor Blum joining the war on drugs, the Federalists merging with the National Lawyers Guild or Professor Finley stopping her crusade for women's rights? The fact that so many of our faculty members and student groups can be easily identified with a "cause" is what makes this law school unique. As for the "real" Opinion. I am choosing not to comment on the F. 8.1, protest (YEAH!). I have already commented (above) on the "Buffalo Change and Community" conference which I feel to be very important. What I do want to comment on now is "Across The Nation". Putting together "Across The Nation" has been one of my favorite tasks. The differences among the law schools and law school newspapers are startling. I was amazed to discover that some law schools have their own cafeterias and gyms (although not a necessity a nice convenience) and some law schools have all they can do to keep their walls standing. One of the most remarkable things I have read this year comes out of Pace University law school and is excerpted in this issue. If you thought we had problems with the invalidation of one of the New York Practice exams last semester, you should see what a mess there is at Pace. Students are in an uproar because they had no say in the Dean's decision to order the regrading of 170 exams by a faculty panel. This will be a true learning experience for the administration who are going to have to set forth a policy for the invalidation of exams and do something about a very controversial instructor. Finally, a comment about objectivity and The Opinion in general. As an editor I quickly found that it is impossible to please everyone. Few issues have gone by without comment from students or faculty about the way a story was written. The most common critique was that a particular story was not objective. Objectivity is key to any news article but is difficult to achieve. This is particularly true in a situation where all the writing is done on a volunteer basis. If people are not allowed to write what they want they will not write anything. As editor-in-chief I have always asked writers to try to stay objective and have made suggestions to them on how they can achieve objectivity. That is as far as my power goes however. This is not the New York Times, I can not threaten to cut a writer's salary or fire him or her if I don't feel he or she is totally objective. Only in rare circumstances does the Editorial Board choose not to run an article. The reason for this is thatthe only incentive writers have to keep on writing is publication and if we didn't publish most of the stories we receive we wouldn't have a newspaper. So, when the next editorial board takes over and you feel the need to criticize the content of a story, remember that if the people that take the time to write and produce the paper can't write what they want, there will be no newspaper to criticize. Christina A. Agola, Ted Baecher, Nathaniel Charney, Len B. Cooper, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketcham, Darryl MacPherson, Jim Monroe, Andrea Sammarco, Maria Schmitt, Sandra Williams Staff Contributors: Kevin Doyle, Jerri B. Gordon, Tuwanda Rush, Chris Thomas, Kathleen Welch ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are notnecessarily those of the Editorial Board or Staff of TJie Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by theEditorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the rightto edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. 6 The Opinion April 4, 1990 To the Editors: About two weeks ago, a non-profit group based in Washington, D.C., found that in 1989 almost one out of everyfour AfricanAmerican males was in jail, on probation, or paroled. These statistics are shocking and irrefutable, but hardly surprising. The main reason for this crisis is, of course, white racism and the underemployment of the black male. Racism is an integral part of this nation's social, political, and economic development in light of the fact that America owes much of its incipient greatness to the institution of slavery. Racism isa phenomenon whichhas been bred, sustained, and perpetuated by ignorance, but which, fortunately, may be combatted with education. By education I mean thatAfrican-American history, which has been virtually ignored by white historians, should be taught in the primary, secondary and post-secondary learning institutions, and in the criminal justice system. Without this kind of education, law enforcement imperatives premised upon racist assumptions will continue to deprive theAfrican-American community of its men. The men, however, are not the only victims. As an African-American woman, I, too, have been subjected to the brutal racism that perpetuates our society's system of law enforcement. On Monday, February 26, 1990, I visited the Amherst Police Headquarters at 500 Audubon Parkway to collect a police report regarding an accidentthat occurred on Friday, February 23, 1990, in which I was involved. Upon careful review of the police accident report, I noted materially false statementsand omissions which I immediately challenged and sought to have corrected. Most disturbing was the fact that the report indicated that one of the causative factors relative to the accident was my "unsafe speed." Since the reporting officer was not present at the scene when the accident actually occurred, and neither the other driver nor witnesses informed the officer of such a "fact," I wondered where he had gotten such false information. In addition to the materially false statement thatI had been driving at an "unsafe speed," the report also omitted material information. First, the report did not indicate that the other driver had been approaching on-coming traffichead-on while driving on the wrong side of the road. Secondly, there were four witnesses present who informed the officer of this fact, but he refused to write it down. Thirdly, the report did not state that of all the witnesses present, all were in my favor. Fourthly, I had to insist thatthe reporting officer write down the names and addressesof the witnesses, and even then he (continued on page 11) Eyewitness Supports McKenzie Claim Dear Sirs and Madames of The Opinion: I write to offer a first-hand account of the accident that occurred last February 23rd, involving Ms. Sharon McKenzie and another driver. I was a witness to the accident, in contrast to Messrs Dave Universal, Dean Candino, and Drew Miller who were not, but whose opinions nonetheless appeared in the March 21, 1990, Spectrum. Universal and Candino commented that a police officer is entitled to more credibility than an ordinary citizen. I do not say that I am entitled to greater credibility than a police officer simply because I am an Asian-American UB student who attends law school. I do say that I, in contrast to the reporting officer, actually witnessed the accident when it occurred. Like many other students that fateful Friday night, my friend Dorchell and I had a dinner engagement and were southbound on Millersport Highway, approaching the overpass over Maple Road. Suddenly, we observed the white headlights of another car and Ms. McKenzie's car approaching each other. Millerconcludes that Ms. McKenzie was at fault for having failed to avoid the other car which was going in the wrong (northbound) direction in the southbound lane because Millersport is "four lanes across." In actuality, there happens to be a steel barrier separating the two southbound lanes from the two northbound lanes. Additionally, the road condition was icy and visibility poor; that my car narrowly missed the two-car pile at the center of the two southbound lanes on Millersport, I credit more to luck than to my driving skills. We stopped to render assistance and to be witnesses. Only after the reporting officer ignored and twice refused to put Dorchell, who is African-American, down — — as a witness, did I demand to be put down as a witness. Miller implied that because some of the witnesses are "friends" of Ms. McKenzie they are not as credible as the white witness who was listed. I happen to be a friend of Ms. McKenzie, whilst Dorchell is at best an acquaintance of hers. The issue of witness relationship was never raised or discussed by anyone until now. How the reporting officer was able to deduce them that night and conclude thatthe one white witness was singularly sufficient and reliable as a witness to the accident continues to elude me. I also fail to see, as per Miller's contentions, how listing the names of more than one witness on the accident report would make the report more "complicated." Nonetheless, we saw what we saw, and what we did not see, and in no way join in the police officer's opinion that Ms. McKenzie was driving at an "unsafe speed," nor do we conclude, as do the non-witness opinions of Universal, Candino and Miller, that Ms. McKenzie was otherwise at fault. Our conclusions are supported by the one white witness. I am confident that the racist ignorance and faulty logic of persons such as Universal, Candino and Miller will find no joinder from rational beings. More frightened am I of the possibility that an "official" police accident report containing materially false statements and omissions may someday hurt an innocent person who has no supporting witnesses to contradict it. Most frightening ofall is that an innocent person such as Ms. McKenzie was cursed at, arrested and detained for having the audacity of challenging a police report that is contradicted by all of the witnesses. — Sincerely, Joseph de Dios-Valerio Grade Challenges Subject to Statute ofLimitations grade To the Editor: I. would appreciate it if The Opinion would publish the following policy that the Faculty Student Relations Board has developed. A petition thatseeks FSRB consideration of an issue that affects a student's grade will be consi- dered timely only if the FSRB Chair receives it not laterthan the last day of classes in the semester following the one in which the grade is submitted. For example, if a student wishes to present a subpetition challenging a mitted in February, he or she would be able to do so until the last day of classes in the following December. For this purpose, a grade submitted later than June 30 will be considered submitted during the fall semester, so that a petition could be filed until the last day of classes in April. Thank you. Yours sincerely, Marjorie Girth Professor ofLaw �GROUND ZERO What's So Funny 'Bout Sex, Drugs and Rock and Roll? Let's talk about drugs. Picture this (if you will). The year is 1980. It's Friday night, and all the college kids are flocking to the student union to watch the weekly Bugs Bunny cartoon and movie. Hundreds of students settle into their chairs and, asthe lights dim, take outtheir joints, pipes, or mini bongs and light up. Other people drop various chemical substances, if they haven't done so already, and still others pull bottles of alcohol out of their clothes. The room fills with marijuana smoke and laughter as Bugs smashes in Elmer Fudd's head. Campus security stands by in case there is any real trouble. That's it. Nobody is yanked out of their seat, nobody is arrested, and nobody has a confused official screaming "Just say No!" into their face. by Michael D. Gurwitz Features Editor What a difference a decade can make, eh? Yesterday's nonfiction becomes today's cutting-edge science fiction. The above scenario, needless to say, was true. It occurred all the time at my alma mata (what the hell does "alma mata" mean?), Brandeis University. In 1980, Brandeis was a highly regarded university with competitive admissions. And yet its students, future doctors and politicians and business people and lawyers, regularly and openly engaged in casual drug use that today would have Billy Bennett popping veins in fury. But times, and presidential administrations, change. Back in the good old seventies we had Jimmy Carter, a president who made human rights a top priority. There were no drug czars back then, and NORML (the National Organization for the Reformation of Marijuana Laws) was hard at work. We all know what happened after Carter: Evil Empires, aid to ruthless dictators, screw the poor, and, most of all, Just Say No (sponsored by the Partnership for a BrainFree America). Let me offer you a personal observation which I believe will help put the current drug war in some perspective. When I was a freshman, the drug ofchoice at Brandeis was pot. None of this high-priced, superpowerful sensimilla stuff, either. It was Columbian gold or Mexican whatever, and it cost about $50 an ounce. Friends could get together and get high all night, squinting at the funny black light posters, listening to Jimi Hendrix or Tangerine Dream, and earnestly discussing philosophical subjects in profound yet idiotic ways. Walk into somebody's dorm room and living room and there it was, a multicolored two foot tall bong: "Have a hit, dude." In 1981, some remarkable things happened to the nation and at Brandeis. Reagan happened to the nation. At Brandeis, cheap pot started to disappear, only to be replaced by highly expensive bags of seedless sensimilla. No more communal bonging this stuff was way too expensive for that. An intriguing white powder called cocaine started showing up everywhere. In 1980, it was big news when you heard that some of the guys pitched in and bought Joe a gram of coke for his birthday: How much is a gram? A hundred dollars! What's it like? Nah, he won't give you any, I hear he's only sharing it with his roommate. One year later it's close the door, chop chop chop, want a line? — I saw it happen. J'accuse! Reagan became president and cocaine replaced pot. Pot and coke produce two different effects, something like We versus Me. I won't bore you with the details about the rest of the decade, just the generals: yuppies. Wall Street, ethics-shmethics, charity-schmarity, Hi-C (CIA-Cocaine-Contras), blah blah blah at least he's not president anymore, but look what we have now, and, oh year, JUST SAY NO! What's this, a seed under the floormat of your car? Okay, nasty boys, zero tolerate the house and the car and the bank account and fine this guy $10,000 and print his liberal name on the front page of every newspaper in the country. We're seriousabout this war, see? Another anecdote, this time about the FBI. Seems Willy Webster's goon squad is making waves at ÜB. Congratulations are due to the organizers and participants of this year's protest outside of CDO. Unfortunately for me, I was downstate having a doctor drill the bejeezus out of my knee, and so I missed all the fun, but I hear the demonstration was great (and musical) and bigger than last year's. Here's hoping that, if necessary, next year's will be even biggerl Anyway, about the FBI. Abbie Hoffman wrote a very entertaining autobiography called Soon to be a Major Motion Picture. In it, he describes how he took a free tour through FBI headquarters in Washington, DC. The kick was, he was a fugitive wanted by the FBI at the time. I was living in Washington, DC in early 1988, whiling away the hours until I started law school with those wonderful people at Buffalo who had sent me that magical acceptance letter, when I read Abbie's book. I decided to follow in his beloved footsteps and see the sights at the J. (is for "Jackass") Edgar Hoover building. Our tour was led by a very polite, straight-postured black special agent (Hoover must be rolling in his grave). The agent guided us past the various exhibits mobsters, weapons, terrorists, bank robbers, and, of course, drugs. I peered into the glass-enclosed drug exhibit. A small pyramid of coke, hypodermic needles, multi-colored pills, a sprig of gooey, bright green cannabis. "These are drugs", said our observant tour guide. "If you use drugs," he said in a low, serious voice, "there are three places you'll end up: in jail, inthe hospital, or dead." Or law school, I felt like saying, but I was in no mood to get glared at by Special Agent Fullashit and the various nuclear family units staring accusingly at Satan's playthings within the glass exhibit case. So now it's 1990. Ten years of Just Say No have given us an epidemic of cheap, abundant cocaine turned into crack that is destroying the ghettos and the poor people imprisoned within them. There's — plenty of money for weapons (including, until recently, our cocaine-exporting friends, the contras), but not a nickel for drug treatment centers, decent housing, decent education, and all the other remedies that will truly help the inner-city victims of the crackwars. One ofthe greatest ironies is that, according to a recent poll, most Americans believe that drugs are this nation's biggest problem. Drugs, especially crack and angel dust, are a tremendous problem for impoverished blacks and hispanics trapped in inner-city ghettos, but how many middle and upper class Americans are really affected by the drug trade? I don't know anyone who has been hurt or killed by drug-related violence, and I doubt that most of the folks who answered the above poll do either. But I do know women who have been raped. I know women who have been battered. Officially, a woman is raped every six minutes, and a woman is battered every fourteen seconds. I'll bet any amount of money that there's a helluva lot more people out there who know someone who was raped or battered than know someone who was hurt by drugs. So how come we don't declare a War on Rape, or a War on Woman Battering, or a War on Child Abuse, or a war on any number of problems that are a lot more prevalent and damaging than drug use? Yesterday's War on Poverty is today's War on the Poor, code-named the War on Drugs. It's a lot more: the War on Rights, the War on Individualism, the War on Enlightenment, the War on Pleasure. Any way you cut it, it stinks. If our government was really serious about stopping the destruction of human brains by drugs, it would lay off marijuana and go after the nastiest, most powerful, most insidious drug of all, the one that daily afflicts nearly every man, woman, and mutant in this country. It's not crack, it's not alcohol, it's not nicotine. If our government really wanted our brains to stop resembling sunny-side up eggs in a hot frying pan, it would blow up every T.V. station in the country. Butthen how would Madison Avenue sell us instant gratification? Protest's Lofty Aspirations Marred by Childish Antics I know I'm notthe only one, but I thought the protest on Wednesday, March 21 against the FBl's efforts to recruit on campus was really inappropriate. First, let me make it clear that in substance, I agree with the purpose behind the protest. It's the style and method used that I have problems with. The FBI shouldn't have discriminatory policies, and I would be thefirst to demand changes. However, if I were to act, I would do so with the goal of actually effecting change, not just making hurtful statements. by Darryl McPherson The biggest fault I found in the protest was the song used in the beginning, sung to the tune of "The Battle Hymn of the Republic". While it was quite amusing, I think it grievously loweredthe level of the protest. What does it accomplish to call Steven Sample a weasel or a spineless ignoramus? It was very immature and it serves no one. Such a tactic only pleases someone who is already with your cause; it's not going to persuade anyone in a position of power to help you. Imagine you're Steven Sample, and you find out what a group of law students have said about you. Are you ashamed that you allowed the FBI on the UB campus, or are you insulted that a bunch of students tried to paint a picture of you as an incompetent fool? Would you take the time to actually listen to their concerns after that? Sticks and stones may break no bones, and names may never hurt anybody, but such behavior never got anyone a seat at the bargaining table either. I'm not saying that people have to respect Pres. Sample, but they can't expect positive results from an infantile display. There's a saying that you can catch more flies with honey than vinegar, and I know that's true. You don't have to be a whimpering sycophant, but you also don't have to take the low road. Another problem I have is the "high moral" position of the protest. Just because the protest is "right", it gives them the right to do what they think is best. Unfortunately, I, and some others, disagree. Now where do our rights fit in? While I was observing theprotest, a woman made it clear that she wanted to get into the Career Development Office, but obviously couldn't. Doesn't she have the right to use the CDO whenever she wants to? Her money paid for school services, and no student should be able to deny her access. Ifa student wants to interviewwith the FBI, do you or I have any right to deny her that? Discrimination is an evil, but it cuts both ways. A common point made in the protest was the use of student money to bring discriminating employers to recruit on campus. It is an offense to have someone at the University who won't offer a chance ofemployment to those ofcertain affected groups. While I agree there's something wrong in that, it's something I've come to expect. That's the way things work in a democracy. In a school with thousands of people and just as many opinions, you'll never agree with everything. When the University gathers everyone's money, it's impossible to ask where you want it to go. Should I go out and protest the existence of the National Lawyers Guild or the Federalist Society just because I don't like their politics, and money from my student activity fee went to fund them? I admit that I always have the right to protest them. However, I sincerely doubt I would succeed in eliminating them, or, in the very least, changing their minds. I also wonder how many employers allowed to recruit on campus could stand up to a deep probe for discrimination? Just how "clean" is the EPA anyway? Have the FBI and the JAG Corps been singled out for special treatment because they're the only discriminating employers allowed on campus, or is it because politically, they're good targets?Who cares if a part of the Armed Forces or a police organization are picked on? They're mean and carry guns and we don't like them, rig ht? However, it's no secret thatthe criminal justice system is racist as all Hell, but no one has done anything to stop that. Dear Students, Faculty, and Administration of the University of Buffalo, School of Law: ECBA Volunteer Lawyers Project, Inc. (VLP) was one of the agencies selected by the Buffalo Public Interest Law Program (BPILP) to receive a law student internship for the summer of 1989. The internship program was a resounding success and mutually beneficial to the law student, VLP, and the poor persons served by VLP in Erie County. This past summer Barry McFadden interned with our office. Like most public interest lego! services organizations, VLP's resources are extremely limited. There are five full-time staff members and only two of them are attorneys. Atthesametime,VLPfrequently has over 500 inquiries for legal help per month. Consequently, VLP is highly dependent on volunteers, work-study students, and summer interns for the operation of its pro bono legal services program. It's easy to see why the BPILP summer internship program isso importantto VLP. The intern becomes a full-time member of VLP and is involved in a variety of tasks. This past summer, among his various responsibilities, the intern interviewed clients, directed people whom we were unable to help to the proper agencies, contacted private attorneys about accepting pro bono case referrals from VLP, handled a case load, drafted simple wills under the guidance of a private attorney, represented clients at administrative hearings, negotiated with creditors of clients, and completed and filed motions with the , Volunteer Lawyers Project Gives Thanks courts. VLP cannot emphasize enough the benefit of the internship to our office, to the clients we serve, and to the law student. Without legal interns, our agency and agencies like ourselves would face a serious gap in our summer legal services programs. Unfortunately, VLP cannot afford to pay an intern out of our own scarce resources. As a result, VLP invites you to support public interest legal services organizations this spring through theBPILP fund-raising drive. The BPILP interns work the entire summer to provide legal services to the less fortunate. All BPILP asks is that you work a single daythis summer to support the efforts of the interns and to help expand the program. Ultimately, your pledges determine the extent to which BPILP can continue these internships for U.B. law students. VLP wishes to thank you for your time and looks forward to working with U.B. interns in the future. Sincerely, Robert M. Elardo, Esq. Managing Attorney Volunteer Lawyers Project April 4, 1990 The Opinion 7 �THE ACROSS NATION eral interpretations. Dean Goldberg determined that there was no room for such discretion in grading an objective exam and subsequently decided that the grades would be removed (Pace uses an "A", "B", "C" system) and all students would receive a grade of "P" indicating the students that had passed, and a note would be attached to transcripts indicating that the administration was unable to grade the exam. Students were given the alternative of retaking the exam over their Winter Break in February. Law School News Briefs American University Hastings Attempts are being made to establish an International and Domestic Human Rights Clinic at the Washington College of Law at American University. Faculty approval and funding are still needed for the start up of theclinic but thecurriculum committee approved the clinic. If established, the clinic will accept 8 third year students and asylum hearings and appeals will be referred to the clinic by community groups. International cases will be heard before the Inter-American Commission on Human Rights. If established, the clinic will be the first of its type in the county. (The Hairy Hand, February 1990, vol. 3, no. 3, p. 9) Many student appointments to Hastings student-faculty committees were just made in early March. This delay has been Cleveland-Marshall The Cleveland-Marshall faculty is considering the use of a new class evaluation form to be completed by students at the end of each semester. The new form, which was designed by a studentcommittee, contains multiple choice questions which ask the students to rate various aspects of the course such as textbooks and professors knowledge of the subject matter. The current evaluation form contained open-ended questions which required essay-type answers. The faculty originally voted to bar the use of the new forms but a petition signed by 350 students persuaded them to reconsider the decision. (The Gavel, March 1990, vol. 38 no. 4, p. 5) frustrating for many students and faculty as appointments are usually made in early fall. Asa result, many major committees, such as admissions and financial aid, have been operating without student representation. The admissions policy committee, which only meets in the fall, has undergone all its work without student input. The reason for the delay in the appointments has not yet been pinpointed. {Hastings Law News, March 6, 1990, vol. 23 no. 8, p. 1) Pace Pace University School of Law has been in a state of turmoil fortheentire semester based on a grading problem with the fall 1989 Real Estate Transactions exam. The exam was a multiple choice exam which according to students did not reflect the material taught in the course, had directions which were subject to several interpretations, and sometimes called for an answer of (f) when there were only spaces for answers (a) through (c) on the computerized answer sheet. Many of the 170 students in the class filed official complaints which led to administrative intervention. Apparently, the course instructor. Professor Schreiber, awarded partial credit on some of the questions, particularly on questions where the directions were subject to sev- This decision was unpopular with students and with the course instructor. On February 12, the Dean announced his intention to allow Professor Schreiber to reevaluate the exams in an unarbitrary manner. Two days later Professor Schreiber announced that he would not be reviewing the exams because he originally thought he would be able to give partial credit but subsequently found out he could not. Based on Professor Schreiber's unwillingness to regrade the exams the Dean has announced that the exams will be regraded by a faculty committee and that students will have the option of accepting a "P" grade if they are unhappy with the end result. Students also formally protested Professor Schrieber's teaching practices in both 1983 and 1988. (Hearsay, February 27, 1990, vol. 12 no. 4, p. 1) Villanova The Villanova School of Law sponsored an in-house Client Counseling and Interviewing Competition. Students compete on teams of two and act as attorneys presented with a typical client matter. They must conduct an interview with a person playing the role of the client. The students are judged on how well they ask appropriate questions and evaluate the information they obtain from the client. The judges evaluate the studentsfrom behind a one-way mirror. This competition is popular with students because no brief or memo is required and thus the competition isn't time consuming. Winners in the competition went on to the ABA regional competition. (The Docket, February 1990, vol. 26, no. 5, p. 1) Wing Wah Woos Vegetarians There's a new kind of wing in town. I'm not talking about the severed arm of a flightless bird. Nay! This wing is Wing Wah, a take out Chinese vegetarian restaurant. The menu lists 93 dishes ranging from Hunan-style gluten (gluten is wheat protein similar in texture to beef) to Tofu (bean curd, a traditional Chinese food) by Michael D. Gurwitz Food Editor with curry sauce to wonton soup to mushroom egg rolls. I tried the hot and sour soup, mushroom eggrolls, orange fried gluten, and celery and mushroom gluten, and it was all delicious. We're talking really good food here. The prices are low, with most entrees costing about $5. You also get large portions. For those of you who absolutely feel that a meal is not a meal if it doesn't include at least part of one dead animal. Wing Wah also serves shrimp dishes. There are Tung Ting shrimp. Moo Shu baby shrimp, shrimp egg rolls, and lots of other crustacean-laden delights. These dishes tend to cost a little more, but none go higher than $7.50. Wing Wah is located at 154 Niagara Falls Boulevard, right at the intersection of Niagara Falls Boulevard and Kenmore Avenue. It is open Monday through Saturday from 11 a.m. to 10 p.m. The proprietors are friendly, there's free peanuts and fortune cookies while-U-wait, and you get to watch them work the woks. 1989 New York Bar Exam Results The following percentages are based on ad persons who took theSummer BAR/BRI Students 1989 New YorkBar Examination for thefirst time. New York State Pass Rate Non-BAR/BRI Students Another Reason More People Choose BAR/BRI Than All Other Courses Combined. BAR REVIEW New York and the Nation's Laigest and Most Successful Bar Review PI£ASE NOTE: All penxiitign h»\e been iDunded off u> the neairnt whuk- nuiiilier. 8 The Opinion April 4, 1990 �Noise Issue Rears Its Ugly Head Once More The Complaint: A new undergraduate social scene is quickly springing up. Unfortunately, the location of this "new scene" appears to be the Law School Library. Buffalo Law School has enough problems already, without acquiescing in the ruin of its library's reputation. A Library is for research and quiet study. I am appalled that this study area is allowed to be repeatedly abused. Any interested passer-by is practically invited in with its large glass front panels and no requirements on non-law student admission. I realize that UB is a state institution. But quite frankly, the argument that the UB Library cannot restrict access to its facilities on some level, does not cut it with me anymore. This is merely an argument which avoids, rather than addresses the issue. Many other academic institutions that I am familiar with, such as Cornell, restrict use of their graduate facilities. Undergraduates are allowed to use these facilities on a pass basis that is issued at the front desk. Everyone that enters the Library must present their I.D. Anyone without graduate or law school status at Buffalo should be monitored and given 2 or 3 hour passes for research only! Studying can be done in the numerous undergraduate libraries available on both campuses. UB is in a precarious-enough position among law schools and research institutions as it is. It does not need to create further problems for itself. The Response: The use of law libraries by undergraduate students is a common lament among law students who attend state supported facilities. Although you feel that using the fact that we are state supported avoids rather than addresses the issue of undergraduates in the Law Library, it is, none-the-less, the issue. We are unable to restrict our usage from members of the University, the local bar, or the general public. With theencourage- — ment of the Dean of the Law School, we do attempt to restrict access during exam period. Conference rooms and carrels are for use by law students only. Cornell is a private institution. Therefore, it can establish its own guidelines on use. Since we are a state law library, part of the University Libraries and a State University, we are unable to restrict access to theLaw Library. Restricting access could potentially have a negative impact on law students. It would allow oth;;- libraries on campus to restrict the law students' access to their collections. Many law school seminars require the use of non-legal materials, such as historical, anthropological or political science sources. The Law Library depends on the other campus libraries to collect these materials. We could not afford to duplicate their collections. Addressing the larger issue, theLaw Library should be a quiet place to study. Undergraduates, law students and library staff contribute to the overall noise level as does the architectural design of the second and third floors of the library. A quieter atmosphere may result if we all attempted to set the example by restricting conversations to outside the library doors or in conference rooms. We are happy to mediate individual situations as they occur. Please bring them to our attention. The Complaint: Please order some sport magazines as well as other popular magazines for leisure reading. The Response: Our decision to purchase a magazine is based on its relevance to the law school curriculum. Since our acquisition funds are limited, we are unable to purchase magazines for recreational reading. In addition, there are costs associated with ordering the magazine, i.e., processing the payment and recording the receipt, which do not justify the acquisition of materials that will not be added to our permanent collection. Some of the other libraries on campus purchase some "popular" magazines. May we suggest you use the following libraries to find: Sports Illustrated Undergraduate Library Car and Driver Undergraduate Library Time Lockwood Library or Undergraduate Library Newsweek Lockwood Library or Undergraduate Library If you are interested in a particular magazine, please consult the SUNY/Buffalo Union List of Serials, located behind the Reference Desk, which will tell you if that magazine is acquired by any library at SUNY/Buffalo. The Complaint: "Suggestion" NO Complaint: May the Ed.Dept.Rep. (EDR) Vols. 1-26 and Looseleaf EDR's Vols. 27, 28, 29 be placed in the "Looseleaf" room? In the alternative, if not, "all EDR's", (Vols. 1-26) do not have a cumulative index, whereas Vols. 27, 28 & 29 [July 89-] have a cumulative index for Vols. 27, 28, etc. [Lenz & Riecker], then placing at least the "Looseleaf" EDR's in theLooseleaf room. Use of the EDR's Vols. 1-26 would then be requested from the desk. Thank you for your consideration. The Response: The New York Education Dept. Reports are heavily used and, in our experience, have been targets of unauthorized "borrowing" from the library. Therefore, we feel that we can maximize access to them by retaining them on Reserve rather than placing them in the Looseleaf Room. For your information, duplicate copies of Volumes 1-13 are shelved on the 4th floor. The Complaint: Why are several of the lights at the desks on the 6th floor (lefthand side) not working? They have green tags labelled "10/26/89", and I'm wondering if they can be fixed, bulbs replaced, whatever so they are useable? The Response: Thank you for bringing our attention to the carrel lights that are — — — — — — not working on the sixth floor. The green tags were placed on the lights by the maintenance crew. They usually report unworking lights to theelectricians. Since the tags are marked 10/26/89, and since they are still not working, we have placed another work order with the electrician and hope to have thecarrel lights working shortly. The Complaint: Please post listing ofcall numbers and which floors they can be found on next to elevator. The Response: Your suggestion is a good one. We will post a listing of call number locations next to the elevator on each floor. The Complaint: Cannot something be done to control the amount of talking, etc. done on the main floor, particularly near the Circulation Desk and the circle where the Shepard's volumes are stored? The noise rises sounds much louder upstairs and really interferes with work. (I have occasionally been moved to ask people to be quiet, and been made to feel like thewicked witch of the west for doing — — so.) The Response: We realize that certain areas of the library are noiserthan other areas. While we share your concern that theLaw Library be a quiet place to study, we are hampered by structural arrangements. The areas around the Circulation and Reference Desks are going to be noisy because they are patron service areas. As you know, the change and photocopy machines are located in this area also and account for much traffic and noise. We have explored the possibility of structural changes to the library that would help solve the problem of noise rising to the balcony. However, the costs of these modifications are prohibitive. We will again remind staff to keep conversations as quiet as possible. Perhaps you should consider studying on the 4th, 6th, or 7th floor where there is less patron traffic. Kaplan-SMH proudly announces: Computerized Diagnostic Analysis Attorneys Reading Your NY Essays More Multistate Questions Until now, studying for the bar exam has been a guessing game for many students. Sure all bar review courses teach the law, and some give you practice exams along the way. But now, Kaplan-SMH is providing a sophisticated diagnostic tool to all of its students as an integral portion of our course. We not only teach the law and give you lots of practice, we analyze your practice by computer and give you detailed diagnostic printouts showing which subjects need more study! The CDA: Indentifies the core subjects in which you are strong; Shows you the major topics and subtopics you should study more, and refers you to the appropriate study materials; Helps you avoid wasting time on the subjects and topics which you already know; Provides an estimated MBE score! On the NY Bar, Kaplan-SMH has added live readers for your sample essays. Practicing attorneys will read your essays, examine them for accuracy, for analysis, and for style. You will receive your essays back with substantive comments. For more info: . ™ .9,88 Kaplan-SMH ■■■ For the Test of Your Life April 4, 1990 The Opinion 9 �THE GOLDCARD: A SPECIAL MEMBERSHIP OPPORTUNITY FOR GRADUATE STUDENTS EXCLUSIVELY Take advantage ofthis special opportunity to become a Gold Card member. American Express will approve your application based upon your status as a graduate student. Your acceptance will not be dependent on employment and income history. As long as you have no negative credit history and no negative American Express experience, you can soon be carrying the Gold Card. And you need only call to apply. Any time, day or night, 24 hours a day. There is no lengthy application to complete. Once you receive the Gold Card, you can begin enjoying the many benefits of this distinguished membership, including: Worldwide check-cashing privileges. Emergency Card replacement (usually by the next business day). A complimentary 24-hour, toll-free travel service. As well as insurance protection for your Gold Card purchases. The Gold Card. Available to you now on this exclusive basis from American Express. Call today to apply. The GoldCard* H% An Amancan Expresscompany C 1989 American Express Travel Related Services Company, Inc. 10 The Opinion April 4, 1990 1-800-648-4420 �SASU President Urges Deferral of Tax Cut Proposal To The Editor: Someone once said that there are only two certainties in life death and taxes. The waymany people talk about taxes one might think there is some correlation between those inevitabilities. As students of public higher educationwho must grapple with public policy, it is importantfor us to take a look at this issue and let our voice be heard. As a society we are more dependent on one another than ever before. If I recycle my garbage, you won't have to pay the price of disposal. If I smoke cigarettes, yourhealth insurance premiums rise. The fact is that every individual action ultimately makes its mark on society. Recent mandatory recycling and anti-smoking legislation reflects the growing understanding that our lives are indeed inextricably linked to one another. In some ways, the history ofeducation funding evidences this. Most people in New York probably attended public elementary and secondary schools to which they went for free. In fact every United States citizen has this right. The cost is picked up out of taxpayers' pockets. But this has not always been the case. Not too long ago elementary and secondary education was only available to those who could afford it. In other words, education was a privilege. As oureconomy grew and became more complex the need to disperse knowledge amongst a larger portion of the population became evident. — More importantly, since our economy depended on a minimum level of educational attainment, public education was seen as a societal imperative. Of course people paid more taxes, but in the end the individual AND society benefitted. As we move into the 90's en route to the 21st century, we are entering a new watershed in education. The need to spread a higher level of knowledge amongst a larger percentage of the population is growing. Before the year 2000 we can expect that about half of all new jobs in New York will require one to three years of college and about a third will need three or more years. (Source: Workforce 2000). Therefore, we are once again facing a societal imperative. We must enroll and graduate more college students HIGHER EDUCATION MUST BE A RIGHT. The question is, will people be willing the pay the necessary taxes? In 1985 the New York State Legislature enacted a five year multi-phase tax cut, the largest in the state's history. Since that time about $9 billion was shifted from the state coffers to people's pockets. The last phase of that tax cut, scheduled to take place on October 1, 1990, is projected to reduce state revenues by some $1.7 to $1.9 billion over fiscal years 1990-91 and 1991-92. To put it plainly, there's just not a whole lot of money for SUNY or any one else these days. The Governor's budget for SUNY is not so wonderful.But as bad as this budget is, it could get even worse. — The entire Executive Budget, including SUNY's portion, is balanced on the assumption thatthestate will deferthis year's about $400 milportion of the tax cut lion. If the tax cut is not deferred we are going to have a much tighter budget than the Governor is proposing. The income tax cut for individuals was enacted in such a way that it would be phased in over five calendar years. The earlier "reform" phases removed substantial numbers of low income New Yorkers from the tax rolls and lowered the taxes of many others. BUT THE REMAINDER OF THE PHASE-IN HOLDS NO FURTHER BENEFIT FOR MOST LOWER ANDMIDDLE INCOME FAMILIES. Upper income New Yorkers are the only ones to benefit from th is year's tax cut those who pay the top income tax rate. A "typical" family offour with income of $260,000 will save about $1,500 in income taxes. How will this affect SUNY? Last year the NYS Legislature enacted, and the Governor vetoed, a $200 tuition increase for SUNYstudents.Weknowthatifthetaxcut is not deferred this year students will probably be facing a tuition increase of at least $200 and/or massive cuts in services. Comparethis $200 with what a student or a student's family might save if the tax cut goes through. For a family offour with one or two wage-earnersthe picture looks like this: • If you earn $72,000, you save $117.00; ifyou earn $36,000, you save $62.00; ifyou — — earn $24,000, you lose $60.00; if you earn $18,000, you lose $10. It is readily apparentthatfailureto defer the tax cut accompanied by raised tuition actually results in a shift\r\ the tax burden a shiftfrom thosewith verycomfortable incomes to those who do not live so well. Deferring the tax cut will help New York State's competitiveness. If SUNY is forced to deny access by raising tuition, cutting enrollment and then slashing programs like College Work Study, Educational Opportunity Programs and Child Care—thewhole state will suffer.For New York State to move boldly ahead into the 1990's and beyond, we need to recognize that higher education is an important part of our economic and political success. — No state can entice business invest- ment without providing a trained, productive workforce. No state will ever attain economic health and prosperity by denying the education necessary to enable its citizenry to reach their potential. Higher education spurseconomic growth through increased worker productivity. College students earn more than high school graduates, resulting in larger contributions to the tax base. In order to live, work and prosper in the 21st century, we must defer the tax cut. Judith Krebs, President Student Association of the State University (SASU) Students Petition Faculty to CorrectFaculty Statement Open Letter to the UB Law Faculty: We, students at UB Law School, call on the faculty to correct three fundamental flaws in the "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment." 1. The third paragraph of the Faculty Statement presents two inexplicit statements: a) "By entering law school, and joining this legal community, each student's absolute right to liberty of speech must also become tempered in its exercise by the responsibility to promote equality and justice." b) That racist, sexist, homophobic, and anti-lesbian, ageist, and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty, wherever and however they occur." What are racist, sexist, homophobic, anti-lesbian, or ageist statements? Any two people in our society can give you two very different definitions. However, the faculty has given themselves the right to confront any violation of their individual definitions with swift, open condemnation. If a student disagrees with affirmative action, orwomen Police Racism . only listed two. Fifth, in the process o f writing down these two names, he listed an incorrect telephone number for a witness who happened to be white. Sixth, when the other driver admitted fault, the officer refused to state that fact on his report and did not even issue the other driver a ticket for driving without proper registration. I insisted on filing a written complaint against the reporting officer, but when I tried to leave with the complaint form, I was told I could not leave the station with it and that I could not draft it in the presence of a lawyer. Being a second year law student, I felt I knew enough about constitutional law to recognize that this was another boldface lie, so I again requested the chance to leave the station with the complaint form. At this point, the captain, who had also been theretofore "conveniently" unavailable, arrived, and summarily dismissed my grievance by stating, "You people, things don't go your way and it's always racism." in military combat, is that racist or sexist? Right now, no one knows. Under the current Faculty Statement, the faculty functions as "speech police" with the authority to assail any student who offers an opinion contrary to their own definitions of these terms, thereby stifling intellectual discourse in this academic setting. Students do not always need the faculty's assistance when offensive situations occur. We are not children, we are fully capable of utilizing our freedom of speech to challenge offensive statements made by our peers. If disputes cannot be settled through intelligent debate at a law school, then it is difficult to see how the society at large can solve these problems. The faculty should either eliminate the third paragraph from the Faculty Statement or thoroughly define its content. When does offensive speech become harassment punishable by the sanctions described in thefourth paragraph of the Faculty Statement? Presently, no one knows. Whatever constitutes the difference between pure speech and punishable harassment must be defined by the faculty. There are students withholding valid opinions in theclass- room due to a fear of sanctions. Since there are already a myriad of laws to prosecute acts of harassment, intimidation or assault, the necessity for the Faculty Statement is questionable. The fourth paragraph of the Faculty Statement states that when instituting sanctions "the means of doing so will always be informed by the faculty's strong commitment to the requirements of due process but will not be limited solely to the use of ordinary university disciplinary procedures." Since the adoption of theFaculty Statement in October 1987, the faculty has never set up any type of due process procedure whatsoever. The Faculty Statement expressly states that the sanctions will go beyond the university disciplinary procedure; however, the students have not been given any notice of what this punishment will be. These sanctions can destroy a student's dream of a legal career, yet, the faculty refuses to specify how the sanctions will be implemented. This absence of due process clearly threatens the constitutionality of the Faculty Statement. We demand that the due process procedure owed to a student who violates the Faculty Statement be thoroughly spelled out. Freedom of speech is not a Left-Right, liberal-conservative issue. It is a natural, basic freedom cherished by all Americans. This Open Letter has been signed by students from different political ideologies, sexes, ethic groups, sexual orientations, religions and age groups. We believe the present Faculty Statement is vague, confusing, and damaging to academic freedom and debate. Please correct these three flaws in the Faculty Statement immediately and present any changes to an open hearing for student comment. Respectfully yours, Betsy Bannigan, Dan Bildner, Jeff Braude, William Broderick, Ellen Burach, Brian Carso, John Chiappinelli, Rob Davis, Kevin Doyle, Rebecca Eisen, Jill Fahey, James Giambrone, Dave Geurtsen, Taunya Hannibal, Norbert Higgins, Marc Hirschfield, Moses Howden, Pam Howell, Kirstin Jahn, Jonathan Johnsen, Michael Joynt, James Kennedy, Jennifer Latham, Brian Lauri, John Licata, Jim Maisano, Dan Majchrzak, Mike McHugh, Carl Morgan, Kellie Muffoletto, Dave Niles, Eric Nordby, Rose Pedone, MargaretPhillips, Kathy Ryan, Jim Sacco, Andrea Sammarco, Rob Sardegna, Dave Steinberg, Mark Steiner, Gretchen Stork, Suzanne Sullivan, Bill Urban, John Wiencek, Tom Winward, Steve Wisniewski and Janet Zwick. (If any other students would like to sign on to this letter, please leave a note in Box 450 or 740.) from page 6 I was then told to leave the premises immediately. Actually, I was told, "Why don't you.just get the f out of here." I responded to this barrage of obscenities by calling one officer a racist. Said officer then came out from behind the counter, dragged me into a room in the back of the station, and locked me into a room about four times the size of a stall in a public toilet. This room had no windows, only a thin strip ofclear Plexiglas about one-inch thick and wide along the edge of the door through which the police could look in. The door to this room was opened electronically with a buzzer. The only piece of furniture in this room was a bench. At one point, I called out for help because I was in need of my painkillers, which they had confiscated (I had severe soft tissue damage to my abdominal area from the accident). I was ignored. After being thrown into the cell, it took half an hour for the police to admit that they were arresting me, and another hour and a half for them to tell me that I had been charged with disorderly conduct. All my personal be- longings were taken away from me: jewelry, money, credit cards, they even took the laces out of my boots. After being held in captivity for about two hours, I was told to sign a form indicating that my valuables (including my laces) had been returned to me. I was then given an appearance ticket stamped with a charge of disorderly conduct. As the arresting officer opened the door to release me, he asked me why I did not just leave when asked to. I could not believe the audacity of such a question. I wanted to ask him why his captain had made such a racist remark, why he had cursed at me and why he arrested me when I called him a racist. I had every right to call him a racist, legally and morally. Their behavior had been an assault on my personhood and dignity as a human being. On Thursday, March Ist, 1990, UB law, graduate and undergraduate students assembled in front of the Amherst Police Headquarters to protest my illegal arrest by the Amherst Police Department, lam writing to inform the public, UB administrators, and elected officials in Amherst that we will continue our strugglefor equal protection under the laws. I should have known that I would have been arrested by racists for crying racism. There I was, a citizen of the good ol' U.S of A. trying to file a legitimate complaint against an agent of the state and was arrested for no valid reason—calling someone a racist is allowed by the U.S. Constitution, just as it is allowed for neoNazis and the XXX to use hate speech and racial invectives when they march. Forgetting about police abuse will not make it go away, only doing something about it will. A number of concerned citizens are forming the Western New York Coalition Against Racism; to get involved in the Coalition, call 837-3729. Your help is crucial. Truly yours, Veanka S. McKenzie April 4, 1990 The Opinion 11 �THE NEW YORK BAR EXAM HAS CHANGED AND BAR/BRI HAS CHANGED WITH IT!! There has just been a major change in the New York Bar Exam and it will benefit BAR/BRI enrollees. The New York State Bar Examiners have dropped a number of topics from the Bar Exam, effective immediately. In addition, the Examiners will change the emphasis slightly among the remaining topics. What this means to you is that you will be able to devote more time to the Multistate subjects and more time to the skills needed to optimize your scores. We at BAR/BRI have already changed our testing materials to reflect the new Bar Examination. No longer will you be tested on such topics as Bankruptcy, Labor Law, Insurance, Municipal Corporations and other topics deemed unimportant for exam purposes by the Bar Examiners. There will be a renewed emphasis on the six core Multistate topics and on New York Practice, Wills, Trust, Corporations, Domestic Relations and various other topics that New York considers to be important. Already, the free Essay Workshop that will be provided to every BAR/BRI enrollee for the summer of 1990 has been redesigned to reflect the new emphasis on the New York Exam. Plus, the free Multistate Workshop will be more valuable than ever. The New York State Bar Exam keeps changing and BAR/BRI keeps changing with it. This change is primarily to take things off the New York State Bar Exam. In future years we expect the Bar Examiners will be adding things to the Exam, probably in lieu of the New York multiple-choice component. Our staff of attorneys is now developing both a performance program and an enlarged essay program in the event that New York State goes in that direction. As soon as further changes occur, we will keep you informed. BAR REVIEW 12 The Opinion April 4, 1990 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-04-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/4/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/074c8d6fbfc7351377e69139157f3c82.pdf da4eb8e786dae68f5e9c893a42f40fc5 PDF Text Text Law Professor Receives Purple Heart In Drug War President Bush handed out the first Purple Heart of the Drug Wars yesterday during a ceremony honoring SUNYAB Law Professor Jeff Blum. Professor Blum appeared anxious at the press conference announcing his receipt of the Purple Heart. In explanation of his angst Blum said, "They never told me what was going on. I was just grabbed in the middle of the night, thrown into a four door sedan and brought here. At first I thought it was unpaid parking violations but then I remembered I don't have a car. I never dreamed that I'd get an award from President Bush. Maybe I hallucinated about it once or twice, but I never dreamed it." Blum gave a modest acceptance speech and declared that other individuals were more worthy ofthe Purple Heart than himself. "People come to mind who have done so much for the War on Drugs that my contribution is miniscule compared to the effect these men have had. People like Jerry Garcia, Keith Richards, Dennis Hopper and the late Jim Morrison should be up here instead of me." President Bush noted that Blum's purple heart was only the beginning of an award campaign designed to dwarf the amount given by President Reagan "in award things. But, remember, as a Democrat he needed two international conflict the Grenada thing" and to topple the record set by President Harry S. Truman during World War II and theKorean War. When asked about figures President Bush responded "I think Harry (Truman) gave out over 700,000 of those medal and things to reach that number. I feel with a little creativity and a couple thousand pointy-headed assistants we can top that number within the first fifteen months of the Drug War. And that's just within our borders." The battle lines of the Drug War have yet to be drawn, with some people wondering if the Panamanian invasion to oust General Noriega can be considered an element of the Drug War. Bush responded, "A definitive answer at this juncture wouldn't be prudent. We'll have to see what the medal count is before we can make any statment regarding that topic." For a final comment President Bush vowed that in addition to being known as "The Environmental-Education-Eastern European Freeing-Panamanian RaidingPresident" he is to be called the Medal Giving President. In an aside to his Press Secretary Marlin Fitzwater, President Bush said "This Drug War idea is a real coup, I should establish another place in history with the medals I'm gonna give." In an official statement given by Dean Filvaroff of the UB Law School the dean praised the efforts of Professor Blum. "This ought to really help our ratings in the Gourman Report, and I hope we can reflect that in a tuition increase retroactive to Fall 1985. It's the least the students can do for us." Professor Blum and President Bush THEONION Volume 30, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF FLAW April 4, 1990 Finley Wins Bake-Off, Gives Up Career After years of battling for the rights of women, Professor Lucinda Finley has finally thrown in the towel. Commenting "If you can't beat 'em, join 'em" and "Maybe a woman's place is in the kitchen," Finley announced that her recent victory in the Pillsbury Bake-off was the final step in convincing her to trade in her law books for cookbooks. by Betty Crocker The road to the bake-off finals was an exciting one for Ms. Finley. She took up cooking several years ago as therapy to help her deal with her stress filled teaching schedule. "Although I taught feminist theory" she said "I also believed that women should be able to fend for themselves in every way, including in the kitchen." Ms. Finley increasingly became more interested in cooking and took several adult education courses, including "The Basics of Kitchen Know-How," "French Pastry Made Easy," and "Down Home Cooking for the Busy Woman." The techniques she learned in these courses, along with much experimentation in the kitchen inspired her to enter some of her favorite dishes in county fairs around the state. Ms. Finley commented "I started out small, just entering some items I had canned, such as peaches and carrots, and some simple casserole dishes, such as macaroni and cheese. After I won a blue ribbon for my canned snow pea entry I decided to move into the competitive home baked pie arena. I came in second place at the state fair with my strawberry rhubard pie and that gave me the encouragement to work on a recipe that I could enter in the bake-off." Ms. Finley continued to pursue her teaching career while she traveled the county fair circuit, but became increasingly discontent and lost faith in the feminist theory she espoused. "I found I was most happy in the kitchen and doing housework; I loved sharing kitchen Black Forest Cherry Torte Elegante Cake 1-1/2cupschilled 3eggs 2tsp. baking powder 2-1/4cupscakeflour whipping cream 1-1/2tsp. vanilla 1-1/2cupssugar 1/2tsp. salt Heat oven to 350°. Grease and flour 2 round layer pans 8 or 9-1/2 inches. In chilled bowl, beat cream until stiff. Beat eggs until thick and lemon colored.Fold eggs and vanilla into whipped cream. Stir togetherremaining ingredients; fold gently into cream-egg mixture until blended. Fold into pans. Bake 30 to 35 minutes. Cool. stories with the other girls I met on the fair circuit." After toiling with many recipes she had developed, Ms. Finley was finally able to perfect one which she thought could take it all in the bake-offand that's exactly what the recipe did. Her "Black Forest Cherry Torte Elegante" won the local, regional and finally national rounds of the highly respected Pillsbury Bake-Off. When asked about the difficulties she had in developing the recipe, she replied that "I really struggled with the decision to use cake flour instead of all purpose flour, I kept going back and forth and finally settled with the cake flour, and frankly, that may be what won it for me." What now? "Well, I think I'm going to stick with teaching but in a different sense" Ms. Finley said. "I'm developing a cooking course entitled "Cooking To Get A Man" and I'm hoping to teach it at night as part of an adult education program. I'm also considering applying for a part time position as a high school home economics teacher but I don't want to work full time again. I want to stay in the kitchen." What about a repeat of this year's bakeoff victory? "It's only happened once before" she said, "so it's doubtful I could clinch it two years in a row, but I'm certainly going to try!" Cherry Filling 4Tbsp. cornstarch 4Tbsp. sugar 2 lbs. pitted dark sweet cherries, drained (reserve syrup) 2Tbsp. brandy flavoring Stir together cornstarch and sugar in small saucepan. Add enough water to reserved syrup to measure 1 cup; stir into sugar-cornstarch mixture. Cook stirring constantly, until mixture thickens and boils. Boil and stir 1 minute. Cool to lukewarm. Stir in brandy flavoring. Dip 36 cherries into thickened syrup; set cherries aside. To Assemble Torte In chilled bowl, beat 1-1/2 cups chilled whipping cream and 1/4 cup confectioners' sugar until very stiff. Place one layer ofcake upside down on serving plate. With decorators tube or spoon, form thin rim of the sweetened whipped cream around outeredge of layer. Fill centerwith Cherry Filling. Place other layer top side up on filling.Gently spread whipped cream on side and top of the torte. Grate 1/3 bar sweet cooking chocolate. Gently press the chocolate by teaspoonfuls onto side of thetorte. Place whipped cream in decoratorstube with star tip. Pipe border ofcream around edgeof torte. Beginning from center ofcake, outline individual portions in a spoke-fashion design. Place desired number ofreserved dipped cherries in each outline portion. Because of the whipped cream, torte must be kept refrigerated. April 4, 1990 The Onion 1 �Guild Moves In The "Right" Direction In a surprise move, the National Lawyers Guild has decided to merge with the Federalist Society. The name of the law organization is The Guild of National Federalist Lawyers. According to I'm Radical, a member of the former NLG, the merger was completed in response to the changing world scene. "If Gorbachev and Bush can get together to try to create peace, we felt a merger of the two organizations was the least we could do to contribute to world harmony." Status Quo, spokesperson for the former Federalist Society, viewed the merger as a benefit to both clubs. "We increase our membership," which Status Quo noted sometimes meant a Federalist member had to talk to himself at meetings, "and theschool gets to see far fewer clashes between the members of the two organizations." Dean Filvaroff reacted with glee to the announcement. Heralding the dawn of a New Age, Filvaroff hoped thatthe merger would eliminate his moderating Federalist Society debates and would allow him to once again eat California grapes. What the merger means for the policy and philosophy of the two groups has not yet been determined. Some members of both groups expressed reservations about some of the changes. I'm Reactionary, a member of the former Federalist Society, said that even the issue of attire DEAN SCHLEGEL CAUGHT TALKING TO HIMSELF IN THE HALL — is a problem, "We're used to the collared shirt and tie at our meetings. I'm not sure some of the older members will be happy withthetornjeansandtai dai bandanas." Che "Fidel" Smith, the 111, a member of the former NLG, raised the issue of organization, "Like wow, man, we're like used to a very open forum. Like, no president or anything like that. We don't like this hierarchy stuff. Like, it's too elitistand too bourgeoisie." Reaction of the student body was mixed. John Q. Normal hopes that the merger will signal the end of the übiquitous NLG table at the front of the library, "I hope that now I will not be assaulted each time I enter the library by some placard waving student who wants me to stop eating peanut butter, to sign a petition to end racial discrimination in Antartica, or to boycott quilts made by overworked Shakers." Andy Disestablishment expressed dissatisfaction with the merger saying that he rather enjoyed the tamborine and singalong sessions performed for FBI and JAG recruiters, "I hope the formation of this new organization does not signal the end of this quality entertainment.The law school lacks other activities for aspiring musicians." Although problems need to be worked out, the merger is set to go ahead next semester. Only time will tell what form the new organization will take. AGAIN! Anna Maria Nikander reported to the Opinion staff that she heard someone yell "SHIT!" at the top of his lungs. When she went to the hall the beleaguered Ms. Nikander was relieved to find that it was only Dean Schlegel on his morning constitutional. When she approached the Dean he simply stared at the wall and kept repeating "Dis is the most stupidest ting leverhoid! Contract law is dead." Fortunately Nikander was able to pacify the flustered Dean with a Snickers bar and a can of pop. MZ. SMITH HAS ANYBODY SEEN A GOOD MOVIE LATELY?!! REASONABLE MAN SEEN LEAVING KMART WITH ELVIS! Professor Janet Lindgren, while shopping for clothing, was diverted from a "Blue Light Special" by a surprise encounter with Reasonable Man and Elvis. An irate Elvis tried to take the last rhinestone shirt from the $2.98 rack, but the spunky Prof, managed to hold him at bay. An ugly encounter was narrowly avoided by Reasonable Man's timely intervention. Said an unflappable Mr. Man, "I only did what anyone would do in that situation." — DEAN DAVID FILVAROFF QUITS SMOKIING PHILIP MORRIS STOCK PLUNGES 5 POINTS! A shaken M. Fazeema petitioned the Securities and Exchange Commission to sanction Dean Filvaroff for failing to warn the commission of his disruptive action. "How could we anticipate such a precipitous fall in demand!" said a breathless Fazeema. Spotted in Wilson Farms buying lollipops, the Dean responded to Fazeema's accusations with a puff, a whistle, and a fart. ERROL MEIDINGER SUBMITS GRADES FROM FALL '78 Sue M. Awl, UB class of '81, a senior partner at Dewy Cheetham & Howl was delighted last week to find that she had receivced an "H" in Property I. "I've been a little worried by the contingent remainder question, but I felt confident on the landlord tenant question. After all," snickered Ms. Awl, "thanks to Errol's tutelage I've been evicting society's dead wood for almost a decade! Now if I can only get that seminar grade my transcript will be complete!" .. UB TAX PROFESSOR FOUND MOONLIGHTING AS PROFESSIONAL BASKETBALL PLAYER Boston Garden regulars were astonished to learn that star forward Larry Bird is in reality the famous tax professor Kenneth Joyce. Upon discovering the shocking truth, fellow Celtic Kevin McHale commented, "I knew something was fishy when Larry Urn I mean Ken, volunteered to restructure my condo deal as a sale-leaseback and save me thousands of dollars to boot, or something like that! It made sense at the time." Confronted by the cold hard facts, the superstar tax professor said cryptically, "I guess I didn't do the right dance. Next time, I'll be sure to slice the bologna the right way." SET THE RESUME ON FIRE - What UB Law "Team", (that is, Husband and Wife) were recently seen being detained by the Amherst police outside of Fuddrucker's Restaurant after they vigorously attempted to remove the decorative cow carcass from the display window? HINT: Alan Freeman was sporting Bill Blass' latest Bermuda shorts and tube sock outfit. (Update: Fear not, this dynamic duo was released with a warning and were then seen heading off to try their luck at Dahlkemper's). . Lou DelCotto, currently being investigated for alleged tax evasion was overheard talking on the telephone to the recently convicted Hotel Queen Leona Helmsley for legal advice. An April meeting is planned. Uh,... is this a deductible business expense? Better consult the Code on this one. ... ** * TIME OUT!!! Juvenile Law Prof. Chuck Ewing was spied upon spanking and reprimanding his young son, Ben at Toys-R-Us. It seems little Ben had his heart set on getting one ofthose hot, new VALIDATOR dolls (the anatomically correct kind). ** * Further north, at Boston's Fenway Park, our Isabel Marcus was seen at Bunting practice with the Boston Red Sox. Her only comment, "I was swept along cursing myself for wearing flip-flops. It's hard to run in flip-flops." Look out baseball fans! « QrW GO ALL THE WAY! .. Whilst searching out Volume 19 of the Cajun Law Review, I caught Librarian Marcia Zubrow eating a burger, shake and fries in the stacks. Her excuse: "I was hungry and have a lot of work to do." Unacceptable!!! Believe me law considering that students, this happens more than you think. Appalling silverfish crisis we hear so much about. . ** * Since his class voted not to have a final exam, they figured they may as well vote to cancel the rest of the semester too. So, Muhammed Kenyatta skipped out of town, sporting Ray-Bay Wayfarer sunglasses and resortwear. Whereabouts unknown. Don't worry, he left behind some due dates. .. While making use of the resources in the Career Development Office, I happened upon the JAG Corps dusty resume collection box; it seems that the last time they interviewed on-campus, one resume never made it to th e Center-For-Tomorrow: that resume was none other than that of David Filvaroff heard of him? Pretty impressive resume: Dave, a big civil rights man, has clerked for U.S. Supreme Court Justices Frankfurter and Goldberg; he was General Counsel, President's Counsel on Equal Opportunity in 1965, and he doesn't he know he's too OLD? is currently our Law School Dean . . yf . Due to the boycott. word on the g—vine says Jim Gresens is a little sour about the final exam fiasco. Be forewarned 3L's, this semester's New York Practice final will be brand new. Oh well. You win some and you lose some . Well, it's back to the barracks for me The Onion. ... stay tuned for my next colum .. BEST NON-SUPPORTING ACTORS: William Greiner and Steven Sample r Enemies* caxKwimnaucm 2 The Onion April 4, 1990 Released by Twentieth Century R» Rim Cap,, in �. New Testing and Grading Policy Announced In a surprise move, UB Law School Dean David Filvaroff announced a radical change in the school's testing and grading policy at a hastily called emergency meeting of law school faculty and administrators at 11:00 pm on Christmas Eve. Dubbed "The Wheel of Fortune" by its supporters, the new testing procedure provides for a grading system which requires each student to spin a giant roulette wheel in order to determine his or her grade in all lecture courses. Associate Dean Lee Albert stated that the new testing procedure was designed to interface with the new grading policy which will now be based on a modified version of the Dewey Decimal System in which there will be over three thousand gradation levels for grades instead of the current fourlevels (H,Q,D,F). "We not only eliminated competition at this school, we liquidated the competitor with this baby" Filvaroff said in directing a new course for the school in the 90s. Filvaroff touted the new policy (given the moniker "The El Nino Project" meaning Christ Child) as propelling the law school to a new high water mark in academic aquatics, while its critics deplored the program as a toxic waste-bed that is sure to stunt the growth of petunias this spring. Professor John Schlegel, when asked to assess the new plan, pondered the question for precisely 72.4 microseconds (there were no time limits placed on his response), plummeting to the cerebral depths of this vacuous issue before meting out his gauged response that "Pushing water uphill is a difficult job for everyone." A bright white light could be seen illuminating the faces of some of those who embraced these profound words and several faculty members later described a kind of 'out of body' Shirley McLean type of astral experience as a direct result of being enlightened by this penetrating insight. Echoing the words of Bullwinkle during his 'Mad Max' investigation, Schlegel pointed out that "Reality is definitely important, but we should not let it control our lives." Professor Jeffrey Blum, however, rebuffed Schlegel's comments, arguing that a more accurate metaphor would describe the new plan as "an alluvion gusher, pushing toxic wastes downhill, and contaminating the potable water table." But Schlegel countered that it was pure hokum to talkabout a "potable water table" in the Buffalo area. Blum conceded this point and both instructors adjourned the meeting until distilled water could be brought in to replace the pitchers of water on hand which had already burned several holes in the oakwood conference table. Associate Dean Lee Albert defended the plan by explaining the rationale behind the decision. "The old H/Q grading system," he said, "was arbitrary and capricious, but that isn't what bothered us. We wanted to emphasize the element of 'meaninglessness' in the equation in order to make it congruent with the highly time-constricted testing procedures at this school. In this respect," Albert said, "we have achieved consistency in our program while retaining fidelity to a longheld, cherished tradition." Professor Chuck Ewing criticized the testing plan because the "Wheel of Fortune" format usurps the authority of the instructors in doling out grades, thus undercutting the leverage that instructors traditionally utilize to force students to comply with rules against reading Batman comics in class. But Filvaroff bristled at this suggestion and pointed out that Ewing, himself, had frequently included Batman strips in his exams, even though he never discussed the complex issues involved in class. "Furthermore," Filvaroff retorted, "Ewing is missing the whole point of this policy revision. We are trying to put more control in the hands of the student. We want the student to be able to control her own fate. When she spins thatwheel and sees her grades and law school career flushed down the flume — she's got nobody but herself to blame. In this russian roulette approach, she perishes by her own hand." Filvaroffcontrasted this with theprevious testing format where the student watched her grades go down the tubes of the hourglass without being able to control thetime element allocated for the exam. Albert pointed out that "both the severely time restricted exam format and the Wheel of Fortune format accentuate the banal and thus are reliable indicia of a student's accumen in this important threshold area, but the new format puts the student 'at the wheel,' i.e., at the helm of her own meaningless fate. It's consonant with the social values of our time," Albert insisted. "The whole country is founded on its demonstrated preference for high speed, chase-scene bedlam and the roulette approach to decision making. The economy rests on harem scarem speculation in the stock market; we have Las Vegas, Atlantic City, Bingo Parlors in the churches. Lotto ticket machines on every corner, clearing house sweepstakes in the mail, astrologers in the White House, baseball idols moonlighting as bookies and mortgages which openly change hands after every pro football game," Albert was quoted as telling a group last month in a speech (confessional) he made to members of Gambiaholies Anonymous. "Life itself is more of a willy-nilly crapshoot than a clearly defined medium of logical outcomes, and the Buffalo Model represents a benchmark in raising the old standards to meet this new social perception. "We're just looking for high-speed automatons with 4 megabyte RAM cards, who are user friendly and who are adept at blathering boiler plate language to their advantage" Filvaroff told a packed meeting of computer operators at last year's programming convention. "We have tried to reduce the competition at this school," Albert said, "NOT because it creates negative, unnecessary, counterproductive anxiety. We believe it is part of the gauntlet, part of the 'rights of passage' to purge these bright-eyed, bushy-tailed young'ns of the last vestiges of naivete. We are against competition because it sets up an autonomous meritocracy beyond our reach. We want to choose who gets through and who doesn't" Albert told a group of puppeteers at a marionette convention last Fall. Referring to the El Nino Project, Professor Marjorie Girth decried what she called a policy which "lets the inmates run the prison." Girth refused to relinquish certian "instructor controls" which she insists are essential to the "efforts of the faculty to clear the decks of miscreants, gadflies, carpetbaggers and other like degenerate pedigrees who are identifiable by their inability to barf up a finished product in a single, heaving eruption during a nanosecond exam period." In response to her unflappable position, a special roulette wheel was constructed for her classes in which 23% of the grading slots are allocated to theD and F range of the new Dewey Decimal grading system and policy accommodations were made for her courses in which the student will be penalized 54 additional Dewey Decimal grade points for each microsecond that the roulette wheel spins beyond the initial 17 seconds allocated for the spin. "The real palpable, meaningful values in this profession are time, speed and money," Girth said. Time IS money. The only thing that matters after that is 'How much?' and 'How fast?' This bleeding heart esoteric gibberish about 'QUALITY' is pure drivel. Quantity is the cardinal value in this society, and the cornerstone of that value is 'SPEED" Girth told the SUNY Board of Trustees last summer in her bid to have the speed limit on Flint Loop raised to 120 miles per hour. Girth insisted that 37.5 lecture hours could be compressed in 17 second sound bytes, and she successfully convinced wavering committee members once they saw her throw down a melted pitcher of Buffalo .. 'drinking water' in a single gulp without showing any of the usual signs of lighter fluid poisoning (not even chapped lips). Girth told the committee, "Given sufficient time on an exam, everybody could perform competently and commendably, but that's not the point. The real question is, can they still hold the pen upright with 10 G's volting through their system like nitroglycerine in cuisinart?" Professor David Engel adopted a conservative approach to the issue, stating that the opponents have some interesting arguments, but so do the plan's drafters, but that research should be done to ferret out alternatives, but that this may not really be feasible because the issues are so complex, although the system may be unfair as it is, unless this seems unreasonable, in which case maybe the system is alright the way it is, considering the fact students are free to take all seminar courses in lieu of lecture courses, although this restricts the students' choices, but this may have good and bad points which must be weighed carefully and Engel stated in the final analysis that he was adamant and immovable in his position. Professor Isabel Marcus stated that although the new program was repugnant to a just mind and she was whole-heartedly deadset against it and she was repulsed right down to the marrow of her . bones, and incensed by its invidiousness, she would nevertheless support it joyfully and cheerfully, with a 'spring in her step,' like any good soldier and loyal patriot should in times of war and natural disasters. When confronted with the question of the program's 'possible' unfairness, Professor Alfred Konefsky replied "Oh, I never thought of that. I'll look into it. But as long as the system screws everybody over in an evenhanded manner, I don't have a problem with it." Professor Bob Berger refused to comment other than to say that he spent three weeks scouring theConstitutions of New York and the US, and he found no reference, whatsoever, to the term "Wheelof Fortune," therefore, the program is not unconstitutional." [This article expresses only the views of those who share these views and is not intended to represent the views of those who share opposing or different views. All rights are reserved for a table for two, with a $10 cover charge and a $20.00 minimum (and a 15 minute time limit). Any resemblances these fictionalcharacters have with any real life characters is attributable solely to the random probability tables expressed in thereductionist theory that the likelihood of two janusfaced jacks turning up back-to-back in a single exam period is infinitesimally small.) Candidate Noriega Is Most Impressive Yet Ehe faculty of SUNYAB-Law has made )ld move in its search for new profes> and has offered a position to deposed Panamanian leader Manuel Noriega, Esq., for the Fall 1990 semester. Mr. Noriega has tentatively accepted the offer contingent upor the creation of a prisor task-force clinic to be run with Brazil. Professor Erro Meidinger, a member oi theFaculty Search Committee, explained the new stance of the committee and the rationale behind Mr. Noriegaselection. "Lately, we've had trouble getting motivated in the realm of creative research. Many of (the faculty) felt that the law had become too restricting by keeping us within the limits of legality. Manny (Noriega) ought to shake things up a bit." Professor Meidinger explained Mr. Noriega's extensive experience in inter national law, immigration law, interna tional sanctuary, and fund raising. Whe asked how Noriega's arrival would affec him personally Mr. Meidinger replied tha "from now on all my vests are going t be made of Kevlar." He then excused him self to oversee the installment of bullet proof windows and a reinforced door in his office. Mr. Noriega met with students in the Albion campusand politely answered any question posed to him. Central to his teaching approach is the return of the whipping post and "an intensified 'Paper Chase' approach to the law." When asked about his preferred area of instruction, Mr. Noriega replied, "I'm into international cartels, empowerment advocacy and overripe tropical fruits." Mr. Noriega greeted his visitors in power camouflage pants and jacket ensemble, with black combat boots and his trademark sunglasses. When asked about the trademark of his sunglasses Manny replied, "I have a deal pending with Sunglass Hut, it could be lucrative." Outlining his basic requirements for coursework Mr. Noriega maintained the importance of "attendance, order, timely submission of required work, conformity to accepted standard as the venue to greater prosperity and no bills larger than $20." Mr. Noriega then gave a five-minute speech about the importance of noting whether or not "grade enhancement material" was received in consecutive serial numbered form. The reformed strong-man denounced on-campus recruitment by JAG Corps, Noriega greets UB Law supportersfrom the thirdfloor balcony of O'Brian Hall. the FBI, the CIA, and the Federal Witness Relocation Program. Eschewing any drink offered to him by his support group of blue-suited, sunglassed men, Noriega drank from a hip-flask filled with "rhetoric inducing substances." He digressed to give a short speech on the bleak future of America if the Drug War is allowed to continue and supported his theory with references to global economics, international banking, agriculture, farmer subsidies and a high oat-bran diet. Mr. Noriega finished his interview with the students by making a plea for the "law students of America, unite! You have nothing to lose but your change." Dean Filvaroff expressed confidence that Mr. Noriega would be received kindly by the students and faculty at the school. Filvaroff described Noriega as a "unique civil libertarian with a new twist to American legal theory." Dean Filvaroff declined to comment on Noriega's salary or upon the institutional effect the new faculty member will have at SUNYAB-Law. "We'll have to wait for the Gourman Report before anything definite can be said." Mr. Noriega's resume is classified and may not be seen in room 318. April 4, 1990 The Onion 3 �. .. Separated at Birth In the tradition of SPY Magazine Associate Dean Philip Halpern Prof. Louis belcotto Prof. Mensch Prof. Virginia Leary Prof. Freeman Prof. Meidinger Prof. Swartz .yB Law Faculty "separated at birth" Sam Donaldson Raymond Burr The Scarecrow Eleanor Roosevelt The Cowardly Lion Sherman Hemsley Panic Sets 1n... Dean Swears He Will Raise Bar Pass Rate... Dean David Filvaroff is really committed to raising ÜB's Bar Pass Rate which is currently in the 50 percential range. "By golly, this has got to work!!" This referenced exclamation is because the Dean has approved a plan to send subliminal messages to the entire law student body during their three year stint at ÜB. All law students will begin to hear messages as they daydream in class, eat bagels in the walk-a-way cafe, read The Generation in the Law Library, study in carrels, sit in (or in front of) the Law Library or are present anywhere in the law school. .. The SUB-LIME Corp. which sold the package to the Dean had great success trying it out on ol' Dave himself. Responding to the subliminal messages of "Buy me buy me" the Dean committed to a three year trial period package. So as not to waste it away the messages will begin today! So ... listen up in lectures and throughout the day for these sample messages: For former section three Third years: you'll pass "Forget about CONTORTS the bar. ." For all First years: "You will get Q's and like them ..." For Corporations and Wall Street stugreed dents: "You deserve to be rich is good and you will pass the bar." .. .. .. . .. For Debtor/Creditor students: "You may not pass this course but, you will pass the bar.. ." In Carr's Evidence class: "Study evidence(again) and you will pass the bar." In front of the library: "You deserve to be a lawyer. you will pass the bar." In Human Sex seminar: "You may be but you will pass sexually frustrated the bar. hang in there." For Lou's Tax students: "Tax is not on the bar... so you will pass the bar.. ." To students in the Early Bird Bar Review Sessions: "What are you doing here??!! You will pass the bar. .." Local department store owners, employers and sex therapists rave about the success subliminal messages have in their respective areas. "Subliminal messages have cut down on shoplifting, raised the level of employee productivity and boosted lots of sex drive so why shouldn't UB Law Students benefit from them too?" said an enthusiastic Dean Filvaroff. Word has it... that Pieper and Bar/Bri in theirtrue corporate way are also marketing individual totable BAR REVIEW "walkmans" for the subliminally anal law student. And, even more exciting, Audrey Kosielniak is having special subliminal "Don't messages in the CDO office panic you will find a job someone you will find a job ." will hire you .. . . ... ... . . . . . . . .. . .. .. Professor Carr Brought In On Polyester Charges On April 1, 1990, local police illegally searched the home of Professor Charles Carr and seized twenty-four polyester suits. The Buffalo Police Department has alleged that Professor Carr received these suits as a bribe from the K-Mart stores President so that he would appear on nation wide television as their polyester spokesperson and design advisor for 1989. Professor Carr has received a letter from the Dean of Howard University (his alma mater) threatening to revoke his degree. "Howard University is surprised and horrified that one of our distinguished graduates wears polyester," stated the Dean. The Buffalo Law School faculty believes that Professor Carr is underpaid and has offered to buy him a new wardrobe and patio doors. by Polly Esther Professor Carr's bail has been set at $200,000 dollars and he is scheduled to be arraigned on May 20,1990. Unfortunately, the Law School will be conducting Dean Filvaroff, the Law School faculty and other prominent community officials are outraged that a member of the faculty was arrested and denied his fourth amendment rights against illegal searches and seizures. The University has scheduled an emergency meeting to discuss whether Professor Carr should accept K-Mart's lucrative offer. Because of the embarassing publicity, its graduation and the professor will have no available moral support. Nonetheless, he will be appearing on the Geraldo show to discuss the upcoming trial. "I am not a polyester fan and I won't make any further statements without my attorney being present," said Professor Carr. Join The Surgeon General C. Everett Koop Fletcher Lee Fan Club Prof. Fred Konefsky Activities To Be Discussed At The First Meeting Include: Captain Kangaroo of Fletcher • Auction Lee's Wardrobe for Charity including the famous Italian Loafers Prof. Janet Lindgren Martina Navratilova • Seminaron getting into the large law firm IflS * * John Licata, Pres. Errol Meidinger, Honorary Vice President Prof. Olsen 4 The Onion April 4, 1990 Ed McMahon jm Our Hero � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1990-04-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 30 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/4/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c41295727d4ff85159d4b893e69b3219.pdf 49b897a68490cf079779cd544107aa5f PDF Text Text Civil Rights Leader Haywood Burns to Speak at 1990 Commencement The Commencement Committee is pleased to announce that the 1990 Commencement keynote speaker is Dean Haywood Burns. We feel honored to be addressed by a man with such an impressive background in the field of law. Haywood Burns is a graduate of Yale University Law School (1966) and Harvard University (1962), and was a Harvard scholar-in-residence at Cambridge Unviersity (1962). He is presently the dean of CUNY Law School. At his inauguration, he was acclaimed by Dean Calabrese of Yale Law School as "a genuine scholar with a passion for justice and innovation." Dean Burns' extensive accomplishments and contributions to the field of law reveal this description to be quite an understate- Counsel to the NAACP Legal Defense and Education Fund. In 1971, he headed the Attica Brothers legal defense after the ment. Haywood Burns became intensely involved in the civil rights movement very early in his career. In 1968 Burns served as Chief Counsel to the Poor People's Campaign which was the last project organized by Dr. Martin Luther King. From 1967-69 Dean Burns served as Assistant Dean Haywood Burns prison rebellion. Dean Burns is the Vice President of the Center for Constitutional Rights. He is currently a member of the Emergency Civil Liberties Committee and the National Institute for Citizen Education in the Law. Dean Burns served in leadership positions in many organizations and agencies within the law, including Director of the National Lawyers Guild, the U.S. Civil Rights Commission, New York Lawyers for the Public Interestand theU.S. Department of Defense Civilian/Military Task Force on the Administration of Military Justice. Dean Burns has been honored with awards which recognize his dedication to addressing and improving social conditions in society. In 1985, he received the Human Rights Award from Bronx Community College and in 1986 he received the New York CivilLiberties Union Fiorina Lasker Award. Also in 1986, Dean Burns received the Prisoners' Legal Services of New York Award. He received the Malcolm King College Presidents Award in 1983 and in 1985 Dean Burns was honored with the Civil Rights/Human Rights and Ordinary People's Rights Award. Dean Burns has directed a great deal of his energy to the black and minority communities. Mr. Burns has served as director of the National Conference of Black Lawyers from 1970-1973. He is a member of the Puerto Rican Legal Defense Fund and the Asian-American Legal Defense Fund. Dean Burns is a member of the Council on Church and Race and was general counsel for the Coalition of Concerned Black Americans. Mr. Burns was awarded the Black Americans Law School Association Service Award in 1980. Dean Burns has authored The Voice of Negro Protest in America. This work was published in French, Spanish and Danish. He has written extensively in legal and scholarly journals on such topics as Racism and the Law, the black prisoner as victim, African penal systems, the black bar and the rule of law in the South. Dean Burns held professional positions at New York Law School, New York University Law School and CUNY Law (continued onpage 3) THEOPINION Volume 30, No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 21, 1990 Professor Wade Newhouse Recipient of the 1990 Jaeckle Award Professor Wade Newhouse was presented the 1990 Jaeckle Award at the 14th Annual Alumni Convocation, held March 10, at the Center for Tomorrow. The Jaeckle Award is named for alumnus Edwin Jaeckle, UB Law Class of 1915. The Award is the highest honor given by the Law School and the Alumni Association. The Jaeckle Award is given annually to an individual who has served the law school and has advanced the legal profession. cation in New York State," and "Law and Education of Handicapped Children in New York State." He also teaches con- Filvaroff, David Parker (President, Law Alumni Association) and Professor Marjorie Girth took part in the presentation by Maria Schmit Staff Writer Professor Newhouse was selected for his 32 years of outstanding service to the Law School. In addition to teaching, he has heldvarious administrative positions. Professor Newhouse has served as Dean, Associate Dean, director of the Law Library, and director of the Edwin Jaeckle Center for State and Local Government. He is credited with starting the Education Law Clinic. An expert in Education Law, Professor Newhouse teaches School Law and has published "Law and Public Edu- Dean David Filvaroff and Professor Wade Newhouse stitutional law and public employment of theAward during a luncheon in Profesand collective bargaining. sor Newhouse's honor. All praised Professor Newhouse for his commitment to Provost William Greiner, Dean David Phillips, Lytle Offers Minority Scholarships There has been much recent attention to the fact that there are not many minor- ity lawyers working in Buffalo. Last month, Buffalo law firm Phillips, Lytle, Hitchcock, Blame & Huber took a positive step towards correcting this racial imbalance when they announced the creation of two new minority scholarships through the law school. by Lenny B. Cooper Staff Writer Beginning in the fall of 1990,the annual scholarships will be offered to minority students entering their second year of law school. Based on merit, financial need and commitment to Western New York, the scholarship will cover a substantial percentage of the students' tuition for their second and third years of law school. In initiating this pioneering effort, the first by a Buffalo law firm, Phillips Lytle Managing Partner Bob Greene commented "We hope that the scholarships will not only benefit the individual recipients, but that over the years they will help to enrich our community by encouraging minority lawyers to stay and work in Buffalo." Greene mentioned that he believed that the main reason why there are so few minority lawyers in Buffalo is that there is a proportionately higher demand for minority lawyers in cities biggerthan Buffalo. Greene felt that many students perceive the opportunities in these cities to surpass those of Buffalo. Green cited Phillips Lytle's concern overthe size of the minority bar in Buffalo. Those sentiments were echoed by Law School Dean Filvaroff who added "By establishing this scholarship, Phillips Lytle demonstrates its commitmentto Western New York and its desire to maintain a strong minority bar in our community. It is highly commendable that one of Buffalo's most prominent firms is helping our law students in this way. I hope other law firms follow their fine example." Around the law school, the Phillips Lytle scholarship was greeted with praise. "It's a good start", said Andy Madrid, presi- dent of the Asian/American Law Student Association. However, Madrid emphasized that he felt that this was only a start. Madrid suggested that law firms might help minority students by offering them jobs, rather than money. In commenting on the perception of some minorities of the Buffalo law firms, Madrid mentioned that there is a feeling by some students that minorities do not have a good chance of being hired by Buffalo firms. This feeling is expressed by a lower number of applications to such firms. Madrid felt that such positive actions, as Phillips Lytle's scholarships, will help to change these perceptions and improve the situation. The scholarship was described by Bob Greene as having "no strings attached". It is, however, limited to second and third year students. Greene explained that this was because Phillips Lytle wanted to ensure that the students chosen for the scholarship had demonstrated the ability and commitment to succeed in law school. the law school and the work environment. Professor Girth thanked Newhouse for working for equality of opportunity for staff, faculty and students at the Law School. Professor Jacob Hyman, who unfortunately was unable to attend, sent a letter stating that one of his greatest contributions to the Law School was recommending Wade Newhouse for a faculty position back in 1958. Upon receiving the award, Professor Newhouse reminiscedabout the past. Before leaving for Michigan Law School in 1948, Newhouse had the opportunity to attend the Republic National Convention in his home state of Tennessee. Edwin Jaeckle was Republican candidate Thomas Dewey's campaign manager. (Earl Warren was Dewey's Vice President candidate.) Receiving the Jaeckle Award brought back memories of sitting among the masses of people at the convention. Professor Newhouse also spoke a little about the tradition of the UB Law School. He stated that since World War 11,the UB Law tradition has been concern for improving ways of educating law students. In educating, theory of law should not be divorced from practical application. Newhouse stressed that law and the profession of law serve our society in many ways. The UB Law School faculty and alumni have responsibility for maintaining the quality of the legal profession. UB Law students, faculty and alumni must work together to improve the quality of theLaw School, the nation and the world. Prior to the presentation of the award there was a morning-long symposium on "Marriage, Divorce and Death: The Impact on Business and the Professions." HIGHLIGHTS Veteran Peter Mahoney speaks on the plight of Vietnam veterans who protested the war page 3 Former student and faculty panel discuss public service page 4 .... . Grade chart for fall 1989 page 9 �Bt m^ b£ —-^m^—■ P"/ ■ ;' " f>. ;•■ --. .v,vvli\ t f. bT Bβ!' , • * \ '• V ■ • ■ " ■••¥?. dH \ " * ' •>• '%L I :■ • me-:- •-.'•*«lj. H', " ,' BT ... bhb^ *' *H bF' • •'• .tl'r '"" 1 IhE ■V———— Z- m 1 1 \\V \a ' '< S 1 & bbl ■■&* WEWANT ASA PIEPER MEW YORK BAR REVIEW REP! For information contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 2 The Opinion March 21, 1990 • Telephone: (516) 747-4311 �.. Vietnam Veteran Recounts Sad Epic In American History From patriots to traitors, from integrated citizens in society to isolated social pariahs that was the strange story of the Vietnam Veterans who opposed the war in Vietnam. The catalyst for opposition to the War in Vietnam was different for each veteran, but the double-edged rejection by the country that they served was a common theme. They were initially spat upon by anti-war protesters upon surviving the rice paddies; they were persecuted and prosecuted by the government that they served when they permitted their own individual consciences to reappraise the war as an unjust and unjustifiable mercenary exercise. This was the tale of irony told by Peter Mahoney Tuesday evening (March 6) in Vieta talk entitled: "WAR AT HOME nam Veterans Against the War." Mahoney still did not have strong antiwar sentiments when he returned to the states in March 1971. He was trying to Mahoney was arrested for the first time in his life that night. In 1972, Mahoney became more in- Ros Milch Spectrum! The of courtesy — Phot by Gary B. Ketcham Staff Writer Peter Mahoney At the age of nineteen Peter Mahoney assumed his civic duty and joined the U.S. Army, prompted by the U.S. defeat in the Tet Offensive in 1968. Intending to join the airborne unit, Mahoney ultimately went to Vietnam as a Senior Advisor, counseling the South Vietnamese military. That was in March of 1970. Mahoney typified the profile of a good soldier. Whatever personal feelings he harbored about the War in Vietnam he put aside, and he executed with diligence and fidelity in his capacity as a U.S. soldier. One of the turning points for Mahoney came when 29 South Vietnamese soldiers which he had just helped to train, many of whom he had become very close to, left to join the North Vietnamese Viet Cong. Mahoney recalled thinking about the gravity of what they had done, i.e., voluntarily choosing to oppose the awesome military power of the U.S., and he remembered asking himself, "Who am I, as an American, to tell them that they're wrong?" sort it all out, hovering in the penumbra, intrigued by the peaceful anti-war protests of several Vietnam War veterans. It wasn't until the government turned against those who had risked (and often lost) life and limb that Mahoney and many other Vietnam Veterans became immersed in a cause. In attempting to exercise their free speech rights to express their own conscience, a right which they had supposedly risked their lives to preserve, they were threatenedwith prosecution and imprisonment... a threat which the government attempted to deliver on repeatedly. The true breaking point came when Mahoney and other Vietnam Veterans were told they could not march in a Veterans Day parade, and they'd be arrested if they tried to "walk anywhere as a group" that night. Mahoney recalled the irony of that edict: "I mean, here I was, my first Veterans Day back from Vietnam, and they're going to arrest me for trying to march in a Veterans Day Parade." volved with the organization, "Vietnam Veterans Against the War in Vietnam (VVAW)", and it was out of that involvement that he and seven others came to be indicted by the U.S. government, in July 1972, for conspiracy to incite a riot at a public convention (the Republican National Convention, which was still a month and a half away at the time the indictments were handed down) in the now famous "Gainesville Eight" case, which coincided chronologically with the Watergate incident. Ultimately all of the defendents were acquitted, but Mahoney pointed out that, in the end, the government had won. The government had won because the primary purpose of the persecution of the Gainesville Eight was to divert and deplete the resources of the VVAW and disintegrate the organization. This is precisely what happened, although the VVAW exists today in a substantially different form. What Mahoney related to a riveted au- Hayward Burns School. He was a visiting professor of law at Buffalo Law School from 1974-75. Burns served as chair of the Urban Legal Studies Program at CCNY from 1977-1978, and also held the positions of provost and dean for the Urban and Legal programs at CCNY. Dean Burns currently is active in a variety of public interest groups such as the National Prison Project, the New York City Criminal Justice Agency, the National Employment Law Project, the Lawyers Committee for Nuclear Policy, the National Coalition Against the Death Penalty, and the Community Service Society of New York. Mr. Burns was Director of the Max E. Wade Newhouse Ros Spectrum/Mih The of courtesy Phot , On March 1 7990 over 60 UB law students united to protest the alleged racial practices of the Amherst police. Second-year student Sharon McKenzie, organizer of the protest, had previously been subjected to questionable practices by the Amherst police. Various legal experts spoke on related topics. Robert Moriarty (Moriarty & Condon) presented a hypothetical case involving a long term marriage, unfaithful spouse, possible divorce, property, stocks, and pension plans. Other presenters used the hypothetical case to expand on specific areas of law involving consequences of marriage, divorce and death. Paul Birzon, adjunct professor of law and practicing attorney (Birzon, Zakia, Stapell, Olena & Davis) and Joyce Funda (Funda & Munley) discussed "Marital Property: Basic Concepts." Marital property is defined by the New York State Domestic Relations Law Section 2368 as "all property acquired by either or both spouse during the marriage." When couples divorce the property must be valued and divided, unless the parties have opted-out. (Opting-out allows parties to make their own contract and disregard the statute.) Some property is intangible, such as a professional license acquired during the course of marriage, or a pension plan that will not come due for decades (providing the pension holder lives that long). Although New York State has progressive property distribution, it is still difficult to valueproperty and to equitably distribute it. George Zimmerman (Albrecht, Maguire, dience was a chilling story of scars heaped upon scars, governmental abuse of power, best friends falsifying testimony against best friends, and governmental attempts to squelch the free expression of conscience through manipulation of the legal justice system. For many, the indelible mark left by the images that he drew was one of Constitutional defilement on a grand scale. Mahoney highlighted the point that the costs this government can exact from those who seek to exercise and preserve their Constitutional rights nearly succeeds in muting the real value of those rights. Not only did Mahoney describe a governmental ability to chill the future exercise of these inalienable rights, but he also described a perennial government capacity and tendency to achieve a kind of 'temporary injunction' against free speech merely by caviling bogus charges against those who exercise it. This in turn resulted in massive, complex litigation of the gravest sort, in which innocent persons become desperately embroiled in the struggle of a lifetime, fighting not only for the right to express opposing views, but fighting also to preserve their very freedom. And if this wasn't frightening enough, it was helpful to remember this much. All of this occurred without a single shot being fired, without a single amendment to theConstitution being passed, and supposedly, without a single law being broken or a single "right" being violated. Mahoney described government conduct that was all part of its notion of 'business as usual', and the present record indicates that there are no political mechanisms to discourage further abuse. Nor are there legal constructions to prevent it from happening again, wheneverthe next ideological zealot seizes the reigns of power in this country and happens to decide that the 'noble' ends justify the means, notwithstanding the Constitution. . from page 1 and Filomen M. Greenberg Center for Legal Education and Urban Policy at CCNY. He served as law clerk to the Honorable Constance B. Motley, U.S. District Judge, upon graduation from Yale Law School. CUNY Law School was established in 1983 to develop innovative approaches to legal education and to bring underrepresented groups into the legal profession. The particular concentration at CUNY is to train lawyers for public interest work. Burns taught at CUNY Law School from 1984-1987,and was named Dean in 1987. He was formally inaugurated in September, 1988. CUNY Law School's motto is "Law in the Service of Human Needs." from page I Heffern & Gregg, P.C.), Anne Evanko (Hurwitz & Fine, P.C.) and Gayle Eagan (Jaeckle, Fleischman & Mugel) led the second part of the program on "Business and Estate Planning." Among the issues touched upon were consequences of lifetime gifts of stock, gift tax exclusions, and methods of distributing pension benefits upon divorce. The speakers also discussed equitable distribution of stock upon divorce and the effect of buy-sell agreements (where a stockholder must first offer to sell stocks to shareholders before selling to outsiders). Another important issue addressed is the effect of bankruptcy upon property settlements, alimony, child support and maintenance is protected, therefore not dischargeable.) Kenneth Joyce, UB Law Professor and Director, New York State Law Review Commission concluded the symposium with the final session on "New York Compared to Alternate Systems." He discussed the Legislative Proposals for a Revised Uniform Probate Code and Uniform Marital Property Act. These proposals would help take care of inequities. Professor Joyce called divorce an "Island of Equity in a Sea ofTitle." The "sea of title" exists before the divorce; the "island of equity" comes about only after the divorce is granted. March 21, 1990 The Opinion 3 �Graduate Amy Tobol and Faculty Panel Discuss Public Service Two public service oriented discussions were presented on February 27, 1990. The first, sponsored by the Human Rights Center and the International Law Society was titled "Public Service As a Career: Internationaland National Opportunities" and featured U.B. Law School graduate and Assistant Director of Placement at N.Y.U. Law School, Amy Tobol. The second featured a panel discussion on the experiences of four Law School faculty members at a Critical Legal Studies (CLS) Conference in California. by Donna Crumlish, Editor-in-Chief and Mary Clare Kane, StaWirteStaff Writer AMY TOBOL Amy Tobol is a 1983 graduate of the Law School and returned to discuss her experience in public service since gradu- ation. Ms. Tobol stressed the importance of being active in student groups, and she shared her experience as a member of the National Lawyers Guild during herlaw school days. She emphasized how her association with a student group, the NLG in particular, has aided her in her search for employment since graduation. Tobol also emphasized the importance of "schmoozing." Schmoozing at symposiums, conferences and other social arenas helps one establish contacts and leads not only to professional relationships but jobs as well. She recommended that those in attendance brush up on the art and skill of schmoozing. Above all, Tobol said that one must perservere. As placement director at New York University, she is continually amazed at how early law students begin their job searches. Often students overlook their long term employment goals/ ideals in the hunt to land a job before graduation. "It is important to be true to yourself and your goals and not to accept the first job that you're offered" said Tobol. "Your first job is not your last job, nor is it your career per se." In her seven years since graduating from law school, Ms. Tobol claims to have had almost fourteen jobs. She related her experiences to days of unemployment, part-time jobs and scarce dollars, but claims her legal experiences since graduating have molded her into a better person and lawyer and led to her present career. PANEL DISCUSSION The panel discussion which followed featured faculty members Peter Pitegoff, Louis Swartz, Lucinda Finley and Errol Meidinger discussing their impressions of "The New Public Interest Law: Strategies for Revitalizing Legal Activism in the '90s" Conference at New College Law School in San Francisco. The Conference featured panels and workshops dealing with varying topics including labor law, legal services, sexuality, family law and community economic development. Ms. Finley had a positive overall impression from the conference, "The conference did a particularly good job of bringing in as speakers and educators of lawyers and law students, community activists and other members of the varying communities that public interest law is supposedly designed to serve." Along with the Community Development panel which Ms. Finley left to Mr. Pitegoff to discuss (Mr. Pitegoff headed up this panel), she also attended a labor law panel and a panel titled "Sex, Sexuality and Family Life." One of the principal speakers at the labor law panel was Kris Rondeau one of the principal organizers of the Harvard Union of Clerical and Technical Workers, AFSCME. Ms. Rondeau felt that labor unions need new concepts of organizing if the labor union is to survive. She criticized the traditional model of labor organizing as a "theory of the most oppressed worker" which appeals to the worker by organizing them against the employer rather than organizing around issues of "power, participation and democracy." Ms. Finley said that as she listened to Ms. Rondeau's presentation she realized that "the assumptions of labor law and labor lawyers are not actually responsive to the changing needs of thework force." The "Sex, Sexuality and Family Life" panel was about how gays and lesbians who are parents are challenging the traditional conceptions of family and family life. Lawyer Roberta Achtenberg of the National Center for Lesbian Rights was one of the panelists and she commented on the heap of challenges faced by lawyers representing gay and lesbian clients in custody disputes. On the one hand, as a political goal the sexuality of the client should be put up front but in trying to fit into the traditional legal framework you have to de-sexualizeyour client by portraying the client as the perfect parent. Professor Swartz was the second panelist to speak and provided a bit of humor to the discussion when he commented that the conference was his first Critical Legal Studies conference as he had previously "pursued an uncritical path and not used my mind at all for anything critical." Professor Swartz commented that he enjoyed hearing from the public interest practitioners at the conference as he had practiced at a Legal Aid Society in New York City and found it to be one of the most satisfying jobs he had held. The participation of these types of practitioners gave the conference a quite different feeling from that experienced in the more traditional academic conference. Professor Swartz commented on one of the introductory workshops in which New College faculty member K.C. Worden spelled out the "social destruction of knowledge" perspective which espouses that ways of thinking are developed as a result of social processes and students become a product of social conditions and historical events. A gentleman in the audience challenged Ms. Worden when he commented that Critical Legal Studies is not practical in legal services litigation. He said that "it's difficult enough to get judges to apply statutory cubby holes with which they disagree without telling them that it's all a mirage." After briefly discussing several other panel discussions which he attended and commenting that he found the conference "a very stimulating and replenishing gathering," Professor Swartz turned the discussion over to Professor Pitegoff. Mr. Pitegoff began by commenting that "there is a very conscious attempt on the part of a lot of people involved with CLS to build bridges with practical organizing efforts." This is reflected in the panel which he led, community economic development and he admitted that "I was hauled out at this conference as an example of 'a bridge." Mr. Pitegoff then went on to describe what he talked about in his panel. "I talked about some of the work that I do now in the clinical program as well as some of my past work, primarily with organizing worker owned business." He talked specifically about two examples of worker owned business: Cooperative Home Care Associates in the Bronx and Southside Steel of Pittsburgh. The Cooperative HomeCare Associates is a home health care company of about 175 workers most of whom are poor minority women. The workers own the business, elect the board of directors and share in the profits. The explicit goals of the creation of the Association were job creation, influencing health policy and empowering people. The Cooperative Home Care Associates managed to push up the average wage scale in the area and assist in stabilizing the work force. Southside Steel of Pittsburgh is a corporation in which the participants are trying to start up a steel making operation and reclaim the industrial base in Pittsburgh. The vision of Southside Steel is broad, hopefully someday encompassing a worker owned steel mill. The project, however is large and capital intensive and will probably be difficult to accomplish. These two examples were used to show how community economic development can be more than isolated events and to demonstrate the way that corporate and finance law can be restructured to benefit community organization efforts. Mr. Pitegoff said that the panel he was a part of was "representative of the flavor of the conference which was to look at concrete examples of happenings in the real world." Professor Meidinger felt the conference was symbolic of the new movement in Critical Legal Studies. Previously, Meidinger felt CLS was focused on challenging the dominance of the traditional theories ofthe law inside the law schools. Initially the attack was on legal scholarship and the tools of the attack were (continued on page 10) Bar Review Scholarship Announced The Buffalo Public Interest Law Program recently announced the recipients of the 1990 Public Interest Bar Review Scholarships. They are Martin Sanchez Rojas and Larry Wood. by Chris Thomas The bar review courses, donated by Kaplan-SMH, are designed to alleviate an aspect of the financial burden faced by students entering public interest law. They are also intended to reward outstanding public interest students for their dedication during their tenure at UB Law and beyond. Mr. Sanchez Rojas earned undergraduate and graduate degrees from SUNY Albany prior to enrolling at UB Law. While at the law school he has been an active participant in the Legal Assist- ance Program. In that capacity he has worked with immigrants and refugees seeking asylum in the United States as well as a variety of other immigration related issues. Summer employment has included theMexican-American Legal Defense and Education Fund in Washington, D.C. and the Volunteer Lawyers Project of Erie County. Mr. Wood earned his undergraduate degree from Connecticut College. His summer employment has included constitutional litigation experience with the Civil Liberties Union of Alabama and the Mental Health Law Project in Washington, D.C. Mr. Wood has accepted permanent employment with the Legal Assistance Foundation of Chicago. Sanchez Rojas and Woods were selected by five members of BPILP who comprised the Scholarship Committee. Faculty and Students Discuss JAG Situation A very important discussion on the issue of discrimination took place between law faculty members and concerned students Friday, March 2. Members of the National Lawyer's Guild and other groups requested a slot on the agenda at Friday's law school faculty meeting. They hoped to exchange ideas with the faculty on a proposed course of action in response to the Judge Advocate General Corp's surreptitious recruitment efforts of February 12. The controversy surrounding JAG has arisen from its stated policy of discrimination against lesbians and gay men. A scheduled appearance before the faculty by Lance Ringel, the Director of Cuomo's Office of Lesbian and Gay Concerns under the Division of Human Rights, failed to take place due to the faculty's crowded agenda. Ringel's office was created in order to enforce the governor's Executive Order 28.1 by Andrea Sammarco The list of recommended actions presented to the faculty for consideration included the endorsement of a resolution which requires the CDO to inform the student body of an employer's stated policy 4 The Opinion March 21, 1990 or history of discrimination. Also, the students requested the faculty to issue a statement "alleging that on February 12, 1990, the University of Buffalo acted in direct violation of Executive Order 28.1 by providing services to the JAG Corps," and a reaffirmation of "the faculty's efforts to include sexual orientation in the University's Anti-Discrimination Policy." A copy of the proposed resolution was handed out to each faculty member present. Approximately twenty faculty members were on hand to listen to a presentation made during the meeting by NLG members Mark Schlechter and Terry Mayo. Schlechter explained the need for the faculty to clarify its position in regards to the JAG issue, in light of the fact that certain students who feel discriminated against by the actions of the school on February 12 are contemplating the filing of a complaint with Ringel's office as a result. Schlechter indicated that Ringel's office "would be very receptive" to a complaint filed by students against the school, and that "no specific student was required" to file the complaint. However, Mayo said that "there is no indication from the governor's office" on how Cuomo would react to such an interpretation of his Executive Order. Terry Mayo, a first-year law student, spoke to the faculty as a representative of a portion of the gay and lesbian community at the law school, eloquently describing the "feelings of betrayal" generated in that segment by the actions of the administration of February 12. In support of the recommended actions, she at one point stated, "We're hurt, we're afraid, and we need your help." Faculty members were supportive of student efforts, but also revealed doubts about the chances of success by taking a hardline stance on the issue, especially if it would place them in opposition to Sample's office. Professor Jim Atleson brought up the point that "the Board of Trustees at the University of Wisconsin reversed the faculty on a similar question." Professor Marjorie Girth, upon learning of the administration's actions on the 12, said that she was "absolutely furious", stating, "I hope this is not the end of this. These complaints could be filed against all of us." Professor Lou Swartz spoke in favor of the student proposals, but expressed concern about the recommendation to require the CDO to place explicit warnings in its newsletters, stating that this might put the school in a position of compliance with JAG's discriminatory policies. He suggested that the requirement beamended by the additional statement that the law school only allows employers such as JAG on campus "under protest". Other faculty hoped to elicit a response from the SUNY Board of Trustees concerning the matter, as well as the American Association of Law Schools. TheAALS has recently amended its bylaws to require that member schools inform visiting recruiters that they are not allowed to discriminate on fthe basis of sexual orientation. The faculty ended the meeting by voting to endorse the modified CDO policy, to reaffirm its position on sexual orientation discrimination, and to revive the Faculty Anti-Discrimination Committee, in order to facilitate future cooperation on the issue between faculty and students. This committee, which was established last year, consisted of Ken Joyce as chairman, Elizabeth Mensch, Alan Freeman, and Lou Swartz. Freeman subsequently resigned in symbolic protest of the law school's inactivity, after Sample's rescinding of their faculty resolution. �Grading Policy Forum Doesn't Make The Grade The H/Q grading system doesn't seem to arouse much passion within the Law School. At least that was the message sent out by a poor turnout for the wellpublicized Grading Policy Forum held on March 1 in rm. 108. by Bruce Brown The Forum was more of a debate between two students, each arguing for al- ternative grading systems, and a less than enthusiastic Dean John Henry Schlegel who said "I'm not about to defend the system; it's the system." Explaining the contradiction between his apparent distaste for the Grading Forum and the fact that he bothered to attend. Dean Schlegel noted that a friend had chided him that it was foolish to even be at the event, his reply was "hey it's my job, this is what I get paid to do." Schlegel's lack of enthusiasm was matched by the 15 students that attended the event. Almost nobody seemed to support switching to either the traditional grading system, as proposed by 2L Gary Ketcham, or the pass fail system as proposed by 2L Mark Steiner. The thrust of Ketcham's argument for the traditional system was that the H/Q system confuses employers who are unable to translate our grades into "traditional values," reducing the ability of U.B. Law grads to compete for jobs. He further argues that the legend which accom- panics all transcripts "defines the Q as a C in no uncertain terms." Ketcham quotes this definition as "Q Qualified Professionally qualified work within the normal range of performance." This lack of respect for the Q, he continues, ironically "creates an 'all or nothing' skirmish for the 'all important' H grade"; instead of alleviating grade competition as was intended, the H/Q system "ratchets up competition." The result is an "elitist structure" with "an artificially large gap between the designated 'stellar performers' and the rest of the student body." Mark Steiner promoted the Pass/Fail system as a means to reduce pressure on students suffering under an H/Q system which places them in an unnecessarily — competitive environment. This would allow students the freedom to search out alternative learning environments and distinguish themselves and their work product. Dean Schlegel's contribution to the discussion was by the way of a short history, which noted that the grading system was the product of "flower children" days which produced a Faculty compromise between a Pass/Fail system and traditional grades. "Any system has some incentives and some disadvantages." Schlegel hinted that he believed one of our advantages is that substantially more students end up with H's than would end up with As. Jessup Moot Court Team Participates at University of Connecticut You would have been proud of us. We were great. Of course I'm talking about the performance of theBuffalo's Jessup Moot Court Team at the regional competition held at the University of Connecticut in Hartford on February 25 and 26. by Loretta Smith The four oralists on the Jessgp Team were William Bee, Denise Munson, Marybeth Scarcello and Loretta Smith. Nan Clingman was the advising fifth team member. Margaret Barton was our coach and facilitator. The Jessup competition is often referred to as the "other" moot court, but this year's Jessup Team agrees that Jessup is not an alternative to the Desmond competition but is actually the harder, more challenging (and dare I say more interesting) moot. And we speak with some experience as this past fall both Bill Bee and Marybeth Scarcello not only competed in the Desmond but were also placed on the Desmond Moot Court Board. Many folks think the Jessup provides better training for thinking quickly on one's feet because, unlike the Desmond, it is a national/international moot court and consequently there is greater com- petition between teams. Also, unlike the Desmond issue, which deals with a question of domestic law, the Jessup issue deals with a "hot" topic in international law. The Jessup team members are required to take the course Introduction to International Law as a co-requisite of being on the team. In addition, the Jessup team is structured a little differently from those of other competitions because of the nature of the Jessup problem. Jessup problems generally have two main issues and each team member is expected to argue only one side of the issue. Thus, there is no arguing "off brief" in the Jessup competition and each of the four team members becomes an expert on one issue for one party. This year the Jessup problem concerned an issue of international environmental law, focusing on the use of Antartica as a potential dumping grounds for hazardous waste. The fundamental questions were whether a state that dumped hazardous waste into the waters off at small area in Antarticacould be held liable for the extinction of a starfish species uniquely adapted to that area and what remedies, if any, were appropriate. The issue was made murky because the pol- . lem has made all four of us intrepid explorers into the dread terra incognita of the uncatalogued areas of the 6th floor of the law library. The competition at Hartford was attended by eight teams representing the New England region, which included Syracuse, Albany, Seton Hall, Boston College, Boston University and Western New England. Our applicants, Marybeth and Denise mooted against Western New England and Syracuse and our respondents, Bill and Loretta, mooted against Seton Hall and Albany. And as a team we won 2 of our 4 moots. We consistently displayed at the podium poise and strong and polished debating skills. Plus, true to the Buffalo style of doing things, we were neither cutthroat with the teams we mooted against nor with each other. All in all, being on this year's Jessup team was for me one of the most enlightening experiences in law school. I've learned the most valued lesson of how to cooperate with others on a difficult project to produce a solid work product and to submerge my natural tendency for oneup-personship and had a fabulous time doing it. Desmond Moot Court Board Sponsors Mugel Tax Competition Hodgson & luting state was not signatory to any treaties that could be construed to establish strict liability for polluting in Antartica. Further, the polluting state was not clearly negligent in dumping the waste into the sea. As applicants (petitioners), Marybeth and Denise argued that a state is strictly liable for all acts of destruction to the environment for such dumping regardless of its being signatory to treaties. Appropriate remedies included the establishment of a trust fund to preserve the pristine Antarctic environment into which the polluting state had to pay. As respondents, Bill and I argued that strict liability should not apply to pollution events in Antartica and that a balance of interest approach was the more equitable way for apportioning damages among all states interested in providing pollution in Antartica. Even more so than in previous years, the problem this year was complicated by an intricate spider web of primary and secondary issues. It required us to do a lot of research into areas of the law that we had never encountered before and to co-write legal briefs that wove complex arguments into a cohesive whole. And if nothing else, working ontheJessupprob- Theannual Mugel Tax Competition was held from February 21 to 24 and sponsored by the Desmond Moot Court Boad. It was the seventeenth such event since its founding by Professor Al Mugel in 1973. The Mugel is one of thefew competitions in Tax litigation in America. As a national competition the participating schools come from as far away as Kentucky and Michigan. Fourteen teams representing ten schools attended, including the one Buffalo Law School team, myself and my team-mate John McGuire as re- Russ Andrews Woods Goodyear spondents. ATTORNEYS AT LAW by Dennis Fordham TO THE CLASS OF 1992 You are cordially invited to a cocktail reception to learn more about the practice of law in Buffalo. Join us from 4:00 6:00 p.m. on Thursday, March 29th atthe Buffalo Marriott Hotel. - The program will consist of a short presentation followed by hors d'oeuvres and cocktails. Should you have any questions, please call Nancy Irwin at 856-4000. R.S.V.P. c/o Career Development Office, Room 309 by Friday, March 23. As the one large event which the associate Desmond board members participate in as members of the host school's task committees, associate members have their one opportunity to gain experience in handling a large event prior to the even larger Desmond annual competition. This year Leah Ranke, Assistant Director of the Moot Court, said there was a "strong dedication" by the associate members. The event itself consisted of two preliminary rounds on February 21 and 22 in which each team was on brief the first night and off brief the second. The oral scores for these two nights counted 60% towards determining the four semifinalist teams to compete the next night on Friday, February 23. And on Saturday, February 24 the final round between John Marshal School of Law and University of Detroit School of Law was held, with Detroit emerging as victor. Later on Saturday, February 24, the Mugel banquet was held in the Hilton on the waterfront. The banquet started at 7:00 p.m. with cocktails, and continued with dinner at 8:00 p.m., awards presentation at 9:00 p.m. and dancing at 10:00 p.m. As one who attended the banquet I can say that the dinner plate was both good and filling, and although people were not at first keen on dancing, people did generally have a good time. The problem this year written by Professor Joyce, which should be familiar to all students who have taken Federal Tax I, was the debt-discharge income problem from the Zarin N.J. tax case. For those not acquainted with the facts, they are as follows: In 1978 through 1979 Mr. Zarin, a professional engineer, in spite of an unworthy credit rating, was given a line of credit up to $200,000 by Casino Resorts and proceeded to rake-up gambling losses that amounted to in excess of $2,000,000 by the end of 1979. Unbelievable as this is, Mr. Zarin was able to pay the full sum of his losses. Zarin, did not, however, learn his lesson. Instead he persisted to be a compulsive gambler spending 14 hours a day, seven days a week, and betting up to $15,000 on the throw of the dice Mr. Zarin's gambling addiction was limited to craps. Casino Resorts had at this time received some 800 violations of the N.J. Casino Act warnings, some 100 alone attributable to Mr. Zarin, but continued to give Mr. Zarin credit because of his ability to draw large crowds and encourage higher wagers. In fact Mr. Zarin was treated as a king with suite and meals complementary on the house. The fun came to an end at the end of 1980 by which time Mr. Zarin had accumuated some $3,345,000 in fresh gambling losses. This time however Mr. Zarin could not pay the full amount, and instead in 1981, in an out-of-court settlement with Casino Resorts, Mr. Zarin settled the debt for $500,000. The two issues were: first, did Mr. Zarin receive income in 1980when Casino Resorts allowed him up to $3,435,000 of a line of credit, and second, did Zarin receive debt-discharge income in 1981 when he discharged his dept of $3,435,000 for $500,000? — March 21, 1990 The Opinion 5 �THE OPINION MAILBOX Dean Filvaroff Encourages Participation In "Work A Day In The Public Interest" Program STATE UNIVERSITY OF NKW YORK ATHI JKFAI.I > S( HIKM. OF LAW March 21, 1990 Volume 30, No. 11 EDITORIAL BOARD: Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Photography Editor: Donna Crumlish Andrew Culbertson Maria A. Rivera Bruce Brown Michael D. Gurwitz JeffMarkello EDITORIAL: Work a Day in the Public Interest Well Worth the Effort This year The Buffalo Public Interest Law Program (BPILP) is sponsoring its third annual "Work A Day In The Public Interest" pledge drive. The object of the fund drive is simple: to generate donations to help fund student internships with public interest employers. Rather than asking generally for donations, the organization is asking us to pledge an amount equal to one day's salary and offers the incentive of a free T-shirt for a $30.00 down payment. The Work A Day fund drive has been a success the past two years and it is up to us to make it a success this year. The idea of asking for a contribution equivalent to one day's salary is both innovative and effective. We can ingratiate ourselves by convincing ourselves that we have paid pur debt to society and at the same time do not have to give up a lifetime to do it, only one day. Of course, contributions do not have to be equal to one days salary, they can be more or less and it is doubtful that BPILP will turn any amount of money down. As students and faculty we should do our best to support this worthwhile cause. Let's see lots of work a day T-shirts roaming the halls the week of April 2nd!! Health and Human Services Secretary Takes the Offensive in War on Tobacco Three cheers for Health and Human Services secretary Dr. Louis Sullivan. At last, a public official has taken a visible and vocal stance against the cigarette companies that have held Washington D.C. in their pockets for years. During the past two months Sullivan has spoken out against tobacco company sponsorship of sporting events. He has urged athletes to reject tobacco-industry support as "blood-money" and to refrain from participating in any event sponsored by a tobacco company. This is a tall order for many athletes as tobacco companies are a dominantforce at many sporting events (most notably tennis and race car driving). Sullivan also recently denounced R.J. Reynolds Tobacco Co. and its plans to market a cigarette ("Uptown") aimed at African-Americans. Sullivan's protests, along with protests from civil rights groups, forced Reynolds to cancel plans for the new cigarette. Reynolds, however, won't roll over and die (unlike those who smoke their cigarettes) and has plans to market a new cigarette ("Dakota") aimed at 18-24 year old white, uneducated, working class women. The aim of Dakota is to attract the "tough girls" that are usually the consumers of Marlboro's, manufactured by Phillip Morris and one of Reynold's toughest competitors. Sullivan, has a tough fight ahead of him but will no doubt be a powerful force in the attempt to put the powerful tobacco lobby out of commission. Staff Christina A. Agola, Ted Baecher, Nathaniel Charney, Len B. Cooper, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketcham, Darryl MacPherson, Jim Monroe, Maria Schmitt, Sandra Williams Contributors: Jerri B. Gordon, Amy Rosen, Andrea Sammarco, Chris Thomas ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without academic year. the express consent of the Editors. The Opinion is published every two weeks during the Law, SUNYAB It is the student newspaper of the State University of New York at Buffalo School of Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy ofThe Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. libelous content. The Opinion welcomes letters to the editor but reserves the right to edit for length and Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. The deadline for the next issue of The Opinion is Monday, March 26th at 5:00. Please put all submissions in boxes 59 or 60. SBA candidate statements are also due at this time. 6 The Opinion March 21, 1990 Dear U.B. Law Students, Faculty, and Administration: As the only state law school in New York, we have a special responsibility to support and stimulate work in the public interest. I am especially pleased to tell you about the student initiated public interest program, now in its third year. The BPILP sponsored "Work a Day in the Public Interest" pledge drive funds UB law students in summer public interest jobs. Last spring over $10,000 was raised during the pledge drive, thus creating this summer's internships at Western New York legal services organizations, which provide services to disadvantaged and underrepresented groups. Last summer the organizations included Legal Services for the Elderly, Farmworkers Legal Services, Volunteer Lawyers Project and Neighborhood Legal Services. Because of the strong support received in the past, BPILP is considering an expansion of its program for the summer of 1991 to include internships both locally and nationally. Your generosity can help achieve a significant increase in the number of UB law students working in the public interest. It is a happy supplement to our own law school funded fellowship program, which is also in its third year of existence. BPILP's internships are funded by UB law students aggregating a day's worth of their expected annual or summer income. Faculty will also be asked to make a similar contribution. We know from the experiences of schools like Michigan, UCLA and Yale, which are among the dozens of schools which conduct similar drives, contributions can easily add up to $40,000. This year UB has a goal of $20,000. The concept of devoting a day's worth of your income to fund public interest in- ternships seems manageable and helps put the commitment you are being asked to make in perspective. I hope you will find satisfaction both in increasing the public interest effort in law, and in helping some of your friends and colleagues to work in the public interest over the summer. As I join in making a personal commitment to support the "Work a Day in the Public Interest" pledge drive, I want to thank the UB law students who have demonstrated special creativity, commitment, and enthusiasm in their leadership. They hope that each of us will have the satisfaction of helping a program that will become a natural part of the lives and commitments of members of the UB law community for many years. Sincerely, David B. Filvaroff Dean Law Review Selection: Grades & Writing Ability To The Editor: I am writing in response to Gary Ketchum's article "Getting on Law Review", published in the February 28 edition of The Opinion. I don't know what I expected when I began to read Gary's article, but I was surprised to find that his offer of "a correct understanding of the criteria relied upon in the selection process" for law review was nothing more than another statement of rumors about the grades received in the different sections. Gary contends that getting on law review is based on grades and not writing ability. His main support is "numerous instructors" in §3 gave Q* grades while few instructors in other sections gave the Q* grade. Since the Law Review considers Q* grades, this means that a section that gets more Q* grades has an unfair advantage. Gary, why don't you look at the grade figures? (As published by The Opinion.) Q* Q H D 153 51 481 19 187 89 451 9 53 181 56 473 24 The figures just don't support your contention about the Q* grades. §1 does show about 15% less H grades than the other section and this might have some effect on the outcome. But these grade figures do not explain why §3 had twentytwo people selected as opposed to the §1 §2 seven people selected from §2. Maybe the casenote is an important part of the selection process for Law Review? Maybe there is some connection between writing ability, grades and the ability to write a good casenote? I think there is. When I recommend grades in my research and writing class, writing ability and grades are directly related. When professors grade exams, I assume writing ability must count because writing ability and substantive understanding are not easily separable. Substance cannot be adequately expressed unless a person writes, and a person cannot write well unless she/ he understands the substance. Additionally, people's ability to write doesn't improve when they are given more time to complete a given assignment. Many times the result is more words and less substance. The selection process for law review must be based both on grades and writing ability. It is a fair way to judge both past and present performance. No system of selection would be perfect for everyone. Especially since the rewards of Law Review are great, there will always be a tense atmosphere surrounding the selection process. Some people will get accepted and others will not. But there is no reason to suspect that people on law review would want to select students from a particular section or students not qualified to edit their journal. Jonathan Johnson Disillusioned Student Becries Racism in the Classroom To The Editor: As an incoming freshman at the University of Buffalo School of Law, I thought that I would finally be exposed to an exciting intellectual educational arena where the racial innuendoes would be behind me (not too far though). Instead I often find myself in the middle of bewildering ignorance and immaturity within my own classes. In the beginning of my first semester, it was difficultto tell which students were more liberal and open-minded and which students were more conservative. Depending on the let's topic of discussion in a class like say Constitutional Law, someone who was very observant and listened very closely, could tell which side of the fence students fell on. I chose Constitutional Law as an exam- ... ... pie because unlike classes such as Contracts and Civil Procedure, we were more apt to read and discuss cases that dealt with discrimination, segregation and racism. This semester has been more interesting. There have been a number of days when I would sit in class and something would distract me. The "something" that distracted me quickly became someone. What I witnessed was quite disturbing. I noticed that whenever a non-white student had a question or made a comment during the discussion, a certain group of boys and occasionally a girl would giggle, whisper amongst themselves and sigh in utter boredom if they felt that the student really had nothing importantto contribute to the conversation. (continued on page 11) �Entertainment Industry Continues to Put Us Through Sequel Hell In the glitter and glitz of what is known as "Tinsel Town," one needn't look very far to find artists at work. Movies, sitcoms, talk shows. Indeed, Hollywood is filled with actresses, actors, directors, musicians and comedians. You wouid think, with all of the talent and money that is available, that we would be treated to an onslaught of creative and imaginative films, original television, and fresh comedy routines. Unfortunately, there seems, at least in Hollywood's case, to be no direct correlation between good work and talent. by Andrew Culbertson Managing Editor Clearly, Hollywood produces its fair share of "good" movies each year. However, for every Cuckoo's Nest, Deer Hunter, or Godfather, there are at least ten Rambos, Jasons and Police Academys. Once upon a time, when a movie did well at the box office, you could almost bet that there would be, at some time or another, a sequel. Oddly enough, the "do well at the box office" pre-requisite has been greatly liberalized. In other words, movies that do mediocre and even poorly are now giving birth to sequels. To be fair, there have been instances where sequels actually rivalled their pre- decessors. Any of the Star Wars or Indiana Jones follow-ups are testimony to that. But, and it's a big but, at least 80% of all sequels are garbage, at least when directly compared to their predecessor. While this percentage may seem a bit high, remember that there have been six Police Academys, seven Friday the Thirteenths, and five Nightmare on Elmstreets. These Police Academy movies have crashed and burned so many times that I'm surprised Bubba Smith still shows his face in public. The real crime here, however, isn't the fact that we are subjected to the likes of Halloween X. It's the fact that with all the so-called artistic talent available, boring, unoriginal sequels are beginning to rival, if not outnumber, regular films. They say that imitation is the highest form of flattery. I say that imitation is the quickest way to make a buck without working at it. Movies, perhaps not unsurprisingly, are not the only entities guilty of unoriginality. Cable, as well as prime time television, has proven that it is just as capable as the film industry when it comes to rehashing old ideas. I was amazed, upon the hookup of cable to my televsion set at the number of old sitcoms that have been resurrected. It was like being in television hell. The Beaver was back, along with Gidget, Lassie, the Munsters, and Father Knows Best (Robert Young returned as affable Jim Anderson for a seven-hour Father's Day special). While Gidget and the new Munsters have different casts (after all, Sally Field and Fred Gwynne have moved on to bigger and better things), the new Leave it to Beaver, and Father Knows Best have, more or less, brought back the original actors and actresses. Although I couldn't bear to actually watch one of these shows for more than five minutes, I did see enough to tell you how pathetic it is to see the same dumb characters with the same dumb personalities doing the same dumb things for laughs. You think that three decades might change a person. Alas, not in the world of sitcom resurrection. Eddie Haskell was obnoxious, mean and interminably juvenile as a kid. The grownupversion is no better. Likewise, Kathy, Bud and "Princess" have all grown up, but when push comes to shove, they still turn to dad for advice. I must confess that I did watch a considerable portion of the The Bradys, which recently aired on prime time television (will wonders never cease?). Although the original was no bargain, the resurrection in this case was tantamount to the son's return in The Monkey's Paw. Socrates, unfortunately, never posed the question. "What could be worse than Marcia getting hit on the nose with a football?" If he had, the answer might have been Bobby confined to a wheelchair, Jan unable to get pregnant, and Marcia, the swelling gone down, now unable to drive the kids around because of her drinking problem. Believe it or not, this is what actually happened over the course of several episodes. The only thing that actually is believable about this show is that it was quickly cancelled. Since the production of more of these rehashes, as well as some awful movie sequels, seems inevitable, I would offer some sage advice to the producers. First, if you can't bring the original actor or actress back, just kill off the character. I mean, if I have to watch Marcia Brady, I at least want the original one. Second, don't try and make the showany different than what it was. While this may seem contradictory of what I said earlier, my rationale is that as bad as the old show or movie might have been, a change can only make it worse. The producers of The Bradys are probably sorry that they tried to make the show serious, instead of sticking with the original fluff. What's next, Danny Partridge grown up and doing Shakepeare? If it has to be bad, at least make it believable. GROUND ZERO The Trouble with Child-Snatching, Satan-Worshipping, Commie Gays DOCTORS CURE GAYS WITH CATTLE PRODS! Hmmm. That was the headline screaming off the front of one of those tabloid rags you see at the checkout counter, which is where I happened to be the other day when I read about the above medical miracle. Imagine my relief. After 26 years of worrying if I, too, would be stricken with the fiendish disease of homosexuality, science at last discovered a cure! by Michael D. Gurwitz Features Editor JEWS STOP HOARDING MONEY! BLACKS TURN FROM CRIME TO WORK! WOMEN ADMIT THEY LIKE RAPE! If this kind of crapola showed up on the front pages of supermarket tabloids, the next headline in the New York Times would read: MILLIONS BURN DOWN OFFICES OF SUPERMARKET TABLOIDS! In our slowly evolving, slowly civilizing society, it is no longer considered socially acceptable to blatantly slander Jews, Blacks, Women, and other so-called minorities, with one glaring exception: homosexuals. How else can one explain the above headline greeting millions of shoppers in this country? "Oh look, dear, they've finally figured out a cure for queers. Thank God, now maybe that awful Aids virus will go away." Yeah, I know, nobody with a grain of intelligence respects newspapers that Student Speaks Out Against Proposed Faculty Grading Sanctions In recent weeks, since final exams, there have been grumblings of discontent about thelack of expediency in which professors post grades. I am as impatient as the next, but in this instance, I think it might be relevant to consider something Shakespeare said: "He's in his fit and does not talk after the wisest." The present petition that anticipates inflicting sanctions against professors is probably not after the wisest. by Jerri B. Gordon It is well to remember that grading is entirely subjective and what's more, it is entirely one sided: the professor's. If, however, there are some unconvinced idealists who retain a naivety due to the belief that one's success on exams is dependent upon, or is the result of, personal efforts,, knowledge, or eloquence, brace yourself to experience the reverse. The testing segment is unchangeable in the sense that students will always be disconnected from the power professors have in grading. Is it wise to put them in a bad humour about this? Sanctions would not improve our marks, but there is a very strong likelihood they could make them a great deal worse. After all, professors are mostly human and one could assume that vengence is not a foreign concept to them. The Rabbi said, "He who is without sin, cast the first stone." I know of many more students who are tardy turning in papers due professors, than there are laggard exam professors posting grades. Whether we as individuals owe a late paper or not, we are still part of that assemblage called 'student body' and there's no getting around the fact that many of this group do owe papers for extended periods of time. If sanctions are brought against the professors because of this petition, the suffering will far outweigh any perceived gain. Furthermore, I doubtthat many professors find the written word of their students exhilarating or by any means unique. Even I was surprised by the obtuseness I manifested in answering exams, and from my marks, I'd say my reasonings had a similar impact on those reading them. If each student in any first year section wrote only one blue book for every exam question, the professors would have to read a minimum of 2,000 pages, and I'm not talking about words of brilliance from Holmes or Cardozo, I'm talking about first year students who are often so nervous they can scarcely read the question, much less answer it in an articulate manner. The woman sitting in front of me used 11 blue books for one exam. I watched in sinking horror as she went time and time again for additional blue books. (She probably got an H. I assuredly did not, but at least my writing hand was well rested.) Having to wait a long time for anything does impress one as unfair, unfriendly and more than a dedicated person should have to bear. There was a time when I would have agreed with the gentle souls of the petition, but progressing age has allowed me to see down some roads and to recognize that every act has its price. Though sanctions against professors might shorten our wait, they would surely extend our misery. It does, after all, seem a petty point compared to the other important issues relating to law school. regularly report on Elvis sightings and the three-headed babies. But homophobic poison spread by a highly visible headline like "Doctors cure gays with cattle prods!" is not limited to the publishers of supermarket tabloids. It is dispensed quite willingly by this country's executive, legislative, and judicial branches, endorsed by its mighty armed forces and intelligence agencies, praised by organized religion, and enforced by the police, petty bureaucrats (including University presidents), corporate parasites, and other holders of social power. Television, film, and radio all take turns at gaybashing (though to its credit, television tries to avoid limp-wristed stereotypes though to its debit, television still doesn't have the courage to depict happy and healthy gay couples). Many people have tried to answer the question of why red-blooded, steak-eating, patriotic-type Americans cannot tolerate homosexuality. I don'tknow the answer but religious intolerance, men's uncertainty about their own sexuality, and the need to scapegoat are certainly prime suspects. It is tempting to say that only the religiously fanatical or ignorant indulge in homophobia, but alas, that is not true. GeorgeBush and William Rehnquist may be many things (multi-legged and slimey), but they are neither stupid nor ill-educated. Neither, for that matter, are students in this law school. A cartoon on the back page of the February, 1900 edition of The Federalist Papers, published by the Buffalo Federalist Society, depicts a Critical Legal Studies Don Quixote mounted on his trusty steed, communism. Listed among this commie scum's foolish concerns is, what else, homophobia. Okay, folks, so what do we have here? Red-baiting of CLS, to start with. But worse yet is the insinuation that homophobia is both a quixotic concern and an Enemy/Them concern. In other words, all level-headed loyal Americans need not care that gays and lesbians are subject to daily harassment, institutional discrimination, and violent attacks. It's a despicable cartoon. Equally despicable is the JAG's secret recruiting visit here last month. For those of you who still don't know, the Judge Advocate General's Corp (JAG which rhymes with SLAG but don't apply if you're a FAG) will not hire law students who are gay because gays might be subject to blackmail which will threaten or even destroy national security and then we'll all be eating borscht, or some other such nonsense. Yes, I know, there are those who do not want to be denied the opportunity to apply to JAG simply be- — — cause JAG's hiring policies are frowned upon by a number of your fellow classmates. But the point is that law school funds, paid for by law school students, including gay ones, were used to bring JAG to UB even though JAG Won't hire the very students who paid for their opportunity to recruit on campus. Straight students might be able to apply, but their fellow gay students cannot. It's like going back 25 years: "Well, it's too bad black students can't apply, but why should that stop me?" The answer is common human decency. Homophobia is a disease whose demise is long overdue. Keep your religion and your morality and your sexual hangups to yourself! Straights need to join hands with gays and demonstrateforfederal and state laws banning discrimination on the basis of sexual orientation, just as whites joined with blacks in the civil rights days. The situation now is intolerable. If we, especially students, work in solidarity with the last great oppressed group of human beings in this country, then we can finally banish those damned sodomy laws and regressive discriminatory practices and give gay men and women the freedom and equality which they deserve. Hopefully, one day we'll be standing on line in the supermarket and see a headline which reads: DOCTORS CURE HOMOPHOBES WITH CATTLE PRODS! IMPORTANT DATES TO REMEMBER... 1990-1991 Executive Board Elections All first or second year students interested in running for a position on the 1990-1991 SBA Executive Board must submit signed petitions by Friday, March 30 at noon in the SBA office. Petitions may be picked up at any time. Elections will be held Wednesday and Thursday, April 4 and 5. An Executive Board Forum will be held on Thursday, March 29 in which the candidates will debate and discuss their platforms to the public. Candidate statements that are to appear in The Opinion are due Monday, March 26 in boxes 59 or 60. March 21, 1990 The Opinion 7 �THE GOLDCARD: A SPECIAL MEMBERSHIP OPPORTUNITY FOR GRADUATESTUDENTS EXCLUSIVELY Take advantage ofthis special opportunity to become a Gold Card member. American Express will approve your application based upon your status as a graduate student. Your acceptance will not be dependent on employment and income history. As long as you have no negative credit history and no negative American Express experience, you can soon be carrying the Gold Card. And you need only call to apply. Any time, day or night, 24 hours a day. There is no lengthy application to complete. Once you receive the Gold Card, you can begin enjoying the many benefits of this distinguished membership, including: Worldwide check-cashing privileges. Emergency Card replacement (usually by the next business day). A complimentary 24-hour, toll-free travel service. As well as insurance protection for your Gold Card purchases. The Gold Card. Available to you now on this exclusive basis from American Express. Call today to apply. The GoldCard* M& AnAmancan Eipra&scompany © 1989 American Express Travel Related Services Company, Inc. 8 The Opinion March 21, 1990 1-800-648-4420 �The Student Faculty Initiated Internship: An Inside Look Any and all first and second year students who are interested in working in the area of public interest law this summer may be eligible to receive a Student Faculty Initiated Internship (SFII) award from the Buffalo Public Interest Law Program. The award will fund a summer 1990 experience for the students who are chosen by the participating agencies. by Mary Clare Kane Staff Writer BPILP invites certain agencies, such as Legal Services Corporations, to submit their 1990 internship proposals. The membership of BPILP selects agencies for participation in the 1990 SFII program. Then BPILP, along with the Career Development Office, collects resumes from interested students. "How do I apply?" First and foremost one must decide that s/he is interested in a public interest legal experience. Second, one must submit her resume et al to BPLIP and CDO designating which participating agencies s/he desires an interview. The resumes are then forwarded from BPLIP to the various agencies i.e. Neighborhood Legal Services (NLS), Volunteer Lawyer's Project (VLP), Legal Services for the Elderly (LSE), Farmworker's Legal Services (FLS) and other qualifying agencies. The agency then chooses those applicants it desires to interview. The applicants are interviewed, and the LSC agency decides to whom they will offer an internship. The student who accepts the prospective internship offer is then awarded the SFII award. Application material (resume, transcript and cover letters) will be due at the BPILP office, room 509 O'Brian Hall shortly after March 18, 1990. The exact deadline will be announced and posted in the mailroom. "Minority students and women are especially encouraged to apply for the SFII's" said Kathleen Welch (2L) and Graduate Assistant for Public Interest Law. Such a remark is in reference to the fact that in the past SFII awards have gone to a predominantly white male student body. "Although BPILP's past record may seem to reflect some disparity, it must be noted thatthe agencies interviewedthose students who submitted the requisite materials and interviewed for the internships. Such disparity can only be corrected in the first stage of the application process which is the original submission of application material to BPILP and CDO. We then simply review the material and immediately forward it to the participating agencies. BPILP does not participate in the actual selection process other than in selecting which agencies are eligible for participation, encouraging law students to apply and then of course, by funding the summer internships," said Welch. Former SFII recipients have recounted their summer experience as interns for the readership of The Opinion. What follows are excerpts from their personal accounts of the summer of 1989. BARRIE D. MCFADDEN (3L) VOLUNTEER LAWYER'S PROJECT, INC. VLP is a not-for-profit corporation and (it) assists indigent persons in finding pro bono legal help for cases involving civil Grade Chart Fall 1990 Instructor Atleson Avery Avery Berger Berger Binder Binder Birzon Blum Blum Buckley Cameron Carr Delcotto Delcotto Engel Engel Ewing Ewing Freeman Freeman Girth Girth Halpern Hager Headrick Hezel Hurwitz Hyman Hyman Joyce Kannar Kaplan Kenyatta* Kenyatta Konefsky Konefsky Leary Lindgren Mensch Mugel Munger Murphy Newhouse Olsen Phillips Pitegoff Pitegoff Reis Reis Rimar Scales-Trent Course Participation & Control in theWorkplace Employment Relationships Family Trans. Civil Proc. (sec. 1) Research and Writing (sec. 1) Democracy Internat'l Law Evidence Civil Proc. (sec. 3) Research and Writing (sec. 3) Comm. Paper ComparativeConst. Jurisprudence Crim.Proc.l Corporate Tax Federal Tax 1 Legal and Social Perspectives of Disability Torts (sec. 1) Criminal Law (sec. 1) Psych, and Crim. Law Anti-Trust ConLaw(sec.2) Debtors & Creditors GenderBased Discrimination Criminal Law (sec.2) Education Clinic CorporateTrans. Low Income Housing Clinic InsuranceLaw Adv. Legal Writing Legal Methods Federal Tax Ethics, Law and Politics Planning Law in Practice Civil Rights and Con. History Constituting Democracy Contracts (sec. 1) Law andAmer Labor History Internat'l Legal Systems I Remedies Contracts (sec. 2) Future Interests Municipal Law Lawyering Skills School Law Research and Writing (sec.2) Securities Reg. Comm. Econ.Dev. Clinic Worker OwnerTransactions Problems in Env. Quality Property 2 Asylum Clinic ConLaw2 Corporations Jud. Clerkship Immigration Clinic Immigration Law Criminal Law Trial Technique Schlegel Schlegel Seipp Seipp Singleton Staff Sullivan NewYorkPrac. Family Law Swartz Szczygiel Administrative Law Federal Tax Thuronyi Non-ProfitOrgs. Thuronyi Counseling Small Business Zimmerman Small Business Clinic Zimmerman **The deadline for posting grades was 2/15/90 I Date Posted** 2/2/90 1/11/90 2/12/90 1/19/90 1/16/90 2/26/90 2/5/90 1/23/90 2/9/90 2/14/90 1/16/90 1/18/90 2/16/90 1/2/90 1/2/90 1/29/90 1/11/90 2/15/90 2/12/90 1/19/90 1/11/90 1/16/90 2/8/90 1/22/90 1/3/90 2/20/90 2/5/90 3/6/90 2/20/90 1/19/90 2/26/90 2/26/90 1/30/90 2/27/90 2/27/90 1/11/90 1/23/90 2/15/90 1/30/90 1/11/90 1/12/90 2/5/90 1/18/90 1/9/90 1/31/90 3/7/90 1/5/90 2/9/90 3/9/90 2/9/90 1/25/90 1/23/90 1/11/90 2/22/90 1/30/90 1/12/90 1/14/90 1/12/90 2/14/90 2/16/90 1/17/90 1/2/90 2/14/90 1/5/90 1/5/90 H* 2 1 5 1 1 6 1 1 1 4 1 < 1 2 H 8 15 9 14 35 2 21 17 23 38 21 1 33 15 16 6 13 10 7 26 15 29 2 20 4 21 3 18 4 6 20 5 4 20 5 13 5 10 6 14 10 15 13 12 30 12 3 7 22 32 4 6 35 4 13 23 34 4 17 13 10 21 12 6 Q* 2 8 3 8 18 2 8 12 9 4 6 15 16 2 1 2 19 26 Q 1 11 3 63 44 2 30 70 59 21 54 3 99 21 56 D F 4 1 55 57 9 17 71 41 5 5 3 19 3 45 3 22 5 49 9 26 49 1 18 3 63 5 8 5 72 19 21 18 39 13 6 6 6 44 1 9 85 24 77 23 47 44 2 36 12 13 1 6 1 14 8 5 7 4 3 all really nice people. As a result, the office was relaxed and easy going. Everyone seemed to recognize thevalue of the work that VLP does. Initial contact with prospective clients is done by phone. The secretary gets a brief description of the client's legal problem, and I would call the prospective client back. Upon making contact with the prospective client I would conduct another screening. Eligibility for VLP services is based on income, a client must be poor, and case type priority. A client is automatically income eligible if they fall within 115% of the poverty line. Basically, for an individual their gross income must be about $141 or less per week VLP does not handle any criminal cases and only handles a limited range of civil matters. For example, VLP will not provide legal assistance to people who want to sue someone else, but will provide assistance to those who are being sued. The former is potentially fee generating and thus the person could probably get a private attorney to handle the case. The latter represents an area where a defendant in an action is not going to recover money but is faced with having money taken from them. Poor people do not normally have the resources to hire an attorney to defend them in such a case. Some of the areas that VLP provides legal assistance are: divorces, bankruptcies, wills for the terminally ill, representation at Unemployment Compensation hearings, landlord/tenant problems, tort defense, foreclosures, small estates, dept collections and more. Often, I would know that we (VLP) couldn't help a person and in such cases a person is referred to the appropriate agencies (such as Neighborhood Legal Services, Legal Aid or the Erie County Bar Association's Lawyer Referral Services). Once secure in the knowledge that VLP might be able to assist someone, I would (continued on page II) 3 6 THE PASSWORD: 1 6 *20 Grades are missing from this class list The following grades were not posted as of 3/12/20: Law, Science and Medicine Albert Blum International Law and Order and Epidemiology Law Boyer Natural Resources Boyer Feminist Theory andThe Law Finley Torts (sec. 3) Finley New York Practice Gresens Punishment and Responsibility Haplern disputes. The VLP staff and volunteers are 415 Sercnth Krtnmt, Sette 62 New York. New Yotk 10001 (212) 594-3696 (201) 625-JJ63 NOTICE TO ALL STUDENT ORGANIZATIONS Leary Law and National Security Canadian Health Care Meidinger Newhouse Olsen Property (sec. 3) Comparative State Constitutional Law Civil Proc. (sec. 2) Olsen Criminal Appellate Delay GovernmentSponsored Religion Kannar Phillips All student group budget proposals are dueWednesday, March 21 at 5:00 p.m. Please submit the budget proposals to the SBA office or to mailbox #692. Failuretosubmityour proposal will bar your organization from receiving any funding forthe 1990-1991 fiscal year. March 21, 1990 The Opinion 9 �Hal Holbrook A t Shea's As Mark Twain It was my first visit to Shea's Theater, and that experience, too, was awesome. Its sumptuous, rustic ambience with its rich regal colors, soft lighting and ornately carved landscape was a majestic sensual adventure, if ever those terms applied. We had top-dollar seats in the mid-center balcony (that was an accident), and from the start, we were swept up in the aura of the event and the stately spirit of the theater, as Hal Holbrook brought Mark Twain to Shea's in Buffalo March 3. by Gary B. Ketcham Staff Writer Hal Holbrook has received several Emmy Awards for his television performances (The Senator; That Certain Summer), but says that's just "a way of making a living" (Violanti, A., Buffalo News, 3/2/ 90, B-7, Col. 2). Of his Mark Twain performances Holbrook says, "But there are a few things I've done that have stature. That's when it excites you" (Id at B-7). Holbrook extemporaneously selects from a vast collection of Twain commentaries and anecdotes in his two hour performances, as he merges completely with the Twain character, in a show that originated on Broadway as "Mark Twain Tonight!" That show represents thethird of his Emmy Awards. Holbrook has been performing his one-man show as Mark Twain since 1954. He last performed at Shea's in 1984. Public Service .. Meidinger observed that the doctrinal tools seemed to "hit the end of the road" in the early 1980s. Today the current position of CLS seems to be that "we have to get serious about learning from people who aren't legal academics or lawyers and who might even be clients." He commented thatthe conference reflected "the current openness and many-centeredness of the CLS movement." In making a final remark before ending His entrance on stage electrified the audience as it erupted into an applause which it sustained for several minutes. From the very start, the humor was poignant and unrelenting, as one line spilled into another before the laughter could subside. An intense sense of reverence and respect infused the air, as manifest both by Holbrook's presence on stage and the penetrating wit of a historical figure determined to pierce the facade of daily life. Holbrook's performance was so natural and conversational it was easy to forget that this was not Mark Twain, but merely a seasoned actor who executed, in flawless fashion, a mimicry which approximated the image of a man we'd never met, but whom we felt we'd always intimately known. For the most part the performance turned on the pointed, jocular satire of Twain, but Holbrook began the second part of the performance with a re-enactment of a passage from Huckleberry Finn. It was here that the true talent ofHolbrook shone through, as he shifted fluidly from Finn's adolescent narrative voice, into the voices of several adult characters in the scene described by Finn, and then back into the boyish voice of Finn back and forth he went, fluently, flawlessly, effortlessly, with each character sustaining his discreet identity with such clarity that you always knew which character was speaking even though the lens was jumping to and fro rapidly in the manner of a ... ... from page 4 the discussion, Ms. Finley pointed outthat today it is important for law students in- terested in practicing public interest law areas of the law, especially business law. She said that students should be aware that they will run into problems in areas outside what used to be the traditional public interest law realm (constitutional law, civil rights, employment discrimination etc.) and should prepare accordingly. to expand their knowledge in all — SimplyRemarkable young boys tale. When the Finn passage was complete, Holbrook paused for several minutes, walked slowly to the stage prop high back chair, reached for his cigar, pulled out a white handkerchief and wiped his face with it slowly deliberately, then strolled pensively, in a meditative cadence, back to the stage prop lectern, and in this ensuing, penetrating lull you knew that Mark Twain had returned to the set. It was a most powerful and remarkable thing to witness. ... There were only a few, brief somber moments in the show that were marked, from their inception, by an intense and pervading quietude, in which you could hear Twain's somewhat labored nostril breathing as he prepared to launch into a solemn issue. The audience keyed on these cues immediately, with an uncanny anticipation of the pensive, sedate mood that was now cast upon the moment. In a low, gravelly voice Twain then slowly, regretfully spoke of slavery, in his midwestern drawl, punctuated by reflective pauses countenanced by the forced nostril exhalations signifying bewilderment. Returning to the levity of parody, Holbrook wandered through Twain's musings of how absurd it is for humans to think that they are the superior species on earth, God's chosen ones. Animals occupy the air, the sea, the wilderness and the deserts, he said, while humans are confined largely to only one-fifth of the earth's surface. If we are God's favorite species, he said, he sure has a funny way of showing it. Holbrook ran through a Twain parody on Theodore Roosevelt, the conservationist, who with rifle in hand, took half of the U.S. military with him in a cross-country safari in which he shot a bear, which Twain insists was really a domestic cow. Twain said that humankind is the lowest of the species, not the highest. We are at the bottom of the hierarchy, "the lowest... the lowest... the very lowest... except for the French who are still lower," Holbrook's voice trailed off to a whisper until he blurted out the comment about the French. On the issue of health and morality, Holbrook hauled out Twain's story about the woman who was seriously ill and was told by her doctor to quit smoking, drinking and swearing. The woman replied that shewould gladly give them up except that she didn't do any of those things. Several weeks later she died. Twain said, "Now there is a woman who had neglected her habits. She was like a sinking ship that had no cargo to throw overboard." Next came the discussion about honesty. Holbrook brought to life Twain's comment about George Washington. "As we all know, George Washington 'could not tell a lie.' I have a higher and more difficult ethic which I adhere to. I CAN tell a lie but I choose not to." Holbrook's Twain insisted that the only reason the young Washington told the truth was because he was already plotting on ways to get elected into the White House. He said that telling thetruth about such harmless, inconsequential matters was not that important. Then, Holbrook's voice lowered, and he became serious very solemn, and he said, the most invidious and immoral lies are those of 'omission,' like the lies about slavery, where society remained comfortably silent while only a scant few raised their voices against it. But Holbrook's Twain, forthe most part, spoke with a positive, sardonicbite to cast out anecdotes in a burlesque, humorous vein. "When I was a boy of fourteen," he said, "my father was so ignorant I could hardly stand to have the old man around. But when I got to be twenty-one, I was astonished at how much he had learned in seven years." If laughter is what the doctor ordered, this was a show that should have been prescribed. Cerebral thought provokluminous and uplifting. It radiated ing with the confidence of a stellar performer invoking the insights of a literary sage and it was a performance one ought not to have missed. ... ... ... Kaplan-SMH proudly announces: Computerized Diagnostic Analysis Attorneys Reading Your NY Essays More Multistate Questions Until now, studying for the bar exam has been a guessing game for many students. Sure all bar review courses teach the law, and some give you practice exams along the way. But now, Kaplan-SMH is providing a sophisticated diagnostic tool to all of its students as an integral portion of our course. We not only teach the law and give you lots of practice, we analyze your practice by computer and give you detailed diagnostic printouts showing which subjects need more study! The CDA: Indentifies the core subjects in which you are strong; Shows you the major topics and subtopics you should study more, and refers you to the appropriate study materials; Helps you avoid wasting time on the subjects and topics which you already know; Provides an estimated MBE score! On the NY Bar, Kaplan-SMH has added live readers for your sample essays. Practicing attorneys will read your essays, examine them for accuracy, for analysis, and for style. You will receive your essays back with substantive comments. k For more info: 3 2 43-9188 i Bto°3 10 The Opinion March 21, 1990 Kaplan-SMH m- For the Test of Your Life ... �More From The Opinion Mailbox In Favor Internship ofthe Traditional Grading System To The Editor: The current grading system was established in 1969 primarily to create a more friendly and less competitive atmosphere in the law school. As a result, all ranking and grade point averages (GPAs) were abolished. I believe that the current grading system has helped foster an amicable law school and therefore it is certainly valuable. However, it was only necessary to abolish ranking in order to realize this goal. By abandoning the traditional form of grading and replacing it with the current form of grading, detrimental side effects have come into existence. First, I believe that the current grading system has limited employment possibilities for a substantial number of students. Employers like to have an idea as to where the candidates stand in relation to their class. By barring employers from this important piece of information, the U.B. law student is at a disadvantage when seeking employment. This may partially account for the fact that a sizable portion of the third year students graduate without a job. As was stated earlier, it is not necessary to incorporate a ranking system. Once the traditionalform of grading is re-established, the employer will be able to assess the approximate rank of the student by comparing his or her GPA with a similar GPA from a com- parable law school. For example, if one has a GPA of 3.0 and in a comparable school a 3.0 correlates to a top 40% ranking then the employer can assume that the U.B. student is also in the top 40% of his or her class. Meanwhile, there would be no ranking at U.B. which would help to foster a less competitive environment. The other detrimental effect of the current grading system is the fact that there is no delineation between the "B" student and the "C" student. Therefore, it is possible to work very hard in a class and receive a "Q." Likewise, it is also possible to take it easy in the same class and receive a "Q" as well. Because the "Q" has such a wide range, the student that has excelled is not distinguished from the student that has barely made it. This is simply inequitable. Furthermore, many employers assume that a "Q" refers to a "C" in spite of the efforts of the law school to explain the grading system. In closing, I believe that a return to the traditional grading system (the A, B, C, D, F system) without any form of class rank is the best of both worlds. It fosters a less competitive environment while opening more employment possibilities for the students and giving credit to those studentsthat perform on a "B" level in class. Sincerely, David Steinberg, 2L University Priorities Are Questioned To The Editor: March 6, 1990 PARKING VIOLATIONS FOR EVERYONE who and what are SCREWHEADS they? Hunter S. Thompson writes vividly of them in Generation ofSwine. If you're not up to reading a book to find out, I can give you a solid operational definition of a distinct subset existing in our immediate environment: the Public Safety/ Parking Violations Bureau "professionals" and their little army of student geeks who spend their gainful employment time licking grunge off windshields and checking for proper hangtags. Call me a name-caller, but I'm cynical. Want more? The r jdent and administrative legislators who can't squeeze enough common sense out of their tiny brains to realize that the only purpose of requiring a special permit to park in the 70 or so always unoccupied spaces along St. Rita's Lane (adjacent to Baird Point), currently reserved for alumni, is to give Public Safety somewhere to sit on theirasses — all day long and ticket students who park there. We all know ofthe desperation. The fact that most of us are here to get an education (of sorts), and pay a tuition for that privilege, and that we need to park somewhere, doesn't seem to interest their agenda. Curb your rage, son. Settle down. Take some revengeful comfort in the knowledge that despite the RAPES, the MISSING COMPUTER EQUIPMENT, the hours spent sitting in the spine by theLOAFING MAINTENANCE STAFF every day, the supremacy of SPORTS over intellectual pursuit, and among other trivia, the certainty of getting PARKING TICKETS for occupying the only available spaces on campus in which no other party is deprived of a space, you will never have to make an alumni donation to the old alma mater. Consider the nonsense that pervades this university my prepayment in full! William Greener, Law '91 . Racism You may ask yourselves how does this student know this? Isn't this student just imagining all of this? Or better yet the best way to deal with it is to ignore it and it will goaway. You see, the problem here is that I am not imagining whatI see and the hostility does not just go away. On a daily basis I make it a point to see if non-white students participating in class discussion(s) spark this same reaction in these "boys". To my dismay I am correct. The last test I did was on February 16, 1990, during the joint session of sections 1, 2 & 3 for Legal Profession. A nonwhite student entered room 106 to take a seat in the front of the class. I glanced over at the boys only to find one of them lean over to his left snickering and whispering into the ear of his playmate. His playmate flashed a huge grin and nodded his head in agreement as they both glared at this student. I decided at that late date to give them the benefit of the doubt so, I said to myself, 'Okay perhaps they were talking about how attractive she was or how much they admired the artistic, cultural, ethnic style of the braids in her hair.' A few short seconds later I snapped out of it and said 'Na-a-a-a!' It is quite sad for me to think that I will one day be associated with them on a professional level. One final example of the kinds of comments that soar throughout the classrooms is that during another class discussion regarding First Amendment Law and the Freedom of the Press, — from page 6 somehow we stumbled onto the topic of Andy Rooney (60 Minutes) and the comments that he allegedly made to a reporter regarding Blacks and homosexuals. A male student stated (incorrectly) that the spread of AIDS in our nation today was largely a product of the homosexual population. Another student, non-white raised herhand and askedfor clarification because it appeared as though she was taken aback by his statement. Out of nowhere the male student chimed, "Well yeah ..., not to mention the spread of AIDS in Africa ..." I asked myself 'where did that come from and how did we jump from the United States to Africa???' I said to myself do you think that he would be so rude as to make a statement like that just because theother studdent was non-white? Na-a-a-a! But needless to say I was only kidding myself. Just when I thought that Blacks and Whites could actually come together to exchange ideas without worrying about the color of skin, people like those "boys" are able to create a picture that will tell Blacks that there will always be people like us to remind you that it does not matter what you are, how nice you are or whereyou are from YOU'RE BLACK. For those of you who are wondering which classroom does all of this chaos occur in? Which section? Just take a look around you'll see. Brothers and sisters watch your backs! . ., .. Denise Lewis call the person back and ask them to come into the office for an interview. During the interview I would get a more detailed picture of the legal problem as the client filled out some of the VLP forms. Generally, VLP seeks to refer indigent clients to private attorneys who will work on the client's case on a pro bono basis. I would then contact the listed attorneys who had indicated a desire to work on pro bono cases in a certain area of the law. Some client's problems were handled directly "in house." I would represent clients at unemployment compensation hearings or I might negotiate with a creditor for a temporarily reduced monthly payment on an obligation. Other times, I would work with a private attorney to accomplish a task on behalf of a client. All in all the job was very rewarding. I gained a better appreciation for the plight of the poor for legal help in a society where the cost of an attorney continues to soar. JIM MONROE (2L) FARMWORKERS LEGAL SERVICES When I interviewedfor the Buffalo Public Interest Summer Interships I had heard great things about working with theFarmWorkers Legal Services from the previous intern, Troy Oeschner. I began working for them in Rochester two days after the end of my first year's final exams and I quickly found that Troy was right. The people are fantastic, the work is interesting and you feel that you are actually helping the people in the fields. The people I worked with are not there because they are not able to get corporate offers or because they particularly like Rochester. They are there because of a firmly ingrained sense of dedication to the underclass in this country. This is borne out by the fact that they spend long hours and extra days working for their people and the fact that they rarely lose cases to the big firms or to the government. I say that working for Legal Services is fulfilling even in the face of many problems. The Legal Services Corporation (LSC) is overregulated and under constant attack by the conservatives, but the people of Rochester managed to be effective in giving the workers some sense of empowerment. Congress feels thatthe poor do deserve some chance for legal representation and LSC survives. About half the money at the office I worked for came from private foundations and other grants needed. Our battles were fought with the Immigration and Naturalization Services, discriminatory businesses, and with crooked crewleaders. Surprising, our allies were many private local attorneys, the N.Y.S. Dept. of Health, OSHA, a few informed farmers, and the N.Y.S. Division of Human Rights. The problems with the Immigration people usually stemmed from bureaucratic inertia and ignorance of the rapidly changing seasonal agricultural worker relations. After campaigning in the southwest in two presidential elections claiming that undocumented workers (Reaganites call them illegals), were ruining the economy by taking lucrative American jobs, Reagan realized that no one else would do this work. His administration allowed three bills to pass through Congress and he signed them into law. The LAW, SAW, and RAW Acts make it possible for the large farms to replenish the diminishing supply low wage workers by granting temporary resident, TR, status to undocumented aliens. The most recent Act, Replenishment of Agricultural Workers Act, will allow undocumented farmworkers to qualify for TR status if they will work on certain types of crops. What made my job exciting and fulfilling was the constant travel to the fields to visit the workers. Although I was always with a Spanish speaking interpreter I felt that thepeople really wanted us there and believed we could help them. Most of the cases we took were resolved in favor of the workers and through these outreaches and the Rural Opportunities Center in Oswego, N.Y. we have developed a very impressive reputation with the workers. I recommend the internship at Farm- from page 9 Workers in Rochester for the foregoing reasons and because of Sophie, Jim, Rosa, Wally, and Jeanne. These people are not only dedicated to their farmworkers, but have somehow avoided the burnout associated with public interest struggle and are very enjoyable to work with. The office atmosphere is very relaxed and there will be plenty of law to learn. MIKE PULVER (2L) NEIGHBORHOOD LEGAL SERVICES I was the last person I thought would be chosen as the Buffalo Public Interest Law Program Intern for 1989. Though I had worked in a New York City program for runaway children and homeless persons during and immediately after college, I had nevertheless spent nine years working as a legal assistant and investigator for some major corporate firms, defending toxic tort claims. I didn't have any strong politically-based beliefs about the necessity of legal representation for the poor (though I did, and do, have strong personal, moral, beliefs about that necessity). When I received the call that I had been chosen as the BPILP intern, I was stunned. I realized that I had forgotten what it was like working for people who were both competent and caring. The relaxed atmosphere was not only refreshing but, as I found out later that summer, made for the type of stress-free atmosphere from which high quality, creative legal work can be consistently produced by everyone. The department to which I was assigned was named for the Administration Entitlement Benefit Unit, the "Admin" Unit, for short. I specialized in representing persons who were, or should have been, recipients of government benefits and who were encountering problems with regard to them. Some of the benefit programs involved included Medicaid, Medicare, Social Security, Aid to Dependent Children, and New York Home Relief, our state's own welfare benefitprog ram. My expectation that my work would be interesting was not to go unfulfilled. While my fellow students employed at private law firms were researching arcane, and what must have been painfully dry, aspects of corporate, commercial and real estate law, I was researching, all summer long, the type of constitutional law questions that first year associates let alone first year law students only dream of. And boy, were these questions difficult: Does a plaintiff/benefit recipient have standing to challenge procedural deficiencies with respect to benefits which are a part of the overall benefit program she is challenging but where plaintiff is not, and may never be, eligible for these particular benefits and where the relief sought with respect to their administration would only be applicable to actual recipients of these benefits? And so on. How many second year law students can say they drafted the brief which, his bosses told him, could very likely be the winning brief in a reported decision (the brief was written in support of our position with respect to the issue, just described, regarding veteran's be- — — nefits)? In short, Neighborhood Legal Services gave me (and, according to the other interns there, all of us) as much work and responsibility as we wanted or could handle. In the field of public interest, where lawyers' talents are stretched to the maximum, this level of responsibility is the norm and our supervisors made sure we were aware of, and experienced, this selling point. I, for one, found it very attractive. In the past, only Western New York Legal Services Corporations have participated in the BPILP summer internship program. This year BPILP is expanding the program to include national public interest law corporations in addition to these LSC agencies. Thus, anyone seeking out of state employment in public interest law can be successful in finding a summer job through the BPILP program. APPLY NOW!!! March 21, 1990 The Opinion 11 �H . A g l\ I * M- \ m■ I IM I I IWI ■ k |\ I \i/■ I I JY II v>, Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be offered live in New York City and on audio- or videota p e jn locations throughout the United States. For further information, contact your local BAR/BRI representative, or: BAR/BRI 415 Seventh Avenue, Suite 62 New York, NY 10001 212/594-3696 I CPLR Mini-Review: An Overview of New York Practice and Procedure Date and time bar review 12 The Opinion March 21, 1990 to be announced. ©1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b54b7d7b8c49496056c754371df20be9.pdf d9684acc26e5b5cdb5eba9c1acfe4d9c PDF Text Text THEOPINION Volume 30, No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 28, 1990 JAG Corps Interviews Students At Center For Tomorrow Last Monday, February 12, the army branch of the Judge Advocate General's Corps arranged to conduct interviews with a select group of UB Law School students for possible employment in their summer internship programs. The interviews took place at ÜB's Center For Tomorrow on the Amherst Campus, and were arranged through the law school's Career Development Office under the supervision of Audrey Kosceliniak, CDO Director. In response to student interest, the JAG Corps contacted the Career Development Office the first week in February to request that they be allowed to come on campus and set up an interview schedule. by Andrea Sammarco Staff Writer Breaking with past CDO policy, Law School Dean David Filvaroff and Kosceliniak opted to allow only those students who contacted the Career Develop- merit Office within the two weeks prior to JAG's arrival to interview with the group. In addition, the presence of representatives of the army's judicial branch was not publicized in the CDO's weekly newsletter, or in The Opinion. This policy change was described by Dean Filvaroff as an attempt to keep the JAG Corps recruitment visit as "low-key as possible." Speculation by the National Lawyer's Guild and other groups is that the CDO policy change was motivated by an attempt to avoid the controversy and confrontations generated by JAG's stated policy of discrimination on the basis of sexual orientation, age or physical disability. The administration has denied harboring such motives, claiming instead that their attempt was to avoid excessive promotion of overtly discriminatory employers. However, in response to student outrage, the law school administration has agreed to forego the implementation of such practices in future CDO dealings with JAG and similar employers. In the fall of 1988, the term "sexual orientation" was added to the faculty statement against discrimination, in compliance with the 1987 amendment of Governor Cuomo's Executive Order 28. In doing so, the Law School effectively prevented groups such as the JAG Corps and the FBI from using the Career Development Office to recruit students at ÜB. University President Steven Sample moved at the end of the spring semester of '89 to rescind the policy as an instance of the Law School overstepping its authority. This was the first time in 14 years that Sample had taken an active step in determining law school policy on employment discrimination. The law school's acceptance of JAG on campus was cast into further doubt with the recent amendment of the Association of American Law School's bylaw prohibiting employment discrimination to include "sexual orientation." SBA To Hold Grade Policy Forum The SBA is seeking broad student participation in the March 1 forum concerning the 'H/Q' grading system, in contemplation of submitting the issue to the student body in a referendum or a petition drive later this semester. The current 'H/Q' grading system has been in effect since 1974, although a similar system was used from 1969-1973. The '69 system used an additional 'HD' grade which represented the highest possible grade at the school, "Honors with High Distinction." The 'H/D' designation was dropped in 1974. by Gary B. Ketcham Staff Writer Desmond Moot Court Winners Sandra Wallace and Stacy Glover Students Honored By City Council The UB Moot Court Board is very proud announce that the winnersof the Third Annual Charles S. Desmond Memorial Moot Court Competition held in the fall semester of 1989, Ms. Sandra WallaceSmith and Mr. Stacy Glover, were honored by the Buffalo City Common Council for their outstanding achievement as the first African-American team to win the intramural competition of the State University of New York at Buffalo School of Law. to by Jeff Markello Photography Editor On January 30, 1990, councilperson Arthur Amos awarded Sandra and Stacy with proclamations in the City Council's Chambers on the thirteenth floor of Buffalo City Hall. These third-year law students were officially recognized for their achievement and contribution to Buffalo's minority community and the city at large. Sandra and Stacy are to be congratulated for the honor that they have brought to themselvesand the UB School of Law. Additionally, the Moot Court Board is pleased to announce that this semester, it is sending seven teams of student advocates to other law schools to represent the UB Law School in national competitions. Among those teams are Kathleen Doyle and Nan Clingman, who recently performed admirably in the Polsky Criminal Law Competition sponsored by the Temple University Law School. Other third-year board members Margaret Barton, Christina Berninger, and James Kennedy will participate in a Bio-ethics competition at Georgetown University. Also coming up in April is the Prince Invitational Evidence Competition at Brooklyn Law School where UB will be represented by Elpiniki Moumoulidis and Kimi Lynn King. Third-year honorary members John Wenzke and Linda Salmon travel to the University of North Carolina at Chapel Hill Law School to compete in the Braxton Constitutional Law Competition. Also, honorary member Ginger Schroder is teaming up with associate member Kimberlianne Podlas for the Entertainmentcommunications Competition at Cardozo Law School. Among other associate board members representing ÜB, Rachel Kane and Pierre St. Hillaire will compete in the Gabrielli Family Law Competition in Albany, and Brian Lauri joins James Sacco for the regional event of the National Appellate Advocacy Competition, also at Albany. All the teams have submitted their briefs and are enthusiastically looking forward to the oral advocacy portions oftheir respective competitions. The UB Moot Court Board and law school community wishes them all the best of luck. As a result, undergraduate and law students organized to put pressure on Sample's office and to raise public awareness of the school's inertia in the face of JAG's discriminatory policies, as well as therise in the incidence of homophobic literature and attacks, following Sample's action. The 'Anti-Discrimination Coalition's' most dramatic actions included a demonstration which blocked an attempt by the FBI to recruit on campus last April, and a march on Sample's office in October '89. One law student who interviewed with the JAG on February 12th stated, "To be honest, I was glad that I wasn't denied an interview with a summer employer only because certain students are against their hiring policy. In fact, I hope that CDO will never act as a manipulative vehicle directed at reforming legislation." The CDO's decision has been impli(continued on page 7) The current 'H/Q' grading system is explained in a legend which accompanies all official transcripts sent out by A&R (officially entitled, "Grade Key Explanation"). The legend, in part, reads as follows: Superior work significantly H Honors better than the normal range of perfor- — mance Q Qualified — Professionally qualified work within the normal range of performance D Marginal Acceptable for academic credit but below the normal range of performance may submit favorable * Instructors evaluations of student performance. Written evaluations are especially encouraged when a letter grade will not adequately reflect relevant aspects of the student's performance. At the bottom of the legend is a special note which reads, in part, "Our grading system was designed with the express intention of alleviating grade competition and has been highly successful." The purpose of the forum is to discuss the pros and cons of the current 'H/Q' grading format, and to explore the plausible alternatives. Chief among those alternatives are the Traditional Grading System' and the 'Pass/Fail' system. Other issues likely to arise at the forum pertain to fundamental notions about 'competition' itself... Is all competition bad? What kinds of competition are constructive? What are destructive? Does the current grading system mitigate competition at all, as the notation proclaims? What hard evidence is there to support the claim that the current 'H/Q' grading system "has been highly successful" in "alleviating grade competition"? Is a special — grading system really necessary to bridle cut-throat competition? Is the "Q*" system really fair when many instructors do not acknowledge it or use it? With the focus on the various grading systems, both current and plausible, any matter is an issue which is put at issue at the forum, and students and faculty are urged to share their insights and suggestions at this forum. Because of the extreme importance of this issue, which impacts on every student at the law school, the SBA strongly encouragesthe greatest level of participation possible. As stakeholders in this issue, students should take advantage of this opportunity to direct their own fate on an issue of fundamental importance to all of us. A panel discussion will launch the forum into the issues, with one or more predesignated persons presenting the merits of each ofthethree leading alternatives for a grading system. This will be followed by open discussions from the floor. At this time people are invited to express their own views, ask questions of the panel members, present their own proposals, etc. The forum will have a moderator. Both faculty and students are invited to participate. Refreshments will be provided. Anyone interested in presenting the merits ofany of thethree grading systems mentioned (or some other plausible alternative) as a panel member please contact Chris Reo, Jennifer Latham, Mark Hirshfeld or GaryKetcham as soon as possible. The forum will be held Thursday, March 1 at 5:00 p.m. in O'Brian Hall, room 108. HIGHLIGHTS "Work A Day In The Public Interest" fund drive to kick off page 3 Alumni Convocation and Presentation of Jaeckle Award to be' held March 10 page 4 .. Finally ... What to do with your old copy of The Opinion pagi' '•> �Jip i -' ife® life MPRE MmM ** * EX/kMI Friday, March 16, 1990 (Happy St. Patrick's Day!) PIEPER NEW YORK BAR REVIEW'S one day seminar will be offered 9:OO a.m. to 4:30 p.m. NEW YORK CITYUVE: SATURDAY, MARCH 4, 1990 TAPE AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, NASSAU, ALBANY, BOSTON, BUFFALO, SYRACUSE, WASHINGTON: Saturday, March 10, 1990 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREE to students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is February 16, 1990. The exam fee is $25.00. Late registration will be accepted until March 7, 1990, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 7, 1990. For more information contact yourLaw School Pieper Rep or 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-4311 PIEPER REPS: 2 The Opinion February 28, 1990 MIA PARK BARBARA SCHAUS ELIZABETH BANNIGAN �THE GOLDCARD: A SPECIAL MEMBERSHIP OPPORTUNITY FDR GRADUATE STUDENTS EXCLUSIVELY Take advantage ofthis special opportunity to become a Gold Card member. American Express will approve your application based upon your status as a graduate student. Your acceptance will not be dependent on employment and income history. Aslong as you have no negative credit history and no negative American Express experience, you can soon be carrying the Gold Card. And you need only call to apply. Any time, day or night, 24 hours a day. There is no lengthy application to complete. Once you receive the Gold Card, you can begin enjoying the many benefits of this distinguished membership, including: Worldwide check-cashing privileges. Emergency Card replacement (usually by the next business day). A complimentary 24-hour, toll-free travel service. As well as insurance protection for your Gold Card purchases. The Gold Card. Available to you now on this exclusive basis from American Express. Call today to apply. The GoldCard" MtßSk An AmencanExpress company , 1-800-648-4420 © 1989 American Express TravelRelated Services Company, Inc. February 28, 1990 The Opinion 3 �Kannar Appointed To State Commission On Ethics Professor George Kannar has been appointed by Governor Mario Cuomo to serve on the Temporary State Commission on Local Government Ethics. out the provisions (of the statute)", which includes the power to subpoena witnes- by Ted Baecher Staff Writer The Commission, which was formed pursuant to statute (General Municipal Law, Article 18, Section 813 [McKinney's 1990]), is designed to monitor the functioning of a New York law which requires financial disclosure by local government officials (General Municipal Law, Article 18, Sections 811-812 [McKinney's 1990]). The Commission will advise the governor and legislature regarding implementation of the law, its effectiveness, and whether the statute needs any change. The financial disclosure law and the Commission were formed in response to a perception in the state capital that some sort of financial monitoring of local government officials was needed, especially in light of the recent Parking Violations Bureau scandal in New York City. According to the statute, the Commission shall, among other responsibilities, "(r)eview completed financial disclosure statements ... (a)ct as a repository for completed financial disclosure forms ... (and) (c)onduct any investigation to carry George Kannar ses and to require the production of certain books and records. Although the Commission does have enforcement powers, it does not, said Kannar, "have a broad ranging mandate to root out corruption." Atthis time it "still remains to be seen whether enforcement focuses on accuracy of the financial statements or whether the financial disclosure forms have been filed at all." Kannar said that allegations are already being received from around the state regarding various alleged ethical improprieties, and that the commission has received a number of inquiries as to what exactly the financial disclosure law entails. The Commission is now in the process of establishing policy as to how to deal with both these items. The Commission is composed of nine members, five of whom are appointed by the governor, and one each by the two parties in the State Assembly and Senate. The members of the Commission receive no compensation, except for reasonable expenses incurred in the performances of their duties. Commission members serve for a term of four years. Henry Miller, a private practitioner in Westchester County and former president of the State Bar Association, chairs the Committee. Among the Committee's other members are representatives of the business community, a retired state court of claims judge, and the head of District Council 37 in New York City. The Commission, according to Kannar, is still in the process of setting up a staff and establishing priorities. An initial focus of the Commission will be to inform local government officials of the provisions of the statute and to receive feedback from them regarding the various disclosure requirements. In addition, the Commission will act as a "channel through which any regulations or oversight monitoring operations are conducted". Kannar said that the Commission has already heard criticism from its advisory body (which is also established by the same statute) that the financial disclosure ■required by the law is detailed and burdensome and may sweep too broadly. The advisory body is concerned that such disclosure will dissuade good people from becoming involved in local government, which is not generally highly compensated work. The advisory body is also concerned that the statute treads a lot upon a sense of civic duty and civic virtue and that the complexity of the disclosure forms may infringe upon privacy interests. These types of concerns are important to the Commission and are the types of issues the Commission will think about and discuss over the next couple of months, Kannar said. Alumni Convocation To Feature Presentation To Newhouse A panel of legal experts from a variety of specialty areas will discuss "Marriage, Divorce, and Death: The Impact on Business and the Professions" at the 14th annual UB Law Alumni Convocation. The morning-long symposium will begin at 8:30 a.m. on Saturday, March 10, at the Center for Tomorrow on the UB North (Amherst) campus. by Ilene Fleischmann Executive Director UB Law Alumni Association At a luncheon at 12:15 p.m., immediately following the convocation, Wade J. Newhouse, professor of law, will receive the 1990 Jaeckle Award. Named for UB alumnus Edwin F. Jaeckle, Class of 1915, the award is the highest honor the Law School and the Law Alumni Association can bestow. It is given annually to an individual who has distinguished herself or himself, and has made significant contributions to the law school and the legal profession. Past recipients include Hon. John T. Curtin, Manly Fleischmann and Hon. Michael F. Dillon. A former dean of the UB Law School, Newhouse has been a faculty member since 1958. He has served as associate dean, directorof the law library and director of the Edwin F. Jaeckle Centerfor State and Local Government. The University of Michigan Law School graduate has written several books and published numerous articlesand book re- views in law journals. He is a member of the Mediation and Fact Finding Panel and the Arbitration Panel of the New York State Public Employment Relations Board, the Labor Panel of the American Arbitration Association and the Labor Panel of the Federal Mediation and Conciliation Service. In discussing a hypothetical case, the convocation will address the issues of marital property, business and estate planning and how New York compares to alternate systems. Linda J. Nenni '83, and Thomas M. Ward, '66, serve as co-chairs of the convocation committee. Robert B. Moriarty, '68, of Moriarty & Condon, will present the hypothetical. In addition, panelists and topics are: Joyce E. Funda, '83, of Funda & Munley, and Paul I. Birzon, of Birzon, Zakia, Stapell, Olena & Davis, and an adjunct professor of law, who will discuss "Basic Concepts of Marital Property." Gayle L. Eagan, '85, of Jaeckle, Fleischmann & Mugel, Ann E. Evanko, '79, of Hurwitz & Fine, P.C., and GeorgeZimmermann, '49, of Albrecht, Maguire, Heffern & Gregg, P.C., and an adjunct professor of law, will explore "Business and Estate Planning." Kenneth F. Joyce, professor of law, and director of the N.Y. State Law Revision Commission, will examine "New York Compared to Alternate Systems." In addition to Nenni, Ward, and the panelists, other convocation planning committee members include law profes- Jaeckle Recipient Wade Newhouse sor Dianne Avery, '83, Matthew J. Plunkett, '83, Tricia T. Semmelhack, '74, Paul J. Suozzi, '79, Hon. Robert E. Whelen, '70, Helen W. Zimmerman, '81 and llene R. Fleischmann. The Law Alumni Association has invited all law students to attend the morning program free of charge. Students must sign up by March sth in the alumni office 320 O'Brian Hall so that adequate written materials and breakfasts can be prepared. Those students who want to stay for lunch and the presentation of the Jaeckle Award are also invited to sign up in the alumni office for a lawfirm "scholarship." Many area law firms buy tables, and often — — have places available for law students. For non-students, the fee is $35 for 1989-90 UB Law Alumni Association members who have paid their annual dues and $45 for all others. The fee includes program, Continental breakfast and lunch. Even if you cannot attend, please consider sponsoring a law student. Firm tables for eight are available for $320. Please make checks payable to the UB Law Alumni Association arid mail to: UB Law School Alumni Office, 320 JohnLord O'Brian Hall, Amherst Campus, Buffalo, NY 14260. Questions? Call llene Fleischmann at the Law School at 636-2107. Talk Given On The Plight Of The Working Black Women Judy Scales-Trent and members of her Women of Color class welcomed Charlotte Rutherford, Esq. to speak on: "Black Women and Low Paying Jobs: Is Litigation the Answer?" This presentation was held on February 23, 1990. by Sandra Williams Staff Writer the economics of working poor, especially black working women. Working women are defined as women who can't make enough money to raise themselves to the poverty line." Ms. Rutherford stated that black women are affected both by sexism and racism. At a time of a severe limited employment market, these women seem to maintain the positions held during slavery; those of cooking, cleaning and washing. She further argues that the women's movement has failed to include issues that are important to low-income working women. Though there has been an attempt to move women up from the traditionally held positions, basic problems of child care, medical care arid problems associated with low income households are not addressed. "Civil rights efforts were not focused on these issues because they were not considered race related issues. Problems Ms. Rutherford has been on staff at NAACP Legal Defense Fund organization since 1985. The Legal Defense Fund is a non-profit civil rights firm which was the legal arm of NAACP but is no longer a part of this unit. The organization attempts to enforce non-discriminative practices in housing, employment, education and capital punishment. As an Assistance Counsel and Director of Black Women's Employment Program, part of Ms. Rutherford's responsibility is to "craft strategies that are supposed to improve The Opinion February 28, 1990 4 of black women were not considered separate from problems of race generally." Charlotte also points out that women have improved in the type of positions they have held since the 1980s, however overall, black women still lagged behind other groups in their medium income. Ms. Rutherford proposed that litigation has been frequently used to alleviate the problem but this might not be the answer because there are always other ways to circumvent this process. Litigation mainly addresses one particular subject or concern, that is women wanting to move up the corporate ladder, and not necessarily the problem of those in low paying positions with thechild care problem, medical insurance and low income concerns. She further argues that "in order for litigation to be effective there must be a job available and a person bringing a lawsuit must have the qualificationsto fill that position." She pointed out some of the uses and changes of Title VII to the Civil Rights Act of 1964 to facilitate this problem of hiring and promotion. However, 3.7 million employers are not covered by Title VII because they need to have 15 or more employees beforeTitle VII can apply to them. Also addressed were the proposed new changes to be incorporated into the Civil Rights Act of 1990. The 1990 Act proposed in Congress will address the issue of the seniority system that white males have faced and the statute of limitation for women in filing discrimination complaints. Ms. Rutherford proposes legislation in opposition to litigation in addressing the concerns of child care and medical insurance in addition to other low income concerns. Further strategies she would like implemented would be (1) the need for child care, not just custodial but educationally eniched care; (2) not just tax credits but a subsidy that is continu(continued on page 8) �Lecture Given On The Problems ofImmigration To The U.S. George Gurevich told of the roadblocks he had encountered in trying to help his father, 69-year-old David Gurevich, get from Russia into the United States. Michael Berger, a Buffalo immigration attorney, spoke of the legal case in which he appealed a decision by the U.S. Immigration and Naturalization Service to deny the elder Gurevich's application. These were among the topics presented in a lecture, titled "Topics in Immigration Law: Problems of Entering the U.S. Refugees and Asylum," held Tuesday, February 20, in O'Brian Hall. Seventh Day Adventists, Pentecostals, Armenians, and Jews. With the advent of glasnost Russia loosened its policy, granting leave to anyone from these four groups who applied. All along there was a presumption that these people were lowed to enter the U.S. or if they were outside the quota and had to go to a third country. However, before this quota was implemented, 4500 people who left Russia believing they could emigrate to the United States were denied entry and — by Erin Wolfe The formal criteria which a person must meet in order to gain refugee status in- clude thatthe person have a well-founded fear of persecution, be outside the country of residence in which the persecution might occur, and be outside of the United States. To become an asylee, only the first two criteria must be met. Although the government's definition of"well-founded fear of persecution" is rather lenient (a person does not need to prove that the probability of persecution is greater than fifty percent), there is more than just definitional requirements at play when the U.S. government considers applications for refugee status. That extra consideration, according to Berger, is economics: the question is not simply whether a reasonable fear of persecution exists, but whether there is money to pay for the applicant's resettlement and where that money is to come from. Because of Berger's involvement with the Gurevich case, and also because of George and Paul Gurevich's guest appearances, the discussion centered mostly on the issue of Russian immigration in the United States, although the circumstances of refugees from other countries were also mentioned. From 1978 to mid-1989, Russia slowly gave in to pressure from the U.S. in allowing four groups of refugees to leave: George Gurevich, Paul Gurevich, and Michael Berger being persecuted such that the policy of the United States was to accept any of these refugees which Russia would allow to leave. When the number of refugee applications increased in mid-1989, a problem was created in the United States: there was not enough money available for processing all of these refugees. Many applicants were subsequently denied refugee status in the U.S. regardless that the presumption of persecution still existed. It was now a question of economics. In answer to the increased demand, the U.S. implemented a ceiling of50,000 Russian refugees per fiscal year; when a Seventh Day Adventist, Pentecostal, Armenian, or Jew applied to leave Russia, they were notified if they would be al- found themselves abandoned in Italy. With $100 in their pockets and summer clothes in their bags, these people were stranded in Italy with no idea of how their situation would be resolved. Trying to remedy this situation, the U.S Immigration and Naturalization Service was required to reviewthe 4500 cases that had been denied. 4250 of these were admitted into the U.S. upon review. The majority of the remaining 250 cases was made up of people who had served as officers in the Red Army because of their background in medicine or teaching. Anyone who served in the Red Army—voluntarily or by coercion was understood to have been in the Communist party. On the basis of this membership perhaps regardless of the nature of the participa- — — — tion in the party 250 Russian refugees were denied admission into the United States and remain in Italy to this day. Yet, even this decision is not final. These cases are now on review by INS once again. David Gurevich is one of the 250 people who are still being deniedadmission into the U.S. He is currently living with eleven other people in a small room in Ladispoli, Italy. He has a heart condition and is in frail health. David Gurevich's case is up for review within the next few weeks. His service in the Red Army was linked to his background as a physics teacher; he was not a member of the Communist Party voluntarily. The family of this 69-year-old grandfather, who moved from Russia to Buffalo last year, are asking support from the Buffalo community to request theelder Gurevich's admission into this country. George Gurevich explained that he is encouraging a letter-writing campaign on his family's behalf. If you would like to reunite David Gurevich with his family, write a letter to the addresses listed below. Ask them to grant David Gurevich, file #A70231247, refugee status so that he may be permitted to come to America (and join his family in Buffalo). The two addresses to write to are: Karen Davis 1501 Long worth Buidling Washington, D.C. 20515 Benedict J. Ferro District Director U.S. Immigration and Naturalization Service Via Veneto 121 Rome., Italy The lecture was followed by a question and answer session, in which lecture attendants were able to question both Berger and Gurevich specifics about their backgrounds and relevant experiences. Michael B. Berger might be a guest lecturer at the upcoming Human Rights week. The schedule for Human Rights Week will be posted shortly. Spring Semester Discount $SAVES When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class off 1990 Class off 1991, 1992 & 1993 1990Regular Tuition $1145 $895 New York New Jersey Massachusetts, Conn., Maine, $995 YOU PAY Spring Semester Discount Ajaa y 1990 Regular Spring Semester Tuition Discount ONLY $1045 $795 I \J\J $895 $1145 $895 New York New Jersey Massachusetts, Conn., Maine, NH.RIorVT NH.RIorVT $995 20 Park Plaza, Suite 930 212/594-3696 617/695-9955 201/623-3363 — $1020 $770 y I £v — / ONLY Ajap $1225; New England Anticipated 1991 Tuitions: New York A $50 REGISTRATION FEE RESERVES THIS PRICE. 415 Seventh Avenue, Suite 62 YOU PAY _ <M/§ $870 — $1075; New Jersey — $975 B J/A A ft AA WkA B^JBk. yA W - # . -M I BAR REVIEW February 28, 1990 The Opinion 5 �The Opinion Mailbox Ex-BARBRI Customer Miffed STAIK UNIVERSITY OF NEW YORK AT Rl ,'FKALO W :HtX)i OF LAW February 28, 1990 Volume 30, No. 10 EDITORIAL BOARD: Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Photography Editor: Donna Crumlish Andrew Culbertson Maria A. Rivera Bruce Brown Michael D. Gurwitz JeffMarkello EDITORIAL: Lawyers Are Responsible For Their Own Reputations To The Editor: FACTS: On Sunday evening, February 11, I received a phone call from a BARBRI representative asking if I had received the latest mailing. I told her that I did receive it, but that I was no longer a BARBRI member. I explained to her that I had dropped the course last October, and was now taking the PIEPER program. No sooner had I hung up with her, when I received another phone call. This time it was from Steve Rubin, Associate Director of BARBRI I was not greeted with a warm hello or an apology for interrupting my Sunday evening, but was rather rudely told that I owed BARBRI money. I could not imagine what Mr. Rubin was talking about until he asked me if I was in possession of the BARBRI study books. As far as I knew, I paid BARBRI $100 last March for the books. I immediately thought BARBRI had lost my $100 check this being the money that Mr. Rubin said I owed. Rather than politely explaining what he was talking about, Mr. Rubin very rudely raised his voice to me and began reciting what sounded like a policy statement from some sort of form. The gist of this statement said that the $100 was a partial payment for the books whose total value is $495. Realizing my misunderstanding and believing that I must have overlooked this book payment policy amongst our correspondence, I told Mr. Rubin that if it was the books that he wanted back then I would return them to one of the school's representatives. And it was not untilI told Mr. Rubin that I thought he was very rude — . Once again, lawyers meet another road block in the attempt to raise their respectability to a higher level than that of used car salesmen. Last week White House spokesman Marlin Fitzwater was asked if President Bush was criticizing lawyers when he called for reform in the U.S. medical malpractice system. One of the things Fitzwater said was that ". lawyers certainly deserve all the criticism they can get." He added that such feelings are held by anyone who has ever dealt with the legal establishment. Most of us undoubtedly have come into contact with friends and relatives who subscribe to the "kill all the lawyers" theory and although we try hard not to take offense it becomes increasingly difficult to brush off crude remarks about the legal profession. We are all in law school for different reasons; some of us have no interest in the money-making potential that the legal profession offers, some of us have no interest but the money-making potential that the legal profession offers, some of us simply think we would enjoy lawyering as a career and some of us have no intention of lawyering at all. No matter what our future plans, most of us do not think of ourselves as the sneaky, underhanded, cold-hearted individuals that people like Marlin Fitzwater make us out to be. Now, there are some of us (lawyers and lawyers to be, that is) who at one time or another have subscribed to the "kill all the lawyers" theory ourselves with respect to specific individuals or categories of individuals. Usually the individuals in question are sneaky, underhanded and coldhearted. These are the people we want to ferret out of the legal profession and we are wise to subscribe to the "kill all the lawyers" theory in this respect. But, when asked about the difference between us and them we should make it clear that they are sneaky, underhanded and cold-hearted and we are kind, up-front and caring. The point that most needs to be made is that, as individuals, we should do as much as possible to make the "kill the lawyers" theory a thing of the past. The most effective way to do this is by our actions. By being the best lawyers we can and actively demonstrating that our clients come first, it will become more and more difficult for our friends and acquaintances to make crude remarks about our chosen profession. Marlin Fitzwater and the other "kill the lawyers" theorists will continue as they are provided ammunition with which they can attack. It should be our job to cut off their supply of ammunition by striving to be principled individuals as well as principled lawyers. Maybe someday lawyers will be able to move a notch above used car salesmen in the respectability scale. to survive as long Christina A. Agola, Ted Baecher, Nathaniel Charney, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketcham, Darryl MacPherson, Jim Monroe, Maria Schmitt, Sandra Staff Williams Contributors: llene Fleischmann, Andrea Sammarco, George Snyder, Erin Wolfe 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by theEditorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. The deadline for the next issue of The Opinion is Monday, March sth at 5:00. Please put all submissions in boxes 59 or 60. Due to spring break this issue will not be published until March 21, 1990. The Opinion February 28, 1990 6 about the whole situation that his demeanor had changed. He did apologize for his behavior and the misunderstanding, and said that he just had a bad day. After the apologies, Mr. Rubin proceeded to inquire about my involvement with PIEPER. He asked me if I had attended the Saturday/Sunday sessions by PIEPER and if I was pleased with the setup, because he had "heard lots of grumbling" about it. I told him I attended the sessions and was very satisfied with the program. Our conversation finally ended when Mr. Rubin asked me if I was beyond persuasion and I reassured him most de- finitely. OPINION: Although Mr. Rubin had apologized a number of times for his rather harsh behavior towards me, I feel that he is a very obnoxious, rude and unprofessional gentleman. His attitude was most unbusinesslike. I suggest that if Mr. Rubin would like to continue in his present position he learn not to speak with clients or potential clients on his bad days because he is a total turn-off.Even if I had not been beyond persuasion as to my choice of bar review courses, Mr. Rubin would have certainly made up my mind. I would not do business or have anything to do with Mr. Rubin or the association he so grossly represents. For those of you taking the BARBRI course, I pity you because you will not be working with people who really care if you pass the bar, but rather with people who care if you paid your bill. Wendy A. Urtel Third year student Policy in Panama Criticized To the Editors: The military action by the United States against Panama that began on December 20, 1989, which killed thousands of Panamanians, represents the worst of policies in the long run. The invasion violates the rules of international law on the use of force between states. It violates Article 18 of the Charter of the Organization of American States, which prohibits intervention "for any reason whatever, in the internal or external affairs ofany other State." It also violates Article 24 of the Charter of the United Nations, which prohibits the use offorce "against the territorial integrity or political independence of any state." The United States signed these charters and is bound to them through the treaty clause of the U.S. Constitution. Each of the justifications put forth by the administration to justify the invasion fallsfar short under thestandards ofinternational law. Among the reasons cited by Secretary of State James Baker was information in the hands of the United States, which even he described as not being "solid," that General Noriega intended to initiate "commando" attacks against U.S. civilians in Panama. Such vague intentions do not provide a reason to use force against Panama under the U.N. and OAS charters. Nor is the desire to restore democracy a ground for the use of force by one state against another under the two charters. The restoration of democracy is a job for the Panamanians themselves. Furthermore, there is little reason to believe that democracy in Panama has ever been a true objective of the United States. The Noriega regime is a result of a misguided U.S. foreign policy, which brought him to power, protected him from losing power as a result of democratic elections in 1984, and paid him for intelligence activities and cooperation with illegal Contra operations. The United States has much to answer for, but military intervention only compounds the errors of the past and increases the suffering of the Panamanian people. It also says to the world that our repudiation of the rule of law, as seen by the invasion of Grenada and the contra coupled with our unwar in Nicaragua lawful rejection of World Court jurisdiction over Nicaragua's complaint— are not isolated incidents. The issue is not whether we like or dislike a government or even whether the citizens of an oppressive government like or dislike their own government. What is at stake is the principle of the right of all countries to self-determination. The principles of non-intervention and the rule of law are recognized by most of thecivilized world, and countries across the political spectrum have justly condemned the U.S. intervention. It is up to the Panamanian people, not the barrels of U.S. guns, to decide what to do about Noreiga. The National Lawyers Guild — Harrassment Condemned; Tolerance Urged To The Editor: Over the last four months, pro-Palestinian stickers on a law student's locker have been repeatedly defaced and destroyed. We recognize that the debate over the Israeli-Palestinian issue is marked by sharp disagreement and bound to arouse emotions; deep national and communal commitments are at stake on both sides. We, ourselves, are committed to a secure Israel and to the vital importance of the Zionist ideal for the life of the Jewish people, but we know that a just peace between Israelis and Palestinians can never be reached by shutting out the view of the Palestinians. Neither the personally hostile tone of the comments graffitied on the stickers, nor physical interference with this student's expression of pro-Palestinian views constitute productive contributions to the debate or even protected political speech. We condemn these incidents as acts of harrasment. Last year, posters that we put up around the law school to publicize Israeli cultural and political events on campus were defaced with anti-semitic slogans and destroyed. No one was ever caught nor was any official action taken. In the case of the pro-Palestinian stickers, the administration has had ample notice of the destructive acts but has taken no public action in response. We find such hostility to be completely inconsistent with the kind of atmosphere that should be fostered at this law school and ask that the administration publicly condemn these and other similar acts. The Jewish Law Students Association �GROUND ZERO Andrew Dice Clay Is An Ulcer In The Stomach ofLife It was a dark and stormy night. I was in a theater eerily full of people, waiting for Nightbreed to start. I was oxidizing in anticipation waiting for Shuna Sassi, the porcupine woman, and Leßoy Gomm, that eyeball-sucking clown prince of darkness, to show their monstrous faces when lo! a horror befell me, one which turned my blood to three D's and a Q*. My mind screamed in rejection of the hideous image which reared before me like a third semester of Research and Writing! For there, 8 feet across in its repulsive glory, was the face of Andrew Dice Clay. The promotion of The Adventures of a Ford Fairlane has begun, and life, as we know it, will never be the same again. by Michael D. Gurwitz Features Editor Call me crazy, call me goofy, but I just can't accept the idea of a misogynistic, homophobic, racist, obnoxious piece of Getting On Law Review In a few weeks, some members of the first year class will embark on the tedious task in pursuit of the 'coveted' membership on the Buffalo Law Review. The trek referred to is the "Casenote Competition," which is held both during the Spring break and at the end of the Spring semester. Since considerable effort is expended in this pursuit, and in light of the fact that many expectations have been heightened by the characterization of this gauntlet as a "Casenote" competition, it is important that first year applicants have a correct understanding of the criteria relied upon in the selection process, i.e., an understanding sufficient to generate a realistic picture of the odds that they will be confronted with. by Gary B. Ketchum Staff Writer "Approximately 10% of the incoming second year class may be offered a position on the Review" [Buffalo Law Review Constitution, Art. 5, §19(a)]. Last year, 38 students were initially admitted to the Review, considerably more than the 10% (27) delineated in the Constitution (First Year class size was approximately 270). The Review uses the following three separate, distinct valuation systems for measuring threshold criteria for admission: (1) "a score consisting of grades and competition papers, each of which shall constitute, afterstatistical weighting, onehalfof the score" (Art. 5, §19(c). Buff. L.R. Const.) (emphasis added), (2) Casenote scoring alone (known as the "write-on program") (Art. 5, §19(d), Buff. L.R. Const.), and (3) Special Circumstances consideration for those studentswho can demonstrate that they are representative of a class of persons who have been racially and/or economically disadvantaged, "or otherwise handicapped" by their circumstances. The percentage of students selected from this category shall correspond with the attendance ratios prevalent in the first year class in toto. The purpose of this third category is "to counteract the apparent unintentional racial and class biases in the selection process" (Art. 5, §19(b), Buff. L.R. Const.). It is much to the credit of the Review's Constitutional drafters that they had the insight and the honesty to acknowledge the inherent cultural bias embedded in the selection process by citing this fact as the basis for the Special Consideration category (see, e.g., Nader/Nairn report, "The Right of ETS..."). This contrasts with the errant conjection that affirmative action type programs are merely racial debtreparation programs (see, e.g., Antonin Scalia, "The Disease as Cure...", Wash. U. Law Quarterly, 1979:147 #1). Perhaps this contagion of enlightenment will spread further so to address other inherently inequitable featuresof the selection process. Confusion arises as to how many students are selected from each category and how much weight is given to the writing component. The questions are usually couched as: "Do I have a realistic chance of getting on Law Review if I have mostly 'Q' grades, but I do well on my casenote?" The answer to this question, looking at the facts which are available, appears to be that those chances will be slim although Jeff Williams, the Editor-in-Chief of the Buffalo Law Review, vigorously dissents from this conclusion. Unfortunately, Williams was partially unwilling ... and partially unable to supply any statistical data which would justify his more optimistic conclusions. Last year therewere only two (2) "writeons" out of 38 first years who were admitted to the Review. That fact decisively quashes any notion that the three categories are treated with any equanimity. Asked why the "Write-on" component was not given an equal footing with the other two categories, given the fact that writing skills are central to the issue, Williams replied that the Review is under pressure from the legal marketplace to weight the selection process in favor of the grading criteria. According to Williams, "The big firm market would not take the Buffalo Law Review very seriously if it wasn't based substantially on grades." Yet, ironically, Williams openly conceded that law firms and Law Reviews are more concerned withthe student's writing skills than anything else. Neither Williams nor Erin Ringham, the Executive Editor, could account for this incongruence. If one accepts the argument that grades translate as adequate indicia of writing ability (a thought repugnantto many serious legal writers), then why have a Casenote Component at all? The more likely explanation is that, just as withthe 'Special Circumstances' category, the Review recognizes an in-built bias in the grading system against many serious, deliberative legal writers who are not favorably disposed to the nano-second 'barf and run' spring format indigenous to the prevailing testing procedures. While the Review has gone to great lengths to foster the impression that the selection process is a 'writing competition,' (they call it the "Casenote Competition"), the reality of the situation is that the threshold issue is one of "Grades," and the issue of writing ability arises primarily as a means of settling the close calls among those with stellar grade performance. Williams contests this view, arguing that the writing component is given sufficient weight in the first selection category. The first selection category provides for a 50/50 scaling of grades and casenote writing, AFTER STATISTICAL WEIGHTING has been applied. This means that these are self-validating terms which leave us in the dark as to how the values are assigned to the writing component relative to the grades component. If the valuations of the writing component are skewed in deference to the grading component, then a subsequent 50/50 scoring treatment is little more than black humor with loaded dice. Unfortunately, Ringham and Williams refused to disclose the employed calculus for formulating the first category scoring. The resulting evidentiary void keeps us in the dark on the matter, while availing the Review of the superior position of controverting this hypothesis without having to make a prima facie statistical showing to support its contention. Williams and Ringham stated that the 'Q*' grade is given greater weight than a 'Q' in the grades scoring component of the selection process. Last year, only one instructor in §1 gave the 'Q*' grade, while numerous instructors in §3 gave the 'Q*'. Last year seven (7) people each were selectedfrom §1 and §2, while twenty-two (22) were selected from §3. The prior year a similarly disparate number of members were admitted from §3. Williams insists that the impact of the 'Q*' weighting is (continued onpage 8) mindless scum like Andrew Dice Clay getting star treatment in a major motion picture. This man's "comedy" routine is based on hatred against the traditional victims in our society. Clay is famous for his infantile reworking ofnursery rhymes. One of his popular gags goes like this: "Jack and Jill go up the hill, each with a buck and a quarter. Jill came down with two-fifty." Gee, "Diceman", are you implying that Jill beat up Jack and stole his money? Or is it that Jill sold herself like the whore that she and all women are? Your audience, typically composed of young men, surely knows, and they approve. Clay has said that it's all an act, that he doesn't really believe the hatred that defines his jokes. This is like saying: "Well I didn't hit that woman with a baseball bat because I hate lesbians, I only wanted the guys to like me" (or "Well, I didn't invade that country because I hate dictators, I only wanted to be popular.") Whether Clay believes what he says or not is irrelevant the damage is done. His audience hoots and hollers and finds reinforcement for their own bigotry. The more popular Clay becomes, the more legitimate blatant hatred of women, gays, and other disenfranchised groups becomes. Funny that Clay, a Jew, never cracks any anti-Semitic jokes. Perhaps he realizes that words can hurt and have been known to kill. That a major studiowould promote garbage like Andrew Dice Clay is indicative both of the corrupting power of money (Clay is reputedly the hottest comic in the land of the spree and the home of the knave), and of a rising numberand acceptance of hate mongering entertainment. One of the hottest heavy metal bands, Guns 'n Roses, is fronted by a jerk named Axl Rose who decries "niggers and faggots." Public Enemy, an influential rap band, spouts anti-Semitic trash through the mouth of Professor "Jews are responsible for the majority of wickedness is the world" Griff. Skrewdriver, a skinhead band, screams songs celebrating fascism and condeming blacks, Jews, gays, immigrants and other favorite targets of the neo-nazi followers. Ripper, a comic book. — JAG Corps . portrays blacks as bulging-eyed, balloon lipped thieves and rapists. Sam Kinison screams epithets at the silicone enhanced T & A of a half-naked Jessica Hahn in the music video of "Wild Thing". Perhaps we should outlaw these antisocial opportunists, make it a crime to preach hate and violence. Better yet, let's lock them up and smash their operations. When you see a skinhead in the street, a swastika hanging from his neck and steel glinting from the toes of his boots, it is tempting to imagine the police arresting him on the spot, or just executing him plain and simple. After all, that skinhead is not wearing steel-toed boots for your health. Those boots are for smashing in faces and bodies, preferably of gays. Skinheads will admit this, and have, to journalists and others who dare to approach them. It is their raison d'etre. Shouldn't we stop these people before they kill someone? Alas, we cannot. It's a familiar slippery slope. First censor the klan, then the skinheads, and the next thing you know, it will be illegal to refer to Operation Rescue as a knot of women-fearing worms or fur wearers as a collection of slimesucking miscreants. Free speech demands that we tolerate the hateful preaching of bigots. It is the price we pay for an open society. As Lazarus Long once said, "You can have the freedom, or you can have peace, but you can't have both together." I for one choose freedom. But this does not mean that we shouldn't strive for peace. We must meet head on the likes of Andrew Dice Clay and his ilk. Better still, let us boycott them into oblivion! Government can facilitate the movement against hate mongering by passing a federal bias-related violence bill. Provide harsher punishments for those who hurt others because of prejudice. Their victims are historically members of the "subject classes" which this country tries to protect (with the exception, of course, of gays seems that in our government's eyes, their lives aren't worth spit). It is not too much to ask. The alternative is to let the hatred grow until it devours this country. Andrew Dice Clay is only the beginning — from page I cated by members of the NLG and the Anti-Discrimination Coalition as an attempt to quell further dissent. "This action has also denied the fundamental right of all SUNY at Buffalo law students equal access to an opportunity to apply for a job with the JAG Corps," thus making the law school an accomplice to JAG's discriminatory practices, according to Martin Coleman, NLG representative. SBA President Chris Reo agreed that the policy change placed the law school in a precarious position of collusion with the JAG Corps in furtherfostering discrimination at ÜB. Law student Tim Jennings expressed his anger over having missed the opportunity to interview with JAG: "I went down to the Career Development Office a number of times to request an interview, and asked to be informed if and when JAG came on campus, but the CDO policy change effectively denied me the chance to meet with them." GRADE:- G-tTTER PROFILES Jmars, *f& /basic mVKiTZQUILA \ TV SMohtf: la*A7H£-/?' IuUNVAMmm {Lot* yVMIOiTY) to t ALL vsA"-* . Yi/KOU TACK * 7v siVW<s MbOXEA WORLD OF w&KTHER l ESCAU\TItff \bfttEX February 28, 1990 The Opinion 7 �Commencement News Monday & Tuesday March 5 & 6 Voting For: Student Speaker Faculty Speaker Professor of the Year Staff Person of the Year Outside Library Please Vote and Buy a slice of Pizza to support Commencement Activities Black Women ous during the year instead of the individual paying as she goes along and collecting at the end of the year; (3) health coverage for uninsured working women, perhaps a national health legislation to restore medicaid to the working poor that was minimized while Ronald Reagan was in office; (4) pay equity legislation which requires both gender and race analysis; and (5) an education and training program besides JTPA (Job Training Partnership Act) which as it stands is ineffective. A tape with detailed statistics of the wage comparision, historical aspects of women in the workplace, update and use or non-use of Title VII of 1964 Act and the from page 4 proposed new Act that Ms. Rutherford addressed can be borrowed from the A.V. Department. NOTICE TO ALL STUDENT ORGANIZATIONS All studentgroup budget proposals are dueWednesday, March 21 at 5:00 p.m. Please submit the budget proposals to the SBA office or to mailbox #692. Failure to submityourproposal will bar your organization from receiving any funding for the 1990-1991 fiscal year. — Coming Soon Work A Day In The Public Interest Fund Drive A Public Service Announcement by The Opinion. Law Review from page 7 negligible, and he simply describes the §3 students as being more "inspired" than students in the other sections. When asked if he thought it was unfair to give extra weight to the 'Q*' grade when many instructors refuse to recognize that grade, Williams replied that the Review is merely using the grading system which is presently in effect at this school. Williams said it is up to the school to rectify the grading disparities, not the Law Review. Williams stated that he believed a traditional grading system (A,8,C,D,F,) would make the selection process easier, more meaningful and more fair than the present 'H/Q' grading system, since it more accurately reflects the subtle variations in performance levels and is more amenable to numeric translation. In that considerable expectations have been heightened by the way in which this competition has been presented (as a "Casenote" competition), inducing substantial sacrifices and commitments, these students are entitled to have access to vital, reliable information on which AMERICA? THIS IS MCPHERSON by DARRYL Page 8 The Opinion February 28, 1990 they can reasonably base their decisions about participation. Unfortunately, this article falls short of filling that evidentiary void due to the Review's sequestering of much of this information. Each student must decide for her/himself whether the substantial investment of time and expectations can be justified, according to one's own situtaion. Legal writing and research, itself, is a skill worth developing and most often is something that first years should concentrate on developing. By the same token, one can equally acquire those skills via legal summer clerkships, and one may not be able to justifyforegoing an income-producing, skills-developing clerkship opportunity in order to participate in the Law Review competition which may hold low prospects for success. Most students are acutely aware of the fact that law review admission represents high-octane cannon fodder for the resume. This is a compelling inducementfor the student to "go for it" as a stakeholder. At a minimum, the Review selection process ought not to be operated so sur- reptitiously. Students are entitled to have this vital information openly disseminated so they can make an informed decision about participation. Furthermore, since writing is admittedly the cardinal concern of both the Review and the typical law firm, the write-on component of the selection process ought to be raised to an equal level of significance with that of the other two indicia categories. Under the "Buffalo Model" concept of a progressive, open-minded approach to academics, we ought not to wimpishly succumb to theoutside pressures of 'Blue Chip' law firms that try to extort compliance with their dictates of academic policy, as though this was a legalese mail-order sperm bank. This is particularly so where, as here, the dictates they impose are internally inconsistent, and contrary to common sense and threshold rules of logic. We, the students, are the ones who have to live with these phantasms fashioned by sophistry. If the 'Blue Chip' law firms are concerned about grades, they have the transcript which they can reference; if they are concerned . about the competency level of the Law Review members, they have the publication itself which they can reference the most meaningful indicia there could be. IMPORTANT DATES TO REMEMBER... 1990-1991 Executive Board Elections All first or second year students interested in running for a position on the 1990-1991 SBA Executive Board must submit signed petitions by Friday, March 30 at noon in the SBA office. Petitions may be picked up at any time. Elections will be held Wednesday and Thursday, April 4 and 5. An Executive Board Forum will be held on Thursday, March 29 in which the candidates will debate and discuss their platforms to the public. Candidate statements that are to appear in The Opinion are due Monday, March 26 in boxes 59 or 60. �What To Do With Your Copy of The Opinion The Newspaper "Fold-A-Pope-Hat" Start with at least two sheets of newspaper, stacked one atop the other. STEP 1: Fold top corners of all four sheets to center. STEP 2: Fold the top two sheets up. Bottorn edges should meet edges of folded corners. STEP 5: Fold all thicknesses from side to IV2" beyond approximately center " /Tv Adjust size by more folding yS (or less) beyond V* • •*•■ the fold / ~S C. IV*1 J STEP 6: Repeat with other side. <s j >v • .J? \/\ \f >r.. | L * /'\2±L/ZL | ' STEP 4: Filp over. Fold remaining iwc STEP 3: pages up once. Bottom edges Fold the same two sheets over should line up with bottom of again. front fold. STEP 7: Fold up bottom flap to even with the bottom edge of the front. /S*V\.>. Pv To even with front edge' l i COMPLETED POPE HAT: |f SW\. S' X. J Back f I > § Front Kaplan-SMH presents: MPRE Review MPRE Lecture Friday, March 2 Room 210 3 - 6 pm Open to ALL Students at No Charge MPRE Question Review Tuesday, March 6 Room 212 6-9 pm Open to Kaplan-SMH Students Only For more info, call the Kaplan Center at 837-8022. February 28, 1990 The Opinion 9 �UNSUNG HEROES: No Task Too Small For Sue Szydlowski Meet Sue Szydlowski. A single mom balancing a long day in the office and parenthood. No this is not the next episode of thirtysomething. Sue is none other than a member of our UB family who has helped to keep our school operating smoothly. offices on the third floor. This frequency occurs mainly because she processes the over $40,000 budget for the Moot Court by Sandra Williams Staff Writer Ms. Szydlowski came to this law school from her position as Senior Stenographer at the Computer Center, responsible for all the major computer accounts. She was hired as a Senior Stenographer but acquired an in-house titlefrom former Dean Wade Newhouse, that of Technical Assistant for Budget and Operation. Having worked as an Administrator for fifteen years when she joined the UB support staff, Sue is well qualified for the responsibilities that go with her title.Though she only works three quarter time (25% more than half time) her responsibilities extend beyond that of a full time person. Situated somewhere in between Assistant Dean Aundra Newell and the CDO office, Ms. Szydlowski's office is, in her words, one of the most frequently visted Sue Szydlowski and Law Review funding. In addition she assists student organizations securing funding from the Dean's office. She informs them as to the correct procedure, what is a reasonable funding request, and the history of their particular line of fund- ing. In addition to these budgetary duties, Sue also keeps track of expenditures termed O.T.P.S. (Other Than Personal Services). These services include supplies, equipment, contracting and temporary services such as student assistants and research assistants. "Dealing with students and providing whatever information they need and making sure the law school is running smoothly in terms of these services is quite satisfying. People can come and ask a question and it is answered." And people do come and ask questions, keeping Ms. Szydlowski quite busy. The faculty quite frequently ask for Sue's assistance, ranging from the flooding of a bathroom to coordinating all moves for faculties, incoming and continuous. To top it off she also has to provide an enormous amount of reports to the Dean on a monthly basis, keeping track of use of the copier, postage machine and how often the telephone is used between local, long distance and watts by faculties. She also has to maintain supplies regardless if -Central Stores is low. Not to be left out is the fact that she also works with Forum Magazine, a publication informing others about the law school. She manages the expenditures for photographers, billings and other expenses that go along with the publication. When asked if she finds this overwhelming, she responded that sometimes itfeels like a full time job, but it seems easier to get all the work done than a full time person. "I also enjoy my job and like working with numbers, therefore doing budget is enjoyable. Furthermore, I get a great deal of satisfaction knowing that somebody can ask a question or have a problem and I can help them in some way." Ms. Szydlowski is grateful forthe assistance she receives in making her work much easier. She is thankful to Arlene Rizzo, Bradley Gayton, who programs the reports and student assistant Maria Germani. And as she puts it, "no matter how small the task, it is very important to the functioning of the law school." She would like to work full time if she could, but can't at this time because she has a son that needs her at home. Never forgetting of course, when a day at work has ended, this single mom heads home to await her seven-year-old son and take care of her home, which she takes pride in doing. BPILP To Launch Funding Drive On April 2, 1990 the Buffalo Public Law Interest Program (BPILP) will kick off its third annual "Work A Day in the Public Interest" pledge drive. The drive will be held during the first week of April, ending on Friday April 6. All law students and faculty are encouraged to pledge the equivalent of one day's salary to BPILP for the funding ofsummer internships at local Legal Services Corporations (LSC). by Mary Clare Kane Staff Writer According to the National Association of Public Interest Lawyers (NAPIL), 85% of the legal needs of the poor are WITHOUT access to legal services. Simultaneously, the number of law graduates entering the public interest field has rapidly declined about 46% over the past twelve years. Local Legal Services Corporations are in great need of summer interns. Unfortunately, they cannot afford to fund these positions. Thus, only the rare law student who can afford to volunteer or the student willing to accept a summer work-study stipend (about $800) can benefit from the LSC experience. Hence, a "no win" situation: the student loses thevaluable experience, and more importantly, the poor remain without the needed legal services. This is where BPILP internships come into play. BPILP has funded as many as five LSC internships per summer. In 1988, BPILP created a new program called Student Faculty Initiated Internships (SFII). All first and second year students who are interested in interviewing for and accepting a summer internship position with a local Legal Services Corporation are eligible for an internship award from BPILP. In the past, such organizations have included Neighborhood Legal Services (NLS), Legal Servicesforthe Elderly (LSE), Volunteer Lawyers Project and Farmworkers Legal Services (which is based in Rochester, N.Y.). For the summer of 1991, BPILP is considering having a mix of local and national internships for the summer of 1991.In that case, students receiving an SFII would work for a Legal Services Corporation either in Western New York or elsewhere in the nation. Details regarding the number of funded internships, the stipends and application procedures for 1990 are forthcoming. Like similargroups at other law schools, BPILP seeks funds from within the law school community by asking students and faculty to "Work a Day in the Public Interest." Similar fundraising activities have been (and still are) highly successful at other law schools in the country: UCLA 10 The Opinion February 28, 1990 ($36,000), University of Michigan ($35,000), Harvard ($41,000), University of Texas ($11,000) and Berkeley (pledge drive grew from $10,000 to $90,000 in a ten year span). U.B.'sfundraising efforts have met with similar success. The first annual pledge drive raised $7,000, the second drive saw over a 50 per cent increase in pledges and reached a total of $11,000. This year BPILP's goal is $20,000. "UB students and faculty are intensely aware of the need for legal services for the poor. Our law school community has demonstrated a strong commitment to the field of public interest law in the past and we hope a successful pledge drive will be a part of thattradition. The pledge drive gives everyone a chance to do a day's pro bono work, which is part of being a member of the legal community. We're confident that if everyone pledges to 'work a day in the public interest', we can reach this year's goal," said BPILP member Karen Doeblin (3D who along with BPILP member Paula Eade (3D is coordinating the 1990pledge drive. "It goes without saying that this pledge drive and fundraising in general has been and is the key to the success of the SFII program. The more pledges received the more internships can be created and funded (!!). We are enthusiastic and excited about this year's goal of $20,000," said Chris Thomas, (2L) and Graduate Assistant for Public Interest Careers, who is also assisting BPILP with the pledge drive. Again, everyone is asked to pledge the equivalent of a day's salary. For those fortunate enough to have a lucrative summer orfull-timeposition, this can mean a pledge of as much as $250. First and second year students and the Faculty will be asked for pledge commitments now, and they will bebilled during the summer. Graduating law students (with the Bar exam to finance) are asked to pledge a day's salary based upon their anticipated income, and they will be billed next fall. BPILP once again continues to provide incentive for those who make a down payment of $30 (cash or check) on their commitment during pledge drive week. Such down payment will entitle that person to a sturdy T-shirt (100% Cotton) or a ceramic coffee mug, each embossed with the BPILP "Work a Day in the Public Interest" logo. Also, a tentative SFII "kick-off" party is being planned for late March in order to energize the student body to gear up for a successful pledge week! In the next edition of The Opinion former SFII recipients will share their summer experiences with the readership. Please stay advised! r 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 \ J* >T Case Studied By Students In its search for fresh and innovative talentthe SUNYAB-LawSchool continues to interview candidates for its vacant staff (faculty) positions. The most recent candidate to date was Mary Anne C. Case, a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison of New York City. Ms. Case lists her interests in legal teaching as "Civil Procedure, Constitutional Law, Contracts, Comparative (EEC), History, Property, Tax, and Women." by John B. Licata Staff Writer During her hour long meeting with students, Ms. Case touched upon several concerns regarding modern legal education and the preparation of the future advocates within the legal system. A principal argument she made against Socratic teaching methods centered around the role of the lawyer as an advocate for her client. "The Socratic professors are not much differentfrom the appellate judges. As a result advocacy isn'ttaught well. Students are taught to think as the judge instead of representing the individual." Ms. Case explained the role of the litigation attorney as one of "taking concepts and making them work for somebody." Ms. Case discussed the benefits of working in groups when presenting a brief for a course. Oft times the student turned lawyer will join a large firm and the documents produced are "a corporate effort where one paragraph is yours, one is somebody else's. Groups are good to get you accustomed to how it is in the firm, unless you're thesolopractitioner." When asked about her interests in an advocacy program on campus Ms. Case showed interest in feminist issues. Her resume lists articles, one written in French and one written in German, discussing the historical aspects of the development of rights for women through the ages. Ms. Case's resume is on file in 318 for further perusal. Contact Ms. Charmagne Henry for details. -n �BPILP Introduces Loan Repayment Proposal The Buffalo Public Interest Law Program recently revealed a first draft of the Loan Repayment Assistance Program (L.R.A.P.) options paper. A Task Force, composed of a group of 8.P.1.L.P. members, began work on the proposal last Fall. Below is a reproduction of the options paper. 8.P.1.L.P. welcomes any suggestions, comments and input from students and faculty. Please respond to O'Brian Hall, Room 509. LOAN ASSISTANCE REPAYMENT PROGRAM Before beginning, it must be pointed out that this is an options paper, a first draft. For the most part, it contains our recommendations made after assessing the possibilities, and thinking about what would work best for ÜB. We have not set out sharply defined and rigid categories defining this project. It is our sincere hope that the gritty details will be determined through consensus of the governing body. However, any suggestions or input (gritty or otherwise) would be appreciated so that we can develop the best overall program. A. PHILOSOPHY BEHIND THE PROGRAM SUNY is committed to responding to public needs through instruction, research and service. Now as in the past it exists for many reasons, but all ofthem can be subsumed under one overriding purpose to enrich and improve the lives of the people of New York State. "The Master Plan of the State University of New York," 1984, p. 49 — The impetus to create a Loan Repayment Assistance Program emanates from a simple though instrumental observation: because many law students borrow money to attend law school and thus accrue sizeable debts, the burden of repayment influences their choice to practice law in specific fields. The legal domain most seriously affected is Public Interest Law. Public Interest Law generally addresses issues of poverty, civil rights, public rights, non-profit representation and administrative problems. The purpose of this proposal is to address the financial problems faced by students interested in pursuing a career in the public interest, and thus directly confront the loss of promising and committed students who might otherwise choose such a career. The immediate goal of the loan assistance program is to financially aid newly graduated lawyers who choose careers in the public interest. The secondary aim of the program is to entice and, more importantly, enable law students to choose this career path by reducing the burdens caused by debt. We offer these goals so that we might contribute to theLaw School's effort to train students to meet the challenge of the legal profession's expectation that all lawyers "should render public interest legal service." Most Loan Repayment Assistance Programs provide recipients with loans with which they are expected to pay their educational debts. These loans generally account for a percentage of their educational debts, and the amount of the loan increases as the participant's tenure in a public interest job increases. These loans are eligible for partial or complete forgiveness after several years of eligible participation in the pro- gram. The Program's funding may be derived from a variety of sources, most of which are outside of the University's financial aid system. For instance, many loan repayment programs rely solely on private grants and foundation support. Others rely on a hybrid of sources, accepting some funds from the University and the balance from outside sources such as local and state bar associations as well as private corporations and donors. We propose that our program receive this type of hybrid support as a manifestation of the cooperation that exists and should be promoted between the State University Law School and the community at large. The fund will be managed by a board of prominent lawyers, academics, community leaders, business people and students. They will be responsible for approving substantive changes in the program to improve its operational effectiveness. They will also promote the expansion of the program by enlisting supporters locally, statewide and nationally. We anticipate that the fund shall be administered through the Law School, under the auspices of Dean Filvaroff. Presented here is the general framework and philosophy that underpins the proposed Loan Repayment Program at SUNY at Buffalo School of Law. While the particulars of this program and its framework are malleable, the professional imperative that informs this proposal remains firm: that the legal profession must respond seriously and innovatively to the urgent needs of the under-represented in our community. 3. ELIGIBILITY FOR PARTICIPATION 1. Employment a) In the long run, we would like to accomodate a broad range of public interest work everything from traditional legal services positions to private public interest law firms. However, until this program and its funding sources are firmly established, our primary objective will be to provide assistance to graduates who are employed by non-profit legal services organizations as defined under section 501 (c) (3) of the Internal Revenue Code. We feel that the pressing needs that these legal services organizations fill, and the general lack of funding they annually face, make tnem most worthy of our support. Remaining funds will be disbursed to graduates practicing public interest law with priority given to the graduate with the lowest "take home" pay after monthly academic loans are satisfied. Preference given to public interest work as follows: 1. Government 2. Private public interest firms 3. Judicial Clerkships At the same time we recognize that there is a broad need which must be met. Consequently, if a graduate in a lower priority group can make a case that s/he is needy and deserving, ÜB's program will considerthese applications on an individual basis, as funding permits. b) Eligible employment is full-time work. Part-time work will be included if the employee must spend time outside work for child care, elder care or self-care. Leaves will be allowed for maternity/paternity situations as well as for care of sick relatives. The length of time permitted for the described leaves and part-time shall be two years. c) To become eligible for the loan repayment program the graduate must enter public interest employment within six months of graduation. — 2. Eligible Income a) A $25,000 cap is suggested on income to be eligible for ÜB's program. This is a number which is used frequently in other schools' programs. This cap need not be a maximum set for the duration of the repayment period. A mechanism or formula for computing the impact of raises and inflation will need to be developed. b) In determining income, spouse and children will be considered. If the graduate and spouse file jointly for tax purposes, then the spouse's income will be taken into consideration in determining the graduate's eligibility. The method we propose would use as the income figure either the graduate's income or 1/2 of the total income of the graduate and spouse, whichever is higher. c) A deduction from income for each child will be permitted, if the graduate has children. A $3,500 deduction per child is what we recommend. d) Initially, geographic location of employment (e.g. urban v. rural) will not be taken into consideration. The cost involved in monitoring each relocation and determining the cost of living would put an unnecessary burden on this new program. Some geographic areas, however, do have a greater need for public interest lawyers. Once established, this program will need to create guidelines to address this concern. c) An efficient use of scarce resources will require the establishment of a minimum debt to be eligible. $10,000 is suggested as a working figure. 3. Eligible Loans All need-based undergraduate and graduate loans of an eligible recipient will be covered. The concept of removing debts to encourage the entrance into public interest work will not be realized with only partial coverage. 2. Income information on a calendar year LOAN FORGIVENESS AND REPAYMENT 1. Loan Forgiveness Schedule schedule. As described earlier, the loan forgiveness program provides loans to graduates with which they are expected to pay theiracademic loans. The percentage of loan actually forgiven increases as the graduate's tenure in public interest law increases. An example of how this operates is set out in the sample schedule below. This sample schedule should serve as a guideline for the Buffalo Loan Repayment Program, with room for alterations as funding dictates. % % 'ears in LRAP Program Loan Forgiven 100 0 1 85 15 2 3 70 30 45 4 55 60 5 40 6 25 75 0 100 7 2. Program Loan Repayment Graduates who are participating in the Loan Repayment Program will be required to repay program loans if they leave qualifying employment. The amount that must be repaid to the fund • shall be calculated from the date that the participant, with proper notice, fails to confirm information for the prior year's employment. Further, a nominal rate of interest shall be charged on all funds and shall be applied only after program comes due. D. SUGGESTED APPLICATION PROCEDURES 1. Proof of employment with a qualified employer. 3. A list of educational debts, including the lender's name, the date of origination and when the debt repayment begins. 4. A signed copy of the applicant's federal tax returns (also required for each year the participant receives program funds). 5. Spouse's tax return. 6. Anagreementtoreportsalaryincreases. 7. Any additional documents deemed necessary by the program administrator. 8. This information should be supplied within 60 days of participant's employment. E. PROJECTED COSTS Existing loan repayment programs have found that program costs are much lower than originally anticipated. In 1987 the average cost per participant in a loan repayment program was $2,500. As the program ages, costs will be lower as participant's incomes rise, triggering a payback of some of their program loans. Based on an estimated 15 participants at an annual cost of $3,000, we anticipate the need to raise approximately $45,000 to get the program off to a strong start. F. DISCLAIMER The Dean shall have the right to alter the program at any time, with approval of the governing body. CONCLUSION To establish a successful program, we need a simple and flexible structure with modest goals. Additions, deletions or comments should take this into account. TAHCREOSNATION Law School News Briefs WASHINGTON AND LEE The Honorable Louis F. Powell Jr., former justice of the Supreme Court has announced his intention to donate his personal and professional papers to Washington and Lee University, his alma mater. Powell, who received his undergraduate and law degrees from Washington and Lee said that "... my six years on campus were among the happiest of my life." He also said that his decision to leave his papers to the University instead of the Library of Congress, was based partially on the schools plans to build an addition to house the papers and to provide facilities for appropriate research. (W& L Law News, vol. 19, no. 5, Jan. 25, 1990, p. 8) HASTINGS In the wake of the San Francisco earthquake last October, Hastings college has decided to demolish severely damaged college buildings. One of the buildings previously housed theLaw School's Gen- BUDGET HEARINGS The SBA budget hearings will be held Friday, April 6 at 4:00 p.m. in room 106. All student organizations must have their proposed budget requests submitted by Wednesday, March 21 at 5 p.m. in the SBA office. Finance Committee meetings will be held Wednesday and Thursday, March 28 and 29 starting at 5:30 p.m. in the SBA office. The times in which the student groups are to appear for the Finance Committee meetings and the Budget Hearings will be randomly selected and posted in the SBA showcase at least 24 hours prior to the de- Assistance Advocacy Program (GAAP) a non-profit legal clinic for poor eral neighborhood residents. GAAP was run by law students and the group was forced to relocate in November when an engineering report declared the building structurally unsafe. One of the proposals for the property is to construct a joint city courthouse and law school facility. (Hastings Law News, vol. 23, no. 6, Feb. 5,1990, p. 1) NEW YORK UNIVERSITY About 60 law and business students participated in a Community Action Day in which they assisted in distributing 300 blankets to homeless people. The Community Action Day was sponsored by Law Students For Public Service (LSPS) and was funded by student contributions. LSPS sponsored another Community Action Day earlier in the year in which they had worked with a tenants association to clean up and renovate an apartment building which had been neglected by the landlord. (The Commentator, vol. 25, no. 8, Jan. 25, 1990, p. 4) THE PASSWORD: 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 2017623-3363 signated days. February 28, 1990 The Opinion 11 �New York, New Jersey, and New England Students FMULTI STATE PROFESSIONAL RESPONSIBILITY EXAM LECTURE More people take BAR/BRI than take all other bar review courses combined. And more people take BAR/ BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). EMPRE, VIDEO EDate: Time: Place: SAT., MARCH 3RD 9 AM-IPM ROOM 106 The Nation's Largest and Most Successful Bar Review. 415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696 (516) 542-1030 (914) 684-0807 (201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617) 437-1171 • 12 The Opinion February 28, 1990 • • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-02-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/28/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/627ec3ee6ea3c8fcf7cad5a7e0e296c7.pdf a83e35534b0437abd410fbe768e5306f PDF Text Text THE OPINION Volume 30, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW January 31, 1990 Law School Moves To Dismiss Suit Brought by Students The School of Law has formally responded to charges lodged in Federal District Court that the "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment" is void on its face and in violation of the First and Fourteenth Amendments to the Constitution of the United States. by Bruce Brown News Editor In a motion to dismiss, Allithea Lango, Assistant Attorney General of Counsel of the State of New York, contends that the two plaintiffs, Dan Majchrzak and John Wiencek, have failed to state a prima facie case, lack standing and have no "genuine case of controversy on behalf of any other law student." Thecivil rightsclaim, which names fortyone professors of UB Law as defendants, springsfrom a faculty resolution (reprinted in the September 13, 1989 issue of The Opinion)which was unanimously adopted on October 2, 1987. That action came in response to a series of events the previous spring, which included vandalism and specific acts committed against certain students.Some of the incidents which moved the faculty to action were a series of anonymous notes placed in the mailboxes of at least four female students, one of which was accompanied by pieces of dog excrement wrapped in foil and another by a small teddy bear with the head ripped offand red nail polish dabbed in the neck area of the toy. Later one of the same student's car was found with one of its tires slashed in a campus parking lot. The resolution prompted a small flurry of criticism from some sources outside the law school. The most sensational came from Nat Hentoff whose article for the Washington Post entitled "A Law School Flunks the First Amendment" alleged that the statement "suspended" the First Amendment guarantees of free speech of law students at ÜB. However, after this original criticism the regulation, whichhas never been enforced, remained in relative obscurity until two second year students decided to bring an action in federal court. The students, who are pursuing their case pro se, allege in their complaint that the regulation is substantially overbroad and vague, and that a threat of sanctions "creates a chilling effect" on the exercise of theplaintiffs' rights causing irreparable injury byforcingthem to withhold speech. In their amended complaint of October 31,1989, the plaintiffs, Messrs. Majchrzak and Wienceck, argue that the "regulation establishes a protective liberal orthodoxy which is designed to protect certain protected groups (i.e., minorities, homosexu- als), thus any expression contrary to the expressed ideals of such groups are con- sideredtobe violativeofthe regulation." The plaintiffs, "members of the law school's chapter of the FederalistSociety" stated in their amended complaint that they "believe that law schools and the legal profession are currently dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society" and that the resolution in question evidences a conscious effort to exercise that domination. The complaint alleges that the regulation "is excessive, unwarranted, real, and substantial in relation to any asserted state interest in protection 'groups' within the ÜBLS from 'remarks' directed at them, or other 'intimidation' they may suffer from the freedom of expression" and that "the regulation was intentionally and deliberately propounded ...with a full awareness on the part of the defendants that said regulation on its face was in violation of the First Amendment by virtue of its content-based prohibitions, prior restraint, and vagueness and overbreadth." The regulation, the complaint continues is "an invidious scheme [which] serves only to promote the arbitrary and capricious orthodoxy which [it] establishes by its terms." Messrs. Wiencek and Majchrzak believe that they have a "unique perspective on such controversial issues as affirmative action, unconventional 'family' relationships, and so-called 'women'srights'" and that their "considerable knowledge of such issues" leaves them with "much to share with their fellow students." However, the complaint continues, the "plaintiffs have found that faculty members which they had have been, and will continue to be, hostile to the very notion that there exists another side to such controversial issues" and that if "they expressed such 'hostile' ideas in class ...they would or could be charged with a violation of the regulation." The result then stifles the plaintiffs who, "but for the existence of the regulation, and the real and warranted fear of being further sanctioned by said regulation, the plaintiffs would express their ideas freely and without prior restraint, ideas which they have refrained from expressing and will continue to refrain from expressing in the future." Ms. Lango's brief responds to these charges by stating that the plaintiffs "simply cannot base their standing upon their speculation that if they state their theories within an academic setting, a complaint may be lodged against them which may potentially subject then to sanctions ...they must also allege and demonstrate that they have been threatened if they undertake their proposed course ofaction." continuedon page 4) Law School Lockers Robbed Several third year students were wrought with frustration after having their first floor lockers broken into at the end of the fall semester. Although items which are traditionally attractive to thieves (such as a tape recorder and a paycheck) were taken, it was the theft of text books and class notes which most affected the students. by Donna Crumlish Editor-in-Chief Dean Schlegel Professor John Henry Schlegel Named As Assistant Dean There is a change in Administration this semester. Professor John Schlegel is temporarily filling in for Professor Lee Albert as Associate Dean for Academic Affairs. Schlegel will be responsible for the curriculum and tenure standards for professors, as well as the pending student law suit. All other Associate and Assistant Deans will continue in their positions. Pro- by Sandra Williams Staff Writer fessor Halpern is Associate Dean of Student Affairs responsible for complaints and exam problems. Aundra Newell remains as Assistant Dean of Admissions which involves recruiting and review of incoming students. Dr. Cook continues as Assistant Dean of Budget and Research and Alan Carrel continues as Dean for External Affairs and is responsible for Alumni Affairs, Trial, Technique and fund raising. Professor Albert is on Sabbatical forthe Spring term 1990. According to a memo sent to Dean Filvaroff, Albert wished to breakfrom Administrative responsibilities and continuewith his research on the uses and misuses of AIDS antibody testing in the United States. He is also lecturing at the London School of Economics. He will be back in August, 1990. Being an Assistant or Associate Dean isn't new for Professor Schlegel. He was Acting Dean for two years before Dean Filvaroff, and was Associate Dean for 5 years under Tom Headrick and two years underWadeNewhouse.According to Cheri Tubinis, Secretary to Dean Filvaroff, the power to fill the Associate Dean position rests with Dean Filvaroff, who choses someone he can work with. Because of Professor Schlegel's new responsiblities, his Corporations class is cancelled for this Spring. He will, however, continue to teach Writing Law with Professor Janet Lindgren, and Corporations and Wall Street will be picked up in theFalland Spring of the next school year. The thief or thieves have not yet been apprehended, and it is uncertain whether the thief is interested in the resale value of the items stolen, is hoping to put the stolen items to personal use or is simply a prankster looking for excitement and finds the wooden lockers easy prey. The lockers can be broken into easily without the knowledge of lock combinations. Technical Specialist Marie McLeod is in charge of all student lockers and although she found the four incidents reported to her disturbing, she commented that the number of incidents was "average or below the average" number of locker thefts reported each year. Ms. McLeod stressed, "If students have had items stolen from their lockers they should be sure to report them to myself or public safety." She also advised that all the thefts occurred overnight or on the weekends, and students shouldn't leave books in their lockers during these times. Dean Filvaroff has met with Public Safety officials regarding the incidents. He said, "I deeply regret the fact of the thefts and the inconvenience and problems they have caused students. We have reported these incidents to public safety and as I understand it, they have taken steps to prevent them from occurring again, including stepped up patrols in the area." Neither Ms. McLeod nor Dean Filvaroff stated any plans to change the types of locks used on the wooden lockers but Dean Filvaroff hinted that this may be an eventual solution, "If significant problems continue, we'll explore what other measures might be possible." Victims of the locker thefts are upset by the incidents and dismayed by the risk students take when they use the wooden lockers. Third year student Jim Grasso had several textbooks stolen from his locker only weeks before final exams. He commented, "It's ironic that when you go from being a first year to a third year, you supposedly get the better lockers, but in reality they're unuseable." Grasso also feels that students should be warned of potential thefts in advance. "The administration should have told us in advance that these lockers could easily be broken into so that we didn't store valuables in them." Another third year student, Donna Karas, had a tape recorder stolen from her locker. She commented that she no longer uses her locker and is dismayed that physical changes won't be made to make the lockers less vulnerable to breakins. No locker thefts have been reported to school officials this semester. HIGHLIGHTS Faculty Candidate Peter Kahn visits the Law School Early Bar Review Program Intended to Ignite Third Years A Glimpse at News from Opinions Past . pg. 3 pg. 8 pg. 11 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: ■ ij i \k ij hfc i ■ Isn't that what a Bar Review Course is all about? PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. 90 willis avenue, meneola, phone: new york 11520 (516) 747-4311 The Bar Course That Cares. MIAE PARK 2 The Opinion January 31, 1990 • Buffalo Representatives BARBARA SCHAUS • JAMES SNASHALL �UNSUNG HEROS: Dene Fleischmann Animates Alumni Association Although the University at Buffalo Law School Alumni Association has been in existence for manyyears, it has been heading in a new direction since llene Fleischmann was hired as its part time Executive Director in 1985. Executive Board members, interested in hiring a professional to take responsibility for editing the Law Forum, the Alumni Association's official publication, were intrigued by Ms. Fleischmann's journalistic background and asked her to fill the new position. by Donna Crumlish Editor-in-Chief One way in which Ms. Fleischmann is hoping to spread the word about UB Law is by creating chapters ofthe organization across the country. Currently theAssociation has chapters in Rochester and New York City, and Washington D.C. and Central New York chapters are presently in the process of being formed. There are 6200 living UB Law Alumni, approximately 3000 of whom are in the Buffalo area. The Association distributes information about upcoming events and current activities to all alumni although only 20% of alumni are dues-paying members of the Association. Having worked as a columnist at the Courier Express (a daily newspaper in Buffalo until 1982), and an editor at a national women's magazine, Ms. Fleischmann felt confident she could take over the editing of the Law Forum and was eager to accept the challenge. She was working as a full time free-lance writer at the time she took over the position and continues to free-lance in her spare time, along with writing regular columns for Buffalo Magazine, published by the Buffalo News each Sunday. The position of Executive Director has greatly evolved during the past five years, and although the Law Forum is still high priority, Ms. Fleischmann is now involved in every aspect of Alumni Association activities. "The purpose of the Alumni Association" said Ms. Fleischmann "is to help alumni support their Law School. We're trying to build a national reputation for our Law School and we need the support of alumni to enhance our reputation; consequently, we'll be able to attract better students and better faculty." llene Fleischmann The dues collected by the Association ($25.00 per person) are used to support Food Drive Begins Today In Front of Law Library The Erie County Bar Association is sponsoring the "Have A Heart" food drive. The drive started January 29 and will culminate with the delivery of food and money to the Food Bank of Western New York on Valentine's Day. Erie County Law firms as well as the Law School are being asked to collect canned and other non-perishable goods and money. by Maria Schmit Staff Writer On Wednesday, January 31, and Thursday,February 1,the Student Bar Association will have tables set up in front of the library. Students can drop off cans and other non-perishable food or make money donations.The Law School's goal is to collect 800 cans. If every student and faculty memberbrings in a can, theschool will reach this goal. While many law firms may go the money route, it would be nice if the law school could make a large showing of canned goods. By collecting a large quantity of canned and other non-perishable food, the Law School will show that its students possess social awareness and concern. Another advantage of collecting canned goods is that every student, even on a limited budget, should be able to do her/his part. Many canned foods, such as soup, cost about as much as a snack from the vending machine. After thefood is turned over to the Food Bank it will be channeled to the many public service agencies in Erie, Chautauqua, Cattaraugus and Niagara counties. These agencies will then distribute the food to the needy. The people who receive the food are generally poor working families and the unemployed. The food is desparately needed. On Wednesday, January 31 and Thursday, February 1, remember, you CAN make a difference. Alumni Association activities, including aid given to student groups. The Association annually funds and organizes an orientation party for incoming students. The Alumni Association also assists in funding the Desmond Moot Court Board banquet at the end of the annual in-house Moot Court competition. The Association also sponsors a convocation (this year's will be held March 10) and asks area law firms to sponsor students who would like to attend but are intimidated by the cost of the following luncheon ($35.00). Ms. Fleischmann's journalistic background has also come into play in the area of communications. Although she was hired as Executive Director of the Alumni Association, her job has developed so much that it became a full time position in 1987 and her title is now Director of Alumni and Communications.She assists faculty in publicizing events and uses her media contacts to keep UB law in the public eye whenever possible. Ms. Fleischmann's monthly television show on WKBW Channel 7 ("Mind over Myth") sometimes features Law School faculty members discussing current events and she regularly issues press releases to all Buffalo area publications regarding Law School events. Although Ms. Fleischmann is highly satisfied with all aspects of her job, she is most proud of thework shedid on theLaw School Centennial Celebration in 1987. "We had a beautiful centennial. We had an exhibit built that went around town for two years, and a weekend of events, including a dinner dance at the Armory; a big party at the Ellicott Square Building, and an academic symposium. That was a huge public relations effort and I'm happy that it came early on in my career here because I think that it showed alumni that the Alumni Association could be very useful and revitalized." One of the major projects of the Alumni Association at this time is the publishing of a history oftheLaw School. Ms. Fleischmann said "The history is being written by two alumniand the project was first undertaken during the Centennial Celebration. When it is completed, it will be distributed free of charge to all alumni and all students." Ms. Fleischmann feels quite comfortable in her present position at the Law School and although she admits "working with 6,000 lawyers has been a unique experience," she has high hopes for the future of the Association. Plans for the development of new chapters are currently in the works (possibly in central New York, Chicago and Florida), and her mind is constantly conjuring up ways to increase the Law School's visibility and make its name known nationally. Faculty Candidate Kahn Meets With Students SUNY-Buffalo Law is currently interviewing candidates for two vacancies on its staff. On January 18 and 19 Peter Kahn met with students and professors to discuss his position on legal issues and to give a sketch of his background. Kahn received his Bachelor of Arts and his Doctorate in Economics from the University of Chicago. He received his Juris Doctor from Emory SchooJ of Law. by John B. Licata Staff Writer Kahn is essentially an economicminded professor with weighty international law experience. Kahn's position as Legal Advisor to theVice-Chairman of the U.S. InternationalTrade Commission provides him with a strong background of low the "black-letter law" aspect of international law and hopes to use examples from recent events to bring a degree of applicability to the course. His rapport with the students was easily established through his self-effacing manner and quick wit. When asked how he planned to teach, Kahn replied that he felt "students can't learn when they can leave any time they want, so I'd have two (teaching assistants) lock the doors and have students stand in the aisles when they have a question."Initially, some ofthe students had trouble breathing, but Kahn's sense of humor surfaced and laughter rang out in the warm environment of mutual anxiety. Within the span of forty-five minutes Kahn told stories of his life, his father's life, and described the general pattern of SBA Food Drive Party Friday, Feb. 2, 1990, 9:30 PM at Marshalls (across from The Blue Note) Each law student is asked to contribute 3 lbs. of canned or non-perishable dry goods, or as an alternative, a $3.00 contribution. All donations will go to the Food Bank of Western New York on Feb. 14 by the Erie County Bar Association. FREE BEER, SODA AND WINGS! Hope To See Everyone There. Faculty Candidate Peter Kahn actual international experience. "He's not working with just books and theories," lawyers who have children too early and eventually buy a sports car to make up one student observed. Kahn writes for their lost youth. In his circular way he answered all the questions put to him dememos and the legal position for theVicespite being visibly tiredfrom his agenda. Chairman concerning many of the issues of international law and trade policy. When asked about his personal politics "With regard to the Vice-Chairman leasKahn replied that many co-workers in the Bush Administration feel he is a leftisting his car or his renting his apartment, fanatic. However, he believes himself a those are his problems," Kahn joked in Liberal-Democrat who would probably his description of his work. Kahn's refall somewhere to the "right" of the sume is available in room 318 where an SUNY-Buffalo Law faculty. He worked on open file is maintained by Charmagne the Gary Hart campaign in 1984 (not on Henry. Ms. Henry will have files of all visthe Donna Rice debacle) but he did make iting candidates for students to view if interested. it clear that his classroom would not be Kahn is interested in developing a a forum for espousing his own political course where students do not strictly folbeliefs. January 31, 1990 The Opinion 3 �Activist Attorney To Report To UB On Secret Government Plot Brian Glick is a public interest lawyer based in Brooklyn, New York. Glick was active in Students for a Democratic Society and thecivil rights and anti-war movements of the 19605. Glick co-authored The Bust Book: What to do Until the Lawyer Comes and The Jailhouse Lawyer's Manual. His most recent book War at Home: CovertAction Against U.S. Activists and What We Can Do About It, was released in 1989. PRO. The program basically continues, but under other names. CQINTELPRO was only one of many phases of the history ofgovernment attacks on U.S. activists. There had been many attacks prior to the establishment of COINTELPRO and these attacks continue today. Q: A: by Nathaniel Charny Brian Glick will be speaking, along with Professor Muhammad Kenyatta, at the U.B. Law School, O'Brian Hall on Wednesday, February 7, 1990, at 7:00 pm in the Fifth Floor Lounge. They will discuss "United States Government's secret attacks on domestic dissent." Glick is using his visitto Buffalo, in part, to visitwith his client, Albert Washington, one of the "New York Three," currently serving a life sentence for murder at Wende Correctional Facility in Albion, New York. Q: The title ofyour new book is "War at Home: Covert Action Against U.S. Activists and What We Can Do About It." Can you describe this war and what its all about? A: First of all, the book is "War at Home," because I don't think this is the only war being waged. Within the United States, though, national, state and local police agencies have waged a persistent war against activists working for peace and social justice in this country. This war is being waged covertly. Q: What do you mean by covertly? A: COINTELPRO, which is the acronym for Counter Intelligence Programs, is probably the most public form that these government attacks have taken. For example, look at that name. The name is used to make it appear as if these are operations that exist to counter some enemy intelligence operations, for example soviet spies or Cuban saboteurs, but that's phony. In fact, these programs they were designed to "discredit, disrupt or otherwise neutralize" (that's a direct quote from COINTELPRO files) a very broad range of entirely home grown activists and movements, like the civil rights movements, the antiwar movement, and the women's . Q: A: movement. COINTELPRO doesn't exist anymore, is there still a concern for activists in the 19905? A: Oh, absolutely. COINTELPRO disbanded in April of 1971, but, in fact, even the documents discontinuing it indicate thatall this discontinued was the formal, nationally centralized program but the same "sensitive techniques and operations" continue on a case by case basis "with tight procedures to ensure absolute security." This is a direct quote from the FBI directives disbanding COINTEL- How is this war being fought, what tactics are being used? Well, a very good example is from a professor at your Law School, Muhammad Kenyatta. When I was doing research for the book I circulated drafts to activists and people who had done research or been a target of COINTELPRO and other domestic covert action programs under other names. One of these people was Professor Kenyatta who had, in the 19605, been one of the unnamed targets of this program. What the FBI did was send letters violence threatening personal against Kenyatta and his family if he didn't get out ofAlabama. The letters pretended to be from the Tougaloo Defense Committee. College Kenyatta took these letters as real, and only years later did he learn that no suchcommunication was directed at him from any Tougaloo students but, rather was an FBI effort to drive him out of the South, which succeeded. Keep in mind that this was the culmination of a long series of covert operations that they mounted against Kenyatta all through the late sixties whilehe was an important civil rights worker. ".. In the winter of 1969, after an extended campaign ofFBI and police harrassment, Kenyatta received a letter, purportedly from the Tougaloo College Defense Committee which "directed" that he cease his political activities immediately. If he did not "heed our diplomatic and well-thoughtout-warning," the committee would consider taking measures "which would have a more direct effect and which would not be as cordial as this note." Kenyatta and his wife left. Only years later did they learn it was not Tougaloo students, but FBI covert operators who had driven them out." (War at Home, p.46-47) Are forgeries a common tactic? They are very common. This includes both forgeries pretending to be from existing organizations, and also the creation of phony progressive organizations that do damage. Youalso have to be on the look-out for completely fictitious organizations thatdo damage through leafletting, phonecalling and pamphletting. Keep in mind that all of these methods of psychological warfare are documented in FBI files that we were able to obtain in the 19705. How do you respond to your critics who call you paranoid? Q: Since Q: Student Suit The Law School's brief continues, stating that "plaintiffs demonstrate a difficulty of definition in the ideology they claim they wish to express. They do say they are members of the Federalist Society, but beyond that identifying association, they claim only that they are 'conservative and libertarian.'" This "vagueness makes it impossible for this Court to surmise whether the intended expressions that plaintiffs claim they wish to make... are even protected speech. Such nebulous assertions do nothing to demonstrate that Plaintiffs have suffered a concrete injury; rather, they simply represent plaintiffs' subjective beliefs." In her affidavit, Ms. Lango claims that "the Statement provides only that critical comments by students 'will generate critical responses and swift, open condemna4 from page 1 tion by thefaculty.'Thus, any constitutionally protected speech will cause only a continuing dialogue of speech and may in no instance prompt sanction or penalty." Ms. Lango also states that "the operative date here seems to be September 1987 (a time when neither named defendant alleges he was even enrolled as a student) and there is a failure to allege that all forty-one named defendants were even atSUNYAB." In what appeared to be a final parting shot, the affidavitfor thedefendants points out that "neither plaintiffs' initial complaint, nor the two amendments, reflect the correct title of their own law school." By University pronouncement on April 5, 1989,theofficial designation was changed from "Faculty ofLaw & Jurisprudence" to "School of Law." The Opinion January 31, 1990 A: Paranoid? This stuff is documented. This is from available FBI documents. It's in their documents and augmented by the testimony and confession of some of their former operatives. This is not stuff we think happened, it's what FBI documents and former FBI agents have stated. You know, the book is not primarily about the past. It's actually to learn from the past. The technology changes over time. The targets may change, but the same basic methods are used all through U.S. history. I think that most people don't know and most people would be upset if they realized whats going on. The biggest problem is that most people don'tknow the extent of what's going on. I remember teaching an undergraduate class in Western Massaachusetts on "Popular Rebellion and Government Oppression." People currently active have little understanding of what we learned and how important it is to pass it on. The students in the class were really stunned. I actually had conversations with students who told me that "I don't want to believe that this is happening." War at Home is an effort to synthesise, in an accessible form, what we learned from what we now know about what the government did to us in the 19605. I am hoping that it will open up a discussion of what we can do both publicly and within our groups and movements to protect ourselves form being undermined, to be less damaged by these kinds of covert tactics. Q: Not only have you researched and written about this subject, you are also involved in various criminal cases, involving victims of these government programs. A: In the 70's started learning about what the government had been doing to activists and then I began as a lawyer to represent activists (particularly African-Americans) that had been victimized by these government programs. The first major defendant was Geronimo Pratt, the National Leader of the Black Panther Party who is still in prison in California. "In July 1972, Panther Leader Elmer "Geronimo" Pratt was successfully framed for a senseless $70 robbery-murder committed while he was hundreds of miles away Documents obtained through the Freedom of Information act later revealed that at least two FBI agents had infiltrated Pratt's defense committee. They also indicated that the state's main witness, Julio Butler, was a paid informer who had worked under the direction of the FBI and the Los Angeles Police Department." War at Home, p. 24. Currently, I am representing three former Black Panthers ("the New .. York Three," including Albert Washington who is incarcerated in Wende Correctional Facilitty in Western New York). We just filed, on behalfof Washington and histwo co-defendants, a writ of habeous corpus showing a vast range of documented government misconduct. For example, FBI ballistics reports withheld during their mid-1970s trials showed that bullets from an alleged murder weapon did not match those found at the site of the killings for which they are still serving life terms. The star witness against them has publicly recanted his testimony, swearing that he lied after being tortured by police and secretly threatened by the prosecutor and judge. Ballistic reports show that the alleged weapon doesn't match, this evidence was not allowed, and the FBI testified that it did match. This is a great example of covert activity. It might interest students atthe Law School that co-counsel in this case is the Criminal Law Clinic at Cardoza Law School. Law Students have been doing alot of work over the last years on this case. Q: How receptive is the federal court to this type of case? A: If it was any other group of people, for example the mafia, we would have no trouble with this case. Since its black militants we only have a slight chance. Q: And what does the 1990's hold in store for us? A: Governmentattacks on U.S. activists are not stopping. When COINTELPRO disbanded in 1971 the attacks be- came far more covert, as actually directed by the FBI. Look at what happened in Miami, Florida, to the eyewitnesses to theSalvadoran military assassination of the Jesuit Priests in San Salvador. The FBI held these witnesses in captivity and harrassed them until they changed their story. The top leadership of Earth First is in prison and being prosectued on the basis of the testimony of an FBI infiltrator. This is happening in 1989. And look at what the FBI did to the Committee in Solidarity with the People of El Salvador (CISPES). Government documents obtained through the Freedom of Information Act show that from 1981 to 1985 the FBI infiltrated the committee and disrupted its work all across the country, by printing bogus literature under the name, CISPES burglarizing of CISPES member's homes and the payment of right-wing students to start fights at CISPES rallies. Most importantly, the 1990's will allow activists to understand government tactics aimed at disruption and neutralization of effect. Activists in the 1990's have the ability to protect themselves. And, indeed, to be an activist in the 1990's you will have to protect yourself. The Charles Revson Foundation announces the availability of Law Students Public Interest (LSPIN) Fellowships for law students interested in working in public interest positions. Stipends of $3,250 are available for first and second year law students attending law school in New York and New Jersey who have secured volunteer summer placements with public interest organizations in the New York metropolitan area. The 1990 LSPIN Fellow Program is being administered by the Root-Tilden-Snow Program at New York University School of Law. Up to 50 grants will be made to students working full time or ten weeks during the summer of 1990. Applications and more detailed guidelines have been forwarded to both the Dean's office and the Placement Office. LSPIN encourages all interested students to apply. Deadline for applications is Thursday, March 15,1990. Awards will be announced by Monday, April 9,1990. �MOVIE REVIEW Roger and Me: Flint Sparks Filmmaker's Ire Roger and Me is the most importantfilm of the year. This documentary is the story of the death of an American city. In the early 19305, General Motors set up plants in Flint, Michigan. The town soon prospered, and over the years, GM amassed billons in profits. Then, without warning, GM began closing its plants in the early 1980s. Labor, it seems, was cheaper in Mexico, and so the plants headed south and out of the country. The laid-off auto workers ofFlint were swept into a crisis of poverty and despair. by Michael D. Gurwitz Features Editor Michael Moore, the director of Roger and Me, grew up in Flint. The main factor in the lives of his and his neighbors' families was General Motors Corporation everyone worked for it. When Mr. Moore left Flint to pursue journalism in California, Flint was a thriving city. During his time in California, GM began the plant closings. When Mr. Moore returned to Flint, he was shocked to find the massive unemployment and urban decay that resulted from the closings. He decided to track down the man he felt was respon- — — sible for the disaster the Chairman of General Motors. The Chairman's name is Roger Smith. He is the "Roger" of the film's title, and it is his pursuit by Mr. Moore and his independent film company. Dog Eat Dog, which provides the framework for Roger and Me. Though flogerand/Wechronicles a tragic chapter in American history, it is not a bleak film. On the contrary, Mr. Moore's attempts to interview the elusive Roger Smith are very funny. We follow him and his crew as they track Roger over several states, and then attempt to bullshit their way into the executive offices at General Motors headquarters. They are rebuffed every time, sometimes by security, sometimes by slippery PR people, and sometimes by the various pretentious goons who oversee the private clubs frequented by the oft-mentioned, but never seen, Roger Smith. Back in Flint, Michigan, things only get worse. After being ranked by Money Magazine ad the worst city in the country to live in, the residents of Flint strive valiantly to save their city. Their attempts range from the desperate (boon-doggles like the building of a new luxury hotel and waterfront malls) to downtown absurd (an amusement park called AutoWorld which the town hopes to use as a major tourist attraction.) GM also tries to beautify the situation by providing Bread & Circus entertainment. Pat Boone and Anita Bryant are called in to cheer up the newly impoverished, and Miss Michigan herself stars in a parade through the decaying streets of downtown Flint. Unfortunately, nothing works, and Flint is shown falling into a black hole of poverty, crime, madness, and death. The film follows the sheriff's deputy as he goes about his daily task of evicting laid-off workers and their families from homes they can no longer afford. The deputy is obviously disturbed by what he has to do, but it is his job, and in Flint, jobs are not something one can easily afford to give up. The other thriving industries in Flint are quite telling: the postal workers are secure lots of change of address cards to process; the local truck rental companies do a brisk business, and worst of all, the brand new prison in town promises to employ many laid-off auto workers as guards. Unfortunately, the prisoners they are guarding are their once-fellow workers. Such is the legacy of the plant closings. — Meanwhile the rich of Flint lounge in their country clubs or play golf on the neatly manicuredranges surrounding their mansions and estates. These people seem oblivious to the economic and social disaster occurring just beyond the boundaries of theirprivate kingdoms. Whenasked by Mr. Moore howthey feltaboutthe plant closings and newly impoverished workers, their answers tended to be along the lines of: "those people are lazy and don't want to work." Roger and Me is in many ways a chronicle of pure evil, American style. Mr. Moore and his crew have documented the true face of the dark years of Reagan. The rich got richer, the poor got poorer, but by God, it's good to be An American. Flint, Michigan is still a dying city. Roger and Me can not be shown there. This is not because of political pressure it is because all the theaters in Flint have closed. As for Roger Smith, does Mr. Moore ever get to meet him? The answer lies at the end of the film, and is well worth the wait. Roger and Me is tragic, and funny, and absurd, but most of all, it is the best film you can see this year. Roger and Me is rated PG. — AALSByLaw Prohibits Recruitment Discrimination The American Association of Law Schools (AALS) has amended its bylaws to require member law schools to end recruitment discrimination against gays and lesbians, and based on age and handicap or disability. The amendment was approved by a two-thirds vote at the Saturday,January 6,1990 House of Delegates session of the AALS. by Nathaniel Charny The resolution that was passed amended ByLaw 6.4, Diversity: Non-Discrimination and Affirmative Action. Subdivision B of the ByLaw was amended to read: "A member school shall pursue a policy of providing its students and graduates with equal opportunity to obtain employment, without discrimination or segregation on the ground of race, color, religion, national origin, sex, age, handicap or disability, or sexual orientation." According to U.B. Law School Dean David Filvaroff, complying with this ByLaw is necessary for membership in AALS and accreditation by the organization. Although, according to Filvaroff, the amend- ment is a standard of "general application and no one is naive enough to think its limited to a single potential employer, the military istheonlyemployerwho expressly and overtly lists its disqualifications for hiring (the military has an express policy of not hiring anyone overtheage of thirtyfive, or people who are handicapped or gay or lesbian). The military stands out in singular fashion." Although there was discussion about exceptions to the new bylaw, for example whetherchurch affiliated lawschoolscould limit enrollment based on religion, no discussion was made regarding an exception for the military. "We are now obligated to abide by the new AALS policy, which is a condition of our membership in a very importantassociation of 157 American law schools. I think that we have to make it clear that when we participate in recruitment by the Judge Advocate Generals (JAG) Corps, in terms of using our law school services, we are in violation of the Governor's Executive Order #28 (which prohibits state agencies from promoting discrimination against gays and lesbians) and now we are also violating the AALS policy," commented Professor of Law Louis Swartz, who attended the AALS conference along with Filvaroff. The AALS bylaw amendment is especially significant considering the number of law schools, across the country, who are questioning the military'spolicy of discrimination based on age, physical ability and sexual orientation. The latest law school to join schools such as Harvard Law School, New York University Law School, and the University of Michigan Law School to take action against the JAG Corps was the University of lowa College of Law, who, this winter, banned the U.S. Army and Marines from the their campus because of their policy ofrecruitment discrimination. In addition, a draft report of the Pentagon Research Center, released in October of 1989,concludedthat theAmerican military should consider ending discriminatory practices against homosexuals and allow them in the services. The report concludedthatthere was no evidence that homosexuals were any greater security risk than heterosexuals and no more likely to be blackmailed. The report likened opening up the military for gaysand lesbians with integration of the military for blacks, forty years ago. The U.B. law school faculty, in September of 1988, voted to prohibit the use of Career Development Office facilities by discriminatory recruiters. In April of 1989 President Sampleruled thatthelaw school did not have the power to make such a decision. Sample decided that such recruiters, despite their discriminatory practices would be allowed to use University staff and materials to recruit on campus. "Sample got lost on the point that we have no power to tell the military what they may and may not do. The point isthat the Governor's Order (#2B) and the new bylaw now tell us what we may not do," said Swartz. The AALS bylaw amendment will be considered by both the University-wide committee, chaired by the Provost's office, which is considering the University's anti-discrimination policy, and the Law School Faculty's recently created committee charged with reporting on the status of the Law School's anti-discrimination policy since Sample's actions last spring. The Official Opinion Publication Schedule Spring 1990 — Deadline Monday, Feb. 5 Tuesday, Feb. 20 Monday, March 5 Monday, March 26 Monday, April 9 Layout Thursday, Feb. 8 Thursday, Feb. 22 Thursday, March 8 Thursday, March 29 Thursday, April 12 — Publication Wednesday, Feb. 14 Wednesday, Feb. 28 Wednesday, March 21 Wednesday, April 4 Wednesday, Aprii 18 All articles, letters, photos, cartoons, etc. must be submitted by 5:00 pm on the deadline date. All submissions should be submitted on a WordPerfect 5.0 disk or typed and double spaced. Letters to the editor should be no longer than three pages double spaced. Letters longer than three pages will not be printed. Please submit everything to mailboxes 59 or 60. Do not slide submissions under The Opinion office door. Layout takes place at 5:00 in The Opinion office. January 31, 1990 The Opinion 5 �(3PiNio]Nniiiij STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 30, No. 9 January 31, 1990 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Bruce Brown Features Editor: Michael D. Gurwitz Photography Editor: JeffMarkello EDITORIALS: Locker Thefts Demonstrate Need for Re-vamped Lockers Last semester's locker break-ins raised many questions among students. We found it hard to believe that a law student could be responsible for the thefts and it was easy to place the blame on undergraduates or persons who were not students at all. The theft of one student's entire notebook from the law library made us face the reality that law students can be thieves too. What person besides a law student would have a use for class notes? There is always the hope that it was just a prank and the thief didn't know what he/she was taking but rather grabbed the first available item. Fortunately, it is a strong possibility that the library theft and the locker thefts are unrelated. Whoever the thief was we all had to decide how to approach the locker situation. What could we do to protect ourselves? Many of us chose not to use our lockers at all and we continue not to use them. Almost all of us stopped leaving our belongings in lockers overnight. The fact that the lockers can be opened without knowing the combinations leaves most students uneasy. Although many students would feel more at ease if the locker thief were caught, the fact that the lockers are an easy mark for anyone looking to make some quick cash will not change. So, what can be done? The most obvious solution to all is to put a different type of lock on the wooden lockers, a lock that works, not a lock that merely looks like a lock but is really no more than a latch. This endeavor will cost money, no doubt about it, but it would be a worthwhile investment. If even one student has his/her personal belongings stolen due to defects in the way the lockers or the locks are built, that should be enough to initiate action. The fact that several students every year report the theft of items stored in their lockers should be a sounding alarm. Is this situation going to be like the traffic light that can't be installed until there are enough accidents to prove its worth? The fact that public safety is actively pursuing the locker thief is not enough. If or when the thief is caught there will be other thieves waiting in the wings. No doubt, the revamping of hundreds of lockers will be no easy task, but the task is a necessary one and plans to start it should begin immediately. Law School Book Exchange On The Right Track At the end of the first week of school, In The Public Interest sponsored a Book Exchange, the purpose of which was to give students the opportunity to buy used books at a price lower than those at Folletts Bookstore and to sell books at a price higher than that paid by the bookstore. It was a great idea and one whose time had definitely come. All parties involved (buyers and sellers) were pleased with the results. It is events such as these that can help unite the student body. A book sale crosses all political lines and is geared toward benefitting individual students at a time when many students have severely depleted funds due to holiday spending. Although In The Public Interest collected a $3.00 fee from those selling, the event was hardly a fund-raiser and almost all sellers were easily able to recoup the $3.00 through sales. The Law School needs more events with the characteristics of the book sale. Let's hope that it becomes an event every semester and that this year's experience will allow its originators to execute it in a more timely manner next year, so that more students can benefit from the sale. Staff Christina A. Agola, Ted Baecher, Len B. Cooper, Dennis Fordham, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketchum, Darryl McPherson, Jim Monroe, Maria Schmitt, Sandra Williams. Contributors: Nathaniel Charny, Ellen Gibson, N. Higgins, Judi Zirin. ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. Theviews expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. 6 The Opinion January 31, 1990 The Opinion Mailbox Public InterestFavors TheRich To the Editor: There are many graduating students who have looked for nongovernment "public interest" jobsor who are currently looking for them. The dilemma is that there are some interesting jobs out there that many would take in an instant. The problem is that they don'tpay you enough to pay the rent, feed yourself and payback your student loans. Many of the most desirable public interest jobs are based in New York City, Los Angeles, Washington, D.C. or Chicago. Thesearethe most expensive cities to live in. Frankly, on a salary that is usually between $15K to $20K it's impossible to make ends meet. Some people takethese jobs and find that living with a friend or family is the necessary thing to do so that you can survive. Butwhatdoyou do if you don'thave family or friends in that particular city? Do you end up paying $800 to $1,000 a month for an apartment in addition to the $150 to $250 a month instudent loans? It is my belief that it has reached a point wherethe public interest job outthere has been created with a particular student in mind. These are students who have the $upport of their family so that they can take these jobs for a couple of years and then move on. Many of us don't have such a support apparatus to take these jobs. Some of us simply do not want to work in private law firms with its problems of racism, sexism and testosterone poisoning. In other words, some of us cannot possibly get a job with a private law firm because they have a policy of not hiring certain public interest people or certain sex or race. Our law school has to do something to help these students who are willing to take these public interest jobs. In order for those of us willing to take these public interest jobs so that we can help real people with real problems from a grassroots level, we need to get rid of our student loan payments. We need to have a program where a public interest agency will feel comfortable hiring a graduate and not only compensate him/her, but also deal with his/her student loan. Some of us have or will have dependents whom we must support. We cannot possibly worry about paying back student loans with monies we don't have. Some of us are committed to providing legal services to the people who don't have them. We certainly will not be able to do that if we must live at the poverty level. I simply have a question: What is our law school doing about this problem? Are they truly committed to public interest? Yes, they have the summer public interest fellowships, but how successful were they last year? Martin Sanchez Rojas — Grade Curve Policy Criticized To The Editor: Many of us in the first year class have believed, as we have been told, that the most important priority in law school should be ethics. I understood that to mean honesty, integrity, and a basic sense of fairness. The reality of finding these qualities practiced, however, appears to be somewhat less than such noble expectations. In my Research and Writing class, the instructor stated that we would be graded on a curve and that only 25-35% could obtain the highest mark. When asked, "Do you mean if all of us produce perfect work, we cannot all expect a perfect grade?" he responded, "Yes, that's true." Someone then said, "Oh well, there's nothing fair about law school." Sorry, but I say that dog just won't hunt. If we cannot expect to find justice here, then where? The fundamental reason why a rule of this nature is so appalling is because it represents an untruth. In essence, it is saying that our work may not be what it is, and that we might not have the right to "reap what we have sown." Apart from that, surely the paramount goal of any teacher is to behold each of his students complete. If it is not, perhaps it should be. Is not the lowest ranked student as deserving as the highestto experience perfect understanding? All we heard during orientation about ethics were really statements about truth, not truth itself. Consequentially, the words are a cause rather than an effect. Individuals don't become un-ethical in one giant leap, they reach that state by taking little steps at a time. From the grading example, I feel a student could conclude that it is okay to lie sometimes, even justified. And what's more, that it is to be expected as we pass through these halls of learning. This instance may, indeed, seem to be a trivial matter, but minor expressions have power once they are buried into consciousness. Primary acceptance may lead to a point where one can no longer discern truth from the untruth. Keep in mind, that regardless of the impressions one might get in law classes, truth is not relative. It is eternally present and can never be other than what it is. To be accepted into law school is an opportunity of staggering dimensions. The powers of fulfilling and bringing forth are now ours to use. But, is it not discouraging enough to be overwhelmed by the sheer magnitude and confusion of so much new material and ideas, that we must also be told some of us will fail, even if we succeed? We are here for a purpose. Is such a standard in harmony with that purpose? The higher we go, the more we master, the greater the responsibility to be ever watchful of what we're expressing and what is being expressed to us. After all is said and done, our real education will be found in the every day nitty gritty personal choices which nobody else may see or know. We will become "that which we seek to interpret." Some of us will strive until we exhaust ourselves; others will move along easily and steadily; and a few will be unable to contain themselves, their excitement of understanding is so intense. The method is not important, but the effort is. I have observed that we don't always comprehend what we're learning anyway. In the end, it is not that we all produce perfect work, it is if we do, we must all have the right to our perfect reward. Law school is no place to show students how to be unjust, and by such injustice, to be dishonest. I actually wrote this complaint to the paper during the second week of classes in September. I informed my T.A. of the letter, and when he recovered from his initial annoyed emotion, he said he didn't think I could fairly or rightly judge after only one week of classes. He also told me that if I felt the same way after being in the law school experience for a period of time, I should print it. A semester has passed, but I still feel the same. I harbor no disparagementtowards him or the incident or anyone elsefor that matter. He was relating in a very honest and frank manner what he had been told the standards were to be, from 'higher up.' Neither is it my purpose to condemn or judge those who are the hierarchy, because reasonable minds will inevitably differ. These same ones who decide the path of our legal education with a word or a stroke of the pen, do have an inalienable right to express their free will, their opinion of our work, and their power. But if they have that right, so must I. There is a quote that essentially says, "If you convinced me of your point of view and I convinced you of mine, there would still be two points of view." Is it not better yet to come together and find the most righteous view of all? Change is seldom easy, but it is almost always worth the effort. Jerri B. Gordon — �GROUND ZERO Griffin Next Despot To Be Ousted In Democratic Revolution? Question:What'sthe difference between the countries of East Europe and Buffalo, New York? Answer: The countries of East Europe have gotten rid of their corrupt, incompetent leaders. Of course, I could extend that analogy to the difference between East Europe and the United States, but for now, let's focus on the glories of that heck of a guy, Mayor Jimmy Griffin. Of course, yours truly writes this column at some personal risk, as Griffin has been known to punch first (either personally or through the goon squad known as the Buffalo police) and avoid questions later. But the power of the press will not be limited by the local version of the Ceausescu. by Michael D. Gurwitz Features Editor This just in: miffed that he could no longersell lemonadefrom lakesidestands, Buffalo Parks Commissioner Robert E. Delano had all the water drained from Lake Erie and replaced with sulphuric acid; Mayor Griffin praises Delano for doing "a damn good job." Okay, that didn't really happen, but it may as well have. The laundry list alleged on Griffin and/or Delano, for just this semester (for those of us who measure time by such quantums), includes: having Parks Department personnel work on private residences; the purchase of lots of chlorine of a type used as infrequently as Dan Quayle thinks by, who else, the Parks Department; the purchase of enough dog food (by the Parks Dept? I forget, but it was some dopey city official) to feed all of Buffalo's dogs from now until doomsday (or Dan Quayle thinks, whichever comes first): and, last but not least toxic, the dumping ofanti-freezing chemicals into Delaware Park lake on the orders ofDelano as a vicious attempt to penalize the ice-skaters of Buffalo for denying him vending permits in the park. (By the way, critics of Delano mysteriously get theircar windshields smashed by rocks I'll let youknow if I need a ride). Griffin'sreaction to these and other allegations? everything's hunky-dory, it's morning in Buf- — — COMMENTARY: Grades Are Only A State ofMind It is the end of one semester and the beginning of a new one. As first-years, manyof usare weary and not yet fully recovered from last semester's agony of exams. Even worse, after three weeks of anticipation, wondering if we will be rewarded for all the stress and strains we went through for those ever so long examinations, some of us have re- by Sandra Williams Staff Writer turned to disappointments. Some of us came up shortofthecoveted 'H' grade that is the proverbial stepping stone to security, not only for excelling in the academia butalso for better chances with the Career Development Office and with employers. Of course, I can attempt to persuade you that the Career Development will fight harder for us with our Qs and Ds. I could also attempt to persuade each and everyone ofyou that the Office will take time to help develop our resumes into ones that will accentuate the positive and eliminate the negative. I could also attempt to persuade you that whether you get or) Law Review or not, you will be guaranteed an interview. However, I am in the same boat as you. AMERICA? my compadre, and I will leave the convincing to all those on Law Review, all those with the Hs, and the CDO. I can only attempt to persuade you, however, that last semester was only the beginning. We have all worked hard and there are few good reasons that can discourage us from continuing pursuit of our goal. What many of our professors have attempted to say to most of us is that the grading is arbitrary. To believe or not to believe is our choice. We may think we have done all we could but at the end of this semester most of us will surprise ourselves as to how much more we can do. We cannot thinkof ourselves as failures this early in the game. For most of us this should only be a guide to doing betterand excelling farther. CDO cannot be responsible for us unless weare responsibleforourselves. Find out whatthe department does and employ them to work for you. Perhaps they deserved it. We all are quality material. Work together. We have to put the past behind us and hold on to that part good or bad, that will make us calmer and better. Our best defense is positive thinking and positive actions. Remember this is the end of one semester and the beginning of a new one. Good luck. falo. Asked by television journalists whether Delano should be removed from the city payroll until the FBI investigation into the above-mentioned crimes is finished, Griffin merely paused, and then smiled. Presumably the pause gave him time to think up his intelligent and measured response, a grin. And this is the man who claims to be the education president? Whoops, er, I mean the responsible leader of Buffalo? (Sorry, sometimes I get my villainous Republican politicians confused.) Let us look to the example of Eastern Europe and cast this scoundrel from our midst! It's time for a recall election in Buffalo. We only need to get the names of 19,574 registered voters on a petition within a 30 day period to do it. Time well spent, I say. I'll vote for practically anyone else: Trammel, Hoyt, the woman who walks around saying "Buffalo is to be judged thus sayeth the Lord." Anyone but Griffin! Impossible, you say? That's what they said about Romania. I believe we can improve our local government without having to pay the ultimate price, as did the revolutionary Romanians. Anyhow, we don't have a choice Buffalo must get a new government, and soon. Albania is experiencing anti-government demonstrations. If Griffin still has Buffalo in his iron grip by thetimeAlbania gains its freedom, then I for one will be one embarrassed American. Well, more embarrassed, anyway. — What Should We Think About H.L. Mencken? It is always disappointing to learn that a person whom you admire has or had certain qualities that are clearly unadmirable. This is a phenomenon that most of us experience, not just once, but many times during our lives. We are shocked to hear that Martin Luther King, Jr. and John F. Kennedy were adulterers, that Charles Lindberg was a Nazi-sympathizer, or that Shakespeare was openly anti-Semitic. Of course, such revelations don't usually change the fact that these were accomplished individuals, regardless of their personal shortcomings. What they do illustrate is that people are people, and that success at one level doesn't preclude deficiencies on others. by Andrew Culbertson Managing Editor This phenomenon, however, becomes particularly problematic when the discovered characterflaw proves to have a direct bearing on that person's historical significance. Such is the case with Henry Louis (H.L.) Mencken, whose recently published diaries contain passages that are blatantly stereotypical of blacks and Jews. H.L. Mencken, America's foremost journalist during the first half of this century, was also one of this country's greatest enigmas. Bold and brash on the one hand, eloquent and intellectual on the other, Mencken captivated America with a style of journalism that is rarely seen in today's society. Richard Wright, who was heavily influenced by Mencken, stated that he was "jarred and shocked by Mencken's style, the clear, clean, sweeping, sentences laughing at the weaknesses of people, ... ... mocking God, authority this man was fighting, fighting with words." Mencken was a fighter, and a vicious one at that. His coverage of the Scopes "Monkey" Trial (a name he coined), was clear evidence of that. Along with Clarence Darrow and William Jennings Bryan, he was one of the figures who made the trial one of the great confrontations of the twentieth century. For Mencken, who loathed fundamentalist religion as well as the white southern mentality, the Scopes trial was the perfect vehicle for him to make a mockery of the religion, and fools out of the people. Always one who saw things for what they were, Mencken's advice to Darrow "to forget about the schoolteacher (John Scopes), and worry about making a fool out of Bryan" was clearly indicative ofwhatthe trial hascome to be remembered for. Mencken, however, was more than just a bitter cynic motivated by his own personal prejudices. To many people, he was a champion of justice, a viewthat was in no small part based upon the fact that Mencken spent a career attacking a wide variety of establishment groups whose views he believed were detrimental to society. And yes, his criticism extended itself to bigoted groups such as the Ku (continued on page II) THIS IS MCPHERSON by DARRYL Notice... The Student Bar Association will be holding their meetings every Thursday at 6:00 pm this semester. An alternate meeting time has been set for Tuesday at 12:30 pm. Check the SBA showcase every week for the meeting time and room location January 31, 1990 The Opinion 7 �Pro Choice Advocates Rally In Albany January 22, 1990 marked the seventeenth anniversary of Roe v. Wade,, the Supreme Court's landmark decision that legalized abortion. The impact of this case has been mitigated to some degree by the court's recent stance in Webster v. Reproductive Health Services, decided July 3; 1989, which threw decisions concerning the legality of abortion back to state legislatures. As a result of Webster, many states have enacted or attempted to enact more restrictive legislation concerning abortion. The most restrictive to this point has been in Pennsylvania, where Governor Robert Casey signed into law a bill that requires a woman to wait twenty-four hours and notify her spouse before having an abortion. This Pennsylvania law also prohibits abortion based on the sex of a fetus and prohibits any abortion after twenty-four weeks. by Judi Zirin New York has been considered by many a "safe" state, as New York State legislators have, since 1970, supported a woman's constitutional right to choose abortion as a family planning alternative, yet there is some cause to fear that that right may be endangered. The New York State Senate Majority Leader is anti-choice, and the New York State Senate is anti-choice by two votes. Governor Mario Cuomo, although personally opposed to abortion, has continued to maintain his position that abortion shouldbe a legal alternative. In his recent State of the State address, however. Governor Cuomo referred to statistics on abortion as "sobering", and was quoted by the New York Times as explaining that he planned to designate state funds "specifically allocated for promoting the value of abstinence for young people." Diana M. Gurieva, president of Planned Parenthood of New York City, was quoted in the New York Times as noting that Cuomo appears to have "a new negativity he seems to associate with abortion that we haven't heard before." Strong anti-choice lobbies may also bear on the state legislature's decisions on abortion. Approximately 200,000abortions a year are performed in New York state, ofthe 1.5 million performed annually in the nation. In a recent poll of 900 random New York state residents, conducted by Planned Parenthood of New York City and presented to the state legislature last week, a staggering majority of overBo% supported a woman's right to choose abortion, and 70% supported the allocation of Medicaid funding for abortion. The presentation of this statewide survey to the legislature was part of a three day pro-choice lobbying campaign to demonstrate to elected representatives that New York state residents overwhelmingly support a woman's constitutional right to choose abortion and would vehemently oppose any governmental attempts to restrict that right. This lobby, planned to coincide with the anniversary of floe v Wade, included a rally in Albany on Sunday, January 21, 1990. Held at the State Legislative Office Building at Empire State Plaza, Albany, the rally was sponsored by New York State NARAL (National Abortion Rights Action League), NOW (National Organization of Women) and FPA (Family Planning Advocates). Despite prohibitive weather conditions, which included enactment of emergency snow removal measures by the city of Albany, women and men from all over the state joined to celebrate the historic Roe decision and express theirdesirethatNew York remain a state in which women have access to safe and legal abortion. As many as 1,000 people have been reported in attendance. The hearing room designated for the rally was filled far beyond capacity, with people sitting on the floor and in the aisles. People unable to gain entrance to the hearing room filled the foyer of the State Office Building outside the room. Although many had travelled extensive distances in adverse weather conditions, those attending the rally were enthusiastic, optimistic and spirited. About fifteen UB Law students and alumni attended. The rally included speeches by New York State Attorney General Robert Abrams, as well as a number of state legislators who have long supported the pro-choice posi- tion. There were several musical presentations, including an audience participation original song by folk singer Sandy Rapp entitled "We Will Not Be Moved" that had most at the rally singing. A number of soap opera actors and actresses who have formed a group called "Daytime for (continued on page 11) Early Bar Review Program Offered To Third Years Starting Saturday January 27th, Spring 1990 graduates were given the opportunity to get a jump on preparation for the bar examination. GRATIS! Staff Writer Live Presentation 2/24& Torts Testing 2/25 and Feedback 3/24& Property (Marino) 3/25 3/31 & Property Testing 4/1 and Feedback Associate Dean Philip Halpern has organized the three leading commercial bar preparation organizations, Barßri, Marino, and Pieper, to present lectures and administer tests in the three most heavily tested subjects on the New York Bar Exam: Contracts, Property, and Torts. All classes will begin at 9:00 a.m. in Room 106. Presentations will be live, videotape or audiotape depending upon the firm presenting. Saturday presentations will be repeated by audio on Sundays. In all, 35 review hours are scheduled over a period of seven weekends. To date, the schedule is as follows: Audio Presentations 1/27 & Contracts Lecture 6 hours 1/28 (Pieper) 2/3 & Contracts Lecture 6 hours (Pieper) 2/4 Written 2/10& Contracts Testing 3 hours 2/11 and Feedback Video Presentation 6 hours 2/17 & Torts Lecture (Barßri) 2/18 The testing will consist of essay and multi-state questions. Dean Halpern stresses that the testing conditions will be as realistic as the students allow them to be. Students should make good faith efforts to answer the questions to receive the maximum benefit of the program. The answers to the multi-state questions and the essay will then be analyzed in lectures or written materials furnished by the respective firm responsible for the presentation. The Early Start Bar Review Program should improve a serious participant's substantive knowledge of the material as well as test-taking skills. You know how it goes, "Practice makes perfect." This is not only an excellent opportunity to get a head start on the only exam that really matters, but also affords students not yet committed to a bar review program, to make a consumer comparison of thethree review courses. Bar review SO SOON?!!?! Why not? Graduating students have everything to gain and nothing to lose by their participation in the Early Start Program by Maria Germani 3 hours 8 hours 3hours Spring Semester Discount $SAVES When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1990 Class of 1991, 1992 & 1993 1990Regular Tuition $1145 $895 New York New Jersey Massachusetts, Conn., Maine, NH.RIorVT $995 Spring Semester Discount Ajaa yI UU YOU PAY 1990 Regular Spring Semester Tuition Discount ONLY $1045 $795 $895 New York New Jersey Massachusetts, Conn., Maine, NH.RIorVT $1145 $895 $995 Ajap- y — Anticipated 1991 Tuitions: New York $1225; New England A $50 REGISTRATION FEE RESERVES THIS PRICE. 415 Seventh Avenue, Suite 62 20 Park Plaza, Suite 930 212 594-3696 617 695-9955 201623-3363 _ JM M JBk M I £0 "f BAR REVIEW 8 The Opinion January 31, 1990 ONLY $1020 $770 $870 — $1075; New Jersey — $975 MAM -wA \ "// YOU PAY WkJ/^k. \*W �Complaints Continue To Flow In The Law Library The Complaint: How come the library doesn't subscribe to the N.Y. Daily News and/or the New York Post? The Response: The Law Library subscribes to newspapers based on several criteria: (1) importance to a law collection, (2) delivery speed. Neither the New York Daily News nor the New York Post are delivered to campus by truck. Delivery by U.S. mail would cost $280 for the Daily News and $190 for the New York Post. Since these papers would arrive three to five days after publication and are not as important to a law collection as papers such as the New York Law Journal or the New York Times, we do not subscribe to them. The Undergraduate Library in Capen does subscribe to the Daily News. It keeps only the current week. None of the campus libraries subscribe to the New York Post. The Complaint: I have been making excellent use of the video equipment available from A.V. Unfortunately I do not have access to editing equipment. It would be very nice and convenient if the Law School had its own video editing equip- ment. The Response: We understand your frustration in not having convenient video editing equipment here in O'Brian Hall. As more laws students use videotape to present information, whether as part of their course work or in connection with activities of the numerous special interest law school groups, the need to edit the work into a coherent and effective presentation is becoming quite pressing. Currently, a basic video editing system costs about $3,200. Not surprisingly, there is no such amount in our current budget but we have put it on our wish list for the — future. For the present, video editing is possible on the South Campus through use of Education Communication Center (ECC) equipment. Contact the A-V librarian for more information. The Complaint: While it is clear that the library should not be overheated (or even heated to comfort when it's very cold outside) why do the vents extrude cold air on such a cold day? The drafts are awful — if warmth cannot be provided, please don't blast in with cold air and add insult to injury. The Response: The Chilled Water Plant personnel cannot respond to your complaint without knowing where you were sitting when you encountered the drafts and cold air coming out of the vents. Could you please be more specific?Thank you. The Complaint: The ventilation system on the 6th floor makes too much noise. NYS Bar Seeks Three Year Stay On Mandatory Pro Bono It seems unlikely that any lawyer or lawyer-to-be will be doing mandatory pro bono work for at least three years. In mid-1989, Chief Judge Sol Wachtler's Committee to Improve The Availability of Legal Services recommended that each lawyer in New York State be required to do a minimum of 20 hours of pro bono work per year. Many of New York's lawyers adamantly opposed such action. And, recently, the New York State Bar Association (NYSBA) adopted a twenty point plan as an alternative to mandatory pro bono. The plans is based on volunteerism. With the threat of pro bono in the air, this "volunteerism" plan may actually work. — by Mary Clare Kane Staff Writer The plan asks Chief Judge Wachtler to delay consideration of mandatory pro bono for three years so that the Bar's proposal can be implemented and evaluated. The New York State Bar plan will build on the 29 organized volunteer pro bono programs which already exist throughout the state. In the area of pro bono work, the plan outlines unprecedented efforts to increase and then measure the level of lawyer volunteerism and/or contribution. These are some of the suggestions: First, the plan advocates the adoption of specific aspirational guidelines regarding the quantity of work pro bono lawyers should do with those legal services agencies that address the needs of the poor. It is no coincidence thatthe NYSBA report also recommends that lawyers do 20 hours of pro bono work per year. Those lawyers who are unable to contribute their time are encouraged to make a monetary contribution. Second, the plan urges that barriers to volunteerism be removed. The report urges all local bars to establish formal targeted training programs in poverty law subjects for volunteer attorneys. Such programs would adequately prepare lawyers to handle fairly simple divorce, bankruptcy, and public benefit matters. The report also encourages local bars to assess the local needs and to formulate a specific action plan to address the unmet legal needs of the indigent in their area. The plan recommends that local bars conduct a survey of all registered attorneys annually and biennally to ascertain and target each registrant's qualify- ing pro bono services. That is to say, which lawyers are best suited to supply work in areas such as matrimonial law, bankruptcy, housing or administrative benefits. The plan also recommends that other support be obtained from judges, law schools, court reporters, legal secretaries, doctors and psychologists. It states that "the Governor, Attorney General, county, city and town attorneys and the chief legal officer of each state or federal agency within New York, should adopt policies that permit and encourage their staff(s) to provide pro bono services in matters that do not conflict with their respective official duties." Locally, the Erie County Bar Association (ECBA) has "spared no effort in opposing mandatory pro bono." The ECBA, however, did resolve to set up a Task Force to develop voluntary alternatives to mandatory pro bono. A preliminary report was issued, and it assessed the legal needs of the poor in Erie County and considered where individual attorney involvement is appropriate as well as those areas which are best left to legal service providers such as Legal Aid and Neighborhood Legal Services. It is a fact that now, only 15 per cent of the legal needs of the poor are currently being met. It is another fact that lawyers have a moral and ethical duty to provide pro bono services to the needy; however, this duty is also a legal duty. It is already "mandated" by the Code of Professional Responsibility. One's choice to become a lawyer carries with it the duty to provide adequate legal services to the people in this country who cannot afford costly lawyers. But, there already are existing organizations which are mechanisms through which a lawyer's pro bono services can be utilized in the various areas of poverty law and channeled to needy clients. The avenues of the Legal Services Corporations, Volunteer Lawyer's Projects and Neighborhood Legal Services or Lawyer's Referral Services are available in most states. Though Legal Services Corporations continually battle for federal funding, they remain a critical resource for the provision of legal services for the poor. Thus, in order to avoid the imminent "threat" of mandatory pro bono work, each lawyer and lawyer-to-be should volunteer their time, services or their money in order to improve the availability of legal services. Can the noise be suppressed in any way? The Response: We have notifiedtheChilled Water Plant personnel of this problem, and they will try to make an adjustment in the force of the airflow on the sixth floor. The Complaint: Could you possibly turn the heat up! It is freezing in here all the time.I know you need it cool for the books but most libraries are a little warmer. The Complaint: Turn up the heat on the upper floors. The Response: Congratulations for knowing that book papers last longer at cooler temperatures! However, the temperature in the Law Library has little to do with that fact. You may be surprised to learn that the temperature in O'Brian Hall is controlled remotely from the mirror-sided building, called the Chilled Water Plant, which is located south of the academic spine near Millersport Highway. UB operates under an energy conservation policy that is driven by the serious need to remain within the UB utility budget. Quoting from the Campus Heating Policy, "During the normal working day, all offices (8:00 am 5:00 pm), classrooms and labs (8:00 am -10:00 pm) will be heated to 68 degrees F... Physical Plant personnel will attempt to resolve problems in those occupied spaces where the temperature is habitually below 68 degrees F. During the evening and on weekends and holidays the temperature will be allowed to drop to 55 degrees F before heating will occur..." So, what can you do? The best advice we can offer is self-help. Dress in layers so that you will be ready for anything down to 55 degrees F. Based on past experience, early morning, late evening, and the weekends are the coolest times. Plan to do your photocopying in theafternoon, because the copiers are more prone to break down when it is very cold. Please inform Ms. Iris Reese in Room 208 of the specific location ofextra-cold areas in the Law Library so that the problem can be reported to the Chilled Water Plant. At night and on weekends, please report the problem to the student assistant at the Circulation desk. General questions about the University's conservation policy can be directed to Mr. Voldemar Innus, Associate Vice President for University Services (636-2922). - The Complaint: Could we possibly see issues of the Washington Post? After all, it is the paper which our (esteemed?) legislators read every day. The Response: The Law Library subscribes to the weekly edition of the Washington Post. It is located on the newspaper rack. The full text of the daily edition can be searced on NEXIS; it is online within 24 hours. The daily editions of the Washington Post are available just down the hall in the Lockwood Library and also in the Undergraduate Library, located in Capen Hall. There is a slight delay in the appearance of the daily issues on campus, since they come by mail rather than being delivered. The Complaint: The large paper stapler (with thevery thick staples) is not working properly. Would it be possible to replace it, or get a few extras so that when one breaks down another can be used? The Response: We were very disappointed with the stapler in question. It literally fell apart after being in service for less than one year. A spare is in service now, and another is on order. The Complaint: Could the Law Library get a subscription to USA Today? Sure, it's a lousy newspaper, but it has a great sports section. While you're at it, you can cancel the subscription to Times Union andSaratoga paper—who reads them? The Response: The Law Library does not plan to subscribe to USA Today during the current fiscal year. For your information, it isamongthe newspapers available for purchase at the candy counter in Capen Lobby and in the Student Actitivities Center. The Albany Times Union is a useful paper for New York politics and legislation. However, we will be cancelling our subscription when we can access its contents through the online database called VU-TEXT. The Complaint: Many books are left on tables for days before being reshelved. The Response: The Law Library's regular procedure for the second and third floors is to clear books from tables and copy rooms twice a day.The first sweep occurs between 4 and 6 p.m. and the second occurs just before closing. The fourth, sixth and seventh floor tables are cleared during the evening on alternate weekdays. During the semester's busiest period, this plan can falter because (1) more books are left lying around, and (2) we need to assign theshelvers as extra assistants at the Circulation Desk. Your comment is a helpful reminder to us of how important reshelving is to our library users. You and your fellow students can help us stay on course by reshelving second and third floor reporters and law reviews after use. MOVIE REVIEW: Courtroom Drama Plays Out in 'Music Box' In Music Box, the latest film from director Costa-Gravas (Missing, Z), Jessica Lange plays a criminal defense attorney who finds her basic life assumptions suddenly challenged when she must defend her father against charges of being a Nazi war criminal. A special prosecutor from by Michael D. Gurwitz Features Editor Washington, played by Frederic Forrest, launches his legal attack with a passion, but the greater conflict of the film lies between Ms. Lange and herfather: is this loving, hard-working old man the same man personally responsible for the brutal deaths of thousands of people in World War II Hungary? Music Box is a treat for law students. A good portion of the film takes place in the courtroom, or behind the scenes as Ms. Lange confers with her father-in-law, a high-powered corporate lawyer. There are intimate scenes of the two lawyers and judge fighting it out at the bench, and — plenty of "Objection, your honor! Overruled" dialogue that law students love so much. This is not an action movie, and at two hours, it teeters on the edge of dragging, but Musicßox\s overall an excellent, wellacted, intelligentfilm. Onefinal note: Music Sox is refreshingly outdated. The modern Hungary described in this film is not the same Hungary that we've been celebrating for the last couple of months. So aside from being an enjoyable, engrossing film. Music Box is also a terrific reminder of what George Bush might refer to as "that progress thing." {Music Box\s rated PG-13 for language). DEADLINE NOTICE The deadline for the next issue of The Opinion is MONDAY, FEBRUARY 5, 5:00 PM Please put all submissions in box 59 or 60. January 31, 1990 The Opinion 9 �Which bar review really lays down the law? I Bar reviews that ,. provide "outlines. Bar Hh Kaplan-SMH Review Services which provides you with full narrative texts for all of the subjects you will see on your bar exam. Ask The Right Questions, Get The Right Answers* - -- See your Campus Rep, or call: STANLEY H. l*v( I/AIM AKI-CAALJ jIVI _/%i%l I I K/\ MM mm WMA 1W mX I fl \ LA BAR RFVIFW IVL V ILVV SFRVICFS IV-LO p. IOTMV (800)2234782 (800)343-9188 10 The Opinion January 31, 1990 BUFFALO AREA stanley H Kaplan Ed ctr Ltd 1330 Nj a gara Falls Blvd. - (opposi,eßoulevardMall) Tonawanda, New York 14150-8917 (716) 837-8022 �AN TCHROES ATION Law School News Briefs University of Utah The Utah Lawßeviewhas implemented a plan called "Firm Commitment," an attempt to raise money for homeless people in Salt Lake City. The plan calls for students recruited by law firms to choose budget meals and lodging during the recruiting process. Participating firms calculate the difference between the amount of money saved by the budget meals and lodging, and then donate the difference to a homeless shelter in Salt Lake City. Frank Layden, former coach and now president of the National Basketball Association's (NBA) Utah Jazz, spoke in conjunction with the school's Sport Law curriculum. Layden credited thetremendous increase in NBA players' salaries over the past decade to the advent of the sports attorney (agent), and also stated that he believed the NBA players' draft to be unconstitutional to the extent that "players should be allowed to choose where they play ball." (On The Merits, vol. 1, no. 3, November/Demember, 1989, p. 1). Valparaiso University The American Bar Association (ABA) dismissed a complaint lodged by secondyear student Stephen Whitfield, who had alleged that the school was in violation . of ABA standard 212, which requires accredited law schools ".. to provide [racial and ethnic minorities] full opportunity for the study of law ..." Whitfield is the only black student in theclass of 1991, and complained that the school had only actively recruited two black students for his class. (The Forum, vol. XX, no. 3, November 14, 1989, p. 1). Western New England Amidst charges of bias and procedural irregularities, the SBA "approved sweeping changes to the process used in selecting faculty/student committee picks." The formal charges stemmed from initial complaints by first-year student Luis Vera, who had alleged that the SBA selected members of the committee in a racially biased manner. Vera had been denied a position on the Admissions and Financial Aid Committee.Specifically, the former selection process had no actual procedure that was consistently followed, while two students were appointed to two positions each, in violation of the one-student-one-committee academic standard. The new bylaws, among other things, require that all applicants receive an interview by the SBA executive board. (Lex Brevis, vol. XXVIII, no. 4, November 20, 1989,p. 1). New York University Cardinal defense attorney Barry Slotnick gave a talk entitled "Criminal Defense Practice in the Public Eye" as part of the SBA's Speaker Series. Slotnick spoke on a wide range of topics, including his recent defense of vigilante Bernard Goetz. With regard to the Goetz case, Slotnick said he believed that the verdict "stands for the idea that a person can defend him or herself by using an illegal weapon." He also pointed out that in his estimation, "the field of criminal law is lacking in talent as compared with other areas of the law." (The Commentator, vol. XXIV, no. 6, November 16, 1989,p. 1). ... Univ. of Pennsylvania Under a cloud of dissatisfaction from within the law school community, Dean Colin Diver has requested a review of the school's loan forgiveness program by the student-faculty Freedom ofCareer Choice Committee. Under the program, students who opt for careers working in the public service receive grants to pay for a certain amount of their loan debt. The main complaint with the program has been its inability to function at a level nearer the amount that the school has been allocating for it. Although $60,000 has been available over the four years the program has been in existence, only $9,000 has been distributed. (The Perm Law Forum, vol. VIII, no. 3, November 6, 1989). THE WAY IT WAS-FEBRUARY 1966 Look At ThePast Enlightening Following is an excerpt from the February 1966 issue of The Opinion. The Opinion is in its thirtieth year of publicationand we will be sharing bits ofits past throughout the semester. LAW WIVES One of the offshoots of the law school is a small but dedicated group of girls, the Student Law Wives' Organization. Formed in 1957,its official purposes are: To create enjoyable group settings in which girls in the unique situation of being married to law students can meet and promote friendship, and To raise funds for scholarships given annually to deserving married students. Of the roughly 270 future attorneys at SUNYAB law school, 77 are married. Not all of these girls are members, but those belonging are all active, participating members, making up with their willingness and energy for their relatively small number. In the past, thegroup has held one large fundraising event during the year, however this year a highly successful rummage sale was held in November and a hat show, dessert card party will be held February 21st at the Brounshidle Post, 3354 Delaware Aye. at 8 P.M. This event, chairmaned by Frank Parson's wife, Claudia, is open to the public and tickets at $1.50 may be obtained from Mrs. David Horan. New wives are always welcome to join dues are nominal, $2 a year and only $1 after January. Although, as we mentioned previously, the Law Wives' are a relatively small group, their value is felt not only in the $1400 that have been given during the past years as scholarships, but also, and this is what will be remembered most by its members, in the warm and lasting friendships formed by the girls during these important years that their husbands are law students. — Pro-Choice Rally from page 8 Choice" spoke at the rally, explaining that they wished to utilize their visibility to garner pro-choice support. Perhaps the most moving entreaty of the afternoon was that of NOW president Molly Yard. Ms. Yard spoke of Becky Bell, an Indiana teenager who became pregnant. Because of a parental consent requirement in her state, Becky Bell could not obtain an abortion. Shecould not speak to her parents about her condition. Becky Bell died in 1988, after attempting to selfabort. Molly Yard was meeting Becky Bell's parents later the day of the rally, as they have since become active in the fight to keep abortion safe artd legal. Molly Yard spoke of the need to oppose restrictive parental consent requirements that require that minors obtain the consent of their parents before being allowed an abortion, even in cases of abuse and even when the father of the pregnant minor is also the man who impregnated her. At the rally alone, Molly Yard raised over $2500.00 for pro-choice. Following the rally, a reception was held at the Albany Hilton. H.L. Mencken from page 7 Klux Klan, a fact that makes his own bigotry even more disturbing. Earlier I mentioned that at least in some instances, an unsavory revelation about an individual may affect that person's historical significance. While nothing can ever change the impact Mencken had on the society he lived in, thefact that he was a bigot arguably suggests that he wasn't as enlightened as we might like to believe. After all, how could someone as socially aware as Mencken have held views that were so socially irresponsible? The answer to this question, if there is a legitimate answer, lies perhaps in the fact that Mencken, in many ways, was an oxymoron. On one level, you had the prototypical journalist:witty, sardonic, and quite cynical. On another level, there was the intellectual Mencken. One commentator recently noted that although Mencken rWAITING POX CUOttcT r possessed one of the great intellects ofhis era, he often did his best to hide this fact behind a facade of belligerent cynicism. To the extent that Mencken was a paradox, it is possible that he was unable to separate his views of society as a journalist from his own personal prejudices. As someone who has admired Mencken, I find the passages in his diaries to be quite disconcerting. The fact that Mencken was an enigma, while it might partially explain his personal prejudices, is certainly not offered to justify or excuse these prejudices. Nevertheless, history will be the ultimate judge as to the extent that Mencken's personal prejudices deter from his professional accomplishments. For now, however, it is sad to think that Mencken may have spent at least part of a brilliant career attacking something that he, albeit indirectly, seems to have supported. 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 11 \ X^ The Opinion Page eleven �N Prof. A M* I I VI I I I I I/! I 1 I X/l I £\l" ■— ■ \> I Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be offered live in New York City and on audio- or videota p e in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: BAR/BRI 415 Seventh Avenue, Suite 62 New York, NY 10001 212/594-3696 CPLR Mini-Review: An Overview of New York Practice and Procedure Date and time &4fl review to be announced. © 1990 BAR/BRI 12 The Opinion January 31, 1990 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-01-31 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aa35afc73931933b1db4773a5640cfdb.pdf eade756cdc132fbfae4096193ee77e2a PDF Text Text TO HE PINION Volume 30, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 22, 1989 Professors Debate The Merits of Civil Disobedience On Wednesday, November 8, 1989 the Buffalo Federalist Society presented a debate the issue being: "That we live in times when it is appropriate for law professors to engage in, and encourage, civil disobedience."The participants were Jeffrey M. Blum, SUNYAB's Associate Pro fessor of Law and Walter Berns, a John M. Olin Professor of Government at — by Maria Germani Staff Writer PROFESSOR JEFFREY M. BLUM Prof. Blum began with a definition of law and the attributes it should have. According to Prof. Blum, law is "a kind of ideal realized in practice to greater and lesser degrees." The five attributes law should have are: 1. The notion of orderly procedure; 2. An ongoing dialogue between legislators and their constituents —"state officials all too often become or get too far out from people"; ing smoking marijuana, as an analytical example in his discussion of civil disobedience. According to Prof. Blum, "sometimes the law becomes dragged down, and it's the duty of the citizens to reach down and get the law out of the gutter, so it can function the way it's supposed to function." Prof. Blum notes that the disobedience of laws prohibiting smoking marijuana is justified for several reasons. While government may regulate to protect the health and safety of citizens, freedom to participate in a religion of one's own choice is protected by the First Amendment. Prof. Blum remarks that the basis of policy for those laws prohibiting marijuana is not safety referring to marijuna's less addictive and damaging physical effects compared to alcohol. Prof. Blum portrays certain drug policies as an "abandonment and abuse of law" with the "tyranny of the majority [standing] in opposition to valid law." Besides the lack of validity of these laws (five years in jail for possession of a joint), Prof. Blum attacked the absence of truthfulness from these laws. The "dominant group has disavowed truth as a goal" and participates in the "deliberate spreading of misinformation." Prof. Blum specifically referred to the big campaign mounted by the Government against marijuana, and the flood of commercials depicting pot users as lazy, shiftless, and irresponsible. "Laws against marijuana are based on immorality and unfeasability." Referring to the Assets Forfeiture Statute, Prof. Blum noted that government reaches a point where it needs "more and more Draconian law to make it work." For all these reasons, "it becomes the duty of peopleto makelawfunction good [sic]." — Professor Jeffrey Blum and Walter Berns shake hands after the debate 3. Truthfulness"law cannot rest on lies and deception"; 4. The idea of spontaneous order "law degenerates into various rates of Lee Albert, Blum took the affirmative side breakdown" of the issue while Prof. Berns argued its 5. A moral grounding "law must be a negative. Both participants were allotted 15 minutes to present their side, as well sincere application of morals shared by society." as 15 minutes of rebuttal. Afterward, each participant posed questions for the other to answer. The debate concluded with Prof. Blum used America's "War on questions from the audience. Drugs," specifically those laws prohibitGeorgetown University. Prof. Berns also taught at Cornell University and the University of Toronto. Moderated by Dean — — — PROFESSOR WALTER BERNS: Prof. Berns began with a brief discussion of Martin Luther King and his "open, non-violent and loving breaking of the law." According to Prof. Berns, civil disobedience is an appropriate form of action only for citizens people who share in the making of the law. "Martin Luther King wanted to reform the law not the system." [HeJ wasn't engaged in civil disobedience as he defined it. He was just testing the Constitutionality of Birmingham law." Prof. Berns' core analysis is the Constitution's recognition of the difference between a Constitutional finding of law and the breaking of law. According to Prof. Berns, civil disobedience is the refusal to obey the law of the Constitution. Such disobedience is an "appeal to a justice not found in the Constitution." Prof. Berns' major problem with this is most succinctly put in the questions he posed; "Who has access to this higher than higher law? Everyone or someone? What elevates one person over another?" His answer to the questions he presented was, "everyone is subjected to the rule of law even those who say they are above the law." According to Prof. Berns, judicial review is an option over breaking the law a "civilized civil disobedience." To test the law, you only have to avail yourself of the process of law. Prof. Berns recognized that special circumstances do exist where you can't test the law unless you break it. A recent example of this kind of situation occurred with Gregory Johnson's act of burning the American flag. Prof. Berns' rationale for choosing judicial review over civil disobedience: "We don't want to br !n" thic c "ctom «* law into disrepute." (continued on page 3) — — — — Environmental Activist Speaks At Woldman Theatre November 7,1989 in Woldman Theatre at 7:30 p.m. Lou Gold, the "Johnny Appleseed of Oregon forests," held a dis- cussion he called "Saving America's Ancient Forests." The purpose of the talk was to garner support to make Siskiyou by John B. Licata Staff Writer Lou Gold National Forest into a National Park, a move that will protect the "old growth forests" from the encroaching timbercorporations Holding his hand-made Bald Mountain talking-stick, a five foot piece of Douglas Fir that doubles as a pointer for his effective slide presentation, Lou has the appearance of a character stepping out of a J.R.R. Tolkien novel. Bandannaed and bearded, wearing a spotted-owl t-shirt and jeans, Lou Gold represents the archetypal vagabond storyteller. He weaved together the history of the "old forest," the economic factors that put the loggers in their present predicament, and the peril of losing the precious temperate rain forest. To encapsulate his discussion is to transcribe poetry into prose, a method more favorable to cases than causes. Lou Gold began his ecological activist career near Bald Mountain by sitting in front of a bulldozer with three men from Earth First. At the time, the three happened to be the entire membership ofEarth First. The logging company pickup truck eventually dragged one of the protesters approximately sixty yards up the dirt road. The local television news crew happened to be at the scene and recorded the event which sparked the grass roots movement presently working for Siskiyou National Forest to become Siskiyou National Park. "In the park it is illegal to cut trees, while the [Park] Service presently negotiates contracts for over sixteen billion tons of timber per year." "Theold growth forest has obtained the perfect balance between death, decay and life, birth, and growth: two elements in perfect harmony." Lou Gold pointed to nature as a "pure recycler" stingy with her resources in the continual pursuit of diversity and stability in the ecosystem. Dead trees form an integral part of the system. In contrast, the industrial forestation view of a forest resembles "the teenage view of perfect health: no zits." An effective argument for preservation of the existing forests was thefrustrating encounter he and fellow conservationists had while trying to save a stand of thousand year old trees known as Millen- mum Grove. His fellow activists spent four weeks in the limbs of these trees during the onset of winter in a successful delay tactic against the logging companies. Logging operations shutdown for the winter, giving the environmentalists time to provide the court with new data regarding the historical and ecological significance of Millennium Grove. It was an effort to reopen a contract between a logging corporation and the National Park Service. In contrast, the logging corporation had a legal point to assert when it continued on page 4) Handicapped Access Improving Over the past few years O'Brian Hall has undergone a series of physical improvements in an effort to make it more accessible to the physically disabled. The administration has also taken steps to accommodate the individual need of physically and learning disabled students. However, there are still many barriers (not just physical) for disabled students. by Maria Schmit Staff Writer In February 1988, a Committee on Law Students with Special Needs was formed. The Committee, chaired by Professor David Engel, is composed of students and faculty members. The first task of the Committee was to explore the law school and identify physical barriers as well as to examine the law school's policies and programs to determine if they met the special needs of the students. In October of 1988 the Committee put out a Final Report and Recommendations. The Report concluded, in part, that: "the Law School must take prompt and aggressive steps to ensure that persons with physical and learning disabilities may fully and freely participate in all aspects of Law School Life." Consequently, the law school has made many improvements. Assistant Dean Marlene Cook, whose position involves dealing with problems associated with the building, has been very instrumental in implementing physical changes. Various problems that had been identified by the Committee, have since been improved: floor drains were installed in the entrance vestibules; old mats were pulled up and the floors were leveled; the new surface was painted with "non-skid" material; stairwells from the basement to the top floor were painted brighter to help (continued on page 11) HIGHLIGHTS Law School Registrar Helen Crosb) retires after years of service to UB page 3 Compassion is the Fashion this season page 7 Commencement committee update page 9 �Without Pieper, You Could Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's what you'll get at THE PIEPER BAR REVIEW. It provides a complete lecture series, essay writing, multistate practice exams, books and a seminar for the MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. — ~~ PIEPER NEW YORK MULTI STATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, N.Y. 11501 (516) 747-4311 2 The Opinion November 22, 1989 �Helen Crosby Retires After 45 Years of Service To UB This semester marks Registrar Helen E. Crosby's last year at ÜB. Starting at the Main Street campus and then at the Law School, Ms. Crosby has helped to keep the records at UB straight for almost half a century. by Len B. Cooper being especially memorable. In particu- she described the hectic spring semester of 1969, when the campus sported riot police and tear gas, as being "not very pleasant." That semester was dubiously highlighted by thefirebombing of the Main Street campus office of records. Not many people would think to lar, Staff Writer Ms. Crosby started work at UB in 1954 as Assistant to the Director of the Office of Admissions. She was attracted to the admissions office because it offered a variety of assignments. She was attracted to UB because it offered "more of a small college atmosphere." Ms. Crosby stayed at the UB Main Street office for twentytwo years. When the Law School was organizing its own office of admissions and records, they looked to Ms. Crosby to provide the experience and capability that was required. She did all of that and more. She continued on at theLaw School, starting as Assistant to the Registrar and eventually becoming the Registrar, and will end her distinguished career with the close of this semester. Ms. Crosby recalls the late 1960s as Helen Crosby look at all of the consequences which such an act really entailed. But to Ms. Crosby and the A&R staff it meant a massive clean-up effort as they painstakingly reconstructed the student records and got the school running efficiently again. Amidst such chaos, Ms. Crosby was able to keep a cool head. Ms. Crosby modestly stated: "I was never afraid." Four decades of service produced many changes in the school's record keeping system. By far the most striking was the conversion of the school records to computer data during the 19605. Ms. Crosby recalled the pre-computer days when trays and trays of student records were meticulously sorted by hand. Those days have disappeared. Ms. Crosby foresees a time whenalmost every aspect of student record keeping will be done by computer. Under such a scenario, a student would be able to register for courses by logging onto a computer and completing the whole process automatically. In addition to the variety, the thing which Ms. Crosby has enjoyed the most about working at UB has been thecampus atmosphere itself. Ms. Crosby takes special pride in her direct knowledge of dozens of students and faculty whom she has met over her tenure at ÜB. When asked what she liked least about working at ÜB, Ms. Crosby replied good- naturedly: "The first day of add/drop! It's the most busy day of the year; it's always like that!" The staff at the A&R office had nothing but good things to say about Ms. Crosby. "I love working with Helen," said Sharon Leone who is on the Registrar's staff. "She's contributed a lot to the law school, to the University, and to me personally." This sentiment was echoed by Technical Specialist Marie McLeod who was happy to see that The Opinion was doing a long overdue article on Ms. Crosby: "Helen does a lot of things that no one realizes. It's good to see her get some recognition." When asked which of Ms. Crosby's qualities stood out most in her mind, Ms. Leone replied: "No matter how rude some people are, Helen is always nice. She is always smiling!" When asked if there was anything in particular she wanted this article to include, the ever faithful Ms. Crosby replied that The Opinion should be sure to tell students to watch for next semester's registration material around November 20. Yes, the semesters at UB will continue, but they won't be recorded quite the same without Helen Crosby. Financial Aid Office Now Provides Counselor To Law School This year, significant improvements have been made in theLaw School Financial Aid Office. For the first time, the University's Financial Aid Office has devoted one of its counselors to part time work at the Law School, thus eliminating the need for Graduate Assistants in the Law School Financial Aid Office. by Donna Crumlish Editor-in-Chief For the past eight years, Graduate Assistants had been used to satisfy the need of law students to have on site financial aid assistance. Although the Graduate Assistants put forth tremendous effort, there were serious problems with the system. The Graduate Assistants were not always well informed on current financial aid matters. This was not entirely their fault, however, as they were expected to carry on studies as full time students and devote twenty hours a week to the Financial Aid Office. The changing nature of financial aid rules and regulations made it impossible for them to keep current on all Mr. Ganser added that University-wide, more changes have also occurred within the financial aid system. "The Capen Hall Financial Aid Office has also expanded... we now have two full time counselors, besides Karen, that are available throughout the week to assist studentswhen they are unable to get in to see Karen during her office hours." Another big change that has occurred is the computerization of theLaw School Financial Aid office, so that it is on line with the Financial Aid Offices on the Main Street Campus and in Capen Hall. The Law School Financial Aid Officer no longer has to keep track of numerous student files, as information on a student's financial aid situation can be called up on the computer instantly. One of the biggest advantages of having an experienced Financial Aid Officer in the Law School is that the Officer is familiar with the system and the key players in the other Financial Aid Offices on campus. matters. It was also difficult for Graduate Assistants to make themselves accessible to students. They had to set up their office hours around their class schedules and as a result there were always some students who were unable to meet with Graduate Assistants. Dr. Marlene Cook, Assistant Dean at the Law School, was instrumental in revamping theLaw School Financial Aid Office. Dr. Cook was hired by the Law School in April of 1988 and financial aid was one of her main projects. Upon investigating the financial aid situation she discovered that "students were outraged at what was going on" and she felt "the Law School was advertising a product we couldn't deliver." Dr. Cook met with students last spring, including last year's SBA President Kimi Lynn King, to help clarify the problems and determine what changes needed to be made. Ms. King said "One of the main problems was that all of the student's animosity aboutfinancial aid, no matter what the reason, was taken out on the Graduate Assistant. Graduate Assistants were literally accosted in the hall by students demanding to know information about their financial aid situation. The need for institutionalization of the system was definitely one of the main problems and this new system has gone a long way toward solving this problem." Hugh Ganser, the Coordinator of the Amherst Campus Financial Aid Office, participated in implementing the new system. He said that the main change is the elimination of the Graduate Assistant's role in Financial Aid and the placement of an experienced Financial Aid Officer in the Law School, part time. A Financial Aid Officer now spends a minimum of twenty hours a week in the law school. cial aid services at the Law School." Ms. Kubiak agrees that the student response is positive and that the system is working. "During the slower times of the year, like now, I see abouttwenty students a week. Earlier in the school year when most financial aid business is transacted, I had lines of students waiting to see me, but these lines moved quickly." Adds Dr. Cook "Luckily those lines were in this building and the law students were not competing with the undergraduates." A new and improved Law School Financial Aid Office can do little however, to change the state of financial aid in the country. Mr. Ganser explained "The Federal Government has put more rules and regulations into place, and more of the responsibility for funding education has Debate been placed on the student and the student's family. There also has been an increase in the number of characters involved in the process. Besides, the students and the University, the process also includes banks, the New York State Higher Education Corporation, and the Federal government." This year an extra effort has been made to educate incoming students on financial aid. Dr. Cook said "From the time the student got accepted we were sending out materials on financial aid so there would be no question about whatis going on." Dr. Cook, Mr. Ganser and Ms. Kubiak are always looking for ways to improve financial aid services at the Law School and are glad to hear suggestions from students. from page 1 PROF. BLUM'S REBUTTAL: Hobbes and their belief that humans are Civil disobedience is a process of naturally disobedientand require instruction on obedience. "What emerges is people engaging in "a law-making funccommand." Civil disobedience inherently tion." Prof. Blum notes that one of the functions of law is to teach, and an act of includes the willingness to accept punishment, and according to Prof. Berns, civil disobedience is merely a method of "teaching civil disobedience teaches raising questions. Seen in this light, civil everyone with the hope it's successful disobedience becomes a "process of law." "Almost eveyone is part of the prowith everyone." Prof. Berns final statecess of law." ment was "Law school should teach civil obedience, not civil disobedience" and Prof. Blum was particularly troubled by added "Not a great idea, just a suggeswhat he coined Prof. Berns' "fallacy of the excluded middle" theme. Prof. Blum tion." was referring to Prof. Berns' classification PROF. BLUM of people either under the law, or above Prof. Blum remarked that governments it. "We're all under the law vulnerable to it. If those with guns want to inflict are not perfect as Prof. Berns portrays them, and concluded by pointing out that punishment, they may." According to Prof. Blum, this theme doesn't answer policy-makers are overly concerned with keeping the value of obedience, resulting what kind of dialogue exists. In a process of representation, Prof. Blum believes the in Americans being "railroaded like catfactual dialogue should be on the same tle." As an example, Prof. Blum referred to level. studies that reveal Americans who believe Prof. Blum further contends that while marijuana should be legalized but are Courts do test the Constitutionalityof laWj afraid to sign their names on a petition. they are not infallible.Courts exist as "vicProf. Blum directed our attention to certims of the same process that corrupts tain "danger signals" such as Congress the process of representation. Judges can keeping the defense budget very high. be carriers of prejudice." Prof. Blum be"People are reluctant to give up the Cold lieves there is a distortion of facts because War because it is part of the institutional courts are often so weak on facts. One mission." result is institutionalized ignorance, PROF. BERNS which Prof. Blum partly blames on the Prof. Berns first responded to Prof. media, as well as "all of us for allowing it." Blum's assertions and then attempted to PROF. BERNS REBUTTAL: steer the discourse back onto the topic of "Our slogan is not 'No taxation!' It's the debate. "Any world government 'No taxation without representation!'" would be world-wide tyranny. Today Prof. Berns directed our attention to the we're talking about civil disobedience." "legislative debates, 'whereas' clauses, A final question Prof. Berns posed to public debates, legal briefs filed for or Prof. Blum was "Why don't you have alot against, and decisions of courts" as of faith in representative government?" examples of participation in and the proto which Prof. Blum's reply was, "Proporcess of law. tional representation would be better." Prof. Berns acknowledged that "[o]ur Prof. Berns concluded by questioning as laws must give reason it's part of the well as offering an answer to the method teaching process" and as citizens and beof determining "the moral sense of the neficiaries of the law, we have an interest community." "A Gallop Poll? Isn't that in having law obeyed. He referred to the what our system of representation is supFounding Fathers' reliance on Locke and posed to do?" November 22,1989 The Opinion — Law School Financial Aid Officer Karen Kubiak Karen Kubiak, the current Law School Financial Aid Officer said, "The Graduate Assistants didn't work very closely with the Financial Aid Office because they didn't know the people neither could the Graduate Assistants keep students' files current. Before, the Graduate Assistants had to tell the student what they needed, the student had to submitit either at Capen or Main Street and waittill it got on the computer system before they could complete one transaction. I can do the same thing in a day. This new system can save students up to a month's waiting time." Student Bar Association President Chris Reo feels "The change in the Law School Financial Aid office is probably one of the better things that has occurred in the Law School in the past year." He said the student response to the services provided has been very positive, "We used to get at least one complaint a day about the way things were run. Since the new system has been put into place we have not received one complaint on finan- .. — — 3 �BELS Sponsors Discussion On Greenhouse Effect As the Earth's ecosystem struggles to countervail the effects of increasing C0 2 emissions and a string of unusually warm years in the 80's George Bush (our environmental president), "just said no" to the Greenhouse Effect. This point was made by Paul MacClennan, Environmental Editor at the Buffalo News, during the "Dialogue on the Greenhouse Effect and Energy Choices" held in Woldman Theatre, November 8. by Jim Monroe Staff Writer Mr. MacClennan called Bill Riley, the U.S. emissary to the International Global Warming Conference this month, a "national disgrace." Bill Riley was sent by Bush to tell the conference that the U.S. will not vow to cut C0 2 emissions by any amount by the year 2000 A.D. and that a) the Conference was the improper forum for modifying C0 2 emissions and, b) that more study needed to be done on the problem. Japan and the U.S.S.R., who account for 6% and 19%, respectively, of global C0 2 emissions joined the U.S. (25% of emissions) in attempting to defeat the efforts of the rest of the world to limit planetary destruction. Mr. MacClennan's comment wss part of the faculty panel discussion sponsored by the Buffalo Environmental Law Society, the UB Recyclers, the Law School Dean's office, and Conserve ÜB. Joining Mr. MacClennan on the panel were ÜB's own Virginia Leary, International Law, Les Milbrath, Political Science, Paul Reitan, Geology, and Fred Snell, Biophysics. The comments about the inactionof our elected officials in the face of mounting scientific evidence led to an immediate interruption of the proceedings by a small group of briefcase wielding people in the center of the theater who said "Congress is doing a lot (about Global Warming)." Les Milbrath shot back, "None of the legislative bills on the table in the last ten years has ever gotten out ofcommittee." A woman in the small group replied, "Hey, we're all educated about the problem in this room, but Congressmen are elected to make informed decisions about things that affect our lives. Would you have themmakean uninformed decision?" Walter Simpson, the moderator, then interrupted and decided that even though the audience participation wasn't scheduled to start until after each speaker had made an initial presentation the speakers were amenable to questions anytime. Les Milbrath and Paul MacClennan agreed to reply to the woman's query. Les said that we now know enough about the dangers and probabilities of global warming to make the choice between apocalyptic consequences of inaction and relatively simple conservation measures. He exhorted the audience not to allow our government to play planetary politics with the environment and "to reach across borders at the grassroots level." Paul MacClennan declared that, "we can't wait until the last shred of scientific evidence is in until we decide to pay the price of implementary conservation — measures." MacClennan also decried the fact that the town planners in Buffalo created a subway system and a trolley car system that served neither Rich Stadium nor the "Gulag Amherst campus." Virginia Leary agreed with Les Milbrath's call for a grassroots global approach and referred to the U.S.'s refusal to endorse the international conference's recommendations on control of C0 2 emissions. She said that the U.S. tried to say that the proper forum for the recommendations would have been the U.N. Meteorological Organization which is controlled by the U.S., U.S.S.R., and Great Britian. Ms. Leary also noted that Third World countries may be reluctant to go along with international emissions proposals as they feel that the Western nations have had a party at their expense and should bear the full burden for correction. In developing nations, environmental protection standards are a serious impediment to progress. Paul Reitan and Fred Snell looked atthe depth and breadth of scientific evidence on global warming which has led even the traditionally conservative NASA scientists to sound the alarm. They reiterated that it is getting more and more difficult for Bush insiders to find credible scientists to support the "wait and see" approach. Mr. Reitan used overhead projections to show the correlations between the amounts of atmospheric C02 found in glacial core samples (corresponding to different geological epochs), and known temperatures during these epochs. The graphs were almost identical with higher and lower C0 2 levels slightly foreshadowing higher and lower temperatures, respectively. Mr. Reitan's research insinuates that recent correlations in increasing temperature and C02 emission are not mere random variation and that the high temperatures we are now feeling are not caused by the increasing present levels of C02, but by lower past levels of emission. This could mean that within our lifetime we will reach average yearly temperatures that would drastically change ecosystems, especially in the higher latitudes (which are affected more than equatorial regions). Mr. Reitan recalled that Bush's science advisor, Mr. Bromley, had recently been asked by Senators Al Goreand John Kerry what steps the administration was willing to take to deal with global warming. Mr. Bromley deflected the question as premature until the economic efffects of C0 2 production had been fully ascertained. Mr. Reitan warned "We have embarked upon a global geophysical experiment without any way to stop unplanned results." Fred Snell's research took a more "in your own backyard" approach to the problem. He said that it would take 68 square miles of new growth forest to consume ÜB's contributionto C02 emissions. The problem, said Snell, is that forests are being levelled, not planted. Mr. Snell also gave statistics for yearly Law Student Softball Team Wins Intramural Championship The summer gone? On October 29, UB Law's intramural softball team, The Swartz, ended its 8-0 season by capturing the university's intramural softball championship. The Swartz (a name derived from the term used in Mcl Brook's Spaceballs and ÜB's own family law instructor) played its two most challenging the Swartz giving new meaning to the term "take no prisoners." The semi-final game found the Swartz on the top side of a 10-2 drubbing of a fraternity team. In the championship game, the team breezed to a somewhat anti-climatic 22-1 blowout. Stars on the team included defensive standouts Dan "The Vacuum" Mentzer, and Chris "Take a Pitch" Reo; outfield by Dick Young stalwarts Paul "I got it, I got it" Wojtasek, games of the season in Saturday's playoff John "Mr. Leadoff" Langey, Franklin contests, beating Pain & Suffering (the "Stubbs" Fontana, and Barry "Bear-Wa" McFadden; Andrew "Clutch" Culbertson; other law school softball team) by a close (9-8) margin in the first game, and the UB and Marc "Ten-Minutes Notice" WeinBaseball Club team in the sepond game berger. The championship season was the first for the three-semester-old by a similarly close score of 7-5. On Sunday, the team's bats came alive. ballclub. The Opinion November 22, 1989 4 energy consumption in the U.S. as 320 million BTU per person compared with less than 50 thousand BTU per person yearly in Brazil and far less in other developing nations. The panel members agreed that energy choices we make today will determine the lives we lead (or may not lead), tomorrow. One member of the audience felt that the global ecosystem would somehow adjust to the C0 2 levels in the next 50 years or that the present temperatures were just part of cyclic fluctuations. Paul Reitan re(continued on page 9) 1989-90 MOOT COURT BOARD EXECUTIVE BOARD: Gary P. Hal I,Director; Leah S. Ranke,Assf. Director, Jeffrey P. Markello, Treasurer; Christina M. Berninger, Secretary; Elpjniki Moumoulidis, National Competitions Director SENIOR BOARD MEMBERS: Margaret E. Barton, Deirdre M. Bowen, Mary Catherine Callahan, Nan B. Clingman, Barbara Colucy, Thomas J. Deßoy, Kathleen M. Doyle, M. Patricia Drmacich, Kelley M. Eckmair, Sara Faherty, Frank V. Fontana, Grace Gannon, James R. Grasso, Beth Irwin, Donna Marie Karas, James P. Kennedy, Kimi Lynn King, Jonathan Kurens, Shawn D. Lavery, William A. Levine, Catherine Marra, Daniel Mentzer, Mary Lisa Mikan, Karen E. Murray, Kathleen Ranni, Colleen A. Sloan, Edward L. Smith, Kathleen F. Smith, James Snashall, Lawrence Wood. ASSOCIATE BOARD MEMBERS: Naomi Adler, Maurine Berens, Shawn Black, Mark Doane, Kevin Doyle, Rodger Doyle, Sebastian Fasanello, Dennis Fordham, Down Foshee, Allen Friedman, Thomas Galligan, Mary Ellen Gianturco, Kenneth Gossel, Robert Heary, Tammy Heckman, Diane Herrman, Kirstin Jahn, Rachel Kane, Eric Katz, Ella Krzanowicz, Brian Lauri, John McGuire, Kimberlianne Podlas, Anne Purcell, Maurice Recchia, Kathleen Reilly, James Sacco, Mary Beth Scarcello, Gerald Schaffer, Pierre St. Hilaire, Alan Voos, John Walsh HONORARY BOARD MEMBERS: William Bee, Alan Birnholz, Jennifer Dillon, Michael Flaherty, Stacy Glover, George Kotlarz, Alicia Rood, Linda Salmon, GingerSchroder, Sandra Wallace, Scott Tompsett, M. Kip Welch, John Wenzke 1989 Desmond Competition Award Winners WINNERS: FINALISTS: SEMI-FINALISTS: Stacy Glover, SandraWallace Kevin Doyle, JohnWalsh Allen Friedman, Eric Katz Pierre St. Hilaire, Kimberlianne Podlas QUARTER-FINALISTS: Rodger Doyle, MaurineBerens Ginger Schroder, John Wenzke Kathleen Reilly, Kenneth Gossel Tammy Heckman, Mary Beth Scarcello BEST BRIEF BESTORALIST 1st Kenneth Gossel, Kathleen Reilly 1st Kathleen Reilly 2nd Robert Heary, GeraldSchaffer 2nd Sandra Wallace 3rd Anne Purcell, Eric Doherty 3rd Kimberlianne Podlas 4th Ginger Schroder 4th Eric Katz, Allen Friedman sth JohnWalsh, Kevin Doyle sth Linda Salmon The Board would like to applaud the hard work and effort of all the students who competed in the 1989 Desmond Competition, and congratulate those who were extended offersof membership. This year's competition was of an extremely high caliber, and we hope everyone involved benefitted from and enjoyed the — ——— — — — — — — experience. Activist entered Millenium Grove under a snow melting, brightly shining sun, and decimated the entire stand of trees the day before the court had scheduled a hearing concerning the Park Service contract. The company wanted to uphold the sanctity of a contract, Lou talked about the re-forestation program promoted by the logging corporations that "change a balanced forest into a tree plantation. They are about as alike to the forests they replace as the corn fields that replaced the prairie" in the American mid-west. Presently, 50 square miles of the Siskiyou National Forest has been deforested. Olympic National Forest and Mount Hood National Forest represent the future of unprotected forests as, "forests without trees." Lou asserted "all of it is subsidized by your tax-revenues, otherwise it couldn't be possible." Recently, a fire, known as the Silver Fire, raged through the Siskiyou National Forest damaging many of the Douglas Firs but acting as nature's broom by clearing out underbrush and diseased trees. The U.S. Government conducted an extensive, and expensive, study of the problem and concluded that the logging companies should go in and remove the dead trees by helicopter. Lou explained the actual cutting that ocurred was "akin to mugging a burn victim. It was just horrible. Live trees were cleared as well as those that had burned to death." For his efforts Lou has been the subject ofintimidation by various means. In a presentation to a community group in Wyoming, the meeting house was surrounded by timber-hauling truckers who revved their formidable engines continually during his discussion in an effort to drown out Lou's voice. "It was like a Civil Rights event out of Alabama in the 19605." In a separate incidentLou viewed from a distance a helicopter land at his replica of a Sioux Medicine Wheel. Ac- from page 1 cording to Lou "it was a daring daylight raid by three grown men against five sticks, some pieces of cloth and a circle of stones. It took me three hours to rebuild the Medicine Wheel but it will take three hundred years to replace these forests." In discussing the economic aspect of the loggers Lou insisted that "we drew them into dependence on Federal timber. They're decent human beings caught in a pinch." He expressed the need for job training to enable unemployed loggers to enter the work force. In his defense of environmental efforts to curb deforestation Lou pointed to evidence that while the logging companies have dropped 38% of their workforce, production has increased by 40%. "Everyone perceives a global interconnection. No longer are people in New York City wondering what forests in Oregon have to do with them. There is no better opposition that widespread public opinion, and the logging industry understands this so they're trying to get in there and cut down as many of the trees as they can." In his concluding remarks Lou did not paint a very attractive mural: a bleak landscape created by our "horrendous consumption practices" of disposable goods, the disappearance of our temperate rain forests, and theextinction of natural wildlife dependent on the old growth forest. He emphasized the need for expanded role of recycling in paper products and a change in the cultural appreciation of disposable products. "The Earth First movement is to get people to act. Look into your hearts to find how to act for yourself. But, by God, act and act soon. Both life and death hang in the balance." More information can be obtained by writing, or calling: Siskiyou Regional Education Project, P.O. Box 13070, Portland, OR 97213. (503) 249-2948. .. �Professors Examine Human Co-Existence With Other Animals This is the final installment in a three part series of an article which appeared in the Sept./Oct. issue of Tikkun magazine. The recovery of context also meansthat the problem of anthropology (or ethology, or environmental ethics) is the problem of perception. How do we know the other? by Betty Mensch and Alan Freeman To deprivilege the claim that our instrumental rationality is the sole path to knowledge serves to underscore the variousness of perception itself: variety in the world is not just variety of "things out there" but variety of perceptual experience, of consciousness itself. Bees, for example, are structured so that they see broken surfaces and movement more easily than we; but they see stationary surfaces less well, and they see colors differently. What to us is a simple white flower is, to a bee, a light blueflower with shimmering, brilliant ultraviolet lines (nectar guides) pointing to the interior. Similarly, "What is it like to be a bat?" has now been posed as a serious philosophical question. Bats perceive the world through sonar: they correlate outgoing, high-frequency, subtly modulated shrieks with subsequent echoes. We can try to imagine hearing by sonar. We can also imagine, perhaps, having webbing on our arms, or flying about catching insects, or spending days lazily hanging upside down. Yet, at best, that would tell us what it would be like for one of us to be a bat, not what it is like for a bat to be a bat. That we lack the words for a true phenomenology of bat experience is hardly surprising, since we also lack the words for a true phenomenology of the varieties of human experience. We know a great deal about human beings as objects of study; we know very little abouthow to get access to each other's inner lives. With respect to animals, insensitivity to the problem of perception all too easily distorts our observations. For example, as Barry Lopez points out, the male researchers who have dominated the study of wolves through field investigation have used almost paramilitary language to describe structures of hierarchy in wolfpacks (where "lieutenant wolves" are "dispatched" and an individual wolf "pulls rank" on another). It is becoming evident however, that wolf hierarchies are more fluid, shifting and complex than once supposed. Similarly, rituals of "dominance" in baboon culture, once perceived in human terms as indicating a rigid hierarchical power structure, have now revealed themselves to be largely the behavior of insecure newcomers to an otherwise stable group. Success in dominance has, in the long run, little to dowith access to material benefit. So too our distorted perception colors our view of animal territoriality. Just as libertarian apologists for capitalism find Lockean property rights in any tribal culture that has a relationship with its things, wolf researchers have tended to see in "territory" something resembling our ownership of land, or even theboundaries between nation-states. For wolves, however, the importance of territory, the boundaries of which are not fixed but shifting, seems to lie in its relation to pack communication through scent marks. Scent marks within an area provide a kind of cognitive map for wolves, a sense of spatial organization; for by smell a wolf can tell where others in the pack have hunted successfully, or where they have traveled recently. A somewhatdifferent anthropomorphic tendency is to reject the mechanistic sterility of behaviorism only to adopt celebratory romanticism. We do wolves a great disservice when we describe them as embodying thetrue nobility we would like to find more often in human society, while we wish away aspects of wolf life that offend our liberal sensibilities. Wolves sometimes kill other wolves. They also kill young membersof prey herds, not justthe old and sick, with the choice of victim depending on a complex interplay of signals we cannot yet decipher. Despite the myths of environmentalists, wolves sometimes kill beyond their needs, and probably have killed unarmed people during periods of leanness, when taking human prey was worth the risk. The process of hunting is not especially attractive, for wolves run their prey to thepoint of bloody exhaustion, ripping at the flanks and abdomen, tearing at the nose and head. When the prey is lying on the ground, the wolves will bite openthe abdominalcavity and start eating, sometimes before the animal is dead. Romanticismcarries risksfargraverthan an occasional pretty fantasy about the natural nobility ofanimals. The grotesque racism of the Nazis was part of a more general ideology thatcelebrated a spiritualized conception of nature. Early versions of Nazi anti-Semitism were based specifically on the fact that Jews, as city dwellers, had never been part of the rural German Vo//ctraditionofclosenessto natural forces. Early nazism represented a rejection of academic scientific rationalism, along with modern technology, and a quest for a more authentic spiritual connection to the naturalworld. In its most virulentform this ideology became the romanticization of precisely those aspects of nature with which liberals are least comfortable— nature's inexorable indifference to individual suffering,the genetic eliminationof the least fit in favor of the strongest, and the seeming irrelevance of the "self" in the grand natural order of things. The Greens, who in Germany today are trying to fashion a politics rooted in a more sensitive concern forthe environment, are themselves plagued by the shadow of nazism. The challenge is to understand nature from a more ethically sensitive perspective than instrumental rationality offers, yet to do so without falling into the trap of romanticism. That challenge, in turn, has everything to do with the limits and possibilities of perception. Other cultures may at least offer some guidance. With respect to wolves, for example, many Western scientists who, rightly, want to really knowabouX wolves, to know their reality rather than some romantic image of them, go about their task with a peculiarly aggressive spirit, as if with enough radio collars and microscopes one could bind up the wolf in great lengths of statistical data. While much of that data is useful and informative, Western scientists still know less about wolves than do the Nunamiut people, who, living a hundred miles north of the Arctic Circle, share their lives with wolves. Both the Nunamiutand thewolves must depend on similar hunting techniques to survive, and both have learned to perceive the world in the same way, noting details and making sensory discriminations that would completely elude a Westerner. The Nunamiut, in other words, live in the same "time space" as wolves, and it is different from ours. Although the Nunamiut's knowledge of wolves, as related by Barry Lopez, is much more detailed than ours, it is not complete; for Nunamiuts there is no single ultimate wolf reality, which is "not a thing to be anxious over." Thus the Eskimo's knowledge of wolves tends to be openended, having to do with variation and possibility rather than certainty, particularity rather than universality. Eskimos speak more often of individual wolves than of a collective "wolf": Anaguk [Wolf] may be a wolf with a family who hunts with more determination than a yearling wolf who has no family to feed. He may be an old wolf alone on the tundra, tossing a piece of caribou hide up in the air and running to catch it. He may be an illtempered wolf who always tries to kill trespassing wolves wandering in his territory. Or he may be a wolf who toys with a red-backed mouse in the morning and kills a moose in the afternoon. (continued on page 11) New York Bar Review Course Summer 1989 Enrollments 4,000+ 12,000 \SU 111 St?9 BAR REVIEW Again this summer, BAR/BRI prepared more law school graduates than did all other bar review courses combined. OZ\K ACVIfTrV & 1989aAH/BRi New York's Largest and Most Successful Bar Review Course November 22, 1989 The Opinion 5 �opinion &m STATE UNIVERSITYOF NEW YORK AT BUFFALO SCHOOL I >F LAW Volume 30, No. 8 November 22, 1989 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Features Editor: Photography Editor: Bruce Brown Michael D. Gurwitz Jeff Markello Editorial The "T" shirt read "AIDS CURES FAGS" and the insolent young man wearing it gloated beneath his shaved head and walked with the swaggering confidence of a John Wayne. Here was a simple expression of a man's hatred; a public celebration of slow death by AIDS. Yet, the faces of passers by expressed no indignation, no outrage, no disbelief, and more importantly no condemnation. The gay and lesbian population is estimated to be 10%. That is one of every ten people you will meet for the rest of your life. These people are our parents, our siblings, our children, and they live in fear. This is not just the fear of the swaggering young skinhead and his ilk, but the fear of losing a job or apartment, the fear of alienating friends or family, and the fear of being told they are abnormal or unfit to raise a family. Sadly homosexuals form the last group that it is popular to hate. Imagine if the "T" shirt read "RAPE PUTS WOMEN IN THEIR PLACE" or "LYNCHING CURES NIGGERS?" The reaction would have been swift and sure. The brazen bigot would have learned a lesson in tolerance that begins with intolerance for prejudice. Granted racism and misogyny are still embedded in our social fabric, yet great strides have been made by the civil rights and women's movement. Not the least of this progress has been that public expressions of bigotry will be met with condemnation. A first important step on the road to equality is the ostracism of the patrons of prejudice. The time has come for society to recognize that homosexuals deserve the same protection we now demand for our sisters and our African-American population. The Opinion applauds the Law School Faculty for recognizing this need and expressing it in the form of a resolution regarding sexual preference as an equal employment opportunity standard for the Law School Career Development Office. Unfortunately the university administration responded by suspending this policy. The "Report of Faculty Senate Special Committee on SUNY Law School Employer Recruiting Policy" found that the university President's action showed "disdain," "disrespect," and "indifference" to his professorial colleagues in the Law School. For 14 years the Law School set its own policy on employment discriminationadding items such as "marital status" without objection. In light of this history, The Opinion views President Sample's failure to support the Law School Faculty on this issue as highly suspect. The editorial staffbelieves homophobes should be put where they belong in the closet. — Disagreement Or Intolerance? Was It To the Editor: of his opinion that is a I feel compelled to comment regarding Samuel R. Miserendino's November Bth verbal assault upon Chris Porter. Mr. Miserendino's letter provided a disturbing illustration of a troubling recent phenomenon. I speak of the tendency of various "political" groups, whom I will not characterize as either liberal or conservative, to show almost violent intolerance toward those with whom they simply disagree. While both liberal and conservative groups have recently shown such intolerance of opposing viewpoints, this behavior is most unseemly when practiced by liberals, because they have been victims of ideological intolerance so often in the past. I read Mr. Porter's letter, and I too disagree with much that he said. However, unlike Mr. Miserendino, I would not vent my criticism of Mr. Porter's opinions in the form of a personal attack. It is one thing to express disagreement with someone's opinion; it is quite another to assassinate the character of that person on the basis of his opinion. SAM, THOSE WHO DISAGREE WITH YOUR IDEAS ABOUT RACIAL MATTERS ARE NOT NECESSARILY RACIST, just as those who oppose divestment do not necessarily favor apartheid. They simply disagree as to the best way to bring about results which are mutually agreed to be desireable. What Mr. Miserendino and others like him must come to understand is that reasonable people may disagree about how to solve many complicated problems in today's world. I find Mr. Miserendino's implication that Mr. Porter is a racist, irresponsible. I must also point out that Mr. Miseren- dino's characterization of Mr. Porter's letter as containing "egregious" displays of facutal ignorance" is highly debatable. The "facts" Mr. Miserendino cites in supStaff: Christina A. Agola, Ted Baecher, Len B. Cooper, Dennis Fordham, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketchum, Darryl McPherson, Jim Monroe, Maria Schmit Contributors: Alan Freeman, Gary Hall, Barb Gardner, Sandra Williams, Dik Young, Geraldine Zang ■Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinionis published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy ofThe Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. From The Opinion's Mailbox Student Attacks Opinion's Judgement To the Editor: The Opinion weeks before this sanction I am writing to bring readers' attention was imposed and was rejected for pubto a matter which smacks of editorial imlication in the issue of The Opinion for propriety. In the October 25th edition of which it was intended, October the 11th. In full recognition of this fact, The Opinion The Opinion, there was a letter published, written by Federalist Society Treasurer nevertheless failed to make a note of the letter's submission date and intended Christopher Porter, which by now is likely well-known for its title, "What Do Liberals issue for publication when it finally pubReally Accomplish?" In his letter, Porter lished Porter's letter October 25th. suggests that perhaps we as law students Nevertheless, the second thing the might consider concentrating our anger well-informed reader will probably note and protest on issues upon which we are is that from the very title of the letter, it more likely to be well-received and sucappears to be a partisan attack upon Libcessful in bringing about change. Hecitesas erals, more intended for its partisanship examples of fruitless efforts the protests than for its expression of the writer's inagainst Crawdaddy's Restaurant for altent that we as a legal community address leged acts of racism, the protest against issues heretofore left unaddressed. What the hiring policies of the FBI and the JAG the well-informed reader could never Corps, and the call for animal rights, while know was that The Opinion irresponsibly on the other hand he suggests that took upon itself to rename Porter's letter perhaps the UB Law community might "What Do Liberals Really Accomplish?" try making the atrocities committed in instead of Porter's submitted title, "Let's China and Afghanistan, the hunger in Get Our Priorities Straight." Indeed, the Ethiopia, and on a more local scene, the latter subject is the crux of the very first oft-bewailed parking woes we all suffer, sentence of Porter's letter. It should esmore immediate concerns for a change. cape the now FULLY-informed reader as The first response a well-informed to why The Opinion saw fit to recklessly reader may consider at this point is likely mislead its readers as to the characterand that in response to public outcry against intentions of Chris Porter, for these acts racism, Crawdaddy's liquor license was of editorial impropriety were not without suspended, and thus Porter's assertion of their ill-effects. the futility of the Crawdaddy's protest is To illustrate, mere hours from distribuinvalid. What the well-informed reader tion of The Opinion throughout the law school, Porter's character was personally could never know, however, is that Porter's letter was written and submitted to (continued on page 9) The Opinion November 22, 1989 — — 6 port Crawdaddy's racist establishment, while somewhat compelling, certainly do not foreclose discussion on the point. Despite Mr. Miserendino's evidence, my personal experience, for what it's worth, has led me to conclude that Crawdaddy's is one of the more integrated nightspots in Buffalo. While I too disagree with many of Mr. Porter's conclusions (indeed, his letterdid not seem particularly well thought-out),I nonetheless would hesitate to declare that Mr. Porter has "wrapped himself in ignorance" simply because he is unable "to 'see and hear' the subtle and overt manifestations of racism" as Mr. Miserendino is undoubtedly able to do. Mr. Miserendino should have been content to write his objectionable yet mostly harmless letter. He was not. I learned through several witnesses that shortly after Mr. Porter's letter appeared in The Opinion Mr. Miserendino personally confronted him in an O'Brian Hall classroom, calling him, among other things, "ignorant" and a "white-boy racist." As selfrighteous as Mr. Miserendino's letter was, he had an undeniable right to print it. However, his undisguised attempt to intimidate Mr. Porter using "fighting words" was intolerable. If the power created by the controversial "faculty statement" can ever be invoked, it should be invoked to punish this type of behavior. As to other members of SCAR, I am sure your organization is a well-intentioned one with admirable goals. However, if you wish to enhance your influence and respect within our community you would do well to find a spokesperson who is more tolerant of divergent viewpoints. Sincerely and with regrets that it's still necessary to write a letter such as this in 1989, Carter M. Mann, 2-L . Student Burned by Stanley Kaplan To the Editor: I would like to tell of a most unfortunate event that recently occurred, in hope that other students avoid a similar situation. Roughly six weeks ago I was hired by the Stanley H. Kaplan Educational Center to instruct an SAT preparation course. At the time, being a third-year law student, I was also in the midst of making a decision on which Bar review course to enroll in. At my Kaplan interview, I openly declared this fact. I was informed of the positive aspects of the Kaplan Bar review course, by the interviewer, and asked if I'd like to enroll. I replied that I would give the Kaplan course serious consideration, but, I needed more time to reach a decision. The Bar exam is'undoubtedly the most important examination I will take in my life. It will singlehandedly help determine my future. Consequently, a great amount of deliberation went into my decision. I spoke with, literally, dozens of people who had recently taken a Bar course, read the large masses of literature prepared by the many competing courses, and compared overall prices. Ultimately, I decided upon the "biggest is best" theory and enrolled in the largest Bar review course. Choosing a Bar review course is a personal matter, and I feel I've made the proper decision, for me, about which course to take. My decision was NOT to enroll in the Kaplan-SMH Bar review course. I reasoned that the Kaplan people would understand the rationale behind my "biggest is best" theory, since the Kaplan organization makes much of the fact that they are the nation's largest test preparation organization. Kaplan's Bar review course, however, has minor league enrollment compared to my choice (at least in NYS). While over 4000 people enrolled in my choice, statewide, last year, the Kaplan course taught less than 200 students. Moreover, of the thirty or so people I spoke with concerning review courses, NOT ONE had taken the Kaplan course, nor did any of them know of a person who had used Kaplan. Certainly this does not mean that Kaplan's Bar review course is inferior, only that a proven track record simply does not exist. Oh, how naive I was .. When I informed the manager of Kaplan who had hired me, of my decision, I was unceremoniously terminated. Evidently, I was no longer capable of teaching an SAT preparation course because I had "expressed doubts about the quality of [Kaplan] material." I insisted that my decision was not, in any way, an indictment of the Kaplan Bar review course, but rather, praise for the acknowledged leader in the Bar review field. Moreover, I failed to see the correlation between my decision to enroll in a Bar course other than Kaplan's and my ability to instruct a Kaplan sponsored SAT course (the acknowledged leader in the SAT preparation field), and saw no reason for my dismissal. The manager replied that, if this decision surprised me then, I "haven't seen enough of the world." Now I was really confused. What did he mean? After all, I've traveled extensively throughout Europe, visitedthe Middle East and even sojourned behind the Iron Curtain into Russia. Yet, I was being informed that I hadn't seen enough of the Oh, wait a world. Hmmm Puzzling minute. Did he mean the segment of the world where capitalistic greed overcomes compassion and caring? No, that couldn't be it, could it? After all, Kaplan is in the business of educating. But wait. they didn't care that I, as a member of their "team," felt that my uneasiness regarding the Bar exam would be best addressed one with by another review course more experience, and one that specializes in one area: Bar review. They seemed to care more about the money than the person and the person was an employee!! I Doesn't say much about the compassion and integrity of the Stanley Kaplan organization, does it???? .. . . . — — I was burned. I've wasted six weeks of valuable time in which I could have been looking for another part-time job. Furthermore, I experienced first-hand the vulgarity of an organization that values dollars and cents more than sense. Please, learn from my experience and spread the word KAPLAN DOESN'T CARE!!!!! Respectfully Submitted, Eric L Recoon — �GROUND ZERO Compassion Is The Fashion This Holiday Season There is nothing quite as luxurious as a fur coat. The feel of a soft mink or fox against your skin as it envelops you in a cocoon of warmth, coupled with the glamour of it all, is a pleasure hard to resist. For a few thousand dollars, anyone can slip into this symbol of wealth and affluence. You are one of the beautiful people when you wear a fur. Nothing can beat the feeling, so long as you have the money to spend, and all the blood has been washed away . The only way to end the fur trade is by cutting off the demand, but that necessitates convincing people, and people, as we all know, are a stubborn lot. It all has to do with the way we view animals. They are usually described as "inferior" —intellectually, physically, and spiritually. These alleged shortcomings are used as a justification to commit all manner of atrocities against them, the fur trade being a notable example. In the I used that last analogy for a reason. While the fur business is falling sharply in Europe, and beginning to fall in the United States as a result of the anti-fur movement, it is on the rise in Asia. South Korea, our ally and bastion of human rights, the country that provides us with slave-labor produced inexpensive cars and stereos, now boasts a fur business. Its name is Jindo Furs, and its goal is to cut fur prices so low that it will become by Michael D. Gurwitz Features Editor For the sake of the faint of heart, I won't go into the grisly details of the fur trade. Anybody who has paid attention to the news of the last five years is probably already familiar with the methods used by fur farmers and trappers. Suffice it to say that farmed animals such as minks, foxes, and rabbits are kept in steel mesh cages until being gassed or electrocuted, while free ("wild") animals such as raccoons, beavers, coyotes, lynx, muskrats, and squirrels are caught in steel-jaw leghold traps and killed by beating, shooting or suffocation. The exact details of all this are much worse, but as noted above, they will not be presented here. The issue is compassion versus cruelty. Put simply, nobody needs to wear a fur coat. It takes from 30 to 50 animals to make a fur coat, each one of these animals is a warm-blooded, feeling, sentient mammal like ourselves. They endure great pain and suffering only to be killed and turned into a luxury status symbol for the vain. Such callous killing cannot be justified, yet it goes on. Like many other evils in this world (slavery, sweatshops, nuclear weapons, to name some), the underlying reason for the continuance of the bloody fur trade is money. People profit from the torture and killing of animals. REINACLOLADN by Ilustraion words of philosopher Leslie Bricusse, "We create their wretched status, then we use it to malign them." When one thinks about it, this sort of rationalization is not peculiar to animals. Whites used it to oppress blacks, men to oppress women, the rich to oppress the poor, and the Nazis to oppress the Jews. Pro Choice Students Attend Rally UB law students were among the 300,000 Pro Choice supporters who responded to the call to "Mobilize for Women's Lives" on Sunday, November 12, at the Lincoln Memorial in Washington, DC. by Jim Maisano The rally was held on a bright sunny day as the supporters of a woman's right to choose an abortion carried creative signs dressed in purple, white and gold, the colors of the women's suffrage movement. This diverse and festive crowd included women, men, students, seniorciti- exclaimed, "In New York, New Jersey and Virginia, the people spoke and the people were heard, and they said: 'We believe in choice." Many other politicians addressed this massive crowd, which spread from the Lincoln Memorial to the Washington Monument, assailing George Bush for promoting government interference with a woman's right to privacy and reproductive freedom. A powerful sight at the rally was a monument, constructed by Pro Choice suporters, dedicated to the women who have lost their lives due to illegal, back alley abortions. Jim Maisano, Nathaniel Charney and Mary Clare Kane lesbians, gay men, and various ethnic and religious groups. The National Organization for Women (NOW), led by Molly Yard, coordinated the rally. NOW organizers led the crowd in a pledge to the opposition that Pro Choice supporters would not supply votes, money or time to any anti-choice candidates. The ralliers celebrated the recent Pro Choice victories on election day as New York City Mayor-Elect David Dinkins Zens, At one point in the rally, UB law students Mary Kane, Nathaniel Charny and Jim Maisano led the crowd in chants of "Free Barbara Bush" and "Racist, Sexist, Anti-Gay, the Rehnquist Court should go away." They also carried signs stating, "God Is A Woman, And She Supports The Right To Choose, George Bush Is A Man And He Does Not," "My Body, My Choice, Not Randall Terry's Or His Ilk," "Free Abortion, On Demand, Without Apology," and "Women Are Not Incubators." "the McDonald's of the fur trade." Recently an investigator from the animal rights group People for the Ethical Treatment of Animals (PETA) travelled to Korea to gather facts about Jindo. He spoke with one of Jindo's fur farmers and asked the farmer how the animals are killed. The farmer replied: "Jewish people were killed by the Deutsch people in the small house they used the carbon monoxide gas. We are using the same method for mink killing." From Hitler to Fifth Avenue. .. . Bear in mind that in South Korea, dog and cat meat are a local delicacy. Jindo will also make cat and dog fur coats, but they won't be sold in America. The idea of wearing a dog fur coat bothers people, as it should. But a dog is really not different from a fox or coyote, and a cat is not different from a lynx. Minks and beavers and raccoons are also very similar in intelligence to those animals we call pets. If it is wrong to kill one for fur, then it is wrong to kill all for fur. They all feel pain, they all feel fear, and they all bleed red blood. To kill them for the sake of human vanity is completely reprehensible. To wear their skins, thereby supporting the fur trade, is beneath contempt. This Friday, November 24th, is a day of national protests against the fur trade. It is called Fur-Free Friday, and around the nation, thousands of people will demonstrate their outrage against the needless killing of animals for fashion. These demonstrations will range from pickets to street theatre to civil disobedience. Here in Buffalo, the Animal Rights Activists of Western New York, Law Students for Animal Rights, the UB Animal Rights Group, Greenpeace, and the Buffalo Greens will picket AM&A's downtown department store, 389 Main St. The demonstration will begin at Lafayette Park at 11:30 a.m., and proceed to AM&A's. Everyone is invited to participate. You need not be a vegetarian to protest the killing of animals for their skins. For more information, leave a note in box 688, or call 836-2358. the animals suffering in farms and traps need your help — desperately. ATTENTION ALL STUDENTS: Mandatory Student Fee Waiver Forms can be obtained outside the SBA Office (Rm. 101). Fee waivers will be given only for financial hardship reasons. The deadline for submitting completed forms has been extended to Friday December Ist, at 12:00 Noon. Submit forms to the SBA Office. NYNEX Is True Villain of Strike Jeffrey, the plight of the workers is a crime. When asked what she thought the most serious problem the workers had during the strike, Ms. Delmonte replied, "Other thanthe obvious problems associated with being destitute, the workers are getting the shaft from the media. The only time the local television, radio, or newpapers cover the strike is when a line is down." by Jim Monroe Ms. Jeffrey added, "Corporate America Staff Writer is solving the health care crisis by slashing The scab operators and directory assisliving standards of the working poor and tance people won't tell you, but you quickly the media completely ignores that angle. catch on when your call is routed through They're more interested in showing New York City after an interminable wait downed 911 linesand then quickly cutting or when the directory assistance tells you to a picture of the picketing workers. that no one named Smith is listed in your "Fromall reports we've had on the picket lines, a striker knows what lines are 911 area. and would never cut them because of the NYNEX and the media would have us believe that the strike has been caused by bad publicity. The strikers feel that ineptiskyrocketing health costs that make it tudeof the scabs and the vindictiveness of impossible for the company to pick up the management is being blamed on the worker's health insurance tab. workers. This claim falls flat, however, when "The strikers also say the T.V. stations examined in the face of the exhorbitant are biased because they never showedthe strikerthatwas killed by scabs in New York wages paid to the scabs, the ability of all and they never showed the unification of the other communications companies to labor, consumer, and civil rights movecompromise on the health care package and at the same time increase wages, and ments that occurred at a rally in Albany the 94% pay raise given to management. when Jesse Jackson and Ralph Nader spoke to the unions." NYNEX made 1.3 billion dollars in profit Pam, Tara, and Toni have individually lastyear aloneand paid 800 milliondollars in dividends to stockholders. Additionally, raised money to add to the strike fund and have participated in the day to day picketNYNEX is asking the Public Service Commission for a 359.8 million dollar rate hike ing. Presently they are asking that all stuthis year while saving 34.5 million dollars dents and faculty bring in canned and a week during the strike. other non —perishable food for the workers for Thanksgiving and Christmas. For those of us who have taken Prof. Atelson's Labor Law, this smacks of union Tables will be set up Tuesday mornings tocollectthefoodand people interested in busting and is not good faith negotiation. helping should contactthese law students To three members of the Labor Law Sociindividually. ety, Toni Delmonte, Tara Burke, and Pam November 22, 1989 The Opinion As most people who have tried to make a long distance call within the last four months already know, the 60,000 members of the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers (IBEW) who work for NYNEX (telephone co.) are on strike. 7 �STUDENTS 8 The Opinion November 22, 1989 �Commencement Committee Update As of this writing, the search for a keynote speaker continues. We are finalizing arrangements with Samuel's Grande Manor for our post graduation ceremony reception which will be open to all graduates, our families and friends. Thanks to all of you who so generously contibuted baked goods, and those ofyou who so ravenously bought them, we raised $237 on our first bake sale. We hope to repeat the success on Wednesday, November 29, when thesale will feature Christmas and Hanukkah goodies. We would greatly appreciate any and all baked good contributions. Why not spend the weekend doing some baking or why not ask mom, dad, or grandma to bake for you? (When was the last time you told your mother that you needed cookies for school?) We'll be sending you a reminder on this. By the time this goes to press you will have heard about our Giant Commence- — 1 by Geraldine Zang and Christine Agola Staff Writer Papers written by law students are the main source of ITPI's publication material, but it also welcomes written works which address topics of law, public policy and society from law faculty, practitioners and researchers from other disciplines. Publication in a national law journal such as In The Public Interest offers the author a large and interested audience as well as experience in writing. It can also contribute to an author's career and employment prospects. AMERICA? - ment Raffle. Tickets are on sale now $1 each or 6 for $5 for two big raffles. Raffle #l features two Barßri bar review courses for the low tuition rate of $600 each. (The current tuition rate is between $955 and $1,025). This prize is available to all students, even current Barßri enrollees, whose contract price would be reduced to $600. Raffle #2 must be seen to be believed. We - have an official NFL football (slightly used in either a game or practice) which has been autographed by most of the Buffalo Bills!!!!! Second prize in this raffle is a certificate for brunch for two at Samuels Grande Manor. Please stop by our raffle table which will be in operation offand on from now until the drawing on December 8. Or see Barb Gardner in the Mimeo Bookstore (Yes, I will accept cash for the raffle tickets). The football will be on display periodically, however passing and punting will be prohibited. Just think, six months 'till graduation! ITPI Solicits Articles In The Public Interest (ITPI), a legal journal published annually by the students of the SUNY-Buffalo Law School, is soliciting articles for publication in Volume X, the Spring 1990 edition. The Journal is committed to printing articles which critically examine legal issues in their social, historical and political contexts. The Journal is distributed to SUNY-Buffalo Law Students, public interest organizations, and over 500 law libraries throughout the country. It also appears in WestLaw, the computerized legal data network. Student Papers are considered anonymously for publication. Accordingly all submissions must include a sealed envelope, marked with the author's social security number on the outside which contains a sheet of paper giving the author's name and mailbox number (or address if the author does not have a mailbox at the law school). The article itself should be identified only by the author's social security number on the cover page. Three copies of the article are required. These materials can be placed in mailbox 791 or 176 in the mailroom on the second floor of O'Brian Hall or brought directly to the ITPI office. The deadlinefor submission of articles is January 26,1990. Publication decisions will be made in early February, and applicants will be notified by mid-February as to whethertheir paper has been selected. The Journal is also seeking a graphic artist to provide illustrations for the Spring edition. Drawings are used on the cover of the Journal and to accompany the articles and essays. Individuals interested in supplying this artwork should leave a note in mailbox number 791 or 176, or contact Tim Reinig or Lisa Morowitz in the ITPI office, 118 O'Brian Hall. from page 6 attacked, in full view of myself and a number of fellow students, by Samuel Miserendino, author of "Willful Ignorance Obscures Results" (Opinion, 11/8/89), who labelled Porter as "ignorant" and "a racist." When challenged by Porter, rightfully offended, to substantiate such outrageous claims, Miserendino cited Porter's apparent disregard of the fact that Crawdaddy's had been sanctioned, and criticized his attack on law school Liberals alone, claiming that Conservative friends of his had also felt strongly about racism at Crawdaddy's. Therefore, he concluded, Porter must also subscribe to the same racist tendencies as the management of Crawdaddy's. And now, despite being informed of and accepting the true submission date of Porter's letter immediately following this attack, Miserendino nonetheless asserts in his "Willful Ignorance" letter that Porter never took the sanctions against Crawdaddy's into account when he wrote his letter. Hefurther falsely accuses Porter of equating anti-discrimination movements with "a liberal agenda," obviously referring to the unintended use of the term "Liberals" in Porter's title, the circumstances of which Miserendino also understood at the time of his attack. Whom, now is being willfully ignorant, Opinion readers? Considering Miserendino's vengeful attack upon Porter on October the 25th, are we really expected to believe that Miserendino "regrets that it's still necessary to write a letter like this in 1989?" (Miserendino letter, 11/8/89).*0r is the conclusion more likely that he is lashing out at Porter to defend the integrity and dignity of "barricading doors (and) banging on pots and pans" (Porter's letter, 10/25/89) as successful means of protest? Such sophistry as Misrendino's false accusations and flawed reasoning can no longer be allowed to run rampantthrough Opinion letters and word-of-mouth concerning the sad incident of October 25th. Anyone willing to take the time to get to know Chris Porter well, or at least with the tact to quietly call him aside to speak privately with him about his views, will quickly discover that he is far from a racist and anything but a troublemaker. A share of the blame for the harm done to his good name should also fall on the staff of The Opinion for its irresponsible handling of Porter's letter to the editor. The resulting misconceptions about his intentions and personal character, resulting in the unfortunate scene on the day of the paper's distribution, are a sobering example of what can happen when those in the media take liberties with a writer's title the single most important summary of a letter's content and also fail to provide readers with an accurate explanation of sequences of events. — — The Opinion owes Chris Porter an apology, along with an affirmation of Porter's intended title for his letter, and of the fact that it was submitted for publication before Crawdaddy's was sanctioned for racist acts. For that matter, so does Miserendino, who publicly attacked him on October 25th, owe Porter an apology. I fully expect the first of these to be afforded Porter. I won't hold my breath forthe second. James Giambrone Second-year Law Student Federalist Society Editor's Note: Mr. Porter's letter was submitted in early October, with the title "Priorities " printed at the top. Greenhouse Effect from page 4 plied, "Even if cyclic changes do account for some of the increased temperatures and even if the planet may make some adjustments, the range of possible reasons for temperature increase is narrowing and the possible range of corrections that Earth's atmosphere is capable of producing is quite small." As for what the students and faculty should do Fred Snell opined, "I don't de- fine learning as being able to repeat sentences. I define learning as being able and willing to translate into action what we've been taught. I think, once you know the truth, you are burdened with acting upon it." Walter Simpson said, "Recycle, keep the heat down in the winter months, and either car pool or take the the bus." I say, "That's the least you can do." THIS IS MKYL mm November 22,1989 The Opinion 9 �Video Reviews Criminal Law Monday, November 27, Room 109 3:30-6:30 pm Essay Writing Tuesday, November 28, Room 106 3:30-5:30 pm Evidence I Wednesday, November 29, Room 109 3:30 - 6:30 pm Evidence II Thursday, November 30, Room 108 3:30 -6:30 pm Pizza and Property Friday, December 1 Pizza: 12:00 - 1:00, Ist Floor Lounge Property I: 12:30 - 4:00, Room 109 All Video Reviews are open to all students, regardless of BAR Review affiliation. 'M STANLEY H. MKAPLANSMH "■ 10 The Opinion November 22, 1989 I BAR REVIEW SERVICES (800)KAPTEST (800)343-9188 �Animals Native Americans in general did not traditionally consider themselves apart from nature in theway we do butthat does not mean they refused to perceive difference. To perceive difference was not to constitute hierarchy. Just as there were "the People," so too were there "the Bears," "the Mice," and so forth. Animals were simply separate nations, each with particular qualities from which one could learn by paying respectful attention. In contrast, given our entrenched ideologies, it is hardfor us simply to see both similarity and differences without rushing to rankings and dualistic categories. The hold of conventional categories is so extraordinary that even Peter Singer and Tom Regan, two of the English-speaking scholars most visibly committed to animal rights advocacy, have argued wholly by reference to Western structures of analytic rationality—Benthamite utilitarianism and deontological libertarianism as if a new formulation of cost-benefit analysis or a new clarification of Kantian membership criteria will solve what is ultimately a problem in the very nature of our perception. Perhaps for that reason it has been noted that the animal rights movement, with its individualistic emphasis, may be irrelevant, or counter to, a sound environmental ethics. A first step toward formulating a more sensitive (even sensible) ethics must be, instead, a recovery of humility. We must disabuse ourselves of the cultural version of what Stephen Hawking has called the "strong anthropic principle"—the notion that we are so special that everything else must have assembled itself for the sake of producing us. In the case of other human cultures, our presumption has led to the obliteration of their difference. In 1938, when outsiders had their "first contact" with thefifty thousand previously unknown Papuans of western New Guinea, they discovered literally hundreds of separate cultures, each with its own language. Today anthropologists know of virtually no other human culture, anywhere on earth, that has been untouched by the — Handicap Access sight impaired students; every fluorescent light fixture in the school was cleaned; additional lights were added outside Moot Court and the first floor lavatories; lights were also added to the basement and first floor exit stairwell; handicap drinking fountains were installed on the first and second floors; many of the billboards and the Career Development Office job boards have been lowered; and Braille floor identification tags, as well as raised letters, were placed by the entrance to the elevator on each floor and within the elevator cars (including the elevator in the library.) New carpeting was installed in many of theLecture Halls on the first and second floors. Before, there were rips in the carpet that made it difficult for individuals with crutches and in wheelchairs to move about freely. Handrails were installed in rooms 107, 108 and 109. Unfortunately, the seating arrangement of room 106 makes it impossible to install rails. Many lecture hall desks were modified to accommodate students in wheelchairs. Stoppers were installed in thefloor under wheelchair accessible desktops, so that the chair will not roll forward. Wheelchair ramps were constructed in the basement for entering Moot Court. Previously, trying out for Moot Court was not a choice for persons in wheelchairs. Floor tiles were placed on all the floors of the building. A wheelchair ramp was added for entry into the tunnel to Baldy Hall. A handicap door opening device was installed on the southeast entrance/exit of the building. Last year there was one door with a handicap device, but once the student entered the first doorthey were trapped until someone opened the second door for them. Formerly, there was only an entrance and not an exit button. These problems have been corrected. The Law School has purchased a scanner. This device will make the material sold in the mimeograph bookstore clear and more readable. Now, mimeographs are often unclear, and contain different industrialized West. The point here is not — to romanticize any particular lostculture some practiced self-mutilation, others can- nibalism, others child abuse—but rather dominant cultures triumphed in their evolutionary short-run for economicand military reasons, hardly qualities that readily correlate with virtue, happiness, or even long-term human survival. As we suppress difference, we are forced to rely solely on our own culturally contingent mode of perception for access to understanding. The same process of selfcelebration that has led to our quashing otherness in human cultures lies at the heart of our reduction of nonhuman reality to the status of "thing," to the point where we can no longer even perceive, much less respect, the diversity around us. Given that disrespect, it is hardly surprising that we tolerate the obliteration of a hundred species a day in the rain forests alone. In the service of prideful domination, we have deployed our colonial universals to destroy both the legitimacy and the very reality of difference. The move toward humility, however, which comes with a renewed appreciation of difference, does not imply that we can solveethical problems simply by recourse to some essentialist conception of "the natural." This tempting ploy has characterized approaches as diverse as the medieval Scholastic's quest for natural lawand the modern sentimentalist's seeking of truth through naturalistic "feelgood" spirituality, the latter approach based on not much more than grooving on selectively chosen experiences of nature at its most pleasurable. In its extraordinary richness of particularity, nature itself yields no morality. Defying the oncecommon efforts of the pious to find homiletic lessons in every detail of natural life, the world has, as modern theology states, "come of age" in secular times, which may be science's greatest gift to faith. Out there, beyond our limited perceptual capacities, nature is whatit is—unrelentingly objective, and unbounded and unexto recall that the size prints within the same packet. Even when it is enlarged for the visually impaired or dyslexic students it is often blurry. Once the material is put into the scanner it can be printed out on a laser printer. There are different fonts; a regular font for normal vision and a fancy font for enlarging. The print will be clear and of high quality. The drawback is that it may take years to put everything into the scanner. The school has also acquired two computers for the Law Library. The Versa Point has a voice synthesizer and a braille printer. The Vista enlarges print. Discs with various kinds of information can be put in these computers and if a modem were attached they could be connected to Westlaw or Lexis. In the area of social accessibility, Chris Reo, president of SBA, has made an effort to see that SBA parties are held at handicap accessible places. Last year there were parties at Molly's Pub which is not handicapped accessible. The entrance is on the upper level of a split level bar. The bathrooms, as well as half of the bar, are accessible only by stairs. This year there have been Law School parties at places like Marshall's that are wheelchair accessible. Mary Lang, technical assistant to the Education Law Clinic as well as a member of the Committeefor Students With Special Needs, helps draw up individual accessibility plans. At present there are 21 students with special needs at the Law School. The disabilities include health impairments, physical disorders, seizure disorders, visual impairment, blindness, and learning disabilities (dyslexia and disgraphia). There may be other students with disabilities who choose not to apply for a plan. These plans allow students to have courses taped, to orally take exams, to get enlarged materials, or other alterations that may be needed to make conditions conducive to learning and proving that they have learned. However, there are still a lot of prob- plained by our human moral preoccupations. To emphasize perceptual distance is not to suggest that we stand uniquely outside of nature, but, rather, to remind ourselves that we are bound by what Hawking has called the "weak anthropic" principle— that "we see the universe the way it is because we exist." We are animals who regularly mythologize the finitude of mortality, who seek God and try to discover in our dialectical engagement with the universe the meaning of our own compassion. As such, we can neither abdicate responsibility nor return to the hubristic illusion that we can fashion a unitive, transnatural morality. God sends us back to the world as it is (however provisional its reality), and to us as we are. We can therefore offer little solace to those who demand prescriptive norms. We cannot tell you, for example, that you must be vegetarians, that all animal experimentation must cease, or even that we followed the path of moral correctness with respect to Bruno, who, finally, met with good fortune. (A teenage friend took Bruno to live with him when he left home to go to college. Bruno now resides in the country; and we have told our small children that Bruno went away to college.) There is, to be sure, a trendy tendency to fashion environmentally appropriate ethical norms and systems by taking a largely preconceived agenda (for example, nature preservation or vegetarianism) and shoring it up with an eclectic appeal, in the manner of legal argument to various bits of Scripture, "Eastern" religion, Native American legend, philosophy, and congenial scientific data. It is as if, faced with the environmental disaster we have created, we now seek the comfortable assurance that God is, after all, a committed environmentalist. We forget that God cannotbeconfinedbyourhumanneedfor an ally. As Dietrich Bonhoeffer wrote, "The only God who can help us is the one who cannot help." To reject thistrendy eclecticism is not to suggest that we wallow in relativism, but . from page 6 to urge that we must recover a more seri- ous theological process, one rooted in context. The recovery of context is thus a part of the true agenda of "postmodernism"—a theological agenda rather than a decadent self-indulgent aesthetic affectation. Just as conventional religion was compelled to confront the seeming triumph of scientific, positivistic secularism to the point of virtually conceding the "death of God," so too the perceptual changes wrought by the collapse of that secular worldview demand a theological response. This is to suggest neither a misguided "fundamentalism" thattriesto recover a prescientific mode of being nor a retreat to a premodern romanticized view of nature. We need a theological practice that is contextual, dynamic, and just as responsive to the fall of secularism as it was to its rise. As Jews, we will surely wish to reflect, for example, on the humbling unity of living creatures who are, afterall,/co/ basar (all flesh), each infused withruakh khayyim (spirit of life). Why did God promise us a covenant (berit) with "the beasts of the fieldand with thefowls of heavenand with the creeping things of theground"? (Hosea 2: 20.) As Christians, we may wonder why it is that Christ, rejecting all preconception, appears where least anticipated; He is present in the least among us, the most marginalized, the "stranger" and the "other," always in their unexpected, irreducible particularity. What then is the meaning of the injunction to "love thy neighbor"? To speak in such starkly sectarian terms isto affirm the necessarily pluralistic character of the modern theological agenda. We cannot leap to essentialist universals about "life" that deny and mask the rich particularity of living experience and of human tradition. Nor can we retreat into defensive sectarian insularity. As we allow ourselves to confront the particularities of penguins and wolves, grasshoppers and crows, we may discoverthe basis for a postmodern pluralism, not of nihilistic despair, but of transformativerenewal. . from page 1 lems with accessibility. The CDO office is noisy. Also, if the student wants to ask a inaccessible to many people in wheelprofessor a question after class he/she chairs. Also, the books are much too high can not get down to thefront of the room. on the shelves for the few individuals in The fact that the lecture rooms are inacwheelchairs that can even get in. Disabled cessible also prevents theschool from hirstudents may face other problems of inacing a professor who is in a wheelchair. cessibility with many legal employers, For learning disabled studentsthere are and this is an additional burden. The still a lot of barriers. Professors often write CDO lowered many of the job boards, but, on the board or draw diagrams that can they did not enlarge the print on the job hardly be deciphered by those who are notices. The print is often so small that it not even learning disabled or visually imcan not be read by visually impaired stupaired). Professors sometimes give the dents. The newsletter that CDO puts out page assignment orally at the end of is also in very small print. A large print class. Dyslexic students can not process copy is put out, but it usually arrives two the numbers correctly in their mind. Enweeks after everyone else receives their larged print materials are often blurry and copy; and time is often a crucial factor. unreadable. The scanner may take years Transportation is another problem before it is put to use. Information regardfaced by physically challenged students. ing meetings is often printed very small Although Public Safety does provide on the boards in the front of the room. some spots in front of the Law School for Many can not read these signs. Also handicap vans, there is a problem in the group newsletters are usually in fine print. winter with keeping the walks shoveled The Office of Records and Adminstraand clear. For disabled students in the tion has a counter that is too high for a dorm who rely on the van that is provided, wheelchair. And the grade board is a disthere are often serious limitations due to aster. The grades are printed very small, the running schedule (this service is handand often placed high on the board. led through the University not the Law Rob Davis, former member of the ComSchool itself). mittee said the Law School has become New tiles were installed on all the "cosmetically more accessible." He floors; but when they are wet they are pointed to the fact that the Law School still very slippery. (Tiles were installed beone acquired the two new computers cause of monetary constraints; the for enlarging (the Vista) and one with a choices were tiles or cheap carpet.) The voice synthesizer and a braille printer (the library doors are manual. There is a probVersa). The computers have great potenlem with installing automatic doors betial; but unfortunately, the Office of Sercause of the noise they would make, the vices for the Handicapped will provide no space available, and the fear that they training; thus the expensive and highly would break with all the use. Ivan Khoury, advanced technology goes unused. third year student, former member of the A great deal has been done, but more Special Needs Committee, and member is still needed. The Law School is further of Club 504 (named after a section of the advanced in this area than many other law schools. However, it has the potential legislation that requires state funded institutions to be accessible to the handto become even more accessible. There has been strong support from the faculty icapped) feels that "waiting for someone to open the door for you adds to the and administration. There are shortcomstigma of being handicapped." ings, but tremendous gains have taken There are several problems particular place in a short period of time. And, the to students in wheelchairs. They are conadminstration realizes the job is not comfined to the back rows of first floor lecture plete. Assistant Dean Marlene Cook halls. If the doors are open it is often too stated: "We have only just begun." November 22, 1989 The Opinion — 11 �Modesty prevents us from telling you how good BAR/BRI Is. Therefore... we've let BAR/BRI students do the talking. I was as prepared as I could have been. The exam BAR/BIU gave me structure that I needed for the bar. itself had no surprises. It was a living nightmare, but Looking back, I think I would be in a tough situation if I had to approach this on my own. I had a lot of BAR/BRI prepared me. If I have to do this again, I friends who have been taking other courses and I've will take BAR/BRI again. Albany Law School sort of compared what they're learning and what I'm learning and I think that BAR/BRI is doing a really - Your course was worth the money. I couldn't imagine being more prepared. If I didn't pass the fault in no way can be attributable to any misguidance on your part I also was very comforted by the feeling you all conveyed that you're concerned and cared. It showed that customer satisfaction is important to you and T am a satisfied customer! Thank you!! Albany Law School - lam very happy with the BAR/HRI program. I feel that you provide an excellent program and I would highly recommend it to others. If I do not pass the bar, it will not be because of a lack of effort on behalf of the BAR/BRI personnel. Thank ydu for all your help. - Brooklyn Law School All in all, I was very satisfied with BAR/8R1... After hearing what Pieper does to his students' poor hands, I'm truly glad I chose BAR/BRI. Variety is very good in the course of a summer. Brooklyn Law School - I was generally satisfied with the lectures and very glad for all the written materials you gave us (the outlines and practice questions). In addition, I appreciated your obvious support and encouragement for us during this very stressful period. Brooklyn Law School good job....The BAR/BRI personnel is very helpful. I've called Steve Rubin several times on the phone. He has always been available to answer questions. He literally called me at 12 o'clock at night.Also, the office people have been really helpful too.. J would dpfinitply recommend BAR/BRI to anyone. - Columbia Law School The lecturers were really terrific, I expected that aitting in front of aTV 3 hours a day would be unbearable, but for the most part they made it almost m enjoyable experience. . Cornell Law School - - very impressed with the whole operation since •* you really have «Ptive MHhenee, I expected a lesser level of professionalism and caring. I have friends in other courses, some of whom are subjected to scare tactics aa6 Panic lectures. 1 appreciate the lack of the seme at BAR/BRI. Pordham Law School m » - • - - Brooklyn Law School BAR/BRI was excellent It prepared me for the bar. Hopefully, Ino longer need your services, but I would do BAR/BRI again. I learned the taw, not just memorixed mnemonics and for that I am grateful. Brooklyn Law School - The most effective thing about the BAR/BRI course was the frame work. It's pretty rigid...You know what you should be doing at all time.l seem more happy with BAR/BRI than other people seem in other courses. • Brooklyn Law School Bbout the courBe ta that Blve YouVou what *"«*can know what ia important and what isn't So you ukely to be on the test...The BAR/BRI people were very helpful. They are very, very nice and very cooperative I'm very pleased. " ' Pordham Law School This is written 7/31. I felt well prepared for the questions on the exam. Where I was unsure I had no problem making something up....N0 doubt you heard »■• >■*» WM ,moet U"Heal Practice * «■£ question. Good show! -an »• It's a joy to finaUy learn in >«w school. . , , ... .. '**'* . ....,, the law I only heard about , .„ , . „ . ' Buffalo srmt RAR/RR] mti nal f ft? . Int rt A h tlHTrlk ._..,-'.„. -. shaking my confidence of what I didn t know, because .„ ~? l cwdidate.).. j-j jju • goodj luck * » t addition, .PP° ~ the In Hke letter made me feel good. Thanks. „j„„ r _~ c_Krt-j acnooi uaroozo |taw . ... . - , "' 'un wr l18 ma •�■Joation after sitting for the New York State and Multistate exams (and before NJ). I would sincerely like to teU you that you all did a ,_ _j , '. terrific job and deserve much praise. Thank you! Uw School .. * . - Hofsir. ' . _~ was outstanding in every way and wiU recommend it to all whoask. Thanks to Stan, 1 I* m *v ta m._i v i—» i „ and the BAR/BRI find out what I nked about the course until _. Enca i,.,, mi., _, «, didnt v x. ™ staff. You can be :Ilast •_. who Steve,' night when I was talking to one of my friends ymr oT^mz vwv was taking Pieper and even though he had all School Ywk mnemonics d0wn...1 just found that he didn't have the _._ __~ grip on the substantive law that I thought I did....1 . OveraU the course was very pgood. BAR/BRI helped fu ux.t. »l i -l. H lay i t everything you. \_ outt for •_, think the •.• • ~ _. , lectures really_# a miserable experience a lot more bearable. Ii. m • »v They give you enough of an overview '• i make that»iis required *^ J I took the course. „ „ glad 'f: beable 'to really ~ to handle tbe essays. I would " nTU L w e»h««i definitely recommend the BAR/BRI courm to a friend * >cno Cardozo Law School j-j j . .... . ■ . .. • _i. j <kao^A BAR/BRI - ~— , .. - . .. ... • .. .. . ... . . .. " *«_°°' . . = BAR REVIEW 12 The Opinion November 22, 1989 BAR/BRI for - NYU Law School - NYU Law School I thought the lectures were the best They're very thorough. They give yon all the information you need to know. That's what I like beat about BAR/BRI. °' - . Tne program jg well-organized and set-up to 'spoonaudience. After 3 years of feod the to a j xlßt what a Uw Khool we>re .j, tired needed. I also appreciated all the "pep talks" and encoUrHge ment given throughout the lectures. 1 would highly recommend your course. Pac Law School . , - - overall very satisfied with BAR/BRI would recommend it to students in the future. Great job! Thanks! . pKI Law School For the most part I liked how they broke everything down into msy to reraember bits and pieces. It's not really as confusing as it was in taw 5ch001....1 would recommend the course to my friends and 1 h»ve tnends taking the other courses and from what I see them doinft j v much hetieT Paea Law School BAR/BRI was The - the best preparation for the bar exam. tboutthe BAR/BRI eased of the bar exam, .g, John', Law, School . BAR/BRI ia to be praised. Ooorgrtown Law School I was very impreseed with BAR/BRI. The methods, Harvard Law School techniques and materials were all very helpful. Most of .11 I appreciated the way BAR/BRI made itself yery about available to what they are trying to accomplish -to get v. to psss. home phone numbers to of people DeBpite fact was both daring and commendabta No matter what g number peop)e be know I the remilts of my exam wil I will a rf feedback on recommend BAR/BRI to ottent God Bless! think that my chances on passing are a lot Bimaio taw acnooi tbJg ngne j took B better AR/BRI under and I would certainly recommend it recommendation • . I would recommend the course to others and don t to others. • 1 rv,rc LiJW School " h * Law School ... - immediately....! would highly recommend anyone studying for the New York Bar., I would definitely recommend the course to friends. I think it's a good way to prepare for the bar. It does not put that much pressure on you. I followed the schedule. I found that during the course the schedule lam completing this evaluation after the bar exam. I was not that difficult to keep up with. It still gave me feel that BAR/BRI prepared me extremely well for the a lot of free time up until the last day of class. Preparation has not been that painful at all. exam, and I would certainly recommend your course. NYU Law School Cornell Law School was very pleased with what I was taught. The way it was presented and the respect BAR/BRI shows ito students. A professional, warm and top notch job! Thank you! Thank you for Essay #6 on the Bar. I was tired but Pordham Law School when I aaw the question, what an adrenal surge. I did well in the bar but having done Essay #6 already and Tbe materials are very good. The most important knowing the model answer was a gift Thank you. - What I like about the course is that it is really straight forward....ln addition to learning the law, you learn how to answer the questions on the exam and how to write a good essay and that's what really counts....l found the BAR/BRI personnel very helpful. I eaO the office all the time with questions and they have always gotten back to me or answered the question - No gimmicks they were not gurus. Merely stress hard work without falling off the deep end. I would, and will give my stamp of to taw ,t„denta and anyone else who wiU listen. Thank you for running a first class operation. -St John. Uw School , u,e BAR/BRI course. The Md lntere9tmg no lvna very Mtianed |ecturerl^ere M tmnm^dl fw, the m*n preparation, John', Uw School &. ... ' . ,, I think BAR/BRI is a good course. It gives students everything they have to kn0w...1 foundj^mmm BAR/BRI people to be very responsive. I found that whenever I needed help, they were there to help me 0ut...1f I missed the course, I could always go to the tape lecture. I could go to the office and just listen to the • _ I found that to be very g00d....1 would definitely tapes. r ~_• »»»t. mm •_ ■» recommendj BAR/BRI because it covers everything you have to know. i-i—-. i ««. e.k~j * S*- dorm a Law ocnooi � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-11-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/22/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/edf3298a3ba8a1dda5b9e87ea2d75f50.pdf f4b5c1ce434163ddf9aafe6c51839de3 PDF Text Text 'Town Meeting' Examines Church and State Issues The tendency was to keep church and state separate, as three ad hoc committees considered several of the more problematic areas of the constitutional doctrine, "The Separation of Church and State." Three issues were presented to a sparse body politic at Wednesday evening's 'Town Meeting,' (10/25), and each student then selected the issue with which s/he was most concerned, in order to work within a smaller committee to draft resolutions for a vote by the full plenum. by Gary B. Ketchum Staff Writer Professor GeorgeKannar presented the issue of "Religious Clubs and the Use of School Property." Kannar cited the Equal Access Act which permitted religious group meetings on school campuses during non-instructional time, if the school already had such religious groups on campus. The latter condition may have been evidence of the second major concern: Where do you draw the line on the number and variety of religious-groups to be admitted to school campuses, if you draw such a line at all? At what point is it disruptive to the function of generalized education? At what point is it inappropriate in a secular academic institution? At what point doesthe school impermissibly foster a particular religion or facilitate a religious group's membership drive in Volume 30, No. 7 violation of the Establishment Clause. At what point has a school unconstitutionally excluded a religious group? The issue of "Abortion and Religion" was presented by Professor Lucinda Finley, and the conflict frequently hinged on the nebulous distinction between secular morality and religious ideology. Finley. suggested that the issue, as it has developed, tends to focus on the issue of whether government regulation is a religious or moral issue. Finley pointed out that many diverse religions share the antiabortion perspective, and this common ground tends to nullify the notionthat one religion is being granted deference over another by the government. On the other hand, Finley said, many other segments of those same religious denominations have taken a pro-abortion stand, thus causing further confusion as to whether it can accurately be said that the abortion issue is predominently a religious issue. The third topic presented pertained to "Drugs and Religion," and those issues were presented by Professor Jeffrey Blum. Again the issue tended to focus sharply on the need to distinguish between secular morality and religious principles and traditions which, it is argued, ought to be free from government encroachment where the activity in question is not demonstrably harmful to the general public. Blum pointed to several religious groups of long standing that partake. as part of their tradition, in the ingestion or smoking of certain psychoactive vegetation in a ritual similar to the taking of sacraments in some Christian practices. The task, according to Blum, was to flesh out the distinctions between government regulation based on legitimate concerns for health and safety versus government as regulation "disguised secular moralism" while, in fact, being prompted by "neo-puritan" religious dogma. The resolutions drafted presented (approximately) the following positions. With regard to religious clubs on school property, the resolution provided for open access after school hours, with no admittance during school hours. The group cut a distinction between 'school related' groups as opposed to groups voluntarily formed by the students for any purpose. The limited access resolution pertains only to the latter groups. The Abortion and Religion Group was deadlocked on the issue of whether the resolution should presume either that the controversy is inherently a religious conflict or, on the other hand, that it is inherently a secular moral question. A vote by the plenum decided that the issue had indelible religious overtones. The resolution held that the abortion decison ought to rest on the moral determinations of each individual according to her own discernment, and ought not to be en- croached upon by a government prompted by religious fervour. The resolution of the "Drugs and Religion" group capped the evening's events with a pair of statements declaring the sanctity of religious practices which do not conform to conventional notions of religiosity. The first statement urged tolerance from secular and religious quarters, and conveyed the conviction that the controversy emanated primarily from religious intolerance rather than from secular moralism. The second statement promulgated a test which the government ought to be required to meet in order to illuminate the actual bases for any encroaching regulations. The test essentially requires the government to articulate the public interest which it purports to serve, and it requires the government to demonstrate the plausible existence of a 'harm' which it allegedly seeks to avert. The third prong of the test requires the government to employ the least violative, effective means for achieving its regulations where it is delving into the sanctuary of legitimate religious practices. The "Town Meeting" wasfunded by the New York State Committee for the Bicentennial of the U.S. Constitution. A public report on the resolutions will be published, and drafts will be presented in Albany. THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 8, 1989 Arthur Helton Attacks U.S. Immigration Policy On Tuesday, October 24th Arthur Helton alerted our school to the deceptive and immoral practices of present U.S. immigration policy. He spoke as the guest of the Graduate Group on Human Rights Law & Policy at a brown bag lunch in the sth floor faculty lounge. Mr. Helton is currently the director of the Political Asylum Project of the Lawyer's Committee on Human Rights and a past graduate of N.Y.U. Law School. by James Monroe Arthur Helton International standards of refugee treatment began after WWI and the formation of the League of Nations which broadly defined refugees as migration in the aftermath of natural and manmade crises. In 1951, the U.N. convened to deal with the massive displacement of people (15 million worldwide) in the wake of WW2. The U.S. declined to become a party to thisU.N. Convention of the Status of Refugees. In 1967 the U.S. joined as a party, the U.N. Protocol on the Status of Refugees and the USSR declined to become a party to the protocol, although recently, the USSR announced that it would reconsider. The U.N. also passed the Refugee Act of 1980 which merely incorporates "a person who flees disorder, strife, or has a well-founded fear of persecution" into the pre-existing definition ofrefugee. The U.S. ostensibly joined this Act but since Congress has refused to sign it into law, the U.S. does not feel bound to determine status based upon this definition. The international order implied by the 1980 Act and other recent international orders continually are pared down from their original meaning and intentto allow sovereign governments to continue minimalist approaches to refugee status. The U.N.s inability to overcome traditional sovereign prerogatives continually plays in the hands of ideologues in all countries. In the U.S. this means narrow construction of the term "fear of persecution" in relation to Haitian, Guatemalan, and El Salvadoran refugees and broad construction in relation to mainland Chinese students. Even though a definition has been agreed upon, enforcement of the nonexistent obligation to admit refugees is, of course, impossible. This lack of obligation to admit is the result of the inability of the U.N. to agree on international standards for determining status. Arthur Helton alleged that, "Since the U.S. immigration bureaucracy determines status, it allocates refugee protection along ideological lines even though we have accepted the U.N. definition. These status allotments are purely reflective of administration foreign policy biases as is evidenced by increased acceptance of refugees from communist Ethiopia, Nicaragua, Cuba, and traditionally high percentages from Eastern Europe and the Soviet Union. "At the same time we are turning away and detaining Haitian, Guatemalan, El Salvadoran, and other refugees from noncommunist countries." Presently, 50-80% of applicants for asylum in the U.S. from communist bloc countries are accepted while less than i5% of applicants in the U.S. from Haiti are accepted. This disparity is in seeming discordance with federal law which states that all applicants for asylum that are physically present in the U.S. are to be afforded equal footing for purposes of acceptance. Western nations are concerned with reducing the influx of third world peoples and use a variety of techniques to slow down migration. One common deterrence is to restrict travel from country to country. This has recently been used in Europe to convince the Tamil people to stay in Sri Lanka and at the U.S.-Canadian border to deter Latin American and Asian migration. The most infamous example of thefirst world insulating itself from the peoples of the third world is the U.S. interdiction and detention of Haitians. The U.S. Coast Guard regularly violates international law by intercepting boats on the high seas and checking for passports. Based upon an obscure "Exchange of Letters" between the non-communist Haitian dictatorship and the Reagan Administration which okayed the action, the Guard has sent 20,994 out of 21,000 refugees back (continued on page 7) Plastics Rally Held Downtown The front lawn of the Old County Court House was the site for a demonstration against plastics sponsored by the Buffalo Greens and supported by Citizens Action, WNY Peace Center, Network ofLight, U.B. Recyclers, NYPIRG (Buffalo State), Buffalo Environmental Law Society, National Lawyers Guild, and Williamsville South High School Students for a Better Universe. by John B. Licata Approximately sixty people assembled to protest the proliferation of disposable plastic products in the dismal weatherthat hung like a pall over downtown Buffalo. Cindy Cox, of the Buffalo Greens, was the "host" of the rally and gave a short speech about the dangers of plastic and its nonbiodegradable personality. Cox stressed the dangers involved in producing nonbiodegradable material which represents a threat to the survival of the planet. Cox then introduced Buffalo Common Council member David Fronczak to the assemblage. Fronczak, a supporter of recycling and a proponent of anti-plastic leg- islation, noted that"the petrochemical industry wants more and more plastic produced, creating a greater need for future legislation." Fronczak asserted "Dave Rutecki and I and the Buffalo City Council are fully prepared. By January Ist, if we don't have any movement by the [Erie County] Legislature, we'll put together legislation that hopefully will be passed (continued on page II) HIGHLIGHTS Marie Mcleod — one of many unsung heros at the Law School page 3 Monroe County Public Defender speaks on pros and cons of his specialty page 5 Law students testify before mandatory pro bono committee page 14 �I Without Pieper, You Could I I I I I I I I I I I I I I I 2 Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's what you'll get at THE PIEPER BAR REVIEW. It provides a complete lecture series, essay writing, multistate practice exams, books and a seminar for the MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. — PIEPER NEW YORK MULTI STATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, N.Y. 11501 (516) 747-4311 The Opinion November 8, 1989 I I I I I I I I I �Workshop To Examine Career Alternatives For Lawyers "There's More to Law Than Law," a career planning seminarthat will help law students expand their options outside the practice of law, will be presented by Marcia J. Boynton on Friday, November 17, starting at 4 p.m. in 106 O'Brian Hall. It will last until 7:30 p.m. The program and materials are free for law students, compliments of the UB Law Alumni Association. by Ilene Fleischmann Another seminar aimed at helping established attorneys make a change will be presented by Boynton the following morning from 8:30 a.m. to 1 p.m. in the Center for Tomorrow. For that seminar, there is a fee of $30 for Law Alumni Association members who have paid their 1989-90 dues and $40 for all others. Because Boynton's career advice is different for law students seeking their first job than for established attorneys, she has requested that students make every effort to attend the Friday, rather than the Saturday, seminar. By focusing on legal skills transferable to business and other areas, Boynton is able to help those facing their first legal job search, as well as those wishing to integrate a new law degree with an established career and those making career changes in the legal profession. Attendees will learn to develop a career plan, identify work life objectives and conduct a job search for careers in corporate settings apart from the legal department. Boynton will help attendees become familar with non-legal corporate activities that draw upon legal skills and learn to read classified ads with new understanding. Strategies for converting legal resumes and overcoming biases against attorney candidates will be discussed. How to negotiate with decision-makers to design "the perfect job" is an important component of the program. Marcia J. Boynton is an attorney who has built a career in non-legal roles. Now Director of Corporate Affairs for M-CARE, the University of Michigan's HMO, Boynton previously was employed by the BFGoodrich Company, the University of Michigan Medical Center, Blue Cross & Blue Shield of Michigan and both large care industryShe is a 1981 graduate of the University of Akron and is a member of the State Bar of Michigan. During the past several years, Boynton has been interviewing lapsed lawyers and tracking the career opportunities they havecreated for themselves outside traditional legal roles. She is a frequent speaker on career issues at law schools and bar association functions. "The days of spending an entire career with one law firm are over," she asserts. "Established attorneys and recent law graduates should plan for at least two job cchanges in the first 10 years in the work force. The ability to recognize and take advantage of unusual opportunities wherever they arise is crucial." For more information call llene Fleischmann, Director of the UB Law Alumni Association, at 636-2107. Alumni should make their checks payable to the UB Law Alumni Association and mail to: UB Law School, Alumni Office, 320 John Lord O'Brian Hall, Amherst Campus, Buffalo, NY 14260. Students do not need to register for the Friday session. — Marc-ia Boynton and small law firms. Her professional roles have incorporated personnel management, regulatory affairs, government relations, contract administration, and operations management in the health — UNSUNG HEROS: Marie McLeod Has A Hand In Many Law School Operations Behind the scenes at UB Law are many individuals whom many of us never have any contact with and yet withoutthem the operation of theschool would be halted. It is our hope that a series of articles about these unsung heroes will put them in a This issue's well-deserved limelight. unsung hero is Marie McLeod. Among the many feats the computer programs accomplish is the turning out of statistics. For example, a final report is issued in mid-October which provides such information as the average LSAT score, undergraduate GPA and age of applicants (this by Donna Crumlish Editor-in-Chief Marie McLeod's office is tucked away in room 306, behind admissions and records. Although the office doesn't have the same physical prestigethattheotherthirdfloor administrative offices have, Ms. McLeod's importance to the Law School operations shouldn't be underestimated. Among the activities in which she has a hand: orientation, admissions, registration, final exams, the law school bookstore, room scheduling and commencement. A quick glance at the list generates the realization that these activities may very well form the backbone of law school operations. Officially, Ms. McLeod's title is "Technical Specialist". The "technical" part of her job is indicativeof thetime she spends on computers. She is instrumental in setting up and fine tuning the computer programs used in the admissions process. potential for admission. Ms. McLeod's expertise in computers also comes in to play in the registration process. She keeps a computer file of every course description and distributes it to instructors before the information is distributed to students.Instructors are able to update and change the course description as the nature of the course changes, thus eliminating the possibility that students receive out-of-date information. The Law School Bookstore on the second floorofO'Brian is probably one of Ms. McLeod's most thankless tasks. She is in charge of the bookstore and no matter what she does she says, "you can't make people happy." Marie McLeod year there were over 2,000 applicants). Computers are also used to keep tally ofan applicant's status in the admission process; information can be made instantly available to privileged individuals as to a particular applicant's status and his or her One of the biggest complaints students have about the bookstore is that cash is not accepted. There are two reasons for the checks-only policy. Thefirst is thatthe University advises against the bookstore taking cash. Second, the responsibility associated with keeping track ofthe money that would pass hands in the bookstore is too much to place on any one individual. During thefirst month of school the bookstore took in over $19,000. And although the pace quiets during the school year, it is not unusual for the bookstore to take in $3,000 a week in October and November. Ms. McLeod emphasized that she is always open for suggestions on how to improve the bookstore. Final exams are another area in which Ms. McLeod is instrumental. She is responsible for administering all the special exams. These include exams for students with special needs, studentswho are ill on exam day and studentswho have conflicts between two exams. Commencement is Ms. McLeod'sfavorite project. She assists the commencement committee and does everything the commencement committee doesn't do. One of her biggest tasks is taking care of the physical arrangements in alumni arena (i.e. ordering flowers, providing water for speakers and working on a seating plan.) Commencement rehearsal is also run by Ms. McLeod. Along with the specific tasks which she is required to perform, Ms. McLeod often acts as an answer center for students who aren'tquite sure where to turn. She enjoys the student contact and the personal dimension it adds to her job. Indeed, after meeting her, it is easy to ascertain that she is very happy with her position in the law school.Students would be wise to take advantage of her enthusiasm when they are looking for answers to questions and don't know where to turn. Interactive Video: The Next Phase of Legal Education? You are sitting in a room watching a lawyer question a client. She asks a question. You didn't quite catch what she said. You tap your keyboard and she asks the question again. You wonder why she picked that particular question. You tap your keyboard again. A description of the legal issues behind the question pops up on the screen. Suddenly it all makes sense. You are on your way to learning the Law through interactive video. Interactive video programs have been available for quite some time in the United States. Ask anyone who has ever stopped in at a video arcade. You put a quarter in a slot. Video images appear on the screen and you respond to them.This same technology has been applied to the study of Medicine and, more recently, to the study of Law. by Lenny Cooper Staff Writer The synthesis of these two disciplines started back in 1985 on the Harvard and Stanford campuses and has been on the market now for two full years. Today over one-third of the law schools and several of the larger law firms in this country utilize interactive video to teachLaw. Subjects include Negotiation, Trial Technique, Client Interviewing, and Search and Seizure programs. Video programs give students the opportunity to watch live action law-related role plays and to interact with the program. The program will ask the student questions at different intervals. Answers and explanations to questions are given. The student can control which parts of the program he wishes to view and in what order. Current interactive video combines the technology of the Laserdisk with that of a standard IBM compatible computer. The Laserdisk player provides nonsequential access to the program stored on a laserdisk. This allows the student total freedom to instantly move to any section of the program desired. The only interactive video program available on the market today is provided by the company which pioneered the effort Veralex. Veralex salesperson, Susan Yahn, said that she expected a steady growth of interactive video in the United States. A growing number of schools and law firms are availing themselves of this exciting new option for legal' study. Firms in particular like to use video as part of their continuing education programs. Schools are integrating the use of video into lectures where a professor will encourage student participation in selecting options available in the interactive program. — Future plans for interactive video programming include the provision for more and different types of options within a given program. For example, rather than watching a sequence from beginning to end, a student can choose different paths which the action will take, and the lesson Dance will be tailored accordingly. The UB faculty is currently investigating the possibilities of bringing interactive video to our law school. So next time you feel like catching a video, you just might be checking out Civil Procedure. The Nujftt Away with Outer Circle Orchestra Friday, November 18 at — 9:00 tit ? Nietzche's, in Attentown Troceeds to Senefit %pmttfi (jomez Memorial fund Sponsored by: The S.B.A. Kenneth Gomez Memorial Fund Committee, Black Law Student Association; Latin American Law Students Association The National Lawyers Guild November 8, 1989 The Opinion 3 �Battles For Reproductive Freedom Rage Throughout Country The issue of a woman's right to a safe and legal abortion has quickly become the single issue on the American political scene, losing newspaper headlines only to natural disasters. In July of 1989 Webster v. Reproductive Health was decided. In that case, the U.S. Supreme Court, in an opinion authored by Justice William Rehnquist upheld thee constitutionality of publicly funded abortion services and required doctors to test for fetal viability of a fetus at 20 weeks. Webster is regarded by many as the case which has enabled the Supreme Court to crack the foundation of Roe. The justices of the Supreme Court could accept this Turncock invitation to hold the Roe trimester approach as unworkable. In April 1989,the justices were explicitly asked to overrule Roe. In the Webster opinion, four justices appeared ready to throw out the trimester analysis, which in the end,was saved by Justice O'Connor's decision that Webster was not the case in which to address the trimester issue. Turncock may be that case. One Justice, Stevens, a resident of Illinois and former judge of the 7th Circuit in Chicago, has recused himself from the case. Eight Justices will hear the oralarguments, and it would appear that Turncock may tempt O'Connor into addressing the trimester approach an approach that Rehnquist, Scalia and Kennedy seem all too eager to dispense. However, the Justices could avoid the issue because of the posture of the case. The 7th U.S. Circuit Court of Appeals preliminarily enjoined the Illinois licensing law, so the Justices may decide there is no final judgment before them. The High Court has reserved that decision, however, until after oral argument on the merits. Some feel this case may settle soon, and therefore never reach oral argument before the Supreme Court. The other two cases involve challenges to parental notice requirements for minors seeking abortions. This area is well explored by the Supreme Court. The key concern is the analysis used by the Court to decide these questions, and how it will affect future abortion challenges. Future abortion challenges are inevitable. There has been great activity on the abortion front, undeniably since Roe, but now that the Supreme Court has narrowed the scope of Roe and appears willing to accept cases which will further weaken the foundation of that decision, it has in essence extended an open invitation to abortion opponents and state by Mary C. Kane Staff Writer — Immediately after releasing this opinion, the Supreme Court announced that it would hear three abortion cases during the October term, thereby signaling its desire to rework this controversial area of constitutional law. Thee cases are Turncock v. Ragsdale, Hodgson v. Minnesota, and Ohio v. Akron Center for Reproductive Health. Unlike Webster, none of these three cases explicitly asks the court to overrule their 1973 landmark abortion decision. But Turncock, an Illinois abortion clinic case, could possibly affect the fundamental right recognized by Roe. In Turncock, the state is appealing two federal court rulings that invalidated licensing requirements which held that abortion clinics that perform first trimester abortions to standards similar to those of full care hospitals. The two lower courts found that the requirements placed a heavy and unjustifiable burden on the availability of first-trimester abortions. Turncock is threatening because it implicates the first trimester and is considered an invitation to the court to rework the Justice Blackmun's trimester approach. Roe held that the state's interest in maternal health, though valid, does not become compelling until the second trimester. legislatures to continue legislative attacks. The momentum on the political front has been shifting since July 1989. Much of the recent activity has demonstrated that the "silent pro-choice majority," alarmed by the Webster decision, is making its views better known. It also indicates that the ranks of the prochoice organizations, complacent since Roe have reawakened in preparation for Webster and its aftermath. What follows is a synopsis of some of the recent activity on the abortion front. In Septemberof 1989,the United States Court of Appeals for the Second Circuit in N.Y. National Organization for Women (N.0.W.) et al v. Randall Terry, Operation Rescue et al upheld the constitutionality of a permanent injunction which prohibited Operation Rescue participants from "trespassing, blocking, or obstructing ingress or egress from any facility at which abortions are performed in the City of New York [and surround counties]." In an opinion by Circuit Judge Cardamone, the Court of Appeals also held that the limitations placed upon Operation Rescue participants (the appellants) by the United States District Courtfor the Southern District did not interfere with their First Amendment rights to free speech: Insofar as appellants attempts to block ingress and egress to plaintiffs' clinics resulted in Operational Rescue demonstrators' physical prescence on the clinics' premises, they were trepassers without right, constitutional or otherwise, to be there. Insofar as the appellants' rights of free speech were exercised in close proximity to individual women entering or leaving the clinics so as to tortiously assault or harass them, appellants' rights ended where those womens' rights began. There is no constitutional privilege to assault or harass an individual or to invade another's personal space. Hence, the tortious interference with the constitutional rights of those entering or leaving the clinics subjects appellants' First Amendment rights to the limitations con- tamed in the injunction that is the subject of this appeal. The courts, in addition to declaring the conduct of Operation Rescue illegal, upheld the heavy civil contempt fines leveled against them for their continued disregard for and violation of various court orders since April 1988. On October 10, 1989, the U.S. Supreme Court in an 8-1 decision denied certiorari in the case of McMonagle vs. Northeast Women's Center. The Lower Court upheld a 1987 jury verdict in which 26 anti-abortion protesters were found to have violated the federal anti-racketeering law by repeatedly interferring with a Philadelphia clinic. This represented a novel application of the use of the Racketeering Infleunced and Corrupt Organizations Act (RICO; 18 U.S.C.A. 1961-68). Professor Lucinda Finley on commenting McMonagle and the media attention it received said, "It is wrong to ascribe substantive meaning to cert, denials, in this case the important factor is that, strategically speaking, there is no doubt that more RICO actions will be brought against groups of anti-abortion protesters" by plaintiffs asserting that there is a pattern of interference. Finley also stressed that RICO is an ambiguous statute which is in need of reform and that the much more important legal development is found in N.Y.N.O.W. vs. Operation Rescue stating, "Having the courts describe this conduct as illegal, paints them (the anti-abortion factions) into a corner and further erodes the mainstream support of Operation Rescue and similar groups. It will increase the sense of the general public of what the Operation Rescue goals are and that the methods they use (harassment, blockading and destruction of property) are wrong." Florida GovernorBob Martinez, a noted pro-life governor, called a special legislative session to present a package of eight yourljJ Leaves Nothing ImM ■ 4 The Opinion ■ November 8, 1989 ■ ta/fcff Nation's Number One Bar Review. 415 ** "* k *»••■ *•*«• 62. im Co-«Mw«*tlk v N.Y.. N.Y. 10*01 (212) 594-36*6 (201) 623 3363 A»«.. Bo.toa. NUu 02116 (617) 437 1171 (continued on page 13) �Underlying Reasons For Human Dominance of Animals Explored This is the second installment in a threepart series of an article which appeared in theSept./Oct. issue ofTikkun magazine. The Western move with respect to nature has been to universalize our particu- lar conception of rationality and then to project its absence onto the rest of creation. We define ourselves as instrumental rationalists, and on that basis we consider ourselves both different from and hierarchically superior to the rest of nature, entitled to use natural resources for our own instrumental ends. by Alan Freeman and Betty Mensch The most rigorous justification for arrogant instrumentalism is rooted in the Western tradition of science, particularly the Baconian view of nature as an unruly force to be dominatedand controlled. Often using imagery depicting man as the aggressive scientific inquirer and nature as a woman to be subdued and exploited. Bacon asserted that one could acquire true knowledge about some aspect of nature only by transforming it into an isolated, manipulable object of human scrutiny, something to be prodded and dissected in a strictly controlled laboratory setting. This approach stands in stark contrast to that aspect of traditional, Aristotelian science that calls for observation immersed in natural context as theway to comprehend, in its totality, the essential nature of that which is observed. The philosophical premises upon which Baconian science rests were enunciated by Descartes, with his strict dualisms of mind/matter and subject (observer)/ object (observed). Within this dualistic structure, animals are relegated to the status of mere matter. They are thereby despiritualized, leftwithoutcultures or minds of their own, without thought, intention, or feeling. Like the rest of the natural world, they are readily available for instrumental human study and exploitation. In effect, the Christian presumption that only rational creatures have souls has reappeared in the form of secular rationality. As novelist Milan Kundera sums it up: Man is master and proprietor, says Descartes.whereas the beast is merely an automaton, an animate machine, a machina animata. When an animal laments, it is not a lament; it is merely the rasp of a poorly functioning mechanism. More than three hundred yearsafterthe deaths of Descartes and Bacon, this legacy pervades the modern psychology lab, where animals, wrenched from anything resembling their natural habitats, are shocked, poked, cajoled, and otherwise "stimulated" by a variety of mechanisms, often diabolical; and students are taught never to confuse the observer and the observed by anthropomorphizing or projecting onto animals thoughts, feelings, or a social lifeof their own. The crucial premise is still that animals are to be regarded as mechanisms whose behavior, however complex, can be reduced to an aggregate of stimulus-response reactions governed by genetic codes. Violence Against Women Addressed Dr. Charles Ewing, UB Law Professor, led a workshop on violence at the Legislative Issues Conference that took place October 19th at Temple Beth Zion in Downtown Buffalo. The conference was sponsored by the Erie County Commission on the State of Women. A keynote address was given by The Honorable Shirley Chisholm, a former member of Congress from New York, and also the first black woman in New York to chair the Democratic Party. by Maria Schmit Ms. Chisholm spoke of the need for women to be activists in pushing for reform in pay equity, family leave and child care. The American labor force is comprised of 46% women; yet women are not equal with men as far as pay is concerned. Reform is also needed in the area of family leave. The United States, unlike Israel, Great Britain, and other countries, does not have a standardized national policy dealing with family leave. Many women with young children return to the work force. While in many cases it is necessary for the woman to return to work, often a great percent of that income is absorbed by child care. A child care bill is needed, whereby tax credits could be given for the expense of child care. After the keynote address there were five workshops that were held simultaneously. Among the issues addressed were the workplace, violence, health issues, housing and lobbying. Dr. Ewing, who holds both a law degree and a Ph.D. in Clinical Psychology, led the Violence workshop. Many of those attending his workshop had a wealth of information to contribute. Among the attendees were a worker from Haven House, a shelter for abused women, a social worker, a police Captain, a memberof the Erie County Citizen's Committee on Rape andAssault and others who work in the field dealing with abused women and children. Dr. Ewing himself has 15 years experience working with abused women and children. Dr. Ewing stated that at the turn of the century, under common law, a man could Use a stick to beat his wife as long as the stick was only as thick as his thumb. It was not until the 1960's that the problem of abuse was recognized. The "Battered Woman Syndrome" was not identified as a mental health problem until the early 19705. It was during this time that the media also brought the problem of child sexualabuse to the attention of the public. The abuse of women and children is an old problem that has just been identified and addressed, yet there is still a great deal of "primitive thinking" even within the mental health and legal professions. Abuse of women and abuse of children go hand in hand. Men who abuse their wives or girlfriends are likely to abuse their children. Abused women may then become abusive toward their children. Furthermore, children who are abused are likely to become abusers themselves, thus perpetuating the cycle. Dr. Ewing fears that drug abuse will cause a tremendous increase in child abuse, as well as the problem of addicted mothers bearing drug addicted children. Battered women often feel trapped into their situations, according to Dr. Ewing. Many abused women go back to their abuser because they are mentally and emotionally dependent upon him. It is when the women try to stop the abuse that worse problems often arise. If a woman calls the police during an incident of abuse and does not receive substantive help, she is less likely to call again. The police will come and possibly take the man to a holding center. In all likelihood he will be out within a day. At best a protective order will be issued by a judge, ordering the abuser to refrain from offensive conduct against the abused. There is no guarantee that the abuser will abide. In fact, because many of these women are dependent upon the men, they may ask that the charges be dropped, or a Protective Order not be issued. If they do get a Protective Order, they may never file it with the police or later rip it up. Dr. Ewing stressed that we need more legal remedies to go after abusers. The Court needs to make it easier for women to get out of abusive marriages, and court orders of protection should be easier to obtain and be more meaningful. A piece of paper by itself will not stop an abuser an enforcement agency is needed. Also, judges need to recognize that domestic violence is a real issue. Many judges are white males in their 50's and 60s. They grew up and attended law school when these issues were not addressed. This does not, however, exonerate them from handling these issues today. Hopefully, as law students enter practice they will recognize and address domestic violence issues. — The model epitomized by the psychology lab has sought to prove its rigor by aping the physical sciences. Ironically, however, the most rigorous physicists have been conceding the fallibility of two of their most treasured traditionalpresuppositions. One is the dichotomy of theory and fact, which maintains that any given explanatory hypothesis can always be objectively tested—can either be tentatively confirmed or soundly falsified by contrary evidence. As most sophisticated scientists have conceded, however, data gathering and observation are always informed and constrained by prevailing theoretical paradigms. The strict dichotomy breaks down. So too with the dualism of subject and object. Starting with quantum mechanics and Heisenberg's Uncertainty Principle, and continuing withphilosophical counterparts such as Wittgenstein's On Certainty, we have come to recognize that reality makes itself known and "objective" only through the lens of the particularly situated observer. We see, as it were, always "through a glass, darkly." Instead of detachment, there can be only context. A revisit to animal labs shows how they in fact provide a vivid example of the collapse of the observer/observed dualism. As poet, philosopher, and dog trainer Vicki Hearne points out, the presuppositions a researcher brings to the lab inevitably affect not simply the interpretation of what takes place, but also what actually happens. If a dog, who usually starts by trying to be sociable, meets with no response from the behaviorist researcher— who has been taught that animals are incapable of belief, intent, or meaning— then the dog's own capacities will be deadened and it will act as robotic as the researcher believes it to be. Since 1895, white rats have been bred specifically for laboratory use. More docilethantheirwild counterparts, displaying far less social behavior, and given no opportunity to develop skills necessaryfor life in the wild, the lab rats are, in effect, objects created expressly to meet theneeds of "scientific" observers—a peculiarly artificial starting point for understanding animal behavior. Cats, by way of contrast, are difficult to "observe" because they will sometimes refuse to perform tasks they have already learned, preferring even starvation to the degradation of compliance with human demands. This extraordinaryfact has never been analyzed by behaviorists, who have no available explanatory vocabulary. Determined to Do Science rather than really understand animals, one venerable professortold a young researcher, "Don't use cats, they'll screw up your data." Now that this rigid dichotomy separating humans from nature has started to break down, both scientists and philosophers have discovered that animals begin to look different: we perceive creatures unlike those we previously roqarded as objectified otherness. By pt, g close attention, we "discover" a new animal reality. Dramatic breakthroughs have occurred in two areas: interspecies communication and the study of animal social life as "culture." No trait has been so relentlessly universalized to privilege us in the animal kingdom as our capacity to communicate through language. Even if we don't challenge thatcriterion of superiority, we must recognize that experiments in interspecies communication have shown us that animals are capable of mastering language—despite refutations by behaviorists reminiscent of the Church's response to Galileo. When chimps and gorillas learned to use sign language, there was a rush to deny that this behavior went beyond mere "conditioned association." It is now clear, however, that apes can use symbols to represent things not present, and can generalize concepts (like the chimp Washoe, who learned to sign "open" for a door, and quickly made the same request for drawers, jars, and even faucets). Facing the loss of their monopoly on "language," recalcitrant humans retreated behindthe bastion of "syntax" to describe specifically human, and therefore privileged, linguistic capacity. While the debate goes on (apes may be hesitant in their syntactical ability; dolphins may be quite adept), itis clear thattheformer bright line between language and "nonlanguage" now eludes us: when Koko the Gorilla picks up a rubber tube and uses it as a straw for drinking while joking in signs (continued on page 12) Public Defender Offers Advice "More than half the staff of fifty at the Monroe County Public Defender's Office are graduates of Buffalo University Law School" stated Ed Nowak, Monroe County Public Defender, at a talk given Wednesday October 25, 1989 and sponsored by the Buffalo Public Interest Law Program. by Sandra Williams In addressing a small group of individuals in a socratic format, Mr. Nowak explained that his office won't be interviewing on ÜB's Campus this semester for lack of funding for new staff as well as lack of turnover of the current staff. He also explained that when a slot becomes available it usually occurs in the fall and, since graduation isn't until May, it makes it difficult to hold a position open for a recent graduate to fill. However, if by some slim chance one is employed by the County, at a starting salary of $33,000 a year, the ideal we have come to expect from a law degree quickly diminishes by the extreme stress, burnout, and long hours that go with the position. This stress and burnout tends to come from harassment by clients who think you aren't doing a good enough job for them, while the long hours are credited to the different stages of the employment. Initially, the individual is placed in the Town Court, which has night sessions. Therefore, your day begins at 9 A.M. and normally runs unti 11 P.M. at night for four days of the week. This, however, only lasts for a year. At that point, you move to City Court, where the hours are less, though the workload is the same. The upside to all this is that the Office has many training programs available to attorneys and by the time attorneys are promoted to the Non-Violent Felonies Section and then the Violent Felony Section, they are well prepared. Unlike other legal aid offices, this office has no limitation on what cases an attorney will be advocating. For those who might envision a paid summer employment with the Public Defender's Office, it is advised to set your sights elsewhere, because besides the requirement that you have to be a Monroe County resident, only one paid position is available and it is marked for a minority applicant. The Office does, however, encourage and accept volunteer workers, and is currently trying to allocate funds for more paid summer positions. Females and minorities might be encouraged to know that the Office has six minority persons and eighteen women. However, women should realize that harassment does come with the job, mainly from male clients. As Mr. Nowak pointed out, clients who "like" thefemale counsels have a tendency to call them on a whim requesting a meeting. When the attorney appears, the discussion ranges from "how are you doing," to "my girlfriend or wife is giving me problems." If anyone wishes to apply to this office, Mr. Nowak advises that in addition to applying to the County directly, a resume should also be sent to his office. Mr. Nowak stated thatthere is a division of the Public Defenders Office with limited slots. This division, the Appeals Bureau, employs individuals who are not yet admitted to the Bar. A person employed here writes briefs and argues them in front of the Appellate Division. There are currently nine positions, which will probably be reduced to six if no funding comes through this year. November 8, 1989 The Opinion 5 �New York, New Jersey, and New England Students F RMore MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM LECTURE people take BAR/BRI than take all other bar review courses combined. And more people take BAR/ BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). EMPRE, LIVE EDate: Time: Place: SAT., NOV. 11 TH 9AM- 1 PM ROOM 106 The Nation's Largest and Most Successful Bar Review. 415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696 c (516) 542-1030 c (914) 684-0807 c (201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617) 437-1171 6 The Opinion November 8, 1989 �Televangelism: Exploitation Finally Has Its Price Was Jim Bakker screwed? Even among people who were never sympathetic to his predicament, this seems to be the general consensus. Certainly, if we compare his forty-five year prison sentence to the by Andrew Culbertson Managing Editor average sentence received by murderers, drug dealers, and rapists, it does seem a bit excessive. But, is it any more excessive than the quantity of garbage he spewed for a year of Sundays? Than the con job he and his fellow televangelists have peron this society? Than his wife's make-up? Probably not. Although Bakker's legal crime was fraud, he and his cohorts stand accused, at lease in these eyes, of brainwashing, as well as corrupting, a significant segment ofthis society. While I certainly find fault with televangelism in general, I must admit that the typical show is always good for a laugh or two. I mean, faith-healing? Come on, give me a break. And morality? Listening to these guys talk about morality is tanpetrated Prof. Scales-Trent Speaks On Employment Discrimination "I used to think the work of civil rights lawyers was trying to empty the ocean with a tablespoon. Now it's a teaspoon." Although Prof. Judy Scales-Trent ended on a somewhat pessimistic note, her recent discussion on Employment Discrimination enumerated the range of tools attorneys have to work with in employment discrimination cases. This was the resounding message Prof. ScalesTrent had for the group of students gathered for the October 19th lunch-time discussion sponsored by the Labor Law Society. Before discussing several employment discrimination cases recently decided by the Supreme Court, Prof. Scales-Trent briefly discussed the history and her experiences with the Equal EmCommission ployment Opportunity (EEOC), where she was employed for ten years in Washington, D.C. by Maria Germani In the early 19705, the EEOC had jurisdiction over cases pertaining only to Title 7 of the 1964 Civil Rights Act, (race, sex, religion, color and natural origin). In 1978, President Carter issued an Executive Order which reorganized the Department of Labor and allowed the EEOC to coordinate all of its Federal programs. Age discrimination, equal pay, etc. were designated to fall under the EEOC umbrella. President Carter's Executive Order was an attempt to get the Federal Government to speak with one voice instead of several voices. Presently, there are 40-50 EEOC offices across the country doing intakes. Professor Scales-Trent offered advice for future civil rights attorneys who may find themselves with an employment discrimination case on their hands. Her message: while cases are getting tougher to win, they are not impossible. Choosing the right "tools" or combinations thereof is a key strategic factor for success. To begin with, Prof. Scales-Trent noted that civil rights attorneys should steer clear of federal courts and look to state courts first for resolution. The reason she proposed this is because of the high percentage of conservative federal court judges appointed during the Reagan Administration, and the deleterious effects of their decisions. As a general rule, civil rights attorneys should try to resolve their cases at the agency level "if the courts look bad." Prof. Scales-Trent paints a picture of the most effective attorney first asking "Who is in town?" followed by "Who is giving the best results for my needs?" Private practitioners soon learn which office does the best job for them, also attending general information sessions where they share this useful information with other attorneys. Once the forum for adjudication is established, effective attorneys examinethe different tools at their disposal "depending on who (they're) going after." The example Prof. Scales-Trent provided were Title 7 cases. While Title 7 does award attorney's fees, the remedies are not very good in employment sexual discrimination cases. The employee is given her (most sexual discrimination cases under Title 7 are brought by females) job back and the employer is only told "Stop that!" Title 7 does not cover sexual orientation discrimination cases either. Increasingly, attorneys lookto state statutes for additional remedies. Almost every state has a fair employment law. Also, state constitutions give rights to their citizens. "All the statutes have weaknesses and strengths. Hunt around to see which arsenal works best for you." Prof. Scales-Trent commented, "It's good that there are statutes. A statute sets policy." For example, in Title 7 cases in Minnesota, state statutes allow remedies for mental anguish and suffering as well as punitive and treble damages. Lawyers might also research the possibility of adding a state tort claim too. Prof. Scales-Trent noted, "You use a different tool depending on who you're going after." Presently, the Labor Law Society is organizing and formulating a boycott of "union-busting law firms" recruiting law students through the Career Development Office. They are also actively participating in the Communication Workers of America strike against NYNEX, joining the picketers once a week. Anyone interested in receiving information about this strike, the United Mine Workers coal strike, or the International Association of Machinists' strike against Eastern should leave a note with Toni Delmonte, Box 645. Immigration Policy . . to their tormenters in Haiti. Judge Robert Bork dismissed a lawsuit on behalfof the refugees on the basis that the only persons with standing to sue would be refugees that had been interdicted and returned to Haiti. Refugees from Haiti that avoid interdiction and safely land in the U.S. are treated to an indeterminate detention. A 1982 lawsuit pursued successfully on behalf of thedetainees charging thatthe policy was enforced discriminately based on national origin has resulted in a policy of "injustice for all" (Helton's words). The new guidelines call for telling the detainees from each country that they have no recourse and they can be retained indefinitely. Helton observed that most people prefer taking their chances with tyrannical persecutors over life imprisonment. Helton postulated that the Reagan/Bush agenda is to deter Third World immigration on the theory that if you mistreat immigrants the word will get back to the from page 1 countries of origin thus limiting flow. Mr. Helton wrapped up his talk by mentioning that the U.N. has passed Article 31 which is a resolution maintaining that host countries (i.e. the U.S. to the Haitians) should not restrict the flow of immigrants to other countries. The U.S. does not feel compelled to follow this principle because there exists no similar federal statute. In this respect the U.S. diverges from international standards of protection. The newly formed Graduate Group on Human Rights Law and Policy generally agreed that Arthur Helton created a compelling case for increasing citizen awareness of human rights violations in theU.S. and a case to put pressure on our lawmakers to implement policies that make it illegal to send any political or social refugees back to any country where they will be subject to persecution. For further information on the group or what to do to achieve a more just policy, contact Craig Mokhiber, 3L. tamount to listening to Jimmy the Greek discuss his theories on race. Unlike the Greek, however, televangelists are taken seriously by many people (although it wouldn't surprise me if these same people did take Jimmy the Greek seriously). If there is one major flaw in the evangelistic, as well as the Fundamentalist, approach to morality (and there are certainly more than one), it's the fact that it tends to be a selective morality. The favorite target, clearly, is the homosexual, who is to the average televangelist what smog, ex-wife, andEd McMahon drinking jokes are to Johnny Carson. Like Carson's jokes, Jiowever, this is one area that has been ofcaten into the ground ad infinitum. Theattacks have become so frequent, and so rhetorical, as to suggest at least two these guys are extremely homoslobic. Second, they are using homosexuals, who are still not accepted by a majority of this society, to garnish support among their viewers. To illustrate, I have rarely, if at all, heard a televangelist condemn racism as being immoral. This really isn't surprising, however, since the constituency that televangelists cater to has a strong Aryan tradition that is less than tolerant of certain minority groups. So, although racism is certainly more immoral than homosexuality (which is arguably not immoral at all), it simply doesn't pay for Jimmy Swaggart or Jerry Falwell to attack it. Perhaps the greatest evil perpetuated by these "prophets" is their practice of manipulation by hellfire. There are many people who actually believe that hell is a real place, with fire, brimstone, and the works. As silly as this concept may seem, there are millions of people who believe it when Reverend Falwell tells them that V unless they accept Jesus Christ as their saviour, they are facing a rather hot hereafter. Of course, one need only donate twenty-five dollars to avoid such a nasty aftermath to life on this earth. When one takes a hard look at televangelists, one realizes that these guys are merely salesmen. Some salesmen sell cars, others sell vacuum cleaners, and these guys sell religion. Of course, calling what they sell "religion" is a serious misnomer, and should be offensive to anyone who practices a legitimate religion. All they are selling is membership in a meanspirited club made up of fanatics who fancy themselves "religious." If nothing else, televangelists have proven how powerful religion can be if it is exploited correctly. They have created a billion dollar industry selling the promise of eternal happiness. Atthesametime, telling people (most of whom don't know any better) that God thinks groups like homosexuals are sinners is socially irresponsible, since such an attitude actually serves to "legitimize" prejudice by enabling people to viciously attack these groups in the name of God. Of course, history ironically illustrates that more people have been attacked or killed in the name of God than in the name of anyone else, including Lucifer. Ultimately, if there is a hell, I feel sorry for these television "prophets," who live by a set of rules that no fair god would tolerate. They all may shudder to think what forty-five years in prison is like. Perhaps, instead, they should contemplate the prospect of spending an eternity in the hell they've described so graphically in manipulating their viewers. One thing is fairly certain. You don't get parole after ten years. 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 /* \1 FILM REVIEW: When the Hunter Becomes the Hunted The Bear is the story of an orphaned bear cub and his relationship with an enormous, adult male bear. The two bears become the object of a hunt, and the film is seen mostly through their eyes. Four years in the making, The Bear, directed by Jean-JacquesAnnaud(QuesfforF/re),has been breaking box office records throughout the world, and with good reason: The Bear is a spectacular film that can be enjoyed by adults as well as children. By Michael D. Gurwitz Features Editor The most important thing to remember is that The Bear is not a Disney movie. While the bear cub is cute and cuddly, the animals depicted in thefilm are neither anthropomorphosized nor candy-coated. There are scenes of violence and bloodshed (all injuries to animals were simulated), butthere are also scenes of whimsy and fascination. There's also plenty of comedy, sex, and drugs to keep "aw man, not an animal film" types happy. Anyone looking for a good and differenttime at the movies will like The Bear. In fact, it's a welcome relief from the brain-dead cop movies, romantic comedies and Roman numerals that comprise the usual fare offered to the public from the "quantity, not quality" greedheads in Hollywood. Filmed in British Columbia and the Austrian Alps, The Searcontains breathtaking scenery and gorgeous cinematography, and isa reminderof whatthe world looked like before the advent of asphalt and fastfood restaurants. Much of the film takes place without the presence of the three humanactors, but the story does not lag in 1989 8 November theirabsence. On the contrary, the various sounds and gestures made by the two bears and other assorted wildlife are, in their own way, strangely understandable. A note ofcaution is in order here: do not sit next to pinheaded adults who are unable to follow a scene that does not involve people talking to each other.Such persons tend to talk a lot, and inspire murder-filled thoughts within the minds of their adjacent filmgoers. Anyone who enjoys wildlife documentaries will groove on The Bear. The baby bear is cute, the adult bear is a 1500 pound nightmare, but both are highly intelligent and quite interesting. The director does take liberties by answering the age-old question: what do bears dream about? (the answer is very weird and very funny). The assorted dogs, horses, cougars, deer, squirrels, and frogs add to the fun and suspense, but it is the appearance of three gun-toting naked apes who provide the true tension of the film. The Bearcontains a strong anti-hunting message, but it is the result of a well-told, compelling story rather than outright lecturing. The trio of hunters are neither villified nor parodied. Viewers are left to judge their actions for themselves, but scenes juxtaposing two very live, intelligent bears with the skinned bear carcasses of the hunters' camp convey the message that it is the pursued bears, not the human hunters, whom we are to root for.As the saying goes, the real thrill is not in the killing, but in letting them live. (The Bear israted PG andcontains scenes of violence that may be too intense for younger children.) The Opinion 7 �OPINION usr S FATE UNIVERSITY OF NEW YORK Al BUFFALO SCHOOL OF LAW Volume 30, No. 7 November 8, 1989 EDITORIAL BOARD: Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Photography Editor: Donna Crumlish Andrew Culbertson Maria A. Rivera Bruce Brown Michael D. Gurwitz JeffMarkello Editorial Environmental Education A Must The fate of our environment is something which affects each of us directly, yet many of us choose to remain uniformed about environmental issues. It is easy to convince ourselves that many of these issues are too difficult to understand, or that our contribution will be too small to have any meaning. This week, we have the opportunity to become informed about one of the century's most pressing environmental issues. The Law School Dean's Office, the Student Bar Association, and the Buffalo Environmental Law Society are among numerous organizations sponsoring a "National Week of Education on the Greenhouse Effect and Global Warming." There are three main factors which lead to the end results commonly known as the GreenhouseEffect and Global Warming. The first factor is the build-up of gases in the atmosphere (mostly carbon dioxide, but also carbon monoxide and methane which are produced by the burning of fossil fuels (mainly gasoline). This build-up of gases has produced a layer around the earth which lets heat in but doesn't let it out. The sun's heat thus gets caught under this layer of gases, causing an effect similar to that produced in a greenhouse. The second factor is the depletion of the ozone layer, caused by the release of cloroflorocarbon's (CFC's) into the atmosphere. CFC's are released mainly by aerosol cans and the production of styrofoam. As the ozone layer becomes less substantial, more of the sun's ultraviolet rays are able to reach theearth and add to the "warming" caused by the Greenhouse Effect. The third factor is the destruction of rain forests. Because the rain forests absorb carbon dioxide, less goes into the atmosphere, thus helping to lessen the greenhouse effect rather than detracting from it. Upon learning the aforementioned facts, it becomes obvious that the inhabitants of the planet need to act quickly and as a unit to curtail these hazards. We can begin by educating ourselves further on the issues and finding out what part we can take in thee process. Begin by attending the "Dialogue on the Greenhouse Effect and Energy Choices" at 3:30 today in the Woldman Theatre in Norton Hall. We owe it to the future of our planet. Staff: Ted Baecher, Lenny Cooper, Dennis Fordham, Maria Germani, Mary Clare Kane, Gary Ketcham, Jennifer Latham, Darryl McPherson, Jim Monroe Contributors: llene Fleischmann, Alan Freeman, Ellen Gibson, Mona Igram, John B. Licata, Betty Mensch, Troy Oeschner, JaneSchmieder, Maria Schmit, Wendy Silva, Sandra Williams From The Opinion's Mailbox We All Share Responsibility For Raising of Social Issues To the Editor, I was appalled by the letter written by Mr. Chistopher Porter in the October 25, 1989 editionof the Opinion. It suprised me that someone would take the time out to critcize steps others have taken to fight for what is important to them and which may be important to the larger society. Mr. Porter criticizes both SUNY law students and faculty as supporting protests "...[that have) done nothing to change the status quo". He cites examples of such protest, including protests against "The Judge Advocate Group, the FBI, grape growing in California, Justice Rehnquist, Crawdaddy's Restaurant, and animal rights". He continues by saying that these protest have done more harm than good. Mr. Porter attributes SUNY Law School decrease in nationwiderankingto these types of protest. Mr. Porter also informs us that the "Leftist image" of SUNY Law School is critcized by the Erie County District Attorney's Office. In addition, Mr. Porter feels thatthe students and faculty should protest more important issues such as the atrocities committed in China, the treatment of people in Eastern Europe, starvation in Ethiopia, and the drug kingpins in Columbia. While I agree with Mr. Porter that these are important issues that need to be dealt with, I disagree with him that the issues that are being or have been protested by SUNY law students and faculty are not as important. I believe that we all feel that there is something so meaningful to us that we should either support or fight for it. Whether the issue is abortion, the purity of grapes, laws to end discrimination, antiapartheid, or thefeeding of hungry people in this country or elsewhere, if it is what you feel strongly about, you should support it. I believe that you are mistaken, Mr. Porter, when you say the issues protested by our peers and faculty are not important because in essence you are saying that protecting ourselves from impurities is not important; the sanctity of life, even if it is an animal's life, is not important; that fighting discrimination is not important; and that voicing our opinion to the Chief Justice of theSupreme Court is not important. While at this point it may seem to you that these protests have not effected the "status quo" and have had no effect at all, I assure you that they have. Any time you relay your ideals to someone else they have had an effect. As to seeing change, I urge you to be patient and to keep watching. As with the beginning of all protest, it may at first seem to be in vain. However, with time and commitment you will start to notice larger changes. History has taught us this: just look at the Civil rights movement, anti-apartheid and laws concerning abortion, among others, if you need proof. I am very sorry, Mr. Porter, if the liberal and "Leftist" reputation of our school embarrasses and upsets you. However, if the reputation of ÜB's Law School preceeds it as you say it does, I am sure you knewwhattypeofattitudeithadwhenyou enrolled. If not, I am sure that after a year here you knew. Yet you chose to enroll chose to come here. Maybe you would have felt better if you had decided to go to a more typical "Black Letter" law school. I have on suggestion foryou, Mr. Porter. Instead of complaining about what is being done by the students and faculty, use your time to do something about one or all of the issues you have raised. I am sure many will gain more from your actions towards these causes than through your writing opinions such as this. Trini E. Ross First Year Law Student Anti-Discrimination Committee ©Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. Tihe Opinion is funded by SBA from Student Law Fees. Student Dismayed At Lack of Latino Faculty at UB Law School The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. In 1987, only thirty-eight percent of the teachers who entered law teaching had law review experience; sixteen percent had been elected to Coif membership. What's a Coif? Ten percent held that mysterious L.L.M. degree; and only fourteen percent had ever published an article or legal writing. Some law schools say that there are too few minority candidates for too few mierda. Look at the above numbers! There are too many lame excuses that academic institutions use in order to foster the exclusion ofLatino/as and other minorities from teaching law. It is little wonder that Latinos have not fared well in the academy. I have no one to look up to! I frankly have never met a Latino law professor. Some schools believe by hiring one minority teacher they will satisfy all that is required to make the world a better place. NO. You have to keep on hiring. In addition, you have to make the teaching environment conducive for the minority teacher. Too often you find a minority teacher confronting sophisticate racism presented by neanderthals who are posing as law teachers. There are over 20 million Latino/as in the United States today. We are the fastest growing group and soon, REAL soon, we will be everywhere! You need to speak Spanish in New York City, Los Angeles, Miami, Dallas and even the Westside of Buffalo. For that reason we need Latino/a attorneys. By the way, how many Latino/a attorneys are there in Buffalo? All law students should look at their environment very carefully because by the time you retire at the age of 60 or whatever, you will have to sing the national anthem in Spanish with a very interesting percussion beat in the background. Martin Sanchez Rojas ('9O) Willful Ignorance Obscures Results To the Editor: Chris Porter's October 25th letter regarding the futility of student protests evinced such glaring ignorance of the facts that it almost defies response. However, due to the great importance of the issues which he does intellectual violence to, I feel compelled to call attention to some of his most egregious displays of factual ignorance. It is appalling that Mr. Porter would assert that Student Coalition Against Racism (SCAR) protests directed at Crawdaddy's were groundless and without impact when he clearly has not taken the time to apprise himself of readily discoverable facts. With minimal effort (i.e. reading the local paper, watching the local news) which he failed to exert, Mr. Porter would have learned that: 1. Public hearings were held by the State Division of Human Rights at which several people testified that they had been treated in a discretionary fashion by Crawdaddy's. 2. Five African-Americans brought suit against Crawdaddy's charging that the bar had discriminated against them. They were awarded $10,000 each. 3. The State Liquor Authority suspended Crawdaddy's liquor license for one month and levied a $1,000 fine against the bar after finding that it had discriminated against a Black state trooper. How much more documentation do you need Mr. Porter before you can "see and hear" evidence of discrimination?Or is it 8 The Opinion simply that you've chosen not to see it? In your letter you assert that student ac- tivism should be more focused on local issues. What could possibly be more local than racism in Buffalo? The parking problem at UB? It would be obscene to suggest that the parking shortage is a more pressing social issue and more deserving of students' energies than is racism. Ironically, it is the blindness and deafness to radical bias displayed by Mr. Porter which provide part of the reason public protests such as the one at Crawdaddy's are necessary. They are a means of challenging those who have wrapped themselves in ignorance and denial of social reality to think, see, and hear. It is revealing that Mr. Porter equates an anti-discrimination movement with a liberal agenda. While that characterization may be quite telling as to Mr. Porter's views, it is also extremelyinsulting to conservatives who supported SCAR's goals and actions. I hope that in the future Mr. Porter does a more thorough job of checking facts before he condemns an activity as ineffectual and without basis. But more importantly, I hope that Mr. Porter and others learn to "see and hear" the subtle and overt manifestations of racism, for blindness to it only facilitates its unchecked growth. Sincerely and with regrets thatit's still necessary to write a letter like this in 1989, Samuel R. Miserendino, 2nd year Student Coalition Against Racism November 8, 1989 To the Editor: There are over 5,700 law teachers in the approximately 180accredited law schools in the fifty states and theDistrict of Columbia. ROUGHLY THREE DOZEN ARE LATINOS! In 1987, according to the most recent year for which we have data, there are only 35 Latino law teachers. Of the 35, there were 20 Mexican-Americans, 5 Puerto Ricans, and the remainder were Cuban or of some other Latino origin. (The University of New Mexico, in 1987, had 5 Latinos teaching on its law faculty, earning it a designation as a nuclear free zone or historical landmark). There have been some minor accomplishments in some law schools in hiring women and Afro-American teachers. Too many law schools have yet to have an Afro-American teacher and some have only a handful of women teachers. In fact, a recent study by the Society of American Law Teachers (SALT) found that 30 percent of the respondent law schools had no minority faculty, either Latino or Afro-American! On the "positive" side another 34 had only one minority teacher. In 1987, 570 law professors entered teaching that year only ONE new Latino entered law teaching in the nation. Every year over a thousand Latino/as graduate from law schools and a good number, I repeat a good number, would like to teach. So whathappens? Why can't they teach? Some may not have law review experience, then again who does? Look at how many Latino/as comprised your law school's law review. Not many have L.L.M.'s. How many law professors have L.L.M.'s? How many schools offer L.L.M.'s By the way what's an L.L.M.? Do we need to be a superbad law student in order to be a teacher? I have a Bachelor's, a Master's and soon I'll have a J.D. Will this be enough to teach? �GROUND ZERO Two Sad Tales of Justice Without Mercy Once upon a time there was a woman named Delia Alaniz. She lived inWashington State with her four children and a husband named Roy. Forseventeen years, Roy beat, raped, and psychologically abused Ms. Alaniz and her children. She tried to improve her situation through all the legal channels: by running away, applying for police protection, and seeking help from shelters. But every attempt failed, until one day Roy told her that he would kill herand rape herchildren. Out of desperation, Ms. Alaniz paid a man $200 to kill Roy. by Michael D. Gurwitz Features Editor On March 31,1987, the man shot Roy to death, and Delia Alaniz was arrested and charged with first degree murder. The judge who heard the case refused to allow as a defense the Battered Woman Syndrome. That defense can only be used when a woman kills the abuser in selfdefense or an imminentattack. The judge did not consider the past seventeen years of battering that Roy inflicted on Ms.Alaniz and her children, nor his previous threat to kill her, as danger sufficient to trigger the Battered Woman Syndrome defense. He also did not care that she had tried all legal means to keep Roy away from her (and was beaten by him when those attempts failed), and that she acted out of desperation. Delia Alaniz plead guilty to second degree murder and was given 10 years in prison. Justice, according to the judge, had been served. After a series of protests by women's rights organizations and Hispanic groups, Delia Alaniz was granted clemency by GovernorBooth Gardnerand set free. She had already spent nearly two years in jail, in addition to the seventeen years ofabuse she had suffered at the hands of Roy. Let's jump across the country. In New Port Richey, Florida, Pamela Forney, a 26 year old part-time bartenderwho is single and two months pregnant, was recently sentenced to 60 days in jail for failing to pay a fine for a D.W.I, conviction in 1987. Ms. Forney asked for a 10 day postponement of her sentence so that she could have an abortion. She feared that she would not beable to get a safe abortion by the time she got out of jail, and explained that she was financially unable to care for a baby. Both the defenseand prosecution agreed to the postponement, but not the judge. "Do you want a continuance so you can murder your baby, is that it?" squawked Judge Dan C. Rasmussen. He ignored Ms. Forney's pleas and the opinions of the attorneys, and sent her to jail. He did, however, offer Ms. Forney a way out of her dilemma: she could carry the baby to full term and then give it up for adoption. Thank you. Judge Rasmussen I'm sure you would do the same for your own daughter any day. These two cases indicate a serious lack of mercy in our judicial system. The fact that the defendants in both cases are women, and the judges both men, may or may not be significant —I can't say for certain. But I do know that in both cases, the judges opted to impose the harshest punishments againstthe defendants, when more compassion for their plights was in order. In the Delia Alaniz case, I think that most people would agree that Ms. Alaniz had suffered enough as a battered woman, without also having to go to jail. In fact, I thinkthat most people, despite our system of justice in this country, would applaud Ms. Alaniz' actions. I do. Roy was a bastard, and mental illness be damned, while death maybe was too harsh a punishment (no comment), he at least deserved to have the stuffing beat out of him. Ms. Alaniz, however, did not have that option. She was a woman trapped in a nightmare. — Beirut's Generation of War They don't make war like they used to. Time was, a man would know what he was fighting for, and be bloody proud of it. Things aren't like that anymore. Amerr ican soliders are quite familiar with fighting a war that they themselvesdon't really understand. The same can be said for the soldiers fighting the civil war in Lebanon. However, in their case it extends beyond the combatants, but to the citizens of the embittered country as well. by Darryl McPherson Staff Writer On October 25, the National Lawyers Guild (NLG) and the Graduate Group on Human Rights & Policy presented War Generation: Beirut, a documentary depicting the lives of young people growing up in war-torn Lebanon. Produced by Jean Chamoun and Mai Masri two years ago, it makes quite clear the fact that the Lebanese lot in life is not a pleasant one. The civil war started in 1975. Based on economic circumstances of "haves" and "have-nots," the conflict has grown into a conflagration that prompted the Israeli invasion in 1982. Presently, there is a peace process on the table in Saudi Arabia that looks pretty positive. Though there's a cease fire, the war isn't over yet. Many of the people don't understand why they're fighting the war anymore. They feel the government has turned its back on them. According to Mona Igram, a member of both the NLG and the Graduate Group, the people of Lebanon "don't have the power to deal with the conflicts that are forced upon them by wealth inequalities within the country, and by other countries intervening in the situation from outside the country." The documentary clearly expressed the pitiful plight of those living in Beirut. A 13 year old boy couldn't read or write be- cause there were no schools. He worked as an apprentice mechanic because his family needed the money. He and other children played war games "for fun, not for keeps like the real war." What struck me the most from the documentary was the regrettable sense of dejection of the Lebanese people. Those fighting the war casually expected to die as martyrs. Parties on both sides communicated like old friends, but would shoot at each other once the others started. Hope for the future was a very rare commodity. The title came from a translated statement in the program, "We're the war generation, we don't know anything." That one statement says a great deal about the situation in Lebanon. War Generation: Beirut was just one installment in the World In Crisis: International Human Rights Film and Lecture Series. Usually every Wednesday at 5 pm in O'Brian's first floor lounge, there has been a new topic for consideration from all across the globe. Issues relating to El Salvador, Guatemala, and Namibia, Africa are also explored. The NLG and the Graduate Group welcome suggestions on other films or speakers that students and faculty may be interested in hearing about. In addition to the Film and Lecture series, the National Lawyers Guild and the Graduate Group on Human Rights Law & Policy, along withother organizations will be sponsoring a Human Rights Week in March of next semester. Described by Ms. Igram, it's "a week of events centered on human rights issues internationally. We will focus on different areas of the world, and bring in speakers, have displays, and show films." The Graduate Group can be reached at Box 172, their office at 408 O'Brian Hall, or through Craig Mokhiber at 636-2073. The Guild's office is 118 O'Brian Hall. Imagine being beaten by the same person for seventeen years, all the time going to the courts and the police for help, and receiving none. Then imagine, after seeing how there was no one at all to help you, that your tormentor vowed to kill you and rape your children. Would you not be pushed to the ultimate act of desperation? The judge in the Alaniz case would not accept the Battered Woman Syndrome defense, because Ms. Alaniz was not being beaten, or in imminent threat of being beaten, at the time Roy was destroyed. In other words, it would have been better for Roy to have been in theprocess of beating Ms. Alaniz yet again when she killed him. Such legal reasoning might satisfy those whose lives are lived in law books, but the rest of us live in the real world. Our lives are not abstractions to be placed neatly into artifically made laws and punishments. If a judge cannot evaluate the total picture and act accordingly, that judge should hang up their robe and get a new job. Fortunately for Ms. Alaniz, the Governor granted clemency. But how many other Delia Alaniz's are there rotting in jail because they acted in desperation, but desperation was discounted when their case was reviewed? I do not know the answer, but the legal community must examinethis question. Papillion was sent to Devil's Islandforstealing a loaf of bread to feed his hungry family. Justice? Back to Florida. As the recent legislative battles showed, Florida is still a state wherein women have reproductive freedom. Pamela Forney wanted to exercise this freedom by having an abortion before she went to jail. She decided that under her present circumstances, having a baby was a bad idea. Unfortunately, Ms. Forney's judge is the kind of man who puts the rights of an undeveloped human being before the rights of a fully developed, walking, talking woman. Go ahead, he said, carry your baby for seven more months and then give it away. Whatsa matter, you don't like the idea of giving your child away foradoption?Too bad, for I'd rather see you give birth and lose the baby, ratherthan have an abortion. I know what's best. Judge Rasmussen can go to hell. A single, partiallyemployedwomanisabout to go to jail for two months. This time lag can make the difference between a safe abortion and a risky abortion. What difference would an extra ten days make as far as Ms. Forney'ssuffering her punishment? None! The judge is compounding her punishment by forcing her to give birth against her will. As withtheAlaniz case, he is adding punishment to punishment. Mercy does not enter into the equation. As future lawyers, and maybe future judges, it is our responsibility to see that justice is done. Just because someone commits Crime A, it does not mean that they must suffer Punishment B. Laws are words made of ink and stamped onto paper. Humans are much more complex. It is essential to keep in mind theflesh and blood subjects of the cases we read, and to consider our own weaknesses. It is also essential that we do not wield our newfound power with an ironfist. Unless mercy is factored into our work, there will be injustice, and that is, of course, intolerable. SASUBoasts Many Achievements In the nearfutureSUNY Buffalo law students will hold a referendum on whether to join SASU, the Student Association of the State University of New York. SASU is a statewide advocacy organization promoting the interests of SUN V students at SUNY Central Administration, the Legislature, the Governor's office and other statewide decision-making bodies. by Troy Oechsner SASU promotes low cost, high quality, fully accessible education at SUNY and increased student participation in university decision-making at all levels. In short, SASU stands for low tuition, affirmative action, and student power. According to Julian Marley, President of the United States Student Association, "SASU is the nation's largest, most effective state-wide student association." SASU is a non-profit, non-partisan organization run entirely by SUNYstudents. The organization is funded by student activity fees from member campuses. Each member campus elects delegates who determine SASU policy and elect a Board of Directors and officers to carry but those policies. SASU boasts numerous achievements since its creation in 1970. By monitoring the state legislature and SUNY Central, SASU has effectively represented student views in position papers, testimony and personal contact. By coordinating lobbying, letter-writing, publicity and other grassroots activity, SASU has won many victories. For example, SASU was instrumental in overturning proposed tuition increases every year since 1984. Last year, SASU overcame tremendous opposition to regain restorations to SUNY and avoid an impending tuition increase. SASU has also successfully fought to maintain and expand financial aid programs. For example, attempts in the early 1980's to limit or eliminate the Tuition Assistance Program (TAP), which many law students receive, were stopped due largely to SASU's actions. Other SASU victories include: pressuring SUNY Central to divest from South Africa, protecting student control over student activity fees, a lawsuit to permit students to vote in their college communities, and implementing women's safety programs on many campuses. Currently SASU is working on campaigns to overcome race, gender and sexual orientation bias and bias-related violence which has increased on most SUNY campuses. SASU is providing contacts at the SUNY Board of Trustees, legislature, and Governor's office to help the UB law school's campaign to end the Career Development Office's support for employment discrimination. The SASU central office is located in the state capital where student officers oversee a full time staff of campus organizers, legislative and communications departments. The communications department provides a network for campus press and expresses SUNY student views to the media and general public. The legislative department is in constant contact with the Governor's office and members of the state legislature assuring that our government officials are aware of the students' concerns. The organizing department develops and coordinates unified grassroots action among member campuses. There are three institutionalized caucuses within SASU: The People of Color caucus, the Lesbian/Gay/Bisexual caucus, and the Women's caucus. These caucuses ensure diverse representation within the organization and develop programs for their empowering constituencies throughout SUNY. There are four full-time student officers who run SASU on a day-to-day basis. The SASA President is the sole student on the SUNY Board of Trustees and is primarily in charge of the organization. The Executive Vice-President oversees staff and central officefinances. The two Vice-Presidents for Campus Affairs coordinate Campus activities. The Student Bar Association has voted to hold a referendum in November. The referendum will read: "ShouldSUNY Buffalo School of Law fund SASU at $2.00 per student per semester which will be added to the student mandatory fee to be voted upon every three years?" If you would like more information on SASU, please stop by the SBA office in O'Brian or the SASU office in Talbert Hall. November 8, 1989 The Opinion - 9 �The Stanley H. Kaplan Educational Center of Buffalo is proud to announce that William Hair has been awarded BAR Ren of the Month for Oct 89. Bill had his best sales month ever, earned a free course, and is now working toward a second free course! The KAPLAN-SMH Multistate Videos are HERE! Start studying for February whenever you're ready! 10 The Opinion November 8, 1989 Nov 18th is TOO LATE! Kaplan-SMH fall discounts for 2nd and 3rd year students are in effect until NOVEMBER 17. With a $50 registration deposit you get: •$125 to $175 off our full course prices •SMH Law School Summaries 11, a concise review of the black letter law for standard 2nd and 3rd year courses Exciting things are beginning to happen in BAR Review. Watch what those BAR Reps from Kaplan-SMH are up to these days. Look for lots of great giveaways. Look for Pizza Bashes. Look for Speakers! Look for Special Video Reviews on lots of topics! Just LOOK! �LALSA 14th Annual Conference Held in Washington, DC The Hispanic National Bar Association held its 14th Annual Convention in Washington, D.C. from October 18-21,1989.The Convention attracted attorneys and law students from across the country. Representing SUNY Buffalo were LALSA President, Joseline Pena (2L) and Wendy Silva (2L). by Wendy Silva As MarkGallegos, President oftheHNßA emphatically stated, "Hispanic attorneys are one of America's greatest untapped resources." Th is year's theme "Las N uevas Brisas" (The New Breezes) reassesses that statement through the HNBA's effort at uniting attorneys who will represent the voices and concerns of the Hispanic community in the U.S., as well as improving relations with Mexico and Central and South America. The nation's capital, as the site of this year's convention, provided an excellent opportunity for "networking" and open- ing up communications with DC policy makers. For example, there was an array of speakers from government and public agencies and the private sector who conducted Continuing Legal Education seminars in Criminal Law, Family Law, Immigration Policy and Practice, Personal Injury andTax Exempt Organizations, among others. Law students with backgrounds from Mexico, Cuba, Puerto Rico, theDominican Republic, Nicaragua, El Salvador, Columbia and a full diversity of other Hispanic Americans also gathered to elect the Law Student Divisions National Officers and Regional Presidents. SUNY Buffalo is part of Region I, along with other law schools from NY, NH, ME, MA, CT, Rljand VT. The goal of each region is to establish and maintain contact with other Hispanic student organizations and update one another on planned activities. A main concern for all regions is to recruit qualified Hispanic law professors. Efforts must be aimed, however, at in- Students Boycott Anti-LaborFirms Over 75 law students have signed a petition pledging not to work for firms condemned by the AFL-CIO for their unfair labor practices. The petition drive is part of a Labor Law Society educational campaign to inform students and faculty about law firms accused of engaging in "union busting." According to Toni Delmonte, a member of theLabor Law Society, the purpose of the campaign is to educate law students about the activities and techniques of law firms accused of union busting, to urge students to boycott recruiters from these firms, to educate law school faculty and students about these employers and to pressure the firms to cease their activities. by Ted Baecher Staff Writer "Law students should be aware of the damage these firms do before accepting job offers," said Delmonte, "These firms damage not only employees, familes and the community, but also the productivity and profits of the employers they claim to serve." The inspiration for this campaign comes from a similar campaign at HarvardLaw School, which, in 1986,collected over 200 signatures of law students who vowed not to work for certain law labor firms. The Harvard campaign continues with hundreds of students signing the petition as of the beginning of the fall semester, 1989. Firms are targeted on the basis of monitoring conducted by the AFL-ClO's Department of Organization and Field Services, and then distributed to Frontlash, the AFL-ClO's student organization, which is organizing a nationwide boycott campaign. This information, which includes records of management abuses during union campaigns, is then forwarded to interested student organizations. The lawfirms cited by Frontlash are accused of engaging in unfair labor practices ranging from the training of supervisors in anti-union strategy, delivering or preparing "captive audience" speeches bombarding employees with literature. In a New York Times article of October 23, 1986, the law firms targeted by students at Harvard Law School denied the charges. Gerald D. Skoning of Seyfarth, Shaw, Fairweather & Geralson (Chicago), one of the targeted firms, said, "It's a totally baseless charge. In fact, we enjoy an excellent reputation in the labor relations community nationwide." In addition to engaging in unfair labor practices, many of the targeted firms encourage management to violate the spirit of the National Labor Relations Act, according to Toni Delmonte. Section 8(a)(2) of the Act, for example, prohibits employers from interfering, restraining or coercing employees in the exercise of self-organization. The tactics encouraged by these firms, said Ms. Delmonte, make it "extremely difficult for workers to exercise an uncoerced decision on unionization." Some of the firms targeted by the AFLCIO and the Labor Law Society are Jackson, Lewis, Schnitzler & Krupman (N.Y.); Littler, Mendelson, Fastiff & Tichy (San Francisco); Venable, Baetje, Howard & Civiletti (Baltimore); Myerson & Kuhn (Philadelphia); and Vedder, Price, Kauffman & Kambolz (Chicago). creasing the overall numbers of professors, rather than shifting them from one school to another. At present, across the nation, there are 50 Hispanic law professors and only one Hispanic dean. •Another imminent concern is the Hispanic highschool drop out rate, which has been deemed a "national tragedy." One speaker admonished the government, by saying thatactions would immediately be taken if the highschool drop out rate for middle and upperclass whites were as high. I found that statement, although unfortunate, to be most true. Indeed, there have been attempts at decreasing the drop out rate among Hispanics, yet the problem remains at an all time high. Illustrative of our slow progress is one speaker's recollection of an issue of Time magazine entitled "The 80's The Decade of Hispanics." He recalled, "The 1980's - OB Law were expected to be a decade of prosperity and hope for Hispanics. Many of the dreams of the Hispanic people were to be realized in education, employment, housing and criminal justice.A decade of promise for Hispanics has about come to an end and we as "Hispanics" did not fulfill our hopes, nor realize our dreams." This may ring true for many Hispanics whofind that they or their parents are in the same or worse position than they were some years ago. However, as future attorneys, we should look back at the 1980's in the realization that it is part of our duty, if not obligation, to see that the 1990's provide for a more positive outlook. If the turnout at this year's convention is any indication of the talent and knowledge of Hispanic attorneys, united then, our nation's capital cannot ignore the voice of the Hispanic community. School LOAN REPAYMENT ASSISTANCE PROGRAM Task Force A project of the Buffalo Public Interest Law Program UB LAW STUDENTS SUPPORT ESTABLISHMENT OF LOAN REPAYMENT ASSISTANCE PROGRAM Loan Repayment Assistance Programs assist law school graduates pursuing low-paying public interest positions in re-paying their loans. Public Interest practice has become virtually inaccessible to starting attorneys struggling to pay off staggering educational debts. Ayi /"\.ll , &ss@ Currently, 20 law schools and the state of Maryland have implemented LRAPs. LRAPs at other law schools are funded from a variety of sources including: alumni donations, local bar assoc.,university endowments, D A P q f vJ 13 *? <XV i ijiVrir | S^^.^" ' "* p*"' 18 6 * STRONG SUPPORT 80% of students responding to a recent survey support the establishment of LRAP at UB * MAJOR COMMITMENT TO PUBLIC SERVICE 78% of respondents are seriously considering a Public Interest career. * DEBT WILL BE A FACTOR IN CAREER CHOICE 89% say that debt burden will affect choice of jobs after law school. * MAJORITY OF STUDENTS TO HAVE HIGH DEBT 51% in survey estimate their post-graduation debt to be over $20,000. Eligibility requirements for LRAPS around the country vary in the types of jobs and income levels that are covered by the program. Examples of public interest jobs tht have been recognized by LRAPs include: Environmental, Consumer and Civil Rights organizations, Legal Aid and Legal Services offices, and some government positions. YOU CAH HELP SHAPE Uo*s LRAPII ROOM 509 O'BRIAN CONTACT BPILP's LRAP TASK FORCE Phone: 636-2900 The Opinion is reprinting this information as a public service. from page Plastic by the Buffalo City Council, that will mirror some of the Newark legislation and get this garbage out of our environment once and for all." Among the representatives of plastic legislation was Stephen Pigeon who, credited with proposing various plastic bans to the legislature, voiced the frustration involved in the process. "We've had meetings, we've had compromises, we've had proposals, and really what we've had is nothing. It's time we ask the county legislators to vote up or down [to show] where they [stand] in protecting our environment." A short instructional oration was given by anti-plastic activist Tony Luppino in an effort to explain some of the basic effects of plastic production and the volume of our landfills presently occupied by this toxin-producing commodity. "We have to act as a public opinion mobilizing force to counter the food industry's public opinion mobilization. I think we've had an effect already, but we have to watch how things unfold." Luppino downplayed the positive aspects of Bells Supermarket's attempt to s>s@@aaE2@ place natural and biodegradable products upon their shelves. Specific products include toilet paper made from recycled paper, natural peanut butter, and 90% biodegradable plastics. Luppino pointed to the biodegradable plastic bags which could produce inhalable plastic dust presenting a greater health hazard via the atmosphere than a plastic bag sitting in the mud of an overloaded landfill. There were no representatives at the rally from the petrochemical corporations or the food industrieswhich produce and employ plastics in abundance. During Luppino's discourse on the dangers of plastic the "major" media left the area. The effect was not lost on the crowd, which turned the obvious snub into an issue ofresolve. Councilman David Rutecki put thesentiment of the crowd into words: "While Tony was talking about the real effects of plastic, we lost the press. The media isn't going to cover this battle, this battle is going to have to be fought on the political front. "In the legislature we've come up with a good compromise telling the legislature if you say it's recycleable, prove it to us and recycle it, and we won't ban [plastics]. Unless you do that we're going to ban [plastics]. It puts a lot of pressure on the industry to back up whattheirclaims have been over the past 18 months. So we're ready to move and now it's a question of going out and getting votes." 1 cerning the "Ban Plastic Legislation." Regarding the emergence of the "biodegradable" plastic bag Charlie Keil, Professor ofAmerican Studies and Ethnomusicologist at SUNY Buffalo, remarked "it's disgusting the way these companies can co-opt symbols of hope and turn them into commerce." Keil led the Musics of the World band in a variety of original chants and songs including the catchy "Ban Plastics Now: Why Fill the World With Plastic?", and the meditative "Ithinktherefore I recycle." All the speakers stressed the importance of active public support in the forms of small letter writing campaigns, postcards, and telephone calls to county legislatures. One of the sights to be expected on the U.B. campus is a table with petitions con- Martin Coleman, a third year student at SUNY Law, was one of the organizing members of the plastics rally. Coleman emphasized the importance of the necessary role of the media to present the issue to the public. Coleman agreed with Luppino on the importance of public mobilization as the only way to "effect change in the face of the plastocrats." Several U.B. Law students attended the rally and more at the campus have expressed concern over plastic proliferation. According to first year law student John Chiappinelli, "it's a vital issue and one we can't ignore any longer." November 8, 1989 The Opinion 11 �Citizens Group Criticizes War On Drugs As Irresponsible Citizens for A Responsible Drug Policy (CRDP), a recently formed campus group, has formulated a statement of principles. They will use this statement to educate people concerning our Country's drug problems and the threats to civil liberties and democratic governance that are generated by the National government's policies regarding drug use. Citizens for A Responsible Drug Policy is not adopting a pro or anti drug policy, Instead, they are opposing the policies currently being used by the government in the war on drugs. They believe that the policies are based on incorrect information and are increasing both the health and safety risks of specific drugs and the erosion of civil liberties generated by enforcement of drug laws. CRDP believes that drug problems exist which need serious attention but are not being effectively addressed by the current war on drugs. This group states that the public has not been adequately informed about the health effects of specific drugs and believe that illicit drug use is "causing a plague of death." Yet only about 3,500 Americans actually die annually from the effects of illegal drugs while over 500,000 Americans die each year from tobacco and alcohol use. CRDP's statement explains that the drugs included under the heading of "illicit drugs" are quite differentand involve different levels of hazard. Policies directed toward control should be based on accurate information concerning the health effects. CRDP's statement asserts that before the government attempts to prohibit the use of a particular substance, it must prove a substantial interest in protecting the public's health that cannot be achieved in a less restrictive way. CRDP opposes President Bush's goal of eradicating all illegal drug use. The group believes that if this type of policy were pursued, a far greater harm would result than is currently present from all types of illegal drug use. CRDP supports the decriminalization or legalization of marijuana based on a combination of the Alaskan, Dutch and Spanish models. Extensive testing over the last forty years has revealed that marijuana is much safer and less addictive than tobacco or alcohol. CRDP believes that legalization would help to keep young people from turning to more dangerous drugs. In the first ten years after marijuana was legalized in Holland, consumption of pot increased slightly while heroin use drastically declined among people between age 15 and 25. It is also often stated that the increased enforcement of marijuana laws coupled with the creation of temporary shortages of availability, and the role of organized crime in the distribution of pot have been mostly responsible for the emergence of the use of crack in the inner cities. CRDP's statement also argues that marijuana laws over the past fifty years have been the result of prejudice first against Mexican-Americans and blacks and against the 1960's counterculture. CRDP maintains that extensive criminalization of recreational drug use and increased enforcement has produced negative side effects. Increased crime and violence have become associated with drugs as they did with alcohol in the 19205. Prohibition increases the harm to drug users since there is no quality control of a product obtained from criminal sources. Although CRDP believes that criminal laws will be necessary to control distribution, the group believes that "medicalization" alternatives are worth seriously exploring. CRDP emphasizes that truthful, balanced drug education involving free and open debate among individuals and/or groups with divergent opinions should — exist. CRDP proposes that in all state* sponsored drug education for citizens over age 12 (either in school or through the media), there should be opportunity for responsible opposing viewpoints to be expressed. CRDP defines responsible as "truthful information delivered in a manner that does not show wanton disregard for the serious health risks posed by certain forms of drug use or by excessive use of any kind." CRDP encourages employers to restrict urine testing to situations in which inadequate performance or truancy establishes probable cause. Excessive testing may encourage employees to shift to drugs such as LSD which is undetectable in a urine test. CRDP believes that access to counseling and treatment programs should be viewed as a personal right as 12 Funding should be made available so that preventive and remedial programs can be expanded. People should not be unfairly blacklisted because of previous drug use. CRDP is concerned about the impact of laws such as the Anti-Drug Abuse Amendments Act of 1988 which can cut off student loans and impose fines of up to $10,000 for the possession of even a small amount of pot. Certain university administrations (e.g. Boston University) have expressed an intention not to cooperate. CRDP believes that because of the unjust nature of the Anti-Drug Abuse Amendments Act that university administrations should be encouraged to follow their example. African Scholar To Speak At School Human rights in Africa will be the subject when Ibrahim Gassama, an expert on contemporary African political and legal issues, speaks at the University of Buffalo Law School underthe sponsorship of the Mitchell Lecture Committee. by Ilene Fleischmann On Thursday, Nov. 16, from 5 p.m. to 6:30 p.m., he will speak on South Africa and Namibia in Room 108 in John Lord O'Brian Hall, Amherst campus. On Friday, Nov. 17, he will make a presentation on Sub-Saharan Africa in Room 210. Both talks are free and open to the public. Gassama will address such isssues as: What is really happening in southern Africa? Does F.W. deKlerk represent significant change? Has peace finally come to Angola? What about human rights in subSahara Africa? What are the human rights efforts of post-colonial governments? And what should concerned Americans Animals aboutbeingan "elephantgorilla," orwhen ones who most require the capacity for Michael, now a captive gorilla, sadly deconscious thought, since they are least scribes how "bad men came and hit his able to contain the complex genetic matemother on the head so that blood aprial necessary to sustain a largely autopeared," then the syntax debate begins to matic response system. Thus the complex look like nothing more than defensive lives of insects have taken on new signifiacademic quibbling. cance. Oneof the most successful animals While displays of formal linguistic skill in the world, for example, isthe leaf-cutter have compelled us to reconsider assumpant, who performs a wide variety of tasks, tions about animal capacity, there is a including the tending of fungus gardens, sense in which these grammar/syntax/ while another type of ant is known to concept debates are simply beside the "farm" other insect species, feeding, propoint. People have, forthousandsof years, tecting, and even building shelters for its entered into complex relationships with domesticatedlivestock. So too, the honeyanimals, despite the absence of symbols bee's "waggle dance" has been called the and alphabets. The storiessuccessful train"second most complex language we ers tell of their horses and dogs have a know," involving a highly stylized map of moral dimensiontotally missing in behavlandmarks, direction, solar position, and iorist accounts. Implicit and explicit in the information about the relative desirability trainers' language is the notion that their of located substances. animals have not only intelligence, but a Meanwhile, researchers studying complex and delicate capacity for moral mammals with highly developed social understanding. When trainers start with structures are starting to write in a manner the assumption that animals can have a more reminiscent of sensitive cultural responsible relationship with humans, and anthropology, again destabilizing our priviwhen they insist through discipline that leged position as bearers of "culture." theanimals act accordingly, they can elicit Their studies have brought about such a an extraordinary degree of responsiveblurring of disciplinary borderlines that ness, and what can rightly be called integbooks about baboons, chimps, and gorilrity. (Behaviorists, in contrast, make lousy las are often shelved in the anthropology trainers.) This reciprocal trust and shared section of bookstores. The pioneer resense of moral responsibility may constisearchers, of course, were Jane Goodall tute the real meaning of "language" beand Dian Fossey; yet in some sense their tween humans and animals. chimps and gorillas were theeasier cases, While our growing awareness ofanimal animals known to be evolutionarily simicommunicative skill serves to dislodge us lartous,to be mysteriously "us" and "not from hierarchical complacency, we perus" at the same time, so thatthe complexsist in measuring animals by their disity of their social lives was not altogether tance from our still-universalized criteria surprising. of competence and moral superiority. Those of us who are willing to look are Much more destabilizing are studies that now finding culture in the lives of our are starting to show the rich depth of more distant cousins in the animal world. animal life in the wild. There are, it turns Elephants, for example, communicate in out, animal societies all around us about ways we are onlystarting to comprehend— which we know almost nothing. Animals not just through touching and audible can be conscious and communicative in trumpeting, but also through infrasonic their own way, not ours; they can have (low-frequency) calls that carry vast discultures of their own, ratherthan just learntances, and by way of pheromones and ing to participate in our culture. vomeronasal organs, a type of perception In one of the great flip-arounds in the for which we have no descriptive word history of science, it is now argued that even though it is characteristic of many animals with the smallest brains are the animal species. The Opinion November 8, 1989 opposed to a scarce privilege or state imposed punishment. Voluntary participation should be promoted. do about U.S. policy towards Africa? Gassama, a native of the West African country of Sierre Leone, graduated from Harvard Law School in 1984. He is a key staff member of TransAfrica, a Washington-based lobbying organization concerned with African and Caribbean policy. He was formerly editor ofTransAfrica Forum and ofTransAfrica's quarterly scholarly journal. He is presently senior advisor and speech-writer for Randall Robinson, TransAfrica's executive director. DEADLINE The deadline for the next issue of The Opinion is November 13th. Place submissions in Box 59 or Box 60. This is the last issue of the semester. continued from page 5 Elephants have a complex social structure, with female-bonded groups at the center and a multi-tiered network of relationships radiating out from them, encompassing the whole population of an area. Ritualized greeting ceremonies express and cement bonds, and vary depending on relationship and length of separation. If a close family group is separated and then reunited, the greetings will be intense and excited—the elephants will run together, rumble, trumpet, scream, click tusks together, entwine trunks, flap ears, urinate, and defecate. There is no single uniform "elephant": a matriarch who is irritable and tends to go off on her own is unlikely to maintain a closely knit group, but when bonding is close, family affection is intense. Consider the following report by Cynthia Moss, describing what happened when poachers shot Tina, a member of an elephant group Moss had been studying: The other elephants crowded around, reaching for her. Her knees started to buckle and she began to go down, but Teresia got on one side of her and Trista on the other and they both leaned in and held her up. [Soon, however,] blood gushed from her mouth and with a shudder she died. Teresia and Trista became frantic and knelt down and tried to lift her up and Tallulah even went off and collected a trunkful of grass and tried to stuff it into her mouth. Finally, Teresia straining with all her strength began to lift her.When she got to a standing position with the full weight of Tina's head and front quarters on her tusks, there was a sharp cracking sound and Teresia droppedthe carcass as her right tusk fell to the ground. She had broken it a few inches from the lip well into the nerve cavity.... They gave up then but did not leave. They stood around Tina's carcass, touching it gently with their trunks and feet. Because it was rocky and the ground was wet, there was no loose dirt; but they tried to dig into it with their feet and trunks and when they managed to get a little earth up .. .. . . they sprinkled it over the body. Trista, Tia, and some of the others went off and broke branchesfrom the surrounding low bushes and broughtthem back and placed them on the carcass. They remained very alert to the sounds around them and kept smelling to the west, but they would not leave Tina. By nightfall they had nearly buried her with branches and earth. They then stood vigil over her for most of the night and only as dawn was approaching did they reluctantly begin to walk away, heading back toward the safety of the park. Teresia was the last to leave. The others had crossed to the ridge and stopped and rumbled gently. Teresia stood facing them with her back to her daughter. She reached behind her and gently felt the carcass with her hind foot repeatedly. The others rumbled again and very slowly, touching the tip of her trunk to her broken tusk, Teresia moved off to join them. To see such animals as a "different culture" seems directly in accord with the similar deprivileging move going on in contemporary anthropology. Traditionally anthropologists shied away from an emphasis on cultural particularity, fearing excessive contextuality, cultural relativism, and the absence of fixed boundaries. They chose instead to take refuge in analytic categories ("bloodless universals"), such as religion, marriage, property, or trade, which were explicitly or implicitly applied with reference to Western norms. More recently, anthropologists have been recognizing that culture is local, plastic, and utterly particular, best understood not through abstract analytic constructs but through a process thatClifford Geertz calls "thick description." This approach necessarily leads to the rejection of standard hierarchical orderings: for example, Western "civilized culture" contrasted with "primitive culture." Thus recovery of context has a leveling effect. It means that we are all "natives" now; the world must be seen as a place where, in the words of Michael Ignatieff, "difference has its home." �AN TCHROES ATION The Project provides legal advice, referrals to medical and counseling services, and monitors and investigates cases of police brutality and racial violence. University of California, Davis School of Law Over a hundred students signed a letter to the dean protesting the studentrecords Law School News Briefs New York University Law School The Commentator reports that: "NYU's minority population has remained consistent in the 15-19 percent range. The application pool growing most rapidly is the Asian pool. Of the 7,800 completed applications for this year's entering class, 482 were from Black students, 260 Latino, and 369 Asian. Enrolled are about 22 Black, 20 Asian and 20 Latino students in a class of approximately 400." *** An NYU graduate is heading a recently formed nonprofit civil rights organization designed to address the escalation in racially motivated violence against Latinos. The Latino Rights Project's founders emphasized that one of their important missions is "to increase the awareness of the frequency of racially motivated violence and to decrease such incidents." policy. Law School faculty are provided with a report ranking all students by GPA, biographies of each student culled from facts in student admission files, and given access to any student's admission file including the application, personal statement and the letters of recommendation. Faculty members were asked to justify the need to rank students by GPA. One answer was: "I need the GPA because when a studentasks a question and I know the student is at the bottom of the class I spend more time answering the question. If, on the other hand, the student is at the top of the class, I don't have to spend time on them. They will get it by themselves." Another faculty member responded: "I need the GPA because when a student asks a question, and I know the student is in thebottom of the class, I know that most everybody else gets it. I don't have to spend class time on this question for the few studentswho are falling behind. If, on theother hand, the student is at the top of the class, I know that many students need help getting this." The University of Pennsylvania Law School Problems have been created by the fact that the class of 1992 is 64 students above the target size of 225. The largest class in Perm Law's history is straining facilities, staff and student life. Concerns remain about the student/faculty ratio and overcrowding in the library. An additional problem was that the Legal writing program was forced to quickly enlist additional instructors. One less desperate problem caused by the large class is what to do with the $800,000 tuition windfall. Library Staff Responds To Suggestions and Complaints, Redux . The Suggestion: Better lighting in the third floor study areas (tables and carrels). The Response: Recently, stack lighting was added to the book stack extensions that were installed over the summer on the third floor. The electricians tell us that the only way to further improve lighting at the study tables is to suspend fluorescent lights on four foot "stems" from the ceiling. As we ponder the aesthetic effect of that kind of "factory-style" lighting we have asked the University lighting specialists to assess the fluorescent lighting in the closed carrels and study desks and tables against current lighting standards. Their assessment will help us in responding to your request for better lighting at those study stations. The Suggestion: Clocks are not set to same or always correcttime confusing. The Response: Our six clocks are controlled by a central clock system elsewhere on campus. As I write this response, only one of the six shows the correct time. When these system clocks go out of synchronization, which happens frequently, it can take several days for a repairman to arrive and adjust them. Often, the adjustments don't "take." For example, on September 27, twenty minutes after the repairman left after adjusting the clock over the Circulation desk (which had been 8 minutes slow) it was one hour fast and so was the clock in the second floor reading room, which also had just been adjusted. This is very frustrating, to say the least. We have asked for an assessment of the situation by the University clock specialists; a fuller response will be forthcoming when we have more facts available to us. The clocks are no September 29 longer on the central system —just electrically run. We hope that this will result in consistent and accurate readings on those clocks. — — — The Suggestion: Whenever someone looks for a newspaper it's virtually impossible to find it because it's dismembered and scattered throughout the library. Perhaps the library could use newspaper "sticks" like other libraries use to keep the paper together. (There were two suggestions recommending this treatment for newspapers.) The Response: We will have the New York Times, Wall Street Journal, and Buffalo News mounted on newspaper sticks as soon as the newspaper rack can be moved from the Faculty Library to the main floor. The Suggestion: Please put large bold red signs as one leaves copy rooms saying "Have you forgotten your copy card?" The Response: The signs have been installed. We hope they will help remind people not to leave their Vendacards in the copy machines. As a point of information, when signed Vendacards are mislaid and later turned in, we leave a note in the owners' mailboxes informing them that the cards may be retrieved from Iris in 208 O'Brian. So, people should sign their The Complaint: The Law Library needs especially in the evening hours for us hard-working, dedicated students who require silence when we study and no place else on campus is as quiet! Why can't the library remain open (minus reference services) until midnight or 1 a.m.?? The Response: Your concern about the need to lengthen Law Library hours is shared by other students. In fact, a first year law student shortly will be conducting a survey of the law student body on the subject of library hours. There is no question that our Law Library doesn't compare favorably with other law school libraries when it comes to hours. Our schedule (90 hours per week) is 12 hours shorter than the national average of 102 hours per week and 8 hours shorter than the New York State average of 98 hours per week. These figures are from the American Bar Association's annual statistical survey of law school libraries. There are three major considerations involved in extending library hours. One external 1. The Campus Buses limitation on library hours is the campus bus system. The last bus leaves the spine at about 12:20 a.m. on weeknights. The student assistants who close up the library must spend about 15 minutes securing the six floors of the library and picking up books left about on tables and in copy rooms. Since some of our student assistants rely on the bus system, about the latest that the library could close would be 11:45 p.m. 2. Funding —If we were to extend the library hours by eight hours per week, we would require about $3,000 per fiscal year in addition to present funds. As you may be aware from other "Responses" in this Suggestion book, the level of present funding is such that we had to cut 20 hours per week from the A-V Department's schedule to avoid a cut in regular library hours. 3. Staffing It is difficult to find student assistants who are willing to work late at night; after all, they also have to prepare for and attend morning classes. We are awaiting the results of the student survey on library hours, and we will do what we can with the resources at our command to be responsive to the student body on this issue. to be open longer — — — The Complaint: The A-V Center is closed, with no explanation, during hours when it is supposed to be open. The Response: TheFall semester A-V Department hours are: Mon. Thurs. 9 9 9- 5 Friday & Saturday Sunday Closed - - Unfortunately, this schedule of hours is 20 hours per week shorter than in previous years due to budget constraints. If you would be specific aboutthedates and times when you found the A-V Department closed during the above hours, we would be better able to find out what went wrong and why. .. TAie Complaint: The paper doors on the photocopiers should be left unlocked so that students may replace empty paper trays themselves saving both the librarians and studentshours in waiting time while the copiers are empty. The Response: We regret that we cannot leave the paper supply doors on the photocopiers unlocked. We did for one brief period leave a small supply of paper unlocked in an effort to speed up photo- copier restocking. Unfortunately, a lot of the paper was stolen, presumably for typ- ing and scrap paper use. So, the remedy when a copier runs out of paper is to notify the desk attendant at the Circulation/Reserve desk. You should know that it is our policy to check and restock the photocopiers just before the busy morning and evening use periods every day. The Complaint: The paper cutters badly need sharpening. The Response: We found that the paper cutters in the two second floor copy rooms each cut 10 sheets of photocopyweight paper cleanly. Thicker packs of paper were not cut cleanly. If you experienced difficulty cutting fewer than 10 sheets at a time, please contact Ms. Reese in 205 O'Brian, and she will try to determine what the problem is. Reproductive Freedom bills restricting abortion. On October 11, each bill failed, on NBC's "Nightline," Martinez, fresh from defeat, stated that his bills were an attempt to "balance the rights between women and the unborn baby, and to give women the first five months to make a choice of what they wanted to do, in terms of whether they wanted to go to abortion or not, the rights of the baby would pick up after that point." Yet, the bills proposed special licensing standards for clinics, prohibitions against state employees and state centers being used for abortion. Statistics have shown that such restrictions not only prevent most women from obtaining an affordable abortion, they also reduce the access to the procedure. On October 12 for the first time since 1981, members of the House of Representatives reversed a long standing policy (the Hyde Amendment) and voted to providefunding for poor women for abortion in cases of incest and rape. On October 25, the House of Representatives failed to override Bush's veto of the bill easing abortion funding. A vote of 231-191 was 51 votes short of a 2/3rds majority needed to overturn the veto. On October 27, New York Governor, Mario Cuomo speaking before the State School Boards Association at the local Niagara Falls Convention Center announced that his budget will include funding for abortions for the poor, especially victims of rape and incest. He pointed out that while the "Bush Administration is willing to spend $160 billion to bail out the bankrupt savings and loan associations and throwing money at the rich by reducing capital gains tax, at the same time, the conservatives are keeping the lid on funding for education, child care and prevention of drug addiction." Cuomo called Bush's position on abortion for the poor "utterly irrational" and claimed that our country can reduce the 1.5 million abortions per year by helping young women prevent unwanted pregnancy through sex education. November 8, from page 4 On October 24, the Pennsylvania House voted 143-58 to approve a set of far reaching abortion restrictions becoming the first legislative victory for abortion foes in the months since the U.S. Supreme Court gave the states the power to regulate the procedure. Key provisions in most cases would impose a 24 hour waiting period for those seeking abortions. Married women would be required to notify their husbands before aborting a fetus they conceived together and abortions after 24 weeks gestation would be banned. These measures are expected to easily clear the Pennsylvania Senate in November and signed into law by Governor Robert P. Casey. If enacted, the Pennsylvania measures could be a case in which the Supreme Court will be invited once again to overrule Roe vs. Wade. — ATTENTION ALL STUDENTS! Mandatory Student Fee Waiver Forms can be obtained outside the SBA Office (Rm. 101). Fee waivers will be given only for financial hardship reasons. Completed forms must be returned by Monday, November 20th, at 12:00 Noon in the SBA Office. THE PASSWORD: 1989 The Opinion 13 �Students Testify Before Committee on Mandatory Pro Bono Four UB Law students testified before the Committee to Improve the Availability of Legal Services on November 2, 1989 at Buffalo City Court. Chris Reo, President of the Student Bar Association, Kathleen Welch, of the Buffalo Public Interest Law Program (BPILP), Christopher Thomas, Graduate Assistant for Public Interest Careers, and Mark Schlechter, of the National Lawyers Guild spoke before Victor Marrero, Chairman of the Committee, as well as othercommittee members including Cyrus Vance, former head of the State Department in the Carter Administration who returned to private law practice in 1980. The hearings were sparsely attended. Various members of the Erie County Bar Association arrived and delivered their opposition to the mandatory pro bono requirement. Virtually, all members of the Erie County Bar were opposed to mandatory pro bono (with the exception of William Berry of Legal Aid Services). by Mary Clare Kane Staff Writer In an abrupt, but not unexpected change of pace, the UB Law School representatives applauded the Committee's effort and endorsed the mandatory pro bono proposal that requires admitted members of the Bar to work 20 hours of pro bono work per year. In addition to endorsing the mandatory pro bono, each group representative also presented concrete alternative vehicles for improving the availability of legal services to the poor. These included: the creation of a Loan Repayment Assistance Program (LRAP) which has been endorsed by virtually all active law student groups, the expansion of funding for summer internships at local legal services agencies and the establishment of internships and work-study positions with local pro bono attorneys and legal service agencies throughout the year. Cyrus Vance personally thanked Kathleen Welch and the UB Law students for providing alternative solutions to the legal needs crisis. Christopher Reo spoke first for UB Law School, stating that "[o]f the 88,000 practicing attorneys in New York State, only 432 provide full time legal services to the poor. At a time when government has neglected its obligation to provide adequate legal services funding, it is imperative that the legal profession pool its resources so that basic human needs can be met. Our role as officers of the court is one that should fill us with the desire to help those who are in desperate need of our services but are unable to afford them." Next, Kathleen Welch who spoke on behalf of BPILP said, "BPILP supports the mandatory pro bono proposal outline by your Committee as one way to begin to resolve the crisis in legal representation of economically and otherwise disadvantaged people. Any solution to the problem of legal servicesfor the poor must include elements designed to provide training and opportunities for practical public service experiences for law students. [W]e must train lawyers who will make a professional committment to full-time representation of the poor. This training should involve programs which help instill in [law students] the public service ethic." Christopher Thomas stated that the New York State Bar Association estimates that only 14% of the legal needs of the poor are currently being addressed. He urged "[T]he Erie County Bar Association, and the New York Bar Association to join [UB Law School] in seizing the opportunity to improve legal services to those who are without legal representation." He then presented a package of proposals which included LRAP, funding mech- AMERICA? THIS IS DARRYL by MCPHERSON wtTM DMUIH fl'rHEfiiON 14 The Opinion November 8, 1989 anisms for public interest internships and a pro bono clearinghouse managed by law students which would enable students to gain exposure to pro bono practice and which would expedite theprocessing of cases. Mark Schlechter, a member of the National Lawyers Guild, was the final UB Law Student speaker. He said, "[T]he terrible tragedy of poverty is one that continues to pervade our society. Vital legal services are denied to most poor people in New York State. Individuals are faced with losing their homes or are unjustly being denied health benefits and have no other recourse because they cannot afford to hire an attorney. Ithas always been assumed that in these situations [i.e., homelessness, unemployment, and the unavailability of health care] indigent people could rely upon the services of lawyers voluntarily doing public service work. Unfortunately, this is not the case. It is time that a firm and lasting committment be made to help solvethe problems of poverty... that a clear and unequivocal policy be stated and that each and every attorney in New York State must fulfill their [individual] obligation to the poor. Finally, it is time that we stop flaunting our principles and start acting on them." The Committee's last stop for hearings on mandatory pro bono is Rochester. They also held hearings in New York City and Albany. A final Report from the Committee is expected before the end of the year. Chris Thomas, Chris Reo, Kathleen Welch, Mark Schlechter �COMMENTARY Palestine-Israel Conflict Is Political, Not Religious While putting up posters in Capen Hall for a PBS produced film "Days of Rage" regarding Israeli treatment of the Palestinians in the occupied West Bank and Gaza, I was asked "From whose perspective is this movie?" "Days of Rage" has been labeled by pro-Israel activists as "Arab propaganda." Is it biased? Certainly, the conflict is very different when viewed from the eyes of the oppressed and the oppressors, as it is in El Salvador and South Africa. Yet we expect movies about El Salvador and South Africa to tell the story of the people who are being oppressed. It seems ridiculous that people concerned about human rights abuses would get excited about a movie telling the story of South African soldiers. by Mona Igram Is it Arab propaganda? "Days of Rage" tellsthe story of those who are being murdered, maimed and tortured in Palestine. In the past 22 months of the uprising there have been over 800 Palestinians killed, 15,000 permanently injured and 70,000 imprisoned. The bias in this story was not created by an Arab propaganda machine, but by Israeli soliders who shoot with guns and bullets paid for by the U.S.A. "Days of Rage," a movie which shows the brutality of the Israeli occupiers and the intransigence of Israeli settlers in the West Bank and Gaza, is a controversial film for one reason only. There has been a political climate in this country which has stifled any pro-Palestinian viewpoint and created a racism that is evident in the academic climate of university campuses across the country, including SUNY-Buffalo. Pro-Palestinian, in fact even Arab ac- tivism or presence has been unfairly equated with anti-semitism. This is a dangerous and racist equation perpetuated on the part of political supporters of Zionism in the U.S. It has become more than a political ideology, it has become a way of looking at whole people, and we feel theeffects of this racism daily. Last year, B'nai B'rith, an anti-discrimination committee respected by many Jews throughout the country, sent out a fundraising letter which presented a young, vulnerable student who "met this we got into a real guy on campus heavy conversation about Israel, the PLO, Judaismand my religious beliefs I got scared when I started to see his side of the issues." The letter equated this discussion with anti-semiticpropaganda and later went on to say tha#"The Arab presence on campus is poisoning the minds of our young people." The letter further stated "Join us in the fight against the forces that attack our Jewish heritage. With your help B'nai B'rith will continue to work against the cults, the antiSemitism, the Arab influence and the dissolution of Jewish tradition and culture." AIPAC, the American Israel Public Affairs Committee, publishes a book on Arab propaganda on university campuses (meaning organizations that work towards the recognition of Palestinian human rights). Independent organizations such as PBS are forced to defend commission of a documentary ("Days of Rage") that shows the Palestinian struggle for self-determination and human rights, and is forced to buffer the effect by an "objective" introduction and a panel of "experts" to discuss the film. ... ... (When is the last time you saw a pro-Israel piece buffered in the same way?) An editor at the University of Massachusetts daily newspaper wrote that the United Nations was "sickenly (sic) pro-Palestinian." Recently at the University of Michigan, the Michigan Daily was vandalized and a wall was painted with "PLODaily Jew haters will die." Shanties built on the University of Michigan campus listing the names of Palestinians who have died in the Intifada were burned (not torn down, but torched). So much for the free and open debate which is supposed to be fostered on university campuses. The political climate at the University of Buffalo is no different.The Palestinian Student Association had its budget cut by 30%, more than any other SA group, as its reward for winning last year's political activism award. A "Palestine Statehood Now" sticker was scratched out and replaced with Israeli Security, noting that "You (Palestinians) have nothing to lose." This statement may be true the Israeli's have taken everything already. Racist graffiti in the law school has included "Arabs are proof that niggers fuck camels" (here you have your choice of racist comments), "Arabs are a slimy, stinking smelly race of people" and finally "Arabs do not deserve human rights." It is this last comment, obviously phrased in the context of Palestinian struggles to end Israeli occupation and brutality, which illustrate the struggle in which Arab and American activists for Palestine are engaged. From B'nai B'rith's obviously racist fundraising appeal to physical attacks on college newspapers, this political climate has been cultivated — and accepted by far too many. There exists a climate of fear in the U.S. created by the pro-Israel political agenda which has permeated relations between Jews and Arabs in this country and created the myth that simply being Arab, and specifically Palestinian, poses some kind of a threat to Jews. This ideology has prevented Arabs from speaking out in favor of the Palestinian struggle for selfdetermination. The Intifada, as the Palestinian uprising movement is called, has given us back our voice in the U.S. We are angry that our voice was stifled in the first place. The perpetuation of the myth thatArabs are anti-semitic is a dangerous one. In fact Arabs are Semitic peoples, and Jews and Arabs share much of the same culture. The Palestine-Israel conflict is a political one, not religious and not cultural. Jews and Arabs lived harmoniously in Palestine for many years preceding the creation of Israel, and it will take a political solution for them to live harmoniously in the future. This solution includes the PLO, and this solution will be debated in the U.S. and every other country concerned with the beginning of a world where all peoples enjoy basic human rights. There are many people in this country who will not accept this politically-motivated definition of anti-semitism, including the many American Jews who have rejected the premise that the "Arab presence is poisoning the minds of our young people." This stereotype was not created by us, and it will not end through us. It is our job as Arabs to educate people that this stereotype is unfounded and racist. It is your job to listen. Deans Speak Out On Part-Time Employment The following letter was written by the deans of New YorkState law schools and sent to newspapers and law firms. As deans of law schools in New York State, we wish to express our shared concerns thatexcessive part-time work by law students during the academic year can detract significantly from students' law studies and reduce participation in important extracurricular programs. We urge you to join with us in adopting measures to discourage full-time studentsfrom investing too-much time during the academic year in work away from school. We recognize, of course, that part-time work for law firms, public interest groups, government offices and corporations can provide law students with resources necessary to meet law school expenses; nonetheless it is in the long-range interest of our students (and of their prospective employers) that they devote themselves as fully as possible to their education while they are in law school. The three years of law school are special, formative years in the life of young professionals. During those years, they learn the impact and the role of the law andlawyersinoursociety.lt is vital that, in these special years, they preserve time to contemplate the great issues theyencounter for the first time and to learn well the lessons they will carry for their professional lives. While the positive aspects of part-time work during the academic year should not be ignored, we all must take care that a proper balance is maintained between activities at Law school and activities away from Law school. Standard 305 of theAmerican Bar Association Standards for Approval for Law Schools indicates that full-time law studentsshould notengage in part-timework exceeding twenty hours per week. Some schools have adopted even more stringent standards. We ask that you, as an actual or potential employer of our students, recognize in your employment relationships with our students that law stu- dent employees have a primary need to meet their educational responsibilities. We hope you will join us in addressing what we believe is an important problem facing legal education. It is in the interests ofallconcernedthatwemeetthe situation. Martin H. Belsky, Dean Albany Law School Barbara Aronstein Black, Dean Columbia University School of Law Haywood Burns, Dean CUNY Law School at Queens John D. Feerick, Dean Fordham University School of Law David B. Filvaroff, Dean SUNY at Buffalo School of Law Howard A. Glickstein, Dean Touro College of Law Michael H. Hoeflich, Dean Syracuse University College of Law Beth Hoffman of 'Lawyers for Choice' addresses the crowd. Between four and five hundred Pro-Choice "die-hards" braved the cold rain to attend the "Stand Up for Choice" Rally in Lafayette Square on Saturday, October 21. For two hours, a crowd of umbrella-wielding activists surrounded a stage-ful of speakers ranging from doctors, to politicians to clergy. The "Ladies against Women" satire group gave a rollicking performance of several original songs. Twenty-six local organizations co-sponsored the event, which was run by the National Organization for Women. The Rally was a preliminary event to publicize the March on Washington on November 12 called "Mobilize for Women's Lives,'" also organized by national Organization for Women. Call 836-8440 or 633-7028 for more information. By Jane Schmieder Janet A.Johnson, Dean Pace University School ofLaw Russell K. Osgood, Dean Cornell Law School Monroe E. Price, Dean Yeshiva University Cardozo School ofLaw Stuart Rabinowitz, Dean Hofstra University School ofLaw Patrick Rohan, Dean St. John's University School of Law John E. Sexton, Dean New York University School of Law fciij r //, &it mA f/. • \ James F. Simon, Dean New York Law School David G. Trager, Dean Brooklyn Law School November 8, 1989 The Opinion 15 �Modesty prevents us from telling you how good BAR/BRI Is. Therefore... we've let BAR/BRI students do the talking. I was as prepared as I could have been. The exam BAR/BRI gave me structure that I needed for the bar. itself had no surprises. It was a living nightmare, but Looking back, I think I would be in tough situation ifI had to approach this on my own. I had a lot of BAR/BRI prepared me. If I have to do this again, I will take BAR/BRI again. friends who have been taking other courses and I've Albany Law School sort of compared what they're learning and what I'm learning and I think that BAR/BRI is doing a really What I like about the course is that it is really straight forward....ln addition to learning the law, you learn how to answer the questions on the exam and how to write a good essay and that's what really counts....l found the BAR/BRI personnel very helpful. I call the office all the time with questions and they have always Your course was worth the money. I couldn't imagine good job....The BAR/BRI personnel is very helpful. gotten back to me or answered the question being more prepared. If I didn't pass the fault in no immediately....l would highly recommend BAR/BRI for I've called Steve Rubin several times on the phone. way can be attributable to any misguidance on your He has always been available to answer questions. He anyone studying for the New York Bar.. part I also was very comforted by the feeling you all literally called me at 12 o'clock at night.Also, the NYU Law School conveyed that you're concerned and cared. It showed office people have been really helpful t00...J would that customer satisfaction is important to you and I I thought the lectures were thebest They're very dpfinitrly recommend BAR/BRI to anyone. . Columbia Law School am a satisfied customer! Thank you!! thorough. They give you all the information you need Albany Law School to know. That's what I like beat about BAR/BRI. • NYU Law School The lecturers were really terrific, I expected that lam very happy with the BAR/PRI program. I feel sitting in front ofaTV 3 hours a day would be that you provide an excellent program and I would unbearable, but for the most part they made italmost I would definitely recommend the course to friends. I highly recommend it to others. If I do not pass the think it's a good way to prepare for the bar. It does mn enjoyable experience. bar, it will not be because of a lack of effort on behalf Cornell Law School not put that much pressure on you. I followed the of the BAR/BRI personnel. Thank ydu for all your schedule. I found that during the course the schedule nel Plam completing this evaluation after the bar exam. I was not that difficult to keep up with. It still gave me Brooklyn Law School feel that BAR/BRI prepared me extremely well for the a lot of free time up until the last day ofclass. Preparation has not been that painful at all. exam, and I would certainly recommend your course. All in all, I was very satisfied with BAR/BRl...After CornellLaw School NYU Law School hearing what Pieper does to his students' poor hands, since m impressed operation very with the whole I'm truly glad I chose BAR/BRI. Variety is very good '» The program ■„ weU-organi2ed and set-up to "spoony°" really have a captive audience, I expected a lesser in the course of a summer. feed to audience. 3 yearB of level of professionalism and caring. I have friends in Brooklyn Law School Uw Khoo}< we>re ,]] tired and this is just what is other courses, some of whom are subjected to scare neo ded. I also appreciated all the "pep talks" and tactics and panic lectures. I appreciate the lack of the encouragement given throughout the lectures. 1 would I was generally satisfied with the lectures and very mmc at BAR/BRI. glad for all the written materials you gave us (the highly recommend your course, outlines and practice questions). In addition, I " Fordham Law School Pace Law School appreciated your obvious support and encouragement I was very pleased with what I was taught. The way ovenJJ very ntiAei with BAR/BRI would for us during this very stressful period. It was presented and the respect BAR/BRI shows its Brooklyn Law School recommend it to students in the future. Great job! students. A professional, warm and top notch job! Thanks' Thank you! Thank you for Essay #6 on the Bar. I was tired but p aca L-w school Fordham Law School when 1 saw the question, what an adrenal surge. I did " well in the bar but having done Easay #6 already and For the roost part I liked how they broke everything The materials »re very good. The most important knowing the model answer was a gift Thank you. down jnto to reraember bits ,nd pieces. It's not thing ut the <*>*"* °>ey *<ye you what's Brooklyn Law School nalx M „,„,„„!„_ „it was in law 5ch001....! would »^ important and what isn't So you can know what is recommend the course to my friends and 1 h.ve "kely to be on the test...The BAR/BRI people were egonea mA fmm what BAR/BRI was excellent It prepared me for the bar. Xaidng very helpful. They are very, very nice and very Hopefully, Ino longer need your services, but I would j them d much heti£T cooperative. I'm very pleased. do BAR/BRI again. I learned the Uw, not just p-c# school memorized mnemonics and for that I am grateful. " Fordham Law School Brooklyn Law School „ BAR/BRI was the best preparation for the bar exam. Tms u.wntten 7/31. I feUweU prepared for the The staff cared about the students. BAR/BRI eased questions on the exam. Where I was unsure I had no The most effective thing about the BAR/BRI course uaittv of the bar exam g,' was the frame work. It's pretty rigid...You know what P«>blem making something up....N0 doubt you heard School ]ast •■■■» the Jmort Identical to a practice you should be doing at all time....l seem more happy ™ question. Good show! with BAR/BRI than other people seem in other BAR/BRI is to be praised. No gimmicks they were GeorgetownLaw School wanes. not gurus. Merely stress hard work without falling off Brooklyn Law School the deep end. I would, and will give my stamp of «»«.'..•_»■-.» ioy y y one •pp"""1 to friendB taw rtudente •■* im taw **"**■ *• wh wiU U t n Th,u,k you for runnlß ■ ■"* daBß I was very impressed with BAR/BRI. The methods, j--v»h Cfhoni " "•rv ra L w scricol techniques and materials were all very helpful. Most operation. of all, I appreciated the way BAR/BRI made itself -St John's Law School ~„ «. ~ like the fact that they have been very realistic about I available to each member individually; to give your _.. 7~. * / V€,y "<* BAR/BM CoUrBe The ™ personal home phone numbers to thousands of people n c he fcrt ,ecturerß were ■» •*> Cresting. I took no was both -daring" and commendable. No matterwhat *"■* there B the results of my exam will be, I know I will «* •*» <«*' "■«««««» that the »*•> Coane I ve COU e ■"*• me demMte P™P««tion. recommend BAR/BRI to others. God Bless! ' essays...! think that my chances on passing are a lot st. John's Law School Buffalo Law School better with this course...l took BAR/BRI under recommendation and I would certainly recommend it I think BAR/BRI is a good course. It gives students I would recommend the course to others and don't to v ixen everything they have to kn0w...1 found BAR/BRI regret my choice. people to be very responsive. I found thatwhenever I ' Harvaf< L w School Buffalo Law School needed help, they were there to help me 0ut...1f I iol, ■""*««««»• «*] ting t ,i "&«* the course, I could always go to the tape BAR/BRI was great as far as giving me emotional f, York State and Multistate exams (and before NJ). I lecture. I could go to the office and just listen to the support and confidence in what I did know; (not to tell you that you all did a tapes. I found that to be very g00d....1 would definitely shaking my confidence because of what I didn't know, job and deserve much praise. Thank you! recommend BAR/BRI because it covers everything you like other bar candidates) .In addition, the good luck terrific Hofstra Law School have to know. letter made me feel good. Thanks. John's Law School " Cardozo Law School I thought BAR/BRI was outstanding in every way and 1 Mto P mme d I didn't find out what I liked about the course until r? w,d the*?B^/B l "\ IYou can be ' tost night when In. talking to one of my friends who •** P""" 1rf ytrar orû""*ation. was taking Pieper and even though he had all " New Yock L w School mnemonics d0wn...1 just found that he didn't have the grip on the substantive tow that I thought I did....1 , „ eon e BAR BRI h ed Uunk the lectures really lay everything out for you. ? experience a lot more bearable. I'm "*****< "?*•.' They give you enough of an overview that is required glad I took the course, to really be able to handle the essays. I would " NTU L w Schc ol definitely recommend the BAR/BRI course to a friend Cardozo Law Srhro! • - . - . - . - - - - . . - - - .... . . ** ***** . . . - . .. .. ~ - - - ** ." * -. " *" J."?r? ! e^"'* ■■«'•s''*• __ ' " "™ - ?£ *£ s™* " ** * * **? * .* < * BAR REVIEW 16 The Opinion November 8, 1989 - .. fP - - .. .. ... . .. . . . , £* M*° ?*? .If UT* *?» '"' l^ .> * '"* ** » ««»»« *** *** *!. J "*% £2*? " ! ST?* • ' °"w* * , _ . V £? *? - • _ • ... „,«.., - « ** . ° � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-11-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/8/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7effac5bc437a402e85c6ccd605939c4.pdf aa343369edd93c366c5ddf7dfeb3e6dd PDF Text Text THE OPINION Volume 30, No. 6 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 25, 1989 Faculty Report Highly Critical of President Sample Thefallout from theLaw Faculty's resolution regarding sexual preference as an equal employment opportunity standard for the Law School Career Development Office increased precipitously last week. University President Steven Sample came under heavy criticism when the "Report of Faculty Senate Special Committee on SUNY Law School Employer Recruiting Policy" was released at a meeting of the university wide Faculty Senate. By Bruce Brown News Editor The Report, which was issued by a subcommittee charged withthe responsibility to examinethe dispute, concluded that, on May 10, 1989, when the President suspended the Law School policy on em- Professor Solkoff ployer discrimination Dr. Sample acted with "disdain," "disrespect," and "indifference" to his professorial colleagues in the Law School. President Sample's actions, the report stated, "have largely ignored the legal/ moral reasoning of our Law School's position on discriminatory practices by third-person recruiters. This sends a message to students and faculty alike that the arguments presented by our Law a School are not to be taken seriously serious blow to the reputation of one of the better Law Schools in this country." Professor Solkoff, one of the three authors of the report, said in a statement before the Faculty Senate on Tuesday, October 17 that, after reviewing the arguments he felt that the Law Faculty's decision "was a legal one" and that Sample's — position "encouraged gay students to lie to remain in the closet." This, Solkoff felt, was "incongruous" with the President's professed claim that he is against discrimination on the basis of sexual orientation. The President's position, outlined in his statement of May 10, 1989, is that New York State's administrative policies banning discrimination on the basis of sexual orientation cannot be applied to third persons. Therefore, refusing employers, such asthe JudgeAdvocate General Corps, which have a legal policy of not hiring homosexual lawyers would be illegal, in that it forces third party compliance with internal standards intended to be binding on State practice only. It is the contention of the Law Faculty, the Report, and many of the University Faculty presentTuesdaythatalthough it is legal for the military to refuse employment on the ground of sexual preference, theCareer Development Office is under no legal obligation to assist in what the Law Faculty has concluded is a discriminatory hiring practice. The report statesthatthePresident does have the "authority to approve or rescind policies of all sorts on this campus" and that "decisions about the rules, policies and practices involved in the operation of the Law School Career Development office are undoubtedly among those which it is the President's legal prerogative to approve or not; but in practice the power and authority to make such decisions has been delegated to academic units, and faculty have, under well established and highly democratic procedures, made the decisions without interference from the fifth floor'of Capen. The narrow legalism ofthePresident's statement is a vote of 'no confidence' in his colleagues. — * ** "Disdain is further expressed in the timing of the President's action. He knew thatthe Chair of the Senate had appointed a special committee to lookinto this whole question. He met with the Committee. He provided an early draft of his statement to the Committee. And, he knew that his professorial colleagues in the Law School had delivered to the Committee a background document which challenged main points in his draft statement. In this context he promptly issued his statement without giving the special committee, or theFaculty Senate, a chance to deliberate SBA Expands Agenda The 5.8.A., in pursuit of the active agenda promised to the students during recent campaigns, has initiated three new committees, approved a referendum on SASU, seated a law school student on the FSA Board of Directors, and voted to support the Buffalo Public Interest Program's quest for a Loan Repayment Assistance Program. The three new committees are: 1. The Kenneth Gomez Memorial Fund Committee; 2. The S.B.A. Book Exchange Committee, and; 3. TheBar Review Co-op Committee. by Jim Monroe Staff Writer The Kenneth Gomez Memorial Fund Committee will be chaired by Martin Sanchez-Rojas and seeks input from any interested student. Kenny was a very active member of theClass of 1990 and was buried in New York this summer without a headstone. Initially the group will seek to raise money for the headstone with an Outer Circle Orchestra dance and keg party. The S.B.A. Book Exchange Committee seeks to eliminate what appears to be price gouging by Follett Bookstores when selling used law school texts. Follett usually pays 3-10 dollars for used law school books when buying them from students and then sells the texts for 20-30 dollars. Anyone interested in helping S.B.A. organize the Book Exchange should contact first year class director Jim Maisano. Kevin Doyle and Pamela Howell (2nd and Ist year class directors, respectively) are picking up the Bar Review Co-op project initiated last year by John Wenzke. John was able to secure two very appealing offers without any negotiation. (continued on page 9) and express their points of view." President Sample responded specifically to this accusation at the Faculty Senate meeting on the 17th saying that "I did my best to listen to all who wished to be heard on thisissue" and that he had read "every word" of all the briefs submitted to him before drafting his statement of May 10. President Sample Sample also took issue with the accusation that he showed disdain and disrespect for his Law School colleagues saying, "I do not believe that to be the case at all; there is a very big difference between disdain and disagreement." In answer to Sample's accusation that those who advocate the Law School resolution are violating or endangering the "fundamental principles of academicfreedom" the report states that: "this too insults the law faculty by its misstatements of the issue. What was at stake was not whether behavior was 'offensive' but whether it violated explicit policies of the Governor and the Trustees. Cheapening the issue by reducing it to a matter of sentiment trivializes faculty deliberations and convictions." After a spirited debate the Faculty Senate adopted a resolution stating: "The Faculty Senate has received the report of Professors Garver, Solkoff, and Zemel in response to President Sample's opinion of May 1989 concerning the Law School Employer Recruiting Policy. It commends and thanks Professors Garver, Solkoffand Zemel for their report. "In response to both documents, the Faculty Senate hereby calls uponthe President to take all actions within his authority to enforce resolution 83-216." Resolution 83-216 reads, in part, that "all judgments about and actions toward students and employees will be based on their qualifications, abilities and performance. Attitudes, practices, and preferences of individuals that are essentially personal in nature, such as private expression of sexual (continued on page 11) Civil Rights in "Era ofDecline" Thirty-three years passed from the inception of the Emancipation Proclamation in 1863, to the decision of 1896 in Plessy v. Ferguson, which proclaimed races to be "separate, but equal." Similarly, it has taken 35 years from the hopeful promises of Brown v. Board ofEducation in 1954 to arrive at the principle of "unequal but irrelevant." by Christina A. Agola This is the crux of law professor Alan Freeman's revised article entitled "AntiDiscrimination Law; The View from 1989." Professor Freeman presented this article, still in draft and to be published in the Politics ofLaw in 1990, to some 50 students Wednesday, October sth, 1989 in the Senate Chambers of Talbert Hall. The reasons for what Professor Freeman terms as the "Era of Decline" in civil rights cases are attributed in his opinion to the Reagan appointed Supreme Court. In particular, he points to the recently appointed Supreme Court Justice Anthony Kennedy as the touchstone for the decline of new substantive thought in the area of antidiscrimination law. President Reagan appointed, in addition to Kennedy, Justices O'Connor and Scalia and Chief Justice Rehnquist. In light of this. Professor Freeman ponders the reasons why so many people were attracted to a president whose opposition to affirmative action was so pervasive. In the "era of decline" Professor Freeman suggests that Americans got what they wanted when they voted in President Reagan; the decline of forward movement in civil rights cases is not merely a product of the meanspirited eighties, and will be with us perhaps well into the next century. In tracing the development of this decline, Professor Freeman describes the trends in anti-discrimination law since Brown v. Board of Education, and labels the perspectives of the "victim" and "per- petrator," which are rooted in social reality and "timeless abstract norms," respectively. The "victim" perspective is at the heart of the Black American experience, and has been filled with both oppression and exclusion. This oppression has manifested itself in forms which still exist today. They include residential segregation, inadequate education and decreased political power.This list is not exclusive. The "perpetrator" perspective focuses on the behavior of certain individuals who are said to have acted prejudicially by partaking in discriminatory practices. The purpose of anti-discrimination law under this perspective is to apply historically irrelevant standards, irrespective of any social reality. The goal is punishment and does not send out any real substantive message aboutthecondition of the races. Professor Freeman states that the differences between the "victim" and "perpetrator" perspectives "may be recast starkly as the difference between equality of results and equality of opportunity, between de facto and de juresegregation, between substantive and formal equality. These perspectives have pervaded society since the Brown decision, initiating what Professor Freeman calls "the Era of Uncertainty." In as much as the Brown (continued on page 7 1) H IGHLIGHTS Local Bar proposes mandatory Pro Bono for New York State Attorneys Man and Animal are the subject of a three-part article by Alan Freeman and Betty Mensch .. p. 3 p. 5 �New York, New Jersey, and New England Students FMULTISTATE D ■ PROFESSIONAL RESPONSIBILITY EXAM LECTURE More people take BAR/BRI than take all other bar review courses combined. And more people take BAR/ BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). EMPRE, LIVE EDate: SAT., NOV. 11 TH 9AM■ 1 PM ROOM 106 Time: Place: to/fen The Nation's Largest and Most Successful Bar Review. 1415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696 (516) 542-1030 (914) 684-0807 (201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617) 437-1171 2 The Opinion October25,1989 • • • �Wachtler Committee Proposes Mandatory Pro Bono Work In April of 1988, New York State Chief Judge Sol Wachtler appointed The Committee to Improve the Availability of Legal Services ("Committee"). The twenty-two member Committee, a broad cross section of the New York legal community, was charged with three specific tasks. First, to review information and to report the extent ofthe unmet need for civil legal services for the State's poor. Second, to explore the scope and operation of legal services currently provided. Third, and most critical, it was to prepare a plan for action concerning methods and programs necessary to provide legal services to the poor. Wachtler specifically requested that the Committee consider the "propriety and feasibility of imposing a mandatory pro bono obligation on all members of the bar." by Mary Clare Kane The conclusions of this Committee were recently released in a Preliminary Report to the Chief Judge of the State of New York. It proposed that all lawyers admitted to practice in New York State, and who are actively engaged in the active practices of law be required to provide a minimum of 40 hours of qualifying pro bono legal services every two years. Time which is contributed in excess of the minimum standard would be allowed to be carried forward for four years and to be credited pro rata toward fulfilling the pro bono requirement corresponding to that subsequent period. "Qualifying" services fall into three categories: (1) those rendered in civil matters to persons who cannot afford to pay outside counsel and also legal services in criminal matters for which there is no government obligation to provide funds for legal representations, (2) those related to improvement of the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to poor persons, and (3) those provided to charitable, public interest organizations on matters which are designed predominantly to address the needs of poor persons. The plan could be implemented through three avenues: judicial regulation, an amendment to the Code ofProfessional Responsibility and legislation. The Committee felt that judicial regulation would appear to be the most appropriate and could be implemented by authority under the New York Constitution, Art. 6, §28 and Judiciary Law, §211. The Chief Judge would promulgate new standards and administrative policies to promote and facilitate expeditious and fair treatment of the civil cases of indigents in the New York Courts to give effect to the Legislature's desire to provide counsel for indigents in appropriate cases, as expressed in the Civil Practice Law §1102. This regulation would set a new standard and policy that would require pro bono services by attorneys admitted to practice before the courts of New York. Law school clinical programs, in particular, were examined. The Committee felt that though the law school clinics were of sufficient value to the law student's educational experience, the Students Approach Sample on Widespread Anti-Gay Activities A groupofalmost fifty angry University of Buffalo students flooded UB President Steven B. Sample's office in a peaceful protest calling forSample to make a statement against militant anti-gay activities on campus. Sample's office staff, taken by surprise by the flood of students from the floor's elevator, hurridly began hiding open officefiles whileSample locked himself into an inner office and refused to meet with the students. The group, composed of both gay and straight students, was angered by posters that announced the formation of a campus group advocating elimination of all homosexuals from the univeristy. Other posters promoted killing gays as a method to end aids, eliminating all gaysupportive groups at the university, and ending all pro-gay activities at the school. Almost eighty students met in the Student Center Reading Room at approximately 2:15 p.m. on Tuesday to confront what was allegedly the 2:30 p.m. first meeting of The Anti Lesbian, Gay, and Bisexual Alliance. Posters for the AntiLGBA meeting had been hung after the close of classes last Thursday. When members of the anti-gay group failed to appear, approximately fifty students broke-off from the larger group to take copies of the anti-gay posters to President Sample. When the first group of students arrived in Sample's office, secretaries locked the President's outer office door. While students continued to flood the outer lobby, the first groupcircled directly into Sample's private office through an openfire door. Authorities then locked the fire door, locking the fifty students into the president's office while other supportive students, hearing of the incident, continued to fill the outer corridor. Student witnesses state that Sample, startled by the intrusion, fled the office into a side room. The students then attempted to make an appointment to meet with Sample concerning the anti-gay posters and graffitti that have appeared around the campus. Sample's representative initially refused the appointment, but later agreed to try to schedule the meeting if all the students present would leave their names, addresses and social security numbers with Sample's office. The students left Sample's office quietly after Vice Provost for Student Affairs Dr. Robert Palmer invited them to meet in his office. Dr. Palmer met with the students for over an hour. The students expressed their outrage that university maintenancestaffhave not removed anti-gay graffitti that was painted in and on several buildings over six months ago. One instance that especially outraged the students was the slogan "Queers must die" being left on a wall while a peace symbol later painted alongside was scrubbed away, allegedly by facilities staff. The group, composed of students from the Gay Law Student Organization, the Lesbian, Gay, Bisexual Alliance, and the National Lawyer's Guild, complained that allowing this and other discriminatory behavior on campus encourages the behavior. Last year's rescinding of the law school's Career Development Office antidiscrimination policy by Sample was cited by the group as evidence that gay and lesbian students are not afforded the same protections as other recognized minority groups at the university. The students called for the reinstitution of the policy. Other changes, both real and symbolic, requested by the students included: that the University Task Force on Intolerance include a representative from the university gay community, that the university's complaint form upon which discriminatory acts are reported include a checkbox for sexual-orientation based discrimination among the other categories, and that university maintenance be more vigilant in removing anti-gay graffitti. The students also requested that, as a goodwill gesture, Gay Pride flags be allowed to fly from university flagpoles and banners be strung from buildings on National Coming Out Day this October 11th. President Sample was encouraged to wear bluejeans and a National Coming Out Day T-shirt October 11th, and it was asked that he encourage his staff to do the same. He was also invited to participate in selling coffee and donuts at a NCOD informational table sponsored by the Gay Law Student and Gay Graduate groups at ÜB. They noted that he regularly involves himself with other student groups' activities. amount of actual client contact was li- to respond to the crisis of unmet legal mited. Even those clinics which were particularly client-oriented still only provided legal services to a limited number of poor persons. Given the limited return in legal services and considering the cost of altering and/or creating clinics which provided a more significant amount of client contact, the Committee felt that REQUIRING all law students to participate in clinical programs as a requirement for a law degree was inappropriate. The Committee also rejected a proposal to require that as a condition of admission to the New York State Bar that every law school graduate provide a specified number of hours of pro bono services to the poor. Student debt burdens were also considered by the Committee. Would easing the debt burden now borne by law school graduates affect the provision of legal services to the poor? The Committee concluded that loan forgiveness programs, by themselves, would not increase the number of attorneys presently engaged in legal services programs. But, that easing the law students' debt burdens would enlarge the pool of those seeeking legal services positions and if combined with increased government funding could enlarge the number of positions. This could have a favorable impact on the provision of legal services to the poor. Since most law schools have stretched theirfinancial aid resources to meet the costs of providing legal education, the government would have to bear most of the cost of Loan Repayment/Forgiveness Programs. The Committee looked with favor on the programs established at law schools in New York State; such as New York University and Columbia University, and the Committee urges others to considerthem. Though the Committee focused its report on the duty ofeach individual lawyer needs, the ways and means of promulgating that obligation and administration of that obligation in New York State, it stressed that adequately addressing the problem of legal services to the poor requires an effort that transcends both the lawyers' resources and their professional obligations. Government at all levels has an obligation to help provide civil legal assistance to the poor. Certain specific measures were recommended: One, that the federal government should restore and expand funding forthe Legal Services Corporation which has remained frozen at 1981 levels. Two, that State government should provide funding to improve and augment the efforts of legal services organizations and public interest groups devoted to addressing the basic legal needs of the poor. Three, that by providing increased funding for public assistance programs designed to meet the needs of specific population groups (e.g., public assistance recipients, the handicapped and the homeless), government could have a direct impact on the need for legal services. Citing this as an example: The burden of the Housing Court could be alleviated by providing public assistance rent benefits that more realistically reflect the actual rents that recipients pay. "It is a profoundly important truism that the homeless would have less need for legal services if they were not homeless," stated the Committee. Fourth, that the government agencies operating legal entitlement programs that result in the denial or termination of essential public benefits should be required to provide funding to legal services organizations that assist persons who cannot afford counsel. The Committee rationalizes its proposal (Continued on page 11) Erie County Bar Sponsors Worker's Compensation Lecture The Continuing Legal Education Series, (CLE), sponsored by the Erie County Bar Association, presented a lecture on October 14, 1989 entitled "Handling Workman's Compensation Cases." Sanford L. Clark, Chair of the Workers' Compensation Committee, claimed the aim of the seminar was to aid active lawyers and students in finding the "key to decipher (the) special language found in workers' compensation hearings." The other seminar speakers were: Mcl Hurwitz (sole practitioner), Mary Russo (Williams & Williams), and Mark Hamberger and Sue Duffy (both with Phillips, Lytle, Hitchcock, Blame & Huber). Compensation law is designed to provide the employee with access of up to 66% of his/her pay while recuperating and to grant the employer with protection against suits by injured workers. by John B. Licata seem overly formal. Hamberger made clear the position of the carrier in third party suits and reiterated the popular advice "to get (the carrier's consent to settlement) in writing." He emphasized the need for the "present value of future obligation to be extinguished," keeping the carrier free from future compensation claims. Mary Russo, the only speaker to provide an outline, discussed "Defenses to Worker Compensation Claims." Outlining the primary and secondary defenses used by employers, Russo differentiated between compensatory and non-compensatory claims regarding accidents, occupation disease, and the important element of the "independent medical examiner." She effectively referred to examples already presented by Hamberger and Hurwitz to illuminate aspects of her lecture. Russo gave a concise guideline for counselors to "look to the nature of the work: where was it accomplished? who was it for? who determined the acceptable quality? as a test for determining the strength of a compensation claim. Sue Duffy explained the position of both carriers and claimants in a comp hearing. Duffy succinctly discussed the informal elements of the hearing procedure and the wide range of competent evidence. Aside from Due Process requirements the entire procedure is designed to allow claimants self-representation. The burden is on the carriers to overcome basic presumptions regarding proper notice served, establish the legality of the relationship of the claimant to the employer and to establish that the "injury arose out of and was in the course of em- As chair of the seminar Clark discussed the form system used in compensation by outlining the more important forms used during the course of a hearing. The featured lecturers had all been chairpersons of the Erie County Bar Association Workers' Compensation Committee. Mcl Hurwitz, a claimant representative, discussed the "General Benefit Structure" of the compensation system in a dynamic style. His discussion was full of examples that touched the funny bone of his audience: he guided them through the maze of color coded claim forms "brown ones are bad, good forms are yellow, orange, and powder blue"; scheduled compensation "a thumb cut off equals seventy-five weeks at $150 max per week"; and the line between tort law ployment." and compensation "fights at work over The seminar was the fourth in the 1989Monday Night Football are not compensable." -90 CLE schedule of topics to be addressed. The next seminar, "Law GuardMark Hamberger, a defense representative, examined the best methods suited ianship," is scheduled for October 27, to handling a third party compensatory 1989 in the Ceremonial Courtroom of the Supreme Court. There is no charge for action. The hapless position of following Hurwitz made Hamberger's discussion attendance. October 25,1989 The Opinion — — — 3 �ASTWV T'Onl REGISTRATION MUST w9 /Veper Course Includes: "& Complete lecture —•»�s{ WITH ■■ ■ THE }e«~ -fr £ss<ry writing Multistate Practice and Exam ■■ H| UIPDvD ■|A ■ ■ U fPflflflf 111 M«jfi U A JU| ¥C ■■ II 111I nTf Law students discount of $125 will be deductedfrom the cost of $1,075 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1989. * Multistate Professional Responsibility Exam W Multistate Volume * Professional Responsibility M flllS w JOllfl iWp€TS — f/noc CtltHntirO iil'lstUSo UUIUUIILZ For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 747-4311 The Bar Course That Cares. Telephone: (516) 4 The Opinion October25,1989 �Professors Contemplate Man's Coexistence With Animals This is the first of a three part essay on man's relationship to animals. The article was originally printed in the September/ October 1989 issue of Tikkun. For the animal should not be measured by man. In a world older and more complete than ours they move finished and complete, gifted with extensions of the senses we have lost or never attained, living by voices we shall never hear: They are not brethren, they are not underlings; they are other nations, caught in with ourselves in the net of life and time, fellow prisoners of the splendor and travail of the earth. treme knuckle pain that one neverpunches a dog in the mouth. In Buffalo, New York, where we live, more than half the children in the public schools live in poverty. Yet we spent enormous sums to maintain and accommodate Bruno. At any time we could have asked the vet to "put him to sleep," as the euphemism goes, and as the vet quite frankly suggested. But we felt we had made a commitment to Bruno. He was a fellow being whom we had taken into our generally. We simultaneously know and do not wish to know the truth. Animal suffering makes us anxious and uncomfortable, yet most of us want to make "rational "use ofanimalsfor our own wellbeing. Thinkaboutcalves confined in crates in darkness, so starved for iron that they drink their own urine, so starved for maternal affection that they suck desperately at any object offered them; or caged laboratory rabbits whose eyes are dousedwith burning, blinding chemicals. —Henry Beston The appreciation of the separate realities enjoyed by other organisms is not only no threat to our own reality, but the root ofa fundamental j0y.... [I]t is with this freedom from dogma, I think, that the meaning of the words "celebration of life" becomes clear. —Barry Lopez byBetty Mensch and Alan Freeman For five years we have been teaching about our relationship with animals and nature. This essay is the product of that enterprise, which was occasioned by our need to sort out a bizarre and contradictory experiential reality—our relationship with our dog, Bruno. For six years we lived as if in bondage to a tall, seventy-pound German short-haired pointer, bred by experts to be the perfect all-purpose hunting dog— sure of foot, keen of scent, willing to brave tangled underbrush and icy waters to retrieve its prey. The real Bruno was neurotic, cowardly, obsessive, and a constant source of household tension. At three months, however, Bruno had been a cute puppy who caught our attention as he stared out from the cramped confinement of a pet-store cage. The next day he was ours, and was to be ours for six long years. Respectful of Bruno's noble hunting ancestry (although he himself was both gun-shy and afraid to swim), we tried to give him a chance to exert himself in wooded settings. For a time we dragged our one-year-old child out for daily dog walks after work, until Bruno caught and ate a squealing baby badger. Bruno's enormous physical skills, out of all proportion to his sense, fueledhis every move with anxiety-ridden energy. After discovering he could dig holes, for example, he transformed thesmall but welllandscaped backyard behind our new house into a series of deep, muddy moon craters, which he then stocked with rotting garbage. Our house had come with a fenced-in yard, but, alas, thefence stopped at four feet, which Bruno learned to take in a single bound. Within days the police arrived to tell us that "the big gray dog" had been spotted by neighbors down the street destroying their garden. In a state of humiliationfor our unneighborly behavior, we spent more than $2,000 in landscaping and fence expenses. And Bruno later managed to gore himself leaping the new pointed wood fence, leading to $800 in vet bills, along with thriceweekly trips to the vet for most of a summer to have his surgical wounds drained. These anecdotes merely skim the surface of Bruno reality. They leave out the fact that our six-year-old lived in constant fear during hisfirstthreeyears, surethatBruno would eat him, for Bruno regularly wolfed down anything he could seize from the poor child's high-chair tray. And nothing can capture the experience of awakening to Bruno's loud whining at four in the morning, assuming he really had to go, and then discovering he just wanted to watch for therabbit on theother side of the fence. On one such occasion, Alan punched him in the mouth, learning through ex- Betty Mensch andAlan Freeman home, and we experienced him as such, not just as a toy to be discarded should it cease to be amusing. The bottom line is contradiction. Our experience of Bruno was utterly at odds with deliberate, rational analysis of our situation. In this respect, we soon discovered, we were not alone. In American culture at large, treatment of pets is riddled with contradiction. We spend $8 billion per year keeping dogs and cats, often in absurd luxury (grooming parlors, jewelry, even fur coats for some). Pet food takes up more supermarket shelf space than any other commodity, even though the proliferation of advertised flavors and textures does nothing to benefit animal health. What we don't wish to know, however, is how many animals suffer and die as a direct result of our pet-keeping practices. Of the 72,000 dogs and cats born daily in the United States, only one in five finds a home. Shelters destroy some eighteen million unwantedanimalseach year, while other unwanted pets live short miserable lives scrounging for food: major cities like New York and Los Angeles have about 100,000 wild dogs each. We abhor the eating of dogs or cats as akin to cannibalism. Shelters therefore refuse to export cat and dog bodies for use as human food, fearing public outcry, yet these same discarded bodies are regularly sentto rendering plants to be recycled into low-phosphate detergent and hog and chicken food, a practice that seems to pass as minimally acceptable. Our culture tolerates those who lavish affection and resources on pets, but when totemistic affection is expressed through bestiality, we find thebehavior despicable. Pet keeping hasbeen called a form of petty domination, with its origins in decadent aristocratic traditions—perhaps a way of mediating our contradictory attitudes toward incest taboos, given the limited license pets provide to fondle warm, furry bodies within a familial setting. Nevertheless, these put-downs do not capture the almost magical contact that occurs when, for example, dogs are used to help emotionally disturbed children regain their connection to the world. What is the meaning of that dog-person bond? Itis not universal, for the treatment of pets is as various as the cultures of the world. In some areas, dogs have traditionally been regarded as scavengers and "pestiferous vermin." This is still the case in Northern Thailand, where dogskeep the compounds clean in theabsence ofbathrooms. There, to eat dog is considered revolting because dogs are low creatures who eat feces. On the other hand, the West has no monopoly on affection for dogs. Early explorers in Australia found that Aborigine women nursed dingo pups along with their own infants, and the pups were lovingly raised in the household. Our own culture's paradoxical and contradictory relationship with pets is but a subset of our relationship with animals Eager to experience haute cuisine without cholesterol, many of us happily devour veal dishes despite the bleak, anguished experience of the calves whose flesh, we know, supplies the meat. And we regularly anointourselves with perfumes, powders, sprays, and ointments to enhance our capacity to attract other human animals, employing for the purpose cosmetics tested by tormenting hapless creatures. Although we often choose to ignore animal reality, few topics grip public attention with theforce of an animal story. The single biggest media event during the 1988 presidential campaign was the dramatically depicted plight of some stranded whales off the Alaskan coast. The most sophisticated manipulators of our consumer consciousness, those who design adsfor beer, know that nothing sells their product so well as dogs (or perhaps the combination of dogs and sex, which is even more curious). And our children's books are filled with furry, warm, loving animals, whom our kids relate to as fellow beings, at least until they sit down to dine on some of them. Animal rights activists, usually dismissed by intellectuals as bourgeois sentimentalists, have recently gained surprising political clout. Newsweek reported in May 1988that Congress had received more mail on the subject of animal research than on any other topic, and some university experiments have been halted as a result of public pressure. In December George Bush, embarrassed by negative coverage of his annual winter quailhunting pageant, felt obliged to assure the people, when he later went deep-sea fishing, thathe did not hurtthe fish; he planned to throw them back into the ocean after catching them. As environmental disasters (like the Alaskan oil spill, with its attendant animal suffering) multiply, even mainstream voices are recognizing that we cannot simply go an taking the natural world for granted. Today, however, we are not even close to developing an ethically coherent position on the treatment of the environment in general or of animals in particular. Ostensibly straightforward issues prove confounding. For example, the Endangered Species Act, reflecting a kind of Noah's Ark mentality, is clearly premised on the view that some economic sacrifice may be requi red to preserve the last members of species threatenedwith extinction. But the act fails to address the fact that extinction usually results from habitat alteration. Preserving habitats is expen(continued on page 7) Student Reps to SBA Committees Named The Student Bar Association would like SOCIAL COMMITTEE to congratulate those students selected as representatives to the various law Kelly Eckmair school committees. The interviewers had a difficult time making the selections from a field of so many qualified candidates. The number of students interviewing for the committeesthisyearfar exceeded the number of students in the past three years. The SBA would like to thank everyone who interviewed for the committee positions, and further encourage SBA involve- SPECIAL NEEDS COMMITTEE Jill Clarke Nancy Schulman ment. MITCHELLLECTURE COMMITTEE Veanka McKenzie Tanya Lambert-Watkins Marjory Cajoux Alternate: Sharon Johnson SUB-BOARD I Kimi King FINANCE COMMITTEE Jonathon Johnsen Tanya Lambert-Watkins Nathaniel Charny Jim Maisano STUDENT REPRESENTATIVE TO FACULTY MEETINGS Kimi King Maria Germani ACADEMIC STANDARDS AND STANDINGS COMMITTEE Ulysses Moultrie Pamela Moslley Rosalie Leslie Kathleen Reilly ADMISSIONS COMMITTEE Kathleen Reilly Marcos Zuniga Martin Coleman Carl Marshall Andrea Windley COMMITTEE ON RESOLUTIONS Jennifer Prescod Sharon Johnson ANTI-DISCRIMINATION COMMITTEE Rob Davis Joseline Pena Trini Ross Alternate: Sharon Johsnon ACADEMIC POLICY COMMITTEE Veanka McKenzie Sandra Williams Marjory Cajoux APPOINTMENTS COMMITTEE Alternate: Sandra Williams SPECIAL PROGRAMS COMMITTEE Linda Gadsby Sharon Johnson Brad Barneys Alternate: Ulysses Moulterie 1990 COMMENCEMENT COMMITTEE UPDATE Due to an underwhelming response to our request for commencement speaker suggestions, we will have a table set up outside the library this week to give third year students an opportunity to voice opinions on the keynote speaker. We encourage all third year students to speak now or forever hold your peace. To raise money to defray the cost of our post-graduation ceremony reception, we are holding a baked goods/cider sale on Halloween, Tuesday, October 31. If anyone can contribute to our supply of saleable goodies, please contact Barb Gardner, Box #98, as soon as possible. Stay tuned to this paper forfurther updates. October25,1989 The Opinion 5 �1 OPINION From The Opinion's Mailbox STATE UNIVERSITY OF NEW YORK AT BUFFALI ) SCHOt >LOF LAW Volume 30, NO./6 October 25, 1989 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Features Editor: Photography Editor: Bruce Brown Michael Gurwitz JeffMarkello Editorial A Tale of Two Earthquakes Last week two earthquakes struck in two very different parts of the world. The San Francisco earthquake received widespread media attention. Many of us were moved by the scenes of devastation on the nightly television news, yet at the same time we were amazed that the damage was not worse. The city was not leveled by any means, in fact large portions of the city were left standing (though not unblemished) thanks to tough building codes. San Francisco and the surrounding areas will now enter a rebuilding stage. The knowledge gained from this unfortunate incident will help them to guard against damage from earthquakes yet to come. President Bush has pledged the support of the federal government to the rebuilding effort. He visited the stricken area three days after the quake to reinforce his personal commitment to help relieve and rebuild. The second earthquake occurred in northern China one day after the San Francisco earthquake. The damage was most severe in the largely rural area along the Shanxi-Hebei provincial border. This earthquake received relatively less media attention than the San Francisco earthquake. The earthquake was also technically less severe than the San Francisco earthquake, it measured only between 5 and 6 on the Richter scale. And although the quake didn't cause billions of dollars in damage, this earthquake may very well be more devastating to the villagers that it struck than the earthquake that struck theresidents of the San Francisco area. News of the quake that hit Northern China is hard to come by but one news service estimated that the homes of 8,000 peasant families had been flattened. The homes in this area are made of clay and don't have to meet strict seismic guidelines before they can be built. The people of this area don't have heavy equipment to rescue survivors and the peasants are using primitive means to dig through the rubble. The Chinese government didn't send any representatives to survey the scene. In fact the only thing the government has done is send a few loaves of bread. The primitive peasant villages that were destroyed in China will probably take long painstaking years to rebuild and the people of that area will not feel a sense of normalcy for at least that long. As we watch the rebuilding of San Francisco on the nightly news, along with feeling sorrow for the people of the area we should remember the peasants in northern China and be thankful that the Californians are able to rebuild at all. Staff: Ted Baecher, Dennis Fordham, Jennifer Latham, Jim Monroe Contributors: Christina A. Agola, Alan Freeman, Maria Germani, Ellen Gibson, Mary Clare Kane, Gary Ketcham, John Licata, Darryl McPherson, Betty Mensch, Sandra Williams ©Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic' year: It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressedIn this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office. 724 O'Brian. Sub-Board Responds to Opinion To the Editor: matter for Sub Board to judgenor decide.) However, because authorization by the Editorials can serve to inform, edify, challenge, and sometimes stir to action. designated officers of the governing body The editorial "Student Groups Need Fiand the University designee, is required nancial Freedom" in the 9/27 issue of to legitimize an expenditure, the process Opinion did accomplish the latter. Because may unfortunately be delayed. How effithe article was fraught with so many misciently the process works is entirely in the hands of the designated officers of each representations and distortions of fact, I am stirred to respond. I believe setting organization not only to insure compliance with the guidelines but to expedite the the record straight is in the best interests of the students Sub Board I, Inc. serves. quick and efficient payment to vendors, Sub Board I, Inc. is the recognized acetc. This entire procedure can take as few counting agency for six student governas four business days... at most ten days. It is indeed regretable that on occaments on campus. All Mandatory Student sion a payment may be delayed due to Activity Fees are deposited and disbursed through this student owned and operated missing information on the Request Form or insufficient supporting documentation. agency. On behalf of the students, theAcWith transitions in student officers each counting Office's primary funciton is to year, mistakes do occur until the system insure fiscal integrity and accountability is learned. The Office staff do everything through compliance with Generally Acin their power to advise and hopefully precepted Accounting Principles (GAAP). Secondly though less directly, these oblivent these delays. The gross exaggerations and allegations gations emanate from the Guidelines of of the editorial serve only to point out the Board of Trustees of the State University of New York for the expenditure of how little information the writer had in Mandatory Student Activity Fees. doing the piece. If it was intended to do Sub Board has absolutely no control a service to the Student Bar Association over the budgetary decisions of any stuthe most logical step would have been to dent body constituency. That responsibilmount an effort first to investigate and ity is vested only in the governing body then test the validity of the case. I chalof a respective government. (Even if a stulenge the writer to do just that. dentgroupwishes to purchase "company Gabrielle Miskell cars and executive suites" that's not a Executive Director/Sub Board I, Inc. The Opinion October25,1989 6 Student Decries "Perfect Authority" To the Editor: As I thumbed through The Opinion of October 11, I was delighted to see my name and to realize that Mr. Monroe had responded to my letter of September 27. There is very little I enjoy more than a lively, intelligent debate. It is a terrible shame that Mr. Monroe was unable to provide any. I was amazed to see that I had been lumped together with two other people, a Mr. Miller and a Mr. Barry, whom I have never in my life met. The three of us were accused, en masse, of writing in "the typical reactionary style," and of resorting to "name calling and baseless labelling to attack the people [we] disagree with rather than dealing with the issues at hand." We were also accused of using "the same ad hominem tacticsand phrasing used in last year's racist 'Independent Journal'," and of using "huge local gaps to press our obfuscations." Mr. Monroe must have grossly misunderstood, or perhaps read some other letter which he attributes to me. At no point in my letter did I attempt to cloud the issue, and I don't even know what "huge local gaps" are. What I attempted to do and what I did was to express my opinion. I addressed the issue directly. The issue is freedom of speech under the First Amendment and my opinion is that, if we do not protect the right to unpopular speech, even offensive speech, then we have protected nothing. Mr. Monroe reveals his contempt for such ideas as freedom of speech in his sarcastic reference to the "sacred thoughts of Thomas Jefferson." Forgive me Mr. Monroe, but I do hold those thoughts in considerable esteem. The point I made in my letter, and the point I reiterate, is that statements like Mr. Monroe's, "what type of racist and sexist speech [do] they believe should be protected," embodies a dangerous tendency to believe that there is some perfect authority who can make perfect decisions regarding what is and is not acceptable thought and speech (in the present case, of course, that perfect authority would be Mr. Monroe himself). Clearly, there is no such perfect authority, never has been. It is thisfundamental idea which theformulatorsoftheFirst Amendment understood. Mr. Monroe would set himself up as this perfect authority. This is evidenced by the last sentence of his letter wherein he states: "From now on I'd appreciate it if Woodside, Miller and their ilk [I have been relegated to ilk!] would check with me before they attack anyone." If Mr. Monroe honestly believes that I attacked him personally, for that I apologize. It was never my intention to attack him, but only to attack his ideas. I truly believe that the First Amendment was meant to, and must, protect even unpopular speech. I am not, as Mr. Monroe suggests, one of the "cheerleaders for wild Bill Rehnquist, the ex-Nixon hired gun ." I have no idea how Mr. Monroe managed to pull William Rehnquist out of his hat. I am unfamiliar with any comments Chief Justice Rehnquist has made regarding thefaculty statement here at ÜB. While we are on the subject of William Rehnquist, I must repudiate any suggestion by Mr. Monroe that I supported Chief Justice Rehnquist's decision in Texas v. .. . Johnson. I am not entirely certain why Mr. Monroe included the next to last paragraph in his letter to the editor. That paragraph reads: Bill [William Rehnquist] just wrote the dissenting opinion for Texas v. Johnson, that stated that flag burning was not a form of speech. He said it was more like a grunt or a groan. 0.X., so by Bill's rules what is putting dog shit insomeone's mail box pure speech? — It would appear, since Mr. Monroe's entire letter was one big lumping together of all those whose opinions he opposes, that the preceding paragraph was somehow to relate to me. That is, thatMr. Monroe would attribute the dissent of Chief Justice Rehnquist to me. Perhaps Mr. Monroe feels thatChief Justice Rehnquist is also of my "ilk." For this matter, let me say that I stand with the majority. Clearly, the burning of the flag is a form of expression and _ought (rightfully) to be protected. This also means that, if the overwhelming majority of the nation believes that the flag is a symbol of the United States which should supersede the right to free speech, then the only way to remedy the situation is through a constitutional amendment, not through a statute passed by Congress, which I, they, and you know to be Prima facie unconstitutional. For the record, I am against such a constitutional amendment. However, Mr. Monroe did not feel it was necessary to ask my opinion before attributing the Rehnquist dissent to me. As for the incident with the dog feces, to which Mr. Monroe so eloquently refers; as I stated in my letter, the laws of harassment and vandalism already cover it. There is no need to limit freedom of speech. I strongly support any movement to prosecute those people within the full extent of the law. I strongly oppose any movement to remedy the situation by limiting freedom of speech. The two are not related. It is very clear that any opinion which differs from James Monroe will be condemned as "reactionary," "racist," and of an "ilk." I beg of all those reading this, that you read Mr. Monroe's letter and remember that, if the faculty statement is allowed to stand, we will undoubtedly end up with a James Monroe dictating what is and is not acceptable thought and speech. The right to express unpopular ideas, or even to object to a movement to limit unpopular ideas, will be lost forever. We will become subject to the caprice of whomever happens to be in power at any particular time. We will become subject to the limits of thought which Mr. Monroe finds acceptable. We may end up with a society wherein Mr. Monroe will sit and pontificate on what is and is not proper thought and speech, and we will be held to his entirely subjective point of view. I am sorry that Mr. Monroe feels that no point of view different from his own ought to be allowed expression. However, I must decline his invitation to check with him before I speak my mind. I am perfectly capable of deciding my own point of view. Hemay succeed in prohibiting my opinion, but he will not succeed in suppressing it. Keith L Woodside Student's Lecture on China Praised To the Editor: Many thanks to Ken Schagrin, a second year UB law student who took the time to share his experiences and video footage of the Chinese demonstrations that took place in Tianeman Square during the spring and early summer of this year. The presentation was held on Wednesday, October 3rd and sponsored by Maureen Barons, Chairperson of Amnesty International at ÜB. It was enlightening for those who attended to view the actual footage of the demonstrationsand to hear a Westerner's perception and assessment of the events that led to this collective demand for democracy. More student lectures like this are welcomed. While attending school, we learn from the experiences of other students as well as books and professors. Thanks again to Ken Schagrin, Maureen Barons and Amnesty International. Moses M.S. Howden �GROUND ZERO Is The United States The Great Satan? Two recent events started me thinking about the U.S.A. and what it stands for. The first was the announcement last week that this country will not comply with a global ban on chemical weapons, and instead will go full-steam ahead in producing more of those wretched weapons. The second was a story broadcast by National Public Radio which recounted the destruction of a medical clinic by Unita rebels in Angola. This clinic, though miserably undersupplied and understaffed, was the only medical resource in the area. The Unita rebels blew it up. As you might have guessed, Unita has the full support of the United States government. These two events combined to make me ask (yet again): What the hell is wrong with this country!? by Michael D. Gurwitz Features Editor The Soviet Union (the bad guys) announced that it would join in an international ban on the production of poison gas weapons. The ban was agreed to by approximnately 40 nations in Geneva. The United States (the good guys) is going to ignore this global ban and continue manufacturing weapons that will make people blister, vomit, bleed, suffocate, and after 5 to 10 minutes, die. The victims probably will not be soldiers, but civilians like you or me that is, if we were Third World civilians. Did I forget to mention that these poison gas weapons will be bought with our tax dollars? Not that I'm about to question the mor- — Animals. sive, as has been the case with the vast and uncontaminated territories required by California condors or the "oldgrowth" forests needed by snowy owls. Suddenly ourcommitmentto preservation becomes a commitmentto "rescue" a few last survivors and place them in zoos where, we hope, they will breed. But is a condor outsideits habitat really a condor, or simply an artifact preserved by people to assuage human guilt? Moreover, on exactly what basis do we give such special emphasis to the category "species," which is, after all, a human creation, manipulable in its plasticity, as interpreters of the Endangered Species Act have discovered? On what basis does a snail darter have a greater claim to our concern than a raccoon suffering in a trap or a rabbit bred to suffer in a lab? Even when we make a commitment to preserving a natural habitat, what do we mean by "natural" in a world so changed and dominated by humans? Are fires in Yellowstone "natural"? Wild horses on the western prairies? The hunting of overpopulated deer herds? We simply lack a vocabulary for analyzing these issues, which are ultimately ethical and theological, not just factual. In the context of human suffering caused by AIDS, theabsolutism of thosewho oppose all animal experimentation seems callous in its indifference; yet the tremendous amount of animal suffering that we impose for trivial purposes (the testing of each new color of cosmetics, for example) may be a sign of spiritual debasement. Opponents ofanimal rights activists charge them with caring only about animals and having no compassion for people. These opponents remind us that Himmler was a proponent ofanimal rights, thatHitler was a vegetarian. Perhaps some modern vegetarians, in their purist zeal, seek to construct a fantasy world for themselves, denying that life is rooted in suffering and death, that we are all, in the end, mere flesh. On the other hand, do we really "need" perfectly tender white veal meat, given the dismal suffering that is the price of its production? Does our insatiable desire for McDonald's hamburgers justify turning tropical rain forests into cattle-grazing pastures?At some point, does not our zeal to make productive use of nature threaten not only the future of the world's ecology, ality of our government producing chem- ical weapons. My country, right or wrong. But dammit, when General Hussein or Iraq used chemical weapons on the Kurds last year, I was really mad, weren't you? What kind of country would use chemical weapons in this day and age, especially after the documented horrors ofchemical warfare in W.W. I? A military dictatorship like Iraq, that's who. A country which has been condemned by every decent county in this world for its crimes against humanity and nature by using poison gasses on civilians who didn't stand a chance. Well, move over Hassad, Uncle Sam wants to get his hands blistered and bloody too. Have we gone insane? Here was an opportunity to join in an international ban on chemical weapons production, and George Bush, our democratically elected leader, decided that the desire of the American people was to embrace these weapons from hell. For this we voted?? I've got news for the White House and those misguided Republicans and Democrats who fought the ban. According to experts at the Brookings Institute, our rejection of joining in the ban on chemical weapons production will spur Third World countries to also produce these weapons. They don't want to be left out of the fun, andafter all; chemical weapons have been dubbed the poor person's nuclear bomb. Another bit of news for the lunatics in Washington: lots of Third World countries don't like us. Remember Khaddafy and his West German supplied pesticide from page 5 our but also own moral well-being? If we are to take seriously the suffering and survival of animals, we must at some point confront and reject some basic presumptions of what we have inherited as secular Western Culture.These presumptions are rooted in the social moves we deploy to rationalize hierarchy and domination. These basic moves are to universalize one's particularity, to project its absence onto everyone else, and then to privilege the now universalized trait as the basis for hierarchical superiority for oneself and reductionist objectification of the other. Through this process, dominant groups invent names for characteristics of themselves so as to celebrate their own possession of them and decry their absence in others. So named, these traits become images that take on lives of their own: the traits are implicitly universalized, and others are measured by theirdistance from norms now taken to be objective or natural. Thus has Western Culture identified itself asthetriumph ofcivilization and instrumental rationality. The English rationalized their brutal oppression of the Irish on the grounds that the latter were "heathen" and "savage," by which the English meant that the Irish were not English, which, by definition, meant "Christian" and "civil." Similarly, Africans were categorized as not white, and therefore lacking the package of cultural traitsassociated with whiteness. And men, having defined themselves as the embodiment of rational discourse and moral capacity, have found women by definition lacking in these traits, which means they must play dependent roles. An extreme example of absence-projection is the Freudian notion of penis envy, which, one might suggest, grew out of Freud's inability, in a cultural context of male domination, to imagine himself as a person without one. In short, over a period of more than three hundred years a particular form of discourse, largely belonging to privileged white men, has claimedfor itselfthe status ofUniversal Reason. That discourse, which may be characterized as dualistic, analytic, instrumental rationality, has become the yardstick of human hierarchyand privilege in our culture. It also has become the basis for reconceptualizing our relationship to animals and nature so as to rationalize our exploitation and domination of them. factory? It's quite possible that one of these days, some Third World joker with a grudge against the U.S.A. will detonate a poison gas bomb in this country. It might be in Los Angeles, or New York, or Kennenbunkport, or Buffalo, but when it happens, it will be very bad, and the burned and mutilated tax-payers will not be happy with this particular return on their investment. But so what? I agree with you, George! Damn the poison torpedoes and full-speed ahead. Let's keep American chemical weapons factories working! Ever hear of Jonas Savimbi? He's the charismatic leader of Unita, a guerilla army which is battling the communist government of Angola. For years Unita was supported by the South African government. In his second term of office. President Reagan, at the behest ofthe extreme right, met with Savimbi and pledged United States support to Unita. Republican and Democratic politicians alike, the people we elected to office to serve our country, simply stood by like dumb asses as our president shook hands with the devil. Associating the United States with the fascist South African government was bad enough, both from a moral and strategic standpoint (blacks in South Africa will eventually replace the whites as the ruling constituency, and they won't forget the actions of the U.S.A.), but even worse was our allying with Unita itself. Jonas Savimbi is a sadist and a butcher. His Unita rebels are notorious for their raids upon unarmed civilians. They routinely murder, torture, rape, and enslave their victims. As National Public Radio highlighted, Unita is conducting a war of terror against the Angolan People. In addition to their human rights atrocities, Unita destroys hospitals, electrical supplies, farms, and other nonmilitary structures. They also plant anti-personnel landmines in the dirt roads used by peasants to get to their fields and homes. The dirt-poor men, women, and children of Angola are losing their legs to these mines, but that's okay by Uncle Sam, because after all, those people are just black, and Unita isfighting the commies. An unfair criticism of our government? Hell no! We do it all the time! Vietnam, Cambodia, Chile, Guatemala, El Salvador, Haiti, Phillipines, Nicaragua, Iran...: if it's poor, weak, non-white, and has sadists willing to kill communists, we'll back those sadists to the hilt, and ethics and morals be damned. It's not just Republicans, and it's not just Democrats, it's our government it's US. I know that I am not the first to ask why we give money and weapons to right-wing dictators because we want to defeat left-wing dictators, but the more important question is why do we, American citizens and taxpayers, allow our government to keep supporting butchers over and over again? Is our hatred for communism that deep? I doubt it, just like I doubt whether 99% of the people in this country even know the definitionsof communism or democracy. Are we simply powerless to sway our leaders away from giving our nation's money and moral support to the scum of the earth? Are we happier seeing our hard-earned tax dollars being used to buy nerve gases and napalm and nuclear bombs, rather than schools and medical clinics and housing? The answers, apparently, are yes, but these answers fly in the face of reason, logic, and last but not least, compassion. How to explain all this? I don't know, but I'll give it a shot and see who bites. The evil emcee of the musical Cabaret sang a song about money, and how it makes the world go round. Why do we buy chemical weapons and sell arms to sadistic tyrants? I guess somebody, somewhere is making a buck off it. Ain't capitalism great? — COMMENTARY Just Who Were The Candidates? and bad weather. None of those excuses can wash in a self-contained, liberal law school like ÜB. So why is it, excepting Section Three, that only 52 out of hundreds actually bothered to vote? Is it conceivable that the majority of students actually don't care? I suppose it's possible. I remember from my undergrad experience that I could care less about the student government. But I get the sense that UB students are more socially conscious than that. I think a major factor was that students are reluctant to cast a vote for someone they don't know. In a world of media blitzes and sound bites, a candidate without exposure isn't by Darryl McPherson a candidate, he's a long shot. The key to This election was, for me, full of surthe Section Three victory was that the prises. For the first-year seats, only eight majority of the section knew who the canpeople initially ran, of which only one was didates were. And if they didn'tknow the a woman. I realize that few people are candidates, they knew me. Either way, the willing (or able) to invest the time necesvoter felt some kind of connection with sary for the position. Yet, with so many the election. dedicated and passionate people in this Student involvement, that's what the school, I expected more people to want SBA election lacked. The candidates' perto lend their voice to the SBA. sonal statements aren't enough to stimulate interest in the campaign. A student On the other side of the ballot, I noticed would have to care enough to read them the voter turnout. Outside of Section first. (Ironically, Pamela Howell, who reThree candidates, the highest number of ceived the most votes, had one of the votes awarded to a candidate was 52. Due more general statements.) With so many to what has been called a political other things on the student body's mind, machine, Section Three did significantly the of the election should be importance better. We campaigned heavily; stuffing more students would stressed. think I mailboxes, making presentations, and vote, but feeling it would be irresponsible basically harassing people into submisto cast a vote in ignorance, simply choose sion. As a result, all three candidates won, not to vote at all. and did so by a healthy margin, with 88, So, what conclusions can be drawn 82, and 78 votes respectively. from this? I think the entire election proClearly, there's a correlation between cess could be better publicized. More inthe effort put into the campaign and the formation should be imparted about the amount of votes we received. What SBA and the class director candidates bothers me is that so much effort was well before the election. I daresay these necessary in the first place. People don't alleged solutions are easier said than done, but what good is it to have elections want to get involved in politics these days. In the outside world, low voter turnout is if the very people you're to serve have blamed on poor education, social apathy, little to do with the election itself? October 25,1989 The Opinion What if they held an election and noone showed up? Some think it would be funny. Some think it would be tragic. I think it's possible. Recently, the Student Bar Association held elections for the position of Class Director. For each year, there were six seats open. While I didn't run for one of the slots, I did serve as campaign manager for the first-year section three candidates. This position gave me a rather unique perspective on the election, particularly for the first-years. 7 �THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE INTENSIVE 1 QUESTION REVIEW: Over eighteen hours of in-class question analysis by experienced law school professors is an integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost. O ™ NARRATIVE TEXTS: The law you need to know for your bar exam is explained for you—not outlined—in our comprehensive texts. UNPARALLELED CONVENIENCE: Preparation for the bar exams of nine- 3 teen jurisdictions is available at over 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR California Colorado Connecticut Dist. of Columbia Florida Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey New Mexico New York Pennsylvania Rhode Island Texas Vermont Virginia If you plan to practice in any ofthese jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. L> Ca AW-CMU IBAR REVIEW SERVICES I SeeyourCampusßep,orcall: F R A sJKJ £Ji2 E* ef L,d. H 1330 Niagara Falls Blvd. (opposite Boulevard Mall) (800) 223-1782 (800) 343-9188 Tm ©1987 Kaplan-SMH 8 The Opinion October 25,1989 " 891? �Law School News Briefs Albany Over 200 law students and faculty members pledged $150.00 a piece for proposed renovations to the law school gym. The gym, which is used for lectures, parties and sporting events was renovated at a cost of $40,000. Previously a typical law school space shortage had threatened the future of the gym, it was feared the gym would be turned into offices. (The Issue, vol. 19, no. 1, August 24, 1989, page 1) Cleveland-Marshall Cleveland-Marshall's S.B.A. President used her power of appointment to appoint six student senators and a treasurer all within five minutes. The appointments were unanimously approved by nine stu- TNAHCREOS ATION dent senators attending the meeting. The attending senators apparently did not act too quickly as they did ask a few questions of the treasurer elect and ascertained that he "had a fair idea of how to fill out purchase requisitions." The new treasurer will receive a one semestertuition stipend for his work. (The Gavel, vol. 38, issue 1, September, 1989, page 6) Indiana University Indiana University had its annual Minority Law Day on October 14th.Speakers and other activities were planned to attract minorities and consequently increase minority enrollment at the Law School. The event is advertised throughout the city of Indianapolis and univer- sities in the State. Last years Minority Law Day attracted 100 prospective minority students, and is credited with increasing minority enrollment from the previous year. Fourteen black students enrolled at the school out of twenty-one offered admission. The previous year only five black students enrolled out of nine offered admission. (Dictum, vol. 1, no. 1, September 20, 1989, page 1) University NYeowrk NYU held its annual "early interview week" the last week in August. Seven hundred and twelve interviewers (some firms sent as many as ten interviewers) from 25 states descended into an undergraduate dorm and proceeded to interview 720 students. Students were required to complete an interview preference sheet by July 6th, and a complex computer scheduling program attempted to match students to their first choice in interviewer. Eighty-nine percent of students were able to interview with their first choice. By the time early interview week ended, 15,962interviewshad taken place. ****** The administration failed to accommodate the needs of a potential NYU Law School student who wished to live in the married student housing with his gay partner. The student was accepted at the school last Spring and felt he could not afford to attend unless he was able to move in to campus housing. Dean John Strudler felt that he could not change the housing policy (which requires couples to produce a marriage license) or make an exception for the student. The Dean spoke to administrators at other law schools including Harvard, Yale, Columbia and Berkeley and found that only Stanford accommodated gay and lesbian couples. The Lesbian and Gay Law Students Association at NYU would like to see the housing policy change and NYU become a leader in providing student housing without regard to sexual orientation. (Both stories from: The Commentator, vol. 24, no. 1,September8,1989, page 1) T.CWilliams The T.C. Williams chapter of the Federalist Society for Law and Public Policy Studies has gained official recognition from its national organization in Washington, D.C. This is the second year of the organization's existence with last year being mostly an organizational year. The society's founders are excited about the national recognition and are planning a "rush" event to introduce the society to potential members in the law school. (Juris Public!, vol. 16, no. 1, October 2, 1989, page 7) Law Library Staff Responds to Suggestions and Complaints The Opinion is pleased to print some of the suggestions that users of the Law Library have offered the library staff, and the staff's response. The Suggestion: Assigned, locked study carrels for Law Students only. The Response: We have asked the University locksmiths to see whether the door frames on our 42 closed carrels can receive locks and what the lock installation cost per carrel would be. Assuming a favorable response, we are including in our forthcoming Law Library questionnaire an effort to determine how 750 law students would want to see 42 locked carrels allocated. There are certainly lots of possibilites for using these scarce resources: first come-first served, two or three sharing each carrel according to a schedule they work out themselves, reservation preference going to law students writing seminar papers,and so on. The Suggestion: Refusing to let noisy undergrads in without a pass. The Response: The UB administration sees UB as an open campus; restricted library access at publicly funded universities is a problematical concept and is generally unacceptable to our University administration. Besides what might be called political considerations, some practical considerations include the cost of trying to administer a pass system fairly. Just imagine how law students would react if they were required to obtain a pass in order to enter the Lockwood Library or the Health Sciences Library. However, during the Law examination period we have reached an agreement with the UB administration which allows us to limit access to the Law Library to two categories of library users: (1) law students, and (2) people who need to use materials housed in the Law Library. This recently adopted policy is enforced only on a voluntary basis, however. Noisy library users, whether they are undergrads, law students, or others create a completely unacceptable study atmosphere. Unfortunately, the worst noisetends to occur in the evenings when no permanent staff is on duty and the six floors of the Law Library are in the care of only two students at the Circulation Desk. If we had the funding to hire a "guard" to patrol the upper floors in the evening, I'm sure that the situation would improve. When we receive this year's SBA The two separate Bar Review companies agreed to cut their prices almost in half with the stipulation that one hundred candidates sign on. Kevin and Pamela will be able to use student assistance in setting up a counterproposal and recruiting new members of the Co-op. SASU is the Student Association of the State University of N.Y. and has been a major factor in keeping tuition rates down since 1970. Like any other public benefactor it must contend with the apathy of the people it serves. A case has been made that the law school already benefits from SASU and therefore should not bother contributing. The S.B.A. has decided to ask the student body to decide the issue in a general referendum to be held Wednesday, November 8 and Thursday, November 9. Specifically, the referendum will state, "Should SUNY Buffalo School of Law fund SASU at $2.00 per student per semester which will be added to the student mandatory fee and be voted upon every three years?" The S.B.A. will provide information to all students on the pros and cons of becoming SASU members. After a year of work by Kimi King, Martin Coleman and the present S.B.A. Executive Board the law school was able to gain a single year seat on the Faculty Student Association Board of Directors. Derek LaMarche, undergrad SA president, graciously appointed Jonathan Johnsen (2nd year law) to fill an under- from page 1 grad seat with full Board voting rights. The law school became serious about acquiring a seat after last year's work on the Grape Boycott and Anti-Styrofoam sub-committees proved the importance of student involvement. FSA is the multimillion dollar, not-for-profit corporation that runs food service, the campus laundry, catering, vending, and a multitude of student services at SUNYAB. Marc Hirshfield, Ist year class director, will be working with Jonathan on obtaining a permanent voting seat as well as reporting FSA issues to the law school. Until a few years ago S.B.A. did have a non-Board, FSA assembly seat, but lost it to the Graduate Student Assoc, through inactivity. The final project supported by the new S.B.A. is the Loan Repayment Assistance Program which is designed to give UB Law graduates working in public interest fields help in paying back their student loans. This program is long overdue at a school that touts itself as public interest oriented. S.B.A. feels that it is a shame that SUNY's only law school does not provide some type of post-graduate financial incentive for public interest work and relies upon the students to organize the repayment assistance program. All students are urged to attend S.B.A. meetings and to inform their respective class directors of all pertinent issues and projects. budget, we will be able to tell whether we can afford a guard without impairing other essential services such as evening reference service, maintaining library hours, maintaining existing A-V services, labeling new books, and so forth. The Suggestion: Easier access to reference librarians. Maybe have more than one on duty per hour. It is often difficult to receive help when librarians are working with other people, and several patrons are in line ahead of me. I usually give up, which is not a very beneficial experience. The Response: We are painfully aware of your concern and are working on ways to address it without impairing other reference services, such as offering LEXIS and WESTLAW refreshers, providing reference service in our Documents Department, and keeping up with other library responsibilities such as selecting new materials for the book collection. We are analyzing our reference statistics to determine the predictably busy times when we should schedule a second librarian at thedesk. We are also developing an "on-call" system so that the refer- ence librarian can call for reinforcements when several people are in line at the desk. We also plan to do a better job of staffing the reference desk when the regular reference librarian needs to participate in staff meetings. We hope you will soon see improvement as these three measures go into effect. The Suggestion: An on-campus telephone for student use. The Response: The University telecommunications office will install a campusonly phone wherever one is desired and there is a department able to pay for it. The charges include $400 to obtain the number, $45 per hour for installation labor, and a monthly cost of $29. Right now, theLaw Library's highest priority for telephone lines is installation of three more lines so that we can carry out our commitment to establish a four-terminal WESTLAW lab. We have passed your suggestion along to the Law School in hopes that a campus phone could be installed in the student mail room or included in the plans for the Law Student Center in the basement of O'Brian Hall. MOVIE REVIEW Pacino Surfaces in Sea ofLove Sea ofLove, the romantic ballad by Phil Phillips, is also the name of a new film starring Al Pacino, Ellen Barkin, and John Goodman, and directed by Harold Becker. It is the story of two New York City cops (Pacino and Goodman) who team up to find the psycho-killer of three men who had all placed poetic ads in a local "Personals" column. A tough-talking woman with a penchant for tight clothes (Barkin) becomes their prime suspect. Things get complicated when Pacino falls in love with Barkin, thereby providing the film with its suspenseful edge, namely, is Barkin thekiller and, if so, will Pacino become her next victim? opportunity to explore the desperation and pathos of the dating scene in New York (and elsewhere) that relies on cleverly worded ads in the Personals. As modern dating gets more technological personals, phone party lines, video services it becomes more alienated, more isolated. Sea of Love could have examined how modern dating affects modern singles; unfortunately, it only skims the surface. Another problem with the film is that with two intense, charismatic actors like Pacino and Barkin, one would at least expect some hot 'n heavy romancing, but alas, the water starts to boil only to get turned off before it steams. Anybody looking for a really erotic film will be disappointed by Sea of Love. Much better to by Michael D. Gurwitz rent a copy of The Unbearable Lightness Features Editor of Being and hang out at home. Overall, I'd give this movie a B (Q?). As far as suspense thrillers go, Sea of Love is pretty good. Pacino gives a solid Despite its superficiality, Sea ofLovedoes performance, though it doesn't come deliver in suspense, and there is a twist close to his intense, over-the-top Scarwhich saves the film from becoming just face. Barkin is well cast as the sexy another piece of Hollywood crap. I mystery woman. She comes across as wouldn't rush out to see it, but if you've having both an emotionally dark side, and gone to everything else and you still want a menacing physical presence. As to see a film and not feel like you've Pacino's buddy-cop, Goodman fills the thrown out your money, then Sea ofLove role well. Aside from getting some of the is a completely acceptable piece of enterfilm's best lines, Goodman is a naturally tainment. And if personal experience is likeable character, as any fan of T.V.s any indication, you'll probably walk out Roseanne can testify. humming the title song and wondering The problem with Sea of Love is that where you can get hold of a copy. (Sea it's quite the surface film: what you see of Love is rated R and contains violence is what you get. The filmmakers had the and nudity). October 25,1989 The Opinion — — 9 �COMMENTARY CDO Fails To Reveal The True Art of Interviewing This is an expose designed to descend down into the bowels of the thorny problem of job interviewing. We will address problems never dealt with by CDO. This first issue what you should wear to the interview. — We all know what the conventional view is on this issue. But here are a few novel ideasthat have worked well for me. When I'm interviewing with a really big firm that I know has high expectations, I dress up in a mechanic's monkey suit and cover myself from head to toe with grease. I bolt into the interview with a carburetor in my hand and explain that I'm late because I had car trouble on my way to the interview and I had to overhaul the engine unexpectedly. This showed the interviewer that I am versatile, knowledgeable and effective in 'crisis management.' A word of warning is in order here. by Gary B. Ketchum Do not assume that the interviewer is abundantly endowed with a sense of humor. Once I charged into the interview, as described above, carburetor in hand, and blurted out, "I think I was able to fix your car." The interviewer stormed out of the room before I could tell her I was just joking. Of course there's no sense talking about second interviews when you blow-off the first one. Just go into the interview with the greased-up monkey suit and the carburetor, and don't try to be funny. Don't Be Confrontational Some techniques simply don't work. I know. I learned the hard way. Hopefully you can learn from my mistakes. DO NOT CHALLENGE THE RECRUITER TO AN ARMWRESTLING MATCH in order to prove your adversarial prowess. I used to regularly incorporate this technique into the interview in my early days. Usually I'd insert the proposition in a very subtle way so the interviewer never knew what happened. For example, when the interviewer pointed out some of the weaknesses in my resume I'd come back with something gossamer like, "OK, if you're so smart let's see if you can beat me armwrestling." The next thing you know, we're stretched out across the table, embroiled in a winner-take-all skirmish for the job. There are very serious drawbacks to this approach. First of all, invariably there is no neutral judge present who can certify the winner. On several occasions I know, for a fact, that I had won, that I had taken the interviewer's hand all the way to the table.But she simply denied it and I was robbed of the victory. The better approach is simply to challenge them to a game of Monopoly. This way, when you win, it will demonstrate your ability to make moneyfor the firm (just make sure you're the banker). Etiquette The next piece of advice is a bit unpleasant but it needs to be said. Do not 'cut wind' in the interview. This may seem terribly obvious to most of you but there is a small band of logical positivists out there who subscribe to the view that this is permissible so long as you don't make any noise. A cursory examination of this argument will reveal the flaws in the reasoning. In the first place you never know, in advance, if it will make any noise. Furthermore, such reasoning presupposes that the interviewer suffers from some sort of olfactory disability, even if no sound accompanies the tortious act. Trust me on this one. It's not worth it. You've come this far, so why throw your whole career away just because of one incontinent moment in an interview? It's better to take every conceivable precaution against this possibility. Some of the most widely circulated magazines advertise products that can help squelch this problem. Two magazines in particular, "Sorcery, LTD" and "Heresy Unlimited" advertise a product known as the "Tourniquet Kit." It's not a comfortable contraption, but it works. It's worn under the clothing, so The Opinion October25,1989 10 the interviewer need never know you're using it. It is also available in the "Dual Purpose Model" to address the belching problem as well. Medical experts do advise against its use, but you know what alarmists they are. Trust me, this baby works. One persevering job applicant used to bring ducks to all of his interviews. According to him, this approach served a multitude of purposes. It masked the olfactory component of the problem, while at the same time providing a scapegoat for the noise element of the problem. I've tried this approach, and with considerable success. In fact, on several occasions it served a third purpose as well. The interviewer was so distracted by the ducks that she never noticed the encrusted food stains on my tie from several weeks earlier. Furthermore, if you're ever in one of those situations where the conversation runs dry, the ducks tend to keep things moving right along at a reasonable pace. In each of those cases which I've mentioned I got a call-back for a second interview (although I must say that I thought it was rather inappropriate for them to conduct the interviews at the Buffalo Psychiatric Center). In any event, if it works for you, go for it. 'Nough said. Overcoming the Language Barrier Don't be afraid to throw out a few Latinate legal terms in the course of the interview. Most applicants either never think of using this device or are timid about employing it. It works. For example, whenever I'm asked what the 'Q' grade means, in normal academic parlance, I plead res ipsa loquitur. As you may recall, this raises the ipso facto rebuttable presumption of the law school's negligence, and shifts the burden to them for an exculpatory explanation, since they are in exclusive control of that instrumentality. When ever an interviewer asks me why I've had 15 jobs in the last 20 years I respond with: "Nobiliores et benigniores praesumptiones in dubilissunt praeferendae," which means: "In cases of doubt, the more generous and more benign presumptions are to be preferred" (Black's Law Dictionary at 944, A civil-law maxim). Once I was asked by an interviewer, "Isn't that a seven day old food stain running down the front of your jacket?" My response was swift and authoritative, "Nolo contendere." Although this is similar to a guilty plea, it means thatthis adjudication can't be used against me in the second interview or in subsequent interviews with other firms. The interviewer was impressed with my fluency in Latin and my ability to think on my feet. She obviously knew the legal significance of my astute maneuver. While it is true that I did not get a call-back for a second interview in that instance, I'm convinced that the reason for this is that I had neglected to tie one of my shoelaces prior to the interview. The interviewer apparently felt that this represented an irrebuttable presumption of carelessness on my part. There's a lesson to be learned here. Use lots of Latin in the interview, and whatever you do, make sure your shoelaces are tied. A word to the wise should be sufficient. 'Nough said. Do Your Homework Make sure that when you research the background of the firm, you also research the individual whom you are scheduled to meet with. There are two important reasons for this. The first, has to do with the strength you present in the interview when you are fully prepared. For example, in one particular interview, while I was being raked over the coals about a weakness in my background, I made full use of my research material on the interviewer. Remaining calm, I leaned my chair back against the wall, kicked myfeet up on the table and pulled out the 'rap sheet' I had on the interviewer. With the authority of a seasoned DA I pressed the interviewer against the wood as I launched into my counter-interrogation with: "Ms. Jones, isn't it a fact that in the third grade you were excessively tardy for school, and isn't it a fact that in that same year you received two low conduct marks on your report card?" This decisive rebuttal had the effect of putting me back on top in the interview. The interviewer not only respected my preparedness; she envied my style and facility. She was impressed with the deftness of my quick drawwith the ad hominem, a tactic which has immense value in litigation when trying to melt down a hostile witness for impeachment purposes. Needless to say, I got the job but I ended up turning it down because I didn't like the idea of working for an organization called, "The Charles Manson Liberation Front." Which brings me to the second reason for doing exhaustive research prior to the interview. Know who you're dealing with before you walk into the interview. I will relate a personal experience which is illustrative. I once went through seven call-back interviews with an outfit before I realized that the interviewer wasn't a recruiter for a prestigious law firm, but was, instead, a foreign subversive, sent here as a spy to gather information on this law school's testing and grading policy, for use in his own country in an oppressive campaign to crack down on intellectual troublemakers. Why they thought I was privy to such classified and highly sensitive information I don't know, but I can see how the information could do some damage if it fell into the wrong hands. Of course, if I had done my homework I would have known from the outset what was going on. The outfit's portfolio at CDO clearly stated that the firm was actively engaged in hooliganism and that they were looking for disgruntled reactionaries for a part-time position as inter- rogatees. Why they thought I was a disgruntled reactionary I'll never know. But if I had been armed with this information at the beginning, I would have foreseen the possibility that the sixth and seventh interviews were going to entail the rack and screw approach to the inquisitorial process. I can't overemphasize the importance of this advice. One unwitting student attended a blind interview and was never heard from again. A search of the CDO records indicatedthat hehad applied for a legal position with a firm that specialized in missing persons work. If he had done his homework he would have realized that the ambiguity in the language, was an ill-omen as to which side of that issue the firm represented. Forewarned is forearmed. 'Nough said. I've tried to survey some of the most pressing problems that confront law students in their pursuit of the great American dream law firm. Unfortunately, I will be unavailable for counseling this semester, but I encourage everyone to buy my soon-to-be-released book, entitled: "None Dare Call It Reason" (I am considering an alternative title, "/ Dare You To Call This Reasonable"). This book will make a fine companion to my earlier book, "Transcending the 'Reasonable Person' Model," which was an excursion across the glacier of law school academia. The central theme of my new book is a simple one: Head hunting doesn't have to be a cannibalistic affair as long as you have the good sense to get out of the kitchen when you see that the natives are acting famished. I hope these inside pointers will be of some help to you in the future, and Happy Hunting. '... More From The Opinion Mailbox What Do Liberals Really Accomplish? To the Editor, I often wonder if people have their priorities straight at SUNY Buffalo Law School. During the one and a half years I have been at this law school I have witnessed, read, or heard about numerous student or faculty-led protests concerning issues such as the the Judge Advocate Group, the FBI, grape growing in California, Judge Rehnquist, Crawdaddy's Restaurant, and animal rights. Not one of these student or faculty-led protests has done anything to change the status quo. The Judge Advocate Group's and the FBl's hiring policies have not changed one iota since the protests began. Grapes grown with the aid of allegedly harmful herbicides still exist in California. Judge Rehnquist is still on the bench. Crawdaddy's Restaurant is currently conducting a thriving business down by the Buffalo Waterfront. And there has been absolutely no change in the way animals are being treated in the world at large. Given this track record, there also seems to be no reason to believe that stepped-up university-wide protests in the above areas will accomplish much in the future. In fact, it seems that these protests, however well-intentioned, have actually done more harm than good. It is no secret that this Law School's nationwide rankings have plummeted from Seventeenth to approximately Thirty-Ninth during the last couple years. And I think it is fair to say that the Leftist image that this school has can be credited with the blame for part of that decline. Virtually every lawyer I talked with while I was working at the Erie County District Attorney's Office criticized the Left-leaning ideology prevalent at this Law School. I question the value of these protests even more when I look to the so-called "merits" of some of these issues. In particular, it is hard for me to see the "merit" in barricading doors, banging on pots and pans and screaming slogans at a handful of FBI Agents every time they come to this University in order to give a recruitment speech. This behavior serves only to burden students who truly wish to become members of the FBI. The protester's points can be made without resorting to such barefaced, raw tactics of intimidation. I also question the "merit" behind protesting Crawdaddy's restaurant. Not once didI see or hear any documentation supporting the alleged charges of racism at Crawdaddy's. Given this lack of documentation, I see no value in trying to destroy or tarnish the reputation of one of the restaurants being counted upon to help restore economic vitality to downtown Buffalo. But what really makes me wonder about these protests is the way they are treated as priority issues at this school. I hear all about how "outrageous" it is that President Sample allows the FBI to come and try to recruit students here but I never hear or see any protests about the atrocities committed in China, the horrible treatment of the people of Eastern Europe, the butchery committed by the Soviet Union in Afghanistan, starvation in Ethiopia, or the greedy, murderous exploits of the drug kingpins in Columbia. Yes, I do recognize thatthere was a recent protest regarding events in China on this campus but it is true thatthat protest was not originated by any law students. I also recognize thatIsabel Marcus,a lawfaculty member, to her credit described her horrifying experiences in China on a local newscast earlierthis year. However, such protests regarding the above issues are relatively rare on this campus. Furthermore, I don't even hear or see any protests about issues that ought to be of local university concern, e.g.,the parking problem and the lack of trees or greenery on this campus. Is the plight of the grape growers in California (by the way I have also seen no documentation on this issue) really more significant than the plight of the people in China, Poland, Ethiopia, or Columbia? Should we really be spending our time protesting the JAG Corps, the FBI, and Crawdaddy's Restaurant when we could spend it on other issues of local concern where we might have more chances of success? I think not. Christopher D. Porter Second Year Law Student Federalist Society Treasurer �Greenhouse Effect Program Highlights BELS Semester The Buffalo Environmental Law Society (BELS) is joining with the UB Recyclers, Environmental Studies Group, Conserve UB and Campus Ministries in an ambitious project to inform the entire campus of the dangers posed by C02 emissions. The Union of Concerned Scientists has declared November 6-12 to be National Week of Education About the Greenhouse Effect and Global Warming, and the BELS/ Recyclers coalition is formulating a plan of action to coincide with over 200 campuses nationwide. by Jim Monroe Staff Writer Monday, November 6kicks off the week with an Amherst campus procession beginning in Founders Plaza and featuring Charlie Keil's percussion ensemble and a monsterous barbell depicting the 20 ton average yearly, single person contribution to carbon dioxide emissions. Simultaneously, the parade will provide leaflets with pertinent information. Throughout the week posters created by artists from the UB Art department and Maple Elementary School East will be plastered from one end of the campus to the other. A Tom Toles environmental cartoon exhibit will be shown in Capen lobby and Conserve UB will issue a report quantifying the University's yearly damage in C02 emissions. Walter Simpson's (Conserve UB) booklet, Greenhouse Blues; "Energy Choices & Global Warming" will be published and distributed the week before the event in order to prepare participants for the forthcoming dialogue. Tuesday, November 7, Lou Gold will be speaking at 7:30 p.m. in Woldman Theater in Norton Hall. Mr. Gold has been called the new Johnny Appleseed and will present an inspiring slide show about conserving the ancient genetic resource in the Siskiyou Mountains in the face of a gluttonous timber industry and a faltering federal administration. Wednesday, November 8 from 3:00- . Civil Rights -decision gave new hope to the cause of civil rights in America, it was unsure of itself and wavered a bit. Although it gave us insight into the thought that "separate by equal" was inherently unequal, Professor Freeman cautions the celebrated attitude the Brown decision evoked, stating it served only to cloud the entire issue of anti-discrimination. The language in the Brown opinion conveys this sentiment: "We conclude that in the field of public education the doctrine of separate but equal has no place. Separate facilities are inherently unequal." While this opinion does not truly offer any real solution to the larger substantive problem of race relations in the United States, it indecisively moves towards an attempted solution. The questions raised but unanswered in the "Era of Uncertainty" soon gave way to the "Era of Contradictions" from 1964 to 1974. Professor Freeman classifies this period as leaving "desegregated schools from page 1 while leaving the victims in the same status as before." The "Era ofRationalization," from 1974 to 1984, began with the courts refusal to extend desegregation in a Detroit suburb in Miliken v. Bradley. Professor Freeman sees this period as "typical of the perpetrator perspective," in that remedies to civil rights problems, especially affirmative action, preserved "an illusion of substantial progress while avoiding latent contradictions." This brings us to date, well into the "Era of Denial" commencing in 1984, where "affirmative action remedies have become just as suspect as the racism they were originally invoked to combat." From 1984, there has been a progressively growing interest with reverse discrimination, the effects of which are yet to be seen. Professor Freeman's article is edited by Kairys and will be available sometime next year. 5:00 p.m. in WoldmanTheater professors Charles Ebert (Geography), Les Milbrath (Political Science), Paul Reitan (Geology), and Fred Snell (Biophysics) will participate in a panel discussion on energy choices in the face of global warming. State Senator John Sheffer will give a keynote address, his schedule permitting. Planned for the end of the week are visits by the utilities companies to set up their home energy conservation displays and a Campus Ministries presentation concerning the spiritual crises associated with spoiling the planet. Industrialists like to insinuate that controversy exists within the scientific community as to the possibility of a Greenhouse Effect. In fact, a Greenhouse Effect is exactly what keeps this planet habitable. The problem with C02 emissions is that they increase the thickness of the blanket already protecting us while causing no reduction in the amount of heat entering from the sun. The scientific controversy actually revolves around the exact effects of our polluting behavior. Optimists claim there is a good possibility that a combination of oceanic absorption of C0 2 gases and increased cloud cover caused by a slight warming will temper the negative effects and keep most of the planet safe and livable. Pessimists and pragmatists see the projected 9 degree Farhenheit increase in average yearly temperature over the next 25-50 years as both devastating and irreversible. To these people the only solution lies in an immediate global lifestyle change that should begin in the U.S. simply because here, 3% of the world's population contributes 25% of the emissions. Further, the clear cutting of the tropical rainforests all over the world by the Japanese, McDonald's, Burger King, and the pulp industry must immediately cease. These giant green forests are the lungs of the planet, breathing C0 2 and emitting oxygen. The panel discussion offered by the coalition on November 8will assess some of the damage and offer ways in which society can remain mobile, warm, and smoothly functioning while limiting the irreversible problems created by the "use of the atmosphere as a sewer." To get involved or for further information contact Jim Monroe or Jennifer Latham. . Pro Bono with for mandatory pro bono work requirement for lawyers by the fact that our society has evolved in a way that makes access to legal services increasingly crucial to handling the emergencies which routinely beset poor persons. The poor live in circumstances in which they need legal services more, but financially cannot obtain them. A recent "New York Legal Needs Study" indicatesthat 58% of the low-income households in New York had at least one civil legal problem in the past year for which they had no legal assistance. Typically, their needs for legal services dealwith access to theessentials of life: shelter, minimum levels of income and entitlements, unemployment compensation, disability allowances, child from page 3 support, education, matrimonial relief and health care. The ability of the poor to assert claims relative to the above categories has been gravely impaired by their lack of access to legal services. Faculty Report from page 1 orientation, are unrelated to performance and provide no basis for judgment." It was not clear what effect, if any, the resolution would have on employer recruiting practices at the university, nor was it clear whether the resolution constituted an endorsement of the Law Faculty's suspended policy prohibiting the use ofC.D.O.facilities by employers which discriminate against homosexual students. New York Bar Review Course Summer 1989 Enrollments 4,000+ 12,000 fflswrm Pieper BAR REVIEW gsjr \S\J I** »«?» Again this summer, BAR/BRI prepared more law school graduates than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course © «89barbri October 25,1989 The Opinion 11 �1989 FALL SEMESTER DISCOUNT WHEN YOU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, NEW HAMPSHIRE, MAINE, VERMONT OR RHODE ISLAND BAR REVIEW. A $50 REGISTRATION FEE SECURES THE CURRENT DISCOUNT TUITION OF $995 IN NEW YORK, $845 IN NEW ENGLAND AND $745 IN NEW JERSEY. BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ ™ SAWs?sois M <> N -> NOV.I ST E 415 SEVENTH AVENUE, SUITE 62 NEW YORK, N.Y. 10001 (212)594-3696 (201)623-3363 (516)542-1030 (914)684-0807 FAX: (212) 643-9460 20 PARK PLAZA, SUITE 930 BOSTON, MASS. 02116 (617)437-1171 (203)724-3910 FAX: (617) 437-0698 © 1989BAR/BRI 12 The Opinion October 25,1989 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-10-25 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f4a2d62e6401cc942b0a1c1806aa465d.pdf 896a40ab655d8ee3127c789bc5829a68 PDF Text Text THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 30, No. 5 October 11, 1989 O'Neill Opens Distinguished Speakers Lecture Series On Tuesday, October 3, 1989, Thomas P. (Tip) O'Neill opened ÜB's Distinguished Speakers Series at Alumni Arena. The former speaker of the House of Representatives spoke for over one hour before answering several questions from the audience. budding in Eastern European nations, O'Neill commented, "We can do little more than shout encouragement because we're short of cash." by Maria Germani Beginning his political career as a representative to the Massachusetts state legislature, O'Neill eventually occupied Jack Kennedy's place in Congress, where he ultimately became Speaker of the House a position he held from 1977 until his retirement in 1987. O'Neill spent fifty uninterrupted years in politics, not once losing an election. His career spanned the duration of eight presidential administrations. A delightful storyteller, Mr. O'Neill began the evening with a recollection of an amusing conversation which transpired between himself and John F. Kennedy on January 19, 1961 —President Kennedy's Inauguration Day. O'Neill revealed the absolutely trivial thoughts of a man who is being sworn in as President of the United States. The ex-speaker then discussed America's recent past, as well as concerns the United States should be addressing in the future. Pleading "guilty" to being a "big spender" throughout his political career, O'Neill spoke of the effects of the deficit incurred by the United States a recurring topic he addressed throughout the evening. O'Neill stated that America's "don't worry be happy mentality" of the Reagan administration, one in which "we only thought of today" has resulted in the one which is tripling of the deficit "slowly undermining America's leadership." Noting democratic reforms are — — — Tip O'Neill at Alumni Arena The ex-Speaker's dominant message of the evening was one that called for America to stop borrowing from the future and start investing instead. America "needs to invest in new technologies." Several times throughout the evening, O'Neill pointed to the paths Japan and other Asian countries are taking into the future. While military or space programs account for 93% of new research conducted by the United States, Japan commits 98% to "new priorities." O'Neill stated, "We have to maintain our educastrength, but eliminate waste tion is key to success." "Japan is doing it right," noting the greater number of hours per week Japanese students spend in school compared to their American counterparts. "Human resources matter as much as natural resources." "The deficit makes it difficult for us to compete." What O'Neill alluded to was America's competition with Japan come 1992, the year of market unity by twelve member nations of the European Community (E.C.); a creation which will form the world's largest market and trading bloc. ■European technological vacuums in such — fields as computers will result in competition between fat cats like America's IBM and Japan's Fujitsu, that is, until the mostly Western European nations which comprise the E.C. research and develop their own superior goods. On the homefront, O'Neill gavefleeting attention to race relations and the Supreme Court. The ex-Speaker declared race relations "90% better." He passingly noted domestic concerns such as crime, failing educational systems, environmental problems, illiteracy, drug abuse, and other prevailing woes afflicting the United States. The ex-Speaker displayed tremendous approval and confidence in President George Bush's "friendlier and less partisan" approach to alleviate these problems. He called for "competence, not ideology." Polarization of issues, especially prevalent in the Reagan era, is something to shun, especially in light of Gorbachev's potential political perishability. "It's in the best interest of all of us that Gorbachev stays in his position." While criticizing the financial and domestic condition resulting from Reagan's ad- ministration, (tripling of the deficit, world's largest debtor nation, more crime, drugs and homelessness), O'Neill remarked that Reagan's legacy was foreign affairs. "He's cooled the Cold War." The major clean-up of Congress that O'Neill would like to witness is election reform. The ex-Speaker is adamantly opposed to the election war chests incumbents raise and rely on for re-election, as well as the discouraging affect on challengers, who have everything it takes, but the money. He would ultimately like to see the death of Political Action Committees' contributions to Congressional elections, as well as a limit on the amount of money candidates may spend. O'Neill has discovered "a whole new life at the age of 77." These days he can be seen appearing in ads for such goods as creditcards and beer, and commercials for motels. While he confesses to "missing leadership," O'Neill doesn't seem to mind playing the lobbyist role for a change, nor the handsome pay that accompanies it. The Opinion Wins ABA Award! by Bruce Brown News Editor The winners of the 1988/89Law School Newspaper/Magazine Competition have been announced and we are pleased to report that The Opinion has taken second of Daniel Ibarrando Cruz, Editor-in-Chief, Alexei Schacht, News Editor, Donna Crumlish, Managing Editor, Andrew Culbertson, Features Editor, Damon Scrota, Layout Editor, Maria Rivera, Business Manager and Jeff Markello, Photography Editor. Loan Forgiveness Program Sought The Buffalo Public Interest Law Program has focused on the implementation of a Loan Repayment Assistance Program (L.R.A.P.) for the U.B. Law School this year. 8.P.1.L.P., headed by Graduate Assistants Chris Thomas and Kathleen Welch (both second year law students) has conducted preliminary meeting with other law students, and a task force has been formed for the research and advocacy of a "U.B. specific" L.R.A.P. plan. by Mary Clare Kane Having finished conducting a four year survey of U.B. law students, their career plans and debt burdens, 8.P.1.L.P. begins its campaign forthe actual establishment of a L.R.A.P. at U.B. Law School. General goals for the semester include the advocacy within the law school and the local legal community for an L.R.A.P. plan. The research division of the task force will be studying L.R.A.P. plans which have been established at other law schools, drafting an "options paper," and writing a proposal for a program at U.B. A Loan Repayment Assistance Program is basically another form of financial aid. It differs from otherfinancial aid packages in that it begins after graduation, it is contingent on the type of employment the graduate accepts, and varies with the graduate's salary. Qualifying employment in most L.R.A.P. programs includes legal work for the government, legal services work, or work for a non-profit organization as defined in sections 501 (c) (3)-(5) of the Internal Revenue Services Code. Examples of such work are the NAACP Legal Defense and Education Fund, the National Coalition for the Homeless, and other Legal Aid Services. In 1974, the first L.R.A.P. program was established at Harvard Law School. Since 1974, twenty other law schools have implemented L.R.A.P. plans, among them New York University, UC Berkeley (Boalt Hall), and the University of Michigan. In 1988, the State of Maryland enacted a statewide loan repayment assistance program, which gives priority to legal services lawyers but also is open to social workers, nurses and other people who choose careers in the public interest field. "The success of the Maryland campaign is clearly the result ofcollective efforts on the part of a coalition comprised of lawyers from the legal services community, law students, the private Bar, public interest groups and influential leaders," said Kathleen Welch, who noted that "similar legislative campaigns are underway in at least four other states." Statistics demonstrate that our legal system is producing more and more lawyers, yet a vast number of citizens are without adequate legal counsel. Fewer (continued on page II) The 1988-89 Opinion Editorial Board and Staff place in the Class B division (schools with more than 750 students) forthe best overall newspaper in the country. First place went to the Harvard Law Record, from Harvard University. The Stanford Law Journal, from Stanford University, won the best overall newspaper prize in the Class A division (Schools of 750 or less) and went on to win five awards in total. The contest was sponsored by the American Bar Association's Law Student Division and winners were announced at the annual LSD conference in Washington, D.C. The variety of subject matter covered by the winners showed the wide range of issues faced by law students and law schools today: scare tactics used by a study aids company, faculty diversification, AIDS, military recruiting and discrimination. Last year The Opinion was guided to success by an editorial board composed HIGHLIGHTS Supreme Court to hear case concerning the administering of anti-psychotic drugs to prisoners against their will pg. 3 The release of Dr. Morgan from prison after two years forces courts to take a new look at civil contempt issues pg. 4 The second part of Isabel Marcus' narrative of her summer stay in China the troops move in pg. 5 . ... �(i?ip m *y\y T'sni ° REGisTRAri N must mmwm ii/i/89 w& The Pieper Course Includes: ft Complete m,^^^^^^^m —*<% WITHTHE )**h h DTyUyD m mmMm ■■■If saj nU I <& writing # Multistate Practice and Exam Multistate Professional Responsibility Exam afjalj Multistate Volume ■& Afeo; J&rfc iaw Volume ¥C II I" |l|f Hi ■P Law students discount of $125 will be deductedfrom the cost of $1,075 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1989. * Professional Responsibility M JOtUl ll€p€r S IIUS r Clnoo CiiifinnfD iH'KjIQSS UUiU(MLt — For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 The Bar Course That Cares. 2 The Opinion October 11, 1989 �NLG Revives JAG Corps Issue At Faculty Meeting The National Lawyers Guild is trying to refocus attention on the Law School's Non-discrimination policy. On Fri. Sept. 29, at a meeting of the Law School Faculty, Mark Schlecter, an NLG spokesperson, gave a presentation which encouraged the faculty to "become as vocal as the law students and undergrads" on the issue of employment discrimination. At the end of the spring semester Sample then concluded that, in placing "sexual orientation" on the list of groupsthat employers were prohibited from discriminating against the Law School had overstepped its authority. by Bruce Brown News Editor In the fall of '88 the term "sexual orientation" was added to the faculty statement against discrimination. This action had the effect of preventing employees such as the Judge Advocate General Corps of the United States Armed Forces from being able to recruit on campus. Although the Law School had set its own policy on employment discrimination for 14 years, adding items such as "marital status" without objection. University President Steven Sample placed the law school policy in abeyance last February to clarify the jurisdictional issue. Mark Schlecter The University administration's action against the Law School faculty triggered the formation of what Schlecter referred to as a "non-violent movement" to pressure Sample and raise public awareness of "a rise in homophobic literature and attacks." The most dramatic action of this "Anti-Discrimination Coalition" of law students and undergraduates in the Law School was a demonstration which blocked an attempt by the FBI to recruit on campus last April. At the meeting Nathaniel Charny, speaking on behalf of the NLG, tried to prod the faculty into action by stating that it has yet to respond to Sample. Specifically, the NLG wants the faculty to write a position paperto denounce and counter Sample's actions, andform a litigation/action committee to research the possibility of "litigation to achieve the goals of the Law School's Anti-Discrimination Policy that was taken away by President Sample." The reactions to the presentation were varied. Dean Filvaroff felt there was no need for a position paper saying that the Administration is "well aware of our position on this" and not likely to change their mind. Prof. Mensch favored the idea of litigating the issue, saying "maybe we should start a lawsuit." She also said that Prof. Freeman had been doing some preliminary research into the issue and would be willing to work on it. Prof. Thuronyi raised the voice of caution; he thought the idea of a lawsuit was "not such a good idea." Troy Oeschner, another NLG spokesperson, felt that with the current mood in the Federal Courts, a legal action may be of "limited value." The faculty, he felt, should resort to basic organizational techniques to pressure Sample to adopt the policy, by identifying like minded faculty and approaching alumni to limit contributions. Prof. Meidinger voiced support for a strong university-wide anti-discrimination policy, but reminded the NLG that divestiture has its costs. Finally a motion was made by Prof. Joyce to form a committee to look into the various possibilities. The motion passed on a voice vote in which it appeared that Prof. Reis was the only nay vote to be heard. Supreme Court To Hear Important Case On Prisoners' Rights Can prison inmates be given antipsychotic drugs against their will, without a judicial hearing? This is the issue in one of the cases being argued before the U.S. Supreme Court today. Washington v. Harper is on appeal from the Washington Supreme Court (110 Wash 2d 873) and is yet another case concerning the limits on procedural due process. by Donna Crumlish Editor-in-Chief Walter Harper served four years in the Washington State Penitentiary where he voluntarily underwent antipsychotic drug therapy. He was paroled in 1980 on condition that he participate in psychiatric treatment but had his parole revoked in 1981 when he assaulted two nurses. Harper was sent to the Special Offenders Center (SOC), a special corrections facility established to provide diagnosis and treatment of convicted felons with be- havioral or mental disorders. Harper voluntarily submitted to antipsychotic drug treatment while at SOC but refused to continue in November 1982. In accordance withthe SOC involuntary medication policy, an in-house hearing took place and it was decided that Harper be given the drugs involuntarily. Harper appealed the decision to the reformatory superintendent who upheld the involuntary treatment. Harper was in- voluntarily medicated until 1985 when he brought this action for injunctive and monetary relief. Harper's main contention is that the SOC involuntary medication policy fails to provide adequate due process protection, because it does not provide for a judicial hearing. The Washington Superior Court wrote a decision in favor of the State but the Washington Supreme Court reversed and granted Harper relief. The Court based its decision partly on the highly intrusive nature of the antipsychotic drugs and their "adverse, potentially permanent side effects." Although antipsychotic drugs have proven benefits to the acutely ill. Were Children Killed Because of System's Ineptitude? On the afternoon of July 20, 1989, an Erie County Department of Social Services worker, detectives and police arrived at Barbara James' apartment on Buffalo's east side. Barbara James came out of her apartment, with bloodstains on her sweatshirt, and told a detective she had killed her children. Inside the apartment paramedics found the bodies of two of her baby daughters, Brittany James, 6 months, and Victoria James, 18 months. She had slashed their throats with a razor and then drowned the infants. Her son by Maria Schmit David Gottwald, 9 years, had been picaxed in the back of the head and had his throat slashed. David survived the attack and is now living in a foster home. The worst part of this tragedy is that it was foreseeable and could have been prevented. Relatives and friends had tried to help. They knew something was drastically wrong and called Social Services who they thought would act upon their warning. Unfortunately, they placed their trust in the wrong people. Reports were taken and filed, but not acted upon. And then it happened, Barbara James did what she said she would do. Now Barbara James sits in the Erie County Holding Center charged with 2 counts of murder and 1 count of attempted murder, while psychiatrists for the prosecution and defense argue over whether she is competent to stand trial. But, it is the competency of Erie County Department of Social Services that must also be questioned. There were severe warning signs that went out prior to the July 20th attack sending a clear message that Barbara James and her children were in serious need of help. Yet the loud and clear cries for help went unheeded. The James family had a thick file in the records of the Department of Social Ser- vices. After thebirth ofboth her daughters Barbara James went into postpartum depression and attacked her husband with a knife. Following the birth of her second daughter, she spent time in the psychiatric unit of Erie County Medical Center. In May 1989, her husband Allan James was picked up on an outstanding parole violation in Pennsylvania. He was sent back to Pennsylvania to serve time. While her husband was in jail her mental condition began to decline. Months before the attack, Mrs. James' parents called the Erie County Department of Social Services from their Pennsylvania homeand asked theDepartment to remove the children because their daughter was unstable and using alcohol and drugs. On July 14, just six days before the attack, David Gottwald locked his mother and step-sisters out of the apartment and called the police. He told the police he did not want to stay with his mother. At 10:30 p.m. the police arrived, let Barbara Jamesand the babies into the apartment, took a report and left the scene. On July 18, two days before the attack Social Services received a letter from a neighbor of the James family. The letter asked Social Services to take the children. Days before the attack Barbara James began calling Cami Benkert, her sister-inlaw in Virginia, and stating that she was going to kill herself and the children. Cami Benkert called the Erie County Department of Social Services and Child Protective Services on several occasions and told them Mrs. James threatened to kill the children. The day before the attack Social Services sent a case worker to the James' apartment. The case worker told Mrs. James that Social Services were going to return the next day and initiate a Family Court proceeding. That evening Barbara James went to a pay phone and called her sister-in-law. She told her a case worker had been to the home and told her they were coming the next day to take the children and put her back in a mental institution. Again she made her threat. It was after 5 p.m. and Social Services were closed for the evening. Cami Benkert felt this threat was very serious and called a case worker at home. Someone answered the phone and told Mrs. Benkert not to disturb workers at home; call back at the office during working hours. Early the next morning Cami Benkert received another call from Mrs. James asking her to come and get her. Mrs. Benkert, who had other family responsibilities and little money, said she could not come immediately. Barbara James said she was going to kill the kids and hung up the phone. Again Cami Benkert called Social Services. A case worker took a report and told her they would send someone out, sometime during the day to check out the situation. Mrs. Benkert called again later to make sure the call was being followed up; no one answered the second time. That afternoon Mrs. Benkert received a call from Social Services saying they got there too late. This was a serious problem that was ignored and re-ignored until it was too late. It is because of a whole Department's irresponsibility and inactionthat two children are dead. Nine year old .David Gottwald is recovering but will be traumatized for life. There is also a woman who needed mental help who was left in a situation that she should not have been in. In a sense Barbara James is herself a victim; a victim of a bad system. She needed help and was reaching out for help. Family and neighbors tried to help but they placed too much trust in the wrong hands. Barbara James committed a horrible act. However, a serious crime was also committed by the Erie County Department of Social Services the crime of omission. Social Services should have to answer for this tragedy. — there are common unpleasant short term side effects and potentially permanent tardive dyskinesia (an irreversible neurological disorder characterized by uncontrollable movements of the tongue, mouth or jaw). The Court found that people have a fundamental liberty interest in refusing antipsychotic drug treatment and that the liberty interest survives criminal conviction and incarceration along with involuntary civil commitment. The State conceded that there was a fundamental liberty interest but argued that the interest was adequately protected by the SOC in-house hearing. SOC hearings are held before a committee composed of a psychiatrist, a psychologist and the SOC associate superintendent. A majority of the committee must find that the prisoner suffers from a mental disorder gravely disabling him or causing him to present a likelihood of serious harm to himself or others, before the prisoner will be involuntarily medicated. The psychiatrist must be a member of the majority vote. The hearing process does provide some procedural protection: 24 hour notice of the hearing, right to be present and present evidence (including witnesses), right to cross-examine, the assistance of a lay advisor, the right to appeal the decision to the SOC superintendent, and the right to periodic (bi-weekly) reviews of the initial hearing. The Washington Supreme Court however felt that some important procedural safeguards were missing: the SOC hearing does not allow representation by counsel, the rules of evidence do not apply, there is no opportunity for outside (judicial) review and the prisoner's former treating physicians are allowed to sit on the periodic review committee. The Court did concede that there are times when antipsychotic drugs may need to be administered involuntarily but held that the State must show a compelling state interest in the administering of the drugs and that the administration of the drugs is both necessary and effective for furthering that interest. The case has drawn amicus curiae briefs from more than two dozen mental health organizations, hospitals, states and the federal government. LABOR LAW SOCIETY presents Brown Bag Lunch Series Prof. Judy Scales-Trent will speaffc*on: Employment Discrimination and Recent Supreme Court Decision! Thursday, October 19th at 12:00 P.M 4th Floor Student Lounge. Pizza and Soda will be served. October 11, 1989 The Opinion 3 �Dr. Morgan's Release Highlights Civil Contempt Issues Elizabeth Morgan is a free woman. This is quite an extraordinary event foranyone incarcerated for a significant amount of time after being afforded a trial. It is an even more significant event for someone who sat in a jail cell for twenty five months sans examination and determination by due process of law. Ms. Morgan was not in jail for a criminal act she committed. Rather, she has been in jail for something she failed to do. Two years ago Ms. Morgan was held in contempt of court for failing to disclose the whereabouts of her then 5 year old daughter Hilary. Dr. Foretich asked Judge Dixon to hold her in contempt for disobeying court orders. The judicial volley continued until Dixon ordered that Foretich be allowed a two-week unsupervised visit. Ms. Morgan attempted to bar the visit, alleging that after previous visits with herfather, Hilary displayed "suicidal behavior." Upon the court's rejection of her plea to bar the visit, Morgan placed Hilary in hiding. The Morgan case is a lesson in evidence, and judicial procedure, wrapped in a bitter child custody dispute. Errors are inherently a part of our judicial system, and there is more potential for them in.an area of law where the governing rules are broad, and leave critical decisions to the sole discretion of the presiding judge. Evidence law teaches us that a judge makes a preliminary determination of what parties can admit as evidence. Judge Dixon was not satisfied with Ms. Morgan's proof of Dr. Foretich's sexual abuse of Hilary. Ms. Morgan complains of Judge Dixon's refusal to allow testimony that corroborates her charges. Whether Judge Dixon abused his discretion in excluding the proffered evidence is an issue to be resolved upon review of the case before a higher court, not upon review by 535 members of Congress. Is it possible for a 2 1/2 year old child to give verbal indications of sexual abuse as Ms. Morgan alleged? What kind of "suicidal behavior" does a 5 year old display? Can the average 5 year old understand the concept of suicide? According to Prof. Charles Ewing, suicide among children that age is "virtually unheard of. It takes more than the abuse Ms. Morgan is alleging to drive a 5 year old to suicide." Prof. Ewing further commented that "even depression is unheard of." Prof. Ewing described Ms. Morgan's actions and allegations as "almost heretical" and "totally bogus. She is abusing the child." by Maria Germani On September 23, 1989 President Bush signed a law which puts a one year limit on the length of time a person can be jailed for civil contempt without facing trial for criminal contempt in a child custody case. The law was aimed directly at freeing Ms. Morgan and applies only to the District of Columbia courts. The law does not require Morgan to produce seven year old Hilary, or disclose her whereabouts. Arguing that the bill was solely for Ms. Morgan, Dr. Eric Foretich, Ms. Morgan's ex-husband and father of Hilary, alleges its passing was a result of Morgan having "friends in the right places ratherthan [the law] being right." Elizabeth Morgan's legal saga began with the breakup of her marriage to Dr. Foretich, and the birth of her daugher one week later. Morgan was granted custody of Hilary and her ex-husband obtained visitation rights. They continued quarrelling over custody of the child after their divorce until Morgan finally accused her ex-husband of sexually abusing Hilary. She demanded that the court curtail his visitation rights. Washington, D.C. Judge Herbert B. Dixon, Jr. found her allegations inconclusive. She persisted, however and began denying Foretich visitation rights. While a 2 1/2 year old child may verbally express allegations of abuse, according to Prof. Ewing, "So what?" At that age, what does it mean? What does a preschool kid really know, and are they capable of saying what really happened? Memory isn't the issue, the ability to convey it is." Prof. Ewing, has testified as an expert witness in domestic abuse cases and was pleasantly surprised by the judge's treatment of Ms. Morgan. He said in most "battle of the experts" cases of sexual abuse, the man is "usually guilty until proven innocent. It is remarkable [for Judge Dixon] to say it [the evidence submitted by Ms. Morgan] is not sufficient." The Morgan case also raises questions concerning the objective power of judges to hold people in contempt. Contempt orders are judicial "sticks" used to compel behavior or coerce tight-lipped witnesses to otherwise rethink their silence. It is a powerful weapon in the court's arsenal. While a typical case might involve a witness failing to divulge who their informant, or source of information, is, a federal judge once held a female attorney in contempt of court for using her maiden name in his courtroom instead of her husband's surname! Contempt orders are progressive, strongly suggesting what the court expects in the near future from an uncooperative witness, party in an action, or attorney. As in the Morgan case, the power of a contempt order dissipates after a certain length of time has passed with no cooperation from the charged person. In such instances, contempt is no longer coercive, but crosses theboundary into the punitive zone, punishing the charged person for their lack of cooperation. Public opinion on the Morgan case varies Ms. Morgan is eitherthe epitome of motherhood, or a vengeful, deceitful — woman. Upon hearing of the plight of Ms. Morgan, I believed in the validity of her actions, and even more so the legislative actions taken on her behalf. But a closer analysis of this child custody battle has led me to believe otherwise. While I do applaud any person who would take great measures in protecting a minor (or an adult) from any kind of sexual abuse, if that abuse is found to have existed or exists), I am concerned about theinterference of the judicial process inherently present in the law signed by President Bush. The legislation was designed to force Ms. Morgan's release from prison. Such legislation is not only a reflection of the results of a backlogged judicial system, but also undermines the competence and capacity of the judicial system to rectify its own shortcomings or wrongdoings if such are found to exist. Clearly, something is wrong when a person is spending more time in jail for contempt of court, than a criminal convicted of assaulting someone with a deadly weapon. (In the latter instance, the defendant might receive a 2 year sentence if the injuries are bad enough.) Ms. Morgan was released after the Court of Appeals for the District of Columbia ordered the end of her imprisonment, the order was signed by a Superior Court judge. My concerns are over the actions of the legislature; Congress prematurely stepped in before the appeals process was exhausted. The Morgan Law has put a cap of not more than one year on incarceration for contempt in such cases. While it is binding only in the District of Columbia, and expires after eighteen months, it sets bad precedent because of the message it conveys to those parties finding themselves in similar situations. As Prof. Ewing commented, "I've seen parents who would gladly spend a year in jail to keep their spouse away from their child." 1988 New York Bar Exam Results The following percentages are based on allpersons whotook the Summer 1988New York Bar Examination for the first time. BAR/BRI Students New York State Pass Rate ;-- U- «,; i. Non-BAR/BRI Students '; -i fe .'',->■> Another Reason More People Choose BAR/BRI Than All Other Courses Combined. ft4/? REVIEW New York and the Nation's Largest and Most Successful Bar Review PLEASE NOTE: All percentageshave been rounded oflflo Ihe nearest wholenumber. 4 The Opinion October 11, 1989 1989 BAR/BRI �Emotions Run High As The Chinese Government Asserts Control This is the final excerpt of Associate Dean Marcus' narrative of her summer stay in China which is to be printed in full in the Critical Legal Studies Newsletter. This article is under consideration by Tikkun. by Isabel Marcus */ — Associate Dean The prospect of an army foray onto the campus was a terrifying one. Rumors or reports therewas no longera meaningful difference between them regarding the unpredictable and possibly uncontrolled behavior of the army at the Square circulated at the gate. All accounts seemed plausible. Stories reported that the army had dragged students from the dorms at Beijing University, killed them, and piled their bodies into trucks. It was said that doctors treating wounded soldiers in hospitals found traces of amphetamines in soldiers' urine. I recalled unverified reports during the Korean War that Chinese soldiers attacking in "human waves" were drugged by the Chinese government. During those years I assumed such reports were American propaganda designed to further dehumanize "inscrutable Orientals." But now these were accounts from Chinese students who suggested that the drugging was government policy. They reinforced the image of irrationality and simultaneously of a cruel calculating regime. Finally, there were statements that the army was bringing in reinforcements a crack unit composed of soldiers from rural areas which had served in Kampuchea and Vietnam and was spoiling for a fight. It was apparent but left unstated that such a unit was unlikely to have any sympathy for the cause of the students and citizens of Beijing. And there was an interesting pragmatic personal element: Would the army vent its wrath on other Chinese or would it turn on "foreign element"? On the other hand it was a legitimate tactical question. On the other hand it seemed irrelevant. No one could be an innocent bystander. Contemplating the possibility of an army search of my room, I began a cat and mouse game packing exposed films from the Square in sanitary napkins on the probably foolish assumption that — — — — the soldiers would not rifle through such objects and stashing slips of paper with addresses of Chinese whom I was supposed to contact in rolled up socks whilst at the same time deliberately leaving out other unexposed film cannisters and notepads as decoys. I tried to envision a soldier tearing about by room, screaming at me in a language I did not understand, and my trying to remain cool and calm. At least I could practice in my imagination. I then returned to thecampus gate where a very large crowd had gathered. There was a nervous edginess in the air. People who appeared to be residents from the surrounding hutongs (alleys) mingled with students. I tried to remain at the edge of the crowd but found myself pushed into it as groups of persons surrounded me some speaking English and others simply wanting to listen to the language. Suddenly someone yelled something urgent in Chinese. The crowd turned toward the campus and began running through the gateway arches. I was swept along cursing myself for wearing flip flops. Images of tripping or being tripped by falling bodies flashed before me. I would be buried alive beneath them. Or, I would be shot from behind and fall wounded or dead on a pile of bodies. Then with perfect clarity the photo image from the Vietnam War of a woman running, her mouth frozen in a scream, appeared before me. I became THAT WOMAN. Sobbing and breathless I ran until the crowd thinned out. I was close to the dormitory. I went to my room and lay still for half an hour. I recalled scenes from my own graduate school days in Berkeley in the sixties. Running from the police and the National Guard, a wet bandana across my nose and mouth to ward off the tear gas, had been a less terrifying experience. Perhaps because it was my own turf and I could communicate with the people around me. Perhaps because I did not assume that the occupiers would use live ammunition. On later reflection it wasthis latter point that was so crucial. Were I a person of color in the United States I might not have made the same assumptions. After my heart beat had slowed down and I had stopped trembling, hearing no noises of military occupation, I went — CCC Holds Weekend Retreat Citizens for Constitutional Concerns, a recently formed group of law students concerned about a number of civil liberties issues, sponsored a weekend retreat/ conference at Allegeny State Park on Sept. 29th Oct. Ist. The purpose of the gathering was to raise awareness about serious threats to constitutionally guaranteed civil liberties posed by the war on drugs. Approximately thirty law students, undergraduates, graduate students, faculty, and working people from the Buffalo area attended the retreat. - by Jennifer Latham Staff Writer The faculty present consisted of Ed Powell (Sociology), Charlie Haynie (Social Science), Tom Jacobsen (Communications) and Jeff Blum from the Law School faculty. Jim Ostrowski, a Buffalo attorney who was vice chairman of the New York Lawyers Association Committee on Law Reform, also attended. The discussion focused on the health and safety aspects of certain sorts of drug use, the federal Anti-Drug Abuse Amendment Acts, and the ways in which law enforcement has backfired or failed to lessen drug use. One participant stated that because of urine testing, pot use among armed forces personnel has declined. He stated that LSD use (which cannot be detected through urine testing) has increased substantially. A straw poll of discussion participants revealed that approximately two thirds felt that some degree of criminal prohibition might be appropriate depending on the seriousness of the health effects of the drug. The remaining third leaned toward a more libertarian approach involving the legalization of all drugs. The participants felt that an analysis of the problem and the formulation of possible alternative approaches would required more discussion, analysis, and research than could be accomplished at the retreat. The group planned to form a new group (apart from Citizens for Constitutional Concerns) that will continue to meet. This group is one of a number of groups that have formed across the nation in response to the war on drugs. Refuse and Resist, for example, formed by Abbie Hoffman and others in 1987, has active chapters in ten cities and is in the process of forming six more. Refuse and Resist sponsored a large national conference concerning the war on drugs last summer. Organizers from Chicago told of the lock outs that occurred in Chicago's public housing projects last year. Entire buildings in the projects are surrounded and sealedoff by police and dogs. Every apartment is entered and searched before any tenants are allowed to return to their apartments. No search warrants have been obtained. There is no probable cause and no warning. The tenants are bodily searched by security guards. Persons who cannot demonstrate that they are included in the lease are evicted. The group formed last weekend at the retreat will probably not be as multifaceted or as activist oriented. However, all interested people should plan to attend their next meeting on October 12th. downstairs. At the dorm entrance I encountered an English speaking Chinese student who told me that a soldier filled jeep had been spotted down the road and that someone, believing that it was a reconaissance vehicle likely to be followed by a convoy, had yelled "run." In fact, it turned out to be a lone jeep cruising down the road; it had not turned into the college gate. I was too drained to return to the gate. tried to sleep. Outside a full blown I rainstorm swirled. Crashing thunder and flashes of lightning recreated a battlefield outside my window. At times I leapt to the window, unsure whether it was nature or the army at work. Of one thing I was certain. It was time to leave China. On Monday morning my SUNY colleague and I contacted the airlines to change our return reservations. We could only hope that the scheduled United plane would arrive in Beijing on Tuesday morning and be allowed to land. We then informed college officials that we were planning to leave. There were now stories circulating that the two armies in the city might start shooting at each other on Monday night (Major military manoeuvres always occurred during the evening hours). They suggested that we might wish to spend the night at a hotel. We asked whether a van from the college would be available to drive us to a hotel. That was not possible; workers were on strike and no drivers had shown up at the college. (Since private cars are so rare in China, the number of licensed car operators is limited largely to those Chinese who drive taxis, vans, and buses). One person suggested that we try to ride bicycles to the Friendship Hotel (a 10 minute cab ride) and that he would follow on a bicycle with a cart attached for our luggage. Finally the SUNY exchange director who was living in the Friendship Hotel found us a van. I took all the books and other items which I had brought from the Statesand put them in plastic bags. "Take these and give them to students" I said to the sorrowful and frightened looking group. I took one of them aside. "Please take all the money the Chinese government gave me as my first month's salary (approximately four times the monthly salary of a Chinese worker) and give it to the student movement" I whispered. He looked bewildered and protested "I cannot take it." Later I realized that perhaps he, who was planning to go underground because he had extensive contacts with foreigners (in fact, he gave me a list of people in the States and Australia to tell not to write to him for the present), was afraid of being caught with a large sum of money in his possession. Eventually I left the money with another person, an (continued on page 11) LSAR Protests Meat-Eating The occurrence of World Vegetarian Day on Sunday, October 1, gave a small but determined group of protesters a fitting opportunity to voice their concerns in front of the Burger King restaurant located at the corner of Main Street and Bailey Avenue. by Andrea Sammarco and Michael Gurwitz Features Editor The protest, which began at 12 noon, was organized by LSAR, Law Students for Animal Rights, and garnered support from both the UB Animal Rights group, and ARAWNY, the Animal Rights Activists of Western New York. Burger King and other fast-food restaurants have been targeted in recent yearsfortheir apparent disregard of serious environmental and health-related concerns. pounds of grain and soybeans are needed to produce one pound of feedlot beef," according to the flyer. "1.3 billion people can be fed with the soybeans and grain fed to American cattle per year," the flyer concluded. "The support we've received from people driving by is great," said Tracy Sammarco, one of the protesters. When asked what she hoped to achieve through the protest, she said: "I'd just like people to know that the most minute change in a person's lifestyle can effect a great deal of social and environmental change for the better. For example, about 60 million people starve to death each year worldwide. The number of people who could be adequately fed with the grain saved if Americans reduced their yearly consumption of meat by only 10% is about 60 million." Other allegations made by the group against Burger King included the restaurant chain's practice of buying Icelandic cod for its "Whaler" fish sandwiches, an ironic name considering that there is a boycott of Icelandic cod because of Iceland's repeated transgressions of an internatonal ban on whaling. The next day, Monday, October 2, LSAR observed World Farm Animals Day, a day dedicated to the billions of animals who are slaughtered each year for food and, appropriately enough, the birthday of Mahatma Gandhi, a lifelong vegetarian. The group arranged an informational table across from the law library, where they distributed literature and answered questions concerning factoryfarming and vegetarianism. Maria Schmit, a second-year student and member of LSAR, explained her participation in this way: "I've been a vegetarianfor five years and believe it is right in many ways. There's no reason for people to eat animals when there are so many other foods available. I don't think that animals should suffer and die needlessly. Vegetarianism offers a compassionate alternative." Students Tabling on World Farm Animals Da\ Flyers were distributed listing the numerous arguments in support of a vegetarian diet, coupled with an enumeration of various distasteful practices in which Burger King has been involved. First and foremost on the list was the The deadline for the next issue assertion that Burger King has been impliof wholesale destruction of the cated in "the THE OPINION rain forest, which is cleared, then planted is with grazing grasses to create the cheap 16, 1989 October Monday, fact segues American hamburger." This at 5:00 P.M. into startling statistics detailing "the staggering waste and cruelty" which acPlease put letters and articles in Box 59 or 60. companies meat production in the U.S. and worldwide. For instance, "Sixteen October 11, 1989 The Opinion DEADLINE 5 �FROM THE OPINION MAILBOX: OPINION STATE UNI VERSITYOF NEW YORK AT BUFFALO SCHOOLOF LAW Volume 30, No. 5 October 11, 1989 EDITORIAL BOARD: Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Photography Editor: Donna Crumlish Andrew Culbertson Maria A. Rivera Bruce Brown Michael Gurwitz Jeff Markello Editorial Tell Us More About The Bar!! Torts, Evidence, Contracts (including Article 9 Sales, Real Property (including Future Interests), Constitutional Law, Criminal Law (and Procedure). These are the topics covered on the Multistate portion of the Bar Exam. We are given six hours to answer 200 multiple choice questions, 40 questions are on Torts, 40 questions are on Contracts and 30 are on each of the other areas. The Multistate portion of the exam, in New York, is weighted40% and the New York portion 60%. The New York portion of the test is composed of six essays and 50 multiple choice questions which cover over twenty additional areas of law (besides the areas tested on the multistate). Where did I find this information? From a representative of a Bar Review Course. Couldn'tI have gone to the "Law School Bar Exam Information Center?" Yes, but not at this school. Bar review courses serve a definite purpose but acting as the only visible place in the law school where students can find out about the bar exam should not be one of them. The majority of the students in the law school will go on to take the bar (some of us more than once) yet we are given no guidance from the administration. The law school does not have the reputation of being a "black letter school," and perhaps it does not want this reputation (this is not necessarily bad), but this is not an excuse for the unending silence about the bar exam. There is no need for a total revamping of the law school curriculum to include more "black letter courses," but there is a need for a centralized information center where persons can inquire about the physical characteristics of the exam. How much does it cost anyway? What dates is it given on? When do I apply? What if I want to take the Alaska Bar Exam? If such a place already exists why don't we know about it? If such a place does not exists, WHY NOT? Staff: Ted Baecher, Dennis Fordham, Jennifer Latham Contributors: Christina A. Agola, Maria Germani, Mary Clare Kane, Eric Katz, Gary B. Ketchum, Daryl MacPherson, Maria Schmit, Isabel Marcus, Andrea Sammarco -'Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of theEditors. The Opinion is published every two weeks during the academic year. It is the student newspaper ofthe State University of New York at Buffalo School ofLaw, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of TJie Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters tothe editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. Students Occupy Sample's Office To the Editor: Since Pres. Sample made the decision to eliminate sexual orientation from the Law School's anti-discrimination policy, literature and graffiti advocating violence against gays and lesbians became commonplace throughout the University. Last week another flyer appeared, this one announcing the Anti-LGBA (Lesbian, Gay and Bisexual Alliance) Club, calling on all to stop "the unruly plague of sexually deviant behavior." The problem was left to Vice-Provost of Student Affairs, Dr. Robert Palmer, who met with students for over an hour and was genuinely concerned with the antigay and lesbian violence on the campus. Dr. Palmer immediately agreed to have the graffiti removed and to consider many demands the students presented including: 1) to place sexual orientation back into the anti-discrimination policy to assure that the rights of all students are protected; 2) a decision regarding theUniversity's policy on discriminatory employers who recruit on campus; 3) a University commitmentto hang a gay pride flag from the flag pole and to place a banner from Capen Hall to commemorate National Coming Out Day on October 11; 4) a letter from President Sample to be published in the campus newspapers announcing the administration policy regarding intolerance on campus; 5) development of a mechanism for reporting abuses to a University Task Force on Intolerance to be made available to all students. Dr. Palmer's conciliatory attitude served to diffuse some of the rage many students felt toward President Sample's total disregard for students at this University. In order to truly facilitate a more tolerant atmosphere, the administration must make good on these demands and begin to demonstrate a commitment to eliminate all forms of bigotry and discrimination so prevalent at ÜB. President (continued on page 9) In response, a group of 60 students gathered to peacefully confront the authors of the flyer. As expected, the authors of the homophobic leaflet were too cowardly to attend their own meeting. Tired of the continued presence of these violent outbursts and the administration's refusal to take action or even acknowledge the existence of homophobia, the students decided to present the issue to President Sample himself. Instead of listening to the concerns of his students. President Sample ordered the riot doors shut, hoping to keep the students out of his sacred chambers. Before the doors were slammed, 35 of the 60 students calmly entered Sample's office. The inflammatory flyer was placed on his desk and some opinion was requested. President Sample's response was simply to leave his office, again meeting students' concerns with silence. The Opinion October 11, 1989 6 SBA VEEP Responds To Critic To the Editor, The September 28 issue of The Opinion included three letters in the typical reactionary style. Keith Woodside, Drew Miller, and Thomas Barry resorted to name calling and baseless labelling to attack the people that they disagree with rather than dealing with the issues at hand. Ostensibly they were defending free speech, but coincidentally, they used the same ad hominem tactics and phrasing used in last year's racist "Independent Journal." Similarly, their arguments used huge local gaps to press their obfuscations. Somehow, Mr. Woodside turned my question of Majchzrak's and Weincek's intent as disingenuous into a silly scenario. Woodside suggested that I would stand in the Constitutional Congress, (shades of Wild Bill Rehnquist), desecrating the sacred thoughts of Thomas Jefferson. Student Additionally, Engineering Drew Miller called Nathaniel Charny moronic, ridiculous, and beneath contempt. This engineering student went on to say that people like Charny would degrade UB Law's already contemptible academic image. Scholar Miller proceeded to haphazardly regurgitate Steven Sample's (another engineer), misinterpretation of Under 21. Hey Drew, read the case! Steve obviously didn't.The end of the opinion explicitly states that it does not address the question in relation to a governor's executive order. Again, I reiterate my original point in Messrs. Brown and Baecher's Opinion article, (Sept. 15, 1989). Weincek and Majchzrak are not guileless, golden knights out to save the First Amendment. Both of these guys are cheerleaders for Wild Bill Rehnquist, the ex-Nixon hired gun and present Chief Justice. Bill just wrote the dissenting opinion for Texas v. Johnson, that stated that flag burning was not a form of speech. He said it was more like a grunt or a groan. 0.X., so by Bill's rules what is putting dog shit in someone's mailbox pure speech? Surprisingly, Woodside made one good point: From now on I'd appreciate it if Woodside, Miller and their ilk would check with me before they attack anyone. James Monroe Box 755 — SBA Class Director Responds To Critic To the Editor, I would like to reply to a letter of the September 27, 1989 issue, "Students Urged To Evaluate JAG Issue On Their Own," where Drew Miller harshly attacked Nathaniel Charny. It is important that Miller be properly introduced to the UB Law community. Although he tried to portray himself as an objective voice on the issue of discrimination, he has a documented history of homophobia. In the Buffalo Reporter on April 2, 1989, Miller writes he has "a strong visceral disgust for the acts homosexuality involves" and insinuates homosexuality is like having sex withchildren, animals and fecal matter. He claims homosexuals practice "an aberrant, deviant way of life" and they should stop blaming society for their disgraceful conduct. He belives they need a "psychoanalyst" and finds them "repugnant." The only thing which is really repugnant is Miller's opinion and the fear homophobes like him spread through the gay community. Miller's letter was also full of misrepresentations and lies in his attempt to justifyrecruitment through the CDO by the FBI and the JAG; groups who openly discriminate. Miller claims the FBI and JAG have supremacy to set their own standards for personnel which have been upheld by the courts. Maybe he should read the recent federal court decision which held that the FBI discriminates against hispanic agents. Perez v. F.BA., 714 F. Supp. 1414 (W.D. Tex. 1989). Contrary to Miller's biased opinion, homosexual FBI agents are certainly no more of a danger to security than other agents, male or female. A married agent practicing adultery could obviously pose a much greater security risk. This is equally true of the military. Miller says that Governor Cuomo's Executive Order 28 is not law, citing Under 21 v. Koch. He obviously has never read the case because it clearly states it only deals with New York City and has no bearing on the State. An executive order by the Governor is certainly the law and it has consistently been upheld by the courts. Just because the FBI and the JAG claim their job requirements are legal, that certainly does not mean they are moral or just and should be blindly accepted. History provides many examples of appalling policies such as slavery, segregation, placing Japanese Americans in concentration camps and denying voting rights to blacks, women and the poor. Laws encouraging discrimination are neither moral or just and must be eliminated like these past evil practices. Does Miller understand the concept of democracy? The SBA is democratically elected by the student body to be their representatives. The SBA voted democratically to endorse the faculty's anti-discrimination policy. So people like Charny, who are fighting to eliminate discrimination, are far from "a few dogmatic individuals" trying to futher their own agenda as Miller asserts. It is the small group who is not troubled by the discrimination practiced by JAG and the FBI, like Miller, who are the special interest group trying to further their own political agenda. Both the law school faculty and SBA have strongly voiced their opposition to discrimination, as well as the undergraduate Faculty Executive Committee, the undergraduate SA and the graduate SA. Miller condemns Charny for his cause, tactics and methods. Charny's cause is to protect all students by prohibiting groups from using the CDO who practice homophobia, racism, sexism, ageism and discrimination against the handicapped or religion. Miller's cause is to allow these groups to continue to use our money through the CDO even though their discrimination has been condemned by both the students and the faculty. Charny's tactics and methods are to work diligently with a coalition of student groups to put an end to all types of discrimination at UB Law and use The Opinion to provide students with an intelligent voice on the battle to keep the JAG and FBI from recruiting at UB Law. Miller's tactic and method is to write inaccurate and homophobic letters to newspapers providing students with a faulty view on this important issue. It is great to see students like Charny (who Miller calls "comrades" in a ridiculous red-baiting, McCarthyistic attack) fighting for social justice as they represent a shining beacon of hope and justice for all members of our society. I hope students do what Miller asked in his letter and evaluate the discrimination practiced by the JAG and FBI and see how deplorable it is. The first step in this long fight is right here at UB Law, where we must stop these groups from using our money to perpetuate discrimination. If Miller does not like UB Law and is worried about its ratings dropping, maybe he should transfer to a prestigious school like Harvard. However, he will be disappointed there also because Harvard also bans groups who discriminate from recruiting on campus. Jim Maisano SBA Director— Ist Year �Right To Go Topless Should Be Shared By Men And Women — The subject of this essay is breasts men's and women's—and the different ways in which they are treated by American society. Please stop snickering. I hope to show that there exists a significant difference between the rights enjoyed by American men, versus the rights enjoyed by American women, when it comes to the upper half of the human body. by Michael Gurwitz Features Editor Now everyone knows that it is entirely legal for a man to walk around barechested. It doesn't matter whether the man is hairy or hairless, tan or pale, strapping or obese whatever their physical condition, men have a legal right to go topless. The only place for a topless woman in public is in a bar, the kind with the curtained windows. A woman can expose her breasts to a paying clientele inside a seedy pub, but if she should venture out into the free world of sunshine and wind, it's panic in the streets and a rude shove into a black and white, a probable fine and, depending on the amount of Wonder Bread consumed in that particular community, an extended visit to the county cooler. Why is it that men have the legal right to go topless, and women do not? Why is such blatant sexism tolerated in modern society? Bear in mind that we are not talking about the social consequences to women who dare to go topless in public, but rather the legal. Aside from puritan — valuescherished by the same people who would ban Lady Chatterly'sLover, there is no good reason to prohibit women from enjoying the same right of men to go naked from the waist up on a balmy summer day, or anytime, for that matter. At the risk of sounding like a traitor to my sex, I can only say that it is obvious that these idiotic laws were created by men. I doubtvery much whether women, ifgiven the choice, would limit their freedom in such a way. First let's look at the hypocrisy of these laws. Turn on the T.V., scan the magazine rack. Everywhere you look there are images of women withtheir breasts exposed, save for their nipples, which apparently strike mortal terror in the souls of all good and decent folk. Consumer goods are advertised by juxtaposing them next to scantily clad women jiggling around in obvious joy at holding oh, I don't know, a sexy can of "Coors" beer. The covers of Cosmopolitan magazine always show a woman whose breasts are ready to tumble out of her overpriced designer dress. Swimsuits designed to show off as much breast as possible (without exposing the dreaded nipple). Yet if a woman decides to cooperate with our society's fetish for female breasts by going topless in public, it's tantamount to the end of the world and permanent dictatorship by drugusing,flag-desecrating secularhumanists! Why can't we as supposedly mature adults deal with the sight of the female Carter Looks Good In Retrospect Recently, I read an editorial piece by columnist Mary McGrory entitled "The Rehabilitation of Jimmy Carter," which discussed how much of an asset Carter has become since leaving the White House nearly a decade ago. About halfway through the piece, it occurred to me that some of the things the writer was saying, although they were certainly true, were also unjustified. For example, Ms. by Andrew Culbertson Managing Editor McGrory pointed out that the Democratic Party has all but "erased" Carter's presidency, and that his name is still used by the Republicans as a synonym for "the bad old days." Both of these characterizations are undeserved. The Democratic Party, if it had any sense, would accept the Carter Administration for what it was, and realize that he was no worse than his successor or immediate predecessors. As far as "the bad old days" are concerned, they certainly didn't start with Carter, and clearly didn't end underthe shaky leadership of Ronald Reagan. Of the four presidents I have known in my lifetime, excluding George Bush, not one of them has done what might even be described as a "good" job. Richard Nixon, of course, was a crook, as well as a sleazy politician. Gerald Ford, on the other hand, was the textbook example of the saying, "In the right place at the right time." What he did in office is forgettable, but he presided over the most corrupt presidential administration(s) since Harding's "Teapot Dome." Carter also had his problems, most clearly his inability to deal with Congress, and his propensity for trying to do everything his own way. Although none of the aforementioned presidents will be lauded as "great," or even "good," Carter's presidency, unlike the other three, is treated as a mistake, a lapse in judgment on the part of American voters. This is unfair, since substantively speaking, each president had his share of problems. Whether they were hostages, energy crises, or stock market crashes, none of the four presidents was immune. Procedurally, however, Carter was clearly more respectable. For one thing, there was never anything corrupt about his administration, except, perhaps, his brother Jimmy. In any event, no one ever mentioned the word "impeach" during his four years in office. This might not seem terribly impressive until one considers Carter's counterparts. Nixon would have been impeached had he not resigned in disgrace. Ford, who could have taken the moral highroad, didn't, and pardoned Nixon. Reagan should have been impeached for his role in the Iran-Contra Affair but, as was so annoyingly characteristic of him, he managed to dodge yet another bullet. Carter's tendency to do things his own way, while it may have been to his detriment, at least illustrated that he was the person in charge. Had something tantamount to the Iran/Contra Affair arisen under Carter's leadership, Carter probably would have known what was going on. In the event that he hadn't, he would have accepted responsibility for it, no questions asked. We all know how Reagan, who never appeared to be in control of his Administration(s), handled the situation. The integrity that Carter displayed while in office has carried over into his role as an ex-president. Since leaving the White House he has undertaken a variety of admirable tasks, helping to build homes for the homeless, observing elections in places like Panama and Nicaragua, and helping farmers in Third World countries. In fact, Time Magazine recently referred to Carter as "our best ex-president." Conversely, Carter's counterparts have been less impressive in their post-presi- dential activities. Ford is best known as a golfer, and a dangerous one at that. The speech he gave at UB last year was fraught with ideological garbage. Nixon, who, unlike Ford and Reagan, rivals Carter in the area of intelligence, has seemingly had problems channelling it. According to Ms. McGrory, "Nixon keeps writing books nobody particularly wants to read while plotting his return to prominence." Perhaps it would be unfair to judge Reagan, since he has been out of office for less than a year. Suffice it to say that as long as he has his scriptwriter, he will be able to keep charging exorbitant feesfortalking about nothing in particular. History, inevitably, tends to judge presidents on what they do while in office, not whatthey do once they leave office. While Jimmy Carter's post-presidential activities may not rewrite history's evaluation of his Administration, they do indicate that Carter, unlike many politicians, really did care about the policies he espoused while in office. breast? If you compare female chests to male chests, the differences really aren't all that radical. A woman's breasts are round and smooth a man's breasts are flat and smooth. Some women have flat breasts like men, and some men have round breasts like women. So what's the big deal?Do men fear losing control at the sight of round breasts? It is our infantile approach to the female anatomy which denies women the freedom that men take for granted. Enough I say! For God's sake America, let's grow up! I'd like to relate a personal experience which I think might help in this situation. Several years ago I was living on a kibbutz in Israel. I was a part of a group of American volunteers. There was also a group of British volunteers, and we mixed it up and had a lot of fun together. One day all of us volunteers took a trip to Eilat, which is a beach town in the southern tip of Israel, next to the Red Sea and just north of the Sinai desert. The drinks there flow freely, the falafels are cheap, and everyone is friendly. A truly fun place to be. The female British volunteers changed — into their bikinis, and I began to ogle at their bodies. But then, without warning, they tooktheirswimsuittops off. No checking for police, no cautionary glances at the surrounding crowd. At first I just gawked. These were the same women I had been picking potatos with the week before, and now here they were, exposing theirnefarious nipples for the world to see! The Israelis didn't seem to care, and the Brits kept chatting away in theirBritish accents, oblivious to the staggering effects they were having on me and my American friends. But then a funny thing happened. After a few minutes of culture shock, I calmed down. I looked at the British women. Their breasts were different sizes and shapes, but surprise, surprise, they were just breasts! I lost my fascination with their chests and went back to acting normally with them, joking around or conversing. I still admired them, but in a better way. By going topless and forcing me to see them as they truly were, these women helped me to stop concentrating on just their (continued onpage 11) COMMENTARY: Bar Review Costs Necessitate Aid It dawned on me recently that I would have to find $900.00 somewhere by the end of next semester to pay for the bar exam. Shortly after that it also dawned on me that I would have to eat food and sleep under a roof while I spend six weeks studying full-time for the exam. Dawn Gives Way to Nightmares I decided that the logical thing to do would be to talk to the people at Financial Aid over in Capen Hall; maybe they would tell me that the State of New York has contemplated the problems that indigent law students face when they fall into that netherworld between graduation and finishing the Bar Exam. Well, surprise of surprises, they had thought of our problems. AND NIGHTMARE OF NIGHTMARES, they decided that they couldn't help us. by Martin Coleman In the way of background, I found out that last year the Financial Aid officials here at SUNYAB took the initiative to increase the expected financial need of graduating law students who were indigent in order to cover the cost of the Bar Exam and reasonable cost of living during that period. For that I laud them! For that he New York State Higher Education Services Corporation slapped them down! What To Do? At the suggestion of Hugh Ganser of the Capen Financial Aid office I went to talkwith Karen Kubiakofthe Law School's Financial Aid office. She was very helpful and sympathetic, but could do no more for me than give the names of two private corporations which provide loans to law students. One of these corporations, called Law Loans, makes available to graduating law students up to $5,000.00 to cover the cost of the Bar Exam and living expenses. However, Law Loans charge variable interest rates, and, get this: 6.75% in loan fees and 9.5% in insurance fees is charged if your loan isn't co- signed by anyone. If you are lucky enough to get a family memberto co-sign theloan your insurance fees are only 6.5%! I did a little quick math and concluded that I would pay Law Loans $812.50 in fees alone, not including the 12-14% interest rate. I don't know about you folks, but this galls thehell out of me. The damn fees I would have to pay are nearly equivalent to the cost of taking the Bar Exam itself. For those who will go into public interest law (no small number here at UB Law) earning starting salaries anywhere from $15,000.00 to $30,000.00 a year, this is a fantastic burden and an insult given their dedication to helping others as a career choice. And let us not forget that only a small percentage of law school graduates make large starting salaries; most of our graduates will work for small private firms earning not much more than graduates going into public interest work. One could easily get the impression that New York State does not want graduates from its law schools going into public interest law. And for those going into small firm private practice, it seems New York State is encouraging them to pay higher salaries for starting lawyers which in turn forces them to charge higher fees to clients. So much for access to the legal profession for the poor! I Have An Idea Two years ago the Student Bar Association organized UB Law Students to protest a proposal by the New York State Legislature to do away with SUSTA grants. Aided by extensive lobbying by the administration here at the Law School, the effort was successful. Why can't we lobby the New York State Higher Education Services Corporation to extend Financial Aid eligibility to students taking the Bar Exam? After all, is it sound policy for the State to encourage poor residents to become lawyers and then to impose such burdens upon them that they are forced to work for the rich when they graduate? / don't think so! Faculty Statement Represents Ideal Student Body is committed to making an ideal work. On a different note: the eradication of unjust and discriminaHaving had the honorable (?) opportutory treatment of other persons in our nity to have conversed with Mr. Majchrzak academic, legal community. It represents and Mr. Wiencek earlier in this semester, an ideal at work; an ideal that can and I was dismayed to learn that one thing, that troubles them is the Faculty Stateshould function in our society. The ideal is this: people's "differences" deserve ment's lack of more clear, more concise (and no doubt, statutory) definitions of our individual and collective respect. Unterms such as: "racist", "sexist", "ageist" fortunately, because certain people, and "anti-gay", to name a few. I can only mainly the socially, politically and direct them to use a dictionary (a far out economically empowered people, remain steadfast in theirresistance to such ideals, suggestion!). Who knows? Perhaps they these ideals seem to become more and will be able to piece things together and learn something in the process. more Utopian. I am glad that U.B. Law Mary Clare Kane, 3L School's Faculty and for the most part, October 11, 1989 The Opinion To the Editor: wholeheartedly support the Faculty Statement. Why? Because it is aimed at I 7 �yoobL-2-I BAR A BW BAR/BRI Leaves Nothing To Chance. tofcrr The Nation's Number One Bar Review. 4154 Seventh Aye., Suite 62, N.Y., N.Y. 10001 (212) 594-3696 (201) 623-3363 160 Commonwealth Aye., Boston, Mass 02116 (617) 437-1171 8 The Opinion October 11, 1989 �Opportunities With Manhattan DA's Office Discussed Assistant District Attorney Joshua Nesbitt of the Manhattan DA's office spoke on Monday, October 2nd, at U.B. Law School about his work, and the opportunities for future employment for Ist, 2nd and 3rd year law students. by Christina A. Agola The DA's office assumes the responsibility of investigating and prosecuting crime in the City of New York. Every year the DA's office investigates and prosecases. The office is divided into four major areas including: Trial Division, Appeals Bureau, Investigations Divisions, and Narcotics Bureau. The trial division is the largest sector of the office and is responsible for the prosecution of "street crimes." It is divided into several sub divisions which treat specific types of crimes. ADA's are assigned to one of these subdivisions and handle cases from the initial filing of the complaint, through pre-trial activities, all the way to the actual jury verdict. The DA office also contains a separate Appeals Bureau. ADA's assigned to work in this department appear frequently in all appellate courts of the state, as well as in theFederal district courts, the United States Court of Appeals for the 2nd Circuit and at times, the U.S. Supreme Court. First year assistant DA's carry a case load of anywhere between 70 to 250 cases per year, which translates into a review of 140-150 cases per day. The fast pace cutes over 100,000criminal of the first year gives new lawyers the chance to sharpen their ability to think on their feet, and to learn the value of being The turnover rate at the DA's office is high; many people leave the job after completion of their three year commit- properly prepared. ment. Starting assistant ADAs are switched around amongst the various divisions based on the discretion of the bureau chief. In addition to handling their own case loads, which consist predominantly of misdemeanors, first year ADA's have institutional responsibilities including arraignment hearings and interviewing witnesses. In their second year, their case load gets "upgraded" in a sense to include predominantly felony crimes, and they are relieved of institutional duties. Nesbitt stated that nearly 70% to 80% of all cases in the DA's office are drugrelated and that special sections have been delegated within the office to deal with this problem. He commentedthatthe surge in drug related crime has lessened the sensitivity of some DA's to push drug cases into trial. He went on to comment that cases of this nature are charged in orderto mainly dispose of them; in light of this, the issue of the DA's discretion in such matters is an attractive aspect of a DA's office. Nesbitt commented that you can make up your mind about the treatment of all of your cases, as long as you realize that you must live with your decisions. Most people are attracted to the ADA's office because it is a valuable stepping stone from school to private practice, although some people will ultimately choose to pursue a career in criminal law. Nesbitt commented that this is not mere opportunism; everyone realizes that this is essentially what most people do. He pointed out that many of his Albany Law School colleagues are dissatisfied with private practice, since the competition for the few partnerships that exist is keen in most firms, and that this breeds a sense of distrust amongst many starting attorneys and can detract from the entire Graduate Group On Human Rights Established On Campus The Graduate Group on Human Rights Law and Policy is an inter-disciplinary organization which seeks to act as a focal point for consideration of issues involving human rights. The Group brings together faculty and students in law and the social sciences in an attempt, through a complementary mixture of academics and activism, to further the goals of the international human rights movement. To this end, the group sponsors speakers, films, conferences and discussions on a wide variety of human rights topics, and carries out research and publishing in the field of human rights. Additionally, the Graduate Group on Human Rights Law and Policy is involved in the development of an international internship program in Geneva, Switzerland, and in the ongoing compilation of the Law Library's Human Rights Information File. The Group held it first meeting of the year on September 19th, featuring presentations by the four student participants in the Geneva Internship Program for 1989. Some thirty-five students and professors listened as the participants recounted their experiences in the World Health Organization, the International Labour Organization, the United Nations Centre for Human Rights and the Henri Dunant Institute. The four were unanimous in the conclusion that the program was among the most valuable available to law students interested in the field of human rights, and vowed to share the expertise they had gained through upcoming Graduate Group events. As the Group continues its research in the areas of human rights in Africa, the right to health care, human rights under states of emergency and the issue of capital punishment, plans have already been made for a human rights film festival, a photo exhibition on human rights in Namibia, a lecture on United Nations action in the field of human rights, a presentation on the occupied Palestinian territories, and a slide presentation on the crisis in China. In the works are also presentations on the plight of refugees and human rights violations under Apartheid. Interested persons should be aware that the Group will hold a "Human Rights Week" during the spring semester (aetails forthcoming). The Group's Co-Directors, Professors Virginia Leary (Law) and Claude Welch (Political Science), along with Graduate Assistant Craig Mokhiber (Law), are inviting all faculty and graduate and law students to become members of the Group. If you wish to do so, or to be placed on the Group's mailing list for newsletters and human rights updates, please leave your name, address, phone number, mailbox number, area of study and area of special interest in human rights (if any), in the law school student mailbox number 172, or stop by the Group's office at 408 O'Brian Hall. You may have much to contribute. You certainly have much to gain. The Graduate Group of Human Rights Lawand Policy will present the widely praised film Days of Rage, highlighting the critical human rights situation in the occupied Palestinian territories. The film will be shown on Wednesday, October 18th, at 5:00 p.m., in O'Brian 106. Days of Rage explores the factors of repression and abuse underlying the Palestinian uprising against the Israeli occupation, and is a work of extreme importance to all persons concerned about human rights and prospects for peace and justice in the Middle East. As such, all faculty, staff and students are urged to attend. Students from page 6 Sample's divisive attitude has proven a major stumbling block to achieving the goal of a campus free from discrimination. Until this attitude changes, the hypocrisy that flows from the fifth floor of Capen will continue to manifest itself as graffiti on the walls of the University and intolerance against members of our community. If this University is not willing to protect the rights of its students, we will be forced to protect ourselves. Sincerely, Andrea Sammarco, Jim Monroe, Jonathan Johnsen, Nathaniel Charny, Mark Schlecter experience. ADA's are selected on the basis of merit; starting salary is $30,000 for law school graduates not yet admitted to the bar, and increases to $31,000 after successful completion of the bar exam. At the DA's office there exists an "open door policy" which Nesbitt described as a recognition among experienced DA's of the trials and tribuations of a starting ADA. There is less of the hierarchical structure that is commonly found in private firms, and most DA's do not feel unnecessarily inhibited from entering the office of a "higher up" to ask a question. The DA's office also hires first year law students on an internship basis. This program allows law students to assist ADA's with their case loads. Responsibilities include helping witnesses prepare for grand jury hearings, and researching and writing appellant and trial briefs. Interns will often informally second-seat ADA's at trial. Students interested in working at the Manhattan DA's office should consult the CDO office. COMMENTARY: Animals Suffer and Die For The Sake of Big Business On an otherwise beautiful day this summer, enrouteto my summerjob, I had the occasion to hear a very unsettling story. As I entered the elevator in the building whereI worked a man stepped in behind me. He was carrying an extremely sharp thorn in his hand that was about three inches long. No words were spoken, as the elevator operator and I stared at the pointed thistle which he held carefully between his thumb and forefinger. As he exited the elevator on the second floor I noticed that he had a bleeding gash on the upper right side ofhisforehead. When the doors closed, the elevator operator told me a story about an incident which that thorn had reminded her of. by Gary B. Ketchum One weekend her cat was running about in the yard and playing in the shrubbery. She was a young cat, about 18 months old, and typically frisky. Suddenly the woman heard a blood-curdling cry from the cat in the backyard. She discovered that the cat had become impaled on a thorn 'just exactly like the thorn that man held in his hand.' The thorn had penetrated two to three inches into the cat's eyeball. The cat was writhing in pain, and the woman was frantic, not knowing what to do. She could not dislodge the thorn and the sound of the cat's pathetic screeching tore herheart out. She finally cut the thorn from the branch and raced the cat to the vet withthe thistle still protruding from the squirming cat's eye. The penetration was so deep, and the damage so extensive that the vet had to put the cat to sleep. Since the elevator operator told me that story I've been haunted by it, by the thought of those last few anguished hours in that little cat's life. I thought of the sharp contrast between the happy, carefree, frisky moments before the incident, and those final lingering hours of excruciating pain the cat suffered before she died. Then, an even gloomier thought cast its pall over me. I thought of the millions of animals who suffer similar agonies at the deliberate hands of animal researchers. And I tried to ferret out the distinctions between the two instrumentalities of suffering. The thistle injury was a freak accident; unintentional; happenstance. The experimentation is deliberate, calculated and is arguedtobea product of necessity. Unfortunately, that argument cannot survive a simple inquiry. About 80% of the experimentation conducted in this country is conducted in the private sector by companies anxious to market profitable products. Usually, when the animal experimentation issue arises, its defenders gravitate immediately to the extremes. They point to medical research, to cancer research, to the development of the Salk vaccine, to the developments in heart surgery and research. These supporters stand on the argument of necessity. They invariably acknowledge that animal experimentation is a grizzly busi- ness, and is something notto do, except as it is necessary for human survival, and to alleviatehuman suffering. They argue that we're only doing what is necessary. This argument is radically incongruent with observable reality. Even if we shelve (for the moment) the dispute over medical research in bona fide medical institutions, itfails to account forthe eighty percent of the experimentation that is conducted by profit motivated companies. Itfails to account for the wholesale expropriation of animals in our society where clearly no necessity exists. Unless one has blinders on, it is readily apparent that necessity is not, at all, a prerequisite for the heinous infliction of pain and suffering on animals in laboratory experiments, or in our many other expropriating activities. We all participate in that conspiracy. We can look atthe evidence around us and see exactly how we treat animals: the leather handbags, billfolds, rabbitfur-lined gloves, attache cases, portfolios, belts, shoes, coats, and countless other assorted sundry items composed of blood and skin for which alternatives do exist. These items bear no claim to our belief that they are essential fibers in the fundamental fabric of society. I see no apocalyptic consequences if we eithermanage without these items or resort to nonleatheralternatives. Millions of animals each year are subjected to Draize tests and LDSO/LDIOO tests so that companies can engage in the lucrative business of selling their wares. The Draize test, which usually uses rabbits, involves the testing of household chemical products to study their effect on the eyes. Rabbits are tightly secured in boxes so that only their heads protrude from the box. Experimenters suture their eyes open and then drop various amounts of the test chemical into the rabbit's eyes. It may be nail polish remover, or brass cleaner, or drain cleaner, orcosmetics. It could bejust about anything. The rabbit violently struggles to get her paws free so she can dislodge the substance from her eyes, while the experimenter moves on to the next victim. From time to time the experimenter returns for an inspection to see how things are coming along. S/he takes careful notes in order to record the extent of the ulceration, the degree of tissue damage, and the time lapse for each discreet stage of these excruciating events. When the experiment is over, the rabbit is killed and then discarded like a used kleenex.Theanimal iseitherthrown intoa special refuse dumpster or incinerated. The LDSO/LDIOO tests involve all types ofanimals who are force-fed an inexhaustible list of household chemicals in order to ** determine what the lethal dose is. In the LDSO test, the attempt is to arrive at a dosage level where 50% of the animals in the experiment die from the forced ingestion; 100% die in the LDIOO test. It's not much better than a poke in the eye with a sharp thorn. (continued on page 11) October 11, 1989 The Opinion - 9 �Stanley H. Kaplan has chosen his bar reiiew.^. For years, Kaplan students have been asking for a bar review course with the same standards of excellence as Kaplan's other courses. After carefully investigating bar review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family of outstanding educational offerings. The academic ' ill ll « rv« 4 III? 33 | Vjf The Opinion October 11, 1989 |jk .Jm Ih^ta*^ Slfeikwjftfe^ JM lyP mr SeeyourCampusßep,orcall: A I L|J 10 SKaT '^^^X %4hLJ3M Ik jt * SI 3 fcl Stanley H.Kaplan Ed. Ctr. 1330 Niagara Falls Blvd. (across from Blvd. Mall) Tonawanda, NY 14150 |H �Marcus American who had contacts with the student movement gone underground. The driver appeared looking harassed and frightened. We drove for ten minutes past the litter of bricks, glass shards and concrete road dividers wrenched from their moorings by the citizens of Beijing and placed across parts of the roadway to block the passage of tanks. It was the first time I actually was seeing the devastation which I could hear being wrought for the past two days. The reality made my imagination seem tame. A right turn into a gateway and I was in a tranquil, well manicured landscape punctuated by seven or eight solid story buildings embellished with Chinese motifs on theircornices. Down the road within the compound tennis games were in progress. I wanted to laugh maniacally at the air of unreality - from page 5 about the place. Ten minutes down the road I was in a place of siege. Now I was in an island of privilege for "foreign experts" (academics and other consultants). The massive buildings with their comfortably appointed suites had been built by the Soviets during the 19505. The dining room was cool and clean; the tables were set with an array of Western utensils; the menu abounded with Western cuisine selections; the chatter was not in Chinese. But there were reminders that appearances are deceptive. At hourly intervals I huddled with my hosts around the short wave radio; the news consisted of rumors that war between the two occupying armies might break out during the night. No one appeared to be in charge. It was a situation of maximum ambiguity. Tanks were being positioned around the Square. And, Animals And it's all done for US; so we can paint our faces with mascara and freshen the toilet bowl and whiteout the mistakes we make on our termpapers. Beneath our preoccupations with aesthetics, something very ugly is going on. shiny appearance. Beneath our preoccupations with aesthetics, something very ugly is going on. When we tackle the issue of necessity, we are looking at two distinctly separate questions. The first, is the question of the 'necessity' of the objective or the product for which the testing is being done. The second question asks, "If the objective or product genuinely constitutes a social imperative, is animal testing a necessary meansfor achieving that objective or safely marketing that, product?" With regard to medical research it is generally accepted thatthe objective ofsecuring human health and alleviating human suffering is a necessity (the first issue). Here, the battle is being waged over the second issue, whetheranimal experimentation is necessary, or even the most effective means for achieving that legitimate end. There is ample evidence of redundancy, unnecessary duplications of heinous experiments, because researchers horde their work so they will not lose their patent rights, or so they will be sure to garner the credits for any profitable outcome which may flow from the experiments. With product testing in the private sector, where 80% of theanimal experimentation is being done, no claim of necessity on either of these two grounds can withstand the light of scrutiny. In the first instance, we can survive quite easily without these products if, as those companies would have us believe, there is no alternative to animal testing. If we cannot market brass cleanerwithout inflicting this kind of suffering on other beings, then let's take that product off the shelf by refusing to furnish the consumer demand for it. To what extent will the quality of our lives be diminished if the brass handles on the credenza become tarnished? In the second place, there are products on the market which are tested for safety without the use of animals. Numerous catalogues are available from virtually any animal rights organization which list "cruelty-free" household items. This is, in major part, what animal rights organizations are all about, i.e., disseminating information about the alternatives to animal exploitation. The philosophy is a simple one: "DO NO HARM." So why does this society continue to support this holocaust against our fellow animal beingswhenthereare harmlessalternatives? Ignorance ofthealternatives is one receding explanation. Another explanation allegedly has its roots in Christian doctrine, and rests on the notion that the whole world is our footstool; it is here for us to expropriate as we please; it is our Birthday present from God. In particular, the passage most often cited in support of this Machiavellian, utilitarian concept is from page 9 Genesis 1:28, which is a verse that immediately follows the description of the creation of human beings. The passage reads: "And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth." (Genesis 1:28, King James) St. Francis interpreted theword 'dominion' to mean stewardship and in that light he assumed the role of caretaker of all living things. The very next passage in Genesis supports that interpretation: "And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in which is the fruit of a tree yielding seed; to you it shall be for meat." (Genesis 1:29, King James). Animals are beings, beings of a different sort. There is a special kinship and a special responsibility which we have long since abdicated. In that, we have been endowed with the greatest gift of mind, we have been burdened with the greatest responsibility. To date, we have been reaping the fruits of our gift, while razing the ledger of our obligations and accountability. In terms of the Hereafter, we might do well to hope and pray that the notion of reincarnation is pure nonsense, because if it isn't, there's going to be a lot of wailing and gnashing of teeth the next time around, for most of us. Under that principle, when we demonstrate an inability to empathize with the pain and suffering visited upon our fellow beings, then we're going to be granted a bonus opportunity to have a close look at that 'pain and suffering' which currently escapes our sensibilities. It's like continuing education. We'll do it until we get it right. In terms of the here and now, I will defer to something Mahatma Gandhi said, not long before he died: "You will know the deteriorationof a society by its treatment of its animals." If we can't abandon our pogrom against these critters out of empathy and compassion for our fellow beings, we ought to at least do it for ourselves. Topless page 7 bodies, and to start enjoying them again as whole people. Which brings me back to contemporary American society. We all know that women are being dealt a bum deal here. The female body is glorified and exploited, but the female mind is still regarded as second-class. Second-class citizens do not share in thefreedoms enjoyed by the privileged class. It's true in South Africa, and it'strue in America. Ifweareeverto realize true equality between the sexes, we must tear down the laws which repress women. The laws against women going topless in public must be repealed. It's the rightthing to do, and it's the wise thing to do. Blindfolds are for fools. from overhead, I could hear the intermittent drone of helicopters. It crossed my mind that there were disadvantages in being in the Friendship Hotel. People's University, a hotbed of student activity, was two blocks away. It had been attacked once; it could become a site for a battle between the armies which might spill over to a highly visible place teeming with foreigners, viz. The Hotel. Or, one of the armies might decide to terrorize foreigners and, along with the downtown hotels, the Friendship was an excellent target. I sat drinking beer with my hosts, exchanging stories, trying to make sense of the world around us. At one point the SUNY exchange director gave me a sheaf of papers. She told me that she had given her Chinese students who were studying English a copy of Martin Luther King's "I Have a Dream" speech and asked them to write an essay on their dreams for China. Their responses were passionate, patriotic, hopeful and, in many ways, disarmingly direct and unrealistically uncomplicated as good symbolic speech is wont to be. They paralleled what I had heard at the College gate and had seen in the Square; they echoed the sentiments identified with the 1919 student movement. They spoke of a China which went beyond material well being, one which was commited to vaguely articulated notions of democracy andfreedom. Then, they said, China could take its place among nations. The van driver who had taken us to the hotel had agreed to take us to the airport. The flight was scheduled to leave at 11:30 a.m. on Tuesday, June 6. At 5:00 a.m. we awoke to hearthe radio. The war between the armies had not occurred during the night. Tanks had merely remained at their stations. How to interpret this turn of events was unclear. Were more troops being sent into the city? There were rumors to that effect. A call from the SUNY Buffalo administration resulted in a rather lengthy conversation about whetherthe van would come and whether we could get to the airport, whether the plane would land and, if so, whether it would be allowed to leave. The surrealistic quality of the conversation was striking. Both in the States and in Beijing we were relying on the same radio sources!! We tended to agree that the situation was likely to deteriorate and that even if the US Embassy in Beijing finally organized or assisted in some rescue efforts it would be best to leave as soon as possible. At 6:30 a.m. the driver arrived. Through an interpreter he explained that he had enough gas for one round trip to the airport, that he had no spare tire, that his tires were balding and that he had hearc nothing about the road to the airpor being blocked. He asked for the equiva lent of two months wages for the ride We decided to risk it, and three of us pile< into the van. As we went toward the downtown ir order to join theroad leading to the airport the debris (burned jeeps, tanks, rubble concrete barriers) became greater. Then were no vehicles on the road. At on« corner I could see a large crowd aheac with a column of smoke behind it. Th< driverand I had the same thought; if then were armed soldiers behind the crowd and if they began to shoot, our van would be caught in a crowd of people moving in our direction trying to escape. He took a sharp left and then a right, thereby taking us away from the action but onto a dead end street. Suddenly he veered sharply to the right. We barreled down a bike path behind a hutong. People stood aside and waved us on; citizens had torn iron gates from their moorings and piled them on the path to prevent military jeeps from wending their way through the alley. We jumped out of the van to push them aside and continued down the alley. I kept thinking about the balding tires and the absence of a spare. If anything happened to the tires we would be stuck in a back alley in northeastern Beijing with the likelihood of no English speakers available and the army several blocks away. After about fifteen minutes we were back on a paved road. The driver looked drained.The road to the airport was clear; but, the driver did point out an encampment of soldiers along the roadside. Bedlam prevailed at the airport. Many Americans and Europeans were evacuating Beijing and were clamoring for airplane reservations. None of the Chinese staff had shown up for work at the ticket counters so a skeleton staff of American employees had to manage what could have become a totally chaotic situation. While waiting on line I had the opportunity to talkwith other passengers. A number of American tourists did not seem shell shocked. They had merely been passing through. One woman who had come down the Karakoran Highway from Pakistan remarked that their group had no knowledge of any difficulties until they reached Xian where people were assembled around the wall newspapers. A member of the tour group asked their guide to translate the paper. "Suddenly his English became very bad" she said. "We thought then something might be wrong." Academics, on the other hand, had shared a very special experience with Chinese students.The ones who had been teaching in Beijing looked worn and grief stricken. Given the airport confusion it seemed amazing that the plane was delayed for take-off by only one hour. As it left the ground, a spontaneous cheer arose from the passengers one which was repeated when we landed four hours later in Tokyo where all planes to Beijing were delayed. But irony and a surrealistic quality to experience are not confined by geography. I found myself sitting numbly in my seat, with tears rolling down my face, looking at the opening credits for the in-flight movie "Working Girl" which are shown against a backdrop of theStatueof Liberty! Several weeks after my return, the SUNY exchange office in Buffalo received a phone call from a staff person in the Beijing Higher Municipal Education Authority. He wanted to know why I had taken unauthorized leave from my teaching position. "She was fearful for her life and her safety could not be guaranteed" ** was the SUNY reply. From the other end of the phone, without missing a beat, the staff person said "That is not true. There has been no difficulty here. No one was killed." Editors Note: Last issue the title of the Jewish social magazine Tikkun was incorrectly spelled. We apologize. — Loans from page 1 than twenty percent of the legal needs presented bythetraditionally underrepre- sented constituencies receive adequate legal attention. In the last thirty years, the number of lawyers has nearly tripled, yet fewer and fewer young attorneys are choosing public interest and/or government careers. Numerically speaking, in the last ten years, the number of law school graduates who accepted public interest jobs declined from 5.9% to 3.0%. Meanwhile, the number who accepted private employment rose from 53% to 63.5%. "The time is ripe for the establishment of a L.R.A.P. at U.B. Law School." stressed Chris Thomas. "As it stands now, without a L.R.A.P., students who face looming debt burdens and who may very well be committed to public interest law are sometimes pressured into making a 'financial' decision rather than a 'career' decision. We hope to obtain the support of student groups, the Student Bar Association, the Erie County Bar Association, the New York State Bar Association and the New York Legislature. Given the dismal state of pro bono plans, L.R.A.P. is an affordable and viable option for helping the underrepresented constituencies. And, without a L.R.A.P. the lessening trend of those entering the public service legal sector will only continue." October 11, 1989 The Opinion 11 . �Modesty prevents us from telling you how good BAR/BRI Is. Therefore... we've let BAR/BRI students do the talking. I was as prepared as I could have been. The exam itself had no surprises. It was a living nightmare, but BAR/BRI prepared me. If I have to do this again, I will take BAR/BRI again. Albany Law School BAR/BRI gave me structure that I needed for the bar. Looking back, I think I would be in a tough situation if I had to approach this on my own. I had a lotof friends who have been taking other courses and I've sort of compared what they're learning and what I'm learning and I think that BAR/BRI is doing a really Your course was worth the money. I couldn't imagine good job....The BAR/BRI personnel is very helpful. being more prepared. If I didn't pass the fault in no I've called Steve Rubin several times on the phone. way can be attributable to any misguidance on your He has always been available to answer questions. He part. I also was very comforted by the feeling you all literally called me at 12 o'clock at night-Also, the conveyed that you're concerned and cared. It showed office people have been really helpful t00...J would that customer satisfaction is important to you and I definitely recommend BAR/BRI to anyone. am a satisfied customer! Thank you!! Columbia Uw School Albany Law School The lecturers were really terrific, I expected that lam very happy with the BAR/BRI program. I feel gitting in front of aTV 3 hours a day would be that you provide an excellent program and I would unbearable, but for the most part they made it almost highly recommend itto others. If Ido not pass the en joyable experience. beC UM Uc e rt D beh lf Co™" ?, **» *•»»' of the J3AR/BRI personnel. Thank you for all your p lam completing this evaluation after the bar exam. I Brooklyn Law School feel that BAR/BRI prepared me extremely well for the ■xam ■"»* would certainly recommend your course. _, » All in aIL I was very satisfied with BAR/BRl....After ' c0n,.,, v* &*,<* hearing what Pieper does to his students' poor hands, I'm truly glad I chose BAR/BRI. Variety is very good I »"* very impressed with the whole operation sine. you really have a captive audience, I expected a lesser in the course of a summer. level of professionalism and earing. I have friends in Brooklyn Law School other courses, some of whom are subjected to scare tactics and panic lectures. I appreciate the lack of the generally satisfied with the lectures and very »me BAR/BRL glad for all the written materials you gave us (the outlines and practice questions). In addition, I Fordham Law School appreciated your obvious support and encouragement was very pleased with tought The way for v. during this very stressful period. presented and the respect BAR/BRI shows its Brooklyn Law School »™ students. A professional, warm and top notch job! Thank you for Essay #6 on the Bar. I was tired but Thank you! when I saw the question, what an adrenal surge. I did Fordham Law School - . - „, * ,°'jJI. i * *° - " -....... .... * . - - rwas, * j - ~,a - BrookJyn U» School „ ,It prepared me for the bar. BAR/BRI wa. excellent «*»,»», HopefuDy, Ino longer need your services, but I would do BAR/BRI again. I learned the law, not just memorised mnemonics and for that I am grateful. Brooklyn Law School - Th. meat effective thing about th. BAR/BRI course was the frame work. It's pretty rigid ..You know what you should be doing at all time. .1 aeem more happy witt.BAß/BRI thu other people aeem in other - WurBW - - . Brooklyn Law School I was very impressed with BAR/BRI. The methods, techniques and materials were all very helpful. Most of all, I appreciated the way BAR/BRI made itself to each member individually; to give your personal home phone numbers to thousands of people was both-daring" and commendable. No matter what the results of my exam will be, 1 know I will recommend BAR/BRI to others. God Bless' Buffalo Law School available, - I would recommend the course to others and don't regret my choice. Buffalo Law School BAR/BRI was great as far as giving me emotional support and confidence in what I did know; (not shaking my confidence because of what I didn't know, like other bar candidates)....ln addition, the good luck letter made me feel good. Thanks. Cardozo Law School - - , Th. materia are very good. Th. mo. importer* thing about the course is that they give you what's ?pSSi people,Whrt v7?TL V°«BAR/BRI to be on £ tie IZ test...Th. were B k,,Wr helpful. They are very, very nice and very cooperative. I'm very pleased. Fordham Law School y*W "- - _~i ~v n prepared This is „,,■.,_, written ~.,,,,� for the 7/31. I felt well on the exam. Where I was unsure I had no problem making something up....N0 doubt you heard the last essay was almost identical to a practice Good show! ■ * " .„. .. . *« '»* * « •«»' J".™ *?"*/** V ** »*•?>*** ' o«orQe*own Law School . ~_ - c fact The Opinion October 11, 1989 I thought the lectures were the best They're very thorough. They give you all the information you need to know. That's what I like best about BAR/BRI. . NYU Law School I would definitely recommend the course to friends I think it's a good way to prepare for the bar. It does «* V* th"t much pressure on yon. 1 followed the I found that during the course the schedule was not that difficult to keep up with. It still gave me a lot of free time up until the last day of class. Preparation has not been that painful at all. nyu Law School . v The . , udience , to vj wg n Uw BMded I also appreriated all the'pen talks" and neourmgemellt gjyen the lectures. I would y- recommend your course p-c# School w^ m - _ - , Overall very-tisfied with BAR/BRI would to m Great job l £ Trunks Pac# SctwA £j £S* , „, !»l«%«co»n>endth.coureetomyfriend.«,dlhave ™ „*„ wumB J, fnm what »«, «. mneh v-a-,. AZZI .pM-Xe£|teh©ol "* . was the best preparation for the bar exam. BAR/BRI _~- __j _k-„, ~._ _LTj„.»_ i, TK had mm i St John'a Law acnooi School ' . . BAR/BU kUtU praiMd No ~ .... tav. been very realUtic about yin to B »Ptali -to get us to pass, that they really try. Despite the fact that ■ **& number of people in the «"• to emne> bvn rtn ny V**** a lot offeedback on the «WJ».J think that my chances on passing are a lot better with this conrse .1 took BAR/BRI under recommendation and I would certainly recommend It to here 1 ' • °* * -Harvard Law School 8 thi> eval,Mtion ttBT "tting 'or the New i,"? • (and before NJ). I York T^" Stat ai Mu,tirt*te exams ** * wovid ■ ne re ly uke to tell you that you all did a tontflc 100 Md <i««erve much praise. Thank you! Hofstra Law School _ - s"°" . " - *" *"* * * BAR REVIEW 12 . WM not gurus. Merely stress hard work wiUiout falling off the deep end. and of will give\ my stamp «» , ._. I would, It s a joy to finally learn all the law I only heard about approval «-««i»else _. ": and anyone friends, to law students who in Uw ,n vhnni ™w KDOOi teteii. Thank you for running a first class vard School H L w " operation. I thought BAR/BRI was outstanding in every way and r tnme d who Mk Th *i>ks to Stan, I didnt find out what I Kked about the course until f? **»BAR/BRI staff. You can be last night when I was talking to one of my friends who SUv*! P""" «* J"0™ organization. was taking Pieper and even though he had all School " N#w York mnemonics down...I just found that he didn't have the grip on the substantive law that I thought I did....1 „ think the lectures really lay everything out for you. ""?• ™ B oo BAR/BRI helped ™c,' ™««'»w« «perience a lot more bearable. I'm They give you enough of an overview that is required glad I took the course. to reeDy be able to handle the essays. I would ' MYU L w Set*** definitely recommend the BAR/BRI course to a friend. Cardozo Law School - What I like about the course is that it is really straight forward....ln addition to learning the law you learn how to answer the questions on the exam and how to write a good essay and that's what really count* ...I found the BAR/BRI personnel very helpful. I call the office all the time with questions and they have always gotten back to me or answered the question immediate!y....l would highly recommend BAR/BRI for anyone studying for the New York Bar nyu Law School . ~ . -St 5t John's Jonn Law t*w School school jTO very wtisfied with the BAR/BRI course. The lecturers were all good and Interesting. I took no additional courses and I feel confident that the main course gave me adequate preparation. g,. j0h,,., . I think BAR/BRI is a good course. It gives students everything they have to kn0w...1 found BAR/BRI people to be very responsive. I found that whenever I needed help, they were there to help me 0ut...1f I missed the course, I could always go to the tape lecture. I could go to the office and just listen to the tapes. I found that to be very g00d....1 would definitely recommend BAR/BRI because it covers everything you have to know. st John's Law School -- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-10-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/11/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b063f309ae53248dbd991319a139eb10.pdf 7dca1da76117c05b20c08ad9b3de1f36 PDF Text Text THEOPINION Volume 30, No. 4 September 27, 1989 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Chief Justice Rehnquist Speaks At Canisius College On Thursday, September 14, Chief JusticeWilliam H. Rehnquistappeared atCanisius College and delivered a lecture entitled "ATale of Two Bicentennials: America and France, 1789-1989."Appearing tired and haggard, Chief Justice Rehnquist read from a prepared text. The subject of his lecture was a comparison of the judiciaries which followed the revolutions in America and France. by Michael Gurwitz Features Editor Chief Justice Rehnquist began with a look at the French revolution. In 1789 France establishedthe "Declaration of the Rights of Man." This declaration, much like our Bill of Rights, established basic freedoms and rights, including freedom of speech and association, a presumption of innocence until proven guilty, and just punishment. Yet in the period of 1793 to 1795, the French embarked on a "Reign ofTerror" in which thousands were executed. The French established "Revolutionary Tribunals" which were a mockery ofthe judicial process. Political prisoners were brought Chief Justice Rehnquist before these courts where the only possible outcomes were death or acquittal. There was no chance to cross-examine witnesses, juries could announce their verdictsbefore all theevidence was heard, and the accused could not speak in their own defense. Eventually even this process proved too slow for the Revolutionary government, and so prisoners were tried en masse, often for unrelated crimes, but always with the intention that they lose their heads to the guillotine. The Chief Justice then examined the American post-revolution. According to Rehnquist, the independent judiciary established by the United States ofAmerica was this country's "most significant contribution to the art of government." While in France the courts were simply minions of the government, the courts in the United States were given an independence which allowed them to withstand the political pressures of the time. Chief Justice Rehnquist cited the case of Aaron Burr. After a falling out with Thomas Jefferson, Burr headed West. In 1806, President Jefferson warned of a conspiracy to cause the States withinthe Ohioand Mississippi valleys to secede from the Union. Burr was named as the lead conspirator and was caught. Though President Jefferson declaredthat Burr was guilty beyond question. Chief Justice John Marshall found Burr innocent. A limited government, according to Chief Justice Rehnquist, made all the difference between the just outcomes of political trials in post-revolutionary America, and the bloodbath which followed the French revolution. The lecture lasted about forty-five minutes, after which the Chief Justice entertained questions from the audience. One young woman asked advice on how to prepare for becoming Chief Justice of the Supreme Court. Rehnquist replied that there is no sure way except for going to law school, working as a lawyer, and then "Being there when the bus goes by." Bruce Brown, news editor of The Opinion, asked about the political nature of the Court. Though it has been stated that the Court exists in a political vacuum (the majortheme of the evening's lecture), Brown pointed out that in theKorematsu case of 1944,the Court apparently bowed to the political pressures of the day and ruled that it was legal to intern Japanese Americans in concentration camps. The Chief Justice responded by sayingthatthe justices of the Court are appointed by a democratically elected President and approved by a democratically elected Congress. The Court, Rehnquist concluded, is neither consciously moved by political pressures, nor popular demonstrations. Sajos Discusses A Democratic Constitution for Hungary Those law students fortunate enough to have heard one of Prof. Andres Sajos' talks on the democratization of the Hungarian Constitution and the deregulation of the Hungarian Economy On Friday Sept. 15, 1989, experienced a candid and good-humored discussion of the remarkable opportunities now open to the Hungarian people by a scholarand actual participant in politico-economic reform. The by Dennis Fordham Staff Writer lecture was made possible by Prof. Meidinger, who invited Prof. Sajos of the University of Budapest to discuss his participation as a drafter of the up-coming Hungarian Constitution and as assistant chairman in charge of deregulating the economy. Theaudience to Prof Sajos' lectures benefitted from the knowledge of a man acquainted with both the practical urgency of the economic crisis that has forced the new developments, and the aspirations of the Hungarians for a democratic constitution. Currently, the Hungarian Constitution is a de jure legal document held-overfrom the Stalinist 1949 imposition of a puppet Communist government. The constitution is basicly a replica of the Stalinist 1936 Constitution, and is not a working element in the judicial life since it is never relied upon in judicial cases. What has existed since 1949 in Hungary is a Communist Party dominated monolithic government. It is now forced by economic failures to recognize non-legal non-Communist parties who call for free elections to Parliament, and a deregulation of state controlled monopolized industry in a glasnost inspired democratization of the Constitution. To accomplish democratization in Hungary, which has a history of only authoritarian control, requires, as Prof. Sajos put it, "imposing democracy upon the people with a German style Constitution and explicit statutory rights." Prof. Sajos sees the need for positive statutory laws such as the recently enacted "right to demonstrate laws" as drawing a clear line against police excesses and manipulation of the Constitution (contrary to the view held by many radicals who see positive laws as contra democratic legislation). A step towards the impostition of democracy (and away from a monolithic government) is the separation of powers between the President and Parliament with the President have the power to nominate the Prime Minister (and Parliament the power to accept or reject) and the power to dissolve Parliament. However, Prof. Sajos fears the Communist government may have retained a trump card since the Communist Party will pick the President despite not having a majority in the Parliament. Deregulation of the Hungarian Economy which currently is wholly state monopolistic is a process which Prof. Sajos realizes, "can only be assisted by getting rid of Party privileges, and not forced by a new constitution." Given, however, that the unsuccessful Com- 1989-1990 SBA Class Directors 3rd YEAR 2nd YEAR Ist YEAR # of Votes Pamela Howell 88 Marc Hirschfield 82 Jim Maisano 78 Daryl Parker 52 Shawn Jacque 48 Brian Carso 44 # of Votes Mark Schlechter Kevin S. Doyle Mark Steiner Mark Phillips Tara Burke Jennifer Latham 46 40 40 35 31 28 # of Votes 52 Judy Buckley Betsy Bannigan 50 Bill Bee 40 Ivan Khoury 36 Aileen McNamara 28 Rob Brucato 26 munist Party is, according to Prof. Sajos, "giving up much responsibility for the economy," the start towards decentralization of responsibility to regional management will be a step forward. As far as individual initiative is concerned, Prof. Sajos foresees "even the second generation under a new Constitution will remain dependent upon the state provided welfare." Finally, if past attempts to give workers control are any reflection on success of such attempts, it is plain to see how easily a de jure system of worker participation was turned into a de facto means of Communist control by co-opting the worker representatives. Overall, Prof. Sajos believes that the process to democratization and free- elections will be a long one, even with the benefit of historic examples of Western countries. As Prof. Sajos reminds us, "the Hungarian situation today is not the same as Lockean 18th Century England or Rousseaun 18th Century France, but is a phenomenon of post-war Eastern Europe that has never known any government but authoritarian regimes." Prof. Sajos is not happy with the Constitution that is to be voted upon by the people but sees it as a necessary step towards getting on with the subsequent process of building up Hungary. Ironically Sajos said, Prof. not "I will protest the constitution, it contains nothing indecent, but I will as a free citizen vote against it." Student Lawsuit Reaches Procedural Climax Majchrzak v. Faculty ofLaw & Jurisprudence, et. al. took some judicial twists and turns last week. Judge John T. Curtin responded to the Plaintiffs' motion for recusal by transferring the case from his dockedt to that of District Court Judge Richard J. Arcara. The motion to recuse was based on Judge Curtin's acceptance of the highest award given by the Faculty of Law and Jurisprudence, the Edwin F. by Bruce Brown News Editor Jaeckle Award. Judge Curtin is one of UB Law't, most distinguished alumni. While the Plaintiffs considered the transfer a victory, Allithea Lango, the defense attorney, emphasized that this was not a decision on the merits, stating, "This is the third case I've had transferred this week, it's not unusual." In another interesting development, the Plaintiffs, on Monday, September 18, temporarily had a default judgement entered in their favor, only to have it undone later that afternoon. This peculiar turn of events was triggered when the Defendants' answer, due Friday, September 15, failed to arrive as scheduled. Plaintiffs Majchrzak and Wienzek then alertly filed an entry of default. Lango told The Opinion that the Plaintiffs'failure to complete service of all the named faculty members made an answer at this time inappropriate and movedto have the time enlarged to October 22. The default judgement was subsequently "undone". The Plaintiffs are still waiting for 12 faculty acknowledgements of the suit. If they are not forthcoming, Messrs. Majchrzak and Wienzek will have to notify them via a processor at a cost of $25 per service. Explaining why they have not yet done this, Wienzek said, "We just don't have the money." HIGHLIGHTS Jessup Moot Court Board Announces 1989 Award Winners pg. 4 BLSA Members Attend Regional Conference pg. 5 ...... . .. �a. u/i/89 RECEIVED BY w9 Coarse Includes: c Mmmmm yB U9 —■—--—------——--—--—-—— Mj Mfc mb DIPPPP I 1«| |j| Jm ft Complete lecture writing # # Multistate Practice and Exam * Multistate Professional Responsibility Exam WPIII n """ U jT I jffm !■ # Multistate Volume tV yVew K>r£ Zflu? K)/a/ne M¥CP n II nTI" * Professional Responsibility Law students discount of $125 will be deductedfrom the cost of $1,075 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1,1989. M IIUS — JO/2/2 CtltHfitlfP r CItHQQ UI'XjIUOO O UUiUWILC For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 747-4311 The Bar Course That Cares. Telephone: (Sl6) 2 The Opinion September 27,1989 �Jessup Competition Successful; Team, Associate Members Named While most students were winding down their summer employment, travels and classes, competitors in the Jessup International Moot Court competition were just beginning to prepare for the 1989-90 U.B. Jessup Intramural. The "Jessup" is by Kimi Lynn King an annual moot court competition held here at U.B. to determine the four students who will advance to represent U.B. at the northeastern regional competition held in February 1990. In addition to invitations for team membership, the current Jessup Board extended offers for two as- sociate memberships on the Jessup Board. Structured similarly to the regional Philip C. Jessup International Law Moot Court, the Jessup Intramural at U.B. requires all competitors to analyze a problem in a selected area of international law. Participants are expected to write and submit an 8-10 page memorial (brief) on the problem. The Jessup Board selected the problem last spring, and all of the materials were compiled and distributed over the summer. In order to minimize the research, the Jessup Board provides all the information necessary for competing, so Law Library Hosts Carnival of Paintings The next time you are in theLaw Library, and your weary eyes need a reprieve, take a look at the series of abstract expressionist paintings hanging on the third floor wall. Installed in August, this series of paintings, entitled "Carnival," is the work of artist Dorothy Shea (1924-1963). by Ted Baecher Staff Writer The paintings are entitled "Carnival" because they depict various aspects of a French carnival, according to Robert Bertholf, Curator of U.B.s Poetry andRare Books Collection. The paintings, says Bertholf, are like a "suite of plays" or "series of stories" in which "various aspects of the Carnival" are represented. Two other paintings were originally part of the series but were sold a number of years ago. A U.B. graduate who studied at the Pratt Institute and Albright Art School, Dorothy Shea had a distinguished art career. She lectured at Canisius College, the Albright Art School and at the Department of Art and School of Education here at U.B. Her numerous exhibitions have been held at such institutions as the Albright Art Gallery, Chautaugua Institute, Melody Fair and Philadelphia Museum. Her important permanent collections include "Bridge Series #32, Structure 1962" at the Albright-Knox, "The Last Supper" at the Amherst Community Church, and "Untitled Brown Study #1" in the Baldy Hall walkway. Ellen Gibson, Director of the Law Library, said the library was selected as the best campus location in which to display Ms. Shea's work because of the high, white walls. Bertholf, who was primarily responsible for bringing the paintings to the law library, says a "natural match" exists between the environment (the high white walls) and the paintings. He further adds that the paintings are in a position which pose "no security problems." Donated by Betty Cohen, a friend of Ms. Shea, "Carnival" is expected to remain indefinitely at the law school. Gibson is delighted to have the paintings at the library and says that reaction thus far has been very favorable. Second year student Carl Tierney agrees with Gibson and believes the paintings "add something to the place." So if you are in the mood for something other than legal research, take a moment to appreciate Dorothy Shea's "Carnival." no outside research is necessary. In addition to the written portion, all competitors are required to present an oral argument before the International Court of Justice. This year's international legal quandry found two fictitious nationstates the Republic of Yokum and the locked in a Confederation of Shangri feud regarding state responsibility forterrorist activities and the permissible use of force in combating terrorism (simple, — — light-hearted stuff). Since most students do not have a background in international law, the competition is unusually difficult because international conflict resolution is governed by unique sources of law. All the competitors are to be given special commendation for spending their first two weeks of school preparing for the competition. All of their hard work and effort was evident on September 6 and 7, when outside panels of judges heard oral arguments. The judges, clerks, and Board agreed that this year's competition was fierce. All competitors are to be congratulated for having undertaken such a challenge. Members of the U.B. Jessup Moot Courtteam and associate members of the U.B. Jessup Moot Court Board are selected based on an equal weighting of their scores on the written and oral components of the intramural competition. Now that the competition is over, the real work for the team is just beginning. All team members are required to take Introduction to International Law with Guyora Binder. Beginning in October, the team members will start research tutorials. When the problem is issued from the American Society of International Law Students Association, team members will begin researching and writing a memorial for the regional competition. The Jessup competition offers students an excellent opportunity to enhance their writing skills and increase their oral advocacy capabilities. All first and second year students interested in competing in next year's competition should watch for information in late March regarding an orientation meeting. Because of the manner in which the competition is structured, students will need to have their address on file with the Board, so they can receive information over the summer. The Jessup International Law Moot Court Board proudly presents The 1989-90 U.B. Jessup International Law Moot Court Team • DeniseColsanti-Munson • Mary Beth Scarcello • Loretta Smith Congratulations to: Jon Eric Braun (Associate Member) Lenny Cooper (Associate Member) • Bill Bee Awards: Loretta Smith, Best Oralist Lenny Cooper, Best Memorial Bill Bee, 2ndBest Oralist Mary Beth Scarcello, 2ndBest Memorial Eric Braun, 3rdBest Oralist Denise Colsanti-Munson, 3rd Best Memorial Denise Colsanti-Munson, ExcellentOralist Bill Bee, ExcellentMemorial Dennis Fordham, Excellent Oralist Loretta Smith, Excellent Memorial Alice Elder / Moses Howder (tie) Mary Beth Scarcello, Excellent Oralist ExcellentMemorial 1989 FALL SEMESTER DISCOUNT $150 WHEN YOU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, NEW HAMPSHIRE, MAINE, VERMONT OR RHODE ISLAND BAR REVIEW. A $50 REGISTRATION FEE SECURES THE CURRENTDISCOUNT TUITION OF $995 IN NEW YORK, $845 IN NEW ENGLAND AND $745 IN NEW JERSEY. BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ THE LAST DAY . IP DE AkMMffiED -r TO SAVE $150 IS f>_ i , September 27, 1989 The Opinion 3 �opinion elf STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 27, 1989 Volume 30, No. 4 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Bruce Brown Features Editor: Michael Gurwitz Photography Editor: Jeff Markello Editorial Student Groups Need Financial Freedom Every year representatives of student organizations attend a lengthy budget hearing to fight for their share of the limited SBA budget. Many students fail to realize that the minimal budgets student organizations are awarded at these hearings are in essence out of their control throughout the school year. It seems logical that students willing to donate the time to run law school organizations should be able to easily obtain money from their budgets to buy things such as office supplies and materials for making posters. This is not the case. The entire SBA budget, including the budgets of law school organizations is closely guarded by Sub-Board I, and helping student organizations get access to their budgets does not appear to be one of their main objectives. The "easiest" way for a student organization to get money for a project or event is for the students in the organization to put up their own money, collect receipts and turn them in with properly filled out forms to SBA. SBA then turns them in to Sub-Board I. It is often weeks or months before the students are reimbursed. The alternative to this quick and easy method is to plan an event at least six weeks in advance. Receipts have to be collected in advance from vendors who are often unwilling to write out a receipt when no cash or merchandise has exchanged hands (can we blame them?). Vouchers and documentation of the intended purchase is then turned in to SBA and subsequently to Sub-Board I. The result of all this paperwork and running around, hopefully, is a check given to the student organization. The check is made out to the vendor and students are then able to go to the vendor and make their purchase, hopefully before the end of their event. It is not the end, however. Students have to return the original receipt to Sub-Board I after the purchase. This is to prove that we unscrupulous law students didn't have a night on the town with a check for $20.00 made out to an office supply store. Sub-Board I has little faith in law students. Often, their watchdog tactics have the effect of dictating how student organizations should spend their money. Is this not for the organizations to decide? Unlike the typical undergraduate student getting his or her first exposure to balancing a checkbook, most law students have had years of experience handling money and balancing budgets. We are respectable individuals entering a respectable profession and most of us have no desire to skip town with the hundred dollar budget that was allocated to our group. We want pencils and typewriter ribbons, not company cars and executive suites. Is it entirely unthinkable that student organizations should be in control of their own budgets? SBA and the other law school organizations are part of an unproductive edifice whose end result is constant bureaucratic delays. Due to the inordinate amount of red tape, bills are not paid on time and cash is not accessible. SBA, along with all the law school organizations, needs to start working now on a way to put the students' money back'in the hands of the students. Staff: Ted Baecher, Dennis Fordham, Eric Katz, Jim Monroe, Alice Patterson Contributors: Maria Germani, Kimi King, Bob Linden, Maura Malone, Fermin Soler, Andrea Windiey 'Copyright 1989, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUN YAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Students Urged To Evaluate JAG Issue On Their Own To the Editor: I often find The Opinion to be interesting reading, particularly the editorial and Mailbox features. But every once in a while a facile attempt at misrepresenting the facts of a current issue "slips" in. I am referring to the letter "JAG Controversy Revisited" by Nathaniel Charny in the 13 September 1989 issue of this past week. Charny's assertions are at best spurious and obfuscatious. At their worst, lies; insofar as not telling the whole truth is functionally the same as telling a lie. Since Charny refused to name or enumerate the institutions he alleges discriminate in their hiring practices, I will; he is referring to the Judge Advocate General Corps of the U.S. military and the Federal Bureau of Investigation, the only two that fit his ill-informed and arbitrary definition of employment discrimination as applied to hiring institutions. Charny makes it a point not to mention that the hiring policies of these two institutions are mandated by Federal law and regulation; proscriptions against homosexuality being compulsory in the military 4 and in the case of the FBI concommitant on the sensitivity of the position being applied for (see 42 USC 2000-e-2 and 10 USC 505, 591, 1216, 1331 for starters). The supremacy of these institutions to set their own standards for their personnel has been consistently upheld by the courts. The proscriptions that Charny is against, i.e. homosexuality handicapped status, and age are considered bona fide job requirements, not to serve as the tools of discrimination that he purports them to be. Charny outright lies when he implies that sexual preference was added as a protected class to the CDO policy solely to comply with Gov. Cuomo's Executive Order 28 and SUNY Resolution 83-216. It is clearly stated in The Opinion of 10February 1989 in an article by Jennifer Latham in paragraph three, "This ban is based on the addition of sexual preference to the school's anti-discrimination [which] was the result of a policy student initiated policy organized by the National Lawyer's Guild." In the Mailbox feature of the same issue, this charge is re-affirmed in an article by Associate (continued on page 5) The Opinion September 27, 1989 .. . Student Alleges Opinion Reporters Lack Objectivity To the Editor: Once again, The Opinion has written a cover story on a sensitive issue with its usual degree of objectivity. The story in the September 13th issue entitled, "Students Bring Suit Challenging Faculty Statement" was so completely biased against the students and the suit that one wonders why, on page six, they bothered to write an editorial on the subject. It was redundant. The front page article was nothing other than an editorial itself. Messrs. Brown and Baecher go to great lengths to quote no fewer than five people in opposition to the merits of the suit, while they apparently could find not one in support of it. They make statements like "[t]he two irate students are claiming that the faculty statement, which has never been enforced...." The use of the term "irate" is obviously meant to give the appearance that Messrs. Weincek and Majchrzak are out of control (the word "concerned" would have done just as well). Clearly, the reference to the nonenforcement of the statement is to make the prohibitions contained therein appear somehow benign. Would the two writers of the article then say that the antisodomy laws of a number of states, which make oral sex between consenting adults illegal, are perfectly alright because they have not yet been enforced. I think not. The article mentions the motion, by the plaintiffs in the suit, to have Judge Curtin excuse himself based on the appearance of impropriety. The writers prominently quote Professor Nils Olsen who states, "that's pretty silly and a real insult to a very fine judge." Aside from the fact that such a motion is not meant to insult a judge, but merely to ensure justice, the writers failed to mention that Judge Curtin was just given an award and honored by this law school last year. Would you want a suit decided by a judge who was just given an award by your opponent? The Opinion writers further fail to mention that the motion was granted. Apparently, Judge Curtin agreed more with the plaintiffs than with Professor Olsen. To Judge Curtin's credit, he didn't find the motion "silly" at all. The article goes on to quote Dean Filvaroff extensively. He is quoted, in response to the comments by William Bennett, as saying, "I would not back away from being called a liberal law school at all. 'Liberal' implies freedom of exchange of ideas which is what education is all about." Very noble! However, no mention is made of the Wall Street Journal's Aside, on the Review and Outlook page, which quoted a Professor of History here at UB as saying he was unaware of a single conservative professor at the law school. The Journal then asked "is that liberal or illiberal?" Someone should also point out to the Dean that it is the freedom of exchange of ideaswhich the First Amendment is dedicated to protecting. It is this veryfreedom to exchange ideas which the faculty statement is attempting to limit. The writers of the article make a point of mentioning that the faculty amended the statement in May 1988, but that the complaint doesn't mention this. Perhaps that is because the amendment is meaningless. What does it mean to say the faculty "does not contemplate [the] imposition of sanctions...." Doesn't anyone wonder why the amendment doesn't simply say that no sanctions will be imposed for pure speech? These are lawyers (continued on page 5) Classics Professor Proposes Faculty Statement Revisions To the Editor: I have been attempting since February '88 to convince the Law Faculty that part 3 of its 2 October '87 resolution is a serious attack on the intellectual and academic freedoms of its students. My own view is that the Law Faculty made this mess and it is therefore up to the Law Faculty to fix it, but nothing whatsoever, to my knowledge, has been done. Please note that by the resolution of 20 May '88 a committee was to be formed to make recommendations for action by the Law Faculty at its first meeting in October 1988. Needless to say, nothing has been done. But, to assist this supposed committee in its deliberations I wrote a memo this Spring which I would like to summarize. 1. I reminded the Law Faculty that we are in the business of educating our students, not hurling "condemnations" at them, and that such activity is abhorrent to our profession and a violation of its duties. 2. The third part is so vaguely worded as to be worthless, and indeed dangerous. I point out that by its wording there is nothing which could be said about any of the groups mentioned which could not be interpreted as a violation ofits terms. 3. The offense aimed at in the thirdpart is described in technical jargon and in words not a part of the English language. I especially point out the objective meaninglessness of the terms "homophobic" and "ageist." 4. "Swift condemnation" is the language of criminal justice. No one knows what that means in this context or what kind of "dialectical extension" an enraged Law Faculty member could give to it. Ah, what a brave new world this would be! Imagine speech police roaming at will armed with the power of swift condemnations! 5. Par. 3 is aimed not merely at the regulation of speech, but at the thought which underlies the speech, which is even worse. I reminded the Law Faculty that the attempt to excize evil thoughts by forbidding and punishing their expression has always failed. Here the paragraph requires the listener not merely to condemn the act of speech, but more properly fo determine the intent of the thought behind the speech and to punish that. Ex: Were a student to stand up in class and declare that in his opinion all persons ought to be subject to mandatory retirement at age 55, the immediate issue for the member of theLaw Faculty is to determine whether the statement betrays "Ageist" "prejudice and group stereotype" (how?). If the faculty member determines that this is the case, he will subject the speech and the speaker to "swift condemnation;" otherwise he may not. 6. Which special groups should be included in the par. 's protection and which should not? What criteria did the Law Faculty employ in coming up with its list? Why were innumerable groups deleted from protection and others included without any explanation? The clear and immediate danger argument doesn't wash because the resolution includes groups about which there were not antecedent claims of "speech victimization." No objective criteria were established for exclusion of groups from protection. 7. / recommended the excision of that paragraph and the substitution for it of the following: "We affirm the right of every student to speak freely on any subject, and to hold and express opinions on any matter whatsoever, and we vigorously deny the existence oftaboo subjects of speech which may not be discussed freely, openly, completely, from every point of view, by every student, without fearofcondemnation or punishment." It is the business of the Law Faculty to encourage, not discourage, speech, all speech, not just certain types of approved speech, not just orthodox speech, but all speech. Official ominous and vagu"; decrees have the opposite effect. Did not the US Supreme Ct. recently say: (continued on page 7) �Law Students Travel To Boston For BLSA Conference The northeast region of the National Black Law Students Association held its regional meeting on Saturday, September 16, 1989 at Harvard University. Approximately 60 students, representing 18 law schools were in attendance. Representing SUNY Buffalo were BLSA president Valda Ricks, a second year student, BLSA Regional Treasurer Beverly Britton, a second year student, and first year student Andrea Windley. by Andrea Windley The purpose of the regional meeting is to inform the various BLSA chapters of events taking place within the region as well as to inform them of any problems or changes that have occurred on the national and regional levels. The foremost topic on the agenda at the regional meeting was the BLSA/NALP job fair. The job fair is being held on October 6,1989 at Fordham School of Law in New York City. More than 225 employers from private firms and public interest associations willbe participating in the job fair. NBLSA plans to begin a monthly newsletter which will include; featured writers, announcements, current events, South African Task Force updates, poetry and BLSA news. SUNY Buffalo will be among the law schools in the region which will contribute to the first edition of the newsletter. For the second year, NBLSA will be engaged in the Adopt-A-Highschool pro- gram. The purpose of the program is to encourage African-Amercian students to pursue a legal education and to increase awareness amongst African-American attorneys, law students and pre-law students of the needsof the black community and their responsibility to address those needs. In New York City, BLSA chapters have been very politically active. They have formed a political action team which has registerd over 500 voters. They are also working with the People's Coalition For a Just City Governmentto ensure that New York City makes a fair and adequate proposal for its charter revision. BLSA members have done legal research and have prepared a legal memorandum for the coalition. One of BLSA's upcoming events is A Leadership Conference And Alumni Reception. The conference will be held on October 28,1989 in Hartford, Connecticut. The University of Connecticut School of Law will be the host chapter. The theme of the conference is "The Shape Of Things To Come; Challenges Facing Black Lawyers In The 90s." There will be a sub-regional meeting on October 14,1989 at SUNY Buffalo.The next regional meeting will be on November 11, 1989 at Syracuse College Of Law. All BLSA members are encouraged to attend the regional meetings and conferences. The National BLSA Convention is tentatively scheduled to be held in March 1990 in Detroit, Michigan. Bronx DA Discusses Internship, Employment Opportunties Assistant District Attorney, Frank lanucci, visited the UB Law School, September 15, 1989 to hold interviews and to encourage first, second, and third year students to join theBronx District Attorney's Office. by Maura Malone "Do you want to be fascinated and enthralled by your work?" was the question lanucci repeatedly asked the approximately thirty students attending the brown bag lunch. He emphasized that, in the DA's office, attorneys learn by doing and that they "learn to think on [their] feet and make judgements." lanucci's audience could well believe him, as lanucci worked the room recalling anecdotes from his eleven years in office, telling of the pressures he faces as an as- Reporters Lack Objectivity ment, the writers do quote Lisa Morowitz of the National Lawyers Guild, who says, "three years later to come in and wage war and not look at the context of the on thefaculty. They know how to preclude sanctions if that is what they mean to do. Does the amendment mean that, because no one has, at this time, violated the statement, the faculty, at this time, does not "contemplate" sanctions, but tomorrow might change that. Clearly, the amendment does not preclude sanctions. The amendment signifies nothing and is not worthy of mention. Why does the article not mention the second part of the amendment which "requests that the committee on committees authorize a student faculty committee to commence work during the summer to produce clarifications to the statement, for action by the faculty at its first meeting in October 1988." Has anyone seen or heard any of theseproposed clarifications which the amendment seems to admit are needed? While failing to mention that amend- sistant district attorney, and putting students on the spot as to what they would do in like circumstances. lanucci, who has tried a range of violentcrimes and received death threats, admitted thatthe job has changed his perspective. Noting that before coming to the DA's office, he had been involved in such actions as the march against Kent State and Vietnam Vets against the war, and had considered himself a liberal, lanucci admitted that he now believes "that 10% of the population is bad" and "there are a whole host of crimes that deserve the statements which death penalty" brought looks of discomfort to some of his audience. The Bronx DA's Office hires approximately 50 attorneys each year. The office . — . ment, the writers do quote Lisa Morowitz of the National Lawyers Guild, who says, "three years later to come in and wage war and not look at the context of the statement is wrong. Of all the injustice that is going on in the world, this lawsuit is a waste of time." First of all, I didn't realize that the more injustice there was in the world, the less justified we are in protecting our constitutional rights. Perhaps Ms. Morowitz believes that if we have a little more injustice in the world we can suspend the right to trial, or the right to life or liberty, or perhaps the consituation itself. That is a typical leftist approach: claim there is too much injustice and use that as an excuse to suspend all human rights. Furthermore, if Ms. Morowitz really looked at the incidents which led to the faculty statement, she would realize that they are all already prohibited by the laws of harassment, assault and vandalism. There is no need to suspend the First Amendment. None of the acts of which she speaks will be protected if these students win their suit. Only free- has a total staff of 351 people. Approximately 1500 + 3rd year students apply for positions; all students requesting interviews will receive one. Starting attorneys are required to give a 4 year commitment and to live in New York City, lanucci noted that most attorneys stay 4-5 years. First and second year students may also request a 10 week summer internship. The internship entails rotations to the various bureaus with the DA's Office, to observe and assist assistant DAs for two week periods. The internships are not paid, but the number of internships is basically unlimited. A primary concern of students was the low starting salary ($28,000 to start, with a raise to $31,000 upon passing the bar), lanucci admitted that the salary was low, noting that he had "painted living rooms on the weekends for 4 years to pay off student loans," but added that the salary increases to approximately $42,000 after 2 years, lanucci currently makes approxi- dom of speech (sound familiar?) will be protected. Perhaps, also, Ms. Morowitz can explain to me what difference three years makes. I didn't realize that if you suspend a constitutional right for three years, then you were never again allowed to try to regain it. The article also quotes Jim Monroe who "doubted whether the plaintiffs 'sincerely mean to uphold the First Amendment' and wonders 'what type of racist and sexist speech they believe should be protected.' " It would seem that Mr. Monroe would grant free speech only to those who would speak of things with which he agrees. If we do not protect all speech which is meant to convey an idea, no matter how much we may disagree with that idea, then we have protected nothing. It is speech with which we disagree that we are most likely to try to supress, and it is, therefore, that very speech that we must take care to protect, lest we destroy the right forever. I can only imagine Mr. Monroe, if he had lived during the forming of the constitution, asking, "what kind of treasonous speech are you trying to protect? What kind of blasphemy are you trying to protect? What kind of anarchistic speech are you trying to protect?" And on and on. Perhaps, from now on we can all go to Mr. Monroe and ask him what kind of speech he finds acceptable, then we can be assured of never running afoul of the First Amendment according to Monroer If we do not protect the speech withwhich we disagree, we have protected nothing! Finally, Associate Dean Albert, obviously in favor of the faculty statement, expressed his delight at the thought of finally getting to hearfrom a disinterested judge. I join him in his delight. However, I doubt if, after the verdict is rendered, he will join me in mine. Keith L. Woodside The Bronx DA's office is headed by Robert Johnson, who was elected in a much publicized election last year, during which the incumbent, Paul Gentile, was forced to withdraw following allegations by Rudolph Guiliani that Gentile was using federal investigative information for political purpose, lanucci noted that the office is in a state of flux and that Johnson is overhauling the office. Further information regarding positions in the Bronx DA's Office is available at the Career Development Office. from page 4 JAG Dean Lee Albert, which states in paragraph four, "The ammending process began abouttwo yearsago with a Student Bar Association resolution requesting protection of gay and lesbian students." This is an obvious case of special interest groups applying pressure to institute a policy change to further their own agenda at the expense of others. The faculty was all too willing to rubber-stamp it for them with their special-interest seal of approval. This ammendment therefore absolutely was not a case of the faculty merely trying to align its policies with the law. Which brings me to the point that Executive Orders and SUNY resolutions are nof law, even though Charny and his comrades seem to think so. They are either ignorant or fantasizing. E.O. 28 and SUNY 83-216 are internal administrative regulations that cannot be applied to outside third parties. A good example of this is illustrated by Under 21 v. Koch, Mayor of the City of New York, in which the Court of Appeals of New York, Wachtler, C.J., held that an executive order of the mayor was an unlawful encroachment into the unique public policymaking regime of the legislature when it attempted to regulate the behavior of contracting third parties mately $82,000. Editor's note: The motion to recuse resulted in a transfer of the case to the docket of Judge Arcara. This action took placeafter publication. The fact that Judge Curtin was given the Jaeckle award was noted in the paragraph above the Olsen quote. The second part of the amendment was printed along with the entire faculty statement on page three. from page 4 by prohibiting employment discrimination against homosexuals, a position not yet taken by the duly-empowered legislature. Now to Charny's baseless defamation of UB President Steven Sample. Charny only shows his complete and utter lack of critical ability and objective judgement in these areas. To say that homophobia (?) was Pres. Sample's reason to come to the conclusion he did is nothing but a low, derisory slur against a competent executive who was only doing his duty, and such an accusation is beneath contempt. Such an infantile reaction is, however, an excellent indication of the shallowness of Charny's mind and his total blindness to any of the other considerations that Pres. Sample may have had to make, given his responsibilities to the rest of the University community and the other 26,000 students that attend ÜB. Charny's other lowly assertions such as Pres. Sample does not care about the rights of students or that he has rubberstamped bigotry and prejudice as hallmarks of university policy should be given all the consideration they are due: none. As for Charny's moronic charge that Pres. Sample had no legal reasons to strike down one of the law school's pet policies is further proof of the degenera- tive condition of Charny's faculties. In addition, for Charny to imply that Pres. Sample did not have the authority to do so is as patently ridiculous as saying Pres. Bush does not have the authority to regulate the conduct of the Department of Defense. As hard as it is for Charny and his ilk to believe, there are students who may want to meet with the military and FBI recruiters without having to leave the confines of the law school or the campus to do so, which is exactly what the law faculty and other individuals intended. Charny asserts that these recruiters were not prevented from recruiting at the law school, but this is just another one of his many lies. One just has to give a brief perusal to the headline of The Opinion's issue of 26 April 1989saying, "FBI Recruiting on Campus Thwarted" to see this out- right prevarication. Pres. Sample was, in his action, making sure that students wishing to meet with these recruiters not be denied the opportunity to do so because of the actions of a few dogmatic individuals, who see the only furtherment of their own cause, regardless of the means used or the costs incurred by others. The law school went far beyond the pale of its own authority by issuing this ammendment, which also contradicted the long-standing University policy of free and open access for all. Pres. Sample had no choice but to round up a runaway law faculty and put it in its place. As much as people like Charny would like to dictate and impose their views on others, they will not be allowed to do so, and Pres. Sample's actions are indicative of this view. The rest of Charny's comments, such as his Nazi-Aryan eye color euphemisms and his rallying squeak to the flag of the NLG show that Charny operates in an intellectual Bermuda'sTriangle; good information goes in, but no good ideas come out. I urge anyone thinking of joining with him to make their own determination on whether his cause, or more importantly, his tactics and methods are right and just, and to look at all sides of an issue after having disseminated all of the relevant information, and not to just take his word for it. If the diatribes of Nathaniel Charny is the result of a UB Law education, we can all watch ÜB's Law School ratings fall through the floor, as if they have notfallen enough already. September 27, 1989 The Opinion Drew Miller Page five �You'll Pass Because We Provide Complete, Readable Texts :■>m-?;t*Z&C<.. :xxx*::::::::;: ' lflill. whsssjw' : :: .- . ....... :::: .;:'!■- :'!.':* -:-' '.;:..':: :'; ..-yx>V:':"'::x: >■•''" :x:: i:'vWv :VV;S-»..- ..;••;;■:•■•:■..'*<:•-'■' ...■:.:.'-■ ■:.:. -■ *::■:: «,:^''.r-:y. ;:fcf;-V .-■:'- ".ssS;:';! w■■■■■ ; ■■.: :;; -:: ;x ;■.::-■■.-;:: ■■■.:■■:.:■;.■■ : ■::. : : -:: ':■: .-.-"■.;:.:' v * Jx'xjxVxxSS. s%> : v^vxT'':. ; -; ■'-V/'':":-;: ':'..;::':fj .■:-;'■ xy'" : x :'-.' :^-u.>';':r^-'' I:SSSS::;::¥ffi¥i. - ' -v:x.-,i;V'- *' ..-' '. ' ..-xt-,.J'•••:;.■; "* :: :. x . '""'. :: y-<;'.x:'.-r.-. ,••'•.■-:.:■■' :;.<■.■•••■ >••..•■-■ i-. ;;-S. Stating the law is easy, but preparing bar review materials that explain the law is not. Bar review courses must provide all the law that could be tested on the Bar Exam while avoiding the temptation to include matters which are beyond its scope. Our expert staff of experienced lecturers and editors ensure that our materials are SJ •-•-■■■ .. •'.,*-'. ....■>. - ••'xK'rx s '" <> rVI "V" : 'Xxxx: ■■:::«:: ~....- -■■■•::■:::".: ":*>:'::■. »-!S.-i;: .:::■::- «■•■■■-:::■•:. "•" '-"■-■■-••.,;■-.:;-• ..:<a ..■■■.:■■:".•■■ '':'.:.■■:-': "V ■ .'.■■•• ■ ::: ::: :::::::: ':: :;:; :x: x : :: :SSSS :■* xxX:;:; 11 1 'x^ffiSxxxxffixxKx 'x'xxyx:x:x:y complete, accurate, and clear. Our students particularly like our narrative texts, which teach the law better than the abbreviated "outlines" used by other bar reviews. We're convinced we've got the best written materials in thebusiness Compare ours to othersand see for yourself, - Get the Kaplan-SMH Edge! •M STANLEY H. IJ I fll\r\l I . JTT U \ JlVlrl BAR RFV FW SFRV JUIW CFS IVLVILVV Jv ILJTVIV [800) KAP-TEST 6 The Opinion September 27, 1989 [800] 343-9188 Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. «.», Tonawanda, New York 14150-8917 «>pp*» bo-*™. (716) 837-8022 ©1989 Kaplan-SMH Printed in USA �NLG Leads Protest Against Rehnquist Decisions national vice-president of the Guild, stressed thatthis was not just a spontaneous response to a local event. Rather, he went on, UB Law, Berkeley and Michigan are among 26 law schools at which ongoing movements geared toward demographic diversity and the preservation ofcivil rights will be found. While this action was calculated to raise awareness about the vulnerability of affirmative action and reproductive rights at the Federal level, future actions will focus on the "need for UB Lawto strongly assert it's support for affirmative action by diversifying its faculty and student body." Oechsner emphasized that "from a national perspective UB is better than most, but the NLG would like to see the school hire an openly gay professor." Additional gaps in the faculty, he noted, are the need for Asian and Hispanic professors as well as the NLG's desire to see the administration set an overall goal of 50% women on the faculty. Another NLG spokesperson stated that the goal of diversity within the school is a necessary element of the public interest perspective emphasized here at ÜB. "No institution can adequately respond to the needs of the public without reflecting the diverse makeup of society." Since the elevationof William Rehnquist to Chief Justice, the Supreme Court has increasingly been the subject of political action aimed at tempering a perceived move by the court's current majority to restrict past decisions on affirmative action and reproductive rights. by Bruce Brown News Editor The Chief Justice's recent visit to Buffalo prompted members of UB Law's National Lawyers Guild (NLG) to brave the cold and rain to get out the message that they will not stand idly by as the "Rehnquist Court" dismantles hard fought rights. A groupof nearly 75 protestors greeted the Chief Justice with signs, chants and a handbill which declared "so dramatic is the impact of the 1989 decisions that the parallel that comes to mind is the postcivil war reconstruction era. Back then, it took 33 years to get from the promise of Student Protestors Outside the Emancipation Proclamation in 1863to the bleak reality of "separate but equal" endorsed by Plessy v. Ferguson in 1896. Due to unforeseen space limitations, part 2ofIsabel Marcus'essay on her experience in China will be printed in the next issue. of Canisius College This time, it has taken 35 years to get from the glowing promise of Brown v. Board of Education's 1954 to the'Civil Rights Cases' of 1989 that have seemingly enshrined the principle of 'unequal but irrelevant.' " The protestors were made up of law students representing the NLG and local members of the National Abortion Rights Action League. Troy Oechsner, a UB Law student and Faculty Statement Law School Committee Deadline Extended from page 4 "It there is a bedrock principle under- written student brief on the excuse that the student "meant well"? I must assume that if the Law Faculty continues to refuse to examine this paragraph, it is simply making a collective assertion that in the defense of orthodoxy it has the right to utter tripe, dangerous tripe. It does have that right. But I hope I may be allowed to hope, even though I have been described as a fanatical ideologue and worse by members of the Law Faculty, that reason will eventually triumph. Sincerely, Thomas C. Barry Classics lying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." In short, par. 3 is a farrago of inadequate thoughts badly expressed, and as an act of communication of the Law Faculty, is a disgrace. The only consistent and plausible excuse for the paragraph I have heard from members of the Law School is: "It was a terrible situation, and we did the best we could. We meant well." Would you as Law Faculty ever excuse an inadequately conceived and badly The Student Bar Association is extending the deadline for the law school committee sign-ups. The new deadline for committee signups and letters of intent is Friday, September 29, at 5:00 P.M. Committee candidates will be assigned an interview time which will be posted Monday, October 2 on the SBA door. Interviews will be conducted Tuesday and Wednesday, October 3 and 4, from 5:00 P.M. to 10:00 p.m. A description of each of the committees and their functions will be posted along with the sign-up sheet. Be sure to sign up NOW!!! 1988 New York Bar Exam Results The following percentages are based on all persons who took theSummer 1988New York Bar Examination for the first time. New York State Pass Rate BAR/BRI Students -'. '" ■'-"■. ;; ':' ■"-. ■-Xj-"- ' : . X (,*"■"' '- ■-.:'■• V; -.',-- X xx' » : :••: ■ '■■•. -: -: x : .■.-;,•■ X-V l 'X." X.xXXX-x.'\ s .-';--'--Vx-'i::r-%--;'.'---x%'x ■':' -:xxx..;J <,*',' "~ '•' -.'■ '.X kv - rc; v J f •-;•; >-jf '■■'■ X" .- X -' „ <* , ,- \■ x > X-■ ii.-.X <■■■:■- '•-" j Non-BAR/BRI Students , : ."'■. Tir''-t ..-X-~ ;XX'.'X''.X.< XXO.XX'X- '";.-.;., ,X V '■ ■ >; .. ' X.'X ." \ „ > ; XX -~*'~' ,V -. ■ > .'' X ■% ■-,;, ;,■.■'- Another Reason More People Choose BAR/BRI Than AllOther Courses Combined. BAR REVIEW New York and the Nation'sLargest and Most Successful Bar Review PLEASE NOTE: All percentages hair been rounded off to the neuM wholenumber. 1989 BAR/SRI September 27, 1989 The Opinion 7 �Modesty prevents us from telling you how good BAR/BRI Is. I Therefore... we've let BAR/BRI students do the talking. | I was as prepared as I could have been. The exam D0surp 9eB U was bvin n 'Kh k>iare, but to d thU gain ""'■ v BAR/BRI again. will itake Albany Law School £?i™, " *° " " - ■ ... ' ' _t... v Your course was worth the money. I couldn't .magine being more V\ didn t pass the fault in no way can be attributable to any misguidance on your part I also was very comforted by the feeling you all conveyed that you're concerned and cared. It showed that customer satisfaction is important to you and I am a satisfied cuatomer! Thank you!! Albany Law School - lam very happy with the BAR/BRI program. I feel that you provide exceUent prc«ram and I would highly recommend it to others. If Ido not pass the bar, it will not be because of a lack of effort on behalf „ your «ffi,.iiiii/niii~, tl v. you for all of the BAR/BRI personnel.i Thank an. ' p _- , _. Brooklyn Law School . AU.nalLlwMv.rys«tirfiedw.thßAß/BRl...After hearing what Pieper does to his students' poor hands, I'm truly glad I chose BAR/BRI. Variety i. very good in the coura. of a aummer. Brooklyn Uw School - I was generally satisfied with the lectures and very mt.A tZ. .it »k. __:»� -i glad for all the wntten matenaJa you gave us .It the outlines and practice questions). In addition, I appreciated your obvious support and encouragement for us during tins very stressful period. BAR/BRI gave me structure that I needed for the bar. • Looking back, I think I would be in tough situation had to aPPro ch thi» on ,ot of friends who have been taking other courses and I've sort of compared what they're learning and what I'm learning and I think that BAR/BRI is doing a really good job....The BAR/BRI personnel is very helpful. I've called Steve Rubin several times on the phone. He has always been available to answer questions. He literally called me at 12 o'clock at nighCAlso, the office people have been really helpful t00...J would definitely recommend BAR/BRI to anyone. *' " • ' . Columbia Law School The lecturers were really terrific, I expected that sitting in front ofaTV 3 hours a day would be unbearable, but for the most part they made it almost an enjoyable experience. - Ho^ rT^ J! U . - — - I was very pleased with what I was taught The way V2*" | - "S? viewer. Fordham Law School - Uw « ' shaking my confidence because of what I didn't know, like other bar candidates)....ln addition, the good luck letter made me feel good. Thanks. - I Cardozo Uw School I didnt find out what I hked about the course until fast night when I was talking to one of my friends who was taking Pieper and even though he had all mnemonics d0wn...1 just found that he didn't have the grip on the substantive law that I thought I did. .1 think the lectures really lay everything out for you. They give you enough of an overview that is required to really be able to handle the essays. I would definitely recommend the BAR/BRI course to a friend. Cardozo Uw School 8 « * - BAR/BRI was great as far as giving me emotional support and confidence in what I did know; (not - ting thu vtln« tl<>n for the New '"? • exams •**•«• (and before NJ). I York State and Multistate *" T? B,ncere,y uke to 7°° that you all did a terrific ob nd d«^nr """eh praise. Thank you! Uw School " W « ' * **«*»*« ,I thought . . „ „ m „, was outstanding in every way and '* A BAR/BRI wm recommend it to all who ask. Thanks to Stan, St ve Erica aß<l tbe BAR/ 8111 "taff. You can be P nmd' rf Jwnr organization, w York Uw School " ° "* v?raD the eo ,rBe WM "W ***■ BAR/BRI helped ™c.' miMr»hle experience a lot more bearable. I'm ffad I took the course, * NVU Uw School ' BAR REVIEW The Opinion September 27, 1989 . , yearTof thTaudience. .. ... . J _ rw.~n „.™ —«.*~i „•.». mo mm - ,j School * P«e. Law acnooi _ «v_ «k «.. » v, ~ ,-,.„, v i"" £"",£* *?*? ""l?**. 5-. *v _._• vt. . •_. j thamdc^thinkthisiamuch^tia, ** £T . * o BAR/BRI was the Ideations on the exam. Where I was unsure I had no problem making something up. ..No doubt you heard the test essay was almost identical to a practice question. Good show! Georgetown Law School Trf* 1i mithtfVnLhnl\H^Z^JZ.l, !™™^t^!T^™,^n in «rr„vd ,D Kaom I was very impressed with BAR/BRI. The methods, ""* * "•rvard L** School techniques and materials were all very helpful. Most of all, I appreciated the way BAR/BRI made itself ! «T reahBbc 'ho"4 available to each member individually, to give your "*• ttheeyfactP8 yln to BC )mbeen PliBh -to get us to pass. personal home phone numbers to thousands of people ? V / was both "daring-and commendable. No matter what 'hke the feet that they really try. Despite the fact ttat there ta a ■*«• num her of people in the the results of my exam will be, I know I will toant have etaMy Rott*o a lot of feedback on the recommend BAR/BRI to others. God Bless! ' think that my chances on passing are a lot aasays...l Buffalo Law School better with this course...l took BAR/BRI under recommendation and I would certainly recommend it I would recommend the course to others and don't to <*****■ regret my choice. Harvard Uw School Buffalo Uw School - . - - m memorised mnemonics and for that I am grateful. Brooklyn Uw School c n ~*ii Uw School Brooklyn I thought the lectures were the best They're very thorough. They give you all th. information you need to know. That'a what I like best about BAR/BRI. NYU Law School BM( School ; - BAR/BRI for . NYU Law School .- - Th. most effective thing about the BAR/BRI course was the bam. work. It's pretty rigid.You know what you should be doing at all time....! seem more happy with BAR/BRI than other people seem in other immediately....! would highly recommend anyone studying for the New York Bar I would definitely recommend the course to friends I think it's a good way to Dreoare for the bar It do«. Cornell Law Law ocnooi School iromeii not put tnat much pressure on you. I followed « the Khedu]e I found that during th. course the achedul. I»™ completing this evaluation after the bar exam. I was not that difficult to keep up with. It still gave me foe] that BAR/BRI prepared me extremely well for the a lot of free time up until the last day of class. exam, and I would certainly recommend your course. Preparation has not been that painful at all. Cornell Law School NYU LawSchoot I»» very impressed with the whole operation Inc. fa well-organized and set-up to -spoonyou really have a captive aud.ence, I expected a lesser Th to After 3 level of professionalism and caring. I have friends v, bw other courses, some ofwhom are subjected to scare , , i_-i i i »n. • j tactics and panic lectures. I appreciate the lack of the M encouragement throughout given the lectures. Ii would hap /ppi «»e,>.« at BAR/BRI. tmaumni Fordham Law School p-c# gghooi Thank you for Essay #6 on the Bar. I was tired but Thank you! when I saw the question, what an adrenal surge. I did Fordham Law School well in the bar but having done Essay #6 already and knowing th. modi Th. material, are very good. Th. mo* important gift Thank you. BrookJyn Uw important and what isnx So you can know what is ent -The BAR/BRI W PrePMW,mefo thebM answer « What I like about the course is that itis really straight forward....ln addition to learning the law you learn how to answer the questions on the exam and how to write a good essay and that's what really counts I found the BAR/BRI personnel very helpful. I call the office all the time with questions and they have always gotten back to me or answered the question ™ n D preparation for the bw exam. BAR/BW Mcd jS' John' * " .... * «<>hnni 01 * "° "T*'- "^J!™". - d^ ,' I not B"™ 8 Merely stress hard work without foiling off d *. rf approval to friends, law students and anyone else who will listen. Thank you for running a first class operation. . st -onn Johns Law School oi. ■ Law ocnooi 1 w,, very with the BAR/BRI course. The lecturers were all good and interesting. I took no additional courses and I feel confidentthat the main «,„„» g.ve me adequate preparation. g, ~„„„., . I think BAR/BRI is a good course. It gives students everything they have to kn0w...1 found BAR/BRI people to be very responsive. I found that whenever I needed help, they were there to help me 0ut...1f I missed the course, I could always go to the tape lecture. 1 could go to the office and just listen to the tapes. I found that to be very good.l would definitely recommend BAR/BRI because it covers everything you have to know. -St John's Uw School j � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-09-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/27/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9336a5ac9b3d7fa66845a06fd423bf2a.pdf c176f6c5f7683787e8e4a6e46c5fcf91 PDF Text Text SPECIAL ORIENTATION ISSUE THEOPINION August 25, 1989 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 30, No. 2 Dean Filvaroff Welcomes Class of 1992 It is a pleasure to welcome you, the entering first-year class to the Law School. This should be a special time for you as you begin the study of law in a most challenging era. I hope and expect as you — should —that your law school education will be intellectually stimulating and, in due course, professionally rewarding. But, no less importantly and contrary to the image associated with many law schools I hope that it will be a pleasant experience and that you, indeed, will have fun as we jointlyexplore the worldof law. — — by Dean David B. Filvaroff During the last decade or so, law schools in the United States and elsewhere have witnessed a sea-change in legal studies. We have re-learned the lesson of our predecessors, American legal realists, that law is not an inexorable system of rules to be discovered by logical education. But we also have gone beyond the valuable legacy of legal realism. We have learned that the social sciences — — professors who possess relevant interdisciplinary exercise. We have also recognized that much of what is determinative in legal decisionmaking is rooted in social values. Law is essentially policy writ both large and, often, in detail. Those involved in Critical Legal Studies and others have made us aware of how much is indeterminate in legal discourse and how much is a product of power, politics and ideology. In addition to teaching practical wisdom, lawyering skills, and social responsibility, our law school clinics offer firsthand exposure to the manner in which law operates in real-world settings and the ways in which it directly affects Law Alumni Association Sets 1,000 Member Goal David Parker, general counsel for Record Theatre, Inc. and president of the UB Law Alumni Association for 1989-90, recently asked all graduates of UB Law School to become members of the Association. Annual dues are $25. by Ilene Fleischmann Executive Director "The Law Alumni Association is currently the flagship alumni association among the professional schools in the SUNY system," Parker said. "To maintain that No. 1 position, our goal this year is 1,000 paid members. "The Law Alumni Association continues as an important source of financial and moral support for the Law School," he wrote in a letter to graduates. "It also helps to raise the visibility and enhance the public image of the school in ourcommunity, state and nation. The Association's efforts to help the Law School strengthen its reputation for leadership in the field of legal education enhances the diploma of every graduate whether you are out one year or ten years or thirty five." Last year, over 900 UB Law School grads became dues-paying members of the Law Alumni Association, a record number that represents an increase of 30 percent over the previous yearand 75 percent over the past two years. According to Parker, Alumni programs and activities last year included: The continued growth of regional chapters. Rochester held two successful events. Greater New York held three, including a dinner cruise on August 3, 1989. A group of alumni/ac in Washington, D.C. has formed a steering committee and is meeting this summer to organize a chapter. The Alumni Association made a $2,000 grant to enable UB law students to compete in numerous moot court competitions across the country. In addition, hundreds of alumni/ac gave their — • • time to judge the Desmond Moot Court Competition in Buffalo. The Law Alumni Association's 14th convocation, "Directions for the 19905: The Impact of Buffalo's Changing Economy on the Legal Community," was well attended and informative. At a lunch following the panel, Hon. John T. Curtin was presented the Jaeckle Award the highest award the Law School and the Alumni Association can bestow. The Annual Meeting and Dinner was another popular event where outstanding alumni/ac were honored. This year's awards were presented to Hon. John T. Callahan, David G. Jay, Hon. Dale M. Volker, and Sue S. Gardner. The Association provided mailing lists, hired photographers, and offered other assistance to alumni/ac who organized class reunions. One of our strengths has been publications. Our magazine, the UB Law Forum, continues to receive great reviews from alumni/ac and friends. It is mailed free, twice a year, to all alumni/ae. For the first time, alumni/ac led the Law School's Annual Fund Drive and chaired the Dean's Dinners. TheAnnual Fund Drive provides private gift support for programs for which state funds are either limited or unavailable. Last year, thanks to the generosity of alumni/ac and friends, we raised over $235,000 a new record. The Alumni Association presented the Law School with a beautiful bannerthat can be diplayed at Law School and alumni events. Those wishing to join should send a check for $25 made payable to the UB Law Alumni Association —to: UB Law Alumni Association, 320 O'Brian Hall, Buffalo, NY 14260. If you wish to join the University's General Alumni Association as well, you can join both groups for a special rate of $40. Those checks should also be sent to the Law Alumni Association at the above address. • — UB Law Alumni Association — — people's lives. This list is partial, but it reflects some of the diverse and exciting currents in American legal education. Your Law School at Buffalo not only has kept abreast of progressive change in legal study but has attempted to serve a leadership role in nurturing and advancing creative and challenging development in the law. Significantly, we try to do all this while emphasizing the lawyer's public service role and community responsibility. We welcome you to the Law School and wish you well. I look forward to meeting each of you and working with you during your years here and thereafter. history, sociology, psychology, political science, anthropology for example have a great deal to tell us about the origins and operation of legal rules and legal institutions. We are specially fortunate in having on our faculty a large number of • • • • • — — Dean David B. Filvaroff Words of Wisdom From A Former First Year The two things that stick out in my mind about my first year of law school are first, that it wasn't nearly as hard as I thought it would be, and second, that I actually enjoyed it. This is not to say that law it is. But it's well school is not hard within the ability of virtually everyone who gets in to accomplish, and to accomplish well. — by Michael D. Gurwitz Features Editor The reading can be long, but the greater danger is boredom. Oftentimes, you have to force yourself to plow through yet another uninspired case, and if you can, to brief it afterwards. I found myself blow- ing off a lot of reading, and even more briefing, until circumstances (read: finals) forced me to tackle them. Despite a high degree of procrastination, I did okay. Of course, with a little more effort I might have done better, but new students will soon learn that the grading system at Buffalo is a lot like life: unpredictable. You can work yourself silly and get a Q, or blow off the work until the last month or so and get an H. Everybody figures out their own system eventually. First-years should not hesitate to ask advice of senior students. People are often very willing to answer questions, give out advice, and tell cautionary anecdotes. Second and third years students are a valuable resource use them. An even more valuable resource are commercial study guides, available at the campus bookstore. Depending on the editors and cases, casebooks can be extremely boring. In addition, many cases are difficult to understand. Reading the analysis of a given case in a commercial outline can help put things in order. Buy them!!! I personally did not purchase any hornbooks, but I hear that they are good also. Just keep in mind that these books are expensive and the bills can quickly pile up. Also, buy them early on. If you wait until the end, they might be gone. If you are interested in participating in an extracurricular activity(s), do so. There's plenty of time to study, goof off, sleep, and stay politically/artistically physically active. There are a number of excellent student organizations that cater to people on all sides of the political spec- — trum, even the incorrect ones. Just don't go overboard and join every group that appeals to you. This is a tempting trap, but you'll find that you don't have thetime to devote yourself to more than two groups, or three if you are truly amazing. Consider picking one group to get heavily involved with, as this can be the most rewarding use of your time. Bear in mind that Buffalo itself hosts a number of very good organizations. Check them out. Speaking of Buffalo, despite initial appearances, there are some entertaining places to go. I found that it was sanity-preserving to get away from the fraternity-infested nightspots of the student ghetto near the Main Street campus and into Allentown, the funky part of Buffalo. A few clubs worth visiting are The Continental, Nietzsche's, and The Pink Flamingo. There are also some good restaurants and interesting shops down there and, like most of Buffalo, the prices are low. Where else in this country can you get 7 drinks for 6 dollars? That's all. Relax, school ain't that hard, but try to stay on top of your work, as it can pile up before you know it. Make sure to acquaint yourself with the Career Development Office and carefully read their newsletters. A lot of the papers you find stuffed in your mailboxes are actually very important. Take advantage of the cultural offerings in the city, but be careful: drinking and driving and being stopped by the Buffalo police, especially if there are no witnesses around, can be hazardous to your health. Have fun! HIGHLIGHTS Students should be aware of their rights before entering into lease agreements pg. 3 Orientation Agenda pg. 5 Descriptions of various law school student organizations pg. 7 .... �ASTWVY'BnI %W REGISTRATION MUST ne PieP er C°urse Includes: Complete wrinng ~~—■———————— —»�s( WITH THE J««— m fi A ■■A■ m m * m^m COTPIIU jfj jQ UI ■■ -fr Multistate Practice * Multistate Professional Responsibility Exam " # Multistate Volume -sir Afea; K>rft Zau; to/u/ne lllvPnlf RI"P * Professional Responsibility Law students discount of $125 will be deductedfrom the cost of $1,076 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1,1989. — JOtlfl il6p€rS ILLS w flstQQ CiiirinnrP Ifl'VlUdd UUIUUULC W I For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAM REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 The Bar Course That Cares. 2 The Opinion August 25, 1989 �Knowledge of Tenant's Rights Crucial for Off-Campus Housing by Martin Coleman Before you sign any off-campus lease — in fact, before you even begin to look for a place — it's a good idea to know exactly what a renter's legal rights are. Since renting is, after all, a business relationship, landlords (particularly unscrupulous ones) take advantage of every opportunity to increase profits. Unfortunately, this is especially true in areas where many renters are college students. A landlord in a place like University Heights may assume that students "won't know any better" if he or she includes an illegal clause in a lease or demands something that a tenant isn't legally obligated to provide. First off, there are generally three types of rental agreements: (1) written lease for a specified period of time, (2) oral lease for a specified period of time, and (3) month-to-month. The degree of protection you have is greatest with a written lease and least with a month-to-month. If you stay past theend of your lease period you are treated as a month-to-month tenant if the landlord accepts your rent. Month-to-monthleases allow either party to terminate the arrangement if at least one month's notice is given. So, for instance, if the rent is due on the Ist of the month and your landlord wants you out by July Ist, he must notify you prior to June Ist of his intent and vice versa. While written leases offer you the security of knowing how long you can reside in an apartment, they can also contain unfair provisions. Before you sign any lease you should know that you have every right to negotiate any terms of the lease you find unfair. Some lease clauses are forbidden by N.Y. State law. These include: Clauses that automatically renew your lease if you haven't informed your landlord by a specified date that you will not renew the lease. Such clauses are legal if they require the landlord to give you between 15 and 30 days notice of the approach of the automatic renewal date (General Obligations Law section • • • 5-905). Buffalo School of Law State University of New York ORIENTATION COMMITTEE CHAIRPERSONS Melanie Jenkins Amy Rosen under the above • -701.) You must be allowed to enter the apartment on the first day of the lease period, unless you sign a lease that waives this right. Don't forget that you can negotiate to remove such a waiver (Real Property Law section 233-a). negligence is null and void (General Obligations Law section 5-321; Real Property Law section 259-c). Some clauses seem so absurd or unfair that they run afoul of the Unconscionable Lease Law. If a clause strikes you as falling in this category, you should try to negotiate to remove it from the lease (Real Property Law section 235-c). If a landlord refuses to remove any that fall categories you might take this as an indication of future problems with this landlord and decline to rent from him. There are always other apartments to rent. If you have already signed a lease with any of these provisions you should contact a Group Legal Services immediately to discuss your options. Other rights tenants have, even if not specified in the lease are: Warranty of Habitability, which means you are entitled to a livable, safe, and sanitary environment. Failure to provide heat or hot water, or rid the prem- Clauses that allow the landlord to unilaterally change terms of the lease (General Obligations Law section 5- clause exempting your landlord from • Aliability for any injuries caused by their • clauses • • • ises of insect or vermin infestation are typical violations of this warranty. You may either sue the landlord in small claims court for a rent reduction, or withhold your rent until the problem is solved. If you choose the latter course of action, your landlord may then sue you for non-payment of rent, whereupon you can countersue for violation of the warranty. Before you embark upon either course of action, you should contact Group Legal Services. Landlord's Duty to Repair. This includes windows, plumbing, electrical problems, etc. You should immediately contact your landlord if there is a problem. If they do not fix it in a reasonable time (you are the best judge of what is a reasonable time) then, depending on the severity of the problem, and its cost to fix, you can either call your local housing officials or your local housing officials or your local health department, or call in a repair person yourself and deduct the cost from your rent. Keep the receipts. Right to Privacy. Your landlord may only enter your apartment on reasonable notice, at a reasonable time. Retaliation. Your landlord may not harass you or refuse to re-rent to you because you contacted local authorities to help you with a problem that he or she was not responsive to. To protect yourself you should keep a written re- cord of any correspondence or conversations with local officials. If a decision to refuse to re-rent or threat to evict occurs after this event, courts will generally presume that your landlord was retaliating against you. Eviction. A landlord cannot evict you by use of force typically through threats of violence, removal of your possessions, locking you out of your apartment, or cutting off essential services. Security Deposit. This is generally how most students get ripped off by unscrupulous landlords. A landlord may use the security deposit only: (a) as reasonable reimbursement for damages caused by the tenant beyond normal wear and tear, or (b) reimbursement on any unpaid rent. Furthermore, if you are living in a multiple dwelling apartment (four or more separate units), you are entitled to interest at prevailing rates on your deposit minus 1% of that interest for administrative expenses. If your landlord illegally retains your security deposit, you can initiate action. The best words of warning for you are: read your lease carefully, bargain for unfair terms, keep records of all correspondence or conversations, and contact any authorities immediately if you have a • — • problem. Opinion RECRUITMENT PARTY Friday, September 8 12:30 Ist Floor Lounge - FREE BEER & PIZZA SUBCOMMITTEE CHAIRPERSONS Speakers Amy Rosen T-Shirts Janet Dauley Paul Labaki The Officers and Directors Scott Schwartz Information Packets Social Events Janet Dauley Tammy Heckman CecileMathis Kathleen Reilly Mary Beth Scarcello Maria Schmit Small Groups Damon Scrota of the UB LAW ALUMNI ASSOCIATION Cordially Invite the MarkSteiner Melaniejenkins Printing Special Thanks Law School Class of 1992 to a ... To Marie McLeod, Cheri Tubinis, Sue Szydlowski, llene Fleischmann and the rest of the administrators, faculty, and support staff on the third floor of O'Brian Hall; to all the Small Group leaders; to the UB Law School Alumni Association; to the others who helped to make Orientation '89 a success, but are not named here. Welcoming Reception Friday, August 25, 1989 4:00 p.m. to 6:00 p.m. ORIENTATION '89 HAPPY HOUR PARTY! In honor of 1989's First Year Law Students MOLLY'S PUB, Main St. near UB Main Campus* THURSDAY, AUGUST 31, 1989 5:00 p.m. 9:00 p.m. FREE BEER, SODA, PIZZA & WINGS - Center for Tomorrow North Campus Co-Sponsored by BAR BRI and the Orientation Committee '89 August 25, 1989 The Opinion 3 �OPINION otf STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 30, No. 2 Betty and Alan Welcome Section Two Students August 25, 1989 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Bruce Brown Features Editor: Michael Gurwitz Photography Editor: Jeff Markello Editorial Keeping The Law School Experience In Perspective Professor Betty Mensch the past, Betty would start the first In year by sternly commanding her contracts students to appearfor the first class having already mastered the procedural intricacy in the great case of Hawkins v. McGee (Paper Chase fans will recall the "Case of the Hairy Hand"). Alan, on the other hand, would just as sternly recommend total abstinence from all reading matter for at least forty-eight hours prior to the first class, suggesting instead long walks in the woods, meditation, horror movies, ora few obligatory Mets games. Last year, after prolonged and difficult negotiations, we tried something new a joint introduction to law and law school, which we will offer again this year to the first-year students in section two. To give you a sense of the connection between law and everyday life, we chose a topic that is current and controversial, and prepared a set of introductory reading materials. The topic is freedom of speech, and, more specifically, whether the First Amendment protects language that is derogatory, hostile, or insulting, especially when directed at members of minority groups, or protects pornographic books or movies that depict women as sexual objects subject to violent domination by men. We hope these materials will serve to introduce students to the world of law in a number of ways: the intractability of real-life problems; the modes of legal argument; and the interplay of law, morality, and social context. The materials will be distributed in class at our first meeting on Monday, August 28 at 11:00 a.m. in Room 109. We look forward to seeing all of you then. — It is important, as you begin law school, as with the beginning of any new phase of your life, not to lose perspective. Law school is an experience that can not be described in a finite number of words and it is a different experience for every person. One thing is certain, it has a tendency to take hold of your life and this is what we must all look out for and prevent. There is an intensity in the air that is unique to the law school experience. The reasons for this are inexplicable. The classwork isn't necessarily difficult (though it is often overwhelming), class schedules aren't grueling (one or two classes a day), students and faculty are friendly and, at ÜB, there are few signs of the cut throat competition that is often associated with law school. Yet when we are asked how school is going there is something that leads us to reply "It's hard." Perhaps it is the similar feelings and shared goals of many of the students that creates the intensity. The backgrounds of the student population at UB are incredibly diverse. Yet, all of us have worked hard to get here. Most of us were previously successful students, and because of this we have a fear of being unsuccessful students. It is this intensity that tends to sweep up students and surround them like a cocoon until they are unaware of any other life. It's this cocoon that has to be looked out for. Law school will make huge demands on your time, you should not, however, let it fill up all of your time. The best lawyers will not be the ones who spend sixteen hours a day with their noses in books and their minds on school. We will never be good at helping others solve the problems of everyday life if we forget what everyday life is all about. How, you ask, do you avoid getting enveloped by the law school cocoon? The answer is unique to every individual but there is a common thread: time managment. The easiest way to avoid the cocoon is to stay on top of your work (much easier said than done). It will be easier to keep sight of your sanity if, come early November you do not realize you are behind 738 pages of reading in Civil Procedure. Another important way to avoid the law school cocoon is to spend time pursuing your outside interests. We are not required to sign a waiver of enjoyment of outside activities when we enter law school. You will not burn at the stake for watching football on Sunday. (If you feel incurably guilty about this you can watch with your books in your lap so that it appears you intend to read during commercials.) Keep law school in perspective with the rest of your life. Try to stay on top of your work while reserving some time for your real life interests (this will not be easy). By allowing ourselves to view law school as a piece of the puzzle rather than the puzzle itself, we can avoid the trap of being totally consumed and law school can become one of many good experiences that will shape ourlives and make us good lawyers. Staff: Ted Baecher, Lenny Cooper, Dennis Fordham, Eric Katz Jennifer Latham, Jim Monroe, Alice Patterson Contributors: 1Copyright Martin Coleman, David B. Filvaroff, llene Fleischman, Melanie Jenkins 1989, The Opinion, SBA. Any reprodu«.,..>n o( materiel herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks duriny the academic year. It is the student newspaper of the State University ofNew York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 1-1260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third class postage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. 4 The Opinion August 25, 1989 Professor Alan Freeman Lower Fees, More Access, Would Make For A Better Legal System The first thing we do, let's kill all the lawyers. William Shakespeare, Henry VI Shakespeare, the immortal bard from Avon, wrote more poetic lines. He also wrote more memorable ones. However, did he ever write a line that so ably withstood the test of time? The answer, arguably, is no. If you don't agree with me, think of the last time you heard someone, in the midstof everyday conversation, say "To be or not to be ." or, "Friends, Romans, countrymen .". Now, think of the last time you heard someone say that they wanted to kill a lawyer. I rest my case. . by Andrew Culbertson Managing Editor The fact that lawyers were apparently disliked centuries ago is no surprise, especially if the profession was anything like it is today. Style over substance, money over making a difference, and a nauseatingly self-righteous conviction that as long as one stretches the rules without breaking them, one is merely being a "good" lawyer. That is the legal profession I see today, and it is one that I am less than thrilled about joining. Realistically, one could spend days enumerating the reasons why the legal profession isn't trusted, and is even detested, by much of society. At the top of the list, however, are the exorbitant fees commanded by even the most average attorneys. In effect, attorneys have developed a "cart before the horse" mentality. In other words, "Since I'm an attorney, and I'm important, everything I do is important." Alas, if this were only the case. As Harvard law Professor Alan Dershowitz points out, many of the tasks performed by attorneys are quite routine, and involve a mininal amount of effort and skill. Dershowitz notes that "simple wills, name changes, adoptions, and unto mention just a contested divorces few can be accomplished by the parties themselves with the help of a few standard legal forms." Nevertheless, attorneys have traditionally charged hefty fees for the performance of such tasks. Fortunately, there appears to be at least one alternative, one which most lawyers are not happy about. A popular phenomenon over the past ten years or so has been the advent of what are generally referred to as "walk-in — law clinics." Establishments like Jacoby and Meyers, Hyatt Legal Services, and Siegel, Kelleher and Kahn. These establishments have taken a bad rap from "legitimate" law firms, and have tended to be the butt of many a joke. Of course, the reason they are disliked has nothing to do with their professional legitimacy. It has to do with the fact that they don't charge $200/hour to fill out pre-drafted legal forms, making it possible for a person to secure legal representation without mortgaging his or her house. These "walk-in clinics," by charging reasonable fees, are bucking the "cartel" that the legal profession has created. Several years ago, a legal secretary in Florida, Rosemary Furman, decided to provide her own alternative to this "legal cartel." For a reasonable fee ($5O), Ms. Furman would provide poor people with legal forms, enabling them to file complaints, and perform other routine legal procedures. For her efforts, she was convicted of practicing without a license, thanks in large part to the Florida Bar, which feared the financial effect that such a practice might ultimately have. The legal profession may be capable of shutting down the Rosemary Furmans of the world. However, there is not much it can do about the "walk-in clinics," since the members of these "firms" all have licenses to practice law. Of course, these clinics still comprise a relatively small portion of the legal profession. Constructively closing off the legal system to non-lawyers might be more acceptable if attorneys, as a group, were more willing to perform pro bono work. The problem is that a majority of attorneys don't see themselves as public servants, which is exactly what they are. (continued on page 5) — The Deadline for the first issue of The Opinior is September sth at five. Please submit articles to Box 59 or 60. �SBA Looks Forward To Participation By First Years The Student Bar Association welcomes you to the University of Buffalo Law School. Having occupied the seats you are now sitting in at one time or another, we are sure that you have as many questions as we did. While this column cannot answer them all, we hope it provides a little background into the student life within the law school. WHAT IS THE STUDENT BAR ASSOCIATION? The SBA is the central organization responsible for overseeing the administration of approximately 25 student groups which exist within the law school. While this aspect is a large part of the SBA, we are also responsible for coordinating social and educational events. The SBA also acts as an informational base to help provide an outlet for student motivations. The SBA is the student voice for the school's many academic and social concerns. WHO MAKES UP THE SBA? The SBA is made up of 18 student directors plus the executive board. This year's executive board members are Chris Reo, president; Jim Monroe, vice-president; Wendy Urtel, secretary; and, Taunya Hannibal, treasurer. The 18 SBA directors are made up of six representatives from each class. Every fall semester, student members interested in serving on the SBA campaign against each other for the elected positions. Class directors must be dedicated students who will take the time to care about representing their class's thoughts, ideas and suggestions on the school, student body and administration. Class directors must be highly visible and accessible persons who must keep their classes informed on the developments, functions and activities of the SBA. WHAT ARE THE SBA STUDENTFACULTY COMMITTEES? The SBA Student Faculty committees provide a chance for selected students to work intimately with faculty members on a wide range of issues. These issues range from the budget to disciplinary matters and pressing social issues (such as the antidiscrimination committee). The SBA executive board is highly energized and motivated towards working with the incoming students. We look forward to your questions, ideas and concerns. We are located in room 101 of O'Brian Hall, and our office phone number is 636-2748. Legal System, . from page 4 Metaphorically speaking, attorneys hold the keys to a very complicated legal system. This automatically gives them special status within society. To this extent, they should be more willing to impart their knowledge on a greater segment of the population (and not just to those who can afford it). Clearly, they aren't. While there are answers available, attorneys themselves certainly don't want to entertain them. More likely than not, they will continue to charge large fees for simple work. They will also continue to do everything in their power to make sure that the "common man" doesn't "infringe" on their "territory." Finally, most of them will continue to denounce pro bono representation as some sort of socialistic nightmare. In the end, there are many things in this universe that are not dreamt of in my philosophy. At this point, a kinder, less avaricious legal profession is one of them. First Year Assignments — Professor Olsen Civil Procedure Research and Writing (Section 2) The textbooks for the two courses are as follows: Civil Procedure Cound, Friedenthal, Miller and Sexton, Civil Procedure, sth Edition (1989)— West. Cound, Friedenthal, Miller and Sexton, 1987Civil Procedure Supplement—West. Supplement Materials (mimeo). Assignment for Wednesday, August 30 Casebook: 755-758: Regina v. Dudley and Stephens 3-5: Introduction, Notesand Research and Writing Porter, etai, Introduction to Legal Writing and Oral Advocacy (1989), Matthew Bender. There will be no assignment for thefirst Civil Procedure class, which meets on Tuesday, August 29, 1989. Individual Research and Writing classes will be assigned on Monday, August 28, 1989 and will be posted on the Research and Writing bulletin board in the second floor student mailroom. Research and Writing classes will meet during the first week of classes. 5-9: 12-13: 13-19: 19-20: 23-32: Questions Deuteronomy; Wilson Hart Wilson Packer Leviticus; Packer; Walker; Kaplan 40-42: Walker Supplement: 1-3: State v.Chancy 4-11: Bowers v. Hardwick — Criminal Law (Section 1) — Professor Ewing Required Texts: Kaplan and Weisberg, Criminal Law: Cases and Materials; Supplement (S) Available in Law School Bookstore; Additional readings will be assigned from Low, Jeffries and Bonnie, The Trial of John Hinckley, Jr.: A Case Study in the Insanity Defense. — Professor Hyman Legal Methods The basic materials for the course are by Kaplan and Headrick, Landlord and Tenant Law, 1984 edition, 1987 Hyman revision in three parts. Part I may be obtained from Roseann Perrin in Room 522. For the first class (Monday, August 28th, 1:30 in Room 108) read pages i-vi of Part I. Most of the content will be quite new to you and some of it rather complicated. Make a note of anything that is not clear to you and ask about it in class. = Orientation Schedule FRIDAY, AUGUST 25, 1989 9:00 a.m. to 9:30 a.m. Check in, first floor O'Brian Hall . . . _., . . — Coffee and Donuts 9:30 a.m. to 12:00 p.m. Moot Court Room, 104 O'Brian Hall Speakers , Introduction .. Melanie■',Jenkins, Amy Rosen „. ,__ Co-chairs, Orientation 89 4 David Filvaroff David Parker DennisC. Vacco Aundra Newell Robert Reis Philip Halpern Helen Crosby Isabel Marcus Maureen Kanaley Patrick Young Chris Reo Dean President, Alumni Association UnitedStates Attorney for Western District of New York Assistant Dean Professor of Law Associate Dean Registrar Professor of Law Financial Aid Representative Student Accounts Representative President, SBA __ „ __ „„ 12:00 p.m. to 2:00 p.m. Bridge. 2:30 p.m. to 3:30 p.m. Section Meetings with Professors: SECTION ONE Room 106 O'Brian Hall SECTION TWO Room 108 O'Brian Hall SECTIONTHREE Room 109O'Brain Hall 4:00 p.m. to 6:00 p.m. Party sponsored by Alumni Association 9:00 a.m. to 9:30 a.m. Coffee and Donuts, first floor O'Brian Hal! - ° - 9:30 am to 12:0 P m Moot Court Room 104 O'Brian Hall ' S Peakers Aundra Newell Assistant Dean _. _,-. _~ EllenGibson Directorof Law Library ~ Alan Carrel Associate Dean Audrey Koscielniak Career Development Office Professor of Law John Henry Schlegel David Engel Professor of Law Muhammed Kenyatta Professor of Law Swartz Louis Professor of Law Alan Freeman Professor of Law .. , . — Center for Tomorrow L ~ ... 12:00 p.m. to 3:00 p.m. Photo Identification Cards. Please note it will be necessary to have five dollars with you to pay for your I.D. Card. Please report as follows: 12:00to 1:00 SECTION ONE Room 406 O'Brian Hall 1:00 to 2:00 SECTION TWO Room 406 O'Brian Hall SECTIONTHREE 3:00 p.m. to 6:00 p.m. Barbeque and Picnic Lunch with Small Group Leaders — Small group tours and discussions. Information tables of Student Organizations, third floor Baldy/O'Brian = SATURDAY, AUGUST 26, 1989 2:00to3:00 nn 12:00 p.m. Break into Small Croups — Room4o6O'Brian Hall — Baird Point WEDNESDAY AUGUST 30TH Section Photos will be taken in Room 12 O'Brian Hall, 10:00 a.m. to 3:00 p m Yo u must have this photo taken (no charge). THURSDAY, AUGUST 31ST 5:00 to 9:00 p.m. Happy Hour Party at Molly's Pub, Main Street and Winspear near U/B Main Street Campus, (co-sponsored by Barßri Multistate Bar Review Course and the Orientation Committee '89). August 25, 1989 The Opinion 5 �KAPLAN-SMH - STANDING BY YOU FROM Ist YR.THROUGH YOUR BAR EXAM At Kaplan-SMH, we know law school is a challenge. We want to help you meet that challenge with SMH Law School Summaries I and IL I' SMH LAW SCHOOL SUMMARIES I Civil Procedure Contracts Criminal Law Property Torts Byregistering for a Kaplan-SMH bar review course in your first year of law school, you not only receive the lowest discounted price possible, you also receive SMH Law School Summaries L Don't waste time and money in bookstores! \i SMH LAW SCHOOL SUMMARIES 11 I I jj Jj Commercial Paper & Bank Collections Corporations & Partnerships Evidence Sales Secured Transactions §1 I Tax Wills & Trusts m H 1 Second and third year Kaplan-SMH registrants are entitled to SMH Summaries 11, covering many law school and bar exam subjects. Get a head start! A $50 deposit on any Kaplan-SMH bar review course secures all current discounts and entitles you to either volume of the SMH Law School Summaries. STANLEY H. rnKAPLAN-SMH L v Ibar review services 6 The Opinion August 25, 1989 See Your Campus Rep, or call: £,«f™"" �Insight Into A Few UB Law Student Organizations... International Law Society The International Law Society (ILS) is an organization of law students who share academic and career interest in the fieldof international law. It is the intention of ILS to promote student interest in international law by encouraging discussion of human rights and international disputes. Our second goal is to create a greater understanding of the relationships among nations and peoples. Since the society's inception, ILS has aimed at accomplishing these goals through such events as conferences, film festivals and international potluck dinners. ILS also provides information for law students interested in study and work abroad. All students are encouraged to contribute to this increasingly active organization. In the fall of 1988, the ILS held a conference at the Law School attended by law students and practitioners from the U.S. and Canada. It is our hope to continue hosting thisconference in thefall of 1990. The ILS has begun working on and implementing an InternationalLaw Journal. The Hibernian Law Society The Hibernian Law Society was founded in January 1989 at SUNY at Buffalo Law School. After a one week membership drive, over 80 students from all levels had joined. Over 60 of them voted in the officers' elections. The successful candidates were: Kevin Doyle and Kathy Reilly, Co-Presidents; Bob Heary, Treasurer; Nancy Langer, Executive Secretary; John Walsh, Activities Secretary; Vincent Doyle, 3rd year at-large Representative; Mary Catherine Callahan, 2nd year at-large Representative; and Rachel Kane, Ist year at-large Representative. The Hibernian Law Society has three main purposes. Primarily, we are a charitable organization that raises funds both at the Law School and from the local community for organizations nominated by our membership. Second, the Society is concerned with issues of constitutional and civil liberties in democratic societies and we will be sponsoring lectures and symposiums to study these topics. Finally, we are also a social organization that is attempting to increase the interaction and familiarity of the Law School student body with the local legal community through various social events and activities. We will host happy hours, Softball games, golf tournaments, our annual St. Patrick's Day Luncheon, and any other events suggested by our membership. At each activity, we will try to have an even mix of members of the local bar (including judges) and law students. We also plan to again march in the St. Patrick's Day parade in Buffalo, the second largest of its type in the country. We have been granted a charter and funding by the Student Bar Association, and our office is located in 505 O'Brian Hall, right behind the elevators. Membership is open to any law student, faculty member, or member of the legal profession. You don't have to be Irish to join or run for office, and you don't have to be a member to participate in our activities. Elections will be held for all officers during the month of September. We are a new organization that is always looking for new members and ideas. For more information, please contact one of the current officers through his or her mailbox. Buffalo Law Review Founded in 1951, the Buffalo Law Review is a legal periodical published by the students of the law school. The Review publishes analytical commentaries by students and scholarly articles by leading authorities. Reviews of recent books are also included. The Buffalo Law Review is published three times each year. There are approximately sixty members of the Buffalo Law Review, nearly equally divided between second-year Associates and third-year Senior Members. Associate membership on the Review is based on academic performance and the results of an annual writing competition open to all first-year students. Promotion to Senior membership is based upon service to the Rew'ewandefforts toward writing a legal commentary of publishable quality. The Federalist Society The Buffalo Chapter of the Federalist Society is a group of studentswho believe that the ultimate sovereignty and power belongs to the American people This sovereignty is best expressed by the imputation of moral and social responsibility upon the individual, rather than by a government structure. Unfettered government that is unwieldly and overwhelming does nothing but diminish human dignity, because, as Prime Minister Margaret Thatcher recently declared "Any set of social and economic arrangements which is not founded on the acceptance of individual responsibility will do nothing but harm. We are all responsible for our own actions. We cannot blame society if we disobey the law. We simply cannot delegate the exercise of mercy and generosity to others." Seen in this context, the Federalist Society perceives the Constitution to be a descriptive document that records the foundation of American society, instead of being a mechanism for social change deleterious to the goals and aspirations of the American people. Those rights "endowed by our Creator" cannot be eroded by a simple Supreme Court majority but the delineation of these rights properly belongs to the legislative body. To say that rights exist because they are enumerated is degrading. The virtues of compassion and decency cannot be legislated orcompelled, because behavior is an individual responsibility. It seems crude and awkward to subvert the Constitution for the cause of social engineering. The Federalists seek only to conserve those qualities of humanity that have made our Nation great, and not yield them up for political expediency. We believe in a generosity of spirit, a tolerance of others, a commitment to the rule of law, a repugnance of authoritarianism, and a love of freedom. The Federalists are one of the fastest growing organizations at the law school. Despite this rapid growth, we continue to ensure a diversity of opinions among our membership so that no uncomfortable or unorthodox views are driven out. We encourage all our members to become active in our annual food drive to benefit local food pantries. Also, we publish a monthly newsletter, The Federalist Papers, which is distributed to all students and welcome members to contribute commentaries or letters. Our office is located in O'Brian Hall Room 505. We look forward to meeting YOU!!! (This article submittedby Dan Majchrzak, Chairman, Buffalo Federalist Society) Environmental Law Society The Buffalo Environmental Law Scoiety (BELS) is an organization dedicated to the pursuit of environmental research and education both in the law school and in the surrounding community. The organization pursues these goals through informal social events such as recreational outings and open membership parties and through more formal movie presentations and speakers' forums. BELS is particularly proud of its group research activities. In the past several years, the Society has worked on legal research projects for the law profession, non-profit environmental organizations and environmental lawyers engaged in pro bono legal work. Growth in the research area is the society's primary goal in the future. The social component of BELS should not be overlooked.Besides getting people together who have common interests and goals, the Society attempts to foster an increased awareness of our natural resources and environment. Effective environmental legal representation and advocacy should be based on exposure to the beauty, complexity and usefulness of such valuable resources. Entertainment Law Society The Entertainment Law Society was in full swing this year and successfully began its new Paperchase Film Series. The society shows law related films as a studybreak at the end of a busy day. Speakers highlighting the 1988-1989 school year were Tricia Semelheck and David Parker, who spoke about representing performers and also a Media and the Law Day. Speakers already planned for fall 1989 will be discussing issues on Sports Law. Everyone is urged to join us to help plan these exciting events and to attend. Amnesty International Legal Support Group The members of the Amnesty International Legal Support Group work for the release of prisoners of conscience worldwide, for fair and prompt trials of political prisoners, and for an end to torture and execution in all cases. Members work on behalf of individual prisoners recognized by Amnesty International as victims of human rights abuses at the hands of their governments. Members also focus special actions on a particular country, region, or pattern of human rights abuses and engage in human rights education and development of public awareness about human rights. Amnesty International is a world-wide human rights organization independent of any government, political faction, or ideology. Amnesty has been awarded the Nobel Peace Prize and consultative status with the U.N., UNESCO, and the Council of Europe. The Law School's Amnesty International Group specifically focuses on legal aspects of human rights. This semester, the Group will campaign for the ratification by the U.S. Senate of several human rights treaties. The Group will also be working against the use of the death penalty in China, as well as against the attempted re-introduction of the death penalty in New York. Actions against human rights abuses in other countries are also planned. If you are interested in joining Amnesty International, look for posters during the first weeks of the semester describing when and where our next meeting is to take place. Membership in the Legal Support Group is open to all students, faculty, and staff. There are no formal requirements of membership, just a commitment to work against the abuse of human rights. Jewish Law Students Association The Jewish Law StudentAssociation is an organization of law students from diverse backgrounds who have joined the JLSA to engage in a variety of social and cultural activities. Since we are a relatively new student association, this is a good opportunity to get directly, and personally involved with an active group. Highlights from last year include a panel discussion on the Middle East dilemma, guest speakers such as a Holocaust survivor and a Soviet Refusenik, fund raising drives, a dinner party, a semi-formal, and other social gatherings. We welcome and encourage any law students who are interested in our organization to join. Watch for signs announcing our first meeting. The Desmond Moot Court Board As students gear up for the new school year, the attentions of an increasing number in the law school turns toward the Charles S. Desmond Memorial Moot Court Competition. This competition is conducted annually by the UB Moot Court Board, an organization which relies heavily on its close relationship with the Law School Alumni Association for the competition's success. The Desmond is open to all second and third year students who wish to compete. Participation in the Desmond offers all the competitors an invaluable learning experience. The UB Law curriculum has no requirements, and few opportunities, for the development of oral advocacy skills. The experience, knowledge and poise one acquires from preparation for, and competition in, the oral argument portion of the Desmond is therefore an important part of a well-rounded legal education. In addition to all this, competition in the Desmond also offers the nonacademic benefit of comaraderie, both with the other competitors and with the Board Members involved in running the event. The Desmond generally occupies the middle 7-8 weeks of the Fall semester. Students pair into teams and are given a problem consisting of trial and appellate court opinions dealing with interesting legal issues. The teams must then write appeal briefs (for the side of their choice) that would be presented to a final reviewing court, this year the U.S. Supreme Court. Competitors are usually allowed approximately 4 weeks to complete their briefs. Once the briefs are completed, teams are then instructed to prepare and practice strategies for the oral argument portion of the competition. The oral advocacy portion includes three preliminary rounds, in which each team argues against opposing teams in front of review panels made up of local attorneys. The judges score each individual competitor over several categories pertaining to advocacy skills. Participants are never judged on the merits of a case, but rather the quality of their argumentative presentation. The teams with the eight highest scores then go on through quarterfinal, semifinal, and final single elimination rounds to determine the champion team for the year. After the oral competition is finished, all participants are invited to an awards dinner that is graciously funded by the Law School Alumni Association. Certificates for the top five individual oralists and the top five briefs are given out at this time. Membership on the Board is determined by ranking the combination ofeach individual's average oral score and brief score. Class grades are not incorporated in any way. Since the calculation and verification of the combined scores of each individual is time consuming, offers of Associate Membership are not made until after the awards dinner. Once a student becomes an associate member of the Moot Court Board, she is eligible to represent SUNYAB School of Law at one of the many subject-specific oral advocacy competitions that are hosted by law schools across the country. An orientation meeting has been scheduled for Monday, September 18,1989.We vigorously encourage everyone who might be interested in participating in the Desmond to attend this meeting. Details about the competition will be given and questions will be answered. We're looking forward to meeting you and hope to see you on the eighteenth. IThis article submitted by Gary P. Hall, Director; Niki Moumouladis, Competitions Director; Jeff Markello, Treasurer) August 25, 1989 The Opinion 7 ��� _ I 9i% I - yourL±J crrvn»k BAB A BM BAR/BRI Leaves Nothing To Chance. ta/fcrr The Nation's Number One Bar Review. 4154 Seventh Aye., Suite 62, N.V., N.Y. 10001 (212) 594-3696 (201) 623-3363 160 Commonwealth Aye., Boston, Mass 02116 (617) 437-1171 8 The Opinion August 25, 1989 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Much of the debate centered on whether this fact represented innocent oversight or misconduct warrant- ing a new election. Although many rumors have circulated the law school describing major discrepancies in ballot counts, the only evidence brought out at the meeting concerned the three-vote mismatch between the number of ballots and names checked off. During the meeting, several votes were taken concerning the validity of the election. It was evident that, with a few exceptions, supporters of Ivan Khoury outnumbered supporters of Chris Reo, and were thus able to control some key votes. In its final decision, SBA declined to declare the election valid, and there were not enough votes to declare it invalid. After considering the evidence and ar- guments presented in favor of holding a new election, the debate focused on the insufficiency of the evidence. Nearly half of the SBA members present expressed deep reservations about the insufficiency of evidence of any wrongdoing, and many declared that no persuasive evidence had been offered at all. A very vocal dissent argued that lacking any evidence of wrongdoing or serious error, it would be unfair to both students and candidates to hold a new election, and objections were raised to holding an election so close to final exams. In response, proponents of a new election argued that if the three extra votes were taken away from Chris Reo's total, he would have a one-vote lead, and that this was too close to call. The dissenters countered that there was no evidence that the three votes were indeed "extra," and that a one-vote lead would still be enough to declare a winner. During the debate the point was raised that if any wrongdoing was found, an entirely new election with all the candidates would have to be held. That potentially major issue did not receive much attention, due to the debate's focus on eliminating Reo's 128-124 vote lead. All first and second-year students are urged to make a special effort to cast their vote for SBA president this Wednesday and Thursday, so that this election can be fairly decided. THE OPINION Volume 30, No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Apri126,1989 FBI Recruitment On Campus Thwarted On Tuesday, April 18th, three FBI Special Agents visited UB Law School with the intention of recruiting students. They never got the chance. The three agents were greeted by approximately 100 student protesters who blocked access to room 108, which the FBI had reserved for recruiting purposes. The demonstration was organized by the National Lawyers Guild and the Lesbian/Gay/Bisexual Alliance. Chanting "Hey Hey, Ho Ho, the FBI has got to go!," the demonstrators sealed off the room's doors at 9 a.m. with tables, posters, and their own bodies. They waved signs which read, among others, "Stop FBI Discrimination," "FBI Racists Out," "Remember CISPES —FBI Spies on Americans," "FBI Homophobes Go Homer," and "J. Edgar Hoover was a Facist Pig!" The event was covered by Channels 2 and 7, WBFO, and The Buffalo News. by Michael D. Gurwitz Features Editor At issue were the well-documented cases of FBI discrimination against Hispanic agents, allegations of discrimination against blacks, lesbia*hs and gays, and the FBI policy of not hiring people over the ajje of 35 and handicapped people Dean David Filvaroff made several attempts to get past the blockade, but the protestors held steady. When it became clear that the demonstrators would not budge, Dean Filvaroff informedthem that he would call security, and that this would likely result in their arrests. This did not sway the protesters but, according to sources who overheard the negotiations, the FBI asked Dean Filvaroff not to call security as they did not want any arrests to occur. And so the standoff continued. At 11 a.m., the FBI agents apparently abandoned any hopes they had of recruiting that day, and announced that they were willing to meet with the protestors in the Faculty Lounge to answer ques- for the position of Special Agent (agents who carry firearms). The demonstrators stated that such discriminatory behavior was at odds with the Law School Faculty's adoption of an Anti-Discrimination policy forbidding the use of CDO facilities and funds by organizations which discriminate on the basis of race, sexual orientation, age, physical disabilities, and other factors. In February, 1989, UB President Steven Sample placed the Law School Anti-Discrimination policy in abeyance. LALSA Goes National On April 7, 1989, the Northeast Latino Law Student's Association held its first national conference at New York University Law School. The theme of the conference focused on "Latinos in the 19905: Developing Strategies to Confront Injustice." by Maria A. Rivera Business Manager As an ethnic group, Latinos have struggled for recognition in the United States. In a world where the majority of issues are black or white, the Latino community continues to bean ignored silent majority. Latinos have continued to meet resistance from political and legal institutions which are ignoring concerns of the community by seeking to strip it of its cultural and ethnic heritage through tactics such as "English Only" legislation. The goal of the Conference was to discuss and create strategies to improve the future status and direction of the Latino community. Topics discussed at the Conference involved defining an agenda for Latino leadership, coalition building, and (See FBI, page 4) Dean Filvaroff confronts students at FBI demonstration "English Only" legislation and its effect on the community. Wilfredo Caraballo, the First Latino Associate Dean in the Northeast Region, Senator Olga Mendez, Judge Frank Torres, and other prominent Latino community members were among 'he invited guests who attended the conference. The Latin American Law Student's Association of the State University at Buffalo, in continuing its tradition to improve the future status of Latinos, held its Second Annual High School Outreach on March 11, 1989. Dean Filvaroff and Judge Raul Figueroa were among the guests who attended this successful event. The goal of the High School Outreach program is to provide high school students with motivation and information of the opportunities available in society through higher education. This year, LALSA has accomplished its goal of becoming a national organization dedicated to strengthening the Latino community. It hopes to achieve this goal by lifting the invisible veil of this silent majority through its community efforts in the Law school and theBuffalo Latino community. UB Joins Grape Boycott by Troy Oechsner The National Lawyers Guild campaign to support the United Farm Workers' Grape Boycott secured the endorsement of the Faculty Student Association, which runs campus food services. The FSA voted for the grape boycott last Tuesday, April 11. As a result, campusfood services will no longer serve grapes. "Getting the FSA's endorsement has been a lot of work," said NLG member Nathaniel Charney, "This is a great accomplishment. There is no doubt that the FSA prefers to ignore certain costs when they make their decisions. The UFW Grape Boycott forced the Board to consider issues such as farmworker's health and the health of the consumers. I think the FSA felt unfamiliar with discussing things like this." The FSA discussed whether taking a stand on the grape issue would set a precedent whereby potential harms posed by pesticide use on other fresh produce would have to be considered. "Although the FSA did not completely rule out considering other misuse of pesticides, there did appear to be a consensus that the grape boycott would serve as a demonstration of the University's concern over pesticide use generally," said Mark Schlecter, also a NLG member. The UFW Grape Boycott will last until the Union's three demands are met: 1) that five dangerous pesticides be banned for use; 2) that the UFW be allowed to hold free and fair elections and that the grape growers bargain in good faith; and 3) that a joint grower and UFW testing program be established to monitor pcs- ticide levels in the produce. Until these demands are met, the University will not be serving any fresh California table grapes in any of its cafeterias or catered affairs. The University of Buffalo has joined forces with many others as supporters of the grape boycott. Cesar Chavez, the President of the UFW, called for a similar boycott in the late 19605. As a result of the nationwide support for the boycott, DDT was outlawed, and concessions were made by the grape farm owners that secured greater unionizing rights for the farm workers. With the election of Governor Deukmejian, efforts for farmworkers to exercise their newly acquired rights to a safe and healthy workplace as well as protection for the consumer from deadly pesticides fell to the wayside, according to the UFW. "Deukmejian decided to focus more on the rights of the corporate farmowners (See GRAPES, page 4) HIGHLIGHTS Judge Jeffrey Gullet discusses his learning disability pg. 3 Soviet Refusenik speaks out on problems faced by the Soviet Jewry and recounts his emigration struggles pg. 4 Law Students participate .... in Pro-Choice March pg. 5 .... �i ] . .... ' ; :— .; .'.. This Summer, the PIEPER BAR REVIEW will be conducting a tape course in the following NEW locations: CANARSIE, BROOKLYN CENTRAL PARK WEST (at 64th Street) STONYBROOK, SUFFOLK COUNTY Seating is limited. If you desire to sit at any of these locations, contact the PIEPER office at your earliest opportunity. Other PIEPER Tape locations: NEW YORK CITY-Downtown, NASSAU, WESTCHESTER, ALBANY, BOSTON, BUFFALO, NE WARK, PHILADELPHIA, SUFFOLK-HUNTINGTON, WASHINGTON, D.C, SYRACUSE, QUEENS, BRIDGEPORT PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, NEW YORK 11501 (516)747-4311 2 The Opinion April 26.1989 '" . �Judge Speaks Out On Learning Disabilities . "I hatethe fact that you invited me here, not because I have abilities but because of my disability. I'm here today because I'm a kind of talking frog . and you all came here to see where my warts are." With these introductory words. Judge Jeffrey Gallet, family court judge in New York City, spoke to law students on April 7 of his learning disability and how it has affected his legal career, his education and his self esteem. Judge Gallet was invited to the law school by Professor David Engel, who chairs the Committee For Law Students With Special Needs, as a means of making law students more sensitive to the needs of students with learning disabilities. As Judge Galletand Professor Engel pointed out, learning disabilitiesare not easily defined and vary from person to person. The threemajor learning disabilities, dyslexia, dysgraphia, and dyscalculia, vary in manifestation from person to person. by Ted Baecher Staff Writer Dyslexia, for example, involves difficulty in reading and may manifest itself in one person as a reversal of letters and may manifest itself in another person as the inability to deal with blanks in a text. Despite their differences, all three dis- abilities are neurological conditions and involve a misfiring of information from the brain to the eyes or the hands. The typical signs that a person may have a learning disability are spatial relationship problems and large variations in exam scores. Dyslexia, dysgraphia and dyscalculia can be diagnosed, and, once diagnosed, the learning environment of the student can be adjusted so that she is able to communicate her thoughts in a recognizable manner. The dangerous illusion of society and educational institutions is that learning disabled people are simply unable to handle the concepts and academic work. Nothing could be further from the truth. As exemplified by Judge Gallet and the many learning disabled students who remain in school, the problem is not the learning disabled student's inability to learn and understand but the failure of the school system and society at large to understand and work with the Judge Galletwas diagnosed as dyslexic when he was 34, after a number of years as a real estate lawyer. Realizing he was dyslexic. Judge Gallet said, was a "mixed blessing." On the one hand he now understood what it was that made reading and writing in theconventional sense difficult, but on the other hand he was always by Jim Monroe Staff Writer Immediately a UB student raised the question, "If gays and lesbians are afraid to 'come out' in an atmosphere of intolerance, i.e. U.8., what makes you think they'll risk it simply because a professor makes one classroom environment comfortable. Ten minutes after class is over the student's sexual orientation will be all over school." The panel deferred the question until after the presentation when the U.B. student reiterated it to one of the professors that had led the discussion. The panel member advised, "form coalitions with non-lesbian, non-gay student groups, get an anti-discrimination policy from thefaculty, and get a method of enforcement." The student responded that all these things had already been done and that the culmination of events was the unilateral revocation of the anti-discrimination policy by the SUNY president Steven Sample. The professor responded, "What school did you say?" "The University of Buffalo," the student replied. "What about some type of state legislation?" queried the professor. The student told him about Executive Order 28 and 28.1 and Steven Sample's decision to which the professor shook his head in disbelief and then said that he was shocked that "a supposedly educated University president would allow blatant discrimination to occur at a State University." The U.B. student felt that an atmosphere of homophobia was not a big problem on the Harvard campus as exemplified by the panel's attitude and a discus- sion the student had during registration. A police officer was guarding the entrance to the registration area and the U.B. student mentioned that his presence must indicate that Harvard anticipated some type of counter-demonstration to occur. A woman working at the event assured him that the police officer was only there to guard the registration money and that no anti-gay incidents were likely to occur. The U.B. student was amazed to heaY that Harvard had no equivalent to our "Independent Journal" and no hate mail and hate message problem. Even in this atmosphere of lesbian and gay tolerance some non-Ivy League conference goers reported feeling unwelcome. For example, the U.B. contingent called ahead and requested room information and did not have their calls returned by the support staff. This led to problems making the conference almost inaccessible for them. During thefirst day's events, Rob Davis spoke with one of the Ivy League conference goers and was asked to "name one famous U.B. alumni." Rob responded with a couple names of State and District Court judges and the Ivy Leaguer said, "phfeh," and wandered off after another student, who had "Stanford" on his conference tag. Rob observed that many of the people attending looked like they had been stamped out of the same cookie cutter and dressed with the same Barbie and Ken suits and sweaters. Regardless of national origin, race, color, or creed, he felt that the most he had in common with any of them was that he was gay. "Merely because we share the struggle against gay oppression and repression, it does not necessarily follow that we share ideology, empowerment theories, the way we view death, or whether we work against orwith the system," Rob claimed. When asked what he liked about the conference, Mr. Davis responded, "The work on wills, trusts and estates for same sex couples was good because the presentation included the assertion that homophobic and straight lawyers will be willing to perform these same sex property arrangements every day of the week if there is a profit in it. Whether they like the orientation or not, most lawyers will have lesbian and gay clients." Rob added, "Looking back, I wish I'd gone to the March on Washington, scheduled that weekend, because I could have spent my time with 'out' political gays rather than 'closet' corporate gays. Better blatant than latent." capable of performing these functions but needs help when writing. Being unable to read and write in a conventional manner, Judge Gallet experienced self esteem problems throughout his education. He still experiences those feelings today. "Although I have every in- ... dica of success in my heart I think you're going to see I'm a frog." Because he was not diagnosed until later in life, Judge Gallet suffered scorn and derision while in school from both peers and teachers. The judge related one story from seventh grade in which a teacher marked up his paper with a red pen, gave it an F, and then posted it on the classroom bulletin board for a week. His usual depression greatly increased, and it was not until his father spoke to the teacher that the paper was taken off the bulletin board. disability. Harvard Law School Hosts Conference on Sexual Orientation On April 8 and 9, Harvard Law School sponsored a conference entitled "Sexual Orientation and the Law" and invited members of the UB Family Law faculty and members of theLesbian and GayLaw Students Association to attend. The conference, which was held on the Harvard campus, was purported to be a forum for ideas to empower disenfranchised groups of students and to offer solutions to problems typically faced by these groups. The first presentation was a panel discussion dealing with opening the classroom environmenttofrank interaction between Straights and Gays. Three out of five professors on thepanel were straight. Their solution to lesbian and gay disenfranchisement was to attempt to make the classroom comfortable enough to allow non-straights to "come out." going to carry the "tag" of someone who has a learning disability. Judge Gallet spoke of a number of instances in which people, instead of referring to him simply as a family court judge, viewed him as the "judge who can't read." How can Judge Gallet write his opinions and handle a very heavy caseload? It's really quite easy, once the environment is adjusted. Judge Gallet reads and writes efficiently, but he does so differently from most other people. Thus, the Judge Gallet judge dictates his opinions and his secrespells and edits. The judge is able to work with legal concepts, as illustrated by his career, but is unable to communicate these concepts in the usual manner. The judge emphasized the distinction between the ability to work with concepts and the ability to express them clearly. The judge would not be capable of being a journalist, for example, because an integral aspect of a journalist's job is to spell, type and edit, all within a short period of time. A lawyer, however, needs to read, write, research and work with legal concepts. Judge Gallet is very tary types, As the story above illustrates, the real problem faced by those with learning disabilities is not the disability itself but the lack of understanding exhibited by those who deal with the learning disabled student. According to Professor Engel, the primary purpose in bringing Judge Gallet to the school was to increase the sensitivity and understanding of law students regarding learning disabilities. As with "any form of human difference," Professor Engel said, discrimination may be a result; thus, efforts must be made to increase awareness of the different forms the prejudice may take. This process of sensitivity. Professor Engel admits, is not an easy thing to accomplish, but he hopes additional speakers, continued course offerings on dealing with the law and the learning disabled, the operation of the handicapped clinic program, and the active role of Club 504, will result in a better understanding of learning disabilities. (See JUDGE, page 10) University May Be Vulnerable To Pre-emptive Lawsuits News Editor exacerbate this risk to the University because they are largely unsupervised by either attorneys or the law faculty and as a result are prone to constitutional infirmities. An additional incentive for the families to challenge SWJ rulings will be provided by ambitious attorneys whose fees will be recoverable against the University when studentsuits are successful. This significant threat to the University is aggravated by what Professor Blum calls, "an institutionalized insensitivity to constitutional rights." For example, he points to the recent SWJ proceeding against the three undergraduates, at which the Justices expressed their belief that the students were being judged by University rules, implicitly revealing their belief that the proceeding fell outside the constitutional penumbra. It is Professor Blum's contention that the SWJ proceedings may leave the University potentially liable for monetary damages and attorney's fees in federal court if students' constitutional rights are violated. Much of the concern revolves around the impact of the new Anti-Drug Abuse Amendments Act of 1988. The new law, which is of uncertain constitutionality, authorizesfines of up to $10,000 and a cutoff of government-sponsored student loans and aid to students anytime during a five such as an year period after a finding SWJ finding that a student possessed any amount of an illicit drug. The open-ended nature of the law greatly increases the risk of private lawsuits. Students and their families may discover that it is in their best interest to bring pre-emptive law suits under 42 U.S.C. sec. 1983to overturn any SWJ drug proceeding which arguably could violate students' constitutional rights, as a means to avoid triggering the new drug law and the significant threat posed by its heavy fines. The SWJ's operating procedures The case against the undergraduates began when a public safety officer initiated an investigation based on information that he refused to reveal. Without a search warrant the officer apparently knocked on the door, entered the room uninvited and pressured one of the defendants to sign a waiver of his fourth amendment rights. Eventually, the students, who were not represented by counsel, plead guilty to reduced charges in Amherst Court. However, Professor Blum has advised the University that they should set aside the entire proceeding and confineany disciplinary action to a private reprimand. He has counseled that, for the Univeristy to avoid liability, it may be important that there be no publicly accessible record that either documents possession of marijuana or imposes substantial sanctions. The SWJ has been the target of recent criticisms. However, Assistant Dean Ronald Dollmann has defended the institution by stating that he' is proud to have a student judiciary at which undergraduates act as justices and law students are counsel. Professor Blum attended a recent session of the Student Wide Judiciary (SWJ) in the cases of three freshmen who were jointly charged with possession of marijuana after a plainclothes police officer made a warrantless entry into the dormitory room they share. He identified some constitutional difficulties which center around the warrantless search and SWJ proceeding in which defense counsel were not provided with evidence that allegedly had been promised to them. Also, a series of incompetent evidentiary rulings coupled with the raucous atmosphere of the courts denied counsel for the defense the opportunity to conduct effective cross-examination. by Bruce Brown — — April 26,1989 • TheOpinion 3 �Soviet Refusenik Speaks on Emigration Issue On Tuesday, April 17, the Jewish Law Students Association presented Soviet Refusenik Yaakov Shaposhnikov, who spoke on the problems faced by the Soviet Jewry, and the struggles he faced in his attempts to emigrate to this country. For most of us, the idea of moving to a foreign country is something which is never contemplated. Stated simply, there is no prevalent reason why most Americans would even want to. Jews in the Soviet Union are not as fortunate. Indeed, in a land where Glasnost and Perestroika are allegedly making life easier, the plight of the Soviet Jew, in many ways, has worsened. by Andrew Culbertson Managing Editor Dr. Shaposhnikov's (he has an MD and a Ph.D.) attempts to leave the Soviet Union began in 1974. In what he described as the last year of "free" emigration, he and his wife applied for an exit visa and were told, "Sure, you will be allowed to leave." The actual application not only involved a tremendous amount of paperwork, but also entailed some more substantial unpleasantries. One of the applications, a request that he wanted to leave his job, was merely an official way of saying "fire me." Since it generally takes a long time for all the paperwork to be processed, this means that many potential emigrants are jobless for quite awhile. Dr. Shaposhnikov claimed that he was fortunate, since he was "merely" demoted with a cut in salary. Another problem is that once you apply for an exit visa, you are considered a traitor. The attitude, according to Dr. Shaposhnikov, was that "this person was our friend, and now we see he wants to betray us." In December of 1979, several major events took place. First, the Soviet Union invaded Afghanistan. In response to this, President Carter decided to indefinitely delay ratification efforts of the SALT II "At this point, everything treaty. stopped," stated Dr. Shaposhnikov. Nearly two years elapsed, and there was no response to their original application. Upon petitioning the Politburo, they were given no reason for the delay, and were told simply that "you should live here." This non-responsiveness continued for nerarly eight years. At one point, Dr. Shaposhnikov stated, he was invited for discussions with lower government officials. They asked him why he wanted to leave, and warned that unless he stopped writing petitions, he would never leave the country. In 1987, in the wake of a more "liberal" emigration policy under Soviet leader Mikhail Gorbachev, a law was passed stating that all emigration petitions would be processed within six monthsofreceipt. This time, Dr. Shaposhnikov and his wife were permitted to leave the country. Three days before his scheduled departure, Dr. Shaposhnikov received a phone call from a former employer who told him that there were people who wanted to speak with him. At the same time, he realized that he was being watched by the KGB (soviet police). Through a series of clever moves, he was able to avoid being questioned by the KGB, and he and his wife finally left. Reflecting on why he decided to leave the Soviet Union, Dr. Shaposhnikov stated that the decision was due primarily SBA Announces New Policies for '89-90 The SBA and the Law School administration have jointly concluded that students posting flyers and signs will be limited to designated posting areas. No longer will it be Law School policy to allow posting on any available wall space. In the future, maintenance will be instructed to remove any posting not found in designated areas. At this time it has not been determined where those designated areas will be located. Both the SBA and the Administration are soliciting student input as to where they should be located. by Bruce Brown * News Editor pj.'j Two reasons were given for this decision. The first was the desire to prevent the disorderly appearance of posters everywhere which was termed "disgust- ing" by SBA president Kimi King. The other was the more tangible conclusion that the random posting can be destructive. This conclusion was reached after the tape holding up posters was found to be causing the newly painted columns on the first floor to peel. The Law School was then forced to re-paint them at a cost of twenty-five dollars an hour. Dr. Marlene Cook noted that this simple measure will help to prevent the Law School from having to absorb this type of expense. The SBA has also decided that student groups will no longer have access to copy machines and will have their copy facilities limitedto the more time consuming offset machines. This is a result of the overall SBA budget squeeze and the conclusion that many of the groups were burning up their resources in copying costs. to "the minor things that poison your life." For example, Jews are barred access to many of the top universities, and their membership within the Communist Party is strictly controlled (by a quota system). Dr. Shaposhnikov noted that he had once been offered a spot in the Party, but that he had declined. As he put it, "They wanted to make me into a poster boy, to show that there were Jews in the Communist Party." Although anti-Semitism is officially forbidden in the Soviet Union, it is still widely practiced. In the Republic of Moldavia, where the pogroms (the mass killing of Jews) of the early 1900s took place, Jews are afraid to go out in public on Fridays and Saturdays. Dr. Shaposhnikov was particularly critical of Glasnost, Gorbachev's official pol- tions. Mark Schlecter, an organizer of the demonstration, declared that this move signalled "A complete victory for the demonstrators." These sentiments were echoed by John Wiencek, a member of the Federalist Society. Wiencek expressed disappointment in the Dean: "Filvaroff waffled on this," he said, "and as a result, it was a total victory for the demonstrators." Another counter-demonstrator. Bill Cook, stated that he was: "Deeply distressed that a small group of students would take it upon themselves to arbitrarily and capriciously deny other law students the right to be informed about employment opportunities with the FBI, particularly on the nebulous but obviously trendy issue of sexual orientation." — — Sexual orientation was indeedthe main subject of concern in the question and answer period. When asked about its hiring policies concerning homosexuals, the FBI refused to give a straight answer. While Special Agent Langford denied that the FBI had a policy of not hiring gays and lesbians, his colleague. Special Agent Derm stated that the FBI may occasionaly 4 The Opinion April 26, 1989 Pressed further on the meaning of "consideration," Langford explained that what was really examined was the applicant's potential for sexual promiscuity. An overly lustful agent might be blackmailed or seduced into devolving highly sensitive information to the enemy. Lisa Morowitz, a member of the National Lawyers Guild, countered that an individual could sleep with dozens of people and not reveal anything, while another might sleep with only one person and yet reveal all. Law student Tim Jennings pointed out that he would be 35 upon graduation, and questioned the FBI policy of not hiring people over 35 as special agents. Langford replied that Federal Law prohibited such hiring. Jennings responded that the law was illogical, and that an Olympic athlete such as Bruce Jenner, who is over 35, would likely make a superior special agent over younger, less physically fit persons. Regarding their policy of not hiring handicapped individuals as special agents, Langford said that since the job he stated that this policy is only applied to speech that is unimportant. In other words, speech that criticizes the government is still not tolerated. One thing that Glasnost has managed to promote, however, is more vocal anti-Semitism throughout the country. Dr. Shaposhnikov's assessment of the future of the Soviet Union was not encouraging. "As long as Gorbachev needs outside help, he will make it seem like things are changing. In reality, the type of change the Western media has projected is impossible, at least in the foreseeable future." Great American Meat Out Comes To UB On Monday, March 20th, members of the Law Students for Animal Rights UB Chapter (LSAR) and the Buffalo Environmental Law Society (BELS) celebrated the "Great American Meatout," an event in which groups nationwide urged Americans to kick the meat habit for a day. The "Great American Meatout," modelled after the American Cancer Society's "Great American Smokeout" is coordinated by the Farm Animal Reform Movement (FARM), a national animal rights group. Since 1985, animal rights and environmental groups around the country have held demonstrations and various other events to promote vegetarianism and protest the killing of animals and destruction of natural resources which are the result of a meat-based diet. — by Michael D. Gurwitz Features Editor To celebrate the 1989 Meatout, LSAR, along with the undergraduate UB Animal Rights Group, set up display tables across from the law school library. One table was devoted to selling vegan (strictly vegetarian) cookies, and the other to literature regarding vegetarianism, factory farming, and the health effects of meat. A video was also shown that documented the abuse of egg-laying hens. The term "Farm Fresh Eggs" was proven to be thoroughly misleading, as today's modern eggs were shown to come from filthy factories where four to five chickens are crammed into battery cages the size of this newspaper when unfolded. Loretta Smith, a first-year student who participated in the event, explained her participation in this way: "I participated in the Great American Meatout to share with anyone who was interested that vegetarianism is not just a diet done for FBI take an individual's sexual orientation into "consideration." icy of "openness concerning the problems and short-comings of Soviet society." According to him, one of the supposed effects of Glasnost is the increased right to freedom of expression. However, 'health' or 'ethical' reasons but a practice of non-violence and compassion that spills over into all areas of one's life." In general, response was quite good, as hundreds of informative brochures were handed out. Many of the students who came up to the tables professed to being either vegetarians, or omnivores who ate very little meat. The most encouraging response, in this writer's opinion, was that practically everyone, even those who totally dismissed vegetarianism, admitted that they had eliminated, or drastically reduced, their consumption of red meat. Aside from obvious benefits to the cows who are not killed for their flesh, a reduction in the consumption of red meat reflects American's growing sophistication regarding the relationship between a meat-based diet and cardiovascular disease and cancer. The recent boycott by the European Economic Community of hormone-treated American beef highlights this awareness. It is also a boon to the environment. Millions of acres of forest and prairie land are converted into pasture for cattle. As concern increases over the Greenhouse Effectand Ozone depletion, ecologists are arguing that forests, especially rainforests, are crucial in regulating the planet's temperature. Cattle ranching is therefore a menace to all life on the planet. Wildlife also benefit from decreased beef consumption and production. Predators such as wolves, coyotes, bears, and mountain lions are constantly being shot or poisoned by ranchers, and, as the recent slaughter of bison from Yellowstone National Park demonstrates, other animals suffer as the cattlemen and their herds encroach upon the little that remains of America's wilderness. (See MEATOUT, page 10) from page 1 of a special agent is extremely dangerous, it would be unwise to hire a physically disabled individual. Langford pointed out that there were many other positions open to handicapped applicants, such as attorneys and support staff. Though the FBI agents flatly refuted that there was an official policy of discrimination against homosexuals, the demonstrators were not satisfied. Rob Davis, President of the Gay and Lesbian Student Organization, pointed out that if the issue of sexual promiscuity was aimed at homosexuals, it would be wise to re-examine that question in light of last year's scandal involving highly unauthorized lust between male U.S. Marines and female Soviets agents. Kirn Propeack, a member of the Women's Center and an organizer of the demonstration, summed up the day's events in this way: "Administrators apparently felt that they could overturn popular opinion on campus by sending the FBI, a discriminatory agency, to recruit in the law school. Students, through this demonstration, have indicated that they can effectively control their environment despite administrative rulings and actions." Davis went on to say that even if there was no official FBI policy against the hiring of homosexuals, there was enough unofficial intolerance for gays that he would hesitate to state his true sexuality on an application for fear of being rejected. Citing the blatantly anti-gay, racist tendencies of former FBI Director J.Edgar Hoover, Davis said that undoubtedly many gay agents remained closeted. He challenged Langford to bring an openly gay agent to the next recruiting effort. Langford replied that that decision was rather than the health and safety of the farmworkers," said Mark Schlecter. "The FSA's support of the grape boycott was based primarily on its concern for the health of its consumers, the University students. Nonetheless, the implication of its support is that we are rekindling the spirit of the first boycott, and advocating a conscious effort to understand what the use of these pesticides is doing to ourselves and the people who are actually working with it," commented Nathaniel Charney. up to the individual agent, obviously missing the point of Davis' challenge. Grapes from page I �La w Students Participate in Pro Choice March by Judith Buckley On April 8, 1989, two buses from the University of Buffalo Law School departed the Amherst Campus en route to Washington, D.C. to be among 600,000 participants who thronged the Capital in support of Women's Equality and Women's Lives. The UB buses were sponsored by the Association of Law Students and co-sponsored by the undergrad S.A. Women's Affairs. The April 9 march itself was organized nationally by the National Organization for Women (NOW), and had as its primary focus the support of a woman's right to choose for herself whether to carry her pregnancy to term or to end it early by having an abortion. The timing of this march was crucial, as it preceded the Supreme Court's April 26 consideration of Reproductive Health Services v. Webster, a case involving a Missouri statute that curtails a woman's decision over her reproductive capacity. The statute restricts abortion by 1) defining life as beginning at conception, 2) prohibiting abortions at public facilities or by public employees, 3) prohibiting the use of public funds to counsel a woman to have an abortion, and 4) requiring specific tests and findings concerning fetal inability for all the abortions after 19 weeks gestation. It was to demonstrate the overwhelming support of the American people for a woman's right to choose abortion, and to show that this majority opposes any narrowing of that right as threatened in Webster, that over half-amillion people marched on Washington. Efforts here at UB to send a contingent to the rally began in early March, with a Pro-Choice table set up outside the Law Library with informational literature and petitions supporting choice. The Association of Women Law Students sold buttons, flowers, baked goods, and, of course, bus tickets at $20.00 each to raise |J Jl UNIVMSITY AT BUFFALO StaleUmwsity ofNewYork T* J IVUi - � V V V > and , N* % i TheDon Davis 1 POWERi PRESIDENCY The Dtsllngutshed Speakers SerlesSSMS f Jimmy Carter nl I ■■ a red slash through it asserting "Never again!" The banner read "University Buffal for Pro Choice: We Are the Majority." At 11 p.m. the buses loaded 90 people aboard and departed. We were greeted in Washington by a partially sunny day and cherry blossoms just past their peak, but the crowd was at the highest pitch of excitement. We gathered at 11 a.m. on the lawn around the Washington monument, and stepped off into the thoroughfares by 1 p.m. People as far as the eye could see streamed into the streets, bearing banners proclaiming "Not the Church, Not the State, Women Must Decide Their Fate!" "Big Brother is Watching You!" It lE-' g0 Judith Buckley, student organizer of the Law School trip to Washington. i|, I * money to fund the buses. All told, AWLS raised about $2400 to make the trip possible. On Saturday night, on the eve of the march, UB participants gathered in Capen lobby to make posters and banners to carry at the demonstration. Slogans included "Be a voice for choice," "Keep your laws off my body," "No more back alley abortions!" and a coat hanger with ■■ President Thursday, May 4,1989 8:00 pm Alumni Arena Tickets are availtble at the Capen Hall Ticket Otlice. For mail arders pail markedafter Aartl 21st. under a picture of Uncle Sam. "My God says the Woman's Life Comes First." One of the most moving testimonies was a banner born by two young girls: "MY MOTHER HAD AN ILLEGAL ABORTION. I DON'T MISS THE BABY—I MISS MY MOTHER." The chant arose "What Do You Want PRO-CHOICE! When Do You Want It NOW!" and swelled as we approached Constitution Avenue. "Christians for Choice." Up 14th Street. "A Woman's Body is Not a National Resource." At the crossroads of 14th Street and Constitution, a young woman scurried up the street sign with her banner "Roe v. Wade, Must Not Fade," and led the crowd in chanting that slogan as we paused at the crossroads of our Constitutional rights to privacy. "Mind Your Own Body. I'll Mind Mine." Down Constitution Avenue. "Keep Your Laws Off My Body." Pause in front of the Department of Justice. "Sandra Day, She's the One, She'll Say 'No' for Everyone." Onward to the Capitol. "Mind Your Own Uterus." "Not Every Ejaculation Deserves a Name!" Another chant arose —"Pro Life, your name's a lie, You don't care if women die!" "Mormons for Choice." A Child in a backpack with a sign saying "I Was Born Happy, Healthy, and Wanted. Doesn't Every Baby Deserve the Same?" On the lawn surrounding the capitol building. "Menopausal Women, Nostalgic for Choice." "Ayatollah and Pro-Lifers Bomb Their Opponents." "Who Decides You or Them?" Collapse, exhausted, at the foot of the miniature Statue of Liberty, hostess to the banner "With Liberty and Justice for All." Not far away, on capitol grounds, antichoice demonstrators had erected 4,400 white crosses (and hurriedly added some Stars of David) supposed to represent the number of fetuses who die each day in the U.S. as a result of abortion. Pro-Choice demonstrators gave it a new interpretation the symbols represent the estimated 17,000 women who each year, before Roe v. Wade, died as a result of illegal abortion. Hundreds carried hangers as a symbol of their fears that a narrowing of Roe v. Wade would mean a return to illegal and dangerous abortions for desperate women. From where we stood, caught between the pro-choice marchers on one side and the anti-choice demonstrators on the other, we witnessed the confronation at its rawest. Anti-choicers, some dressed ridiculously in baby bonnets, were screaming about murdered babies, while on the other side, women and some men screamed back about murdered and mutilated women. Religion entered the fray, as the anti-choicers raised theirBibles and uttered their prayers, while their opponents retorted that religious views should not be forced on anyone, or that there was no such thing as God. — — — — — From the steps of the Capitol, Molly Yard, President of NOW, addressed the crowd: "It's time for Congress to understand that we are the majority.'' The Reverend Jesse Jackson appeared and spoke in support of a woman's moral right to choose. Congressperson Pat Schroeder, in a stab at the Vice President, joked: "Dan Quayle thinks Roe and Wade are alternate methods to cross the Potomac," Cybill Shepherd took the stage in support of choice. Eleanor Smeal, President of the Fund for the Feminist Majority, declared: "We're not killing babies, we're not killing We're saving women's lives." anyone Judy Collins sang "Bread and Roses" and invited the audience to sing with her, "Amazing Grace," which brought tears to many eyes. Whoopi Goldberg, stated that "Hangers as an alternative are wrong," and declared that if the Supreme Court overrules Roe there will be a revolution across the land that will tear down this government. She then led the crowd in what can only be described as a roar that rang the capital, "NEVER AGAIN!!!" About 4:30 p.m. the crowd began to disperse. Delegations from Kentucky, Missouri, and Ohio began to leave. There were participants who traveled on buses from as far away as Maine and Alaska (they were probably in D.C. anyway, protesting Exxon). Secret Service people and plain clothes police were everywhere, but even by the end of the day only minor skirmishes had broken out between prochoice activists and counter de- .. monstrators. UB buses were scheduled to depart at 7:30, and the tired yet fulfilled Buffalonians came back to the parking lot sporadically. We were female and male, UB law students, undergraduates. Women's Studies students and staff members. We had a twelve-year old and even a two-year old toddler-for-choice. We finally left D.C. around 8 p.m., but not before drivers Fran and Bill donnedbuttons and tee shirts for choice. On the return trip, organizers passed out post cards for people to write their New York State representatives to asking them to support Medicaid-funded abortion, or to write in protest to U.S. Representative John J. LaFalce, who is heading a group of House Democrats who want the party to scrap its pro-choice platform plank. Arrival in Buffalo was at 6:30 a.m. Monday, with snow and cold winds chilling" us back to routine reality. Now that the dust has settled on the anxiety and preparation for this successful trip, I would personally like to thank every student group who contributed funds, every participant, every buyer of buttons or flowers, and especially each and every student who contributed time and energy to sitting at the Pro-Choice tablefor making this momentous political experience possible. Phi Delta Phi To Sponsor Race Judicata by Jim Rivard Membership, following the Buffalo Model, is open to all students regardless of class ranking. Come out and run, or just take a breather, next Wednesday from 3:30 to 5 PM at the first floor lounge. Carl Neidermeyer and other members of the fraternity will have pertinent race details. See you there. On Wednesday, April 26 at 4 PM, 1.5 mile and 3.0 mile races will be held on campus for all law students. In addition, all students, faculty and staff are encouraged to cheer on their favorites and take part in the festivities. Refreshments and munchies will be provided by Phi Delta Phi from 3:30 to 5 PM in the first floor lounge. This will be an opportunity to establish school spirit and build rapport among our diverse membership. Awards will be presented at the conclusion of the races in various categories and race T-shirts will be available to those interested. Sign-ups will be conducted during the next week and students may indicate if they would like a shirt. The race is an annual event here with good participation among the runners here in the law school. The sponsor, Phi Delta Phi International Legal Fraternity is an honors society dedicated to promoting high ethical standards within the legal profession. Phi Delta Phi was established nine years before the American Bar Association, in 1869 and has over 150 chap- CLASSES OF 1990 AND 1991: To compete for a place on ÜB's Jessup International Moot Court Team you must arrange to receive the research materials ($l2) and intramural problem for the Memorial (international term for "brief") Preparation in August. Memorials and oral arguments will be judged in early September —so tell us before you leave for the summer where we should mail your materials in July. Respond to Box #47. Don't miss out on this world-class op- ters. portunity! Jessup Moot Court News April 26,1989 The Opinion 5 �opimonJßl" STATE lINIVERSITY OF NEW YORK ATRl IFFALOSCHOOL OF LAW Volume 30, No. 1 April 26, 1989 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Bruce Brown Eeatures Editor: Michael Gurwitz Photography Editor: Jeff Markello The Spending A Life in the Law As lawyers, you will be the objects of admiration and cynicism. The legal profession today offers ample justification for both. One thing is clear: it needs the best you can give it. Those to whom being a lawyer is just the means to personal wealth and power may gain both, but they will miss many of the satisfactions the profession offers. Think about yourselves as lawyers in three different, but closely related, roles. First, you will represent people with difficulties and fears that overwhelm them and who will turn to you for help in making their way through a maze of rules and institutions. For the poor, this means confronting the landlord who will not provide heat or remove lead paint, the local welfare office that has cut off benefits or a social service agency that threatens to remove a child from a parent who lacks the knowledge or strength to fight back. Even for those who can pay a fee, the events that call for a lawyer are often intimidating — a nasty lawsuit, the potential loss of one's business, a marital breakup or trouble with a government agency. Whether you are in private practice, government or a legal office, you will have the special responsibility of dealing with people when they are most vulnerable, and will enjoy the special satisfaction that comes from providing help when it is most needed. Second, as a lawyer you can be an adventurer, or joint venturer with others, in seeking needed changes in laws, legal processes, the legal profession — and in society. Almost every major public issue involves law, and some of your predecessors have played heroic roles in such quests as those for racial equality, for arms control, for children's rights, for environmental protection and for international human rights. None of those issues are behind us. Within the legal system, your generation must deal with courts that are increasingly overwhelmed by caseloads and with the need, as a matter of simple fairness, to provide legal assistance to the poor. And the legal profession itself is undergoing fundamental changes as large law firms get larger, the competition for legal business gets fiercer and pressure increases to find alternatives to litigation for resolving disputes. Third, think of yourselves as intellectuals who bring creative abilities and imagination to the solution of difficult problems. One of the great pleasures of being a lawyer is seeing hard thinking translated into the results you are seeking for your clients. Whether you are planning a complex corporate merger, writing a brief for an appellate court or seeking to persuade a judge to place a convicted defendant on probation, you should bring to the task all the intellectual power and craftsmanship of which you are capable. I hope your life in the law will enable you to see yourselves as respected and independent professionals. During the current controversy about whether a lawyer must divulge a client's commission, or planned commission, of a crime, it is often asked whether a lawyer is just a "hired gun." That expresses the issue too narrowly. What is really at stake is your integrity. You will have to develop your own standards of what you will and will not do, and be ready to be judged by them. Some of the issues will be agonizingly difficult. In particular cases, you may find the interests of a client conflict with your view of the public interest or your sense of justice. More broadly, you will have to decide to what you are willing to devote your talents. Whether you are working in private practice or public service, in small or large offices, you will share responsibility for the processes of justice that are a measure of the decency of a society. It is only fair that you carry this responsibility. If lawyers who build their livelihoods on those processes are not morally obliged to serve as their guardians, then who does have that obligation? Ted Baecher, Lenny Cooper, Dennis Fordham, Eric Katz Jennifer Latham, Jim Monroe, Alice Patterson Contributors: Judy Buckley, llene Fleishmann, Gary Hall, Daniel Ibarrando Cruz, Troy Oechsner, Jim Rivard Staff: Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non profit organization, third class postage entned at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion 6 April 26,1989 Mailbox: Albert Attacks Faculty Statement Opponent's "Battle Field Mentality" Dear Editor, Long experience persuades me that it is not profitable to argue or reason with Professor Barry. Indeed the attempt poses hazards, inaccurate attribution being one of them. During Barry's unscheduled, uninvited and exasperating visit to my office recently (his assertion of 13 months of prodding is an uncharacteristic understatement), I did not, say anything very similar to what he recollects in his letter. Instead I informed him that the task was complicated and asked for patience. But the task for Professor Barry is very simple repudiation of the "infamous paragraph" and patience obviously is in exceedingly short supply. — Editorial Opinion — Student Attacks "Independent Journal" Dear Editor, Since the editors of the "Independent Journal" hid behind anonymity like a scared child hides behind his mommy, I am forced to respond to them indirectly through The Opinion. Public anti-gay rhetoric usually belies a troubled sexual history. Check your facts. Just as being married doesn't mean being straight, justsaying you hategays doesn't mean that you're straight. History is full of self-loathing homosexuals. Roy Cohn bashed gays publicly and denied his sexuality right until his death from AIDS. Terry Dolan the founder of the first political action committee, NCPAC, fought against gay rights until the day he died from AIDS. These people weren't hemophiliacs or intervenous drug users, these people were gay. So was at least one of the editors of the Journal." "Independent Alexander Hamilton had many male lovers and wrotemumerous love letters to men. So much for original intent. Rob Davis, GLSO What is truly troubling in Barry's letter, however, is his preferred role as leader of the true believers in a holy war against the law faculty's modest effort to prevent the law school from being a place of insult, humiliation, and indignity associated with racism, sexism, and their kin. Barry's vision of this effort (what he joins in calling a "dirty, little secret") as unmitigated evil and of the university as a sacred haven for verbal assaults is scary. That his clarion call to arms is replete with strident, rhetoric, messianic fervor, ad hominem accusation (imposing economic and social orthodoxy is the law faculty's real purpose) and ranging misinterpretation should terrify all of us. Ironically (and regrettably), his norms are not those of a university, but of a battlefield. Sincerely, Lee Albert Professor of Law Critical Legal Studies Debate Dear Editor, I am writing this to invite the Law School community to participate in an event which is unusual for our school. On Wednesday April 26, 1989 at 5:00 pm in Room 106, Professor Alan Freeman, U.B. Law School, will debateProfessor Jeremy Rabkin, Cornell School of Government, on the Critical Legal Studies analysis of the Public-Private distinction in our society. At this school we frequently hear Critical Legal Studies discussed, however, we rarely hear an opposing viewpoint and even more rarely a debate on the topic. I urge everyone to participate in this event, which is sponsored by the Federalist Society. Dean Filvaroff will moderate and a reception will follow. Yours truly, James H. Hayden Students Speak Out Against FBI Discrimination Policy Dear Editor, On Tuesday, April 18th, the FBI was scheduled to recruit at the UB Campus in O'Brian Hall under the auspices of theLaw School Career Development Office (CDO). One hundred students, both undergraduate and graduate, showed up a halfhour before the scheduled presentation and blocked the doors to the room. Indeed, two hours later Dean Filvaroff announced that the FBI had given up their plan to recruit. The protest moved up to the fifth floor, where there was a dialogue between concerned students and the FBI about the FBl's hiring practices. The successful action in front of room 108 O'Brian was not an action against the military nor was it an action against the FBI. IT WAS AN ACTION AGAINST DISCRIMINATION. A Federal District Court Judge in Texas, in September of 1988, determined that the FBI discriminates against people of Hispanic origin in their personnel practices. In addition, the FBI discriminates against gays and lesbians in their hiring practices. This is not a free speech issue. The FBI or any other discriminatory agency or law firm may speak on campus, they may try to justify their practices or they may debate us on the merits of their policies. The key is that they may not do it with our money. OUR MONEY. The issue is not free speech. No one is stopping anyone from speaking. The issue is the use of University Community money to promote discriminatory hiring practices. This we will not tolerate. thing we will never have to deal with. BUT, for some of our fellow students, members of OUR COMMUNITY, discrimination is somehting they live with every day. It is appalling that the University would allow the CDO to use student's tuition money, our money, the communities money, to promote practices that discriminate against members of our community. By having the FBI recruit in O'Brian, sponsored by the CDO, we are funding discrimination against ourselves. It is an atrocious thought. Luckily, we organized and successfully kept that from happening. THIS TIME. The struggle will not end with this successful action. The struggle for anti-discrimination will never end. But, that does not mean that we won't continue to fight for change in our University, to reflect the attitude of the community it serves, thereby, hoping to effect change in the greater community around us. The action that stalled the racist and discriminatory hiring practices of the FBI should serve as a reminder of the work that needs to be done. It is up to us to compell the University as a whole, and in particular President Sample, to adopt an anti-discrimination policy that protects our community. We will not tolerate discrimination against any members off our community. ANY MEMBERS. Discrimination against a single member of our community is discrimination against our entire community. For the vast majority of the population at the University, discrimination is some- Nathaniel Charny Patrick Reidy �More From The Opinion Mailbox... Registration Flawed Students Demand Dean Filvaroff's Resignation Dear Dean Filvaroff: We, the undersigned law students, watched with dismay the events surrounding the FBI recruitment session on April 18, 1989. We watched a radical group of student demonstrators physically block the entrance to the room where the recruitment was to take place. These demonstrators crooned incantations about the alleged discriminatory policies of the FBI all thewhile citing provisions of the ill-fated Faculty (Marcus) Resolution amending the law school's anti-discrimination policy. Although we fully support these demonstrators' freedom of speech, we are outraged by your actions (or lack thereof) in what amounts to a de facto re-enforcement of the same Exiting ukase which President Sample declared "inconsistent" with University recruitment policy. As dean and agent of the University, you have the duty to enforce and, indeed, promote the University recruitment policy; rather, you permitted this group of demonstrators to hold the law student body hostage to their interpretation of University policy and dictate the terms on which the FBI may recruit at the law school. In addition, after having successfully petitioned the President on just this issue, we fail to understand why you see fit to disregard the President's order. Further, this incident was but a culmination of a series of prior events which illus- trate your insensitivity to other viewpoints within the student body. Specifically, we note your actions in the JAG fiasco and the still in-effect Faculty Statement on Tolerance. Finally, given your demonstratedinsensitivity and witting disregard of University policy, we believe there is no other recourse. Therefore, we hereby demand your resignation forthwith and thus urge President Sample to appoint a competent administrator who will enforce University policy. Sincerely, John S. Wiencek Daniel P. Majchrzak Editor-in-Chief Bids It has been an exciting and challenging three years working with the staff and board members of The Opinion. Working with a media enterprise such as a newspaper, the only private enterprise with specific constitutional protections, is a job that calls for a deep understanding of the role of the media in our community and society in general. Be it by publishing newsbreaking stories or exposure to an organization's event, providing a forum for opinions or raising the consciousness of our readership via analysis of legal issues, I hope that The Opinion did its best in balancing viewpoints in these and other endeavors. This past year we were able to take The Opinion to a national level. It is my belief that our exposure on this level is in unison with the national reputation of our law school. The Opinion is mailed and subscribed to by numerous law firms and practitioners who want to know what law students at UB are thinking about. It is also mailed to numerous law schools from New York to California on an exchange basis. This exchange has provided our law student body and faculty with the awareness of occurrences at other schools that may aid in the development or promotion of our own policies or agenda. Thus, we presented the "Across The Nation" column to the UB legal community. Daniel Ibarrondo Cruz, exiting Editor-in-Chief In the past. The Opinion has been instrumental in saving the Immigration Law clinic and providing insight, via our law school student newspaper exchange program, on the development of our faculty statement and numerous other items of concern. It has also been instrumental in the hiring of minority and women law Dear Editor, Last week's sudden release of next fall's academic schedule was flawed in two respects. First, the "First come first served" nature of registration makes it difficult to take the time to properly investigate classes and professors, adding an unneccesary element of randomness to the process. We should have had the schedule at least a day or two before registration. Second, the timing of the registration showed a distinct lack of sensitivity to Jewish law students. I'm sure that my friend who went home for Passover is going to be disappointed to find that he is now last in line for classes next semester. I doubt that he expected more bitter herbs from records and registration. Bruce Brown UB Farewell professors. I hope that The Opinion continues to be used by the entire student body as a forum to advocate other programs and concerns, such as the establishmentof an EnvironmentalLawclinic. The goal that I have set for The Opinion this past year called for the publication of articles containing analysis of contemporary legal trends and cases. Be it by substantive legal analysis as in the case of Runyon v. McCrary or Roe v. Wade or in broader and creative legal issues such as the JAG Corps issue, it was our policy and priority to publish articles with group ramifications over those of personal concern. This was a vast departure from previous administrative policies concerning publication of articles. It is my belief that as law students we should spend the time to report, write and publish legal analysis of issues and utilize the tools of our profession while in law school. This policy was not easily taken by some law student organizations that in the past had regular columns on their groups' activities or their leaders' concerns. The law student newspaper should not be a vehicle to serve the interests of a particular group or groups. In the end, all law student organizations were given exposure and the opportunity to air their viewpoints. The feedback that the law students and faculty provided on each of our bi-weekly issues was extremely useful. I believe we have set a standard for The Opinion and that this standard reflects the abundant amount of knowledge, viewpoints and ex- change of ideas that permeate through the walls of O'Brian Hall. Clearly, the high goals that were set could not have been started and implemented without the help of Donna Crumlish, Andrew Culbertson, Maria Rivera, Alexei Schacht, Damon Scrota, Jeff Markello, staff writers, and numerous contributors. I would also like to take this opportunity to thank Mary Jo and Wayne from Words & Graphics, our printers, for their patience and ability to work with a group of high stress law students. Serving UB Law School as Editor-inChief of The Opinion has been a wonderful experience. The opportunity to express my love for research, reporting and writing via The Opinion has made my law school education a rewarding one. I hope our readership has enjoyed my editorials on legal trends, the profession and the roles of lawyers in our society. I congratulate the graduating Class of 1989 and hope you enjoy my last editorial in this issue of The Opinion. TheAbortion Struggle: Keep It Safe, Keep It Legal "Not the Church, Not the State, Women Must Decide Their Fate." Today the Supreme Court will review Webster v. Reproductive Health Services, a case which involves severe limitations on a woman's access to safe and legal abortions. This represents the first significant potential challenge to a woman's right to a legal abortion since the 1973 decision of Roe v. Wade. The Reagan-packed Court must not be allowed to steal one inch of this fundamental right of privacy. A woman must have the right to control her own body. No one, not President Bush, not William Rehnquist, not Jerry Falwell, and not Terry Randall, no one can force a woman to endure nine months of pregnancy and bear a child if she chooses not to. by Michael D. Gurwitz Features Editor I have been a pro-choice escort and I marched in Washington on April 9th. I have seen the anti-abortion forces, and one thing which I encountered time and time again is that it is men who are the leaders, men who are the loudest, and men who will impose their physical bulk on women trying to get into clinics. These men will never get pregnant, yetthey seek to force pregnancy on others. A man has exactly two justifiable options regarding abortion. He can keep his opinions to himself, or he can join pro-choice women in keeping their rights intact. Anything else is just another example of male domination, and this world has had more than enough of that. Lest we smirk at the notion that the antiabortion movement represents an attack on women's equal rights, considerthefollowing: as a result of the push for "fetal rights," women are being forced to undergo caesarian sections, even when it is not necessary, and even when the women state in no uncertain terms that no, they do not want to be cut open. In one case in Chicago in 1984, a hospitalized woman refused to consent to a caesarian section. Her husband was forcibly removed from the hospital, and the woman was literally tied down to a bed. The surgery was performed against her will. This obscenity was done in the name of the fetus' rights. What about the woman's rights!? In another case, a fifteen year-old girl who became pregnant after being gang raped was denied public funds for an abortion. Again, the value of a woman's life was made subservient to the value of the fetus within her body. This country gives millions to Nicaraguans so that they can kill other Nicaraguans. Billions are wasted on nuclear weapons which can never be used, while our fellow citizens die in the streets for lack of affordable housing (What are the nuclear weapons for, to protect citizens' rights to starve or freeze to death?). We will spend billions of dollars on death and destruction, and yet we are unwilling to give $500 to a teenage girl so that she can abort the product of a gang-rape. This is not ProLife. This is President Reagan, and President Bush, and Phyllis Schlafly, and Jesse Helms. This is their philosophy. This is Pro-Death. It is understandable that some people, especially the religious, view abortion as murder. It is undeniable that a life is being terminated. For those who believe that this life represents a baby, abortion is a holocaust which they have no choice but to oppose. I sympathize with them, and it pains me to see them in spiritual pain. But their religion, their morality, cannot be imposed on the rest of us. We are not all Christians, we are not all Jews, we are not all Muslims. Many of us are atheists. Our constitution is explicit in its separation of church and state. One need look no further than Iran to see what happens when that division is destroyed. Yet there are those in government who would transform America into a theocracy. These villains, currently extreme right wing members of the Republican party, seek to introduce a bill which would proclaim the United States a Christian nation, subject to the absolute law of the bible. This in itself is cause for concern, but it becomes extremely disturbing when a Supreme Court justice, namely Sandra Day O'Connor, signs a letter endorsing such a bill. It is obvious that Ms. O'Connor has much to learn about the Constitution. Perhaps she should go back to law school to remedy her grave ignorance of the law. Conventional wisdom has it that O'Connor could be the swing vote should the Court review Roe. Could be? Much better to keep eyes on Antonin Scalia. He recently spoke out against President BushReagan's insane program of mandatory drug testing. If he can actually maintain such an altitude above the sleaze from whence he was appointed, Scalia might prove to be a hero in the upcoming Webster decision. But if I was a woman, I wouldn't bet my life on it. With a hostile Administration, and a regressive Supreme Court, women and men who believe in freedom of choice must take active roles in fighting the antiabortion forces, particularly Project Rescue. A pregnant woman should not have to run a gauntlet of screaming, praying religious fanatics to gain access to safe medical care. The aggressiveness with which Project Rescue besieges clinics should be matched, no, surpassed, by pro-choice activists. What is at stake, and what is at odds with Project Rescue's banner of "Pro-Life," are the lives of millions of women who have abortions every year in this country. Outlaw safe and legal abortions, and you will guarantee thousands of deadand mutilated women. This cannot be ignored. The coat hanger, a symbol of abortion rights advocates, was truly once used by women desperate to end their pregnancies. Project Rescue's photos of bloody fetuses, while disturbing, are nothing compared to police photographs of dead, nude women with blood dripping out of their crotches. That is the true agenda of Project Rescue. If the Supreme Court chooses to rape women of the right to control their own bodies, then the Supreme Court be damned. Too many women and men have fought for abortion rights. Too many women have died because they were de nied decent medical care. We will not return to forced pregnancies! We will not return to ruined lives! We will not return to the back-alley butcher! We will not return to the coat hanger! NEVER AGAIN! April 26, 1989 The Opinion 7 �GET THE KAPLAN-SMH EDGE ATTENTION U.B. LAW STUDENTS JULY 1988 BAR RESULTS N.Y. STATE 64% PASS RATE KAPLAN/SMH STUDENTS AT U.B. LAW SCHOOL 90% + PASS RATE FOR THE NEW YORK BAR EXAM YOU ONL V WANT TO DO IT ONCE! DO IT RIGHT THE FIRST TIME! Over 100 Centers Nationwide Offering Complete Preparation For The Bar Exams Of: CA, CO, CT, DC, FL, IL, MA, MD, ME, Ml, NH, NJ, NM, NY, PA, Rl, TX, VA and VT |J lM STANLEY H. I nKAPIAN'SMH REVIEW SERVICES Rk. BAR (800) KAP-TEST The Opinion 8 April 26,1989 [~ lS£fp To™J zz:~Msos, ' ,d a (716) 837-8022 (800)343-9188 L___ 89i7 �University Alumni To Honor Local Attorneys by llene Fleischmann Law Alumni Director Four outstanding Buffalo attorneys will be honored by alumni of the University at Buffalo School of Law on Friday, May 19,1989when the UB Law Alumni Association holds its 27th Annual Meeting and Dinner. pellate Division, Fourth Department. This year, he was reelected a Supreme Court Justice and reappointed by Gov. Cuomo. Justice Callahan was a founding member of the Executive Committee of theBuffalo Naval and Servicemen's Park and was chairman of the Children's Court Committee and Family Law Committee of the Erie County Bar Association, among numerous other activities. Jay, a private practitioner, has been a champion of civil liberties in Buffalo over the past two decades. A 1964 graduate of the University at Buffalo and a 1966 graduate of UB Law School, he is currently a director of the New York Civil Managers of the Erie County Historical Society, a director of the Red Cross, a member of The Women's Group, the Women's Financial Planning Committee Foundation for Jewish Philanthropies, and the National Executive Council American Jewish Committee. berger Land Surveyor, Barrister Information Systems Corporation, Frank R. Papa National Fire Adjustment Company and the accounting firm of Lathan, Lumsden, McCormick & Co. Michael Swart and Jean Powers are cochairs of the event. Serving on their committee are Arthur A. Russ, Jr., Sharyn Rodgers, and Thomas Ward. Reunion classes are 1929, 1934, 1939, 1944, 1949, 1954, 1959, 1964, 1969, 1974, 1979, 1984. Special seating will be arranged and class pictures will be taken. Liberties Union and the Erie County Bar Association Volunteer Lawyers Project. Hon. John T. Callahan The event will be held at the Buffalo Waterfront Hilton at 5:30 P.M., to be followed by cocktails at 6:00 P.M. and dinner at 7:00 P.M. It is the Association's major fund-raising project. Joseph G. Makowski, president of the Law Alumni Association, will present 1989 Distinguished Alumni Awards to Hon. John J. Callahan, who will be cited "for his conscientious performance in the judiciary." David G. Jay will be honored "for enhancing the image of the private practitioner." State Senator Dale M. Volker will receive his award "for his leadership and commitment to public service," and Sue S. Gardner "for her many contributions to the betterment of our community." Justice Callahan is presently senior associate Justice of the Supreme Court, Appellate Division, Fourth Department. A 1951 graduate of St. Bonaventure University and a 1954 graduate of UB Law, he was a trial lawyer for 20 years and a Confidential Clerkto Hon. Ann T. Mikoll before he was elected a Supreme Court Justice for the Eighth Judicial District in 1975. In 1978, Gov. Carey appointed him an associate Justice of theSupreme Court, Ap- State Senator Volker (59th District) graduated from Canisius College in 1963. He worked as a police officer in the Village of Depew while attending UB Law, from which he graduated in 1966. He was elected to the Assembly in 1972, then won a special election to the State Senate three years later. Currently Chairman of the Standing Committee on Codes, he is also a member of various senate task forces on volunteer emergency services, asbestos and drunk driving. Sue S. Gardner All graduates and friends of UB Law School are invited to attend. The cost is $40 per person. Proceeds will benefit the work of the Alumni Association. Please make your check payable to the UB Law Alumni Association and mail it to Arthur A. Russ, Jr., 2100 Empire Tower, Buffalo, NY 14202. Dale M. Volcker Sponsors for the dinner include: Manufacturers and Traders Trust Company, Ticor Title Guarantee Co., R. L. Sonnen- A limited number of scholarships are available for law students, compliments of local firms. If you wish to attend, please sign up with Pat Warrington in the alumi office. Room 320. The Opinion Says Goodbye To Graduating Editors The staff writers and board members of The Opinion would like to wish good luck to two graduating members of the editorial board. Editor-in-Chief Daniel Ibarrondo Cruz and News Editor Alexei Schacht will be graduating in May. David G. Jay Mrs. Gardner is a partner in the law firm of Kavinoky & Cook. A 1952 graduate of Smith College and a 1976 graduate of UB Law, she was chairperson of the American Red Cross, Buffalo Chapterfrom 1984 to '86. She is presently on the Board of Dan has been an inspiration to all involved with The Opinion over the past three years. He joined The Opinion in his Alexei, the master of quick wit, has done an excellent job as our News Editor. The high quality of his articles has been a positive reflection on the school and he has set a high journalistic standard which the rest of us hope to achieve. The Opinion would also like to introduce its editorial board for the 1989-90 school year. Donna Crumlish will be serving as Editor-in-Chief, Andrew Culbertson UB Recyclers Reach Milestone The UB Recyclers, SUNY Buffalo's paper recycling program, is pleased to announce that it has passed an important milestone, having recently recycled its 100th ton of paper. This is equivalent to saving 1,700 trees. "Paper recycling has numerous environmental benefits," said Mike Mancuso, one of three student coordinators for the program. "Besides saving trees, paper recycling saves energy and water and reduces air and water pollution when compared to making paper from virgin wood pulp." "As solid waste disposal becomes more of a problem across New York State, recycling presents a viable alternative," noted Glynnis Collins, another UB Recyclers coordinator. "Landfills present a threat to ground water and are in short supply; and incineration can produce air pollution and toxic ash." The UB Recyclers was founded in February of 1988. It is a student-run operation which is supported by SUNY Buffalo's Office of Physical Facilities and maintenance departments. Students participate as volunteers, interns and through work study. Over 50 students have been involved. Paper is collected in 20 buildings on both ÜB's North and South Campuses. The paperis sorted into various grades including computer paper and white and colored office ledger and then sold to a local recycling company. Typically, 2-4 tons of paper are collected, processed and recycled each week. Student coordinator Scott Sackett points out that, "paper recycling is a satisfying activity because it's tangible, handson and you can really see what you're accomplishing." But the UB Recyclers try to do more than just recycle campus waste paper. "We'd like to expand the recycling program and eliminate waste in the first place," said Sackett. "We also feel a need to speak to the larger environmental issues; conservation is a way of life." For more information, call Walter Simpson, SUNY Buffalo's Energy Officer, at 636-3636. — — The Opinion Editors and Staff first year of law school and wrote regularly. Dan became Features Editor in his second year and started the popular Res Ipsa Loquitor column. As Editor-in-Chief in his third year, Dan has been a fearless leader. He was successful in upgrading the quality of The Opinion and distributing it on a national level. As a result, law schools across the country are more familiar with our law school and some law school newspapers have reprinted stories on UB Law in their own papers. will serve as Managing Editor, Maria Rivera will continue to serve in the highly stressful position of Business Manager, Jeff Markello also retains his position as Photography Editor, and first year students Michael Gurwitz and Bruce Brown join the Board as Features Editor and News Editor, respectively. The Opinion would like to thank everyone who has contributed to the newspaper throughout the year and offers best wishes to the Class of 1989. UB Law Professors To Create Radio Series on Legal Issues In honor of the 100th commencement of the University at Buffalo School of Law, UB law professors have created a special radio series that will be aired throughout the month of May on WBFO-88.7 FM. WBFO is the public radio station of the University at Bufflao. Topics will focus on legal issues in the news. The series will air on Tuesday and Thursday mornings at 7:35 A.M. during the regularly scheduled "Morning Edition" show and again at 12:30 P.M. during "Fresh Air." The schedule for the law series is: May 2: "State Secrets in Criminal Trials," presented by GeorgeKannar May 4: "The Future of Roe v. Wade," presented by Isabel Marcus May 9: "Community Participation in Economic Development," presented by Peter Pitegoff May 11: "The Debate Over Capital Gains," presented by VictorThuronyi May 16: "Soviet Law in the Age of Perestroika," presented by Marjorie Girth May 18: "Litigating for DES Victims," presented by Lucinda Finley May 23: "Implications for Free Trade in the Buffalo Area," presented by Thomas Headrick May 25: "Cleaning Up the Buffalo River and the Great Lakes," presented by Barry Boyer May 30: "Juvenile Responsibility and the Schism Within the ACLU," presented by Alan Freeman June 1: "Euthanasia and Medical Ethics," presented by Lee Albert April 26,1989 The Opinion 9 �Feminization of Poverty Subject ofLecture "Impediments To The Status Of Women" was the final topic of discussion in a series of Brown Bag Lunches held throughout the year, hosted by the Association of Women Law Students. Ms. Shirley T. Joseph, Executive Director of the Erie County Commission on the Status of Women, was a member of Erie County's Task Force of the Status of Women when it was appointed by County Executive Edward Rutkowski in 1985. by Alice Patterson Staff Writer At all economic levels throughout Erie County, a lack of sensitivity to women's concerns causes unnecessary hardship and increases the difficulty for an individual woman who is trying to function to the best of her ability. The lower a woman's income, the greater are the hardships with which she must cope. Understanding the "feminization of poverty" is essential. Data collected from the 1980 census reveals that there were 42,884 families in Erie County headed by females with no husband present. This represents 16.2 percent of all households in the county. Sixty-one percent of these female-headed households have incomes below the poverty level. The proportion of female-headed households living in poverty is higher in Erie County than it is in New York State as a whole. Nearly six out of every ten households living in or near poverty in Erie County are headed by females. The incidence of poverty is particulary high among minority households. Seventy-five percent of the 9,916 black families with incomes below the poverty threshold are headed by women, as were sixty-one and a half percent of all Spanish-origin families. Seen at the national level, 38% of all female-headed households are living in poverty, however, the poverty levels among black and Spanish-origin female headed households are 62.2% and 68.8% respectively. Women of one-family households are impeded by the welfare trap. Women are trapped by a combination of disincentives that make it extremely difficult for them to move from the welfare rolls to employment opportunities. An increasing proportion of available positions either pay low wages or are part-time. Consequently, the availablity of employer-paid medical benefits to workers, especially those dominated by women in the clerical, sales, and service postions are decreasing. Women cannot afford to take low-paid positions if they will lose the medical benefits public assistance provides. Accessible, affordable, quality child care is yet another impediment that women face. Very few female-headed households receive any subsidation for child care. Women are either unable to pay for child care or are unwilling to place Law Students Invited To Gender Bias Seminar The Women's Bar Association of the State of New York, Western New York Chapter, will sponsor a seminar, "Gender Bias: Courting Injustice," on Thursday, April 27, 1989, at 5:30 p.m. at the Buffalo Convention Center, announced Chapter President Ann E. Evanko, Esq. Co-sponsors of the event are the Committee to Implement the Recommendations of the New York Task Force Report on Women in the Courts and the Erie County Bar Association's Committee on Women in the Courts. The program will include opening remarks by the Honorable M. Dolores Denman, Associate Justice, Appellate Division, Fourth Department, New York State Supreme Court, who will discuss gender bias in the courts. Attorney Grace Marie Ange, Chair of the Erie County Bar Association's Committee on Women in the Courts, will review the committee's progress. The evening will conclude with a videotape and panel discussion focusing on incidents of gender bias in the judicial sys- UMOJA Debuts At Cornell Theatre by Daniel Ibarrondo Cruz It was dancing, monologues, skits, singing, music and fashion. It was laughter, sadness, joy, contemplation and thought provoking. Umoja: Unity Through Self Expression was clearly a fine entertainment show directed and performed by law students. Umoja was performed for the first time at the Katherine Cornell Theatre at UB before a crowd of more than 200 people. The evening event, held on March 10th, was filled with more than three hours of entertainment. The show began with a song solo by Delise Brown who sang "The Greatest Love of All" recorded by singer Whitney Houston. The crowd was truly impressed by Ms. Brown's heartwarming rendition. It was a whirlwind tour through Afro/ Caribbean sounds. The various musical notes were abundant throughout the walls of the Katherine Cornell Theatre as the crowd was smoothed by the the jazzy tunes of the Buffalo Black Musicians Club and taken to the heights of the Caribbean islands by the steel drum contemporary American renditions performed by musician Doreen Thomas. Also included as part of the three hour evening's entertainment package was a fashion show choreographed by Jennifer Prescod and moderated by Coleen Johnson, poetry readings by Ayanna Brown and a monologue by Aldrick Freeman telling of the experiences of a black lawyer demonstrating for civil rights. The musical performances included uplifting Gospel tunes by Linda Croft. The highlight, however, of the musical tour was provided by the dancers and drummers of the African American Cultural Center. In what seemed to be a historical trek backwards towards the origins of Afro-American music and its influence on American culture and society, the African drum sounds and dance movements allowed us to appreciate the essence of Umoja's theme.These dancers and drummers, under the directrion of Ronnie Latham, sent musical notes through the vein of all the attendees. The feature performance of the evening was that of Umoja, the dance troupe composed of law students Onnie Barnes, Beverly Bretton, Mushiya Kabemba, Jennifer Prescod, Yvette Robertson and Tuwanda Rush. Paul Williams also assisted the dance troupe. Umoja, the dance troupe, performed a dance entitled "Funga" with the African American Cultural Center Dancers & Drummers. They clearly deserved the applause and standing ovation they received. The crowd was also pleased with the joyful skits bringing memories of the struggles of black leaders and movers such as Malcolm X, Martin Luther King and Rosa Parks, among others. The skits were performed by children of theFutures Academy, who ended their performance with a song rendition entitled "We Are All Like A Rainbow," and the children of St. Augustine's African Child & Family Institute. Umoja, hosted by Jill Lawrence and Stacey Glover and imagined and put together by Valda Ricks, was an evening of entertainment and food for thought. Anyone from The Class of 1990 Interested In Working on The Commencement Committee? Duties Entail: — Searching for a Commencement Speaker OVER — Organizing Awards and Speaker Searches — Senior Week Organization SUMMER If you're interested please contact Chris Reo (Box #203) 10 The Opinion April 26,1989 tern, including treatment of pregnant attorneys, battered wives, and adolescent women in prostitution cases. Members of the panel include: Honorable Jacqueline M. Koshian, Justice, New York Supreme Court, Niagara County Honorable Barbara Howe, Judge, Buffalo City Court Honorable Timothy Drury, Judge, Erie County Court Yvonne Wertlieb, Esq., Assistant District Attorney, Erie County Paul A. Vance, Esq., an attorney specializing in matrimonial law with the law firm of Fiorella and Vance. Linda J. Marsh, Esq., an attorney specializing in litigation with the law firm of Smith, Murphy, and Schopperle Admission to the event is free and law students are encouraged to attend. For Further Information Contact: Judith Olin, 847-0650, or Barbara Scheifling, 856-5500. Meatout . . from page 4 This year's Meatout organizers considered the event a success, and hope to continue with bigger and better Meatouts in the years to come. While the ultimate goal of the Meatout is to produce a nation where vegetarians are the majority, and carnivores the weird minority, the shortterm goal is to educate the public about the benefits of a meatless diet, and the tremendous cruelty of modern factory farming of chickens, cows, pigs, turkeys, and sheep. Ironically, all of these animals are vegetarian. their children in unlicensed, unreliable, and regulated caretakers' homes. One of the most prominent developments that marked the U.S. eeconomy in the 1970's and 1980's has been the change in the role of women working outside the home. Women accounted for 62% of the labor force growth from 1975 to 1984. Nonetheless, women's earnings did not approach parity with men's. In 1987, women working full-time earned only 72 cents for every dollar men earned, working in similar occupations. Nearly two-thirds of all women in the civilian laborforce have incomes belowsls,ooo. Judge from page 3 Although Judge Gallet drew attention to the problems encountered by learning disabled people, for one U.B. law student, Judge Gallet did not say anything new. Dan Boeck, a third year student with dysgraphia, said that it is always difficult to feel overjoyed after someone has "let out the dirty laundry." Boeck wanted Judge Gallet to speak more about the steps a learning disabled person should take in making a foray into the legal world instead of emphasizing the self esteem problems. As Boeck pointed out. Judge Gallet was in an unusual position: he was an attorney before he was diagnosed and thus had already entered the legal profession. He was also lucky to have met some very sympathetic lawyers who were receptive to working with him. In searching for employment, Boeck has not always found the same receptivity. Thus Boeck felt the lecture was something of a disappointment because he had hoped to hear how learning disabled students can enter the legal profession without feeling intimidated or uncomfortable. In response to a final question, Judge Gallet spoke passionately of the juvenile court system's inability to deal with children who have learning disabilities. As the judge pointed out, over 90% of the children convicted in his courtroom read two years below grade level, and 35% of juvenile delinquents have undiagnosed learning disabilities (as opposed to 10% in the population at large). Judge Gallet considered it "shortsighted" to continue to fund prison construction when the real problem is the inability of the educational system to properly diagnose and instruct learning disabled students. As Judge Gallet made clear, increased sensitivity on the part of individuals is the key to a better understanding of the problems of the learning disabled. The next step is for society as a whole. Institutions must be reshaped in order to make them more sensitive to the needs of learning disabled people. ALL LAW STUDENTS DISORIENTATION PARTY At MOLLY'S PUB 3199 Main Street Friday — May 12, 1989 9:00 p.m. ? - FREE Beer & Food & Drink Specials with Law Student I.D. Sponsored by the Orientation '88 Committee with Proceeds of the T-Shirt Sale. �JSLA Hosts Israel-Palestinian Conference Amidst growing concern for problems plaguing the Middle East, the Jewish Law Students Association hosted a panel discussion last Thursday mediated by Channel 2's (WGRZ) Richard Kellman. The panel consisted of Harry Kosansky, Executive Director of the Jewish Federation of Greater Buffalo; Rabbi Shay Mintz, Director of the Hillel Foundation; and Professor Russell Stone, Department of Sociology, S.U.N.Y. Buffalo. The panel focused on salient issues facing Israelis and Palestinians in the occupied territories. by Eric Katz Staff Writer All three speakers tended to agree that the problems facing the nation of Israel are both complex and disturbing: Israel's problems do not begin and end with the Palestinian question, making it a multifaceted dilemma with global ramifications for all involved. Theformat of the evening was an opening statement from each panel member, followed by questions by Mr. Kellman. After this initial orientation to the various aspects of the current predicament, the audience, which filled room 106, had its turn to ask questions and comment on the speakers.All in attendance responded in the affirmative when asked by Mr. Kellman if the evening was time well spent and educational. The first to speak was Rabbi Mintz. Mintz, a native of the area in controversy, gave his views concerning both the emotional historical aspect of the problem as well as the current dilemma. He spoke about the difficulty of pointing to the Palestinians as Israel's problem. "Any sol- ution has to be found in concert with the neighboring Arab nations; to say Israel has a problem with just the Palestinians is not fair; the problem did not start in December of 1987." He believes that a solution will take time, based on the fact that all nations in the area must be involved, but that peace will come. Rabbi Mintz pointed to the first step taken some ten years ago, when Israel gave back the Sinai in an effort to promote peace, during the Camp David Accord. Mintz commented on Arafat and the PLO. "The latest PLO efforts did not go far enough, and if there is a follow up to these pronouncements, everyone will feel much better. I need more concrete proof, than simply one speech on Arafat's part before I can accept his changed heart. His previous actions demand more than one speech. There is a need for a greater demonstration of sincerity." Many in the audience could not understand this line of thinking; however, when faced with the facts that over the years the PLO have murdered thousands of innocent Israelis, this mode of thinking is not off kilt. Mintz concluded that "As long as there is dialogue there is hope." Professor Stone asserted that "there is not going to be a resolution to the problem, but that there will be change. A turning point from the beginning of a problem that started over twenty years ago." Stone, a recent visitor to the area for a book he is writing, commented that the standard of living for Palestinians has improved under Israel. Stone said that Israel is dealing with its problem uniquely. Stating that "Israel is choosing not to deal with the problem in a lethal manner... Terrorism is part of Bowling Team Stays In Contention (Second Hand Love Revisited) by Jeff Markello and Gary Hall This semester your UB Law School Bowling Team, better known as Secondhand Love, has continued its eternal battle to dominate the College League that meets at Sheridan Lanes every Thursday night. The five person team of Peter Farrell, Gary Hall, Jeff Markello, Shawn Monfredo, and newly acquired Joe "Mad Dog" Militi is fighting to regain the #1 position that it held last semester. Toast Markello has improved his average to a 135 to give the team greater depth this semester. Mono Monfredo and Mad Dog both hold down averages of 138, while Arsenio Hall maintains a solid 140 average and captain Townsend leadsthe pack with a 151. As many as 4 of the team members bowl each week and they are proud to boast of the league high game of 810 pins between just 4 bowlers. While the team soared to a three-way tie for first place in last semester's competition, this semester has been more of a rebuilding period. The aforementioned statistics are impressive enough, but they do not nearly substitute for the euphoria associated with a season-long dominance of one's fellow competitors. As already noted, Secondhand Love has had a radical change in its roster from last semester. Our UB ten-pin heroes had to approach the game from a whole new angle when they lost the left-handed Chris "Noonan" Reo, and gained the southpaw Joe "Mad Dog" Militi. This change, while potentially catastrophic, allowed the team to tinker with many of the thousands of technical and strategic nuances that make up the gut-twisting game of bowling. There has been extensive experimentation with the team's order of play in an effort to maximize the psychological oppression of opponents, and at the same time minimize the likelihood of team members "choking" under the incredible pressure (sort of a mental Heimlich maneuver). Individual members have been adjusting such variables as fingernail length and shape, palm dryness, shoelace tightness, and beer consumption in an effort to develop for themselves the elusive combination of mental concentration and fluid physical grace that will bring consistent scores in the triple digit range. the price Israel has to pay, the Intifada is coming from a large population, but muted enough so that anti-terrorist actions don't seem justified. That's why the problem is unique and serious." The last election in Israel ended in a party split and a weakening of all political parties. 54% of the Israelis believe that the country should negotiate with the Palestinians. However, only 35% believed that these negotitions should encompass the PLO. Kosansky has no trouble in accepting the existence of a politically active group, simply because "reality demands it." Kosansky confirmed Stone's assessment of the method in which Israel has chosen to deal with the situation. "There are no moral dilemmas, the question is rules of the game. Israel is playing outside the rules of the world, because they are playing fairly. The actions of a few are wrong and must be corrected. If Israel was playing by the rules of the world, there would be no Intifada." The remainder of the evening was spent on questions by the audience and clarification on the points the speakers made. The evening served to orientate the law school community to the current situation and foster communication with various groups within our own community. Even though we are thousands of miles away, our colloquy can breed ideas and therefore the potential for change. The Jewish Law Student Association concluded its 1989 speaker series, Monday with Soviet Refusnik Yaakov Shaposhnikov. Desmond Moot Court Board Host To Spring Conference by Gary Hall One of the major benefits to making the Moot Court Board in the fall is undoubtedly the opportunity to participate in one of the subject-specific Moot Court competitions hosted by law schools across the country in the Spring. SUNY at Buffalo attended many of these and made a fine showing of itself. While they may not be as eagerly anticipated as the "away" competitions, the competitions hosted here at UB are as important, if not more so, to the Board's reputation. UB hosted two such competitions this semester. The Albert R. Mugel Tax Competition was held March 1-4, and presented a fine field of competitors. This competition is run annually and exclusively by the UB Board. This year's problem centered around the tax status of jojoba plants. The competition was intense and the final round performances, by a team from the University of Cincinnati and ÜB's Shawn Griffin and Judee Smolarek, were stellar. The Cincinnati team won the overall competition and Shawn Griffin won the best oralist award. SUNY at Buffalo also hosted a regional run off for the National Appellate Advocacy Competition on March 17-18, 1989. This competition is sponsored by the American Bar Association, and the regional determine who gets to go to the finals in July (in Washington, DC this year). While the field of competitors in this year's NAAC was smaller than that of the Mugel, the level of oral advocacy skill exhibited was just as high. This year was the last year that these regionals would be without a brief requirement, bringing this competition in line with most, if not all, of the other competitions held in the Spring. While the Mugel is organized and run by the Assistant Director of the Moot Court Board, using any and all second and third year members who have time to help, the NAAC is left exclusively to second year board members. This allows those who are involved to get a littlepractice for running the in house Desmond competition in theFall while the thirdyear board members are still around to give advice. This year, Albany Law School triumphed over Touro Law School in the NAAC final round. Some may call this obsessive quest for perfection too extreme for a game played in polyester, but in a league that is often secretly used as a practice ground forthe Pro Bowlers Tour, Secondhand Love has had some truly remarkable results. No less than three times this semester the team has managed to lose games by one point (ONE *%s!@ POINT!!!), and has battled to the lofty record of 16 wins and 16 losses. With two full weeks to go these one-armed bandits are poised to steal the lead from any weak and unsuspectii team that thinks it can coast for the n of the season. It is a little too early to celebrate victory without appearing tacky. Rest assured however, that thesefive icons ofUB athletic prowess, armed with nothing more than silly shoes, 16 pounds of urethane around a hard rubber core, and ironwilled determination, will be making a blood-curdling banzai charge on bowling greatness in the next few weeks. Captain Townsend, Mono Monfredo, Mad Dog Militi, Arsenio Hall; Seated: Toast Markello. Ist Row: Treasurer Jeff Markello, Asst. Director Leah Ranke, Director Gary Hall; 2nd Row: Competitions Director Niki Moumoulidis, Secretary Cristina Beringer. Congratulations to the new Moot Court Executive Board and those elected to the Order of Barristers! They are: Order of Barristers Tricia Babajane, Robert Boreanaz, Siu Lin Chan, Suzanne Garvey, Timothy Greenan, Maryjo Raczka, Joseph Rizzo, Judee Smolarek Executive Board Gary Hall: Director Leah Ranke: Asst. Director Niki Moumoulidis: Comp. Director Cristina Beringer: Secretary Jeffrey Markello: Treasurer Good luck to all from the outgoing Executive Board: Timothy Greenan, Director; Maryjo Raczka, Asst. Director; Robert Boreanaz, Comp. Director; Suzanne Garvey, Secretary; and Joseph Rizzo, Treasurer. April 26, 1989 The Opinion 11 �IN THE NORTHEAST UNITED STATES MORE LAW SCHOOL GRADUATES JP*9 MP^M TAKE V?S?fl?T?t THAN TAKE ALL OTHER BAR REVIEW COURSES P if tttTnpmj_....- .— :;* ' r #.!*" The Nation's Largest And Most Successful Bar Review. Ul*y7Y(T(Zt) 160 Commonwealth Aye.. Ftoston, Ma. 021 lfi (617) 137 1171 415 Seventh Aye, SteG2, New York, N.Y. 02116 (212)594-3696 (201)623-3363 (203)724-3910 12 The Opinion April 26, 1989 ; � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-04-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/26/1989 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6f2a765b323b0ebf5690aa2fd722fc9a.pdf 95705a738100797c17bdb956a29b98fe PDF Text Text SBA Election Issue PreCasidnednidt altes SBA Elections will be held in front of the Law Library on Wednesday April 12 and Thursday April 13. Please don't forget to exercise your right to vote. the UB law student body feels they are not welcome to use our school's recruit- ing facilities. Student Course And 2. SCATE Teacher Evaluation publication. Let's face it the faculty-provided course descripIf elected as SBA President, I would tions and the informal student informawork next year toward accomplishing tion network only go so far. What is needed is an institutionalized method of four primary goals: embody the positive JAG student opinions about courses I Corps collecting 1. progressive energy at UB Law and I am and teachers and providing these opinnot afraid to stand up strong against preions to other students before they regisJAG, until Therefore, feel that the ter. As project director of a similar underjudice. I they reform their policies, are taking at SUNY-Cortland in 1985,1 realize homophobes, and, as such, are abhorrent how easy, inexpensive, and informative and should be aggressively informed that they can be. Also, I know I have the re(See BICKEL, page 4) Oliver Bickel — — — Volume 29, No. 13 Ivan Khoury Chris Reo Ivan Khoury, the current Student Bar Association Vice President, requests your vote for the office of President. Ivan knows what it takes to make a difference; his two years of service as SBA First Year Director and as Vice President make him the logical choice for the job. Ivan calls for an end to narrow-mindedness, bigotry, and prejudice; he wants to make the law school a more harmonious learning environment. This is Ivan's plan. Ivan will strive to end stereotypes, and the fear of stigma and discrimination faced by those with different views. This can best be done by (See KHOURY, Page 4) As a Class Director and active student member, I have seen many of our strengths as well as weaknesses. I want to be your next Student Bar Association President because I feel it is essential for UB Law to continue in its current activist direction. This sense of activism doesn't just include involvement in social issues, but encompasses a stronger role in shaping our formal educational environment, a greater emphasis on social activities, and a louder voice within the community around us. My sincere convictions to this student body have allowed me to act in a variety (See REO, Page 4) THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 12, 1989 Kinoy Brings Constitutional Law to Life On March 9th, civil rights activist Arthur Kinoy gave an emotional and inspirational talk on being a "people's lawyer fighting constitutional struggles." The speech, sponsored by several law students' groups, dealt both with "what our responsibilities are as legal folk," and what Kinoy termed "the current constitutional crisis." Mr. Kinoy's lecture, which wove together strands of legal history, personal experiences and current events, was part education, part consciousness raising, and definitely a call to arms. By Alexei Schacht News Editor Kinoy discussed how"three things happened in the development of the present term of the Supreme Court" that, when looked at in proper historical context, showed the existence of an "overall conspiracy" in the "power structure" to weaken Americans' civil rights. The "City of Richmond" case, which came down last term, held a "minority set aside" program to be unconstitutional. Also last term, the Court ordered reargument, even though neither party to the action requested it, in Patterson v. MaClean Credit Union. Kinoy is fearful that the Court, in Patterson, may overrule, or weaken, the Runyon v. McCrary doctrine which allows that "private people are bound by the constitution" and may be sued, under 42 U.S.C. section 1981, for "private" acts of discrimination. Section 1981, and the other so-called "Radical Reconstruction" statutes, were temporarily abandoned after the Hayes- Tilden Compromise, or, as Kinoy called it, the "Betrayal of 1877." Kinoy contended that Patterson and the "Richmond" case amountto a "conscious plan to create a new 1877." In this regard, he recommended that everyone read the "most powerful and important opinions in American constitutional law" —the first Justice Harlan's dissents in Plessy v. Ferguson and "The 1883 Civil Rights Cases." The third portentous recent development cited by Kinoy was the Solictor General's filing of briefs seeking an overruling of Roe v. Wade. Kinoy then asked, "where did this conscious plan to weaken, if not deny, if not abandon" civil rights come from? His answer, though somewhat cryptic, seemed to be that there has been a loose conspi- Judge Curtin Receives Jaeckle Award U.S. District Judge John T. Curtin, a UB law alumnus, has received the 1989 Edwin F. Jaeckle Award. It is the highest honor given by the Faculty of Law and Jurisprudence. The Award was presented by UB President Steven B. Sample at a luncheon during the 13th Annual Alumni Convention. by Bruce Brown Staff Writer An alumnus of Canisius College and a 1949 graduate of UB Law School, Judge Curtin recently stepped aside after a fourteen year tenure as chief judge for the Western District of New York. Although he no longer manages the court's administrative tasks, the Judge is quite active and he continues to handle a full caseload. Judge Curtin is well known for having shaped civil rights in Buffalo. His patient and sensitive handling of Buffalo's school desegregation case led to the establishment of the nationally renowned magnet school program and his decisions regarding affirmative action in the hiring of blacks, Hispanics, and women with the Buffalo police and fire departments have resulted in a radical change in city hiring practices. During his acceptance speech, the Judge praised the University and recommended that law students read the decisions of Justice Cardozo. He noted that the Supreme Court's venerable Justice Brennan was influenced by Cardozo, whom he feels "awakened America to the human qualities of the judicial process." He noted that during Cardozo's time a Judge was thought to be no more than a pharmacist mechanically dispensing remedies. Brennan, he said, believes that the human experience is an essential element in any determination of such fundamental concepts as due process, equal protection and reasonable doubt. The Judge concludedthat the Constitution demands a full measure of all our human capacities and that efficiency concerns, though valid, can lead people to push for a mechanical process. The right to a trial by jury, he said, is equally important and "we must insist that the human equation is not omitted." Dean David Filvaroff said that the Law School and its alumni are honored by Judge Curtin's acceptance of the Jaeckle Award. The Judge, he said, holds the widest possible respect not only within theLaw School, but within the legal community as well. The annual award is named for UB Law School Alumnus Edwin F. Jaeckle, class of 1915. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and the legal profession. (See JAECKLE AWARD, Page 7) racy at the highest levels of American government to prevent a "unity in the community" that will threaten the conspirators' lock on power. Kinoy arrived at this conclusion by going through a fascinating discussion of: his experience representing members of the "Chicago 7," the Iran/Contra affair, and some of the relationships between the two historical incidents. Kinoy claimed that the so-called "Mitchell affidavit" of the Nixon era has been a precedent for the Reagan/Bush forces in their attempts to weaken Americans' constitutional rights. Kinoy had to fight the "Mitchell affidavit," which said that the President had the inherent power to suspend the 4th Amendment and to order warrantless wiretaps, in his defense of the "Chicago 7." Kinoy cited a surprisingly underreported Federal Emergency Management Organization, or "FEMOR," planasshocking evidence of the government's attempts at rolling back civil rights. The FEMOR is a government organization that's purpose is to stabilize the country in case of a "national emergency." Kinoy told the story of how the Miami Herald reported that Oliver North, while working (See KINOY, Page 5) HIGHLIGHTS Statements from the rest of the pgs. 4, 5 SBA officer candidates Environmentalist Barry Commoner spoke before 500 people in March .. pg. 5 Barbara Hoffman talks on public art and free speech in the last installment of the "Art and . pg. 9 the Law" lecture series �This Summer, the PIEPER BAR REVIEW will be conducting a tape course in the following NEW locations: CANARSIE, BROOKLYN CENTRAL PARK WEST (at 64th Street) STONYBROOK, SUFFOLK COUNTY Seating is limited. If you desire to sit at any of these locations, contact the PIEPER office at your earliest opportunity. Other PIEPER Tape locations: NEW YORK CITY-Downtown, NASSAU, WESTCHESTER, ALBANY, BOSTON, BUFFALO, NEWARK, PHILADELPHIA, SUFFOLK-HUNTINGTON, WASHINGTON, D.C, SYRACUSE, QUEENS, BRIDGEPORT PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, NEW YORK 11501 (516) 747-4311 2 The Opinion April 12, 1989 �Copyright Law Supreme Court During the last week in March the U.S. Supreme Court heard arguments in an important copyright case. Community for Creative Non-Violence v. Reid, (CCNV V. Reid), 846 F 2d. 1485 (D.C. Cir. 1988) hopefully will resolve a conflict among the Circuits regarding the "work made for hire" doctrine as found in the Copyright Act of 1976 (1976 Act), 17 U.S.C.A. §101(2). "Work For Hire" In The Statutes Prior to the 1976 act there was no statutory definition of "work for hire." The Copyright Act of 1909 (1909 Act) made ToDecide Important "Work for Hire"Issues the employer the author and the owner of a copyright for a "work made for hire" but no definition of work for hire was given. By Donna Crumlish Managing Editor Consequently the definition was found in case law and the broad doctrine of "you pay for it, you own it" was eventually developed. There were many problems with the applications of this doctrine because Local Attorneys Square Off With Police On Brutality On Tuesday, March 14, the National Lawyers Guild presented a panel discussion on police brutality in Buffalo. The Panel consisted of Lieutenant Richard Nigro, Director of the Internal Affairs Department, BPD, Lieutenant Margaret Malkiewicz, BPD, Cress ONeill, Esq., local NYCLU lawyer, Robert Drewer, Esq., local attorney, and David Jay, Esq., local attorney. LeeAnn Lahren moderated the discussion which took place in O'Brian 109. by Jim Monroe Staff Writer The initial argument revolved around the nature ofany problem that might exist in Buffalo. Lt. Malkiewitz and Lt. Nigro explained that they had not actually witnessed any incidents of police brutality in Buffalo, but conceded that a few cases may have occurred. Lt. Malkiewicz clarified that point by stating that she had never witnessed, "anyone brutalized for no reason" and that, "people don't usually see the surrounding circumstances." When Lt. Malkiewicz was asked what surrounding circumstances would justify a beating shestated that, "when an officer asks you to put your hands behind your head that is no time to ask for her badge number. I'm (an officer) going to expect full cooperation and anything else is resisting arrest. Your time to question the actions of a police officer come in court not in the streets. We can't be accountable for every action taken by every officer to subdue a person being arrested." Both Jay and Drewer, local attorneys working on some of the alleged incidents of brutality, stated that there is never a good time to ask an officer for her badge number. Their advice was to keep your (an arrestee or potential arrestee) mouth shut and do whatever the officer tells you. All the members of the panel had differing views on what constituted brutality. Drewer said that, "every dehumanizing event is an outrage against society." Jay agreed and said that even charging someone with resisting arrest or any other crime that they didn't commit was police brutality. Lt. Nigro, the Internal Affairs chief, said, "you'd better be hospitalized or it won't be considered brutality by our department." Lt. Nigro went further and said that there was no judge in the city who would convict a cop for a beating during an arrest and that there is now a bigger problem in Buffalo than police brutaiity. "We cocaine, got policemen selling drugs that's our big problem now!" Jay said, "Isn't it funny they see cops selling drugs, but no one ever sees a beating." Lt. Nigro finally admitted that there are some Buffalo Police Department statistics that indicate a rise in police brutality cases and that there may be a serious problem with a small group of officers. Attorneys Drewer and Cress O'Neill pressed Nigro for details and said that their offices had been trying to get this information for months. In 1988 therewere 58 verbal abuse complaints to the police department and 51 physical abuse complaints. Of the verbal abuse complaints, six were convicted of resisting arrest and 34 failed to pursue — — the complaint further. Of the physical abuse complaints, 45 were unfounded by Internal Affairs standards and six were inconclusive by Internal Affairs standards. No details were given on the remaining verbal abuse complaints. Lt. Nigro said that the big problem with the Internal Affairs department was ineffectives; the city gives them very little manpower and very little money. They must prioritize and they have an antiquated records system. Heconcluded that the Buffalo Police Department really doesn't want an efficient Internal Affairs department and that, because he takes heat from the public and the police, "I'm (Lt. Nigro) nobody's sweetheart." NYCLU attorney Cress O'Neill and Martin Coleman (a law student in the audience), suggested that Buffalo engage a civilian review board modeled after the one in Berkley California to investigate brutality and make recommendations. Jay balked at this idea and said that any citizens review board would automatically become a political football. Mr. Jay, who is presently involved in litigation concerning these cases said that the problem exists because only a few lawyers in town will touch these cases. Most brutality happens to people who are vulnerable by being indigent. The overwhelming majority of attorneys here won't take a case without a retainer. "Additionally, many of those charged cannot afford a criminal record and will accept the Adjudication in Contemplation of Dismissal (ACD) when it is offered to them. The ACD deal offers an instant release in exchangefor a contractual obligation not to sue the city for the arrest and subsequent incarceration," Jay said. Attorney Jay also stated that the present system is no good. "The city administration is doing nothing to abate this problem and the Police Department cannot have one unit investigate another without conflicts of interest." Robert Drewer and Cress O'Neill pointed out that the Internal Affairs complaint system is heavily weighted against complaintants. First the Department will not let a brutalized individual make a complaint without an attorney. Cress stated that supposedly this was to insure against self-incrimination, but that the effect was to eliminate many solid cases before they ever got started. Drewer stated that the next problem arises because, "we have no way of finding out what the dispositions of the cases taken by the Internal Affairs department are because the hearings are secret and no records are kept." Mr. Drewer and Ms. O'Neill reiterated that the numbers of cases that their offices are getting are increasing and that the severity of the brutality is ever worsening. Many members of the audience attempted to tell tales of personal experiences at this point and LeeAnn had to call for order. Nearthe end of thediscussion the audience began to ask pointed questions to Lts. Nigro and Malkiewicz concerning the actions taken by certain officers in the past. Lt. Nigro stated that, "although isolated incidents do occur, maybe the problem doesn't exist as the community perceives it to exist." . many parties who had commissioned work from independent contractors were automatically termed employers by the Courts and as such were authors of the copyright under the 1909 Act. ". it mattered little, if at all, that thecommissioner neither possessed nor exercised the right to direct the manner in which the work was done." Brunswich Beacon, Inc. v. Shcock-Hopchas Publishing Co., 810 F.2d 410,412 (4th Cir. 1987). The 1976Act made a definite distinction between "works made for hire" in an employment context and "works made for hire" which had been commissioned from independent contractors. The "work for hire" provisions of the 1976 Act define a "work made for hire" as "a work prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned" within nine categories "if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire." Judicial Interpretation Although these provisions seem simple there have been conflicting interpretations. The Fifth Circuit adopted what is termed a literal interpretation in Easter Seals Society v. Playboy Enterprises, 815 F.2d 323 (sth Cir. 1987). The literal interpretation holds that a work is made for hire under the first part of the definition only if created by aformal employee or employee under agency principles. Under the second part of the definition, work made by an independent contractor is made for hire only if it falls into one of the nine specific categories set forth and it is agreed to in writing. (Goldberg et. al, "Judicial Developments in Literary and Artistic Property" Journal of the Copyright Society of the USA, July 1988) A lesser used interpretation of the "work for hire" doctrine is the conservative interpretation. Under the conservative interpretation, if the work was undertaken at the expense of the buyer and the buyer has a right to control the work then the buyer is the employer within the meaning of the first part of 101 of the 1976 Act, regardless of the seller's status as employee or independent contractors. The nine categories in the second part of the definition only serve as exceptions to the old case law. (Laurence H. Recce 111, "The Work for Hire Doctrine: A Trap for the Unwary Company," The National Law Journal, April 3, 1989, p. 40) The third interpretation is known as the "sufficiently supervised and directed interpretation or the Aldon Accessories compromise." The Court of Appeals in Aldon Accessories Ltd. v. Spiegel, Inc., 738 F.2d. 548 (2nd Cir. 1984), came to the conclusion that if there is requisite supervision and control, the commissioning party is the sole owner of the copyright. CCNV v. Reid The Court of Appeals in CommunityFor Creative Non-Violence v. Reid, adopted the Fifth Circuit's literal interpretation of the "work for hire" doctrine. Thefacts of the case are as follows. The A 0/\y Community For Creative Non-Violence is a Washington D.C. based group which works for rights and recognition of the homeless. In 1985, the group conceived of an idea for a sculpture to be displayed in the annual Christmas Pageant of Peace, in D.C. CCNV contracted Baltimore sculptor James Earl Reid to create part of the sculpture and agreed to pay him $15,000 for material; Reid agreed to donate his services. The scene that CCNV asked Reid to depict was that of, what it termed, a modern nativity scene. The sculpture would be of a homeless family of three leaning over a steam grate, with all of their belongings in a shopping cart. Reid was responsible for casting the family and the shopping cart and CCNV was to take care of the steam grate. Reid completed the sculpture as promised and it was displayed in the pageant. After the pageant, CCNV returned the sculpture to Reid so that he could repair some damage that had occurred on its first transitfrom Baltimore to Washington D.C. CCNV then decided that it wanted to take the sculpture on tour. Reid refused to return the sculpture because he felt the material it was made of could not withstand all the travel required on the tour. In March 1986 CCNV asked Reid to return the sculpture but he refused and he thereafter filed a certificate of copyright registration forthe sculpture in his name. CCNV filed a competing certificate of copyright registration in May and in June commenced litgation. The District Court ordered Reid to return the sculpture and declare that the sculpture was a "work made for hire." The Court of Appeals reversed reasoning that Reid was an independent contractor and not an employee. Hence, his sculpture could not be a "work for hire" since it did not fit into one of the nine categories and the parties had not agreed that it was a "work for hire" in writing beforehand. It should be noted that the actual ownership of the sculpture is not in controversy, only the copyright in the sculpture. CCNV is the owner of the sculpture since they paid Reid the agreed price of $15,000. Effect of The Supreme Court Decision This case has attracted attention from all sectors. Time-Life and IBM are paying forthe appeal for CCNV and over 40 artists groups and individuals are paying forthe appeal on Reid's side. The Supreme Court's decision will have the most noted impact on independent contractors. If the Court adopts the literal interpretation, parties who commission works will have to be careful to address copyright issues in their agreements with contractors. This will have a large effect in the area of computer software. Many large companies hire programmers on a project basis and under the literal interpretation they would give up the copyright in the program that is designed to the programmer, unless specified in writing, because computer programs are not in one of the nine categories of §101. PLEDGE DRIVE APRIL 17 -21 7P\ \&iWfc I )\ PLEASE GIVE!!! Sponsored by BPILP April 12,1989 The Opinion 3 �SBA Election Bickel Cont. from page I quired knowledge and leadership to carry the project to completion. 3. Student-Faculty Joint Commission on Exploring Creative Ways of Expanding — UB Law's Public Service Commitment. this commission is urgently necessary given the recent application process for the faculty sponsored Public Service Internship Program. Approximately 50 applications were received for 6 or 7 positions! An obvious need exists for expansion of public service opportunities for our student body. The joint commission would try to combine the knowledge and experience of the UB Law faculty in such areas as fund-raising with the committed and progressive energies of the UB Law student body. The result, hopefully, will be a rejuvenated, school-wide commitment toward this very worthwhile effort. 4. Student-Faculty Joint Commission on the Future of UB Law School UB Law has a national reputation for being "unique" and "special." However, a definition of these concepts is certainly wanting. The Joint Commission will fundamentally address the questions of: a). What is itabout UB Law that gives it its "unique" and "special" national characterization? b). How can the Law School use the positive attributes of this characterization to enhance thenational reputation of our Law School? A more nationally respected law school, which is the ultimate end of this endeavor, impacts each and every student in fundamental ways. It not only gives the school an identity that students can be proud of, but it also helps immensely in the recruiting game as well. In deciding whether to vote for me, please consider that: I feel — 1. I have experience. I have served as a student senator at SUNY-Cortland and as a graduate student senator at SUNYBinghamton. While at Cortland, I was recipient of the highest public service-based award which the Cortland College Student Association (CCSA) bestows. Also, I hold a Masters Degree in Public Administration from SUNY-Binghamton, a degree which I feel is directly applicable to the position I am running for. 2. I will not insultyour intelligence with cutesy, meaningless campaign tactics. Khoury Cont. from page I providing a medium for the exchange of ideas, so that debates and exchanges of information replace fanaticism and misconception. Being a diverse individual, Ivan knows that variety and contrast are what make well rounded individuals. Thus, there should be more student input on all the functions and policies brought forth by the SBA. This is of primary importance because the legitimacy, validity, and effectiveness of the SBA is only accomplished to the extent that it encompasses the views of the entire student body. Once elected Ivan will utilize his efforts and your input to ensure that the interests of all students are represented. Ivan is a candidate concerned about the pressing problems of the law school; he is not one to make excuses or rationalizations for the shortcomings of Student Bar Association policy. Ivan will be an active President; he sees the need for the establishment of two grievance committees. One committee would deal with grievances dealing with Student Bar Association policy and the other with faculty/administration policy. There is also the need to expand the support services for students, e.g., expanding the role of the peer advisement program. Furthermore, clubs should be given incentives to co-sponsor events and organize events that will allot recognition to the law school. Similar to the new administration, our student body has had to deal with many different situations that have not always been satisfactorily resolved. However, there are situations that can be easily remedied. One situation is the lack of notice acccorded to students desirous to interview for committees, and Student Bar Association appointed positions. Others include the need to stimulate greater student body involvement in Student Bar Association policy, and greater interaction with other representative bodies of the university community. Ivan is the obvious choicefor president; he is your current president in charge of vice, and has working experience with student representatives and faculty. Ivan does not claim to have all the answers, but he is committed to making the Student Bar Association the advocacy voice it can be. Ivan is cognizant of the demands of the job and looks forward to the new responsibilities the job entails. Reo Cont. from page 1 as representing you of capacities. As well as a Class Director for two years, I have been a member of the Special Needs and Social Committees and have acted as the SBA Parliamentarian. I am a member of the Buffalo Environmental Law Society and am on the Editorial Board of In The Public Interest. I have also represented the interests of the Law School at national conferences as the American Bar Association Representative. These experiences have provided me with insight and knowledge with regards to the directionI believe the SBA should move towards in the future. t^^ One of the foremost duties of the SBA President is to ensure that our educational needs are met. Over the past two years, I have consistently supported and assisted in efforts aimed at ending all forms of discrimination within the Law School as well as those that ensure equal accessibility. As your President, I will continue to act towards promoting equality and justice within the Law School. The SBA must also work in a number of other areas of student concern. First, there must exist sufficient room to study for finals in the law library. Second, we must have our own financial aid office which is adequately funded and personned. Third, the unwritten policy allowing Professors to submit grades months after exams are over must end. Finally, we must continue efforts to attain a real student lounge. These are only some of the many battles that the SBA must fight for in the coming year. The social milieu of the school must also be expanded upon. The SBA must bring students together outside the classroom, and in touch with the local community, faculty and alumni. Strengthened relations with these groups can only serve our best interests. I would promote a variety of events to be held in conjunction with the various student groups. Parties, a brown bag lunch series, debates, and speakers are all avenues in which the SBA has the resources to organize student and community support. Over the course of the past two years, have diligently worked to promote the I interests of the students at this school. If elected, I will continue to listen to and advocate your view, and will fight for our needs as students. I am willing to devote my energies towards promoting a Law School that is both intellectually and socially active. VicePresidential Candidates We must actively seek additional funding to become a visible force in the com- Jim Monroe Judith Phillips Hello, my name is Judith J. Phillips and I'm running for SBA Vice President. I'm a second year student, who like most of you, struggled through first year. As Vice President, I would like to make a positive contribution to the quality of life for all law students. First, the composition of the student body is changing and our responses to student needs must also change. We are in desperate need of an area designated for recuperation while on campus; an area that may also serve as a stimulus for intellectual discourse in other words, the student lounge that we've been promised. — We must also meet the needs of students with young children by providing options with respect to child care. . Second, we are in desperate need of a somefull time financial aid advisor. one whose duties include advising students of other sources of funds aside from loans. A full time advisor can help alleviate some of the financial stress for students whose only source of income is financial aid. Third, we can hope to achieve more cohesive student activities such as cosponsorship of events and activities that would bring recognition to the law school and enhance our education. 4 The Opinion April 12, 1989 The SBA is thevoice of the studentbody and must work to provide for the immediate needs and the long-term goals of law school students. Any improvements that will be made will only be done through persistent effort and commitment. In the past eight months I have demonstrated my ability to organize, communicate, build coalitions and change policy at the same time keeping up with the curriculum. I plan to continue to work hard on many issues as SBA vice-president and to implement policy deliberately and evenhandedly. I realize that there are many views other than my own and that these views are a significant contribution to the vitality of this school. I have been working with established groups toward goals that represent the will of a large cross section of the student body. Many of these goals have been expressed by the first year students regarding alternative ways to facilitate Research and Writing, getting a laser printer for the sth floor A.V., getting a real student lounge instead of the two dark, little alcoves on the first and fourth floors, and re-evaluating the grading system. I personally see many other projects and problems that need attention as well. It has been my observation that the law school has to beg for resources and funds from Capen. I see disparities between the significance of the law school and the resources allocated the University. munity, the University as a whole and in the SUNY system. I plan to represent us on all these levels. The law school can broaden its influence and provide a better legal curriculum by providing more clinical trr.ining. Additionally, we can get the law school a seat on the Faculty Student Association which makes all the decisions on how to spend food service and food service related funds. This is a multi-million dollar operation and has five student seats. I have recently worked with Walter Simpson, the Director of the UB Energy Program, to eliminate excess plastics and styrofoam from the FSA waste stream. I have attended every single FSA subcommittee meeting and general meeting on these issues and feel that a permanent Law School representative has a lot to offer. I have developed a working relationship with undergraduate student government and leaders working with the Black Student Union and the Coalition Against Bias Related Violence on South Africa Day. In a related campaign, we formed a University-wide coalition to deal with the non-existent discrimination policy in regard to campus recruiting. Additionally, I have developed contacts with members of the Pinnacle party which won the recent Student Senate elections. Within the law school itself, I am responsible forthe recycling bins in the mail room, the Faculty Lounge and in the fifth floor A.V. I've supported the Association of Women Law Students on the March on Washington and participated in the Prochoice escort service. I helped bring Barry Commoner here and am working on bringing an environmental law clinic to ÜB. I also support the International Law Society's project to fund a journal. I've interviewed and evaluated every faculty candidate offered us this year. I'm on the Academic Standards Committee with Lee Albert and Isabel Marcus. I reg- ularly attend SBA meetings and have learned how Greg Vinal (the SBA treasurer) and the Sub-Board treasury system work. I am a candidate of leadership, and hard work, not a candidate of unenlightened self interest. I will bring an even-handed policy approach to the SBA and will take this position seriously. Most importantly, I will be accessible, not just to a small circle of friends, but to every law school student. I will listen. Nidhi Kapoor Take a moment to vote for the Student Bar Association Executive Board today and tomorrow in front of the library. While you are at the ballots consider Nidhi Kapoor for Vice President. As a present Student Bar Association director I have the requisite knowledge and experience to fulfill the goals of the Association. The Student Bar Association has accomplished an ample amount this semester such as the reacquisition of the student lounge, a second part time financial aid officer, and additional safety measures being installed in the basement. I will be able to draw from these experiences thereby increasing my effectiveness as a member of the Executive Board. Additionally, my previous experience will facilitate in running efficient and substantive meetings, complying with procedures and assisting the students. (See KAPOOR, Page 5) �Vice Presidential Candidates (continued) Kapoor Cont. from page 4 As a director I have also become aware of certain flaws in the Body itself that must be remedied. There seems to be a communication gap between the SBA and what the students want. The only remedy for this is for students to come to some meetings and take it upon themselves to convey their dissatisfactions. In turn we would know that a problem exists and needs to be addressed. Additionally many people seem to be uninformed of what actually goes on every meeting. To remedy this I would write a periodic article in The Opinion to update the students. The key is that if we want things done for the Law School as a whole we all need to get involved. The first step to involvement is for you to get out there and vote. Thanks. SBA Election law students. Occupying the position of secretary requires commitment, integrity and dependability I possess all three. As secretary of SBA, I pledge to: Increase students' awareness of upcoming activities. Coordinate social events that are accessible to all students. I urge all students to come out and vote for a dependable and committed secre- — • • tary. But, most importantly, I want to be your next Secretary of the SBA because □ I wanttobethegreatcommunicator between the law students and the SBA □ I wantyoutotell meyour problems orsuggestions (or praise!) of the law school, and I want to be able to convey them to the SBA □ I want to keep you informed of the most recent SBA developments and activities that they have planned for you |7] All of the above. Remember to vote: OWENDY URTEL for Secretary of the SBA! Treasurer Candidates! Wendy Urtel Secr Candideattaesry I want to be your next: □ Secretary of Defense □ Secretary of Interior Valda Ricks Becoming secretary of the Student Bar Association would further facilitate my commitment in serving the needs of all 0 Secretary of theStudent Bar Assn. am presently a qualified: I □ first year student and kind of cute 0 second year student and not bad 0 third year student and really hot. I am qualified to be your next Secretary of the SBA because 0 I have 19 years experience as an avid notetaker 0 I am an organizer, motivator, and very dependable 0 I have my own typewriter with correction key 0 All of the above. Taunya Hannibal Fellow law students, my name is Taunya Hannibal. I am running for SBA Treasurer. During my undergraduate education, I participated in several clubs. My freshman year I was elected trafficking officer for the campus radio station. I kept records of advertisements and rotated them daily. Sophomoreyear, my position in the station elevated to public service director. School and community organizations forwarded information on events and I put them into advertisement form. Also in that year, I helped coordinate school activities forthe Campus Programming Board. As a junior, I was elected treasurer for The LeVoyageurs, an outdoor club. I planned fund raisers. I kept receipts, deposited money and balanced the account. During the same semester, I was also elected secretary for the Zoological Society. My job entailed taking notes and keeping minutes. I booked activities on our calendar. As the student representative from the Zoological Society, I attended finance meeting frequently and learned how to prepare effective budget requests. The technique that proved successful in attaining a financial goal was to first aim high and then, compromise with the committee. My final year, I was elected as program director of the radio station. The position was equivalent to being a vice-president I created the music format, created a D.J. schedule and addressed questions at our weekly meetings. The LeVoyageur club again selected me as their treasurer. In law school, I am involved with editing the In The Public Interest law journal. I am a member of the National Lawyer's Guild, and currently hold the corresponding secretary position for the Entertainment Law Society. I was also selected for this year's student finance committee. I believe that an open-minded and honest attitude are attributes one needs if seeking the office of treasurer. I feel that my experiences quality me to become the SBA Treasurer. I ask you to vote for me. Thank you. Dr. Commoner Assails Federal Regulatory Agencies The solution to the problem of toxic waste pollution is simple: don't put toxins into the environment. This was the thrust of a speech given by noted environmentalist Dr. Barry Commoner.. Dr. Commoner delivered a lecture entitled "The State of the Environment" before approximately 500 people on March 13, in Knox Lecture Hall. Dr. Commoner was brought to the UB campus by a coalition of 22 school and community groups, including the Buffalo Environmental Law Society, the UB Recyclers, and the National Lawyers Guild. by Michael D. Gurwitz Staff Writer According to Dr. Commoner, 1988 marked a notable increase in the public's awareness of environmental problems. Medical waste washing up on beaches and global concern over the Greenhouse Effect are some of the most salient features of the sad state of the environment. Indeed, even President George Herbert Walker Bush is, in Dr. Commoner's words, a "reborn environmentalist." Such concern ought to be encouraging, but Dr. Commoner reminded the audience that the government embarked on a national clean-up program 20 years ago and has spent $10 billion since then, with pathetic results, for, as Dr. Commoner said: "Despite all of these efforts, we haven't made a dent in the environment if the waste washes up on the beach." Air Pollution Consider the 1970 Clean Air Act. It mandated a 90% reduction in pollution levels by 1977. If local governments did not meet that goal, they would lose federal funding. As of 1989, the average reduction of air-borne pollutants is only 14%, with one significant exception: lead. Lead levels are down by 90%, a direct result of federal regulations removing it from gasoline and other sources. As Dr. Commoner observed, the solution is simple: keep the pollutant out of the environment, and it won't be there. The same results can be found with water and land pollutants. A recent U.S. Geological survey of 350 water sites found that the pollution in 90% had either remained the same or increased since Risk Management go a variety of factors: 1975, but again, with a notable exception: the cost of regulating substance/product phosphate, which was the object of government regulations. Since the use of X, the cost of not regulating X (number DDT was prohibited, there has been an of deaths), and the potential earning power of the people whose lives are at 80% reduction in DDT pollution. These acThus, it is more cost-effective to stake. complishments prove that it is not scubthe lives of the rich (white males) protect converters, or other pollubers, catalytic than it is to protect the lives of the poor tion control measures that work, but pre(black females). vention. In line with such thinking, Dr. ComDr. Commoner condemned the use of moner suggested the following: tobacco standards, that stanpollution claiming is an $8.5 billion industry. The estimated dards guarantee that pollutant levels will cost of illness and death from smoking is never go lower, as polluters do not volun$100,000 per victim. Therefore, why not Standards, their standards. he tarily lower pay the tobacco industry $8.5 billion not said, justify polluting, as long as the levels are low enough. Dr. Commoner likened to produce tobacco. This would amount to $85,000 per life saved, or a $15,000 thisattitudeto "A return to medieval mensurplus per person a bargain! rewhen illness and death were tality, Private industry also came under fire garded as the price you pay for being alive." People, he said, see pollution this from Dr. Commoner. He claimed that when deciding whether to produce a new simply way, as in the Bhopal tragedy product, corporations take into account the price we pay for pesticides. only one criterion: profit. But these pri"Environmental pollution is an incuravate decisions have public effects, and, control doesn't work, preble disease contrary to popular belief, consumers do vention does," said Dr. Commoner. Using not have control over what is produced. smallpox as an example, he suggested Dr. Commoner spoke of the auto industry approaching pollution from a public as an example. case of health perspective. In the Prior to World War 11, cars did not prosmallpox, the goal was not to set a duce smog. After the war, Detroit prominimum standard, but total elimination. duced bigger cars, which required bigger, As a result, smallpox has been annihilated hotter engines. It was, and still is, these (with the exception of several specimens engines which cause oxygen and nitroreserved by the United States and Soviet Union bio-warfare labs, butthat's another gen to combine into nitrous oxide. When nitrous oxide is exposed to sunlight, it story). Most toxic dumpsites are located in becomes smog. Americans, said Dr. Compoor communities. There are a variety of moner, did not desire larger cars, but since it was more profitable to build and reasons for this, the most obvious being sell larger cars, that is what Detroit prothe greater political clout of the wealthy, and higher real estate prices. One just duced. In a related aside, Dr. Commoner said does not find a dumpsite in Beverly Hills that trucks use four times the amount of according to ComDr. or Scarsdale. But fuel to transport things than do trains, yet moner, there is another, insidious reason that the poor face greater pollution than the country switched from trains to trucks. Why? Ask the oil industry. the rich. It is a new academic discipline Turning to energy, Dr. Commoner called "Risk Management," and it evaluated both petrochemical and nuevaluates the benefits of pollution, and clear energy. Currently the petrochemical the risks to human lives, in dollars. industry is very economically productive, back Risk Management can be traced yet very environmentally destructive, as to an executive order issued by ex-Presievidenced by smog, the greenhouse efdent Reagan to the Office of Management fect, acid rain, ozone depletion, pesticide and Budget (OMB). In it, Reagan asked contamination, and other rewards of OMB to monitor standards pollutions the progress. Dr. Commoner suggested that set by the EPA in order to make them cost if the petrochemical companies had to effective in other words, get the most pay the bill for the tremendous costs of of lives saved per buck. Into the stewpot — .. — — their pollution, it would no longer be such a profitable industry. Ironically, the nuclear power industry is paying for the costs of its pollution, and suffering economically as a result. The costs of ever-increasing controls, dumpsites, cleanups, and more controls, have made nuclear power both a financial and environmental nightmare. Dr. Commoner offered solutions to many environmental problems. Aside from his basic axiom, prevention, not control, he spoke of ways that government and industry could combine efforts to the benefit of all. His case in point: in 1974, Ford invented a smogless engine. It was (See COMMONER, Page 11) Kinoy Conf. from pg. 7 for FEMOR in 1984, wrotea memorandum to President Reagan suggesting among otherthingsthat, in case substantial numbers of Americans object to an American invasion of another country, the President "shall suspend the Constitution and institute military government." That few Americans are aware of this incredible organization, and some of its plans, is cited by Kinoy as evidence of the power structure's ability to close ranks and prevent "the people" from finding out what its government is up to. Even when Representative Jack Brooks of Texas, a member of the House-Senate Iran/Contra Committee, tried to raise the FEMOR issue the Committee silenced him. Finally, in his moving call to arms, Professor Kinoy invoked the words of several eminently quotable Americans. In warning the audience to fight the "conspiracy" that he sees, Kinoy quoted ex-Louisiana Governor Huey Long as saying, "when Fascism comes to America it will come wrapped in the American flag." At the end of an exciting speech, which the printed word can not possibly do justice to, Professor Kinoy invoked Oliver Wendel Holmes who said, "those of you who aspire to greatness in the profession must immerse yourselves in the agonies of the times." Then, Kinoy himself, true to his youthful 69 years of age, concluded by saying, "if we meet the challenge, you will also find that it is a hell of a lot offun." April 12,1989 The Opinion 5 �opinion ifir STATE lINIVHRSITY OF NKW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 13 April 12, 1989 Editor-in-Chief: Daniel Ibarrondo Cruz Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Donna Crumlish AndrewCulbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Editorial Part of the reason why UB is unique is that its students donate substantial amounts of time to increasing the quality of life, both around the Law school and in the community. All of the student leaders and student organizations are to be commended on their significant accomplishments in developing programs to meet the needs of students, and the legal profession. However, there are critical student leadership positions in the Law School, which are occupied by students who devote an inordinate amount of time to increasing the quality of student life. These student leaders receive only a pat on the back (if the job is well done), or suffer criticism from students (if someone is dissatisfied). That's just part ofthe job. But the point is, that student leaders who are active do not receive ANY compensation for their endless hours of planning, organizing, and implementing activities. In fact, more often than not, student leaders in these positions are forced to bear the costs of their activism by forgoing jobs, rearranging their personal and professional lives, and even expending sums of money to cover expenses they would not have incurred had they remained apathetic. During the budget hearings on April 25, the SBA will consider whether or not certain critical student leadership positions should be stipended from the mandatory student fee monies. To that end, SBA will be sponsoring an opinion poll during the Executive elections to ascertain how you, the student body, feel about stipending certain positions. Other student organizations at UB stipend their student leaders and some "not insubstantially." To give you an idea of the extent to which other organizations have implemented stipends, consider the following. Graduate Student Association Pres., Vice-Pres., Treas., Secy. — $30007year for each office. (total $12,000) + full-time paid Secretary Student Association Pres., Vice-Pres., Treas. — $2000/year for each office Asst. Treas. — $1800/year Misc. Student stipends — ranging from $300-$llOO/year (total $12,000) Graduate Student Association Pres., Vice-Pres., Treas., Secy. — $3000/year for each office. (total $15,200) + 3 full-time Secretaries Millard Fillmore College Student Association Misc. Student stipends — ranging from $500-$BOOO/year. (total $24,000) As you can see, other student organizations believe that in order to receive quality leadership, there is some financial incentive involved. Admittedly, these student organizations have a much larger student body to serve, and have much larger student budgets. However, the fact remains that there is a penalty in becoming involved as a student leader when you compare the law school to our graduate counterparts. Staff: Ted Baecher, Bruce Brown, Lenny Cooper, Dennis Fordham Michael D. Gurwitz, Eric Katz, Jennifer Latham, Jim Monroe, Alice Patterson Contributors: Karen Comstock, Kimi King Copyright 1989. The Opinion, SBA. Any reproduction of mnlerials heroin is strictly prohibited without the express consent of the Editors. The Opinion is published evety two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non profit organization, third class postage entered at Buffalo. NY Editorial policy of 7/ie Opinion is determined collectively by the Editorial Board. The Opinion is funded hy SBA Irom Student Law Fees. 6 The Opinion April 12, 1989 The Opinion Mailbox: More on The Faculty Statement Gentlemen, I am responding to an article in the Opinion captioned "Students Claim that Faculty Statement Chills Conservative Speech" and dated March 15, 1989. The article alludes to a going backto a mentality two hundred years old, which is unacceptable to present day society. We have made such remarkable progress since then, and this law school should not be made the victim of retardation of that progress. Not even in the name and spirit of the constitutional privilege of free speech should such retrogression be allowed to occur. To the Editor of Opinion, I would like to comment on the letter by Messrs Wiencek and Majchrzak in the 15 March issue of Opinion, in which the students discussed the Law School's "dirty little secret" (the 2 Oct. 87 faculty resolution). I hope that it will give them some comfort to know that others have been attempting to get the Law School to take action on this resolution, though to this point, without success. My own efforts began 13 months ago and I have since that time spoken with or written to a number of Law School faculty and administrators. My own frustration boiled ove~r last month when I was told by Dean Albert, who had been appointed to head the committee investigating this resolution, that he had lost interest in it, that nothing would be done about it in the forseeable future, that he had many more important things to do, and that the entire matter had been put "on the back burner." Subsequently, I received a letter from Dean Filvaroff, which stated, in part: Though the matter has continued much longer than any of us would like, our committee is working on possible revisions to the statement; I cannot, at this juncture, give you specific time projections, but you should know that we share your view that the work go forward and be completed as soon as possible. It is, as you indicated, a matter of significance My long experience with the Law School in this matter leads me to regard the statement as an assurance that by the end of the century surely something will be done, and then only if the prodding is continuous. I can only urge law students, who are most affected by this statement, to continue the prodding, no matter how long it takes. Nevertheless, the statement affects all of us and the university in a way which terrifies me. I believe that the purpose of the resolution was to punish those whose views on a very wide and vaguely specified set of subjects do not coincide with those of the law faculty, and thus to silence most effectively those who might protest the social and political orthodoxies of the law faculty. I am certain that the law faculty believe very fervently in their social and political orthodoxies. Indeed every orthodoxy has believed fervently that its views are Truth and Righteousness in full armor, and that opposition, being of Hellish origin, may justly be silenced by any means at hand. I have always observed that the most vicious and bloody enforcers of orthodoxy have always basked in the sunny certainty that they have accomplished well the will of the Gods. When the law faculty decided to enforce an orthodoxy of opinion and belief upon its students, and to punish, by the obvious power they hold over students, any departure from that orthodoxy, they crossed well over the line of tolerable conduct. It comes as no surprise to me to learn that that infamous paragraph has already begun to have its obvious, and I believe clearly intended, effect. I want to assure Messrs Wiencek and Majchrzak that I intend to see this problem through to the end; I only hope that they are resolved to do so as well. Sincerely, .. .. Thomas C. Barry Assoc. Prof. Classics The Constitutional right of free speech was not intended to annihilate minority existence, but rather, its intent was to foster and generate new ideas. The general rule of free speech is therefore not predicated upon a theory to injure but to strengthen goodwill amongst all. Likewise, free speech does not grant immunity for accomplishing a constitutional privilege in a unlawful manner nor does it protect the use of "fighting language." The faculty statement which Messrs. Wiencek and Majchrzak seem to attack came about in an attempt on the part of the Law School to bring to an end acts of harassment against certain law students who were undergoing derogatory harassment. The importance and the intended effect of the Faculty Statement was to create a socially amenable environment in which the study of law would thrive. Viewed in this light, I am inclined to believe that it is emphatically within the authority of the Law School to initiate such directives. The article, on the other hand, intimates to a chilling effect that the statement may have had on conservative viewpoint. The question that I pose is, what is conservative viewpoint? Unless conservative viewpoint is synonymous with villified forms of behaviour such as the subordination of one group of students to another, then I do not see any reason why the so called "conservatives" would need a lifting of an appropriate rule of law to enable them to express their viewpoints. It is shameful to assume that in this day and age any group of humans would consider another group inferior, based on any criteria whatsoever. The liberty and freedom of speech granted us under the Constitution would be perverted if it leads to prevent the natural outcome of freedom to all. The use of freedom of speech is therefore not an absolute right but a qualified right, limited by the higher rights of others in the protection of their natural rights to be free. Hence, freedom of speech is relative and must be modified in its uses, so as not to unnecessarily injure or infringe upon the rights of others. This noble gesture is demanded by the exigencies of our social state. Our ability to live together, and to respect each other without causing havoc, is required by the manifold need of mankind and also lay the foundation of our civilization. The University at Buffalo Law School is not the place to destroy such civilization, but indeed it is the place to grow a new generation of leaders who will forge society in time to new horizons. I must remind all that the conservative viewpoints may come in different forms and in different dangers and may mean different things to different people. The infamous Hitler and his third Reich wiped out six million people on the basis of conservatism. It is upon conservative viewpoint that apartheid in South Africa flourishes today. In form, conservative viewpoint tends to resist change, and to protect and promote the status quo. But history has taught us that change is eminent and is also a natural phenomenon. We cannot live in the atrocities of the past in the name of constitutional privileges. We must forge ahead. As OliverWendell Holmes once stated: The provisions of the Constitution are not mathematical formulas having their essence in form; they are organic living institutions. Their significance are vital, not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origins and the line of their growth. Mr. Holmes' wisdom, if anything at all, should serve as food for thought for the so called "conservatives." It is about time they came to the rude awakening that a viewpoint when offensive will not immune them from discipline merely because it is conservative, or even if accorded by a constitutional privilege. Philip O. Ohene IL, Section 1 �More from The Opinion Mailbox Bad Things Come To Those Who Wait Too Long March 14, 1989 To The Editor, Today is an important day for the university community. Why, you may ask? Well, the Faculty Senate today said something important to all of us who claim to be students. They "said" that discrimination is OK. Discrimination against people who are over 35 years of age is OK. Discrimination againstpeople who are handicapped is OK. Discrimination against people whose sexual orientation is not heterosexual is OK. They actually were not that blatant about it, but they didn't have to be. You see, forthe many students who were there, it was hoped that the Faculty Senate would act responsibly by condemning the position taken by the President of the University and his Provost. If you do not know already, these two individuals have for the moment acted on behalf of all of you. They suspended the Law School's position which prevented employers who discriminate from using the facilities at the school. The faculty of the Law School saw fit to take this action because others did not want to. way, we know now who you are! You are definitely not on our side. Some conser- Many of you out there may never have to confront discrimination. Many of you may wish to believe that there have been many laws created to protect some people. Why do you suppose we had to do that in the first place? Why do you think some of us came to realize that some laws were needed to protect some people? Many of you may still have faith that congresspeople will do their very best to correct the injustices of the past by acting on bills which will inevitably become laws. The question is who will enforce them? The courts? Not in these times brothers and sisters! You see the enforceability of laws is a political act as is everything or nothing a political act. The Faculty Senate in their quiet acceptance ofthe recent action by the President and HIS Provost have acknowledged where they stand, but more importantly who they are. Yes, some of them have recommended that we study the situation more. Some, holding their crotch, fear that funding for research may be in jeopardy. After all, rumors do fly. Any vative bigots (sorry to be redundant!) at the FS meeting pointed out legal battles in the past, insinuating of course that they could and certainly would mount a legal challenge to the Law School's Anti-Discrimination policy. Challenge it! Take legal action. In light of political structure of courts today, you may win, but we will know who you really are! So what's the problem? I think it may be that I have a problem. I am a person of color: Some people can't pronounce my name correctly, and frankly, I am a Latino/Native American full-time! It's not a part-time thang (sic). There is a resurgence of discrimination in this country and sometimes I get very angry, but more often than not I get scared. You probably know that the beneficiaries of this discrimination will usually be only a few. As I said earlier, most of you will not feel or see discrimination in your lifetime. In a way, I don't admire those of you who do not. Certainly, this is beyond your under- before he got involved in something that I did care about. There aren't many things that would make me think twice about seeing the Rolling Stones. The fact that Trump might promote their final tour, however, happens to be one of them. I can accept a world in which Al Sharpton gets headlines, the National Enquirer is more popular that the New York Times, Morton Downey Jr. and Geraldo Rivera are constantly quoted, and the most financially successful actor of all time plays characters named Rocky, Rambo, and Cobra. But Donald Trump and the Rolling Stones? There is definitely something obscene about this combination. Once upon a time, when Mick Jagger sang about street fighting men, and complained about an economically oriented society in which he couldn't get any satisfaction, the Stones would have told Trump to get off of their cloud. Indeed, "the greatest rock & roll band in the world," as it was once billed, did not voluntarily associate itself with men like Trump. This is the band that hired Hells Angels as security guards, and glorified via its music, things like rape, murder and drug use. On and off the stage the Stones' behaviorwas nothing short of decadent. The Stones, obviously, w,ere not the perfect role models. If the Beatles stood for the "good" in society, the Stones represented the "evil." The Beatles, in the words of John Lennon, may have been "more popular that Jesus Christ." Conversely, the Stones, in the eyes of many, were more loathesome than Lucifer himself. Yet, at the same time, they were sig- nificant. In a world filled with rape, violence, and depression, a world that is not always incense, peppermints, and strawberry fields, the Stones, unlike most of their musical peers, reflected these realities. It was never pretty, it was sometimes tragic, but, in the end, it was an attitude and demeanor that made the band legendary. The mere fact that Trump wants to be actively involved with an entity like the Stones is almost a contradiction in terms. To quote a local deejay, Trump symbolizes the "perrier and docksider crowd." Getting old has never been a drag for him and he has always been able to get what he wants (what he needs is another story). I wouldn't be surprised if he thought that "Jumping Jack Flash" was a song about exercising. Promoting the Stones is simply another way for him to garnish media attention, and make a quick buck in the process. I have referred to the Stones, for the most part, in the past tense. That is because the Stones of twenty years ago are certainly not the Stones of today. Money, which was important to the band back in the sixties, is more important today, and there is much more to be made. The "bad boy" image has faded a bit but, after all, the Stones are each in their mid-forties rather than their mid-twenties. Nevertheless, the Stones have managed to remain somewhat feral. However, if they allow Trump to lead them through America, they are bound to appear more like a media event than an actual rock & roll band. Sure, they'll still sing their songs. But the music, as well as the aura that standing and perhaps control. Sorry to be so pessimistic, but I have come to realize that there may be people out there who will want to help you at a particular moment, but when the chips are down they will not put their lives or their reputation on the line. Racism makes me very angry, but in today's society I must restrain my anger, because as we all know; what happens when you have an educated and angry minority on your hands? Many of you may wish to act in some capacity to support the Law School'sAntiDiscrimination policy. Hurry up! If you decide not to act, it really doesn't matter because it's expected of you. Like I said before, some of you have never experienced discrimination. Why must you wait to act only when it's too late? Why must you wait until the problem hits home? In maintaining a silence for so long, some resemble stupidity and some die not knowing how it feels to be courageous. Martin Sanchez Rojas Donald Trump and The Rolling Stones: Triumph or Tragedy It's often said that money can't buy you everything. Unfortunately, there are certain individuals who try their hardest to disprove this age-old adage. Since his rise to prominence, Donald Trump has set out to show the world that he can buy anything he wants. He bought a professional football team (in the USFL). For two years running he has bought and brought Wrestlemania to his casino and convention center in Atlantic City. For a while, it even appeared as though Trump was out to buy a piece of boxer Mike Tyson. These things of course, are in addition to the scores of hotels and buildings he owns. I have never liked Trump. For one thing, I have always believed that it is the epitome of arrogance to name your own creations after yourself, an art which Trump has perfected. Not only is there the aforementioned Trump Hotel and Casino, but there is also the infamous Trump Tower in New York City. In a city wherethe rich step out of their limousines and over the people lying in the gutter, Trump Tower stands as a tasteless effigy to the Dickensian atmosphere which has enveloped Manhattan. By Andrew Culbertson Features Editor As obnoxious and arrogant as Trump may be, he was always easy for me to ignore. I hated the USFL, I don't like Tyson, I don't gamble, and although I do enjoy professional wrestling, I have never watched Wrestlemania. Unfortunately, when one person has his fingers in so many pies, it was only a matter of time THIS WEEK: KJ O fri\ CORPORATE: SUMMER JOS ■*-'' *•% £•>« / ArTXr : FRIENPS, AuPieKCE, -ro SovERNMENT pepT sf»KeseN-TATIOtH BUT WORK.---- JOBS of JO6 jusT\cer prou'RC HEReA y«*s>*eP'*-*«e*iJ LOTS OF W»RH', GRADUATION pREjeKtATo^ To FMCKOS ETC K£ CJS^ has surrounded them for twenty-five will be submerged in a tidal wave of pomp, circumstance, and gaudiness. Alas, if more money is all that the Stones really want, let them sign on with Trump. He can certainly give it to them. I am reminded, at this point, of another rock & rojl legend, Bruce Springsteen, who said that "poor men want to be rich and rich men want to be kings." The Stones are already rich. With this in mind, they should tell Trump to get lost, and show all of us, one last time, why they are, and always will be, the "kings" of rock & roll. from pg. 1 Jaeckle Award The luncheon followed a morning long symposium entitled "Directions for the 19905: The Impact of Buffalo's Changing Economy on the Legal Community." The presentations covered a widerange of topics including basic concepts of international transactions, the economic and legal implications of the U.S.-Canada free trade agreement, current topics in health care, real estate development opportunities, issues in environmental law, and recent developments in technology law. Of particular interest to law students was the presentation by our own Professor Robert I. Reis on real estate development opportunities in Buffalo. He explained that Buffalo's economy suffered during the recent industrial move to the sun belt, causing its development to lag behind the rest of the nation. As a result, he said Buffalo will have a big opportunity in the 19905. This same point was emphasized by Dr. Andrew J. Rudnick, president of the Greater Buffalo Development Foundation, who stated that Buffalo has real economic potential resulting from specific development opportunities such as ÜB's graduate programs, which act as "brain power organizers" bringing in a "lost generation," the largest undeveloped waterfront in the nation, and our proximity to Canada, which he said will be the largest single factor in the Buffalo economy for the next 100 years. Alice Kryzan of Whiteman, Osterman & Hanna struck a note of caution in her presentation by counseling that issues in environmental law will be an important consideration for those interested in real estate development. She warned that hazardous waste will be found in many locations and buyers must consider the previous uses of any land they might wish to purchase. Ms. Kryzan indicated thatthe negotiation process favors those who do not want to clean up hazardous waste sites, and poses a definite problem. The 13th Annual Alumni Convention was held in The Center For Tomorrow. Dean Filvaroff called it a "wonderful program" and stressed that working with the downtown bar was important for both the Law School and the legal community. years, April 12,1989 The Opinion 7 �GET THE KAPLAN-SMH ATTENTION U.B. LAW STUDENTS JULY 1988 BAR RESULTS N.Y. STATE 64% PASS RATE KAPLAN/SMH STUDENTS AT U.B. LAW SCHOOL 90% + PASS RATE FOR THE NEW YORK BAR EXAM YOU ONLY WANT TO DO IT ONCE! DO IT RIGHT THE FIRST TIME! Over 100 Centers Nationwide Offering Complete Preparation For The Bar Exams Of: CA, CO, CT, DC, FL, IL, MA, MD, ME, Ml, NH, NJ, NM, NY, PA, Rl, TX, VA and VT |J I M STANLtY H. l f lIW | JLjl MA BAR REVIEW SERVICES [800] KAP-TEST 8 *Jl wII M The Opinion April 12, 1989 1330 Niagara Falls Blvd. TonawandTNerCkMlSO-SQiy (716) 837-8022 (800) 3*13-9188 L__ �TAHCREOSNATION Law School News Briefs University of Miami Students at the University of Miami School of Law will be voting on a referendum to decide the fate of the law school yearbook Amicus Curiae. Additional funds are needed in order to ensure that the yearbook will be published next year as it currently is operating with a deficit. Three proposals are slated to be put before the students. The first would call for the demise of the yearbook and no increase in student activity fee. The second calls for a six dollar increase in the student activity fee per semester and a guaranteed free yearbookfor all third year students. The third calls for a ten dollar increase in the student activity fee per semester and a guaranteed free yearbook for all students every year. This year, the yearbook costs $32.00 presale and $37.00 at regular price. (Ed. 's Note: As of this date, thereferendum has been voted on but The Opinion does not know the results.) (Res Ipse Loquitur, vol. 8, no. 9, March 6, 1989, p. 1) New York University Students at NYU Law School, calling themselves the Coalition for Change, staged a series of protests to draw attention to changes they feel the School must make with regards to minority students and faculty. The demonstrations were in part triggered by a number of "racial incidents" that have taken place at the Law School thisyear. The Coalitionfor Change presented the Dean with an 11-pointplan that they had drafted. The plan calls for stepped up investigations into the racial incidents that have taken place. As of yet the administration has not been able to name anyone responsible for the harrassment of a number of NYU minority students. The plan also calls for increased hiring of faculty of color and stepped-up recruitment and admission of students of color (NYU is ninth out of the top ten law schools in terms of the percentage of minority faculty and students.) Appointment of a Dean of Minority Affairs and the introduction of race-related components into lawyering and the core curriculum are also a part of the 11-point plan. (The Commentator, vol. XXIII, no. 11, March 9, 1989, p. V Cleveland-Marshall Cleveland State University Career Services Department recently announced a ban against on-campus recruitment of students by the FBI. The FBI violated a well-established University policy which prohibits on campus recruiters from discriminating on the basis of race or national origin. The Cleveland-Marshall Law School chapter of the National Lawyers Guild was instrumental in persuading the University Career Services Department to make this announcement. The University Career Services Department does not have a stated policy against recruitment by parties who discriminate on the basis of sexual orientation however. The Law School does subscribe to a policy which includes a ban against discrimination on thebasis of sexual orientation. The National Lawyers Guild is lobbying the University to reconcile the differences between the two policies so that all employers who recruit on campus will be responsible for complying with a pledge not to discriminate on the basis of sexual orientation. ( The Gavel, vol. 37, issue 6, March 1989,p. 4) Free Speech At Issue WhenPublic Funds Support Public Art The final lecture in the "Arts and The Law" lecture series took place on March 17, 1989 at the Albright-Knox Art Gallery. Barbara Hoffman was the guest speaker and her discussion was entitled "Public Art, Public Controversy: Free Speech and Other Issues." Ms. Hoffman was involved in the drafting of the annotated model agreementfor the commissioning of a work of public art. She currently practices law in New York City and is Honorary Counsel to the College Art Association of America. By Donna Crumlish Managing Editor "Twenty-six years ago the first percent for art ordinance requiring public expenditures of money was passed in Philadelphia, but still twenty-six years later we really don't know what public art is or ought to be and have not successfully balanced the competing interests which are involved," said Ms. Hoffman. She then went on to give examples of some of the conflicts surrounding public art within the last fifty years. One of the earliest controversies arose when Antone Refrigier was commissioned to paint murals for the Rincon Annex in San Francisco. Refrigier painted the murals in a Post Office in the early 19405. In 1946 a Republican congressman from Michigan launched a campaign against all modern art as communistic. One of his targets was large scale murals in public buildings. In 1953, Congress introduced a joint resolution requesting the removal of the murals, stating that they had been criticized by civic and veterans groups among others as being artistically offensive and historically inaccurate and casting a derogatory and improper reflection on the characters of the pioneers in the history of California. Refrigier's supporters cried censorship and after lengthy hearings in California the Joint Resolution was successfully shelved and the murals allowed to stay intact. Another example of controversy surrounding public art involves Alan Sonfist's environmental sculpture "Time Landscape of St. Louis." The work was commissioned by the city of St. Louis and consisted of native vegetation. Alan Sonfist was given the key to the city. Seventeen months later, city bulldozers destroyed it in the middle of the night. The Commissioner of Parks said that it was a public eyesore which attracted homeless people to hang their laundry in the trees. Ms. Hoffman contends that in this case the Parks Commissioner never viewed the sculpture as a work of art. Ms. Hoffman also gave an example of controversy surrounding the public display of artwork. David Nelson, a student at the Art Institute of Chicago entered a portrait of Mayor Washington dressed in drag in a school show in 1988. The painting was seized by city Aldermen who said that the nature of it was insulting and riots would arise in Chicago because Mayor Washington was very much loved. Two days later the Art Institute apologized to the Aldermen for the display of the work. David Nelson has since filed a lawsuit and is being represented by the American Civil Liberties Union of Chicago. Nelson is alleging violation of first amendment rights, particularly freedom of expression and freedom against illegal search and seizure. Ms. Hoffman alleges that controversies such as the ones mentioned above have attributed to the development of jurispru- dence and thinking in the areas of freedom of artistic expression, moral rights and copyright. Barbara Hoffman The display and subsequent Court ordered removal of Richard Serra's "Tilted Arc" from the Federal Plaza in New York City is one of the most recent and perhaps most tragic examples of the ongoing public art debate. The sculpture was commissioned by the General Services Administration and had been standing in the plaza since 1982. When the GSA decided it wanted the sculpture removed Serra filed a lawsuit in federal court and lost on a motion for summary judgment. The GSA argued, among other things, that the sculpture was too big, that it prevented concerts from being held on the Plaza and that it posed a potential terrorist the sculpture took the threat (simply — form of a long black, tilted wall). Serra claimed that the sculpture was site specific and could not be relocated without being in some degree altered or destroyed. Serra's lawyers argued before the Second Circuit Court of Appeals that once a medium of expression is publicly installed or displayed first amendment rights attach which prohibit the government from removing the expression. The Court of Appeals stated that "Tilted Arc" was entirely owned by the government and thus Richard Serra's freedom of expression was not being violated. They said that Serra gave up any right to the sculpture when he voluntarily sold it to the government and that if he wanted to retain any rights he should have bargained for them at the time the contract was made. Since this ruling (the case was decided in May 1988) the "Serra Clause" is always included in public arts contracts. This clause says that the government has the right to remove the work unconditionally unless the artist bargains to the contrary. Ms. Hoffman was upset by the Court's decision in the Serra case but nonetheless feels there is hope for public art and she closed her lecture with the words of Richard Serra as were written in a letter to President Reagan before the outcome of his lawsuit ". if we only provide public forums for art which is immediately gratifying and popular we give up on art. While artists have always guarded their integrity and have been preserved in the face of opposition they also need a political environment which is supportive and a society which values their efforts. Ways ought to be explored for introducing the language of art into the communities in which it is expressed ." . . Protesters Outnumber Audience at JAG Corps Presentation The U.S. Marine Corps Judge Advocates took advantage of the suspension rights. of the Law School's anti-discrimination policy by holding a presentation in Baldy Hall on March 21. The lecture on the "Rights of the Accused, the difference between Military and Civilian Law," also provided an opportunity for several local Marine recruiters to try and attract law students to the JAG Corps. About twenty students from the Law School and the University showed up to protest the JAG Corps presence on campus. They carried signs and placards condemning the Marine policy of refusing to hire lawyers that are gay, handicapped, or over 35. by Bruce Brown Staff Writer E. J. Martell, directorof career planning and placement for the University, said that although protestors had made clear their displeasure with both the presence JAG's return of the Marine recruiters and the suspension of the anti-discrimination policy,they had not overstepped the bounds of common courtesy and had been within their Mr. Martell explained that although.the presentation could have been held in the Law School itself, Robert Palmer (Vice Provost, Student Affairs) had decided that it would be held in Baldy Hall instead. No reason was given for this decision, but it was an apparent attempt to defuse any possible tension that might result from the presence of Marine recruiters within the Law School itself. This was the first public presentation by the JAG Corps and the second for Marine recruitment since the University overturned the Law School prohibition of on-campus discrimination by military recruiters. In September the Law School Faculty voted to add sexual orientation to the school's anti-discrimination policy. This prohibited any organization which refused to sign a statement certifying that their organization has no discriminatory hiring practices, from using Law School facilities. The immediate effect of this policy was a ban of the FBI and JAG Corps. In February President Sample placed the policy in abeyance so that the University could "do some clarification of the jurisdictional issue." For fourteen years the law school set its own discrimination standards adding categories such as marital status to its anti-discrimination policy without attracting attention. However, for reasons which remain unclear, the recent addition of "sexual orientation" to this policy triggered the university administration's desire for a jurisdictional clarification. Dan Majchrzak a spokesperson for the Federalist Society and vocal proponent of on-campus recruitment, said that his organization had invited but not sponsored the Marine presence. He also refused to criticize the demonstrators whom he said had behaved in a reasonable manner during the question and answer period that followed the presentation. April 12, 1989 The Opinion 9 �IN THE NORTHEAST UNITED STATES Agft MORE LAW SCHOOL GRADUATES ammk 4PWII take fflS7/r?ft£ THAN TAKE ALL OTHER '^IL BAR REVIEW COURSES -- £': $& ■■■. ■ I ttj *&■ '-- ?■; ■-** .'■ rjSfit* ■ ££'& ." '""' ', 'i- -' -'*'■" "" •-.,;■ ■'■■ ■?& "'. • ,-. -'■ - •/ *■ -" yi • / I ... isM®k \ \ -. The Nation's Largest And Most Successful Bar Review. 16(H\>imiion\voallli Aviv. lloston.Ma. 02116 (017! 137 117! 415 Seventh Aw, Stc()2, Now York, N.Y. 0211« (212) r>!M■3(596 (201)623 -3363 (2')3) 721 3010 10 The Opinion April 12, 1989 �Conference Highlights Philosophical Differences On Violence During the third weekend in March, scholars from around the world convened at the Center for Tomorrow for "A Conference on Law and the Legitimization of Violence." The three day conference, sponsored by the Graduate Group on Human Rights Law and Policy, involved the presentation of a variety of papers on topics ranging from "The Nihilistic Significance of Violence" to "Sex Discrimination and the Law of Self-Defense." Each paper's presentation, or reading actually (since most people simply read their papers), was followed by commentary from other professors. By Alexei Schacht News Editor The opening paper set the tone for the rest of the conference. Carl Wellman, a philosophy professor at Washington University, speaking on "Violence, Law and Basic Rights," repeatedly invoked lawand legal theory and practice. The irony in this, and in the conference as a whole, was that the conference's philosophers tended to want to speak of "law," while the law professors, as Professor Virginia Leary commented of herself, often spoke in terms of "morals" and other "philosophical" concepts. One proposition that many seemed to agree upon was that violence, as a concept, was value free. There is evil or immoral violence, such as a rape, there is legitimate violence, such as the power inherent in a nation's war power, and there is value free violence such as the violence in a natural electrical storm. As such, most conferees seemed to agree that some vio- lence is morally justifiable. This is so despite the fact that, as Professor Wellman pointed out, it is possible to "distinguish between legal and moral legitimization." An interesting point made by Wellman was that "some basic moral rights have no close analogues in legal rights." Wellman further queried whether there is a "[bjasic moral right to revolution" implicit in the Ninth Amendment's reservation of "certain" rights to The People. Hugo Bedau, of Tufts University, spoke on "Punitive Violence and its Alternatives." His main line of inquiry involved the question "(ijs punitive non-violence no [sic] oxymoron?" In response, he analyzed four alternatives to "violent" forms of punishment such as incarceration or capital punishment. Thefour alternatives were reward, forgiveness, therapeutic treatment, and denunciation. Bedau concluded that the role of punishment can be "reduced but not eliminated." Tibor Machan, of Auburn University in Alabama, gave a paper arguing that torture could, in some circumstances, actually be legitimate. While allowing that torture should, as a general rule, not be practiced by any of the representatives of the state, there are instances in which private individuals would be justified in torturing. Torture can be legitimate, claimed Machan, if "the end of the torture is worthy." One of Machan's examples of justifiable torture involving your capturing one of two evil rapist/murderers who had kidnapped your four-year-old daughter. The torture of your prisoner would be legiti- April 6, 1989 My fellow classmates, friends and professors: Dealing with the physical loss of a loved one is never an easy experience live through. Feelings of guilt, anger, confusion and loneliness seem to confront me at every corner. Throughout this past year I have been trying to continue my life as a student while slowly watching my mother's illness take the best of her health and strength. Her pain and suffering culminated in her physical departure on March 26, 1989, Easter Sunday. to The immediate feeling of losing my mother, Aidalbarrondo, my best friend, advisor and buddy, was a fear of being alone. Upon returning to school and knowing that I will continue this process in her absence by myself, I realized that I was not alone. The numerous cards, hugs and love that you all have shared with me clearly demonstrates that my mother left me in the greatest company of all. I thank you for being there when I needed you the most. Classmates, friends and faculty such as yourselves is what makes the UB Law School a special learning institution, a place with heart. God bless you all. Thanks again for being there, Daniel Ibarrondo mate if it would secure the safe release of your daughter. Professor Guyora Binder, in commenting on Machan's paper, made a devastating critique of both its specific theory and the general libertarian principle that it is based upon. Binder pointed outthat "Professor Machan's zeal to insulate the state from responsibility for violence defeats itself." While some non-participant observers found the conference's discussions too esoteric and or irrelevent to "real" life, there was clearly a lot of heated, and learned, debate among the participants. Commentary Group Funding Rests Upon Enhanced Mandatory Fees by Kimi King In accordance with University Trustee Guidelines, every student government (every four (4) years) is required to hold a referendum on whether or not the student mandatory fee should remain mandatory or instead be voluntary. On Wednesday & Thursday April 12-13, you, the students will decide two things. First, whether the student fee should be mandatory or voluntary, and second, whether the fee should be raised from $25.50/ semester to $32.50/semester. Voluntary vs. Mandatory Currently, each student pays $25.50/ semester to the SBA who in turn, allocate all of the funding for all of the student organizations. For those student organizations who have been following the SBA budget crunch this year, you know that our current funding levels do not meet the needs of our student body. At ÜB, we are fortunate enough to have a number of wide, diverse, ancLactive student organizations that bring an expanded array of programs to theLaw School and to the University. If the mandatory fee is to become voluntary, every student organization would be without any resources to pursue activities. If the fee is to become voluntary, SBA would have to allocate funds to the student organizations on a projectby-project basis, and each organization would be responsible for fund-raising the bulk of its monies for activities. The net effect of not continuing the mandatory student fee will be that every time an organization needs money for a project, it will have to come before SBA to request approval for both the activity and the funds. Increase fees? The current SUNY system budget crunch has impacted UB Law in several ways. Next year Alumni Arena will be increasing its fees for the Law School from $1200 (current fiscal year) to $6000 (1989-90). Originally this figure was projected to be about 45% higher, however we indicated that if the fees were raised by that amount, SBA would not be able to continue paying for services at all. This increase in fees is to make up for the increased costs Alumni has been facing in the last four years. This increase is based on the proportional usage for the Alumni facilities according to records of law students participating in Alumni services. This means that approximately $3/ semester of your activity fee (assuming it remains mandatory) would be used for continuing access to Alumni facilities. In the event that the SBA does not pick-up the fees, then the individual students will be required to pay annual fees ($65-80) for use of Alumni Arena and Clark Hall. Part of the necessity for increasing student fees is to cover this increased cost. Additionally, our increased activity with the current year fiscal programs has resulted in an increase in fees to our accounting firm, Sub-Board I, Inc. The net increase for next year's accounting costs will be approximately $1000. As a result, SBA is recommending an increase in the current fee to $32.50/semester. Compared to our other student organizations, this seems fairly in line, given that our counterparts in other student organizations have a much larger student base to increase their total revenues. Fee Comparison Student Association (SA) $57.25/ Graduate Student Association (GSA) cars. If it bought cars with the new smogless engines, these cars would soon become widely available. Such action, said Commoner, requires "Breaking the Reagan taboo of hands off the free market." To combat the Greenhouse Effect, Dr. Commoner stated that first and foremost, we must stop burning fossilfuels and conserve energy. Two-thirds of energy is lost in transportation from generators to receivers. This problem could be eliminated by decentralizing energy production. Dr. Commoner praised the use of methane (natural gas) which, he said, produces half the carbon dioxide that coal does. Since natural gas can be produced from sewage, we can be assured of a limitless, cheap source of this energy. Natural gas should be used as a transitional fuel, said Dr. Commoner, to the eventual use of solar fuel. Ethyl alcohol, which is produced from grains, is one such solar fuel. Because plants consume carbon dioxide, the later burning of ethyl alcohol would result in a net zero effect — $23.50/semester (however, there are over 6500 total grad students) Law school en- rollment = 850 Medical Students $47.50/semester (will be going up to $65 next year) Dental School $42.50/semester Finally, to the credit of most of the student organizations, SBA has seen an increase in the numDer of activities here at the law school during the second semester. As the budget season draws nigh, remember that because our costs have increased, we will be unable to fund groups at their current level if the fee is not increased. The SBA hopes that students will discuss this issue among themselves and their Class Directors. Please turn out and vote to indicate your preferences. — — Dr. Commoner not put into mass production. Our government buys billions of dollars worth of — semester from page 5 on the level of carbon dioxide in the atmosphere. Another solar fuel, photovoltaic cells, is currently quite expensive but if the government buys them in quantity, as it did with computer chips, the price will come down. At the end of the lecture, members of the audience were given the opportunity to ask Dr. Commoner questions. When asked to comment on President Bush, Dr. Commoner reminded the audience that in 1970, President Nixon declared himself an environmentalist. Two years later, Nixon reversed himself and attacked environmentalism. Commoner said that Bush "got carried away," and that when he sees the true costs of cleaning up the environment, he'll be like Reagan (and whereas an incinerator takes twenty years. Eighty percent of all trash can be recycled, and Dr. Commoner accused the DEC of "pulling the wool over its own eyes" in its misguided support of incineration over recycling. In the final analysis, Dr. Commoner was optimistic that environmentalism will become a stronger force in the world, noting that Soviet General Secretary Gorbachev placed environmentalism alongside peace as the most important challenges of our times in a speech before the United Nations. But he reminded the audience members that they must take active stands against polluters. March 22nd, 1990 will mark the 20th anniversary of Earth Day. On that day, urges Dr. Commoner, citizens must take to the streets and scare the corporations into behaving responsibly. Nixon). Asked a question about the New York State Department of Environmental Conservation (DEC), Dr. Commoner replied that the DEC has been "reprehensible." He faulted it for advocating the use of incinerators, which prevent recycling and produce land and air pollution. A recycling unit can be established in a year, ss *** I '—^-^ V ~ 415 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 (201)623-3363 April 12, 1989 The Opinion 11 �ATTENTION CLASS OF 89 & 90 FINAL BOOK DISTRIBUTION DAY THURSDAY APRIL 13 GET YOUR BOOKS NOW OR WAIT TIL THE COURSE BEGINS!! Reminder: You must have a Book Distribution Card and return old books. 12 The Opinion April 12, 1989 — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-04-12 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1f859eef13cf56385c556b5966faf864.pdf 967840a7cbc125a99d11b86df9a34c60 PDF Text Text Matrimonial Law Conference Gives Students Taste of Reality On Saturday February 25, the walls of Room 108 reverberated with some rather unfamiliar sounds. Instead of the usual dosage of legal theory and caselaw, the students present were treated to a taste of reality. Indeed, the second annual matrimonial law conference entitled, "The Practice of Matrimonial Law: A Lesson in Reality," certainly lived up to its name. Hosted by Paul Birzon, a local practitioner dence. Listening to the speakers, one got a good sense of the intricacies involved in the practice of matrimonial law. Perhaps the best example of this was given by Raymond Pauley, a partner in the Rochester firm of Pauley & Barney. Pauley stated that when a prospective client calls his office, he never speaks directly to the person, allowing his secretary to field the call. As he pointed out, Paul Birzon, Esq. and Miriam M. Robinson, Esq. and adjunct law professor, the conference featured presentations by matrimonial lawyers from across the state. by Andrew Culbertson Features Editor The presentations themselves covered a wide range of topics within the matrimonial law field, including pre-litigation conduct, custody issues, the use of expert witnesses, trial strategy and preparation, and the admission of certain types of cvi- "The prospective client can, and often will, divulge confidential information in the first thirty seconds he or she speaks with you. Thus, you have the establishment of the attorny-client privilege. In the event that this person opts not to hire you (but has told you confidential information), you are 'knocked out of the box' if the other spouse wants to employ your services." The reason the attorney can't defend the other spouse is that to do so would represent a clear conflict of in- terests. According to Pauley, this scenario is not as unlikely as it might appear. Along these same lines, Pauley stated that "whenever heconsults with a prospective client, he always charges a consultation fee." This way, if he is "knocked out of the box," he will at least have been paid for his legal advice. Alvin Ashley, a partner in the New York Firm of Colton, Weissberg, Hartnick, Yamin and Sherefsky, led a provocative discussion on the use of expert witnesses to conduct financial evaluations of the "moneyed" spouse. According to Ashley, when evaluating the worth of the "moneyed" spouse's business, the best expert to employ is not an accountant, but someone who buys and sells that particular type of business. "Since every business has its own way of fooling Uncle Sam, an accountant, who will see the same things as Uncle Sam, can be fooled just as easily. On the other hand, a person who buys and sells that type of business will be able to give an accurate evaluation of what that business is worth." Ashley did note, however, that it is imperative to have an investigative accountant, since they can detect where unreported money is coming from. "If the husband is reporting $100,000 in income, and he maintains three mansions and several Rolls Royces, this should tip you off that there is a lot of unreported income." An investigative accountant, through a variety of techniques, is often effective in determining how much unreported income there actually is. Ashley discussed other aspects of the discovery process, placing particular emphasis on the importance of depositions. Depositions, he stated, are important "because they give the other side the opportunity to commit perjury." In the event that they do, this fact is a "bullet to be used at trial." A theme stressed by a number of the speakers was that matrimonial litigation is something to be avoided at all costs. Not only is it very expensive, but it tends to be very messy and emotional. To this extent, a good deal of emphasis was placed on the importance of negotiating a settlement. Timothy Tippins, a solo practitioner from the Albany area, discussed the importance of pre-trial negotiations, giving what he deemed to be the "ten commandments" of negotiating. Among other things, he stated that an attorney should never play hardball, never negotiate without full disclosure, never abdicate strategy, tactics, or ethics with the client, and always know his or her adversary. With regard to this last point, Tippins related an incident in which a corporate attorney unwittingly decided to handle a client's divorce. Unbeknownst (See Matrimonial Law, page 11) THEOPINION Volume 29, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 15, 1989 Buffalo Lawyer Buckley Returns to UB as Professor Elizabeth Buckley joined the UB Law faculty last semester as a part-time pro- fessor. She graduated cum laude from UB Law School in 1980 and her experience includes a clerkship with Judge John Curtin, an associate's position with Jaeckle, Fleischman and Mugel, and work as an attorney for Neighborhood Legal Services. As a law student, Professor Buckley worked for Professor Spanogle as a research assistant. She earned the Lay Law Award for commercial law. She was recommended to the law faculty by Professor Spanogle to fill his position while on sabbatical. by Alice Patterson Staff Writer Professor Buckley specializes in commercial law, and her primary work at Jaeckle, Fleischman was commercial litigation. Ms. Buckley enjoyed that area of practice very much. However, intellectually and emotionally, she felt she needed something more. This led her to practice with Neighborhood Legal Services. Until joining Neighborhood Legal Services, her work had centered around substantive commercial-type law cases. She felt the need to learn more about the human as- pects of law. Her work as a legal services attorney more thanfulfilled this need. The fulfillment, for example, of helping an elderly person receive Medicaid was more rewarding than the "traditional" type of legal practice. Professor Buckley worked for Neighborhood Legal Services until the birth of her second child. Her position at UB Law School provides her with the best of two worlds: time to devote to her family and a chance to explore a totally new academic and intellectual setting. She describes her time here as a "wonderful and fun experience." "It's wonderful to have the time to really look at and analyze a statute in depth, time which isn't available in a law practice. In this academic setting, there is time to explore a statute's legislative history, and essentially there is time to learn more about the statute." The statute Ms. Buckley speaks of is the Uniform Commercial Code. She finds the code courses to be the most interesting and very important as part of law students' education because students need to be cognizant of the fact that much of the law has been codified. Students will appreciate the Uniform Commercial Codes once they begin to practice. "It is one of the best written of all statutes. It is a comprehensive statute, drafted by lawyers, and is very cohesive." Other codified statutes are a hodge podge of different statutes that somewhat relate to each other but there are gaps and overlaps where there should be none. The Professor Elizabeth Buckley — UCC, among all statutes probably only similar to the tax codes, is a very neat, well-integrated statute. She jokingly said, "None of my students would believe that for a minute." Ms. Buckley has no definite plans for next year. She does plan to return to practice in a law firm. She recommends that all students gain experience by working FSEC Votes toReimplement Law School Policy At a meeting on March 6, 1989, the members of the Faculty Senate Executive Committee (FSEC) decided, unanimously, to support the UB Law School's policy of non-discrimination. The law school's policy, which includes, but is not limited to, employer recruitment practices which expressly discriminate against sexual orientation, age, veteran, marital or parental status, was held in abeyance in February 1989 by President Sample and Provost Greiner. By re-implementing the law school's policy, the FSEC has taken the position of not adhering to President Sample's decision to hold the policy in abeyance. The question of jurisdiction was not discussed at the meeting. The law school was represented by Thomas Headrick, Associate Dean, and Isabel Marcus, Associate Dean for Student Affairs. Mr. Headrick provided the FSEC with a history of the law school's policy from 1975 to the present, noting that the SUNY administration has not questioned the law school's actions up until now. He also cautioned the FSEC not to view the law school's policy as an attack on the military, which it is not. "It just so happensthatthe military recruiters fall under the new guidelines that have been established" stated Mr. Headrick. Isabel Marcus, who also stressed in her discourse that the policy has never been undertaken as a banning of any particular group, drafted a motion which the FSEC voted upon thereby supporting the law school's stance. Numerous law student groups and concerned individuals were present at the meeting in support of the law school's position. Repeated calls throughout the meeting by John Boot, Chairman of the FSEC, were made to those who oppose the law school's policy. There was no opposition from the audience nor from members of the FSEC. as a judicial clerk before entering a practice, especially a federal clerkship because of its voluminous jurisdiction. It gives students a chance to work with everything from admiralty cases to criminal cases. She described Judge Curtin as careful and brilliant. In her role as a professor of commercial law, Ms. Buckley hopes to accomplish something which she believes is very vital to her students' education: "Learning about substantive law has to be secondary to learning to read the statute." It is most important to read the Uniform Commercial Code and understand the transactional analysis which can then be translated to whatever area of the law that students ultimately practice. Students are intimidated by these types of courses and statutes, but there is no need to be. Once you are used to the statute, conceptually, it becomes easier. Her main goal is to help students become familiar with the statute and statutory analysis. Professor Buckley described teaching as being more exhilirating than she had anticipated. "It's fun and the students are exhilirating. They come up with new ideas that force me to really work. Work which I enjoy tremendously." HIGHLIGHTS Medical and Law Schools Join Together to Sponsor Panel Discussion on Reproductive Technology . pg.3 .. Workshop on the asbestos problem held at law school, plans for asbestos abatement discussed pg. 5 Grade Report demonstrates how teachers "add" up when it comes to handing out the grades pg. 10 �JT Worry? This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to switch programs. BAR BRI refuses to play this game. We believe that students are mature enough to enroll in a course. If they believe they made a mistake, they are mature enough to change courses. If a student signs up with BAR BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. We will not undermine students* confidence in their course by playing on their insecurities. After all, we're attorneys. And we intend to help you become attorneys, too. / (212) 594-3696 * Prpcpnß rl trbt:! 11:5 "Where professional responsibility is more than just a course.*'™ ■ & illwi m fii For further information, contact your local BAR/BRI representative, or: BAR/BRI 415 Seventh Avenue, Suite 62 New York, NY 10001 212/594-3696 The Opinion 2 March 15, 1989 I CPLR Mini-Review: An Overview of New York Practice R§3r\ Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be ottered live in New York City and on audio- or videotape in locations throughout the United States. V^rl* ■ and *MA / m / 7/ \ \f I*MI m YJI/ J W m ! I—l VJ,T_J BAR REVIEW p „ : nt^t nn rrt»enutuuii Date: Saturday, April Bth Time: 10 A.M. 4:00 P.M. . p|ace RoQm IQ6 . | ,9888AR,881 �Buffalo Hosts Northeast Regional BLSA Conference The prospects for minority law students seeking employment in private practices in Buffalo are bleak. Many of the Buffalo area firms are reluctant to hire black, Asian and Hispanic law students for reasons that minority law students feel are purely racial in nature. Numerous minority law students feel that most large firms in Buffalo interview them for the sake of complying with federal regulations which in turn allows the firms to advertise that they are an "equal opportunity employer." by Daniel Ibarrondo Cruz Editor-in-Chief The statistics for Buffalo and Erie County are staggering. As previously reported in the September 28, 1988 issue of The Opinion, of the 3,000 practicing lawyers in Erie County, less than 2 percent are minorities. In the area of private practice, of the six Erie County law firms with at least 50 lawyers, only two have minority attorneys on staff. The total number of minorities between these two firms is three. Of the twenty county law firms with at least ten lawyers, 15 have no minority attorneys at all. Emmanuel Nneji, winner C. Young, senior law assistant for the Eighth Judicial District, was to conclude their report by the end of 1988. To date, no report has been made. The purpose of thetask force as expressed by Mr. Young was to bring minority law students and private law firms together. In order to make able and qualified minority law students available for interviews with Buffalo area firms, the Black Law Students Association (BLSA) of UB Law School organized and held their Northeast Regional Conference in Buffalo. The event, which lasted four days, was held in downtown Buffalo atthe Hyatt Regency Hotel from February 2-5, 1989. The conference was aptly entitled: "The 19905: Bold Tactics For Liberation." NATIONAL BLSA HISTORY The National Black Law Students Association was founded in 1967, forming with a small group of law students who saw the need to unite on a national level with other minority law students given the small numbers of minority law students enrolled in ABA approved schools at the time. Today, the national organization boasts 200 chapters representing al- — Fredrick Douglass Moot Court Competition In 1987,the Minority Bar Association of Western New York (MBA) and the Erie County Bar Association (ECBA) began a task force between the two bar associations to investigate the problem in Buffalo. The task force, co-chaired by Richard F. Griffin of Moot & Sprague and Oliver most every ABA accredited law school in the country with an excess of 8,000 members in six nation-wide regions. National BLSA's purpose is to articulate and promote the professional needs and goals of black law students, to foster and encourage professional competence and to instill a greater awareness of and commitment to the needsof the black commu- nity by coordinating programs such as job fairs, local minority recruitment efforts, the Fredrick Douglass Moot Court Competition and the Sandy Brown Memorial Writing Scholarship. Mason Ashe, N.E., Regional Director, National BLSA The National BLSA Northeast Region is headed by Mason P. Ashe, Regional Director and a student at SUNY Buffalo School of Law, Tanya K. Hernandez, Associate Director, from Yale Law School, Renata D. Wooden, Treasurer, from Seton Hall University School of Law and Awo Y. Sarpong, Secretary, from New York University School of Law. NORTHEAST REGIONAL CONFERENCE An attraction of this year's conference was the First Annual Winter Minority Job Fair. As the name suggests this was the first time that a winter job fair has been made available to minority law students. The job fair was made possible through the auspices of the UB Law School Career Development Office (CDO) with the help of Audrey Koscielniak, Director of CDO. Mason P. Ashe, 3L, stated the organization's goal in holding their 21st Annual Northeast Regional Conference in Buffalo, "Buffalo firms are always saying that we don't apply to them for jobs, BLSA decided to make ourselves available and give them the chance to take the next step." He expressed some concern however, in the efforts, or lack thereof, of Buffalo law firms to hire minority law students. The Fredrick Douglass Moot Court Competition was held during the four day event with awards presented by Tanya Hernandez, Northeast Regional Director, to Diana Harris, 3L, and Emmanuel Nneji, 3L, both of UB Law School. There were a total of 24 teams competing from the Northeast Region. Numerous out-of-town guests were greeted on February 2nd by UB Law Professor Charles E. Carr who spoke to the Moot Court competitors assembling at the Hyatt Regency Hotel. On February 3rd, Julius Chambers, Director-Counsel of the NAACP Legal Defense Fund, gave an assessment of the past, present and future of civil right litigation along with UB Law Professor Muhammed Kenyatta, Honorable Rose Sconiers, City Court Judge of Buffalo, also spoke to the conference participants on February 3rd along with Omoye Cooper,AffirmativeAction Officer of the New York State Division ofParole. The schedule of events for Saturday, February 4th, included a panel discussion on career options moderated by Aundra Newell, Assistant Dean for Admission of UB Law School with panelists Todd L. Cranford, Clerk 6th Circuit, John V. Elmore, Assistant Attorney General, Buffalo, Patricia L. Irvin, Partner in Milbank, Tweed Hadley & McCloyand Judy ScalesTrent, UB Law School professor. Tony Brown, civil rights activist, was the guest speaker for the conclusion of events on Saturday, February 4th. Mr. Brown, known as America's most famous black journalist, host of the PBS show Tony Brown's Journaland most recently for his film The White Girl, a love story with an anti-drug theme, spoke on the struggles and strides facing blacks today. The conference served as a foundation for other events such as the officer induction ceremony of the Minority Bar Association of Western New York (MBA) and the presentation of a proclamation to Mason Ashe by David Collins, City Councilman for the Masten District of the City of Buffalo. Gail Hallerdin, President of the BLSA chapter of UB Law served as Mistress of Ceremonies for the events on Saturday, February 4th with Mr. Collins giving the welcoming address. Also included in the list of events was the installation of the 1989-1990 Regional Officers of National BLSA presented by William Mathis, National Chairman of National BLSA. Panel Discusses Issues in Reproductive Technology On Tuesday, February 28th, the Association of Women Law Students and the American Medical Women's Association jointly sponsored a panel discussion concerning the medical and legal aspects of reproductive technology. The panelists consisted of two physicians whose practices emphasize fertility problems and two lawyers who are membersof the New York State Bar Association's Special Committee on Biotechnology and the Law. Dr. Ronald Bart, a clinical assistant professor of gynecology at SUNY-Buffalo's School of Medicine, described and illustrated by a slide presentation, new surgical techniques designed to eliminate endometriosis, a common cause ofinfertility in women over 25. Dr. Joanne Sulewski, the director of the women's health clinic at the V.A. Hospital, emphasized new developments in drug therapy. They also outlined the options in reproductive technology that are available to infertile couples such as test tube babies and surrogate motherhood. by Jennifer Latham Staff Writer Grace Ange and David Siegel discussed the legal aspects of current trends in reproductive research such as experimentation with fetal tissue and surrogate parenting. Ms. Ange, who is the chairwoman of the New York State Bar Association's Special Committee on Biotechnology and the Law, provided an example of the issues and questions that have arisen concerning the use offetal tissue. She described a situation involving a woman in California whose father was suffering Alzheimer's disease. Since certain types of patients treated with applications of fetal tissue have shown improvement, this woman wanted to be artificially inseminated with her father's sperm, produce a fetus, and abort it so that the tissue could be used to treat her father. As far as Ms. Ange knows, this experimental treatment was never performed. The woman could not find a physician who was willing to perform the procedures. The proposed mode of treatment raises basic questions concerning the use of fetal tissue. Who owns fetal tissue? Who ought to say how fetal tissue should be used? Should tissue that results from abortions be used for experimental purposes? Do you need the mother's consent? Should women be paid to produce fetal tissue for use in treatment? Ange questions who ought to have the right to determine the appropriate medical treatment for a potentially viablefetus. If medical technology is able to keep a three month old preemie alive outside a mother's body, should she be able to say that she wants an abortion and does not want the baby to live? Ange emphasized that these sorts of questions should be addressed before a test case arises. The law has dealt with questions of gestational ownership. Ange cited a French case that occurred in the 19705. A young man, who had arranged to have sperm frozen before treatment for testicular cancer, had died. His wife and mother wanted the sperm so that his wife could be inseminated and be able to have his child. The sperm bank refused, claiming that his sperm was not property to be inherited. The bank further added that nothing in the contract he signed specified what he intended. The contract would not have indicated any intent to designate the sperm to his wife's use since he signed the contract before he married. The court eventually awarded thesperm to his wife. Unfortunately, however, she has not been able to have any of his children. Ange and Siegel also stressed that issues concerning surrogate motherhood, like those concerning fetal tissue and gestational material, should be addressed be- tion.Few states have laws regulating surrogate parenting. The rights that a surrogate mother ought to have need to be clarified. Ange suggested allowing the surrogate the right to abort the child and the right to keep the baby if she changes her mind after birth. Siegel asked how a surrogate mother's misconduct (e.g. taking drugs) ought to be considered. He Ronald Batt, M.D., Grace Marie Ange, Esq., David Siegel, Esq., Joan Sulewski, M.D Steven Wear Ph.D. fore large numbers of test cases arise in the United States. Surrogate parenting has arisen in response to infertility. Siegel stated that over the past 10 years, at least 1,000 children have been born to surrogate mothers. Banning surrogate parenting, according to Seigel, will not prevent the practice. Approximately eight states and countries such as Israel have banned this type of parenting. There is an increasing interest in surrogate parenting, especially in the United States where the number of healthy infants available for adoption is not meeting the demand. Surrogate parenting can be done without the intervention of doctors and lawyers and can be a process amenable to exploita- stated that if a surrogate mother is to be paid, she should be paid for carrying the child rather than producing a healthy baby. He described a number of problematic cases that have occurred, such as a child with AIDS born to an improperly screened surrogate mother who had a history of drug abuse. Both the surrogate mother and the contracting parents have refused custody of the baby. Who should be responsible for this child? There are many legal and ethical questions that need to be answered in relation to the new reproductive technologies that are currently available. Videotapes of the panel discussion are available in the audio-visual department of the library. March 15, 1989 The Opinion 3 �IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. So, you've made a mistake. If you were lured into another bar review course by a slick sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check) and you will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 4 The Opinion March 15, 1989 �Common Council HoldsPolice Brutality Hearing by Jim Monroe In late January, Buffalo Common Councilman James Pitts chaired public hearings on the increasing number of police brutality accusations. Although these hearings were not well advertised, about five dozen people showed up to give public testimony concerning their personal experiences at the hands of the Buffalo Police Department. At the outset, many in attendance seemed a bit skeptical of the second-hand stories they'd heard about minorities and students being assaulted by the police for no apparent reason. A lot of people thought that Buffalo might have one or two excitable boys on the force, but not a problem to the extent Florida has. The first few people to testify did little to change this point of view. They were young, burly black men who professed innocence to any crime and said that the cops had been picking on them and had slapped them around a little. Nobody seemed particulary outraged when Common Council member Norm Bakos attacked their credibility. He asked them why they'd pleaded guilty to resisting arrest, (the judge told them to in exchange for an ACD), and why they hadn't sued the city, (part of the ACD deal is a waiver holding the city faultless in its arrest and prosecution of the case). A Common Council member asked Assistant Corporation Counsel, Russell Sciandra, if the city could do that and Mr. Sciandra replied that he couldn't answer that without writing the council member a brief. After a few private citizens spoke, an NYCLU lawyer told of a couple of fourteen year old African Americans who were stopped in a stolen car. Witnesses at the scene claimed that, as the passenger in the stolen car got out, the cop in the passenger side of the police car ran up behind the fourteen year old and shot him in the head, killing him. Council member Bakos asked if the other boy had been found guilty of theft and seemed pleased when answered in the affirmative. He then informed the female, black NYCLU attorney that he was questioning her testimony "lovingly." Chairman of the committee, James Pitts, requested that the NYCLU lawyer submit the remainder of her testimony in writing after shehad mentioned aboutten cases. Bakos then directed a show of indignation at the lawyers of this town for not taking these cases pro bono or on contingency and clearing the air. Next, a very articulate, credible Kenyan man named Gezu testifed that he'd been arrested and brutalized three times by the same cop who insisted on calling him Zoo. These beatings occurred whenever this policeman would see Gezu driving down the street. Gezu brought in physical evidence, a bloody shirt and pictures of his face after the arrests, to illustrate his case. Norman Bakos asked the Ass't Corporation Counsel Sciandra, (who seemed to pay littleattention during the proceedings unless his name was shouted out), if any police had ever been convicted of any of these crimes. Sciandra replied that the Grand Juries had failed to indict any of the charges whenever the D.A. brought them. Bakos asked Mr. Sciandra if the Grand Jury was a group of citizens and Mr. Sciandra answered that it was just like any University ofBuffalo Initiates Asbestos Abatement Program Between April 14 and October 1, 1986, three teams of inspectors from Hall-Kimbrell Environmental Services, Inc. conducted asbestos inspections .of some 1,400 buildings in 37 colleges and universities in the State University of New York (SUNY) system. With studies confirming the health risks associated with the inhalation of asbestos fibers, and in order to determine the severity and potential health risks associated with asbestos used in the construction of its facilities, SUNY retained the services of Hall-Kimbrell Environmental Services, Inc. in 1985 in order to initiate a three phase program for asbestos control and abatement throughout the University system. by Daniel Ibarrondo Cruz Editor-in-Chief THREE PHASE PROGRAM The three phase program consisted of (1) conducting five regional training seminars dealing with asbestos repair and training techniques, (2) conducting a system-wide asbestos assessment study encompassing some 1,400 facilities at 37 universities and colleges and (3) the development of an asbestos abatement program. Leonard Borzynski and Dave Lytle of the University at Buffalo Department of Environmental Health and Safety spoke to a small gathering of mainly faculty, secretaries and administrators about the asbestos level in O'Brian Hall. It had been determined from samples of air taken between February 1988 and February 1989 that a safe level of asbestos exists in the air in various locafaggs throughout O'Brian Hall. Although*?fip6amples show the amount of asbestos fibers is below the Occupational Safety and Health Administration (OSHA) standards of 0.2 fibers/cubic centimeter (cc), second floor samples read .060 fibers/cc, fifth floor samples show a level of 0.010 fibers/cc, and seventh floor samples show .003 fibers/cc, a potential risk exists when asbestos containing materials is disturbed. ASBESTOS USE AND RISKS The vast majority of the SUNY's facilities were constructed during the mid-1960s and early 19705, the period during which it was common practice to use asbestos as a fireproofing material for building structural components and for decorative/acoustical purposes. The potential of an asbestos-containing product to release fibers is dependent upon several factors, including its location and its degree of friability. The United States Environmental Protection Agency (EPA) has defined a friable material as one that can be crumbled, pulverized, or reduced to powder by hand pressure and therefore, is likely to emit fibers when disturbed.The fibrous or fluffy spray-applied asbestos materials found in many buildings for fireproofing, insulating, or decorative purposes are generally considered friable. Leonard Borzynski, Industrial Hygenist, stated that the reason that a lot of renovation isn't done at O'Brian Hall and elswhere is because of the risk of disturbing asbestos. The Hall-Kimbrell report cautions however, that the mere presence of asbestos does not indicatethat a health risk exists. Conversely, only areas that have been damaged and are in poor condition exhibit a potential health risk. HEALTH RISKS Friable asbestos is not a hazard unless it is disturbed. Sticking a pencil in an asbestos sprayed ceiling, for example, or removing ceiling tiles are possible ways of disturbing asbestos containing materials. This type of disturbance can create a problem because the asbestos is then freed from the asbestos containing material and allowed to enter the pulmonary system. For non-smokers, the potency of asbestos is greatly diminished. Inhaling asbestos fibers can result in asbestosis, a pulmonary fibrosis (scarring of the lungs). Asbestosis is a different disease to confirm diagnostically, because the symptoms of the disease are virtually indistinguishable from those of other pulmonary fibrotic diseases such as emphysema, blacklung, etc. Victims usually develop symptoms approximately twenty years after their initial exposure because (See Asbestos, page 7) other jury. Then Norman Bakos asked, "If the D.A. brought the indictment and the Grand Jury rejected it, weren't the cops innnocent?" Mr. Sciandra confidently answered "yes." The NYCLU lawyer tried to interject that the Grand Jury is not selected the same way a trial jury is, with both sides questioning the prospective jurors, and that it usually consists of white, middle class housewives with time on their hands. Before she could explain what every first year Criminal Law student knows, (that a D.A. has so much control in secret Grand Jury sessions that he can bring a case to the Jury for political reasons and purposely fail to have it prosecuted), Bakos jumped up and yelled, "are you telling me that the Grand Jury system is somehow corrupt?" The audience immediately shot back, "YES!!", and Councilman Pitts called to restore order. Bakos seemed incredulous that a Prosecutor would not wholeheartedly pursue a case against the men in blue who provide him all his information and maintain his power. The next witness was an upper middle class black woman whose daughter had sustained permanent injuries to her throat and kidneys and lost her Connecticut State Trooper candidacy due to a misunderstanding. This woman and her daughter had been travelling on the subway when a white woman lost control of her senses and began swinging her purse wildly, eventually losing her balance. The daughter bent over the white woman to help her when two policemen arrived to see a young black woman stooping over a sprawled out white woman. The cops proceeded to pummel the black woman bloody with their night sticks and when the mother attempted to intercede they smashed her in the nose. The two women were then incarcerated for resisting arrest and not taken to the hospital for eight hours. Later the daughter pleaded guilty to harrassment in order to get an ACD and get out of jail. This "conviction" ruined her job status. The mother refused to sign the ACD or the waiver and is presently suing the city. Councilman Norman Bakos interjected and saidthat the city had never been sued for police brutality before. Councilman David Collins corrected him and said that the city had lost one giant lawsuit, settled two out of court, and had an unprecedented number pending. The large lawsuit was the $25 million dollar lawsuit in 1977 by the family of Richard Y. Long, who was beaten to death by two off-duty Buffalo policemen. Many other law abiding citizens testified, including a UB «tudent who was literally tortured and had to choke back tears recounting an episode in the police headquarters elevator which led to immediate hospitalization. Another man spoke of being thrown naked into an air conditioned jail cell after having been beaten bloody. A local business owner and Griffin supporter told of seeing the cops beating a mentally incompetent man and asking them to desist, resulting in his own violent arrest. Odds are that this is just the tip of the iceberg. Many people refuse to come forward out of fear, many are obviously humiliated by their experiences, and most people don't even know about the hearings. On February 6th Mayor Griffin, who refused to attend the hearings, asked that the investigation be closed. He stated that there is "no police brutality problem in Buffalo you want a police problem, go to Miami." On March sth, the Buffalo Magazine ran a cover story on local attorney and UB graduate, David Jay, who said, "I've filed more brutality complaints in the last 12 months than I did in the previous 20 years. The elevator in police headquarters must be greased with vaseline, so many people are falling down and hurting themselves." Councilman James W. Pitts' office was contacted by The Opinion on March 7th. He said that transcripts of the hearing are a matter of public record and can be found by calling Lenny Scolina at 851-5441. Councilman Pitts promised to keep the investigation alive despite opposition from the mayor's office and reiterated that internal police investigations are not effective. — Entertainment Law Society Hosts Media Law Event Can the practice of law be fun as well as challenging and interesting? Well, that's what media lawyers Jim Kane and John Robshaw claimed at the latest session of the engaging Entertainment Law Society (ELS) lecture series. By Lenny Cooper Staff Writer In these times of increasingly complex and specialized practice of law, James F. Kane, Jr. of Damon and Morey, spoke of his fun-filled twenty-eight years of lawyering in the field of Communications Law. Kane has represented Channel 2 TV of Buffalo for the last twenty years. His work has ranged from petty vandalism problems to whether or not Channel 2's weatherman would be allowed to work at that station. He feels that legislation has been an aid to his work. "The current status of the libel laws in this country and in this state make the practice of law as a media consultant a joy. The pendulum has swung to the side of the media." Kane said that because of the libel laws it is almost impossible for a public figure, and extremely difficult for a private person, to win a libel suit. Speaking of the newly passed Cameras in the Courtroom Act, Kane felt that a wide number of opportunities have been opened up for media lawyers. Kane pointed out a downside of televising cases in describing a case he handled where a witness was afraid to testify in a televised courtroom against local hoodlums forfear that she would suffer retribu- tion at the hands of the defendants' cohorts. The court allowed the cameras to stay in the courtroom, but ordered that her face not be shown. In another case, a camera-shy lawyer refused to work in the spotlight and settled his case on not so favorable terms solely to avoid the cameras. Kane went on to talk about the effects of Section 79H of the Civil Rights law, the "Newsman Shield" law. Kane handled one of the first applications of this law back in 1971 when he defended newsman Stewart Dann. Dann had been covering the Attica prison rebellion and was chosen by the officials and prisoners to bring their case to the public. In the prison, Dann witnessed a "kangaroo court" which condemned two inmates as being against the rebellion. These two inmates were later discovered dead. Dann was subpoenaed to testify concerning what he had witnessed but he refused. Taking its cue from the famous Brandenberg case, where the United States Supreme court ruled that a newsman has no privilege from compulsory testimony under the United States Constitution, the New York Court of Appeals ruled that only confidential communications to a reporter were protected. Kane pointed out that the New York court recently backed up this ruling but did allow another form of constitutionally protected "speech": topless dancing. John P. Robshaw, Jr., the senior partner of Robshaw, Abramowitz, and Tobia, P.C., followed with an interesting overview of the radio and television industry. (See Entertainment Law, page 7) March 15, 1989 The Opinion 5 �OPINION ifST STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 15, 1989 Volume 29, No. 11 Editor-in-Chief: Daniel Ibarrondo Cruz Staff Managing Editor: Donna Crumlish Features Editor: Andrew Culbertson Business Manager: Maria Rivera News Editor: Alexei Schacht Layout Editor: Damon Scrota Photography Editor: JeffMarkello Editorials Lawyers Should Thrust Themselves Into The Agonies Of The Times The great civil rights attorney Arthur Kinoy recently spoke at the law school and described in alarming detail the constitutional crisis of our times. Most poignantly he quoted Oliver Wendell Holmes as saying that if you intend to be great, you must immerse yourselves in the agonies of the times. We believe that too few law students contemplate doing this. Most are concerned principally with their own career plans and with maintaining the highest degree of respectability. More should take the other road, the road less travelled of Holmes and Kinoy. It is in the defense of the despised, the disreputable, the unlawyerly and the oppressed that one's best contribution to society can be made. It is precisely where most decent people are cautious and reluctant to become involved that the advocate's greatest service to society can be rendered. We hope that Kinoy's message has not fallen on deaf ears, and that many of us will learn to steel ourselves against the fear of disrepute that deters the majority from speaking out when necessary. Freedom is preserved only to the extent that it is jealously guarded and progressively pursued. Its greatest enemy is conformity and an eagerness to join in condemning the deviant and the underdog. We are proud of the law school's stand on gay rights, and we hope that it will continue to speak out on behalf of others who are unjustly stigmatized or scorned. It is largely by developing a legal profession capable of reacting in this way that we can hope to ease our country through the crisis that looms. Failure of people to do so could prove costly indeed. With All Deliberate Speed As members of the legal profession, both law students and law professors alike strive to maintain arguments of consistency and internal logic. Most students and professors thrust themselves into the task, ably applying their best efforts to the matter at hand. Yet, a small few renege on their responsibilities. When one student does this, it impacts on him or her in the form of tacit punishment: a 'D' or 'F. When a professor does not perform with all deliberate speed, his lack of feedback affects the fate of many students, sometimes as many as a hundred. Perhaps these one or two who do seem not to care about the anxiety and tension caused by anticipation of a 'D' or 'F have forgotten how they felt as law students when they waited for grades. They may have a good reason for not handing them in. All one can hope for is a good faith effort by all in the pursuit of learning the law. Staff: Bruce Brown, Lenny Cooper, Dennis Fordham, Michael D. Gurwitz, Eric Katz, Jennifer Latham, Alice Patterson Contributors: Ellen Burach, Jim Monroe, Troy Oeschner Copyright 1989. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaperof the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non profit organization, third class postage entered Bt Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. 6 The Opinion March 15, 1989 The Opinion Mailbox: Students Respond To Smith Yes, This Is Radical To the Editor: This is a response to Dave Smith's editorial "And Some Say This is Radical" (Opinion, March 1, '89). Mr. Smith complains about so-called "liberals" in the law school who concentrate on such "frivolous" issues as "banning plastics tuna and animal rights." grapes Unlike yourself, Mr. Smith, I do not exist in a one-issue vacuum. I do not find the issues of protecting the environment, protecting the health of exploited farm work- .. .. .. To the Editor: Although Dave Smith makes a good point concerning the need for an integrated approach to the multiple and diverse problems facing us as a result of racist, monopolistic economic policy, he levels an unwarranted attack on all progressive people. This is the second time The Opinion has published one of his rambling diatribesthat rely on flat labels, unsubstantiated opinion, and cultural prejudice to attack the left. Attacking environmentalists as racists because they do not work on the global issues the way Dave Smith wants them worked on is thoughtless and unprovoked. I'm putting myself in the category of those so labelled because I work on the NLG Grape Boycott and am a director of the Buffalo EnvironmentalLaw Society. I guess Mr. Smith thinks the Farm Worker Grape Boycott is not a racial issue because it concerns illegal aliens and not black law students. I suppose Mr. Smith doesn't bother going to the prisons with the NLG to help educate the 60% black and hispanic population because it doesn't fit his prescription for violent change. I didn't see Dave Smith at the Buffalo Common Council police brutality hearings and I haven't heard him lobbying for any police disciplinary reforms. I've been doing all these things as well as working withthe Coalition Against Bias Related Violence and the Students against Aparthied. I presume Mr. Smith would like me to ignore the capitalist onslaught against the environmnentso I can spend my time lobbying big law firms to admit Dave Smith. No thanks. Jim Monroe ers, protecting the endangered dolphins, and protecting animals from human cruelty to be "frivolous." I have the capacity to embrace all of these issues, and more. It's a shame that you do not. In an obvious reference to my editorial on animal rights, you state that "the liberals in the school are placing the rights of animals before the rights of human beings." What utter garbage! It is an unfounded conclusion which only serves as a vain attempt to bolster your misguided, self-centered argument. By your logic, Mr. Smith, any issues other than racism, like women's rights, gay rights, and torture in Latin America, are frivolous simply because they do not address your own particular concerns. Wake up, Dave. Racism is not the only problem in this world. If you could manage to drag yourself out of your moral tunnel vision, you would see that all forms racism, sexism, homoof oppression are interphobia, speciesism, etc. related. The same power structures and attitudes which subjugate people of color also treat women as objects, gays as evil, and animals as test-tubes. You cannot address one form of oppression without examining the other, particularly in your own life. To do so is truly the sign of a "phony liberal" and perpetuates the fragmentation and ineffectiveness of the Left. To paraphrase your own article: when blacks and whites and women and men join togetherto fight all forms of oppression, then this country will learn what revolution is really about. And by the way, Mr. Smith, I'm not a liberal. I'm a leftist radical Sincerely, Michael D. Gurwitz Ist year — — Edit, Edit, Edit To the Editor: A response to Gary B. Ketcham: Gary there's another word that all writers seeking excellence should know edit, edit, edit. Also a suggestion for exam taking use smaller words they're faster to write. Barb Gardner — — — — Student Looks At "JAG Corps Issues" (This is an open letter to University Pres- ident Stephen Sample). Dear President Sample: This letter is in response to your reinstatement and legitimization within the law school community of groups with outrageous discriminatory hiring practices. Having been in law school for nearly two years, one thing I have learned is the difference between a smoke screen and the substantive issues involved in a case. Your purported jurisprudential concerns of 1) jurisdiction, 2) whose interest the school is serving, and 3) whether the university has the authority to ban organizations with outrageous discriminatory hiring practices (as reported in the Spectrum on 2/22/89) are nothing more than smoke and mirrors. The real issue in this case is whether the university has the courage to stand up for the principal of "equal protection under the law" —for human rights. Before I answer your jurisprudential questions, let ustake a good hard look at the law nondiscrimination policy and at the first group sanctioned by its provisions— the Judge Advocate General (JAG Corps). (For the uninitiated the JAG Corps is the legal branch of the armed service.) The JAG Corps refuses to hire lawyers who are either physically handicapped, over thirty five years of age, or who are homosexuals. Pyschologically you can be a powder keg or outright insane and not be preliminarily excluded from employment. If you are thirty six years old, how- — ever, forget it you are automatically excluded even if you're ranked number one in your class. The same is true for handicapped or gay people. As a matter of constitutional analysis there is no rational relationship between the discriminatory classifications and any stated governmental objective. Certainly, there are many poppycock justifications for the discrimination. My all time favorite is that if you let gay people serve as lawyers in the armed forces they will be susceptible to being "blackmailed" (a racist term but univerin turn, sally understood) which, threatens national security. In reality the exact opposite is true. If you are gay and want to be in the JAG Corps you simply don't tell them about your sexual preferences. However, then you are susceptible to blackmail because if the JAG Corps finds out you will lose your job something no one wants to have happen to them. The whole problem would be avoided if the discriminatory classification simply did notiaxist. It makes me wonder how many tirril/s national security has been breached because of the existing discrimination. To this day I have yet to hear any justification which supports discriminating against the aged or handicapped, let alone gay people. They are hiring lawyers not a macho SWAT team. Now let's take a look at your supposed jurisprudential concerns. 1. Jurisdiction. You claim the law school has no right to ban an organization from corn- — (See JAG Issues, page 11) �More From The Opinion Mailbox . . . Students Claim that Faculty Statement Chills Conservative Speech Dear Editor: There is a little dirty secret here at UB Law School. Probably many law students, in particular 2nd and 3rd years, will remember the "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment" adopted by the law faculty on October 2, 1987 in response to acts of harassments against certain law students. Beyond providing severe academic sanctions for an individual committing such acts, the statement also provided that "racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty, wherever and however they occur." At the time, many students, including Thomas L. Jipping and Kenneth D. Neeves, spoke out strongly against this infringement on the freedom of speech guaranteed by the First Amendment to the U.S. Constitution. They correctly criticized the statement as "the antithesis of its title because it prohibits, rather than tolerates, speech with which it might disagree" and the "chilling effect" it would have on speech in the law school. In addition, UB Law School was the subject of national media derision (see Nat Hentoff, "A Law School Flunks the First Amendment") and scorn by then Secretary of Education William J. Bennett who promptly criticized the school as a haven for "left-wing intolerance to conservative viewpoints." Dean David Filvaroff, who replaced InterimDean Wade Newhouse in the Spring 1988 and thus had no hand in the statement's development, was quoted in a Buffalo News article on April 19, 1988 that "the policy would be clarified so that students did not have to worry about being penalized for expressing what may be unpopular ideas." As a result, Dean Filvaroff formed a committee with the responsibility to revise and clarify thefaculty's statement by early Fall 1988; however, in the meantime, the statement would remain in force unchanged. Not surprisingly, we have heard nothing from this committee. Where is this promised revision? It will be almost a year since the Dean made that promise to the students and general public but, to date, he has failed to honor that promise. He has failed to produce even a single draft revision of the statement. What is Dean Filvaroff waiting for? Perhaps (hypothetically speaking, of course), Dean Filvaroff hoped the controversy would subside and the students would forget about his promised revision, and thereby the faculty could continue using the statement to condemn students making verboten remarks. Therein lies the dirty little secret. Unfortunately for the Dean and the faculty, we have not forgotten his promise. In response to observations made by Messrs. Jipping and Neeves about the statement's "chilling effect" upon speech, Mr. Newhouse in his April 14, 1988 article in The Reporter launched a venomous ad hominem attack against Mr. Jipping for even alleging such an effect. Yet the statement's "chilling effect" on speech continues to this day. For example, many of you will remember our involvement in seeking (and ultimately achieving) the rescission of the faculty's resolution barring the JAG from using "law school facilities." During the many debates, one of our colleagues asked us for our personal opinions about homosexuality. Because this statement remains in effect, we were unable to express our opinion for fear that such opinions might be subject to "open and swift condemnation." Yes, Mr. Newhouse, there is a "chilling effect." As Justice Brandeis noted in his concurrence in Whitney v. California about our Founding Fathers and the notion of freedom of speech, he stated, "Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law the argument of force in its worst form." We here at UB Law School still labor under a silence coerced by the faculty and Dean. Therefore, we now call upon the Dean to honor his promise made to the students and public nearly one year ago and come forth with his revision of the faculty's statement. Let's return the First Amendment back into the classroom here at UB Law School. John S. Wiencek IL, Section 3 Daniel P. Majchrzak, Jr. IL, Section 3 — Commentary... Provost Greiner Unsympathetic To Concerns of Students statement on the merits of the issue," said by Troy Oechsner Law student leaders held a heated discussion with Provost Greiner over the administration's recent decision to overturn the law faculty's policy of prohibiting use of Career Development facilities or services by employers who discriminate on the basis of disability, age, or sexual orientation. Students expressed dismay over the meeting. "If this first meeting is any indication of the administration's attitude, I am not a happy camper. I guess Mr. Greiner showed usthattheadminstration cares as little about student input into university decision-making as they do about ending employment discrimination at the school," said Jim Monroe, student leader of the National Lawyers Guild. "Not only did he refuse to acknowledge any of our very reasonable requests," continued Monroe, "he was patronizing and rude." According to Lisa Morowitz, Editor-inChief of In the Public Interest law journal, the law student Employment Anti-Discrimination Coalition first requested an end to ÜB's support for employment discrimination by reinstating the Law School policy and adopting it on a universitywide basis. "No way," said Greiner in response to the student request, "I'm not here to make deals." According to Morowitz, the students had several other requests which were similarly dismissed. "We simply asked (the Provost) to clarify the administration's policy by way of a public written Morowitz, "for some reason he had problems with this." Greiner explained, "This is only a jurisdictional question. It has nothing to do with the merits." he continued, "We'll have to see what SUNY Council says about this. But I'm not in a position to explain anything right now, on the merits." However, claims Morowitz, students did not agree with Greiner's contention that this is just a jurisdictional issue. "There is a reasonable claim that the current UB policy of allowing employers who discriminate such as the military is legally valid under the supremacy clause. But there is an equally valid legal claim that state law prohibiting employment discrimination practiced by the military should apply," said Morowitz. "All we want to know is why the administration seems to be choosing to allow discrimination when it could be making a legally sound decision to prohibit discrimination." Students later requested that Greiner explain what the administration is doing to arrive at a final decision. Students asked the Provost what criteria are being used to make the decision, what opportunities there will be for student input, and what will be the expected timeline for any decision. "Again, that's up to the President (of the university). I can't give you any guarantees. We will listen to your concerns, but I'm not in a position to say anything about timelines, No." responded ' Greiner. . BUS TO WASHINGTON, D.C. for WOMEN'S REPRODUCTIVE RIGHTS MARCH April 9, 1989 DEPART: Saturday, April Bth; 10:00 P.M. RETURN: Monday, April 10th; Approx.4A.M. , PARTICIPANTS ARE URGED TO WEAR WHITE Assemble on the Mall near The White House in Washington D.C, alphabetically by state by 10a.m. • • • • Sunday, April 9th. Look for your local chapter or delegation. Rally concludes by 5 p.m. Wear comfortable walking shoes and warm clothing Bring your own non-perishable snacks, drinks, pillows ! I^,l = ; v|d mwjfef tfi^j n>l L \ j!j|'4fc j j \WI3JuV t ,!ia "W BUjliMlk rji. Ij[f__ "How can you say you'll listen to our concerns?" asked Nathaniel Charny, of the NLG. "You keep interrupting and you didn't even bring a pad to write any of our concerns down," said Charny. Greiner admonished students at several points in the meeting. In one instance he was upset at students for placing a tape recorder in the middle of the table without first asking his permission. Students also asked if the Provost would help arrange an opportunity for students to meet with UB President Sample, but were again rejected. "You'd be better off asking the President yourself," said Greiner. "We plan to do just that," said Morowitz at the conclusion of the meeting. Accord- ing to Morowitz, law students are linking up with undergraduate and graduate students to organize around this issue. Apparently, the law students have made a good start. Present at the meeting with Greiner were representatives from: the National Lawyers Guild, the Lesbian and Gay Law Students Organization, the Student Bar Association, 504 (Handicapped Law Students Organization), Association of Women law Students, Buffalo law Review, In the Public Interest, Latin American Law Students Association, the Buffalo Public Interest Law Program, the Environmental Law Society, the Labor Law Society, and the Jewish Law Students Association. . Entertainment Law "It's major bucks!", said Robshaw as he described multimillion dollar transactionswhere investors doubledand tripled their money in less than two years. Robshaw pointed out an upside of this situation for lawyers where fees of twenty to thirty thousand dollars are not unusual. Robshaw described the colorful on-theair people he comes into contact with in working for radio stations. "They're off the wall. They may sound nice on the radio, but you don't want to have them at your house for dinner! But that's the fun part." Robshaw is currently negotiating for his radio station client WGR to try to acquire broadcast rights to the Buffalo Bills. His latest success was getting the Buffalo Bisons over to WGR for the upcoming season. Buffalo Environmental Law Society Valeric Moliterno of the League of Women Voters March 16 at 12:30 p.m. Brown Bag Lunch "Detoxifying Your Home Environment" 4th Floor Student Lounge n,_ ,„ BUS TICKETS ARE $20.00 CASH, AND ARE BEING SOLD OUTSIDE THE LAWLIBRARY. BUSES LEAVE FROM AMHERST CAMPUS, SATURDAY, 10:00 P.M. AND RETURN HERE MONDAY, 2:00 A.M. Sponsored by: Association of Women Law Students SA Women's Affairs \ MS Seventh Avrnw. Salic 61 New York, New York 10001 <ll 1> 494)694 (201)61) 1)63 > from page 5 "It's fun. It's neat. It's pizazz. It's a bunch of cracko people who are on the air. The management people are generally hardnosed people. But once you get it running well you can make a lot of money in this business." It is also, evidently, a fast paced business. Kane told the story of a radio personality whose station lost its license on a Friday afternoon. The station he represented anticipated this action and sent a representative out to the area. "The United States Supreme Court acted on Friday and we had [her] back here and under contract the following Monday." The ELS lecture series will continue throughout the semester. Asbestos from page 5 of the progressive nature of the disease. The greater the exposure to asbestos, the greater the deterioration of the victim. FIVE PART PLAN SUNY has begun a five part plan to deal with asbestos containing materials on campus. This consists of (1) removing immediately the asbestos that poses the highest danger to the greatest amount of people, subject only to funds from the NY State Legislature, (2) removal of asbestos in areas currently being renovated, (3) training personnel in asbestos removing/ precautionary measures, (4) providing additional training for anyone removing replacing or touching asbestos, and (5) providing additional information for all employees and students. Although the asbestos level present in O'Brian Hall has been determined to exist at a safe level, precautionary measures should be taken by all faculty, personnel and students in not disturbing, puncturing or removing ceiling tiles or wall boards that may contain asbestos materials. March 15, 1989 The Opinion 7 �Faculty Student Association Tables Grape Boycott The FSA board disappointed the progressive movement here at UB on Tuesday, February 28 by voting 5 to 4 to table a resolution to boycott grapes in support of the United Farm Workers and their struggle to protect themselves and American consumers from dangerous pesticides. Joe Brennan, chairman of the FSA subcommittee which studied the proposal to boycott grapes and a graduate student representative on the FSA board, recommended that the board adopt the proposed resolution "to show our support and concern about the issue of pesticide poisoning of consumers and workers in our country." by Bruce Brown Staff Writer Mr. Brennan then moved that the FSA approve the declaration which would have instructed food services to "refrain from purchasing and serving table grapes until the misuse of pesticides is corrected." During the debate that followed the motion, Don Hosie, the director of food services, argued against the proposal and maintained that "there's an awful lot of whereases (that) as a member of the committee I would question the validity of. I think you can accomplish the same purpose by using fewer whereases and not be subject to possibly accepting some statements made that lack documentation." Mr. Brennan then asked Mr. Hosie "which (statements in the resolution) would you propose that we strike?" Mr. Hosie replied: "I I haven't looked at it" (the resolution). Declaring that all he had heard was "a lot of talk" committee member Dr. Howard Foster used a parliamentary procedure to delay the vote by moving to table the motion and instruct the committee to prepare a report on "the question of . ... whether in fact these pesticides are making people sick." The FSA recently tested some of the Chilean grapes it has been serving the students here at UB and found the presence of a known carcinogen, Captan, which has now been banned in the United States. Chile also allows its grapegrowers to use DDT, a pesticide banned for use in the U.S. in 1972. California grape growers use over 8,000,000 lbs. of pesticides per year, one third of which are known carcinogens. Many of the pesticides used have an oil based and cannot be washed off by consumers. One out of four Americans (60 million people) can expect to contract cancer during their lifetime. Most of the cancers are thought to be a result of diet and tobacco use. Pesticides on fresh and processed foods may account for an additional 1.46 million cases of cancer among Americans over the next seventy years. 80% of the Faculty Candidate Gerber Meets Student Body On Thursday, February 23rd, as part of the "Meet Faculty Candidate" Series, Education Law Clinic instructor Judith Gerber spoke with two groups of law students as part of her quest to gain a tenuretrack faculty position here at the law school. By Alexei News Editor particularly interested in what she termed "systems of protection" as a field of study. In this vein, she asked, what happens when a traditional "oppressor," the state, becomes a protector? .. . Schacht Ms. Gerber has, since the Fall of 1987, been supervising students who are helping handicapped school children assert their rights. Her goal is to create a family law clinic "with some emphasis on women's issues." This goal, combined with her interest in "legislative reform" and "group representation," led Ms. Gerber to mention aiding women's groups representing rape victims as a possible area of clinic activity. Ms. Gerber went to Princeton University as an undergraduate, where she majored in history and wrote her senior thesis on "Fugitive Slavery in Boston: 1851-1854." She is also a 1984 magna cum laude graduate of U.B. Law School. Having gone to school here, Ms. Gerber feels that she has a "stronger understanding of where you (U.B. Law Students) are ." . But, Gerber does feel that the "fundamental mission of law school is to create lawyers not scholars, not sociologists." In this regard, Gerber's own experience working as a law clerk for two years at the New York State Court of Appeals, and for a year as an associate at McNamee, Lohner, Titus & Williams in Albany, should prove helpful. Faculty Candidate Judith Gerber Ms. Gerber, who taught Legal Methods as a second year student and was a Teaching Assistant for Civil Procedure in her third year, won the Law Faculty Award for Excellence in Teaching upon graduation. Teaching Legal Methods was a "really wonderful, wonderful experience," said Gerber. She clearly has enormous enthusiasm for teaching and laments the fact thatthere is no place on campus more amenable to "daily interaction" between teachers and students. As such, Gerber said that "one of my priorities is to be accessible" and to "share in things that go beyond just class." Ms. Gerber said she hopes to be able to combine research with teaching and is TACHROESNATION One of the good things about a family law clinic, Ms. Gerber pointed out, is that most areas of the clinic would deal with problems that can be dealt with in one semester. This, according to Gerber, is due to the fact that there is "often a sense of urgency in Family Court that you won't find in Supreme Court." That way, students will be able to see cases through to completion. Toward the end of the day's seconddiscussion Ms. Gerber best summed up her interest in the Law School by saying, "I enjoy teaching. That is really my priority and my love." the day before was Eleanor Bumpers, tomorrow the next victim may be one of us." With a marker, the quote was underlined and stuffed into the author's mailbox with a commentary endorsing the racist murders as "Good". ( The Commentator, vol. 23, no. 10,.February 23, 1989, pp. 2, 3) University of Chicago Law School News Briefs Western New England In an open letter to the administration regarding on campus recruitment by various branches of the armed forces, the National Lawyer's Guild chapter of the Western New England College School of Law attacked the law school's recruitment policy. Law school administrators apparently told first year classes at the beginning of the school year that it would not tolerate homophobic behavior within the law school community. It was deemed to have been a voluntary statement. The NLG, in their letter, challenged the law school's advocacy of a policy it will not, according to the NLG, enforce. The NLG seeks to have the law school ban any organization's recruitment if it will not sign a statement of non-discrimination against minorities, women and homosexuals. In addition, the NLG position states that the law school could require an organization, believed to discriminate, to produce evidence that it does not discriminate to the satisfaction of the law school. This latter position has drawn harsh responses from the student body. 8 The Opinion March 15, 1989 (Lex Brevis, Vol. XVII, Issue 8, January 26, 1989, p. 4) New York University New York University law students expressed their outrage over the lack of initiative taken by Dean John Sexton to take steps to state his moral outrage at the insults perpetrated on persons of color. Last year a Women of Color brochure was defaced and most recently a Jesse Jackson poster was burned while on a resident's apartment door. Apparently, Dean Sexton has not taken any action against these and other acts of a racial nature. A hundred law students signed a letter asking Dean Sexton to act upon these issues. On Thursday, January 26, 1989, an article written by a Latino law student appeared in The Commentator regarding the death of Juan Rodriguez. The article also included other incidents of racial violence. In the article, a spokesperson was quoted as saying, "Remember, yesterday was Juan Rodriguez, The University at Chicago Law School barred the world's largest law firm, Baker & McKenzie, from recruiting on campus for a year, as a result of a student's complaint of racist, sexist and anti-Semitic slurs by a partner during a job interview. Harry O'Kane, a partner in Baker & McKenzie for over 20 years, asked Linda Golden, University of Chicago Law School student, during the inverview, how she would respond if she were called a "black bitch" or a "nigger" by a legal adversary. While discussing her activities in which she told Mr. O'Kane that she played golf, he responded, "Why don't blacks have their own country clubs?" and concluded that "the reason blacks don't have country clubs is that there aren't too many golf courses in the ghetto." In a letter to Geoffrey R. Stone, the law school's dean, Ms. Golden stated that Mr. O'Kane went on to observe that "Jews have their own country clubs but that he never wants to belong to a Jewish country club, but at least they had their own." Baker & McKenzie, one of the world's leading international firms with offices in 31 cities outside the United States has been barred from recruiting on campus for a year. Robert W. Cox, chairman of cancer cases associated with pesticides involve consumption of raw foods. The EPA is in the process ofreassessing the tendency of pesticides already licensed and in use to cause tumors, abnormal growth, and cancers. However, by the EPA's own estimate they will not have accurate data on all pesticides until the year 2021. The student chapter of the National Lawyers Guild and the Buffalo Environmental Law Society would like the FSA to endorse the United Farm Workers' call for a boycott of California table grapes. The UFW estimates that 300,000 farm workers are poisoned by pesticides each year. Their goals for the boycott include joint UFW/grower testing of grapes for pesticide residue, the publication of all test results, and a ban on the five most deadly pesticides. Many of the farm workers exposed to pesticides have little or no understanding of the dangers of exposure. Ramona Franco worked during the first three months of her pregnancy picking grapes known to have been sprayed with pesticides that can cause birth defects. She was told by foremen and growers that the pesticides were safe, harmless "medicine" for the plants. Her son Felipe was later born without arms and legs. A spokesperson for the CSEA, the recognized bargaining representative of the food service employees at ÜB, stated that the board's action on the grape issue is representative of a twenty-year hostility to the labor movement. The CSEA has officially gone on record as supporting the UFW boycott. The movement to ban grapes from the campus began in March of '88 when Arturo Rodriquez, a United Farmworkers' representative, came to the law school and made a presentation on agricultural workers and pesticide risk. An FSA subcommittee has been looking into this issue since the beginning of this academic year. An NLG spokesperson said that they are steadfast in their support for the boycott as a consumer, farm-worker and moral issue and that the NLG will continue to work with the subcommittee and the board until the problem is resolved. The NLG is encouraging all students to refrain from purchasing or eating grapes. Baker & McKenzie explained that Mr. Harry O'Kane had been trying to determine how Ms. Golden would react as a litigator under duress in a courtroom. Maroon, Law Student Newspaper; Reprinted in part from The New York Times, February 3, 1989) Albany Law School Albany Law School's Summer School welcomes law students who may be interested in enriching their programs or catching up on credits. The Albany area offers students exciting cultural and recreational opportunities. Albany Law School's 1989 Summer Session courses are: Disabilities Law Clinic, Evidence I & 11, Externships, Government Ethics, The Legal Profession, Negotiating, Trusts and Estates, White Collar Crimes and Women and the Law. Many of the practical concerns of the students have been addressed. Courses begin on May 30 and end on July 24 before the New York State bar exam for graduating seniors and well before the fall term for otherstudents. To accommodate work schedules, most classes meet in the early morning or early evening. Early applicants receive a tuition advantage: tuition is $360 a credit if payment is received by April 28; $390 thereafter. Students demonstrating financial need may be eligible for a government grant or loan. Some rooms are available in the residence hall, and a list of other housing is available. For further information, contact Summer School Office, Albany Law School, 80 New Scotland Avenue, Albany, N.Y. 12208; telephone (518) 445-2383. �GETTHE KAPLAN -SMH ATTENTION U.B. LAW STUDENTS JULY 1988 BAR RESULTS N.Y. STATE 64% PASS RATE KAPLAN/SMH STUDENTS AT U.B. LAW SCHOOL 90% + PASS RATE FOR THE NEW YORK BAR EXAM YOU ONL V WANT TO DO IT ONCE! DO IT RIGHT THE FIRST TIME! Over 100 Centers Nationwide Offering Complete Preparation For The Bar Exams Of: CA, CO, CT, DC, FL, IL, MA, MD, ME, Ml, NH, NJ, NM, NY, PA, Rl, TX, VA and VT |J J| 1 I ™* IIVI ■■ WMM m *** IBAR REVIEXA/ SERVICES y^l^l M' |mA%ll fl I RA [800] KAP-TEST ■«•»■ ■ ■! " I STANLEY H. IT ■ [800] 343-9188 W Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. TonawandTNewYor^SOSgiy (716) 837-8022 ' © 1989 KAPLAN-SMH PRINTED IN USA March 15, 1989 The Opinion 9 �Art Dealers' Lawyer Discusses "Value" of Artworks Gilbert S. Edelson, Administrative Vice President and Counsel for the Art Dealers Association of America, was the speaker at the second segment of the "Art and the Law Lecture Series" at the AlbrightKnox Art Gallery. The title of his lecture was "Art Law and the Booming Art Market." Over the past five years the art market has gained increasing popularity as the media and the public anxiously ask "How much is it worth?" This fact worries Mr. Edelson, who says "The emphasis is on hype which has nothing to do with the appreciation of art and the detriment of fine aesthetic values." Although the public hears of works of art selling at auction houses for five or ten million dollars, Mr. Edelson says this is a poor representation of what is going on in the art market as a whole. Mr. Edelson attributes the boom in the art market to four factors. First there are a great many wealthy people around who are willing to pay the inflated prices that are attached to some pieces of art. Second, there is a heightened interest in art Managing Editor which is reflected in the media, and as the media reports on this heightened interest the interest grows. "The substantial price inflation over the past five years is limited to important works of art by artists of established reputation This is a very small but very important segment of the market." Third, there is a certain social element attached to collecting art and being around those who do. In some cases art is the entry into important social circles. Fourth, people think art is a good invest- by Donna Crumlish .. Grade Chart For Fall 1988 Instructor Atleson Atleson Avery Berger Berger Blum Blum Brown Buckley Carr Cascio DelCotto Ewing Ewing/Halpern Freeman/Mensch Freeman Girth Girth Goldstein Gresens Hager Hager Halpern Headrick Hezel Hurwitz Hyman Hyman Joyce Kannar Course date posted Collective Bargaining (2) Collective Bargaining 12/27/88 1/11/89 Labor Law 1/5/89 Civil Procedure I Research and Writing Civil Procedure I 1/19/89 1/10/89 1/30/89 1 9 8 50 15 2 1 51 13 1/23/89 4 23 95 8 Torts Federal Tax I Criminal Procedure I Remedies Contracts Future Interests Municipal Law School Law Civil Procedure Great Habes Pitegoff Reis Scales-Trent Property 2 Constitutional Law 2 Schlegal Seipp Seipp Corporations Clinic/Immigration Law Immigration Law Trial Technique N.Y. Practice Family Law 1/13/89 1/17/89 12/27/88 2/13/89 1/4/89 1/20/89 1/20/89 1 15 16 4 1/31/89 4 1/3/89 2/15/89 12/27/88** 12/27/88 2/10/89 1/6/89 2/3/89 2/6/89 1/17/89 1/20/89 13 1 3 11 4 21 5 17 1 10 12/27/88 1/13/89 1/20/89 Totals 10 4 10 13 18 798 61 11 1 46 24 7 69 55 2 7 65 16 10 4 6 66 6 8 50 8 17 35 2 43 1 1 16 2 54 47 17 24 22 51 6 6 7 9 57 1 24 40 43 45 23 28 3 1 1 4 2 1 40 2 1,806 84 Due to space limitations grades which seldom appeared such as F and R were not included. Grades compiled by Bruce Brown and Eric Katz. March 15, 1989 3 1 23 13 213 These Grades were not posted as of March 13, 1989: Boyer Administrative Law Steinfeld Corporations The Opinion 1 2 6 18 *One Section of Research and Writing is missing from these totals **Professor Olsen also reported 4 incompletes 10 4 15 3 32 35 1/10/89 2/3/89 2/14/89 2/3/89 4 14 20 15 10 9 8 8 21 1 21 16 12 11 11 15 1 5 40 3 37 3 2/9/89 2/21/89 1/20/89 1/11/89 1/6/89 Federal Tax Reform Financing Small Business 55 15 13 9 1/26/89 12/27/88 65 4 8 1/12/89 1/20/89 1/25/89 2/8/89 2/28/89 2/28/89 19 6 17 3 7 5 12 2/16/89 Administrative Law Federal Tax I Consumer Protection 2 9 11 51 68 24 21 2/13/89 1/20/89 1/17/89 2/14/89 1/4/89 2/21/89 1/18/89 55 19 16 2/13/89 1/13/89 1/6/89 1/24/89 1/17/89 1/20/89 12 5 60 49 10 Judicial Clerkship Research and Writing Worker Ownership Trans. Zimmerman Zuffranieri 10 47 2/6/89 Family Law Feminist Theory Property Swartz Szczygiel Thuronyi Thuronyi 8 13 31 23 38 15 D Q Evidence Legal Research/lnternat'l Law Federal Tax I Criminal Law Criminal Law Antitrust Law Con Law I Comp. Legal Traditions Debtor/Creditor Legal Rights of the Handicapped N.Y. Practice Clinic & Education Law Lawyering Skills Criminal Law Corporate Transactions Clinic/Low Income Housing Insurance Law Intro to Legal Methods Marcus Marcus Staff Sullivan Q* 7 2 11 2/23/89* Planning Law in Practice Race, Racism and Law American Legal History Contracts Case Study, U.S./Dispute Resolution Munger Newhouse Olsen Olsen Olsen Olsen H Research and Writing Coastal & Marine Res. Law Commercial Paper Kaplan Kenyatta Konefsky Konefsky Leary Lindgren Meidinger Mensch Mugel H* ment. In reality only a small amount of art appreciates significantly in value and thus art is not really secure as a financial investment. Mr. Edelson spent some time talking about the deals that occur in the primary and secondary art markets. The primary market is that market which consists of the first sale from an artist to a collector. Usually this transaction takes place through an art dealer. Unfortunately there is a shortage of dealers in contemporary art because it is a high risk business. "Most dealers get their legal advice from their accountants," said Mr. Edelson, as a result there are very few written contracts between artists and their dealers. Often there is just an oral agreement and the few written agreements that do exist are simple and brief. There is no loyalty among artists and dealers which complicates the fact that there is a lack of structured agreements. The secondary market is the resale market. Very few living artists have a resale market for their work; most art declines in value. This aspect of the art market gets little publicity as the inability to sell a work of art doesn't get any headlines. One legal issue that encompasses the secondary market is that concerning royalties. In the last session of Congress Senator Kennedy was the advocate of a measure that would require the payment of royalties to the original artists or their estates (within 50 yr. of the artist's death) upon the resale of their work. This provision did not become law in the last session of Congress but it is suspected that Kennedy will introduce the measure again this session. Proponents of royalty payments upon resale argue that this is an additional source of income for the artist, that composers and authors are paid royalties and that it is unfair that an artist should not share in the appreciated value of his art. Opponents of royalty payments upon resale argue thatthe term royalty is a misnomer. Since an artist sells his or her work outright, the so-called royalties would really be a provision for compulsory profit sharing. Mr. Edelson's last topic was that of auction houses. The selling of works of art in auction houses has been highly visible in the media in recent years but what goes on within the confines of the auction house is often unknown to the public. Auctioneers are regulated by the Office of Consumer Affairs but apparently the Office of Consumer Affairs is on the same side as the auction house. One of the things that goes on in auction houses is called a secret reserve. The secret reserve is a dollar amount agreed on by the auction house and the artist below which a work of art will not be sold. Often the public is left with the impression that a work of art has been sold when in reality it has not been because the top bid did not top the amount in the secret reserve. Auctioneers will often start the bidding between one half and one third of the secret reserve, so that often 75% of the bids at an auction sale are meaningless. Another tactic used by auction houses is known as "bidding off the chandelier." This occurs when the auctioneer ups the ante by calling out bids as if they had been made when in reality they have not. The Commissioner ofConsumer Affairs investigated auction houses and decided to allow the secret reserve and bidding off the chandelier as it was felt they were integral to the nature of auction houses. However one change in the present law occurred. It now must be revealed that a work of art has not been sold if the top bid does not equal that of the dollar amount in the secret reserve. Mr. Edelson closed his lecture by criticizing all of the attention that is focused on the dollar signs that surround the art industry. "The ultimate appeal and ultimate pleasure comes from a response which can't and shouldn't be measured in economic terms, but rather it should be known that the pleasure of looking at art is priceless." �class. I see no problem here as long as your fidelity does not become peripheral. Many people would be thankful to have something that motivates them to go to class (rather than motivation not to go). Hidden fantasies are okay as long as you do not reveal them. (But then they would no longer be hidden, would they?) M.S.P. Miss Social Procedure Ms. Social Procedure Thought-For-The-Day: Love is the triumph of imagination over intelligence. Sincerely, Angered 'L^^^^mmißtnnitmßf/BBBfimmm^^K^K^M Dear Ms. Social Procedure: How would you deal with a friend who is so H-crazed he/she is almost unbearable to be around? Signed, Enjoying the View from the Q-Train Dear Enjoying: Anything you say to your friend must be said with tact because you do not wantto beaccused of jealousy.You could point out to your friend that you are happy just to be in law school. Once we're on that employment train H's are no longer important. Or your could try the ol standby, "shut your caboose, you're driving me nuts." M.S.P. Dear Ms. Social Procedure: What is the proper response to a fellow student who returns to school with an obviously different hairstyle, e.g. a much darker hair color or a much longer hair length? Should one comment on this new look or pretend not to notice the difference? Beauty School Dropout Law School Student Dear Dropout: When someone makes a noticeable change in their appearance they usually appreciate some type of feedback. It's usually safe to say, "Wow, haveyou done something different to your hair? Where did you have it done.?" If you hate the change, you can save your money and make sure you go somewhere else. M.S.P. Dear Ms. Social Procedure: I am a second year female law student who is very happily married. However, I am attracted to a man who is in two of my classes. Although I have no intention of cheating on my husband I have found that this man is my main motivation for going to these classes. Is it wrong that a law school class should serve the peripheral purpose of satisfying my hidden lust for another student? Lusting in Lectures Dear Lusting: It's nice to hear that intellectual stimulation is not your only reason to attend Dear Ms. Social Procedure: I am very angry. I have evidence that my roomate used my bed for a sexual encounter with her married boyfriend yesterday afternoon. I have not confronted her with the situation yet. Can you suggest a polite way to let her know that I will not tolerate this type of behavior? Dear Ms. Social Procedure: Rumor has it that the law school semiformal will be coming up some time in April. I would just love to go with a "certain someone." My question to you is, how do I attract this man's attention and get him to ask me to the semi-formal within the next month? Damned to be Dateless Dear Dateless: It seems like you have had your nose in your casebooks too long and you have missed the last 12 issues of Cosmo. Women of the '80s (almost the '90's) do not have to "get" men to ask them out because they do the asking themselves. Perhaps you could drop subtle hints to this lucky fellow that you are benignly interested in him. Be subtle but direct, especially if he doesn't know who you are yet. Start with friendly hellos in the hall and work your way up to idle conversations. If you establish a foundation he will be ready when you ask him if he would like to go with you to the next SBA bash. Good luck! M.S.P. Dear Angered: Yuck! There is no polite way to deal with herinconsiderate behavior. Tell your roommate that if your bed is going to see any action, it's going to be by you and not her. M.S.P. Dear Ms. Social Procedure: I have found one of the lawyers at the law firm where I clerk to be very handsome, charming, witty, etc. I am attracted to him and I think he is attracted to me. What is the proper way to handle this situation? Law Clerk in Love Dear Clerk in Love: A lawyer who is handsome, witty, charming a serious oxymoron here. If he's generous too, have him bronzed and put on a pedestal so we can all enjoy him. Be cool and remain professional. Office romances are very sticky (no pun intended) situations and if you two hit it off you may need to seek employment elsewhere. By the way, where can I send my resume as your replacement? M.S.P. — Labor Law Society Off To A Great Start by Ellen A. Burach On Monday, March 27, at least 25 people came to hear John Donovan, a labor specialist with the Buffalo law firm of Phillips, Lytle to discuss the Employment at Will doctrine and its interrelation with current labor law in New York State. The event was sponsored by the Labor Law Society. Mr. Donovan stated that he engages in mainly preventive law; he advises his clients to "do it right the first time" so that there is no need to end up in court. He commented on New York being an "employment at will" state, which means that without a collective bargaining agreement to the contrary, an employer does not need "just cause" to discharge an employee. Mr. Donovan stated that his firm advises clients on the "do's and don'ts" of discharge, despite the employment at will doctrine. He said that he counsels his clients to treat employees as people, and to be as fair and sensitive as possible. He stated that he tells clients to part of the assume they will be sued preventive law that his firm advocates. Mr. Donovan emphasized that approximately 3/4 of wrongful discharge and ter- — mination cases contain a defamation action as well, and thus once an employer comments on an employee, he opens himself up to a defamation action no matter how many rights he may have. Therefore, his firm advises clients that they must document their cases as fully as possible and that they must be consistent with prior termination decisions. The Labor Law Society was formed last semester by a group of first year Law students and it currently has approximately 80 members. The Society wishes to make people aware of Labor Law and employment relations and their inherent importance. Other than the educational aspect, the Labor Law Society deals with many labor-related issues such as women in the workforce, international labor and humanitarian rights, and employment at will. The Labor Law Society has sponsored other events as well. On February 3, Professor James Atleson spoke on the use of injunctions to prohibit picketing. On March 9, the Society co-sponsored Arthur Kinoy, a prominent labor and constitutional law attorney. Also on March 9 the Labor Law Society has, along with the En- Matrimonial Law to the corporate attorney, the other attorney (who had come in as a replacement) was one of the area's leading matrimonial lawyers. After three hours of depositions, the corporate attorney was so overwhelmed that he was actually referring to the matrimonial lawyer as "Your Honor." With regard to the actual trying of a matrimonial suit, Miriam Robinson, a partner with the New York City firm of Little, O'Connor, Finklestein, and Robinson, had some salient advice. Introduced by Birzon as "the busiest trial attorney in New York City," Robinson stressed the importance of preparation with regard to trial work. "The way to develop a style is through trial and error. However, you can never 'wing it.' No matter how good an attorney you might be, you have to do more than simply peruse through your notes on the night before a trial." Robinson also noted that one of the most important things an attorney has to do is believe in his or her client's credibility, it's a case you should attempt to settle and not take to trial." The conference's final speaker was Birzon himself, who as always, made some from page 1 informative points on the admission of evidence. Specifically, he discussed how the admission of evidence in divorcetrials differs from its admission in other kinds of trials. For example, since matrimonial trials are presided over by a judge and no jury, "prejudicial" evidence (evidence that is damaging to one of the parties involved), generally excluded in criminal trials, is often admitted. Birzon noted, somewhat facetiously, that "judges are unlike other mortals they are immune from bias and they can reason without passion." The reasoning of course is that judges, unlike juries, aren't supposed to be swayed by prejudical evidence. Birzon also added that an attorney should "never overestimate a judge —in many instances the attorney may know more about the Rules of Evidence than the judge does." Based on the quality of the presentations, as well as student turnout, Birzon appeared optimistic about maintaining the conference as an annual event. "I think there is a need for this type of program, and students have definitely shown an interest," he stated. — — tertainment Law Society, sponsored /Wafewan,one of the movies in the Paper Chase Film Series. The Labor Law Society will publish a JAG Issues monthly newsletter, and there is a general meeting every other Wednesday at 3:15 p.m. in the Fourth Floor Lounge. Everyone is welcome. from page 6 ing on campus. In fact, President Sample, the law school did not ban anyone. The policy simply states that groups which discriminate against the aged, the handicapped, and homosexuals (as well as many other classifications including sex, race, religion, etc.) are personna non grata. They do not exist in our eyes; we will not facilitate their activities through our Career Development Office (CDO). We will not provide them a forum to insult our fellow students. They can march up and down the halls all they want, but in our eyes they don't exist. The law school policy was adopted in accordance with Governor's Executive Order 28 and SUNY Board ofTrustee's Resolution 83-216. As I am sure you are aware, these documents prohibit state agencies, particularly SUNY schools, from participating in certain forms of discrimination. Discrimination based on sexual orientation was specifically banned. Therefore, the law school policy merely executes that which is already law. Finally, the law school often brings and refuses to bring speakers and other people on campus without your approval. Why is it that when we establish a non-discrimination policy which happens to affect the military first that you raise this question of jurisdiction? If the law school prohibited the use of of our CDO for the law firm of Ku, Klux, Klan and Duke would you be interceding? 2. Whose interest are we trying to serve: the employers or the students individually or collectively? This question is a quintessential illustration of smoke and mirrors. It merely attempts to shift the issue. Nonetheless, it is easy to answer. Discrimination of the type banned by the law school serves to benefit neitherthe employer nor the students individually or collectively. Discrimination not rationally related to any purpose which is based on immutable characteristics such as age, physical capacity, or homosexuality serves the interest of — — no one. It is a scourge on society. 3. Does the university have the right to ban someone from campus who is not violating a law? More smoke and mirrors. Once again, we are not standing at Flint Circle preventing the JAG Corps from coming on campus. The law school simply refuses to facilitate their activities. You surely wouldn'tbe asserting that any non university group has the right to access the time, space, administration and limited resources of our school provided they-are acting within the law? In a time of budget cuts? Even when what they are doing is morally reprehensible? I-am proud of the law school, Dean Filvaroff and the faculty in particular, for having the courage to stand up for what is right. Courage is what this issue is all about. Courage is a prerequisite to fighting for equality. The abolitionists were courageous. Leaders of the womens suffrage movement were courageous. Martin Luther King, Jr. and the other civil rights activists were courageous. These movements were successful because the causes were morally correct and there were people who had the courage to stand up and fight for that which is right. I do hope, President Sample, thatyou and the rest of the UB administration will have the same courage demonstated by Dean Filvaroff and the law school faculty. Justice is on our side. I must be frank, I wonder what are the true motivating forces behind your actions. Some allege that the only reason the law school passed this policy was because of an anti-military ideology. This is not true. The policy was initiated and implemented because, as lawyers, we have a moral obligation to fight against capricious discrimination. I cannot help but wonder whether your actions were motivated by nothing more than concern over the potential loss of defense related research money. Now wouldn't that be ironic? Sincerely yours, John Wenzke March 15, 1989 The Opinion 11 �BAR REVIEW Spring Semester Discount When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1989 Spring Semester 1989 Regular Tuition Discount Yo u Payy onlyy $1050 $950 $825 New Jersey Massachusetts, $925 Conn., Maine, $ 725 New York CMflfl V lUU $825 NH.RIorVT 1991 & 1992 Class of 1990 1989 Regular Tuition $1050 $825 New York New Jersey Massachusetts, Conn., Maine, NH, RIorVT Spring Semester Discount CMOCT $925 LLz^Ajdr' m..iL£MJ ™™im r 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 51 6/542-1 030 914/684-0807 12 The Opinion March 15, 1989 iha Avenue 160 Commonwealth 02116 Boston, MA 617/437-1171 Y ou Pay y only $925 $700 $800 Spring Semester Discount Yo u Pay only $900 $150 i|IIW . $6?5 $775 Remember: The last day to secure this discount is . nAU 00 £^0 MAnLM A $50 registration fee reserves this price. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f1ce09e3c345124f475675f134fd9dfc.pdf 26ffc42278e61cec41964fe4b8b764b5 PDF Text Text THE OPINION Volume 29, No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 1, 1989 Law School's Anti-Discrimination Policy Suspended Last week, State University ofNew York selfwould be announcing the University's at Buffalo Provost, William Greiner, announcedthat the University was suspending the Law School's recent prohibition of on-campus discrimination against homosexuals, the handicapped or people over 35 years of age. In a telephonic inter- position "within a week or ten days." The Provost also said that "I guarantee it (the jurisdictional issue dealing with Law view on Thursday, February 23rd, Provost Greiner said that the suspension of the by Alexei Schacht News Editor Law School's policy was done so that the University could "do some clarification of the jurisdictional issue." Namely, whether theLaw School or the University, if any body, has the authority to determine which organizations may recruit on campus and what school anti-discrimination policy ought to be. Greiner emphasized that while "all of us (in the University Administration) are advisory to the President," Greiner him- School anti-discrimination policy) will be given very careful attention." Because the University is presently reviewing state statutes and relevant case law, Greiner was hopeful that the "SUNY Office of Legal Counsel" in Albany would not have to be consulted. "Our preference is to resolve it on campus," said Greiner. However, on Tuesday, February 21st, in a meeting with about twenty law students, Dean Filvaroff said that a recent New York Post editorial, criticizing the School anti-discrimination policy on recruitment, caught the eyes of certain Albany authorities. Those authorities, according to Dean Filvaroff, contacted President Sample and Provost Greiner to express their consternation. Faculty Candidate Singleton Evaluated by Students Only a handful of students attended the recent meeting with Palmer Singleton, a law school faculty candidate in the fifth floor lounge. Students who attend these discussions with prospective faculty are requested to complete an evaluation which is reviewed by the Appointments Committee. The candidate's resume and publications are on reserve in the library before the meeting. Those students who did not attend this last meeting missed a chance to talk with a non-traditional and innovative attorney. Criminal law would be Palmer Singleton's main focus upon receiving a faculty appointment from UB Law School. His method of teaching criminal law relies more heavily on criminal procedure than the traditional method. by Jennifer Latham Staff Writer Criminal law has not always been the focus of Mr. Singleton's interest. After working for several years as a merchant mariner, Mr. Singleton entered New York University Law School intending to focus on labor law and labor education. As he studied criminal law and became friendly with his professor, he developed a strong interest in the field. After law school, he became the supervising attorney responsible for overseeing student cases and conducting trial advocacy classes at the Criminal Justice Clinic of the Georgetown University Law Center. He also litigated an independent caseload. Singleton's cases such as Morgan, et al v. District of Columbia which involves an appeal of a conviction of unlawful assembly of demonstrators picketing an Air Force convention that promoted nuclear weaponry contain appearances by law student counsel. Since 1984, Mr. Singleton has been involved with the Southern Prisoners' Defense Committee in Atlanta, Georgia. He is the staff attorney responsible for representing individuals charged with capital offenses in Mississippi, Florida, and Georgia. He also develops and presents a program designed to upgrade the caliber on indigent defense in capital cases. According to Singleton, defending a capital case involves getting at least one juror to suffer enormous pressure both in and outside the court and say no, I'm not going to give you the sacrifice of this person's life. Getting a juror to that heroic stance which is the only element of decency that there ever is in the law, Singleton says, is the job of the criminal lawyer. Singleton maintains that the juror is the only person who has had any guts, insight and truth. He adds that getting a juror to the point of saying no represents a combination of life, law, politics and institutions that he thinks is the core of understanding and dealing with the law. This process forces a kind of rethinking about criminal law and criminal procedure, Singleton argues, that this process ought to be going on in law schools but isn't. This rethinking represents a unity that is predicated upon bridges between a lawyer, a client and a juror. He states that it represents a unity based upon being able to take a person's life, to ferret out and reshape it, and to put it together in a way that provides jurors with reasons to stand up and say no. Faculty Candidate Palmer Singleton Palmer Singleton has chosen to become a criminal lawyer because he loves criminal law and litigation. He characterizes his work as fun and exciting. Singleton has a great deal of affection for his clients and says that he has no use for people with money. The majority of his clients have never had a chance in life and often are not able to trust him initially. Mr. Singleton finds that after watching him fight for them, his clients are better able to take control of their own lives. Students ought to try to attend the faculty candidate interviews whenever possible. It is a way of having some voice in the hiring process. All of the students present at the last interview felt that Palmer Singletonwould be a stimulating addition to the law school community. Despite the University's decision to review the Law School's policy, Provost Greiner said that "with respect to the behavior of the institution (the entire Univerit is clear that our affirmative acsity) tion standards include sexual orientation." So too, as regards all hiring and student admissions, "we're clear on not discriminating," said Greiner. Nonetheless, Dean Filvarofffelt that the Law School was not in the forefront on preventing discrimination on the basis of sexual orientation. Many of the law students at the February, 21st meeting with Filvaroff called for continued pressure on ... both President Sample and Provost Greiner, on both moral and legal grounds, to affirm the Law School's anti-discrimination policy. The final outcome of this meeting was that there will be another faculty/student gathering, like the one that led to the anti-discrimination policy at issue, in a few weeks. *Last week the University of Michigan Law School announced that the Federal Bureau of Investigation would be prohibited from recruiting on campus because a Federal District Judge in Texas found that the FBI discriminated against Hispanic agents. Erie County Legislature Holds Plastics Ban Hearings by Ted Baecher "I don't mean to denigrate this material," stated Walter Simpson, University of Buffalo energy officer, as he held up a styrofoam cup, "but is five minutes of fast food eating and drinking worth the environmental consequences of making this and tossing it away?" Simpson's concerns were voiced by many evironmentalists and interested citizens at a public hearing held on Thursday, February 16, at the Erie County Legislature. The hearing was held to provide members of the public with an opportunity to express their views regarding a proposed bill which would ban non-biodegradable retail food packaging in Erie County. The Erie County bill, details of which are still being discussed, will probably be similar to a Suffolk County ordinance which prohibits a retail food establishment which does business in Suffolk County from selling or conveying food unless the food is sold in biodegradable packaging. Under the Suffolk ordinance, fast food" restaurants can no longer use styrofoam cups and containers and supermarkets can no longer use plastic bags at the checkout counter. Suffolk County's ordinance stems from concerns that plastics in the form of discarded packaging largely contribute to the County's solid waste disposal problem. The Erie County Legislature's public hearing focused not only on the solid waste disposal problem; speakers also addressed broader environmental concerns. Lester Milbraith, UB political science professor, noted three hidden costs of the use of plastics: the depletion of oil, from which plastic is made, the higher prices to dispose of solid waste, and the effects on the biosphere. Milbraith proposed that a tax of 20 cents be imposed on all plastic items since the hidden costs of plastic production and use are not currently included in the price of these items. Robert Catalano, a member of the Sierra Club, followed up Milbraith's proposals by declaring that plastic production and use is an "anachronism of the 1950's and 19605" and that the continued use of plastics is "morally repulsive and philosophically corrupt" in light of the tremendous health effects of plastics production and use. Such health effects, as many speakers pointed out, include the release of deadly dioxin compounds into the air when plastics are incinerated, the creation of chloroflourocarbons (CFC's), which is directly linked to the depletion of the ozone layer, and the contribution of plastics manufacture to the increase in toxic waste. Industry spokesmen responded to these arguments by claiming that the food and plastics industry is moving ahead in outlining strategies to deal with environmental problems, that food prices will increase if plastics are banned, and that consumer demand for plastic is high. Mary Ellen Burris, public relations director of Wegmans, stated that the plastic ban is a "band aid solution" to legitimate environmental concerns and that "plastics fit into today's lifestyle." John Fortini, director of the New York State Restaurant Association, expressed concern that the food industry is being singled out in an environmental war that should be directed toward all industry that uses plastic. Industry spokesmen, though, failed to counter the environmentalists' compelling arguments that landfill sites are dwindling, that plastics, as unrecyclable material, represent about 40% of solid waste in landfills, and that the production and incineration of plastics create deadly dioxin compounds and CFC's. Although Robert Taggert, a local sales representative of Dart Container Corp., spoke of the testing that is being conducted to recycle plastics, no solution has yet been effected and none is expected in the near future. Walter Simpson emphasized that the ban is only the beginning of the solution in tackling the world's environmental problems. "Our earth is in danger and time is short. The ban on plastic packaging in Erie County is a small start in the right direction." Paul Reitan, professor of geology at ÜB, echoed Simpson's concerns when he stated that a ban on plastics must be complemeted by encouraging the use of substitutes such as glass, metal and paper, and that employment must be found for those plastics workers who might lose jobs due to a decrease in the use of such items. The task force which heard testimony at the public hearing will make its recommendations to the Erie County Legislature in the next couple of months. Jim Monroe, a member of the Environmental Law Society, suggested that students should "write their legislators to let them know of their support for this vital piece of legislation." HIGHLIGHTS "Art and the Law" lecture series kicks off at the Albright-Knox Art Gallery in Buffalo pg. 3 .... Miss Social Procedure makes her debut pg. 7 �Friday, Maseh 17,1989 (Happy Day!) REVIEWS one day seminar PIEPER NEW YORK will be offered 9:00 a.m. to 4:30 p.m. NEW YORK CITY LIVE: Sunday, February 26, 1989 TAPE AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, NASSAU, ALBANY, BOSTON, BUFFALO, SYRACUSE, WASHINGTON: Sunday, March 5, 1989 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREE to students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is February 17,1989. The exam fee is $25.00. Late registration will be accepted until March 8,1989, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 18,1989. For more information contact your Law School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW LTD. 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-4311 2 The Opinion March 1, 1989 �"Art and the Law: Some Strange Intersections" The first of four lectures in the "Art and theLaw" lecture series was held on Sunday February 19, 1989 at the AlbrightKnox Art Gallery in Buffalo. The lecture series is a joint effort of the University of Buffalo Law School, the University of Buffalo Department of Art History and the Albright-Knox Art Gallery. The series is being underwritten by Buffalo law firms Saperston and Day, and Hodgson, Russ, Andrews, Woods and Goodyear. by Donna Crumlish Managing Editor The first lecture was presented by Mr. Stephen Weil, deputy director of the Hirshorn Museum and Sculpture Garden, part of the Smithsonian Institution in Washington D.C., and was titled "Art and the Law: Some Strange Intersections." Mr. Weil began his lecture by saying that lawyers and artists get involved in many unpredictable entanglements because "The law basically is not able to work with works of art as works of art." He then went on to explain how the law is crucial to artists particularly in the areas of copyright, right to privacy and first amendment rights. Basically two Constitutional questions are raised in the field of art law, the first being "Is art a form of speech?" This question is most often raised when works of art are in some way controversial or make an unpopular political statement. Mr. Weil gave the example of the conflict between New York State's strict flag desecration statute and works of art which depict the U.S. flag in an altered, mutilated or appalling way. Mr. Weil showed a slide of Ronnie Cutrone's artwork titled "Space Invader" which depicts an outerspace type character painted on an actual U.S. flag. He stated that it is uncertain whether this artwork wouldviolate theflag desecration statute if displayed in New York State or whether it would be protected as a form of speech. The second Constitutional question raised in the field of art law is "Can we characterize a work of art as a writing?" This question has seen the most debate in the area of copyrights. As of this date the SupremeCourt has not addressed this question. Congress has taken it for granted that artists are authors in the drafting of copyright laws. The question may be raised this term in the Supreme Court however as the Court prepares to hear arguments in a copyright case on March 27. The case involves a dispute between the Washington D.C. Committee for Creative Nonviolence (CCNV) and Baltimore sculptor James Earl Reed. CCNV commissioned Reed to create a sculpture of a homeless family squatting over a grate. Reed contends that he owns the copyright and CCNV contends that they do claiming it was a work for hire situation and that CCNV came up with the concept for the sculpture. The case has turned into "a battle of titans" says Mr. Weil, with Time-Life and IBM paying for the appeal for CCNV and over 40 artists groups and individuals paying for the appeal on Reed's side. Another area in which art and the law are intertwined is in the areas of right of privacy and right of publicity. The right of privacy comes into play when artists portray individuals in their works. Many artists are now scrupulous in obtaining releases from persons who are the subjects of artworks or photographs so that right of privacy problems can beavoided. The right of publicity "involves the freedom of an individual to commercially exploit oneself or one's work." The right of publicity continues past death and may be enforceable by the person's heirs. Currently eight states have right of publicity statutes and the "Celebrity Rights Act" is currently pending in New York. One of the most celebrated cases in this area involves a suit between the heirs of John Wayne and the estate of Andy Warhol. Warhol used Wayne's image in a print which has been commercially reproduced. Wayne's heirs are suing under California's right to publicity statute, claiming they have sole rights to Wayne's image and that the value of Warhol's picture is in the image of Wayne, alleging that people don't want an Andy Warhol work, only a picture of John Wayne. Wayne's estate is claiming that Constitutionally Warhol can comment freely. The lower Court found the right of publicity statute a violation of the Constitution; the case is currently on appeal. Another area where art and the law coincide is in the area of Moral Right. Moral Right involves the notion that an artist has a continuing interest in a work even after it has been sold. Most important in the Moral Right arena is the Right of Integrity, which generally means that an artist has a right to have his work remain free of alteration, mutilation or destruction no matter whose possession it is in. New York currently has a statute which embodies the Right of Integrity and forbids the display in a public place of a work of art in damaged, mutilated or altered form if there is a likelihood of reasonable harm to the artist's reputation. Thefinal area that Mr. Weil covered was the area of child pornography. Many states are under pressure to construct Movie Review: "True Believer" Woods Redeems Formula Hollywood Movie True Believer is the story of Eddy Dodd, played by James Woods. Dodd is a criminal defense attorney who specializes in defending drug dealers. This was not always the case. It seems that in the 60's Dodd was a radical lawyer ala William Kunstler. But now things are different. These days the only reminders of Eddy's glorious past are his ponytail, his Hendrix music, and the joints he constantly sucks down. Poor Eddy has lost his faith. by Michael D. Gurwitz Staff Writer An idealistic young lawyer, played by Robert Downey, Jr., and a prisoner accused of killing a fellow convict, played by Uji Ukomoto, enter Dodd's life at the same time and give him a chance to redeem himself. Ukomoto was originally convicted eight years before for a murder in New York's Chinatown. Dodd agrees to represent Ukomoto for the prison killing, but soon grows to doubt whether Ukomoto was actually guilty of the Chinatown murder. Is Ukomoto innocent? Was there a cover-up? Will Dodd triumph over the arrogant D.A.? These questions provide True Believer with its plot. True Believer is a formula Hollywood movie in many ways, from its boring pseudo-rock and pseudo-R & B soundtrack and its conventional photography to its simple narrative and predictable characters. However, it is a fairly enjoyable and interesting film, with plenty of law student-pleasing courtroom scenes. What truly redeems the film is James Woods. Once again, he plays a troubled, intriguing character, and plays it very well. The supporting cast is also good, and the streets of New York provide a satisfyingly sleazy backdrop for the sleazy goings-on. The film's various messages are also quite refreshing. In an age ofyuppie greed and drug hysteria, it's a pleasure to see Eddy Dodd, his shaggy head emerging from a haze of pot smoke, smile and tease his assistant about getting a Wall Street job. Keep fighting the good fight, Eddy. Stephen Weil, Deputy Director of the Hirshorn Museum, spoke at the "Art and the Law" Lecture Series. . strictchild pornography statutes. As such, the statutes are interfering with the creativity of artists. Mr. Weil said "the pornography statutes are so sloppily drafted because no one wants to speak out to the other side except groups like the ACLU which don't have much power." Currently the constitutionality of a Massachusetts child pornography statute is pending before the U.S. Supreme Court. The highest Court in Massachusetts found it unconstitutional. The statute makes it criminal for a child under 18 years old to pose or be exhibited nude. The minimum sentence is ten years in jail and/or a $10,000-$50,000 fine. Drafters of the statute claim that artists will not be affected because the statute includes as an affirmative defense the opportunity to show that the work was ultimately intended to go to a museum. Mr. Weil concluded his lecture by saying that "Out of the best of motives we are constantly finding efforts to constrain what artists paint or carve or draw Art law with all its paradoxes, intrigues and ironies is not what looking at art should be about. but is one of the many things that lead us to look at things and enjoy them for their own sake." .. . Survivor Speaks On Experiences In Holocaust The Holocaust, Hitler's 'burnt offering' of over six million Jews during World War 11, often becomes an incomprehensible abstraction to people of my generation. Even those raised as Jews, like myself, who have encountered a formidable barrage of books, pictures, filmstrips, television and movies find the topic important but difficult to comprehend. Yet hearing actual survivors speak removes at least one level of abstraction. Last Wednesday, February 22nd, Polish Holocaust survivor Sam Friedman reminded me and about forty others that what happened still lives on today in those who saw it. They must continually remind others of private wars that people like them have won, so that their children could live free and without persecution. by Damon Scrota Layout Editor Sam Friedman was born in the third largest city in Poland, a city like Buffalo in many ways but one: one third of its population was Jewish. Friedman was only 19 when the Nazis occupied Poland, at an age when most young men like him in Poland were about to go off to college. Instead of entering the revelry and rebellion of his freshman year in college, Friedman and his family were thrown out of their houses and put into ghettos with the rest of their fellow Jews. Friedman was transported from the ghetto to what he thought was a German work camp. Its name was Auschwitz, the worst of all the Nazi concentration camps and home of the infamous Dr. Joseph Mengele, chief torturer, experimenter and exterminator for Hitler's Third Reich. Every weekafter Friedman arrived, he and other prisoners were paraded nude in front of Mengele, who determined who would live and who would be burned in the crematoriums just outside the gates of the camp. "To be clean," Friedman said, "was the most important thing in Auschwitz. If you did not, you stopped caring and the Germans would see that you lost. The next Saturday you were in a crematorium. The Germans wanted us to give up. We had to fight to stay alive." Friedman next addressed the question of why Hitler singled out Jews for exter- mination. "We (the Jews) didn't have any war with Germany. German Jews were among the biggest patriots in Germany's previous wars. The Nazi's thought it was their mission to take care of the whole world. And you don't do this in a nice and liberal way. Jews represented a problem Humanism, underto be cleaned up standing, love, things thatthe Jewish race represented, were not to exist in Ger- .. many." The direction of Friedman's speech eventually turned to the topic of why he thought he survived Auschwitz. "Why am I alive? Many times I have asked myself this same question. I can tell you one thing. The heroism of the Jewish people during the war was unbelievable. Hoping eventually that Hitler will lose, that soon you would be free, that is heroism. Heroism is giving your neighbor food in a little spoon, when you have none, to keep him alive. Heroism is observing Jewish holidays in Auschwitz. On Simchat Torah, we danced. It's unbelievable." In Auschwitz, Sam Friedman met up with his brother after a year of surviving the death camp. "He had only been in the camps six weeks but I could not recognize him. He looked like he was ready to die. If you survived a year of Auschwitz, the Nazis gave you some respect. So I did have a few privileges that newcomers did not. I went to the hospital and begged the doctor to allow my brother to stay back from work. He gave me a pass for him for three days in the hospital." Friedman's brother also survived; he now lives in Israel with his family and two children. One of the last things that Sam Friedman had to say before he left will remain with me whenever I think about the Holocaust. "Remember this. Every second person in the leadership of the SS (Hitler's elite squad of the leaders of the Third Reich) had a PhD." It was among the most educated of Germany's society that planned the mass extermination of the Jewish People. That fact, especially to those of us planning to become lawyers one day, should stand as steadfast warning against the abuses of the power that knowledge can bring. Sam Friedman reminded myself and forty others of that very important lesson. (This event was sponsored by the Jewish Law Students Association.) March 1, 1989 The Opinion 3 �OPINION OST STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 11 March 1, 1989 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Staff: Bruce Brown, Lenny Cooper, Michael D. Gurwitz, Eric Katz, Jennifer Latham Contributors: Ted Baecher, Mary Kane, David Smith "Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University ofNew York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. OM Tphineo ailbox: Student Comments Extensively On "Flawed" Exam Format Dear Editor: I think I now understand why the UB Law School t-shirts are emblazoned with a dinosaur. I think it is supposed to signify the fact that a substantial number of law school professors have a fossilized commitment to the anachronistic convention of employing a testing format of the severely time-restricted, one-pop, no-feedback variety, which is designed to make the deliberative, reflectively prudent student extinct. This convention is proppedup by the unqualified, specious premise that 'faster is smarter,' therefore 'faster is better.' I suggest that this kind of rationalistic malfeasance won't pass muster in the face of even a modicum level of scrutiny. I intend to subject it to such scrutiny in the ensuing analysis. There is one fundamental canon of good writing that is revered throughout academics. This canon states that all 'good' writing is derived from a process of countless revisions; the admonition to all writers seeking excellence is "Revise, revise, revise, revise, revise before submitting a writing effort as a final product." The current time-restricted exam format militates against the deliberative, reflective student and de-values this cardinal writing principle in that it deprives him/her of any genuine opportunity to execute these prudent deliberative and revisionary procedures. The current timerestricted exam format inculcates in the student the peccant notion that the most 'astute' writers and adept veterans do not need to subscribe to this cardinal writing principle; the implication is that the more adroit, sagacious scholars are able to disgorge their profundity in a single heaving eruption that produces the finished hardcopy. This is a myth woven by ignorance and perpetuated by delusions of grandeur of the elitist variety; the maxim of revision is binding against the almighty and the neophyte alike, as any good writer already knows. The canon for good writing recognizes the prudence of reflection and deliberation, as well as their necessity. If a student takes the time to inquire as to the reasons for her/his 'Q' grade, s/he will invariably hear the instructor's recurrent rebuke "You didn't say enough." The second most droning theme of reproof is "The answers aren't cogently organized in the paper." But the core refrain is that the student didn't say enough, did not dedicate enough attention to detail; The student will inevitably discover that this is true and will often be silenced in humility in the face of this truth, without stopping to realize that this result fulfilled the selfpredicating prophesy of an exam that was calculated to deprive the student of the opportunity (time) necessary to actualize those cardinal writing principles which are essential for a quality performance. Invariably the shortfall was not due to a lack of understanding by the student nor was it attributable to any so called inability on the part of the student to grasp complex legal issues, or to write a coherent, well-organized paper. The result was most often predicated by an exam format that dictates the very results it is alleged to discover. The testing format eschews essential writing principles that are revered by most educated persons, because it disembowels the examination process of the necessary time factor that most reasonable, deliberative students require to actualize good writing revisionary procedures. The exam format is 'flawed' precisely because it fails to do exactly what it is purported to do, measure the understanding of the student. The irony of this is that the very question that the exam is supposed to inquire into (the student's understanding) is the self same issue that is rendered indeterminate by the flaws in the exam format; the time-restricted exam format predicates the very issue it claims to measure. Put simply, and at point blank range, the exam format is a — Editorial Humanize Food Policy For Hungry At Home And Abroad When President Carter announced a grain boycott against the Soviet Union in early 1980 to retaliate against their intervention in Afghanistan, there could no longer be any doubt that food is a weapon in the arsenal of U.S. foreign policy. Although this action is the most dramatic instance of U.S. food diplomacy in recent years, food power has been a recurring theme in U.S. foreign policy over the past decade. Former Agriculture Secretary Earl Butz (infamous for his undiplomatic bluntness) summed up prevailing thinking in Washington when he told reporters in 1974: "Food is a tool. It is a weapon in the U.S. negotiating kit." Numerous myths concerning the causes of world hunger have been used as the foundations for establishing policies aimed at decreasing and/or eliminating world hunger. Among these are myths that perpetuate the false notion that hunger is caused by overpopulation and that there is simply not enough food. Nothing can be further from the truth than the reality that hunger is in large part determined by institutions and policies that determine who eats and who starves. Virtually every "hungry" country produces enough food for all its people. Redistribution of food supply is key to wiping out hunger. Although redistribution depends on the policies of low-income countries and local efforts within those countries, much also depends on U.S. policies. With the passage of the Agricultural Trade and Development Act (Public Law 480) in 1954, food aid was institutionalized as an arm of U.S. diplomacy. The intent of PL 480 was, and remains to be, the development of future commercial markets for U.S. grain exports and to solve the problem of mounting U..S. farm surpluses by dumping them overseas. Thus, it is not surprising that little of the food shipped overseas under the PL 480 program has reached the hungry in recipient countries, since the original legislation did not even pretend to have a humanitarian purpose. (The humanitarian intent clause was added to the law much later.) The World Hunger Interest Group (WHIG) has been operating at the University of Buffalo campus in an effort to raise consciousness about world hunger among students, faculty and staff. Part of the organization's goals include a "hunger clean-up" campaign in Western New York. A goal which merits comment considering the fact that the majority of Americans do not recognize hunger as a basic fact of life in America. Although two-thirds of the undernourished people of the world live in South Asia, one-fifth in Sub-Saharan Africa and aboutfour-fifths in thirty othercountries with extremely low per capita incomes, according to a report by a group of Harvard physicians, there are an estimated twenty million U.S. citizens who lack enough food to eat for at least two days each month. A depressing fact considering the enormous amount of wealth that this great nation has. Hunger in the United States can be eradicated via a policy aimed at depoliticizing our food distribution and pricing policies presently in effect and providing governmental assistance to those small-scale farmers who actually plow and sow America's farmlands, and who incidentally in some cases do not have the financial resources needed to feed their own families. The United States can be extremely influential in determining who eats in countries that are recipients of PL 480 food credits and aid. Hunger is not a political or ecomonic issue, it is a human concern. The single most important thing needed to overcome hunger in the United States and the world is to convince people that they can help change national policies on hunger. The only limit to man's progress is his/her imagination. The Opinion would like to extend a sincere apology to Ms. Judith Buckley for the misprint of her article in the February 21, 1989 issue of The Opinion. 4 The Opinion March 1, 1989 Draconian charade. It is not reasonably calculated to avail the student an opportunity to responsibly deliberate on the issues or the congruent points of law, or to develop the optimal format for presentation through revision. The mere suggestion that a four hour exam is capable of reflecting a student's apprehension of complex legal material exhaustively presented throughout an entire semester denigrates the very nature of the subject matter of that course to an abject level of absurdity. Academic grades claim to be indicators of a student's mastery of various legal principles and her/his writing skills, and the student's ability to apply those legal principles to complex situational facts as they are presented. As such, it is imperative that the exam be calculated to meet that claim.At present they clearly do not. Instructors who argue that they have tried the longer exam-time format and have gotten comparable or inferior results in terms of quality exam performances have anchored these conclusions in logically flawed premises which violate several cardinal rules of research that determine the validity of such conclusions. In order to justify their conclusions they would have to hold all other factorials in the equation 'constant,' except for the time-allowance element. Yet this was not done. The students from one class to the next vary immensely The exam questions differ from one semester to the next There is no way of separating out which type of student is alleged to have done worse, the deliberative student or the hasty student, or both; there is no way of ascertaining whether 'all' did worse or only 'some.' (if any) Most instructors who make the claim of inferior or comparable results from the longer time-allowance format draw the conclusion that when they give students more time to take an exam they simply write 'longer' papers, not necessarily 'better' papers; These instructors argue that the opportunity to write a longer paper tends to make the writing more distended and/or convoluted; these assertions prompt the instructor to cast the truant conclusion that the shorter time-allowance format is superior. This conclusion is erroneous for several reasons: The instructor could isolate this alleged problem out of the picture by circumscribing the length of the writing with a stipulated maximum re- • • • • quirement. Those instructors who have already done this will be hard-pressed to blame the longer time-allowance format for the inferior results without overreaching with some absurd assertions such as some of the following: 1. Reflection and deliberation are negative factors that are deconstructive or counterproductive in the analytic process ;■ 2. Due care is inferior to helter-skdlter haste 3. The more you 'think' the further away you move from the legal issues 4. The less you think, the more articulate you become 5. Brilliance can only express itself in the endowed student under conditions which severely curtail reflection and deliberation 6. "I can't definitively determine why the results were inferior, therefore it must have been due to the increased time-allowance. I'm sure I didn't make the exam more difficult in an effort to compensate for the increased time-allowance." One instructor argued that "If we put everyone on an even playing field, this will militate against the 'good' student." This tumid, self-predicating jabberwocky (See Flawed Exam Format, page 7) �Controversy Over Satanic Verses Compared To Last Temptation Uproar The controversy surrounding Salman Rushdie's book The Satanic Verses, has once again shown the intolerance that people tend to illustrate when their religion is attacked. Defensive, at least in this case, is a slight understatement, since Ayatollah Khomeini, along with some Iranian clerics, has offered a $5 million reward to the person who kills Rushdie. Not only is this action deplorable, but it attests to the fact that the written word is often more powerful than we might like to believe. by Andrew Culbertson Features Editor I Although have yet to read the book, accounts of it indicate that Rushdie's treatment of key figures within the Islamic faith is less than flattering. For example, he implies that Mohammed's (the founder of Islam) wives were prostitutes, and that Allah (the Islamic version of God) is not infallible. Although Rushdie has apologized, Khomeini has stated that it is the duty of every Moslem "to employ everything he's got, his life and wealth, to send him to hell." While this response is undoubtedly extreme, I would hope that many Christians can sympathize with Khomeini. It wasn't too long ago that this country saw longer lines outside of RKO Cinema than in front movie which caused such an uproar this past summer. Last Temptation's portrayal of Jesus, deemed by many to be blasphemous, depicted him as being insecure, indecisive, and, perhaps worst of all, human. I must admit, I have always been puzzled when a group of people set out to denounce a book or a movie. What, exactly, is their rationale in taking such action? Abortion protesters demonstrate with the ultimate goal of having abortion outlawed. Likewise, blacks in the 1960's demonstrated for equal rights, and were fairly successful. But what do people who protest a book or a movie hope to achieve? Whatever it is, I would contend that it is outweighed by the public response that is generated by such protests. Based on Khomeini's reaction, we can infer one of two things. First, perhaps there is more truth to Rushdie's book than Khomeini, as well as other Moslems, would like to believe. Although this would appear to be unlikely, it's no secret how much the truth can hurt. Second, if Khomeini doesn't believe that it is true, he is virtually admitting that this book, lie that it might be, is still important enough to warrant this type of attention. In denouncing the book as vehemently as he has, Khomeini has made it into an interna- Commentary... And Some Say This Is Radical by Dave Smith Consider the possibility that students at this school may soon charter a White Law Student Association in the near future. One of my classmates presented to me a proposal to start a WLSA. My classmate complained that the Black Law Student Association (BLSA) poses the threat of reverse discrimination, and is not fair to white students. He further stated, "David, you're a good person and you can join if you'd like we surely could just kidding use you as a mascot. Dave." I must admit that I was somewhat taken aback, but I brushed the statement in order to see what other ignorant statements he would make. After our conversation, I gave his words some thought. Later, I encouraged him to charter such an association, and to try and gain all the support he could. I informed him that it only hinders the sentiments of others if he, along with his friends, conceals his thoughts. Silence, for the most part, only shows fear. His statements also made me think about how much many of the people in this school say they oppose racism. Liberals continue to write articles about racist issues, but that is the extent of it. Time and again, I walk through the law school and see all those liberals concentrating on issues that are frivolous compared to racism. Many of them take up space in the hallway, and wave signs saying ban this or boycott that. One day these liberals are banning plastic, the next day it's grapes and tuna fish, and by the end of the week it's animal rights. Blacks in this country don'thave human rights let alone civil rights. Protecting animals is like a slap in the face. The liberals in this school are placing the rights of animals before the rights of human beings. Maybe these students are lost and assume that the Fourteenth Amendment is sufficient enough to ensure equal protection. The actions of these people, black and white are just plain ridiculous. If scientists don't use the animals for AIDS and spinal cord research, then what do these liberals suggest? Perhaps human beings, or maybe even black people? I'm not saying that race should be the only issue discussed, but it should be placed on a higher list that some of these other concerns. The people in this school need to focus their attention on more important issues. The aforementioned classmate is a conservative who, like the other conserva- .. . tional best seller. When was the last time Walden Books and Barnes & Noble had to take a book offof their shelves in order to ensure the protection of their employees? To a lesser extent, the picketing of movie theaters that showed Last Temptation conveyed this same message. Although Martin Scorcese's film may have been outrageous, those who were outraged should have simply ignored it. There was nothing tangible to gain by actively protesting. Obviously, the protestors wanted to discourage people from seeing the movie, while sending a message that the movie inaccurately portrayed Jesus. However, by actively protesting the film, they stimulated the public's curiosity, and made the film more of any abortion clinic. Of course, I'm referring to The Last Temptation of Christ, the tives in this school, keeps himself quiet until it is time to make the right move. I'm not saying that they are racists, but they usually don't hesitate or hide their true thoughts like the liberals in this school. I encourage all racist individuals, organizations like the XXX, private law firms, and any other white supremists that lurk in America to make their thoughts public. This country, as well as this school, needs stronger messages than they are now receiving if it is going to wake up and do something about the racial problems in this country. Both blacks and whites have simply become too lax, and need the racists and ultraconservatives to wake them up. David Duke, former Grand Dragon of the XXX and founder of the National Association of the Advancement of White People, now resides in the Louisiana Legislature. Now that he has been electeed, people are upset and are trying to get him out of office on technical grounds. The conservatives in Louisiana have come out in the open and spoken. Their message was strong enough, and goes to prove that this country needs more people like David Duke. Racial reform issues that deserve attention will be brought to the forefront. I don't support racism, but I do support an expedient way to deal with the problem. This article is addressed to the liberals, semi-conservatives, and neo-Negroes who claim to be true believers in the enhancement of race relations. Actually, many of them are simply phonies. If their claims were sincere, then they would all join together, and do whatever it takes to improve relations within this scfibol and country. If violence is necessary to make these racists understand that racism is wrong, then many of these so-called true believers should be willing to fight. Many people are probably upset since I have mentioned violence before peace. I would suggest that violence is the last alternative. Although peace within this country is a good starting point, most of the time it never gets much done. Peaceful demonstrations, forthe most part, give people nothing but tit for tat negotiations. That leaves an organized mass of people with less than they had peacefully demonstrated for. The oppressors can then turn to their colleagues and say that the oppressed now have enough to make themselves feel that their problems have (See Some Say This Is Radical, page 7) popular, and more viewed, than it would have been had they ignored it. Ironically The Last Temptation ofChrist was hardly in the running for an Oscar, and Rushdie's book probably won't win a Pulitzer Prize. Nevertheless, since each one was and is surrounded by controversy, the public doesn't care how good they might actually be. When we were little kids, most of us used to get picked on. Our mothers would tell us to ignore it, saying that the more we reacted, the more we would get picked on. Most of us just couldn't understand the logic behind this advice, and continued to complain and fight back. Unfortunately, it seems as though some of us, particularly Mr. Khomeini, still don't understand. THE ACROSS NATION Law School News Briefs Dickinson University of Miami Students who wish to study comparative and international law in Italy, Austria and France next summer may enroll in the 1989 Summer Seminars abroad program sponsored by The Dickinson School of Law. Programs will be held in Florence, Italy; Vienna, Austria and Strasbourg, France during the summer of 1989. Students enrolled in law schools accredited by the Association of American Law Schools or the American Bar Association are eligible to apply for admission. Three two-credit courses will be offered in each program. The first summer program involves four weeks of study in Florence, Italy from June 5 to June 30. European scholars and practitioners will work with members of The Dickinson School of Law faculty to teach Comparative Civil and CriminalProcedure, Comparative Law and Transnational Business Organizations. Students enrolled in the second summer program will participate in two consecutive two-week sessions, the first in Vienna, Austria and the second in Strasbourg, France from July 3 to July 28. Courses in European Integration, International Transport Law, Transnational and Comparative Civil and Criminal Litigation will be taught by Dickinson faculty and international legal scholars and practitioners. In addition to offering academic credit, each program will be structured to provide opportunities for students to develop an appreciation of the cultural and historical richness at each location. Dickinson has offered summers abroad programs since 1981. For more information call or write Dr. Louis F. Del Duca, Associate Dean for Advanced Legal Education, The Dickinson School of Law, 150 South College Street, Carlisle, PA 17013. Telephone (717) 243-4611. Students at the University of Miami Law School are upset over the way the administration went about making changes in the school's clinical program. The changes themselves apparently are not the problem. Basically two separate programs, a trial advocacy program and a clinical program, were combined into one and some shuffling of credit hours took place. Most agree that these changes probably were for the better. The changes, however, took place without consulting any representatives of the student body. The changes were a unilateral move on the part of the administration and a faculty ad hoc committee. The general feeling from the students is that at the very least, the SBA should be consulted on any curriculum changes. {Res Ipa Loquitur, vol. 8, no. 8, February 14, 1989, pp. 1, 2, 8) New York University NYU law school is working to implement a program similar to Harvard law school's "Code Critical." Last semester Harvard law students were able to raise over $12,000 for the homeless, through their Code Critical program when students travelling to interviews elected to stay in less expensive hotels and law firms donated the money saved to charities which help the homeless. NYU will be one of ten schools par- ticipating in the program in the fall; among the other ten are Boalt Hall (Berkely), Boston University, Duke, University of Michigan, University of Pennsylvania and Yale. (The Commentator, vol. 23, no. 9, February 9,1989, p. 5). Albany The Dean and Board of Trustees of Albany Law School are proposing a 10% tuition increase to go in effect in the fall. The class of 1990 will have its tuition increased to $10,500, the class of 1991 will have its tuition increased to $10,750 and incoming students will see an increase from $9,750 to $11,500. These hikes are apparently needed to meet the cost of interest payments on debts incurred by structural improvements to the school over the past few years. The Issue, the Albany Law School newspaper, acknowledging that the tuition must be raised to meet the school's debts, proposes a different set of tuition hikes. The Issue calls for class of 1990 tuition to be raised to $10,250, class of 1991 tuition to be raised to $10,500 and class of 1992 tuition to be raised to $12,000 instead of the proposed $11,500. These hikes, The Issue claims, would be more fair to students presently attending Albany, as they were given no indication of impending tuition increases even though the administration knew they would take place several years in advance. In addition the would allow the School to continue with its present financing plan. The burden on incoming students is termed unavoidable, and at the very least, The Issue says, students will be given the chance ahead of time to decide if they want to take on the burden of the Albany tuition. (The Issue, vol. 18, no. 10, February 16, 1989, p. 2) March 1, 1989 The Opinion 5 �PREPARE FOR THE For the March MPRE Only, a $50 deposit toward your Kaplan-SMH Bar Review course gets you: • • Free MPRE preparation with our exclusive 2-session program of Text and Lectures Revised and Updated for the 1989 MPRE! Kaplan-SMH's Spring Discounts for your complete bar review course. Schedule • VideoMarchLecture 7th — O'Brien Room 109 Thurs. March 9th Room 109 —O'Brien Sat. March 11th 1330 Niagara Falls Blvd. Sun. March 12th 1330 Niagara Falls Blvd. Tues. 7:00 P.M.-10:00 P.M. 7:00 P.M.-10:00 P.M. 10:00 A.M.-1:00 P.M.. 10:00 A.M. -1:00 P.M. For more information on the MPRE Special, a schedule of MPRE classes, and our Spring Discounts, see your campus rep or call your local Kaplan Center. |J I /%|\ JIVI HL/%1 *™ H m Wll \ 1 fl * V SERVICES L REVIEW IBAR Ra M [BOO) KAP-TEST 6 The Opinion March 1, 1989 I I M STANLEY H. (800)343-3188 Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. To^an^"^,,^ (716) 837-8022 L___ __J �Miss Social Procedure Ms. Social Procedure Thought-For-The-Day: He who submits to fate without complaint, is wise. Miss Social Procedure Addresses Qualms of Suppressed and Disgruntled Law Students Dear Ms. Social Procedure: Is it proper for a student to raise his or her hand in class and tell the Professor that he or she has chalk on his or her back? Bothered by Chalk Ridden Clothing Dear Bothered: I will answer your question with a question: if the professor to whom you were talking had green stuff stuck in his teeth, would you raise your hand and tell him or her? Perhaps you could raise your hand and say, "The holding in Pierson v. Post, is the right to wipe the chalk off your back." M.S.P. Dear Ms. Social Procedure: I know a girl that is consistently late for class. I'm not talking just 5 or 10 minutes, but at least a good half hour. I find her disrupting to the class. Is there a certain amount of time that passes during a regular 75 minute class before it is impolite to enter? Sincerely, Irritated with Late People Dear Irritated: Studies have shown that the normal law student's (if there is such an animal) attention span is only 30 minutes so you should welcome the distraction. Moreover, due to the extreme importance of attending class, and by balancing this importance against your irritation, it appears thatit wouldbe impolite to enter class late only if the class had already ended. M.S.P. Dear Ms. Social Procedure: First-year students are in the middle of writing their R & W briefs. As such, there are many of us in the library at one time and many of us looking for the same books. Please tell me the proper way to address someone who carries a stack of books into the copy room, copies what he or she needs, and leaves the books there. I am sick and tired of searching the library for a book only to find it in a corner in the copy room. Sincerely, A Disgruntled First Year Dear Disgruntled: If all the books you need are in a corner of the copy room, at least you will be able to find them. M.S.P. Dear Ms. Social Procedure: I personally find it offending when the person sitting next to me in class begins to peel and eat an orange then continues to sit there when they are finished, with the stench of orange still eminating from their hands. Is it proper to ask them to leave to wash their hands? And, are there particular Some Say This Is Radical been alleviated. Those who are really in favor of enhancing race relations might have to go to an extreme if they wish to see things improved. I am not advocating violence, but merely pointing out that it is an alternate step in case peaceful means are insufficient. I mention violence to weed out those people who are frauds. Insincere people will distance themselves from those dedicated to progression. Liberals, semi-conservatives, and neoNegroes (the new blacks who think they are too sophisticated for their own race) who are peace oriented should take a look at their own federal government. The U.S. Government has never gotten what it wanted through the use of peaceful demonstrations. Look at the long tradition of wars, as well as the recent attack on Libya. These were generally based on wants, and all involved bloodshed. The Government could have told its enemies to be peaceful, but this wasn't the case. Try conducting a peaceful demonstration in front of a group of racists, and see if it brings peaceful results. If that doesn't work, then I hope that the true believers are still out there. The Government doesn'tconduct peaceful demonstrations in front of a crack cocaine house, in the hope that the drug dealer(s) will realize that selling drugs is wrong. The Government uses weapons against the dealers. I hope that the alternative of violence never becomes reality, but I can under- Dear Ms. Social Procedure: What do you do when you are in class and your stomach starts to growl uncontrollably and people turn around to see where the noise is coming from? Should you try to disguise it by shuffling your papers around or should you look at the person sitting next to you, hoping everyone will think it is him? Signed, Cravings in Class Dear Cravings: Just your luck you'll be on the other side of the Orange Muncher and people will know thatit is not his stomach growling. Maybe "Offended" will share some of his onion with you. M.S.P. from page 5 stand why Desmond Tutu said that violence may sometimes be necessary. Panel discussions don't seem to work. We have got to put an end to these racial problems, and fast. This country may turn ugly for a while, but if the end result is positive for all races, then so be it. This country has yet to see a real race riot. What people have seen on television about the riots in Watts and Miami aren't really race riots. Blacks taking the streets because of anger and tension within their own communities does not constitute a race riot. A race riot is when blacks and whites fight a group of people who are oppressing a minority because of race. When black neighborhoods are inter- Flawed Exam Format presupposes some species-specific notion of wh3t a 'good' student is; it predicates the ; very issue it is supposed to inquire into. Still another instructor argued that a..-greater exam time-allowance would militate against the student who works quickly. The fact is that the student who works quickly can leave quickly if s/ he wishes; the greater time-allocation allows each type of student to put her/his best foot forward for the grade. The instructor's response to this was that the quicker student would feel compelled to work longer in order to consume all of the available time. There are several simple solutions to this situation. First and foremost, this scenario describes a studentwho is obsessed with the quantification of values, in the same vein as the 'more is better' philosophy. Most likely, the student has interpreted this as the instructor's expectations. Therefore, the instructor could extinguish this parochial impression by stressing 'quality' as a ballast to the exam. Secondly, the exam is designed to measure, inter alia, one's acumen and judgment. Therefore, let each student use her/his judgment as to thetimes/he needs to complete the exam. Thirdly, the situation as described fails to establish how this condition would militate against the quicker student, unless the instructor is suggesting that there is a parabola curve of diminishing returns beyond which that student's work deteriorates. This would be an addlepated view of theperformance capabilities of students at this school. Another instructor, in defense of the current time-restricted format, stated that the current system must be superior because he had received a number of 'H' quality papers (approx. 8%). This inverted kind of reasoning is akin to the argument that because 10 people out of 100, on average, are able to drive down Main Street at 120 miles per hour without killing anyone, we should therefore raise the speedlimit to 120 miles per hour. The present foods or drinks that are not acceptable to eat during classtime? Signed, Offended by Orange Smell Dear Offended: As I told "Irritated," class attendance is a must and one should never leave in the middle. As far as snack food goes, I personally prefer celery. However, the next time the Orange Muncher starts peeling I suggest you smile and do the same with an onion. He or she will get the hint M.S.P. mingled with white neighborhoods, and both are ready to fight racism, then this country will learn what revolution is really about. I could continue at length, but I believe that I've given enough insight to whatthe people in the school and country should focus on. I'm sure I will receive criticism for this article, but that is why they call it The Opinion. Not everyone is a racist, including myself. I just thought it best to expose the fact that many people don't actually support the cause they say they support. Either we begin to focus on the issue now, or we let radical racists make the changes for us. All those in favor of race relation enhancement should act now. from page 5 exam format, at most, merely establishes the minimum threshold requirement constituting the definition of a 'lethal dose' of bedlam and recklessness. It is like arguing that an LD 50 test establishes the safest, most efficacious dosage level for human consumption (an LD 50 test is a drug/chemical dosage experiment calculated to kill 50 percent of the sample; usually innocent healthy animals). The current exam format has established itself as constituting a lethal dosage level of harum-scarum, foolhardy speed where 80 percent of the sample are fried on the exam skewer within 4 hours of consumption; that is not most people's idea of a marketable product. Yet another professor has argued that the key to Taking an exam with good CH') results is organization; This instructor states that with sufficientfocus on organization, the student will be able to 'say more while saying less' (the implication here being that this will all take less time). This argument speaks to the student's writing ability in conjunction with her/his grasp of complex legal issues. While this axiomatic statement is not entirely false, it nevertheless fails to escape another proverbial truism, that such analytic foreplay is the product of reflection and deliberation, elements that have been devalued by and essentially bred out of the current exam scenario. This instructor's argument falsifies the situation by implying that astute organization is not the product of numerous revisions with considerable time expenditures. The fact is that this exercise does represent a substantial time-displacement factor that the restricted exam format eviscerates. The statement perpetuates the myth that we can acquire benefits without liabilities; it's that 'free lunch' argument. To "say more while saying less" is to exercise a skill of analysis through deliberation and revisions; and these exercises have a time-displacement impact on reality despite our theoretical abstractions to the contrary. This simple fact is not weakened merely because the instructor cites those cases where the 'victim' survived the severely time-restricted format, since thisis like arguing that a drug is safe simply by citing the 50% that survived the LD 50 test. By giving all students a sufficient amount of time for these exams we put everyone on a level playing field at the outset. We also eliminate all other irrelevant influences that effect the outcome of the exam. It also enables each student to type the exam paper if s/he so chooses. It stretches credulity beyond reasonable limits to believe that the instructor does not, on some subliminal level, read the paper of a student who has naturally good handwriting and conclude that this student therefore has a clear, crisp, organized understanding of the issues, while looking at the 'chicken-scratch' handwriting of some other students and drawing the inference that this student is disorganized with only an obscure, disjointed perception of the issues. This is precisely the point made in the research and writing text which all first year students were required to purchase as an authority on legal writing. Giving students the opportunity to type their exam is an important aspect of creating a level playing field at the outset. It requires a discerning kind of honesty for an instructor to acknowledge the validity of this argument. It requires much less insight to deduce thefact that the current 'sprint' format does not realistically avail most students of the opportunity to type their exam papers. At bottom, we might ask ourselves, "Is there a sound rational basis for purging the deliberative student under the assumption that s/he has inherently inferior capabilities?" Statistics tend to indicate that 'faster' has a perfect positive correlation with 'more errors' and inferior quality in workmanship when pushed the extremes where these exams tend to loiter. The world has been overpowered, by a 'rat-race' mentality, convinced that enough is never enough and now is never soon enough. We're a species that's tearing through reality with 'the pedal to the metal' at breakneck speeds, dressed-up to go nowhere and in a hurry to get there. Well I suggest that we have finally arrived (nowhere), and this truth finds its fullest expression in the SAT's, the LSAT's and the current time-restricted exam format. If there is really a 'progressive' law school with more than lip-service commitment to an enlightened path, let us have the insight, the honesty, and the courage to jettison those obtuse, mandarin conventions whose effect has betrayed our intentions.The long-held traditional, time-restricted, one-pop, no-feedback final exam format is analogous to a biological anachronism, like the human appendix, which is biophysically useless, but is ornery enough to kill us if we don't have it quickly taken out oncewe realized it is bloated and infected. In no way has this analysis presented exhaustively the full array of insuperable arguments against the prevailing time-restricted exam format. It has, however, established sufficient grounds for lancing this obscene pustulation before it infects any more students with the cynical perception that squalid conventions always prevail over insight and reason. I respectfully request that each and every instructor at this law school allow a minimum of 24 hours to take the final semester exam (based on the prevailing gamut of material covered in the typical exam). This request presumes that the size of the exam will not be so expanded as to negate the benefit of the additional time allocation. I do recognize that there are instructors to whom these criticisms do not apply, and to them I sincerely extend my gratitude for their honesty and their insight. Sincerely, Gary B. Ketcham March 1,1989 The Opinion 7 �BAR REVIEW Spring Semester Discount When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1989 1989 Regular Tuition Spring Semester Discount p V TOU ray $1050 $950 New Jersey $825 Massachusetts, Conn., Maine, $925 <t*"ir|f\ $725 New York V ■ ww NKRIorVT 1989 Regular Tuition Spring Semester Discount <t*-fQj£ iDNrtfTftt) JLa^J £^2eW LjJ^± 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 516/542-1030 914/684-0807 $825 You Pay onlyJ * Spring Semester Discount ' $925 $1050 $825 New Jersey Massachusetts, $925 Conn., Maine, NH, RIorVT . Class of 1991 & 1992 Class of 1990 New York . omy 160 Commonwealth Avenue Boston, MA 02116 617/437-1171 $700 You Pay only $900 HCA *|>1%/U $800 $675 $775 Remember: The last day to secure this diSCOUPIt JS H/lADOU OOnrl IVIAriOn dLdLUO A $50 registration fee reserves this price. 8 The Opinion March 1, 1989 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-03-01 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ed490c6a5207fdd028b3199e3ac959ec.pdf 73f2900a758d07510e4035b4d384c145 PDF Text Text THE OPINION Volume 29, No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 21, 1989 Professor Phillips Comes to U.B. With Diverse Interests that Ms. Phillips first started learning about the UB Law School. Then, last summer Prof. Phillips met Professors Betty Mensch and Alan Freeman at a conference and discoveredthat they were all doing closely related work regarding the First Amendment's religion clause. It was the opportunity to build a community of people, at Buffalo, doing work on law and religion that proved to be one of the lures that brought Ms. Phillips hereto the University of Buffalo. by Bruce Brown Stephanie Phillips is the newest addition to the UB Law faculty. A 1978 graduate of the UB School of Business, Prof. Phillips is new to the law school but not to Buffalo. Her return to the area, however, was sparked by an attraction to the UB Law School and itsfaculty ratherthan its locale. It was through her membership inthe Critical Legal Studies (CLS) community Civil Rights Activist, Angela Davis, spoke at U.B. in honor of Black History Month Prof. Phillips' interest in Critical Legal Studies began at Harvard Law School where she worked as a research assistant for her Torts professor, Duncan Kennedy, a well known CLS scholar. A 1981 graduate of Harvard Law School, Ms. Phillips called her time there "incredible" and "the most intellectually satisfying experience that I've had." It was as a student that Prof. Phillips became interested in studying jurisprudence, legal history and the theoretical aspects of law which, she feels, enriched her whole law school experience. Prof. Phillips brings to UB LAW a variety of law related experience: she has taught Legal Writing, Women and the Law and Labor Law at the University of Miami Law School. She was a member of theStaff Attorney's Office forthe Ninth Circuit of the U.S. Court of Appeals in San Francisco, where she worked primarily on Fourth Amendmentsearch and seizure cases and civil rights actions. She has also worked as an attorney for a Miami lawfirm, Steams & Weaver, where most of her time was takenup by work on securities fraud and commodities fraud cases. Last year, Ms. Phillips was a Hastie Fellow at the University of Wisconsin Law School. The Fellowship, which was used in an L.L.M. program, is named after a civil rights attorney who went on to become a judge on the Washington, D.C. circuit. Her work in Madison con- sisted of research and writing on theFirst Amendment's establishment clause. Prof. Phillips is scheduled to be awarded her L.L.M. next semester. Two basic substantive areas are of interest to Prof. Phillips: theFirst Amendment's establishment of religion clause which she views as a matter of social and political theory having implications for whatthe public role of religion should be in a democracy or republic. The other, an outgrowth of her law practice in Miami, is securities and commodities regulation. Ms. Phillips is currently teaching Conflicts of Laws. The class focuses on the choice of law when there is a dispute between parties that come from different states, questions of jurisdiction and certain federal-state problems that arise around the Erie Doctrine. The course involves how one applies certain rules and standards and the ramifications of choosing one general approach over another. Next semester, Prof. Phillips would like to teach Securities Regulation and a seminar examining the responsibilities of corporate officers and directors as well as the economic impact of theleveraged buy-outs and hostile takeovers of the last ten years or so. Professor Phillips said that she is thrilled to be here and that she has received a warm welcome from both the faculty and students of UB Law School. Dave's Demons Rounded Out Amid Much Praise by Vincent Falvo "Goliath!" "Juggernaut!" "Steamroller!" And so on, raves the collective basketball intelligentsia of Buffalo who have witnessed the last minute preparations of the law school's entry in the Fourteenth Annual Springfield Basketball Tournament to beheld February 24-26. As Dave's Demons reach the culmination of their year-long training regimen that has produced the most well-prepared squad in years, the sendup has been nothing short of spectacular. Over 20 law schools from all over the East Coast will be represented in the perennial classic. This year marks the third time that U.B. Law will travel to Massachusetts in search of a championship. The normally-reserved Dean David Filvaroff, for whom the team is affectionately named, joined the ranks of the hopeful and became downright effusive in his appraisal at a recent photo opportunity. After the short ceremony where he was presented with an original issue certificate of Dave's Demons stock, the Dean could be found already reserving a place in his third floor office for the tournament amongst the action only to "reappear" on the business end of a pickpocket steal or monster slam. Curiously, Ashe and Arias insisted on being accepted onto the team as a package deal so as not to interrupt their string of championships dating from their Hamilton College varsity days through those with the intramural powerhouse, Harambi. Equally noteworthy is the last minute addition of Nelson E. "Courteous Ned" Schule who emerged from the long practice sessions as a valuable defensive substitution. Though perhaps less gifted talentwise than his teammates, Schule is all hustle, desire, and perpiration. A member of the infamous 1986 Colgate University team which ended the season 0-28, Schule is remembered as much for his 9 inch vertical leap as for the incident in a game against Georgetown University where he threw a freethrow completely over the backboard. If one player exudes the confidence, guts, and rockhard discipline of Dave's Demons, it is most assuredly this auburn-haired scholar. Late acquisitions such as Ashe, Arias, and Schule are not the only recent news concerning the team. As yet, the team has still not selected a head coach, although several candidates remain under consideration. Mystery also continues to surround the identity of the first-year phenom who was specifically recruited to play in this tournament. Members of the Duck University Law School team, from whom this propsect was spirited away, had filed petitions with tournament officials to prevent his appearance as well as a shoddily-drafted request for an injunc- HIGHLIGHTS trophy. The source of this uncharacteristicebullience springs as much from the confidence of seasoned tournament veterans as from selected newcomers hungry for a title.Asa result of brilliant eleventh hour negotiations, a pair of Hamilton College graduates were added to the already powerful lineup. Third-year student Mason "The Slashe" Ashe brings his uptempo style and formidable court presence to the point guard position while second-year Victor Arias is being pencilled-in at the small forward position. The Arias acquisition is a particular cause for celebration this player's court movement is so fluid, so liquid, that he often "disappears" — tion in federal courts in Springfield and Buffalo. The motion would not merely have prevented this player from participating in Sprinfield but would actually restrict him from leaving Erie County during that weekend! Only immediate, deliberative motion practiced by team attorneys defeated these desperate actions and have assured the presence of this mystery player in Springfield. Not all the off-the-court developments have been salutory. Negotiations with the Anheuser-Busch Corporation, makers of the world famous Budweiser beer, that would have resulted in a financial sponsorship by the brewery fell through last week. Several participating teams have resorted to these types of sponsorships. Yale University, for example, is being sponsored by the Trump Plaza Casino Hotel in Atlantic City. While not attempting to hide their disappointment, team member's explained that Budweiser's insistence that the team wear red uniforms (See Dave's Demons, page 3) In United Slates v. Mistretta. the Supreme Court, while upholding the 1984 Sentencing Reform Act's constitutionality, has admitted that "rehabilitation" is not a goal of incarceration. The court also allowed the Congress to eliminate pg. 3 the Federal Parole System . I: Nelson Schule. Dan Devine; Row 2: Shawn Griffin. Dean Filvaroff. Vince Falvo. John Dagan: Row 3: John Kttrens Row . The Honorable John T. Curtin will be given the Jaeckle Award at Alumni Convocation on Saturday, March 11. 1989 at the Center For Tomorrow pg. 5 �TMNKLKE AIMER The Marino Method Listen up. . You could learn and memorize even' single piece of N.Y. & N.J. law. Every statute, every amendment, every case application. And still not pass the bar exam. allows you to become adept at dealing with the format. With personal attention, critiques and evaluations, you will preyou learn now to develoP parC your Wn Study uidc; ° tne ofresponses that will gain you critical points on exam. 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This 1-800-J-MARINO. \ ft^^U^^ \^^^ 2 The Opinion February 21, 1989 * - �P Crimal rocedure: Supreme Court Upholds Sentencing Reform Act Two weeks ago theSupreme Court, in Mistretta v. United States, upheld Congress' Sentencing Reform Act of 1984. In so doing, the High Court let stand the Sentencing Guidelines created by an independent body in the Judicial branch, the United States Sentencing Commission, pursuanttotheSentencingReform Act. by Alexei Schacht vict's sentence should be, whetherthere should be a fine, and so on. The parole system, significantly, involved a "threeway sharing" of sentencing responsibility. Congress defines the maximum and minimum sentences, the judge imposes a sentence within the statutory boundaries, and the parole commission, part of the executive branch, has the discretion to release the prisoner before the judge's sentence expires. News Editor The Mistretta case, while decided on the basis of the separation of powers concept, must be analyzed for its sweeping rejection of rehabilitation as a purpose of incarceration. Traditionally, theFederal Government used systems of indeterminate sentencing and parole. Indeterminate sentencing gavethe judge wide latitude in determining, for instance, how long the con- In Justice Blackmun's words, writing forthe Mistretta Court, both the "indeterminate sentencing and parole were based on concepts of the offender's possible, indeed probable, rehabilitation, a view that it was realistic to attempt to rehabilitate the inmate and thereby to minimize the risk that he would resume criminal activity upon his return to society." Many people, obviously, came to question whether "rehabilitation" was a serious, or even possible,goal of our penal system. Congress took notice of this, and the Senate Report on the 1984 Act referred to the "outmoded rehabilitation model" as it acknowledged that, in Blackmun's words, "the efforts of the criminal justice system to achieve rehabilitation of offenders has failed." This is a major admission by theSupreme Court. Largely because of this, and the fact that judges often gave widely disparate sentences for similar crimes, the 1984 Sentencing Reform Act was passed. The 1984 Act made five main changes in the law. First,"...the guidelines reflect the inappropriateness of imposing a sentence to a term of imprisonment for the purpose of rehabilitating the defendant. ."28 U.S.C. section 994(k). On the other hand,imprisonment should serve retributive, educational, deterrent and incapacitative goals according to the Act. 18 U.S.C. section 3553(a)(2). Second, the Parole Commission is to be abolished. Third, all sentencing is to be basically determinate. Early release will only be possible through credit given for "good behavior." Fourth, the Sentencing Commission's Guidelines are to be binding on the courts. Fifth, appellate review of sentences will be limited. The Mistretta case came to the Supreme Court because some trial judges, claiming that they were unconstitutional, had refused to follow the Guidelines. Moreover, even the Ninth Circuit Court of Appeals had invalidated them on separation of powers grounds. So, to clear up the confusion, John Mistretta, sentenced to 18 months imprisonment for the sale of cocaine, had his appeal heard. Mistretta's appeal was based on two central questions. Namely, whether the nondelegation doctrine or the separation of powers principles were violated. Environmental Law Society Has Full Agenda Judging from its first meeting, the members of the Environmental Law Society (ELS) are set in high gear to work for a cleaner and more environmentally conscious world.At its recently held first meeting, the ELS outlined its agenda for the coming semester. Commencing its "Distinguished Friends O' the Environment" Lecture Series will be Dr. Barry Commoner, environmental lawyer, city planner and onetime presidential candidate. Dr. Commoner is an inspiring lecturerand wildlygifted intellect. He will speak at the UB campus on Monday, March 13th,at7:00 p.m. in Knox Hall. The lecture is being cosponsored by the ELS and the UB Recyclers. by Michael D. Gurwitz Staff Writer Recycling is an integral component of reclaiming the environment, and in this respect, the ELS has not shirked its responsibility. Last semester, recycling bins were installed in the law school mail room. As expected, they were amply filled withthe endlessnotices with which law students are blessed. To remedy the problem of students unwittingly and unfortunately throwing non-paper goods in the bins, the bins have been redesigned by ELS Board Member Jim Monroe and now sport a picture of the great, unpolluted outdoors and a conspicuous sign requesting only paper goods. Any reasonable law students cannot now confuse the purpose of the bins. Additional bins will be installed in the faculty lounge and theAudio Visual (AY) room. All students are encouraged to use them. American crops are sprayed with a wide variety ofherbicides and pesticides. These poisons fill our air, leech into the soil, and eventually make their way into our water supply. Food animals are fed human growth hormones to encourage abnormal size, and are raised in factory conditions which are so brutal that the animals must be dosed with antibiotics to keep them alive. People who eat meat are also eating these hormones and chemicals. While a growing minority of Americans are now producing and consuming organically raised foods, the vast majority ofAmericans are still the unwitting victims of the Agricultural "Profits, not People" industry and the petrochemical companies which supply their poi- sons. To combat this corporate disregard for the health of people and the environment, the ELS is organizing a Safe Foods Project which is aimed at increasing consumer awareness of the myriad of poisons which lace most of their food, and at encouraging a switch to organically grown produce. Washingtonisalso under pressure from public interest groups to reduce our dependance upon poisons and drugs in food production. The Safe Foods Project will include a direct action program to encourage our governmentto place the health of its citizens above the profits of Agribusiness. Corporate greed and third-world desperation are also at the heart of the horrific destruction of tropical rainforests. To supply the world with exotic wood and cheap beef forcarcinogenicfast-food hamburgers, tropical rainforests are being cut down as fast as the chainsaws can rip through them. This is resulting in the total annihilation of the plants, animals, and aboriginal peoples who dwell in these forests. But rainforest destruction also threatens you and me! At a time of increasing desertification around the world and the deadly Greenhouse Effect, tropical rainforests are one of the few natural resources which actually workto reduce the amount of carbon and other heat-trapping gasses in the atmosphere. For the sake of every living thing on the planet, theseforests must be saved. The ELS is organizing a Tropical Rainforest ProjectXo increase public awareness of rainforest issues and to generate direct action against the criminals who would destroy the forests for short-term profits. Other projects in the works include joining a local citizens group in a clean water action suit, and fighting the creation of new toxic and radioactive dumpsites in Western New York. The ELS will keep notices of its progress on its bulletin board in the second-floor mailroom, and in its office in Room 604 O'Brian Hall. Student and faculty input are encouraged. Buffalo Site of National BLSA Regional Conference by Alice Patterson The University of Buffalo Black Law Students Association hosted the 21st Annual Northeast Conference on February 2-5 at the Hyatt Regency. The BLSA job fair was established to improve the inequities minorities face in their search for employment in the legal profession. The job fair provides an opportunity for minority law students and perspective legal employees to be brought together. The major goal of the conference is "to reduce some of the many barriers which minorities face in gaining employment and to increase minority representation in the legal profession." "19905: BOLD TACTICS FOR LIBERATION" was the conference theme. Northeast Regional Director Mason P. Ashe feels that although we are still in the 1980's, now is the time to "set the agenda for the future that will help improve the condition of Blacks in this country nationwide." The conference was more than a job fair, it was a celebration of Black History Month. My first opportunity to attend the conference came on the second day. I was surprised and pleased by the large attendance of the minority legal community. My surprise was not at their attendance, but my ignorance of the fact that Buffalo and its surrounding area has such a wealth of minority legal minds. I had the pleasure of watching them in their role as justices in the Frederick Douglass Moot Court Competition. In my capacity of clerk, I was fortunate to see minority studentsfrom Buffalo, Stanford, Harvard and Yale compete. They were well prepared, professional, and dynamic in their efforts to persuade the justicesof the correctness of their positions. If moot court was one of the high points of the day, the response students gave me when asked how they felt their interviews went was the low point. Most of the students felt the firms were there to make a policy statement of being a minority recruiter, and that offering employment was an impossibility, or a remote possibility at best. A few students, however, did emphasize their belief that the firms they interviewed with are viewing them with employment in mind. The Honorable Rose Sconiers, City Court Judge of Buffalo provided insight into what she called the political "game" that minority students must master to thrive and grow in the legal community: Join law school activities and community political activities to understand howeach organization operates to become cognizant of the rules. She spoke of her uphill climb to become a city court judge. The judge is emphatic in her belief had it not been for knowledge of the "rules," she would have lost her third-time bid for the seat. Judge Sconiers is a role model to minorities. She is one among many who carries the torch to illuminate the path for those of us who have just begun the journey. JAG Corps Ban Put On Hold On Friday February 17, 1989, the law school faculty decided to hold in abeyance its ban against on campus recruitment by those employers who discriminate on the basis of sexual orientation. These groups include the U.S. Marine Judge Advocate General's Corp (JAG) and the FBI. Recruitment by the JAG Corp, which specifically states in its guidelines that recruits must not be homosexuals, was at the heart of the decision by the faculty to broaden its anti-discrimination policy in September of 1988. It seems clear that the decision to put the policy on hold, comes not from a change of heart on part of the faculty but from a confusion of who exactly has the authority to implement such a policy. This is the problem that law school officials and university officials will be working on in the coming weeks. Internally the law school will need to decide precisely where it stands on the issue and what concessions it will be willing to make so that it can stand on common ground with University policy. Dean Filvaroff will be meeting with leaders of student organizations on Friday at 5:30 to discuss the problems surrounding the anti-discrimination policy. (Portions of this article were based on an article in the Buffalo News on February 18, 1989.) Ed.'s note: This news was too late breaking to receive the prominent placement in the newspaper that it deserves. There will be more extensive coverage in the next issue ofThe Opinion. Dave's Demons emblazoned with their trademark was the sticking point in the failed deal. Additionally, there existed a subcurrent of belief that such a sponsorship amounted to a promotion of alcoholism and that the stereotype of a half-drunk athlete stumbling out of a motel room on the way to the gym should be retired forever. Talks with the Miller Brewing Company were simultaneously ended. Perhaps the most intriguing aspect of this effort cannot be found among the Xs from page and Os on a blackboard or the numbers of success in intercollegiate athletics. With hopeful anticipation, team leaders have assiduously planned the team's final days before tipoff at 5 P.M. on Friday, the Twenty-fourth, involving strict diet of complex carbohydrates, extensive exercise, and spiritual activities. The last category is rumored to include a private screening of the film classic "Knute Rockne All-American," starring former Commander-in-Chief and leader of the — I Free World Ronald Reagan, for inspirational effect. The only greater motivation, states reserve guard Dan Devine with his customary broad stroke, is, "the knowledge that this team is a direct embodiment of all that's good, and true, and right in college sport and America itself, and that, as such, we possess the power, nay the responsibility to dish out a first class stomping to anybody foolish enough to get in our way." Bravo. — February 21, 1989 The Opinion 3 �Second Year Students Bowl Up A Storm by Gary Hall Pictured from left to right: Toast. Noonan, Captain Townsend. Mono: seated: Arcenio N THIS WEEK: ( — Avfc>Solu.-t-«_lt« V. NEW YORK Mo-HtA*!*. _ j ) ( for last season was 139, with a range from 122 to 170. The games were played Thursday nights at 9:30 p.m. which at times made productive Fridays difficult or impossible. League bowling, however, is a violently competitive sport and the members of Secondhand Love gladly devoted the large amounts of time and effort needed to guarantee the championship performance. Beverages are available for both lower (Stroh's) and upscale (Molson Golden) budgets. Secondhand Love plans to compete in the College League this semester as well. Due to the new semester's schedules the team will now also include Joe "Mad Dog" Militi. Details for league play were not available when this article went to press, but all interested bowlers are invited to participate in the league this semester and challenge Secondhand Love's sure dominance. The athletic odyssey that is bowling was challenged and mastered last semester. Five second year law students competed in the College League at the Sheridan Lanes in Amherst, and the team finished the season in a three-way tie for first place. The weekly competition was intense and it is entirely possible that the team would have been the undisputed champion had it not missed a week in mid-November due to a crushing academic workload. Unfortunately, a tiebreaker after the last week's games deniedtheteam its rightful placeatthe top. The team, comprised of Captain Peter "Townsend" Farrell, Gary "Arcenio" Hall, Jeff "Toast" Markello, Shawn "Mono" Monfredo, and Chris "Noonan" Reo, is called Secondhand Love, which is an obscure lyrical reference to the negative aspects of recycling. The team average f '5 / f~ ( '. A *"">««*•«»■ ) y /"<" Se p W^+;«.*.*-t»k t^-^-*-——"V HCPLR T """*\ t HUK Mini-Review: An Overview of New York Practice and Procedure Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be offered live in New York City and on audio- or videotape in locations throughout the United States. ___ 4 The Opinion February 21, 1989 li M BAR REVIEW Z ~. Presentation | Date: For further information, contact your local BAR/BRI representative, or: bar/bri 415 Seventh Avenue, Suite 62 New York, NY 10001 212/594-3696 \ mWM Z T (> / JA / m* rr~\JLJVI/ ' m J � l\ VT Time: Atju^xJcGJh Place: f*HHOON^» ' ' '9688AP34i �Law School Announcements PLEASE DONATE TO A Law School "DINOSAUR" SHIRTS For Sale $10.00, X-Large Contact: MELANIE JENKINS Box 116 CANNED FOOD DRIVE TO BENEFIT BUFFALO HOSPICE To Benefit The Orientation Committee The National Black Law Students Association Twentieth Annual National Convention and General Assembly Please Bring Your Cans To Ist Floor Collection Table Or To The Box In The Mail Room Anytime Sponsored By: The Federalist Society Phi Alpha Delta Coming ofAge: Economically, Politically and Socially March 9-13, 1988 National Clarion Hotel Crystal City, Va. — Commemorative Journal The deadline for the next issue of The Opinion is Monday, March 6, 1989. Scales-Trent Speaks At First Brown Bag of Semester by Alice Patterson In a series of Brown Bag lunches, the Association of Women Law Students presented Professor JudithScales-Trent. The professor's field of expertise is employment discrimination, and before coming to UB Law School, she worked for the Equal Employment Opportunity Commission in Washington, D.C Professor Scales-Trent spoke to a small, yet interested, group of law students on "Women of Color and the Law." She began with a discussion of the inequities women of color face in the pay scale. At the top of the pay scale are white males, followed by black males, then white females, and last are black females. The inequity in pay between a white male and a black female employed in the same job is a whopping 2.5%. Some states, such as New York, have perceived this inequity and are in the process of rectify- ing the egregiousness present in this situation. As a woman of color, she spoke of her personal experiences in the work place. A paper she wrote was accepted by a prestigious law publication. A colleague congratulated her, not on her skill and expertise, but on her "luck." The perception, conscious or unconscious, was that people of color are not as skilled as their white counterparts, therefore, "luck" was the catalyst that provided acceptance of the paper. Professor Scales-Trent is in the process of researching studies done on women of color and the law, and because of the sparseness of data, she is in effect trail blazing the way for others. This summer the professor will continue her work in this area and hopes to include in the UB law curriculum a seminar on women of color and the law by next spring. Sexism from page 7 husband's name. Female attorney's clothing is the subject of judicial comment. Women are still the object of sexual harassment at work, and are grossly underrepresented in partnership positions. And among the population at large, women earn only sixty-five percent of their male counterparts' wages (according to the latest Rand Corporation study). That sexism is often not taken seriously is part of the problem, not a measure of the insignificance of the issue. Perhaps some of the invisibility of sexism can be explained by a comparison with racism. Racism often exhibits itself as animosity and violenced toward members of minority groups, an evil that is easily recognized (though not successfully addressed) in a so-called peaceable society. Sexism, on the other hand, is displayed as protectionism of woman the male society insulating the fragile female from the danger of "tough jobs" —and it is this very protectionism that limits her opportunities. Sexism glorifies (or, more accurately, objectifies) a woman's beauty and nurturant qualities, simultaneously devaluating her other attributes her brains, for instance, her ability to be assertive and pull her own weight on the job. — — Protectionism is pervasive because of the widely held belief that it is necessary, that women just can't take the heat. (This is analogous to the once widely held belief, now repudiated, that blacks were an "inferior race," and thus justified their low status in society.) And protectionism is accepted because it is not "really harmful," or not the same obvious harm of hatred and violence that is engendered by racism. It is up to us as individuals and groups within this law school to recognize and address any form of discrimination when we see it. If we cannot eradicate discrimination within our own "ivory tower of enlightenment," it is hypocritical and hopeless for us to try to make changes elsewhere. Students and faculty should do all in their power to make in uncomfortable and unacceptable for statements like these to appear. Racism is often expressed by the majority as distrust and intolerance of a minority's cultural differences. Sexism is usually not a function of cultural differences. Men and women who interact in our society are frequently from the same cultural background and are in more or less intithey may be memmate relationships bers of the same families, communities, and churches, and may be in romantic relationships of various intensities. The fact of these intimate relationships makes it more difficult to recognize sexism for the inequality that it is. It is therefore not surprising that this form of discrimination is different from racism, that it manifests itself not as segregation but as subordination and inferiority. The fact, however, that the source of sexism is different from the source of racism makes it no less tolerable for those who are the objects of it. It may be argued that the comments on the Moot Court board were "just a joke" between friends, and were never meant to hurt anyone. I think it telling to point out, however, that no racial slur in such a context would be acceptable, even an "affectionate" reference to a black colleague as "nigger" or an "endearing" comment to a Hispanic peer as "spic." It may be that the harm caused was entirely inadvertent; but as described above, sexism is so intransigent precisely because it is not commonly identified and not seen as "harmful." It is the insulting and discriminatory effect, not the intent, that should be condemned. Finally, it is important to note that these statements were not merely comments made in class by an individual representing only himself herself, or "jokes" made privately between friends. These picture:and captions were displayed in a public forum, posted by a group that represents this law school. It is a misuse of the re sponsibility inherent in that representation that sexist attitudes should be promoted from such a platform. — February 21, 1989 The Opinion 5 �OPINION JUT STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 9 February 21, 1989 Editor-in-Chief: Daniel Ibarrondo Cruz Managing Editor: Donna Crumlish Features Editor: Business Manager: NewsEditor: Layout Editor: Photography Editor: Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Staff: Judy Buckley, Vince Falvo, Gary Hall Contributors: Bruce Brown, Lenny Cooper, Michael D. Gurwitz, Eric Katz Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Why Must There Be Discrimination? Viewed in strictly legal terms, the recent JAG controversy has raised some interesting as well as troubling questions involving constitutional law and university policy. Unfortunately, as has become so familiar with cases of discrimination, the actual fact that the discrimination occurred doesn't seem to surprise many people. This is scary, since it indicates that discrimination has become something which this society takes for granted. People tend to take for granted things which occur with some degree of frequency. With this in mind, is it any surprise that discrimination is taken for granted in this country? Less than six generations ago, blacks were still being bought and sold as slaves. Although slavery was officially abolished in 1863, blacks were still governmentally discriminated against (and arguably, still are) as little as three decades ago. At the same time, this great republic of ours has only been allowing women to vote for a little more than half a century. Who can forget the fact that the U.S. Government placed thousands of American Japanese in concentration camps during World War II or the treatment of American communists during the Cold War? Another group which has been persecuted, and virtually eliminated from American society, are Native Americans. Indeed, the treatment of the American Indian may be the most disgusting chapter in this country's brief history. With a history such as this, is it any surprise that the notion of discrimination has become ingrained within our culture? America has been called the "great melting pot," but somewhere along the line, someone turned off the heat. Blacks, Jews, women, Hispanics, and homosexuals are still denied access to many of the things which this society has to offer. Officially, this government has attempted to attack some forms of discrimination. The clearest example is the Fourteenth Amendment to the Constitution, which contains the equal protection clause. As important as the Fourteenth Amendment is, however, it's unfortunate that an equal protection clause was ever needed. It says a lot about a society when it is forced to legislate the equal treatment of its own citizens. Equal treatment of individuals is not, and should not have to be, a legal issue. It is an issue of humanity, of how individuals should treat other individuals. Unfortunately, the basic principle of individual equality has been buried in a multi-tiered society where, as George Orwell stated in Animal Farm, "some individuals are more equal than others." Although people clearly take discrimination for granted, why should this be? If we are as civilized a nation as we purport to be, isn't it about time that we act civil towards one another? Although we can put the proverbial man on the moon, we can't live peaceably amongst ourselves. What makes discrimination such an absurd phenomenon are the principles upon which it is based. It can be argued that discrimination, when done fairly and for logical reasons, is practical. For example, the legal profession discriminates against people who haven't passed the bar exam. That is to say, anyone who hasn't passed the bai cannot legally practice the law. Most would agree that this makes sense. However, when discrimination is based solely on criteria such as race, gender, sexual preference, ethnicity, orreligion, it doesn't make sense. It's an open admission that we don't want certain groups to have access to certain things, not because they are unqualified or undeserving, but because they are different. The weakness, as some people have suggested, doesn't lie in the groups being discriminated against. It lies in the weaklings who are unable to accept these differences. For now, attacking discrimination legally (when possible), is the most practical method of trying to right a wrong. In the end, though, it's not simply a battle between those discriminating and their victims. It's a struggle which pits mankind against itself. Sadly enough, it appears that mankind is bound to lose. 6 The Opinion February 21, 1989 The Opinion Mailbox: Students Show Value of Homosexuals in The Military Dear Editor: It does not take a great deal of effort to see beyond the polemical posturing of Mr. Majchrzak's recent letter to the editor concerning the law school's current position of JAG Corps recruitment. He is quite clever in his manipulation of applicable law, but question whether he is right. Without reaching the merits of that particular issue, which has been strongly addressed by law school administrators, professors and fellow students, I would submit that Mr. Majchrzak's apoplectic I To the Editor In his letter to the Editor about the JAG Corps on campus brouhaha, in the last issue of the Opinion, Dan Majchrzak, Section 3,11, unwittingly betrays his true allegiances. Mr. Majchrzak, I believe, is actually quite anti-American and seeks to subvert our great American way of life by excluding highly qualified individuals from having the opportunity to serve and protect this great land. Mr. Majchrzak stated that "...before one can act as a Judge Advocate counsel, one must first meet the standard of moral and professional conduct incumbent on all U.S. Officers...homosexuals just do not meet these standards." On September 22, 1975, Sara Jane Moore attempted to assassinate then President Gerald R. Ford outsidethe Hotel St. Francis in SanFrancisco. The attempt was foiled by one Oliver W. Sipple. Mr. Sipple who, like Mr. Majchrzak, was a Marine, was assigned to presidential protection detail when he saw Ms. Moore about to shoot Mr. Ford and knocked the handgun outofhergrasp. Yes, Mr. Sipple, who died on February 4, 1989, was a HOMOSEXUAL. Presumably Mr. Majchrzak would prefer that men and women who, like Mr. Sipple, are homosexual not be allowed to be in the armed services. Given the fact that homosexuals, like Mr. Sipple, have bravely served and protected their country (and in Mr. Sipple's case SAVED THE PRESIDENT'S LIFE), I can only conclude that Mr. Majchrzak, and others who share his views on this subject, were sent by some insidious foreign power in an attempt to weaken our armed forces (or even to help facilitate a future attempted presidential assassination). Unfortunately I have no direct proof of this. However, as some prosecutors are fond of saying, the circumstantial evidence is overwhelming. Somewhat sincerely, Alexei Schacht reaction to the current policy is a pathetic display of "smoke and mirrors." In an attempt to deflect attention from the substantive core of the policy, he conjures up the demons of his pown particular political persuasion, complete with rhetorical invocations of "the law," selfrighteous incantations of "morality," fetishes of military "professionalism" and the requisite disembowelment of "the left." Before I am taken to task for a presumed anti-militaristic bias, let me publicly attest that I have a great respect for men and women who choose to devote a considerable portion, if not all, of their lives and careers to our country. However, I detect a fundamental lack of respect on the part of Mr. Majchrzak and JAG Corps for these very same people. In spite of a quite entertaining performance in obfuscation, Mr. Majchrzak inadvertently allows a little light to slip through his orthodox ritual of reactionary reasoning. When he attempts to raise Troy Oeschsner's comments on the current policy as an "exclusively gay-rights issue," we see the spirit which animates the entire facade of his hymn to Legal and Military Excellence. Mr. Majchrzak shoots himself in the groin when he flatly states, "... [Bjefore one can act as a Judge Advocate counsel, one must first meet the standard of moral and professional con[Hlomosexuals just do not meet duct these standards." Mr. Majchrzak's genuflection to standards of morality and professional conduct is odd considering the open, historical record of the government and military's treatment of gays and lesbians, both in and out of the Armed Forces, who have served this country, our people and the cause of democracy. I have never read whether or not there was any moralistic hand-wringing on the part of either the President, the Congress or the Department of Defense when a homosexual successfully broke the Axis Code during WW 11, directly resulting in our Allied victory in Europe. I don't recall hearing whether there was any beating of breasts in the OSS when it became policy to employ gay men for espionage work during the war and I doubt whether there was any pious mouthing about professional conduct either. Apparently OSS was more comfortable with immoral queers spying for the Allies, who they believed were less susceptible to discovery from enemy sexual seductions, than they were with moral heterosexuals, who they considered more likely to cave in to a little prurient enticement. Whatever became of morality and professional conduct when the infection of Red Hysteria induced a fever of anti-gay purges in the government and military during the 19505?I don't remember reading about any discussion by the military on the morality of destroying thousands of life-long military careers and lives of (See Homosexuals in the Military, page 8) .. Self Serving Students Insist on Styrofoam To the Editor There is a debacle going on in the Norton Cafeteria and all UB students must wake up and put a stop to it. The Undergraduate Student Faculty Association, in conjunction with the UB Recycles and the Environmental Law Society, has initiated a program to drastically reduce the use of non-biodegradable, ozone depleting styrofoam on campus. Its efforts are being nullified by a blind, self-serving, convenience oriented student body that insists on having styrofoam products readily available for local food consumption. It is such an inconvenience to these students to take the china back to the conveyor belt that they throw it in the garbage cans ten feet away. God forbid anyone would expect them to take china upstairs in Norton and bring it back when finished. The first week we attempted to convert to china Norton lost over $1000 in plates, cups and utensils. Much of it was probably carted off to the dorms for private use but a significant amount, including over 100 spoons, was found in the garbage. Many people give a lot of time and effort to slow down the damage being assessed against this planet on a daily basis... then there are the rest of you. Jim Monroe Environmental Law Society �Commentary... Destruction of Animals Necessitates "Liberation" Movement If you or I were to buy a rabbit from a pet store, take it home, and pour perfume into its eyes, we would be charged with cruelty to animals. When a perfume company doesthe same thing, it's "research," and thus acceptable. I see. If you or I were to shackle a dog by the neck and keep it in a crate no larger than its body, we would be charged with cruelty to animals. Micliael D. Gurwitz When a veal farmer does the same thing to a calf, it's acceptable, because it is done to a cow, not a dog. Of course. If a woman were to trap, kill, and skill 11 housecats, and then sew their skins together and wear them as a coat, she would be guilty by Michael D. Gurwitz Staff Writer of cruelty to animals. But if she did the same to 11 lynx, she would be a fashion plate. Why? Because housecats are domestic felines, and lynx are wild felines, and so it is acceptable to wear lynx skins. The logic is overwhelming. Welcome to the fight for animal liberation. I use the term "liberation," and not "rights," because more than one fool will ask "What, do you mean animals should be able to vote or something?" Of course not. Using the word "liberation" not only avoids such questions, but it also comes closer to the heart of the matter. Like people, animals see and hear, hunger and thirst, feel pleasure and pain, and enjoy companionship and warmth. Yet every year we subject billions of them to a hellish existence, just to satisfy our tastebuds, our curiosity, and our vanity. This essay is an appeal to all law students to join the struggle for animal liberation. Each year in the United States, over 5 billion animals are slaughtered for food, that is approximately 4000 killed every second of every day. Numbers like these don't come easily. The traditional farm of yesterday has given way to the factory of today. Pigs, chickens, turkeys, rabbits, goats, sheep, and increasingly, cattle, are crammed into tiny cages or shackled in sunless sheds, where they live out their brief, miserablelives in filth and pain, only to die a terrible death in the slaughterhouse. After they have been dragged, prodded, stunned, and slit from ear to ear, their bodies are hoisted into the air, the skin is slit, the internal organs removed, and the blood drained into buckets. Because their existence is so brutal, they are pumped full of antibiotics in an attempt to keep their bodies alive. The health consequences for humans who eat the flesh of these chemicallysaturated animals is grave, yet the meat industry continues its reckless practices. An industry which trives on slavery and sadism cannot be expected to show much concern for such trifling matters as human health. The ironly is that is much healthieer to be a vegetarian, as well as cheaper and far more environmentally sound. Perhaps it is a poetic justice that every time carnivorous humans pay for a cellophane-wrapped piece of dead animal, and then lift a forkful of the corpse to their mouths, they are systematically destroying their health, and shortening their lives, all for the sake of some little mouthful of flesh (and meat industry profits). We conduct medical experiments upon animals because they are inferior beings. This is our justification. The Nazis were also fond of medical experimentation. Their favorite model? The Jew. Why? Because the Jew was an inferior being. This was the Nazis' justification. One might say, however, that Jews and Nazis were both human beings, and despite what the Nazies said, were both possessed of the same overall amounts of intelligence and sensitivity, whereas compared to hu- mans, animals have less intelligence and sensitivity. Assuming that this is true, and assuming that intelligence is the factor by which to judge who or what is experimented upon, consider thefollowing: you are a researcher who has just received a large grant from the National Institute of Health to perform burn experiments. Anesthesia may interfere with the results, so none will be used. For your subject, you must choose between a perfectly healthy, mentally sound chimpanzee, and a very weak, severely mentally retarded human. The chimpanzee is shown to score higher on the IQ test than the human, and is quite obviously more aware of its surroundings (See Animals, page 11) Commentary... Sexism on Campus Must Be Condemned by Judy Buckley About a week and a half ago I had the occasion to walk by the Moot Court office and see the results of the Desmond Moot Court competition. I found the captions under three of the displayed photographs to be particularly offensive and sexist. Under the picture of a female competitor, whose upper body was shown seated at a table, read "Ever wanted to be a model, or just look like one?" In the second picture, two women on stage were hugging each other (apparently one of them had won an award), with the caption "And Miss America 1989 is ."Another picture showed three men glancing down at a book or papers, and the words underneath were "Boy, I missed that issue of . Playboy!" These comments are a serious affront to me, as a woman and as a law student. I am tired of people insinuating and even stating outright that I am overreacting to comments such as these. When will a woman's achievement be recognized as the product of her own hard work, and not analogized to a contest that gratuitously awards her for sex appeal? When will a woman's appearance be viewed as professional rather than provocative? And what does the exploitation for profit of the female body have to do with Moot Court? Sexism exists today, believe it or not, in our own lofty profession. Women lawyers are reprimanded in the court room for using their own rather than their (See Sexism, page 11) Affirmative Action and The Perpetrator/Victim Perspective by Kenneth Gomez Racism is one of this country's major social problems for which no one has been able to find an adequate solution. When seeing how deeply entrenched racism is in American society one cannot be blamed for being too pessimistic about possible solutions. One reason whyracism is so innate and ongoing, in the U.S. is because of white America's perception of what is racist and the words used to describe such acts. The perpetrator/victim perspective is a concept that encapsulates the two major opposing views on race issues in the U.S. The dominant group sees racism through the perpetrator perspective in that they can only see and speak on certain aspects in a dominant/subject relationship because as a whole they are the instigators and not the target of discriminatory acts. So absent actual experience they can only see a very narrow view of what it is like, if at all. The victim perspective is that of one looking up from the bottom and seeing the real picture. This perspective is usually seen through the eyes of the target of the actual discrimination. It will usually contradict the dominant group's view and will usually be silenced by the mere fact that he/she is in the subject class. In a dominant/subject relationship in terms of race, the dominant group will usually determine what is racist giving little regard to thefact that the subject group will probably know more about it than they. One has to realize that the perpetrator perspective is the dominant view and many members of the subject group fall into the trap of believing it, thus unable to rebutt a dominant argument. One good example of a warped perception of race relations is the issue of Affirmative Action and so called "reverse discrimination." We have always seen this issue through the eyes of the perpetrator and not through the victim's. When whites cry that quotas are unfair and that everyone should have an equal chance they fail to see that when blacks were blatantly discriminated against these same people failed to scream "Equal Education" for minorities. Why is that I suppose? Words are also a powerful tool that the dominant group uses to confuse issues. When the dominant group uses the phrase "reverse discrimination" it is to infer that blacks are discriminating against whites. Using this phrase is supposed to instill in us that blacks deny whites jobs, entrance to schools, and access to decent housing. To be a racist means to have power. Power by this definition means the tools to implement bias, thus affecting another human being's life. Blacks do not have the tools to affect other groups' lives through racism so they in a sense cannot be racist. Or for a better term, it is insignificant what they feel toward the dominant group because their hatred cannot transfer itself into a concrete conclusion. This is due to the lack of power to implement. Through the victim's perspective the phrase "reverse discrimination" is a misnomer. How can blacks discriminate against whites when they control absolutely nothing to do so in the first place. "Reverse discrimination" is another technique of the dominant group to blame the victim for the faults of the oppressor. The result being, whites screaming "get those («#%#(«* out of our schools, neighborhoods or whatever." If "reverss discrimination" is to be given an adequate name it should be called "selfdiscrimination" because it is white people who implement these programs at their respective white institutions and not blacks because they do not control these institutions in the first place. Being that racial minorities are the least defenseless in this game of "colors" the usual result istheirforced visibility in lily white institutionsand a white mob focusing theirfrustrations on the victims rather than their fellow whites in power. go through self-examination to correct the racist wrongs that are so innate in the American psyche. If Bakke's perpetrator perspective on eliminating affirmative action had been a total success it "would have thwarted minority admissions programs without in any way affecting the white, upper-class bias that permeates the admissions decisions of almost all colleges and professional schools" (Bell, p. 455). So if whites really want to fight these "self discrimination" programs they should attack their fellow whites who control these programs and even more so they should go through self-analyzation to find out why they themselves are so racist in such a "democratic" society. Will a majority of the dominant group ever really try to see racism through the eyes of the victim and effect change or will racial minorities quote from William Chancellor's book The Destruction of Black Civilization in which he says "the outlook is grim. For the black people of the world there is no bright tomorrow. The blacks may continue to live their dream world of singing, dancing, marching, praying and hoping, because of the deluding signs of what looks like victories still trusting in the ultimate justice of the white man; but a thousand years hence their descendants will be substantially where the race was a thousand years before. For white people, still masters of the world, do not have to yield. They have never changed their real attitude toward black people during all the passing centuries, and there is absolutely nothing upon which to base the belief that they will change in the centuries to come." Blatant discrimination has been so called "eradicated" only to be replaced by de facto racism that is harder to prove under Anglo-American law. In Derrick Bell's Race, Racism, and American Law he states that "working class whites fear that remedial assistance to blacks threatens the traditional status relationships between the two groups, with blacks on the bottom, clearly subordinate to these far from well-off whites. The working-class whites' heated and sometimes violent reaction to affirmative action programs, while usually aimed at blacks, manifests a gnawing concern that they have been betrayed by upper-class whites." (p. 454). It seems that the targets of these programs are blamedfor occupying relatively very few seats because it disrupts the "social order." The perpetrator's view will focus on very few minorities getting in, as opposed to privileged whites that get "preferential treatment" through accepted societal means of influence, wealth, and position. "Those regular admission requirements, of course, posed a serious barrier to lower-class whites as well as to minorities. But as history enabled us to predict, the attacks from upwardly striving whites like Marco DeFunis and Allan Bakke focused neither on the exclusionary effect of the general admissions process nor on the most-favored-status it provided well-to-do applicants. Rather, their challenge was directed at the relatively miniscule number of seats set aside for minorities to ameliorate the harmful effects of past discrimination" (Bell, p. 455). By blaming the victim for faults of the oppressor the system will not have to February 21, 1989 The Opinion — Page Seven �Judge Curtin To Be Honored With Jaeckle Award At Alumni Association Convocation U.S. District Court Judge JohnT. Curtin, author of some of the community's most important legal decisions, will be honored at a luncheon in the Center for Tomorrow on Saturday, March 11 by his alma mater, is best known for his desegregation decisions in Buffalo regarding the busing of schoolchildren, the establishmentof a nationally renowned magnet school program and the hiring of minorities and women to police and firefighting jobs. A 1946 graduate of Canisius College, and a 1949 graduate of UB Law School, he served as a U.S. attorney from 1961 to 1967. From 1975 to 1981, he was a member of the Judicial Conference Committee on the Administration of the Probation System. He also served as chairman of several Danforth Foundation seminars for federal judges and educators. Since 1986, he has been the Second Circuit District Court representative to the Judicial Conference of the United States. "During his 21 years on the bench, Judge Curtain has carried out his duties with skill and dedication and has earned our deepest respect," said Joseph G. Makowski, president of the UB Law Alumni Association. Morning Symposium The luncheon and award ceremony will follow a morning-long symposium the Law School's 13thAnnual Alumni Convocation. The program will also be held in the Center for Tomorrow starting at 9 a.m. This year's topic will be, "Directions for the 19905: The Impact of Buffalo's Changing Economy on the Legal Community." According to Margaret Lillis Snajczuk, chairperson of the Convocation, the morning program will help practitioners learn more about five areas of jurisprudence that experts anticipate will grow increasingly important in the decade to come. "The 1990's are almost upon us. As the Greater Bufflo economy continues to develop and change in exciting new ways, it will be vital for attorneys to understand current legal issues that involve international law, health care law, real estate law, environmental law, and high technology law," she said. Speakers and topics include: Dr. Andrew J. Rudnick, president of the Greater Buffalo Development Foundation, Inc. will speak on, "Buffalo into the 21st Century." — Honorable John Curtin the University at Buffalo Law School and the UB Law Alumni Association. Dr. Steven B. Sample, university president, will present him with the 1989 Edwin F. Jaeckle Award. It is the highest honor the Faculty of Law and Jurisprudence can bestow. The annual award is named for UB Law School alumnus Edwin F. Jaeckle, class of 1915. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and the legal profession. Judge Curtin recently stepped aside, after 14 years, as chief judge for the 17-county Western District of New York. He remains a federal judge and continues to handle a full caseload, but he turned over the court's administrative tasks to U.S. District Judge Michael A. Telesca of Rochester. He has been a judge since December, 1967 and was chief judge since 1974. He • Announcement From UB Student Affairs You are invited to participate in an allday leadership conference for college students in the Western New York region on Saturday, February 25, 1989. Scheduled at the State University at Buffalo from 8:30 a.m. to 4:30 p.m., the conference The program entitled Leadership: Choices and Challenges, will address issues of importance to students on campuses today and provide various skillbuilding workshops designed to increase individual and group effectiveness. In addition to the keynote address participants will have a choice of attending three different workshops. We hope you will decide to attend after looking over the enclosed program mate- ... rial and encourage other students on your campus to come. The conference will provide an exciting and stimulating educational experience for students as they interact with different people, confront new ideas and learn more about the process of leadership. Attendance will be limited so do register early. The advance registration fee of $15 will include morning coffee, confer- ence materials, lunch and the afternoon Please see the registration form for the discounted rate and policy on refunds. If you have any questions about the conference, please contact the office (636-2808). reception. Kandid Kamera, Inc. J. Kryzan of Whiteman, Osterman D. Rachlin of Kavinoky and Cook • Lauren • Alice will discuss basic concepts in interna& Hanna will discuss environmental re- • • tional transactions, including letters of credit, the Convention on the International Sale of Goods, license and distributorship agreements and the preparation and enforcement of contracts. Ellen G. Yost of Jaeckle, Fleischmann and Mugel will speak on the legal implications of the U.S.-Canada free trade agreement. Ellen Weissman of Hodgson, Russ, Andrews, Woods & Goodyear will discuss health care law topics, including living wills, durable powers of attorney, and "do not resusitate" orders. Professor Robert I. Reis of UB Law • School will speak on the attorney's role when representing real estate developers. quirements that are encountered when property is purchased for development, including the State Environmental Review Act, reviews necessary for financing and hazardous waste cleanups. Tricia T. Semmelhack of Saperston & Day, P.C. will speak on sources of business and financial advice for high-tech start-ups, property rights in inventions and new ideas, and learning how to license. A fee of $35 per person includes the convocation, Continental breakfast and luncheon. A limited number of scholarships are available for law students. If you are interested in attending, please sign up with Pat Warrington in the Alumni Office, Room 320 John Lord O'Brian Hall. • . from Homosexuals in The Military lesbian and gay officers, servicewomen and servicemen whofought Hitler and the North Koreans. What was the moral and professional standard that created an atmosphere of suspicion and paranoia in having WACs and WAVEs spy and inform on each other over alleged lesbian activity? Preservation of morale? Exaltation of professional conduct? Moral purity? The reason I have never heard of any responsible moral or professional justifications for these few, among many, examples is that there are none. Where is the morality in the continued denial of recognition for lesbian and gay Vietnam veterans, or the professional conduct of their straight comrades-in-arms who subject them to ostracism and vilification? What exemplifies moral strength and professional conduct more than the continued pride and loyalty of these gay and lesbian veterans for the institutions that treat them like traitors? Mr. Majchrzak has unwittingly let a little light shine through the "smoke and mirrors" of his and JAG Corps' position by revealing it in all its hypocrisy. It is a light that illumines the core of the moral Tightness of the law school's position. If Mr. Majchrzak supports the government and military's moral double-standard, it says more about him, the military and the quality and depth of moral and professional decision-making by our government and the Armed Forces than it does about the page 6 gay and lesbian servicemen, and servicewomen of the past and present who, at the very least, deserve Mr. Majchrzak's and JAG Corps' respect for their moral and professional committment, dedication and service to this country. Moral courage, leadership and justice are what this law school have decided to stand for. It is UB Law's nationwide reputation for knowing "how to act responsibly" that made.my decision to come here over other "top-ten public" offers of admission rather easy. Mr. Majchrzak's moral atrophy prohibits him from aligning himself with this school's moral and ethical vision; it is understandable why he seems to suffer some degree of ambiguity concerning his presence here. To paraphrase the insight of Kimi King, who Mr. Majchrzak shamefully and selfservingly castigates, if it is determined that we, in fact, do not have the letter of the law, we do possess its spirit. That collective possession bears witness to a moral Light who's intensity will eventually refine in fire the letter of the law, and Mr. Majchrzak's and JAG Corps'flickering amoral candle will melt away like all the myopic, legalistic and anti-democratic bigotry of the past. Timothy, W. Reining, Section 11-1L Secretary, Gay Law Students Organization Are You In A Slump ? Feel Like Becoming A Law School Drudge? Problems with Your Love Life? Have NO Love Life? Or Just Curious About Life? Well, ask... Miss Social Procedure Submit your letters to: BOX 59 by MONDAY, MARCH 6th 8 The Opinion February 21, 1989 �Friday, Majxh 17,1989 (Happy Stjpatrick's Day!) PIEPER NEW YORK REVIEWS one day seminar will be offered 9:00 a.m. to 4:30 p.m. NEW YORK CITY LIVE: Sunday, February 26, 1989 TAPE AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, NASSAU, ALBANY, BOSTON, BUFFALO, SYRACUSE, WASHINGTON: Sunday, March 5, 1989 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREE to students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is February 17, 7989. The exam fee is $25.00. Late registration will be accepted until March 8,1989, but the exam fee is increased to $75.00. If you miss the Marc/? MPRE, the next MPRE exam is Friday, August 18,1989. For more information contact your Law School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW LTD. 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-41311 February 21, 1989 The Opinion 9 �PREPARE FOR THE For the March MPRE Only, a $50 deposit toward your Kaplan-SMH Bar Review course gets you: • Free MPRE preparation with our exclusive 2-session program of Text and Lectures Revised and Updated for the 1989 MPRE! Kaplan-SMH's Spring Discounts for your • complete bar review course. Schedule • VideoMarchLecture 7th Room 109 — Tues. O'Brien 7:00 P.M. -10:00 P.M. Thurs. March 9th Room 109 — O'Brien 7:00 P.M. 10:00P.M. Sat. March 11th 1330 Niagara Falls Blvd. 10:00A.M. 1:00 P.M. Sun. March 12th 1330 Niagara Falls Blvd. 10:00A.M.-1:00 P.M. ■ - For more information on the MPRE Special, a schedule of MPRE classes, and our Spring Discounts, see your campus rep or call your local Kaplan Center. ( \ Emm | IxLVIIW l\/%| I |t>/\lv [800] KAP-TEST *" 10 I M STANLEY H. LJ The Opinion February 21, 1989 [800] 343-9188 Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. Tonawanda, New York 14150-8917 [ ©1988 (716) 837-8022 Kaplan-SMH — usa printed in �AAML Presents Free Program For Law Students In cooperation with the SUNYAB School of Law and Jurisprudence, highly experienced and nationally recognized matrimonial law practitioners from the American Academy of Matrimonial Lawyers will present a free program for law students which will cover the entire gamut of the practice of Matrimonial Law: from interviewing the client and organizing the file, to motion practice, pre-trial disclosure, settlement negotions, drafting of agreements and trial. Space for this symposium is limited and since admission is free, seats are expected to be at a premium. Sign-up sheets will be placed on the bulletin board on the 2nd floor, and outside room #523. Drafting Opt-Out Agreements By: Thomas R. Cassano,Esq. Buffalo, New York ****************** Questions & Answers 11:45-12:15 ****************** ****************** ****************** Afternoon Session - AGENDA Morning Session I. Attorney-Client Relationship in Matrimonial Matters A. Conducting the Initial Consultation; Fee Arrangements and Retainer Agreements; Role of Attorney as Advisor/Advocate; Client Control; Ethical Considerations By: Raymond J. Pauley, Esq. 9:00-9:30 Rochester, New York 9:30-10:00 Rochester, New York B. Preparing and Making Pendente Lite Motions; Preparing Statements of Net Worth 10:00-10:30 By: Robert B. Moriarity, Esq. Buffalo, New York ****************** Coffee Break 10:30-10:45 ****************** IV.Custody Issues A. Do's and Don'ts Client Conduct; Pretrial Matters; Trial Strategies and Tactics; Dealing with Law Guardians, Experts, (Psychologists, Social Workers), Relatives, Teachers, etc. 1:30-2:00 By:PeterJ.Fiorella,Jr.,Esq. Buffalo, New York B. Attorney as Advocate/Office of Court; The Mental Health Professional as Expert Witness; Planning the Case 2:00-2:30 By: Frank Alabiso, Ph.D. Buffalo, New York V. Discovery and Valuation of Marital Assets A. Financial Statements; Interrogatories; Notices for Discovery and Production; Examination Before Trial By: Alvin Ashley, Esq. 2:30-3:00 New York, New York B. Determining Valuation Dates; Working with Accountants, Appraisers and Actuaries 3:00-3:30 By: Alvin Ashley, Esq. New York, New York VI. Matrimonial Trial Practice A. Calendar Practice; Bench Trials; Organizing and Proving Financial Case; Strategy and Tactics By: Miriam M. Robinson, Esq. 3:30-4:00 New York, New York B. Selected Evidentiary Issues; Proving Fault Grounds 4:00-4:30 By: Paul Ivan Birzon, Esq. Buffalo, New York 111. Negotiating Opt-Out Agreements A. Psychology of Matrimonial Negotiation; Strategy and Tactics; Courthouse ****************** Questions & Answers Opt-Outs 4:30-5:00 10:45-11:15 By: Timothy M.Tippins, Esq. 11:15-11:45 LUNCH BREAK 12:15-1:30 American Academy of Matrimonial Lawyers New York Chapter Symposium On "The Practice of Matrimonial Law: A Lesson In Reality" Presented at SUNYAB SCHOOL OF LAW & JURISPRUDENCE John Lord O'Brian Hall, Room 106 Saturday, February 25, 1989, 9 A.M. 4 P.M. 11. Preliminary Matters A. File Organization; Drafting Pleadings By: Brian Barney, Esq. B. Troy, New York Law School News Briefs Harvard The financial aid committee of Harvard Law School recently made some changes affecting the implementation of the school's Low Income Protection Plan (LIPP). LIPP is a loan forgiveness program designed to relieve the burden of repayments of educational loans for graduates in low-paying, law-related jobs. The changes made by the financial aid committe now make some of the so-called replacement loans ineligilbe for LIPP assistance. Replacement loans are loans issued by the school to cover the difference between parental contributions, summer savings or other resources imputed to the student by the financial aid office and those resources actually available. Nearly half of all Harvard Law School students receive replacement loans averaging $2,259 per student. Under the new plan replacement loans for student resources or summer savings taken out after July 1, 1988 are no longer eligible for LIPP assistance. Replacement loans for imputed/parental contributions will now be covered by additional loans the first three years after graduation and those loans will be forgiven over the remaining seven years of the ten year forgiveness program, providing the student remains eligible for the program. One of the reasons citedfor the changes in the program is the increased cost in ATCHRONES ATION administering it, due to an increase in participation. From 1979-1980 through 1986-1987 a total of $63,000 was spent in loan forgiveness, an expanded forgiveness program in 1987-1988 led to total forgiveness of $355,000 during that year alone. An editorial in the HarvardLaw Record, the Harvard Law School newspaper, said that the changes in the LIPP program demonstrate a lack of respect for students and called for the law school to be more upfront about future changes in the program so that student's views may be included. (Harvard Law Record, vol. 87, no. 9, January 20, 1989, pp. 1,4) New York University In response to recent racial incidents at the law school, an already existing committee on disciplinary procedure will be given the additional task of defining bias offenses. The faculty had decided in December 1988 to give the dean of the law school authority to appoint one or more committees to define bias offenses, including those based on race, sexual orientation, ethnicity, religion and alienage. The dean, however, decided not to appoint a separate committee and on January 2, 1989, made the announcement of the expansion of the already existing disciplinary procedure committee. Response to the handling of the situation have been mixed. Incidents in the first semester includedthe burning of a poster Animals .... from page 7 and, indeed, its body. Now, who do you experiment on, the chimpanzee or the human? If you said "the chimpanzee," then ask yourself why? Because it's an animal?That's not good enough. Humans are animals too we're primates, just like the chimpanzee. We know that the chimp is smarter than our human, and so will feel pain "more" than the human. Why, then, is it still okay to burn the chimp and not the human? Could it be a prejudice that has been instilled in all of us throughout our lives, that animals are inferior? It's a cultural prejudice. For example, Native Americans did not think of animals as inferior, merely different. But then, look what we did to the Native Americans — on a student's door and some faculty members feel that establising a separate committee to deal with the situation would help demonstrate that the law school is taking a strong stand. Other faculty members feel that the creation of another committee is unnecessary to address the situation. (The Commentator, vol. 23, no. 8, January 26,1989, p. 1) Hastings A former Hastings law student has filed a lawsuit alleging sexual harassment by a Hastings professor. The complaint alleges that the plaintiff, 1988 graduate Connie Steele, was subjected to sexual harassment during several months that she worked as a research assistant for Professor Justin Smith. The suit names the law school. Professor Smith and several other faculty and staff members as co-defendants. The complaint contends that the other faculty and staff members failed to act on the knowledge that Smith had harassed Steele and other female research assistants. Steel also filed charges against Hastings several weeks ago with the California Department of Fair Housing and Employment, alleging that she was denied wages owed her because she objected to sexual harassment. (Hastings Law News, vol 22, no. 5, February 2, p. 1) .. The wearing of fur does not here require much discussion, for it is a plain and simple fact that the wearing of fur in modern society is despicable, and that anyone who buys a fur, despite their knowledge of the suffering that went into making it, is a cruel, cold-hearted person. In this, our kinder and gentler America, billions of animals suffer in factories, labs, traps, circuses, hunting preserves, rodeos, classrooms, pet stores, pounds, game pits, military testing labs, zoos, aquariums, sacrificial altars, and in the backyards of the neighbors down the road. Mahatma Gandhi once said that the greatness of a nation can be judged by the way it treats its animals. If that is true, then the United States is no greater than vomit in a cesspool. 4H fe.tnth tvcMr, Nu'ir ft] Ntw York. V» \ork 11)001 February 21, 1989 The Opinion 11 �BAR REVIEW Spring Semester Discount When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1989 1989 Regular Tuition Spring Semester Discount $1050 $950 New Jersey $825 Massachusetts, Conn., Maine, $925 $725 New York V IwU NKRIorVT 1989 Regular Tuition New York $1050 New Jersey $825 Massachusetts, Conn., Maine, $925 $825 Class of 1991 & 1992 Class of 1990 Spring Semester Discount Ajnr NH.RIorVT BAR REVIEW 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 516/542-1030 914/684-0807 . Vou pay omy 160 Commonwealth Avenue Boston, MA 02116 617/437-1171 You Pay only _ * Spring Semester Discount $925 $900 $700 $675 *|>I*/U $800 lilt; Idol $775 Udy LU oUUUIt? thJS diSCOUflt JS MADPU OOnrl IVlMriOrl /LdLUU A $50 registration fee reserves this 12 The Opinion February 21, 1989 You Pay only price. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-02-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/21/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/461da13283663c626d8d27c07ddfe0a2.pdf 8ca63f93213ee324a699c835343935bc PDF Text Text THE OPINION Volume 29, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 10, 1989 Yale Law Professor Joins UB Law Faculty Lucinda Finley is one of the latest additons to the UB Law faculty. She began teaching here in January and is happy to be in an environment where she feels comfortable expressing her viewpoint. by Donna Crumlish Managing Editor A graduate of Columbia University School of Law, she served as Law Clerk to Judge Arlin M. Adams (U.S. Circuit Ct. of Appeals for the 3rd Circuit), and worked for two years as an attorney in the Washington D.C. firm of Shea and Gardner before accepting a teaching position at Yale Law School. Why Leave Yale? Ms. Finley eventually felt the need to leave Yale and bring her ideas to a more receptive environment. "I've been teaching since 1983 at Yale Law School and that was not a particularly happy home for me. I was working in the area of feminist theory and I also have ties to the Critical Legal Studies movement and I was the only one of those creatures at Yale. I felt very isolated, and embattled to say the least." relationships Although colleague weren't all she had hoped they'd be at Yale, Ms. Finley was happy with the students. "I was very happy with the student aspect, the students are extraordinary and it was a very informal place for them." Unfortunately, good relationships with students weren't enough to make up for the lack of support from her colleagues. Buffalo had always been in the back of her mind as a place where she would be accepted and a phone call from Betty Mensch encouraged her to look at the JAG Controversy Revived by Jennifer Latham Approximately one week after FBI Officials received a response to their request for information concerning the law school's recruitment policies, both the Buffalo News and the local radio stations reported that UB Law School bars the FBI and military recruiters. Associate Dean Lee Albert has confirmed that the FBI and military recruiters (and any other organization that will not agree to the law school's anti-discrimination policy) will not be allowed to use university facilitiesfor recruitmentpurposes. This ban is based on the addition of sexual orientation to the school'santi-discrimination policy. This addition, which was endorsed by practically all faculty members, was the result of a student initiated policy organized by the school's chapter of the National Lawyer's Guild. The Guild's position paper states that a policy of non-support for employers who discriminate according to sexual preference is consistent with the Governor of the State of New York's Executive Order 28. This order expressly prohibits any state agency from discriminating on the basis of sexual preference in delivering its benefits or services. The Guild's position paper also points out that a policy which prohibits employment discrimination is in agreement with the position of SUNY's Board of Trustees. Resolution 83-216 states that the Board of Trustees expects that all judgments concerning actions toward students and employees will be based on their qualifications, abilities, and performance. However, not all law students believe that the anti-discrimination policy is consistent with state law and existing university policy. The Federalist Society has researched the law school's anti-discrimination policy and argues that it conflicts with both state and federal law in addition to university and SUNY policy. The anti-discrimination policy will be the subject of much discussion within the next few weeks. The President of the State University of New York at Buffalo, Steven B. Sample, has promised to examine the controversy and to assess whether the law school can ban the FBI and military from recruiting. FBI officials hope to meet with Sample to resolve the controversy. The president's staff and the FBl's media representative have been unavailable for comment. possibility more seriously. "Over the course of my teaching career I'd gone to conferences and things like that and I'd gotten to know some of the people on the faculty here and I was very impressed with them and some of the things they'd told me about this school." "Judging from the people that I knew, many of them were connected with feminist theory or critical legal studies as well, and I thought 'there are a lot of them there, this place must be receptive to them." "Betty Mensch had heard I was having my difficulties (at Yale) and called me up one day and said 'You wouldn't consider coming here would you?'. Almost within two weeks of that phone call they arranged for me to come for an interview." "From what I saw at my interview here, I liked the style of interaction among the people on the faculty, the people were very friendly and there was a nice informality about the place. When I had the meetings with the students they sort of backed that up." Ms. Finley also was attracted by the qualifications of the faculty in the areas in which she wanted to teach. "I also work in the area of labor law and this school has one of the strongest collections of people in that area of any school." . "This is a big jump for me, Yale had fewer women. When I started there were only three women and there were never more than five at any time I was there." "I felt very lonely and isolated and I always felt like a curiosity. Colleagues . Women as Professors Although she admits that women who want to be law professors do not have the same struggle that they might have had 25 years ago, it still is not as easy as it would be for a man. "It's definitely harder, because as a woman you don't fit anyone's stereotypical image of a law professor." Ms. Finley says that because she is a woman and because she looks young she has to face problems that a man doesn't, particularly being mistaken for a student or a secretary. "If a man wants to look older he can grow a mustache, I can't do that!" At least now she has the advantage of being at a school that is actively encouraging women to join its faculty and which already has more women on its faculty than many schools. would often ask me for the women's view on something and I would tell them 'I'm sorry, I can tell you my point of view but I am not every woman and I can not speak for every woman." This semester Ms. Finley is teaching an Employment Relations course and a seminar with Isabel Marcus called Production, Reproduction and Power. These two classes are representative of Ms. Finley's main teaching areas: Labor and Employment Law and Feminist Theory. Employment Relations Ms. Finley describes her Employment Relations class as "an attempt to look at all of the aspects in which the law affects the work place relationship, beyond what you get in a collective bargaining, labor law or employment discrimination course." It includes such topics as unjust discharge, employment at will, benefits of unemployment, health and safety, legislation to protect pension rights, AIDS in the work place, drug testing and the rights of employees versus employers. Production, Reproduction and Power This seminar is an attempt to explore issues dealing with the relationship between women at home and in the work place. "It's a feminist theory seminar, looking at the ways in which the worlds of the (See Finley, Page 3) Archbishop Desmond Tutu Speaks At Alumni Arena It was the largest gathering ever at the University of Buffalo Alumni Arena. More than 10,000 people, composed of representatives from the Buffalo City Council, community leaders and UB students, gathered to hearthe Most Reverend Archbishop Desmond M. Tutu lecture on the human rights situation in South Africa. by Daniel Ibarrondo Cruz Editor-in-Chief There was standing room only in Alumni Arena as bodies pressed against each other to provide room for thosewho continued to make their way into the arena. The crowd was treated to a soothing instrumental prelude performed by the Erie County Wind Ensemble and an exhilarating and uplifting performance provided by the Buffalo Community Choir. Dr. Steven B. Sample, President of the University at Buffalo, who introduced Archbishop Desmond M. Tutu, began by thanking all the members of the Buffalo community and UB which made the appearance of Archbishop Tutu possible. Archbishop Desmond M. Tutu, an eloquent speaker who was awarded the 1984 Nobel Peace Prize for his lifelong committment to the human rights situation in South Africa, began his lecture by displaying his humorous side by recounting his appearance in California when from his motorcade he observed the crowd screaming, whistling and blowing car horns. He then commented to his wife on the wonderful welcome the organizers of his appearance had planned, only to find out that the cheers were for the 49'ers. Entering into a synopsis of the evolution of apartheid, the South African government's system of racial segregation, Archbishop Desmond Tutu denounced the establishment of the Bantu homelands. Black South Africans were made aliens in the country of their birth by white South Africans, a small population which has total control of the government and business apparatus, when their citizenship was taken away. In turn, the South African government established homelands or "nations" within South Africa that would confer citizenship on the black population. These black "nations" held, by the South African government, to be independent nations established within the boundaries of South Africa have only been recognized internationally by South Africa. "When you turn people into aliens, commented Archbishop Desmond Tutu, you are saying that they have no rights in the country of their birth." The Archbishop, ordained an Anglican priest in 1961 and educated in South Africa and England, further stated that the establishment of the Bantu homelands were destroying the black family in South Africa. Black men who work in white areas, which happen to be situated far from the homelands, must leave their homes for eleven months out of the year and live in hostels provided for them by their employers. "Black family life," said Archbishop Tutu, "was being undermined by a deliberate government policy to destroy the black family." Ironically, the South African government has a holiday called "Family Day" to honor the family. Archbishop Tutu seemed perplexed at the audacity of the South African government to call itself a "christian country" when the outcome of every aspect of it's policies and laws affect'the majority of the populace. Commenting on the South African government's attempt to "reform" apartheid, Archbishop Tutu quipped that they (the South African government) were reforming apartheid to make it "slightly comfortable." He compared the South African government's attempt to reform apartheid to Nazi Germany making gas chambers for Jews "more humane." Making reference to the recent state of affairs in South Africa and the government's non-yielding stronghold on the apartheid system, Archbishop Desmond M. Tutu reaffirmed his lifelong belief that "apartheid cannot be reformed, it must be destroyed." He stated that black South Africans "want a South Africa where race does not count, where race is irrelevant." On an uplifting note, Archbishop Desmond Tutu made reference to white South Africans aligning themselves with anti-apartheid advocates. He stated that there were a large growing number of whites who refused to join the South Af- (See Tutu, Page 11) �TMNKUKE A LAWYER The Marino Method Listen up. You could learn and memorize every single piece of N.Y & N.J. law Every statute, every amendment, every case application. And still not pass the bar exam. allows you to become adept at dealing with the format. With personal attention, critiques and evaluations, you will prepare Ur own stud>7 guide; as you learn how to develop V° the kind ofresponses that will gain you critical points on the exam. Even if you don't know the applicable law or mt |p This interactive, student-involved approach is backed by Marino Books—the new gold standard of bar review mhm| law and its principles. In other words, it's a test :■:• ..— of your capacity to First, W * ~*9l IP--—' 1 , first name in Bar Wk I JRI 5 '/ 1^?!" The Method At Work. 6, Joe Marino will guide you through ail the law that's pertinent to the exam. Unlike other Marino Comprehensive N.Y. and Marino Comprehensive NJ. are H the first and only completely self-contained bar review systems, programs that lx)mb;ird you witn an ava^'ulcne °f printed covering all preparatory aspects of the N.Y. & N.J. Bar Exams. M material, or Constructed around The Marino Method, these are the most expect you to behave like a parrot thorough and effective programs available today. And with Marino 0 " ■M (Comprehensive you pay one low price. That's all. W& who can take steno; m ____J distill this There are no add ons, no ancillary or material I L^p__ H Joe will costs °f an V kind, no other courses to take, no £| pertinent law down | T Wk 'i to And other payments to make. So start thinking like a J its essentials. I he'll teach yon how lawyer. Take a kx)k at the various bar review courses >J1 BaBSMS^ to memorize them with total recall, using easy-to-learn J""""""'""'! available to you. Investigate, evaluate, analyze techniques which have been refined and perfected tor and compare. BMBfl \ over 40 years. Then he'U show you how to apply this law to actual problems, which are presented in the same way they will appear on the exam. This 2 The Opinion February 10, 1989 £t2££/2£&&HL **rfrc'*~ *y/ /? / fj jpp^&<*f cc You in c^ass ' Marino Bar Review, Inc. 115 E. 19th St, N Y N V 100°3 212-420-9800 - - 1-800-J-MARINO. �Women Law Students Join Pro-Choice Protest by Ellen A. Burach On Saturday, January 14th 1989, over 500 people who advocate a woman's constitutional right to terminate her pregnancy gathered in Niagara Square in downtown Buffalo to mark the sixteenth anniversary of the Supreme Court's deci- sion in Roe v Wade. This is the landmark decision that gave women the right to have safe and legal abortions. The gathering consisted of speeches by Isabel Marcus, Associate Dean of UB Law School, Mary Jean Collins, Public Relations Director for Catholics for Free Choice based in Washington D.C. and Kathy Jackson of the Pro-Choice Network. The gathering also consisted of a candlelight vigil to commemorate the thousands of women's lives that have been saved because of the Roe decision. It was sponsored by the Pro-Choice Network of Western New York and was attended by members of many groups, including the Association of Women Law Students. A woman's right to choose abortion as an alternative to pregnancy has come under recent attack by Anti-Choice groups across the nation. This gathering was just one of many responses to these threats. A women's right to terminate her pregnancy may also be in legal jeopardy; the Supreme Court has agreed to review a Missouri law that severely restricts a woman's right to have an abortion. The speakers discussed abortion in a women's rights perspective; a woman is a living, thinking, human being, not an incubator. She is capable of making decisions concerning her own body without governmental or state interference. A woman should be able to exercise, her own religious beliefs without anyone imposing their own religious beliefs on her, as many Anti-Choice groups are attempting to do. The Anti-Choice groups, in their concern for "potential" life, are totally disregarding a living person's rights and interests the pregnant woman's. On Monday, November 28, 1988, the Association of Women Law Students collected approximately 200 signatures for letters that were sent to Mayor Griffin arguing for retention of a woman's right to choose. The Association of Women Law Students has been cooperating with the Pro-Choice Network and will be sponsoring future pro-choice events. Anti-Choice groups in this area have been protesting many doctor's offices and clinics that perform abortions. They have even succeeded in temporarily closing certain clinics without being arrested. Many Western New Yorkers feel that this is because of Mayor Griffin's clear partiality to Anti-Choice, and it is no coincidence that this partiality is reflected in the Buffalo Police Department's responses to these protests. The Anti-Choice groups have also been chanting religious songs outside of the homes of doctors and men and women — Art and The Law: Lecture Series to be presented Sunday afternoons February 19th and 26th and March 12th and 19th at the Albright Knox Art Gallery Auditorium All four lectures are free and open to the public Faculty Candidate Interviews by John McGuire A Banking Regulation course may soon be taught by Richard Sander, a faculty Law School candidate who talked to students on Monday, Jan. 23, in thefifth floor faculty lounge. Sander, who holds both an expected doctorate in economics and a law degree, cum laude, from Northwestern University, saidthat he expects that banking law will be his major focus upon receiving an appointment from UB Law School. "I'd also like to teach in other areas, such as employment discrimination, property, torts, or labor law," he added. Sander would also be interested in teaching a law and economics course. He stated that economics cannot be just a simplified analysis of markets. "Economics is powerful, like nuclear technology it can produce both bombs and cheap energy," he said. Therefore, it has to be applied to understand the efficient allocation of scarce resources so that it can usefully combine different concepts and come out with a suitable outcome, Sander added. Sander's teaching method would be a combination of doctrine, empirical research, and policy considerations. He explained that not only does he wish to consider the rules in the courses he — teaches, but whetherthe "law(s) are good or bad." He also discussed the results of his dissertation on housing segregation. "Blacks aren't as isolated as they used to be, but from a segregation scale of 0 to 100, they're probably still around 70 to 80 percent," he explained. Sander added that the cities which have integrated faster are all located in the West, where the black populations are much smaller. The prospective teacher also criticized Jack Kemp's new idea for "enterprise zones," which would eliminate all zoning laws in order to keep businesses in urban areas. "It's just a way of getting rid of all those laws which maintained industry and manufacturing standards," he said. The best way of undertaking such a program is to develop a case-by-case program that utilizes objective criteria, Sander added. Sander is the first of three faculty candidates who will be coming to the law school this semester. Anothercandidate's background will consist primarily ofcriminal law matters, according to Lisa Sizeland, a third-year student and a member of the Appointments Committee. that advocate a woman's right to choose. These actions raise serious questions of privacy and are currently being addressed in the Buffalo and Amherst Common Councils. Although some individuals generalize and belive that individuals who advocate a woman's right to choose are radical "leftists," the Pro-Choice network has conducted only clearly legal demonstrations and it deplores tactics of intimidation that have been utilized by Anti-Choice groups to prevent women from exercising their constitutional right. They also support facilities that provide safe, legal reproductive health care to women in our commu- nity. Many of the Anti-Choice members are so enamoured with the supposed religious perspective of the issue that they fail to, or do not want to, understand that ProChoice does not mean Anti-Life. Pro- Choice means that a woman should be able to make the decision to terminate her pregnancy withoutthe interference of either the church or the state. If you would like to be a part of the Pro-Choice Network, or would like more information, please contact Ellen Burach, Association of Women Law Students, Box #35. Kandid Kamera, Inc. AWLS' February Agenda ASSOCIATION OF WOMEN LAW STUDENTS BULLETIN by Lisa Yaeger We would like to join in welcoming the newest member of the SUNY at Buffalo Law School faculty, Lucinda Finley. Ms. Finley has graciously agreed to speak to the student body on behalf of the Association of Women Law Students on her current area of interest on Wednesday, February 22 at 4 p.m. in the fifth floor Faculty Lounge. The topic of Ms. Finley's talk will be "The Response of the Tort System to Women's Injuries: A Case Study of DES Litigation." The drug DES is a synthetic hormone given to women between 1947 and 1971 to prevent miscarriages. All students and faculty are encouraged to attend. A second event is "in the works" on the continuing topic of health law. AWLS has been working closely with their counterparts at ÜB's Medical School. The result is a workshop that is tentatively scheduled for Tuesday, February 28 at 6 p.m. in 109 O'Brian. The topic for discussion is "The Medical and Legal Aspects of In Vitro Fertilization and Surrogacy." We plan to have a panel discussion comprised of two physicians and two attorneys who will speak to those issues raised. After a question and answer session, we will adjourn for a reception. This event is the first one that has brought the Law School and the Medical school together in such a forum, and we hope it will generate a great deal of interest in the students and faculty here at UB Law. Those interested in taking a more active role in helping to plan this event should contact Lisa Yaeger at Box 271, Judy Buckley at Box 32, or Brenda Schaeffer at Box 225. Lucinda Finley from page 1 work place and the worlds of the home, which are often thought to be completely separate, are actually very interconnected and interdependent." Ms. Finley and Ms. Marcus are also going to explore issues dealing with how the law and the medical profession are starting to view medical technology and reproduction. Bunting Fellowship Ms. Finley spent last semester studying at the Bunting Institute where she was awarded a fellowship. Bunting is part of Harvard and Radcliffe and is an institute for the scholarly and artistic endeavors of women. Of 5,000 applications received yearly only 40 fellowships are awarded. Ms. Finley will continue to spend some of her weekendsthis semester at the institute where she is working on a book on DES litigation. DES was a drug given to pregnant women in the late40's, 50's and early 60's, which was later found to have many side effects, including cancer, in the daughters of women who took DES. "I'm interested in how the tort system responds to women's injuries I've .. been interviewing DES daughters, both those who have sued and those who haven't, about their experiences with the ways they've been injured and their motivation for suing and how they felt the legal system responded to their needs. For those who haven't been able to sue, I'm exploring their feelings about not being able to sue." Currently there is a lot of frustration among plaintiffs in New York State involved in DES lawsuits. "At the moment all of the New York DES cases are suspended because the drug companies are fighting the constitutionality of the statute of limitations." Ms. Finley is looking forward to her position at UB Law and invites her students to stop by her office at any time. bo? fori V 415 V.enth Avrnur. Sirlit hi New York. Ntw York IOOOi (211) 514 3696 (101)62333M February 10, 1989 The Opinion a 3 �I I I I I I I I I I I I I I I I I I IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. So, you've made a mistake. If you were lured into another bar review course by a slick sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check) and you will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 _ 4 The Opinion February 10, 1989 I I I I I I I I I I I I I I I I I I �\li/hy Worry? I I I I This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to I I I I switch programs. I BAR/BRI refuses to play this game. IWe believe that students are mature enough to I enroll in a course. If they believe they made a I mistake, they are mature enough to change I I I I I I I I I I I I I I I I I I I I I courses. If a student signs up with BAR/BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. We will not undermine students' confidence in their course by playing on their insecurities. After all, we're attorneys. And we intend to help you become attorneys, too. (bwbn I I I I I I I I I I (212)594-3696 I "Where professional responsibility is more than just a course.**™ I 11987 BAR/BRI February 10, 1989 The Opinion 5 �OPINION kW^T STATE I 'NIVERSITY OF NEW YORK AT BUFFALO SC:HOOL OF LAW Volume 29, No. 9 February 10, 1989 Editor-in-Chief: Daniel Ibarrondo Cruz Managing Editor: Donna Crumlish Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Staff: Lenny B. Cooper, Eric Katz Contributors: Ellen Burach, Vincent Falvo, Jennifer Latham, John McGuire, Lisa Yaeger Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the sutdent newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Board Gives Opinion New Look The Editorial Board of The Opinion has decided to add a few design changes to the newspaper in order to enhance the format and layout of the paper. Beginning with this issue changes will be made throughout the semester until a comfortable medium can be reached. Some changes that occurred last semester have been well received by our readers and subscribers. These have been the placing of law student organizational news and topics together under one section ofthe paper and the new addition of our editorial board column titled "Across The Nation." Last year, the Editorial Board began a massive nation wide campaign, including Canada and Puerto Rico, to exchange law school newspapers with selected law schools. We felt that there are numerous happenings and news items occurring in other law schools that can further our knowledge in either covering a news story or seeking viewpoints on similar happenings here at UB Law School. The Editorial Board feels that our knowledge of law school administrative practices and activities are greatly enhanced by the national newspaper exchange program when we find that a particular law school is not isolated in dealing with certain issues. We have also decided to expand our column size to the larger four column wide layout design. The switch from ourtraditional five column wide print allows for easy reading and less strain on the eyes. There will be more layout changes in the next few issues thanks to the purchase of a new computer system and layout software made possible through the auspices of the Student Bar Association. We plan to include more pictures and graphic designs in order to enhance the overall look of the newspaper. We hope you, our readers, enjoy the changes that have been made and will continue to be made. Should you have any comments or suggestions on future changes we would like to know. The Opinion Mailbox 1L Upset Over JAG Ban Dear Editor: It seems evident that the JAG fiasco is finally over. What a poetic conclusion for what I see as the most irresponsible and unconscionable product the left has yet produced at U.B. Law. Specifically, Associate Dean Albert's misguided quotations in the Buffalo News on 1-19-89 were the zenith of the JAG fiasco. Therein, Dean Albert purports, "The change in our policy mirrors university policy and also the stated policy of Gov. Cuomo." Indeed the change in law school policy "mirrors" university policy; that is, the change employs smoke and mirrors to achieve this false alignment of policies. This is not to say, however, that the Dean was intending to be disingenuous, but it is to say that had the Dean actually bothered to consult the U.B. administration (which controls a//facilities), he would have been told that U.B espouses an open recruiting policy whereby all employers recruit without the recognition of anything more than state and federal civil rights laws. The foregoing comment by Dean Albert is precisely where he shoots himself in the foot. I seriously doubt that President Sample shares the Dean's perspective on recruiting bans. In fact, I see the president conceivably lifting the ban and reinstating the federal recruiters in the name of: 1. university policy; 2. S.U.N.Y. policy; 3. N.Y. state law; and 4. federal law. Governor Cuomo's Executive Order, cited as authority by the l-Hate-Jag brethren, just doesn't hold water in the face of conflicting state and federal laws. One wonders why the JAG has recruited at the law school with impunity during the five years between the Governor's order and the JAG bar? One is also awed at the facility with which the l-Hate-Jaggers turn the Governor's order into a slab of taffy to be pulled and shaped according to the desired end: barring JAG et. al. Some not-so-insignificant questions I have are doesn't anyone recognize that Article VI, section 2, of the U.S. Constitution grants thefederal government supremacy in all cases of conflicting interpretation of federal/state laws (or orders)? Doesn't anyone know that "sexual orientation/preference" is not I repeat not a protected class in Title VII Civil Rights Act of 1964? Doesn't anyone know that the U.S. Supreme Court has consistently upheld the military's legal "discrimination" against homosexuals? I am not indicting only the faculty here. Kimi Lynn King, in the Opinion of 9-14-88 states in her issue-spotter on pg. 9 regarding JAG, "The last short-sighted argument is that 'well, it's the law.' Yeah, and Plessy v. Ferguson was on the books for a long time and laws were made to be changed." Is it my imagination or is Ms. — — Dave's Demons 6 The Opinion February 10, 1989 year law student and SBA President? She also states, "A career in the military is a lucrative one." Well, I hate to rain on Ms. King's parade (charade?), but I am a U.S Marine Officer and I can say with authority that I won't be driving a Mercedesaround Parris Island during my tour. Enough said. It seems she has taken a furlough from the letter of the law and Congressional pay scales. How about a little more responsibility, Ms. King? Supposedly, you are charged to responsibly execute your office. And what of Troy Oechsner's 9-14-88 article in the Opinion accusing the law school of being complicit in discrimination? The only thing worth questioning here is why Mr. Oechsner sees it necessary to use the "over 35 and handicapped" smokescreen to vindicate his exclusively gay-rights issue? Obviously, the U.S. military cannot have a 90-year old handicapped person in a combat-infantry capacity. Lastly, Mr. Oechsner rhetorically asks why JAG discriminates against a trait that "has nothing to do with job performance (as counsel)"? Well, Mr. Oechsner, the answer is that before one can act as a Judge Advocate counsel, one must first meet the standard of moral and professional conduct incumbent on all U.S. Officers as prescribed by the President, the Congress, and the Dept. of Defense. Mr. Oechsner, homosexuals just do not meet these standards. Had you known anything about the U.S military, you'd have known this, yet you feel obligated to talk on anyway. In sum, when this ridiculous JAG bar is finally lifted, those weeping will have nobody to blame but themselves. Had anybody bothered to actually consult the law, they would have known that they didn't have an argument. Now the law school, its administrators, and those students involved look like fools in the eyes of the public. Until this law school learns how to act responsibly, and not have Dumbo-sized ears for special interest concerns, it should not wonder why it's not in the top-ten public. It seems that in this case the left gets left-out. Let's have a little more regard for the law and a little more respect for those who serve this country unselfishly. One last matter of business. I believe we have a law school Dean who is supposed to be a little more diplomatic and responsible than what we've seen on the JAG issue. Given the recent media ballyhoo over the ban, I have one question: Where was Dave???? Dan Majchrzak Section 111-11. 1-23-89 Smith Article Critiqued by Robin D. Barnes Support Our Law School Basketball Team — King admitting that JAG is within the law, yet she personally deems it ripe for change? I think not. Is Ms. King a third As a proponent of First Amendment liberties, I have been challenged on a number of occasions last semester (pursuant to a special research project) to reconsider my somewhat absolutist position. Indeed the recent article by David Smith has contributed to this process. I have discovered that the First Amendment is not just about communicating and receiving ideas, "it's about how to think about such matters as our beliefs, and about the fears and anger we bear towards the contrary beliefs and behavior of others." Initially, I would have voted to suppress Smith's article, as I would the right of Nazis to march in Skokie. Each inflicts unnecessary pain. Nevertheless, after coming to grips with my own pain, I agree that the evils of intolerance and suppression (in Smith's case) are infinitely worse that those of folly. THE ARTICLE It remains unclear to me why Smith continuously interchanges the words black and negro, perhaps there is a 'state- ment' within his statement. I missed it totally. A. Regarding Blacks Smith has stated the following: 1. White America considers us genetically inferior 2. Government handouts have CREATED black unemployment 3. We can surely agree to be sharecroppers, AGAIN 4. We are dependent and lazy because of welfare 5. We drop out of school in order to get welfare 6. Government handouts keep blacks on the street 7. Black Schizophrenics sing "We shall overcome" B. He then acknowledges the presence of: 1. Police bullets, night sticks and a racist Justice System 2. The Seeds of Destruction surrounding us like pollution 3. Low quality (high priced) food, and poor health (See Smith, Page 7) — �The Opinion Mailbox Albert Explains Non-Discrimination Policy Dear Editor: One might be bemused by the eruption of publicity over the Law School's antidiscrimination policy, save that the issue is too serious for polemics or misapprehension. This Law School has long been committed to the goal of equal opportunity for employment of its students and graduates. Given the Law School's success in admitting a diverse student body reflecting different experiences, attitudes and talents, the commitment has great significance to our students and faculty. The goal of eradicating discrimination in legal employment also is one for which American law schools and the legal profession have a special responsibility. To further this goal, the UB Law School for many years has had an anti-discrimination policy that denied the services of its Placement Office and the use of faculty and other offices for interviewing to employers who utilize certain criteria in interviewing and hiring decisions, absent a showing of a relationship to professional qualification or performance. The list of forbidden criteria has grown over the years from race, gender, ethnic origin, religion, to include disability, age, and marital or veteran status. This policy implements and goes beyond the dictates of federal civil rights and equal employment orientation to the anti-discrimination policy. The amending process began about two years ago with a Student Bar Association resolution requesting protection of gay and lesbian students. Audrey Koscielniak, the Career Development Administrator, and later a faculty-student committee, undertook a careful study of therelevant legal materials and policies and practices of other law schools. At the faculty meeting on September 16, 1988, approving the change, the faculty heard statements in support of theamendment from many student organizations, including the Student Bar Association, BLSA, LALSA, The Women Law Students Association, and the Buffalo Law Review. Subsequent to this amendment, employers utilizing placement services were given a form containing the following statement: School Non-Discrimination Policy: The SUNY/Buffalo Faculty of Law & Jurisprudence is committed to a policy against discrimination based on race, color, religion, creed, sex, handicap, national origin, age, marital status, sexual orientation, or veteran status. Accordingly, the placement facilities are available only to employers whose practices are consistent with this policy. Use of the placement facilities is restricted to prospective employers and students who agree to abide by the placement office's policies and procedures including its non-discrimination policy and NALP Principles and Standards for Law Placement and RecruitmentActivities. Submission of this form signifies the employer's agreement to abide by the law school's policies and principles. The Judge Advocate General Corps of the United States military in Fall 88 agreed that it could not abide by the policy. Instead of visiting the Law School it widely circulated in student mailboxes a letter informing each law student of opportunities and job availability. Ms. Koscielniak entered into discussions with the Federal Bureau of Investigation, primarily over whether their age and disability policies were bona fide job qualifications. Pending a statement from the Bureau, interviewing at O'Brian was placed on hold, though FBI job information and hiring material remained available in the placement office. Students wishing to explore job opportunities with JAG or the FBI are not significantly prejudiced by the denial of Law School placement services. An interview in downtown Buffalo rather than in O'Brian Hall offices is the principal incovenience to our students. (Law School job applications to JAG or the FBI, I suswill not be down this year or subsequently.) New York State executive policy, including official SUNY Trustee Policy, is entirely consistent with, and indeed supports, theLaw School's sexual orientation ban. SUNY Board of Trustee Resolution 83-26, invites and well accommodates the Law School's inclusion of sexual orientation in its anti-discrimination policy. The 1983 resolution requires that personal preferences of individuals that are unrelated to performance, such as sexual orientation, shall provide no basis for judgment of individuals. It also prohibits harassment of individuals and mandates "appropriate action to implement this policy of fair treatment." The broad prohibition of discrimination on the basis of sexual orientation in Executive Order No. 28, "in the provision of any services or benefits by (any) state agency or department" (November 18, 1983, as amended 1987) also lends support to the Law School's denial of placement office services to employers that discriminate on the basis of sexual orientation. In assessing the force of these SUNY and executive policies, the law faculty was cognizant of the regulatory and judicial decisions under federal equal opportunity laws, which impose on an employer or institution a responsibility to safeguard members of protected groups from a hostile environment and demeaning or insulting experiences. Informing a student during an interview that "we do not hire people your age or of your sexual orientation" has the potential for just such insult or humiliation. Such discrimination also causes gay or lesbian students to conceal their membership in organizations and prior work experiences. The law faculty also considered the applicability of other statutes, such as 37 U.S.C. §§301 (a) (2) (A). That Act, as narrowly construed in the revised Department of Defense regulations, 32 C.F.R. sec. 216.3 (a), denies Defense Department learning where such divisions do not provide access for military recruitment. Nearly two decades of inaction underthis statute and the 1984 Department of Defense regulatory revision amply demonstrate a national policy "to minimize involvement with placement consistent with the statute." 49 F.R. 22802 (June 1, 1984). Since this Law School does not receive Department of Defense funds, no issue is raised under this statute. The claimed conflict with national policy or "pre-emption" is frivolous. Similarly, the Law School amendment is consistent with the New York statute mandating access to the military for recruitment "on the same basis as access is provided to other persons." Section 2-A Education pect, N THIS Law. The anti-discrimination policy does not target the military or any other employer in relying on general categories of discrimination. Further, a judicial decision holding that the military policy of exclusion for sexual orientation does not violate the Constitution is not a declaration of the wisdom or propriety of that policy. It plainly is not the equivalent of a finding that sexual orientation is related to the professional qualification of an attorney in JAG or elsewhere. Similarly the Court has upheld under the Constitution laws imposing an age disqualification for a foreign service or law enforcement position. These decisions are not controlling on the constitutional validity or the acceptability of age disqualification for lawyers. Finally, need we be reminded that all that is constitutional is not wise or good? Perhaps because of their own regrettable history, the legal profession and American law schools haveexercised a special professional responsibility in fostering equal oppor- Sincerely, Lee A. Albert Professor and Associate Dean .. 4. Illicit drugs flowing through our communities 5. Black on black crime, teen pregnancy, drug abuse, alcoholism, depressed housing conditions 6. The sad living and working conditions of most blacks 7. Low incentive of teachers in public schools 8. Strategies formulated to defeat the effective use of franchise power From which point he still contends that the neo-conservative (neo-cons) assault on affirmative action, civil rights and social programs, will wake up the crazies. C. Ostensibly, Smith concludes that we should: 1. Forget about assimilating 2. Spend our money in our community (On stale food and drugs?) 3. Work at Burger King 4. Despise the homeless because they choose their lifestyle 5. Work, not with the system but, within it? 6. Remember our roots and stop com- ' plaining Those of us WHO KNOW BETTER, black and white, have our work cut out for us. The message conveyed by Smith is vaguely reminiscent of arguments advanced by the Nazis at Skokie, as to why all Jews, Blacks and Latinos should be forcibly deported. The only "benefit" secured under conservative domination, arguably, is the right to bear arms. We may all need them, if, indeed the Nazis are coming. The best thing about Smith's article is that it reminds me how susceptible the masses are to certain types of manipulation. The from page 6 complex forces which have worked throughout history, that account for the socio-economic status of blacks today, seem to have totally escaped a man I reasonably assumed to be 'educated. The fact that a black man, in particular, is mouthing the neo-con creed sends fire through my blood. Now I understand why Skokie Holocaust survivors considered David Goldberger (who was Jewish) a traitor, because while defending First Amendment liberties he simultaneously defended the right of Nazis to march. Smith's conclusions, however, bespeak more than an ill-informed prognosticator who claims to have a working knowledge of what Martin Luther King Jr. stoodfor. Smith has issued a moral indictment against an entire race of people, my race, my people. Thus, I'm stating the obvious, he has demonstrated to me, that he doesn'tknow anything at all. If he were truly interested in getting a message to "the sleeping blacks who are dropping out of school to get welfare," then perhaps, he would have chosen a more appropriate forum. Moreover, contrary to Smith's conclusion, I am convinced that the great majority of blacks have not forgotten their roots. Every day many are employing their own special talents and spare resources to make things better. Many whites are to be applauded for their roles in nurturing the principles of justice. My experience at SUNY-Buffalo's Law school supports my belief that while we may not all be on the front lines, many are working behind the scenes at every opportunity to improve our lot. — WEEK: L-ANV SCHOOL PARTY Vi 0"" NEXT: the New York Bar Association's House Delegates just recently endorsed a resolution deeming sexual orientation irrelevant to the professional qualifications of a lawyer. The A.B.A House of Delegates will soon consider a similar resolution. Many American law schools have anti-discrimination placement policies similar to the ÜB. Law School. Among those having a similar policy which presently has the effect of excluding the military from using its facilities are Yale, Harvard, Stanford, Columbia, Pennsylvania, New York University, the City University of New York, U.C.L.A., Minnesota, Rutgers and Ohio State. Yet numerous other law schools include sexual orientation in their anti-discrimination policies, but the status of military access for interviewing is unclear. I hope this hastily prepared statement clarifies the history and legal basis for the Law School's placement policies. Smith Critique . . r r—-) *• J* tunity and combating group prejudice. Hence l <"-+ "**v l& Wtr GRAPES *Q* Jjl *».«Tt / yl-et» \ , |\ j *.«*«. huk *•"* February 10, 1989 The Opinion 7 �A CROSS from the University with neither the student association or SBA having any independent funding. Imposition of the fee would have doubled funding to student organizations. The president of GWU attempted to market the student fee to law students by suggesting that the extra money might be used to set up a loan forgiveness program. The Law School newspaper, The Advocate, spoke out against this proposition in its January 9th editorial, saying "Selling an increased total education cost to support a program of subsidy is akin to blaming the victim." (The Advocate, vol. 20, no. 8, January 9, 1989, pp. 1, 2) THE NATION Law School News Briefs allowing students to take more courses University of Maryland in areas that interest them. (Res Ipsa Loquitor, vol. 8, no. 6, November 18, 1988, pg. 1) University of Maryland The Student Bar Association of the University of Maryland is conducting a poll to get student input on the current class ranking policy. The SBA feels undue weight is placed on the competitive ranking system and suggests other options such as eliminating the ranking system altogether or grouping by three or four categories (i.e. top 10%, top third etc.). (The Raven, vol. 1, no. 2, December 2, 1988, pg. 5) University of Miami University of Miami Students at the University of Miami are unhappy with the Law School's current curriculum requirements. The curriculum, referred to as the "Chinese Menu" is divided into four groups: Personal and Business Transactions, Public Law and Process, Perspectives and Legal Profession. Students are required to take a designated number of credits from each group and four seminar or workshop credits. In a survey conducted by the School's Curriculum Committee, 59% of students did not feel the curriculum requirements promoted its goal of ensuring a well rounded education. Many students feel the requirements limit flexibility by not Cleveland-Marshall Cleveland-Marshall Cleveland-Marshall faculty member Robert Catz is a member of the defense team for impeached U.S. District Court Judge Alcee Hastings. Hastings gave a series of three lectures at the Law School during the first semester. Hastings was indicted for bribery in 1981 but acquitted in 1983. He was impeached by the House of Representatives in August, 1988 and faces trial in the Senate this March. He is charged with fabricating a false defense in his trial. Hastings is challenging the Constitutionality of the Judicial Council's Reform and Judicial Conduct Act of 1980. The Act empowers Councils of each circuit to investigate and sanctionthe conduct of Federal Judges. Hastings also feels the issue of double jeopardy should come into play but the government claims impeachment is a civil proceeding and double jeopardyonly applies in a criminal proceeding. Hastings plans to fighttill the end, "... I was not born a judge and I do not have to die one, but I was born a man and none of those people will cause me to quit." (The Gavel, vol. 37, no. 4, December 1988, p. 5) New York University New York University A Jesse Jackson poster was burned on a Law School resident's door late in November. The poster burning was the sixth incident of racially motivated vandalism or harassment in the first semester. The incidents included the defacement of a Women of Color brochure and harassing phone calls made to a student. Dean of the Law School, John Sexton, requested that a full investigation be carried out by NYU Protection. (The Commentator, vol. 23, no. 7, December 1, 1988, pg. 1) When you party remember t0.,, YjARTy/ £**&%*> Don't get wrecked. If you're not sober- or you're not sure let someone else do the driving - George Washington U. A message provided by this newspaper and Beer Drinkers ofAmerica George Washington University The student body of George Washington University rejected the imposition of a $16.00 student fee in the 1989-90 school year. GWU currently has no student fee imposed on undergraduate or graduate students. Many feel that law students were instrumental in defeating the referendum, their vote equalling approximately one quarter of the total vote. The student bar association endorsed the measure on the condition that 50% of the fee paid by law students would come back to the law school. Currently, funding of student organizations comes directly ***** * * Ml BEER DRINKERS OF AMERICA PARTY*SMART National Headquarters 2900-D Bristol St., Suite 201 Costa Mesa, CA 92626 714-557-2337 1-800-441-2337 Beer Drinkers ofAmericasupports National Collegiate Alcohol Awareness Week. BeerDrinkers of America is a non-profit consumer membership organization open (inlylo persons over the age of l\' Take Their Word For It WW I was very satisfied with the BAR/BRI Bar Review Course and I would and will recommend it to others! 99 Graduate, SUNY at Buffalo School inof Law Name on BAR/BRI 8 The Opinion February 10, 1989 BAR/BRI \ \mooo �£¥$Rrf?Wt Spring Semester Discount BAR REVIEW When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1989 1989Regular State New York ■ ■■<■■ !■■■ You Pay only $975 $1050 .N. i. New Jersey ■■■ $825 Massachusetts, Conn., Maine, NH.RIorVT ..i.i. i. $925 Spring Semester Discount 1989 Regular Tuition New York New Jersey $1050 $950 $825 (N-f/\/\ $725 Conn., Maine, NH.RIorVT $925 \|>lUU ftfiT/HFT/ J^^J L^^/relew 415 Seventh Avenue. Suite 62 New York, New York 10001 212/594-3696 201/623-3363 516/542-1030 914/684-0807 . $850 Class of 1991 & 1992 Ctato Massachusetts, ■ $ 750 Ct7C ty t %J Class of 1990 olcuo ' ■ 160 Commonwealth Avenue Boston. MA 02116 617/437-1171 You Pay only ' *_ Spring Semester Discount You Pay only $900 {tMKO _ $825 \J>IUU $675 $775 Remember: The last day to secure tlllS QISCOUrII IS. '"7* - — Mc /r/JrfdU/ItCP A $50 'OO'Stration 'cc re se r ves • w s ;;.nce February 10, 1989 The Opinion 9 �PREPARE FOR THE For the March MPRE Only, a $50 deposit toward your Kaplan-SMH Bar Review course gets you: • • Free MPRE preparation with our exclusive 2-session program of Text and Lectures Revised and Updated for the 1989 MPRE! Kaplan-SMH's Spring Discounts for your complete bar review course. Schedule • VideoMarchLecture 7th — O'Brien Room 109 Thurs. March 9th Room 109 —O'Brien Sat. March 11th 1330 Niagara Falls Blvd. Sun. March 12th 1330 Niagara Falls Blvd. Tues. ___ KA PI AN-SMH 7:00 P.M. -10:00 P.M. 7:00 P.M.-10:00 P.M. 10:00 A.M.-1:00 P.M. 10:00 A.M.-1:00 P.M. For more information on the MPRE Special, a schedule of MPRE classes, and our Spring Discounts, see your campus rep or call your local Kaplan Center. __, M STANLEY H. t- [ I IVll irfml *kJI Wll M L V RAR REVIEXA/ SERVICES Rk [800] KAP-TEST The Opinion February 10, 1989 10 [800] 343-9188 - "-'3° £R iv 1330 Niagara Falls Blvd. TonawandTNerYoril!ls(W9l7 ' (716) 837-8022 Cl9BBKaplan . SMH PRINTEDIN J �Super Bowl Scenario Surpasses All Expectations by Andrew Culbertson As time ran out, the Cincinnati Bengals were on the verge of winning Super Bowl XXIII. Leading 16-13 with three minutes to play, the Bengal defense had San Francisco deep in its own territory. However, as Forty-Niner quarterback Joe Montana approached the line of scrimmage, you might have thought, looking at his face, that he was calling signals in pre-season scrimmage. Facing the most important drive of his illustrious career, he seemed as collected as ever. Indeed, as "Joe Cool" prepared to take the snap from center, one got the impression that it was the Bengals, not the Forty-Niners, who were worried. Great moments, in any context, are rare, and the realm of athletics is no exception. A great moment, at least in athletics, is not so much the product of the actual accomplishment(s) itself, but more a combination of this accomplishment with the circumstances under which it occurs. To hit three home runs in a single baseball game is an impressive feat. To hit three consecutive home runs, on three consecutive pitches, in the deciding game of the World Series, as Reggie Jackson did, constitutes greatness. Ultimately, a great moment is an offspring of two rarities: sheer athletic perfection coupled with the perfect situation. In Montana's case, you couldn't have scripted a better scenario. During the ten years he has played in the National Football League, Montana has earned the reputation of being the premier "clutch" quarterback. That is to say, when the proverbial chips were down, "Joe Cool" was the man for the job. This past season, however, may have been Montana's toughest. In 1987,he had undergone back surgery, and it was speculated that his career might be over. Montana quickly ended this speculation, posting some of the best numbers of his career during the 1987 season. Ironically, 1988 was a nightmare for Montana, thanks almost exclusively to the media. All of a sudden he was too old, too slow, and his arm wasn't strong enough. Besides this, his critics contended, the FortyNiners hadn't won a play-off game in three years. Forgotten, apparently, was the fact that Montana had taken San Francisco to the playoffs five years in a row, an accomplishment unmatched by most quarterbacks. Even his coach lost faith in him, temporarily benching him on several occasions for the younger, albeit less experienced, Steve Young. Although the "What have you done for me lately?" mentality is as prevalent in the NFL as it is anywhere else, this treatment was unjustified in light of Montana's past accomplishments: two Super Bowl MVP awards, numerous Pro Bowl appear- ances, and a career that has earned him a future spot in the Professional Football Hall of Fame. As always, Montana overcame the adversity, leading the Forty-Niners to yet another playoff appearance. Although impressive performances against the Vikings and Bears en route to the Super Bowl served to vindicate Montana in the eyes of the media, it was clear, listening to Montana, that he still had something to prove. Perhaps that's why, with three minutes left to play, there appeared to be more at stake than simply the outcome of Super Bowl XXIII. There was that one simple question: could he do it again? Had we been in Montana's position, the fact that we had done it before might have left us asking, "What do I have to prove?" Unfortunately for Montana, the fact that he had led the Forty-Niners back on previous occasionstoo numerousto mention only served as a reminder that he had to do it again. If he didn't, the media would understand. His teammates would understand. Even the fans, the harshest critics, would understand. However, Joe Montana wouldn't. The actual drive itself wasn't flashy. There were no fifty-yard bombs, or razzledazzle plays. Ultimately, there didn't have to be. It was just vintage Montana, calmly and steadily leading his offense down the field. Watching Montana do what he does best, at a time when it needed to be done the most, was pleasure in and of itself. When he finally hit John Taylor with the winning touchdown, greatness had come to pass. The fans knew it, the players knew it, the media knew it, and, perhaps, even Joe Montanaknew it. In the wordsof Bengals receiver Cris Collinsworth, "Joe Montana is not human I've just never every time he has had seen a guy who the chips down and people are counting him out he has come back. He's maybe the greatest player who ever played the .. .. game." Had Montana been unable to bring the Forty-Niners back we would have understood, but we would have been disappointed. Too often, we attribute immortal characteristics to all too mortal athletes. When they are ultimately unable to live up to our inflated expectations, we feel disappointment, because in their failures we often see our own. When a rare athlete like Montana comes along, and lives up to an ideal that we have created, it is truly a moment to be treasured. "Joe Cool" may be as mortal as the rest of us. Nevertheless, he does his best to prove otherwise. Dave's Demons Set High Hopes For 13thAnnual Tournament by Vincent Falvo A missed free throw, an errant pass, the jumper that would not fall, afoul committed by frustration, and so ended U.B.s hopes at the Thirteenth Annual Law School Basketball Tournament in Springfield, Massachusetts. After much painstaking preparation and careful planning, Dave's Demons had fallen far short of the prize that would eventually go to a group of Duke University student/ athletes. But that was last year. With the foul taste of defeat still gnawing on the back of their throats and a tournament championship an elusive dream, the veterans of last year's team began the slow process of regrouping for this year's affair even as the hooligans from Duke were claiming their trophy. U.B.s next best chance for victory will finally arrive when this year's tournament convenes in Springfield on February 24-26. As in previous years, the team will be ably sponsored by the StudentBar Association, the Barrister Corporation, and several Buffalo law firms. However, it is not money itselfbut a grueling training regimen and an inflamed desire that might keep the Demons from being bridesmaids again at the awards ceremony. Shrouded in secrecy and paranoia for eleven long months, the members of this year's squad will only now come forward with theirtraining strategy and, hopefully, a blueprint for success. Mindful always that the best conditioned team often walks off as champions, team veterans are now in the final stages of their hushhush preparations which have included innumerable trips up the hardwoods of Alumni arena, savage weight training, cold showers, and long single file jogs along the icy waters of Buffalo's lakefront. Recently, at a fundraising event at the T.J. Dugan's nightspot, team leaders Kevin Carter, John Dagan, Shawn Griffin, and Steve Lindley revealed their plans to this reporter and swore terminal vengeance on any other team standing between U.B. and the much-cherished title. If these members of this year's squad are any indication, the team looks to be a study in contrasts. Reared on the mean streets of Brooklyn, New York, Kevin Carter holds the key to a successful tournament as starting point guard and chief playmaker. Although perhaps not as great in stature as his counterparts, Carter pos- sesses ball-handling skills and an uncanny court sense which are the envy of many an onlooker. Bringing the ball upcourt, Carter attacks enemy defenses like a surgeon on a healthy appendix. On the defensive end, Carter employs a relentless press and slashing style which lead to many forced turnovers and his well-deserved election to the All-Defensive team from New York City's Police Athletic summer basketball league. If Kevin Carter's game can be compared to a rapier, Shawn Griffin is a standardissue, crowd control police nightstick. With little respect for his own body much less that of the player unlucky enough to defend him, Griffin stalks the baseline like a caged panther waiting to strike. If Dave's Demons hope to advance in the upcoming rounds, much scoring must come from Griffin's power forward position. Apparently, Shawn is ready for the task. Under the jubilant anticipation of the crowd at Dugan's, Griffin admitted that he had added 15 pounds to his frame through extensive weight training and a diet consisting mostly of garlic, red meat, and Vitamin B-12. Plagued by foul trouble in last year's tournament, Griffin nonetheless vowed to pack his sharp elbows for this year's journey. Returning for the third year at the small forward position is Steve Lindley. On and off the court, Lindley marches to the beat of a different drummer, rarely wearing standard basketball shoes to practice, preferring instead his Bass Weejun loafers, and sneaking peeks at his Adminstrative Law text book during lulls in the action. Steve ranges all over the court on offense using the lean-in jump shot and graceful drives perfected during his varsity days at Emory University and four Rochester area high schools. Much is expected from Lindley this year, but Lindley aims to deliver. With a rub of his chin and a tug on his glasses, Lindley cryptically states that, "there's nothing wrong with U.B. winning a tournament every now and then." Hailing from a small village in Western New York that, ironically, no longerexists, John Dagan is in guarded possession of a jump shot so accurate, so true, and so unbelievingly artistic that much of the offensive game plan has been designed to keep the ball in his hands at the right moments. Dagan attributes his court prowess to equal parts of magic, alchemy, and the hammerjack discipline gleaned from starting four years at Alfred Univeristy. John's fine play and gentlemanly demeanor resulted in the much-coveted James Naismith Sportsmanship award at last year's tournament. A particular sore point in last year's drive and the subject of wild speculation this time around is who will anchor the lineup in the center position. Much of the responsibility in the pivot is likely to fall at the feet of the 6 foot, 6 inch ax-grinder named Thomas Ware. This third year student combines brawn, courtside brutality, and a hellish intensity which heflexes like an unseen muscle. Beyond the imposing presence of Ware, team veterans disclosed that they had secured the services of a first-year phenom to play the center position who had been specifically recruited away from otherlaw schools such as Yale, Harvard, and Chicago, just to play in this tournament. Even at this late date, team members would not reveal the identity of this secret weapon for fear of retribution from meddlesome NCAA authorities but it is known that he did attend college at an Atlantic Coast Conference school and is currently enrolled in Section 2 where he has received 2 Hs and 2 Qs so far in his first-year courses. The remainder of the squad is likely to compose of crackerjack substitutes such as Mason Ashe, Nelson Schule, Desmond Hughes, Dan Devine, and numerous other newcomers with the wherewithal to endure the rigorous training schedule the team has set for itself and the six-hour drive to Springfield. Rounding the team into shape this year will be a strength and conditioning coach, a traveling secretary, a team pharmacist and several organization men from the ill-fated Dukakis presidential campaign. The head coach who will direct this ship into the unfriendly waters of Springfield Desmond Tutu rican army. Noting the recent detentions that have been made in the last few months, he further stated that "it is difficult to oppose apartheid non-violently." The Archbishop terminated his lecture by making an appeal to the audience to write letters to their representatives on behalf of Mr. Delmar. Delmar, and a group of black South Africans have been convicted of treason for opposing apartheid. Archbishop Tutu appealed to the audience to put pressure on the U.S. government to in turn put pressure on South Africa by asking for a speedy trial for Mr. Delmar. "We must make it impossible for any government. Democrat or Republican, to collaborate with the perpetrators of apartheid." His disappointment with the lack of leadership and support evidenced by the actions of the U.S. government became apparent by the U.S.' refusal to apply has not yet been named. However, an intense search for the right personality is presently underway. Unconfirmed rumors around O'Brian Hall center around former Memphis State Coach Dana Kirk, currently under indictment for 12 counts of tax evasion and fraud, Buffalo Bills Offensive CoordinatorTed Marchibroda, and, oddly enough, noted American Legal Historian John Henry Schlegel. Early evaluation of the twenty schools who will be represented in Springfield by law school basketball experts gives U.B. slim chances while favoring traditional powerhouses Duke, St. John's, Villanova, and the Western New England College of Law. Much attention has also been focused on the Harvard University team where part-time law student and NBA great Bill Walton is expected to make an appearance. For many of the participants from other schools, the Springfield tournament represents a welcome respite from the storm and stress of another semester in law school. For this year's edition of Dave's Demons, it is far more. The weekend of February 24-26 means the fruition of a yearlong quest for the team, law school community in general and the possible vindication of the ghosts of tournaments past. Surely, such a personification of the values and ideals we attach to the Buffalo Model and, indeed, the City of Buffalo deserves our most unanimous and genuine support. . from page 1 sanctions to the South African government. Noting the contradictions in U.S. foreign policy, he commented that the U.S. government refuses to apply sanctions to South Africa because it is not reasonable, it will hurt the people they (the U.S. government) wants to help and that sanctions are ineffective. Meanwhile, he stated, "the U.S. government is ready, willing and able to apply sanctions to Nicaragua and Panama." Young Americans, he felt, should work towards changing the moral situation in this country. The young, he stated, were instrumental in ending the Vietnam war by refusing to go and get killed in Vietnam. Comparing the youth involvement with the South African situation, Archbishop Desmond Tutu stated that he was amazed at their idealism in getting involved and teaching themselves about apartheid and South Africa. February 10, 1989 The Opinion 11 �Mr 1 BAR/BRI is excited to announce that Prof. Arthur R. Miller, of the Harvard Law School, will be lecturing for BAR/BRI, beginning with the 1988 bar examination. Prof. Miller, who lectured on the bar examination for more than 10 years before joining BAR/BRI, will lecture in New York, California, Michigan, Massachusetts, and other states. The addition of Prof. Miller is just one more reason that more law school graduates throughout the United States take BAR/BRI than take any other bar review. We are excited to welcome Prof. Miller to our faculty. tofcn BAR REVIEW 12 The Opinion February 10, 1989 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-02-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/10/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 9 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3ab1d0e060d1e82a9e51504858968f72.pdf 10e76d039d96ca07be35b0a0b34f9378 PDF Text Text SBA Attempts To Hamper Operation of Free Press At a Student Bar Association (SBA) meeting held on Tues- day, November 15, 1988, the SBA discussed, and at one point considered, a motion that would hamper the free and independent press by forcing The Opinion, the SUNY at Buffalo Law School Newspaper, to publish certain material. Although the matter was tabled pending further "investigation," some SBA members made clear their desire to hinder The Opinion's production, layout, and printing by cutting back on SBA's allocated funds to The Opinion. By-Law 13 has been officially interpreted by SBA as meaning that The Opinion must publish any articles submitted to The Opinion by law student organizations which are earmarked to comply with By-Law 13. The Opinion Editorial Board is at odds with the basic premise of By-Law 13 of the SBA Constitution. by Alexei Schacht News Editor At issue is SBA's By-Law 13 which states, among other provisions, that "all organizations which wish to maintain or receive an SBA charter and/op re2) ceive SBA funds must: publish a letter describing the club's activities and plans in the law school newspaper, The Opinion, after October 15thand before March 15th, of each school year." ... Daniel Ibarrondo Cruz, Editor-inChief, The Opinion. As a free and independent press, The Opinion stands behind a guiding principle in the operation of any newspaper. Namely, that no government, student or otherwise, has the right to force any printed material to appear in any newspaper's pages. The Opinion's Editorial Board came to know of the events at the Tuesday, November 15th SBA meeting by listening to cassette tapes which recorded the meeting. Upon hearing the tapes and the threats advanced by some SBA members to cut The Opinion's funding, Daniel Ibarrondo Cruz, Editor-in-Chief of The Opinion, commented, "without a doubt, the SBA's discussion of this issue has political overtones. The Opinion Editorial Board has sought to provide UB Law Students and the Buffalo legal community with the awareness of the rich group of diversified student activities. Throughout the years, in fact since thefirst publication of The Opinion in 1950 up to and including this semester, The Opinion has reported on events and issues of concern to the UB Law community. No law student organization can state that they have been denied access to The Opinion. However, in a heated debate on this matter that lasted over half an hour, the SBA attempted disregard constitutional guarantees implicit in the rights of a free press. The Opinion's stand on this issue, it seems, was construed as an attack on SBA. This was clearly stated by SBA President Kimi King. "What are we going to do," asked King, "when The Opinion says they're not publishing any more By-Law 13 and that's what you ought to be thinking about. This is what it comes down to." to SBA. A motion wasthen passed which stated: "The SBA calls on The Opinion to continue printing all By-Law 13 compliances or other reasonable alternatives to the satisfaction of the organization and throughout remainder of the semester." Martin Coleman, 2nd year 3A Director, in support of the "I'm not motion, stated, satisified with what The Opinion has done. It is something that I'm really pissed off at. Let's just cut their money. Let's make sure their money gets cut. It's that simple. I say let's exert pressure. Let's send a mes- te sage." Kimi Lynn King, President, Student Bar Association A few of the SBA Directors asked that the matter be tabled until a representative of The Opinion could be present to asnwer any questions on the issue. However, King then sus- THEOPINION Volume 29, No. 8 pended all parliamentary rules and procedure adopted by the STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Lisa Sizeland, 3rd year Director, in agreement with Mr. Coleman, stated that "because of the money that's gived [by SBA] to The Opinion, they have a responsibility to print these articles." Ms. King then urged Ms. Sizeland to motion for a memorandum to admonish The Opinion for not printing these articles. (continued on page 15) December 7, 1988 Environmental Law Society Petitions For Law Clinic by Michael Gurwitz The Environmental Law Society is currently lobbying for the establishment of an environmental law clinic at ÜB. Working under the slogan UB Needs An Environmental Law Clinic, the group initiated its campaign with a petition table set up outside the law library. The goal of the petition drive was to gather 400 signatures, or roughly half the law student body, to demonstrate student support for an environmental law clinic. According to the ELS, Buffalo is the ideal location for an environmental law clinic. As many people are probably aware, the Buffalo area is one of the worst parts of the country environmentally. Love Canal, less than an hour's drive from the law Niagara Falls, N.Y. whose spirit continues to haunt the nation as a reminder of the insidious destructiveness of toxic waste pollution. But Love Canal is only the most glaring example of the toxic waste problem in Western New York. Sixty-eight percent of New York State's toxic waste is buried, or scheduled to be buried, in Niagara and Erie Counties. One reason for this is the area's historical location as the site of major polluting industries. Another is economics: Western New York is economically depressed, its citizens lacking in the legal and scientific resources necessary to protect themselves from the powerful interests who use their backyards as dumping grounds for chemical trash. — — This is where an Environmental Law Clinic can step in. The law school, in conjunction with other schools within the university, can provide an invaluable resource for the surrounding communities. Students can work with local citizen's groups to carry out citizen suits against polluters, and help prevent any further dumping of toxic waste. Law students can gain valuable still, and with President Reagan retiring to the ranch and President-elect Bush, a self-confessed environmentalist, coming into power, new opportunities will open up renewed cooperation between Canada and the U.S., not only in dealing with acid rain, but also in cleaning up the Great Lakes both countries share. Students can also pursue their interests in environmental law and international law on a scale. The truly global Greenhouse Effect and Ozone depletion affect the entireworld and must be approached accordingly. Given the vastness of the problem, there is no limit to the kinds of activities which can be organized through an environmental law clinic. An environmental law clinic is essential to preparing the UB law students for what will undoubtedly be the most important polical and social concern of the 19905, and should not be denied them. With time, the UB Law School can become the premiere environmental law center in the United States. An environmental law clinic is a necessary step in that direction. The ELS encourages law students to write letters to Dean Filvaroff in support of the clinic. UB needs an environmental law clinic. Garrow Speaks On Civil Rights by Dennis Fordham — Present home of Hooker Chemical school, is a national symbol of environmental devastation. Once a solid bedroom community, Love Canal was transformed overnight into a gibbering nightmare when it was revealed that the very grounds upon which its houses lay and its children played were awash in toxic waste. Birth defects, cancer, and deathreduced Love Canal to a ghost town, one experience working in environmental law, and together with local groups, transform Western New York from toxic toilet bowl to a clean, healthy place to live. There is also a tremendous opportunity to combine environmental law with International Law. Canada our friendly neighbor to the North is greatly concerned with environmental protection. Canada has been struggling with a terribleacid rain problem and has seen its lakes and forests devastated while the Reagan Administration promised to study the problem and took a nap. The problem exists As law students, it is hard to accept an unflattering appraisal of the current status of civil rights in America, especially since many believe the battle has already been won through legal reforms. Nonetheless, the lecture by Professor David Garrow on The Legacy of the Civil Rights Movement was deservedly well-received by the 60 who attended the event on Thursday, Nov. 10. Prof. Garrow won the Pulitzer Prize for his 1986 book Bearing The Cross: Martin Luther King, Jr., and the Southern Christian Leadership Conference. He was a senior advisor to the PBS documentary "Eyes on the Prize," and has written other books and articles on Civil Rights. Currently, Prof. Garrow teaches at CUNY and lives in Harlem. Prof. Garrow began his corrective narrative of the U.S. Civil Rights Movement with the landmark decision of Brown V. Topeka Kansas, the famous desegregation decision heralded as the first major post-war victory for equality. The meaning of the Brown victory, according to Prof. Garrow, was not the triumph of legal efforts but rather the "consensus of black leadership" to follow judicial means through the NAACP legal staff. Up until the Montgomery Bus Boycott, Civil Rights leadership had totally followed the NAACP strategy of successive Supreme Court victories and placed pressure on the courts to grant concessions to Civil Rights. Hence the enthusiasm of the Brown Decision was a feeling largely confined to the adherents to the NAACP strategy. But to the ordinary disenfranchised black citizen the dire need to move more expeditiously made Brown an (continued on paged) HIGHLIGHTS The New Drug Law In failed attempts to combat drugs by clamping down on dealers, Congress has passed a law which goes after users. The penalties are harsh and the issues involved have fed to heated debates among legal scholars. page 4 Supreme Court Analysis page 5 How far has the Supreme Court gone in defining the beneficiary of the Equal Protection Clause.' �THINGSYOU ONLY WANT TO DO ONCE If you're lucky, you will experience many things in this life that you want to repeat again and again. Unfortunately, taking the bar exam is not one ofthem. And as such, it joins a long and worthy list of events which while necessary, are no less appreciated for the singularity of their occurrence. With this in mind, we would like to make the following suggestion. The best way to guaran tee that you will experience X) <0 /__ BE T. 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Attorneys Relay on Differing Views ofEntertainment Law The Entertainment Law Society sponsored a very entertaining event, "TheMusic Industry" last Tuesday with the help of a slick attorney who represents the music industry in contract negotiation and another who often works to protect artists' rights, especially those musicians who are forever looking for that "big break." by Jeff Markello Photography Editor David Parker, Esq. is vice president and general counsel to Amherst Records, a recording company whose clients include European teen-age superstar Glenn Maderos, the Doc Severinsen band from Johnny Carson's Tonight Show, recording national artists Spyro-Gyra and Rick James, as well as local groups trying to make it big such as Gamalon. Parker, a UB Law graduate drives a 944 Porsche with an appropriate New York State license plate which reads "MUSIC LAW" and works with Lenny Silver, owner of Record Theatre. Tricia Semmelheck, Esq., also a UB Law Graduate, works for the Buffalo law firm of Saperston & Day. While her specialty with Saperston & Day is patent law, she is also very successful at assisting young artists who may have been duped by an unfair contract with their personal manager. Much to the delight of the Entertainment Law Society, Mr. Parker and Ms. Semmelheck informally engaged in a friendly debate discussing how they can best represent the interests of their respective clients before, during, and after contract negotiations. Ms. Semmelheck stressed the importance of a young group having any personal managing contracts reviewed by an attorney before committing themselves to a will have in negotiating a contract. Ms. Semmelheck described to the audience a typical contract that she encounters as one in which the personal manager will receive between 15 to 30% by the artist over the next five years, ...and power of attorney..." That literally includes all gross income that may be received regardless of its relationship to the artist's music. For instance, any acting, speaking, appearances, or even any odd jobs that the artist happens to pick up while her group is in a slump, will qualify as income from which the manager gets to take a percentage as provided for in the contract. Further, the term "year" may be defined in the contract as a period of time in which X, Yand Z must occur, and may not have anything to do with our traditional calendar years. Also, while a certain manager may obtain a recording session with a big name label, one must always be extra careful in signing away her power of attorney. In Europe, personal managers are not allowed to alter any artist's music without that artist's permission and direction over all changes. Here in America, unless such a provision is specifically stipulated in the contract, the personal manager may use the music in any way that he feels will make the product more marketable, regardless of how the musician may feel about it. If the artist so desires, and has enough clout in the music industry, he/she may give up the rights to certain portions of the potential use of the art and keep all others. For instance, an artist may choose to sign away the rights to use the song on television, MTV, Hollywood movies, radio, etc., or may specifically intend to retain all of the options and sell them personally outside the realm of the agent. But unless David Parker, Esq. and Tricia Semmelheck, Esq working arrangement that may there's a provision in the connot be fully understood or is intract, the personal manager has herently unfair to the musia free reign to use the art form cians. The case that she most in any way that he/she may deoften finds herself confronted sire. with is one brought to her by a band who desperately wants Personal managers aren't out of their contract because licensed or policed by any orthey are starting to gain attenganization protecting the integtion and find themselves pinrity of the music industry. Hence, ned down to a contract which many groups enter into unfair contracts with sleazy managers gives their manager too much who are out to exploit young discretion and a larger cut than they may deserve. musicians too naive to know the difference. Some personal Unfortunately for the young managers are double dippers artist's sake, the music industry is one in which the clout of the who will require that the artist publish their work through a reartist translates directly into how fair the personal managelative's publishing company, use a relative as their attorney, rial contract is. Mr. Parker pointed out that Billboard or as their accountant. Other contracts require that all of the magazine is really the pulse for group's earnings must go dithe record industry which dicrectly to the manager wheretates who's hot and who's not upon the manager will take his/ in regards to how much leverher share before giving the age or clout any particular band group back whatever is left over. Inevitably, the negotiating power available to the artist in constructing any contract, is directly proportional to their degree of clout in the music industry according to Billboard magazine. When confronted with a troubled artist who needs to be released from her contract, Ms. Semmelheck often will point to the lack of consideration of the contract and doctrine which states that all ambiguities in a contract are to be construed against the writer of that contract (typically the manager). One of the reasons that the music is such an exciting field is that law is just beginning to be developed as there is little case precedent available, and much yet to be decided. Rarely do any contract disputes go to court because both parties are . afraid of the unknown how the court might handle music industry contracts. Mr. Parker claimed that some major record labels have a staff comprised of as many 70 attorneys scrutinizing their contracts and settling disputes if a big name artist becomes disenchanted. At the same time, this record label will refuse to settle with the lesser known artist who it knows is not likely to be able to afford the legal fees necessary to successfully take the case to trial. In this way, the music industry is ultimately controlled by managers who can determine if an issue will be adjudicated, something that they desperately try to avoid because of a lack of precedent produces a frightening uncertainty about the law. Both attorneys present agreed that a very thorough knowledge of contract law is important to be a successful entertainment lawyer and recommended all courses emphasizing contracts for those students interested. This very informative discussion also involved many questions from the students in the audience covering diverse areas in entertainment law not included in the scope of this article. The Entertainment Law Society would also like to thank the law school for the interest and enthusiasm shown for its "Paper Chase Movie Series" on Thursday afternoon in the 4th floor student lounge. The lawrelated motion pictures have been just as entertaining as Mr. Parker and Ms. Semmelheck were last Tuesday. It's no surprise that the Entertainment Law Society is opening eyes and attracting new members with every event... don't miss out. BookReviw: Black Robes, White Justice Examined by Martin Coleman The stories of racism in New York City's legal profession, related by Bruce Wright in his book "Black Robes White Justice," came as no surprise to me. What did surprise me positively was Judge Wright's no holds barred honesty in telling his story. It dawned on me progressively as I passed through its chapters that Judge Wright must be the most villified justice in this country after public airing of this book. For this he deserves not the status of pariah, of which he is thoroughly used to by this time, but great praise for being both a courageous human being and an outstanding role model for what a judge should truly be. Judge Wright is a courageous human being because he doesn't fool himself, like so many white and Afro-Saxon justices, into thinking that the history, culture, and psychosocial dynamics of racism are of no consequence in a determination of justice in our legal system. Rather, he exposes "legal" racism without deference to the elevated and mystified status that the judiciary has accrued to itself. He is a "Judge's judge" precisely because he has confronted the ugly truth of racism as it affects judicial decisions, and can now deliver blind justice to the masses of alleged criminals that are paraded before him, regardless of their color. Ironically, by unmasking the "blind" justice of our judicial system for the racism it visibly perpetrates, Wright has come as close, if not closer, than great justices like John Marshall or Oliver Wendell Holmes (that we are taught to venerate) in delivering blind — — justice. We know, if we care to open our eyes, that white lawyers and judges, in their personal lives and thoughts, are no more or less racist than the elevator man who refused to allow Judge Wright to use the "white" people's elevator (p. 157), or the "liberal" white schoolteacher who thought that reading and play acting "Little Black Sambo" was a positive learning experience for black and white schoolchildren (p. 191). Why should we be so gullible as to believe that they can leave their racism home when they show up at work to mete out justice? When one considers that most racism (at least for white people) is as subtle as the haughty ignorance of the "liberal" schoolteacher referred to above. It would require an enlightened vigilance by white lawyers and judges to keep such potentially dangerous notions at bay while performing their legal duties. Examples of the failure of such self-policing in rooting out racist applications of the law abound in Judge Wright's book. The gem I found most ironic was the lack of due process that Judge Wright received at his censuring hearing before the Judicial Relations Committee for taking the admitracist tedly prosecutor Schwartz to task (p. 141). Apparently black judges weren't guaranteed the same due process rights that were previously granted to welfare recipients in Goldberg v. Kelly. I wonder if they still aren't? What is necessary to combat such judicial racism is the type of education advocated by Judge Wright (p. 195), wherein the historical and sociological foundations of modern racism are taught as a mandatory part of the law school curriculum. Again, one would think this an obvious need recognized by that especially heavy mass of fine minds that comprise the field of legal education. A quick look at law school 33 yearsafter Brown v. Board ofEd. however, confounds such an obvious expectation. Even that progressive bastion of legal jurisprudence called SUNY at Buffalo Law School offers only one class that is directly aimed at addressing this need; an optional seminar attended by 20 students. It seems that necessary change in this area, like wet cement, is slowly being poured into new foundations, and for most law students in 1988, certain to dry up before the foundation gets filled in. For minorities then, particularly blacks, the color of their skin will always be a barrier to receiving true "blind" justice. If it is so difficult to eradicate racism from the legal arena, why should we presume that other forms of personal preference and prejudice are not also occluding the vision of legal professionals and judges? For instance, the legal profession holds to the principle, stated in the lawyer's cannon of ethics, that all Americans are entitled to access to the courts to have their legal problems resolved, and that it is the responsibility of the legal profession in general to see that they receive proper counsel to represent their interests. It is explicitly stated that lack of financial resources should not be a barrier to justice. That same cannon of ethics however, relies on the voluntary system of pro bono to provide for indigent clients. This system is to operate outside the "normal" unregulated market for legal services. Common sense tells you that lawyers charging minimum fees of about $75.00 an hour up to $500.00 are going to take advantage of the fact that their service to the poor is unregulated and voluntary. "Trust in the good heart of Vultures," a street person might say; "Yeh... right." There is no justice for those poor who knock at the door, and are turned away because the lawyer's time is being spent ministering to those who can meet the market price. Lawyers in general don't question this contradiction in their obligation to provide justice for all. Perhaps this is because they have personal prejudices to people who are poor. Many will say that they have a right to make as much money for themselves as they can, which means that they don't think that it is their responsibility to provide justice for the poor. They might say, "It isn't my fault that they are poor." This reminds me of many whites who state that "I am not responsible for the racial discrimination of my forefathers and mothers." They take no direct responsibility for the cause but make no effort to rectify the festering vestiges. Indirectly they give continuing life to past discriminations and benefit materially from present maldis- tributionsof power and money. (continued on page 15) December 7, 1988 The Opinion 3 �Should You Obtain A New York State Smoking License? by Jeffrey M. Blum Associate Professor of Law SUNY Buffalo Faculty of Law and Jurisprudence Well, the bad news is in. Congress has finally gotten so fed up with losing the war on drugs that it appears to be shifting its point of attack from the major larcenous, dealers those sometimes dangerous criminals who make millions of dollars to the ordinary users of controlled substances the artist, the mailman, the professor, the college student, the musician, the paramedic, and so forth. Indeed, the Anti-Drug Abuse Amendments Act of 1988 authorizes fines of $10,000 for anyone possessing any amount of any controlled substance. Once the law goes into effect, which will be either next March or next September depending on the section, the joint that one casually smokes for excitement, amusement or relaxation could lead unexpectedly to confiscation of everything one owns. The civil fine of $10,000 could come quickly or anytime during the five years after the illicit act of possession. Thefine can simply arrive in the mail, and then there is the opportunity for a hearing to determine whether you did in fact hold the joint in your hand. All that is needed is for someone, probably an informant, to file an affidavit saying that he or she saw you smoke pot. Whether there will be a vast proliferation of informants is unclear, but the new law does appear to provide the necessary mechanism. Funds from confiscated property go into the Department of Justice Assets Forfeiture Funds, which is earmarked for several purposes, including the paying of informants, the purchase of evidence and the acquistion of computers and other equipment designed to keep tabs on the population's drug use. If zealots in the Department of Justice decided to really press things, they could develop an — — — impressive self-funding vigilante separation. With twenty- six million Americans who regularly use drugs (80% of whom simply smoke pot), and the possibility of $10,000 being confiscated from each, there appears to be available a potential fund of up to $260 billion that could finance operations without any additional appropriation from Congress. Even one percent of this total would be $2.6 billion, which frankly could hire a lot of informants and keep a lot of computerized records. Naturally our first response is to believe that this couldn't really happen here. But there are some indications that it might. For example, the new law contains the "declaration" "it is the declared policy of the United States Government to create a Drug-Free America by 1995." To even approximate this goal would require transforming the United States into a vastly more authoritarian society than it has ever been in its history. Whether the necessary police state apparatus could sustain sufficient political support to carry out its mission might well depend on how much hysteria could be generated. But already we see the beginnings of drug users being prepared for the role of scapegoat. In a period when virtually everyone is predicting — 4 some significant economic downturn, it may be significant that the new law recites: "the total cost to the economy of drug use is estimated to be over $100,000,000,000 annually." The law goes on to state that "the connection between drugs and crime is also well-proven." What is equally well-proven, although not much spoken, is that this "connection" comes much less from the drugs themselves than from the laws that make them illegal. The litmus test of what the new law is about is found in its treatment of marijuana. If public health and welfare were the law's concern, then a crusade against some deadly or debilitating drugs might be warranted. But not a crusade against twenty-odd million pot smokers, or for that matter, the approximately half of high school seniors who have tried it. Whereas drugs like heroin, angel dust and crack are highly addictive and/or dangerous to health, marijuana is known by most of those with experience to be a fine recreational drug. This is not to say it cannot be overused or abused, but it is far less addictive than either tobacco or alcohol, and has much less of a connection with either violent behavior or accidents than does alcohol. Its potential adverse health effects have been studied extensively for thirty years, and may now confidently be listed as somewhere between modest and minimal at any rate, significantly less than those associated with cigarettes or alcohol. Against these adverse effects there ought to be balanced the benefits of smoking pot. For most people these simply involve various forms of enjoyment, including heightened feelings of humor and warmth with others, as well as enhancement of sensory experiences such as listening to music and having sex. However, for many pot smokers who are committed creative people independently of their drug use, getting high facilitates certain aspects of the creative process. Musicians often find that itenhances their ability to concentrate on rhythm and sound; writers and thinkers sometimes find that it allows them to see things from a different angle and to combine diverse insights; creative people in many fields report that it can trigger inspirational experience, and thus greater access preconscious to thoughts. Having talked with about twenty-five or thirty talented people who have reported such benefits, I can attest that perceptions of marijuana's contribution to creativity are not entirely illusory or idiosyncratic. In addition, pot provides useful therapy for adverse effects of the glaucoma, chemotherapy, and for many people, headaches. The main justification given for keeping pot illegal is that it furnishes a "gateway" through which young people pass on route to harder drugs. Although this is true in some instances for pot, just as it is for beer, most of the time it is not the case witness the fact that 80% of illicit drug users only use pot. To the extent pot does function as "a gateway drug" this is largely because of its illegality. Young people are driven to rely on the same suppliers who also provide — — The Opinion December 7, 1988 hard drugs. In the Netherlands controlled legalization of pot separated the distribution of marijuana and hashish from that of hard drugs. The result was a sharp decline in the number of young people using heroin and other hard drugs. If the government were to get serious about persecuting pot smokers, as would be required And of course there is no nuclear deterrent to protect Americans from their own government. While the new law may be subject to ridicule, it also could pose serious dangers. Laws born out of mindless bigotry can acquire a new and possibly more nefarious significance when they are skillfully manipulated by officials with a repressive agenda. Given the prevalence of drug use, and especially pot, among artists, writers, intellectuals, political activists and racial minorities, it is quite conceivable that the combination of surveillance, computerized record-keeping, heavy penalties for one-time use and the five-year limitation period could be used to main- Jeffrey M.Blum, Associate Professor, SUNY Buffalo Law School for the goal of "a drug-free America by 1995," the United States would probably wind up handicapping itself with a welldeserved brain drain. Why, then, are marijuana users now on the verge of being persecuted underthis new law? I suspect the primary answer is a combination of ignorance, fear of the unknown, and cultural prejudice. Although our Constitution seeks to prevent diverse groups from using state power to oppress each other based largely on prejudice, the low level of information exchange in our electoral processes have aggravated politicians' temptation to engage in demagoguery, which fundamentally is what the "war on drugs" is really about. What ought to be a health issue guided by careful discrimination among drugs based on their different effects has been turned into a "war" against twenty-six million Americans. Much of the problem seems to be that of many of the people running the country seem always to be looking for a war. tain a system of selective prosecution geared to chilling political activity by these restive groups. The notion will be that if you keep a low profile and don't get visibly involved in anything political, then the Department of Justice will leave you alone. The chilling effect could indeed be extensive. Given the frustrations of being intelligently political in the United States, one could law will be used to repress activists is unclear and probably has not been determined yet. But it is unlikely that even occasional prosecutions of visible people can go a long way toward making the mass of Americans behave more like intimidated subjects and less like free citizens. Another noxious side effect of the new law could be its functioning as a powerful device for tacitly excluding ethnic minorities from higher education. The law establishes that any use of any controlled substance can be grounds for effectively barring access to college by denying all federal aid and any state aid that is partially federally funded. Smoking pot traditionally has been acceptable in at least the black community for many years. Hence the disproportionate racial impact that will inevitably arise from the new law. If, as some people suspect, the drug-free requirement for college aid is implemented by some sort of oath on financial aid applications, as has been done with draft registration, then consider the dilemma of guidance counselors in inner — .. the new law contains the 'declaration' 'it is the declaredpolicy of the United States Government to create a Drug-Free America by 1995.' To even approximate this goal would require transforming the United States into a vastly more authoritarian society than it has ever been in its • history. argue that activism by the citizenry is simply dispensable. However, the country is moving in some ominous directions and I suspect that without more responsible, informed participation by large numbers of people we could be looking at a future of expanding poverty, intensity" wars, "low heightened nuclear danger, and a much perforated ozone layer. How much the new drug city schools. Either they advise their college-eligible students to perjure themselves about whether they have smoked or snorted, in which case the counselors themselves accrue possible criminal liability, or they tell the students to forget about college. Right now the law places it in the broad discretion of judges whether to cut off aid. However, judges are (continued on page 12) Congress Wages War on Drugs by Bruce Brown Congress has declared that its goal is a drug free America by 1995. The new policy is based on a congressional finding which, among other things, concluded that "the total cost to the economy of drug use is estimated to be over annually" $100,000,000,000 and that "despite the impres- sive rise in law enforcement efforts the drug supply has increased in recent years." Asserting that "winning the drug war not only requires that we do more to limit supply, but that we focus our efforts to reduce demand" the House of Representatives armed itself forbattle bypassing a new drug law which authorizes the death penalty for drug kingpins and can disqualify students convicted of drug possession from receiving federally guaranteed student loans. Whether a result of the election year rush ora sign of battle fatigue, the new drug law, as written, appears to rest on shaky constitutional grounds and contains some unexpected surprises which may startle its advocates. By far the largest category of people who will be affected by the new saber-rattling will be individuals convicted, after September 1, 1989, of any Federal or State offense involving the possession of an illegal drug. No qualification has been placed on either the quantity or the type of drug, but upon the first conviction and at the discretion of the court these people may be found ineligible for any or all Federal benefits (including loans, grants and contracts) for up to one year. In addition, they may be required to successfully complete a drug treatment program, submit to periodic drug testing while undergoing drug treatment, and be required to perform appropriate community service. Furthermore, in an attempt to dissuade personal use, the law states that: "Any individual who knowingly possesses a controlled substance ... in an amount that... is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation." However, in a gesture to the recidivists, Congress then declared that: "Acivil penalty may not be assessed [i.e., the if the indi$10,000 fine] vidual previously was convicted of a Federal or State offense relating to a controlled substance" .... Thus, repeat offenders, normally considered ... worthy of harsher treatment, are exempted from the heavy fines. These civil penalties are, of course, in addition to whatever penalty has previously been assessed by the Federal or State court. Since the Constitution presupposes the existence of the states as entities, independent of the national government, it could be considered that these additional penalties deal with the states in a manner that is inconsistent with their independence. For example. New York considers the possession of small amounts of marijuana to be on par with a typical traffic ticket. Therefore, if as a result of a congressional action, an additional fine not envisioned by the New York State Legislature is imposed, the punishment should be void, not because it violates the rights of the individual per se, but because it is contrary to the structural assumptions of the Constitution. The 10th Amendment may often be overlooked, but it does specifically state that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States are reserved to the States respectively, or to the people." �Equality and The Supreme Court: Much Ado About Nothing? by Emmanuel C. Nneji One of the concerns expressed in the 1988 presidential campaign is the notion that the next president of the United States will tiltthe balance of the Supreme Court. This notion bothers many people in two basic ways. Those who approve of the Reagan impact on the Supreme Court in particular, and the lower Federal Courts in general, fear the outcome of the presidential (and senatorial) election may alter the course of judicial politics introduced by the Reagan presidency. Apparently they believe the Reagan judicial agenda will be continued if, and only if, a Republican is elected president. On the other hand, those who object to the Reagan course consider it an atrocity on civil rights and liberties. Consequently, they are pleased that the Reagan era is a blink from chronological history; but most important is to ensure discontinuation, in fact reversal in some aspects, of the judicial trend so as to assure meaningful protection of the rights of the politically weak and unpopular segments of America. This article addresses the trajectory of Supreme Court interpretation of the Equal Protection Clause and the general popular perceptions that pervade the equal protection environment. The Supreme Court opinions in this regard have been anything but definitive. They collectively suggest uncertainty on the part of the justices who composed the Court in a given time frame. Most importantly, the "intent of the framers" argument in this context reduces the clause to a mere statutory provision intended to address a particular social evil, rather than a determinative statement of principles to guide government behavior and protect citizensfrom the claws of a sinister administration. So, what does Equal Protection mean; and to whom does it apply? The Supreme Court has answered the "meaning" aspect of this question in a manner that seems simple and clearly definitive. It means that ABC ought to be treated the same way as XYZ. "Ought" is emphasized here because of the disparity that obtains in some cases posturing similar circumstances. The visual/ physical differences between ABC and XYZ have sometimes, and in some cases, contorted circumstances thereby manufacturing situations conducive to inequality in the law either in legislation or application. As a result, the nation is still fumbling with the meaning of Equal Protection; and it remains principally idealistic, rather than pragmatic. It is fairly clear that the Equal Protection Clause prohibits the Federal (under the sth Amendment) and State (under the 14th Amendment) governments from making and enforcing laws that treat citizens unequally. This prohibition is not absolute, for the government is allowed to transcend it upon a showing of compelling state interest. To some, this exception makes sense and is acceptable. To others, the underlying justification for the exception is — sensible, but nevertheless unacceptable because such justification is the necessary expense for the enjoyment of the American constitutional form of government. In other words, the value of the "compelling state interest" exception to racial classification is the foregone alternative in order to meaningfully enjoy the value of constitutional protection and freedom. The major problem created by the Equal Protection Clause is its failure to categorically specify its beneficiary. This is where the current controversy lies, at least so long as affirmative action and other remedial government practices are pertinent parts of the equation. It is arguable that the Constitution is for all, and affects all, therefore it protects all. It is equally arguable that the Constitution is for all, but the amendments to it were generated in the context of specific conditions, therefore they were solely intended to remedy such conditions. The Supreme Court's vacillation in providing an unequivocal definition of the goal of the equality clause has resulted in political (as well as judicial) chaos, serving as a catalyst to racist and divisive psychology. In turn, this type of atmosphere reinforces mental racial reservations, which ultimately filter down to the election process and dilute the idea of a "melting pot" mandate necessary to address the needs and concerns of all citizens. How far has the Supreme Court gone in defining the beneficiary of the Equal Protection Clause? The Court had the op- portunity to definethe clause in Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873). In denying the claim of disenfranchised butchers in this case, and while stopping short of categorical declaration that the Bill of Rights was intended for the sole purpose of rectifying the injustice perpetrated against those who were politically, socially, and economically disenfranchised (the former slaves), the Court's analysis compels the conclusion that since the white race had enjoyed the better side of the equation, the Equal Protection Clause could not properly be construed to have been intended for them. In other words, the logic of this rationale is that the standard of equality sought to be achieved has been historically available to the white race, Book Review. fI I EXTRA MILE FOR YOU! Pieper gives something in For more information contact addition to what is due, your Pieper Representative or expected, or customary telephone: lin a Bar Review Course. ■ This extraordinary effort is making the difference. I (516) (continued on page 10) ...continued from page 3 Others are more explicit about their prejudices to the poor. They carry that American myth of Horatio Alger around with them; anyone can make it rich in this country if they are willing to sacrifice and work had. The implication is that if you don't make it big then you haven't sacrificed or worked hard. Then you must be either lazy or too stupid to "make it big." Either way, it is your fault that you can't afford to pay market fees for lawyers, and you shouldn't be entitled to the same level of legal services that those who can afford to pay market rates are entitled to. And so the rationale goes... Summing it up, we see that personal attitudes about in- J RUNS THE therefore plaintiffs could not claim entitlement to a remedy because they did not share in the experience deemed requisite for a remedy under the Bill of Rights. Those who project intent of the framers arguments are at a loss here because tbe chronological timeof Slaughter-House Cases points to a conclusion that the Court ruled as the framers intended. The justices of the then Supreme Court were better situated in time to judge the intent of the Bill of Rights, therefore the outcome in SlaughterHouse Cases is arguably reflective of that intent. On the other hand, one can speculate that the justices indulged their subjectivity. They felt that the ills of slavery come levels and racial characteristics held by the arbiters of justice in this society materially affect the ability of minorities and the poor to receive that coveted myth of "blind" justice. It might be better if Justice would take off her blindfold and check out what is going on but then she might see what sins she has committed and in shame caste out her eyeballs altogether like Sophocles. The pun is intended, but the message is serious: We are kidding ourselves about justice being blind. More truthfully, the rule is that justice is deeply affected by personal attitudes of judges and lawyers, racism and poverty being more pernicious and open examples of the effect of these attitudes. — fL. ifdj| SifcpteJlHlil 11111118 747-431 1 jjjl p|£PER NEW YORK-MULTISTATE BM{ REVIEW LTD90 Willis Avenue, Mineola, New York 11501 I I H I | Sff mBM |$|r December 7, 1988 The Opinion I 5 �Why Blacks Need A Republican Administration More Than Ever by David Smith In the United States, the Afro- many cases, cannot get past the front door. Today, many negros feel that they are equal with the general populace, believing that they can walk or live wherever they choose. Many continue to run around, light and dark in color, believing they have the option to change their names and lifestyles in order to assimilate with the white populace. Some even believe that all white people at school, home, and/or the government are their best friends. Well, for those blacks who believe such nonsense, they need a rude awakening. This is where the Republican administration comes in. The Republican Adminstration is still in office, and promises a more conservative government than ever before. The Bush Administration, in all likelihood, will be responsible for appointing the next three Supreme Court Justices. President-elect Bush will undoubt- American population has a history quite different from other minorities including other ethnic groups, the handicapped, and homosexuals, who continue to assimilate their problems with blacks as a whole. The main reason is that slavery looms over the heads '/the black populace, weighing heavily upon the amount of time blacks have been in this country. To this day, blacks are considered to be genetically inferior by many of their white counterparts, except, perhaps, in the realm of athletics. In other words, blacks are looked upon as mentally incapable of performing tasks that require intelligence. Unlikeany other group, blacks are black for life and are forced to live in an environment that punishes them because of this. Other groups can walk through an establishment without hindrance, while blacks, in edly attempt to appoint judges businesses is because of the far right of center, hoping that they can withstand the scrutiny of a Congress controlled by the Democrats. Now imagine, abolishing affirmative action, bringing back separate but equal statutes, or even separate but unequal for that matter. Maybe these would be the perfect decisions for blacks, since police bullets and nightsticks, a racist justice system, and a news media that continues to exploit blacks doesn't seem to have awakened blacks. What will it take for blacks to realize that it's time to stop talking, and actually do something about the problems faced by blacks? With these type of judicial decisions, blacks will be affected the most, since whites will not face any problems from a separate but unequal decision. What makes blacks think separate but equal makes a difference? Negros must face the reality that the reason a majority of blacks do not own their own . Garrow Lectures on Civil Rights abstract ideal far removed from economic reality. As Prof. Garrow noted, "lawyers were not seen by the more radical black Civil Rights leaders as the cutting edge of reform." Garrow effectively contrasted the image of the Civil Rights movement as being composed of elite spokesmen against the historical reality of the times. The majority of the protesters were young women, although this is lost on anyone who simply focuses on the attention given the popular ministers. Indeed, the 1956 Montgomery Bus Boycott was a shocking challenge to the NAACP authority which was hitherto unchallenged. A dichotomy emerged in 1956 that grew out of the new vogue grass-roots leadership provided by young idealistic protagonists that challenged the formalistic NAACP old guard. The new vitality manifested in the Southern popular support was guided by King along what Dr. Garrow identified as the best avenue to change: Economic Pressure. By 1966 King had realized from page 1 I that legislative reform would not alter economic suffering. Congress would not equate basic welfare necessities with Constitutionally guaranteed rights. Furthermore, in 1966, Civil Rights faced an adamantly conservative white America that was even less concerned with economic justice than social justice. Breakthroughs were made by King's strategic use of mass demonstrations as a "negative inducement" to foist economic reform upon Congress. (continued on page 12) PMBR Results Speak for Themselves During the last 12 years, PMBR students have achieved the highest MBE scores in many jurisdictions. Here's a sampling of just how well our students perform on the MBE: • • • • • • • • • • • • • • • • • • • Student Paul Watterson Mitchell Barker Gregory P. Smith Jim Byers Louise Werho Thomas DeMarco Jon Pieffer Louis lorio John Coppede Brian LaMotta Russel MacGregor Jeffrey Bard Robert Alexander Rick Jones Ted Smith Wynn E. Clark James Daugherty Jon Thornburg Steven Palmer MBE Score Jurisdiction 186 Pennsylvania Utah Mew Mexico Michigan 177 177 175 171 171 170 170 368 168 167 166 164 163 163 163 Arizona Mew York Colorado Mew York Wyoming Mew Mexico Pennsylvania New York 161 Pennsylvania Georgia Pennsylvania Mississippi Colorado Nevada 161 Arizona 162 WEST COAST OrriCE 1247 6th Street Santa Monica. CA 90401 450 7th Avenue, Suite 3504 Mew York. NY 10123 MEW YORK OrriCE EAST COAST OITICE 211 Bainbridge Street Philadelphia. PA 19147 (213) 459-8481 (212) 947-2525 (215) 925-4109 NATIONWIDE TOLL FREE NUMBER: (800) 523-0777 6 The Opinion December 7, 1988 I [ failure to circulate their black dollars within their own community. In 1986-87, blacks spent approximately 339 billion dollars in the U.S. economy, and have nothing substantial to show for it. The black dollar leaves the black communities transported by foreigners who don't even live within these communities. Hardly can it be founmd this the case for any other American ethnic group. Foreigners, as well as other ethnic groups, continue to plant the seeds of destruction that keep blacks in a depressed state. These seeds of destruction surround black communities just as pollution does in an industrial site: massive bombardments of billboard advertisements, display cigarettes, malt liquor beer, and food that would never be sold in a white community, while blacks continue to pay a higher price for lower quality food. The abundance of these advertisements along with bad food only enhance poor health within the black community. Drugs flow through the urban communities like water, while predominantly white police officers patrolling the urban neighborhoods look the other way. The devilish people that plant such seeds, created such a horrific mind-set of their own. whereas they see it as keeping black people from thinking something stupid like going into politics or becoming a political activist. Keeping blacks in a passive state of mind with two liquor stores and one church on each square block assures American prosperity. Since blacks cannot seem to see the light, maybe it's time for the Republican administration to turn it on before the Democrats and bleeding heart liberals break that light. Supporting a Republican administration will indeed make things a lot worse for blacks, but hopefully for the better. It will especially hurt blacks who feel they have it so good in thefirst place. Yes, this approach may seem somewhat radical, and may hurt blacks who have made it up to this point. Even if upper class blacks are aware of the black populace problems and are forced to lose much of what they already have, they must understand that this administration is necessary for blacks as a whole. Black activists and writers such as Malcolm X, Martin Luther King, Thomas Sowell, and Derek Bell believed in doing what it takes to help blacks as a whole. Blacks must also come to realize that there are jobs available for almost anyone, black (continued on page 14) NAPIL Hosts Conference I by Karen Comstock The National Association for Public Interest Law (NAPIL) is an organization that was created in 1986 by law students from all over the United States. These individuals shared the realization that, due to a number of institutional factors, a legal career in the public interest is out of reach for many of today's law students and graduates. Faced with high educational debts, inadequate placement resources, and funding cutbacks for the public sector, even the most committed are finding it difficult to act on their ideals. NAPIL is actively working to remove the barriers confronting students and lawyers interested in pursuing public interest careers and to promote projects serving the underrepresented. BPILP (the Buffalo Public Interest Law Program) is a founding member of NAPIL. What began as a 12-school effort two years ago has expanded to a NAPIL board of directors that now consists of representatives from over 25 law schools. Currently, NAPIL represents a diverse law school population: students from the University of Hawaii, University of Chicago, Harvard, Boston University, Georgetown, University of San Diego, University of Wisconsin and U.C.-Davis, to name a few. As ÜB's representative on the NAPIL board of directors, I had the pleasure of attending the NAPIL national conference in Washington, DC the weekend of October 21-23. The conference offered a combination of practical workshops and events designed to help students find jobs and to instruct student activists on how to organize around specific issues concerning public interest law: loan assistance campaigns, effective fundraising, advocating for public interest placement resources, etc. came away from these work- shops better equipped to advocate matters involving loan assistance, with many new placement resources (manuals, guidebooks, etc.), and was generally inspired by the organizing activities happening on the many other NAPIL law school campuses. BPILP has since reinvigorated our loan assistance committee withthe assistance of folks from NAPIL. This is a project you'll be hearing a lot more about next semester. The most important function of the conference, however, was that it afforded student activists the opportunity to get together and discuss similar concerns and experiences. There was a real feeling of solidarity among the 200 representatives who attended. NAPIL brought together a wonderful assortment of speakers: attorneys, professors and activists who shared their real-world experiFor instance, a panel titled "Prejudice In The Profession" was held at which Adjoa Aiyetoro from the National Conference of Black Lawyers and Nan Feyler from CUNY discussed prejudice against gays and minorities from both an institutional and personal perspective. These speakers really reached across the line of academic discussion to relay personal experiences that were at the same time humorous and touching. There was a real human element to their presentations. (continued onpage 9) Need Briefs, Memos, Seminar Papers Typed? 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W / and sensibly paced. 1 I Hlk/VPIAN-SMH L; ■ |TTB STANLEY H. ■ ■ _J 26\ ° 1 TortsU___ e2ol D oS°Be|& (800) KAP-PEST (800)343-9188 . .J) \~~~~~ d uPo IBAR REVIEW SERVICES I 1 1 8\ 'Vec°u^e I j U -— ————— MKAPLAN-SMH I ?7 rTTB STANLEY H. CW \ —T 6| AssoC m Ibar review services ■ STANLEY H. KAPLAN ED. CTR. LTD. BUFFALO AREA 1330 Niagara Falls Boulevard Tonawanda, New York 14150-8917 (716) 837-8022 December 7, 1988 The Opinion 7 �OPINION OIST MATI lINIVERSITY OF NEW YORK AT Rl ThALO SCHOOL OJ- LAW Volume 29, No. 8 December 7, 1988 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Staff: Lenny B. Cooper, Eric Katz Contributors: Ted Baecher, Jeffrey M. Blum, Bruce Brown, Martin Coleman, Karen Comstock, Dennis Fordham, Barb Gardner, Michael Gurwitz, Gail Hallerdin, Emmanuel C. Nneji, David Smith i Copyright 1988. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Words and Graphics, Inc. EDITORIAL The Student Bar Association (SBA) has sought to hamper the operation and policy of a free and independent press by forcing The Opinion to publish articles earmarked for compliance with SBA By-Law 13. This by-law of the SBA Constitution stipulates that all SBA funded law student organizations must write an article about their respective organization and the activities they provided to the law school community. Compliance with this provision must be made by the law student organizations in the Fall and Spring semester. Failure to comply may be used by SBA to deny funding during budget hearings. Although SBA By-Law 13 is vague on the issue of publication of these articles for it does not clearly mandate that The Opinion publish these articles, the official interpretation by the SBA President, Kimi Lynn King, is that The Opinion must publish these articles. It is the belief of the Editorial Board of The Opinion that SBA By-Law 13 hinders the operation, production and layout of The Opinion. To force, coerce or threaten a newspaper to publish any material is a grave exercise of authority that will not pass constitutional muster. The Opinion has the independence to investigate and cover all issues involving the law school administration and the SBA. The freedom to do so ensures the continuance of a free and independent press. Furthermore, no government, student or otherwise, has the right to force any printed material to appear. This is not the first time that the SBA has attempted to dictate to the The Opinion what its "obligations" are. In 1975, the SBA sought to create an atmosphere of intimidation by forming a committee to investigate The Opinion's editorial policy. The end result of this action resulted in The Opinion's budget being tabled and reduced during budget hearings. Today, thirteen years since the investigation, the SBA continues to use the budgetary process as a means of hindering the operations of a free and independent student run press. Relations between the SBA and The Opinion so far has demonstrated the possibility that the events of 1975 will be repeated. This semester the SBA attempted to censor The Opinion's coverage of a pending lawsuit against the SBA by two former UB Law students. The net effect of the strained relations between the SBA and The Opinion, so far, has been a loss of over one thousand ($1000.00) dollars in eventual savings to defray the costs of purchasing badly needed capital equipment essential to the production of The Opinion. Furthermore, the SBA has hampered the administrative function of The Opinion by delaying purchases of needed office supplies and services. Clearly, the SBA once again, as it did in past years, will have to address itself to the delicate issue offreedom of the press. 8 The Opinion December 7, 1988 THEOPINMAILBOX Ewing Comments on JAG Event To The Editor: As chair of the Law School Committee on Military Recruitment, I wish to commend Jim Hayden and other students in the Federalist Society for their responsible and sensitive management of the Mock Courtmartial presentation by the Judge Adovcates Corps (JAG). As you know, early in October the Law School Faculty approved a resolution prohibiting use of Law School facilities by employers who discriminate on the basis of sexual orientation. Because JAG is such an employer, it has been barred from recruiting at the Law School. Since that time the Federalist Society agreed to sponsor a presentation by JAG officers of a mock court-martial proceeding at the Law School followed by a reception. A JAG official assured Jim Hayden that there would be no recruitment activity at this event. When the event was publicized, many students asked me whether the presentation would violate the resolution. I personally thought it might, in part because I believed that JAG intended to recruit one way or another. On the other hand, Mr. Hayden and other Federalist Society members believed the court-martial presentation to be a bona fide educa- tional enterprise within the umbrella of academic freedom and inquiry. The issue became volatile on the day the JAG events were to take place. After receiving a sharply worded letter from the President of the Student Bar Association, Federalist Society leaders met with Dean Filvaroff, Dean Albert and myself to dicuss student complaints and the SBA's position that the planned events would violate the rule against recruiting by the discriminatory employers. The meeting occurred just hours before the scheduled event. After hearing my own views and the Federalist Society position. Dean Filvaroff indicated that, if necessary, he would decide the issue before the scheduled events were to begin at 5:00 p.m. Dean Filvaroff observed, however, that it would be unfortunate for such a decision to be made on such short notice, especially given the potentiallyh divisive consequences of a ruling eitherway. Ultimately, the situation was defused and brought to a noncontentious conclusion by the thoughtful graciousness of Jim Hayden, Federalist Society President, and his fellow officers. Mr. Hayden and colleagues agreed to move the planned events from O'Brian Hall to another building on campus. In taking this action, Mr. Hayden made it clear that he believed that important First Amendment values concerning speech and study were at stake and that the planned presentations would not violate either the spirit or the letter of the Law School anti-discrimination rules. I feel that he and his fellow Federalist officers are to be commended for this decision and for the good faith, judgment, and integrity they showed throughout this difficult and volatile situation. Indeed, there was a coup de grace. Once the program was about to start in its new location, Mr. Hayden was informed by JAG officials that, despite one officer's earlier assurance to the contrary, they did intend to engage in recruitment efforts. Upon learning this, Mr. Hayden emphatically withdrew the sponsorship of the Federalist Society and left the premises before the presentation occurred. I do hope that the JAG officers learned a lesson about responsibility, honesty and integrity from Jim Hayden. Sincerely, Charles Patrick Ewing Professor of Law Cooper Critiques King's Column Dear Editor, After reading Kimi King's review of the movie "The Accused" in the October 26th issue of The Opinion, I recently saw the movie for myself. I walked away from the movie with quite a different perception of it than did Ms. King. Ms. King's main attack on the movie centers on her preception of the film's rape scene in a "voyeuristic" manner. Ms. King seems to be irked by the graphic depiction of the rape and offers that the movie could have been just as effective if the camera had focused on the silent onlookers instead of the victim. This contention is incorrect, and Ms. King's own words belie the validity of such a statement. Ms. King correctly points out that "as law students and lawyers, we often tend to gloss over the brutality and violation of rape." I agree. I believe that rape exists in a category of crimes which are so horrifying that non-victims tend to distance themselves from its true nature rather than confront it head on. But "The Accused" doesn't allow us that luxury. "The Accused" takes us right into the rape. My feelings after seeing that scene mirrored Ms. King's own words: the scene "will make you squeamish, it will make you uncomfortable, and it will make you angry." It did. The movie succeeds on this level: you are repulsed by the crime. But Ms. King goes on to jump on the trendy bandwagon of labeling media depictions of any rape exploitative glorifications of graphic violence. This is exactly what is not happening. The rape scene was not designed to titillate. And it doesn't. Its purpose in the movie is not to arouse sexual appetite; it is to arouse disgust and anger. Ms. King goes on to charge the movie with implying that the victim's promiscuity brought the crime on herself: another common misconception which surrounds the crime of rape. But once again I feel compelled to come to the movie's aid. What Ms. King is implying is exactly what is not happening in this movie. Yes, the movie paints the victim as a promiscuous person but I would submit that it doesn't go far enough. — The movie also portrays the victim as a heroic individual willing to go against all odds and humiliation to stand up for her rights. A simplistic view might be that through this act of moral fortitude she is exculpating herself of all blame. But this was not necessary at all, as there is no blame to exculpate. Nothing that the victim did could put her in a state which made her deserving of what (continued on page 10) Anti-Semitism Ignored Dear Editor: I am writing in response to a letter written in your last issue condemning racial violence in our local community. I wholeheartedly agree with the stance this letter takes. However, I feel that it is important to discuss other types of prejudice that many individuals, law students included, ignore on a day today basis. In fact, some of the same students who wrote the aforementioned letter ignored a certain incident which occurred only a few weeks ago. I was at a party in Ellicottville when a very obnoxious man made clearly anti-semitic comments to me. Though the details are not really relevant here, the incident almost rose to the level of a physical confrontation. Although I was obviously frustrated and upset over this situation, I was told by other law students my "peers" to "laugh it off," that "those guys aren't worth your time." I felt isolated and sensed a complete lack of support, though these people were probably looking out for my best interests and just wanted me to have fun at the party. Only when the man began making sexist comments did the women law students at the — — party support me; we responded by humiliating this man and running him out of the party. Perhaps it is because I am from New York City, more of a "melting pot" type of environment, that I have never experienced such a disgusting display of ignorance directed at my faith. Or perhaps it is because Jews are not immediately discernible as Jews and are easily physically assimilated into the "majority," that I have never really been the object of such prejudice. But what bothers me most is the sense that people stand up for certain causes and not others, whatever their reasons may be, when all of these causes fit into the same fight against ignorance and prejudice. The point is that these small incidents aggregate. The forementioned letterstated that "it is important to condemn such events when they occur." I agree. We must condemn all of these events even the ones that don't seem to be worth it. For that is the only way we can truly destroy the prejudice that still pervades our society. Sincerely, Ellen A. Burach — �Will History Speakly Kindly of The Reagan Revolution? by Andrew Culbertson During the recent presidential campaign, the focus of American politics took a dramatic shift. For the first time in eight years, Ronald Reagan was not a major player within the national political spotlight. Indeed, Reagan appeared to be the odd man out, one who was counting the days until he had to relinquish the office that he had held, and in many ways redefined, for the better part of a decade. When political historians attemptto put the Reagan Administration into historical perspective, they may find themselves torn trying to distinguish between Reagan the man, and the Reagan Administration. Arguably, Reagan the man has been one of the most impenetrable, as well as charismatic presidents of this century. Translated, nothing has seemed to tarnish his image. For example, although Reagan's policies have often proved contradictory, he has, for the most part, escaped the criticism that would have been heaped upon other presidents. Shortly after his election in 1980, Reagan was seriously wounded by a handgun that most rational people would argue was obtained much too easily. To this day, Reagan remains a staunch supporter of the NRA, and has done little to effectuate any type of ban on handguns. At times he has spoken out vehemently against the Soviet Union's oppression of human rights, while simultaneously vetoing the Civil Rights Restoration Act. Although his wife is the driving force behind the "Just Say No" anti-drug canrv paign, Reagan has openly supported President Noriega of Panama, a notorious drug dealer. During the terrorist hijacking in 1985, Reagan made it clear, in no uncertain terms, that this country would not bargain with terrorists. In the wake of the Iran-Contra hearings, in which it was disclosed that weapons had been secretly traded for hostages, this statement lost most of its validity. Finally, the capitalist vs. communist equals good vs. evil mentality, the foundation upon which Reagan attempted to restore America's patriotism, has been dramatically tempered by NAPIL one common theme emerged: these folks love their jobs. Whether they're fighting for legislation to improve working conditions for laborers, trying to curb drug testing or clean up toxic waste, these activists are excited to get up in the morning because they not only enjoy their work, they believe that social change is the only work worth doing. By far, the highlight of the three day conference was the keynote speaker, Arthur Kinoy. Kinoy is a founding member of the Center for Constitutional Rights and the National Lawyer's Guild, and author of the book Rights on Trial, in which he describes his career as one of the foremost "people's lawyers" of our time. He has had a hand in scores of civil rights cases over the past three decades. He has represented "freedom riders" and other civil rights ac- the Administration's recent willingness to negotiate with the "evil empire." Perhaps it's not fair to point to these contradictions. After all, during an eight year presidency, certain policies are bound to change. Also, most Americans would agree thatthe recent advances with the Soviet Union are a good thing, and that the arms for hostages situation may have been well-intentioned. Nevertheless, these multiple contradictions are disturbing because they signify, and have signified, an inconsistent attitude within the Administration. If Reagan has survived the contradictions, he has also shown an uncanny ability to steer clear of the numerous scandals and upheavals that have occurred during his term in office. The average length of service for a Reagan Cabinet member has been slightly longer than the average time expectancy for the New York Yankees' managerial position. While many of the cabinet members and advisors have left on good terms, it's hard to forget the Donald Regans, Edwin Meeses, and James Watts, who were all forced from their positions for one reason or another. In addition to the numerous personnel changes, Reagan has also managed to survive the aforementioned Iran-Contra Affair as well as a major defense spending scandal. Reagan's ability to dodge bullets, a quality that has puzzled many Reagan critics, can be attributed to several factors. Helen Thomas, "dean" of the White House press corps, recently stated that Reagan is basically a delegator. "He doesn't worry himself over momentous decisions, basically delegating the tough questions to his staff," she stated. In essence, this practice has paid off handsomely for Reagan. As Professor Charles Jones points out in his book, "The Reagan Legacy," the public "observes a tendency to blame others for not serving the President well when things go wrong." In other words, when there is a screw up, it's the advisors, not Reagan, who are deemed to have screwed up. However, when things go well, Reagan, not the advisors, is the . from page 6 tivists during the 60s and he (along with a lot of help from his law students and Rutgers University) also represented Adam Clayton Powell when Gerald Ford and others were attempting to kick him out of Congress on fabricated charges. Kinoy was one of the lawyers who represented the "Chicago 7" in that famous trial after the 1968 Democratic Convention. As a speaker, Kinoy is among the best I've ever heard. He tells his stories in such a way that you feel like you're there with him, helping him in the struggle. He talked of rushing from hot spot to hot spot during the height of the civil rights struggle in the South, trying to stay one step ahead of the white racists who were beating up activists and throwing them in jail, in an attempt to bankrupt and exhaust the movement. He ap- the president into a less accountable figure, it's unlikely that his successor will enjoy the same luxury. George Bush is many things, but at least personality wise, he certainly isn't Ronald Reagan. Although Reagan may have re-defined the office for himself, the public will undoubtedly expect more from future presidents. president. While Carter, obviously more of an intellect than Reagan, accepted much more responsibility (which may have one whoreceives credit. A good example of this illogic is seen by looking at the Iran-Contra affair and the recent agreements made with the Soviet Union. The Iran-Contra Affair, perhaps the low point of Reagan's two terms in office, was blamed or. the advisors, while Reagan received most of the credit forthe recent accords with the Soviets. What does this all add up to? Although the logic behind it is a bit strange, it makes perfect sense. Since Reagan is viewed as incompetent in certain areas, the public is more understanding when he makes a mistake. To see the truth behind this statement, one need only compare Reagan with Jimmy Carter. Although they were very different presidents, each one had his shareof ups and downs. However, when Carter left office, he was regarded, at least by many Americans, as a failure. While Reagan has had his share of detractors, he will leave office on much better terms with the American people (unlike Carter of course, Reagan wasn't voted out of of- been his biggest problem), Reagan, as was noted earlier, is a delegator. To the extent that the public knew Carter was largely responsible for his Administration's policies, it was quick to attack him when things went wrong. Along these same line, the public obviously understands that Regan has much less to do with the actual policies handed down by his Administration, and isn't as quick to hold him personally responsible when something goes wrong. The public, for the most part, views Reagan as a nice old man, more of a figurehead than an actual politician. To his credit, he has proven that the president doesn't have to be an intellectual, a scholar, or even smart to "run" the country. Let's face it, here's a guv who needs at least two day preparation to hold a press conference. To suggest that he has a clear understanding of what's going on seems almost foolish at this point. While a combination of charm, charisma, and inability have enabled Reagan to make fice). The key difference between these two individuals is the amount of responsibility each one took while he served as Alas, it's time to say goodbye to an era that gave us "nice" things like the Cosby Show, Hulk Hogan, and, first and foremost, Ronald Reagan. After a decade in which this country suffered through the resignation of. a president and vicepresident, Gerald Ford, doubledigit interest and inflation, and two energy crises, Reagan's idealism may have been a welcomed change. Unfortunately, many Americans would agree that all we've really done is taken an eight year hiatus from addressing such issues as the national debt, mounting social problems, and a "house of card" economy that has grown more and more dependent on foreign imports. Well, goodbye Ron, and good luck Mr. Bush. When all is said and done, you're certainly going to need it. P.A.D. To Initiate New Members Today, December 7th, the Alden Chapter of Phi Alpha Delta Law Fraternity International will initiate its new members from SUNY Buffalo Law School. The event will take place at the Amherst Town Court at 7:00 p.m. in Judge Robinson's courtroom. helpful suggestions on a numberof issues, such as study and exam preparation, problems of burn-out and motivation, job selection and interviewing, summer clerkships, and transition problems from student to professional life. The Alden Chapter of Phi Alpha Delta, or P.A.D. as it is commonly known, has been in There are numerous benefits in obtaining membership in P.A.D. There are over 168P.A.D. chapters throughout the United States, Canada, PuertoRico and Mexico. Our alumni reside in 50 different countries, and we have alumni chapters in 86 metropolitan areas throughout North America. the process of revitalizing this semester. To date, the organization has shown a video tape entitled "Law School: Make It A Positive Experience, How to Avoid First Year Trauma and Come Out Smiling." The video tape is part of a joint venture undertaken between and the P.A.D. Josephson Institute for the Advancement of Ethics to improve the ethics of the legal profession. An important outcome of this venture has been the publication of The Good Lawyer. This #Y» r-» . vfc V\ (home). C<V . I -T.sr I WHfIT ~TRf)D\TIQNfiL x /-. Two hou* cujseo V CHNTIIIMN6 ess*/ QUESTIONS 1 7-£a/ &\J F F/U.O fAO OE L 7\\+, P'*»* ffi-t , ee \\\a£>\ \sl,.+ 3+-+." r \i T I BUFFALO uihe* we „ /-*, b^ J jwiSp-udtnce yi t[]L_y *!«*«*..» fx/)ff) X *»** su6**sr>o*>? make TRf{O\TIONAL VS. xx n x*-rCS>I l+'s i:ta P/?0 TONtZHT f W/U WOuip YEAK f\v3M I"— mK.H**T, tS TTrver A t*CT THAT oH<* A Fool TffOAlE \ /oo\ The only law group of any kind larger than P.A.D. is the American Bar Association. In Fact, almost one out of every six American lawyers is a P.A.D. member. There are many tangible benefits to being a P.A.D. settings. For next semester, the Alden Chapter (Buffalo) of P.A.D. will be hosting informal sessions whereby members will have the opportunity to meet practitioners in various fields of law as well as social events. Anyone interested in becoming a P.A.D. member can contact District Justice Dave Wilson at (716) 873-9393 or Daniel Ibarrondo at (716) 636-2147 (school) or (716) 836-2358 THIS WEEK : F/KST ; TRADITIONAL CLASS VS. S\J> m member, such as student loans, job placement and preparation, and Alumni contacts just to name a few. The "P.A.D. Network" of attorneys enables students to meet leaders of the Bench and Bar throughout the nation. P.A.D.'s professional and social programs help students to improve grades, survive "the grind" of law school and learn about the practical side of law by working with judges and practitioners in non-classroom publication, which was distributed to students at UB Law early in the semester, provides . / »-c VS. a) L- a s I) »p«h boo AT /-6«^7/ boo*, i v,.co>r rV)»r X ie9 *i Buffalo °:l^V«. v^- *' &AT Mi t.fa _ s-ro<J>s?" JT~ 09 1) -W^ (continued on page 14) December 7, 1988 The Opinion 9 �Equality and The Supreme Court needed to be corrected, and interpreted the Bill of Rights to only that issue; address whereas the framers intended the amendments to correct the problem, but without limiting its scope or availability to the group immediately confronted with the problem. This reasoning does not necessarily, or adequately, repudiate the Court's decision or rendei the rationale defective. It points to the subjective (moral and emotional) environment which germinated the Bill of Rights. The justices were moral and emotional elements of the individual subjectivities and values (the smaller picture) culminating in the collective opinion (the larger picture) which created a conducive atmosphere for the acceptance and passage of the Bill of Rights. Several other cases appeared before the Supreme Court seeking invalidation of federal/state laws for the violation of the Bill of Rights. In Korematsu v. United States, U.S. 214 (1944) the federal government enforced a civilian exclusion order directing that after May 9, 1942, all persons of Japanese ancestry be excluded from the area of San Leandro, California. The government feared that some of the Japanese persons in the area maintained allegiance to Japan and, having refused to vouch their unadulterated allegiance to the United States, it was imperative upon the government to effect measures designed to prevent internal ambush. The Court's analysis applied a "strict scrutiny" standard, thereby reiterating the absence possessed of racially determined limitation on the scope of the Equal Protection Clause. In the eyes of the Court, the war emergency satisfied the government's burden of showing compelling interest to justify the racially restrictive classification employed in the regulation. The Court invoked support in Hirabayashi v. United States, 320 U.S. 81 (1943) to exonerate the regulation; but, had the World War II emergency not existed, the regulation most likely would have been struck down. In another case, Hernandez v. Texas. 347 U.S. 475 (1953), the Court did not hesitate to find that the criminal defendant, a Mexican, enjoyed the full protection of the Equal Protection Clause. Hernandez' conviction was overturned because of Texas' systematic exclusion of Mexicans from service as jury commissioners, grand jurors, petit jurors, etc., even though there were Mexicans fully qualified to serve in such positions. If any pattern of interpretation of the Equal Protection Clause is apparent, it is plainly not that it protects any particular racial group. Rather, the pattern is that "strict scrutiny" analysis applies where the government imposes detrimental classification upon an identifiable group based on the group's race. There also seems to be a pattern of mainstream rejection or oppression of such group; or the group is at least vulnerable or susceptible to the whims and caprices of the politically and economically enfranchised. Furthermore, a factual pattern that emerges from these from page 5 I cases is that only non-whites were exposed to the calamities generated by the spurts of racial classification; thus the court's perennial difficulty in Equal Protection viewing claims by whites and nonwhites as fundamentally similar. However, the dialogue engendered by Regents of the Univ. ofCal. v. Bakke, 438 U.S. 265 (1978) and the outcome of the case have intensified the trend toward a liberalized construction of Equal Protection. Thus, the recent ideological shift in the Supreme Court threatens to enhance the essence of the Bakke claim and destabilize the thrust of civil rights and affirmative action programs. The "New Court" will ultimately resuscitate and accentuate Bakke's unsettled disputes, and find ways to redefine the established affirmative action agenda. The opposing ends of the spectrum appear to see the problem as one of "us against them." All those who are conscious of American race history are aware that there was a time when a man or woman, irrespective of qualification, was denied a job or other opportunity for no other reason than race. The traces of such practice have not faded into the distant past, and in fact such practice is presently real in some segments of America. The advent of affirmative action and other government regulations have monitored the incidence of such racial denials. It has created an environment in which those formerly oppressed can acquire the training and experience necessary to compete in the pursuit of comfort and happiness under no pain of racial constraints. It is debated that affirmative action does impose discrimination upon persons who played no part in cultivating the seeds of racial inequality. Some say that one ought not be penalized for what one did not do. Others argue that it is only fair that one who benefits from racially discriminatory practices to the detriment of another ought not complain for being slightly or temporarily exposed to similar detriment that is at worst a partial or negligible equivalent of that experienced by the other. Yet others feel that adverse experiences resulting from affirmative action programs are not comparable to the injustices of slavery and racial discrimination. Many generally agree to this, but feel that the country ought to chart a new frontier in matters of Equal Protection. The other extreme asserts that there is nothing improper where the law is used to correct inequalities originally created and nourished by law. Whose position is more tenable to you? Are all these positions genuine? Some fear that the Supreme Court will eventually tell us. It has also been argued that a major fault of the affirmative action practice is that it imposes a psychological hurdle for those who possess the bona fide qualifications necessaryfor their employment status. In other words, affirmative action automatically relegates otherwise qualified persons, who belong to the beneficiary group, to a lower level of expectation and achievement until they prove merit. Their capacity to perform is not perceptively evident because of the prejudicial presumption that they got where they are not on merits. Advocates of the program maintain that this alleged psychological hurdle needs not overshadow the benefit of the program to the less qualified. It is simply a means employed to remedy the future effects of past discriminatory practices. It is not intended for those who have surmounted the obstacle of racial inequality; rather it seeks to help others overcome such problems. Moreover, the fact of this psychological hurdle, which is unsubstantiated and merely a function of prejudicial social perception, is indicative of a larger racial problem. It is (continued on page 14) The Opinion Mailbox was done to her. A truly brave stand by the movie would have portrayed the victim with no such redeeming values and still make the point that a terrible crime has been done. But for the measure of bad character the film imbues on the victim, there is no way to construe that she was at fault here. trow page 8 "The Accused" offers a horrifying look at the crime of rape something which has not been done often in a society where we often deny the very things which frighten us the most. I applaud the creators of the movie for their daring work. — Without Pieper, You Could Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's what you'll get at THE PIEPER BAR REVIEW. It provides a complete lecture series, essay writing, multistate practice exams, books and a seminar for the MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. ({CI PIEPER NEW YORK -T MULTI STATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, N.Y. 11501 (516) 747-4311 10 The Opinion December 7, 1988 Sincerely, L. Cooper �TACHORESNATION Law School News Brief Cleveland Marshall - John J. Gill, former counsel for convicted Nazi concentration camp guard John Demjanjuk, recently spoke at Cleveland State University about his experiences with the Israeli justice system. Gill maintained that "in orderto prevail in Israel, we had to prove him innocent, a level of proof beyond a reasonable doubt would not be accept- able." Gill went on to state that evidence for the prosecution was easier to admit than evidence for the defense and that similar double standards were used in evaluating witness testimony. (The' — Gavel—Cleveland Marshall College of Law, Vol. 37, Issue 3, Nov. 1988, pg. 8) Hastings On September 9, the Dean of Hastings Law School requested that the Hastings Board of Directors furnish figures on the number of non-minorities who gained admission through the school's Legal Education Opportunity Program (LEOP). Of the current first year class of 120 students, thirty were nonminority, a serious concern in the wake of the controversy over the admissions program that J. Danforth Quayle used to get into law school. Vice President of the Association of Students at Hastings (ASH) Kyle Fischer, an LEOP participant, agreed that non-minority students can have disadvantages that merit special attention but did not feel that affirmative action programs were the proper vehicle for such attention. (Hastings Law News, Vol. 22, #2, Oct. 20, 1988, pg. 1) a reception for students of European descent sponsored by the "European-American affairs in conjunction with the White Allied Law Students Association." (The Commentator, Vol. 23, No. 6, Nov. 10, 1988, pg-3) Student leaders at the University of Miami School of Law are currently attempting to establish a loan forgiveness program for those law graduates who decide to enter the arena of public interest law. While organizations such as the National Health Services Corporation and the National Direct Student Loan Program assist medical school graduates and graduates that teach, such Clerkships Abroad Offered The University of San Diego Law School will offer clinical placements in Dublin, London, Mexico City, and Paristhissummer. In Paris and London, second-year students may work in law firms and corporate counsel's offices specializing in EEC law, international financial law, and international business law in general. There are a few opportunities with international organizations in Paris. Most of the placements last six weeks and carry academic credit. The student's work depends on the legal problems available in the office assigned. Students can expect to do research and draft contracts, opinion letters, and memos. They may participate in client interviews, negotiating sessions, and firm strategy planning meetings. Internships in Mexico and Dublin focus more broadly on a variety of legal matters. London internships with barristers cover a full range of English trial work. These internships are available to first year students. Six summer programs are offered by USD. They are Dublin on international human rights, London on international business, Mexico on law of the Americas, Oxford on non-business Anglo- American comparative law, Paris on international and comparative law generally, and Russia-Poland on east-west trade and socialist law. For further information, write Mrs. Sue Coursey, USD Law School, Alcala Park, San Diego CA 92110. de ntario HOasglo,O The Faculty Council passed a resolution reaffirming Osgoode's committment to the ideals expressed in the Ontario Human Rights Code. The resolution states, besides the traditional anti-discrimination programs are not offered en masse to law graduates in public interest practice. The National Association for Public Interest Law (NAPIL) currently advocates programs (similar to the ones established at NYU, Harvard, and the University of Michigan) at over 20 various law schools across the nation. (Res Ipsa Loquitur —University of Miami School of Law, Vol.B, #5, Oct: 28,1988, pg.l) Harvard University of San Diego New York University A flyer announcing the Women of Color and the Law Symposium, posted on the BALSA bulletin board, was deperpetrator(s) The faced. scratched out the title and date of the successful event and replaced it with an invitation for University of Miami clause, that in order to promote freedom from discrimination, teaching materials expressing discriminatory views be explained and discussed. (Obiter Dicta, Vol. LXI, No. 9, October 31, 1988, pg. 1) The Dean of Harvard Law School has responded to a threatening note left in a female IL's mailbox by vowing to discipline its writer severely. The note, apparently a response to a notice about a pro-choice rally that the 1L published in her section newsletter, read as follows: "I'm sick of your ProAbortion Crap," "I'm going to beat the living crap out of you," and "I'm going to fuck you up." (Harvard Law Record, Vol. 87, #7, Nov. 18, 1988, pg. 1) Albany Martin H. Belsky, President and Dean of Albany Law School, has issued a statement outlining the school's policy concerning solicitation by bar review courses and other commercial enterprises on campus. Although the policy sets designated areas for flyers and tables, it states as a condition for soliciting that solicitation for bar review courses is proited forfirst year students. Any contracts for bar review courses made by first year students is automatically void. (The Issue, Vol. 18, No. 7, Nov. 17, 1988, pg. 13) \&lhy Worry? This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to switch programs. BAR BRI refuses to play this game. We believe that students are mature enough to enroll in a course If they believe they made a mistake, they are mature enough to change courses. If a student signs up with BAR BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. We will not undermine students' confidence in their course by playing on their insecurities. After all, we're attorneys. And we intend to help you become attorneys, too. / M (212) 594 3696 "Where professional responsibility is more than just a course."™ December 7, 1988 The Opinion 11 �Marijuana Survey Analyzed The most striking results from last spring's survey about marijuana use and attitudes at the law school concern the extent of use by UB law students, their favorable attitudes toward decriminalization and their reluctance to express themselves in ways by which they can be personally identified. At the lime of the survey the Anti-Drug Abuse Amendments Act of 1988 had not yet caught the public eye so it was not a factor in people's thinking. Students were overwhelmingly opposed to criminalizing the use of pot, since 86% favored either outright legalization or decriminalization. narrow A majority favored legalization. by Daniel Ibarrondo Cruz - Ed itor-in Chief Reasons for these responses can be found in students' experience and awareness of the actual health effects of pot. Thirty-eight percent of UB law currently students use marijuana, and over threefourths have smoked it at some point in their lives. Although a majority of students felt regular use of pot would have significant harmful health effects, 70% of those responding said it was not more harmful than alcohol. Virtually all those who answered correctly identified pot as being less addictive than alcohol or tobacco. A narrow majority of respondents felt that current regular users of marijuana should not be disqualified from holding public office. Over threefourths said current users should not be denied admission to the bar. Students were virtually unanimous in stating that past use should not disqualify persons from holding public office. When asked whether they would sign a petition to legalize marijuana if they favored legalization a majority stated they would not. However, upon closer inspection it was discovered that a majority of "no" respondents did not actually favor legalization, but only decriminalization. Nevertheless, a significant number of students expressed fear of retribution and blacklisting if their names appeared on a petition. Garrow Lectures Shrewdly, King allied his movement with white businessmen, who for reasons of self-interest understood the benefits of desegration. King's command of the Civil Rights movement sanctioned a mutually necessary alliance of white business with Black Civil Rights advocates. Dr. Garrow finds continued meaning in the alliance of mutual self-interest between disenfranchised blacks and white urban businessmen. "America," Garrow says, "will grow uncomfortable even for the most secure as the racial Survey Results The following are the results of a marijuana legalization survey that was conducted at SUNY Buffalo Law School in the Spring 1988 Semester. The survey, conducted in order to obtain the gttitudes of law students towards marijuana, was in response to the rejection of Douglas H. Ginsburg's nomination to the Supreme Court because of past marijuana use. There were a total of 235 respondents. 1. Do from page 6 economic disparity becomes a greater problem." "Progress," Garrow predicts, "will be an uphill struggle in Conservative America best waged across the country in the manner practiced by King local coalitions of black and white unified by mutual necessity." Again the active struggle for reform of economic hardship is one demanding the energies of committed ordinary citizens, and not the skill of elite NAACP lawyers. This will become increasingly clear with the onset of a more conservative Supreme Court. — 2. 3. 4. 5. believe that marijuana use is increasing, decreasing or remaining the same? Increasing, 16; Decreasing, 91; Same, 73; Don't Know, 53. Do you believe that regular moderate marijuana use is significantly harmful to the physical health and psychological well)being of users? Yes, 146; No, 81. Do you believe that marijuana is more harmful than alcohol? Yes, 63; No, 149. Which do you believe is more addictive? Marijuana, 14; Tobacco, -138; Alcohol, 49. Do you believe that a person who admits having used marijuana in the past should be disqualified on minorities. What is to be done? In theory one couldcounsel complete abstinence from all controlled substances. While I would have no trouble doing this for the drugs that are truly addictive or significantly dangerous, the inclusion of marijuana gives me pause. I honestly believe that for some significant number of creatively-oriented students such advice would be anti-educational in its effects, particularly if these students were to then substitute the more intellectually deadening substance of alcohol for pot. More to the point, however, advice to abstain completely would probably not be followed by many users in any event. People respond more to the immediate situation than to the possibility of an eventual fine. In its actual context the choice of whether to smoke pot will likely appear as one of existential self-definition: do I want to experience closeness with these people who are offering it to me through shared disobedience of a hated law? Shall I join in doing this thing that I find enjoyable? Am I a fearful person or one who is bold? Most people would likely continue to smoke pot and simply risk the long-term consequences, which is exactly what happened when the very harsh drug Rockefeller laws threatened New York's youth with prison for possessing a joint. Ideally the Anti-Drug Abuse Amendments Act of 1988 will be struck down as unconstitutional. Certainly there is much in it that offends the spirit of our Constitution. But the record of higher courts in defending constitutional values against the excesses of the "war on drugs" has not been encouraging to date. Hysteria, even that which is induced and manipulated from above, tends to 12 7. 8. you Smoking License generally white, and, although not avowedly racist, have typically exercised their discretion in ways that impact adversely 6. 9. from holding publicoffice? Yes, 14; No, 217. Do you believe that a person who admits currently using marijuana with some regularity should be disqualified from holding public office? Yes, 103; No, 114. Do you think a person who currently uses marijuana should be denied admission to the bar? Yes, 52; No, 177. Do you currently use marijuana? Not at all, 145; Only occasionally, 61; More than twice a week, 26. How many times in your you life have used marijuana? 1-10, 50; 10-30, 29; 30-50, 15; 50-100, 13; Over 100, 77. 10. Do you think the use of marijuana should be made legal or not? Should be made legal but regulated like alcohol, 111; Should be illegal but decriminalized in all states, as it is in New York, 80; Should be madecriminal in all states, 30. 11. If you support the legalization of marijuana, would you be willing to sign a petition of law professors and students to that effect? Yes, 76; No, 95. from page 4 breed bad law. The battered remnants of our liberal federal judiciary appear to be sandwiched between right-wing appellate judges, many of whom have been handpicked by the Heritage Foundation, and an illusory grassroots consensus in favor of "the war on drugs." Unless significant opposition to the new law's erosion of liberty can be demonstrated in at least some quarters we probably cannot count on the heroics of individual judges to save us from creeping governmental control. There is, however, one curious provision in the new law that may provide a kind of saving grace. Immunity from its civil fines is accorded "if an individual previously was convicted of a Federal or State offense relating to a controlled substance as defined in Section 102 of the Controlled Substances Act" which includes marijuana. In New York we are fortunate that possession of small amounts of pot is a mere civil violation, which gets you a fine more or less equivalent to a fifty dollar speeding ticket. Nevertheless, it is still "a state offense" of which you are "convicted," thereby acquiring a lifelong immunity against the much larger fines of the new law. Persons who wish to do this are best advised to do so before the new law takes effect. After September 1,1989this law purports to add forced community service, confinement to drug treatment programs, and suspension of all federal benefits to your sentence whenever you are convicted of any federal or state offense. While this part of the law is clearly unconstitutional because Congress cannot override the New York legislature in telling New York judges how to sentence under New York law, it would nevertheless be wise to accrue any New York state offense before the aid cut-off takes effect in September or before the New The Opinion December 7, 1988 York legislature gives in to federal pressures to recriminalize marijuana. I am of course aware of the difficulties involved with counseling civil disobedience and at this point would do nothing more than alert people to the possibility and to the fact that something is going seriously wrong in our national government. As a law professor I believe that effective legal means of bringing about change are always preferable to illegal ones. But the first question must be change to what end. Right now two things are needed. First, the Anti-Drug Abuse Amendments Act of 1988 should be declared unconstitutional in toto so that Congress can begin work on a more viable piece of legislation. Although there are ample legal grounds for achieving this result, I suspect it is not likely to come about without some forceful display of resistance to the new law at grassroots levels. Second, marijuana and its derivative hashish should be removed from the federal list of controlled substances so that cities and states can experiment with controlled forms of legalization and/or decriminalization depending on the climate of informed opinion in their localities. Given the realities of safe use, of attitudes toward pot among people under 45, and of pot rapidly becoming the leading cash crop of several states, I suspect this result is destined to be achieved in the not too distant future but perhaps not in time'to prevent major damage to the social fabric of our country. An American people riddled with paid informants and arbitrary exorbitant penalties for recreational drug use is likely to be a bitter, angry, suspicious, and possibly vicious people. This is what must be avoided. The new law proclaims that any liberalization of drug laws at the state or federal level "is a unconscionable surrender in — a war in which, for the future of our country and the lives of our children, there can be no substitute for total victory." As one of the many millions of people who would probably have to be ground down in order for this result to be achieved, I can personally say that I find the prospect horrific. Even people who do not use any illegal drugs and do not advocate legalization should not assume that they will be safe from the terror that could soon follow. There are many possible motives for turning people in money on a per head basis, someone getting his own sentence or fine set aside for turning in others, suspicion that someone may have betrayed a friend, simple revenge for matters unconnected with drugs, e.g., ambitious law students wanting to derail some of their competition for law review, and so forth. The whole situation could very ugly. While individual or small group acts of civil disobedience are worth considering before matters get out of hand, the best tactic is probably coordinated group activity lawfully seeking protection from state governments. In New York this could be done quite efficiently by making some small changes in the existing law. Why not allow violations of the state's possession of marijuana law to occur by stipulation, so that no actual arrest or handling of the substance will be needed? Then have the record of any such stipulated violation sealed so that it will be deemed to exist for one purpose only that of immunity from the $10,000 fine. In return for his or her small fine the violator should receive two pieces of paper, one a record of the sealed violation, and the other a certificate entitling him or her to all the privileges and immunities accruing from the violation. This certificate can then be mailed in and should provide a conclusive defense against any efforts by the — — United States government to levy civil fines. To the extent enrollment in this program is voluntary and done en masse, the administrative and enforcement costs for the state will be negligible. This should allow for a further reduction in the amount of the fine, say to around ten dollars. This might then simply be added to tuition costs or student activities fees, with some provision for students who wanted to opt out of the program and remain vulnerable to the largerfederal fines. Perhaps SASU or some other appropriate body representing the students statewide could negotiate the arrangement with the state legislature and/orthe governor. Since we are blessed in having a state attorney who is a man of high principle, there is hope that he or some other enlightened officials might be of assistance, in getting the necessary amendments passed. While my proposal may appear strange at first, consider the risks we run in doing nothing to reverse current trends. Even those of use who have sympathy for Iranians given their mistreatment by our government should be reluctant to import a domestic variant of the Iranian revolution. Fanaticism, whether of the religious or cultural purification variety, tends to make poor law and breed needless oppression. Given that some currently illegal drugs are pleasurable, relatively harmless and very popular, the goal of a "drug-free America" is not very realistic, at least without the construction of a substantial police state apparatus. I urge that you take the threats seriously and work in the most legal ways possible to preserve your freedom against encroachment. A heavily authoritarian America is likely to be an increasingly deranged America, which is something that in this age of great peril we simply cannot afford. �THNKUKE ALAWYER The Marino Method Listen up. You could learn and memorize every single piece of N.Y. & N.J. law. Every statute, every amendment, every case application. And still not pass the bar exam. allows you to become adept at dealing with the format. With personal attention, critiques and evaluations, you will preidc] LS you ,earn how to develoP pafC yOUF Wn Stud> ' ° l| the kind ofresponses that will gain you critical points on the exam. Even if you don't know the applicable law or M W a test of your ability to solve legal problems by applying the law and its principles. In other words, it's a test ofyour capacity to S Th' s interactive, student-involved approach is backed by Marino Books—the new gold standard of bar review authority and first name in Bar . j| JnpljM WF s J?^? Wk M n C n r nS Ve * First, Joe Marino will guide you At The Method Work. through all the law that's pertiMarino Comprehensive N.Y. and Marino Comprehensive NJ. are nent to the exam. Unlike other the first and only completely self-contained bar review systems, programs that bombard you covering all preparatory aspects of the N.Y. & N.J. Bar Exams, with an avalanche of printed Constructed around The Marino Method, these are the most material, or expect you to thorough and effective programs available today. And with Marino •ehave like a parrot Comprehensive you pay one low price. That's all. vho can take steno; _J >c will distill this There are no add ons, no ancillary or material |_____V law down costs of any kind, no other courses to take, no I � pertinent 'J to its essentials. And other payments to make. So start thinking like a lawyer. Take a look at the various bar review courses how he'll teach you to memorize them with total recall, using easy-to learn available to you. Investigate, evaluate, analyze which have been and for and compare. techniques perfected refined over 40 years. cc y°u in c^ass .» show / Then he'll Marino Bar Review, Inc. 115E. 19thSt, you how to apply this law to actual problems, which are presented in the N Y> N V 100°3 212-420-9800 same way they will appear on the exam. This / 1-800-J-MARINO. ST' 2 °/ ! Wk\ * - - December 7, 1988 The Opinion 13 �NAPIL ImagirationLaw: Buffalo District Court To Hear Immigration Cases This fall two important cases will be heard in Buffalo challenging the constitutionality of section s(b) of the Immigration Fraud Amendment of 1986 ("IMFA") which states that any alien who marries an American citizen during the pendency of deportation proceedings must leave the United States and stay abroad for two years before his citizen spouse may petition for him to return as a legal permanent resident. IMFA was passed by Congress in 1986 in order to protect against marriages of convenience by illegal aliens who quickly arrange marriages to U.S. citizens to gain the right to live in the United States. Kamran Behbahani, who fled Iran in 1982 and arrived in the United States on a tourist visa in January 1986, had filed for political asylum. He married his spouse, whom he had been dating for seven months, on March 1987 and she filed an Immediate Relative Immigrant Visa Petition for her husband. At the time of their marriage, they were not aware that section s(b) of the IMFA compels the alien's departure directly as a result of marriage. Joe Oldman Yogar, a Liberian national, married an American citizen on March 1987. They have a daughter who is eighteen months old. Mrs. Yogar filed an Immediate Relative Immigrant Visa Petition for her husband which was denied citing section s(b) of the IMFA. The immediate relative petitions for these two plaintiffs would be approved by the Immigration and Naturalization Service (INS) if they left the U.S. and resided abroad for two years. Although the government has a legitimate interest in detecting fraudulent marriages, penalizing the perpetrators, and denying immigrant status to aliens who seek to obtain lawful residence on the basis of a sham relationship, section prohibits s(b) any individualized determination of the critical issue, namely, the legitimacy of the marriage, and, solely because of when the marriage occurs, imposes the two year bar irregardless of the effect such exile will have on the marital relationship, on the citizen spouse, or any citizen children. Thus, the timing of the marriages is of crucial importance. Had the plaintiffs married their respective spouses THE PASSWORD: Ml 4 y SyX " Sevenlh Avenue. Suite 62 (212) 594-3696 (201)623-3363 before deportation proceedings had been initiated against them, the two-year bar would not apply and the marriage would be considered as bona fide. The issues plaintiff raises are whether section 5 of the IMFA violates the Due Process Clause by denying the plaintiffs an opportunity to show that their marriage is genuine or by creating an irrebutable presumption that the marriage is fraudulent and whether section 5 deprives the plaintiffs of equal protection of the law by arbitrarily and irrationally distinguishing them from others similarly situated or by singling out a class of otherwise admissable persons to receive harsh penalties unrelated to any criteria for admission. In efforts to keep the above in America, Ms. Elizabeth Buckly, Ms. Ellen Yacknin and Mr. Gerald Seipp are handling the constitutional challenges through the auspices of the Immigration Clinic at the SUNY Buffalo Law School. In federal court papers filed this fall, they argue that the law gives no consideration to bona fide marriages. They contest the governments' right to prejudge all marriages made during deportation hearings as fraudulent and the exclusion of waivers to contest it. The clinic provides low-cost legal aid to indigent immigplaintiffs rants. There have been several constitutional challenges to the IMFA, but none successful. The cases, which have been consolidated, pending before U.S. District Judge John T. Elfvin and U.S. District Judge Richard J. Arcara are the first in Western New York. For the Yogar's, there is an additional appeal of a deportation ruling which will be heard by the Board of Immigration Appeals in Washington, D.C. The cases will be heard this month by U.S. District Judge Richard J. Arcara. ment. Kinoy strongly emphasized the role of law students in the cases he's been involved with over the years. He pointed out that he alone could never have achieved the successes gained; that the strength of the movement came from lawyers, students and activists working together. His closing words to the audience of prospective lawyers was advice that is timeless: "Those of you who aspire to greatness in the profession must immerse yourselves in the agonies of the times." Arthur Kinoy is a living example of greatness in our profession. . Blacks are receiving too many handouts. The welfare programs available are depriving blacks of the opportunity of upward progression. Welfare should be cut entirely after two years, longer given severely extreme circumstances such as eleven kids, one parent, and no job. Terminating welfare at the end of two years would end abuse of the system and would force people to find jobs. Wei14 fare, in many cases, is paying blacks more money than (not meaning to sound redundant) McDonalds or Burger King. The welfare program creates a dependency and laziness to work, along with many other social programs given to blacks. Black on black crime, teenage predrug alcoholism, gnancy, abuse, number running, and depressed housing can all be avoided if the black population would pull together, and stop spending their handouts on such needless things. With Democrats in office or in Congress, blacks will not prosper, but suffer. A Democratic government at the federal and/or local level is a major reason why blacks are in the situation they are today. Many people say education is the answer, and I believe this is true. If we take away all the handouts given to blacks, many especially the young, will place a higher value on education. Many blacks will stop dropping out of school and continuetheir education in order to get what they want out of life, instead of receiving handouts which give them good reason to drop out of school and collect. School teaches people the importance of work, and maybe some will learn the basic aspects to enable them to become entrepreneurs. Teachers should be hailed as the most important people in our country. The low pay that teachers receive, coupled with a lack of enthusiasm on the part of the students, gives teachers every reason to have a low incentive to teach. Keeping people in school due to their inability to abuse the system or receive benefits for a long period of time, will give teachers a higher in- . The Opinion December 7, 1988 centive to teach. Teachers will know that students in school no longer have a choice but to learn. Teachers will also realize that without these handouts, many blacks will be kept off the streets. When I speak of education, I am speaking of getting a high school education, at least forthe meantime. Collegeis expensive, and unless scholarships are provided for black youths, many will go to work unless their parents can provide otherwise. Blacks must come to terms and realize that neither the Republican nor the Democratic party is concerned about the black population as much as they appear to be. If all blacks decided to vote in the election, the government would be sure to change the electoral college in the following election. This in turn would take more urban polling places available in the suburbs, a region were many blacks do not have access to. Many blacks, and whites for that matter, probably question why I decided to print this article. Well, it is for the purpose of black awareness and the need for a mobile progression that educated blacks can take part in helping accomplish. There are too many bourgeois blacks or neo-negros walking around this school and many others in society, forgetting where their roots originated from. If it wasn't for the older generation of blacks whorisked their lives to get where they are today, blacks might not even be in school. Forgetting the heritage of black forefathers will do nothing but create mass genocide within the younger and older black generations. Yes, this is a black problem, and whites who try to under- standwhat I am saying may understand only a fragment of whatblacks are facing, let alone the sad conditions many blacks are living and working in. Slavery, which no other group in this country has experienced, has brainwashed the black culture to the point that negros tend to forget that it ever happened, while whiteAmerica has already forgotten. Blacks have been forced into a position where whatever has to be done for future progression must be done primarily on their own with little help from others. Blacks consistently talk and/or complain abouttheir problems, but in the final analysis, nothing is ever accomplished, at least not as much as there could be. The same goes for any ethnicity, unless they do something about the situationthemselves. In order to get my point across, I had to be straight to the point. Many of my colleagues will either chastise me, calling me too black and too strong, or insist that I am looking for trouble within this school. That is not the case, and it is very degrading to hear other black students state that one must work with the system. For the most part, that is a lot of nonsense. The Negro populace has been working with the system for a long timeand have actually regressed. Blacks need to work within the system. Too many blacks have been trained to be seen, but not heard. They fear that they might lose whatthey have, not that many have much to lose in the first place. Blacks who fear losing will continue to pledgeallegiancetotheflag before they pledge allegiance to their own oppressed and eco- . from page 10 another facet or definitional twist to the pattern systematically evident in previous EqualProtection/affirmative-action analysis. It would be wrong to surmise that the happiness of one race must come at the expense of the other race(s). Given the present state of the dialogue, achieving mutually inclusive happiness is the ideal. It is intuitively feasibre; pragmatically it is a pain in the wrong place, and there seems to be a collective failure to recognize and deal with this fact. But a Supreme Court constituted of justices Who lack any form of sensitivity to the needs and concerns of unpopular factions of society will rapidly achieve mutually exclusive happiness. One can only hope the evils of the past will remain just that: the past. Republican Administration or white. However, social programs given to blacks are the major impediments that create high black unemployment. The homeless complain of no work being available. How can this be when there are many farmlands that are more than willing to take in the homeless, provide them with food, shelter, and, most of all, work! People should no longer have to step over people who lay in the street, or people who impede your path with a threatening look in you don't place change in their cup. Farms are just one solution if the homeless decide not to work at McDonalds, Burger King, or any other of the fast food chains that are busy scrambling for workers. Whether the jobs available are skilled or unskilled, menial or not, they are jobs! If the homeless decide not to take these jobs, rest assured that foreigners and illegal immigrants will. I am sick and tired of hearing the bleeding-heart-liberals complain about the needs of the homeless, black or white. When you ask one of these liberals to take a homeless person home with them, and feed and clothe them until they get on their feet, many no longer chirp that song about the homeless. That's right, they become silent. from page 6 serve of energy and commit- Equality perhaps a euphemistic expression of a maligned social mentality, serving as a form of "civilized" momentary excuse (instead of being blunt about how you feel, you choose more subtle methods to say what you want without looking like the bad guy); and once the excuse is gone another one is concocted to serve the same purpose. In the end, when all the votes are counted, the stakes stated, the appointments made and confirmed, and the cases are brought, the Supreme Court will do one of two things both of which are predictable through the trajectory of constitutional equality: it could choose to maintain the present course supported by a wealth of precedents and jurisprudence; or it could introduce .. pears to have an endless re- nomically from page 6 depressed people. My same colleagues will continue to repeat the words "...with liberty and justice for all." Many blacks also believe they should keep singing the old Negro spiritual "We Shall Overcome" or "We Can Overcome With Our Capacity to Love." These are the blacks that have already lost their mind! In conclusion, I must say, I am not a racist. Far from it. I like almost all people, regardless of their color or handicap. The time has arisen for someone to take a stand in order to forward his own culture, a culture of intelligence that is in the need of guidance due to its present situation. Too many blacks go astray when the reach the higher echelon, particularly highly educated negros. I am a black man in this school, who feels that a stand has to be taken without fear. Blacks must protect their heritage at all costs, what little there is left. I might be on the other end of the voting majority of blacks, but who said that the majority is always right? A Republican administ constitutes a group of vatives that is needed to tighten the loose ends of the black population. History tends to repeat itself, and maybe another era of the 1950's or 60's is needed. Underthe Bush administration that era might just return, hopefully making things better as a whole for the black populace, unless blacks don't wake up before this happens. I realize what I am saying sounds somewhat harsh. Eight years, evidently, wasn't enough. Maybe another eight year plan is necessary to wake up the sleeping black populace. �Student Organization News Great Lakes Face Massive Toxic Poisoning by Ted Baecher The Great Lakes provide 24 million people with drinking water, yet contain some of this nation's largest toxic waste sites. Sports and commercial fisheries derive substantial economic benefits from the Great Lakes, yet many fish in the Great Lakes are not fit for human consumption. The Great Lakes are one of this nation's most precious natural resources, yet continue to be the basin for untold pollution and waste. Tim Eider, a field coordinator for Great Lakes United, addressed these paradoxes and other Great Lakes environmental issues at a lectur on Wednesday, November 9th, sponsored by the EnvironmentalLaw Society. GreatLakes United is a coalition of 200 groups which provide a unified voice for various environmental groups concerned with the Great Lakes. Its goal is to protect, conserve, and properly manage the resources of the <3reat Lakes by educating citizens on Great Lakes issues, furthering conservation efforts, encouraging environmentally sound economic strategies and promoting public support and coordinate citizen action on Great Lakes issues. The biggest problem facing the Great Lakes, according to Mr. Eider, is the toxic waste that is dumped both in and near the Great Lakes and the non-compliance of both state andfederal governments with the Great Lakes Water Quality Agreement. The Agreement, signed by both the United States and Canada in 1972 and amended in 1978 and 1987, provides certain guidelines by which the discharge of toxic wastes is to be regulated. The most "prescient" of these provisions, according to Mr. Eider, is the "zero solution," which is an agreement to eliminate the discharge of toxic waste into the Great Lakes. Because the Agreement has no binding force on either the Canadian or U.S. its objectives government, have not been implemented. Furthermore, according to Mr. Eider, a "lack of political will and commitment" on the part of both the Canadian and United States governments has led to continued discharge of toxic wastes into the lakes. As an example of governmental inertia on a local level, Mr. Eider pointed to the Hyde Park landfill in Niagara Falls. The landfill, which is less than half a mile from the Niagara River, continues to leak toxic waste into Lake Ontario despite "litigation, hand-wringing and negotiations" to have the waste removed or cleaned up. The tremendous danger posed by Hyde Park is the possibility of leakage of the one to two tons of pure dioxin stored irv the landfill. Canadian scientists, when doing a survey of the area for the Canadian government, estimated that "one shovelful of dioxin into Lake Ontario would render the lake lifeless," according to Mr. Eider. Despite the Water Quality Agreement and environmentalists' efforts to have the toxics removed, bureaucratic inefficiency and lack of governmental initiative have allowed an extremely dangerous problem to persist. Although Mr. Eider stressed the need for continued compliance with the strict water quality standards of the Agreement, he also believed that the most effective manner to deal with toxic wastes was through source reduction. "Instead of managing pollution...we have to attack toxic substances before they become waste." According to Mr. Eider, this proposal may require "going into the factories and requiring substitution of hazardous process materials for other less hazardous materials." This method, although the most effective, is also the most difficult to implement because it requires "major changes in the way society functions and operates to eliminate toxic substances." Mr. Eider saw a great need for law students to become involved in these kinds of changes and to consider environmental law as a career option. Mr. Eider thought it a "fantastic idea" to establish an Environmental Law Clinic at SUNY-Buffalo Law School to work with local community Jewish Law Students The Jewish Law StudentsAssociation is a cultural organization which provides the student population and the Buffalo community with educational programs emphasizing both Judaism and law. JLSA sponsors guest lecturers on topics concerning important societal issues involving the Jewish community, conducts fundraising events to elicit financial sup- port from students and faculty and sponsors holiday celebrations as well as social events in conjunction with other campus organizations. The SUNY Buffalo JLSA is affiliated withthe National Jewish Law Students Association. that contains some of this nation's worst toxic waste sites, and an Environmental Law Clinic would give students an opportunity to get hands on experience and work at becoming good environmental lawyers." Jim Monroe said the Environmental Law Society is actively seeking to establish such a clinic. The only way any plan to clean up the Great Lakes will be implemented, said Mr. Eider, is "if there is a committed community in the public behind that plan." Great Lakes United is one such community, and it is the hope of members of the Environmental Law Society that an Environmental Law Clinic will become another. Law Is Alive and Well In BPILP by Barb Gardner It is said the more things change, the more they stay the same. This, unfortunately, is true of government administrations but, fortunately, is also true for the level of interest in and support forthe Buffalo Public Interest Law Program (BPILP). Our membership has grown and we anticipate another productive year. Last spring we conducted our first "work-a-day-in-the-publicinterest" pledge drive. Students and faculty were asked to pledge one day of their summer wages to a fund for public interest internships for second and third-year students. Last summer three first year stu- dents were employed by Farmworkers' Legal Services, Legal Services for the Elderly, and Prisoners' Legal Services. Their salaries were paid by the BPILP. Originally BPILP received $7,000 in pledges; to date, approximately $6,000 has been received. However, due to new and increased pledges, we anticipate total receipts of $8,500. This will assure four students of summer employment with local public interest agencies. Our 1989 pledge drive will be held in April. In the meantime, our volunteers are participating in the law school phone-a-thon to raise additional internship funds. But BPILP doesn't just raise money —we raise consciousness. On Wednesday, November 9, we were pleased to present Professor Muhammad Kenyatta and Judith Olin, Esq. of Neighborhood Legal Services, discussing the role of the activist lawyer. On March 9, 1989 we will co-sponsor a lecture by Arthur Kinoy. Sidoti, 1984). The list can go on and on, but that isn't the point. What is important is the realization that the struggle for equality is ongoing and gets more difficult as racism takes on a more sophisticated and subtle nature. As Black people we are too painfully aware that America's "justice for all" need not include us if our exclusion is permitted by social conscience, economics, or law. It is this awareness that underpins the commitment by BLSA to deal with the problems facing not A very popular BPILP project is the implementation of a loan assistance repayment program. More information on this in the weeks to come. We welcome your suggestions and we appreciate your support. A Message from BLSA... The Fourteenth Amendment was ratified in 1968. In the overall scheme of things, that date doesn't seem so impressive when we take a look at the following facts: 1. There were still state statutes on the books forbidding interracial marriages as late as 1967 (Loving v Virginia, 1967). 2. Prior to 1984, a woman could be divested of the custody of her child if she married a man of a different color. (Paimore v only the Black Law Students as but also those problems existing in theBlack community ÜB, as a whole. America has held out the promise to eradicate the barriers to equal opportunity. It is our feeling that while great historical strides have been made, the struggle is far from over. On Behalf of BLSA, Gail Hallerdin, President, Black Law Students Association . SBA Hinders Free Press The motion was passed and tabledfor reconsideration after SBA Treasurer Greg Vinal warned SBA of the constitutional issues involved. Mr. Ibarrondo Cruz in response to the confrontational attitude taken by some SBA members, stated, "I can't believe how quickly a body of law students would condemn an organization and be ready to cut allocated funds in clear violation of the constitutional guarantees of due process. Although they were wise enough to table the matter, I'm shocked in how SBA sought to condemn now and discuss later." be requested by filling out a request slip outside O'Brian Rm. 509. Any student having additional questions may contact Peer Tutorial by leaving a note outside O'Brian Rm. 509. Mr. Ibarrondo Cruz also stated, "The Opinion, although partially funded by the SBA is not an arm of the SBA as SBA would like to believe. The Opinion is a free and independent student run press, not an SBA newsletter, that serves the law school community. As a free and independent press, The Opinion is not a newsletter for SBA nor the administration for that matter." The Law School Bookstore (Mimeo Room) will be closed December 8, 1988 through January 16, 1989. Spring semester hours will be posted later. Ivan Khoury, SBA Vice-President, contacted by The Opinion to discuss the SBA meeting, stated that although he was confused by The Opinion issue, he sees The Opinion's point as a valid one. Peer Tutorial Project Peer Tutorial Project is a student-run organization that assists students in general study skills, exam taking and preparation as well as substantive course content. Peer Tutorial conducts group programs and one-on-one tutoring sessions. Group programs are usually conducted for first year classes and Tax I and announcements are made in those classes. Oneon-One tutoring sessions are available all semester and may groups, including Great Lakes United, to help confront the problem of toxic wastes and other environmental concerns in the Great Lakes region. Jim Monroe, a member of the Environmental Law Society, concurred, "It makes sense to establish an Environmental Law Clinic here at SUNY- Buffalo Law School. We live in an area Although the issue was tabled pending the appearance of the entire Editorial Board of The Opinion before SBA, it appears from page 1 1 that some SBA members will continue to try to exert undo influence upon The Opinion's editorial policies. Moot Court Board Congratulations to the following individuals who have been offered membership on the Moot Court Board: Honorary Members Wade Coye Vincent Doyle Steven Gaynor Kevin Knab Thomas Laurino Frank Loss James Snashall Karen Murray Leah Ranke Kathleen Ranni Coillen Sloan Edward Smith Kathleen Smith Lawrence Wood Current Board Pattilynn Babajane Katie Baumgarten Associate Members Margaret Barton Christina Berninger Deidre Bowen Mary Catherine Callahan Nan Clingman Barbara Colucy Thomas Deßoy Kathleen Doyle Patricia Drmacich Kelley Eikmair Frank Fontana Grace Gannon James Grasso Gary Hall Beth Irwin Donna Karas James Kennedy Kimi King Jonathan Kurens Shawn Lavery William Levine Jeffrey Markello Catherine Marra Daniel Mentzer Mary Mikan Elpiniki Moumoulidis Lauren Breen Benjamin Bruce Siu Lan Chan Richard Cohen Elizabeth Deutsch Barry Covert Sarah Faherty Susan Feitoza Joseph Frazier Joseph Goergen Shawn Griffin Barry O'Melinn Kenneth Peshkin Salvator Sanfilippo Alexei Schacht Thomas Smith Judee Smolarek Karen Surber Peter Strong Lisa Valvo Adam Vodraska Paul Weiss Jason Wohlford Kenneth Yood Executive Board Robert Boreanaz Suzanne Garvey Timothy Greenan Maryjo Raczka Joseph Rizzo December 7, 1988 The Opinion 15 �New York Bar Exam Bar Review Course Enrollments Summer '87 Summer '88 f3700| 4000+ g2ooog Pieper *)A Josephson/ Kluwer Courses Combined c/t/\ DUU ntsss I 80 i *iAt ™™ 1 I I I 150+ Enrollments based upon head counts at course locations. BAR REVIEW 16 The Opinion December 7, 1988 1988 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1988 Bibliographic Citation A bibliographic reference for the resource. 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The Conference was hosted by the SUNY Buffalo Faculty of Law & Jurisprudence, the New York State Bar Association International Law & Practice Section and the International Law Society at UB Law. The Conference is only the third of its kind to be held at a U.S. law school. The Conference started as the idea of third year law student Jennifer Krieger, who saw a definite need to bring international issues to the attention of students, faculty and practitioners. Ms. Krieger headed the student conference planning committee and Associate Dean Vir- ginia Leary provided faculty guidance. The efforts of many other students and faculty were involved and financial support was gratefully provided by law book publishers William S. Hem and Co., Inc., International Law ner with the Buffalo firm of mastered domestic law for three to five years before attempting a career in international law. He noted that one must be able to satisfy another person's non-marketing interests before being able to practice law abroad. If a lawyer Program I: Discovering Career participates in numerous Bar committees and organizations. Thefirst speaker of the morning, James Truman Bidwell, Jr., is a partner with the New York City Law Firm of White and Case, and practices corporate law representing both publicly and privately held corporations. Paths In International Law The moderator for this program, Ralph L. Halpern, is a part- Mr. Bidwell emphasized that it was important to have first lacks sufficient knowledge of the culture he or she is dealing with, Bidwell notes that they also may not be able to understand what constitutes good faith during a negotiation. Pamela Davis Heilman, is a partner with the Buffalo firm of Hodgson, Russ, Andrews, Woods & Goodyear. Ms. Heilman, a graduate of SUNY at Buffalo Law, specializes in mergers, acquisitions and international transactions. Ms. Heilman began by pointing out that each country gives lawyers different kinds of roles. Japanese lawyers, for example, have roles far different from those of lawyers in other countries. Ms. Heilman also noted that international lawyers deal in such areas as international taxation, immigration, trade and environment. Edgar H. Haug, a partner in thefirm of Curtis, Morris & Safford since 1982, has extensive experience in preparing and prosecuting patent applications in the chemical and mechanical Students Association, Council on International Studies and Programs (CISP), Mitchell Lecture Fund and Bar Bri Multistate Law Review. The Conference began with a welcome from Dean Filvaroff and an opening address by Dean Leary on "The Internationalization of Private Practice and Legal Education," which was the theme of the Conference. Retired California Supreme Court Justice and former Dean of the University of California Law School at Berkeley, Frank C. Newman, was the special guest speaker at a luncheon program in Talbert Dining Room. Justice Newman spoke on the relation of international law to a number of domestic and international political activities. Three programs dealing with various areas of international law were presented concurrently throughout the day and are detailed below. Jaeckle, Fleishman & Mugel, and formerly presided as President of the Buffalo Council of World Affairs. Mr. Halpern graduated cum laude from the University of Buffalo Law School in 1953 and currently Freedom Of Speech Canadian Style Should people who make hateful and racist public statements be subject to punishment for group defamation? In Canada, unlike the United States, they are. That was the topic of the 1988 Annual Mitchell Lecture which occurred on Friday, November 4th in room 106 at O'Brian Hall. by Alexei Schacht News Editor Callingthe day's events a lecture is actually a misnomer since there were in fact six separate people speaking at the day's colloquium entitled "Language as Violence vs. Freedom of Speech: Canadian and American Perspectives on Group Defamation." Co-sponsored by the Canadian American Legal Studies Committee and the SUNY at Buffalo CanadianAmerican Studies Committee, four of the day's speakers were from Canada while the other two were American. However, of regardless where they were from, the speakers presented varied and occasionally complex positions in what was an important and stimulating public discussion. Professor Kathleen Mahoney, of the University of Calgary in Alberta, in referring to the United States and Canada, said that her "task is to explain differences between the two systems." In some ways her analysis became a backdrop for the rest of the discussion. Mahoney claimed that "the politics of civil liberties are changing in Canada, evolving towards a more egalitarian society," while the United States, according to Mahoney, emphasizes "individual rights" in a way that may not be compatible with "equality." Certain groups are so totally oppressed and silenced that "free speech" may be meaningless to them. Accordingly, "Canada's rejection of the 'melting pot' idea in favor of a pluralistic 'mosaic' will result in a truly multilingual and multicultural nation where .. Counsel to the Canadian Civil Liberties Association, stated that while "freedom of speech is not and cannot be absolute it is the lifeblood of the democratic system." Mr. Borovoy asked rhetorically how one can make "a net" that will catch "racist invective" but not other more valuable speech. Mr. Borovoy, a charismatic speaker, objected to the Canadian anti-hate statute's language criminalizing the promo- arts. Mr. Haug began by pointing out that it would be a great idea to have a technical degree in the same area of patent law that one wanted to practice; he people can realize their own in- dividuality," Mahoney said. Moreover, because "freedom of speech defined by women and [people of color] looks different" than "free speech" by "the dominant elite," Professor Mahoney says, Canada's antihate laws are necessary. For instance, Hitler's hate propaganda drove reasonable discussion from the marketplace of ideas and helped lead, Mahoney implied, to the gas chambers. While Mahoney emphasized equality as the key to democracy, Alan Borovoy, General tion of "hatred" based upon race or ethnicity, as being far too ambiguous. However, Mr. Borovoy acknowledged the law's supporters' arguments that imprecise words are used but here, in many statutes with speech, our "grievance procedure is at issue." Thus, statutes that restrain speech ought to be more specific than — most. So too Mr. Borovoy felt that these laws would not even be effective in accomplishing their own goals. As proof of this, he cited the fact that there were (See Freedom of Speech, Page 5) noted that this was not necessarily so in the areas of copyright and trademark law. Haug emphasized that a sound Federal Practice background was necessary to be able to purse patent, trademark and copyright law, especially in the international sphere. Douglas I. Hague, an attorney providing corporate counsel to the Eastman Kodak Company, currently serves as legal advisor to US Marketing Groups and specializes in U.S. commercial litigation. Mr. Hague pointed out that one of the advantages of working for a large corporation such as Eastman Kodak is that one does business in a world class manner. Another advantage that Hague pointed out was that one can have a successful career in a corporation while still being able to pursue other priorities. Some of the disadvantages include the fact that lawyers are simply advisors in large corporations, that one must deal with those clients that come to the corporation and that firms are entities run by lawyers for lawyers. Mr. Hague continued to emphasize that one must be able to think in as well as speak two to three languages if one desires to practice international law at Kodak. Such knowledge is often critical in keeping the other side satisfied during and after negotiations. Hague concluded that being able to think in another language is invaluable experience when dealing with foreign clientele. Dennis Vacco, currently U.S. Attorney for the Western District of New York, graduated from SUNY at Buffalo law school in 1978 and then served as an Assistant District Attorney in the Erie County District Attorney's Offices for the next ten years. Mr. Vacco began by stating that, as a member of the U.S. Department of Justice, he works for the largest law firm in the country. With 93 attorney general offices throughout the United States, Mr. Vacco shares New York's area with three U.S. Attorneys. As head of the Western District of New York, his department oversees the four bridges to Canada, which over 30 million people cross each year. Some of the international issues that the U.S. Department of Justice engage in, according to Vacco, include residency status of immigrants, suppression hearings of testimony given in other languages, and indictments against suspected international drug dealers like Manuel Noriega. Vacco elaborated by showing how his job relates to Taxation (i.e. money laundering issues). Customs and Immigration, Subpoena Powers and a wide variety of other issues at theinternational level. A question and answer period at the conclusion of the See International Law Conference, Page 11) HIGHLIGHTS Student Opinions on Racism .... pages of The Opinion, numerous students have written on Runyon. racial incidents and the law. Clearly, a sign of the times. 3,6,9 Throughout this issue How Much Does Justice Cost? Although procedurally we all have the same rights, administratively the disbursement ofjustice is markedly different. page 7 �THNKUKE AUOVYER The Marino Method Listen up. You could learn and memorize even single piece of N.Y. & N.J. law. Ever>' statute, even' amendment, even case application. And still not pass the bar exam. M allows you to become adept at dealing with the format. With personal attention, critiques and evaluations, you will prepare your own study guide; as you learn how to develop the kind ofresponses that will gain you critical points on the exam. Even if you don't know the applicable law or jp This interactive, student-involved approach is backed by Marino Books—the new gold standard ofbar review t%. mmmim ■mhhhj law and its principles. In other words, it's a test of your capacity to ■ Ir--" •S JBPHBHBffIB BiiiiHl mttm —luMiff ■■■ First, through all the law that's perti- Bl w***' I behave like a parrot who can take steno; Joe will distill this pertinent law down J to its essentials. And he'll teach you how >H to memorize them with total recall, using easy-to-learn techniques which have been refined and perfected tor over 4() years. Then he'll show you how to apply this law to actual problems, which are presented in the same way they will appear on the exam. This / The Opinion November 9, 1988 X 0 5^ The Method At Work. ' Joe Marino will guide you Marino Comprehensive N.Y. and Marino Comprehensive N.J. are the first and only completely self-contained bar review systems, covering all preparatory aspects of the N.Y & NJ. Bar Exams. Constructed around The Marino Method, these are the most thorough and effective programs available today And with Marino Comprehensive you pay one low price. That's all. J There are no add ons, no ancillary or material costs of any kind, no other courses to take, no � Wl\ *J other payments to make. So start thinking like a lawyer. Take a look at the various bar review courses available to you. Investigate, evaluate, analyze and compare. c y° u in c ass m € i / f*lJ{{*&'* Marino Bar Review, Inc. 115 E. 19th St '*~ NY N V loo°3 212-420-9800 nent to the exam. Unlike other p programs that bombard you witn ;U1 av 'danchc of printed mygHmm material, or expect you to J| ■ 2 . first name in Bar l—^——-—— J ***\? - ' 1-800-J-MARINO. �First Deputy District Attorney Discusses DNA Evidence (Frank Clark, First Deputy District Attorney ofErie and a 1967 graduate of UB Law discusses the pros and cons of DNA testing.) tion. The possibility of lifting a successful print at an average crime scene is only five percent. The blood and tissue type testing currently being used in theUnited States is inexact. The by Eric S. Katz key aspect of typing is an attempt to narrow the possible The new DNA technology is exciting many law enforcement personnel because it is more precise than the current procedures used in criminal investigations. The current fingerprinting and blood-tissue typing tests are limited in comparison to the DNA testing. The problem with the current method of gathering fingerprints is the inability to lift a print with a sufficient number of points suitable for identifica- pool of suspects. But identification based solely on blood sample was never possible, according to Clark's own experience. Typing gives you similarities, DNA not exactness. The technology will surpass the current procedures and replace similarities with exactness. This new technology is impressive. Crime fighters have become much more sophisticated in being able to find, de- Supreme Court's Stance Threatens Civil Rights by Martin Coleman Each successive Supreme Court possesses a vision of this country, framed by the political and moral views of thenine justices, which it infuses into the interpretations it makes out of the broad language of the Constitution and its Amendments. In the present term of the Supreme Court, there is clearly a majority of judges who speak the conservative tongue of the Reagan era "New Right". However, the recent Supreme Court decision to re-hear a landmark 1976 civil rights case, Runyon v. McCrary, presents Americans with a vision of civil rights for minorities that is anything but "New" or "Right". Runyon derives its constitu- tional force from the 13th Amendment's prohibition of slavery and involuntary servitude, via the vehicle of the 1866 Civil Rights Act. In debate, prior to passage of the Civil Rights Act, Lyman Trumbull, Republican Senator from Illinois, pleaded to those objecting to the Act, stating that most of its provisions: "are copied from the late fugitive slave act, adopted in 1850 for the purpose of returning fugitive slaves into slavery again. The act that was passed at that timefor the purpose of punishing persons who should aid negroes to escape to freedom is now to be applied by the provisions of this bill to the punishment of those who shall undertake to keep them in slavery. Surely we have the authority to enact a law as efficient in the interests of freedom, now that freedom prevails throughout the country, as we had in the interest of slavery when it prevailed in a portion of this country .." . The freedom that the Civil Rights Act sought to guarantee was that all citizens, regardless of race or color, "shall have the same right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and procedures for the security of person and property as is enjoyed by white citizens." All Americans would agree that they could not be "free" in any land where these rights are not guaranteed and enforced. Tens of thousands of early Americans, both black and white, who gave their lives in our revolutionary war with Britain attested to this truth with their life's blood. It is a curious paradox then, that those great guardians of the vision of America's greatness, the Supreme Court, with thebright exception of theWarren Court, should have been so sparing and even recalcitrant when it came to finding constitutional support guaranteeing these rights for AfricanAmericans. The present Court, by expressing an intent to hold that portion of the 1866 Civil Rights Act pertaining to private contractual situations unconstitutional, is no exception to this paradox. Such a holding would go farther than the Supreme Court in the late 19th century in limiting the Federal government's ability to remove the badges of slavery that prevented African-Americans from forming contracts because of the color of theirskin. Given the fact that this late 19th century Court was noted for its hostility to African-Americans in such cases as the Civil Rights Cases of 1883 and the infamous Plessy v. Ferguson, one might conclude that the present Court's constitutional wisdom is occluded by that same hostility, done one step further. tect, and isolate hairs and fibers. Traces of saliva, blood, skin, hair, and semen all contain the basic genetic code necessary to do the DNA testing. Deputy Clark believes that "As the technology becomes accepted in more jurisdictions and as the technology advances, I think that you are going to see this become something quite commonplace rather than unusual." The advent of DNA testing is expected to change many court room produces. Lifecodes Corporation, of Tarrytown, New York, a lab where much DNA testing takes place, has reported that a large majority of defendants tested by lifecodes pleaded guilty when faced with the results. For example, in a rape case, assuming we have a victim who reports the offense immediately and is thereafter examined: if the vaginal swabs extracted are of a sufficient semen sample, identification no longer becomes a question. It is as though that person left his fingerprint at the scene. The fact, according to the experts, is that DNA is singular, with odds ofabout 1 out of 33 billion. Remember, in criminal cases, proof need only be beyond a reasonable doubt and not to a mathematical certainty. Clark commented that he would rather trust genetic evidence, which is rooted in accepted scientific principles than "an eyewitnesses fleeting glimpse as a suspect runs by The precision accuracy of the DNA test is creating hardships for defense attorneys. It forecloses all of the latitude that a good cross-examiner has in calling into question the accuracy or validity of testimony. When Clark was asked how he would defend against DNA evidence, he responded, "What you have to do is become skilled in the science, so that you could actually create some doubt, either in procedure or manner in which procedures were performed. Unless you are successful in getting the test thrown-out you are dead meat." Clark believes that the use of this new technology should be used as a corroborating element and not just sole DNA evidence. "I would be reluctant to proceed with a prosecution when therewere possible alternative explanations. For example, if you were with your girlfriend and when you left her she was attacked, if after the attack we find a hair belonging to you should we prosecute? No, of course not. However, if we find a murder victim with skin under the deceased's fingernails then the possibilities are much narrower. However, in matters of first impression, I would prefer that there would be other evidence in addition to that of DNA, so that what you are really doing is not establishing the identity of the individual through the DNA, but rather that you are corroborating the other evidence that you have already gathered. Thus giving the courts a little bit more assurance that not only does the test stand on its own, but there is other evidence which is consistent with the identification evidence presented via DNA testing." Not only can this evidence convict, but it can also exonerate. The potential for exculpatory evidence is as great as identifying someone who has committed the offense. For example, in rape cases there are often mistakes in identification. Now we have the opportunity to establish to near certainty that the individual committed the offense based on the DNA fingerprinting. We have the ability to clear, as much as the ability to condemn. (Editor's Note: This is the sec- ond part of a three part series on DNA.) THE PASSWORD: 6or|>rr 41 S Seventh Avenue. Suite 62 New York. New York 10001 (212)594-369* (201) 623 MM MARINO COMPREHENSIVE NEW YORK PRICE COMPARISON Marino Comprehensive: One Course, One Price With Marino Comprehensive you'll pay one fee and that's all. There are no add-ons, no ancillary or material costs, no other courses to take or payments to make --just the most thorough and thoroughly successful bar exam preparation you can get, anywhere. MARINO BAR/BRI PIEPER Complete Program Yes $1075 No No Bar Course NY BarPass Review Yes Yes $995. Marino Plus Extra charge Specialized Essay Writing - Included Included Course Specialized MBE Clinics $1050. $225.00 Not offered. Average outside vendor cost: $300. Marino MBE Included Extra charge $125.00 Not offered. Average outside vendor cost: $125. Marino CPLR Yes Yes Full Refund Yes No Yes TOTAL (Cost or $1075.00 Specialized N.Y. Practice As a law student and a human being, I cringe at the injustice done to African-Americans by public and private acts of racism still very much evident 123 years after the Civil War. I want to look up to the Supreme Court for a vision of our country that recognizes our ugly blemishes and repudiates them strongly with the Constitution's grand declaration of rights. Instead I prepare to step into a legal career filled with cynicism and anger at a Supreme Court whose vision of our constitution appears to lead it back in time to a period of hopeless racism, rather than towards a future of true equality. on a dark and stormy night." Eyewitness testimony is often the least reliable testimony. Different people see things in different ways. Human emotions color what a person sees or what they think they see. Workshop Included Course Policy Complete Package) Discount - Discount Price $850.00 225.00 until Nov. 30 $1400.00 - 150.00 $1250.00 until Nov. 30 $1420.00 - 125.00 $1295.00 until Nov. I Note: For the purpose of price comparison, Marino Comprehensive, a program more complete than IiAU/fSlll or Pieper, has added to the base price of each of the latter the extra costs a student would necessarily incur in order to cover every aspect of bar preparation contained in Marino Comprehensive. Kor the summer 1988 bar exam cycle 70% of all nun-Marino Comprehensive students found it necessary to supplement their bar course with these extra courses. 115 East 19th Street, New York, N.Y. 10003 / 212-420-9800 / 1-800-J-MARINO November 9, 1988 The Opinion 3 �F~lMew York, New Jersey, and New England Students MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM LECTURE „ II LIVE AT LAW SCHOOL 11, by Stan Chess people take BAR/BRI than take all other bar Iflore review E courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). 1 wAn li / (( I 1 For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). M /\1I ill /\ LLi . IIL o3T- XI NOV. O #■% + HO A *\ DM A. KIVI Ifc INUUIN " H" Ji RCjC3l\/l II I IVvm Mm j a^ Ofi VW rIT'S H M 415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696'(516)542-1030 •(914)684-0807-(201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617)437-1171 NOT TOO LATE TO WITHOUT LOSS OF So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollarfor dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 The Opinion November 9, 1988 # 1 he Nation's Largest and Most Successful Bar Review. J ))\C I I rT^X"^ Aj jh SWITCH ID PIEPER DEPOSIT. 4 ~ ~"~——^— I II I I I I I �Special Needs Committee Issues At The Forefront by Betsy Bannigan By writing this article, I hope to spark student awareness concerning the formidable barriers that are confronted daily by students with learning and physical disabilities in our law school. In order to gain a greater appreciation of the burdensthis school imposes, I urge the student body to read the final report and recommendations prepared by the Committee for Law Students With Special Needs. The report is on file in the law school library. For now, I will briefly touch upon someofthesetroubling issues. Persons with physical and learning disabilities should be able to reap the full benefits of a legal education. Is this possible when a visually impaired person is forced to fall behind in class readings because the materials cannot be enlarged in timefor class discussion?Is this possible when those students in wheelchairs are confined to the back ofevery lecture hall on the first floor, thereby limiting social interaction with peers and preventing them from approaching instructors with questions after class? Is this possible when oncampus transportation is so inflexible with its services that mobility-restricted students are forced to adhere to a rigid schedule, thus impinging on social activities and the need for extra research or study time in the library? Is this possible when disabled law students are forced to occupy dorm rooms amidst a sea of boisterous undergrads in the Ellicott Complex, due to a lack of accessible rooms on campus? These conditions are clearly not conducive to the proper study of law. Unfortunately, the list goes on. It evokes a seemingly endless array of obstacles for students with disabilities. As stated by Professor Engel in the Committee Report, "Where barriers are removed and integration is achieved, the perception of handicap itself is frequently reduced and those who were formerly considered incapacitated are accepted as individuals on their own terms." We should all bear in mind that a vast majority of handicaps are societally caused, (i.e. . from page 1 Freedom of Speech over 200 prosecutions for the promulgation of anti-Jewish hate messages in pre-Nazi Germany. Mr. Borovoy suggested that the objection to speech could be fought in the political arena. While the views presented were many and varied, two brary comments in particular, during the question and answer period, cut to the heart of the matter. Professor Victor Thuronyi, of Buffalo Law School, asked, "Does the law have any practical effect?" The importance of the question was that it pointed out that no one, to this writer's mind, had clarified what the purpose of theseanti-hate laws actually is. The second comment showed that the two main sides in the discussion for and against — persons with disabilities have become less "handicapped" in today's society as a result of modern technology). It is a disgrace that such students once again become more "handicapped" as they try to make use of the facilities in O'Brian. In fact, persons confined to wheelchairs cannot even freely enter these hallways due to the absence of an accessible entrance. innovations Technological make it possible for those with special needs to participate in and benefit from regular educational programs. Unfortunately, this school is drastically "behind the times" in providing such innovations and services. For example, various computers, modified to assist persons with disabilities, can be found in other buildings within the University, yet none can be found in the law school. Those pieces of equipment that the library and law school do have in their possession, such as the VISULTEK reader, are sorely out of date and in dreadful condition. Obtaining such items as li- — the group defamation laws were talking at cross currents instead of to each other. Professor Isabel Marcus, of the Buffalo Law School, pointed out that the law's proponents contextualize the experiences of women, people of color, and other marginalized persons who are oppressed by unfettered "free speech;" while its opponents meet them with traditional white male liberal philosophy. Clearly this is a discussion that needs to be continued. equipment, building modifications and housing and transportation services requires substantial time, effort, and funding. It is therefore necessary that the faculty and administration, as well as the student body as a whole, help support these endeavors. While the overall picture is a dismal one, theCommittee was able to make substantial progress in modifying students' academic programs for purposes of in-class instruction and exam taking. Such modifications included: enlarging materials, obtaining permission to tape classes where professors traditionally had a policy otherwise, providing time extensions for exams, recording and transcribing exam responses, and providing readers. Special services are necessary to provide for students' unique educational needs. Based on the past record, this law school's policies and practices for meeting the varying needs of the disabled have proven inadequate. The Committee has taken great strides to ensure that these inadequacies do not go unnoticed. At the October 14th faculty meeting, Professor Engel presented a number of the Committee's findings. The faculty members were visibly disturbed by these findings as anyone who reads the Committee Report will be. At this meeting, Wade Newhouse spoke of the "monstrous insensitivity" of the law school. While it is undeniable that this law school has been unsensitive to the needs of the disabled in the past, it does not have to continue along the same path. Our perceptions and attitudes must change, for this is a re-education process for us all. Aggressive efforts by everyone are needed to force the administration to provide sufficient services and make the necessary modifications. UB Law School prides itself on its progressive attitude toward those persons who have been historically discriminated against. Isn't it about time we start to advocate for the rights of the disabled?course — \B/hy Worry? This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to switch programs. BAR/BRI refuses to play this game. We believe that students are mature enough to enroll in a course. If they believe they made a mistake, they are mature enough to change courses. If a student signs up with BAR/BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. We will not undermine students' confidence in their course by playing on their insecurities. After all, we're attorneys. And we intend to help you become attorneys, too. ( m (212) 594-3696 "Where professional responsibility is more than just a course,"™ November 9, 1988 The Opinion 5 �OPINION STATE UNIVERSITY (IF NEW YORK liISST AT BUFFALO SCHOOLOF LAW November 9, 1988 Volume 29, No. 7 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Staff: Lenny B. Cooper, Eric S. Katz ' Contributors: Betsy Bannigan, Martin Coleman, Dennis Fordham, Jennifer Latham, Jim Monroe, Troy Oechsner, John Wenzke. © Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. Hie Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials: Practitioners/Employers Should Move Beyond Old Rhetoric It is quite disturbing to work as a law clerk throughout the school year for either the experience, or as a financial supplement to housing/educational expenses and get paid less than a hamburger maker at a fast food restaurant. Legal practitioners should be ashamed of how badly they pay for services rendered by law students. Law students should not have to work for minimum wage as part time law clerks. There is absolutely no justification for the low wages paid to law clerks. Most practitioners make law students feel as though the practitioner is doing the law student a service. A quite common response to any disagreement over hourly wage or weekly salary will most likely be ended by the practitioner's emphasizing the "valuable experience" that the law student is gaining. Legal education today is extremely costly. Books are high priced and coupled withtransportation costs and educational expenses they can bring a substantial financial burden to even those attending low cost public law schools. Gone are the days where an apprenticeship at a law firm sufficed to take the bar exam. The low wages may have been justified by the valuable experience that was gained. Today is another story. It is quite unbelievable that sole practitioners and law firms today use the outdated "valuable experience" argument to substantiate the gross underpayment of law students who work as part time law clerks throughout the school year. Although there are overhead costs incurred by the practitioner/employer upon hiring another staff member, this cannot substantiate the minimum wage or even the five or six dollars per hour paid a law clerk. Especially since the law clerk's hour is billed to the client at an average of $45.00 to $75.00 an hour. Clearly, the ability to "think like a lawyer" should be more valuable, salary wise, than the ability of a hamburger flipper with no college degree. A wage standard should be set by the American Bar Association, New York State Bar Association or the Erie County Bar Association whereby law students working as part time law clerks throughout their legal education are paid a certain percentage oftheir respective billable hour. The Runyon Signals Disturbing Retreat Dear Editor: In April, 1988,while considering the Patterson v. McLean Credit Union case, theSupreme Court of the United States, on its own initiative, decided to reconsider its decision in a landmark civil rights case, Runyon v. McCrary. This action by the Supreme Court is problematic for several reasons. In Runyon v. McCrary, the Supreme Court held that section 1981 of the Civil Rights Act of 1866 was violated when a black child was denied admission to a private school because of race. This landmark precedent establishes the purview of the Act, i.e., its applicability to private (as opposed to statesanctioned) acts of discrimination. That African-Americans are subjected to both private acts of discrimination, as well as state-sanctioned acts of discrimination, cannot be seriously questioned. Nor can it be denied that state-sponsored racism has contributed to the shaping of a national attitude of racism towards AfricanAmericans. Thus, the Runyon Court recognized that public policies designed to eradicate racism should be given expansive interpretation if such policies are to extend necessary protections Without a doubt, the Supreme Court's decision to re-hear dents such as that related in this issue of The Opinion con- cerning the readiness of a group of whites to "jump" at the mention of the word "nigger." Clearly acts such as the one encountered by law students while at Anacone's Grill are substantiated by the absence of a defined policy by the Executive and Judicial branches of our government in protecting the rights of all Americans. A faint glimmer of hope in this regard came from Justice Anthony Kennedy's keynote speech at the Hispanic Bar Association's 13th Annual Conference in which he stressed that "the only way in which we can make sure that we have equality in this country is to promote equality in the legal profession." 6 The Opinion November 9, 1988 K. L. Jackson Buffalo, N.Y. Students Affirm Stand Against Racial Violence Dear Editor: A few weeks ago an ugly disturbing racial incident took place in Anacone's, a local drinking establishment familiar to law students. As a group of individuals present that evening, we would like to share our tively identify the people in- volved, the police dispersed the crowd. Although two car windows were smashed, thankfully no one was hurt. That night we witnessed a blatant display of white racism. The exchange which occurred was one small step away from being a violent race riot on the streets of Buffalo. It was but another demonstration that racism is alive and well and that it takes very little to bring it to a boiling point. Being in law school can be an isolating experience. We speak out today because we feel it is important to condemn such events when they occur. It is imperative that we not sit back and close our eyes to the realities of our society, especially those of our local community. experience. A white male patron came in the bar screaming that a "bunch of niggers" were outside harrassing white women. The events which precipitated this display were not clear to us. Something occurred between one or more black males and one or more whitefemales. Perhaps there was a misinterpreted look, an exchange of words, or real or imagined hostility. What followed, however, is crystal clear. The majority of the people in the bar (ail of whom were white) rushed out in an excited frenzy, screaming racial slurs. The blacks allegedly involved in the initial incident had, fortunately, fled. The mob that gathered was met by the Buffalo police. Unable to obtain any witnesses who could posi- Nathaniel Charney, Karen Comstock, Frank Herdman, Audrey Miller, Lisa Morowitz, Troy Oechsner, Chris Reo, Pat Ryan, Mark Schlechter, Suzanne Sullivan, Kathleen Welch, John Wenzke, Rebecca Weston NOT Q US © THIS W££k : THE ( r-\ \£j V\rOY/i/ L/ / S 1\ n iH 1H ' \ ea £SoTB.fitC. /FOR £*ample, "f>/£ \^^J^\ #?} 1. ( L,, ) Social causes QEH/hd hr^^-r^^^-\)l u , l&s*, \ DVfliA'G INTERVIEW, n*rtir —~- C 1 I A \ ( QVr\inC t»T£fi\H£ui Hpl \ \ \ / FIT In. \ ~° \JtaW ) y-y\\l xj I INTEREST INTERVIEW ) THonovGHiy Read Si*/c£*E PLATO, /v\A*X, FovCAULf... LOOKING ZXPfiess/O/S / H&V/ELO fROF. 8 Li/fit's \ N ores if you took H\s CL **s! if not, rne/J ) ( / Botßoio A F*tE»D* A/ores ( e>»T SINCERE LOOKWO $100 SO/T. \ sow ne Ft /*vsr. ( \ PUBLIC ( BOY Buy ooTDfiTep IDEALS. To this end, the Erie County Bar Association and the Minority Bar Association is in the process of concluding their report concerning the under representation of minorities in private practice. We await to see the implementation of the ECBAMBA Task Force. We encourage the legal community of Erie County to take a bold step forward in promoting equality in the legal profession. reconsider Runyon v. McCrary. Surely the Court has not opted to "reconsider" Runyon to expand the protections afforded by the Civil Rights Act of 1866. The Rehnquist Court obviously intends to circumscribe those protections. Such activism on the part of the Supreme Court would amount to judicial legislation, an illegal function in a nation which is supposed to subscribe to a strict code of separation of powers. years, now exists. One is left to ponder two aspects of the Supreme Court's actions: timing and legality. At a time in which Reagan-conservatism has swept the country, one would hope that civil rights gains would be strengthened to insure the protections that they are supposed to afford. The Court's actions indicate that this is not the case. One must also question the legality of the Court's decision African-Amer- to to ity necessary to overrule Runyon, and to roll back the various civil rights gains made in recent icans, and to accomplish their stated purposes. When viewed in context, the Supreme Court's decision to review Runyon signals the Court's intention to retreat from the previous strides made in the area of civil rights law. The applicability of section 1981 to private acts of discrimination was never raised as an issue in Patterson v. McLean Credit Union. The Court purposely chose to make this an issue to facilitate a review of its decision in Runyon. With the ascent of Anthony Kennedy to the High Court, the conservative major- On Race, Racism and The Law Runyon is quite disturbing. It's equally disturbing when inci- Mailbox Opinion \ W *' £ 11 r , ~, A>£y»/vs J) \"*)n show Devotion to «/**/*£/ \)£ CA Llve . fiKw's /\/f|, c ,» pt/*£/C INTBAEST AND o\ A S£CO/>i£- ANOTHER SELL ovTf" * / ( c/r/ l r urr«««. , Y °** *l*>ace! /A/ fje J At w/AJf/n /aa/otwc* ) """— § i P*r/viE Ex/mPIE r SAVE TUB T»», UrfiNT TO - SO wIU CHANGE TUB SViTEM AA/P -yUSTICC (MSTC VIT TO THEtR FRVtTtDfS] </ �Does The Legal System Aid The Cause Of Justice? In his book Reversal of Fortune, author Alan Dershowitz tells the story of the lawyer who has won an appeal, and wires the news to his client. "Justice has prevailed," the lawyer indicates. The client wires back, "Appeal immediately!" by Andrew Culbertson Features Editor Jokes aside, does justice ever actually prevail? Better put, in a society whose motto is "truth, justice, and theAmerican way," is justice more often than not a product of idealistic think- — — ing? In a criminal justice system which adheres to such devices as plea-bargaining and the exclusionary rule, coupled with varying levelsof defendantrepresentation, the answer is more often yes than no. Dershowitz, a law professor at Harvard, as well as one of this country's top defense attorneys, has defended the likes of Harry Reems, the porn star who got into trouble for his role in Deep Throat, and Claus yon Bulow, the Danish socialite accused of killing his heiress wife. In Reversal of Fortune, which discusses Dershowitz's defense of yon Bulow, Dershowitz reveals that, for better or for worse, the difference between winning and losing a case rests not on the facts of the case itself, but on the facts which the jury is ultimately permitted to hear. As he puts it, "A legal case is like a long unedited film containing thousands of frames, only a small portion of which ultimately appear on the screen as part of the finished product. The role of the legal system police, prosecutor, defense lawyer, judge is to edit the to determinewhat for trial: film is relevant for the jury to see, and what should end up on the cutting room floor." In short, justice is extracted evidence from whatever — — doesn't end up on the "cutting room floor." When the "founding fathers" wrote theConstitution, specifically the Sixth Amendment (the right to a trial by jury), could they ever have imagined such things as plea bargains and exclusionary rules? More likely than not, their conception of justice did not envision either creation, let alone the need for a "cutting room." As one takes a careful look at the criminal justice system, he or she immediately sees two problems that are constantly being dealt with: efficiency and economics. In order to promote efficiency, justice has suffered, and, due to the economic nature of the system, justice has simultaneously become a bargained for commodity. At its most extreme, the exclusionary rule can prove to be incredibly unjust. Briefly stated, the rule provides that if evidence is obtained unconstitu- NLG To Press For FSA Grape Boycott At the October 25 meeting of the Faculty Student Association, Marcos Zuniga and over a dozen other members of the NLG asked that UB join the grape boycott. The FSA is a state-chartered non-profit corporation which runs all food services on campus. The FSA refused to endorse the boycott, but said it would consider the matter again at its November meeting. It won't wash. The California table grapes you eat are infested with pesticides which are killing you and thefarmworkers who harvest them. Carcinogenic pesticides such as Dinoseb and Captan are sprayed on grapes and absorbed into the plant. And these pesticides won't wash off. Nevertheless, the Environ- mental Protection Agency continues to allow the use of more than a dozen deadly chemicals at hazardous levels. For example, the EPA has maintained tolerance limits of 50 ppm which is the highest allowed tolerance level in the world. (Compare Canada's limit of 5 ppm). The current United Farmworkers Grape Boycott isaimed at reducing the dangers of pesticides to farmworkers and consumers. The UFW boycott has four goals: 1) Freeand Fair union elections for farmworkers; 2) A ban on five of the most toxic pesticides; 3) Joint UFW-grower testing for pesticide residues on grapes in groceries and public release of findings; 4) Good faith bargaining by growers. The boycott targets the large corporate California growers who have used their wealth to manipulate government regulation and violently crush farmworker efforts to build a decent life. Cesar Chavez, the UFW president who is over 60 years old, nearly died in a recent hunger strike aimed at building the cause for the union's boycott. The National Lawyers Guild, along with progressive and unions organizations around the country, is fighting to build support for the grape boycott. We at the NLG hope that all UB law students will support the grape boycott. Troy Oechsner National Lawyers Guild Member LaSalle Area Targeted For Toxic Waste Dump Site by Jennifer Latham and Jim Monroe CECOS International, Inc. has applied for a permit to build another potentially problematic hazardous waste landfill which will involve approximately twobillion pounds of toxic waste. The recommended site, in the LaSalle area, will contain 130 times more waste than Love Canal and sits on permeable dolomite. The LaSalle dump site is crossed by six swales which are potential funnels to the Niagara River and LaSalle's neighborhoods. residential Two running streams, Pike Creek and Tuscarora Creek, THE ENVIRONMENTAL LAW SOCIETY PRESENTS Tim Eder Field Coordinator for Great Lakes United He will be discussing the international legal aspects of water pollution of the Great Lakes. Wednesday, November 9th at 2:00 p.m. 4th Floor Lounge **Bring Your Lunch!** flow out of theCECOS' complex and, coupled with a perenially high water table under permeable dolomite, conditions are ripe for the spread of toxics to the six thousand children attending the eleven schools located within one and one-half miles of the hazardous waste site. "The technology being used in the bed liner design will eventually leak and by all government estimates it will begin leaking in less than 50 years." Niagara County contains 68% of all hazardous wastes dumped in New York and the new facility that CECOS proposes is five times as large as any of its previous five dumps. The technology being used in the bed liner design will eventually leak and by all government estimates it will begin leaking in less than 50 years. Three of the original five CECOS dumps are suspected of leakage. The exact source of the leakage is suspect because a nearby DvPont dump leaks into the same area. However, there is no reason to believe that some leakage is not occuring at the CECOS site and the government is investigating 27 areas on the 385 acre complex. CECOS has been fined fourteen times from 1981 to 1986 and recently has been fined $35,000 for violation of government regulations. Many of these fines are due to the releases of toxic chemicals while loading and unloading waste. Niagara County has been issued an interlocutory injunction to stop the building of this new site. Citizens Action has joined the suit and requested the help of interested law students. A group of concerned students was asked to gather information to fairly assess the risks of transporting hazardous waste in Niagara County. Hearings began last month and will continue at the Hotel Niagara on Tuesday, November Ist. The hearings are open to the public. Further information will be included in the next issue of The Opinion. tionally, the evidence, no matter how incriminating it may be, will generally be excluded from the evidence presented at trial (it should be noted that this is a very simple description of a very complex issue). What the rule does, in effect, is deprive the jury from seeing evidence that might be instrumental in proving a defendant's guilt. To this extent, it's possible for a culpable defendant to go free due to the inadmissibility of incriminating evidence. The rationale behind this rule is that it prevents law enforcement officials from infringing upon a person's constitutional rights. In effect, holding the exclusionary rule over the officer's head acts to deter unconstitutional conduct on the part of the officer. While the deterrent effect of the exclusionary rule is arguably substantial, one must question the correlation between the violation and the penalty. Instead of directly punishing the law enforcement official responsible for the violation, the rule punishes society (by releasing, in many instances, culpable defendants), and does very little to serve justice. Potentially, there are other methods which might be used to deter unconstitutional activity among law enforcement officials (i.e., monetary penalties). While any surrogate method would have its problems, it's hard to imagine any problem worse than letting culpable defendants back onto the streets. Another creature of efficiency is the plea-bargain. Because the criminal justice system is in a perpetual state of backlog, our society has found it necessary to compromise the Sixth Amendment right to a trial by jury. The rationale is that since court-time is so sparse,the way to remedy the problem is by offering defendants the opportunity to plead "guilty" in exchange for a reduced sentence. In this instance, thefilm never even makes it to the "cutting room." Not only does the plea bargain work to deprive defendants the right to be tried by a jury (although the decision on the part of the defendant to plead is "voluntary," there have been many cases in which the decision has been made ignorantly), but it has also allowed guilty defendants to serve grossly reduced sentences for very serious crimes. At their best, plea bargaining and the exclusionary rule function as necessary evils. In a society where court time was plentiful, and law enforcement officials not susceptible to human nature, there would be no need for either creation. Unfortunately, this imaginary society is as Utopian as the notion of pure justice itself. While the plea bargain is as much a creature of economics as efficiency, the true economic bias of the legal system is seen clearly withinthe private sector. Guilt or innocence, in many instances, is directly related to a defendant's financial state. With this in mind, Dershowitz is quick to point out that if yon Bulow had been indigent, he would most likely be in jail. At his first trial, although adequately represented, yon Bulow was easily convicted. As it turns out, his chief attorney for the first trial (Herald Price Fahringer, a UB Law School graduate), did a less than adequate job of investigating certain facts, and took for granted many of the facts presented by the prosecution. Yon Bulow then hired Dershowitz, who used a team of student investigators to uncover new facts, while simultaneously debunking some of the facts that the prosecution had presented at the first trial. Yon Bulow also hired several expert witnesses to testify on his behalf. Ultimately, yon Bulow's attorneys, in preparation for the second trial, were able to "re-edit" the "film" that had been shown to the jury at the first trial, adding facts that were crucial to establishing his innocence. Obviously, these types of resources are not available to most defendants. In many cases, defendants are lucky if they receive adequate representation, let alone high priced attorneys and expert witnesses. In at least some cases, further investigation is required to produce facts pertinent to establishing the guilt or innocence of a defendant. The question is: how does this affect the outcome of justice? I think it's fairly clear that the fewer facts a jury is presented, the higher the probability that justice won't be served. There is an old parable about the client who asks his attorney how much his fee will be. The attorney replies, "Well, just how much justice can you afford?" In the realm of the criminal justice system, it is obvious that justice is obtained a high price. On the one hand, it is a price that the government isn't willing to pay. On the other, it is a price that the average defendant simply can't pay. Phi Alpha Delta Law Fraternity International Announces Its Fall 1988 Initiation Come find Out What P.A.D. is all about Thursday, November 10th in Room 106 at 3:30 Guest Speaker: Dave W. Wilson, District XXI Justice (A Public Service Announcement by The Opinion) THE PASSWORD: Need Briefs, Memos, Seminar Papers Typed? LEGAL SECRETARY WITH 15 YEARS EXPERIwill do typing in ENCE Clarence home. her Reasonable rates. Call Cheryl at 741-2519. — 41$ Seventh Avenue, Suite 62 New York. New York 10001 (212)i94-}696 (201) 623-JJ6J November 9, 1988 The Opinion 7 �The Kaplan-SMH Approach I I Comprehensive Texts 44 Your written materials are concise, complete, easy to absorb, and I Expert Lecturers HI found your thorough, .jfiSSi fe^ no-nonsense teaching never superfluous. J) „/»■*"«» The Kaplan-SMH Approach L \ ■ concentration on {w\W Wm\ %I test-taking spelled £/*e difference. J)- r* X W* V I hIKAPLAN-SMH IBAR REVIEW SERVICES ■ ITTB STANLEY H. The Kaplan-SMH Approach I I Question Practice 44 I saw some of your competitors' products, and honestly, all they have is substantive law. The "practice" element on questions is missing. J9 I / II ■■= \ I /I KAPLANSMH I PiIBAR ■ M STANLEY H. ' REVIEW SERVICES The Kaplan-SMH Approach I We Put It All Together 44 The course was well structured and sensibly paced . . ..W -—~~~~ NA/ED^ 1 ——" —7 I I ~~26\ QueS f V aSed "Po n I —— \ to^ilL— 4—— ?7l m 8 7\ 1 ___ \V-B 1 — —— 4 61 M KAPLANSMH I I M I BAR REVIEW SERVICES ■ IBAR REVIEW SERVICES ■ ET RTTB STANLEY H. (800) KAP-PEST (800)343-9188 8 The Opinion November 9, 1988 I H M STANLEY H. STANLEY H. KAPLAN ED. CTR. LTD. BUFFALO AREA 1330 Niagara Falls Boulevard Tonawanda, New York 14150-8917 (716) 837-8022 ssOC �Jessup Moot Court Team Prepares For Competition This year's Buffalo Law School Philip C. Jessup International Law Moot Court team has been announced. Second year students Nan Klingman, Todd Williams, Margaret Barton and Daniel Menscher will be the school's competitors while third year students Kimi King and Jennifer Krieger act as coordinators. Troy Kelley, also a third year, will be a supervisor and alternate oral advocate. ternational Monetary Fund, and by the Legal Affairs Counselor from the Soviet Union's Mission to the United Nations, involves a diplomatic immunity defense used by an ambassador charged with a narcotics violation. by Alexei Schacht News Editor The 1988Jessup Competition is the 28th annual of what is now the largest Moot Court competition in the world. Buffalo Law School's team will compete in the United States Regional competition in Boston in February. If they do well enough they will advance to the National finals in Washington, D.C. and finally on to the International finals at the Hague in front of the International Court of Justice. This year's problem, created by an attorney from the law firm Milbank, Tweed, Hadley & McCloy, a member of the faculty at the London School of Economics, a lawyer at the In- Since many schools that compete in the Jessup Competition take a "course" in the Jessup, they get both actual international law training in preparation for the competition, and academic credit. The Buffalo team, described by Troy Kelley as "the strongest team ever" from Buffalo, will be aided by four members of the Buffalo Law School family in an effort to better compete with the aforementioned schools. In this vein, the four people will teach four separate mini-courses in relevant areas. Assistant Dean Virginia Leary will teach general principles of international law; Law Librarian Nina Cascio will teach international legal research; former Jessup Board member Susan Collins will bean oral advocacy coach; and former Board member Peter Baxter will teach fundamentals of international law sources and litigation. As a result, this Buffalo team, according to Kelley, will be "more prepared this year than ever before." Bon chance Buffalo Jessup Moot Court Team. Anacone's Grill Site Of Racial Controversy by John Wenzke Friday October 14th did not start out any different than usual. A group of us planned to meet at one of our favorite watering holes, Anacone's Bar and Grill. The plans were not un- usual: a game of pool, esoteric conversation, and inexpensive pitchers of Molson's. This simple tranquility came to a shattering end when the bar emptied at what first appeared to be a brawl taken outside. Although curious about the "activities," a friend convinced me to ignore thetemptation of the crowd and continue in our conversation. A short while later a fellow law student told me that I had better come outside because two windows in my car had been broken. Exiting the bar I noticed the crowd that had gathered was large and angry. Needless to say, I was pissed. The police had two or three black kids in custody who I was led to believe broke the windows. As I headed for the police car to tell them to bust the kids, the crowd shouted a barage of racial slurs and foamed with bigotry. The only witness to the crime was a young woman who, possibly having been threatened, may well have been a victim. I asked her if she could identify the kids who broke the windows. She said "I don't know, they were just a couple off g niggers. They all look alike." Clearly, no reasonable identification could be made. Calm eventually prevailed after several bigots faced off with the cops. They made it clear, in no uncertain terms, what they were going to do to the "niggers". I cleaned my car and went back into the bar. Looking around I noticed that there were no black people in the bar. I never saw people of color there. The other faces were all familiar, but now they were all alien. I had previously never heard them scream about the "niggers". As I spoke to several of them over the next hour or so, I was appalled at the degree and depth of the racism and hatred. Anacone's is no different than any other bar. You see the same faces everywhere. It was just that on this one particular Friday night, theracism was out in the open. Some kids were out in the streets with nothing better to do and they ran across some bigots looking for an excuse to hate. The bad met the ugly. I can't help but laugh at myself for having thought that things have changed more than they have. Racism affects us all in negative ways. It may be through the traditional understandings of the degradation of a race: lynchings, discrimination, slavery, etc. But similarly, it affects all of us through either broken windows or the sterility of a homogeneous culture. This sterility pervades bars and most other forms of social gathering. Clearly, racism's To compliment the discussion on racial violence, the Editors have decided to reprint the article titled "Reality of Racism as a Criminal Act: Impact on a Legal Career Decision", The Opinion, March 16, 1987, written by Daniel Ibarrondo as a contributor at the time. First Year Exam Blues? Feeling Lost and Confused? Need to Put Things into Perspective? You are not alone. Phi Alpha Delta Law Fraternity International invites you to watch our video titled "Law School: Make it a Positive Experience." Come find out what your teachers expect from you and learn how to avoid First Year Trauma. Today! Wednesday, Nov. 9th in Room 210 at 5:00. (A Public Service Announcement by The Opinion) most devastating effect is in the flames of hatred and fear itfans. Having had one bubble of hope popped, I can only pray that the degree of racism in thisartificial environment known as law school is nowhere near as severe. This article has been a personal note because it is my belief that the only way to cure this social ill is if we all de- nounce it when it occurs. There are certain times in life when we simply have a duty to speak up and be heard. This is one of those times. Reality ofRacism as a Criminal Act: Impact on a Legal Career Decision by Daniel Ibarrondo In the summer of 1979, a Puerto Rican youth with a history of mental disorder was pumped with 16 bullets by four New York City police officers. Each police officer shot four bullets into this young man's body because he attacked one of them with a pairof scissors. I was a pre-medical student at the University of Puerto Rico before arriving in the United States in 1978. My intention was to continue medical studies at Fordham University. The above incident was a turning point in my career decision. My counselor at Fordham University couldn't understand my reason for a career change after examining what appeared to be a promising future in the medical profession. Not knowing the Puerto Rican situation in the mainland and having been confronted with news stories such as the above, reality dictated that police officers, and not cancer, were the major killer of my people. The headline news in the New York Post and local Black and Hispanic newspapers continued with stories such as the death of Victor Rhodes, a 16-year-old stomped into a coma by Hasidic students in Crown Heights in 1978; the death of Arthur Miller, a civic leader killed by police officers in 1978;the death of Willie Turks, a Black transit worker killed in 1982 in the Gravesend section of Brooklyn by white youths; the Eleanor Bumpers case; and the stabbing of Gary Moy, an Asian man, by white Brooklyn youths earlier last year. I decided that the study of law was necessary in order to protect my community against police brutality, racial violence and discrimination. The study of law would also protect me against injustices that I have personally experienced. I thought the study of law and the isolation that Buffalo provides would give me the peace of mind to contemplate on these matters and the plight of the Puerto Rican community. However, I found myself a vie- Tim of the racist attitudes of two Buffalo police officers in a trumped-up traffic violation. I think they must have just finished seeing the movie "Soul Man." The incident haunted me well into the week before finals when the matter was adjudicated with a prefabricated guilty sentence. As I sat in the waiting room after the verdict was made, it dawned on me that lawyer or not these incidents will not cease to happen. There is no justice; it's just us! In the Law School itself I realized that racial divisions and racial graffiti in the classrooms and bathroom stalls will not end. The anxiety of first semester exams culminated with the news of the death of Michael Griffith in the Howard Beach section of Brooklyn on December 20. I wondered whether New York State legislators and government representatives in Washington, D.C. are aware of the Buffalo Model. Do law courses exist in how to protect oneself against racial discrimination and violence? Fundamentally, racism and discrimination could not be maintained except through enforcement by the government. This concept may be difficult to understand because we view the government as an entity with a potential force against discrimination. Some may argue that the times have changed and the situation is no longer the same given the many social and economic reforms that have been made in the last 25 years. It hasn't changed much; it's the same problem wearing a different dress. I believe that racism should be outlawed. While the social and economic reforms have been beneficial, it is also necessary to change the law to adapt to socioeconomic changes in our society. Many forms of discrimination are illegal, but not felonious. Nobody has ever been imprisoned for discriminating against a Black, Hispanic or Asian, for insulting him verbally, for slandering his race; and very few have been penal- ized for assaulting or even murdering a Black, Hispanic or Asian. Racism, in any form, must be made a crimefor which individuals are punished severely. Police officers who unnecessarily shoot and kill nonCaucasians should be subject to the same penalties as all other murderers' It is said that you can't legislate human nature, or compel people to shed their prejudices. It is said that in this racist society no person is wholly free of racist prejudices. But you can compel rational people to restrain and contain racism, just as the great majority of people are compelled by the power of law to restrain impulses to steal, to assault hostile people, and commit other legally criminal acts. It can just as well be said that no person in this society is wholly free of criminal ideas in some form or other, in some degree of intensity. But the great majority have the common sense to repress such tendencies, and they tend to become vestigial aspects of consciousness. Similarly, a legal prohibition against racist actions and expressions will inhibit and repress racist ideology, and help lead to its gradual decline and ultimate disappearance. We first year students were told by our professors to contemplate on the study of law and what it meant to us. It dawned on me that we law students carry a large measure of responsibility. The process of justice is in large part the measure of decency of a society. We as law students and eventually practicing attorneys, must concern ourselves with other matters of our society whether we work in public interest firms or private practice. It is only fair that we, who will make our livelihoods from the legal profession and the judicial process, should act as its guardian within the scope of making a decent society for all. After all, if lawyers are not morally obliged to carry this responsibility then who is? November 9, 1988 The Opinion 9 �Defendant Rusk Relays Mock Trial Experience (A perennial favoriteamong the first year students is the opportunity to re-enact the infamous daterape case ofState v. Rusk. The mock trial as conducted by Prof Charles Ewing continues to be a viable learning experience. Here we get the view of the case from the "rapist's" viewpoint.) by Len B. Cooper After a seemingly interminable wait, the jury finally came into the courtroom. Within moments my freedom over the next twenty-odd /ears would be decided by total strangers (O.K. maybe not total strangers— I thought I recognized some of the Section 2 jurists). My mind drifted back Although the acts for which I was on trial occurred several years ago I had never heard of them until I studied the case in Criminal Law this year. And they did not take on a personal significance until I volunteered (with some coercion) to be the defendant in the mock trial criminal case of Sfafe v. Rusk. I'm not quite sure if I should have taken it as a compliment, but a significant number of my peers felt that I had certain qualities "innocent" that prompted such assured comments as "no jury could ever convict someone like you." Hmmm. Anyway, Edward Rusk the rapist was who I became. It started off as a pretty fun thing. Hey look at me I'm a rapist! But somehow, as the trial got closer I found myself getting a bit more nervous. Sure they couldn't REALLYcon- .. — — — — — vict me but they could at least rip me to shreds on the witness stand. And I heard that I would be up before a hanging judge. So I started practicing. No way were they going to nail Fast Eddie Rusk. I was innocent! Now if I could only come up with a story that the jury would buy. This is one of the weird parts of mock trial: as the defendant, you don't really know what the real life facts of the person you are portraying really are so you make them up (within reasonable bounds of course; you're limited to extrapolations based on the fact sheet we are given). So the trial begins. I've got my hair cut to super-respectable short length. I'm wearing my best blue pinstripe suit with a pink paisley tie. I'm Mr. Credible. The prosecutrix (rape vie- — tim) gives a horrifying account of the terrible ordeal I put her through. She sounds terrifying. I'm ready to convict myself. The Jury is looking awfully mean around this time. But then it's my turn to take the stand. I start off by telling the court about my beautiful two year old son Joshua who I take to the zoo: he's the center of my life. An undercurrent of gagging sweetness sweeps through the court. I'm on a roll. By the time I tell the court how I brushed my teeth to spare my "victim" the maleficent odors of my "chicken-wingy breath" they're rolling in the aisles. But it's a weird feeling. I'm not really trying for laughs I'm justsort of intensifying natural tendencies. So, no wonder when I fumble to straighten out my glasses and I accidentally knock them across the witness stand I am told how "natural" it looked. When I try to rattle the prosecution's cross examiner by "innocently" asking the judge for a glass of water ("I'm VERY that the poor woman went through. But when I look over to the jury, horror is thefurthest thing from their minds. Hey this was working. So I continue to misunderstand the prosecutor's questions. Add in a lot of dumbfounded looks. And then it's all over. And the waiting begins. Three months???! "I'll miss the SUPER BOWL!", I yell as they drag me away. All in all an interesting experience. A possible twenty-five year penalty reduced to three months. I'm told by friends that the reason I got off was because the jury couldn't convict someone On the charge of first degree rape: Not guilty. Yahooo!!! Heh. Heh. Knew it all the time. On the charge of first degree sexual abuse: Not guilty. Yahooo!!! Of course. (They added this "bogus" charge at the last minute before our trial. Our "impartial" judge couldn't see the harm.) Finally, on the charge of third degree sexual abuse: Guilty. Yaaa-HUH??!!?? Guilty?? Did they say GUILTY!?! Before I know it the bailiff is strong-arming me up to the bench for sentencing (and they say that the wheels of justice move slowly!). "You're a slime ball Mr. Rusk!," the Judge exhorts, "It ill behooves me to only be able to give you a maximum penalty of three months!" who looked that much like a bumbler of rape. Does real life really work this way? Can defendants really throw off juries with acts? Was it an act? Did the fact that the jury knew this wasn't 'real' influence things? — — thirsty your honor"), I get the biggest laugh of the night. I, myself can't seem to keep a straight face. This is terrible. They're going to think I'm making fun of the terrible ordeal Questions. Questions. Questions. But —hey! That's what law school's all about, right? THE PASSWORD: 415 Seventh Avenue. Suite 62 New York. New York 10001 (212) 594-3696 (201) 623-336) Without Pieper, You Could Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's what you'll get at THE PIEPER BAR REVIEW. It provides a complete lecture series, essay writing, multistate practice exams, books and a seminar for the MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. (<fl PIEPER NEW YORTr-^ MULTI STATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, N.Y. 11501 (516) 747-4311 10 The Opinion November 9, 1988 �■ International Law Conference Held at UB Law morning session proved most valuable in answering questions about how to pursue careers in international law. Dennis Vacco noted that he looks for extra special/non-related experience that distinguishes one from the rest of the applicants in the market. Pamela Davis Heilman noted that opportunities for international law are also available in Buffalo, Detroit, Cleveland, Minneapolis, as well as New York City. James Truman Bidwell, Jr. said one looks for 'hooks' in a resume when interviewing potential candidates. Bidwell again re-emphasized that one must first be a good domestic lawyer before entering the field of international law. The afternoon session began with Professor John A. Spanogle, who teaches at SUNY at Buffalo Law School. Spanogle served as chief of the U.S. Delegation to UNCITRAL and has numerous publications to his credit in the area of international law. Professor Spanogle began by pointing out four ways of practicing international law: in the private arena, as in-house counsel, in U.S. government agencies and in international agencies. He noted that lawyers usually have an international aspect to theirpractice because their clients have an international aspect to their business. One needs to understand a wide range of foreign law and treaties if they want to practice in the international realm. He concluded by stating that it is more important to take basic traditional law courses than boutique courses in international law. Bennett A. Caplan, an international trade attorney with McDermott, Will and Emery, graduated from Boston College Law School and has a Masters in International Relations from the Fletcher School of Law and Diplomacy. Caplan pointed out that one does not have to get a job with the State Department to be involved in international law; the International Law Department of DOT, the U.S. Trade Representative Office of the Department of Agriculture and the International Trade Commission are viable options. However, he went on to state that many of these government agencies do not interview on campus and that one has to bang down their doors to get a job. Caplan concluded by saying that some boutique courses may be helpful in carving out a niche for oneself in international law. Lesley N. Reizes, a partner in the Waverly, N.Y. firm of Friedlander, Friedlander, Reizes and Joch, P.C., brought a small town perspective to the discussion of career options in international law. Reizes' main observation was that one does not have to practice law in a large firm to practice international law. While Reizes always wanted to be a country lawyer, however invariably he got involved in international law when his firm got an account with the Canadian Lumber Company. Reizes concluded by acknowledging that small firms have less resources and that the big deals go to the big firms. Next, Dennis J. Gallagher of the Office of the Legal Advisor spoke on Public International Law. Gallagher, who graduated magna cum laude from the University of Wisconsin School of Law, also serves as Chief of the Iran Small Claims Division for the office of International Claims and Investment Disputes for the U.S. Department of State. Gallagher described himself as being autonomous within his department of one hundred lawyers. He noted that, in his troduction of international law principles in other courses. It was clearly demonstrated that law and legal transactions, like the world at large, had developed an interdependent role. It was agreed upon by most if not all of the participants and panelists that there are numerous international transactions with domestic implications as well as domestic transactions with international implications. There is an obvious fusion of international law with domestic area, one has to be legal coun- law courses. Torts, for example, is a field where the international aspects of conflict resolutions can suggest different methods. Business law, contracts and tax are also domestic courses which have international ramifications. sel for all different types of international matters, within the State Department as the department's primary client. In his field, Gallagher felt that Constitutional Law is the most important subject one could specialize in during law school. Jonathan Malamud, an attorney with the N.Y.C. firm of Graham and James, spoke next. Malamud received his J.D. from UB Law and his L.L.M. from the of University Washington Law School and was previously employed by Hamada and Matsumato of Tokyo for two years and Anderson, Mori and Rakinowitz for another two years. Malamud began by pointing out that he was hired as a foreign legal trainee primarily because of his approach to problem solving and interaction with clients. Malamud noted the different level of legal sophistication he encountered when dealing with Japanese and other foreign clients. The smaller firms often sent people who needed a great deal of hard workers while the larger firms, as a rule, seemed to send more sophisticated, experienced representatives. Finally, Mr. Halpern concluded by saying that he hoped that all the conference participants benefitted by the wide array of professionals that showed their knowledge and experiences to them that day. He voiced hope that such an event provided a valuable perspective to those who still felt an urge to practice international law. Program II Exploring the Need for Academic Programs in International Law Included as part of the International Law Conference's agenda for the full day event, was a symposium on Academic Programs moderated by Associate Dean Virginia Leary and comprised of a panel of law professors from throughout the United States and Canada. The bulk of participants in this part of the program were law professors who gathered together to discuss the implementation of international law related courses in United States and Canadian law schools as well as the variousteaching methods and approaches used in the in- : International law in most European law schools is a re- quired course. Unlike American law schools where international law is a course elective and is taught in one semester, European schools teach international law for an entire year finding it difficult to teach in a semesterly plan due to the discreet and different nature of the field, such as European Economic Community Law. Professor Burns Weston of the University of lowa Law School remarked that there are a lot of American judges/attorneys who are not familiar with international law. "Very few, a miniscule amount of judges use principles of international law and cases in their decisions." The work of UB Law School's librarian, Nina Cascio, was praised as useful, needed and practical. Nina Cascio conducts a course on International Law Research. It was suggested that her work be implemented by other law school librarians. All the panelists and participants agreed that this type of conference was greatly needed. The interaction and comments shared were of a valuable experience. This was shared by who practitioners present stated that communication bepractitioners tween and academia of this nature be continued on a permanent basis, especially since the advent of the United States-Canadian Free Trade Agreement. Patricia Youngblood of Al- continued from page I bany Law School was chosen as the coordinator of the group so that the group can meet again in the future. Program III: Selected Issues in International Trade For The General Practitioner Six attorneys spoke on issues associated with the internationalization of private practice relevant to today's practicing attorneys. David Butler of McMillan, Binch in Toronto, Canada was the first speaker. He focused his talk on selecting foreign counsel. Mr. Butler suggested that one of the most important things a U.S. attorney can do in selecting foreign counsel is to "identify the immediate, near term and long term needs of the client." After these needs are recognized, then any other parameters should be identified. Falling into this category are items such as qualification to practice in the foreign jurisdiction (i.e. are they properly licensed?), ex- perience, geographic proximity, cost, referral capability and lack of any disqualifying conflicts. Mr. Butler also stressed that U.S. attorneys should be cautious in dealings with Canada, as there is a tendency to ignorethe differences between the Canadian and U.S. legal systems. Import/export control laws was the topic of the next speaker, James Meagley of Phillips, Lytle, Hitchcock, Blame and Huber. Mr. Meagley gave practical advice on where to look for help when a client is planning on importing or exporting goods. When importing goods, Mr. Meagley pointed out that the duties paid on the goods initially are only estimated and that the U.S. Customs Service has up to one year to compute the actual amount of duties. When a client is exporting goods to Canada, Mr. Meagley suggested that the attorney should make sure that the final destination of the goods really is Canada and that the goods aren't being shipped through Canada to a third country or being shipped through Canada to another destination in the U.S. Ellen Yost of Jaeckle, Fleischman and Mugel, next explained some of the intricacies of distribution agreements with foreign agencies. Ms. Yost urged attorneys to stay involved with overseas distribution agreements once they have beenfinalized and not turn the whole project over to counsel in the distributing country. Included in an international distribution agreement should be such things as the effective starting date, cost of getting out of the agreement, and "just cause" provisions. Ms. Yost noted that distribution agreements with foreign agencies should be as explicit as possible. Two other important things to be considered in getting involved in these types of agreements are licensing (making sure trademarks are registered in the client's name in the foreign country) and franchising (laws vary greatly from country to country). Tax considerations were the next topic of discussion. Arnold Zelman of Moot and Sprague tackled this broad and complicated area. Basic rules to be remembered when considering expanding a business into a foreign country are: 1) The tax laws of more countries than the country where the business is located may be involved; 2) Treaties sometimes modify the law and 3) There are three transactions involved, incorporation, operation and liquidation. Mr. Zelman also warned that the U.S. can tax a foreign branch of a U.S. company in two ways. First, the U.S. can tax any income that is earned in the U.S. and connected with "the foreign branch, and second, there is a 30% branch tax on profits earned by the foreign branch that are not reinvested in the U.S. branch. Money was also a key component in the topic of the next speaker. John Amershadian of Hodgson, Russ, Andrews, Woods and Goodyear, discussed letters ofcredit as a way of finanacing foreign transactions. A letter of credit is issued by a U.S. bank to a U.S. party who wishes to purchase goods from a foreign party. The letter of credit tells the seller that he is safe to ship his goods because the bankwill back up the purchaser. Applications for letters of credit are made by the purchasing party. Mr. Amershadian urged attorneys to fill out these applications rather than the businessman involved because precision is important and even the smallest inconsistency can invalidate the letter in its final form. Scott Friedman of Kavinoky and Cook was the final speaker in the program. He spoke largely on the benefits of using arbitration ratherthan litigation to settle international disputes. Cost and time reduction, easier enforcement of agreements and ease in obtaining a fair forum are among the advantages of arbitration. Litigation typically takes place in our federal courts and often foreign parties are hostile to our methodsof discovery. An arbitration site can be chosen to meet the needs of both parties and thus lessen hostilities. Arbitration has its disadvantages, but Mr. Friedman seemed to think them lesser in weight than the advantages. Some of the disadvantages he mentioned are 1) provisional remedies such as injunctions are not available; 2) the fees of private arbitrators have to be worked out and 3) broad discovery may not be available if you want it discovery rules are silent. The program was well received by students and practitioners in the audience. — November 9, 1988 The Opinion 11 �I ATTENTION: FIRST YEAR STUDENTS I I FREE LECTURES I I I I I I I ® HOW TO MAXIMIZE YOUR SCORES ON FIRST YEAR EXAMS © CRIMINAL LAW SAT. NOV. 12 RMIO9 ®10AM-11 AM (2)11:30AM-2PM I 12 -VIDEOTAPE LECTURES- The Opinion November 9, 1988 I I I I I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f187aedd9adf00d02b53ce0ab5fdfbef.pdf 6be76beddcb6e408cabcd74d3fa9d7fe PDF Text Text NLG Holds Candlelight Vigil for Civil Rights by Bruce Brown The U.S. Supreme Court's surprise decision to reconsider the 1976 landmark civil rights decision in Runyon v. McCrary prompted the National Lawyers Guild to hold a candlelight vigil in front of the Federal Office Building on Tuesday, October 11. About fifty law students and local attorneys braved the unusually cold weather to get out the message that people will not stand idly by while there is a danger that hard fought rights may be eroded by the "Rehnquist Court." The case that is worrying the NLG, Patterson v. McLean Credit Union, began with the layoff of a black clerk at a credit union in North Carolina. Her suit, which alleged racial discrimination and harassment, has now exploded into a review of the Supreme Court decision considered a cornerstone of our civil rights protection. In Runyonthe Supreme Court held that the Civil Rights act of 1866 was violated when a private school refused to admit a black child on the basis of race. The court found that the act applied to the making and en- Volume 29, No. 6 forcing of purely private contracts and that it was illegal for the school to use race as a basis for refusing to contract with the parents of the child. Since that decision the statute has been used to remedy more than a hundred cases of private racial and ethnic discrimination including enabling Vietnamese fishermen off the coast of Texas to sue the Ku Klux Klan for intimidating them in their fishing business, to prevent a private cemetary from refusing to sell gravesites to the family of a black Vietnam war veteran, and to pursue antiSemitic vandals charged with the desecration of synagogue. Should Runyon be overruled the vigil's participants fear this remedy will no longer exist and that a strong message will be sent out that the court is no longer as willing to protect the rights of minorities against private discrimination or racial violence. This fall marks the beginning of the first full term of the U.S. Supreme court since the appointment of Justice Anthony Kennedy, and there is a feeling that the court's balance may have tipped solidly in favor of the conservatives. The concern here is that the voluntary review of Runyon signals a change in direction that Lisa Morowitz, one of the vigil's organizers, called the "first step in a long road to end the civil rights gains we've made in the past two decades." This term the Justices will be deciding a group of cases sure to be of interest to American on both the left and right sides of the political spectrum. They include cases on drug testing, affirmative action, capital punishment of minors, and possibly abortion. Whether or not the leaders of the "Reagan revolution" can muster the five votes they need for the court to transform their agenda into precendent is yet to be determined. What is certain, however, is that this is the year in which the "Rehnquist Court" will come into it full bloom. Professor Muhammed Kenyatta expressed his fear on Tuesday by saying that, "no matter who wins the election we face a Supreme Court who do not take seriously human equality." The protest, which was timed to fall on the night before the court was scheduled to hear arguments in the case, was part of a nation wide action by the Guild to alert people to what they feel is "a major first at- tempt for a conservative and right-wing agenda to sanction the existence of a racially divided and polarized country." This case has attracted an unusual amount of attention. Amicus curiae briefs have been filed in support of maintaining Runyon on behalf of 67 senators, 119 congressmen, 47 state attorney generals, and more than 100 major civil rights, church and labor organizations. TOHE PTNION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 26, 1988 Kenyatta, Civil Rights Activist, Joins UB Law Faculty UB Law is honored to have Prof. Muhammed Isaiah Kenyatta on its faculty. Mr. Kenyatta brings to the law school and the Buffalo community his experience as a civil rights activist in Philadelphia. by Daniel Ibarrondo Cruz Editor-in-Chief Although new to the law school and Buffalo, his name is a familiar one to Philadelphians. Mr. Kenyatta ran for mayor against Frank Rizzo, was active in civil rights and black nationalist issues around Philadelphia for more than a decade. He has had his life threatened when he attacked drug dealers in Philly's black ghetto. Prof. Kenyatta is currently teaching "Race, Racism and the Law." A few weeks ago, he spoke at the National Lawyer's Guild candlelight vigil protesting the Supreme Court's hearing of Runyon. A 1984 graduate of Harvard Law School, Mr. Kenyatta obtained his Bachelor of Arts from Williams College. He has taught courses in political science, theology humanities, and urban studies at his Alma Mater, Williams College, Haverford College, College of Wooster and Temple University. An avid writer, Mr. Kenyatta has published works in theology, political science and law. He also enjoys writing poetry and fiction. In recognition of his devoted affirmation of Africanity, Mr. Kenyatta was Vice-Chairperson and Administrative Consultant to the Pan African Skills Project (U.S.A., Tanzania, Ghana) and served as a permanent representative to the NGO Section (Non-Governmental Organizations) of the United Nations. In addition, he served as a guest observer to the Organization of African Unity's Heads of State Conference in Addis Ababa, Ethiopia. Although his academic career and educational pursuits were not clear of the numerous pitfalls and struggles that plague minority students, Mr. Kenyatta managed and was awarded a fellowship by the Harvard Divinity School Merrill Fellow and a Harvard Fellow in Public Interest Law. While in Philadelphia, he worked with the local chapter of civil rights leader James Foreman's Black Economic Development Conference (BEDC), and was named its executive director. In this capacity, he de- manded that white churches pay $500 million in reparations to blacks. Nobody agreed, but the campaign raised important issues about the obligations of white society to repairthe damage done to blacks. Born Donald brooks Jackson on March 3, 1944 in the west which end ghetto of Chester he describes as "a Jim Crow town," he changed his name in 1968 "as an affirmation of Africanity." Muhammed is for Elijah Muhammed (founder of the Black Muslims), Isaiah for hisfavorite biblical prophet and Kenyatta for Jomo Kenyatta, independence the Kenyan leader. Converted at age 7 in what he describes as a "backwoods religious revival" outside LynDonald chburg, Virginia, "heard the call" when he was 12. He was licensed to preach two years later. "The school system was totally segregated until the tenth grade," Kenyatta recalls. Blacks were expected to finish high school and go to the mills. But before his senior year his family moved to North Philadelphia, where he attended Thomas A. Edison High School. He recalls some white teachers who "treated black students like intrusions from another world" and a few, especially Jewish teachers, "who affirmed and identified with the new Negro freedom struggle." That experience, Kenyatta writes in the spring issue of Dicta, the Harvard Law School student magazine, "shaped my com- — prehension of White America as I learned paradoxically to believe in Black-and-White solidarity even while being confirmed in a deep hatred for the White American social disorder." He was ordained an assistant pastor at his uncle's storefront North Philly church, Solid Rock Baptist Church, and went off to traditionally black Lincoln University at the age of 16. There was no money for a second year at Lincoln, so he joined the Air Force and took his newfound political activism to Strategic Air Command (SAC) base in Oklahoma. First he tried to organize other black motor-pool drivers into refusing to deliver Air Force pilots to their planes for an alert involving Cuba. Then, when he and another 17-yearold, Archie Bufkin, decided to desegregate a whites-only restaurant in town, they spent the jail and were in night threatened with court-martial. His parents contacted the NAACP chapter in Chester, triggering an investigation into discrimination in the SAC by Philadelphia Representative Robert N.C. Nix. The results: an executive order against discrimination in the military by President Kennedy, Bufkin's transfer to Puerto Rico and Kenyatta's early "honorable" discharge. Commenting on his law school experience at Harvard, Mr. Kenyatta states that "the law school sells two lies. The first lie is that students are being invited to a stimulating experience. The student who takes a standard course is exposed to intellectual pap. The second lie is that students are being prepared for noble social ends." Ninety percent of the school's graduates go to work at corporate law firms, says Kenyatta, where they are "fasttrack flunkies for the corporation. I've never seen so many people being prepared to make so much money who are so resentful of the institution." The numerous students in his class clearly demonstrates the need and interest for a course on racism and the law, as well as a professor with Mr. Kenyatta's qualifications. HIGHLIGHTS page 7 Science and The Law DNA solves the legal queries in civiland criminal cases. Scientific evidence virtually close the gap of uncertainty. Student Opinions on The Candidates Qualifications, ideals and character play key role in assessment. . page 5 �UWVQS AHMADE NOTBOfiN :■■■■'■':■■■■'■.■■■ ■ ■■■:.■..';■.'■ :'.:;.■: .:'.:.■; . -\: d \A T All V YOU M TO PaSS. Need, All Marino Comprehensive New l York & Marino Comprehensive New programs, covering all aspects of ** A ':■ : ':.'..: II ■ ""..\ ■. C^i^^i^^i^t^^^gii^i^^i\/^^ IP'"ll_Ll IL'lj of courses. Its components include our N.J. BARPASS REVIEW (a milservice bar course complete with MBE essay practice seminars), MARINO PLUS (the latest evolution of our highly respected New Jersey I fipJFil Jl mV F# ' CLINIC. Over 110 preparation for the N.Y. & N.J. exams. These courses were ereated to satisfy the very different requirements of each state's test. And both are taught according to The Marino Method: Joe Marino's highly successful, interactive approach to problem solving. This includes personal *m m attention to each student, even step of the way. jfpjfc B^^******»!if. 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You'll receive over 170 class hours, including over 4() PygTyTW7TTffTT|TWTWTW and that's all. There are no add-ons, no ancillary or substantive lectures. You'll be taken through 75 material costs, no other courses to take or payof which are graded) complete with ments to make. Just the most thorough essays (17 model answers, 1,000 N.Y. and MBE hypoanc thoroughly successful bar exam / Jf£j> /* • theticals, 2,000 independent MBE practice preparation you can get, anywhere. / j questions, practice exams and more And Marino Bar Review, Inc. 115 E. 19th the entire program is backed up by Marino St., N.Y., N.Y. 10003 212-420-9800 books, which are rapidly becoming the gold 201-623-2327. Wf Js<*'' Ji" 1t ° |U "#1 <1 IvLIJ , 2 The Opinion October 26, 1988 sZtW2/6 fc— * Ll* �Battered Women Lecture Kicks Off AWLS Lunch Series by Lenny B. Cooper The Women Law Students Association (WLSA) started its "Brown Bag Lunch" series last Tuesday with a lecture by Dr. Charles Ewing on the topic "Legal Victimization of Battered Women." Dr. Ewing is a noted clinical psychologist who has testified in numerous criminal cases as an expert witness on legal and psychological issues; he also teaches first year criminal law here at ÜB. Ewing, a popular lecturer known for his easygoing classroom demeanor, took on a more somber attitude in describing this serious social problem. These sentiments were echoed by a crowded room of concerned people who participated in the discussion. A woman is battered in the United States every 18seconds. It is the number one cause of injury to women in the US. "It's not something that we can no longer pretend doesn't exist. It does exist and it exists in massive proportions." Ewing described this problem as one which cuts across all strata of our society with the same result: denial. This problem is so bad that people are forced to resort to psychological defense mechanisms to cope with it. The most common of these mechanisms is that of blaming the victim. To protect their "myth of invulnerability" people say that "It couldn't happen to me. I wouldn't let it happen." People use such rationalizations as "It can't be that bad, because if it was, they wouldn't put up with it." But there are strong psychological, environmental and legal factors which contribute to this problem. On a psychological level, there are three stages in a cycle of violence. First, there is a tension building stage where there is psychological and minor physical abuse. This leads to an explosive violent incident. The final stage is one of remorse and contrition where the batterer convinces the woman that he is sorry and that things will get better. The woman has a reason to stay in the relationship and the cycle continues. This psychological trap is strengthened by a phenomenon called "learned helplessness." Women who are subjected to random and repeated brutalization come to feel that they are powerless to change their environment. Psychologi- cal depression reinforces this as they are immobilized. Environmental factors help to keep women in this violent cycle. Battered women in America who do not have sufficient economic resources have no place to go. Institutions such as Buffalo's "Haven House" perception Students Apply Skills In Campus Courtroom by John McGuire Besides taking care of disciplinary problems in the University community, the Student Wide Judiciary Program gives law students a foreshadowing of courtroom battle. The program prefers secondyear law students, according to JeannetteLewis, coordinatorof the judiciary program, since such students have taken a Civil Procedure course and are not yet involved in the search for a job after graduation. According to Debra Krieger, director of the Student Prosecutors' Program, the program follows the same process that the regular court system does. usually inThe complaints volving such allegations as property damage or student ascome directly from sault either the University's Housing or Public Safety offices, Krieger said, adding that academic offenses such as cheating are handled by different Univer- — — — — sity panels. "It's our job to investigate what happened and whether the charges are appropriate," she said. On the other side is the Student Defenders' Office, also staffed by law students. According to Paul Weiss, co-director of the program, some of the cases that his office takes come directly from the City of Buffalo. "Those cases are penal violations which come from the town or county courts," Weiss said. He added that students may choose to allow such cases to be tried in the non-University courts, but student defenders do not represent them in such forums. Most of the cases handled, however, do not go to the twelve justices, who are picked from the undergraduate schools and Millard Fillmore College, the college for evening students. Instead, the prosecutor and the defendant's lawyer usually plea-bargain, then go to the judge's approval, according to Krieger, who noted that out of 112 cases prosecuted this year, most were settled before the trial started. If the case does go to trial, a panel of three judges sits, hears testimony and cross-examination, and then decides if the defendant is guilty, and, if so, what punishments should be meted out, according to Weiss. "The court is both trier-in-fact and the sentencer, should they find the student guilty," he added. Sanctions levied against guilty students range from warnings to suspensions, Weiss said. The prosecutors' office not only seeks such sanctions against students the courts find guilty, but also tries to get the students to undertake if possible some form of restitution, according to Krieger. "If someone breaks a window, we make him pay for the cost of replacing it," she said. Another form of restitution that the prosecutors' office would like to see is the institution of a community services program, Krieger added. She said that the programs would like to see more students get involved. "It's a great experience because people in the programs work on a case from start to finish," Krieger added. — — An orientation program for those interested will be scheduled on Wednesday, Oct. 19. is that laws are not enforced. What would be considered an assault under normal circumstances is only a domestic squabble when a husband hits a wife. "If we don't take it seriously, if we don't treat the beating of women as a crime then why would anyone feel any com- provide little refuge against the sheer numbers of battered women: 1100 shelters for the six million battered women in the US. When women turn to friends and family for support they receive uninformedadvice to "go back and work it out." They are told "it can't be that bad." But it is, "My message to battered women is simple: GET OUT. Things do not change. Batterers do not stop. I've never seen any evidence that you can turn a batterer around. But people don't realize this." Women who turn to legal avenues do not find much help. "The police basically have done nothing. They get there and under the best circumstances they may try to quiet the situation and leave." The lack of police attention to this problem is rooted in a myth started twenty years ago by psychologist Morton Bard. Bard claimedthat domestic violence results in more police fatalities than any other activity. There is no factual basis to this claim but police believe it. But even when closer attention is given to the problem, there is no help for the battered woman. "It's not even considered a crime in many jurisdictions to batter your wife. It's a domestic problem. It's a family problem. But as long as police, prosecutors and judges see it as a family problem for family court, then of course it's not going to be taken seriously." The consequence of this prevalent view on battered women punction about doing it? The fact is that there are many men out therewho see it as their God given right as men to beat on women." People's attitudes must be changed. "The problem goes a lot deeper than the legal system. The legal system reflects society at all levels." Ewing compared this to the civil rights problem. "We had to change behavior because we couldn't tolerate it. I think what we've seen is a change in people's attitudes resulting from a change in their behavior. I think we can do the same thing in terms of women's issues." The government must be willing to give economic sup- port to this problem. "If a woman has nowhere to go in this society to escape from a man who's beating her, then it's not a society that I want to live in." Battered women have no constituency.' "People close their eyes, ears, and hearts. They don't want to know about it." "Most of them are suffering in silence and will never be identified. The only people who can help them are people who are aware of their plight. We have some clout. When you become a lawyer you will have even more clout. Use that clout to get some help for battered women. Domestic violence is not going to go away if we ignore it." The Brown Bag Lunch series will continueto present lectures on women-related legal topics on a biweekly basis throughout the semester. The lectures are generally held on Wednesdays at 2:00 in the Fourth floor lounge of O'Brian hall. Score two points and help keep O'Brian Hall Clean! Pitch your empty cans in CANftCAN. (A Public Service Announcement by The Opinion) MARINO COMPREHENSIVE NEW YORK PRICE COMPARISON Marino Comprehensive: One Course, One Price With Marino Comprehensive you'll pay one fee and that's all. There are no add-ons, no ancillary or material costs, no other courses to take or payments to make —just the most thorough and thoroughly successful bar exam preparation you can get, anywhere. MARINO BAR/BRI PIEPER Yes $1075. No No NY BarPass Review Included Yes Specialized Essay Writing Marino Plus Included Extra charge $225.00 Specialized MBE Clinics Marino MBE Included Extra charge Specialized Marino CPLR Workshop Complete Program Bar Course Course N.Y. Practice Course - Included Full Refund Yes TOTAL (Cost of $1075.00 Policy Complete Package) Discount Discount Price - 225.00 $ 850.00 until Nov. 30 $1050. $125.00 Yes $995. Not offered. Average outside vendor cost: $300. Not offered. Average outside vendor cost: $125. Not offered. Yes No Yes Average outside vendor cost: $75. $1475.00 $1420.00 150.00 125.00 - $1325.00 until Nov. 30 - $1295.00 until Nov. 1 Note: For the purpose of* price comparison, Marino Comprehensive, a program more complete than BAR/BRI or Pieper, has added to the base price of each of the latter the extra costs a student would necessarily incur in order to cover every aspect of bar preparation contained in Marino Comprehensive. For the summer 1988 bar exam cycle 70% of all non-Marino Comprehensive students found it necessary to supplement their bar course with these extra courses. 115 East 19th Street, New York, N.Y. 10003/212-120-9800/ 1-800-J-MARINO October 26, 1988 The Opinion 3 �SBA Criticized for Total Ineffectiveness by Maurice Recchin Several weeks have now passed since the SBA elections. What's happening with the SBA? Just like politicians in the real world, our proto-politician classmates disappear after election time, content it seems to have one more item for their resumes and to gain the perks of political office (do they include faculty/staff parking stickers?), instead of acting as leaders on the issues they ran on. So in order perhaps to spur someone in the SBA to some kind of action, here are some things I would like to see addressed: Parking First and foremost, the outrageous parking situation must be addressed. What are you people doing about it? At the very minimum you should do two things: First, draft a petition expressing our concern with the situation. Begin tabling with the petition outside the law library. I'll be happy to put some time in at the table. But you people wanted to be on the SBA so you should write the petition and make copies of it. Second, begin a letter writing campaign involving all of us in thelaw school. We should write to both Sample and the Albany bureaucracy. We should also send letter to alumni asking for their help in lobbying for this situation on our behalf. If the Albany bureaucrats and Sample start getting letters from all of us, from our parents and from other allies, and from UB law alumni, maybe he'll start getting the message that we're more than a little upset about the way our interests have been ignored. You should compile an alumni list, draft a letter explaining the situation to them, and in closing ask them to help us out by writing and writing (also phoning) both the Albany bureaucrats and Sample's office. Beyond petitioning and letter writing, I believe it's your responsibility to begin making contacts with other campus government groups so that we can build a large student coalition on this fragmented campus with the ultimate goal of initiat- ihg campus wide protests. As leaders, it's your job to start this "networking" process. These protests can take a variety of forms but must involve large numbers of people in the student body. They can range from a campus-wide petition campaign, to parking lot protests involving multiple hundreds of students blocking the lots with their massed bodies, at which the local TV people should be called, to sit-ins at Sample's office. The more students we involve, the more we can employ these tactics. Of course, all these things must be nonviolent. You should begin now to form this coalition: contact the representatives of the Medical and Dental school student governments, the Business school groups, the undergraduate SA, and the GSA. You are student politicians at a giant university: get moving and do some lobbying. Student Lounge What's happening with the student lounge? The proposal outlined in last year's SBA draft of law school problems seems good, at least better than what we've got. Either come up with a better plan or start working on that one now. We need more and better lounge space. Wasted Paper in the Mailroom I don't know if this bothers anyone else, but it bothers me. I'm ashamed every time I put the paper from my box into a wastebasket. We should have a recycling bin in the mailroom. We should also recycle all the paper that is recyclable from the law school at large. The paperfrom the library and from all the various offices and the copy rooms should be put into the recycling bins. There's a man named Walter Simpson who is working to get UB to recycle its paper campus wide. He works in the building engineering department at 120 Beane Center, his number if 636-3636. Call him; he'll be happy to get some recycling bings installed here. Display of Law Periodicals I haven't yet visited other law schools but I can imagine that most other law schools that wish to be called good have a periodical area which allows browsing access to all the current periodicals much like the access we have to the periodical area of Lockwood. It's important to be able to browse through current titles. International Law Conference The Internationalization of Private Practice and Legal Education Saturday, October 29, 1988 Sponsoredby: Faculty ofLaw and Jurisprudence, State University of New York at Buffalo, New York State Bar Association InternationalLaw and Practice Section, InternationalLaw Society(SUNYAB) in cooperat/on with Barßri, William S.Hein& Co., Inc., and Council on International Studies & Programs (SUNYAB) PROGRAM I All student organizations should get on the SBA agenda for the Fall 1988 By-Law 13 compliance. Each organization failing to comply will have funds withheld. All student organizations should submit a "Calendar of Fall Events" to Ivan Khoury. By-Law 13 is going to be amended for Spring 1989 to require a "Calendar of Events" in order to receive funding for Spring 1989. Until then, it is a STRONG recommendation that groups prepare one for the Fall. Quality, Quantity, and Notice about events are some of the factors considered in the Spring Budget process. There are still some Committees which have not been completely filled. All interested persons should see Kimi (office hours 1-3 Wednesdaysand by appointment). Since the formal interviews have already been held, all appointments will be done on an ad hoc basis, subjectto ratification by the full SBA Board of Directors. DISCOVERING CAREER PATHS IN INTERNATIONAL LAW International Taxation • International Corporate Transactions • Intellectual Property Protection U.S. Customs and Immigration • International Trade and Antitrust • Foreign Investment in the U.S. International Banking, Finance and Securities • Public International Law • Practicing Abroad Corporate Counsel • PROGRAM II EXPLORING THE NEED FOR ACADEMIC PROGRAMS IN INTERNATIONAL LAW PROGRAM 111 SELECTED ISSUES IN INTERNATIONAL TRADE FOR THE GENERAL PRACTITIONER Selection of Foreign Counsel and Other Special Concerns Associated with Doing Business Abroad Import/Export Control Laws • Enforcement of International Obligations • Distribution Agreements Tax Considerations • Techniques for Financing Foreign Transactions Registration Fee: U.B. Students— 5.00 ($15.00 with luncheon and reception). TO REGISTER FOR THE CONFERENCE, PLEASE CALL 636-2781 or 636-2549. Public Service Announcement by The Opinion Without Pieper, You Could Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's It provides a complete lecture what you'll get at THE PIEPER BAR REVIEW. practice exams, books and a seminar for the series, essay writing, multistate MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. (<Jfl — PIEPER NEW YORK MULTI STATE BAR REVIEW, LTD. (516) 747-4311 MINEOLA, N.Y. 11501 90 WILLIS AVENUE 4 The Opinion October 26, 1988 �Why I Believe George Bush Should Be Elected President by Jim Kennedy When speaking of George Bush, it is easy to fall into a recitation of his impressive resume. While he has a long list of impressive accomplishments, serious discussions of why the man should serve as the 41st President should not focus on his past accomplishments other than to demonstrate that he is extremely versatile and can deliver. Of course, we can say much the same about Mike Dukakis, in spite of a less-impressive resume. We should instead focus on what results we may expect from them as President, based on each man's philosophy and perspective. There is a certain resoluteness about Mr. Bush that carries far beyond our perceptions of him as we see him on television. We learn from our allies in Europe and the Far East, as well as our adversaries, that Mr. Bush is the preferred candidate. Those foreign countries see him as a president that will make good on his word and clearly articulate the goals, interests and purposes of the US. They need a president and a US that they can rely on, who can credibly lead the cause for liberty, and after watching Mr. Bush for some seven years, they see him as such a person. The world needs a US that will consciously break from the reactionary policies of the last 30 years. Since Viet Nam we tend to see each role we assume abroad in comparison with our experience in Viet Nam. In assuming such a reactionary posture, we miss many opportunities to foster the kind of conditions in which a free nation may prosper. We end up reacting to the bad instead of actively encouraging the good. We failed to act positively in Nicaragua until it was too late, for example. We tend to react most decisively (whether action or inaction) when faced with a Communist threat of some kind. But there is more to foreign policy than reacting to a Communist threat, as important as that may be. Mr. Bush understands this, and he is likely to vastly improve on Mr. Reagan's improvement in encouraging growth of liberty worldwide. In sharp contrast, Mr. Dukakis consistently puts forth his belief that we should look to home at all times, and only venture forth to deal with therest of theworld when an emergency occurs. Only when all is well at home can we put our energies into a foreign policy. This translates into a hopelessly reactionary policy, and overlooks the fact that since this country will never be perfect, we will never be able to concentrate on the rest of the world. There has to be more of a balance in focusing our energies on both domestic and foreign concerns. Like it or not, we are the leader of the free world, and we cannot overlook or deprioritize our responsibilities. In the past, even during the Reagan Administration, we have been content to settle for tough talk, and little action. In the past, such compromising positions have led to long-term setbacks. Much of theincreased involvement in Viet Nam came after the other side perceived weakness in JFK, despite his tough talk. Our adversaries had ample reason to doubt his resolve, after witnessing his vacillations twice in Berlin, once in Laos, and twice in Cuba. In the Cuban Missle Crisis, JFK made a choice between demanding the removal of the Soviets from Cuba or the removal of the Soviet missies. He chose to demand the removal of the missies, allowing Soviet dominance of the nation to continue. Had he demanded the removal of the Soviets, they surely would have taken their missies with them when they left, as the Soviets have recently admitted. Mr. Bush has shown us in his dealings with theSoviets in five years of arms control negotiations that he knows the difference between tough talk and action to protect the long-term security of the nation. A comparison here would be unfair to Mr. Dukakis, for a state governor is not called upon to do the kind of work Mr. Bush has done, but it is sitill a very important consideration in choosing a president, for the perceptions other nations have of our purposes influence their actions, which influence us directly. Mr. Bush is fond of saying that the best social program is a job. The basic truth of this is obvious, considering the selfesteem, mobility, and ability to provide that one derives from a job.Employment is now at an all time high, and the employment rate is the highest since around 1973. Interest rates continue to fall, making housing more affordable. With a few exceptions, this is the general picture around the nation. In Massachusetts, this is called the "Massachusetts Miracle." But it is not really a miracle at all, but exactly what Ronald Reagan predicted would happen if we made the fundamental changes in the way the government acts in society. These changes have resulted in an unprecedented boom, with no end in sight yet. It was brought on by a slowed rate of growth, not a cut, in government spending, downward pressure on interest rates, a steady money supply, and a tax cut for the broadest segment of the American people ever. Contrary to the Dukakis claim, the 1981 tax cut was not for the rich, but benefitted primarily the middleclass. (The lowest income groups had to wait until the President could get tax reform passed in 1986 to have a substantial tax reduction.) In this example, Mr. Dukakis usually gets away without defining "rich," but when pressed, his advisors reveal that "rich" means household income over $25,000; meaning the middle class. Mr. Bush was there when these economic plans were formulated and has overseen their implementation. He would not bring about abrupt change to the economy, so we could be assured that he would not threaten the expansion. Since Mr. Dukakis seems to be opposed to the formula which has led to the economic expansion, we have to wonder how he intends to keep so many people employed, and keep the new jobs coming. Choice and private responsibility are two main themes run- ning throughout Mr. Bush's domestic agenda. He favors a voucher system of choice for those families seeking day care for the very young. Parents would choose the day care they preferred, and receive a credit toward taxes or the care center would receive compensation from the government. Parents wanting to send their children to private schools face a couple tax: the tuition of the private school and the tax levy to pay for the public school their children no longer attend. A voucher system would also alleviate this burden, and allow those too poor to afford tuition a chance to attend a private school. Mr. Bush also favors private contributions and efforts to tackle poverty. It seems that after 30 years of massive government spending to alleviate poverty, a feeling has emerged that the responsibility to fight poverty rests with the government and not each of us. Mr. Bush sees both the role of the See George Bush, Page 9 Why I'm Voting Against Bush-Quayle George Bush had it right eight years ago when he said that Ronald Reagan's "supplyside" economic policies amounted to nothing more than "voodoo economics." It's a shame that today he must dishonestly trumpet the "gains" of the so-called "Reagan Revolution." As Lloyd Bentsen is fond of saying, I too could create the illusion of prosperity if I was allowed to write $200 billion worth of hot checks. This gets to the heart of why you should by Alexei Schacht News Editor vote for Dukakis-Bentsen and not Bush-Quayle. The Republicans, at least the Reagan-Bush Republicans, have lied to the American people about everything from thedomestic economy to foreign policy. Listening to Bush-Quayle talk about America being on the right track again, one wonders if they realize that, by the Gov- ernment's own statistics, 32V2 million Americans live below the poverty line. 32V2 million. Anyone, Democrat, Republican, or other, should be emharassed to talk American economic "success" as long as numbers like these exist. Similarly, the much vaunted "drop" in unemployment has, perhaps not coincidentally, been accompanied by a drop in both real income and the dollar's buying power. In another vein, one must wonder how, if there has been a great revival in the country's morale, we are simultaneously, according to Mr. and Mrs. Reagan, in the biggest drug crisis in the country's history. In other words, if the sun is shining again in America, why are people taking so much smack and crack. Also, if George "Michael Dukakis is soft on crime" Bush is the head of two anti-drug task forces, the National Narcotics Border Interdiction System and the Southern Florida Task Force, then why have drug dealers continuedto "terrorize" the nation? Moreover, why, when the United States Attorney in Miami, Leon Kellner, initially tried to indict General Noriega, did the Reagan-Bush White House try to prevent him from doing so? This brings us to the matter of Messieurs Deaver, Nofziger, et al. who collectively make the Democratic Party in New York City seem honest. All this, and Bush still wants to portray Dukakis as "soft on crime", de- spite the fact that Massachusetts has the lowest crime rate of any industrialized state. Who is soft on crime? The Republicans' rhetoric, in the mindsof some, becomes reality. Despite their sophistry, the Reagan-Bush-Quayle people are clearly nothing more than liars. How else can we account for their claims of having made America feared and respected abroad. It was not under President Dukakis that some 300 odd Marines were blown up and several hundred more sent packing in Lebanon. Respect. Moreover, despite at- tempting to trade arms for hostages (and then dishonestly denying it) at least nine Americans remain hostages in the Middle East. That's respect for you. In the area of "arms control" the great I.N.F. Treaty mainly involved our removing missies from Western Europe that were not there until President Reagan took office anyway. Don't be fooled by this talk of "arms reduction." At any rate, why are ReaganBush now dealing with an "evil empire?" Would Reagan-Bush also have "negotiated" with Nazi Germany? Isn't Reagan the Chamberlin of the 1980's? Or, as conservative "leader" Kevin Phillips put it, isn't Reagan a "convenient idiot" for the Soviet Union? If the Soviet Union is not an "evil empire" then why was President Reagan needlessly antagonizing the Soviets with his hyperbole? To gain respect? It was ironic to hear Dan Quayle, during the Vice-Presidential debate, mock Dukakis' Harvard crowd. Where does Quayle think Bush went to school? Not that where either of them went to school particularly matters. More important is the company they keep. If Quayle objects to Dukakis allegedly having advisors from Harvard then I object to Bush having actual Nazi sympathizers, like Florian Galdau, in his retinue. Of course he disassociated himself from these people when the press got wind of it, but why was he allowing these people in his crowd to begin with? But, I don't think that we needed to have this news about some of Bush's followers to know that he is a mean-spirited bigot. So too, we can assume that Bush-Quayle will, if elected, continue the Reagan-Bush policies of exclusion. Specifically, those policies that have earned the Reagan Administration the enmity of Afro-Americans, Hispanics, Homosexuals, and other groups of people that have traditionally been excluded from American society, will be continued. On the other hand, a vote for the Dukakis-Bentsen ticket will mean, if nothing else, more honesty in the way that the Government conducts itself. For instance, Dukakis and Bentsen do not try to cover up their own ideological differences. (Although Dukakis does lie about why hechose Bentsen as his running mate.) Nonetheless, the Dukakis-Bentsen re- lationship is in marked contrast to the spineless Bush who, in 1980, was a Reagan critic, and has now become a Reagan sycophant. More importantly, there will be much less danger, under Dukakis, of a continuation of the Reagan-Bush policies which have eroded the mechanisms that provide basic social services to the dispossessed and underprivileged. So too, presumably, Dukakis-Bentsen would discontinue the Reagan policy of nominating judicial incompetents like Daniel Manion (sponsored by Dan Quayle) and Jefferson Sessions, who would, over time, help to erode many of the basic liberties supposedly secured to us by the Bill of Rights. Perhaps it's too much to hope, but in an age where the A.C.L.U. has become a major campaign topic can't we see the true issues, and just say NO to Bush-Quayle? Alexei Schacht is a board member of The Opinion, however, this article does not reflect the view of The Opinion. Need Briefs, Memos, Seminar Papers Typed? LEGAL SECRETARY WITH 15 YEARS EXPERIENCE will do typing in her Clarence home. Reasonable rates. Call Cheryl at 741-2519. — October 26, 1988 The Opinion 5 �opinion ilisT STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOLOF LAW October 26, 1988 Volume 29, No. 6 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Contributors: Bruce Brown, Lenny B. Cooper, Nidhi Kapoor, Eric S. Katz, James Kennedy, Kimi Lynn King, John McGuire, James Monroe, Maurice Recchin, Peter Strong. © Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. T7ie Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. Editorial: Voting Is Not A Privilege But A Right The second Tuesday of this November provides American Citizens with an opportunity to express their view on the current system of government. This chance, according to Webster's Unabridged dictionary, "...to express or signify the mind, will or preference in a matter by voice, ballot, etc." borders on the level of a fundamental duty. Many often take this event as a fruitless effort to change the status quo into something better. There usually is a good reason not to vote for either major candidate in any political election. Most federal and state candidates do little to fully satisfy any one constituency. Voting involves choosing a 'lesser of two evils' from a crop of mediocre rhetoric. The current presidential race exemplifies the typical problems our political processes face; the emphasis is on photogenic image of substance and reform. The right to vote, one of the few fundamental rights our constitution guarantees, began as a flawed scheme of representation of certain elite white aristocrats. Certain attempts have been made to modify the concept so that everyone can be represented. The movement began at the close of the Civil War when the Fifteenth amendment was passed, prohibiting denial of the right to vote 'on account of race, color or previous condition of servitude. The right later expanded to include women and the poor under passage of the Nineteenth and Twenty Fourth amendments, respectively. Yet many people often perceive their vote as meaningless and ineffective. Skepticism in this area does have a certain basis in reason. The electoral college, the last major impediment to majority rule, can frustrate the voice of popular vote. However, this only applies to presidential elections. This election day provides one with an opportunity to voice an opinion of the current state of our union. vote incrementally Every assists a political philosophy; the dichotomy of this presidential election is far clearer than it has been in the past. If these were easy choices there would be no need for elections. Your vote on election day may help shape the face of our legal system for the next half century. All it takes is fifteen minutes of your time. Such a worthy investment of energy is needed to ensure that our Pledge of Allegiance truly conveys "liberty and justice for all". 6 The Opinion October 26, 1988 OTPHINM E AILBOX ITPI Subcaption Controversy Concludes (Response to Lisa, Troy, and Co., And the ITPI) I did not mean to offend you by writing an article which urged that the subcaption AlternativeLaw Review be changed back to A Review Of Law And Society or some other more reflective one, such as the one suggested by Troy in our discussion {Progressive Law Review). In fact I don't think you are offended; and you shouldn't be. I must accept the fact that the meaning of "alternative" I chose to dwell on derives from a practical and contextual perspective rather than the abstract and empty definition provided by your Webster. I say abstract and empty because as law students we learn to engage in active listening and understand words within the context(s) of their use. Moreover, the change in subcaption did not occur because of any particular flaw in the original one; it occurred because the then ITPI editorial staff felt it necessary to reflect the mood of the time and capitalize on the anti Law Review sentiments. These people were instrumental to the second part of the anti Law Review debate which you witnessed. William (Bill) McGavern was a key exponent. I anticipate your reaction to my mention of Bill, and I will address that reaction below. Your response to my article is guided by a misunderstanding, therefore the foundation of the article remains intact. I say this for the following reasons: hardly mean anything • Words without a contextual prem- ise. For example, the names "Lisa", "Troy" and "Emmanuel" would not mean anything except for the fact that they are associated with persons, and when mentioned they conjure up the impressions of such persons as imprinted in the listener's or reader's mind. This is the same with other words such as "alternative" if you really want to know what a word means you must apply the context of use. Hence, when you apply the context of the debate you may understand that Webster is almost totally useless — N in this regard. As some would say, the words in this dictionary are dead; but they assume life through context and the human element of choice. Placed within the proper context, it is not terribly out of order that "alternative" suggests "alternate" as in runner-up or second place rather than co-equal or equivalent. Read the article again. — You take the article to be an • affront to the editopresent rial staff. In a sense it is, but that sense is far from negative— the article challenges you as present editors and participants to correct the action pf previous editors and participants because that action was generated by a misguided sensitivity to a genuine student concern. analysis in the article • My points to the implication that the editors who effected the change in subcaption would rather publish a Law Review rather than the ITPI. This analysis remains unshaken because the argument that some of you are current associates in the Buffalo Law Review is irrelevant. Thearti- Dear Editor: I was shocked to learn that many well-educated Americans are unaware of the overwhelming significance of the Runyon v McCrary case. Since the early 19705, this case has been the weapon ofchoice in discrimination cases. Twelve years ago, in the Runyon v McCrary case, the Supreme Court ruled to prohibit racial discrimination by private employers and private schools. This ruling made it clear that a black child could not be prohibited from entering a predominantly white school; this ruling made it clear that when a group of neo-Nazis scrawled anti-Semitic slurs on the wall of a synagogue, the victims could file suit, and the law would stand behind them. Last April, a predominantly (" ) /vecessiTies i"-- f*.» I ~* JP?fl\ h\ m H KELATtvE SHOES. £*»«ri.es: f L\se/ rtus \ i / £t AW 3C«»u' L_ " JE?*.^'Ml ~rHK ve on intLitHbe. f&'C-,\y ' fc'-'-i*/.'* \rn ''*tA"lE.l PLACE NEXT: THE H£ LtA*n To CoN-rt't- facial foR E + rKESf ions example, T F ,/*p corf " Tax /0 \ V 55* (•J) „\1 ~° -/ J , Jt^ji— 7 L S^L-JgU/ff ~ kAV M r N v T '^' D £^ aw s Ttl£Typ£<>f PERSON wHO will "fit i#" PERFECTLy TIE Public interest interview /, "*l /Ti) A With T° /MTe*VlE*'e* I /iw» to s-T/ty H£/e£ £ forever #»o avEfi %„ST / _ 6 stats£graphs 7-0 foJpdvVS f/HANCIAL f*> Vo\ L/T£RATu/?£ c OKPORATE Wf £nhanL£ s -r-«e-rc:WJrVcS r-fi/rv. jnt^view .—. (°J*\ THOKOU&H'-y *E#P fc-/ NEj f»-r ° JI conservative Supreme Court, ruling on Patterson v McLean Credit Union, decided to reconsiderthe Runyon v McCrary ruling. If Runyn v McCrary is overruled, one of the main lines that pumps life into the Civil Rights Movement will be severed. We need not remind Americans of the importance of equality. Equality as we know ittoday will have irreversible repercussions tomorrow if the Supreme Court dissipates the decision in Runyon v McCrary. There are many important events that pass us by; we think that we can catch up on them later on. We don't realize how short life is until they are gone. I hope we don't have to repeat this adage after this overruling. Hello, this is your early morning wake-up call. I hope I didn't call too late. Bill Hair BvFF NAILS A*o &ET co*po*ate hair cut. *-' \ W e Respectfully! Emmanuel C. Nneji Student Emphasizes Significance Of Runyon v McCrary Case Wi \ l — THIS WEEK: THE CORPORATE I W c/e referred to the subconscious of the then editors, not the present. You would probably argue that Bill was extended an invitation to join the Buffalo Law Review and he declined. This is only superficially impressive. I question the validity of his social consciousness because, for one thing, if he believed in his claim that Law Review is elitist and his anti-elitism principles are bona fide, then he would not have competed to be on Law Review in the first place. To say that he wanted to see if he would make it is to suggest that his principles are/were confused. Furthermore, Bill's conduct may have denied an interested person the opportunity to participate in Law Review. It seems to me that a socially conscious person would care for the needs and interests of others, whether those others share similar principles or not. I certainly fail to see this selfish postulation and aggrandizement as equivalent to social consciousness. /VtW ' r " /<> >d AY 6\«l /V^VvVB \y^ A°/yo_ H (///I/ I rAI V/ �Morton Downey and The American Intellect Arguably, the most valuable characteristic of a capitalist system is the freedom it allows the individual in regard to economic endeavors. Unfortunately, it always seems as though freedom comes at a price. This situ- by Andrew Culbertson Features Editor ation is no exception. At least in this society, capitalism has been instrumental in allowing certain individuals to profit from, and arguably perpetuate, the unintellectual mentality that has become synonomous with the American way of life. "Before I had the television show, I used to get $150 to appear at the opening of Midas shops. Now I get $25,000." Indeed, Morton Downey, Jr., is a wealthy man. By taking advantage of what he saw as the ignorance and prejudice within the average American, he created a hit television talk show. On his "show", Mort bashes homosexuals, promotes hostile xenophobia, attacks minority social groups, and generally insults and maligns guests he happens to disagree with. He claims that his "show" is a device which allows the "common man" to vent his or her frustrations against the "establishment." All he's really doing is using socially unpopular (but not necessarily unacceptable) or misunderstood issuesand/or social groups to create a lynchmob mentality among his audience. While Mort may be more outspoken than other talk show hosts, he's no more culpable. Geraldo Rivera, Sally Jesse Raphael, and, God forgive me, Oprah and Phil, all use sleaze to sell their shows. Although their shows employ a variety of sub-topics, the only actual topics seem to be sex, drugs, crime, and, most recently, devil worship. Why the lack of variety? Because this is where the market is. Although most Americans publically abhor pornography, substance abuse, and serial murderers, many of them are privately fascinated with people who indulge in these areas. Talk show hosts aren't the only culprits, just the most obvious ones. Ex-convicts like G. Genetic Evidence Enters Courtroom by Eric S. Katz (Editor's Note: This article is the first in a three part series.) A rapist leaves the scene of his brutal crime with the belief that he will never be caught; not only did he mask his face, he wore gloves to protect himself from leaving fingerprints. Such may have been the mindset of Tommy Lee Andrews, an unemployed clerk who raped a 28 year old woman at razor point in February of 1987, in Orlando Florida. Little didAndrews realize that a new technology could pinpoint with excruciating accuracy the guilty party; on November 6, 1987, Andrews was convicted of aggravated battery, sexual battery and armed burglary of a dwelling. Deoxyribonucleic acid (DNA), an organically occurring material found in all human chromosomes, is being utilized as the new form of near precise fingerprinting. Developed by British geneticist Alec Jeffreys, DNA fingerprinting unravels the genetic code found in each person that determines an individual's eye color and body type. Scientists state that DNA fingerprinting is a thousand times more accurate than conventional fingerprinting and blood testing. Although DNA has been used by the Scotland Yard in GreatBritain for several years, it has just been recently introduced in the United States. Not only can DNA be used to solve crimes, it can be utilized in forensic medicine and to solve paternity suits before they go to trial. By collecting samples of blood, semen, dried saliva or even strands of hair, DNA can be extracted and used to single out the person who has left them behind. Even though conventional blood and semen tests usually can boast a 90-95% rate of accuracy, DNA fingerprinting is almost, if not 100% accurate. Current blood tests are near impossible when the sample has been exposed for even a short period of time, and semen tests can be unreliable when antigens are not present in the sample. This technology is based on the premise that no two people are alike, (except identical twins), and therefore, DNA will always be a distinctive quality in each individual. Within each chromosome the DNA is composed of two strands of polymers which consist of molecules called nucleotides. The four different nucleotides found in DNA are deoxyadenosine monophosphate, (A), thymidine monophosphate (T), deoxycytidine (C), monophosphate and deoxyguanosine monophosphate (G). One strand of DNA is composed of a myriad of different combinations of these letters, an almost infinite amount that makes each chromosomal DNA unique. DNA is first extracted and purified from a sample of blood, semen or hair tissue. Certain "restriction enzymes" are then used to cut the DNA into different size fragments. These fragments are then ex- Gordon Liddy make thousands of dollars captivating audiences with tales of all the rotten things they've done. Actual convicts like Jean Harris, murderess of the Scarsdale Diet doctor, write best seller "novels" describing their illegal experiences. Funny how people are fascinated with what killers have to say, but are oblivious to the works of say, Carl Sagan or Robert Frost. Substantively, people like Morton Downey, Jr. and G. Gordon Liddy don't have much in common. Procedurally, they have everything in common. They are individuals who are capitalizing on what they correctly perceive as an intellectual weakness within a majority of Americans. That is, most Americans prefer Miami Vice to Masterpiece Theater, and read the National Enquirer rather than the Atlantic Monthly. Not surprisingly, Liddy himself once made a guest appearance on Miami Vice. The point here, however, is not to cast judgement on the American public. Although it's cliche, we truly are a product of our environment, and Americans are raised in an environment that is inherently unintellectual. On one level, this society condemns a wide variety of behavior: crime, illegal drug use, certain types of sexual acposed to an electric field, creating movement among particles and causing them to separate. These fragments are again transferred onto blotting paper. Radioactive gene probes are then added, attaching themselves to the DNA. This picture is then put on X-Ray film which identifies an image of the DNA. The result is something very similar to that of a consumer product bar code. Bars are then compared along samples, and when two match, it is near certain that they are one in the same. Some drawbacks still plague this new technology, such as tivity, and blatant attacks on minority groups. On another level, many individuals in this society are seemingly enthralled with these same practices, and will watch television shows about them, read tabloids and books that discuss them, and even cheer Mort on as he blasts certain minority groups. Ultimately, it's very easy to suggest that the people who cash in on these attitudes are merely what any smart businessman or businesswoman would do. That's not the way I see it. By playing upon this fascination, the Geraldo Riveras and G. Gordon Liddys are doing more than tapping an already existing resource. They are enhancing it, and allowing it to breed within society. Re- peatedly exposing people to these issues actually compounds the problem, and detracts from the cultivation of more constructive interests. For example, reading real books, and watching PBS instead of A Current Affair. Giving the people what they want may be the key to achieving financial success in this country. However, as perverse as it may sound, this is one instance where it might be preferable to give them what they need as opposed to what they want. moisture and bacteria which can contaminate the sample. Also samples must be large enough to accommodate the study. The legal observer should note the use of DNA evidence in the courtroom. The upcoming months will entail the pros and cons over DNA admissibility. With such precise technology, it appears that suppressing the use of DNA evidence will have to be made on its scientific foundation. If DNA admissibility is allowed, over the next year, it will become as common as the fingerprint. Which Presidential Candidate Do You Think Will Do the Most for Our Criminal Justice System? by Nidhi Kapoor KEVIN CARTER BILL SANDLER SCOTT SCHWARTZ Kevin Carter 3rd year My response is twofold. First, there is the perspective of the victim and the criminal. With respect to the criminal, Dukakis is likely to be the heavy favorite. From the perspective of the victim, Bush is the most compassionate. Bush's stance on the right to life issue demonstrates that he would seemingly favor the rights of the victim in the face of a choice. Second, there is the perspective of the justice system and the meaning of justice. For the sake of argument, justice knows no bias. Hence, it appears at least from my perspective, that Dukakis or Bush could be better for the criminal justice system. My question is whose perspective? Scott Schwartz Ist year I think Dukakis because it seems he has more of an open mind in regards to implementing more creative ideas in law enforcement. — Bill Sandler 3rd year While I do not necessarily think that Michael Dukakis will be the best president for our country, I expect that he would take a more hands-on approach to running it. Hence it is the Mass. Governorwho would pay closer attention to details and would thereby be better for criminal justice and other detail oriented tasks. Dawn Madison Ist year Probably Michael Dukakis because he isn't afraid to try innovative programs. At this point in the development of criminal justice that is exactly what we need. DAWN MADISON MARTIN COLEMAN Martin Coleman 2nd year I don't think either one of them will do any good for the criminal justice system of this country. I think they'll both ignore the underlying causes of crime, use jails as retributive systems instead of rehabilitative systems and insure through their economic policies that this country will continue to have the highest rate of incarceration in this world. For as long as either one is in office justice will not be found. October 26, 1988 The Opinion 7 �The Kaplan-SMH Approach I The Kaplan-SMH Approach I Comprehensive Texts I I Expert Lecturers 44 Your written materials are concise, complete, easy to absorb, and H 44 1found your thorough, no-nonsense teaching style very helpful ... I am sure that concentration on {wm never superfluous. J9 II XI test-taking spelled £/ze difference. 19 *I <"r 9 A V I PfIKAPIAN-SMH Ibar ■ BTTB STANLEY H. I MKAPIAN-SMH k> IBAR REVIEW SERVICES ■ The Kaplan-SMH Approach Question Practice STANLEY H. »* review services I The Kaplan-SMH Approach I 44 The course was well structured and sensiblypaced . . .11 __jH —\L---^ 1 4 6\ c is I PfIKAPIAN-SMH Ibar services ■ review _L l^Sestions__LJ multistate ' ITTB STANLEY H. MuU 'ervy e| \ ~~~ Torts_U_______i ~~~ Multistate Multistate —" —TT~H 16\ I 29 281 Practice Exam — Jsi§L— J Assoc. I > mKAPIAN-SMH I 1 rm STANLEY H. 6 ~—* IBAR REVIEW SERVICES ■ BUFFALO AREA 1330 Niagara Falls Boulevard Tonawanda, New York 14150-8917 (716) 837-8022 The Opinion October 26, 1988 JiJ \ 81 1 STANLEY H. KAPLAN ED. CTR. LTD. 8 I I We Put rt All Together 44 / saw some of your competitors products, and honestly, all they have "practice" is substantive element on questions is missing. H I �"The Accused" Stands Accused by Kimi Lynn King In a recent release, a motion picture dealing with the criminal solicitation of rape tragically sensationalizes one of the most difficult issues facing women and men. In "The Accused", which opened on Friday, Jodie Foster plays a gang-rape victim who seeks to have her day in court. Kelly McGillis plays the activist Assistant District Attorney assigned to this case, which closely resembles the New Bedford gang-rape of a young Portuguese woman. In the "real" rape, the victim was assaulted and repeatedly raped on a pool table at a bar in Massachusetts. The victim in real life was assaulted despite the fact that there were over 30 witnesses in the bar, some of whom cheered the rapists on to "victory". The "movie rape" capitalizes on this tragic event, and graphically provides a 7-8 minute account of the brutalization of rape victim Foster. My criticism of this movie is not that it poorly represented the victim or the female attorney. In fact, it is rather refreshing to finally see a movie which did not feel compelled to provideromantic male leads for all the female leads. My biggest complaint is that the voyeuristic tendencies of the production company were unnecessary to achieving the purpose of illustrating the violent nature of rape. Rape is not an easy subject. It certainly is not one which is pretty, and I do believe that as law students and lawyers, we often tend to gloss over the brutality and violation of rape, and the glorification of graphic sexual violence. The director of "The Accused" was far more in- terested in showing Jodie Foster's cleavage, than in representing issues surrounding criminal solicitation of a felony. As proof, I submit that the entire story line builds to the scene in the bar in which Foster is raped, not once, not twice, but three times. In its portrayal, the directors felt compelled to do what is impossible recreate the rape scene for audiences across the country. In repeatedly emphasizing the sexual violence happening to Foster, and not the mob mentality which allowed this rape to occur, the director confuses the issue which centered on the New Bedford rape. Never mind that the eyewitnesses did not intervene on behalf of the victim. The directordid not feel the need to focus the camera on critically evaluating the culpability of those "silent criminals." The gang-rape in the bar will make you squeamish, it will make you uncomfortable, and it will make you angry. But unfortunately, I am afraid that it provides some viewers with a curious "inside look" at what a rape looks like. We do not need to see a brutal rape on a movie screen to scare us into being careful, remind us that rape is brutal, or help us remember safety in daily activities. It certainly is one that a jury does without in deciding the guilt or innocence of a defendant. And it could have been done by emphasizing the reaction of the "silent criminals," rather than repeatedly emphasizing the brutalization of thevictim. "The Accused" goes a long way towards continuing to graphically illustrate the complaint that women and men have been making for some time now. Vio- lence against women is symptomatic in our society, and is glorified in the media. Second, the nearsightedness of the Director is evident through the portrayal of Foster as a victim. The picture deliberately and repeatedly returns to the issue of Foster's promiscuity, and drug and alcohol abuse. This serves to call into question whetherFoster was or was not a victim, and further implies that she is, to some degree, to blame for the situation in which she found herself. Within the first 30 minutes, the issue of rape is over and decided.The only issue remaining is the criminal culpability of those who stood idly by and allowed the felony to occur. By repeatedly implying thatFoster is somehow blameworthy, this picture reinforces the tendency to blame victims of rape for their own wrongdoing, which reinforces the prevalent opinion of "she deserved it." As for the movie's legal content, you can forget it. The summation offered by the defense is ludicrous, not to mention strategically stupid on the part of the defense attorneys. I cannot say that I recommend the movie for general viewing consumption. Be prepared, also, for an upsetting movie which will force you to think twice before going into a bar as a lone female. I do, however, applaud the ability of the movie to draw attention to a legal standard which would find culpability for those persons who incite rape. My only regret is thatthe Director of "The Accused" did not bring the same sensitivity to the issue of the rape itself. ... George Bush from page 5 government and the individual as indispensable in the fight against poverty. It is a responsibility of citizenship. He has worked very hard to encourage people to take an active role in their own communities to work toward solutions instead of waiting forWashington's plans. My impression is thatthis attitude is very much at odds with Mr. Dukakis's. Private giving and participation is at an all time high, both in absolute terms and as a percentage of income. As for the government, the rate of increase has slowed, but it too is spending more than ever, contrary to Mr. Dukakis. Dedication to a solution cannot be measured in support for greater appropriations; if it could then why after all these years and all this money spent has the problem not gone away, and even become worse? More money is clearly not the main answer. More involvement from everyone will yield the answers to many causes of poverty. This is Mr. Bush's perspective. One last issue: The budget deficit. I believe we can expect progress on this from Mr. Bush. Broadening of the entitlement programs with no plan of how to finance the new obligations put the budget on shaky ground in the 19705. In the 1980s, a severe recession, ever more entitlement spending, and new military spending put the budget badly out of balance. Mr. Dukakis blames the 1981 tax cut for the shortage of revenue, but this is a mathematical impossibility. Under the new tax rates, the government takes in far more revenue than underthe old rates. Mr. Dukakis tries to convince us that since he has balanced ten state budgets, he can solve the federal problem as well, although he declines to offer any plan. He fails to mention that as governor, he was -required by law to submit a balanced budget. He has also changed his position on a tax hike several times in the last year, probably due to the election. Clearly we need more than a simplistic, political approach to the problem. Mr. Bush is a leader who is also good at the consensus building necessary to solvethis problem prudently. This will probably mean spending delays or cuts in both entitlements and military outlays. Cuts in entitlements dictate political sensibility. But cuts in military outlays often become indiscriminate cuts designed to carry as little political risk as possible. We should remember that military actions, including a budget reduction, lead to reactions abroad. Temporary political benefits at home can lead to long-term trouble abroad. This translates into conflicts, and in conflicts, young men die. These are the tough choices, and Mr. Bush has faced them already and done well. THE PASSWORD: 415 Seventh Avenue. Suite 62 New York. New York 10001 (212)594-5696 (201) 62J-3J63 «} STUDENTS I BAR/BR . wHpr |j€ml N__ ■ ■■ ' pass THE BAR : ; ——^^^^—^-.^^ October 26, 1988 The Opinion 9 �Student Organization News SBA President Discusses Student Lounge and Other Issues by Kimi Lynn King ture. Is this a damned if you do, Student Lounge So why don't we have the new student lounge available to us yet? Or for that matter, why don't we have ANY student lounge at all? First, the new student lounge is being held up, because in order to complete the project as specified last spring, the University will have to do asbestos abatement on the 4th floor where the lounge will allegedly (and I use that word with disgust) be located. However, at this time, there is NO indication from any of the higher-ups that this project has even been scheduled. Second and more annoying, this comes at a time when we desperately need any space for students to hang out. Our first floor lounge (which admittedly was not much, but at least was something) has been taken over by a new copy machine and is unavailable for student or organization use. The machine is on loan from a corporation which desires UB law to purchase this equipment. Evidently, the corporation made an offerthe Administration can't refuse and since students are the silent majority, we have lost our lounge. We were supposed to have had it by thetime school started, then September 1, then October 1, then Currently, the Administration has no idea when the lounge will be returned. There are no plans to return it in the near fu- damned if you don't, or what? Asst. Dean Cook is very concerned about this issue and wants to work on a solution.But it takes more than concerns. It takes workable solutions and she can't do it alone, so ADMINISTRATION 1) MOVE THE COPIER TO THE FIFTH FLOOR COPY FACILITIES WITH THE OTHER OFF-SET PRINTER. No, that's too logical. 2) Move the off-set printer to the first floor lounge, and give the students the sth floor room (hey, we're desperate here). 3) Get the 4th floor lounge in working shape and come up with a plan of when abatement will begin and end, when design of the new lounge will begin, when the new lounge will be built, when the students will be allowed to use it. This is a long process folks, and we've waited long enough. 4) Put that monstrosity of a machine in the basement. The students don't care for either the basement or the copier. The two are compatible. Of course, realize that this would require cleaning out that "hellhole which is just waiting for a tort, assault, mugging or rape to occur." There are cages down there which could contain the copy unit so it wouldn't be vandalized. Maybe if some of the administration were forced into checking out what goes on in the bowels of O'Brian, you might understand why first . . — .. QO[l lighting on the stairs. Somebody is going to take a tumble someday, and somebody in Capen is going to be very unhappy with the doctor's bill. 5) Why not share and share alike? If in the interim the students are without a lounge, how do the faculty feel about sharing theirs? The SBA will be sitting all this cent week with a resolution and petition for students to sign. Check on the 2nd floor, in front of the library. Don't kid yourselves. Petitions are paper, but they are a start. While some students have advocated more active measures, we ought to first at least let the Administration respond. Talk to your professors, classmates, don't mourn mobilize. .. Environmental Law Society Expands Scope of Activities by Jim Monroe goal of these activities will be The Environmental Law Society has had three general meetings this year, electing a new executive board and adopting an agenda of law-oriented campus and community activism. According to informed sources, this is nothing new for ÜB, in that, every few years the Environmental Law Society sets an ambitious agenda which only lasts until the leading activists graduate. In light of this problem, the current membership has devised a three tiered strategy. Thefirst phase is to educate and recruit students through debates, speakers, and events. Concurrently, a not-for-profit student corporation will be formed to allow students to become involved in litigating clean water action and toxic waste lawsuits. The long term to form a strong, nationally rec- ognized environmental law clinic at the University of Buffalo Law School. David MacLean is the project coordinator of the Events series. He is a Cornell University, Natural Resources/Wildlife Biology major and has been coordinator of a Cornell Ornithology study on habitatloss and degradation of British colonial water birds. His group is presently planning speaking engagements, toxic debates, brown bag lunches, toxic site field trips, and an overall campaign for student awareness. Neal Drobenare is the new chairman of the executive committee and he is conducting the formation of the not-for-profit corporation. Neal has been a professional organizer for NYPIRG and MASSPIRG and done undergraduate research for clean water action suits. Mike Gurwitz is researching the lawsuits with Neal as well as researching lobbying tactics. Mike has been an activist for many years lobbying the Federal government on environmental and animal rights issues and organizing for groups concerned with these issues. Formation of the not-forprofit corporation will allow the students that are interested in litigating and researching environmental issues to gain some experience before and after the clinic becomes operational. Jennifer Latham and I are coordinating the campaign to establish an Environmental Law clinic at ÜB. Jennifer was a management analyst before coming to law school and I See Environmental Law, Page 11 REGISTRATION MUST BE RECEIVED BY 11/1/88.* —»MSM*— *9 WEF mKmWj m '^*^^ >�» WITH THE b■* M||A Hf pDP If M ■ ■ B8 I drfa ul All J||| ■■ M■ WHH I Hi I H HHHi nlffli 111 MM MUUU U *■ A 10 years (for the past 3 years ad infinitum) complain that the BASEMENT HAS GOT TO GO! Female students are especially concerned about this issue, but safety is a concern for everyone. Ever try going down to your locker at 11:30 p.m.? If something ever does happen in that basement, the University will be liable. The Administration might start with some de- The Opinion October 26, 1988 The Pieper Course Includes: Complete lecture series ft Essay writing Multistate Practice and Exam Multistate Professional Responsibility Emm (MPREJ Multistate Volume ft New York Law Volume Professional Responsibility Volume #u$ - Jb/w /n-Cta ft/a/a/a* *Law student's discount of $125 will be deducted from the cost of $995 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1988. F r m re information see y° ur Pieper Representatives or contact: ° ° pieper NEW york-multistate bar review, ltd. 90 WILLIS AVENUE, MiNEOLA, NEW YORK 11501 Telephone 747-4311 • The Bar Course That Cares. �Student Organization News Desmond Moot Court Competition in Full Swing by Peter Strong As any U.B. law student with a pulse knows, the Desmond Moot Court Competition is in full swing. The competitors are busy wading through the case law and tightening up their oral arguments. In theory at least, everyone should be breathing a little easier, having gotten over the hump of writing the brief, because now the fun of oral argument begins. Of course, this is just a theory .. The History of This Year's Desmond MootCourtProblem TheBoard thought this would be a good time for a general interest article on the history of this year's problem, which we feel is a real winner. I'm sure some of you have wondered where one finds a problem solid enough for 144 law students to bang their heads against. Well, the answer is, you don't you make one. At least, that's what you do if you care about having the best Competition possible. I'd like to introduce you to the Desmond Moot Court Problem Committee, which is headed up by Katie Baumgarten and Ken Yood. These two people, with the considerable assistance of faculty members and local practitioners, undertook to select and draft this year's problem themselves. I wish I could express how incomprehensibly difficult this task seems to me, but I can't do it justice. Writing your briefs was no picnic, I'm sure, but can you imagine how difficult it is to come up with a problem that is realistic, relevant, manageable, has two fairly-matched sides, and is interesting as well? And how does one choose between the many exciting areas of law? How do you decide what is perhaps too controversial a topic? And, most importantly, what if everybody hates it and blames you, but you really don't want to transfer to another school.? I interviewed Katie and Ken recently, to get their insights on this whole process, and I learned a lot. The problem was their project from the beginning; because Moot Court is a student-run organization, the Executive Board has an enormous amount of work to do just to organize the Competition, so — it delegated full responsibility to Ken and Katie. The positive aspect of this delegation, however, is that they had the control they needed to create a great problem. As you know, too many cooks spoil the soup, and that is why you never see statues of whole committees in city parks. Think about it. Why a Criminal Problem was Chosen Without trying to cast aspersions upon last year's problem, this year's problem does offer several big advantages. As Ken noted, last year's Church and State question was certainly stimulating, but was so broad that "competitors were force to run a four-minute mile in two minutes." This was particularly true in the oral argument stages. If this year's problem seems somewhat narrowly defined, it is unintentional. The purpose of Moot Court is, after all, to foster oral and written advocacy skills, not learn new areas of substantive law. Precisely for this reason, a criminal problem was chosen. Ken and Katie recognized that most second-year students have taken Criminal Law already, and therefore have some exposure to this substantive area. This puts everyone on a more level playing field, and enables competitors to concentrate on developing their advocacy skills. Another advantage of the criminal problem is that it has relevance to the type of work many of us will do upon graduation. While you may not do criminal work, you will almost certainly work with statutes. Unlike last year, a large portion of this year's problem is based in statute. This provides for excellent experience in statutory interpretation, or manipulation, depending on your viewpoint. Why These Particular Issues were Chosen A major advantage of the specific questions chosen, an accused's right to a grand jury hearing, and the adequacy of jury instructions, is manageability. The non-faculty judges of the competition, local members of the bar and bench, are more likely to be conversant with, if not expert in, these practical areas of' the law, than with broad social issues which are infrequently litigate. These is- sues involve real everyday questions of law. Consequently, the judges do not need to spend as much time thinking up challenging questions, and can concentrate more on judging your performance. You want this, of course, because the criticism they generally offer afterward is probably worth more than any other aspect of the Competition. Additionally, by choosing a well-defined prob- lem based in statute, the Problem Committee was able to reduce by half the material the judges need to absorb in order to participate. Also in regard to the specific issues chosen, various aspects of criminal procedure regarding grand juries have been hotly litigated in the recent past in Buffalo. Both questions reflect the Problem Committee's desire to have realistic issues relevant to the present times, issues which affect a significant number of people, either directly or via the media. As testimony to the realistic nature of the problem in general, both questions are reworked versions of actual cases. In fact, the jury instructions in the second question come verbatim from a case which was recently denied certiorari by the U.S. Supreme Court. The denial of certiorari, of course, does not reflect the Court's view of the merits of a case. In fact, a case upon which the Court had ruled would be inherently less balanced, and therefore less appropriate for the Competition's purposes. The jury instruction question is particularly interesting in that, as Ken and Katie noted, all the U.S. Supreme Court cases bearing on this issue were very close decisions. When one considers the fact that these slim majorities turned on one vote, the recent appointment of Justice Kennedy becomes all the more significant. The law continues to be in a state of flux in this area, with the appointment of new justices. Others Whose Help is Greatly Appreciated Professor Ken Joyce is our Moot Court Faculty Advisor. Both Ken and Katie emphasized that his continuous involvement throughout the process of the selection and drafting of the issues was invaluable. Katie noted that he was particularly enthusiastic about the criminal nature of the problem. Another key player was Mark Mahoney, a prominent local criminal practitioner and faculty member. Professor Mahoney was able to suggest a number of possible criminal issues from actual cases that he has been involved with. Ken and Katie then made their choices, with Professor Joyce's approval. Another professor whose guidance was very much appreciated was George Kannar, who teaches Criminal Procedure. He reviewed the draft of the problem and provided further editorial insight contributing to the realism on the organization of the problem. By working closely with practitioners and faculty members, the Problem Committee was able to ensure that the problem was the best it could be, in terms of having equally valid arguments on both sides, realism and relevance. These reviews by professionals also ensure that there are no booby traps, or unforeseen inequities in the breakdown of issues and case law. Katie in particular was instrumental in obtaining professional input, as she worked, and works, in a law firm in Buffalo, whereas Ken worked in Albany over the summer. Katie was therefore able to utilize the resources of the Executive Board and the law school, in addition to local practitioners. One such professional, Mike Stebick, an Assistant District Attorney with the Felony Crime Department of the Erie County D.A., was particularly helpful in presenting the position the D.A. adopted in the local prototype case. He has also assisted in lining up judges for the semifinal oral rounds. Hopefully, there will always be students like Katie and Ken, and interested faculty and practitioners, so that Buffalo law students can continue to be proud of the Desmond Moot Court Competition in the future. King Committees At long last the SBA will be hoiding hearings about the Special Program and Admissions Committees. Interviews will be held tonight (Wednesday), and all persons who submitted letters will be receiving interviews. By this time, all students having submitted letters, should have received an interview slot. Please come to SBA at 5:00 p.m. today if you feel there has been some mix-up. Since there are a few remaining vacancies, please stop by the SBA office and check out what's left. Appointments from now on will be made on an ad hoc basis. There is a vacancy open on the Main Street Day Care Center's Board of Directors. Sub-Board I appoints students to the Board positions. The Board meets once a month and there is occasional work that must be done as well. Anyone interested? See Barry McFadden, mailbox #167. Additionally, anyone interested in finally getting some decent daycare at . of state and federal regulators. As regulation tightens, companies are beefing up their own environmental law staffs." Opportunities for those committed to resource protection and environmental safety are growing as well. The Superfund cleanups, Citizen Action suits, safe energy development, and a wide variety of regulatory agencies provide a plethora of possibilities to lawyers concerned with justice and public interest law. The ELS hopes that those who join for the economic opportunity will be inspired to strive to save the critical balance of nature now in jeopardy. Two more projects that require immediateattention were presented to the ELS after its first organizational meeting. Kirn Fox, a first year student and staff member of the local .. Party The SBA will be having a Halloween party to raise moneyfor future activities around this place. Since Moot Court will be holding festivities during the weekend preceding Halloween, the party will be held Friday October 28. Be sure to schedule it in, after all, Halloween comes but once a year. There are a number of comabout accountability, and one possibility that will result from this meeting is that groups will receive half their funds in the Fall and half in the Spring. Don't wait to send a representative until after the decision has been made. plaints As a final note, the SBA is considering an increase in the mandatory student fee. This means that we may hold a referendum to raise the fee. The need for this is obvious. from page Citizen's Action Committee, re- break should contact Kirn at a ported that a leaky CECOS toxic waste dump north of Amherst is requesting permission to 1.1 billion dump another general meeting immediately. The second issue was presented by SBA director, Martin Coleman after he lobbied the Faculty Student Association to curtail the use of disposable styrofoam and plastic products on campus. Coleman attempted to make the Association aware of the health risks to workers during manufacture, the depletion of the ozone layer leading to the Greenhouse effect caused by the release of Chloroflourocarbons during manufacture, the waste of oil resources used to manufacture, and the non-biodegradability after manufacture of polystyrene and polyvinyl chloride. After Martin spoke to the Faculty Student Assoc, a spokesman for Mobil arrived to obfuscate most of the relevant facts. pounds of toxic chemicals. This dump is an environmentalist's nightmare because it sits on a marshy drainage area, it has been repeatedly cited for improper waste stress management, and it is the site of an incinerator for which improper management has even more deadly air quality implications than does normal use. The CA committee has been awarded pro bono work by Governor Cuomo in order to stop the dumping at this site. A prestigious Wall Street firm has been assigned to help Citizen's Action and any student interested in working with these attorneys after the Christmas 10 the Amherst campus? Please see us it's about time law students who are parents received the support thedeserve. Environmental Law worked on solar, wind and hydropower R&D. The clinic is important because it will provide continuity to the University of Buffalo's education of environmental lawyers, and will provide a much needed resource for this toxic infested region. Also, it will be a proving ground for environmental litigation, will greatly enhance the University's reputation, and it will provide students with tremendous career opportunities. On October 10, this year, the Wall Street Journal reported, "These are good times for environmental lawyers. After toiling at the margins of big-time corporate practice, they are catching the eye of corporate America, mainly because the pollution generated by corporate America is catching the eye from page 10 The ELS has obtained the fact sheet that the Mobil rep used and has requested a time slot on the agenda for the Oct. 25 FSA meeting. The ELS needs help organizing its presentation and a candidate to do the actual presentation. If you have relevant CFC information, if you have suggestions for the group, or if you want to help on any of these projects leave a note in box #755 or attend the general meeting Thursdays, 5 p.m. in the 4th floor student lounge. The present membership would like to thank last year's Environmental Law Society leadership for laying the groundwork and initiating the faculty contacts that have allowed such rapid organizational progress. October 26, 1988 The Opinion 11 �FALL SEMESTER DISCOUNT A $50 REGISTRATION FEE SECURES THE CURRENT DISCOUNT HTITON OF $900 IX NEW YORK. $773 IN NEW ENGLAND AND $675 L\ NEW JERSEY. 415 SEVENTH AVENUE, SUITE 62 NEW YORK. N.Y. 10001 (212)594-3696 (201)623-3363 160 COMMONWEALTH AVENUE BOSTON. MASS. 02116 (617)437-1171 (203)724-3910 ? 1988 BAB/BRI 12 The Opinion October 26, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9f88ec05d6f7250c36fbc4c3116aac12.pdf 6b0fb79a7dbc718474bbedf4a4a4fa82 PDF Text Text THE OPTNION Volume 29, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 12, 1988 LALSA Represented At Hispanic Bar Conference by David Luciano Secretary of Lalsa Report on The Hispanic National Bar Association's 13th Annual Conference Held in Albuquerque, New Mexico Sept. 15th-18th, 1988. As one of two representatives of SUNY Buffalo Law School to the 13th annual National Hispanic Bar Conference held in Albuquerque, New Mexico, my impressions of the event were quite positive. For one, there was a wonderful camaraderie among students, law professors, judges, a Supreme Court Justice, and attorneys alike. Johny Vega, the other representative, and I enjoyed the sharing of ideas and achievements with law students from different parts of the country. Such a gathering served as the proper stimulus for a truly unique social and political leadership. The theme of the conference was a "Tribute to the Judiciary", whose strength was empha- sized as lying in its diversity. In recognition of this event, Supreme Court Justice Anthony Kennedy and ABA president Robert Raven were invited as the guests of honor. Over 500 Hispanic attorneys took part in this convention. Further, there were concurrent sessions involving Hispanic law professors, students and judges as well as continuing legal education seminars. One of the highlights of the convention was Justice Anthony Kennedy's keynote speech. He stressed that the only way in. which we can make sure that we have equality in this country is to promote equality in the legal profession. Further, the legal profession has to be the body which will generate the necessary changes to accomplish this. The concerns which were raised at this convention were the following: the serious underrepresentation of Hispanics in major law firms, in federal, state and local government agencies and on the federal bench. There are other alarming statistics. Out of 6,000 law professors in this country 36 are Hispanic and only 15 of these 36 have tenure. 52% of Hispanic students drop out of high school, and the remaining 48% get a high school diploma. 10% of these 48% graduate from college, and I%ofthese students seek advance degrees after college. Less than half of 1% get a professional doctorate. There are only 10,000 Hispanic attorneys in this country. That is one for every 1900 Hispanics in the overall population. Of 1,126 judges in N.Y. state, 20 are Hispanic; 19 in the metropolitan N.Y.C. area and 1 here in Buffalo. What excited me the most about this convention was that for three days we were all members of the same plane, organized, committed and united for a serious national effort bent on accomplishing a series of aims. The Denver, Colorado Hispanic Bar Association is currently drafting a proposal for submission to the Law School Admissions Council which seeks to specifically survey and research the problems Hispanics have with the bar exam. An educational committee in New York City has developed an Adopt A School program aimed at increasing the number of Hispanic attorneys by providing Hispanic youths with information, motivation and role models through involvement with Hispanic attorneys in their schools. Another important goal which was mentioned by the newly elected president of the Hispanic National Bar Association Mark S. Gallegos was working together to enhance the image of minority attorneys. Former President Gerald Ford Speaks at Alumni Arena The opening speaker of the SUNY Buffalo/Don Davis Auto World series "Power and the Presidency" has come and gone after making his mark at ÜB's Alumni Arena before an audience of an estimated 3,500 attentive students, faculty, and interested Buffalonians. Gerald Ford was the 38th President of the United States. On this momentous occasion, his delivery was strong as he spoke of a great need for unmolested Presidential power, especially when National Security is at in Chief of the Armed Forces. Ford attributes the fact that the War Powers Act has never been used to its poor wording and structure, which he claims makes the statute "inoperable and unworkable." President Ford blamed this legislative blunder on the Democratic party that was in the process of what he called the "Orgy of Reform." He spoke stake. by Jeff Markello Photography Editor President Ford's greatest concern this evening centered around the War Powers Act passed in 1973. He felt that "it ought to be repealed" because it "exacerbates rather than helps relations between Congress and the White House." Speaking from personal experience, Ford contended that the President of the United States needs unbridled discretion in times of emergency because our country's national security is simply too important. He said that the War Powers Act makes it more difficult for a President to achieve and maintain peace in a time of international crisis because of the constraint of having to act with permission of the Congress. Ford went even further on his rampage against the War Powers Act by labeling it "unconstitutional." He feels that this law has created grave Constitutional problems by allowing Congress to encroach on the prerogative of the President to act as he wishes under his Constitutional title of Commander bitterly of this tactic he accused the Democrats of pursuing as a reaction to the Watergate and Vietnam War debacles. The former Chief Executive believes the Democratic party incorrectly removed power from the Presidency after attributing scars in American history to the power held by the President. Ford alluded to the metaphor of a swinging pendulum to show that Congress assumed too much control in an effort to counteract what it previously viewed as legislative impotence. In fact, said Ford, this move hurt the effectiveness of Congress as the "orgy of re- form" led to committee heads being appointed on the basis of politics instead of the traditional model of seniority. Ford claimed that the "orgy of reform" led to unnecessary committees and subcommittees in Congress which eventually led the Senate and House of Representatives to become "unmanageable legislative bodies." While he claimed that he does not believe in an "imperial Presidency," he still believes that the "orgy of reform" brought about an "imperiled Presidency," one which unjustly left the Chief Executive with his hands tied. Ford again referred to a swinging pendulum as he described the manner in which the United States Supreme Court has demonstrated differentpersonalities. For instance, the "benign" Court prior to the administration of President Franklin Delano Roosevelt shifted gears in response to pressure from the other branches of the government to assume a more "activist" Court label. Ford praised our government's system of checks and balances that supposedly keeps governmental control relatively consistent across the three branches of our government. He alluded to the era directly after World War II (1947-early 19605) as an example of when our country was most successfully run because of extraordinary balance between the three branches and a high degree of cooperation between the Republican and Democratic parties. In a moment of optimism and realism, President Ford conveyed his faith in the future of our government by telling the crowd that "aside from budgetary problems and other problems, I think America is doing real well." This famous Republican wrapped-up his speech by praising his party's candidate, George Bush, for attempting to condense the issues, and even suggested mandating a shorter Presidential campaign similar continued on page 9 Seipp Named to Head Immigration Law Clinic by Leonard B. Cooper Less than six months ago, UB was considering closing the law school's immigration clinic because there was no one to run the program. The clinic provides free legal aid to people who are having immigration trouble in the United States. The upstate New York chapter of the American Immigration Lawyer's Association (AILA) read an article in The Opinion detailing the plight of the clinic and made a commitment to keep the clinic alive. AILA member Gerald Seipp took on the responsibility of continuing the clinic and teaching an immigration law course at ÜB. "We thought it was important that there be a legitimate course offering in Immigration Law because there's so much going on in it right now and many lawyers who don't really practice immigration law are confronted with it." Gerald Seipp taught education and welfare law at UB from 1977 to 1981. In addition to regular classes, Seipp also headed a mental health clinic for a semester. While he was happy teaching, Seipp decided that he wanted to get out and do some actual lawyering work of his own, so he joined the Buffalo law firm of Serotte and Reich. After two years at the firm, Seipp found his niche in immigration law. Seipp describes continued on page 4 HIGHLIGHTS Asbestos on Campus The SUNY Office of Environmental page 3 Election Mudslinging page 7 Health and Safety continues to test the asbestos level in O'Brian Hall Bush and Dukakis are equally at faultfor the lack of issue-oriented debate �!r fell Fifteen years ago, computer assisted legal research (CALR) didnt even exist. Today it is considered by law firms large and small to be yip tually the single most important legal research skill you can learn. Essential to your'success as a student, a summer associate, an associate, even ""lE LEXIS* serv.ce amplifies the power of classic research skills for faster and better research results, It is the power to win, a power you can master now. For initial training or advanced courses, talk to your law library staff or legal research and writing faculty. M mmmmJfc m^9 ifaepOWer tOWill. © 1988 Mead Data Central, Inc. All Rights Reserved. LEXIS is a service and trademark ofMead Data Central, Inc. that is registered with the U.S. Patent and Trademark Office. 2 The Opinion October 12, 1988 �Supreme Court To Hear Wide Array of Controversial Cases by John Bonazzi The U.S. Supreme Court began its Fall Term on October 3, 1988. The upcoming term should prove to be quite interesting, as a number of controversial cases are to be heard. The first case heard in the term was a case involving the seizure of an Indiana adult book store under that state's Racketeer Influenced and Corrupt Organizations (RICO) law. RICO allows police to seize assets and padlock doors of an entire store based on the sale of just one or two books or films judged to be obscene. At issue is whether such a seizure amounts to the kind of prior restraint on freedom of the press that the First Amendment forbids. The Indianapolis prosecutor, who has closed 12 of the 14 adult bookstores in the city, defended the law as the most effective means of stopping the distribution of obscene books and movies by organized crime. Perhaps the most controversial of all cases will be a case the Supreme Court agreed last week to hear involving religious displays. The issue is whether city officials can place a nativity scene and a menorah in city and county buildings during the Christmas and Hanukkah seasons. The case was brought by Pittsburgh area officials who are seeking review of a ruling by the 3rd Circuit which held that displaying the items violated the First Amendment en- tanglement clause, which forbids the entanglement of church and state. The District Court in the case disagreed with the American Civil Liberties Union, who brought the action, and ruled that the displays met the threeprong test enunciated in the 1971 Lemon v. Kurtzman case, which all 3rd year Moot Courters know so well. The Appeals Court reversed that decision, pointing to a 1984 case. Lynch v. Donnelly, concerning a creche display in Pawtucket, R.I. The Supreme Court in that case ruled that such displays are allowed on city property only when they are part of an extensive Christmas holiday season display. The appeals court said that by "permitting Important Environmental Issues Are Dealt With On Campus by James Monroe The Office of Environmental Health and Safety has completed comprehensive testing of air quality throughout O'Brian Hall as a follow-up to the February 1988 testing and found asbestos levels to be 10-20 times less thanthe minimum hazard levels enforced by OSHA. Testing in O'Brian will continue periodically to determine any changes in the fifth floor asbestos level. Eventualy the 10% asbestos fire retardant panels will be removed if and when any sign of destabilization appears, but at the present time trations of asbestos and then extrapolating from this data to determine minimal exposure risks. In other words, when a population with exposures below certain levels on a dose response curve show the same or fewer cases of related cancers as the general population, safe levels are inferred. In this case, OSHA risk levels are well below the exposure level on the dose response curve. He also emphasized that what are not explicit in these risk levels are the synergistic effects of other lung irritants such as pollutants and tobacco smoke. A smoker exposed to Asbestos still present in O'Brian Hall this action would cause more unsafe levels of asbestos is 80 serious problems than are wartimes more likely to develop ranted by the situtation. lung cancer than a non-smoker If someone ate a chunk of asexposed to the same levels. bestos he/she would probably Mr. Borzynski has in his posnot feel any ill effects unless he/ session, a thick booklet from his she inhaled the fibers while desk thatcontains the hundreds chewing. These microscopic, of locations that are classified silicone based fibers readily as either priority one, two, pass through the ciliary dethree, or four asbestos removal fenses and attach themselves in sites on both theSouth Campus the alveoli where they can reand the North Campus. Since main indefinitely. removal involves isolation and Leonard Borzynski, an Indusspecialized removal processes, trial Hygienist at the office of it is surprising to learn that this Environmental Health and small office has already comSafety, discussed these risks. pleted almost all priority ones "We all get exposed to varyand twos and is now concening concentrations of asbestrating on threes and fours. tos for example, out here in the parking lot there might be In addition to asbestos removal and testing, the Office of about .01 fibers per cubic cenEnvironmental Health and timeter while in the downtown Safety is in charge of the safety area you could probably find of the college's 3,000 employ.03 fibers per cubic centimeter. ees, provides HIV and Hepatitis OSHA declares anything above awareness and prevention .2 fibers per cubic centimeter to training to this staff, oversees a hazard." be fire code standards, oversees Mr. Borzynski went on to exany conceivable environmental plain that these risk calculations hazard reduction such as noise are based upon studies of people exposed to high concenpollution and radon, provides — accountability for the safety of 30,000 students, and is in charge of packaging, transporting, temporary storage, and removal of the large variety of hazardous chemical and biological wastes generated by the many research facilities. Due to budget restrictions, equipment for most of the testing of environmental hazards is unavailable and this work must be contracted to outside corporations. The entire office consists of a Director, a Co-director, a Safety Engineer, an Industrial Hygienist, a Chemical Engineer, two Fire Technicians, and whatever interns and work-studies that they are assigned. For hazard minimization to be effective the entire custodial and maintenance staff must be aware of the hazards and have a direct access to theOffice. In addition, Mr. Borzynski stressed the importance of student awareness and cited examples of students in the Generation office in Harriman Hall reporting what turned out to be significant hazards. The SUNY Office of Environmental Health and Safety suffers from similar budget and staff cuts that plague the EPA and the DEC under Reaganomics. Speaking of the budget Mr. Borzynski said, "There's so much we could do. It's sometimes frustrating, in that, the staff of this office, and we've got some really good people here, is devoted to helping students get the clean environment that they're entitled to." Questions and suggestions are welcome at the office on the third floor of Micheal Hall at the Main Street Campus. The office is also ready to lend logistical and moral support to student projects concerning hazard reduction and recycling. If you are concerned about what is happening to your environment and would like some answers or to be involved with positive change, pay attention to signs and flyers concerning the Environmental Law Society which has tentatively scheduled meetings on the fourth floor lounge Thursdays at 2 p.m. This year's group has called for a change of agenda toward increased activism on campusand inthecommunity. the creche and the menorah to be placed at the buildings, the city and the county have tacitly endorsed Christianity and Judaismand thereforeacted to endorse religion." Another important case has to do with the oldest principle ofAmerican government the separation of powers. In U.S. v. Mistretta, the issue is whether the sentence of a cocaine dealer under sentencing guidelines created by a congressionallyappointed commission of judges violated the separation of powers principle. The key point here is that the commission is a continuing one, with the power to revise and propose new guidelines, and not a temporary commission. So, is the commission, composed of members of the judiciary, acting in a legislative capacity? Hundreds of federal convicts just can't wait to hear the answer to that one. As anyone who has spent hours trying to figure out just what constitutes "state action" under the Fourteenth Amendment will tell you, the principle is not an unambiguous one. The High Court will get another go at it in NCAA v. Tarkanian, a case involving the 1977 suspension of University of Nevada basketball coach Jerry Tarkanian in an effort to remain a member of the NCAA. The Court will try to determine if the NCAA's demand thathe be suspended amounted to a state action. — Also to be argued in the first week of the term is a case involving the constitutionality of a Richmond, Va. minority setaside ordinance. The ordinance requires that contractors on city work set aside 30% of the dollar value for minority companies. In Teague v. Lane, the Court will once-again address the vexing and recurring issue of racial composition of juries in criminal trials. The Supreme Court will also get involved in SUNY policy, although, unfortunately, not with our unjust parking policy. The Court will determine if SUNY may ban some commercial activities in its dormitory rooms. An appeals court struck down i( the rule, which it felt ignored students' rights. A 1966 SUNY Board of Trustees ruling which prohibited most commercial enterprises from operating on state university campuses was challenged by American Future Systems, Inc., a housewares company from Pennsylvania, after one of its representatives was actually arrested in 1982 at Cortland State College. The controversial subject of employer drug testing will also be heard. At issue in a drug test case is whether Conrail can test its employees for drug and alcohol abuse during company physical examinations without first negotiating the tests with railway labor unions. The Court has agreed to hear a case that could greatly affect state lottery advertising and receipt of junk mail. At issue is the constitutionality of a federal law that prohibits use of the mail to advertise lotteries and other games of chance. Education for the handicapped will again come before the Court. This worthy cause has not fared very well in past Supreme Court rulings. The issue here is whetherthe 1975 Education for All Handicapped Children Act (EAHCA), states may be sued in federal court by parents seeking to enforce the provisions of EAHCA. Presently, parents must first appeal to the local school dis- trict, and if an unfavorable decision is rendered, can then sue the state educational authority in state court. Suing in federal court would prove to be something of an advantage to plaintiffs. The Supreme Court in the past, however, has narrowly construed EAHCA and other handicapped-persons legisla- tion, with the effect of watering them down, or making remedies difficult to come by, as per Pennhurst and Atascadero State Hospital. Finally, the Court will hear a case involving a subject dear to all of us: vacations. The issue is whether states may prosecute employers for withholding accrued vacation pay owed fired workers. You'reFight , 1TpVote. America works better when you '[ care enough to vote. /kyL But if you haven't ■jf voted in 4 years or nave moved, you *rJVMJ\ must register. To find out the places and times when you can register, call your county Board of Elections for more information. r ICa?W ft LAST DAY TO REGISTER IN PERSON, SAT., OCT. 15. Sponsored by Your New York State Board of Elections (A Public Service Message Sponsored by The Opinion) October 12, 1988 The Opinion 3 �UB Law Welcomes Assistant Dean Marlene M. One of the best-kept secrets here at UB Law School is the addition of Dr. Marlene M. Cook to our administration. Dr. Cook became the Law School's Assistant Dean for Resource Management and Personnel in April, and has since then been administering the budget and handling personnel and space/ building issues. She appears to be quite well qualified. She obtained her Ph.D. in Educational Administration from SUNY at Buffalo in 1976. Her dissertation was entitled: A Study of the Interaction of Student and Program Variables for the Purpose of Developing a Model of Predicting Graduation from Graduate Programs. Sure hopes she shares that model with the rest of us Before her appointment as Assistant Dean of the Law .. School, she was the Assistant Dean at the Faculty of Natural Science and Mathematics (FNSM) here at SUNYAB. There, she was responsible for budgetary matters, management policies, review of sponsored research proposals, and personnel matters. Prior to moving to FNSM, she was the Assistant Dean for Academic Affairs and Financial Management at the School of Management of SUNYAB and the Assistant to the Vice President for Finance and Management in the Policy and Planning Office at Buffalo State College. Dr. Cook is, and has been since 1979, an adjunct assistant professor with the Department of Organizations and Human Resources at the School of Management. One of her priorities, some- thing expressly stated in her official job description, is the computerization of the entire Law School in the next few years. The Law School is presently equipped with just a few word processors. It, incredibly, is not "wired" to the University Main Computer, as is almost every other department in the university. In the future. Dr. Cook envisions all faculty having terminals for research and scholarly work, and the Law School administration obtaining access to the main computer for accounting, statistical and other duties. A student computer lab for students is a possibility, although an understandably lower prioriy than computerizing the Law School itself. She also wants to "clean up" O'Brian Hall, observing that "this building is a mess." Projects include painting the halls and stairways, improving lighting, installing mirrors in the stairways, facilitating completion of the Student and CSEA lounges, and in general just brightening up the building. Other projects include establishing our own vending machine areas and installing Seipp: New Faculty Member immigration law as challenging, fascinating, volatile, controversial, action oriented, and fun. Seipp combines this enthusiasm with a smooth teaching style in his class at ÜB. "I love it. I really love the dynamics and the students the energy and the enthusiasm. I've got a pretty good class. A lot of foreign students who know a little about immigration law themselves. The classes have been pretty good." Seipp wants to provide the students in his class with "a framework of what immigration law is all about; to give them at least a basis a foundation for it." Immigration law touches many different aspects of law today; its consequences — — from page 1 affect matters from criminal law to employer sanctions. "It's important for lawyers to be aware [and to have] a little background of what immigration law is all about." Buffalo's proximity to the Canadian border makes this area particularly apt for an immigration law course. "There's a lot going on. Lawyers working in Buffalo should have some foundation in Immigration Law. A lot of students who graduate from here wind up practicing in Buffalo so I thinkthat would be helpful. Immigration is a field that deserves status with a lot of the other courses that are taught here." Seipp brings much experience to the Immigration clinic; (fiQf AHF H| m -^*^^ H7T£r THE m±m wm m* ■■ rlrrrn I tf BJ \M I ■II ■ I ■I I flFfibiAli mb £m WHH Hi I H HiHH 11 ■I I AH 111 m AM JLUUUU 4 Seipp feels that the quality of the immigration law work that the clinic is doing is unmatched by any other organization in the area. Additionally, there is the benefit to the students. "The whole point of theclinic is for the students to learn. Immigration law is a good vehicle for learning. It's very meaningful for the students. "Students are learning a lot. They seem to really be fascinated and enthusiastic about it." Seipp's future goals include a desire to continue teaching immigration law. If there is enough interest, Seipp hopes to teach another course or seminar on particular immigration issues. our own library copying machines to raise money for Law School projects or cutting prices, as well as improving our duplication services on the sth floor. Dean David Filvaroff stated that he was "delighted" that she's come aboard, calling her a "stellar adminstrator." In 1988, Dean Cook, while assigned to the FNSM, won the coveted Chancellor's Awardfor Administration. These are SU NY-wide awards given to the top administrators in the SUNY system. No administrator from SUNYAB has been considered for this award in the past three years prior to Dr. Cook winning it. Dean Cook is excited about her new position and is happy to be here. She is "amazed" at the emphasis placed upon teaching at this school, stating that she has never seen the level of dedication and caring exhibited by a faculty that she has seen here. GRADUATE GROUP ON HUMAN RIGHTS October Schedule of Events: Tuesday, October 20 A panel discussion on "The Human Rights of People with AIDS" will take place in Park 280 at 3:15p.m. The panel will feature Father Vincent Crosby, the founder of Be- nedict House, who will address the problems of community awareness of AIDS and mobilization, and Virginia Leary, professor of Law, who will speak about the efforts being made by the World Health Organization to protect people with AIDS from discrimination. — All Events AreFree And Open To The Public — REGISTRATION MUST BE RECEIVED BY 11/1/88.* —�HBH*— ■ he combines a legal services background with his current work. "I'm giving them a broad perspective from the private practitioner background." The class Seipp teaches is filled to its forty student limit. Seipp chose four out of fifteen volunteers to work in the immigration clinic. The students' workload consists of about two or three detailed cases over the semester. The clinic is currently litigating a case pending in the District Court for two clients. "To have a law school clinic to be able to do that kind of sophisticated litigation where a client could not possibly payfor it is an important benefit of keeping [the clinic] in the law school." Cook The Opinion October 12, 1988 The Pieper Course Includes: Complete lecture series ft Essay writing Multistate Practice and Exam Multistate Professional Responsibility Exam (MPREJ Multistate Volume ft New York Law Volume # Professional Responsibility Volume /n c/^5 " ' *Law student's discount of $125 will be deducted from the cost of $995 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1988. F r m re information see y° ur Pieper Representatives or contact: ° ° PIEPER Telephone YORK-MULTISTATE bar review, ltd, ° ' (5/6; 747-4311 - . 9 W LLIS AVENUE MINEOLA NE W YORK 11501 ' The Bar Course Tlia* Cares. �I I I I I I BAR/BRI First Year Review Helps You Make the Grade With Lectures and Outlines For Civil Procedure, Contracts, Real Property, Torts and Criminal Law. I FIRST YEAR REVIEW I ■ ■ 415 SEVENTH AVENUE, SUITE 62 NEW YORK, NY. 10001 (212)594-3696 (201)62,3-3,363 1(>0 COMMONWEALTH BOSTON, MASS. 02116 I I I I I I I AVEXTE (617)437-1171 (203)724-3910 October 12, 1988 The Opinion II I 5 �OTPHINM E AILBOX I OPINION STATE I DIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 5 October 12, 1988 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Contributors: John Bonazzi, Ellen Burach, Leonard B. Cooper, Kenneth Gomez, David Luciano, James Monroe, Emmanuel C. Nneji, David Smith, Keith L. Woodside. © Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Words and Graphics, Inc. A Time To Reflect This year the National Conference of Black Lawyers (NCBL) celebrated the organization's twentieth anniversary on the campus of Howard University in Washington, D.C. The event, which occurred from October 6th-1 Oth, marks twenty years of progressive legal representation and advocacy for the under-represented members and causes of American society. The need and survival of an organization like NCBL is fortified by the ever present possibility of reversing the civil rights gains of the past. Although the impact of the efforts of persons like Martin Luther King Jr. have yet to achieve their greatest potential, it is imperative that the small, but nevertheless important, advances be held onto and protected. Today the U.S. Supreme Court will hear arguments to reconsider Runyon v. McCrary. Runyon, decided in 1976, held that §1981 of the Civil Rights Act of 1866 was violated when a private school refused to admit a black child because of the child's race. In soliciting debate on the merits of that decision, the U.S. Supreme Court has cast a shadow of a doubt and despair among the civil rights community and race relations in American society. On the economic end of American society, the U.S. Supreme Court is also considering the constitutionality of set-aside plans for black construction firms. If statistics show that virtually no city construction funds reach minority businesses, can a city council enact a "set-aside" program reserving at least 30 percent of the dollar amount of each contract to minority subcontractors? At issue is a Richmond, Va. ordinance that was passed in 1983. (Richmond v. J. A. Croson Co.). Justice Anthony M. Kennedy, who asked whether the court can bring to the matter what it knows about the history of slavery and the context of the times, is expected to decide the case. Justice Kennedy replaced Justice Lewis Powell, who cast the pivotal vote in the 1980 case of Fullilove v. Klutznick. While Fullilove upheld a minority set-aside program enacted by Congress, no one position garnered a majority of the Justices. Clearly, these two cases, Richmond v. J. A. Croson Co. and Runyon v. McCrary which has been consolidated in the context of Patterson v. McLean Credit Union in which an employee is charging her employer with discrimination, provides us with a time to reflect on the future of the other America. The Opinion To The Editor: al*ter*na*tive/01-ter-net-iv,al-/ adj (1540) 1: ALTERNATIVE 2: offering or expressing a choice <several plans> 3: existing or functioning outside the established cultural, social or economic system newspaper) (lifestyle) < - alternatively adv- alternativeness. Although this brief excerpt from Websters Dictionary itself explains the inherent flaw with Emmanuel Nneji's article, we believe it bears repeating that alternative does not mean a less than preferential choice. Nor does it in any way suggest anti-elitist or anti-Law Review sentiments. Rather, what it suggests, as the dictionary definition notes, is the offering or expressing of a choice. Mr. Nneji is correct in asserting that the editors accept a dis- tinction between ITPI and Law Review. The distinction we draw between our journal and others stems from a pride in the fact that In the Public Interest presents a consistently progressive, critical point of view. Our pride in no way connotes a qualitative distinction; it merely points to a recognition of a substantive difference between our journal and others. Mr. Nneji's point that we would ratherworkon orpublish a Law Review journal than In the Public Interest is easily answered by the fact that many of the editors of ITPI are current members of Law Review. And we do not believe that ITPI is in any way inferior to Buffalo Law Review or vice-a-verse. Thanks but no thanks. Alternative (meaning choice) is a very fitting description of this Review. Lisa Morowitz, Editor-in-Chief ITPI and Associate Member of Buffalo Law Review Troy Oechsner, Editor, ITPI and Associate Member of Buffalo Law Review Jim Monroe, Editor ITPI IN THE PUBLIC INTEREST In The Public Interest would like to encourage graphic artists in the law school community to consider illustrating this year's upcoming issue to be published in the Spring. If you have design or graphic experience and would be interested in contributing to the law school's progressive law review, please drop a note in our mailbox or in the editor's mailbox (#423). You may also stop by our office in room 118 or call at 636-2161. Club 504 Under Fire Editorial: 6 Public Interest Journal Responds October 12, 1988 To The Editor: I would like to express my concern and anger for what I believe was a direct attack on my integrity and an indirect attack on other members of the law school. A few people involved with Club 504 (Legal Rights of the Handicapped) are displeased with my lack of participation in the group. Forthose ofyou who do not know me, I am a parapAKA "handicapped legic person." I do not or have not ever belonged to Club 504. I have no responsibilities to the club. — — But, I have signed up to be interviewed (have not been selected yet) for the SBA Committee on Law Students with Special Needs. From what I can tell, that is why my character is because I being questioned signed up to serve on the Special Needs Committee but I have not actively participated in Club 504. I feel I am being targeted because I was not active with last year's Special Needs Committee, or this year's Club 504. It is my "sudden participation" this — not year that has a few people questioning my motives. There are people from Club 504 who think I may be padding my resume or doing the vogue thing by showing interest in the Special Needs Committee and not Club 504. Vogue?! Give me a break! I am offended by these assumptions. I cannot believe that people are so narrow-minded to think that just because I am handicapped and am showing an interest in making improvements for the disabled that it should be mandatory for me to belong to Club 504. Club 504 is not a prerequisite to serving on the Special Needs Committee. Do all black law students actively participate in the Black Law Student Association? Do all gay law students belong to the Gay Law Students Organization? I could go on. The members of Club 504 are supposedly working toward making persons with handicaps as "equal" to other people as possible. By singling out those people with handicaps as being disloyal because they are not actively participating in their m us © group, they are achieving just the opposite. They are once again labeling those people that they allegedly want to free of labels. It is true that both the committee and Club 504 are working toward the same goals so why should I be chastised for choosing which committee or club I would rather work through. As to the question of my sud- den participation in speaking outforthedisabled'sneedsand rights, or my lack thereof last year —it is simply my business. I should not be thought of as a traitor to Club 504 because I choose not to participate in their organization. My physical condition should not be a factor to me or to anyone else when I choose to serve or not to serve on a particular committee or club. I hope that similar attacks do not occur toward other persons because of what they choose to do or not to do in their spare time based on their race, age, religion, sexual preference or handicap. Wendy A. Urtel Second Year Law Student THIS WEEK: DEMONSTRATIONS AT Siwy at /adVv3 ntemf"l^11 Chunnan y \ Buffalo I \ / l/r\W I f- -1 / \ /If l_> * / rTb, Q>fCci\ NEXTThe Corporate Interview 6 ° �Malicious Election Muds tinging Serves No Purpose As presidential debates go, it was less than memorable. As debates in general go, it was rather pathetic, although its format may have been a contributing factor. Simply stated, the debate between George Bush and Michael Dukakis was and juvenile, repetitious, merely a rehashing of what had already been said on numerous occasions. by Andrew Culbertson Features Editor By now, we've all heard at least ten to twenty different opinions regarding the substance, style, and outcome of the debate. With this in mind, it's about time someone pull these guys aside and tell them to campaign like real candidates. For anyone who has been following the campaign, the debate was merely a disturbing synopsis of it. Instead of point, counter-point, it was punch, counter-punch. Each candidate repeatedly challenged his opponent's political record. While this is generally standard fare, it was old hat in a campaign slightly less than three months old. Included in the exchanges were such revelations as failed furlough programs, complicity in the Iran-Contra Affair, and balanced state budgets. On another level, there were the all too familiar personal attacks (i.e., Bush stating that Dukakis, being a member of the ACLU, is out of the political mainstream; Dukakis complaining that Bush has repeatedly chal- Bush's Inconsistencies Criticized Abstract Emotions and The Politics of Abortion by Emmanuel C. Nneji The present constitutional law on abortion is that the woman has a right to obtain an abortion at any time during the first trimester of her pregnancy. This the Supreme Court stated in Roe v. Wade. Beyond this stage the availability of abortion is tempered by health and medical considerations; thus the right to procure abortion during the second and third trimesters is subject to considerations of medical necessity and viability of the fetus. It is important to understand that the availability of abortion in the first trimester is not premised on the fact that the fetus is not a person. Rather the justification is thatit is in theprivacy interest of the woman to purge from her body any encumbrances. Realizing the moral, ethical, and social values implicated in the abortion debate, I believe that the Supreme Court, as the final arbiter of constitutional disputes, did no more in Roe v. Wade than provide a common ground to appease all affected interests. Understanding this, any attempt to disturb the ruling is fraught with potential social and political danger. Some legislatures and groups opposed to Roe v. Wade have proposed alternative legislations. These propositions are, of course, self-serving. In addition, there are some inherent contradictions between the values expressed in such legislations. Hence, when politicians talk about abortion we must apply both our reasoning and emotive capacities to evaluate the soundness of their concerns. Where do I spot these contradictions that I am concerned about? During the Bush/Dukakis de- bate the matter of abortion played a role that cannot be dismissed as largely insignificant. Its importance was underscored by the release of a statement from the Bush camp clarifying Bush's "I haven't sorted it out" answer to a question regarding the criminal responsibility of any woman who contravenes anti abortion laws. The position against abortion generally maintains that the fetus is a person subject to prosociety. tection by Consequently, abortion is equivalent to murder. I understand that murder is punishable under penal law; therefore it logically follows that she who commits abortion is subject to the penalty for murder. Continuing in this frame, it is possible that she would likely be held for premeditated murder since abortion is not a mere over-night decision unless there is a lesser statutorily mandated penalty. — I did hear that George Bush's position is that the woman would have to receive some help because she is equally a victim. A victim? Of what? Is she a victim of society? Is she a victim because she exercised her privacy behind constitutional curtains? I fail to understand how one can say that anyone who commits murder should get the maximum penalty under law, and also say that the woman who commits abortion is a murderer but needs help because she is a victim. What do you understand victim to mean? Isn't everyone a victim to one circumstance or another? Aren't those criminals whose execution would give George heavenly orgasm victims of a higher order? Gee, George, is this all politics? Why does all this sound so uncomfortable? Apply some practical rationality to your emotions and you may understand why. Another facet to the abortion opposition is the exception that abortion would be available where the pregnancy resulted from rape or incestuous sexual activity. The contradiction here is apparent. What is the purpose of this exception? Is a person's existence, in fact your existence, unacceptable because the mating circumstance that brought about it is legally forbidden or socially disgusting? How would you feel if the enforcer came to you and said, "Eh men! You gotta go 'cause your father is also your mother's father, and this ain't allowed."? I hope you do tell him to get lost. While I don't intend to disparage the soundness of social values expressed in rape and incest laws, it appears to me that life resulting from violation of such values is as good and golden as all others. This is equally so if we follow the position that the fetus is a person. Are we to punish (kill) the fetus because the father failed to obey the law? It is not totally outlandish that a number of people exist today who are the off-shoots of rape or incestuous sexual activities. How can we profess the sanctity of life but also maintain that it is unworthy in some instances? Furthermore, rape laws generally reflect the respect we have for the privacy interests of the woman. We punish any encroachment upon this interest as long as such encroachment was unauthorized. It is important and necessary that women go about their daily activities without any mental or psychological reservations about the safety of their persons and privacy interests. If we all accept this reasoning, why is it hard to understand and accord the lenged his patriotism), which can be seen regularly on the evening news. While listening to people snipe at one another can provetobetiresome, listening to them snipe about the same things over and over again is downright annoying. Although the issues themselves have received some acknowledgement, each candidate appears to be more interested in debunking his opponent's credentials than enhancing his own. Granted a person's prior achievements or failures are often a good indication of how that person will perform in the future. In the immediate case, drawing analogies between how a person has performed as a governor or a vicepresident, and how that person will perform as president, can be effective. Unfortunately, each candidate has proceeded to beat this method of evaluation into the ground. At the same time, the antagonistic attitude thatthe campaign has assumed is losing whatever attraction it may have once had. Each candidate seems to think that he can defeat his opponent by slinging mud. Evidently, no one has told these guys that the mud has to be really dirty, and relatively fresh. In other words, it doesn't work if you keep slinging the same mud. My suggestion is that if each candidate is content with defaming hisopponent, heshould turn to more effective methods. Bush, for a brief moment, had the right idea when he perpetuated rumors concerning Dukakis's mental history, demanding that Dukakis disclose his past medical records. Indeed, this action was reminissame respect to similar privacy rights involved in abortion as the Supreme Court correctly recognized in its first trimester analysis in Roe v. Wade? Finally, some argue that the proposed laws only forbid "facilitation" rather than "procurement" of abortion. Hence, it is the doctor, as a facilitator, who gets punished. I remember this design of argument has been used to justify the prohibition of sale of alcoholic beverages to persons under a certain age even though such persons may consume alcohol. Why do we tolerate such an onslaught on formalism? Should we believe that legislative words have no function or purpose to them? cent of the 1972 election, in which Democratic vice-presiThomas nominee, dential was forced to step Eagleton, down when it was disclosed that he had received electroshock treatments under the supervision of a psychiatrist. Unfortunately for Bush, this issue never got off of the ground. In a decade which has seen many a candidate's dreams dashed on the unforgiving rocks of his or her past, with plagiarism, adultery, and "reefer madness" heading the list, Dukakis and Bush have disappointed us. Although the Quayle incident(s) seemed to fall into this category, he is merely a vice-presidential candidate. We have yet to hear something "juicy" about one of the presidential candidates. Sarcasm aside, unless you can land a knock-out punch, mud-slinging is only so effective (and something that shouldn't be promoted on any level). If anything, repetitious attacks against one's opponent prove to be more damaging to the attacker than to the victim. For starters, it suggests that the candidate making the accusations has nothing good to say about himself, and has resorted to attacking his opponent. Ultimately, the campaign needs to be injected with some fresh ideas, and elevated to a more respectable and civilized level. While it appears that some of the relevant issues are receiving more attention, the daily attacks have continued. Obviously, it's up to the candidates to decide how the campaign will progress. However, if things don't change, the second debate may be a repeat of the first one. The function of the proposed prohibitions, whether against facilitation or procurement, is to makeabortion unavailable or burden the procurement process. This is simply plain, for if the facilitator will not facilitate, the procurer will not procure. She may have to resort to other methods which are medically known to involve more health risks. It seems that in the realm of politics how things sound or appear is the dominant concern. But until we pay attention to what we hear, we will never realize that the most harm we can do to the general society and ourselves is to allow politicians access to our abstract emotions. Think about it. Space Law Explores Undeveloped Legal Frontiers by David Smith Interested in a new and far out direction in terms of law and occupation? Outer space just might be the field of lawfor you. I'm talking about space law. No more than thirty years of age, this relatively new field of law is unfamiliar to the legal ears of future and even present attorneys. Fast paced technology throughout the world has given the two super powers, the U.S. and the Soviet Union, a major reason to conduct a race for space, no pun intended. Outer space, as far as the eye can see, has already been divided as if it were land here on earth. Yes, that's right, divided. Surprised? Well let's take a quick moment to realize that if the government can see it, you can rest assured thatthereis already a claim on it. on the moon. Space territory must be divided before it becomes too crowded, right? This Take Hurricane Gilbert for example. The Soviet Union reserved a range of altitude, ie. 15,000-30,000feet, in the eye of the hurricane in order to fly their weather planes through it for observation. Now you should be able to understand the super power's thinking and its quest for orbit. is where the future attorney comes in. Formerly, the United Nations had formed an Outer Space Treaty which is still being scrutinized down from Article One by numerous attorneys. Changes are being made constantly, and the treaty keeps getting longer. Also, space is still being widely explored and claims to nuclear weapon pathways are still being debated for nuclear war purposes. broadcasting, Television weather, and spy satellites are presently in orbit, and talk is still lurking about for a space station In short, space lawyers have a wide variety of opportunities to challenge their skills and learn about a new field at the same time. Lawyers can indulge themselves with issues concerning space for military use, directtelevisionbroadcasting and remote sensing (geostationary orbit), liability for damages because of a falling satellite, nuclear power in outer space, and future space transportation. The list is endless as to what an attorney can practice. Technology is rapidly changing, and maybe one day, the only direction left for technology to go will be towards outer space. If you would like to learn more about space law, try reading The Modern International Law of Outer Space by Carl Q. Christol. WORD WRIGHT SHOP Processing • Word Typing • Resumes • Graphics / Cover Letters • Free Pick-Up & Delivery • Call: October 12, 1988 The 652-8163 Opinion 7 �New York Bar Exam Bar Review Course Enrollments Summer '87 ssssssssss f 37001 4000+ " SSS&22ST~] BAR REVIEW ■■ -iJIfl 5 gZOOQr Pieper Josephson/ Kluwer AHOther Courses Combined Summer '88 mg\g% OUU muss | TTT I | I * | | 30 "™ 1SO + -_ A Enrollments based upon head counts at course locations. BAR REVIEW 8 The Opinion October 12, 1988 1988BAR/BRI �Dukakis' Story About Health Insurance Bogus? by Keith L. Woodside Those of us who watched the debate between Michael Dukakis and George Bush will remember the health insurance issue raised by the Governor. Mr. Dukakis told the story about the unemployed man in Texas, whose son could not play little league, because the family could not afford the insurance to cover any injuries that might occur. We were all, no doubt, moved by this human interest story so compellingly told. Mr. Dukakis proposes a health insurance plan whereby employers would be required to provide coverage for their employees. It seems strange to me that the Governor would offer this story about the boy in little league as an example of those whom Mr. Dukakis would help with his comprehensive health insurance plan. It is quite clear that, under the proposed plan, the man in Texas would still not have health insurance since he is not employed. Not only would this man not have health insurance, but his chances of finding another job would be greatly reduced under the proposed plan. Since the cost of labor would be increased by the amount of the health insurance, employers would have no choice but to keep down the number of people they employ. Mr. Dukakis' own health adviser, Dr. David Blumenthal, concedes estimates of lost jobs to be upwards of 100,000. This does not include any new jobs which will not be created due to the increased cost of labor. I wonder how those people who lose their jobs will feel about the Governor's plan when they are forced onto the welfare rolls. I imagine this will not bother Mr. Dukakis, who is a great believer in the welfare state. But the story does not end here. The Texas man has been identified. He lives in Houston and his name is Charles Strickland. It turns out that the truth of the matter is that his son had News Bulletin... The Opinion has just learned that Dean David Filvaroff underwent minor surgery on Tuesday October 11th. Details are being withheld at the Dean's request. Assistant Dean Alan Carrel said the Dean expects to be able to speak at an October 31st alumni fundraising dinner. Assistant Dean Lee Albert will assume most of the Dean's responsibilities in his absence. no particular interest in playing little league. However, had he an interest, he certainly could play because the little league there has their own insurance which covers injuries up to $100,000. Mr. Strickland's son is more interested in playing soccer and football. Unfortunately, his school doesn't offer intramural sports for sixth graders. Yet, when he is old enough to play, he will be covered through school insurance. Mr. Strickland's wife is covered through a health insurance plan from her job with the school district. As a veteran, Mr. Strickland is eligible to receive medical care through veteran's hos- pitals. In ordertofind Mr. Strickland, Cheri Tubinis, the Dean will probably stay at the hospital for a few days then return home to finish recuperating. It seems to me that the problem in theStrickland family isn't health insurance but unemployment. Mr. Dukakis' plan would certainly make the problem worse while adding nothing toward the solution. to the process used in electing the Prime Minister of England. The ex-President also offered some words encouraging about sportmanship in the election process. While Ford predicted that the election campaign "will get hot," he cautioned party activists that "we should always remember to singe, but never burn" the other side. "Let's all work to banish war from our shrinking planet, and hatred from our hearts" was his plea for political teamwork. from page I replied that he planned to vote for George Bush whom he appointed to the head of the CIA when he was in office. Second year law student Jim Grasso also offered a question by challenging Ford's criticism of the War Powers Act. Grasso asked Ford to concede that at Jim Grasso least the intent of the legislation was honorable as it represented an effort to restore a balance of power that was perceived to be heavily lopsided in the President's favor. The Close Encounters of the Political Kind "Power of the Presidency" by Ellen Burach Little did I realize as I was limping to the Alumni Arena to see Gerald Ford, that with the help of Jack Kemp, mine and my housemates' political careers would be changed forever. It all started with a need for a studybreak. Like most law students, we feel that anything is better than doing the reading for the next day's classes including seeing part of the Lecture series "Power of Presidency." As I broke a bone in my right foot only two weeks earlier at an SBA party, I thought it a good idea to utilize my newfound handicapped sticker and park right in front of the something I had alArena ways longed to do. While walking (and limping) into the gym, we noticed that most people were "dressed up" for this Republican event. And there we were, all of us true Demosrats, following the perpetual student tradition of dressing in clothes not fit for a Republican football game, let alone a Republican lecture. Because of my injury (and my now justifiable laziness), I did not want to walk up the steps to the top where the "bad" seats were located. Therefore, we walked down to the rightfront of the Arena and formed three places to sit; sufficiently close to see the speaker but to the right enough to seem unimportant (perhaps we subconsciously sat on the "right" for political purposes). All of a sudden, a distinguished looking man asked my housemate Melanie if he could sit next to her. She replied: "Well, only if you don't get piece of information to Melanie when she turned around and abruptly asked Mr. Kemp: "And, who are you???" Mr. Kemp answered her with a very Italian name. As she was giggling uncontrollably, I told herthe distinguished looking man's true name. Her naturally olive — — No thanks, I have a wife and kids ... Law students (left to right) Melanie Jenkins, Ellen Burach and Mary Kane chat with Congressman Jack Kemp (at far left). fresh." He laughed and stated that he had a wife and fourchildren and proceeded to sit down. At this time, I was being annoyingly nudged by my other housemate Mary who, being from the Buffalo area, immediately recognized the important looking man as Jack Kemp. I attempted to tell this Once again Mr. Dukakis offers us the quick fix of government intervention. It is the knee jerk reaction of a Governor obsessed with centralized power. It doesn't seem to bother the candidate to know that people whom he claims to be concerned about will lose their jobs to pay for his plan. Additionally, those who are hired in the future would have a lower wage to offset the cost of the mandatory health insurance. This additional cost to business would also find its way into increased consumer costs that reflect the increased cost of production. What does Mr. Dukakis really care about; the people and their needs as they actually exist, or himself and his own political ambition? Gerald Ford Visit After Ford finished his delivery, he cordially accepted questions from members of the audience, two of which were UB Law students. Ellen Burach had the guts to ask a very insightful and personal question of the ex-President when she inquired "I'd like to know who you are going to vote for in this year's Presidential election?" Surprisingly enough, President Ford According to his secretary, the Dukakis staff, while at a local union hall in Houston, asked to interview unemployed people with health insurance problems. Mr. Strickland appeared to be the best example they could find of someone falling through the health insurance cracks in this country. Mr. Dukakis grabbed a hold of a passing comment by Mr. Strickland (a Dukakis supporter) and, by Mr. Strickland's own admission, "blew it out of proportion." skin turned a subtle shade of purple and she proceeded to take her leftfoot and, still laughing, slowly shove it into her mouth. When the shock partially wore off, I kept telling Mr. Kemp that Melanie was from the Amish country where people do not know of Buffalo politi- cians. This, I later realized, was not only a futile but a stupid statement considering the fact that the man had been a presidential candidate. Now we were excited. The press wondered who we were because of our seemingly casual political connections. The people in the audience were wondering who we were, not only because we were late, but because we also managed to acquire the best seats in the house. Just then, another distinguished looking man walked into the room and sat down next to Mr. Kemp. "Jerry," Mr. Kemp said, "I'd like you to meet Melanie, Ellen, and Mary, three law students." We shook Mr. Ford's hand. The moment was shattered when some loser behind us tapped Melanie's shoulder and said: "By the way, that's Gerald Ford." Mr. President did not fall as he walked up to the podium and I was promised free beer and dinner by my housemates if I asked Mr. Ford who he was voting for in the November election. This got a few chuckles from the audience, and some say that this was a stupid question, but as my Buffalonian housematekept saying: "Never ask a question unless you already know the answer." We hear that President Carter is coming to UB in May. Just perfect for a study break during finals. former Chief Executive re- sponded by claiming that prior to the War Powers Act, Con- gress had exerted effective control over the President's use of the military through the appropriations process. Ford furtherreiterated his belief thatthe War Powers Act removed too much power from the Oval Office, limiting the President's effective use of military power in foreign relations. In a press conference prior to the evening's activities, Ford addressed the media's questions including those about the upcoming Presidential election. Ford thrived on this opportunity to campaign for Bush through mud-slinging tactics including reference to Democratic nominee Governor Michael Dukakis as weak on foreign policy, accusing him of not wanting to have a strong offense or defense. Ford also ridiculed Dukakis' ideas of raising the minimum wage by claiming it has been raised enough since he entered the Senate in 1949, when the minimum wage was only 250. President Ford continues to remain a favorite spokesman among conservatives. THE PASSWORD: bofybn Seventh Avenue. Suite 62 New York. 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J9 v * MKAPLAN-SMH I I niKAPLAN-SMH Ibar review services ■ Ibar review services ■ ITTB STANLEY H. |TTB STANLEY H. The Kaplan-SMH Approach Question Practice I I honestly, all they have products, is substantive law. The "practice" element on questions is missing. J) / Que**- «<>**„ k \ —" ■ —— |rtyl M 7\ I W l_Cont|acs \\ I I We Put It All Together 44 The course was well structured and sensibly paced. . . W 44 / saw some of your competitors' I The Kaplan-SMH Approach MuW, 8\ Mu e ttist^J u Ji__— \M \ rrß 6 > ~..~;—i« Assoc. J KAPLAN-SMH I PfIKAPLAN-SMH I Hi L> Ibar review services ■ Ibar review services ■ ITTB STANLEY H. rrni STANLEY H. STANLEY H. KAPLAN ED. CTR. LTD. BUFFALO AREA 1330 Niagara Falls Boulevard Tonawanda, New York 14150-8917 (716) 837-8022 10 The Opinion October 12, 1988 �Unpleasant Reality ofRacial Tensions in America Black or Hispanic? by Kenneth Gomez What does it mean to be both black and Hispanic in America? There is no such thing, people say. I beg to differ. To white America it is obvious that they do not have the mental capacity to grasp this ethnic reality. But it is not white America that I am shocked at. It is my fellow Hispanics that I am disappointed at. It seems that white America's perceptions of ethnicminorities have been encapsulated by Hispanics as well. Being black and Hispanic in this country gives one a different outlook on race in relation to ethnic minorities and whites. To my fellow Hispanics I am Hispanic and no more. Being black doesn't come into thepicture. At first I thought thatthis was liberating ideology being how this country places so much value on skin color. I had thought that among Hispanics color did not matter, that despite our diverse racial backgrounds we were all unified under a language and a way of life. I was seriously wrong. What I began to see was that there was no room to be black and Hispanic in a country that sets all of its ethnic minorities at each other's throats for the crumbs this system throws at them in terms of housing, education and job opportunities. Because of the history that black people have in this country of being treated a notch above dogs, it reflects on the perceptions of later ethnic minorities the mere possibility of just being associated with "those blacks." This is what happened to the evolving perceptions of Hispanics. When the first mass migration of Hispanics into the U.S. began in the late 40's the only available areas in New York City were the ghettos that are still populated by Hispanics. The treatment ofblack people in this country by the whites was seen as some badge of inferiority because of dark skin. This being perceived by Hispanics from all over Latin America and led to a form of color sensitivity never "really felt" when leaving therrespective countries. When I mean never "really felt" I mean that there has always been a benign cultural dislike for dark skin and kinky hair amongst Latinos but not to the level brought out by American racism. Regardless of whether they are black, white looking, or in between, Hispanics have never been classified as black but as 'white.' In Bruce Wright's book Black RobesAA/hite Justice he states that "... I was constantly amazed to notice that on the forms prepared by the arresting officers, Hispanics were invariably described as 'whites,' no matter what their obvious pigmentation might be. I perceived, in its blindness to reality, a police conspiracy, inad- .. vertant or otherwise, to keep the blacks and Puerto Ricans divided by reinforcing distance and hostility between them it seemed sad that neither group appeared to recognize that both were caught in the same ethnic trap and that dis- crimination against them differed, if at all, only in nuance. Unfortunately, it appeared that the Hispanics, having been described as white, had come to believe that forlorn fiction." (p. .. 136-137). He goes on to say that "the police remain the agents of ethnic division in New York City The underlying act of dividing the black and Puerto Rican communities continues in a different form, for now it appears that blacks with Spanish surnames are referred to as 'Hispanics' and only occa- really think about. Two years ago I was in a bodega (grocery store) on the lower east side and I asked this man how much the beer was in Spanish. He looked at me in shock and told me that he thought I was black. I don'tthink that the color of my skin changed because I spoke Spanish. But it was shocking to see that all of a sudden I was his best buddy and that in his eyes all of a sudden I was not a black man anymore. It had never occurred to this person "In sum . . . the myth of black and Hispanic unity in this country against racism has always been that — a myth. The fight against racism will not continue ifwe Latinos continue to perpetuate this false and dangerous pretention of racial denial when, in fact, some ofus are blacker in skin color than Afro-Americans." sionally as 'whites.'White racist classifications of Hispanics serve to divide the black and Hispanic communities by placing a false sense of racial superiority on Hispanics, thus creating serious divisiveness that keeps both blacks and Hispanics at each other's throats for jobs, housing, and education. This, to the satisfaction of the white power structure." Anotherform of this negation of blackness can be seen in the stupid racial categories the system sets up in job and school applications. Are you Black or Hispanic? To make things more confusing, I usually mark off both to give them something to that he was just as black as me. The only difference was that his hair was very curly. To continue the story, my friend turns around and tells this man that he's black too. The fellow turned to my friend and told him "I'm not black, I'm Puerto Rican." My friend and I shook our heads and just walked out of the store but with the beer in our hands of course. For many Hispanics in this country there seems to be a constant battle to deny theirAfrican side because of American racism. Up to now I still do not understand this hysteria of achieving whiteness. I have had fellow country men from the Dominican Republictell me that they are not black. That they are descended from Spaniards and the native Tamo Indians that inhabited the island in the time of Columbus. The discussion got heated and I ended by saying that the Spaniards had all the Indians butchered by the 17th century and I doubt that the Indians had brillo for hair and tires for lips like his. In sum, what I am saying is that the myth of black and Hispanic unity in this country against racism has always been that, a myth. The fight against racism will not continue if we Latinos continue to perpetuate this false and dangerous pretention of racial denial when, in fact, some of us are blacker in skin colorthan Afro-Americans. Always remember, the slave ship made 2 trips to the Americas: North and South. That we are a people who were also a product of theslave trade as well as Amerindian genocide, which continues today as ethnocide on both continents. We as Latinos must take pride in our cultural heritage and accept the fact that we, whether, black, white, indian, mulatto, or mestizo, have a rich history that has ties to the indigenous and black population of the United States. That we as ethnic minorities have a common history since the nightmare of Columbus. I am a black Hispanic man and I dare anyone to tell me different. Do you know who you are? I leave all Latinos with an old Spanish expression which tries to answer the problem of racial denial: Ytu abuela,dondeesta? 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MASS. 02116 (617)437-1171 (203)724-3910 T 19838AR/BRI 0 12 The Opinion October 12, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1988 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/57cc923c7bf0065f3bfde637eb62cd20.pdf 9aca204d125a9e86bea28afcc5f213a8 PDF Text Text THE OPINION Volume 29, No. 4 September 28, 1988 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW SUNY Non-Discrimination Policy Finally Endorsed Amidst a rare air of political excitement on the U.B. Campus, the Law School faculty voted to, in effect, prohibit the Judge Advocate General Corps of the United States Armed Forces from being able to recruit on campus. The faculty's decision, however, voted for at the September sixteenth faculty meeting, came down amid not inconsiderable confusion amongst the meeting's participartts. by Alexei Schacht News Editor The debate at issue centers around whether JAG Corps, which has a public policy of not hiring homosexuals, the handicapped, and people over the age of 35, should be allowed to recruit on campus and through the Career Development Office. Students have, for the past two years, been protesting the fact that the school has allowed an organization that openly discriminates to use its facilities for recruitment. The studentswho objected to JAG Corps recruitment on campus based their stand on several moral and legal bases. Among the latter was an Executive Order of the Governor of the State of New York which prohibits any state agencyfrom providing any service that discriminates on the basis of "sexual orientation." Professor Charles Ewing, Chair of the Faculty Committee on Military Recruitment, began the JAG Corps discussion, in Room 210, in front of a large gathering of both teachers and students. The first conclusion of the committee's report, which Ewing read, was that "most" faculty members wanted the term "sexual orientation" added to the faculty statement against discrimination. Most of the students present seemed to be there to voice their support for any policy that would lead to the JAG Corps being banned from campus. Accordingly, a prearranged parade of students, many representing organizations within the Law School community, spoke out for such a ban. The students' showing was impressive enough that one person was overheard to mutter that "people power" had arrived at U.B. Dean David Filvaroff, who was clearly sympathetic to the students' concerns, chaired the meeting and opened the floor up to discussion after Mr. Ewing and Professor Louis DelCotto, two committee members, and the aformentioned students spoke. Two students did speak in favor of allowing JAG Corps to interview on campus. One of them, Jim Kennedy, said that for him the issue was the interviewing students' "freedom" to seek a job. He noted that it would be easy for the faculty to kick JAG Corps off campus as the teachers "already have jobs." Aside from this fundamental disagreement over policy, there was also great confusion, even during the voting, over which of the many "statements" that were mentioned were an issue and which, if any, should apply to the JAG Corps situation. In this vein, Professor John Schlegel asked why the JAG Corps issue even arose since it was his impression that JAG Corps could already be removed from campus as they presently violate the school's non-discrimination policy. This policy is stated on the 1988-1989 On-Campus Interview Request Form which prohibits, among other things, discrimination based upon "age" or "handicap." Ms. Audrey Koscelniak, who heads the CDO, stated, in some way that was not clear to at least this reporter, that JAG Corps was not made to abide by the School's Non-Discrimination Policy. With a friendly amendment from Professor Muhammad Kenyatta, adding three paragraphs from another anti-discrimination statement, the faculty passed the Marcus resolution by a voice vote. All faculty save one, Professor Robert Reis who voted nay, voted yea. Professor Alan Freeman, saying that state law clearly de- Pitegoff Joins Faculty of UB Law One of the latest additions to the UB Law School faculty is Peter Pitegoff. With the hiring of Mr. Pitegoff, the school has gained the services of an experienced practicing attorney and the creator of a new clinical program to be developed here. Mr. Pitegoff comes to Buffalo from the law firm of Arrington and Pitegoff P.C. in Boston, Massachusetts. He was general counsel to the Industrial Cooperative Association and as such spent a great deal of time providing legal and counseling services to worker owned businesses throughout the nation. by Donna Crumlish Managing Editor Moving fromfull timepractic- MaJefrkelo f Editor: Photgraphy the adjunct faculty at the New York University School of Law and spent a semester as a Guest Instructor at Harvard Law School. UB Law School held an attraction for Mr. Pitegoff because of its reputation for receptiveness to new ideas. ing attorney to full time faculty member seemed a natural way for Mr. Pitegoff to expand personally and academically. "Practice didn't give me the opportunity to reflect on what I was doing and to write on what I was doing as much as I'd like to I had no time to explore some of the more subtle questions in context of what I was doing." The teaching game is not totally new to Mr. Pitegoff however, as he served two .years on ... "The Law School at UB is quite unique in its diversity, in its progressive orientation, in its receptivity to the things I wanted to do I considered CUNY Law School at Queens College and ÜB, and those were the only two that I affirmatively was excited about, the others would have involved too much compromise for what I want to do and there wasn't the interest in combining clinical and classroom work." ... Mr. Pitegoff is also impressed with the high level of tolerance for different views among the faculty at ÜB. "There are all different views and there is a tradition of tolerance for all different views. There are other law schools where there is a diversity of opinion but there is also internal warfare and I don't feel that here. People disagree in substantive issues and then manage to continue working together collegially." Although Mr. Pitegoff has had only limited experience working with UB students (he is currently teaching a seminar on Worker/Ownership Transactions) he is pleased with the diverse backgrounds of his students and the practical-perspectives they bring to his class. Community-Economic Development Clinic One of the things that Mr. Pitegoff will be devoting a lot of time to is the structuring of a new clinical program which will begin in the fall of 1989. The Community Economic Development Clinic will be a non-litigation clinic along the lines of the Low Income Housing Clinic which presently exists at the school. continued on page 7 cided the issue against JAG Corps, anticipates a court battle between the state and the federal forces that would allow JAG Corps' discrimination policy. Two major issues, which were barely discussed at the meeting, loom on the horizon. First, what will the University Administration and President Steven Sample say, if anything, about this resolution. Second, since JAG Corps has interviewed on campus in the past, despite already being in violation of the school's anti-discrimination policy, what are the chances that the faculty's most recent action will be enforced. Tragedy Strikes Heart of Law School Community On September 15th, in the midst ofSBA election madness, I was told that a fellow UB law student had been arrested for manslaughter. I began asking others what they knew about this student. An honors student. The most active member of the Prisoner's Task force last year. Running for Second Year Student Bar Association Director. The obvious question emerged: What Happened? The focus of this article will not be on what happened the night of September 13th. Only Stacy Glover and Tyrone Whitfield will ever know that. It will, however, focus on what has occurred since then. by Damon Scrota Layout Editor James T. Madore, general assignment reporter for the Buffalo News, stated in a September 15th News article that "Glover and Whitfield were apparently arguing at about 11 p.m. Tuesday when Glover stabbed Whitfield in the chest, according to Assistant Chief of Detectives Gregory Simonian." This quote is the single most incriminating characterization of what occurred that Tuesday night. 1975 John Humann, a graduate of SUNY at Buffalo's law school, agreed to handle the case after the law school called and asked for his help. Mr. Humann, a partner in Boreanaz, Baker and Humann, has worked with Buffalo attorney Mark Mahoney on a number of cases. He agreed to answer a number of questions over the phone on Saturday the 17th of September. His answers provide an illuminating counterperspective to Buffalo News articles dealing with this incident. Mr. Humann had this to say about Assistant Chief of Detectives Simonian's statement: "A pure guess. He is speculating that there must have been an argument because there was a stabbing. Stacy's statement is 100 percent favorable to his case. The police arrested Stacy because they thought that his explanation of how it occurred was inconsistent w/the depth of the knife wound." The Buffalo News, in a September 17th article by Matt Gryta (News Court Reporter), printed part of Stacy Glover's statement to the police: "The accident occurred as Glover was rushing to clean dinner dishes so he could leave the flat to take another friend to the airport, he said .. "Whitfield was at the stove cooking pancakes, with his back to Glover, who was standing at the kitchen sink shortly after 11 p.m. "The men turned toward each other when Whitfield threw something into the sink and Glover asked him what it was. "'As he turned around, I had the knife in my hand, and I was turning toward him,' Glover said. 'I am not saying I stabbed him. "'We were next to each other because my kitchen is small, and I had the knife in my hand, and I was standing at the sink while Tyrone was at the stove, which was behind me. '"I heard the noise, I turned around toward Tyrone with the knife in my hand and he turned toward me and the knife went into his chest area. it was the reflexes of "'. him turning toward me, (that's) why the knife went into his chest area .'" .. . SBA Elections Supreme Court Politics Analysis of the Presidential Elections' impact on the composition of the continued on page 7 p. 2 ..p. 3 Supreme Court. Unpatriotic Act? The validity of national identity and patriotism vis-a-vis the Pledge of Allegiance and flag salute. p. 3 �Student Organization News SBA Administration Articulates Policy and Procedures by Kimi Lynn King COMMITTEES The SBA has formed a committee to establish interview procedures for both the Special Program and Admissions Committees. As most of you know, these two committees are the most sought after appointments made by SBA. They are crucial to the future of this school, since these committees determine the discretionary admissions of incoming first year students. Because the committee is so pivotal, the SBA will be implementing a different procedure than those utilized in the other standing committees. This policy was decided upon after last year's fiasco when interviews were granted on a firstcome, first-serve basis. A number of qualified persons were arbitrarily prevented from interviewing. Additionally, it is not uncommon to have more than 20 persons interested in each committee. That means that the SBA has to make a trade-off. Conduct 2 minute interviews of everybody (which is ludicrous because how can we make such an important decision based on 120 seconds), or conduct longer, quality interviews based on impressive person statements from the candidates who are screened. Thomas Laurino, Audrey Miller, Martin Coleman, and Rohan Marshall will be determining the form and number of interviews and will announce these at a later date (subject to ratifi- cation by the full SBA). For now, all persons interested in these committees MUST submit a one page, single-spaced, typed letter of intent. The letter should nor be a resume, but rather should be a statement of why the person is interested in the committee. Candidates are encouraged to discuss their reasons for choosing this committee, and may also includetheirqualifications. However, it should be stressed that you need not have prior experience. These committees are designed to give persons an opportunity to provide feedback about Admissions policies. If you have any questions or comments please see one of the above listed persons. The deadline for the letter of intent has been extended to October 4 (Friday) at 5:00 p.m. Interviews will take place sometime after that date. In addition, the SBA announces openings for appointments on the following. Sub-Board One Representative (1 person) This person will represent the SBA at Sub-Board 1 meetings, and report to the SBA all activities by SBI which will affect the Law School. The representative also provides feedback to SBI concerning changes SBA is interested in pursuing as formal policy. This is an incredibly important position because SBI establishes the funding policies of our budget (including the student organizations). Social Representatives (2 persons) For those of you who are social animals, these two representatives will be responsible for planning social happenings (including parties, Law Revue, and the SBA semi-formal). The two reps will not necessarily plan all the activities, but will be responsible for recruiting persons who are interested in organizing SBA activities. Additional responsibilities include coordinating other Law School and campus-wide activities to insure that the SBA functions do not conflict with other fun things going on around here. Commencement Committee (4 persons + 1 alternate) This committee will coordinate graduation commencement with the faculty and staff. Responsibilities include plan- ning Senior Week, deciding Commencement Speaker possibilities, and communicating with all persons involved in planning Commencement. Obviously, only third year students may apply for the four voting positions, but first and second years interested in getting involved are also encouraged to apply for the alternate position. Please sign-up for an interview outside rm. 101. Datesand times will be posted. POLICY The SBA will be providing keys to the student organization offices. All officers for each organization must present a list of all persons who will be receiving keys. There will be a $5 refundable deposit per key to cover the costs of replacing the key in the event it is lost. Please see an SBA Executive Board Officer to obtain keys. All student organizations which have not submitted a list of its leaders should do so IMMEDIATELY! We must have a list to give to Dr. Gruber (who provides oversight to our funding process). THANKS! In order to receive funding outside of the already approp- riated budget, each person or student organization must prepare a budget request, by lineitem and make a presentation at an SBA meeting. If you have questions about this process, please see Greg Vinal (SBA Treasurer) to help you. Only persons and groups with a formal written proposal may appear at SBA meetings to make requests. For those student organizations who already received funding, the SBA is contemplatcontinued on page 7 SBA Election Results by Ivan Khoury The elections for Student Bar Association class directors held September 14th and 15th produced an unprecedented voter turnout, as evidenced by the 374 vote total. The second year had the highest turnout with 147 votes, divided among 23 vote gathering candidates, the first year race spawned 135 ballots distributed among 23 candidates, and the third year race generated 92 votes dispersed among 18 candidates. The First Year Directors are: Nidhi Kapoor, 49 votes, Mark Phillips, 43, Mark Steiner, 43, Audrey Miller, 40, Steven I. Rubinstein, 40, and Valda Ricks, 38. The Second Year Directors are: Christopher Reo, 86 votes, Betsy Bannigan, 75, Damon Scrota, 69, Mary Joyce, 64, Martin Coleman, 63, and Wendy Urtel, 60. The Third Year Directors are: LisaSizeland,7l votes, Thomas Laurino, 42, Douglas Smith, 41, 37, Jon Derek Rogers, Akiwumi, 15, and Awilda Matias, 14. The closeness of the above results should serve as notice to those not elected that they should continue to voice their concerns in school matters. Furthermore, the student body is encouraged to ensure that the Student Bar Association is made cognizant of issues of concern through their representatives, by voicing their concerns at meetings or by expressing their views through the Opinion or other publication. Ivan Khouryis SBA Vice-President for the 1988-1989 school year. REGISTRATION MUST BE RECEIVED BY 11/1/88.* —*HBH*"~ flpF m —��•{ 177717THE }*�*— rirrrwl ■4 L II " cost of or an v student still in law school who registers for the Pieper $ * New York Multistate Bar Review Course by November 1, 1988. I Ml MM MM WM ■ ■ fPn nil ■ 1111 111 fp ■HUU H ■ ■ ■ WM ■ 2 " *Law student's discount of $125 will be deducted from the m but All MM * * * WkM mm WLJMWk 4 The Pieper Coarse Includes: Complete lecture series ft Essay writing # Multistate Practice and Exam Multistate Professional Responsibility Exam (MPRE) Multistate Volume ft New York Law Volume Professional Responsibility Volume Plas /n c/fIW c^^ The Opinion September 28, 1988 For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. ' W° 747-4311 • The Bar Course That Care: TelePhone; ( 5 ' 9 W LLIS AVENUE MINEOLA NEW YORK 11501 �The Flag, The Constitution and Campaign Rhetoric by Emmanuel C. Nneji In the course of election campaigns it is normal for politicians and their support groups to fashion issues of debate capable of manipulating people and making the particular position(s) more tenable. While the present election campaign between Michael Dukakis and George Bush has not deviated from this norm, it has witnessed an issue that questions the sanctity of the Constitution as espoused by the Supreme Court. That issue is Flag salute. The discussion following makes no distinction between the Pledge of Allegiance and Flag salute, therefore the arguments made here apply in the same respects. When I hear talk about National Identity and Patriotism, I question why people have such feelings. It is obvious to me that the Flag is, first, a piece of cloth (that would most likely have been turned into a rag had it made an initial stop at any car repair shop). But it is not merely a piece of cloth. It has been drenched and processed in the experiences, emotions, and national identity which American people share. Americans cherish the flag not in and of itself but because of the symbolism of liberty and freedom attached to it. Accepting that the Flag symbolizes freedom and liberty, it seems ironic to me that it (the Flag) is being made a vehicle by which persons who choose to exercise their liberty and freedom are persecuted. In other words, if the Flag stands for the proposition that Americans are at liberty to do what they want (within legal parameters, of course), why is refusal to salute it an unpatriotic act? Such refusal appears to me to be consistent with the spirit oftheflag. Apparently one who questions another's patriotism, because that other fails or refuses to salute the Flag, is essentially questioning the validity and authenticity of the proposition that the Flag symbolizes free- dom. Whose freedom? As I understand it, the Flag endures both praise and persecution, and embodies the right and freedom of any person to participate in American life and activities in any manner he or she choose. After all, if those who want to establish a national Flag worship succeed in doing so, then it would also be proper for an anti Flag worship group to abolish it. Moreover, a major dynamic of an advanced political society is thatthepromotion of any position, political or otherwise, generates and nurtures its own opposition until such dominant position fades and is replaced by the formerly unpopular position or a completely new one. Perhaps the fact that Flag salute has developed as a campaign issue signifies that it is time to re-examine the Constitutional stance. But it is clear that public officers take oath to support the Constitution. If this oath is not to be made a mere formality, a truism, then public officials must be held accountable (by being voted out of office) for unconstitutional behavior when they seek to manipulate the political process by invoking positions which they know to be unconstitutional.The argument that most Americans may identify with the unconstitutional position cannot save the official because the constitution protects everyone alike, regardless of views, social and economic status, etc. It is true that the pronouncements of the Supreme Court do not physically exist in the Constitution. Consequently, one may argue, disobeying Supreme Court decisions is not tantamount to unconstitutional behavior. However, by vesting the ultimate power of interpretation in the Supreme Court, the constructively Constitution adopts such interpretations as part thereof. Yes, I understand that this means that even the most unpopular decisions are then constructively adopted. There is a judicial mechanism by which the Supreme Court nullifies the future effect of unpopular decisions. When such positions no longer serve the needs of contemporary society the Court has at its disposal the power to overrule them. This power is the functional constitutional amendment. It evaluates the ideals expressly stated in the original document in light of contemporary values. Additionally, it gives the Constitution the combined luxury of antique grandeur and contemporary competence. Following the above discussion, while I have been impressed by the extent of political participation generated by the Flag/Pledge issue, it appears to me that the manner in which it is employed by the Bush campaign may ultimately lead to a Flag shredding exercise. Americans cherish the flag in being free. I don't believe they will do so when they are in bondage; and this is where I see the Flag/ Pledge debate ending. Presidential Elections Threaten Balance of Supreme Court As the nationreadies itselffor the election to determine who will become the fortieth president of the United States, there has been a lot of discussion concerning the probable effects of a Bush or Dukakis presidency. While America as a country is more concerned with such issues as taxes, defense spending, and social program, members of the legal community appear to be focusing on a less explicit, but potentially more important issue: the fate of the Supreme Court. by Andrew Culbertson Features Editor Recently, I listened to a professor practically urge a group of students to vote Democrat in order to "save" the Supreme Court. The logic behind this plea was fairly straightforward. However, to fully understand its implications, one must be familiar with the makeup of today's Court. In strictly "political" terms, the Court is comprised of five "conservative" Justices, and four "liberal" Justices (these classifications, in many respects, are highly superficial). What makes this imbalance even greater is that as of next year, three of the four "liberal" Justices will be at least eighty years of age. If Bush were to win in November, biological reality dictates that he should be able to appoint at least two justices during his term. Since he is a the argument Republican, goes, this will give him a golden opportunity to strengthen the "conservative" hold on the Court. Many liberals are afraid that this scenario would have a disastrous effect upon such issues as a woman's right to have an abortion, the death penalty, and job discrimination among women and minorities. While I agree that this argu- ment has some validity, it makes too many unfounded assumptions. The Court should not be viewed in a strictly "political" light. To the extent that it is, thereis a mistaken tendency to look at the Court as if it were a voting body. In other words, people are too eager to equate an appointment by a Republican president as a "conservative" vote, and an appointment by a Democratic president as a "liberal" vote. The black and white distinction simply isn't accurate. History has shown that while a president can generally appoint (within reason), the Justice of his choice, he cannot always predict the posture that the Justice will take. One need only look at today's Court to see the truth in this statement. Justices Brennan, Blackmun, and Stevens, who have traditionally taken liberal positions in their decisions, were each appointed by a Republican president. Likewise, Justice White, who takes a conservative stance on most issues, was appointed by President Kennedy. Along these same lines, the opportunity for a president to "pack" the Court by no means guarantees that the Court's decisions will reflect presidential policy. As Stuart Taylor, Jr., former Supreme Court reporter, recently noted, "... despite Reagan's elevation of William Rehnquist to Chief Justice, and his appointments of Sandra Day O'Connor, Antonin Scalia, and Anthony M. Kennedy, his Administration has lost more of the political blockbuster cases than it has won." These include abortion and affirmative action, ".. two areas in which the Adminstration has battled most passionately to move the law to the right." Ironically, the Court "has pushed in the opposite direction, leaving the law more hostile to governmental restrictions on abortion, and more friendly to affirmative action, than when Reagan took office." Another phenomenon that the Reagan Administration didn't count on was the apparent change in Rehnquist since his promotion to Chief Justice. A good example of this change is seen in the stance Rehnquist has taken with regard to First Amendment rights. As an Associate Justice, Rehnquist had regularly rejected defense based on First Amendment rights. Taylor points out that . "as recently as the day before his nomination to suceed Warren Burger as Chief Justice, he had joined a Burger dissent suggesting that New York Times v. Sullivan (a landmark First Amendment case), 'should be re-examined." However, in the recent case of Hustler Magazine v. Falwell, Rehnquist "quoted liberally from Sullivan ruling for thefirst time that public figure plaintiffs in 'emotional distress suits', must, like those in libel suits, prove knowing or reckless falsity to win damages." What's even more surprising about his opinion is that he also stated that "extension of the Sullivan libel standard reflects our considered judgment that such a standard is necessary to give adequate breathing space to the freedoms protected by the First Amendment." Rehnquist has also taken a more moderate position on such issues as rent control, certain aspects of criminal procedure, and homosexual rights. While the reasons behind this change are speculative at best, the bottom line is that Rehnquist, at one time the most conservative member of the has repeatedly ruled against policies supported by the Reagan Administration. Ultimately, it would be foolish to suggest that the appointment of a Supreme Court Justice is a hit-and-miss proposition. More often than not, presidents have been accurate in their assessments of how a particular candidate will perform. However, in a situation of this nature, there are many factors that come into play. How many, you ask? Enough to make the future of theCourt uncertain, even in the event of a Bush victory. Court, Task Force Investigates Minority Hiring According to a 1986 article in the American Bar Association Journal, the numbers of minority lawyers are staggering. They national survey found that of the 618,000 lawyers in the nation, less than 5 percent were black or Hispanic. Literally thousands of minorities must be graduated from law schools before proportionate representation in the legal profession can be approached. by Daniel Ibarrondo Cruz Editor-in-Chief In 1984, a similar survey conducted by the New York State Bar Association found just over 4 percent of the 62,000 lawyers in New York State were black, Hispanic or Asian. In Erie County the numbers are also staggering. Of the 3,000 practicing lawyers in Erie County, less than 2 percent are minorities. In the area of private practice, of the six Erie County law firms with at least 50 lawyers, only two have minority attorneys on staff. The total number of minorities between these two firms is three. Of the twenty county law firms with at least 10 lawyers, 15 have no minority attorneys at all. With the American Bar Association (ABA) investigating the problem of the under-representation of minorities in the legal profession on a national level and the New York State Bar Association (NYSBA) investigating the problem on a state level, a similar effort was deemed crucial to resolving the lack of minority representation in Erie County. In 1987, several members of the Minority Bar Association of Western New York (MBA) approached George Zimmerman, then President of the Erie County Bar Association (ECBA) to inquire about forming a task force to look into the problem of the under-representation of minorities in the legal profession in Erie County. The ECBA referred the matter to one of its standing committees and the committee then passed a resolution to commission such a task force to explore the problem. It was determined that the most effective way to explore the problem would be through a joint task force between the MBA and ECBA. "Law firms must change their focus and look at people overall in order to make a better judgment of their qualifications." Richard F. Griffin The task force is co-chaired by Richard F. Griffin, a senior partner with Moot & Sprague, and Oliver C. Young, senior law assistant for the Eighth Judicial District and a member of the Minority Bar Association of Western New York. Mr. Young, recounting his personal experience upon graduation, stated that "minorities are not apply- ing to private firms and law firms are not interviewing. The task force would like to bring the two together." "A 'change of emphasis' is critical to any solution," stated Mr. Griffin. "Large firms only interview persons who look like they're in the top 10-15% of their class. Law firms must change their focus and look at people overall in order to make a better judgment of their qualifications. There are many persons who have the ability to become good lawyers who aren't in the top 20% of the class." The task force, as of yet, has not taken any testimony. The last couple of meetings have been devoted to discussions of what they've found and the type of programs they deem will be helpful to remedy the under-representations of minorities in private practice. In the next few weeks, the task force hopes to interview law student representatives of the minority student organizations. "Any success for a program would have to embody introducing the minority applicant for private practice into a law firm atmosphere as soon as possible," stated Mr. Griffin. Participation by the law school is important. The task force is comprised of four members of the ECBA, four members of the MBA, two members of the community and two members of the Law School. Representing the Law School are DeanAundra Newell and Dean Thomas Headrick. September 28, 1988 The Opinion 3 �OPINION fittS" STMT. UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 4 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: September 28, 1988 Daniel Ibarrondo-Cruz Donna Crumlish Andrew Culbertson Maria Rivera AlexeiSchacht Damon Scrota JeffMarkello Contributors: Ivan Khoury, Kimi Lynn King, Emmanuel C Nneji, Martin Sanchez-Rojas. ffl Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Words and Graphics, Inc. Editorial: Non-Discrimination Victory In 1983, Governor Cuomo issued Executive Order 28 prohibiting all state agencies from discriminating on the basis of sexual orientation. That same year, the SUNY Board of Trustees, following the precedent set by the Governor, passed Resolution 83-216 mandating fair treatment for students and employees on SUNY campuses. Specifically, the resolution provided that personal attitudes, preferences or practices such as private expression or sexual orientation, should not be the basis of judgement or action against students or employees. To add more fuel to this controversy, on February 10, 1988, the U.S. Court of Appeals for the Ninth Circuit ruled the Army's ban on homosexuals as unconstitutional. The Federal Court of Appeals, in their decision, prohibited a branch of the armed services from excluding people on the basis of sexual orientation. The ruling was hailed as an important legal victory for homosexual rights. The faculty-student decision to ban JAG Corps from recruiting at the Law School via the Career Development Office appears as the culmination of years of protest by UB Law students. Gay discrimination in the military is presently an issue on a national level and may reach the Supreme Court if the San Francisco ruling extending the suspect classification to gays is appealed to this level. Previously, gay discrimination was tested against a rational basis test. In light of prior decisions rejecting the extension of this category to age and gender discrimination, it seems unlikely that the Supreme Court will allow the lower court ruling to stand. Only when discrimination is within the suspect classifications will affirmative action be justified. The faculty-student decision to enforce a non-discrimination policy was forthcoming. The military may have been stopped, at least momentarily, at the doors of O'Brian Hall. Overall, however, the military is a government entity which is subject to change through either judicial, executive or legislative action. All roads must be pursued. OTPHINM E AILBOX Dukakis' Stand on Pledge Defies Law To The Editor: Concerning the recent debate on the Pledge of Allegiance issue, regarding Governor Dukakis' veto of legislation requiring public school teachers to lead their classes in the Pledge, most people seem to be missing the salient point. It is not the Governor's veto which should alarm us, but his subsequent declaration that he would not enforce the law. Certainly, it is well within the authority of any executive to veto legislation which he/she feels is not in the best interest of those within the jurisdiction of his/her governance, or which that person believes is unconstitutional, or for any other reason. This is why executive vetos exist. No one should criticize an executive for exercising their veto power in accordance with their own moral convictions. Clearly, the legislation in question concerns issues upon which reasonable men might differ. However, Governor Dukakis' veto was overridden in the legislature by an overwhelming number. The people had spoken through their duly elected legislators. The law was passed according to our constitutional principles of law making. This did not impress the Governor. He declared that he would not enforce the properly enacted law of the State of Massachusetts. It is no answer to this charge to say that the Governor is not responsible for enforcing the law. It is no answer to say that the state's Attorney general and the state's Prosecutors are responsible for enforcing the law. Surely, noone would arguethat the Governor of a state has no influence over these people (who subsequently declared they would not enforce the law, either). Mr. Dukakis would be President. Are we to assume that he, and he alone, would decide which laws are to be enforced and which are not? Mr. Dukakis seem to be saying that this is precisely what he would do. It would seem that a President Dukakis would not concern himself much with the power of the legislature to override a Presidential veto. He would simply direct the Attorney General not to enforce any laws that he, Mr. Dukakis, did not agree with. I cannot help but wonder what Mr. Dukakis' reaction would be, should President Reagan choose not to enforce the plant closing law, or civil rights legislation, or congress' textile imports. What is it that makes the Governor believe that only his views should be enforced, regardless of the will of the people? Could it be his belief in the complete superiority of his Harvard education? If Mr. Dukakis truly believes in his own infallibility, perhaps he should run for Pope instead of President. Keith L. Woodside Second Year Law Student SBA Blunder Letter to the Editor: On September 13th of the semester, the Student Bar Association held a lottery for ballot placement of SBA Director candidates. This was also the second day of Rosh Hashanah, the Jewish New Year and holy day for all Jews. On September 20th, the SBA held itsfirst meeting of the year. This night was also Kol Nidre, the eve of Yom Kippur; Yom Kippur is the day of repentance for Jews and considered by some to be the holiest day of the year for Jews. Why? Damon H. Scrota 2nd Year SBA Director recent protectionist quotas on Financial Aid Monies Still Available (Special to The Opinion) Students who will be starting or returning to classes on college campuses across New York this fall should visit financial aid offices at their schools and apply for aid if they have not already done so, said Peter J. Keitel, Acting President of the New York State Higher EducaCorporation tion Services (HESC). In an open letter to college newspapers across the state, Mr. Keitel urged students to fully explore their eligibility for financial aid, noting that nearly $2.5 billion is available in State, federal, and institutional funding for postsecondary study during the 1988-1989 academic year. According to recent figures gathered by HESC, elgible New York State students may share in $2.5 bilion worth of government and institutionally-funded grants, scholarships and loans this year. About 40 percent of that amount is in the form of need-based federal and State grants. The fall is not too late to apply for this kind of aid, since applications for New York's Tuition Assistance Program (TAP) grants and for the federal Pell Grants are accepted as late as May 1, 1989. The advisory letter also noted that many postsecondary institutions will waive some or all of the tuition payments due at registration time, if student financial aid is expected. Students whose schools do not permit tuition waivers will receive TAP refunds if they qualify for the grants after paying for their studies. "Fall is traditionally the most hectic time of the school year, especially for those of you who may have only recently decided to begin postsecondary study," Mr. Keitel wrote. "While attending to other last-minute details, you may have overlooked financial aid opportunities, or assumed it was too late to apply. We want to reassure you that help is still available, but you must take the time to find out if you qualify." HESC estimates that 40 per- cent of the $2.5 billion in stu- dent aid available this year will be in the form of low-interest, federally-guaranteed loans. More than $800 million is expected to be available in Stafford Loans (formerly called Guaranteed Student Loans or GSL's). Over $500 million will be available in Pell grants, 10 percent more than last year's total. A total of $104 million will also be available in other federal Title IV aid. More than $410 million will also be available in State-sponsored aid. Over $380 million will be in the form of TAP grants, a figure which reflects an increase over last year's appropriation. Eligible students can also rely on approximately $450 million in aid from institutions, according to HESC estimates. HESC's letter was mailed to college newspapers at nearly 200 postsecondary institutions across the state, most of them two-and four-year public and private colleges and universities. The New York State Higher Education Services Corporation is the State's student financial aid agency. HESC administers 21 student financial aid programs, including the new Liberty Scholarship program. HESC also provides training and technical services to financial aid administrators, high school guidance counselors, and lenders, and researches and reports on the impact of financial aid on access to higher education. The Official 1988 Publication Schedule For The Opinion Issue 29:5 29:6 29:7 29:8 Deadline Layout September 30 October 5 October 14 October 19 October2B November 2 November 9 November 16 November 30 (Friday) November 11 (Wednesday) Publication (Wednesday) October 12 October 26 All submissions must be typed and handed in no later than 5:00 P.M. on the deadline date. Submit all articles to The Opinion Office, 724 O'Brian Hall, or to Daniel Ibarrondo (Box 410) or Donna Crumlish (Box 59). 4 The Opinion September 28, 1988 �Scenario Portrays Judges as Insensitive To Immigrant Exigencies by Martin Sanchez-Rojas Many of us have probably been in one court or another. Probably, we have been in city court fighting a DWI charge or a minor mishap. Some are fortunate to have been in Supreme Court either as a spectator or participant, but few of us have had the pleasure of being in front of an immigration judge. The following is a general scenario of what an immigration court is likely to be. Please understand that this is simply a scenario and is not representative of any jurisdiction. Torquemada is an Immigration Judge. He is the maximum representative of that infallible institution —the Department of injustice. He, like most immigraton judges, or judges in general, is a character. More importantly, he is unfair, unjust, incompetent, and detrimental to the legal system. The Immigration Judge is not supposed to allow civil or criminal proceedings to arise, but often these administrative hearings are turned into such fiascos. Often these judges forget that it is not them, but the immigration attorney who is supposed to be trying a case. Is a judge supposed to be an impartial and objective individual? Some immigration judges have already determined that a respondent is guilty before he or she has had a chance to say anything at all. Godforbid if you do not speak English! Immigration judges usually get upset if you do not speak English. If you know something about what I'm saying here you will probably agree whenI say that there is a lot, and I repeat, a lot, of ethnic favoritism in immigration courts. Positive decisions are almost always rendered for Eurocitizens and almost always negative ones for foreign looking and sounding people. Racism anyone? To say that thesedecisions upset you is an understatement. Por ejemplo, let me give a hypothetical which is a compilation of various cases that I've noticed in the last couple of years which reflect something of the character of these Reagan-era dinosaurs: Immigration Judge (IJ): "Has the respondent read and understood the Order To Show Cause?" Counsel: "Yes, Your Honor." IJ: "Hum, he's from Latin America! Well, I guess we'll deport him!" Counsel: "Your Honor, my client comes from Guatemala. He is a Quiche indian and has been persecuted and tortured in Guatemala by the government and the armed forces." IJ: "As far as I am concerned there is a genuine, democratic government in Guatemala and our State Department has nothing but praise for that country. Uh, where is Guatemala? Oh, I remember. Bananas, coffee, uh, fruit company. Oh yeah, I know where it is. So counsel, what's the problem?" Counsel: "My client left his country four and a half years agoforthefollowing reasons..." IJ: "Get to the point counselor!" Counsel: "Your Honor, my client lived in the Quiche region of Guatemala. He was a farmer who got involved in a small local farmer's union. This union was created so that the independent farmers could sell their produce at local markets and set prices. My client, along with the 36 other members of the union, were arrested in 1984 by the army and held at a local garrison for about a week. They were accused of belonging to the guerrilla. They were accused of being the subversives who had destroyed a large bridge over a hundred miles awayfrom theircommunity. No proof was ever presented. The only reason these farmers were arrested, was because the properties they live on had large oil reserves beneath the ground." IJ: "So what's the problem? I really see no point in continuing this testimonial. Your client has violated various immigration codes and there is really very little you can tell me which would convince me not to deport him!" Counsel: "Your Honor, my client was arrested, as I mentioned, and tortured. He received approximately 87 cigarette burns on his back and on his legs. Thirty-one of the 36 members of the farmer's union are unaccounted for and presumed dead. Americas Watch, Ammesty International and the Guatemalan Human Rights Commission based logically in Mexico have documented this massacre." IJ: "Massacre? There were only 31 killed!" Counsel: "Your Honor, my client's wife was abducted and held incommunicado for 23 days at a garrison 52 miles away from her village. Your Honor, she was six months she was and pregnant molested! Your Honor, my client's brother, brother-in-law and his uncle have been made to disappear in the last year and a half. No charges have been made known. They were simply terrorized. Their whole village is a strategic hamlet and thoroughly atomized. No one can go in or go out without permission." IJ: "So what do you want me to do? Do you have any proof?" Counsel: "Your Honor, My client has documentation and will apply for asylum in the United States." IJ: I will question your client, through an interpreter." , are you a com"Mr. unist? Have you ever been involved with the marxist-leninist guerrillas? Guatemalan: "Never. I was only a simple farmer trying to protect my land and my family!" IJ: "You did not answer my question! If you were a communist, then the democratic government had every right to defend its people. Isn't that correct, Mr. ?" Guatemalan: "Your Honor, I have never been involved with the guerrilla. I do not know who Mr. Marxist-Leninist is. I am simply a farmer." IJ: "Why did you come to the United States?" Guatemalan: "Because there is freedom here and the army does not kill ordinary people everyday and everynight." IJ: "But you have democracy in Guatemala and hence you must have freedom. Don't you agree?" Guatemalan: "There is no freedom in Guatemala. If you are an indian farmer who demands his right you will end up dead." IJ: "I've never heard of such things. As far as I am concerned, that only happens in communist countries like Cuba and the Soviet Union." Guatemalan: "Your Honor, I hope that someday you visit Guatemala and my village." IJ: "Counsel, I grant you fif- teen days to present documentation for asylum. If you do not have the proper documentation at that time , then I will deport Mr. back to Guatemala. As far as I'm concerned, this is a frivolous attempt on your part counselor. You're simply trying to delay the deportation of Mr. In addition, I will set bail at $10,000. If he cannot place bond, then he will be turned over to deportation/border patrol to do what they want with him. Proceedings closed! How I hate this job!" ... IJ: Next case, let's see A Chilean and then a South African. No Problem. I should be out ofhere before lunch time!" IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 September 28, 1988 The Opinion 5 �Which Bar Review Doesn't Charge Extra Eor Its Extras T IA certain bar review course which charges an extra $95 to $225 for its "multistate workshop." Kaplan- SMH Bar Review Services which includes a comprehensive Multistate Question Volume, 18 hours of in-class Multistate Question analysis, 2 practice exams, and a Diagnostic Analysis to identify strengths and weaknesses, all woven into an integrated review course at no extra charge. Ask The Right Questions, Get The Right Answers* See your CampusRep, orcall: |TT« STANLEY H. I (]l\r\l Lr%Ml~JlVlll Stanley H. Kaplan Ed. Ctr. Ltd. LrXV IBAR REVIEW SERVICES 1 330 Niagara Fal.s Blvd. Tonawanda, New York 14150 T (716) 837-8022 (800)2234782 (800)343-9188 ©1987 Kaplan-SMH 6 The Opinion September 28, 1988 __ | �In The Public Interest: Alternative or Reaction? by Emmanuel C. Nneji In the heat of passionate debates and discussions it often happens that participants and sympathizers lose their cool, and emotions that identify with the topic of discussion run wild like a desert fire. As any law and non-law student who was fairly "present" on the Amherst Cam1987/88 pus during the academic year would agree, UB Law School experienced quite a lot of heated debates ranging from international issues, such as South Africa and the Middle East, to matters of national and local significance, such as the notorious UB Law Faculty Statement and the frustrating grading system. For a significant amount of time the Buffalo Law Review (and the concept behind the present status of Law Review in general) generated popular issues of debate. Suddenly it was time for exams and the pressure to reach the "Q-Train" station on time was on. In The PubInterest, a UB Law journal, was released and free copies were put in all (?) the boxes in the mail-room. I read the article by Jay Lippman, a UB Law alumnus and current Assistant District Attorney at the Manhattan District Attorney's Office. I also skimmed some of the remaining articles. While I found some of the articles interesting, I was taken aback when I noticed on the top cover of the journal the subcaption An Alternative Law Review." I felt a strange sense of injustice and subtle humiliation for the authors of the articles published in the journal. I looked around for previous volumes of the journal because I felt that the choice of the subcaption was based upon the editorial committee's sympathies and identification with the negative sentiments generated about Law Review in the process of the debate. Consequently, I was not too surprised to find that the previous six volumes of In the Public Interest had been sub-captioned A Review Of Law And Society (or something similar). It seems to me that in the process of responding to the eloquent activism that typifies UB Law, the editorial committee chose a means that symbolically gratifies the anti Law Review sentiments, but operatively contradicts the basic premise of the arguments made by the anti Law Review debaters. I say this because of the following reasons: The Buffalo Law Review was characterized during the debate as "the last bastion of elitism" at ÜB. This characterization generally captures the basic premise of the anti Law Review sentiments. The • • • goal was to defeat the elitist appearance of Law Review in general and make it more accessible to all students who are interested. The use of the sub-caption that I complain of is patently inconsistent with the spirit of anti elitism vis-a-vis Law Review. This is so because of the use of the word "alternative." The word "alternative" means that which is an alternative is not the preferred choice. In other words, even where it is intended to suggest co-equality, the fact that one is ultimately chosen over the other reflects a lack of parity. The one is preferred but if it does not work out we will go ahead with the other. It perplexes me that the editorial committee has chosen to present the journal in a manner that glorifies Law Review and slights both In The Public Interest and the values inherent in the anti Law Review argument. Characterizing the publication as An Alternative Law Review may signify that persons who are adverse to Law Review and have an interest in similar experience or publication actually have another choice. It also translates into certain, but probably unintended and unacceptable, recognitions and sugges- Student Tragedy Glover's bail was originally set at $200,000 by City Court Judge Anthony P. Loßusso; County Supreme Court Justice Mario Roisetti reduced bail to $50,000. An anonymous donor furnished $5,000 for a partially secured bond. A large amount of concern has been displayed by students in the UB community. A group of students went to visit Stacy Glover at the Erie County Holding Center on Thursday, September 15th. One such student, Daniel Ibarrondo Cruz, agreed to be interviewed about this matter. "A group from the law school went to see Stacy at 2:00 p.m. upon learning of his arrest and the charges brought against him. When we got there, there were about 15 other students, law students and undergraduates, waiting to see Stacy Glover. Jerome Reid, an undergraduate friend of Stacy from Syracuse University, and I were finally allowed to visit him. I spoke to Stacy and he appeared to be in a calm but confused state. Everything was happening so fast that he was unable to organize his thoughts. He could not believe that his friend was dead. We spoke to him a good half hour. "When I came out and saw the contingency outside, I was told that there was going to be a meeting to discuss strategy at the Black Student Union in Talbert Hall.When I gotthere, I told the group about Stacy and his condition. The group then decided that the first thing to do was to talk to law school officials about the extent of their involvement in the Stacy Glover incident. We were also pressed by John Humann with the urgency of getting Stacy out on bail. It was his opinion that otherinmates would conjure up from page lies that could be injurious to Stacy's case. "At this point in the meeting, an ad hoc committee was formed. We were informed of the lack of resources that Stacy's family had. The purpose of the committee was to try and help Stacy with bail and his legal defense. The law school was also concerned with his legal representation. "Five of us were asked to write a letter to the Dean of the Law School about Stacy's case; they were Derek Akiwumi, Patricia Parris, Peter Ryan, Martin Sanchez-Rojas and myself. We wrote this letter and presented it to the Dean on Friday morning. A cross-section of law school organization members also attended this meeting. "The Dean told us at the meeting that his concern was to make sure that Stacy had legal representation early in the game. It is my understanding from the meeting that Dean Filvaroff and Aundra Newell sought out legal representation for Stacy. John Humann, who was contacted by the law school, has taken on Stacy's representation in the early stages. "The ad hoc committee, as of now, is disbanded because we cannot be concerned with a monetary committment at this stage in his case. The committee raised between 900 and 1000 dollars for Stacy's bail and legal defense." Neither Dean Filvaroff nor Aundra Newell were available for comment at the time that this article was written. Also, both Assistant Chief of Detectives Gregory Simonian and Buffalo Police Commissioner Ralph V. Degenhart refused to comment on the case at this time. . .. . I According to John Humann, "Everything that I have seen in this case has led me to believe This that it was an accident. case centers on a basic fact the burden of proof question of guilt beyond a reasonable doubt lies with the prosecuting attorney the whole thing comes down to Stacy he will be the star of the show." ... Buffalo News reporter Matt Gryta reported on September 21st that Stacy Glover was "undergoing psychiatric observation at the Erie County Medical Centerafter an apparent suicide attempt, law forces said Tuesday afternoon." According to John Humann, Glover's attorney, "Stacy /sat ECMC. He went in there because he was sick. I think that it would be an unfair conclusion to say anything beyond that. He obviously to»k too much medication. I don't know if he tried to commit suicide. As far as a psychiatric evaluation, I don't know if that is true either. As of yesterday, the toxicology reports had not yet gotten back from the lab." According to the article by Matt Gryta of the Buffalo News "Prosecutors Tuesday filed an indictment affidavit in Buffalo City Court, informing Judge Anthony P. Loßusso that a grand jury earlier in the day had voted to charge Glover in the fatal stabbing, which occurred Sept. 13 Humann didn't have Glover testify before the grand jury because, Humann said, prosecutors rushed the case through the grand jury so quickly that he didn't have time to make a 'reasonable decision' about defense strategy ." Finally, whatever the outcome, people should leave the question of guilt or innocence to the jury of his peers. It does not serve justice to prejudge anybody accused of a crime. As law students, I feel a number of us still need to learn that lesson. ... tions: (I)the editors accept (maybe subconsciously) that there is a distinction that characterizes Law Review; (2) given a choice, the editors would rather work on or publish a Law Review journal than In the Public Interest journal (this is so if we follow the logical implications of the word "alternative"); (3) if one can find similar articles in Law Review publications, one is advised, suggestively, to read them and ignore whatever that is published in In The Public Interest regardless of substantive and analytical parity or superiority. I have conclusively presumed that the sub-caption was changed in response to the concerns generated by the Lavt/ Review debate. The perversive and defeatist attitude present in the use of the chosen sub-caption, coupled with the hypocritical implications I have pointed out here, ulitmately led to my reacton that the editorial committee had compromised the dynamic of the anti Law Review debate. If the journal must continue, and I think it should, it must suggest and show, on its cover and elsewhere, the quality of a genuine law school journal. It ought not, and should not, be an alternative to any other form or type of publication. As long as In The Public Interest is presented as An Alternative Law Review it will remain unjust to the students, lawyers, and other persons who publish articles therein. In addition, no one would accept it as a bona fide journal. New Faculty Member from page I Students in the clinic will be part of a community outreach program and may be involved in any of the activities that a business lawyer partakes in, ranging from the most basic to the most complex. The difference will be that it will be "Business Law for labor or the community rather than for people who usually take advantage of Business Lawyers; It is Business Law in the Public Interest." "The focus will be on community based organizations rather than individuals, organizations that are involved in some sort of effort at job creation or job retention." Eventually there may be an opportunity for public policy work with the State and issue oriented groups, depending on the direction the clinic takes. This spring a pre-clinic seminar will be open to a larger number of students than will be in the clinic. The seminar will be used as an opportunity to involve students in actually planning for the clinic before it is underway. The seminar however, is not a prerequisite for the clinic and likewise an interest in the clinic is not a prerequisite for the seminar. Mr. Pitegoff stresses that UB is one of the few places where he could experiment with a new clinical program such as this one. "I don't think it would be possible if it weren't so receptive an environment It's a very impressive faculty, this Law School is an oasis." Mr. Pitegoff's practical experience and enthusiasm about the Law School should prove to make him a welcome addition to the oasis. SBA Policy from page 2 copy. That means that organi- ing issuing funds on semester allotments (half your money in the Fall, half in the Spring). The reason behind changing this policy is fairly clear. Some groups work very hard all year round and use their funds appropriately. However, some groups don't do anything in the Fall and then race to spend all their bucks in the Spring to prove that they needed the money. This results in fewer Fall activities and a zillion Spring functions which serves to limit the total numbers of people who can participate (there is only so much that one person can do!). This proposal will be brought up in front of the SBA within the next few meetings, so please provide us with some feedback. The SBA will be sure to announce when the proposal will be brought up, but you should be discussing this with your Class Directors in the interim. In order to appear on the SBA agenda, you must leave a written request in Michael Small's (3rd year) mailbox no later than 24 hours prior to an SBA meeting. The agenda will be decided after that, and if you do not have a request in, you may only appear at the discretion of the Board for that meeting. About those copy numbers In case most of you aren't aware, the copiers in the 3rd floor copy room cost 7 cents a copy. To do off-set printing (which has fairly short turnaround time) costs 3 cents a . .. .. (Peter Pitegoff makes his debut at UB Law School along with new faculty member MuhammadKenyatta; Mr. Kenyatta will be featured in the next issue of The Opinion.) . zations who fail to use the offset copiers are wasting their funds! In addition, the off-set copy people can collate, staple and even do two-side printing, which saves your organization time! In order to streamline the costs, the SBA is going to hold off on giving out copy numbers until we can establish a policy which isn't wasteful. If you have fewer than 20 copies, see Greg Vinal about making arrangements to use a temporary number. If you have more than 20 copies, GET YOUR ACT TOGETHER in time to submit an off-set copy request. The budgets are hard pressed this year. We can't afford to waste a penny! WORD WRIGHT SHOP Processing •• Word Typing • Graphics / Cover • Pick-Up & Delivery • Resumes Letters Free Call: 652-8163 September 28, 1988 The Opinion 7 �-- — ■ 11.. i i i —— . 111 _ VBa.va>->ww— ■i ii pnHara^BHßnißiMn*-m«<^nMHanaiV>~^>lllvWH| yourl*J T^tWamttc crrv f>, BAR A Bffl BAR BRI Leaves Nothing To Chance. ta/fcrr The Nation's Number One Bar Review. 4154 Seventh Aye., Suite 62, N.Y., N.Y. 10001 (212) 594-3696 (201) 623-3363 160 Commonwealth Aye., Boston, Mass 02116 (617) 437-1171 8 The Opinion September 28, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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He further stated that this particular activity "certainly seemed political," and continued on page 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 14, 1988 What began as "much ado about nothing" has suddenly turned into a serious legal matter. Last spring, then third year students Kenneth Neeves and James McCluskey initiated a lawsuit against the Student Bar Association (SBA), alleging that between the SBA funding a student group for "educational" purposes as opposed to "political" purposes. In the words of SBA President, Kimi King, "the SBA cannot legally fund a student group that isaffiliated with partisan politics." by Andrew Culbertson In legal terms, the claims made by the plaintiffs are based on what they describe as the breach of an implicit contract. Each law student pays a mandatory activities fee of $51.00 (directly added into the student's tuition), which goes directly into the SBA budget. The plaintiffs contend that the use of money by the SBA to fund, in their words, certain "politi- Features Editor their student activities fees had been misspent. Last week, a judge in the Small Claims Part of the Town Court of Amherst made an initial ruling that has placed the SBA in a somewhat precarious position. The controversy itself revolves around the distinction Volume 29, No. 3 cal" activities constituted a breach of this contract, and they are seeking to recover the $51.00. King, on theother hand, has stated that the payment of the student fee does not create a contract. She claims that the student fee is a mandatory payment which merely gives the student the opportunity to participate in one of the various student organizations. McCluskey and Neeves have cited three instances where the SBA alloted funds for allegedly "political" activities. The first of these involves the SBA support of an anti-Bork table sponsored by the National Lawyers Guild (NLG) last October. According to King, the SBA gave the NLG $180.00 which was used to purchase stamps and envelopes. These were subsequently used to mail anti-Bork form letters, which were available at the table. The second cause of action addresses the SBA's involvement in last semester's campaign to help save SUSTA (State University Supplemental Tuition Assistance), which was in danger of being cut from the State budget. In this instance, the SBA spent $88.00 on stamps and envelopes which were used to send form letters to Albany. Finally, McCluskey O THE PINION Way Fami Theeldly Leads School Fiin Law Symposium Matrimonial/family law is a growing field in which laws are being added and amended almost on a daily basis. The practice has witnessed a growing interest in it in the last ten years, particulary since the decision in O'Brian v. O'Brian, whereby a professional license acquired during marriage was deemed to be marital property and subject to equitable distribution. Daniel Ibarrondo-Cruz Editor-in-Chief UB Law School has been part of this interest in the field of matrimonial/family law. In 1987, UB Law School was one of the first schools in New York State to participate in a program developed by the American Academy of Matrimonial Lawyers. In 1987, when the program went into operation, three schools participated in the program. The othertwo law schools being Fordham University School of Law and Hofstra. Since 1987, seven additional law schools have participated in the program. Among these are St. John's, Columbia, Brooklyn, Cardozo, Cornell, Syracuse, New York University, Touro and Pace. The program, developed under the administration of Paul Birzon, while President of the New York State Chapter of the American Academy of Matrimonial Lawyers, was instituted to provide an award for students who demonstrated outstanding academic performance in the area of matrimonial/family law. The concept was that a plaque would beprovided to each participating school so that the names of the recipients of the award would be displayed on name plates. AAML The American Academy of Matrimonial Lawyers (AAML) is a national organization consisting of about 1100 members. Most states have chapters with New York State having the largest chapter with over 200 members. The requirements for admission into the AAML Paul Birzon The symposium, co-chaired by Paul Birzon and Professors Isabel Marcus and Louis Schwartz, featured nine practitioners and a psychologist speaking about various aspects of matrimonial law practice. Registration forthe symposium was well over 150. The event was well attended, about 70 participants, despite the blizzard that occurred. the last year," stated Paul Birzon. This year the AAML is planning to invite all of the students that are recipients of the award to meet in N.Y.C. and attend one of theAAML's dinner/meet- The UB Law School Faculty has complete autonomy in the selection of law students to receive the Family Law Award. Selection is made from those students who have demonstrated outstanding academic achievement in the area of family law. Jeff Markello, Photography Editor are very stringent. Unlike the admissions policy of the American Bar Association where the only criteria is the payment of a fee, membership into the AAML is exclusive. To qualify for membership into the AAML a lawyer must have practiced at least five years in the matrimonial/family lawfield. This has been defined to mean that at least seventy five percent of an individual's practice must consist primarily of matrimonial law. It also re- The symposium was emphatically welcomed by law students who soughtto gain an additional edge in the matrimonial law field. It was a learning experience whereby students expanded and built upon the knowledge acquired from family law courses and obtained an insight into what actual practice in this field is like. "It's the academy's (AAML) aim to have every law school in New York State as part of this program. We are proud of the accomplishments we made in ily Law Award from the AAML was Sara Nichols (1987). This prestigious award which will bear the name of the recipient will be proudly displayed in the Charles B. Sears Law Library. This year's award was given to David Woods, a 1988 graduate of UB Law School. Isabel Marcus Jeff Maikello, Photography ings. This will allow these Editor stu- dents who have indicated an interest in matrimonial law as a career to meet with some of the leading matrimonial lawyers in New York State." AAML Family Law Award The first recipient from UB Law School to receive the Fam- Although the award is an important aspect of the program, it is complimented by the interaction between the participating law schools and the AAML. Paul Birzon, who is committed and enthusiastic about the program, aptly stated that "it's a good opportunity to meet with AAML members, who are after all prospective employers, and exchange ideas." SUNYAB Aid Crisis Explained Louis H. Swartz Jeff Markello, Photography Editor quires the completion of a lengthy application and suc- cessful passing of an oral and written examination. Consequently, because of the prestige attached to the AAML, some of the leading names in matrimonial law are members of the organization. The law student body and faculty at UB Law School has benefitted from its interaction with the AAML. This past February, 1988, a symposium entitled "The Practice of Matrimonial Law: A Lesson in Reality" was held at the law school. When federal financial aid guidelines and regulations were altered the software tables that drive most of the computerized financial aid services were also changed. Because of these changes, which theentire S.U.N.Y. at Buffalo campus was unable to adapt to, law students' financial aid packages have been severely delayed. According to Marlene M. Cook, assistant dean for resource management "part of the problem was that we are using a computer that most of by Alexei Schacht News Editor the schools in the country are not." As a result. Cook said, "they [financial aid packages] will all be delayed." The entire S.U.N.Y. financial aid system is on a UNISYS computer. The problem, it seems, is that the Sigma Corporation, which supplies the University with its financial aid packaging software, makes IBM compatible software which is hard to adapt to a UNISYS system. Although the University has been working with UNISYS since the Spring of 1988 to incorporate the new financial aidtablesthey have not been successful. As a result, the Law School has had to process financial aid packages manually. This is a Herculean task, to say the least. Because Assistant Dean Cook knew that the University would work on processing undergraduate applications before those of graduate students she "panicked." Without emergency measures being taken law students would not be able to receive checks perhaps until November. But, beginning on July 5 the Law School "tookaggressive steps, and spent money we'll never get back," according to Cook, in order to process law students' applications. Most notably, this meant that two students would have to be hired to work full-time to process the applications. Since Cook "wanted someone quantitative" who would be "good and quick on a calculator and a keyboard" she hired a computer science and a management student to do the work. They have worked "eighty hours a week" to get the job done. continued on page 2 inside... Opinion Recruitment Party SBA Class Director . 4 5, 7, 8, l(), tl. 12 Election Statements Desmond Moot Court Schedule 15 �UB Law School Becomes More Competitive (The statistics used in this article were madeavailable by the SUNY at Buffalo Law School Office of Admissions and Records) The number of applicants vying for a spot in UB Law's class of 1991 was up 16% from the previous year. This year UB Law received 1,723 applications for admission, in 1987 the total was only 1,445. Of the 1,723 applications received, 540 were extended offers to study at UB and 262 ultimately enrolled.This compares to 663 applicants extended of- fers in 1987 and 259 enrolled in the class of 1990. The number of male and female members in the class took an interesting turn from the year before. The composittion of the current first year class is 140 men and 120 the Law School, suggests that this kind of reversal in alternate years is not unusual, nor is it intentional on part of the admissions committee. The composition of the Law School is a reflection of those people who want to attend. by Donna Crumlish The school naturally extends offers to those persons most qualified but it has no control over who decides to enroll and accordingly can not "make" equal numbers of men and women attend each year. The number of students ac- Managing Editor women. Last year's first year class was made up of almost the exact opposite, 119 men and 140 women. Helen Crosby, registrar for cepted into the Legal Methods program has decreased slightly from last year. In 1987, 63 students (25 men and 28 women) were enrolled as Legal Methods students, this year 57 are enrolled (25 men and 32 women). The median LSAT score for those enrolled in the class of 1991 is 34. This is identical to the medium LSAT score for the class of 1990. The medium LSAT for all the applications received this year was 31. According to Helen Crosby this number reflects the high quality of applications that are received by ÜB. and the median undergraduate GPA for the class of 1990 was 3.25. For those students who are enrolled, the scores are higher. The median undergraduate GPA for the class of 1991 is 3.23 The fact that the academic statistics for the two years are similar represents a consistency in the academic quality of all of UB Law's 793 students. SBA Lawsuit from page that if it turned out that his court had jurisdiction to hear the case, he would give the plaintiffs their money back. Ultimately, it was the question of jurisdiction that savedthe SBA at this point in the proceedings. The SBA, which is being represented Pamela by Neubeck of Group Legal Services, has several arguments to supports its contention that the small claims court lacks the jurisdiction to hear this case. One of these involves the question of administrative appeal. An administrative appeal, which the plaintiffs elected to bypass, involves presenting the case to the Director of Student Activities, Dr. James Gruber, who oversees the SBA budget. Upon his ruling, the decision would be subject to review by a board of university trustees. The SBA believes that the plaintiffs' failure to exhaust this appeal deprives the small claims judgment in its favor. For Neeves and McCluskey, it's more a matter of principle than money. "A person shouldn't be compelled to pay money for something that he or she doesn't believe in," stated Neeves. With this in mind, Neeves also noted that he and McCluskey are willing to take this case "as far as they have to within reason." For the SBA, principle, obviously, is not the only thing at stake. As was noted, a judgment for the plaintiffs could have a devastating financial effect on the SBA. However, King is also concerned that if theSBA is forced to pay out a large sum of money, this will dramatically affect the position of the SBA in regard to the student groups that it funds. "If the SBA faces a situation where it could lose money every time a group does something that's arguably political. court of jurisdiction to hear the case. Another area of contention concerns the amount of damages involved in the case. While a ruling in the plaintiff's favor would initially cost the SBA $102.00, such a ruling would open the door for any student who wanted his or her money back. Since the decision could costthe SBA literally thousands of dollars, the SBA argument is that it is no longera small claim, and should be heard by a higher court. Judge Robinson has requested that the SBA submit a brief in support of these arguments before he makes an official ruling. Although no deadline was given, the SBA plans to submit its brief within the next three to four weeks. Although this case may appear quite trivial to the average onlooker, each side has compelling reasons for wanting a groups will have to check with the SBA before they do anything. This could prove to be quite limiting andtimeconsuming. It's not the SBA's function to tell groups what their role is, or to monitor their activities." King also noted that for better or for worse, "partisan politics "political"? Financial Aid from page The University, for its part, has taken several steps to alleviate the financial aid problems. The University is offering tuition defermentsfor students whose aid has been delayed; has the financial aid office working overtime; has made additional emergency loans availble; has temporary support staff helping in the processing of financial aid applications; questions about financial aid. phone lines to handle calls from students and parents with questions about financial aid This information was gleaned I—W m ml m vices Robert Wagner to all University's deans. Another good sign is that in the Fall of 1989 the whole S.U.N.Y. Buffalo campus will move its financial aid packaging program from the UNISYS to an IBM computer. Although assistant dean Cook emphasized that she was "not blaming anyone" for the school's problems she noted that "we're still paying for the mistake with Sigma." The seventh annual International Student Scholarship a nationwide essay competition for internaCompetition tional students studying in the U.S. is now underway, reports Tom St. Denis, Vice-President of International Underwriters/ Brokers, Inc., sponsor of the competition. First prize is $1,500 to be used for academic or professional advancement. International Underwriters/Brokers, Inc. also will award $350 to the International Student office of the first- f^ I M — place winner. Deadline for the competition is December 1, 1988. International students interested in entering must submit an essay of no more than 1,500 words on the topic — . , p , o i lenders for a student loan? Discover Educaid, the shiHpnt loan «;npriali<;r and unearth a treasure trove of options and r sei vices. J\ \/>j, M AY***"* l\ /jp X milk Mill Un>| * 's*'' ¥ W II m // IIm ■->_ \ *7/Tl //I 111 IIJ I\\ II If*/ It IS v<l I*-' Xμ ml I Li ■ ydjir correctly completed a jfciications. I/ - >*Extra savings on interest loans (SLS) l\ . works Hi >•■ A ,lender who Ul as hard as you do. ' Don t lef tne lender iurK |e close in on y°u f "Important cross cultural clues are often found in humor. Compare humor in your country with humor as you find it in America. Include examples ofhumorous situations resulting from cross cultural misunderstandings, either in the U.S. or on your first visit back to your home country." Additional scholarships will be awarded to a second-place winner ($1,000); a third-place winner ($500); and five honorable mention recipients ($lOO each). The International Student Scholarship Competition is open to all full-time foreign students enrolled in a prescribed degree- or certificate-granting program accredited high school, junior college, college or university within the U.S. Also eligible are students enrolled in an English training program who plan to pursue higher education in the U.S. Winner of the 1987/88 International Student Scholarship Competition was Claudia Franco Hijuelos of Mexico, who is studying at the School of Advanced International Studies, at Johns Hopkins University. For additional information,rules and entry forms write: Essay Competition Coordinator, DSD Communications, Ltd., 10805 Parkridge Boulevard, Suite 240, Reston, VA 22091. at an NOTICE GROUP LEGAL SERVICES is looking for a law student to serve as Head Defender of the Student-Wide Judiciary (SWJ). This is a paid position with great experience. The position is open to first, second and third year students. If interested, call Group Legal Services at 636-3056 and ask for Marilyn Palumbo or stop by at 214 Talbert Hall. 2 The Opinion September 14, 1988 I from a memorandum, dated August 10, 1988, from Vicepresident for University Ser- Seventh Annual International Student Scholarship Competition — I plays a role in everything the SBA does." In the end, the Court will probably be faced with the same question posed by Neeves and McCluskey when they first presented their objections to the SBA: how do you define �I ; (OOU 1 ! fKF -^^^^"^^^ «,v the llTjjj _ PDPD discount of $1225 will be duducted from the cost of $995 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1988. IPJ HI 1m For more information see your Pieper Representatives or contact: a aißl MM ■■■ VHHn ■ ■ mm 111 I KUU U U XII I I I I I I I I — —f^—f3« *Law student's ■■ MB H A 111All I —; ■ iIHIUA W? 1 „../.{... O: The Pieper Course Includes: Complete lecture series Essay writing # Multistate Practice and Exam Multistate Professional Responsibility Exam (MPREJ Multistate Volume Ate*/; }ftrA Zao; fe/u/ne •' Professional Responsibility Volume Pto - Jb/zn /Ye/rcri Guidance r ■ % "„ REGISTRATION MUST BE RECEIVED BY 11/1/88.* —*H®H*— uv <—-■ PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 A Telephone 747-4311 • The J7ar Course That Cares. IT'S NOT TOO LATE TO I TO PIEPER SWITCHLOSS OF DEPOSIT. II So, you've made a mistake. If you were lured into another barreview course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course I WITHOUT will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone I I (516)747-4311 I PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. I I I 90 Willis Avenue, Mineola, New York 11501 September 14, 1988 The Opinion 3 �The To the Editor: STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: September 14, 1988 Daniel Ibarrondo-Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Contributors: Nathaniel Charny, Martin Coleman, Kimi Lynn King, Troy Oechsner, Peter Strong. © Copyright 1988. The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed this paper are not in necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial: Comment on Fall Recruitment Each fall the Law School finds itself in the middle of a ritual known as fall recruiting. For many this is a time when emotions run high and they often range from disappointment and alienation to pride and satisfaction. Some (the lucky ones?) are indifferent. A good proportion of the law students feel at least some pressure to take part in the recruiting process. Likewise a good proportion of those who feel the pressure know that if they are to participate they stand little chance of receiving even one interview. Many ofthe law firms that recruit in the fall make itperfectly clear that they are looking for students with "academic excellence." This "requirement" scares many away from fall recruiters and is often pivotal in some students' decisions not to participate at all. The turmoil surrounding fall recruiting leads many to question the logic of a grading system designed to promote noncompetitiveness and a fall recruitment program which seeks those with the most competitive grades of the noncompetitive grading system. Nonetheless, the value of the fall recruitment program should not be underestimated. The Career Development Office does an excellent job of organizing close to one hundred employers to interview students on and off campus. This is a career option we cannot ignore; many law firms come right to the school's doorstep offering job security, money and a learning environment. The decision to participate in fall recruiting should be well thought out and for those who do decide to give it a shot, they must learn to keep everything else around them in perspective. Where it is wrong for a person who finds his or her name on the interview board to let their heads grow too large, it is just as wrong for those who do not get interviews or do not participate to belittle those people who do. We should be proud of those people who have achieved "academic excellence" and be content in the knowledge that they represent our Law School in a positive way. Conversely, those who choose not to participate, or who do not get many interviews, should not be made to feel alienated or less of a person by those who are successful in the recruitment process. A person's inability to talk about the number of resumes they submitted or the number of interviews they got should be no reflection on them as person. Many students who do not participate are simply not interested in the recruiting firms. This does not mean that these people have not achieved "academic excellence" and more importantly, it does not mean that they will not be good lawyers. We are all equal before the bar exam. Contrary to what at this time of year seems popular belief, our chances of passing the bar exam do not increase with the number of hundreds of dollars we make our second summer of law school. Likewise our chances do not increase with the prestige of the job we have lined up after graduation. The jobs we hold do not necessarily influence how good a lawyer we will become. In the end it is the good lawyers who will succeed and be fulfilled in their careers. This group may not include those persons who can make $10,000 in one summer and is justas likely to include those who make nothing. In the midst of fall recruiting we must not lose sight of our goals, our friends and most of all, ourselves. For it is in exploring all of our options and realistically assessing what we have achieved that we will be on our way to reaching our fullest potential. 4 Mailbox Indecencies at The Law School OPINION Volume 29. No. 3 Opinion TMPP'JVpn .September j 4/.1988 Upon arrival to UB Law this week, I was greeted with extremely friendly, progressive and interesting people and academia. In addition, I was confronted with two very flagrant violations of human decency. The first one occurred after waiting in line Bt the "mimeo office" to buy Olsen's Civil Procedure Supplements. After handing the sales rep seven dollarsand being told thatI was not getting my ten cents change because they didn't have it, I was also informed that that was the last day we could use cash. From here on in, checks would be the only way to buy mimeos. I actually thought it was a joke. (I remember shopping with my mother once, when I was about fifteen, and joking that there were so many credit cards and credit in general that soon they won't even accept cash. How absurd I thought.) My problems with this policy of credit only at the mimeo office are many. First of all, I and lots of others, I'm sure, cannot afford the minimum balance for free checking. My only option is to pay 350 per check and $2.00 a month fee (pennies, right?). It seems silly to pay 350 to by $3.00 worth of xerox. In addition, I am repulsed by an economic system that precludes the use of real money. It's very interesting to note the inscription on the dollar bill itself: "This note is legal tender for ALL debts, public and pri- vate." (emphasis added) There are options. If the mimeo office really cannot deal with cash (?) then they must set up alternatives. Perhaps a Law School Credit Union. I would be happy to deposit twenty dollars into their bank and buy my mimeos off of that money. There are many other options. My second problem has to do with parking. Is it true that there is a parking lot that you can pay $100.00 for and be guaranteed a space close to the campus all the time and at any time? I even heard that there are 800 spots on this "special lot" and they are only selling 550 $100 permits. (This guarantees those few who can afford it a spot quickly, rather than driving around looking for the 550th spot.) Personally, I can't believe it. It's as absurd as not accepting cash in a store. Jurisprudentially, Nathaniel Charny Job Opportunities For Students (special to The Opinion) ALBANY A voluntary fall intern program for New York's college and graduate students in the Department of State's 13 regional ombudsman offices has been announced by Secretary of State Gail S. Shaffer. Interns may earn possible credits for helping Secretary Shaffer's regional representatives administer Governor Cuomo's Ombudsman Program across the state. The program, initiated by executive order in 1983, helps citizens with questions or problems they're having with state agencies. Such assistance will include handling telephone inquiries, making contact with state agencies on the client's behalf, preparation of draft responses to letters referred for state agency follow-ups, research and occasional on-site inspections. They will also work closely with the officesof the Governor and Secretary of State researching issues, planning speakers, organizing community outreach programs and participating in a speaker and training series. This semester's program is - part of a series of internship programs that are offered throughout the year at state offices in Albany, Binghamton, Buffalo, Hauppauge, Jamestown, Mineola, Montour Falls, New York City, Potsdam, Rochester, Poughkeepsie, Syracuse and White Plains. Interested students should contact: NIAGARA FRONTIER (counties of: Niagara & Erie) Sheila Murphy Department of State 65 Court Street Buffalo, NY 14202 (716)847-7110 From The Past... The following is excerpted from The Opinion, Volume VI, No. 1, February, 1966. We've come a long way. LAW WIVES One of the offshoots of the law school is a small but dedicated group of girls, the Student Law Wives' Organization. Formed in 1957, its official purposes are: To create enjoyable group settings in which girls in the unique situation of being married to law students can meet and promote friendship, and To raise funds for scholarships given annually to deserving married students. Of the roughly 270 future attorneys atSUNYAB school, 77 are married. Not all of these girls law members, but those belonging are all active, are participating members, making up with their willingness and energy for their relatively small number. Committee For Students With Special Needs The Committee on Law Students with Special Needs was recently established to work with law students with special learning needs or physical or mobility-related needs. Our function is to help make the programs of the Law School and the building itself more accessible for these students. If you have a special need that affects your activities as a law student, we would like to meet with you. Such meetings are, of course, confidential and will not in any way be reflected in your permanent record. Through meetings with students, we have been able to make arrangements that have made law school courses, exams, and related activities more convenient, accessible, and fair, and we have also investigated matters relating to accessible housing and transportation. The entire Law School community will benefit if every student has fair access to academic and extracurricular activities and programs. We hope you will contact one of the following members of ourcom- mittee if there is some way in which we can work with you to achieve this goal: Faculty and Staff David Engel (Chair) Ronald Hager George Kannar Fred Konefsky Mary Lang Marcia Zubrow Students Betsy Bannigan Robert Davis Glenda Fishel Ivan Khoury Chris Reo Messages for these committee members can be left in Room 522 (tel. 636-2091) or Room 507 (tel. 636-2167). The Opinion RECRUITMENT PRR T V The editorial board of The Opinion formally invites all interested law students to attend the paper's fall recruitment party on Monday, September 19, 1988 at 3:30 p.m. in Room 724 of O'Brian Hall. Topics will range from what it takes to become a staff member to the paper's new and improved format. • MONDAY, SEPT. 19 3:30 PM Room 724, O'Brian Hall �Pullout: 1988-1989 SBA Class Director Elections First Year Candidates Tom Galligan Dennis Fordham Petitions, petitions, petitions! No more! I thank the 40 signatories to my candidacy, and now it is my turn to tell you who I am, and what I want to do. First of all, I am a good-natured chap who enjoys working with people and looks forward to serving you if elected. I am most happy to be at UB and am liking Law School. This I attribute to the friendly atmosphere at UB and my spirit to do well. Enthusiasm leads me to being genuinely interested in student affairs, the business of S.B.A. What then do I hope to accomplish in 5.8.A.? A concern that I have regarding student welfare is the need for patrolling of the O'Brian in the evening while the library is open. Often I find myself when I leave the library walking in an empty building, and exiting unguarded doors. This is an issue that I would like to haveaddressed by the SBA. Also brought to my attention is the need for accessability to theO'Brian building for the handicapped, and the need for day care facilities for the students. Moreover, I will be open to the ideas from fellow students, and table those that are most widely urged or are just good ideas. Finally, as to my prior academic experience, I graduated from Columbia College in May. Columbia College was a case-in-point where security was a conscious issue and was improved by student input. Thank you for yourattention. Audrey Miller APATHY vs. ACTIVISM FACTS: Audrey Miller, Ist year law student at SUNYAB Law School seeks to persuade her classmates of her interest and commitment to and for the spirit and activist nature of the class of 1991. PROCEDURAL BACKGROUND: Employed by New York State Assembly, Albany, NY. Observed the unfortunate attitude of apathy held by disinterested citizens. Chose law school career as a path to inform and educate others. ISSUES: Safety of law school basement "Checks only" Mimeo Room policy at Parking Lack of adequate student lounge HOLDING: A beer RATIONALE: 1. Undermine the general apathy of both public and law school population. 2. Holistic approach to the total law school experience by combining academicwith extracurricular activities. 3. Reform through change. 4. Unify the Class of 1991. NOTES: Candidate does not profess to know all the issues, but will work toward building a strong case of equality and justice for all. JUDGMENT: To be ruled on Th-Fr September 14th-15th. Justice is truth in action. Benjamin Disraeli (1804-81) House of Commons, 11 February 1851. For many of us law school represents the last great break before starting or resuming our professional careers. With this in mind, it offers us the opportunity to meet and enjoy our new found friends and explore different avenues of the law. At the same time law school is a serious academic endeavor that requires our constant attention. We need to do well in our academic courses for later career placement. I guess that is what I am trying to say. Forget all that stuff I said about enjoying your friends and law school, I was just groping for straws. What I really meant to say is that we need to devote our time to study and placement. The above thought was borrowed from Kevin Kneeland of Saturday Night Live, not plagiarized like Joe Biden's comments. I think there are a number of issues facing thelaw school and the university at large. Even though it feels we have been at Buffalo most of our lives, we have only been here for three weeks. So I do not believe I am in a position to judge. However, on appeal I think there will be issues that will concern us. The issues will range from lack of a full-time financial aid administrator to time and space requirements at the library. One of the primary responsibilities of the Student Bar Association (SBA) is theallocation of funds to student organizations. SBA not only appropriates money, but tracks funds so that they are being spent effectively and efficiently. Since graduating from Cornell, I have spent the last two years working in municipal government. This has involved working with departments on their budgets and conducting management studies, precisely those skills which the SBA requires. Mark Steiner "Here's a dime. Go call your mother you are running for SBA". My name is Mark Steiner. My section knows me as "Mr. Seaweed". Urn. Well. Ask someone from Section 2 to explain. Why does someone run for SBA? I'm really not sure. I am trying to get your vote with a smile and hard work. Issues. What issues are confronting us as Law Students? Parking. Yes. I will work on a fair and decent way to park on campus. Buses. Can we do something about the blitz to get on board by going through your neighbor? Yes. There must be a way. Financial Aid Administrator. We deserve someone full-time on campus. Perhaps a student lounge too. What I am getting at is this: I NEED YOUR HELP. Tell me what bugs you. What issue is the most important to you. I'm the son of a plumber so I can get to the bottom of most problems. My box number is 819 so drop me a note. If you see me in the hallway I usually carry too many books and a black lunch box (yes a lunch box). Thank you. Lizabeth A. Martin My name is Lizabeth Martin and I am not taking a stand on anything as I enter the race for First Year class director of the Student Bar Association. What I am counting on to be a successful director is my ability to represent our class. If elected, I and the rest of theSBA will address the issues raised by you throughout the year. Having arrived in O'Brian Hall only two weeks ago, my platform is only to assure you that your issues, curiosities and concerns will become my burden as class director matters will not be solved instantly, but will be communicated to and discussed with our electoral body. My ideas on electoral representation have evolved from my past education and recent professional experience as a reporter. After receiving a B.A. from UB in 1986 with a major in political science and minor in philosophy, I covered city government and education for a daily newspaper in Kingston, New York. Although professional ethics required me to keep my mouth shut regarding my opinions of local political issues, it also demanded that I ask the "right" questions on behalf of my readership. As class director, I will continue to ask the right questions, and, as in my former profession, keep prodding until I get the best response I can. I feel my experience in analysis and simple observation of government will be to my advantage as a class representative. Having just emerged from a role of forced neutrality during my tenure in the press, I will initially be extremely cautious as I approach an issue. But I guarantee that I will be thorough in hearing out and investigating the many aspects of our First Year concerns. This is the best I can promise my classmates. I ask you for this oppor- — tunity to act. Steven I. Rubinstein There are before you a number of candidates who wish to become Class Directors, I being one of thosecandidates. Surveying the selection, I am compelled to conclude that as a group, they represent an impressive selection of potential leaders. Although I may not be acquainted with every first year student who is running, those that I do know impress me as being serious, not only about the study of law, but also about helping to make our school a better learning environment. How then can one decide for whom to vote? I suspect that one effective strategy would be to look at what each candidate has to say about the issues facing the Law School and try to choose those that most clearly approximate a point of view with which you agree. There are many concerns and issues: Questions concerning the curriculum and curriculum choices; questions concerning financial aid; questions concerning child care, advisement, or the student lounge, to name a few. Another effective strategy would be to look for candidates who offer the greatest possible potential for effecting meaningful change, i.e. for getting things done. Here experience, as well as knowledge of both people and "the system" play a critical role. I believe that I have the requisite experience that will assist me in functioning as a highly effective representative for our class, and for the Law School in general. I served in student govern- ment as an undergraduate dur- ing the height of the Viet Nam War, a time of great conflict and tension. The political climate during that period made it particularly difficult to maintain a focus on the resolution of fundamental issues since whatever you felt about the war, you were engulfed in a flood of highly charged emotion. It was in that environment that I gained invaluable experience in how to distill the basic components of an issue, and how to most effectively generate positive movement while working with groups having diverse or even opposing opinions. National political issues aside, the record at my undergraduate college shows that through student government service, work on several major administrative campus-wide bodies, as well as on the State University of New York Chancellor's Panel on University Purposes, I succeeded in helping to bring about significant changes in many of the important campus issues of the day, including the practice of the school to act "en loco parentis," curriculum requirements, dormitory regulation, alcohol policy and others. I am a "non-traditional" student. I returned to school after many years as a psychotherapist, an occupation which has helped nurture an understanding of people and their motivations, not to mention the art of subtle persuasion. Psychotherapy is a people oriented profession. If elected, I intend to be a people oriented Class Director. I spend over 50 hours per week on campus, and will make myself available to law school students, faculty, and administration through weekly office hours at the SBA office, and at other times as needed to properly represent the interests of our class and the Law School. Rather than seeking office to advance a personal agenda, I intend to work on those issues that are deemed most essential by my colleagues. I hope and trust that you will give me that opportunity. Bradford Barneys I am a candidate for first year director on the Student Bar Association, and I intend to represent the interests of all first year law students. We are a new addition to the legal community here at SUNY Buffalo Law School, thus, we have our own specific concerns that must be addressed. I want to be the voice of the first year class. At Cornell University, where I received a B.A. in Government, I was an active advocate for student interests. If elected as a director, I will be an avid advocate for your interests. Eric Katz "The Law, wherein as in a magic mirror, we see reflected not only our own lives, but the lives of all men that have been! When I think of this majestic theme, my eyes dazzle." (Oliver Wendell Holmes, Jr.) At this moment many of us are finding it hard to believe that one day we too will possess this passion. Our first year is the year of indoctrination. Even though we have only been here a short time, there are a number of issues I believe need to be explored. Because of the difficulties of first year, I believe there exists a need for mandatory taping of all first year lectures. The current policy of taping upon request does not suffice. How will a student know when an important or hard to grasp topic will arise? The many advantages far outweigh thesmall monetary cost. The two academic classes which are created for the adjustment and orientation into law school and the legal world are Legal Profession/Ethics and Research and Writing. In the SBA published "Recommendations to the Dean" upper-class students believed that legal professions "needed a balanced approach"* and "black letter ethics."* I will push for these changes. In Research and Writing, the students called for more "writing of pleadings and more oral argument."* We will be working harder this year than we have ever before. Our education should not be hampered by little things like library hours and lack of xerox machines. Law students must be given every advantage that a UB undergrad possesses. I believe positive change can be accomplished through the Student Bar Association. While at SUNY Binghamton, I was fortunate enough to have been involved in a number of organizations which furthered the rights of students. As Residential Hall President, I served as a link between the administration and residents. The position allowed me to be involved in the coplanning of new residential policy. I was chosen to serve on the University President's task force on alcohol policy, which prepared for the raising of the state drinking age. I also served as a representative to the Student Association (all University Government) and the Library Committee. Through these organizations, I realized the importance of delegation, stability and leadership. If students work together and utilize the student government effective change can be brought about. *From SBA's printed "Recommendations to the Dean" First Year Candidates' Statements continued on page 7 September 14,1988 The Opinion 5 �SBA Describes Function of Law School Committees 1. Academic Policy and Program Committee (APPC) This Committee considers proposals for changes in the academic program and graduation requirements. Proposals come from faculty members, deans and students. After the Committee reviews a proposal, it makes a recommendation to the full faculty. It is composed of the Dean as Chair, three faculty members, three students and a Law Library Faculty member. Meetings are held when theCommittee has proposals to review; i.e., somewhat irregularly. 2. Academic Standards and Standing Committee (ASSC) This Committee acts on petitions from students for readmission or waiver of Law School academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. By the nature of its work, the Committee requires observance of strict confidentiality. Its meetings are closed to nonmembers. It is composed of the Dean as Chair, three faculty members, three students, Dean Wallin and a Law Library faculty member. It meets when it has sufficient matters to review or when action with respect to a student petition is particularly urgent. 3. Admissions Committee This Committee sets general standardsfor admission and reviews filesofcandidates for discretionary admission. Composed of six faculty members, one of whom serves as Chair, four students, a Law Library faculty member and Deans Carrel, Newell and Wallin, it generally operates through subcommittees which make recommendations to the Chair. Its work is particularly heavy in the period from January to May when files must be read expeditiously. All of the work of the Committee is held in strict confidence. 4. Appointments Committee This Committee screens candidates for faculty positions, arranges visits and interviews, and makes recommendations on appointments to thefull faculty. Only positive recommendations of the Committee are reported publicly. The Committee is composed of four faculty members (elected for twoyear terms), two students, the Dean and one Law Library faculty member. The Chair is elected by the faculty members. The two student members are expected to contribute to the process of screening resumes, to organize meetings at which candidates can visit with a diverse group of students, and to report to the Committee student reactions to visiting candidates. The Committee meets frequently in the fall and in the early part of the spring semester. 5. Budget and Program Review Committee (BPR) This Committee reviews the non-personnel part of the Law School budget and makes recommendations to the Dean on his expenditure plans, particularly those with respect to student organizations and programs. It meets infrequently, normally only when the VicePresident allocates the funds for the Law School budget for the next fiscal year. The Committee is composed of the Dean as Chair, three faculty members, three students, Dean Wallin and a Law Library faculty member. The three faculty members are elected by the faculty at large. 6. Faculty Student Relations Board (FSRB) The Committee acts on student disciplinary matters, student grievances against faculty members or other students, and faculty grievances against students. It is also charged with establishing the method of student evaluation of teaching. It is composed of three faculty members and three students. The Committee elects its own Chair. Dean Newell serves as ex officio advisor to the Committee. The workload depends on the number of cases filed, with respect to which the Committee conducts hearings and/or en- gages in other forms of investigation. Its proceedings respect the confidentiality of the parties. 7. Library Committee This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequently and serves mainly as a channel of communication between the users of the Library and the Library staff. It is composed of four faculty members, one of whom serves as Chair, and four students. 8. Mitchell Lecture Committee This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows; that is, distinguished visitors who lecture and meet informally with faculty and students. The Committee is composed of three faculty members (one of whom serves as Chair), one Law Library faculty member and three students. It meets when it has proposals to consider or Mitchell Lecture plans to arrange. 9. Special Program Committee This Committee oversees the Special Program including advising the Admissions Committee on individual credentials for admission, arranging the structure of the first-year Legal Methods program, and providing counsel and wisdom to the ASSC on students from the Special Program who may be in academic difficulty. In general, the Committee has a charter to improve the quality of the Law School's affirmative efforts and to expand the number of minority and disadvantaged law graduates. The Committee has four faculty members, one of whom serves as Chair, and three students. Dean Newell serves as ex officio. It meets as problems or issues arise and works intensely in the spring on admissions. 10. Student Representatives to Faculty Meetings This Committee attends faculty meetings and represents student views to the faculty. History and Foundation Ask a typical crossection of Americans what they think of lawyers and you are likely to receive a happy mix of viewsfrom exasperated grunts to muttered curses. "They are vultures of modern capitalism" a young revolutionary might cry, and not too many mainstream American would disagree with her. They charge exorbitant fees and are nearly impossible to do without —if you want to achieve a semblance of justice in our legal system. Given this combination it is no wonder that the legal profession is the butt of such generalized acrimony. It would be a distortion of the truth however, if all lawyers were stereotyped as money grubbers feeding off of your by Martin Coleman legal misfortunes. Large numbers of lawyers come into the profession because they hold a burning passion for justice a desire to see normal people receive economic and political rights that are routinely denied them because they don't have — 6 the All-Mighty dollars to pay for them. If you happen to run into lawyers of this ilk you will find that most of them belong to or are affiliated in some way with the National Lawyers Guild. The Guild, as it is affectionately called by its members, wasfounded in 1937 asan alternative to the familiar American Bar Association (ABA), because of the ABA's unflinching legal support of the status quo monied interests that fought New Deal attempts to lead our country out of the Depression. The Guild soon blossomed into an organization that recognized as its guiding principle "THAT HUMAN RIGHTS SHALL BE REGARDED AS MORE SACRED THAN PROPERTY INTERESTS." Where the ABA excluded Afro-Americans from its ranks, and ostracized women and lawyers with more radical political views, the Guild invited all lawyers to join its organization regardless of sex, skin color, or political beliefs. In the 1940's Guild members organized union campaigns, The Opinion September 14, 1988 The faculty meetings are chaired by the Dean and are attended by all faculty and the administration. The student representatives are invitees and hence do not have a vote on issues. The function of the student representatives is essentially to act as liaisons, who in turn report to the SBA. Formal announcements may be requested of committee members at the faculty meetings. Aside from the two representatives appointed by the SBA, the Committee will consist of the SBA President and Vice President. 11. Committee on Resolutions This Committee will be in force on a trial basis for the 1987-88 academic year. Its sole purpose will be to function as a forum for any resolution coming within the scope of By-Law 14 (Special Resolutions). Responsibilities of members will includeformal presentation of resolutions before the Board at regular meetings and will meet where necessary. It will be comprised of four SBA Chairpersons, three SBA Directors, and three student members at large. 12. Finance Committee Chaired by the Treasurer, the Finance Committee prepares the fiscal year SBA budget and recommends funding for groups that need support during the academic year. The Committee als.o acts on requests for student activity fee waivers and additional funding requests throughout the year. The Committee will be comprised offive students. 13. Rules Committee This Committee acts on recommended changes in SBA ByLaws or the Constitution. It also reviews activities and makes recommendations to the Board with respect to supervision and coordination of duly approved SBA organizations. The Committee is responsible for imposing sanctions (after a hearing) on any student organization for violation of SBA Constitution or any rules promulgated pursuant thereof. It will be comprised of fourSBA Class Directors and three students at large. 14. Buildings and Computers The new standing committee will evaluate short and longterm proposals for physical improvements around the Law school. It includes faculty and student members who will decide the priorities for construction projects, allocation of space, and plansforthe student lounge. Three students and one alternate will be chosen by the SBA to represent the student body. 15. Committee on Special Needs This committee will examine the learning and access needs of students who are prevented from fully participating in their legal education because of unique learning and physical abilities. This committee will be focusing on issues facing students such as the inability to access library facilities, classrooms, and other areas of the law school. Additionally, this committee will evaluate what can be done to improve the resources available of students with unique learning needs, e.g. dyslexia and other visual impairments. Three students and one alternate will be assigned to this committee. All students with unique learning needs are particularly encouraged to apply for this committee, as well as all others. 16. Anti-Discrimination Policy Committee This committee, in conjunction with the faculty will help facilitate decisions concerning the anti-discrimination policies of the school. In the past, this committee has focused primarily on the on-campus recruiting policies of the JAG-Corps (legal branch of the armed services), but it is the hope of the SBA that this committee will continue to evaluate all administrative policies which discriminate against any and all persons. Three students and one alternate will be appointed for the annual term. of NLG Discussed opposed racial discrimination, fought against the poll tax, investigated race riots, and made sure that the ABA knew that it ought to be spending more of its time promoting Justice for all, instead of making themselves and a small selection of Americans more rich. After WWII the Guild participated in the Nuremberg trials and the founding of the United Nations. This turning to international concerns with Justice proved to have an enduring impact on the Guild's activities and reflected a natural extension of their concern with human rights on a national level. Members realized that abuses of human rights could not be ignored simply because they occurred beyond the artificial borders of their own country. In the 1950's the Guild struggled through difficult times because of the Anti-Communist hysteria flamed by the McCarthy era witchhunts. Some members of the Guild wanted the organization to back away from supporting those singled out by the House Unamerican Activities Committee (HUAC) because they were afraid that the Guild would be labeled a "Communist Front" organization, and then become isolated from support by the cold war liberal democrats in power at the time. Fortunately, principle won out over expediency. The Guild actively supported many prosecuted by HUAC and suffered the consequence of losing many members who could not stomach the idea that "Communists" deserved as much legal respect for their political beliefs as any other person. During the 1960's the Guild was an early and active supporter of the Civil Rights movement, with such distinguished members as Supreme Court Justice Thurgood Marshall and former Dean of Howard Univerity Law School William Hastie leading the fight for the "Simple Justice" of equal rights for Afro-American people. In the 1970's the Guild was active in providing counsel for Resistors of the Vietnam war, and of the forgotten G.l.'s in Vietnam, many of whose rights were routinely violated by racist and arbitrary military authorities. The Guild also began campaigns that are still being fought today in the struggles for the economic and political rights of Indigineous peoples, women, and gay and lesbian people. Today the Guild has nearly 10,000 members in over 200 chapters, including a Buffalo chapter formed in the wake of the Attica prison riot and massacre that occurred in 1971,and of which I am a member. The Guild chapter here at the UB Law School has taken to heart the Guild's commitment to rights, much of the time at risk to its reputation amongst its peers. Just last year a UB history professor, in an article about the Law School to the Buffalo Evening News, insinuated the Guild was a "Communist Front" organization. While bothered that some people might be taken in by continued on page 11 �Pullout: 1988-1989 SBA Class Director Elections it First Year Candidates if Alan Mealy — Hi my name is Alan Mealy, and I'm a first year class candidate for SBA Class Director. Due to being a new transplant from Southern California, I felt this was a good opportunity to meet and get to know more of my fellow classmates, especially those I don't know very well in other sections. An important reason for my deciding to be a candidate was a desire to become more actively involved in theactivities and decisions that effect my peers and myself as students at UB Law School. Although I may be presently unaware of certain issues unique to New York, and UB proper, I also believe I can bring a different perspective to the process of searching out and confronting those significant issues of concern to the student body. My commitment to work towards a more effective administrative policy reform is supplemented by over fifteen years of experience as a psychotherapist, necessitating strong communication skills and a high degree of empathy for the needs of others. I feel these are all important qualities of an effective class director. In reviewing the report to the Dean from the SBA sub-committee, I observed several issues that continue to impact upon students; you have probably already experienced a number of these first-hand, as I have: 1) The severe competition for financial aid, and the attendant complications in receiving it in a timely manner. The lowcost of attending UB can end up being outweighed by the high costs of inadequate and delayed financial aid to students. As a student director, I would continue to push strongly for a full time (8 hr/day) professional financial aid administrator specifically for the law school. 2) Better utilization of law library resources, including addressing conflicts in the use of the library (and study cartels) by undergraduates, extension of library hours now open to students (especially around exam time), and the frequent lack of availability offunctional photo-copiers (often two out of thethree available are under repair). 3) Curriculum reforms, particularly in addressing the areas related to previous students' frustrations with the qualifications of TA's in the Research and Writing course; and adequate availability of a variety of desired courses for second and third year students (we'll be there soon enough). While addressing these pertimy "Malibu nent issues, Model" approach would also stress the importance of regularly taking time to kick back and rejuvenate the mind and body. I can envision a Jacuzzi in an expanded student lounge in the fifth floor courtyard, as well as regularly SBA sponsored social activities and justplain parties! In other words, a "balanced ticket." Thank you for listening, and hope you'll choose to vote for I me for first-year class student class director on September 14th and 15th. Nidhi Kapoor — Most importantly get out there and vote. By the way, while you are looking over the ballot forms consider Nidhi Kapoor. Hi, I just want to brief my ideas on what I'd like to see done for our school. There are some key points that are affecting us already. Library hours need to be extended. We need a student lounge where we can pass out after a grueling reading of Civil Procedures. Some sort of attention needs to be brought to the horrendous parking problem. Lastly, let's not forget that we are not hermits. We need some sort of a social life; happy hour once in awhile to vent out our tensions. There are also things that we will have to consider in the future. When we register for second year (yes second year!), we very well might run into problems with over subscribed classes. Apparently this has been a recurring problem amongst our colleagues and we need to confront it. Lastly, on a more genial note for not only the Law School but in the best interest of the campus as a whole, I'd like to see an emergency phone system implemented throughout the campus. We should have emergency phones where one can simply lift the receiver and public safety is notified of a potentially dangerous situation. — Surely there will be times (many times) when we will be leaving O'Brian at the wee hours of the night. I'd like to think that no one is in grave jeopardy if they are alone. Whether it be in the basement by the lockers or on the path to our cars we should have access to a recourse action. So there it is, justsome of the issues I'd like to challenge. Thanks for your time and remember to vote! Maria Germani CHICKEN WINGS! BEER! CHICKEN WINGS! CHICKEN WINGS! (Now that I have your atten- tion...) Hi! My name is Maria Germani, and I want to represent YOU! But before I engage in a little self-promo, I've got to ask one thing: Why chicken WINGS? There's no meat on them! Why not the breast, or leg? And what about the neglected vegetarians out there? What does Buffalo have for them tofu wings? Getting back to me, ...I am a graduate of, ...uh, Harv, ...um, ...uh, Yale, I mean New York University (yeah that's it) with degrees in ...uh, nuclear ...ummm, ...Political Science and History. In High School I served four years as class Senator in our Student Government. Shortly thereafter, I ran for Congress and served two terms in the House of Representatives, representing the 19th Congressional District of the northeast Bronx. You say I was too young to run? ...Wei, ...ummm, ...uhh, ...they, ...uh, ...they liked me. Yeah, that's it! They liked me so much, they uh, ...made me. — ...uh Speaker of the House! Yeah, that's the ticket! All kidding aside, I'm running for S.B.A. Class Director to represent the Class of 1991(2). From what I've heard around the school, and from what I have read in the S.B.A.'s Report to the Dean, there are developing issues that need to be addressed. ...um, As newcomers to ÜB's Law School, many of us are still unaware of any disturbing situationsthat may exist. We've only heard about the deprivation of space in the Law Library due to the undergraduates access to it. Soon enough (if not already) we'll learn first-hand. Some issues have already hit closer to home: not particulary pleased with ÜB's H-Q grading policy? Speak out! And what's with the parking predicament for thefortunate(?) folks with four wheels? Have you any recommendations or ideas on changes to be made on any issue? Do you need to know something real quick? Let me know, maybe I can help. I'd like to be the go-between between you and S.B.A. My voice is your voice. Vote for me and letyour voice be heard! Laurie Donofrio-Tomei Laurie Donofrio-Tomei, the youngest of six kids, is a 1984 graduate of the University of Rochester. In 1985 she obtained her Masters in Psychology, specializing in human development. As the hypenated name would suggest she is married and has been for three (3) years. She spent the pastyearworking at the Lawyer's Co-operative Publishing Company. Why did you choose UB law school? LD-T: UB offered a mix of high quality progressive education and "personability" that I had not enanywhere countered else. I was impressed with ÜB's reputation. And dare I say I found UB affordable? Q: Why do want to be class director? LD-T: I want my law school experience to involve more than studying. There are things that need to done if the quality and "pleasurability" of UB Law School are to be maintained and eventually improved. Besides I need something to occupy my spare (yeah right) time. Q: What personal characteristics do you possess that suityou for this position? LD-T: As my friends and grade school teachers can atQ: test, I am an extremely social creature. The pri- mary role of a class director is to listen to the Q: needs of students and be able to effectively present their cause to the faculty. I'm very approachable, and I love a good fight! What issues would you like to see SBA address this year? LD-T: 1. The necessity of a full time financial aid administrator. OK it's true, UB Law School is a good buy and many students choose to study here because of its affordability. However, since economics seem to be of great importance to many of us why does UB persist in maintaining an under-staffed, under-resourced financial aid program? I believe a full time financial aid administrator in addition to a graduate assistant advisor would aid in faster processing of loans, and provide greater access and advisement. 2. Now that our financial troubles are off our minds we need a place to rest and relax and revel in our acI'll complishment. see ya in front of the library, that is the effective student lounge, isn't it? We need a real student lounge. 3. Asforthe library, let's get some extended hours. 4. UB Law School needs an on-site, functioning, affordable, acchild comodating care center. 5. The lack of communication, coordination, and integration between the administrative, procedural, financial and academic offices of the law school area great source of student frustration and need to be addressed straight away. — Thanks for reading hope I didn't bore you. Hey wake up! Mark C. Phillips Hi, I'm Mark Phillips. First, a little background information. I'm from Ft. Worth, Tx. I have a B.A. in Philosophy and Psychologyfrom T.C.U., and an M.A. in Economics from N.Y.U. I am currently a Gilbert Moore Fellow in Philosophy and Jurisprudence here at U.8., which means I'll be going on to obtain a Ph.D. in philosophy subsequent to obtaining the J.D. Having looked over the S.B.A.'s report to the Dean, I'd like to enumerate my stands on various issues here at ÜB, and especially at the Law School. Here, then is a list of recommendations and/or positions. 1. Revise advisement program to include select upperclasspersons as well as faculty and improve coordination with Career Development Office. 2. Continue to "not tolerate intolerance" and be even more vigorous in denouncing and repudiating all bigoted behavior in respect to minorities and women, most particularly ethnic and racial minorities and gay, lesbian or bisexual persons. 3. Extend drop/add period for the benefit of everyone, especially to help outof-town students. 4. Work vigorously to provide better facilities for all manner of handicapped persons. 5. A fully functioning, perhaps subsidized, child-care with extended facility hours. 6. Comprehensive, detailed course guides each year. 7. More Bar-related courses and workshops. 8. Promote more meaning/participation in "Legal Professions" course, perhaps integrating a Legal Ethics course. 9. Offer more sections and/or allow more students per section for such hi-demand, often oversubscribed courses as Corporations, Comm. Paper, etc. 10. Provide more offerings such as the following: Jurisprudence & Social Philosophy, Law & Economics, Antitrust Law & Policy, Investment Banking Law, Medical Ethics & Law, Advanced Criminal Law, Advanced Environmental Law & Policy, Patents/Copyright / Trademark / Trade Secret Law, and, finally, seminars on great modern and contemporary jurists and social/legal philosophers, such as John Rawls, Robert Nozick, Bruce Ackerman, Richard Epstein, Richard Posner, Ronald Dworkin, H.L.A. Hart, the late Lon Fuller, Frederich Hayek, Roger Pilon, and last but by no means least, Roberto M. Unger, one of the doyens of Critical Legal Studies. 11. Revise Law Library Policy: (a) no undergrade w/o special research needs, and only with special permislibrary sion (b) extend hours to 2 a.m., and have it open 24 hrs on weekends (at least during exams) (c) provide more photocopiers. 12. Create new sth floor lounge and / or renovate existing 4th fl. lounge. 13. Finally, renew Shuttle Bus service on a frequent basis to Boulevard Mall for the benefit of all sudents dependent on the Shuttle for transportation. I promise you, who may sometimes feel disenfranchised, that I will vigorously and conscientiously strive for the above-listed objectives, plus any other worthy objectives that you might bring to my attention. As one of your representatives, I will welcome the opportunity to hear from you concerning any problem or proposal. So please vote for me, and let's work together to improve what is already a fine, liberal Law School. First Year Candidates' Statements continued on page 8 September 14, 1988 The Opinion 7 �Pullout: 1988-1989 SBA Class Director Elections Deeanna M. Gal la — This is it law school. The big L.S. and probably three of the most important years of our career lives. Make the best of it. Vote. It doesn't necessarily have to be for me, as long as you make an informed choice. All of our needs will be better met if we are aware of the issues that face us and if we vote accordingly. Remember, out of all the students who will vote today we will be here the longest, so the future effects of the S.B.A. will have the greatest impact on us. So much for the boring lecture. Now let's get to the good part, namely, what I stand for. My reasons for running for class director are very basic. I believe that everyone should have a voice and if I could facilitate that voice it would be very gratifying for me. I have researched the issues which affect us and there are many more than I ever thought existed. Let's start with one of the biggies, financial aid. Anyone who has ever attended this wonderful institution in the past (especially me) needs no introduction. It goes something like this: You approach the financial aid counter frantic. Your check was supposedly in the mail three months ago and now, with $.63 in your pocket and a half-empty bottle of ketchup in the 'fridge you're ready to give up on higher education and join the McDonald's team. An uninterested monotone greets you from behind the terminal, "Social security number? Oh yes. Smith right? Well, your check was in the mail but it never seemed to have materialized I'm sorry, I can't help you. Fill out form 228 and 54A and call this number and write your congressperson but most of all, pray!" Meanwhile you live on ... .. - ketchup. But that was undergrad you say. Well I was almost fooled too. Unfortunately, after reading may law students' comments of the topic, the problem seems to be just as bad in the law school. Believe me, if I can in any way be effective in reforming these outrageous financial aid errors I'm there! — There are so many points to discuss here and so little space. facilities for Adequate childcare, availability of curriculum (we as second years could be closed out of many important classes if something isn't done), no lounge for the law students, grades being submitted late, undergrade taking up limited space in the library, limited law library hours, and the whole structure of registration (which I hate to mention, is another of one of those biggies) are all important issues that face us. And by the by, has anyone tried to find a parking spot lately? At any rate your input is the most important factor —so vote. After the six class directors are elected let them know what you want done. As Kimi King, the president of theS.B.A. said during orientation, "Don't suffer in silence!" 8 * First Year Candidates Gerald Schaffer Don't be snowed over in Buffalo! !! Know where you are and where you stand. I will make student interests my concern; not offer pretentious statements, abstractions, or rhetoric. Sure it's easy to make such a wide-sweeping claim, but I believe that I have a few enriching ideas. I've been at U.B. for 5 years (yes theol' super-senior status). After graduating from the Biology and History Departments, I decided to attend U.B.s Law School. The #1 reason I chose U.B. was because I really loved it here as an undergraduate (#2 and #3 didn't hurt either a good school and relatively cheap). Other than a bit of congestion in the parking lots U.B. is really a great place to be. If you want reasons why just saunter (or schlep whatever's your style) up to me and ask. Enough senseless chatter. Here are some of the things that I propose: 1. Creation of a Law Student Newsletter (yes I know that the Opinion is our own personal publication). I think that this could be an informal question and answer type of newsletter (with questions coming directly from YOU the student) that could be distributed via the mailboxes. 2. Creation of, or augmentation of, intramural sports activities. I can't think of a better way to deal with stress, remain fit and promote a healthy sense of competition between sections. As any person familiar with Alumni Arena can attest, we have one of the finest facilities of its kind in the state. We pay for it (check your finanacial statements), why not make use of it. I've already discussed this with several people and volleyball seems to be a favorite, although that definitely doesn't exhaust the possibilities. I have many more ideas and if you have the time or inclination, please ask. I seem to have run out of my allotted space, so I'll end with, "If I'm elected FREE Beer and H's FREE Parking for everyone" (finally caught your attention, huh?)!! — — .. .. .. Michele Driscoll Hi! My name is Michele Driscoll, and I am seeking election as one of your six Ist year student directors on the Student Bar Association. To give you a little bit ofbackground information about myself, I am from a city called Auburn, NY, which is about midway between Syracuse and Rochester. It's the home of the smallest of the Fingerlakes, Owasco Lake. Since I live near the lake, you'll often find me waterskiing, boating and swimming during the summer. During the winter you'll find me wishing it was summer. I enjoy the monsoon seasons in NY so much that I stayed here during all four undergraduate years of college. I spent my first two years at C.C.C. (Cayuga Community College) in Auburn, then transferring for the re- The Opinion September 14, 1988 maining two to Cornell University in Ithaca. I graduated with a B.S. Degree in Industrial & Labor Relations this past May. Along the way, I've had extensive experience in student government organizations such as the C.C.C. Board of Trustees, Student/Faculty Association, Student Government Organization and Student Senate to name a few. I know that these organizations have bettered the communities they've served, and I'm convinced that the SBA is able to do so as well, which is why I'm running for this office. Some of the specific problem areas which seem to need addressing this year include parking (vultures are everywhere!), student lounge facilities, the School's nationwide ranking and publicity, financial aid, and academic advisement. A few specific ideas include the construction of new parking areas and/or rezoning of existing parking areas, the posting of student ride boards for carpooling purposes, construction of a new student lounge or revamping of the current (but unused) one, the distribution of brochures to major employers and universities around the country to enhance the nationwide image of the school, and career forums in which alumni are made accessible to students for students to get more information on possible career options. This list of problem areas and ideas is by no means meant to be all-inclusive. I look forward to hearing any suggestions and ideas which you have for improvement as well. As Frank and Ed say, 'Thank you for your support. Joe Toth Law students, first of all, are students, and students enjoy a special status at places of higher learning: they willingly submit to present control in hopes of future liberation. The will to teach and the will to be taught are powerful but unequal allies, their relationship underpins this control of students. Any strong alliance depends on sharing interests, on voicing concerns, and on bargaining for goals and perspectives. Naturally, dissent and agreement coexist. Most important to this compact, however, is the responsibility of the participants to oversee their individual needs and rights with a dutiful vigilance, for only they know their experience well enough to represent it wholly. The Student Bar Association takes part in a kind of alliance, representing the interests of rank and file law students to the faculty and administration of the school mainly through committee work. They must listen, speak, and bargain for students. They must, through knowledge of charters and bylaws, work to convey our experience and to ensure that students are treated fairly and with dispatch. Simply, SBA must know our rights and protect them with vigor. I'd like to serve on SBA, particularly on policy committees, because I think exploring the way academic institutions establish control as well as pro- — * (continued) duce knowledge rounds out one's "education" in a subject. I also think I'm successful at committee work, learning to represent through direct experience. I served as Vice-President of the Association of English Graduate Students for a year. AEGS is Michigan State University's English graduate student government organization, similar in charge to SBA. We dispersed funds, held electionsfor departmental committee positions, organized social events, and represented English grad students at the larger university graduate student council. Generally, we acted as liaison between administration, faculty, and students, tackling issues such as the awarding of assistantships, the size of seminars, and program requirements. I also served two years on the College Advisory Council of the College of Arts and Letters. Here I was the lone graduate student member, representing graduate students at large. The committee advised the dean on by-law issues, such as changes in the degree requirements, and reported on the dean's activities usually regarding the budget to the college. Finally, I served, with another graduate student, on a search committee for a new dean of Arts and Letters. This intense, thirteen-month committee was charged with establishing a short list of candidates. We advertised, collected dossiers, ranked candidates, read dossiers again, interviewed, ranked some more, and finally came up with a short list. Along the way we argued: Is faculty vote binding or advisory? How shall students meet the candidates? What does "shared responsibility" between provost and CAC mean? Is the Search committee's vote on the short list binding? And so on. I mention these seemingly mundane details because they characterize the way in which administrative work at universities gets done: meetings and discussions, rules and procedures. In it all are opportunities to advocate and to advance one's positions, provided that representatives understand the structure and function of the institution in which they reside. The work is neither glamorous nor easy, though it is less difficult with experience. — — by Kathy McDonald My name is Kathy McDonald and I am running as a first year director for Student Bar Association. From my understanding there are three functions of the SBA. It provides social functions for the law students. It is a source of funding for thevarious organizations run by the law students. It initiates ideas on how the law school operates, including placing students on the various law school committees. Many of you who know me will realize that socializing will be the aspect of SBA that I would concentrate less energy on. Fiscal decisions are important, but I must follow reasonable formulas for allocations of funds. The SBA makes appointments to Faculty/Student com- mittees. The class director should provide her classmates with information regarding committees and the function of those committees. She should assist, by being approachable, those classmates interested in appointment to committees. And her interest should not stop there. Meeting with first year committee members to follow the progress of the committees is also important. An SBA director has a responsibility to keep her classmates informed of all pertinent issues discussed at SBA functions and law school committees. She also has responsibility to keep students informed of the concerns of their classmates. She has a responsibility to encourage discussion and questioning; to encourage and initiate ideas; to encourage and promote involvement. An SBA director has responsibility to present and vigorously defend ideas of all those she represents. Since our admission to UB Law School, several issues have already come to our attention as students. We have all been effected by the arbitrary and capricious manner in which we were assigned to groups without regard to how it would affect our own schedules. Another topic of concern has been allowing recruitors on campus from employers who discriminate against individuals based on sexualorientation. I have also heard concerns related to thefaculty statement of discrimination by law school students. Some mechanism for reviewing faculty actions arising from that policy statement would help to protect our first amendment rights. The most important aspect of SBA seems to be providing a forum for law students to bring ideas. Many people share the same ideas, but without the forum provided by the SBA they believe that their ideas are isolated thoughts. If enough people believe that their ideas are just and rational, the SBA can provide an ideal means for addressing faculty and the administration. Finally, an SBA director should be available to address the issues that you, the first year student, want to have heard. This I would do through regular weekly hours of availability to meet and talkwith any first year student. This I would do through a monthly letter detailing SBA events and issues, committee openings and issues and various other issues raised by students. This I would do by responding to any requests, ideas, etc. placed in my mailbox. I do not detail my own ideas on the issues mentioned because I do not view the director as representing her own issues. As SBA director it is only fair to represent the interests of the class and to fairly protect the rights of each individual in our class. First Year Candidates' Statements continued on page 10 �New SBA President Examines A Variety ofIssues JAG Corps The SBA still believes that the on-campus recruiting of JAG Corps violates the Governor's Executive Order and is an insult to all persons who are prevented from interviewing. This issue will not go away, nor will the persons upon whom it impacts. Admittedly, if the Faculty were to change their minds and force the JAG off-campus, those who would want to interview would not have it as easy as they do now. by Kimi Lynn King However, at least these persons can still interview. The argument that "an off-campus recruiting policy discriminates against persons who want to work for the JAG" is nonsense. We are not advocating complete removal from the recruiting process (as indeed some schools have done), we want only to make the JAG use their money for their ridiculous policy. Persons who argue "why would anyone want to work for the JAG if that is their policy" miss the point. Indeed, why would blacks or Hispanics want to live in white neighborhoods, or go to white schools? Why would women want to work for corporations whose management is blatantly sexist? We are not talking about preferences, we're talking about equal opportunity, and access. A career in the military is a lucrative one. The last shortsighted argument is that "well, it's the law." Yeah, and Plessy v. Ferguson was on the books for a long time, and laws were made to be changed. The faculty will be meeting this Friday, Sept. 16 to debate this issue. We encourage those persons who believe the current policy is correct to speak out, but we will continue to support persons who are discriminated against by this policy. It has been two years since this was brought to the attention of the school isn't it time we just said no the JAG and yes to equal rights? — New Business Our first floor lounge will be returned by October Ist. All groups interested in holding meetings there must sign-up in the SBA office and on the firstfloor lounge door. Failure to do both means you may lose the space. By this time, all student organization leaders should have met with Greg Vinal, Treasurer, to discuss funds. If you haven't, you should get on it, so your organization is not adversely affected. This year the SBA is going to stick to deadlines, so please watch your 3rd floor mailboxes DAILY, for important memos. Speaking of deadlines, you may apply to the SBA to receive your mandatory student fee money back. Each semester, you pay $25.00 for the funding of all the student organizations. Fees will be returned according to University Trustee guidelines which specifies that students' money is returned only for economic hardship. We believe that the money is wisely spent given the diverse student body which receive services. Your money goes to fund organizations, theirtelephones, SBA parties, use of Alumni Arena, accounting fees for Sub-Board which administers all of our $42,000 budget, The Opinion, In the Public Interest, and all of the special interest groups around here. If you feel the need for a group, come to an SBA meeting, and we will try to come up with some seed money. Additionally, we try to fund individual students who are attending a conference. You must submit a request and appear at an SBA meeting (plus a few other procedural hoops), in order to get money. The amount varies based on the conference, number of people going, etc. Monies are also available from the individual student organizations, as well as the Dean's office. Given the current SUNY budget freeze-out, SBA will try to fill in the gaps where we can. Student/Faculty Committees In addition to administering the budget to the more than 20 different organizations who operate in conjunction with the SBA, also select student members for the various faculty committees which are designed to provide student input on issues affecting us. One of the criticisms of the studentfaculty committee process is that the administration tends to take our feedback, and do nothing with it. SBA is looking for students who will be advocates, who will work for cooperative solutions, but not at the expense of student needs. For the first time thisyear, we will be introducing an application process. For the most highly competitive committees, applicants will be required to submit a letter of interest. Based on these letters, the SBA Class Directors will select the top 12 candidates, and conduct interviews. Information about all committees will be posted. The committee selection takes place the first two weeks after elections. Watch for notices on the new and improved bulletin board outside Rm. 101, and read the statements about each of the committees in this edition of The Opinion. Student Position Paper For those of you who are not aware of the issues affecting your legal education, we recommend you check out the "Student Position Paper," which was written last year by concerned students (kudos once again to Lisa Sizeland and Co.). This paper was written, not to condemn the Law School, but to draw out issues which if improved, could bring this place the acclaim it de- serves. Six copies of the paper have been placed on reserve at the Law Library reference desk. We would appreciate any of your thoughts about possible improvements in current policy. Don't forget to give what you have to offer. It may be more than you think. Parking There are a number of pressing student issues which need to be emphasized. First (as it always is this time of year) is parking. If there are going to be any effective solutions, we have to stay with this issue all year round. We must work with the other student organizations to be sure that once again, students don't get lost in the process. Public Safety is going to a sticker system, which means basically that now we get to pay $3.00 just to drive around the parking lots to find a space. In years past, faculty members have parked in student-designated lots, taking up precious space, while faculty lots remain unfilled. We encourage you to take down the license plate numbers of faculty/staff cars which are parked in student lots. Turn them in to SBA, and we will send letters of complaintsto the authorities. We recognize that it's not much, but short of lining up 100 cars around 7:00 a.m. to block off the roads (or better yet, staging a studentdemonstration to protest), it's the best that we can do for now. Faculty stickers will be white, and students' will be blue and white. Don't forget to get one, because Public Safety will be writing tickets for unauthorized vehicles starting October 1. You might be interested in knowing that the Administration sent letters "reserving the first 1-100 slotsfor student government leaders." Thanks, but no thanks, I'll wait in line just like everybody else! Meanwhile, the parking problem continues, so we have to speak up, and speak loudly! Financial Aid Second, the financial aid fiasco continues. The new assistant Dean, Marlene Cook informed me that in order to preempt some of the problems that Hayes B experiences every single year, the school has donated two work-study students to help out on the Main St. campus. The problem of "what to do about financial aid" is probably the most ridiculous nonpolicy of the SUNY system. Dean Filvaroff has been consistently trying to come up with working solutions which have a decent price tag, which SUNY Central can stomach. If you have a complaint about the financial aid process, come to SBA and fill out a complaint that we can send in. At a minimum, the law school should have either one (1) fulltime administrative assistant who oversees financial aid, or the school should cough up the $$$ for three (3) graduate assistants (one for each year which would be approximately 1 assistant for every 275 students). To think that SUNY prides itself on its allegedly progressive policies is preposterous when it comes to financial aid! There are only two public law schools in thewhole system (City University in New York is the second). SUNY Central provides UB one (1 count 'em singular), half-time (count that 20 hours/week) graduate assistant (count that a fellow law student who has a life too). With conservative figures, that means that for the 825 students registered, the financial aid graduate assistant working an average week, has exactly 87 seconds for every student. Now I don't know about you, but when my September rent is due, the phone bill is late, Hayes B is charging me $20 a pop in late fines, I want a little bit more than a minute-and-a-half of someone's time to talk about why my check won't be in until November. In all fairness to the administration, I honestly believe Dean Filvaroff and Asst. Dean Cook — care about changing the policy. Providing work-studies is a step in the right direction, but it is only a band-aid cure. For our part, we can help them by 1) being meticulous about deadlines and filling out forms (the alleged complaint from Hayes B is that students screw up the application process); and 2) providing a continual stream of commentary about what is happening, as well as recommendations. Don't let it get you twice by suffering in silence. Speak up, and speakpositively! Library Third, our library is a precious natural resource, and slowly, but surely, we are losing ground. There are all kinds of issues facing the library, not the least of which is the fact that within four years we will not have enough space to accommodate all of the books we will need, and simultaneously maintan seating capacity to fulfill ABA accreditation requirements. Not the most of which is the fact that you can wait for 30 minutes for a xerox machine, during peak times, and if you are lucky, on any given day, all of the three machines may be working. Prof. Gibson (head Law Librarian, and library advocate extraordinaire) has some great ideas about improving the place. We need to throw our support behind her to insure thatwecontinueto increase our ranking. One idea is to provide a copy service like the Health Sciences Library which costs the students NOTHING to copy library materials. Some libraries in the University system generate over $100,000 in revenue from the copiers. We think we can do better and keep the revenues that come in from us, in our library! Three years ago, SUNYAB rated 17th overall according to the Gourman report, last year we fell to 38th. With a Dean who has fantastic long-term ideas, short-term initiative and drive, the SBA is committed to supporting the Faculty and Staff to see to it that the Law School is given priority placement for resource allocation. But they need our feedback, workable solutions and energy. Speak up, and speak constructively! Future We have kept reminding Sample that taking UB to the top ten is a great aspiration. Part of what makes a great top ten school are graduate programs which retain highly qualified students. If the rat race policies and petty administrative implementation forces you to transfer or drop out, orworse yet, coerces you into quelled and angry apathy... something is wrong. And for that we will not remain quiet. SBA Announcements If interested in applying for one of the SBA committees, please sign-up outside the SBA office (Room 101) by Friday, September 23, 5:00 p.m. Interviews will be held Wednesday and Thursday, Sept. 28, 29 from 5 to 10 p.m. Because of the highly competitive nature of the Admissions and Special Program Committees, these two will require a one page, single-spaced TYPED letter of intent stating qualifications for the Committees. These will be due in the SBA office on September 23 at 5:00 p.m. The SBA will announce on Tuesday, September 27 those who havebeen granted interviews for these and all othercommittees. Times will be posted outside the SBA office. � The first SBA meeting will be held Tuesday, September , 20 at 5:30 p.m. in Room 109, O Brian. All newlyelected class directors must attend. SBA meetings are OPEN TO THE PUBLIC. � Persons interested in working on a Law School directory should contact an SBA executive board member. Waiver forms for the 1988-89 mandatory student fee may be obtained outside the SBA office door. Deadline for submission is Tuesday, October 4, 9:00 a.m. at the SBA office. Demonstration of economic hardship is required. ATTENTION Students may be entitled to reimbursement of Mandatory Student Fee. — Reimbursement petitions — — — can be picked up on S.B.A. door. Deadline for the return of application is October sth. Applications must be returned to S.B.A. office. Only cases of financial hardship need apply. ATTENTION All persons interested in getting on S.B.A. agenda must have note outlining discussion in box 526 24 hours prior to S.B.A. meeting. WORD WRIGHT SHOP Processing • Word Typing • Resumes / Cover Letters • Graphics • Free Pick-Up & Delivery • Call: 652-8163 September 14, 1988 The Opinion 9 �Pullout: 1988-1989 SBA Class Director Elections Peggy Pasnik As I sat down to plan my election strategy for Director, I thought it might be helpful to consult with a few professionals to see what insights they might have. I called my friend Mike. I said to Mike, "What advice can you offer on winning my campaign for Director of the Student Bar Association?" Mike replied, "Make sure your platform is solid and slam your competition." I thought about what he said and decided that I had better get a second opinion, so I called another friend George and asked him, "George, what do you think is essential in running a successful campaign?" He replied, "The two key areas are showing the voters that you're qualified and slamming the opponent." Well, if you knew my two * First Year Candidates friends, you would know that I took their advice with a grain of political salt. What I want you to know is that I am willing to take a stand on issues that are important to the first year law students, and I am qualified to do the job. Now that we've gotten our feet wet with classes and studying, it's time to consider what is going on around us. We will be attending UB Law School for the next three years, and I'm sure we're all concerned with making them productive as well as enjoyable. I feel that a big part of our success will depend on utilizing the support groups thatexist on Campus. These groups may serve political, educational, or social functions. What ever the case, they all exist for the wellbeing of the student body. Did you ever wonder who is behind the activities that are scheduled? It's students, with the support of the faculty and the administration, working for other students. The SBA represents the core of activity as the Directors of each class are responsible for not only sponsoring SBA activities, but also for distributing funds and offering support to the otherLaw School organizations. That is my platform. I stand for students helping other students. As we continue to face new experiences here at ÜB, we will inevitably uncover problem areas that we will want to address. I will be here to express your concerns to other groups, faculty and administration I completed my graduate education at Syracuse University, and while I was working on my Masters Degree in Public Administration (MPA), I served as the President of the MPA Executive Council. The Execu- . * (continued) tive Council served as a vehicle to further the goals of the stu- dent body. My experience working with students, faculty, and administration has prepared me for the challenges associated with serving as a Director for our class. The advice I received from my political advisors breaks down after discussing issues and experience. There is nothing I could say against my fellow students. In fact, I wish those who are running the best of luck, and I wish to all thefirst year students a year of triumphs. My goal this year is to serve you by serving as a Director for the Student Bar Association. I want to be a student working for other students. When you cast your vote, remember that I'm on your side and want what's best for us. Valda Ricks Welcome to all fellow first year students. My name is Valda Ricks, a graduate of political science here at U.B. My political background has made me aware that organizations should consist of those who possess, but are not limited to the following qualities: integrity, strong leadership abilities, a sense of fairness and an ability to represent the interests and needs of our class. I intend to do my best in representing each person's interest, to be fair and equitable and address the needs ofall law school organizations. I appreciate the difficulty of the task before me but I strongly believe in the need for efficiency in this organization. With the support of the rest of the staff, we can look forward to an effective government for 88/89. Second Year Candidates Victor Arias My name is Victor M. Arias and I am runningforthe second year director on the Student Bar Association. Last year I was appointed to the Law School AdmissionsCommittee and the Library Committee by the Student Bar Association and it was a very good experience. As a second year student I hope to engage, through motivation, the student body in another productive year. Each year the Student Bar Association holds interviews during the appointments process for the Law School Committees. These committees are vital in regard to student input on certain law school administrative activities. It is important that these and other SBA sponsored activities are publicized so as to reach every student and make them aware of administrative decisions. I look forward to playing a major role in helping in this effort, and I wish everyone all the best, this semester and the next. Martin Coleman I will ... I'm keep this simple running, actually walking, for the position of second year class director. Those of you who know me know that I have a big mouth and that I use it! I also take the idea of Democracy very seriously which means that I won't simply pursue interests that fit my own preferences. I will remain accessible to you and will present your complaints and desires for change at the Student Bar Association meetings. I won't promise that I can accomplish what you want, but I will work continuously for those issues that are matters of simple justice, i.e. handicapped access to the law school, or show themselves to be desired by a large consensus of the law student community, i.e. full time financial aid coordinator. Whether you choose me or not, please communicate your problems and ideas for change to those elected to SBA, they will do a more effective job with your input and your involved oversight. 10 Damon H. Scrota Hello. Today and tomorrow you will have to choose six individuals to represent you as directors for the Student Bar Association. The choice may be difficult as there are many qualified candidates to choose from. All I can say is try and vote for the most qualified (not most popular) individuals running. My qualifications are as follows. I am currently Layout Editor for The Opinion. This position puts me in continuous contact with pressing law school concerns, ranging from minority hiring to day care facilities on campus. I have also served as both a member of the SBA committee on Ranking and the Faculty Committee on Long Range Planning. My involvement in SBA last year instilled a sense of the intricate nature of law school government. I know how the student bar works and how it can be made to work for you. The student position paper that Lisa Sizeland and others helped to create last year must be used as a catalyst for change in the law school. Such pressing considerations as the need for a fulltime professional financial aid advisor, the lack of on campus day care facilities for parents who go to law school, and the allotment of scarce law school resources must be addressed by a faculty/student cooperative body. Student leaders must coordinate their suggestions with faculty and administration so that plans for the improvement can be enacted and implemented after they are formed. I want you to know thatI will continue to try and make the law school a better place to live and learn, regardless of the outcome of this election. I feel that we can help metamorphisize UB Law School into something better. Help me so thatI can be in a position to help you make a difference. The Opinion September 14, 1988 Mary Joyce Hi! My name is Mary Joyce and I'm running forthe position of 2nd year director of the Student Bar Association. One reason I am running is that I believe that the S.B.A. is capable of greatly affecting the general atmosphere of the law school community. Having completed my first year of law school, I have become extremely aware of the pressing need for a student center, specifically for the law school, at which law students and faculty would have the opportunity to meet and communicate for both social and educational purposes. I feel that one of the most important aspects of a law school education is the opportunity to learn from each other and thatoften we learn as much from our discussions outside of class as we do in attending our classes. I have also found law school to be a very isolating experience, socially as well as men- tally. Presently there exists no viable location within the law school which provides law students with a comfortable environment for deliberating and discussing what we are experiencing. I think that the absence of such an area is highly contrary to U.B. Law School's policy of promoting integration and academic freedom, especially freedom of speech. Past efforts to accomplish the construction of a student center have been rejected for obvious financial reasons. However, I believe that the inception of a new administration, under Dean Filvaroff, brings a much greater likelihood that the administration will be open to a plan to remedy this very evident deficiency. The parking problem is another issue of great concern. Last year several law students attempted to put pressure on the University to alleviate the parking problem and I would like to be able to work with them in an effort to extend their original plan. Last of all, I will admit that socializing is still my favorite subject and I strongly express my desire and interest in bringing about some happening S.B.A. events! Christopher Reo A year ago I ran for position as an SBA Director because I wanted to help rectify many of the inadequacies I felt were present within the Law School. A year has passed, and while we have started to roll the ball in the correct direction, I still believe there exists alot for us to accomplish as students and contributing members of society. I am as committed now as I was a year ago, but time has taught me a couple of things. First, ideas without determination go nowhere. Second, apathy is our greatest nemesis. If elected, I promise to use what I've learned to help the SBA improve the soul of UB LAW. The following are some of the ideas I am determined to work towards. First, we still need a student lounge. I, like many of my fellow students, am tired of having to fight for a spot in the 'walkway cafeteria' so that I might meet my classmates. And while many of us use the library as our social center, we should not have to resort to such an extreme. It is the duty of the SBA to push the Administration so that this most important need is fulfilled. Second, the SBA must work towards broadening our knowledge of issues and people that affect us. By hosting lectures, forums or brown bag lunches, we will be able to increase our level of understanding of the community and world that we are all a part of. Third, theSBA must continue to offer a diverse blend of social events. Things must change from last year, when only a few people tried to please the whole student body with limited resources and even less assist- ance. Fourth, SBA monies should go to those groups that are active, not those that profess to be. Last year I was criticized for voting against an increase in the Environmental Law Society budget. I made thatdecision because I felt (and still do) that their inactivity did not warrant a budget increase especially in light of the fact that many other groups had utilized their budgets to the fullest extent possible. The SBA must also continue to support student groups with new ideas, though they may not always succeed. Finally, the SBA must continue to act as the students' advocate when questions arise or when specific needs are not being accommodated. Whether the issues be financial aid, access for those with special needs, or extended library hours, it is we who are elected as your representatives and it is our duty to always act with that in mind. If elected, I promise to listen ideas and to act with your interests in mind. It is my view that ideas and determination are the strongest way to end apathy and it is those ideals that I will strive towards. to your Rohan Marshall My name is Rohan Marshall and I am a candidate for second year director on the Student Bar Association. I sincerely hope that everyone is enjoying this semester so far. The Student Bar Association is preparing for a good year and I am certain that a good time can be had by all. My experience with the Student Bar Association includes working on the Mitchell Lecture Committee as well as participating in other social functions. As a second year director, I will consider myself as a voice for my class, and I will make myself as available as possible. Best wishes to everyone. Second Year Candidates' Statements continued on page 11 �Pullout: 1988-1989 SBA Class Director Elections Bill Bee Welcome back and all that stuff. Well here we are second year law students. It has a rather nice ring to it. We can almost say without stretching it too much that we are almost out of here. After all, after this semester we only have three more left. Hey, I bet all of you are like me and are ready to set up shop and start billing!!!!!! Well maybe not quite yet. Before I get into the meat of this statement of purpose, I must take this opportunity to send a hearty congratulations to my fellow section three (or should I say ex-section three) types. We survived Contorts! Isn't just our luck that we just happened to be the last group to take it! It's September and we are in Buffalo. This means there are several things we can expect; We can expect to get used to getting to school three hours before class to find parking; we can expect to start wearing our heavy winter coats any day now; we can expect to (although those of us from NYC will deny it) get caught up in Billsmania and; we can expect another SBA election. I'll be perfectly honest with you. After last semester I said that's that, no more SBA. But when I got back into the swing of things and I noticed the great job Kimi King is doing I got so excited that I grabbed some petitions and just knew I had to be a part of what I believe will be the best year this place has seen in a long time. So the question remains what do I want to do for you? There are a few things I'd like to see implemented this year. First and foremost, we need to get a lobbying group together to go to Albany so we may enlighten the legislature of the needs of the school and the importance of this law school to the state. We are the only public law school in the state. Because of this a lot of people are able to attend law school that might not have been able to. Secondly, I strongly believe SBA needs to allow clubs to spend their money as they see fit, without SBA interference. To this end, we should adopt the SUNY guidelines on spending as our own and realize they sort of * Second Year Candidates are intentionally vague. Third, I seem to recall Dean Filvaroff mentioning several plans on improving the facilities and building a new student lounge. I think we as a body need to see how SBA can assist to turn his promises into reality. Fourth, I want to work to make sure our law school continues to beaccessible to all students, and that it maintains a diverse student body. Finally, now that we are second years and have struggled through the drudgery of first year and the pain of spending a summer working for free or close to it, I think we need to let down our hair and PARTY. Remember, I'm Bill Bee please vote for me. Robert Brucato My name is Robert Brucato and I am running for second year director. As a candidate I don't represent a particular group or interest, rather I will try to represent the entire student body. I have had experience in dealing with the administration at ÜB, having gone here as an undergraduate and being active in the undergraduate student association here, for four years. I was also responsible for a budget of over 1 million dollars. Having a keen interest in representing and serving the needs of the class of 1990,1 feel SBA's major responsibility is to attempt to satisfy the needs of the students. SBA must consistently lobby the administration of the Law School, and of the University, for such things as a Student Cafeteria, parking, a full time financial aid advisor, and many other needs that go unfilled. One major need that I would strive to fill, are more sections opened for courses that are in high demand. Second year students especially are often shut out of classes that they need as prerequisites for other classes. If elected, I will put pressure on the administration to open more selections to high demand classes or expand their size to accommodate more students. I also feel that one of the major needs of'every student is the need for social activity. Be- sides for the usual bar parties, which SBA provides, I would also work for non-alcoholic events too. We all need an outlet, and part of our fees should support our social life. If I am elected Second Year Director, I will be an advocate of the needs of all students and sensitive to thedemands of different interests. I will make sure that all students' demands and desires are addressed, and will work as hard as I can to satisfy those needs. I urge everyone to vote in the coming SBA elections. Robert Davis I wouldI ike to make SBA even more responsive and receptive to students' ideas through expanded interaction among student groups. I feel that I am uniquely qualified for a representative capacity due to my own experience as an undergraduate student senator. Also, due to my external involvement with SBA as President of GLSO. I had an instrumental role in the formation of the law school's Committee on Law Students with Special Needs (handicapped) which deals with institutional provisions to accommodate the needs of handicapped students. I am an active committee member and am familiar with the various administrators, secretaries and faculty. Furthermore, I am unafraid of being myself and standing up for those who, like me, most critically need and are entitled to a voice in the studentgovernment policymaking arena. Stacy Glover What's up? My name is Stacy Glover and lam running forsecond year director. During the past year I have had the opportunity to observe the SUNY at Buffalo administrative structure and I feel that there is a growing need for student involvement. My precious political experience has been President of the Student African American University 100 Chancellor's Roundtable at Syracuse University, and the Buffalo Law School Admissions Committee. As a second year director I will put into the SBA what I have put into other organizations. Giving my * James Kennedy us a chance to make SBA work foryou. We don'tknow howour names will appear on the ballot, but be sure to look for Wendy and Jim! Wendy Urtel Betsy Bannigan Hello, we are Wendy Urtel and Jim Kennedy, and we would like your vote for second year SBA class directors. We are running as a team because we share the same concerns for SBA and the student body, and would appreciate you voting for both of us. As you, our fellow second years are discovering, the Career Development Office is one of the law school's most valuable services, and as you can see, now that Fall Recruitment has begun, the CDO needs more room, more resources, and more staff. We plan to use the SBA to work with the Administration to help bring about these muchneeded improvements, for without adequate access to CDO's resources, you may not find a job. What good will your law degree be then?! We are also very much concerned that our school is not living up to its commitment to eradicate all forms of discrimination and barriers to the physically challenged and visually impaired students. The problems we are talking about include forcing students in wheelchairs to sit in the back row of huge lecture halls on the first floor; lack of desk facilities in the second floor classrooms; inaccessible bathrooms; the complete lack of electricallyopened doors; and many visually impaired students to whom xeroxed class materials are virtually unreadable. We plan to work through SBA to force progress towards solutions to these obstacles. We see a lot of room for more involvement in SBA, but we also know it will not happen until SBA improves its communication to you, the student. This does not have to be complicated: Why not just post the minutes from SBA meetings in the mail room, or have a monthly SBA newsletter distributed to all students? The SBA should be a channel of communication for all law students. We hope you will give My name is Betsy Bannigan and I am running for 2nd year director of the Student Bar Association. Last year, as a Ist year director, I witnessed first hand some problemswithinthe SBA and the law school itself. We have a terrific law school made up of many great people. Unfortunately, the law school is too often plagued with student apathy. I am running for SBA because I care about this school. I want to continue my involvement in the policy decisions and social functions of UB law, and hope I can find a way to get the student body involved as well. In addition to my SBA experience, I am currently a member of the Faculty/Student Committee on Students with Special Needs. The committee has prepared a report with recommendations to be presented to Dean Filvaroff and the faculty. This proposal addresses the numerous concerns of persons with physical and learning disabilities at UB Law School. Such concerns include: building, accessibility, housing and transportation needs, financial resources and individual program prescriptions. I became in volved with this committee because it is a cause I feel very strongly about. There are over twenty clubs and organizations within the law school. One can only imagine the effects each of us could have if we pursued a cause we truly believed in. The personal satisfaction derived from such involvement, as well as the benefit to this law school and the surrounding community, would be tremendous. I enjoyed working on SBA functions last year and hope that you will provide me with the same opportunity this year. I need your support, and in turn, will do my best to voice your individual concerns to the SBA and the faculty. Remember though, it is only through your input and continued involvement that UB Law School can become a better place. all is what I intend to do, and with this I hope to win the confidence of my constituents. History from page 6 such insinuations, at least we knew that such hysterical comments were evidence that we had done an effective job in bringing our causes to the attention of the university community. Briefly, some of the activities we initiated last year were: A letter writing campaign to keep former Federal circuit court Judge Robert Bork from ascending to the Supreme court. Nearly 500 letters were collected from the UB community along with over 300 petition signatures, which were forwarded to Senate members. Bork, as you may know, lost in his bid for a seat on the Supreme court. —Spearheaded campus debate on the Israeli occupation of the West Bank and Gaza strip, and the increasingly brutal repression of the Palestinian people by the Israeli occupation forces. — — — — Over 300 leters were collected protesting the recent rash of repression and calling for a negotiated settlement that will give the Palestinians the human rights they deserve. Kept pressure on our Congressional representatives to vote against military aid forthe U.S. backedforces fighting against Nicaragua, by mailing out over 100 letters to them. Pushed along a proposal to extend the Law School's antidiscrimination clause to include equal access for people that are gay or lesbian. This would includepreventing the administration from actively recruiting employees who discriminate on the basis of sexual orientation. Expanded our already existing prisoners legal training program to include prison for women in Albion, New York. This program teaches prisoners how to make use of the legal texts they have at their disposal in the prison, and to represent themselves in court. Beyond the progressive activities the Guild has been involved in over the last 50 years, the most important role the Guild has played is as a challenge to their peers in the ABA, and in the legal profession in general, to re-evaluate the function of the legal profession in providing Justice for America's people. The ABA is basically a status quo organization. While they state that they are concerned that millions of Americans DO NOT receive the legal help that the Bar itself admits they need, they are not willing to spend more than patchwork resources to meet these needs. More importantly though, they are not willing to admit that this maldistribution of legal services in endemic to the liberal-capitalist governing system we have in our country. Here is the scenario: The vast majority of members of the legal profession practice in civil law in the areas of contracts, corporate law, tax law, and property law because they can charge, at a minimum, upward of $75.00 an hour, averaging $100.00-S2OC 1 an hour. They can do this because in our country lawyering is not regulated by the government, which meansthattheeconomic principles of supply and demand in the "Market" for legal services control thedistribution of those services. These lawyers act as commodities, selling themselves to the highest bidder. This can be called the "Market system of Justice". Now if you haven't pcked up on it, this is my dry attempt at humor, there is no "Justice" in a market. The Constitution, Christian Morality, or Humanist they all expound principles on the sanctity of individual and even guarantee rights them in the case of our Constitution, but unless you can float enough greenbacks up to those upper level laywers offices downtown then your "Rights" will, by and large, remain theoretical. Because the Guild operates on the principle that "HUMAN RIGHTS ARE MORE SACRED THAN PROPERTY RIGHTS" it acts as the proverbial thorn in thefoot of the legal profession. It is in this role that the Guild may show greatest fruit in its goal to see that Justice for all is the cornerstone of our democracy, and not merely a false idol paid lip service by greedy — — professionals. Martin Coleman is a member of the National Lawyers Guild, September 14, 1988 The Opinion 11 �Pullout: 1988-1989 SB A Class Director Elections Third Year Candidates Derek Akiwumi Welcome back everyone. I hope everyone had a wonderful summer. Thisyear I am running for third year director on the Student Bar Association. I am looking forward to another good year. Last year I served as your Vice-President, and the year before, I served as a first year director. I have enjoyed serving the student body during the past years and I am looking forward to having the opportunity to serve you all again. I would like to remind all third years that this is our last time around, so let's enjoy it to the fullest. Thomas Laurino The underlying function of the S.B.A. should be to let U B U. I hope to achieve that goal as best as I can. That's all, and thanks for your support. Lisa Sizeland Lisa Sizeland for third year class director! I am seeking this position in orderto continue my efforts to improve communications between the student body the administration, maximizing student influence in decisions affecting thefuture of our school. I would provide evenhanded responsible representation of all my classmates. As a candidate for second year director, I promised to develop a student position paper for the new dean. And as chairperson of this SBA subcommittee, I insured that IT WAS ACCOMPLISHED. The advanced spring registration and advisement table were programs recommended by this report which were acted upon. Student concerns must not be forgotten. An experienced and dedicated student delegation must join with our faculty and administration in meeting the needs of our school. If elected, I will listen to your concerns and represent the third class to thebest of myabil- and ity. James G. Snashall I have decided to submit my name as a candidate for a class director, and now must "present" myself to you folks. I would like to serve on the SBA for a variety of reasons, and I hope that my imput will be of value to this school and its students. The SBA has the opportunity to make some major gains for the students, if we take the initiative. We can take the initiative and try to get some adequate, accessible, and inexpensive day care facilities for students on thiscampus. The present forms of day care are unacceptable, because they are too expensive. If the SBA can support drinking at Molly's Pub then they should help provide forthe student/parent who needs day care facilities. We can also take the initiative and make our school more accessible to handicapped folks. How can the SBA have school parties at a bar that is not handicap accessible? The doors and the elevators in O'Brian are not handicap accessible and they should be. It is the SBA's duty to try and correct this wrong. I would also like to see our SBA initiate programs that could benefit all of the SUNY system. Some schools have student credit unions, why not us? What student wouldn't want a free checking account, a bank office on every campus, check cashing facilities, and credit cards that pay a percentage of their revenue into a student scholarship fund. If we sit back in our lazy-boy recliners with Tax I, then no changes will occur. If we ask for change we will get it. Awilda Matias Once again it is that time of year for the SBA to get underway with elections. At this moment I would like to remind all third years, as busy as you are, that we must get into the swing of things and get out the vote. I am running again for third year director and I intend to work as hard for my classmates as I did last year. This year I hope to spark more enthusiasm in student participation in law school extra-curricular activities. I encourage all those who are in- terested in becoming more involved in various organizations to attend the SBA Club Nite and other activities that will soon be held toward the end of September. Again, I encourage all to get involved and I look forward to a great year for everyone. Shelley Forde I am a candidate for third year director on the Student Bar Association, and it is my intention to represent each student in all law school administrative activities in which theStudent Bar Association is involved in regard to student matters. As a third year law student I alsofeel dedicated to supporting student involvement in the legal community. In the near future, I plan to work to bring the Student Bar Association to the law student as opposed to the unrealistic objective of waiting for students to approach the board. These and other ideas may soon be turned into reality. So please, make sure to get the vote out, and don't forget to vote for Shelley Forde. BAR/BRI M wCf STUDENTS pass RJapr THE BAR 12 The Opinion September 14, 1988 �Debate on "The Last Temptation" Comes To Amherst The sidewalk in front of the new AMC theatres in the Maple Ridge Plaza bustled with more activity than I had ever seen there before. Off-duty Erie County Sheriffs, hired by AMC theatres as a precaution, circled the parking lot like impatient buzzards waiting for violence to erupt. Protesters, ranging from Jews for Jesus to the Righteous Riders (aka Bikers for Christ), confronted moviegoers in an attempt to dissuade them from seeing Martin Scorcese's new movie, The Last Temptation of Christ. The anticipated violence never occurred. Moviegoers and protesters alike engaged in that intelligently dialogue examined the benefits of dichotomous freewill and by Damon H. Scrota Layout Editor thought. But the protesters' views have been distorted through the institutional filters of television media. Interviews with some of the more vocal protesters in Buffalo portray a clearer, more thought out analysis of the parts of the film that offend them the most. One group. Campus Crusade for Christ, offered Universal Studios (the distributor of the picture) several million dollars for the rights to the film. John Mansfield, of Campus Crusade said that he was protesting in an attempt to dissuade people from seeing a movie that offends the sensibilities of many Christians. sj^r^iSjSßK^^i^"" _• Diane Galuski of Morality in Media had this to say about the movie: "God gave us all the free will to choose but he also gave some of us an ability to persuade people to believe in Jesus as the Savior." She read a copy of the script (which Paul Schrader adapted from the novel by Nikos Kazantzakis) and found it to be highly blasphem- ous. One bystander said that he read the script and thought that it portrayed Jesus as a modern day neurotic. This person saw nothing in the script that would encourage people to believe in Jesus as God. Ed Johnson, a local member of the Rigtheous Riders, saw the portrayal of Jesus as one who was tempted by sin until his death as blasphemy. I asked a person standing next to Ed if I would burn in eternal damnation if I saw the movie. He said that there was still time for me to be saved if I wanted to. I entered the theatre confident that I would survive the showing of the film. My confidence did not diminish when I found out that the cost of my soda and popcorn was three dollars and thirty three cents. If I multiply that by two I get gasp 666! As a Jew, I can't say that this really intimidated me. But I became very curious about the anger I had seen expressed outside the theatre. The movie begins with a portrayal of Jesus of Nazareth as an indecisive neurotic who doubts his own sanity. He can- /'.■■^iit'riii•' — — not tell if the voices in his head are God or Satan. It essentially depicts Jesus as a human who reluctantly accepts the divinity that God thrusts upon him. This definitely differs from the Catholic version of the New Testament which views Jesus as being divine from the moment of his immaculate conception. The movie strays many times from established Christian dogma. In the movie Jesus begs Judas Iscariot to betray him to the Romans. The Catholic version shows Judas and Jewish leaders selling off one of their own people for a price. Jeff Simon, in his August 26th review of the movie in theBuffalo you can News, stated that ". certainly understand here why the religious might take offense. It isn't so much Christ's final fantasy of a 'normal' life including conjugal sex on the cross. It's the meekness, the confusion and the ineffectually of Christ before thefire of divinity inflamed him." . . — — performances on the one hand while ignoring the masterful technical work that Scorcese and film editor Thelma Schoonmaker did on the film. thing about state intervention is mentioned. This is the purest 'marketplace of ideas' at work." Question: What did you find most objectionable about the The movie began with a curious mix of subjective and objective camera angles. The subjective shots at the beginning are choppily edited to reflect the confusion that Jesus experiences at the beginning of the film. The indecisiveness of the subjective viewpoints reflect the indecisiveness of Jesus at the outset. The movie then progresses to a point where Jesus proclaims that he is God; the editing at this stage becomes more precise and confident. protest? A movie can be interpreted as an attempt at showing all perspectives so that viewers are given a god like point of view. Scorcese does this with a deft manipulation that resonates like discordant notes throughout the movie. Simon felt that Scorcese's film ultimately failed. Simon stated in his review that "what is at fault here is the movie's essence. Embellishments on the Christian story should have a believability of their own. You simply cannot believe the leonine temper of a fearful cowardly Christ who only says great things because he's God's ventriloquist dummy." "A movie can be interpreted as an attempt at showing all perspectives so viewers are given a God-like point of view. Scorcese does this with a deft manipulation that resonates like discordant notes throughout the movie." I essentially disagree with Mr. Simon's review. Simon acknowledges the quality of photography and some of the I will leave the hallucination scene to those who want to see the movie. The scene provides a creative interpretation that deeply moved me. I found it to be a more believable story than that dictated by official Christian dogma. Some Christians in Buffalo did not find the movie morally offensive. Two Presbyterian ministers did not find the film to be blasphemous. Michael D. Schaffer, a reporter for Knight Bidder, stated in a September 3rd article that "mainstream Scripture scholars also believed that Jesus never claimed to be God. Ironically, Scorcese portrays Jesus reverentially, having him claim at least twice to be God in 'The Last Temptation." But the showing of the movie also involves some pressing legal issues as well. j»w^s^AvSt The legal implications of the movie and the protest are numerous. Suffice it to say that all forms of picketing are not protected; violent picketing and some labor pickets are two good examples. Yet almost everyone I talked to agrees that people have a right to see the movie as well as a right to protest it. I interviewed two individuals at the law school to get a better legal perspective on this matter. George Kannar, a professor of Constitutional Law who saw the movie, agreed to be interviewed about the legal implications of picketing. Question: If a picket is totally successful and nobody goes to see the movie, is that a form of Kannar: "The antisemitism among some of the protesters, although even that is still within the 'marketplace of ideas'. To persuade people in non-violent ways to stop other people from doing something is perfectly fine." Dean David Filvaroff also consented to an interview on this matter. The dean did not see the movie but did have some interesting things to say on this matter. Dean: "I would like to preface this by saying that my comments go to more general issues and have nothing in particular to do with this movie except that it gives rise to events raised in a much broader sense. I haven't seen the movie and have no idea whether it is gTeat or junk." Question: If this picket was totally effective and nobody came to see the movie, would that be a form of censorship? Dean: "Yes. In a strong social sense to preclude an opportunity to see an artistic expression or experience it is a censorship; to say this is epithetical but descriptively right. A great many ideas get censored by explicit/ implicit social, non-governmental sanctions. I'm not certain thatresult is a good idea for society. It is unfortunatethat widespread expression of ideas is so dependent on possession of very large amounts of economic resources. As a result, it is vulnerable to economic pressure." "In a sense, we lose both ways in that ideas don't get a hearing because their proponents don't have access to funds to allow them to achieve effective expression. And even if that is not the case, the exposure of ideas is vulnerable to economic retaliation." "Note that the free flow of ideas and freedom of expression includes a right to engage in responsive speech. Both the original proponents and the protesters, quite understandably, want their speech to be effective. If it is effective, in the sense of being persuasive in whatever direction, the other idea loses. We don't call that censorship, but the process often weeds out bad ideas and favors good ones." "In a perfect world, ideas would succeed or lose based on their merit. That is, their own intrinsic strength and their persuasiveness, not economic or other pressures." The legal matters are not, of course, a good reason to like or dislike the movie. When I stripped all of that aside I felt that it was an interesting movie that I would recommend to anyone who was over eighteen and had two and three quarter hours to spare. The number of protesters has dwindled, but the debate continues. THE PASSWORD: censorship? TICKETS: General Admission$10; UB Faculty, Staff, Alumni Assoc. Member, Senior Citizens $8; Tickets are available at the Capen Hall ticket counter, Buffalo State College Union ticket office and all Ticketron locations. For further information call 636-3414 26 1988 I SfiDt .7 " . ' AIUITini Ar6D3 Kannar: "No. The problem with the protesters is not that they have evidenced intent to abridge constitutional rights. All I have seen is private parties pressuring other private parties not to distribute or boycott. No- 415 Seventh Avenue. Suite 62 New York. New York 10001 (212)994-3696 (201)623-3363 September 14, 1988 The Opinion 13 �THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE INTENSIVE 1 QUESTION REVIEW: Over eighteen hours of in-class question analysis by experienced law school professors is an integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost. Q NARRATIVE TEXTS: The law you need to know for your bar exam is explained for you—not outlined —in our comprehensive texts. 3 UNPARALLELED CONVENIENCE: Preparation for the bar exams of nineteen jurisdictions is available at over 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR California Colorado Connecticut Dist. of Columbia Florida Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey New Mexico New York Pennsylvania Rhode Island Texas Vermont Virginia If you plan to practice in any ofthese jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. I nKAPLAN-SMH mmi «-<*«.. IBAR REVIEW SERVICES (800)2231782 (800)343-9188 I See your Campus Rep, orcatt J^*™ acTud. *""ffS» w-eae* " BUFFALO AREA 1330 Niagara Falls Blvd. 1 €>1987 Kaplan-SMH 14 The Opinion September 14, 1988 �Strong Dispels Myths About Desmond Moot Court The following is an excerpt of a conversation overheard somewhere in the halls of this law school: Ist Student: Wait a minute, you mean I don't get credit for it, I don't get graded on it, it's going to take up a lot of time I don't have, and it's not even required? 2nd Student: Well, yeah... And you have to get all dressed up for it, too. Ist Student: Well, why on Earth would I want to subject myself to this? 2nd Student: We11... because it's Moot Court, you know? by Peter Strong Thoughts like these ran through my head as a second year student, and I was just as likely to be the first speaker, above, as for the second it depended upon how my day was going. Why my partner Joe Rizzo and I decided to compete, neither of us really knew what was involved, or even whether it would be worth our time. All we knew was there were a lot of people talking about it in our first year, so we thought it must be pretty important. The current members of the Moot Court Board would like to address this lack of information and make the student body in general, and prospective competitors in particular, aware of our School's Second Annual Charles S. Desmond Memorial Moot Court Competition. Information about something as important as Moot Court should be available to students early in their law school careers, to make it easier to decide whether or not to compete, and if so, to plan ahead for it. With participation in Moot Court becoming more popular in recent years, the Moot Court Board is confident that this year's competition will be bigger and better than ever. What is "Moot Court?" Moot Court is a program designed to give students the — opportunity to enhance their brief writing and oral advocacy skills through competition in a courtroom setting. It is also an excellent way to meet area practitioners, as distinguished members of the local Bar and Bench, faculty and Buffalo Law School Alumni sit as judges on the competition. Participation begins with our intraschool Desmond Moot Court Competition. The Competition was named in honor of the late Charles S. Desmond, probably our school's most renowned alumni, who served for 26 years as Chief Justice of the New York State Court of Appeals. To compete, teams of two students each must research and prepare written and oral arguments for mock cases involving appeals on current issues of law. Teams then compete in oral argument through three preliminary rounds, and may advance to three final rounds, depending upon their performance. Based upon the quality of the brief, and individual performance in the preliminary rounds, competitors may be selected to receive various awards, and for associate membership to the Moot Court Board. In the spring, the Moot Court Board holds the Mugel Tax Competition, which is open to students from law schools across the country. Teams of Board members may also compete in various national and international competitions as well. In addition, last year the Board hosted the American Bar Association's National Appellate Advocacy Competition, and maydosoagainthisyear. What Can I Expect To Get Out Of It? Moot Court is a great source of practical experience. Many previous participants have said it was the single most worthwhile thing they did in law school. And as you may have noticed, a significant number of prospective employers are looking for applicants with Moot Court experience. While there are other sources of experience in oral advocacy in this school, Moot Court is arguably the most comprehensive. It gives you the opportunity to research, write and argue for your client's position to thebest of your abilities. This can, for brief moments, actually make you feel like you might be a lawyer someday. Such moments are necessarily shortlived, however, because the judges do their best to challenge your abilities and poke holes in your argument. They are exceedingly good at this. The judges also critique your argument and presentation after each round. This criticism is of a caliber which your professors could almost never hope to equal, simply because you will never try so hard to be prepared for any class in your life as you will for the Competition.And in critiquing your oral argument, these judges will be indirectly analyzing your entire work product. Particularly for future litigators. Moot Court is a great way to get your feet wet. How Will I Know WhatTo Do? Coaching. "Crack" teams of seasoned Moot Court Board members will meet you several times to keep you headed in the right direction. There will also be an organizational meeting to discuss the criteria to be met regarding the format of the brief and other technical matters, in addition to a list of Competition Rules. Scoring Briefs are scored as a team effort, by members of the Moot Court Board, although each partner writes on only one of two issues. The judges do not see your particular brief as they are given a "Bench Memo," which gives them more than enough information to give you a hard time. Each judge will grade your oral arguments, however, and these individual scores will be added to your joint brief score. The combined total of these scores determines whether you will be invited to join the Board. Parties and Meetings Competitors are required to attend theOrganizational Meeting on Thursday, September 15. There will be several parties for competitors, the first of which is also on September 15 (see schedule). As you will find out, Moot Court is a very social activity. The banquets and happy hours provide opportunities to get to know other competitors, and to socialize with local practitioners as well. While inciting local bartenders to throw you out of these parties always adds interest, no additional points will be added to your individual or team scores. But all of these gatherings are good times. Feedback The members of the Moot Court Board are open to suggestions regarding information that would be helpful to students interested in competing. So please feel free to drop a note in my box (#535) if you have any questions or suggestions for articles, and I will get back to you. Thanks. SCHEDULE for the Moot Desmond Court Competition September 15 Mandatory Organizational Meeting with Prospective Competitors (Room 108, at 4:00 p.m.) September 15 Party for Board and Prospective Competitors (Evening) September 22-23 Problem Made Available October 21 Briefs Due October 22-30 Practice Oral Rounds October 31-November 2 Preliminary Oral Rounds November 3 Quarterfinal Oral Rounds November 4 Semifinal Oral Rounds November 5 Finals and Banquet For future reference, the Executive Members of the Moot Court Board are listed below. Again, the entire Moot Court Board looks forward to meeting the participants, and to an exciting Competition. Timothy Greenan MaryJoßaczka SueGarvey Joe Rizzo Robßoreanaz Executive Director Assistant Director Secretary Treasurer National Competitions Director Student Accuses School of Complicity in Discrimination SUNY Buffalo Law School is promoting employment dis- crimination. The Judge Advocate General Corps of the U.S. Armed Forces has a public policy of employment discrimination against lawyers based on sexual orientation, physical disability, and age. Specifically, the JAG Corps refuses to hire gay men, lesbians, the handicapped and persons over age 35. SUNY Buffalo Law School's Career Development Office permits and promotes the JAG Corps' discriminatory employment policies by arranging campus interviews which require the use of CDO staff time, publications, school space, etc. This school should adopt a policy which will end our participation in employment discrimination. by Troy Oechsner Employment policies which discriminate on the basis of sexual orientation, physical disability, and age are morally wrong. In the United States we now recognize that a person's race, sex, national origin, or religion is an immutable characteristic which has no re- lation to that individual's ability to be an effective attorney. Employment discrimination based on these characteristics, therefore, is not permitted within our law. Similarly, a person's sexual orientation, handicap, or age is an immutable characteristic which has no relation to an individual's ability to act as an effective attorney. If a gay man, lesbian, handicapped, or 36 year old person is capable of acting as qualified counsel, should she be denied the opportunity to serve her country simply because she possesses certain characteristics which have nothing to dowith jobperformance? There is no good reason to support the JAG Corps policy, or policies like it. There is every reason to end ÜB's complicity in these discriminatory employment policies and practices. Besides being morally correct, ending employment discrimination is entirely consistent with established policies. First, our own "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohi- bited Harrassment" condemns "remarks directed at another's race, sex, religion, national origin, age, or sexual preference ..." as well as "other remarks based on prejudice and group stereotype ..." The UB faculty has taken a strong position against discriminatory speech. In the present case we are concerned with discriminatory employment policies. While the right to discriminatory speech is questionable, the right to discriminatory employment practices is without merit. A faculty policy ending ÜB's support of employment discrimination is likewise consistent with the SUNY Board of Trustees' resolution 83-216. The resolution forbids discrimination based on "attitudes, practices, and preferences of individuals that are essentially personal in nature, such as private expression ..." UB CDO's support of JAG Corps' prejudice against gays and lesbians violates the letter and intent of this resolution. The Governor of the State of New York's Executive Order 28 lends further support for the adoption of a policy of nonsupport for employers who discriminate. Executive Order 28 prohibits all State agencies from discriminating on the basis of sexual orientation in the provision of any service or benefits by a State agency. In recognition of the Law School Faculty's commitment to non-discrimination, we (the Nationals Lawyers Guild, Gay Law Student Association, and the SBA) respectfully submit the following proposals: 1. That UB Law School adopt a comprehensive policy of nondiscrimination, including employer recruitment practices in any way connected with this institution. This policy should expressly prohibit discrimination on the basis of race, sex, national origin, religion, ethnicity, disability, sexual orientation, age, or marital or parental status; 2. That all employers seeking to recruit at UB Law School, or in any way utilizeLaw School facilities or resources to effect such recruitment, be required first to sign a statement pledg- ing compliance with the above policy; 3. That theLaw School vigorously and conscientiously enforce this policy with respect to all employers, both public and private; and that the above be enforced to known violators (i.e. JAG Corps); 4. That there be a standing committee to review UB Law School's compliance with the above policy and that this committee be comprised of at least 50 percent students appointed by the SBA. The faculty will vote on this issue on Friday, September 16. It is time to end discrimination at ÜB. Troy Oechsner is a member of the National Lawyers Guild Steering Committee. This article does not represent the view of the editorial staff ofThe Opinion. September 14, 1988 The Opinion 15 " �yourL-2-J T^TATLAHTIC BAR ± BRI I^LJU v BAR BRI Leaves Nothing To Chance. j I The Nation's Number One Bar Review. 4154 Seventh Aye., Suite 62, N.Y., N.Y. 10001 (212) 594-3696 (201) 623-3363 160 Commonwealth Aye., Boston, Mass 02116 (617) 437-1171 16 The Opinion September 14, 1988 i � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a98b7e600ebba89478cc1738d8a437a9.pdf f7f4570e27718d644cbe4485c078da6a PDF Text Text Special Orientation Issue THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 2 August 19, 1988 Dean Filvaroff Welcomes UB Law School Glass of '91 by David B. Filvaroff For me this is a very special occasion, for it is my first opportunity as' Dean to welcome a first-year class to SUNY/Buffalo. I hope this is a special occasion for you too, for you are about to undertake the study of Law in a most challenging era. I sincerely hope and expect as you should —that your law school education will be intellectually stimulating and, indue course, professionally rewarding. But, no less importantly, I — — hope that contrary to the associated with many image law schools it will be a pleasant experience and that you, indeed, will have fun as we jointlyexplore theworld oflaw. During the last decade or so, law schools in the United States, and elsewhere, have witnessed a sea-change in legal studies. We have re-learned the lesson of our predecessors, American legal realists, that law is not an inexorable system of rules to be discovered by logical deduction. But we also have — — Student Advocates "Socratic Method' by Andrew Culbertson When it comes to the first year of law school, everyone is an "expert," and generally has a story designed to discourage or scare the future law student. In retrospect, while I realize that there was some truth to what I was told, most of it was exaggerated. Had you beensubjected to some of the stories I heard prior to my first year (as you probably have), you might have envisioned it the same way I did: as frightening as skydiving without a parachute, and about as fun as drinking laundry detergent while rolling around on a bed of nails. For the most part, this belief stemmed from one of the more notorious law school traditions: the dreaded "Socratic method." For the aforementioned reasons, my pre-law school conception of this term was a bit sensationalized. In my mind, the "Socratic method" was a practice used by the professor to keep the class in a state ofmental terror, randomly calling upon students, and proceeding to grill them on the ins and outs of a particular case(s). The number of stories I heard were endless, albeit very similar. A student is asked to stand up and recite the facts of a case(s): for whatever reason, the student is unprepared. There is a seemingly infinite period of deafening silence, suddenly broken by the rantings and ravings of the irate professor. The student slumps in humiliation as the professor questions the student's drive and desire and states, in a less than courteous manner, that he or she isn't worthy of studying the law. All in all, it makes for a very uncomfortable scene. Luckily, I never witnessed this scene. In fact,, although I was taught by seven different professors in my first year, only one of them used what might be described as a "Socratic" style of teaching. Ironically, I now wish that more of my professors had used this style, for as I learned, random interplay between student and professor is the most effective method of teaching the law. As every law student quickly realizes, the study of law does not simply entail learning a set of rules and regulations. While the law itself consists of rules and regulations, the method or means by which these laws are (continued on page 7) Second-Year Recounts 1L Experiences by Damon H. Scrota cally I cannot begin to tell you how many times I have been asked why I want to become a lawyer. It is a query that a thousand episodes of LA Law and Paper Chase failed to answer. The search for an answer became the focal point of my first semester final exam madness. A question of who I was and what I wanted to become. Mock trial was the first challenge I encountered first semester. It became a stimulus for bonding and created a comradery amongst fellow IL's. The nights following each of three mock trials were filled with drunken revelry until 4:00 a.m. and on. My student loan began to dwindle as I partied like I never had before. Yet, somewhere in that vast reality beyond, the path to finals and grades grew shorter with each dawn. A single issue magnetically forced me to respond grades, or fear of exams, or a combination of the two. Extracurricular distractions began to occupy my time as the semester magi- — whittled down to six weeks. I submitted a referendum to the Student Bar Association to change the grading system. I also researched an article for The Opinion on the history of the grading system at UB Law. I was in search of credentials for an unimpressive resume I'd left undone. The fifth week before finals marked the beginning of study group politics. A certain amount of snobbery emerged and true colors began to show. Yet, outlines were to be my key to salvation from law school hell. I finally found a study group after one kind person invited me to a Saturday study session. Fortunately, most of my fellow students knew that I did my reading because I was always talking in class. Yet this aggressive attitude was often perceived as arrogance. Heller's Catch 22 forced me to deal with people in a way I never had before. The outlines for each course in my study group were divided into halves, each contribution gone beyond the valuable legacy of legal realism. We have learned that the social sciences history, sociology, psycholhave a ogy, for example great deal to tell us about the origins and operation of legal rules and legal institutions. We are specially fortunate in having on our faculty a large number of professors who possess interdisciplinary expertise. We have also recognized that much of what is determinative in legal decision-making is rooted in social values. Law is essentially policy writ both large and, often, in detail.Those involved in Critical Legal Studies and others have made us aware of how much is indeterminate in legal discourse and how much is a product of power, politics and ideology. In addition to teaching practical wisdom, lawyering skills, covering half a course. Yet finals were approaching rapidly and outlines were not yet done. One got sick; another's pregnancy was coming to term. Deals had to be struck to stay afloat in a sea of chaos disguised as semblances of orderly law. from getting much sleep the last week. Fear of failure did not follow each exam. I was fairly confident I'd done well. I had made it through law school finals without dropping out of school. My main goal now is to maintain a self beyond the analysis. Logic without morality is like playing G-d. It's the policy behind the law that really counts. Laws are merely moral judgments made by people with viewpoints inevitably opposed by some. The law can be politics in the guise of holy words that angels sung. "I will not be pushed, filed, stamped, indexed, briefed, debriefed or number. I am a free man. My life is my own." Patrick McGoohan, The Prisoner — and social responsibility, our law school clinics offer firsthand exposure to the manner in which law operates in realworld settings and the ways in which it directly affects people's lives. This list is partial, but it reflects some of the diverse and exciting currents in American legal education. Your law school at Buffalo not only has kept abreast of progressive change in legal study but has attempted to serve a leadership role in nurturing and advancing innovation and progressive thought. Significantly, we try to do all this while emphasizing the lawyer's public service role and community responsibility. We welcome you to the Law School and wish you well. I look forward to meeting each of you and working with you during your years here and thereafter. The Paradox of Participation by Katy Armitage There are as many differences and similarities among law students as there are among all peoples and as my first year experience has taught me, the primary tenet of the "Buffalo Model" is a belief that a community of rigorous intellectual pursuit and professional commitment is best fostered through balanced social and intellectual discourse. I entered law school an avid participator, eager to question and often too quick to answer. My assertions were mostly met by interesting and valuable counter arguments that enabled me to refine worthy and abandon erroneous thoughts. And although there were many times when I felt intimidated, alienated and ostracized, I persisted and survived. I learned to embrace the "Buffalo Model." Of the many potentially alienating aspects of the first year experience, the initial and sometimes lingering terror of asserting new ideas in a new way ranks highest, yet is unfortunately too easily avoided. Participation, whether in class or in a student organization, paradoxically fosters healthy self identities which open new channels of communication, and precipitates reactionary and often unwarranted criticism from classmates. Maintaining an active participatory stance can result in egoism and elitism, as well as isolation and alienation, but is essential to the creation of true community founded on knowledge gained through honest educational dialectic. As my classmates and I approach the first year's end, it be- came more and more apparent that we had accomplished much more than a challenging curriculum we had transcended conflicts both within ourselves and amongst each ether. When we assert our ideas we extend our "selves" and the act of participation creates new vulnerabilities. But in our vulnerability we are real, and it is only this demystified self that truly learns from and honestly contributes to the unique eclecticism that is the "Buffalo Model." So please resist the temptation to sit back in silence for the sake of self-preservation as well as for that of coherent note-taking. For in doing so, you not only fail to contribute to the academic community of which you are necessarily a member, but you deny yourself the opportunity to prepare for a critical aspect of professional life: immanent involvement begins with communication, communication implies participation, and participation is above all else personal. (Suggested reading: Duncan Kennedy, "Legal Education as Training for Hierarchy" in D. Kairys (cd.) The Politics of Law, New York: Pantheon Books — — (1984).) Inside... UB Student Law Organizations Editorial Important Information .. .... 3 '4 5, 7 �§ffi\^ REGISTRATION MUST RECEIVED BY -**!*-111 ■ m wTW I mte/m ——-——■——-^——-— —*<% WITH THE }*«— h f H Jjj g 11/1/88 The Pieper Course Includes: Complete lecture series ft Essay writing hh| Multistate Practice Jf Jj|| Multistate Professional Responsibility Exam CDFn NIT U I ffih HfxP ill I 111T Law student's discount of $125 will be deducted from the cost of $995 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1988. " tV Multistate Volume Professional Responsibility >< iIUS — «/0/Z/2 iWper S ClfiQQ CilififlnrP For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 The Bar Course That Cares. 2 The Opinion August 19, 1988 �A Sampling of SUNYAB Law School Organizations Student Bar Association The Student Bar Association (SBA) Board of Directors consists of six representatives from each class, called directors, and the four members of the Executive Board. All students of the law school who meet the fulltime requirements are members of the SBA. The SBA disburses all student monies collected via student fees. Primarily these monies are used to fund the over twenty student groups available to law students. Additionally, the SBA plays a big part in the social life of the law student, having a social event once every three months. This year's Social Committee has been innovative in their social ideas and have combined new party ideas with the standard events of Law Revue and midnight ice skating. SBA has also actively represented the law students' needs to the law school and university administration. Word processing units finally made their way to O'Brian's law library and eventually a student lounge, lounge party room and vending machines may occupy O'Brian Hall. Thanks to everyone who worked with us this year to make this SBA the most active to date. Entertainment Law Society The Entertainment Law Society came back to Buffalo with a boom this year, after lying dormant for a full school year. There was a lot of enthusiasm from the students to bring more information to the law school student body. This year's highlights included local attorney Patrick Rimar speaking about the implications of sports law and WPHD's Taylor and Moore speaking on censorship. We look forward to a continued, successful futurefor the organization and urge you to attend our events. Buffalo Law Review Founded in 1951, the Buffalo Law Review is a legal periodical published by the students ofthe law school. The Review publishes analytical commentaries by students and scholarly articles by leading authorities. Reviews of recent books are also included. The Buffalo Law Review'is published three times each year. There are approximately sixty members of the Buffalo Law Review, nearly divided between equally second-year Associates and third-year Seniors Members. Associate membership on the Review is based on academic performance and the results of an annual writing competition open to all first-year students. Promotion to Senior membership is based upon service to the Review and efforts toward writing a legal commentary of publishable quality. International Law Society The International Law Society (ILS) is an organization of law students who share academic and career interests in the field of international law. It is the intention of ILS to promote student interest in international law by encouraging discussion of human rights and international disputes. Our second goal is to create a greater understanding of the relationships among nations and peoples. Since the society's inception, ILS has aimed at accomplishing these goals through such events as conferences, film festivals and international potluck dinners. ILS also provides information for law students interested in study and work abroad. All students are encouraged to contribute to this increasingly active organization. Black Law Student Association The National Black Law Student Association is designed to articulate and promote the professional needs and goals of Black law students; to foster and encourage professional competence; and to focus upon the relationship of the Black attorney to the American legal structure. A.J. Cooper, former mayor of Prichard, Alabama, founded National BLSA in 1967 at the New York University Law School with a purpose to effectuate a change in the legal system. The Black Law Student Association has over 210 chapters nationally. Nelson Mandela is the Honorary President of the National Black Law Students Association. The SUNY at Buffalo chapter of the Black Law Students attracted Association has potential law students and outstanding speakers to the law school during its annual Minority Law Day. BLSA is dedicated to the recruitment of the underrepresented minorities into the field of law. BLSA serves as a support group for minority students within the law school. The organization co-sponsors a minority orientation for newly admitted students as well as various workshops, Law Day, and a big brother/big sister program. The organization serves as a forum for expressing minority viewpoints within the law school, university and community and takes an active role in the school's legal methods program for first year law students. BLSA is affiliated with several national organizations, including the National Conference of Black Lawyers, The National Bar Association and the National Black Leadership Roundtable. Federalist Society "The Courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would be the substitution of their pleasure to that of the legislative body." The Federalist No. 78. Law schools and the legal are profession currently strongly dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it — is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, and law professors. In working to achieve these goals the Society has created a conservative intellectual network that extends to all levels of the legal community. lectual, and cultural advancement; so that each member may enjoy a life-time honorable professional and publicservice. The Opinion Founded in 1953, The Opinion is the official State University of New York at Buffalo Law School newspaper. This 2,500 circulation tabloid is published every other week during the academic year. Spanning the law school gamut of events, The Opinion reports on issues relating to students, the faculty and the community, as well as the law. A blend of legal and journalistic creativity, The Opinion has won several American Bar Association Awards. Environmental LALSA Latin American Law Students Association (LALSA)'is committed to sensitizing the legal academic and professional community to the multitude of issues concerning Latin Americans. Fellow students are encouraged to join and participate in LALSA functions which vary from potluck dinners to more formal events such as Law Day, the law school orientation and the sponsoring of lecturers. Phi Alpha Delta Phi Alpha Delta Law Fraternity, International (PAD) is the world's to encourage their moral, intel- largest, oldest and most prestigious law fraternity. Locally, the Carlos C. Alden chapter, named for UB Law School's first dean, provides "service to the student, the law school, and the profession." We are a professional fraternity which strives to provide quality educational and practical supplements to the law school diet. And, for many, we just make the everyday drudgery of law school life a little easier to bear. The purpose of the fraternity is to form a strong bond uniting students and teachers of the law with members of the Bench and Bar in a fraternity fellowship designed to advance ideals of liberty and equal justice under law, to inspire the virtues of compassion and courage; to foster integrity and professional competence; to promote thewelfare of its members; and Law Society The EnvironmentalLaw Society (ELS) is an organization dedicated to the pursuit of environmental research and education both in the law school and in the surrounding community. The organization pursues these goals through informal social events such as recreational outings and open membership parties and through more formal movie presentations and speakers' forums. ELS is particularly proud of its group research activities. In the past several years, the Society has worked on legal research projects for law profession, non-profit environmental organizations and environmental lawyers engaged in pro bono legal work. Growth in the research area is the society's primary goal in the future. The social component ofELS should not be overlooked. Besides getting people together who have common interests and goals, the Society attempts to foster an increased awareness of our natural resources and environment. Effective environmental legal representation and advocacy should be based on exposure to the beauty, complexity and usefulness of such valuable resources. Moot Court Board The Moot Court Board seeks to enhance the oral and writing skills used in appellate advo- cacy. Toward this end, the Board sponsors and administers both an intra-school and a national inter-school competition each year and sends numerous board members to various competitions around the country. Buffalo Public Interest Law Program The Buffalo Public Interest Law Program (BPILP) is a student run not-for-profit corporation founded in 1979. BPILP provides both legal assistance to public interest agencies and their clients, and valuable placement opportunities for law students. NOTICE Start the new year out with a bash by attending the first law school social event of the year. Section One of the class of 1989 invites the whole school to its first annual reunion at Charlie Bubbles on Thursday, August 25. The establishment will be having drink and beer specials all night and free food will be served. So come on out to the party and bring a friend or spouse. School identification cards must be shown to be able to join in the fun. WORD WRIGHT SHOP • Word Processing • Typing / Cover Letters • Graphics • Free Pick-Up & Delivery • Resumes Call: 652-8163 Law Review Casenote Competition Editor's Note: The following is. information about the casenote competition to be held in the Spring. It is provided to our readers thanks to Valeric Biebuyck, Editor-in-Chief of the Buffalo Law Review, for use in planning your career. To The Editor: The Buffalo Law Review, like all law reviews, is a student-run journal of legal scholarship. As the late Justice Charles S. Desmond wrote, "All of them, whether of high or low degree, have taken part in one of the endless tasks of the profession thinking about what the law is and ought to be." At our best, that is what we achieve. We publish articles by professors, practitioners, and law students on a variety of topics with the ultimate goal of contributing to and enhancing our knowledge of the law. Every year, the Review spon- — sors a "casenote competition" during which all first-year students have the opportunity to seek membership. Students may participate either during Spring Break, or after secondsemester finals. A casenote is a short, well-researched and thoughtful analysis of a recent state court decision. Eight Review editors evaluate each essay, and participants are selected to join by one of three methods. A number of students obtain acceptance through an equal weighing of grades and casenote scores. We realize that course grades often are not the best reflection of an individual's abilities, so a number of students are selected on the basis of their casenote score, alone. The third method of selection is intended to increase the representation of ethnic minorities and educationally or economically disadvantaged individuals on the Review. Some of these participants will submit a personal statement explaining the nature and extent of the disadvantage they suffer. This statement is considered by Review editors in conjunction with the other two selection methods. We have found that these means of evaluation offer the fairest chance of selection to all students who choose to participate, regardless of grades or personal background. The Review invites all students to submit articles for publication. Student articles will be considered by the same criteria used to assess other articles. We also encourage anyone who is interested in learning more about the Rewewto stop by 605 O'Brian. We would be pleased to meet you and address any questions or concerns you have in person. Valeric Biebuyck ■■■■■ Buffalo Law Review August 19, 1988 The Opinion 3 �Hyman Discusses His First Year Courses STATE UNIVERSITY OF NEW YORK AT BUFFALOSCHOOL OF LAW Volume 29, No. 2 Editor-in-Chief: Managing Editor: FeaturesEditor: Business Manager: News Editor: Layout Editor: Photography Editor: August 19. 1988 Daniel Ibarrondo Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Contributors: Martin Coleman, Jacob Hyman, David B. Filvaroff, Judith Zirin, Christopher Reo, Katy Armitage, Charles Ewing, Alan Freeman, Betty Mensch, Errol Meidinger. E) Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Words and Graphics, Inc. Editorial: Welcome Class of 1991 The warm welcome given to the graduating Class of 1991 reflects the rejuvenation of UB Law School under the administration of Dean David B. Filvaroff. Dean Filvaroff's commitment to upgrading the law school student atmosphere has trickled down. Evidence of this is the excellent work by the Orientation Committee in organizing and planning this year's orientation forthe Class of 1991. by J.D. Hyman My only wordof advice at this stage is to be patient. A professional school in a university has, I believe, three difficult responsibilities. One is to provide some assurance that its graduates will have a reasonable degree of competence in the materials and procedures with which the legal profession works. A second is to assess those materials and procedures in the light of what other areas of learning may contribute to a better understanding of their functioning and effectiveness. The third is to evaluate critically the extent to which the legal system realizes in the real world its professed ideals. You will find each of these lines of inquiry to be a major undertaking, requiring and deserving a lifetime of study. You will also find that each of your instructors is likely to be emphasizing one of these aspects of the law and its institutions, although not to the exclusion of the others. In my first year Torts class, I will be emphasizing the first aspect, but with fre- Further indication of this commitment and concern is the printing of this special orientation issue of The Opinion. For the first time, the Editorial Board of The Opinion has printed an orientation issue designed to provide incoming first year students with as much information, as time and space permitted, about what to expect in the first year of law school. This special orientation issue contains information about what professors expect from first year students in their respective classes or law school in general. It provides important information such as class assignments, book store and financial aid hours. Various advertisers have also supported and made possible the printing of this issue. We encourage you to support our advertisers when in need of the services they provide. Finally, a few students have taken the time to write about their first year experience. The Editorial Board of The Opinion hopes you find the information helpful, useful and informative. Law school can be a wonderful learning experience or a terrible one. We hope no incoming first year student has a terrible experience. Augment your legal education, and calm your fears, by getting involved with one of the numerous law student organizations that exist. We have provided a sampling of these organizations. There are over twenty organizations in the law school to accommodate your interests. These organizations provide an excellent tool to meet other students with similar interests or ideas or as a support group in your first year, upperclass years and beyond law school. We welcome the Class of 1991 to UB Law School. We are positive that your class will add to the rich and diverse atmosphere that exists at UB Law. 4 The Opinion August 19, 1988 helping you achieve some degree of competence in handling legal materials primarily in the area of the law of landlord and tenant. But I will also try to help you get a sense of the historical background from which the present law developed; we are dealing with a living system of which the past is a part. Legal Methods will cover far less material than you will deal with in your other courses. My expectation is that you will spend as much time and will master the assigned materials fully. Contents and see whether any of the topics evokes any recollections or reactions from your experience or reading. We will spend our first class session (IV4 hours) viewing a video. In my Legal Methods class, I will try to deal with all three aspects, although I will be especially concerned with the first: Legal Methods materials are: "New York Landlord & Tenant Law; Introduction to Legal Method, 1984 Edition, Kaplan & Headrick, 1987 revision, Hyman, Part I." Part I is available from my secretary in Room 522. Parts II and 111 are for sale at the Law School's bookstore on the secondfloor opposite the elevators. Thefirst class will be Monday, August 22, 3:30 4:45, Room 108. Note that the Friday class will be :200 3:15 in Room 210. For the first class read carefully pages i -vi in the materials. - - Betty and Alan Welcome Section Two The goal of providing the incoming first year students with a special introduction to UB Law School and Buffalo has been met with the involvement of various organizations, students and professors. Numerous "firsts" have been created as a result ofthe commitment and concern of the Orientation Committee. The various projects and endeavors of the Class of 1991 Orientation Committee have been augmented by the involvement of the Alumni Association, the Student Bar Association, Buffalo Law Review, the administration, upper class students and The Opinion. quent checking against the third. The book for my Torts class will be Prosser, Wade & Schwartz, Cases and Materials on Torts, Bth cd. (1988). For our first class, Monday, August 22, 9:30 a.m. in Room 106, read the Preface; examine the Table of In prior years, Betty has kicked off thefirst year by sternly requiring the contracts students to show up the first day having mastered the procedural intricacy in the great case of Hawkins v. McGee. (Paper Chasefans will recall the "Case of the Hairy Hand".) Alan, on the other hand, usually recommends total abstinencefrom all reading matter for at least fortyeight hours prior to the first class, suggesting instead long walks in the woods, meditation, horror movies, a few obligatory Mets games. This year, after prolonged and delicate negotiations, we decided to offer a joint introduction to law and law school. To give you a sense of the connection between law and everyday life, we chose a topic that is current and controversial, and prepared a new set of introductory reading materials. The basic issue is whether what is regarded as our most basic civil liberty the First Amendment guaranty of free speech protects language that is derogatory, hostile, or insulting, especially when directed at members of minority groups, or protects pornographic books or movies that depict women as sexual objectssubject to violent domination by men. We hope that these materials will serve to introduce students — to the world of law in a number of ways: the intractability of real-life problems; the modes of legal argument; and the interplay of law, morality, and social context. The materials will be distributed in class at our first meeting on Monday, August 22 at 11:00 a.m. We look forward to seeing all of you then. — The Opinion Welcomes Ist Year Students by Damon H. Scrota On behalf of the editorial board of The Opinion, I would like to welcome all first year students to SUNY at Buffalo Law School. At this point, you are probably closer to a nervous breakdown than at any other time in your life. Just takea moment right now to relax, sit down and think about whatyou are going to do with the free time you have this coming semester. The Opinion, the law school's student newspaper, is nationally renowned and has received numerous awards for excellence from the American Bar Association. This year the editorial board plans on upgrading the format and style of The Opinion by featuring articles in areas such as substantive legal issues, the law in the community, internal law school affairs as well as broader aspects of law. The staff of The Opinion consists of all the members of the editorial board and other law students who have become staff by contributing articles. A student must have three contributor credits (defined as any article that appears under a student's by-line, under an assumed by-line, or without a byline at the student's request letters to the editor, unby-lined articles on the behalf of groups and reprints do not count), and attend one layout session before they can join the staff. Students receive credit as a contributor if the article they submit satisfies the above mentioned criteria. A staff member must submit a contribution once every three weeks in order to remain active and have voting rights for editorial board elections in April. Herein lies the message of this article: give writing for The Opinion at least one shot, no matter how insecure you are about your writing abilities. We are all competent writers who have gotten this far by expressing ourselves fairly well on paper. Contributors over the years have refined and reinforced their writing skills while — having fun and meeting interesting people at the same time. All that need be done is for you to take the first step by showing up at an Opinionplanning meeting one Monday afternoon in Room 724 of O'Brian Hall. Finally, I must say that I am really enthusiastic about working on the editorial board this year. The board can provide you with excellent guidance in helping you with articles, give advice about school, or whatever. Remember, no newspaper can thrive without a dedicated source of writers to fill its pages with prose. This is an excellent opportunity for you to get something published, meet new people with common interests, and find something extracurricular to put on your resume. So get up off your couch, get away from the books for a study break, and stop by the Opinion office. I look forward to seeing you at the membership meeting in a couple of weeks. �Knowledge of Tenant's Rights Crucial for Off-Campus Housing by Martin Coleman ment, they can also contain unfair provisions. Before you sign any lease you should know that you have every right to negotiate any terms of the lease you find unfair. Some lease clauses are forbidden by N.Y. State law. These include: Clauses that automatically renew your lease if you haven't informed your landlord by a specified date that you will not renew the lease. Such clauses are legal if they require the landlord to give you between 15 and 30 days notice of the approach of the automatic renewal date (General Obligations Law section 5-905). Clauses that allow the landlord to unilaterally change terms of the lease (General Obligations Law section 5- Before you sign any off-campus lease in fact, before you even begin to look for a place it's a good idea to know exactly what a renter's legal rights are. Since renting is, after all, a business relationship, landlords un(particularly scrupulous ones) take advantage of every opportunity to increase profits. Unfortunately, this is especially true in areas where many renters are college students. A landlord in a place like University Heights may assume that students "won't know any better" if he or she includes an illegal clause in a lease or demands something that a tenant isn't legally obligated to provide. First off, there are generally three types of rental agreements: (1) written lease for a specified period of time, (2) oral lease for a specified period of time, and (3) month-to-month. The degree of protection you have is greatest with a written lease and least with a month-tomonth. If you stay past the end of your lease period you are treated as a month-to-month tenant if the landlord accepts your rent. Month-to-month leases allow either party to terminate the arrangement if at least one month's notice is given. So, for instance, if the rent is due on the Ist of the month and your landlord wants you out by July Ist, he must notify you prior to June Ist of his intent, and vice versa. While written leasesoffer you the security of knowing how long you can reside in an apart- — — • • -701). You must be allowed to enter • theapartment on thefirst day • • of the lease period, unless you sign a lease that waives this right. Don't forget that you can negotiate to remove such a waiver (Real Property Law section 233-a). A clause exempting your landlord from liability for any injuries caused by their negligence is null and void (General Obligations Law section 5-321; Real Property Law section 259-c). Some clauses seem so absurd or unfair that they run afoul of the Unconscionable Lease Law. If a clause strikes you as falling in this category, you should try to negotiate to remove it from the lease (Real Property Law section 235-c). If a landlord refuses to remove any clauses that fall underthe above categories you might take this as an indication of future problems with this landlord and decline to rent from him. There are always other apartments to rent. If you have already signed a lease with any of these provisions you should contact a Group Legal Services immediately to discuss your options. Other rights tenants have, even if not specified in thelease are: of Habitability, • Warranty which means you are entitled to a livable, safe, and sanitary environment. Failure to provide heat or hot water, or rid the premises of insect or vermin infestation are typical violations of this warranty. You may either sue the landlord in small claims court for a rent reduction, or withhold your rent until the problem is solved. If you choose the latter course of action, your landlord may then sue yo for non-payment of rent, whereupon you can countersue for violation of the warranty. Before you embark upon either course of action, you should contact Group Legal Services. Landlord's Duty • This includes to Repair. plumbing, electrical problems, etc. You should immediately contact your landlord if there is a problem. If they do not fix it in a reasonable time (you are the best August 24 Your landlord • Retaliation. may not harass you or refuse to re-rent to you because you contacted local authorities to help you with a problem that he or she was not responsive to. To protect yourself you should keep a written record of any correspondence or conversations with local officials. If a decision to refuse to re-rent or threat to evict occurs after this event, courts will generally presume that your landlord was retaliating against you. Eviction. • evict A landlord cannot you by use of force — apartment (four or more separate units), you are entitled to interest at prevailing rates on your deposit minus 1% of that interest for administrative expenses. If your landlord illegally retains your security deposit, you can initiate action. The best words of warning for you are: read your lease carefully, bargain for unfair terms, keep records of all correspondence or conversations, and contact any authorities immediately if you have a problem. OR I E NTATI O N '88 PARTY! in honor of 1988's First Year Law Students MOLLY'S PUB, Main St. near UB Main SATURDAY, AUGUST 20, 1988 ■ 9:00 pm -? All Law Students Welcome Come and kick off the new academic year! Free Pizza & Wings / Beer & Drink Specials — Professors Mensch and Freeman —Materials be distributed first class meeting. at Professor Hyman —Casebook: Prosser, Wade and Schartz, Cases and Materials on Torts, Bth cd. (1988). (Read the preface; examine the table of contents and see whether any of the topics evokes any recollections or reactions from your experience or — Room 304 - your apartment on reasonable notice, at a reasonable time. reading.) OFFICE OF ADMISSIONS AND RECORDS - to Privacy. Your land• Right lord may only enter 1. THE JUSTIFICATION OF PUNISHMENT 755-758 Regina v Dudley and Stephens 3-5 Introduction, Notes and Questions 5-9 Deuteronomy; Wilson 12-13 Hart 19-20 Packer 23-32 Leviticus; Packer; Walker; Kaplan 40-42 Walker to - noon; 2 p.m. ripped off by unscrupulous landlords. A landlord may use the security deposit only: (a) as reasonable reimbursement for damages caused by the tenant beyond normal wear and tear, or (b) reimbursement on any unpaid rent. Furthermore, if you are living in a multiple dwelling — Torts Open Daily: 10 a.m. Deposit. This is gen• Security erally how most students get Criminal Law Professor Ewing Casebook: Kaplan and Weisberg, Criminal la w: Cases and Materials (1986) (Additional readings will be assigned from a mimeographed supplement and from Low, Jeffries and Bonnie, The Trial of John Hinckley, Jr.: A Case Study in the Insanity Defense (1986). — All students will need their own copy of the text. Graduate Assistant/Financial Aid Advisor SANDRA WALLACE - of your apartment, or cutting off essential services. The following assignments have been turned in to The Opinion. Please check the assignment board in the second floor mail room for further assignments. Torts — violence, removal of your possessions, locking you out First Year Assignments FINANCIAL AID Office Hours Room 306A Monday: 9 a.m. 1 p.m. Tuesday: 10 a.m. 12 noon Wednesday: 9 a.m. 1 p.m. typically through threats of severity of the problem, and its cost to fix, you can either call your local housing officials or your local health department, or call in a repair person yourself and deduct the cost from your rent. Keep receipts. windows, BUFFALO LAW REVIEW The following individuals have been extended offers as Associates of the Buffalo Law Review for the 1988-89 academic year: LaurieAmbrose Denise Malican Alan Birnholz H. Jeffrey Marcus lan Bradford Wayne McChesney JamesBrandl Craig Mokhiber Claudia Catalano Lisa Morowitz ChristineConstantine Kevin O'Brien Michael Deming Troy Oechsner Karen Doeblin Erin Ringham PeterFarrell Alicia Rood Michael Flaherty, Jr. David Ross lan Fitzpatrick Patrick Ryan Esther Goldbas Barbara Schaus Martha Harris Ginger Schroder JohnJuers Keith Soltis Edna Torres Timothy Kaltenbach Karen Welch Brian Knauth M. Kip Welch GeorgeKotlarz John Wenzke Tracy Levinstein Jennifer Lew David Whalen Jeff Williams Kevin Maldonado judge of what is a reasonable time) then, depending on the 4 p.m. Legal Methods Professor Hyman "New York Landlord and Tenant Law; Introduction to Legal Casebook: Method, 1984 Edition, Kaplan and Headrick, 1987 revision, Hyman Part I." (Part I is available from the secretary in Room 522. Parts II and 111 are for sale at the Law School's Bookstore on the second floor opposite the elevators.) Monday, August 22 pp. 1-iv in the materials. Section 3 Property I Professor Errol Meidinger 3-12 in Duheminier and Krier Property, 2nd edition, 1988. Pp. — August 19, 1988 The Opinion 5 �Welcome Back U.B. Law Students We invite all students to a ;% C Ask The Right Questions, Get The Right Answers. | Suzanne Stadler, Kaplan SMH Area Coordinator, Will Be Here To Answer Your Questions On Monday, August 22nd, 11:00 AM -2 PM ' LEARN WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE! /I / Stanley h. IbAR L> CflL REVIEW SERVICES Head Bar Rep: Michael Lamica-Balconi The Opinion 6 - mml ill 'l\'fu' ' - I > H August 18 AND August 22, 1988 11:30 am 2:00 pm O'Brian Hall First Floor Lobby ( ■ W -v MM) ■ j / J? Buffalo Wing Fest X'''.'///i I £$&&>& FREE August 19. 1988 See your Campus Rep, or call: Ste y 1330 Niagara Fa" (across from Boulevard Mall) (716) 837-8022 B ■ jT V i I V. J �Students Encourage Participation in ABA/LSD by Judi Zirin & Chris Reo Beginning law school is much more than embarking on a new academic experience. Though the career aspirations of entering students are as diverse as the number of first years starting out in your class, you all share one common bond. This bond encompasses both classes and extracurricular activities, both intellectual stimulation and social camaraderie. This bond is the sense of legal community that you, as beginning law students, are now first being confronted with. Legal community is not simply the social and professional interaction of lawyers, but a pervasive knowledge that unites all those associated with the legal profession. Sitting at orientation and listening to speeches made by members of the legal community, as well as the academic law school community, you may be beginning to sense that, imperceptibly, the parameters of your world are beginning to shift. That, in choosing to attend law school for whatever reason, you have also chosen to become a part of something greater than your law school class, or law school itself. You may have noticed the change in others' attitudes reflecting an altered perception of you as a law student or a future lawyer. It may gratify you in terms of enhanced prestige or a new respect for your intellectual capacity, or it may anger you, seeming a pretentious basis for judging you when you are, after all, the same person. You may feel a little of both. I think that most law students have grappled with initial changes of identity wrought simply by the ambition to earn a J.D. Finding your own identity as a professional, either individually oras a part of a greater legal community, facilitates introspection, self-evaluation and coming to terms with your newly increased range of options. Often, we are not fully aware of what these options are or how we can most capably and productively assert newly discovered professionalism. For this reason and many more, inand cluding formalizing strengthening the bond of community discussed, there exists a number of professional development organizations. These include the New York State Bar Association, The National Lawyer's Guild and the American Bar Association. Within each of these groups you will not only find resources exploring social, political and economic concerns, but you will find numbers of people, practicing lawyers, professors and judges as well as other law students, forging a sense of professionalism by working together to clearly identify, develop and act on the ethics of the profession. The American Bar Association is the largest organization representing both the needs of the legal professions and of society at large, with almost 400,000 members. Approximately 37,000 of these members are members of the ABA's Law Student Division. Traditionally, the ABA has been thought of as a bar admitted lawyer's organization, yet its members are also professors, judges and law students, giving the organization the capability to represent every aspect of legal thought and legal professionalism. Law students play a unique role in impacting on thepolicies of the ABA as a whole, as they have not yet been indoctrinated into the legal profession and bring in a fresh, progressive perspective, responsible to both the needs of the profession and those of society. The stated purposes of the Law Student Division are: "To further academic excellence through participation by law students in the efforts of the organized bar in the formation and revision of standards of legal education; To achieve awareness and promote the involvement of law students in the solutions to problems that confront today's changing society; and To encourage Student Bar Association participation in the programs and activities of the Division." Law students may join any number of the ABA's 30 sections and receive the additional benefit of having access to information on the most current issues in many areas of substantive law, including environmental law, criminal law and tort law. Many students have found these a valuable resource in conjunction with their course work, as section members are kept apprised of recent developments in areas of the law they are studying in class and can utilize such information in personal their enhancing knowledge of the subject area and in bringing up contemporary issues in class and on exams. Even without joining a section, ABA members receive publications such as Student Lawyer and the ABA Journal, publications that present and discuss social and legal issues of primary importance in today's society. Additionally, publications such as these give the law student an insider's view on the workings of the legal profession, providing yet another resource and avenue for examining the legal community as a whole and evaluating your place within it. Law students, not yet law- I The UB Law School Alumni Association yers, may seem powerless in terms of effecting change within the ABA or asserting positions of the ABA, yet as a unified body, the Law Student Division is capable of both reflecting student concerns to members of the senior bar and of insuring that those concerns are represented in the policies of the ABA. In today's society, the role of the lawyer has come under increased scrutiny, and the ABA, especially within the Law Student Division, has taken steps to bring respectability and credibility back to the profession. Additionally, theLaw Student Division has addressed the needs of women and minorities, the situation of the homeless, racial discrimination and numerous other concerns. An example of a recent Law Student Resolution, approved unanimously by the Law Student Division Assembly, follows. I hope that many, if not all of you, will become members of the American Bar Association, and that you will feel free to speak with either of us about any concerns or questions you may have, about the ABA or about any other aspect of the law school experience. The Orientation Committee consists of the following: Committee Chairpersons: Melanie Jenkins Michele Eggenschiller Scott Tompsett Committee Subchairpersons: Speakers/Panels Committee Social Activities Committee Karen Hoyden Kathleen Smith Judi Zirin Small Groups Committee Erin Ringham Wayne McChesney Housing Committee Robert Davis Legal Methods/Minority Students Orientation Committee Kay Pinkney Vanessa Bliss Robin Barnes Jim Ghent Stephanie McAllister Katy Armitage T-Shirts/Promotions Committee Paul Labaki Paula Eade Pat Drmacich Information Packet Committee Marjorie Cline Printing Committee Niki Moumoulides "Socratic Method" from page applied to actual human be- havior is what constitutes the study of law. The use of the hypothetical The following lists times that bookstores are open forlaw school materials: FOLLETT BOOKSTORE HOURS (Located at Lee Entrance) Thursday, August 18 9 a.m. 5 p.m. Friday, August 19 9a.m. 3 p.m. Closed Saturday and Sunday August 20 and 21 Monday, August 22 9 a.m. 7 p.m. Tuesday, August 23 9 a.m. 7 p.m. Wednesday, August 24 9 a.m. 5 p.m. Thursday, August 26 9 a.m. 5 p.m. Friday, August 26 9 a.m. 5 p.m. Saturday, August 27 11 a.m. 5 p.m. Sunday, August 28 11 a.m. 5 p.m. NOTE: This bookstore accepts checks, credit cards or - - - cash welcomes the entering CLASS OF 1991 Law School Mimeo Materials (available in the room across from the law library): Monday Friday 11 a.m. 3 p.m. NOTE: This fine organization accepts checks only, payable to SUNYAB Law School. - Refunds/Returns must be taken to Maryann in room 521 THE PASSWORD: 41S Seventh Avenue. Suite 62 New York. New Yort 10001 (212)594-5696 (201) 623-3363 I situation, which has become a trademark of the "Socratic" style of teaching, forces the student to apply the law to different fact patterns. This, in turn, teaches the student how to use the law. At the same time, the student learns how to think on his or her feet, and becomes more adept at verbally expressing him or herself, traits that are essential to becoming a good lawyer. Forthese reasons, I believe that I would have benefited more if this method of teaching had been regularly employed in all of my classes. Although I advocate a style of teaching that places more emphasis on the development of verbal skills, I also think that a more relaxed style of teaching is conducive to easing in first year students. As a former first year student, I can't tell you how important this was to me. Not only did it promote a more relaxed classroom atmosphere, but it didn't dramatically affect the amount of verbal interaction (although I believe that a forced response is more beneficial to the student than a volunteered response that is generally premeditated), or the use of the hypothetical situation to explain points of law. I realize that there is a natural tendency on the part of the incoming first year to feel that he or she is being thrown into the deep end of the pool before learning how to swim. Undoubtedly, the study of law is often difficult at first, since it presents thestudentwith a new vocabulary, as well as a new way of thinking. However, the professors realize this, and they generally do what they can to ease the transition. As long as you dotheworkand go to class, this transition will generally occur naturally. August 19, 1988 The Opinion 7 • �5: vourL*J 8 save crrv irk BAR BR» BAR BRI Leaves Nothing To Chance. The Nation's Number One Bar Review. 415 8 The Opinion August 19, 1988 Snath A»... Salt* 62. N.Y.. N.V. l**ol (212) 594-3696 (201) 625-3363 160 CouMwultk An., Borto*. Nμ 02116 (617) 437-1171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-08-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/19/1988 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0f8355fb38397a9a66a0dcd40150c68a.pdf 9225e7a2a245e9d21a4517571f911e9b PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28 No. 12 April 6, 1988 Garvey and Chan Win Appellate Advocacy Competition by Robert Boreanaz The date was March 19, 1988 and the stage was set. In the eyes of some it may have seemed like a mismatch. On one side was the history and prestige of an Ivy League Cornell. On the law school other side was the much less expensive, public school The State University of New York at Buffalo. The two teams were competing in the American Bar Association's National Appellate Advocacy Competition regional championships. Both teams advanced to the finals by defeating teams from a fine field of law schools that included representatives from: .. .. a look of confidence. This Ivy League law student gave the appearance of an experienced litigator as he presented his point of argument. Upon completion of the petitioners' argument, it was distinctively clear to all those present that nothing less than for a fight. Sui Chan was to "bat clean up." Those of us familiar with her know she did not stand well above the podium as the first Cornell member had. Her physique would not permit it. However, Sui did indeed rise to the occasion. She argued her by llene Fleischmann Three outstanding Buffalo at- Professor Virginia Leary is back as an associate dean this semester, after an eighteen month leave of absence. She spent three semesters as the first holder of the Ariel Sallows Chair in Human Rights at the University of Saskatchewan School of Law in Saskatoon, Saskatchewan, Canada. A prominent lawyer from Saskatchewan left one million dollars to the University to set up the chair. The purpose of the chair is to provide the holder with an opportunity to do research and writing in the area of international human rights. The University took notice of Professor Leary when she was will receive Distinguished Alumnus/a Awards at the 26th Annual Meeting and Awards Dinner of the University at Buffalo Law Alumni Association. This event, which is the Association's major fund-raising effort, will take place on Friday, April 29 at the Buffalo Hilton. All alumni/ac and friends of the Law School are welcome. According to Association President Robert W. Keller, Hon. Theodore S. Kasler will be cited "for his diligence and for his conscientious service in the judiciary." Maryann S. Freedman will be honored "for her leadership by example and for her commitment to public service." William R. Brennan will receive the award "for his dedication to the profession and for enhancing the image of the private practitioner." Elected to State Supreme Court in 1974, Justice Kasler has been supervising judge for all criminal courts in the eight county Western New York area since 1978. A graduate of Canisius College, he is a member of UB Law's Class of 1953. He served as a deputy corporation counsel, city court judge, and assistant district attorney before being elected to the Supreme Court. Maryann S. Freedman will finish her term as president of the New York State Bar Association in June. A 1958 graduate of UB Law, she spent many years in private practice, then went to work as a research assistant for Buffalo City Court. She became an assistant attorney general in 1975. Since 1977 she has served as confidential clerk to Justice William J. Ostrowski of the State Supreme Court. William R. Brennan will be cited "for his dedication to the profession and for enhancing the image of the private practitioner." Mr. Brennan is a partner in the Buffalo law firm of Moot & Sprague. A graduate of Holy Cross College and UB Law, Class of 1948, he has practiced law continuously in Buffalo, where he is an active member of numerous civic and legal ortorneys a superior performance was needed from the U.B. team if they expected a favorable decision. Sue Garvey and Sui Chan most definitely felt the pressure. It was they who represented our law school. Up first was Sue Garvey. She met the challenge with no rVesitation. The judges hammered away questions and Sue brilliantly provided the answers. When she finished, the team from Cornell knew they were in point magnificently. The combined result was certainly a superior response. The bailiff then directed the courtroom to rise as the judges left to deliberate. They returned shortly to the anxiously awaiting spectators and competitors. Chief Justice Kane then announced the winners: "Sue Garvey and Sui Chan." The judges seemed pleased to learn that they were from U.B. Law School. The Cornell team felt pride in doing their best. Those Dean Leary Returns from Canada by Donna Crumlish law degree from U.B. in the eyes of these judges, attorneys and law students, and also those who came in contact with the above. The two will be representing our school in front of many more attorneys from across the nation at the American Bar Association National Conference in Toronto this summer. We wish them luck. Congratulations Sue and Sui. Three Outstanding Alumni Awards To Be Given Albany (last year's winners), N.Y.U., New York, St. John's and Tourp College. The final round commenced as the bailiff silenced the spectators and called attention to the presiding justices: Kane, Koshian and Wolfgang. Chief Justice Kane then gave the Cornell team permission to begin argument. The first of the two member team approached the podium. As his stature rose above it, he leaned forward, grasped the podium and began his argument in a stately manner. When hefinished heturned the floor over to his partner with who previously thought it a mismatch left with a sense of respect for the team members and their school. The Moot Court Board would like to thank Sue and Sui for leaving those judges, attorneys and neighboring law students with notions of respect and admiration for the U.B. law school and its students. I personally would like to thank them for increasing the value of my future on a lecture tour in Canada after a human rights mission in the Philippines. She gave one lecture in Saskatoon and later the school invited her to be the first holder of the Human Rights Chair for one year. Saskatchewan is one of Canada's most geographically central provinces. The surrounding terrain is flat rather than mountainousand the chief exports are wheat, uranium and phosphate. Because there was a lot of exporting in the area, Professor Leary says she was able to get a much better sense of internationalism that she does in this area. Professor Leary has a special The 99th Annual Commencement May 22, 1988 Alumni Arena — Betty Mensch Herald — Kenneth Joyce Faculty Speaker — Wade Newhouse Student Speaker — Mary Gennaro Guest Speaker — William M. Kunstler Marshall Commencement Committee Co-Chairs: Maureen Casey Paul Prentiss interest in economic and social rights. Canada provided an excellent case study in these areas, particularly in the area of the right to health care. Canada has a Universal Health Care Program which provides everyone in the country with access to health care. The Universal Health Care Program began in Saskatchewan in the 1960's and eventually every province in Canada adopted the system. The system is widely accepted by the Canadian people. Professor Leary attributes this to a general attitude of government acceptance among the people. She suggests that the American people are more anti-authority and want less involvement in public institutions than Canadians. This is reflected in a U.S. health care system that denies access to 37 millionAmericans. Professor Leary taught two seminars on human rights while at the University and was so well received that she was asked to continue her stay for another year. Not wanting to be away from UB for that long, she compromised and stayed on another semester. Currently, Professor Leary is involved with developing an international law program along with Professor David Engel. Areas in which they hope to create more classes are Canada, Human Rights, Trade and Cross Cultural Law. Professor Leary is presently teaching Public International Law. ganizations. The annual business meeting of the Association will be held from 5:30 to 6 p.m. Cocktails will be served at 6 p.m., with dinner to follow at 7 p.m. Classes celebrating reunions are especially encouraged to attend and will be seated together. All alumni attending Maryann Freedman One of the winners from the classes of 1928, 1933 and 1938 will be guests of the Law School. The price of the dinner, which includes an open bar, is $35 per person. Checks should be made payable to University at Buffalo Law Alumni Association, and should be sent to Jean C. Powers, 800 Norstar Building, Buffalo, N.Y. 14203, by April 19. Sponsors who helped make this dinner possible are: Manufacturers and Traders Trust Company, Ticor Title Guarantee Corporation, Barrister Information Services Corporation, Grant Appraisal & Research Division of GAR Associates, Inc.; Terence E. Barnes of West Publishing Company, and Lathan, Lumsden, McCormick and Co. Proceeds benefit the activities of theLaw Alumni Association. Thomas M. Ward and Michael Swart are co-chairman of the dinner. Serving on their committee are Robert B. Moriarity, Eugene F. Pigott, Jr., Jean C. Powers, Elaine E. Salvo and Oliver C. Young. Inside ... Work A Day in the Public Interest 2 SBA Briefs 5 Miss Social Procedure 10 .... �UB Contemporary Law Journal to Begin Publication by Sophie Feal Last Spring, through informal discussion among several law students and various faculty members, it became apparent that there existed support for an additional publishing forum at U.B. Law School. To determinethe actual need for such a publication, a survey was first conducted among the student population. The survey indicated that a vast majority of students believed that a greater opportunity to improve research and writing skills was necessary. Twenty percent of 823 students responding stated that they were in favor of another publication. Secondly, research of other law schools' pubications was done. These findings indicated that most law schools in the U.S. have secondary or tertiary journals that co-exist with the traditional law review model. The journals vary in format and length. Moreover, it was found that these alternative publications provide a positive learning ex- Oiled-Up "Dave sDemons" Lose To St. John's by Shawn Griffin On a cold Buffalo afternoon the members of Dave's Demons packed up and prepared for their six hour journey to Springfield, Mass. The long hours of intensive practice had come down to this one weekend when they would test their basketball skills against twenty other top law schools from the northeast. Without the constant analysis and storytelling from the "speaker of the house" the trip to Springfield would have been dead silent as the team mentally prepared itselffor the coming challenge. After an afternoon at the Naismith Memorial Basketball Hall of Fame, Dave's Demons met their first challenge: a strong St. John's team. At halftime the Demons enjoyed a "comfortable" 36-34 lead. (It seemed a blow-out was inevitable.) But during the second half, the "wheels came off." Four of the nine Demon players fouled out and St. Johns quickly moved into the lead. Kevin Carter made several three point shots to keep the game close but in the end, St. John's won, 82-78. We can only wonder what happened to our Demons. They were such a well oiled team the night before. (As a matter of fact, they were so well "oiled" the night before it may have blurred their performance.) What distracted the team? Was "XC" more concerned about the $6.00 entertainment expense the night before orwas he able to "tune" this distraction out? "SL" may have been anticipating the forthcoming slumber party while "DD" lost his mind listening to the play by play calls from the sideline. "JK" may have lost the motor functions in his hands while "SG" huffed down the court due to a late night breakfast. "JD" may have been worried about getting his good side on film for the fans back home. "DH" may have longed for the girl he left back home and "NS" may have longed for the girl he left at The Keg. Or was itthestirring halftime speech by "BB" that left the team breathless? At this point we can only speculate as to whether it was one of thesefactors or a combination of them all which led to the demise of our Demons. The team finished the tournament with a respectable 500 record. They have vowed to make the same journey next year in an effort to represent UB as a powerful basketball force in the northeast. The Demons would like to thank all of those who supported them in their efforts including: The Barrister Corporation; Phillips Lytle Hitchcock Blame & Huber; the StudentBar Assocation; the Law Students and especially Dean "Dave" Filvaroff from whom the team derives its name. Work A Day In The Public Interest by Karen Comstock According to the National Association for Public Interest Law (NAPIL), 93% of the poor are without access to legal services. At the same time, the number of law school graduates entering the public interest field has declined by 46% over the last 12 years. The reason for this dilemma is tragically simple: money. Society does not allocate the resources necessary to address the mot basic needs of the poor, and legal services are no exception. As Graduate Assistant for Public Careers' through the Career Development Office, I am painfully aware that Buffalo legal services agencies (Neighborhood Legal Services, Legal Services for the Elderly, Prisoner's Legal Services, etc.) are in great need of summer legal interns. I am also aware that many students express a desire to work for these agencies, but are unable to do so because the agencies simply cannot afford to pay. Consequently, only the student who can afford to volunteer (the rare individual) or who is willing to work for the low summer work-study stipend (if he or she qualifies) can benefit from the practical and rewarding experience of legal services employment. As the situation now stands, everyone is losing: the students who want to work at legal services agencies, and most importantly, the poor who rely on these agencies for basic legal assistance. The Opinion April 6, 2 But, as always, there is hope. The Buffalo Public Interest Law Program (BPILP) has worked diligently for years to raise money to fund summer internships in Western New York legal services agencies. Since 1979, BPILP has consistently succeeded in funding 3 to 5 interns each summer. Some of you have benefited from BPILP's efforts. Well, folks, BPILP activists have become more creative and ambitious than ever! This year, we are proud to announce the creation of a new program called Student and Faculty Initiated Internships (SFII). Taking the leadfrom Public Interest Law Programs at law schools all over the country, BPILP is asking the UB law school community to "Work a Day in the Public Interest." Similar fund-raising efforts have met with great success: the University of Michigan fellowship program consistently raises $25,000, UCLA raised $30,000 in their first effort, and Berkeley has increased its annual funding level in one decade from $10,000 to $90,000! The SFII pledge drive will be operating in full force next week, the week of April 11-15. Simply put, we are asking that you, students, faculty and administration alike, make a pledge to the SFII fund in an amount equivalent to one day of your salary from your respective summer or permanent job. In the case of first and second year students, we will be asking for pledge commitments now and we'll bill you in late June. For third year students, we 1988 will also ask for pledge commitments now, we'll bill you in mid-August for your pledge of the equivalent of one day of your anticipated annual in- come. PLEASE NOTE: Every pledge accompanied with a minimum $20.00 (cash or check) down payment immediately entitles the donor to a FREE "Work a Day in the Public Interest" TShirt!!! These T-shirts are the same high-quality cotton as those memorable UB Law T-shirts we sold last semester (the palm tree, remember?). The faculty and administration have been very responsive to preliminary outreach form BPILP solicitors. Dean David Filvaroff has the proud distinction of being our first donor (see accompanying letter of endorsement). Coupled with sizable donations from faculty members Steinfeld, Robert Victor Thuronyi, Betty Mensch and Alan Freeman, sufficient funding for one complete internship is virtually in the bag. Since our faculty solicitation has just begun, we are confident that many more generous contributions will follow. Many law students haye the fortunate opportunity to make a very comfortable salary at the employment of their choice.We all have varied interests and career goals. Yet I have found that, for the most part, the law school community shares a recognition of the economic realities of society and has compassion for the plight of the poor. continued on page 4 perience for those students unable to meet the requirements of law review. The result of these investigations was the Buffalo Journal of Contemporary Law (BJCL). Initially, the BJCL consisted of an informally organized group of students. Later, the group was recognized as an official student organization under the SBA, and obtained a charter grant. More recently, the BJCL has obtained funding and office space (O'Brian 7B). The BJCL seeks to provide law students with an additional opportunity to refine research and writing skills, to contribute to legal scholarship, and to acquire editorial, publishing and organizational skills. The Journal will encourage the "Buffalo model" vision by operating with less restrictive membership admission policies, and by fostering interaction between the legal profession and other academic disciplines. The working committee of the BJCL has called upon the students and faculty of theLaw School, and other departments, to submit articles for publication in the first issue. This issue will contain three to four articles. Due to resource and time constraints, this particular issue will consist of a collection of articles concerning different legal topics. It is hoped that in the future, each issue will having changing symposia, and that the articles will address various aspects of the chosen subject. The target date for publication has been set in late April. The Journal encourages students who are interested to participate in editing and proofreading. If you are willing, please contact Colleen Blair, Box #624, orLidwyn Brokx, Box #323. Thus far, the organizational structure has been relatively informal. However, for future publications, the BJCL will recruit members based on a writing sample and statement of interest. The emphasis will be to recruit students who are able, willing and interested in doing the work. UFW Rep Speaks at UB Advocates Grape Boycott by John J. Bonazzi A presentation was given on Monday, March 14, by Arturo Rodriquez, a representative of the United Farm Workers (UFW) regarding a boycott on grapes being organized by the UFW. Table grapes are being boycotted due to the failure of the grape industry to take measures to lessen the amount of pesticides, one-fifth of which cause cancer, as well as to provide for the health and safety of agricultural workers. The presentation was part of the table grape boycott campaign, and featured a 1986film on this subject entitled "The Wrath of Grapes," which detailed the history of the farm workers and the danger posed by the deadly pesticides used. The UFW has three major demands that they wish implemented through a marketing agreement with the grade industry: 1. A ban on the five most dangerous pesticides used in growing grapes, which cause cancer and birth defects (Captan, Parathion, Phosdrin, Dinoseb, and Methyl Bromide); 2. A joint UFW/grower test program for poisonous residues on grapes sold in stores, withresults made publictoconsumers; and 3. Free and fair elections for farm workers and good faith collective bargaining. Mr. Rodriquez stressed that pesticide poisoning and other problems exist with other produce. However, grape growers are the most powerful lobby, which leads opposition to effective enforcement of farm labor laws. As a result, only grapes are being targeted in this boycott. The UFW believes that a powerful boycott will bring grape growers to the bargaining table, where a marketing agreement on free and fair elections, good faith bargaining, and the marketing of grapes can be reached. Farm workers can then insist that grape contracts include a ban on the use of the five worst pesticides. The UFW in 1975 finally got passed the Agricultural Labor Relations Act (ALRA) after 10 years of lobbying. ALRA supposedly gave to California farm growers the right to free and fair elections. However, according to Mr. Rodriquez, Governor Deukmejian is the recipient of heavy contributions from the $14 billion per year agricultural industry. As a result, he has significantly lessened the impact of ALRA and other similar legislation. For instance, five regional directors of state enforcement agencies were recently fired. Workers complain that each time they are successful in forcing a vote for a union, the employer simply fires the entire crew, or calls the Immigration Service to have them deported. Every year, more than 300,000 farm workers are poisoned by farmland pesticides. Three hundred million pounds ofpesticides were used in 1984. The California Department of Agriculture recently found residue of Captan and 10 other pesticides on grapes they sampled. In addition, the UFW also alleges that when pesticides are sprayed from the air, most of it drifts from the intended farmland, often for miles. Only a small percentage actually hits the intended crops. The UFW has labeled this a chemical time bomb which threatens the health of both workers and consumers. More importantly, they charge that the airborne pesticides are responsible for health problems which neighboring communities are currently experiencing. Mr. Rodriquez pointed to McFarland, California as an example of this. That community is surrounded by farmland, and has been rocked by the sudden onset of cancer in 17 children. Six have died to date. Mr. Rodriquez asks that consumers pledge to honor the table-grape boycott, contribute to the boycott campaign, and tell friends and clubs about the boycott and oppressive farming conditions. �Harvard Denies Tenure Track to CLS Professors by John J. Bonazzi The Critical Legal Studies movement at Harvard Law School was dealt a blow on March 10, 1988, when Harvard University President Derek Bok declined to recommend tenure to professor Clare Dalton. This move, the second of its kind in the past year, has ignited a firestorm at the ivy-covered school, further dividing theLaw School's faculty and provoking outrage among faculty and students alike. Critical legal studies is a school of thought which asserts that the legal system's appearance of neutrality is a cover for systematic bias in favor of the rich and powerful. Dalton, 37, is a feminist whose interests center mainly on women, medicine and the law. She has primarily taught contracts, torts and legal history for the past seven years. Dalton claims that gender discrimination and political ideology are the bases for Bok's decision, and has accepted a two-year appointment at Northeastern Law School while she fights her tenure denial from Harvard. The faculty has been divided for a number ofyears, with leftleaning faculty members pitted against more conservative professors. The division deepened last spring, when the conservative faction put through a rule change which requires a twothirds majority vote to be granted tenure. That faction is often accused of using this rule to block tenure for scholars with whom they disagree politically. Indeed, Daniel Tarullo, a leftist professor, was denied tenure despite having 29 positive votes to 20 negative votes four short of the necessary two- thirds majority. Since Tarullo's vote, two professors, Dalton and David Trubek, have received the requisite two-thirds vote, but have had the faculty recommendation reversed by Bok. These reversals have gone unexplained by Bok and Law School Dean James Vorenberg. In a letter sent to all faculty, Bok announced that an outside committee appointed to review Dalton's scholarship met for seven hoursand "these deliberations resulted in a consensus that the record was not sufficient to merit tenure." The committee included Archibald Cox, Harvard professor emeritus, U.S. District Court Judge Robert Keeton; Connecticut Supreme Court Chief Justice Ellen Peters; Anthony Kronman, chairman of the appointment committee at Yale Law School; and Harry Wellington, former Dean of the Yale Law School. This CLS debate has become so bitter that the National Law Journal has characterized it as turning the Harvard Law School faculty into "the Beirut of legal education." The American Association of has Professors University agreed to investigate, as they have already found preliminary indications of violations of academic freedom and due process. In addition, the American Association of Law Schools has been asked to investigate. Robert Gordon, a Stanford Law School professor and a leader in the CLS movement, spoke out against Dalton's tenure reversal, expressing surprise and calling on Bok to explain the reasons for his decision. Gordon, presently teaching at Oxford, sent a letter signed by and career commitment which would indicate that they would be effective as public interest lawyers." CUNY is dedicated to the public interest. As a result, only a small percentage of the students are interested in the private sector or going into private practice. Carmen Encarnacion, a firstyear CUNY law student, commented thatstudents are under a great deal of pressure despite rumors of a non-competitive environment. CUNY students are not required to take examinations in the traditional sense during their first semester. They work in groups called "houses" which are simulations of law firms where students work cooperatively. Exams are required the second semester on a pass/fail basis and students are able to take the exams as many times as necessary to meet the requirements. They are also evaluated by the professors on a scale of one to four. According to Encarnacion, CUNY's accreditation problem is mainly due to Queens College's bureaucratic domination of the law school. Marcus agreed with this observation and noted that as a result of the low bar passage rate Queens College gets "cold feet" and begins to question whether or not the law school should continue using a non- traditional teaching approach. Thebar passage results ofthe first graduating class were not high. Moreover, on the second attempt the percentages increased from 35 percent to 70 percent. The passing rate of the second graduating class was 30 percent. After these results Queens College officials became concerned. Marcus noted that an important question which needs to be asked is whether it is important to give people a legal education even if they end up being community organizers doing things other than practicing law. Arguably, she said, it may be counterproductive for an educational institution like a law school, even if it is dedicated to social change, to take in large numbers of students who may not pass the bar. This year was the first time faculty, who designed the curriculum, came up for tenure. It was also the first denial to everyone of reappointment. Marcus stated thatwhat the administration decided to do was identify the teachers as the source of the students' failure to pass the bar, and to say that the bar results simply reflected the inadequacy and ineffectiveness of the faculty or teachers. "The University administration is using barpassage results as the surrogate or measure of teacher effectiveness despite high student and professor evaluations of the tenured professors." As a consequence, Marcus explained, morale problems have been created and CUNY faculty are faced with the dilemma of selecting between their scholarly work or working with the students and risking tenure. "There is nothing more demoralizing than giving people that choice," said Marcus. Two professors that were tenured upon reappointment ironically had a more "traditional background" in contrast to those who were denied tenure. This decision to select professors based on traditional criteria, such as publishing, seems to contradict the progressive ideals of a non-traditional legal education for which CUNY is known. She noted that this is also demoralizing "because CUNY's goal was to be fully accredited in a short time and now they have to convince students that they are a law school in good standing." Another problem that exacerbates the tenure dilemma arises from CUNY's lowered morale. Faculty may decide to leave, and it may become difficult to recruit students. Professor Marcus commented that "lowered morale in the faculty cannot help but affect the student body." This issue is also tied to the accreditation of the school. Presently, CUNY is provisionally accredited. Marcus' understanding of what happened as a result of non-reappointment of faculty members was that CUNY withdrew its application and is going to wait a few years to reapply. — 200 law professors and deans to the two above associations requesting probes into the adverse decisions being given to CLS scholars in general and at Harvard in particular. The letter warned that a new version of McCarthyism could arise when "surreptitious attacks on colleagues with whom one has intellectual and political disagreements" are condoned. Dalton has filed complaints with the Massachusetts Commission Against Discrimination and the federal Equal Employment Opportunity Commission. Students responded to Bok's action with shock and disappointment. Student activists had staged a rally for Dalton last year, and are planning a meeting to organize a new round of protests. Progressive CUNY Faces Accreditation Problems by Maria A. Rivera As a progressive law school, CUNY has fostered non-traditional methods in its legal education. CUNY has had two graduating classes; however, serious problems exist in obtaining full accreditation and many graduates are failing the bar. Why hasn't CUNY law school received full accreditation? Professor Isabel Marcus, formerly a professor at CUNY, has expressed several concerns about their accreditation. While a professor there, Marcus was asked to set-up the second year curriculum. She recalled that "CUNY was an extraordinarily exciting place to be. It was intense, passionate and full of the most incredible desire of students to learn." Students were clearly there to obtain an education. The student body, she added, was also diverse. Fifty percent of the students were women and 30 to 35 percent were men and women of color. CUNY's low bar passage rate has been attributed to its nontraditional admission policy. As expressed by Marcus, "One of the problems for CUNY's low bar passage results is that CUNY is committed to admitting students who on the basis of a formal record may not look like they qualify in the traditional sense ofthe term but who demonstrate the kind of educational promise and prior work Marcus feels personally involved and dreadful of what is going on: "I have good friends there and I have met some of the most intelligent and exciting students at CUNY. Yet, I know from my own scholarly work that this is not unusual that a reform institution gets trapped in a mainstream situation." In comparison to the Buffalo model, Professor Marcus commented that most CUNY students come from impoverished backgrounds and require more assistance on writing skills. "I don't think this is an insurmountabletaskand I don'tthink CUNY is easierthanBuffalo. For professors it is much more exhausting, because of student evaluations, than the more traditional law school," Marcus added. But Marcus is hopeful and idealistic, and wishes that the forces of tradition will not predominate and preempt educational reform. "CUNY represented reform efforts for a lot of us. To have an institution become anotherthree-year bar review course in New York City would be tragic, but there is only one CUNY." — by Kyle Maldiner Commentary SBA Should Trust Dean To Act On Position Paper The SBA has spent a great deal of time and energy in developing a position paper on many assorted topics to present to Dean Filvaroff in an effort to advise him on areas that are of concern to students, to "steer (him) in the right direction." Or at least that was the announced purpose. The recent reports coming out of SBA meetings and published in the most recent edition of The Opinion indicate that there is some support for sending the report to various outside organizations, particularly the Erie County Bar Association, the Alumni Association, SUNY Trustees, and "others to be named later." The reasoning for doing so is flawed for several reasons. Submitting this report to the Erie County Bar Association, et al., is a subtle way of putting pressure on the Dean to react to the suggestions. Is this any way to develop a mutually respectful and trusting relationship? The message we are sending, to the Dean and others, is that we don't have any faith that the Dean will respond in a satisfactory manner to our report. If we want to be treated like responsible people whose opinions should matter, we must act like responsible people. The proposed mailing of the SBA report to various outside interests is not responsible. I am reminded of student antics last fall and spring, when the campaign was preventing those "fancy" downtown lawyers from selecting our new Dean. Well, they didn't. The selection of the Dean was based on the consensus opinion of many people. Now, some of these same people who were afraid of the influence of the "fancy" lawyers want to invite the "fancy" lawyers in to hear our concerns. Does anyone think for a minute they will necessarily agree with the entire SBA report? It may be detrimental to the efforts of so many, who worked very hard to prepare this report, to distribute it willy-nilly to some of the groups mentioned. Another reason for thinking twice before this report is distributed is that some of the ideas presented aren't exactly original. Bear with me while I briefly rehash old history. As student representatives to the Dean Search Committee, Jim Hayden and I surveyed all the law students as to what the top 2 or 3 priorities of the new Dean should be, in order to better represent the students' interests while we served on the committee. Of all the students who responded, one said "remodelling) the basement" should be a priority. One said to "improve the 'physical condition' of this law school," and one student said "make the law school building more attractive inside for students." No one specifically recommended that we have a lounge for students that would be something more than we presently have. On the contrary, the first time I heard mention of this idea was when Dean Filvaroff originally visited the law April school and had an opportunity to view our facilities. During an interview with then-candidate Filvaroff, he expressed concern over the lack of an informal meeting/mingling place for students and faculty alike. I am confident that he continues to make this a high priority on his agenda. I was, and continue to be, encouraged by Dean Filvaroff's concern for the plight of ÜB's law students. The best way to insure this concern is sustained and mutual respect is allowed to grow is to step back from the SBA report at this time. Once the Dean responds to the report we will be in a far better position to evaluate whether other parties should receive copies of this report, and why they should receive it. 6. 1988 The Opinion 3 �Work A Day in Public Interest Yet I have found that, for the most part, the law school com- munity shares a recognition of the economic realities of society and has compassion for the plight of the poor. Not everyone is interested and/or able to work in the the public interest. The SFII pledge drive gives you the opportunity to support a worthy cause by pledging just one day of your income, a donation that seems manageable, and that puts the commitment you are asked to make in perspective. So please, when you see BPILP volunteers behind our pledge table next week, or when you are personally approached by a solicitor (who is required to make a pledge before asking you to commit), be generous. Now everyone can begin to win, and you'll be sporting the classiest T-shirt you ever bought! Dear UB Law Students, Faculty, and Administration: As the only state law school in New York, we have a special responsibility to support and stimulate work in the public interest. I am especially pleased to tell you about a new public interest program to be initiated by our law studentsthis spring. Student and Faculty Initiated Internships (SFII) will fund UB law students in summer public interest jobs in the Western New York area. Creative financing will make possible a significant increase in the number of UB law students working in the public interest over the summer. It will be a happy supplement to our own law-school funded fellow- . cont. from page 2 ships which began this sum- mer. The fellowships will be funded by UB law students aggregating a day's worth of their summer income, or in the case of graduates, a day's worth of their expected annual income. Faculty will also be asked to make a similarcontribution. We know from the experience of schools like Michigan, UCLA, Harvard, Yale and Boalt Hall, which are among the dozens of schools which started SFII, that contributions can easily add up to $40,000, and some programs fund as many as 35 students. All of the contributions to SFII will be used to help support UB law students in summer public interest efforts. The concept of devoting a day's worth of your income seems manageable and helps put the commitment you are being asked to make in perspective. I hope you will find satisfaction both in increasing the public interest effort in law, and in helping some of your friends and colleagues in this community to work in the public interest over the summer. As I join in making a personal commitmentto support theSFII drive, I want to thank the UB law students who have demonstrated special creativity, commitment, and enthusiasm in their leadership. They hope that each of us will have the satisfaction of helping begin a program that will become a natural part of the lives and commitments of members of the UB law community for many years. Sincerely, David B. Filvaroff Dean � SBA EXECUTIVE BOARD ELECTIONS � Elections for the offices of: President * Vice President * Secretary * Treasurer of the Student Bar Association will be held on: APRIL 20 & 21, 1988 All students interested in running for any of these offices may pick up petitions outside of the SBA office (O'Brian 101). Petitions must be returned to the SBA office by 5:00 p.m. on Monday, April 11, 1988. Personal statements must be submitted to The Opinion no later than 4:00 p.m. on Tuesday, April 12, 1988. The Cambodian Students of State University of New York at Buffalo are pleased to announce a guest appearance by □ DITHPRAN □ whose story of survival during the reign of genocide and terror in Cambodia during 1975-79 was told in the movie "THE KILLING FIELDS" 1 to 5 p.m. — SUNY Buffalo, Main Campus, Butler Auditorium April 23, 1988 □ □ □ THE PROGRAM AGENDA WILL INCLUDE: Literature Display. 1 - 1:20 p.m. Introduction and showing of "The Killing Fields," 1:30 - 3:30 p.m. Talk by DITH PRAN, questions and answers, 3:30 - 4:30 p.m. There is no general admission. The Cambodian Students at SUNY Buffalo regard Dith Pran's story as a powerful expression oftheir yet untold experiences as children in "The Killing Reids," and wouldlike the storyto reach the widest possible audience. Your contribution to this event, no matter how small, would be appreciated. All funds collected will be applied to a small honorarium and travel expenses for Dith Pran, as well as for overhead costs associated with Dith Pran's appearance and the showing of the film. If you wish to contribute, please make your check payable to The University at Buffalo Foundation Inc. and mail it to Charles L. Bland, Division of Undergraduate Academic Services, State University of New York at Buffalo, 106 Norton Hall, Amherst, New York 14261. Any questions may be referred to Dr. Bland, home phone 631-3193; office phone 636-2450. JKBAR/BRI STUDENTS wSair pass THE LjDi BAH WV 4 The Opinion April 6, 1988 �The "Right" View .. . . by Kenneth Neeves UB's Q-Train Engineers Lack Intellectual Foresight by Kenneth D. Neeves Several years ago Dean Paul Carrington of Duke University Law School compared the training of lawyers with the training of riverboat pilots as characterized by Mark Twain: "Twain, the cub pilot, attempted what generations of law students have attempted, to assimilate an enormous mass of detailed information. And, like law students, he came only gradually to the full realization that his subject was elusive as well as complex, that no amount of sheer memorization of information would ever be enough to make him a good pilot. "And of course one proper response to such a condition is to perpetuate the enterprise of study, to try to keep learning the fugitive subject." So Twain describes how the bigger boats often carried supernumerary unpaid pilots whose own boats were being refitted or repaired; they traveled 'to look at the river,' to refresh knowledge of transient marks and channels. Their training had at least provided them with a framework of understanding that enabled them to relearn the river as it changed. "Indeed, Twain noted, a welltrained pilot could even assimilate entirely new data quite rapidly; he tells ofHorace Bixby mastering the intricacy of the Missouri river with a single preparatory trip. We doubtless share responsibility for providing similar framework adequate to permit our students to become their own teachers." In short, Dean Carrington viewed the law school as a place where learning carried the highest value. This value would then be carried with the student as he or she ventured into the river of law. The law school, then, should be an intellectual community; one where knowledge and reason prevail over emotion and unreasoned reaction. If one were to read theBuffalo Law School "Bulletin" it would appear that U.B. strives to attain this type of community. "The relaxed style of the faculty carries over to the students. Many are delighted to find a strong HODGSON R CI 3 3 ANDREWS WOODS & GOODYEAR We Invite You To A Reception To Discuss The Opportunities Available In Buffalo For Developing An Exciting, Sophisticated And National Law Practice. . camaraderie and supportiveness among their peers [F]aculty emphasis on the process of legal reasoning encourages intellectual growth This is one of the major pluses of the law program. At the same time, the congenial atmosphere is not achieved by sacrificing intellectual depth and rigor." The prospective U.B. student, then, expects a unitary institution where students and faculty alike navigate something akin to Paul Carrington's intellectual river. The actual student is likely to see something different as he or she looks out the windows of the 'Q' train. Indeed, it is difficult even to discern if the engineers of this train have a destination in mind. Our new dean, who comes to us from far away (after many years of searching), has a "high Remember, please respond by Tuesday, April 5. c/o Career Development Office Room 309, O'Brien Hall — SBA Briefs hell with intellectual merit, everyone should have a seat on the sixth floor. If there is a common thread to these concerns, it is not knowledge and reason. It is a pervasive infatuation with the trivial and the ideological, which sometimes coincide. This is in contrast to Dean Carrington's view of what a law school should be. Rather than a community of scholars, we have a group of between eight and nine hundred people making a poor attempt at coexistence with no overriding common goal. The possibility exists, of course, that this represents the aspiration of the law school to be an anti-intellectual community. It would then be left to an "outsider" to question which of the Buffalo model and the Carrington view is more desirable. . — . . by John Williams Apathy at Law School Is Shocking Approximately one-third of the law school population stands to lose a large portion of its financial aid, and most don't seem to care. I was amazed at the small number of students who attended the meeting at which Dean Filvaroff discussed the possibility of SUSTA being cut. What was even more shocking was the fact that only three students volunteered to help with the letter-writing campaign. It seems to me that students, especially those who are going to be most affected by the cuts, simply don't care. This attitude can be attributed to several things: 1) apathy; 2) unaware- ness; and 3) stupidity. This student body, as well as most other student bodies, is plagued with apathy. Under normal circumstances apathy is found in theformof non-participation in school events or by not filling out simple surveys, e.g. grades orcourse selection. For students to be apathetic about trying to save SUSTA is disturbing. Although we all may not receive SUSTA, our entire student body will suffer if this aid is cut off. If SUSTA reflects a third of our students, you will eventually look to your left and right and won't see one of your friends around here I would like to attribute the lack of support for saving SUSTA to students being unaware of the potential ramifications of the proposed financial aid cut. Hopefully it is this lack of understanding that has caused minor particpation from the student body. In the end I think stupidity has most likely played the biggest role in this fiasco. Most of the people who are going to be affected by these cuts are mature enough to realize that the cuts are pending. Those of you who chose not to do anything about it havecommitted a stupid act. next year. America Is Guilty As Charged by Martin Sanchez-Rojas For the past seven years the United States government, through the CIA, has been waging a war of aggression against Nicaragua in an attempt to crush the popular revolution of 1979. The contra forces have been compelled, forced, tricked and payed into fighting a war against the Nicaraguan people. The Nicaraguan people do not want war but are willing to go to theends to prevent a government created out of the former servants of Somoza from coming to power. Now President Ronald Rea- Wednesday, April 13,1988 At The Buffalo Marriott 4 p.m. - 6 p.m. priority" of establishing a student lounge. The student leaders see a compelling needtoget the undergraduates out of the library. The faculty, despite the Bulletin's emphasis on congeniality, maintains that there are some things we simply cannot talk about. At least one student organization sees its role as promoting worldwide justice by getting rid of the U.S. military while embracing the P.L.O. Perhaps this is not a totally "fair" view of the law school community, but it is supported by a look at the last issue of The Opinion. It includes the presentation of several student lounge proposals. Following these is a complaint that 'our grades don't get posted quickly enough.' And, of course, there is a recurrent call to "democratize" or "collectivize" the Law Review. The message is clear to gan's vision of a viable solution has been initiated. Over 3,000 military soldiers and their sophisticated weaponry have been sent to that "democratic" republic of Honduras at the "request" of Presidente Azcona. How much more illegality can the citizens of this great "constitutional law-abiding democracy" take? The United States has been a partner to crimes that have shaken the foundations of international law and human decency. It has not acknowledged the overwhelming opinions of its own people to stop this useless and senseless war on the poor and proud people of Nicaragua. It has gone beyond risking the condemnation of the people on this planet, because it has already been condemned. The people of Nicaragua simply want to be left alone. Their revolution will not fail as long as the contra terrorists persist. On June 27,1986 the International Courtof Justice, the highest judicial body in the world, ruled that the United States government was in violation of international law in its policy toward the of Republic Nicaragua. Among the Court's findings were the following: 1. The United States government is guilty of eight separate attacks against the Republic of Nicaragua in violation ofArticle 2 section 4 of the United Nations Charter which prohibits the threat or use of force against the territory of another state. 2. The United States government is guilty of training, arming and financing the "contras" in violation of Chapter IV, Arti- cle 18 of the Organization of American States which says that no state "has the right to intervene, directly or indirectly, for any reason whatsoever, in the internal or external affairs of any other state." 3. The United States government is guilty of mining the harbors of three Nicaraguan ports and imposing an economic embargo in violation of the 1956 Nicaragua-United States Treaty of Friendship, Commerce and Navigation. According to the United States Constitution, Article 6, Section 2, all treaties made by the authority of the United States are supreme law of the land. Therefore, the United States government is guilty of violating the United States Constitution. The Supreme Court of the United States has ruled that every individual citizen is personally bound by all treaties made by our government. Therefore, WE are legally responsible for upholding said treaties. The Nuremberg principles, originating out of allied-sponsored international military tribunals at the end of World War 11, clearly state that individuals have international duties which transcend the national obligations of obedience imposed by the individual state. Nicaragua is but one of the many victims of the CIA. The people of Chile and Allende were victims; the people of Guatemala and Arbenz were victims; the people of the Dominican Republic and Bosch were victims; the people of Brazil and Goulart were victims; the people of Angola and the Azanians of Mandela's land are victims. Will this new excursion to Honduras by the United States create new victims: U.S. soldiers and their families? The CIA and the United States government are guilty as charged. April 6, 1988 The Opinion 5 �opinion SBr STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 6, 1988 Volume 28, No. 12 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Joseph Conboy, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Jeff Markello, James McClusky, Pat Miceli, Kenneth Neeves, Alexei Schacht, Damon Scrota, John Williams. Contributors: Robert Boreanay, Sophie Feal, llene Fleischmann, Shawn Griffin, Kyle Maldiner, Maria Rivera, Martin Sanchez-Rojas, Martin Schwartz, Fiona Smyth-Horch. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. strictly prohibited Composition and Design: Words and Graphics, Inc. Editorial World Hunger is Still An Issue "How can you say you are not responsible? What does it have to do with me? What is my reaction? What should it be? Affronted by this latest atrocity. Driven to tears ..." — Sting It takes a total of perhaps fifteen minutes to order and consume a fast-food meal. In that short span of time over 300 people on this earth will die of hunger, three-quarters of whom will be children under the age of five. Over the course of a day 35,000 people will die of hunger, in a week almost a quarter of a million. World hunger seemed to have slipped from the focus of our concern once the uproar surrounding BobGeldof's 1985 Feed the World crusade died down. But world hunger, although out of the spotlight, has not seen a decrease in percentage or in actual numbers since long before the 1984 famine which devastated northern Africa and which was the starting point of Geldof's campaign. A group at UB is hoping to bring world hunger back into the spotlight. The World Hunger Interest Group (WHIG), although only a year old at ÜB, is already taking steps to both educate about world hunger and try to alleviate it. Currently the group is planning a fund-raiser for April 16. Volunteers are needed to seek out at least $10 in hourly sponsorships and then work in teams on various clean-up activities around the University Heights Community. The event is called "Pride in Buffalo" and will take place from 1-4 p.m. Half of the money raised will stay in Buffalo to fight hunger and homelessness here. The other half will go to the National Student Campaign Against Hunger to fight hunger worldwide. Several law student teams could raise a great deal of money for a crucial cause, and the event would be a prime way to burn off pre-exam anxieties. If anyone is interested in forming a team, please contact The Opinion or student organizer Greg Towne (636-2375). This would be a great chance for the law school to interact with the rest of the university. WHIG is also planning to sponsor an information table on April 21 and 22 on the ground floor of Capen Hall. Volunteers are needed to person the table and anyone who is interested may contact Ann Hicks at 636-2807 or Father John Zeitler at 688-2123. The convenor of WHIG is Dr. Allan Canfield, an undergraduate advisor and former law school assistant dean. He encourages all students, faculty, staff and alumni to become involved in these and other efforts to end world hunger. Bob Geldof, in his autobiography Is That It?, makes an impassioned plea: "Everyone can do something. No matter what you do, you can do something. Use your talent, your circumstances, anything. There~are millions dying in agony. How many more children will you let die in your living rooms before you act?" Please think about these words the next time you sit down to a meal, or the next time you find yourself describing your appetite as being "starving." You're not, but you can do something to help people who are. Page six The Opinion April 6, 1988 ThOepinoMailbox SUSTA Not An Issue For SBA To The Editor: The March 16 Opinion editorial states: "Earlier this academic year a letter-writing campaign sparked debate over what is 'political' and many people disapproved of the use of student funds to finance political activities with which only a portion of law students agreed. A letter-writing campaign is in the air again, but this time the cause is one with which no one should disagree." It is unclear whether through use of the permissive "should" the editors are simply issuing a moral proclamation, but the fact remains that there are students who affirmatively support the cut in SUSTA aid. This may be the reason one SBA senator voted against the campaign. These students have paid compulsory student fees which are being used to lobby the state legislature for ideas they oppose. I take no position on the SUSTA issue, but strongly object as a matter of principle to the use of SBA monies to lobby the legislature to promote spe- cific legislation. As Thomas Jefferson has said, "To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical." Law Women" Lambasted "UB Dear Editor: It has been 15 years since I wrote my last "letter to the editor," but I suppose every 15 years my sensibilities are offended sufficiently to motivate me to respond to something printed in a newspaper. I found the response to Phi Kappa Theta's vulgar party announcement in the March 16 issue of The Opinion to be equally as vulgar. I am a UB Law woman, and I do not endorse a "Drink Until He's Not a Sexist Pig" party, nor was I asked if I wanted to endorse this party. I find this particular fraternity's antics to be reprehensible, but allowing oneself to be reduced to this snakes-belly level will not resolve this fraternity's obvious misconception about the role of women. I would recommend a more thoughtful approach, such as letters of protest to the frater- The Burden of The Protest Is On Those Who Disagree by Shawn Griffin to Troy In response Oechsner's article calling for the end of JAG interviews on campus I would like to recap my position on this subject. After reading his response it seemed quite clear that he missed my point completely. Let me preface this article first by saying that not all issues are black and white. The NLG has consistently tried to protest issues as if there are only two sides to the argument with theirs being the right one. The issues they raise are often complex and require a great deal of thought. If you are going to involve yourself in such issues, Troy, I think you should at least realize this fact first. A large portion of our student body has been turned off by the short sighted attempts of the NLG to protest an issue. But please Troy, if you or any other individual or organization wants to protest an issue about which you feel strongly I encourage you to do so and I am studying so as to defend your right to do so. This right is the cornerstone of our right to freedom of speech. It is at this point at which I take cause with your issue and make my point. It is your right under the protection of freedom of speech to protest but along with this right comes the responsibility of carrying the burden. If the JAG hiring practices are something that you and the NLG feel strongly enough about to protest, then it is incumbent upon you to bear the burden of this protest. Other students may not want to bear the burden of protesting your cause or they may not feel as strong about the issue or they may disagree with your views. As with all issues there are people at both extremes as well as people in the middle. (Issues are not black and white.) By preventing JAG from interviewing on campus you are making the students who wish to interview To this I would add that it is also highly unethical and especially inappropriate in the context of the State University Law School. Kenneth D. Neeves bear the burden of protesting your issue. Don't miss my point, Troy. Preventing JAG from interviewing on campus is a form of protest not a means to change our government. If nity governing body, requesting sanctions against this group of delinquents. At the risk of sounding I am also concerned about the encouragement to drink to excess ("this requires an infinite amount of alcohol.") We need only to look back a few issues in The Opinion to be reminded that overconsumption of alcohol can be dangerous to innocent people, as our fellow student learned when a relative was killed by a drunk outside Ryan's bar in Canada. I support freedom of the press, but I also believe in responsible journalism. The two needn't be mutually exclusive just because The Opinion is a student publication. I would suggest that anyone submitting copy to the editors of this publication reflect on the truthfulness and message of their material before asking that it be printed. Sincerely, Kyle Maldiner 2nd Yr. Student P.S. It must be remembered that not all fraternity members are insensitive slobs. Witness the fraternity members who volunteered to escort women at night in an attempt to avoid more rapes. prudish, continued on page 11 Faculty Statement May Do More Harm Than Good Dear Editor, On February 17,1986theStudent Bar Association voted to endorsethe "Faculty Statement Regarding Intellectual Freedom, Tolerance and Prohibited Harassment." This is not surprising in light of John William's correct characterization of SBA members voting policy as one of voting "to be popular with certain groups at the cost of being unfair to the student body." (Opinion 2/17/88). What is surprising is the Opinion's support of the statement in their editorial entitled "We Have to Start Somewhere" (2/17/88). The newspapers are often the trumpeters of First Amendment rights, yet at this school the fourth estate is casually accepting these restrictions as a place to start. While there has been some student opposition to this farreaching policy, apparently the majority of students either support it or have not taken a position. Meanwhile, the administration has not taken any action on a complaint which was submitted on January 7, 1988. The complaint has been placed in a committee (the Faculty Student Relations Board) which doesn't even think it has jurisdiction over the matter. Evidently, many do not believe the statement will or can prohibit actual speech. These students should read The Wall Street Journal's editorial of March 14, 1988 titled "Dartmouth's Vexations." One can see those favoring this policy are not alone in their expressions of intolerance against certain viewpoints (i.e., conservative viewpoints). At Harvard Law School (many would say we are in good company) then Secretary of Defense Casper Weinberger was prevented by a crowd from speaking. Jeane Kirkpatrick was silenced by Berkeley, Smith, Barnard and the University of Minnesota and Alexander Haig was silenced by Tufts. The rights ofconservatives to speak and correspondingly the rights of the listeners to hear what they have to say is being silenced with hardly a whimper from the supposedly honest and tolerant left. Dartmouth College allows the disruption of classes by those protesting apartheid, the CIA or other liberal causes while three conservative students get expelled for getting in a shouting match with a liberal professor —in an empty classroom. The professor, a music teacher, had a transcript of one ofhis classes printed in the conservative journal Dartmouth Review. He had taken offense at the fact that students had exposed his music class for what it was, a platform to preach liberal propaganda. As a result, one of these students was thrown out of school for up to eighteen months after he was "found guilty (of harassment) because he initiated and persisted in a vexatious oral exchange." Students are free to occupy continued on page 11 �Res Ipsa Loquitur by Daniel Ibarrondo Writer Apologizes For Publishing Insensitive Article For many weeks now, I have pondered and discussed with colleagues the contents and style of my article on the grade massacre titled "No Problem To Get Back In Top 20 Give Lots of D's" published in the February 3rd edition of The Opinion. It was acknowledged by those who were bothered by the article that themessage was understood but they expressed reservations on the manner in which I decided to write about it. I listened to the comments made by Jamaican law students at UB Law as well as those from friends and colleagues. I must admit that I was slow at understanding the gist of these comments and thusthe meaning of this apology. — The article was written in a satirical manner to express the disgusting facts of the many first-year law students who would enter their second year with at least two D's on their record. It has always been my contention that law school professors for the most part are concerned with teaching how to protect the interests of those who have. If UB Law is truly concerned with educating student who do not have or never had, then some manner of retaining these students in law school should be implemented. It was hoped the article would begin discussions on this and similiar concerns. The idea of disguising the actors involved came about by my finding of a Rasta Glossary. I de- cided to characterize one actor with a Jamaican identity and speech pattern. Although I correctly assumed that those familiar with my Res Ipsa Loquitur column would bypass the characters and understand the gist of my satirical message, I unconsciously assumed that my fellow AngloSaxon law colleagues would have the intellect to know that not all Jamaicans speak in the manner in which I wrote. In fact, there were many, many grammatical errors in the way I attempted to construct my idea of a Rasta speech pattern. I wrongly assumed that I shared halls and classrooms with students concerned about intellectual pursuit. If anything, the article could have served as a point of conversation to begin to understand the Jamaican people and culture by asking your fellow colleagues. Instead, it was used to intellectually undermine the victimizer. As a Puerto Rican, and one who understands the powerful use of the media to create stereotypes and false information in order to satisfy the feel- bo^bn wl l *" M ings of inferiority and insecurity evident in those who believe and perpetuate these myths, I clearly apologize for the insensitivity expressed in allowing such an articleto be published. This has truly been a learning experience for me. Unfortunately, it was not a learning experience for those who really needed it. 415 V Seventh Avenue. Suite 62 New York. New York 10001 (212)594-J696 (201)623-3363 Commentary by Zulma Bodon Who Said America Is Not Readyfor Jesse Jackson? In the past month or so we have witnessed a significant transformation in our country's presidential race. Jesse Jackson is once again running for President. But this time he has built a solid, energetic campaign that is getting the support of a wide spectrum of people across the nation. Even more important, Jackson's candidacy is no longer one which only symbolizes the concerns and aspirations of black people. His candidacy has reached a level of legitimacy in American politics, and the white establishment is running scared. The media, in particular, has done a good job at undermining the powerand legitimacy of Jackson's political platform. The coverage he has received has been not only dismal, but quite condescending. "What does Jackson want?" has become a typical media question for which no one has the answer. Did it ever occur to anyone that he in fact wants to be President? Why is this hard to believe? Why is Jackson's underlying motivation any different than that of other candidates? What about Gore and" Dukakis, what do they want? The way in which the media has reported on the Jackson candidacy suggests that racism and inequality remain deeply embedded in the fabric of our society. In view of the fact that Jackson stands second in the race for the Democratic nomination, this is a clear indication that the media is attempting to undermine the strength of the Jackson candidacy. Even more disturbing is the media's attempt to convince us that our country is not ready for a black President. This media blitz is not only unfair and deceptive, but racist. Who said America is not ready for a black President? Do they really want us to believe this? Let us all remember that only 30 years ago America was not ready to have black people riding in the front of public buses. Who made America ready for that? Also, let us not forget that less than 50 yearsago our country was not prepared to allow women and people of color to become members of the American Bar. Who made the Bar ready? Relatively speaking, 30 or 50 years of history is a very short period of time for bringing about important social change. To accept the premise that our country is not prepared to have a person of color in the Oval Office is not only dangerous but a very unhealthy and immature political position to take. It only serves to promote divisiveness among people and to enhance racism. Why is it that no one dares to attack Jackson on some legitimate political issue? And why is it that no one cares to ask what Jackson thinks about for- Guild Perspectives eign policy, about domestic issues and the like? Because he is black? A responsible political position would be to challenge Jackson, or any other candidate, on these types of questions; on issues we believe will help us make an independent and intelligent decision as to who we want as President. It would be fairand legitimate for the media and the voters to question the fact that Jackson has never held a legislative position at a local or national level, yet this type of concern is rarely raised when the Jackson candidacy is discussed. Why? A more dangerous consequence of accepting the "America is not ready for Jackson" theme is that it really works, since the majority of the working class depend solely on the established media for information. As a result, they are constantly injected with deceptive and biased news. Even those of us who view ourselves as politically sophisticated sometimes get wrapped up in the same political limbo. And the worst part is that we too begin to believe, and thus fail to inquire beyond what is immediately available to us; we simply absorb and think we are getting a real political education. Let us be truthful about ourselves and about our future. Altering the value system of our society is in fact a slow and difficult process, but it is one that can be achieved. An optimistic and progressive vision of the future is what has led our country to be in the forefront of change. It is this notion of progression and change which makes this country ready for a black President. Jesse Jackson's candidacy is a long-awaited and refreshing change indeed. This is so whether or not we plan to vote for him. by Andrew Bechard and Molly Dwyer The End of Reaganomics, The Start of an Old Beginning We have a good deal of ground to cover with this installment of "Guild Perspectives" but to preface the local events happening on the UB campus and in Buffalo let us widen our scope to a national level. Many of the people working in the National Lawyers Guild and in other progressive political movements in this country have felt themselves to be constrained and defensive for the last eight years. The Era of Reagan, which has destroyed much of the gains of progressive political work and activism, has clearly come to a close. The Reaganomics which has sharply divided this country along class lines and has turned millions of Americans into unemployed people, underemployed people, homeless people and poverty-stricken people is finally being brought to light. After his unsuccessful bid for the United States Senate in 1986,Mark Green, writing in the "Village Voice," foretold of the end of the "Reagan Revolution." That November the IranContra scandal was first brought to light and Green pre- dieted that the moral and ethical depravity and the lawlessness surrounding that scandal would be the spark that shifted the political and societal attitudes of our nation. "Morning in America" didn't really have anything to do with light and hope, it was just a pleasing media image, produced to conceal a venal and black record of economic injustice, blatant abuse of civil rights, and international murder, destruction and imperialism. All you have to do is pick up a paper or a magazine and you can see the shift. Absent from the mainstream media is all the "yuppie porn" that dominated just a few years ago. Cover stories and analysis are being done on gay rights; discrimination, housing, poverty, illiteracy, day-care. Probably the most remarkable story of all is that the mainstream media are no longer treating Jesse Jackson like a civil rights-single issue candidate but are now treating him like a real candidate (of course they have to the Jackson campaign is the poorly — funded, volunteer rich movement that has pushed Jackson to just a few delegates behind the well-oiled technocrat machine from Massachusetts the mainstream media is now having to admit that Jesse can — win). •The thing that is inspiring the most hope in Guild members is the student movement. Yes, you just saw the words: STUDENT MOVEMENT. Popping up out of the Era of Reagan, going against the current are students. Not just in Columbia, Yale and Harvard but at American, Rutgers and Buffalo. The oldtime progressives are tickled. In the March 26th issue of "The Nation," devoted to the new student movement, the editorials gushed: The debate has begun about the nature of the new beast. Not many in their right mind say they want a revo-o-lution now, but is it time for a new surge of socialism, Westernstyle? Has another populist moment returned after a century or so of elitist rule? Is there, in fact, a movement of the 1990s already in for- mation, a coalition of coalitions, Rainbow and populist, black and white and pink (at least) all over, student/ worker/senior/liberal; peace-prone, gender-sensitive and solidarity-specific. No less an authority than New York Governor Mario Cuomo observed recently that great changes in the configuration of politics are taking place. He was asked about the sudden surge of Jesse Jackson's campaign in the week before Super Tuesday and Jackson's endorsement by Texas populist hero Jim Hightower. "But what's so new about it?" he shrugged. "It's the way we were raised. It's the sixties ." . . Getting back to acting locally. There are three items which we would like to address with the remainder of the article: an upcoming symposium on South Africa, an upcoming visit to UB Law by the FBI, and the upcoming Buffalo Guild potluck dinner on April Bth. South Africa Symposium In the beginning of March of this year, South African Presi- dent P.W. Botha ordered 17 black political organizations, including the United Democratic Front, to cease all activities. The largest black trade union, the Congress of South African Trade Unions, has been told that it can continue to function only if it stays out of politics. These bannings are even more sweeping than the emergency regulations that Mr. Botha imposed on the country in 1986. (See "The Economist" 4 March 1988.) It is against this new backdrop of repression that the AntiApartheid Solidarity Committee of the GraduateStudent Association of UB will be holding its second annual Symposium on Southern Africa. The Symposium will be at Butler Auditorium on Faber Hall on the Main Street campus and will happen on Saturday, April 9th. The Symposium is designed to provide an in-depth analysis of Apartheid and will include representatives from the five frontline states as well as representatives from the ANC, SWAPO, South African trade unions, the National Confercontinued on page 10 April 6, 1988 The Opinion 7 �City Court JudgeRaul Figueroa Looks Back On UB by Daniel Ibarrondo More than ten years ago he sat in the classrooms of UB Law School balancing the workload of first-year courses along with his private family life. The son of a working class family who moved to the United States from Puerto Rico and settled in Dunkirk, New York in the hopes of seeking better opportunities. It was an era when early labor migration from Puerto Rico moved to the northern farming communities.They were part of the first wave of migrants who for the most part had minimal urban skills, yet a strong drive to excel. Convicts Await Appeals by Martin B. Schwartz On Tuesday, April 19,theBuf- falo Public Interest Law Program will sponsor a conference addressing the legal aid appeals crisis in Erie County. In the October 15, 1987 issue of the Buffalo News, one of the headlines read: "Case Delays May Force Inmates Release." Judge Michael F. Dillon, Presiding Justice of the Appellate Division of the State Supreme Court, Fourth Department, told the Erie County Legislature's Budget Committee that "the non-profit Legal Aid Bureau's operation currently has four hundred and twenty unresolved appeals." This includes two hundred and eighty cases that are more than two years old and in danger of possible action by the federal courts. UB Law Professor R. Nils Olsen has filed a class action habeas corpus petition in U.S. District Court on behalf of indigent convicts who are still waiting for their first appeal. An Erie County Bar Association study has criticized the county for shortchanging the poor with respect to legal aid. Does Erie County provide sufficient funding for legal aid to the poor? What is the current status of the criminal appeals backlog problem at the Legal came along the educational and employment advantages were extremely difficult to obtain. I was lucky, however, that there was only one high school and we all Hispanics, Polish and Italians received the same quality education. Raul Figueroa, born in Ciales, Puerto Rico, was eleven years old when his family decided to migrate to the United States in 1958. The town of Dunkirk was foreign, mostly populated by Polish and Italian peoples, and at times hostile to the newcomers. It provided, however, no segregated schools and a cohesive Hispanic community. The yearning for knowledge led him to Fredonia College where he obtained a bachelor's degree. In 1973, he decided to attend UB Law School, where he graduated from in 1977. After working as an attorney with Buffalo's Corporation Counsel and the U.S. Attorney General's Office, Raul Figueroa was appointed by Mayor Griffin as a City Court Judge. Sitting high in his chambers at 50 Delaware Avenue, Judge Raul Figueroa candidly responded to the questions posed in this Opinion interview. Opinion: What was your experience as a Hispanic in the United States? Judge Figueroa: When my family moved to Dunkirk in 1958, it was very difficult to settle in back then because of the prejudice. When Hispanics Aid Bureau of Buffalo? What are the implications of this problem for the Buffalo community and the legal system in general? These questions and others will be addressed at the conference. Panelists will include Justice Dillon, Ms. Helen Zimmermann, the Acting Interim Executive Director of the Legal Aid Bureau of Buffalo, Professor R. Nils Olsen, and Mr. Kenneth Manning, Esq. of Phillips, Lytle, Blame and Huber. The discussion will be moderated by Martin B. Schwartz, Vice-President of Projects, BPILP. The discussion will begin at 7:00 p.m. in Room 108 of O'Brian Hall. All students, faculty and the general public are invited to attend this important event. — — Opinion: What was your experience like in law school? Judge Figueroa: My class was, in a sense, an experimental class. The law school had moved from downtown to Amherst and therewas a larger student population. I didn't like the "cut throat" competitive attitude that existed. My law school experience was different than your average student because I was a married, older student. I took law school as a job. Took my classes and continued with my family life. Of course, I also studied about twelve hours a day. Opinion: What type of student did you consideryourself? Judge Figueroa: Well, I studied hard and read my cases. One thing I didn't enjoy about law school was that you didn't get credit for what you did all semester. Then again, that's the nature of the profession in a way. I got some D's, I knew the ma- terial but had a difficult time putting it on paper. Grades, however, do not reflect a person's ability to do a good job. Opinion: What was your experience as an Hispanic attorney? Judge Figueroa: I had a hard time looking for a job in Buffalo. This city has a saturated market. I had many job offers in New York City, Michigan, Florida and Puerto Rico. Opinion: What advice would you give to law students? Judge Figueroa: Be persistent in what you do. Don't lose track of what you want to do and as far as ethics and morals are concerned, be honest with yourself. In order to be a successful attorney, you have to work hard. Continue to strive for what motivated you to go to law school. Law is an exciting profession but there's no stability. And, always maintain sensitivity. Callousness brings clouded visions. It was time for him to robe and begin his daily duty and apply justice and fairness. As the interview ended, I thanked Judge Raul Figueroa for his time and honest discussion. Truly a humble and intelligent man. Howtorunyour own snow ILS Fulfills By-Law 13 (The following article has been published to comply withSBA's By-Law 13 requirement.) " The International Law Society (ILS) is an organization of law students who share academic and career interests in the field of international law. The purposes of the International Law Society are to promote the study of private and public international law and of international organizations and institutions; to promote the comparative study of the legal systems of the world, thereby to foster communication and understanding among citizens of different nations; to promote greater understanding of international organizations and institutions and their capacity to bring about by peaceful means, in conformity with the principles of justice and international law, the resolution of international disputes and their function in the promotion of world objectives of ah economic, social, cultural and humanitarian character; and to educate ourselvesand others in these areas of knowledge through discussions, speakers, research, publications, and other appropriate means. All law students are invited to join. The International Law Society Office is located on the basement level of O'Brian Hall in Room 7. For further information, please contact Jennifer L. Krieger, box 431. 8 The Opinion April y / _Jf ' jfl •ji JH *) V J «!§ l> vJn&r>) / mJ "V fe I'M*M I B c#' ■ j 4 ,' k \V ! ■k R Ji t § M il9 ffrr_ 6. 1988 vmjjz&m ■' V*fa everything you'll want V ' tr-'i ■ 9 aMpd ■ The American Express* Card can play a starring role virtually anywhere you shop, from TUlsa to Thailand. Whether you re buying aTVor a T-shirt. So during college and after, it's the perfect way to pay for just about "■■ College is the first sign of success. And because we believe in your potential, we've made it easier to get the American Express Card right now. Wiether you re a freshman, senior student, look into our new automatic approval or offers. For details,pick up an application on campus. Or �~li\^ J~¥\ "I f iSIL^ EXTRA MILE wfl I Pieper gives something in I addition to what is due, I I I I expected, or customary .Jrunsthe I I I I I II I I FOR YOU! i I I jjf in a Bar Review Course. I I This extraordinary effort I is making the difference. I {Jjj 1 your Pieper Representative or I fifflp I telephone: If I For more information contact (516)747-4311 Wp PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 I I I I April 6, 1988 The Opinion 9 �Miss Social Procedure by Fiona Smyth-Horch Graduation Etiquette For Those Who Need It Most Dear Miss S.P., Who should I invite to my graduation? My grandmotheris elderly and incapacitated; it would be a real inconvenience to get her here and situated. I also know that my mother's cousin's widow loves to be included even if she isn't a close relative and she always gives generous gifts. Can't I bend the rules here? Wondering Dear Wondering, No, you can't. That's why there are rules. Announcements are sent to those who may be interested and invitations are sent to close relatives. I don't mean those tacky pseudo-formal critters one orders from the Office of Bad Manners in O'Brian Hall. Write, yes write, a note to distant friends and relatives on the order of "I thought you might be interested to know I'm graduating from law school soon." Include appropriate references to the recipient and his or her family. Invitations take the form of being "pleased if you would come to my graduation" naming time, place, date, etc. Call in a few days to clarify directions, tickets, transportation, and other practical matters. If your grandmother wants to come to graduation, it would behoove you to do whatever necessary to see that she gets there up to and including riding her piggyback onto the stage to collect your phony diploma. Cousin Generous could come to a graduation party and perhaps could lend you an adding machine. By the way, have you considered corporate law? — About Thank-You Notes In the flood of graduation questions, it did not slip my notice that no one asked about thank-you notes. I am not surprised. Never, repeat NEVER, send a printed thank-you card at any time for any occasion. First, thank you notes should be written the day a gift is received, but since we all pretend the U.S. mail is delivered by tortoise, a two or three day lag is permitted for sobering up. Second, since truth and etiquette are not related, it isn't necessary to report spending money gifts in any particular bar or cheap motel. As a public service, here is a prototype thank-you note; make appropriate selections: Dear (1) Aunt Ethel (2) Dr. Jung Thank you for coming to It was so I hope (3) Boy Toy my graduation ceremony/party (1) A family gathering is never the same without you. (2) You can't imagine what I've been through the past three years. (3) Did you notice I was naked under my gown? (1) nice to see you looking well after the gallbladder surgery. (2) traumatic. (3) orgasmic. (1) to see you and Uncle Harry more now that I'm done with school. (2) I can take the bar without flipping out. (3) we can catch up on lost time starting now. I really appreciate your gift (1) I have many expenses and want to meet them myself as Mom and Dad made great sacrifices for my education. (2) but I know the whole group hated me and was out to get me. (3) I'm looking forward to Sincerely, (1) (2) (3) (1) (2) (3) have already I'm still sore. having a good talk with you at Aunt Sadie's Memorial Day picnic. the day I'll take over the world. more of the same. your loving niece/nephew, Ann/Louie Napolean Hooter Off The Court by Andrew Culbertson Biancalana Will Not Start, Or Appear On Letterman In past columns I have talked about such things as alcohol, racism, and greed as they relate to professional sports. As I sat down to write this issue's column, I realized that I couldn't bring myself to write another column attacking the world of sports. Having just finished a brief, coupled with the reality that it's almost spring and still 20 degrees outside, I decided to write something upbeat. To this end, I've decided to dedicate this column to Jeanne Dixon, and make a few sports predictions. I realize that predictions are usually made at the beginning of the year, but what the hell, I wasn't writing this column at the beginning of the year. Since I've never done this before, I'll start with the obvious ones: ■ Bo Jackson will spend most of the upcoming baseball season in the minor leagues. By the time the next NFL season rolls around, Bo will be playing full time for the Raiders, and will win the AFC rushing title. ■ Billy Martin will be fired. ■ Don Mattingly will win the MVP Award, and Dwight Gooden, returning to his old form, will win the Cy Young Award. ■ Darryl Strawberry will have an outside shot to become thefirst player to hit 50 home runs and steal 50 bases in a single season. Unfortunately, a series of continuing disputes with Mets Manager Davey Johnson will land Darryl on the bench. ■ Gene Mauch, if he returns to managing, will not win his first pennant. ■ Mario Lemieux, not Wayne Gretzky, will win the NHL MVP Award. ■ Denny McClain, former Cy Young Award winner and exconvict, will return to prison. His type always does. ■ Pete Rose won't "officially" retire. ■ Tom Watson will finally win the PGA championship, becoming one of only several golfers to win each of thefour ■ ■ ■ ■ ■ professional majors. Arnold Palmer won't win his first PGA championship. Buddy Biancalana will not start, will not play in the World Series, will not appear on Letterman, and will not surpass Ty Cobb on the alltime hit list. Isaiah Thomas will make insulting comments. Kareem Abdul-Jabbar will announce that he's going to play yet another season. Jim Boeheim and the Syracuse Orangemen will choke in the NCAA Tournament (whoops, they already did). That goes for next year as Jessup Moot Ct. Bd. Active {The following article has been published to comply with the SBA By-Law 13requirement.) The U.B. Jessup Moot Court Board was established in May, 1987 by Susan Collins (Founding Chair), Chuck Johnson, Peter Baxter, Larry Lane and Bill Sandler (Founding Members) in response to strong student interest in international law and oral advocacy. The purposes of the Jessup Moot Court Board are to promote an understanding and recognition of the principles of international law; to educate students in the principles and purposes of international law and of international organizations and institutions; and to engage U.B. law students in international, national, regional, and local moot court competitions. 10 thereby improving their knowledge and experience in dealing with international law. Students competing in the 1988-89 Jessup International Law Moot Court Intramural Competition will be required to submit a 5-7 page brief on a problem of international law selected by the Jessup Board and to present oral arguments in front of a panel of judges. The written portion of the competition will be administered during the summer recess. An orientation meeting will be held later in the semester for interested students. The Jessup Moot Court Board is located on the basement level of O'Brian Hall in Room 7. For further information, please contact Jennifer L. Krieger, Chair, box 431 or Kimi L. King, Vice-Chair, box 424. The Opinion April 6, 1988 well. Just to prove that I'm willing to put my credibility on the line, here are a few long-shots: ■ The Georgetown Hoyas, under the tutelage of John Thompson, won't get into any fights next season. ■ Mike Tyson will lose to Michael Spinks. owner ■ Yankees George Steinbrenner won't publically comment on his team's ■ ■ ■ ■ playing ability. Dr. J will check into a drug rehabilitation center. Bobby Knight won't be assessed any technical fouls, and he won't throw any chairs. Phil Rizzuto will finally be elected to the Hall of Fame. No one will bitch and moan about the use of instant replay in the NFL, the threepoint line in college basket- The End of Reaganomics ence of Black Lawyers and the Lawyers Committee for Civil Rights Under Laws. This event is being co-sponsored by the National Lawyers Guild along with a number of other graduate groups on the UB campus. For more information you can contact the NLG office at 636-2161 in Room 118 O'Brian Hall or the Anti-Apartheid Solidarity Committee at 636-2960 in 103 Talbert Hall. NLG v. FBI We hope the Career Development Office and the UB Law Administration will take official notice that the National Lawyers Guild is opposed to the visit of Federal Bureau of Investigation Special Agent Mary Derm. The CDO has announced that Special Agent Derm will be visiting the UB campus to talk about career opportunities with theFederal Bureau of Investigation on Thursday, April 7th at 2 p.m. in Room 210 and 4 p.m. in Room 108. Organizers from the National Lawyers Guild will be on hand to ask questions of Special Agent Derm, foremost of which will be the status of the litigation of National Lawyers Guild v. Attorney General which was filed in Federal District Court in 1977. Discovery from the suit ha*, produced over 300,000 pages of FBI files on the National Lawyers Guildand has revealed thatthe FBI has used over 1,000 informants inside the Guild to report on Guild activities, and to disrupt meetings, press conferences and seminars. FBI agents have repeatedly, since 1940, broken into the Guild National Office and into the private law offices of Guild members. The FBI has tapped Guild telephones and has directed efforts to defeat the political and judicial candidates of Guild lawyers. The Buffalo Chapter has a file obtained in the litigation showing reports of questions asked of UB law faculty who were thought to be involved in the Guild when the Buffalo Chapter was formed in 1974. Guild organizers will also ask Special Agent Derm why the FBI has found it necessary to infiltrate and report on the efforts ■of Central American peace activists, and why the FBI thought it necessary to recently subpoena information from University at Buffalo libraries regarding books being checked out by an international student attending ÜB. In the March 16 issue of "The GraduatePost" it was reported that the FBI claims that the international student was involved in activities that endangered the security of the even though United States all of the books and articles in question are public information and remain on the shelves of Lockwood Library. — We at the Guild wonder how long the lawlessness, the invasion of privacy and the abuse of civil liberties will go on in the ■ ■ ■ ball, or the fact that Howard Cosell has his own television show. Not one sports agent will be indicted for tampering with a college player. The Pro Bowl will be exciting. Finally, last but not least, the Bills will go to the Super Bowl. (I told you that these were the long-shot predictions.) .. cont. from page 7 name and under the cover of the National Security Act of 1947. We hope you will attend, and we hope thatthe CareerDevelopment Office will in the future decline to invite representatives of the FBI or the CIA to the UB campus. Guild Potluck Always ending on an upbeat note, the Buffalo Chapter of the National Lawyers Guild is pleased to announce its annual potluck dinner, party and general good time. The date is Friday, April 8. The time is 8 p.m. The location is 52 Rosedale Boulevard in Amherst. The Guild Potluck is open to any person who brings something yummy to eat or drink, and we encourage diversity and plurality in menu and ideology. Buffalo Guild attorneys and law students will be attending in force to answer questions, propose solutions and do much mastication. We invite new members and hope you will attend. The Committee on Law Students With Special Needs would like to interview students with learning disabilities or physical disabilities concerning possible needs for modifications in exam administration. Please leave word with Mary Land in Room 507 (telephone: 636-2167) to make an appointment as soon as possible. We would like to ask all readers of The Opinion to informlaw students with special needs who may not read The Opinionabout this opportunity. �JAG Corps Faculty Statement cont. from page 6 you want to change JAG policies you need to change our government by initiating either legislative, executive or judicial action. It is your issue and it is you and the NLG who have decided to protest. Therefore it is you and the NLG who should bearthe burden of the protest. The SBA has recently given us an excellent example of how to protest an issue as well as how to initiate change in our government. When the SUSTA funding for law students was in jeopardy due to state budget cuts the SBA held a meeting to make the student body aware of the issue (same effect as protesting). The students who felt strongest about the issue began a letter writing campaign to initiate legislative aciton while the Dean's office pushed for executive action. The key point to remember is that it was the students who felt strongest about the issue who carried the burden of organizing support and writing letters in orderto initiate legislative action. The SBA did not attempt to prevent students from interviewing with the state government. It was their issue and it was therefore their responsibility to carry the burden of pro- testing and initiating change. To finish let me again clarify my point so I do not confuse Troy or any other NLG member who feels that issues are black and white and that any criticism of them or their methods is a direct attack on their issue. If Troy or the NLG feels strongly enough about an issue they are free to protest, making theirviews known and bring the issue to our attention. But your freedom to protest carries only as far as yoware willing to carry the burden of that protest; after all, it is your view. If you want to change the JAG hiring policies there are only three ways: through the legislative, executive or judicial branches of our government. By preventing JAG from interviewing on campus, you are forcing others to carry the burden of your protest. This in effect interferes with another person's right so as to allow you to protest your issue. I am not arguing for or against the JAG hiring practices. I am simply arguing that your freedom to protest under the Constitutional guarantee of freedom of speech ends at the point at which you force someone else to carry the burden of your protest. We have all heard this before but I will repeat it: "I may not agree with what you say but I will defend your right to say it." This is exactly my point with the added caveat that along with that right comes the responsibility of bearing the burden of that right. administrative buildings, classrooms and erect shanty-towns in places expressly prohibited by the administration without fear of sanctions, yet a conservative viewpoint cannot be presented in an empty classroom! Here at UB Law, Professor Carr was quoted on the front fjlsdjfsdlfjsdlfjsdf THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE Over eighteen hours of in-class 1 INTENSIVE QUESTION REVIEW: experienced law school professors is an question analysis by course Bar Review integral part of every SMH and Kaplan-SMH at no extra cost. NARRATIVE TEXTS: The law is need to know for your bar 2 explained for you—notyououtlined—in comprehensive texts. exam our 3 UNPARALLELED CONVENIENCE: Preparation jurisdictions is available for the bar exams of nineover 100 Stanley H. Kaplan at teen Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). Colorado Connecticut Illinois Maine Maryland Florida Michigan Dist. of Columbia Massachusetts New Hampshire New Jersey New Mexico New York _ Rhode Island Texas Vermont .U, Virginia |V Ibar review services -3o Niarr y d C B,vd F aHs Tonawanda, New York 14150 (800)223-1782 (800)343-9188 - (716)837-8022 "ANY • DIFFERENT M m E S I SeeyourCampusßep,orcaii: BUFFALO AREA OFFSET • PRINTING • FAST SERVICE COMPETITIVE • PRICING S Pennsylvania ****** inKAPIAN-SMH >% i PROFESSIONAL • TYPESETTING H p c If you plan to practice in any of these jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. fvlJfm L. page of the Opinion (Dec. 1, 1987)-as saying, in defense of the statement, the faculty needed "to make some statement to people in our own house about what we thought proper procedures and attitudes are, particularly within the classroom where it is more likely that a member of the faculty is going to be confronted with a statement that shows some kind of insensitivity." With all due respect for Professor Carr (or any other professor), I certainly don't want him telling me what my "proper attitude" should be. With professors expressing views like this, is it so outrageous to think that we could find ourselves in a similar situation as at Dartmouth? Will we face suspensions for disagreeing with what a professor feels are proper procedures and attitudes? I submitthe only difference between Dartmouth and UB Law is Dartmouth's active conservative movement. (This paragraph should be self evident, but my experience at UB tells me better. These examples do not mean I favor one position over another. But privileges to speak and/or protest cannot be extended to only those who share the majority's view. After all, history has proven that sometimes a majority simply means that all the fools are on the same side.) It should be clear to all that a double standard exists on many campuses. The law faculty, by endorsing this statement is officially supporting this double standard (up to now unofficially practiced by several leftist professors at this school). I have seen no evidence that the faculty or administration is willing to correct this ideological imbalance. Perhaps the statement's existence can be summed up best by quoting Judge Robert Bork's reaction to it when I presented him with a copy: "Faculties are not to be believed." I can only hope that current students, once in the real world, will have more insight than the current faculty members and administrators and will be able to distinguish between "activity that is indeed harassment and activity that is indeed vexatious." James P. McClusky Third Year Law Student pIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIII PREPARATION FOR California • - TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! 3171 Main Street LdtKO ° £*■"« Fkjpp 835-0100 IT 1676 Nia. Falls [iTrC\ frl r <? BuHal t} ©1987 Kaplan SMH 6 cont. from page nf\jcy.)p) (across NY Blvd. horn K-Mart) Tonawanda, NY 834-7046 .ll^illlli'iillllllli;!!!"!!!! 1!'!!!!;! 1:"!!!"!!:!!!' April 6, 1988 The Opinion 11 �Lr B0& ; " It R - -I -^J^sdllib v H 1 'S BAR/BRI is excited to announce that Prof. Arthur R. Miller, of the Harvard Law School, will be lecturing for BAR/BRI, beginning with the 1988 bar examination. Prof. Miller, who lectured on the bar examination for more than 10 years before joining BAR/BRI, will lecture in New York, California, Michigan, Massachusetts, and other states. The addition of Prof. Miller is just one more reason that more law school graduates throughout the United States take BAR/BRI than take any other bar review. We are excited to welcome Prof. Miller to our faculty. (h&ibn BAR REVIEW 12 The Opinion April 6, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-04-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/20/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2372e1f79cf75d16de3136ceded2792e.pdf e23fdda049442dd920d7b4e30c30d7ff PDF Text Text Faculty Shocker: Mensch Admits Long Held Secret (Story) by Fifi Trixibelle know Elvis was the king and now I can call Jimbo 'the prince. Mensch apparently decided to come forth and reveal Jimbo's true parentage because of the inevitable annoying questions the couple have been getting since the child was born (see photo.) "I just wanted to set the record straight." says Mensch. Two UB Law Professors have recently claimed to have had contact with the ghost of "The King" Elvis Presley. Professor Betty Mensch, at a recent faculty meeting, announced that her secondyoungest child, "Jimbo," was not fathered by Alan Freeman, as the law community has been led to believe, but is in fact, Elvis Presley's love child. Although Elvis has been dead for over ten years and "Jimbo" is just four years old, Mensch insists that the ghost of Elvis has visited her several times, and at one point, actually impregnated her. "Don't Be Cruel" "Great" When asked for a comment, the child's purported father, law professor Alan D. Freeman, stated "I think it's great. We all Prof. Mensch in an early photo with "Jimbo" Freeman added that he always found it strange when at the tender age of two months, Jimbo would croon "Don't Be Cruel" when he wanted his diaper changed. Later at the same faculty meeting law professor Janet Lindgren stepped forward and claimed to actually be Elvis' love child. questioned When about whether she meant that her father was Elvis the man or Elvis the ghost, Lindgren insisted that her father was, in fact, Elvis' ghost, although she admitted thaj it sired her several years before Elvis actually died. It had been confirmed that Elvis was alive and well when Janet Lindgren was conceived. In an attempt to validate her claim, Lindgren produced a diagram, which she attempted to explain with what several listeners termed "metaphysical mumbo-jumbo." "Surprised" When asked to comment, law school dean David Filvaroff replied, "Although I'm a bit surprised, I have to believe that once we go public, these revelations will greatly enhance our standing in the Gourman Report" OPINION THE Volume 29 No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF FLAW April 20, 1988 Law Student Found Dead In Law Library Carrel by Seymore Heinie On Monday, March 28th, while law students were away for spring break, a student who apparently stayed in theBuffalo area to catch up on school work was found dead in the law library. Although Amherst police department officials have not ruled out the possibility of murder or suicide, all law professors have been put on notice for possible interrogation. One law professor who asked not to be identified by name has offered the possibility of the death having been caused by some pre-death psychological trauma from having been confronted by an alien of some sort. This theory was based on a mysterious bite taken from one of the law books found on the student's desk in carrel number 332. The law school administration has refused to speak on the topic. Dean Filvaroff, in an ap- parent attempt to downplay the hysteria surrounding the mysterious death, stated, "At this point in the investigation we don't know exactly what his name is or what year he's in. "I can tell you, however, that the reduction of aid that the school will experience due to the SUSTA cuts will have an impact on the size of the student body." At the time of the discovery of this unfortunate event, public safety officials spoke of having found seven other bodies scattered throughout the rest of the library and three additional bodies found in front of the wall where grades are posted on the third floor. There was no evidence, however, of clues that would add credence to the mysterious alien theory. The student was described as being a male Caucasian with shoulder-length hair, brown eyes and a mole on his left cheek. Amherst police officials would appreciate any information leading to the identity of this victim. All information will be confidential. Permanent Office For JAG At UB by Johnny Gambo Following recent protests by Sexuality Courses To Be Offered by Mary Virgin ÜB's married faculty professors Betty Mensch, Alan Freeman, Fred Konefsky and Diane Avery will be teaching several courses on Sexuality and the Law next semester. The faculty is concerned with rumors of first-year promiscuous behavior which may lead to the spread of AIDS and other sexually transmitted diseases. The curriculum is presently being designed and will be entitled, "Do it and Die or Don't and Miss out." The following courses will be offered: Bestiality and the Law, Joint Tenancy and Drugs: The Road to Marital Bliss, the Rules of Civil Procedure and Sexual Positions, and SadoMasochism: A Fundamental Right. Professor Freeman commented that several prerequisites are required. Bestiality and the Law requires that students bring in their own animal or anything that resembles a beast. Students in Konefsky's class must wear only a flannel shirt to class and students must purchase leather whips forthe Sado-Masochism course. Students are excited about the new curriculum and the Law school Bookstore has created a new Sexuality and the Law section with various sexual books and paraphernalia. Presently, the professor for the Sado-Masochism course has not been chosen but students are hopeful that Professor Marjorie Girth will be selected. The faculty believes these new courses will stimulate students and relieve law school pressure and anxiety. "In fact, it might even make better lawyers out of them," said Konefsky. students who felt infringed upon by limitations imposed in the interview/recruitment efforts by the JAG Corps, UB Law has announced that beginning in the Fall of 1988, the JAG Corps will have a permanent office at the law school. Although O'Brian Hall has space limitations for faculty and club offices, a new office will be constructed to accomodate the JAG Corps. The office, as the preliminary plans show, will be located near the Career and Development Office. In the meantime, the JAG Corps recruitment personnel will be sharing office space with CDO pending construction and completion of the new office. Dean Filvaroff has announced that the accomodations for the JAG Corps' office was granted by President Sample. In response to the letters of protest tht he received by the members of the National Lawyers Guild, Dean Filvaroff said, "our hands are tied at this point. We had to accomodate the JAG Corps at the law school or risk losing massive amounts offederal funds that were given to the law school to do research on the legal ramifications of the Strategic Defense Initiative (SDI)." The Career and Development Office is pleased that the JAG Corps will have a permanent recruitment office at the law school but expressed reservations about having to share office space with military personnel. One employee who asked to remain anonymous said, "I don't mind them at all, it doesn't bother me to share space with them for a little while. What does bother me is that I hope I don't have to come to work every day and see a bunch of dissatisfied law students picketing in front of the CDO office. Law students as a whole will never be satisfied." The National Lawyers Guild has already stated that they will maintain a standing objection to the creation of a permanent JAG office at the law school. NLG has historically opposed the presence of the JAG Corps at the law school and has vowed that they will continue to do so despite what seems now to be a losing battle. �Battle Of The Sexes: "MAD DOG" EWING W VS presents THE GIRTHWOMAN" LEGAL MANIA m ARattered Ut**"* I -\te^B oftne century!" -Howard Cosell °^ h ■ ocV r uc"vpaVe ncico',0 l "This will do wonders for our Gourman Report ranking!" a -\\sUc er Jftk ■M^& JH γ^m C\/CMT If 111 / Features WWF INTERVIEW Cart: The Soul Bro' of Wrestling BATTLE OF THE DEANS Filvaroff vs Albert in Colossal Competition THIS YEAR IN REVIEW 7/?e Important Events in UB Legalmania BAM BAM BLUM Surrounded by Enemies HEADSMASHING HEADRICK WWF Looks at Heenan's Latest Find THE LEGAL STRATEGIES Wrestler's Describe Legal Strategies STRIKE FORCE Mensch and Freeman Reach for the Top 2 The Onion April 20, 1988 14 18 24 i J 1 42 46 k_^-**^^ 52 56 ITFm lad |F " §Dean „ oO % \ 1 not an ymore ~7 Headnck *■ » -" JL& |M| ■ I Hll II ■ X I wB «■ 1P» ulkH°gan � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b64e82d59151773d2ad2a3b09b674a16.pdf e8769a4a0e6d022dd26c4be2a1586861 PDF Text Text SBA ELECTIONS Presidential Candidates organization could do. I saw us as the conduit through which the students could voice their opinions and needs to the administration. I saw us as the champion of the students, the voice of the underdog. OK, as I said earlier, I may have been a little naive, but it seems SBA was/is none of that but is, rather, a bureaucratic blob that seems to spin its wheels in a sea of its own mud. Instead of being a conduit for student concerns, and an organization that seeks the furtherance of student development both in the classroom and out, it has an overly expansive role in how we, through the various clubs, use our money to sponsor and initiate creative programs. How many times has a club had a really amazing, bang-up idea only to find out it will take six weeks to get the needed funds or, worse yet, that SBA won't fund it because it's too political (read "too hot")? Additionally, while I acknowledge the need to maintain a rather tight budget (we only continued on page 5 Bill Bee Hello again!! My name is Bill Bee and I'd like to be your next SBA president. When we last spoke (if you consider this rather one-way form of communication speaking) I was a bright-eyed, well intentioned, if not somewhat naive, student running for an SBA directorship. Thankyou for your support. Actually, on second thought, maybe I should take that back. Of course I am thankful that many of you had thefaith in me to elect me, but... When I started in this SBA business I had a lot of ideas about both what I could do as a Director and what SBA as the gins this summer and that's why I'm staying here. It also requires student involvement. This is not a solo position. Kimi King The word for SBA this year is controversy. From Bork, to the Faculty Statement on Harassment, to the Student Position Paper, theSBA has hardly been the forum forthe hum-drum. As a footnote, SBA is being sued in Small Claims Court. partly because we oppose SUSTA cuts. Can't say we don't get involved with issues affecting students! My own position is that debate from all perspectives is healthy! Face it, all of us are here to advocatefor principles and person we believe in.Butwecan be far more active than we have been, and in order to do that we need to organize internally and externally. It be- . 50... 1) There are going to be some procedural changes around here due to the audit. We are mostly affected by the manner in which we run our parties, ticket sales etc. You'll probably be seeing Sub-Board One personnel taking tickets at the door. You should be aware we'll be paying for this service. But we made the decision on the Executive Board this year to work out difficulties with SubBoard, and not against them. I think it was the right choice, and they have helped us streamline the process so we cut costs. We need to continue cooperating while providing alternatives to them that serve both our in- Kelley Omel Last fall when I ran for second-year class director I wasn't terests. sure what I was getting myself into. My "platform" was simple. I said that as your representative, I would be receptive to your suggestions and would attempt to take action where it was feasible. Seven months later, my "platform" as a candidate for President of SBA remains much the 2) That same spirit of cooperation applies to the Position Paper. To Lisa Sizeland and all who authored the document, thanks are not enough. Ourfirst priority as students, faculty and staff, is to follow-up on what continued on page 5 Through the year I have continually demonstratedmy commitment to this simple platform. Several studentsexpressed a desire to have a more formalized advisement program continued on page 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 20, 1988 same. O THE PINION Volume 29 No. 1 Spanogle Chosen To Head Commission on Trade Law last three years and will assist those entities in the United States which draft contracts and utilize EFT's. At present, the by Daniel Ibarrondo Professor John A. Spanogle, who has been a member of the SUNYAB Law School faculty since 1974, has been chosen to be theChiefof the United States Delegation to the Working Group on Electronics Fund Transfers (EFT) of the United Nations Commission on International Trade Law (UNCITRAL). In this capacity, Professor Spanogle will be the chief negotiator for the United States in a series of negotiations to be had in order to develop model rules on electronic fund transfers. The project is expected to United States is in the process of drafting proposed legislation in this area. Developing model international drafts and promissory notes has been an interest and source of joy to Professor Spanogle. He has just completed, this past August 1987, a five year assignment with UNCITRAL's Working Group on International Negotiable Instruments. The proposal from this group, in which Spanogle was also the Chief United States delegate, is pending adoption by the United Nations General Assembly. If adopted, a uniform world-wide law for international negotiable instruments would be created. To date, the UNCITRAL working group's proposal for a uniform treatment of international sales transactions has been ratified by the United States and 15 other nations. On January 1, 1988 it became effective as U.S. law. The law school body is honored to have John A. Spanogle on its faculty. It is pleasing to know that Professor Spanogle, who teaches courses in the fields of commercial law, international commercial law and consumer law is changing the face of international business transactions. Tobacco Industry Critic Speaks by Donna Crumlish John A. Spanogle SBA Election Results On Thursday, April 7th, The Opinion held their annual election of Editors for the 1988-1989 school year. The turnout proved to be an encouraging sign. Photography Editor Daniel Ibarrondo, the new Editor-in-Chief, was tearfully The Opiniorii an American Damon Scrota Layout Editor _. i«m , I"° crowned by outgoing Editor-in- Bar Associat jon award winnjng Chief Krista Hughes. newspaper, is proud to have talented individuals on these The remainder of the newly , - elected Editorial Board is com- the Board posed of the following stun addition( we would ike to dents: thank Krista Hughes, Zulma Donna Crumlish Bodon, Melinda Schneider and Managing Editor Idelle Abrams for the legacy leave behind. The new they Maria Rivera Board thanks them for their exBusiness Manager perie cc and c° mmitm nt to Andrew Culbertson exce,,ent and ™ws 0 Features Editor covering of law school activities Alexei Schacht as we || as areas of concern to News Editor aw stu dents. ," , "JP ,«? "" Dr Alan Blum, of the Baylor College of Medicine in Houston, Texas and a leader in the crusade against cigarette advertising spoke to a group of students and faculty in O'Brian hall on April 11,1988. The presentation was sponsored by the Buffalo Public Interest Law Program (BPILP)and Roswell Park Hospital. Dr. Blum is a former editor of the New York State and Australian Medical Journals. In 1977 he founded 'Doctors Ought to Care' (DOC). DOC has been leading a campaign against all forms of cigarette advertising. Tobacco is the number one advertised product in the country; approximately 3 billion dollars a year is spent on promoting tobacco products. One of DOC's concerns is the problems involved in litigating lawsuits against tobacco companies. The chances ofa person whose health has been impaired by use ofa tobacco product winning a lawsuit against a tobacco company are slim. Three hundred and fifty thousand to four hundred thousand people per year die tobacco-related deaths. Since 1980 an estimated eighteen thousand to twenty-five thousand people have died as a result of the AIDS virus. Despite this overwhelming number there has not yet been a single judgement awarded to a plaintiff from a tobacco company. "The defense only has to show a voluntary risk on the part of the user" said Dr. Blum. One of the legal issues being debated is whether or not the cigarette companies had a duty to warn consumers of the dangers of tobacco. There are documents from as early as 1946 indicating that cigarette companies knew the health risks of smoking. It is unlikely that there will be any lower court rulings against cigarette companies until they are sure the higher courts will back them up. As of now that doesn't seem likely. Protection against cigarette com- panics is also unlikely to come from Congress. The reason is that the tobacco companies have poured a lotof money into the campaigns ofCongressmen and Senators. "The number one Senator in the pocket of the tobacco industries is Bob Dole. If he had been elected President there would have been no chance of ever getting a ban on cigarette advertising " said Dr. Blum. Not only does the U.S. Congress have a stake in tobacco companies but so do many major U.S. news publications. (continued on page 12) Inside ... More on SBA Candidates .... Res Ipsa Loquitor Law Revue 5, 7 . .9 .... April 20. 1988 The Opinion 10 1 �Increased Budget Contributes ToMoot Court Success by Dick Young One of the best reasons to be on the Moot Court Board is to be able to participate in interlaw school moot court competitions. These contests, involving law schools from around the country, test the participants' oral advocacy and brief writing abilities. Contestants usually submit briefs on whatever topic or question the competition is about and then argue, in several rounds, against other schools. These rounds are judged and scored by "Justices," who are often real judges, in "The Supreme Court." This year competitors from the Buffalo Moot Court Board excelled in the various competitions in which members were entered. This was due, in large part, to the fact that the Board received "much more support from the faculty and administration" than in past years, according to Julie Freudenheim, the out-going National Competitions Director for the Board. This support came in the forms of faculty coaching and increases in the Board's budget. Taryn Chapman and Susan Gigacz argued with skill and panache and made it to the quarterfinal round of the prestigious National Moot Court Competition. The "case" they argued was about whether cigarette manufacturers should be held liable for the injuries that smokers allegedly get from using their products. Chapman also teamed up with Michael Banks, a nonBoard member, to win theBlack Law Student Association Moot Court Championship. Brian Martin, the out-going Director of the Board, and Susan Schoepperle were finalists in the Polsky Moot Court Championship. Arguing brilliantly, they lost in the finals to an arrogant Emory Law School team led by a man who called himself "Ice." Martin and Schoepperle also won the Second Best Brief award. The annual Poslky competition deals with the field of criminal law. This year's problem dealt with the issue of a prosecutor's use of peremptory challenges to exclude blacks from a jury. As reported in the last issue of The Opinion, Siu Chan and Sue Garvey won their region's National Appellate Advocacy Moot Court Championship. They will go on to the National Championship this summer. The Entertainment/Communications Moot Court Championship, hosted by Cardozo Law School in Manhattan, saw a competitive Buffalo team, composed of Paul Weiss, Sara Faherty and Bret Puscher, win all of their preliminary rounds but inexplicably fail to advance to the final rounds. Two lucky teams got to go to San Diego for the F. Lee Bailey Moot Court Championship and the National Telecommunications Moot Court Championship, respectively. Lauren Breen and Dana Young competed in the Bailey competition which, like the Polsky, is a criminal law competition. This year's topic was centered around the controversial Bail Reform Act of 1984. Sara Horowitz and Alexei Schacht competed in the extremely poorly-administered ChamTelecommunications pionship held by the California Western School of Law. Competitors had to argue in front of the same panel of judges on the same day, thus destroying the moot court principle that oral advocates should be judged by different people on each round. The last moot court competition of the season will see Christine Tsai and Mary Ann Courtney enter the National Products Liability Moot Court Championship beginning next week. Next year's Moot Court Board, which hopes to repeat this year's successes, voted on who the members of next year's Executive Board would be. The winners of those elections are as follows: Tim Greenan, Director; Mary Joe Raczka, Assistant Director; Suzanne Garvey, Secretary; Joe Rizzo, Treasurer; and Rob Boreanez, National Competitions Director. The Moot Court Board would like to thank all those people, faculty, staff, administrators — and students people too numerous to mention individually— for their help in making this year such a successful one for the Board. Conspiracy to Revive the Auction Block by Martin Sanchez-Rojas Prime suspects Jesse Davis had psychological problems, but it did not matter Michael Stewart had a Boy Scout's knife, but it did not matter Eleanor Bumpurs was an elderly Afro-American woman, but it did not matter Michael Griffith was simply walking 'cause his car broke, but it did not matter Jimmy Lee Bruce was just a kid from Wallkill, New York, but it did not matter Kenroy Burke was a Jamaican father of 5, but it did not matter Yvonne Smallwood was a nurse and trade unionist, but it did not matter Shirley Harris-Smith was five months pregnant, but it did not matter Juan Rodriguez was a Dominicano, but it did not matter Julian T. Pierce was Lumbee Native American, but it did not matter Ah, the police and their tools. Do you think GOD is a white man? Could it be that it's a matter of color? So how you livin'? Commentary by Andrew Culbertson Peer Pressure: Much More Than Just A Social Problem I Peer pressure. It's a phenomenon often frowned upon, but one that each of us has faced and probably succumbed to at one time or another. How many times has it happened? You're with a group of friends and they've decided to go out to a bar. For whatever reason, you decide not to go with them. What generally ensues is a two-step process. First, they give you a hard time for not wanting to go. Then, after you've given at least two or three good reasons why you don't want to go, they proceed to do everything in their power to persuade you otherwise. If you're like most of us, you usually end up going. Admittedly, this is a fairly common and relatively harmless scenario. Unfortunately, peer pressure is not always harmless. When peer pressure becomes a factor in regard to more important decisions, such as which courses to take or which organizations to join, it really can be limiting. Specifically, I'm referring to the following pieces of conversation I've recently heard. "Take Corporations. Me and Joe are taking it," or "I don't want to take that class. None of my friends are taking it, so why should I take it?" Or, how about the people who refuse to join an organization because none of their friends are in it? guess no one has told them that it won't kill them to make new friends. This is the type of behavior that I expected (and admittedly practiced) in high school, tolerated in college, and find hard to fathom in law school. Perhaps I'm wrong to assume that if people are ambitious enough to attend law school, that they're also ambitious enough to take the classes they want to take and join the clubs that interest them. One reason why peer pressure seems to be so effective is due to individual insecurity. People are afraid to take chances and do things on their own. To this extent, they easily succumb to peer pressure and end up doing most of the same things that their friends do. At the same time, the people applying the pressure are just as insecure as their victim(s). They're afraid to do something on their own, so they try and convince a friend to do it with them. At a younger age, insecurity may have been an acceptable excuse. However, at this point in a person's life, there's really no excuse for social insecurity, at least when it works to control important decisions. There comes a point in a person's life when they have to start making decisions based on what they want to do, not on what their friends do, or on what their friends want them to do. I should clarify that my purpose in writing this piece is not to condemn the student body. One of the things that has impressed me the most about the students here is their willingness to express their opinions and stand behind the causes they believe in. The point I'm making is that there are a number of students out there who are apparently satisfied hiding behind their security blankets. It would be one thing if this was the type of behavior that ended once an individual entered the real world. Unfortunately, this type of attitude generally feeds on itself and will tend to follow a person throughout his or her life. Commentary by John Bonazzi Jackson Should Withdraw And Save Democratic Party The Democrats are in trouble. In this presidential election year, one in which the chances for victory are truly good for the first time in twelve years, the need for unityand coalescence is paramount. Yet, the party is being beseiged from within, particularly by the reluctance of Jesse Jackson to put the good of the party before his own political goals and ambitions. This must end. Let me start by acknowledging the very real and positive achievements made by Jesse Jackson in this campaign. He has encouraged the politically disfranchised the poor, minorities, street people and others —to become a part of the national political process. He has also pushed the political cause of minorities ahead by leaps and bounds. His cam- — 2 paign has truly been a watershed effort in that regard. Perhaps most importantly, he has through his formidable speaking skill and fiery oratory centered political attention on issues which have been neglected these past eight years: low-income housing, homelessness, anti-poverty campaigns, unemployment, etc. He has singlehandedly brought renewed interest and compassion to issues which have long laid dormant and unresolved. Jesse Jackson has accomplished great things. In doing so, he has brought hope to the hopeless and cheer to the cheerless. But now, it is time for him to step aside. The Democrats are close to returning to the White House, and to accomplish this they will have to do what they foolishly fail to do each election year The Opinion April 20, 1988 — unite as a party behind the most electable candidate. The Republicans are good at this. The national hierachy puts pressure on candidates to drop out quickly once it becomes apparent that they are not going anywhere. This results in one strong candidate, and a united, smiling convention. But this year, the Republicans fell behind a man who needs only to stay alive until August to win the nomination. George Bush is as unelectable as they come, and will have difficulty beating the Dems in the fall. Mike Dukakis is clearly the man to put up against him. He's an intelligent candidate who has a great organization and even greater fund-raising. In addition, he is blessed with presiding over an economythat has been called a miracle (un- employment cut from 12% to 3%, and taxes cut five times in four years). Mike Dukakis may need an excitement boost, but what he doesn't need is a candidate to sap his strength. Unity is crucial. Jackson needs to fall behind Dukakis for one big reason he can't win himself. This may upset minorities andanti-establishment Democrats, and understandably so. But Democrats need to grasp the political reality soon, and the reality is that Jesse Jackson can't win. It's a shame that this is so, but it is so. While it may be appalling that racism can keep a qualified person out of office in 1988,that's thereality. And race is not the only thing. Even more hurtful than his race is Jackson's politics, which many Democrats never — — mind Independents or Conservatives view as radical. His support for Fidel Castro, Yassir Arafat, and others, coupled with his campaign promises to deal with issues which are costly and fiscally unpopular create problems among moderate-liberals. They see him as an inexperienced ultra-liberal. This may only be a misperception, but perception in politics is usually more important than the reality. The fact is that a still-racist, still-conservative America will not vote for Jesse Jackson. The numbers prove it. It has been widely reported that Jackson has received an astonishing 95% of the black vote, and 20% of the white vote. Blacks hail this as a major coup. Not so. It must be remembered that he has been receiving just 20% — continued on page 13 �Bill Bee (continued) have but so much money), if we are going to cut student club budgets, why not do something progressive with the saved money? I propose we, as a student government, have a responsibility to actively assist students through this ardent journey we call law school. Given that responsibility, it seems that SBA should establish a Special Circumstances fund. This would provide immediate aid in the event that someone would have a unique situation that would require them needing some emergency funds. For example, I know last semester at finals there were some students, because of a handicap, who needed a typist and the school would not provide one; there is no relief for them in SBA. It seems that somewhere along the line we forgot SBA means STUDENT Bar Association. SBA must represent and be willing to support all the students. Now before it appears I am simply bashing SBA, let me say this. I'm simply stating the various shortcomings as I see them. I feel SBA as an organization can do a lot for the students. It just needs the right push. We need an SBA that will let the clubs police themselves. We need an SBA that is willing to meet the needs of all the students and if need be, fight for those needs. We need to put some bite in SBA. SBA ELECTIONS I have tried to outline some ideas to show I have a handle on what we need in a student government. However, as they say, talk is not expensive (or something like that). A vote of confidence from you will insure us with an active, concerned SBA president and in turn an SBA that does more than just administrate. I'm Bill Bee and I'd like to be your next SBA president. Kimi King (continued) they have advocated needs to be changed. Just to set the re- cord straight, the Position Paper was not an indictmentof why this school is bad, it was a document to illustrate that with work we can be one of the best £##**£ schools around. Dean Filvaroff has shown a committment to that purpose even in the first few months of the transition. We must continue to support his efforts. If we believed that the problems insurmountable, were we would not have undertaken such a venture. Forthose ofyou who haven'tread thedocument in its entirety, it is on reserve in the Library. We've got problems, but we have a few answers. Take a study break during finals and look it over. You may have an angle that no one has thought of yet. 3) A comprehensive calendar of SBA activities needs to be out by the third week of school so other organizations can begin planning. In my two years on SBA, I've seen so many groups duplicate efforts and compete with each other for people and resources, it's scary. 4) New students have new ideas and energies which revitalize groups. We need a Club Day within the first few weeks of school. Unless we create the expectation that outside interests are important, we can't complain when we are confronted by apathy. Groups need to formulate plans a.s.a.p., and knowing the number of interested students out there helps immensely. 5) Our school has over 800 students and yet this year we did not have a phone directory. Two years ago we finally received one over Spring Break. Ludicrous! I don't believe in campaign promises (reality dictates life and death do not go on in SBA meetings), but if it's the last thing I do there will be a Fall Directory. This is a trivial issue, but it's symptomatic of the disorganization which goes on around here. Anyone interested in working on it with me, leave a note in mailbox #424. Those of you who complained all year long about not having one I intend to hear from you. Yeah This is the blah part where I'm supposed to tell you that I've served on SBA longer than the other candidates (first year Class Director, currently Treasurer). I've worked on student governments at the University of Illinois, Northeastern University, and Regional orblah blah ... ganizations blah anyone who knows me, knows my record. Vote for me and nobody gets hurt!! Just . ... ... . ... (Continued) checking your comprehensive reading skills! Seriously, even if you don't which you should vote for me at least vote. Last year's election was decided by 10 votes. You will have to live with the Board once they are elected regardless of if you don't vote. At least next year you can say you tried. Take care and good luck on Finals. — — Kelley Omel (continued) within theLaw School. As a part of Lisa Sizeland's Subcommittee for Developing Student Issues, I surveyed the students' desire for such a program. As a result, with the help of approximately 20 volunteer student advisors, I set up the advisement table on the third floor during registration week. More work will be done on the advisement program during the summer and fall to make it a permanent part of the administration and to expand it by involving faculty to a greater extent. Several students expressed an interest in more variedsocial events. As a result, with the help of several interested students, I coordinated last semes- ter's events. Many people downplay the importance of these events in law school. I think that is an injustice because they are one of SBA's primary functions to keep the students happy. However, they are not the ONLY important functions. Many improvements still need to take place. It is a function of SBA to make sure they — Vice-Presidential Candidates make excuses Peter Berkery The reason I decided to run for Vice President of the StudentBar Association is simple: I really care about Buffalo Law School past, present and future. Currently, I think in a sense our Law School Community is in a crisis situation. The "great dialogue" on the ideals of truth and justice that should take place at any good law school is strangely absent here at ÜB. In its place we have an atmosphere of tension and suspicion that feeds on rumors, mistatements, and even outright lies. Something has to give, something must change before our Law School collapses in on itself and becomes yet another nameless, faceless institution in classic Orwellian fashion. To me, the most logical place to begin this change for the better is within the student body itself. Unfortunately, at times it appears that some faculty and some members of the Law School administration care little about student needs and concerns unless that student falls into some ambiguous "special category" that the professor or administrator is comfortable dealing with and chooses to help. In my opinion, this only serves to perpetuate the tension and division within the stu- dent body, and I think it's about time that we as a group unite around common goals of academic freedom, including freedom of speech, from which emanates the penumbral right of freedom to speak freely in a law school classroom. Camaraderie should be emphasized, competition downplayed. There is no real competition among those working for justice. These are the general principles upon which my candidacy is based. They may sound hokey and overidealistic but I'd much rather be hopeful and idealistic than cynical and pessimistic. I also know that I'm not the only student in the Law School who thinks these principles are important. This year we're fortunate to have a new Dean with impressive credentials who seems motivated to change the Law School for the better. Next year we'll have an opportunity to work with the Dean behind a common goal of a better Law School. I'm more than willing to use the office ofVice President as a catalyst for change rather than as a resume line. I'm not foolish enough to make any specific promises except one: I promise to listen to all the Law School constituencies who are unhappy about the status quo. The "sixties" are over. As a Law School Community we need to build on the ideals of a more democratic society that the decade of the sixties represents as we move into the "nineties." Ivan Khoury Ivan Khoury, currently an experienced Student Bar Director for the first-year class, requests your vote for the office of Vice President, Student Bar Association. Ivan's got what it takes to make a difference. Like other first-year law students, Ivan shared the discomforts, the pains and frustrations experienced by his classmates. Many of these futile situations were also experienced by the class of 1989. Ivan wants to change this. He wants to make the law school a more harmonious learning environment. This is Ivan's plan. He would like to take a more active role in law school matters and seeks your support in his efforts to be vice president of the Student Bar Association. Ivan, being new to theBuffalo area, has had to make a transitionthat at times has been filled with frustration. Part of Ivan's frustration was caused by the at times trivial activities that came before the Student Bar Association. Once elected, Ivan will utilize his efforts and your input to ensure that the interests of all students are represented. Ivan is a candidate concerned about the pressing problems of the law school. He is not one to or rationalizations for the shortcomings of administrative or Student Bar Association policy. Ivan will be an active vice president; he sees the need for the establishment of two grievance committees. One committee would deal with grievances dealing with Student Bar Association policy and theother with faculty/administration policy. There is also the need to expand the support services for students, e.g., expanding the role of the peer advisement program. Furthermore, clubs should be given incentives to co-sponsor events and organize events that will allot recognition to the law school. Similar to the new administration, our student body has had to deal with many difficult situations that have not always been satisfactorily resolved. One situation that can be remedied is the lack of notice accorded to students desirous to interview for committees and Student Bar Association appointed positions. Others include the need to stimulate greater student body involvement in Student Bar Association policy, and greater interaction with other representative bodies of the university community. Ivan is the obvious choice for vice president. He has working experience with student representatives and faculty. Ivan is currently an experienced Student Bar Director for the firstyear class, and a committee member of the Student/Faculty Committee for Students with Special Needs. Ivan does not claim to have all the answers, but he is com- do. Logically, the place to begin would be at the core, within SBA itself. It is important that EVERY class director be active within the organization. This has not been happening. I believe that we can achieve broad-based participation by establishing working committees with chairs early in the fall and by encouraging ALL directors to actively and continually pursue at least one project. If ALL directors are thus involved, SBA will run more efficiently and effectively thereby allowing more improvement to be made at a quicker pace within theLaw School at large. — It is important that SBA continue to work with Dean Filvaroff to further implement the suggestions made in the position paper developed this semester by theSubcommittee for Developing Student Issues. Hopefully, by making such permanent improvements, our ranking will follow suit. As a part of SBA, I recognize that I was a part of the weaknesses as well as the strengths. However, I feel that my contributions far outweigh my weaknesses and I feel that I am in a better position now to know what needs to be done. I am a person who can develop a goal and follow that goal through to the end.I can do my best to remain objective so that I can ensure that I listen to ALL students' views. Thus, if elected, I offer you an open mind, an open ear, demonstrated experience, and a sense of compromise. mitted to making the Student Bar Association the advocacy voice it can be. Ivan is cognizant of the demands of the job and looks forward to the new responsibilities the job entails. ChristopherReo I am running for SBA vice president as a candidate who wishes to increase involvement within a better organized SBA. The SBA must take a more active stance with regards to student affairs and must take steps to make this campus more amenable to a productive social atmosphere. If elected, my goal would be to actively increase involvement amongst the students in the law school and to enhance communication with the faculty and surrounding community. As the SBA vice-president, it would be my job to help make that the goal of the Executive Board, the class directors, and the groups we support. I plan to institute this plan in the following ways. First, theSBA needs to be better organized, more accessible, and more willing to listen to new ideas. Through its attitude on student involvement, the SBA sets the tone for much of what happens during the academic year. Supportfor social events, guest speakers and student commit(continued on page 7) April 20, 1988 The Opinion 3 �— BAR EXAM — NEW YORK FOR THE FIFTH YEAR IN A ROW, THE LIVE PERFORMANCE OF THE PIEPER BAR REVIEW COURSE IS FULLY SUBSCRIBED (ALL 1,000 SEATS ARE SOLD OUT) FOR THE SUMMER COURSE. Seats still available in the following tape courses: ALBANY, BOSTON, BUFFALO, CHARLOTTESVILLE, ITHACA, NEW YORK CITY, NASSAU, NEWARK, PHILADELPHIA, QUEENS, SUFFOLK, SYRACUSE, WASHINGTON, D.C., WESTCHESTER, and our newest location, BRIDGEPORT, CT. PIEPER NEW YORK -90MULTISTATE Willis BAR REVIEW, LTD. Avenue Mineola, New York 11501 (516)747-4311 4 The Opinion April 20, 1988 �Reo* continued from page 5 tee representatives oftentimes emanates from the SBA. If we, the elected representatives, don't show a desire to get involved and appoint those who will, how can we expect the student body to support us? Office hours must be mandatory, agendas must be posted, and we have to actively recruit student involvement. After all, we are your elected representatives. Second, we must make it easier for individual groups to have access to their money so that spontaneous events can get off the ground. I therefore propose the establishment of a petty cash system to be administered by the SBA. It would be subject to strict SBA ELECTIONS voucher and triple signature requirements, but would have the effect of giving organizations some starting money for student events. We can have better control over our student money without decreasing accountability! Third, so thatall students can take advantage of the various events, I propose that all groups be required to submit to The Opinion a bi-weekly schedule of events which may be published when it is timely and within The Opinion's space limitations. This could help the lack of communication that exists regarding the particulars of scheduled events. Fourth, to improve communication between the faculty and the student body, I propose a series of weekly brown bag lunches (like those started by AWLS) which would feature a faculty member, local official, or issue of legal importance. The SBA would foot the bill for liquid refreshments where possible. Fifth, we need a better organized intramural system. Hay-ing established the Intramural Racquetball League, I've come to recognize that incentives are necessary to foster involvement. I intend to revamp the league in order to increase involvement, but I also feel that the SBA should take a more active role in other sports such as softball, volleyball, water polo, and basketball. Tournaments are essential for most sports because of the limited extracurricular time we all have. We need to offer incen- TreCaSecrasnudriedeartatersy, Robert Brucato Secretary My name is Robert Brucato and I am running for the position of Secretary of the Student Bar Association. My growing concern throughout the past two semesters, with the quality of life at the law school has motivated me to run for this office. I feel that my four years of experience in student government, at this university, has taught me the importance of student input in any school environment. As Secretary of Sigma Phi Epsilon fraternity, I faithfully executed respon- sibilities that are similar to the ones that I will encounter as secretary of the Student Bar Association. Now.more than ever there is an increasing need for communication between the Western New York Bar and the law school. As Secretary, I will do my best to tap this as yet underused resource. One way of achieving this would be to invite more area attorneys to the school to speak on topics of local, legal interest. Finally as Secretary, I will always be receptive to any student concerns that are brought before me. I am confident that I am fully qualified to sucessfully meet all of my responsibilities as Secretary of the Student Bar Association. I encourage you to take the time this week to participate in the election of officers, to insure that your interests are adequately represented in the Student Bar Association. tives (like T-shirts for the winners) in order to increase involvement. These incentives as well as officiating costs can be offset by league fees. My sixth proposal stems from the belief that UB Law should take a more Stctive stance in community affairs. High school outreach programs and internships, like those started by LALSA and BPILP, are not only vital to those seeking guidance and assistance from theLaw School, but would improve our repoire with the community. These programs must be nurtured and expanded so that more people in the community can benefit from UB Law. Finally, the SBA must continue its efforts to voice the student position. Change will Michael Smalls never occur unless the Administration knows what the specific needs of the student body are. The Student Position Paper and the SUSTA drive were the two most recent efforts made by the SBA to solicit a response from thestudentbody. The SBA must continue to understand student needs and act so that they become reality. This is my basic platform. There are other issues that concern me which I have tried to make an impact in, such as the committee for students with special needs. I look forwrd to any input you might offer. Without your criticism and ultimately your involvement, our student government will never reach its potential. for consternation from one's Secretary (photo not available at press time) Most people understand that the position of Secretary requires skills concerning the taking of meeting minutes, note keeping, correspondence and the like. I, like many law students have developed those skills attempting to subdue the red tape involved with student loans, financial aid, housing and classnotes. As Secretary, I would like to allow the position to provide a medium through with the student body can make the S.B.A. aware of student concerns. The student body knows what S.B.A. does when it is time for organizational budget appropriations or S.B.A. party sponsorship (both important in vary ing degrees), but these are not the only items of which students should bemade aware. S.B.A. needs to know what the student body's concerns are. You let me know, and I'll let them know. Gregory Vinal Treasurer The job of SBA Treasurer may be, in a way, more sensitive than that of SBA President. It is the Treasurer who has the most interaction with the various student organizations funded by the SBA. And, while the organizations, the other officers and the directors may speak of laudatory goals and major projects it is often the Treasurer who chimes the sour note of fiscal constraint. So, you may ask, why would someone in their right mind want to assume such a position, wrought with the high potential peers? I too have been asking myself that question rather often of late. But the answer usually boils down to a decision to run. I am confidentthat I will be able to devote to the job the amount of energy and skill which is required to fairly and competently administer the finite amount of mandatory student fees collected from each of us. From my participation on the SBA finance committee this year, I am extremely familiar with the budget which the next treasurer will be forced to deal with. I have heard the appeals for funds and I am aware of the aspirations behind the numbers. I am also aware of the balancing involved in the budget formation and know that this must enter into most funding decisions. It is my sincere hope that this coming year will see many of the goals of the funded organizations, as articulated in the budget requests, realized. Buffalo Morning Zoo Crew Entertains ELS Members by Jeff Markello A few Wednesdays back, the Entertainment Law Society was treated to a delightful and humorous introduction to the world of morning radio in Buffalo. Bob Taylor and Harv Moore from WHPD 103.3 FM radio came to discuss how the law affected their profession and provided some insights into what allows a radio station in Buffalo to succeed. Better known as the Buffalo Morning Zoo Crew, Taylor and Moore air their showfrom 6 am to 10 am weekday mornings from WHPD's downtown Buffalo station. They have been on the air since 1979 and this nine year experience has resulted in a very successful show and current following. Their outrageous humor has included such acts as The King of Fa, numerous impersonations and caricatures poking fun at well-known personalities, interviews with the Buffalo's Mayor Jimmy Griffin, and daily early morning conversations with a woman from the Casa de Pizza, known as Bea. The Entertainment Law Society gave those law students who are fans of Taylor and Moore an opportunity to meet these disc jockeys and ask questions about their show, WHPD 1203.3, and Buffalo's radio business in general. Taylor and Moore surprised the audience with some of WHPD's radio policies and gave insights to others such as what segment of the Buffalo market they and their major competitors are geared toward. WHPD is Buffalo's Rock-NRoll station while WHTT 104.1 plays the old Classic hits, and Magic 102 and KISS 98.5 play the area's "" :>p 40 dance music. The dis ..ssion soon turned to a well-known New York City radio disc jockey Howard Stern who is one of the more vulgar and lewd personalities over the air anywhere. A short segment of one of Stern's recent shows was played back for those students not familiar with his they soon came to unwork derstand how disgusting he really is. Stern who usually evokes very strong emotions from his listeners, did not seem to retain very much respect from Taylor and Moore as they claimed that his style was more of a fad that would come and go before too . . long. Although this did not sit very well with many Stern fans in the audience, their point was well taken and understood to represent a more conservative BUFFALO disc jockey's point of view. All in all, the Entertainment Law Society once again presented a top notch event consistent with its policy of sponsoring quality events that will continue to further introduce the law school student body to the wide-reaching field of entertainment law. The ELS is currently busy planning additional events such as a reception, talks from area professional entertainers, and fund-raisers including a huge raffle with exciting prizes available next spring. Stay on the lookout for Entertainment Law Society notices... o* Important On Friday, April 22, a coalition of Buffalo student and community groups will lead a "Take Back the Night" march through the UB Main Street campus and surrounding University Heights area. Ha^TnaHi.r«Sp.S and lowing,bnef speeches mgs. The march will last until approximately 8:30 p.m., to be followed by a rally at Harnman This maTch has been called in order to protest violence against women, both on campus and in the community. His- Announcement "O torically, "Take Back the Night" marches have been organized throughout the country as symbolic protests of women's inability to walk freely at night without the threat of physical and/or sexual violence. The night has, ,n Jvercome the oppresses and si " O ' While women are marching, men will participate in a sup- TAKE BACK THE NIGHT MARCH port vigil. Yetta Kurland, an organizer of the march, said: "Having men take part in the march would defeat the purpose of the march; women need to win the ability to walk alone at night without the fear effect, been symbolize how 9 9 g The ELS will also do its best to keep the law school student body posted as to its events... after all, that's entertainment! Jhe *«™° 7"* Wi " - °-m C c,de Wlth sim,lar marches at SUNY institutions across the state, safety as^part^a^oordinated foT'^UNY campuses. For more information contact Yetta Kurland, UB Women's Center, at 636-2950. FRIDAY, APRIL 22, 1988 at 7:00 p.m. gather for •• Women Candlelight support vigil for non-marchers (women and men) at 8:00 p.m. begins at 8:30 p.m. with speakers Margaret Randall and Nancy Johnson. •• Rally Music and refreshments following rally. • FREE CHILD CARE PROVIDED! march All events will be held at Harriman Hall, which is behind the South Campus Metro Rail Station on the U.B. Main-Street Campus. Sponsored by U.B. Women's Center in conjunction with: University Heights Community Center, Anti-Rape Task Force, Women's Law Association, Women's Affairs, and S.A.S.U. April 20. 1988 The Opinion 5 �TheOpinionMailbox McClusky Takes Shot At Dean STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 1 April 20, 198f Editor-in-Chief: Daniel Ibarrondo Managing Editor: Donna Crumlish Features Editor: Andrew Culbertson Business Manager: Maria Rivera News Editor: Alexei Schacht Layout Editor: Damon Scrota Photography Editor: JeffMarkello Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, Zulma Bodon, John Bonazzi, Wendy Ciesla, Karen Comstock, Joseph Conboy, Molly Dwyer, Tom Gagne, Krista Hughes, Jennifer L. Krieger, Michael Kulla, James McClusky, Pat Miceli, Kenneth Neeves, Martin Sanchez-Rojas, Melinda K.Schneider, John Williams. Contributors: David B. Filvaroff, Richard Giacoma, Troy Oechsner, Keith L. Woodside, Dick Young. C Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. Editorial The recent commentaries on the "Faculty Statement Regarding Intellectual Freedom, Tolerance and Prohibited Harassment" as published in the April 15th issue of The Spectrum and the April 17th issue of The Buffalo News bring home the concern and attempts by UB Law to deal with incidents of harassment. UB Law is not alone in its attempts to deal with racist, sexist and homophobic incidents. This is a national problem plaguing many colleges and universities. The faculty statement was undoubtedly misunderstood by many. It should have been understood in light of the events that occurred in the 1986-1987 academic year. The racist and sexist attacks that occurred at UB Law should not be tolerated.To this end the faculty, following a national trend, attempted to deal with these incidents. Although the faculty statement was fraught with problems, The Opinion elected to applaud the bold move made by the faculty in its attempt to begin dealing with the problem of harassment against those law students who come here from groups which are underrepresented in the field of law. In a meeting on Friday, April 15th, held by the Faculty-Student Relations Committee to discuss the flaws in the faculty statement, more than eight out of twelve students who attended agreed that the policy should be kept but "tightened up." However, the main issue, which is how to deal with incidents of harassment was never discussed. The statement was dealt with as though it was an isolated action taken by the faculty to stifle speech and conduct. None of the students who chastised the faculty statement offered suggestions on how to deal with racist and sexist incidents at the law school despite their intense understanding ofconstitutional issues. The University of Michigan in an attempt to deal with similar incidents on their campus has put into effect a new anti-discrimination code. For the first time in its history, the university will impose penalties leading, and ranging, up to expulsion. The code prohibits any threat or act that interferes with a student's education or "creates an intimidating, hostile or demeaning environment" for any student because of his or her race, sex, religion or sexual preference. They too realize the problems involved but have decided to take action. Even closer to home, at New York University Law School, numerous untolerated sexist incidents led faculty and students to form a Committee on Sexual Harassment and Gender Bias. In a report prepared by the committee, awaiting faculty approval, the committee stated that the reason for such action is to "afford notice of the kind of practices the community views as inappropriate to the school's educational purpose." Endorsed by The Commentator, the NYU law school newspaper, the Editorial Board stated that "adoption of the report's rules will provide institutional support for an academic environment which nurtures and encourages individuality. Surely our academic freedom will not be compromised by the prohibition of conduct which intimidates and silences the diverse expression we seek to foster." In February 1988, NYU Law School, in response to the proposals generated by the Student Sexual Harassment Committee, held an Awareness Week which was aimed at focusing attention on handicapped rights, homophobia, racism, religious intolerance and sexism at the law school. Dear Editor, In a commentary entitled "SBA Should Trust Dean to Act on Position Paper" (Opinion 4/ 6/88), the author assumes that the SBA is sending a message to the Dean that we don't have any faith that he will respond in a satisfactory manner to our report. As an SBA member and a contributor to the report I can assure herthat is notourgoal. We recognize that the Dean does not have the final say on many issues facing the law school. This is especially true when we are talking about improvements which cost money. By sending copies to the SUNY Trustees and SUNY at UB administrators we can insure ourselves that they know that these concerns are the students and not those of the Dean. Sending copies to the Alumni Association and the Erie County Bar Association will hopefully encourage them to take an active part in helping us reach our goal of a better law school. Being an integral part of the Buffalo legal community, these organizations have a vested interest in the school. Their donations of ideas, time and money will be felt long after our threeyear stint is over. Further, by encouraging these outside groups to get involved, it will provide a vehicle for graduating students to continue their participation in the improvement of the law school. As a student at U.B. Law School I would also encourage the distribution of these reports in such a manner as to encour- The Opinion April 20, 1988 — one of the best) to take action you may need to pursue opportunities for external pressure. Though a complaint concerning the statement was submitted on January 7, 1988 the students involved received nothing but bureaucrat double talk for two and one-half months with the committee looking into it stating that they were unsure if they could act on it before the end of the semester. It took a call from noted First Amendment author Nat Hentoff to spurany action. (Incidentally, a column written by him on the "Statement" was published in the April 9, 1988 Washington Post.) If it will take outside action to spur changes the SBA should encourage the outside voices to participate. James P. McClusky Third-year law student Graduation Cap & Gown Protested Dear Editor, I'm not going to pay forty-two dollars for two hours' use of a cap and gown for the same reason that I'm not going to buy myself a thirty-foot tombstone. The only reason I can perceive why eitherof these wholly symbolic undertakings costs so much is to enrich some undeserving entrepreneur. I do not contend that all entrepreneurs are undeserving. But the cap and gown people at the school bookstore (and in the law school administration) have demonstrated themselves to be the commercial alter egos of those in the funeral industry. Both are aided in their legalized extortion by a minimum of capitalist competition at least there's some among undertakers. And both are making the most of the fact that you'll never graduate law school/die again. Thus, the bookstore clerktold me, "For this occasion you wouldn't want to be seen in anything less than our top-ofthe-line silk-lined casket, I mean cap and gown." Richard Giacoma — Student Criticizes NLG Activities Dear Editor, I feel compelled to write and express my admiration for the National Lawyers Guild. I am always in awe and inspired by things that go beyond my understanding. As you might imagine, there is much in this world that has earned my awe and inspiration, since there is much in this world that is beyond understanding. Yet, the NLG has earned a particularly notable place among these giants of the incomprehensible. Let me share but a few examples oftheir prowess in the field of the un- fathomable. Let me begin with kudos for Andrew Bechard and Molly Dwyer for their most recent articles in The Opinion entitled, "The End of Reaganomics, The Start of an Old Beginning." In this wonderfully entertaining article they describe "Reaganomics", wherein they say it (whatever it, in its totality, is supposed to be), "has turned millions of Americans into unemployed people, underemployed people, homeless people and poverty stricken people." This is one of those remarkable statements that I find myself utterly incapable of understanding. You see, The Bureau of Statistics has just come out UB Law School has taken a bold step forward in issuing its faculty with a report that states that statement. Students interested in the moral and legal issues inmore than one-quarter-million volved should utilize their talents in fostering the best educational new jobs were created last atmosphere in the study of law for all students. Perhaps one means month, and the country's unof limiting these incidents is by offering a mandatory social and employment rate has fallen to cultural orientation for incoming students, or make changes in the its lowest level since 1980. curriculum and/or faculty hiring to reflect the numerous contribuThe nation's economy has tions made by the under-represented members of our communities added some 15.5 million jobs to Western culture. in the last 64 months, and the 6 age the Dean to take action. Such action does not suggest lack of faith in the man, but lack of faith in the system that the man must act in. The committee, in submitting the report on March 1, 1988, requested the Dean to respond in the Opinion. Unless his response is in today's edition of the paper students will have to wait until next fall to see what our new "leader" thinks of our report. Surely six weeks is sufficient time to respond at least in a cursory fashion. It would have been a simple gesture to the third-year students acknowledging he recognized theirconcerns. Further, the current situation with the "Faculty Statement Regarding Intellectual Freedom, Tolerance and Prohibited Harassment" lends credence to the theory that when you want a bureaucrat (and the Dean is jobless rate has been halved, to 5.6% last month, from 10.8% in November 1982. I can only creditthese fine representatives of the NLG with knowledge far superior to that of The Bureau of Statistics. A less notable manifestation of their leadership, in the movement of the not-to-be-understood, is their statement, "Absent from the media is the 'yup- pie pom'" (I defy anyone to characterize 'yuppie porn'), "that dominated just a few years ago. Cover stories and analysis are being done on gay rights, discrimination, housing, poverty, illiteracy, [and] day care." Purely aside from what that statement itself is supposed to mean, I am astounded that (continued on page JO) Another Opinion onFaculty Statement Dear Editor: In the past several months, I have read a number of letters to this newspaper which expressed grave concerns about the Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment. Although I am certainly not an expert in thefield of constitutional law, it's not hard to see why. The statement blatantly violates basic First Amendment rights. However, I don't intend to elaborate on the substantive questions involved. I believe that certain students in this law school, as well as Washington Post writer Nat Hentoff, have done an effective job of laying the issue on the table. What concerns me is the silence on the part of the faculty. We have professors writing to this paper letters concerning the effectiveness of Contorts. Although the issue involved here is slightly more important than the existence of Contorts, not one faculty member has expended the time, or the effort, in an attempt to justify this I find this truly incredible. Even if the faculty believes that this criteria doesn't merit a response, it should at least indicate its position. Unfortunately, the faculty seems content to ignore the problem and act as if it doesn't exist. Well, it does exist. The faculty owes the students an explanation. Obviously, letters written by students haven't merited a reply in the eyes of the faculty. Perhaps an article written in one of the country's most prestigious newspapers is enough to change the faculty's mind. A law school which limits the First Amendment is the equivalent of a medical school that modifies the Hippocratic Oath. There's an old saying that captures the spirit of the First Amendment: "I don't agree with what you say, but I will defend to the death your right to say it." Apparently, the people who drafted and approved the faculty statement believe just the opposite. statement. Andrew Culbertson �Res Ipsa Loquitur by Daniel Ibarrondo Goodbye To You My Trusted Friends, And Readers... With deep regret I depart from the intellectual world of satirical musings that has characterized the writing style and contents of my column Res Ipsa Loquitor. Writing for the Res Ipsa Loquitor column has had its ups and downs. There were some law students who weren't pleased when I quipped at Law Review, Moot Court, the NLG, JAG Corps and so forth. Then again, there were some law students, especially the regular readers of my column, who enjoyed the articles and were able to see the humor of all that characterizes the law school experience. To this group of students I thank you for your suggestions and positive reinforcements. Law school is a quite uptight and pretentious place to be. The attitudes that are developed towards each other get worse once we enter our second and third years. One ofthe purposes of my column was to force us to look at ourselves and laugh a little. I'm almost positive that if we all were together during our college years the bond and unity that would've been created during that time would have been incredible. Fortunately, we are in law school and working to develop our professional careers. Unfortunately, the atmosphere that is createdleads us to create cliques and pass judgements about others. Intelligent humor and satire, I believe, is a good common ground to foster a sense of community and the bond that is truly hard to establish among us all. Working with the graduating and incoming staff of The Opinion has provided me with a prime example of the kind of relationships that the law school as a whole should develop. We are all individuals with differing opinions, views and career goals yet we are able to work together harmoniously as a team. We had fun times during layout, enjoyed each others company outside the law school atmosphere and provided positive critiques of each others' views and writings. We took things seriously when the time demanded it and we poked fun at each other. I don't believe that anywhere on campus one can find a group that operates with thecohesiveness of the Opinion staff. I will surely miss the company of Krista, Zulma, Idelle and Melinda. You guys have been marvelous to work with. It's good to know that The Guild Perspectives Opinion tradition and mode of will be enhanced with the incoming board members, Donna Crumlish, Andrew Culbertson, Damon Scrota, Maria Rivera, Alexei Schacht and Jeff Markello. I look forward to working and having fun with you guys. I too feel, as Kevin O'Shaughnessy, former Features Editor, aptly said before me, that the last production of The Opinion in the Spring semester is like watching the last episode of "MASH" on television. So long people and I'll see you soon. Feel free to come by the office and pitch in for operation layout. by Troy Oechsner NLG Explains Position On Arab-Israeli Conflict You just can't please everybody. As we anticipated, the NLG's campaign for human rights, peace, and justice in Israel's occupied territories and the Middle East encountered criticism and misunderstanding. We engaged in lengthy discussions before taking a position on this issue. Nevertheless, a few have criticized our stand as anti-Semitic. This is highly ironic considering that many of the NLG members who were the most supportive and active in our campaign are Jewish. It is reminiscent of the early days of Vietnam, where any criticism of American policy was dismissed as anti-American or even, God forbid, "communist." We in the NLG see ourselves as true patriots. We realize that criticism of a national policy may come from concern, love, and a deep commitment to the nation's founding principles. We also realize that blind support for national policies is disastrous. Although we support Israel, we will not become Israeli apologists when it has committed injustices. For the record, the NLG's position on the Israeli-Palestinian conflict has four basic points. First, Israel should adopt the fourth Geneva Convention regarding its treatment of Palestinians in the occupied territories. If adopted, the Geneva Convention would impose a basic minimum of human rights guarantees for the Palestinians, such as a right to some due process of law. Hopefully, it would end the officially sanctioned collective indiscriminant punishment, beatings, mass detentions, and killings of Palestinian people by the Israeli military (as well as the unofficially sanctioned murder of Palestinians by Israeli settlers). Second, the NLG supports Israel's right to exist. We feel that it is essential to any long-term peace in the Middle East that all nations and national organizations (particularly all Arab nations, the Soviet Union, and the PLO) recognize right of Israel to exist as the Jewish homeland). Third, all nations (particularly the United States and Israel) should recognize the Palestinian Liberation Organization as the legitimate voice of the Palestinian people. This is the point that seemed to cause the greatest amount of controversy and misunderstanding. We are not saying that we support the PLO's terrorist activities. The past PLO bombing of school buses, for example, was truly deplorable and barbaric. Likewise, we do not support the terrorist activities of the Israeli state. For example, the mass executions at Sabra and Shatila refugee camps as well as the indiscriminantbombings of innocent Palestinian refugees by Israeli warplanes using napalm and cluster bombs have been inhuman acts of genocide. The basic truth, like it or not, is that there are no good guys and no bad guys. There has only been a long and brutal history of atrocities on both sides. Thus, both sides must put aside their pasts and deal with each other in an effort to build peace and trust. Of course, this is easier to say than it is to do. But it must start with dialogue. The Palestinians must talk directly with those whom the Israeli people have chosen as their representatives the government of Israel. Likewise, Israel must talk directly with those whom the Palestinian people have chosen as their representative voice the PLO. The most popular argument against Israel recognizing the PLO is that the PLO exists only to destroy Israel. On ABC's nightly news of 2/13/88, PLO Chairperson Yassir Arafat said that the PLO is currently willing to recognize UN resolution #242 establishing the state of Israel. Arafat expressly stated that he would recognize Israel's right to exist in exchange for Israel negotiating directly with the PLO. If Israel and the U.S. continue to pretend that the PLO is some fringe group without nearunanimous support from the Palestinian people, then, as Arafat said, "There will never be peace." Fourth, there should be an international peace- conference with ALL parties concerned in an attempt to work out a lasting — — peace. The "Right" View The conference must start with the basic premise that both the Israeli and Palestinian people havea right to selfdetermination, dignity, equality, and peace. Therefore, as stated earlier, the PLO, Arab nations, and the USSR must recognize and support the right of Israel to exist in peace. Likewise, Israel and the U.S. must recognize the Palestinians' right to self-determination and that the PLO is their legitimate representative. If these basic foundations are not agreed to, there will never be peace. We have called on our elected Congressional representatives to work toward these proposals for peace. Hopefully, this article will clarify the NLG's position on this issue. We hope that all law students will keep an open mind on this and all issues. It is only through democratic dialogue that we, as American citizens and human beings, can build equality, justice, freedom, and peace. by James P. McClusky McClusky Opposed To Raising Hourly Minimum Wage A bill sponsored by Senator Edward M. Kennedy (D-Mass) and Rep. Augustus F. Hawkins (D-Calif.) seeks to raise the minimum wage, which has been at $3.35 since 1981. The bill, which will go to the full House laterthis month, calls for a minimum wage of $3.85 an hour in 1989, $4.25 in 1990, $4.65 at the beginning of 1991 and $5.05 by the end of 1991. (Many class of 1993 law clerks then rest assured that they would receive at least $.05 an hour higher than their counterparts in the class of 1988.) The sponsors of the bill want to help low-income workers. However, their solution, politically appealing on its face, will do more harm than good. Studies that have been conducted are in virtual agreement that a government mandated increase in the minimum wage would increase unemployment. One study, done by a Clemson University economics professor, predicts a total of 1.9 million jobs would be lost. York would be the number two loser behind Rep. Hawkins' state of California.) Though the desire to systematically increase the wages of employees up to 50% is admirable, it overlooks the realities of the world. An increase in minimum wage would force those earning more than minimum wage to seek raises to maintain their historical differences. The increase in wages being paid would have to come from somewhere. An employer would have three choices: (1) He could raise his prices in an effort to generate offsetting income. Hence inflation. The employee's income would therefore have the same purchasing power as before (though we would be able to say we have a higher paid group of poor people). (2) He could reduce fringe benefits. This would force employees to buy, on their own, insurance, etc. Their disposable (New income would therefore be the same or perhaps even less as employers can get group insurance and other fringe benefits at a cost less than it would cost an individual employee. (3) He could lay off 30% of his work force and replace them with automation or increase output from other employees. This, of course, would result in higher unemployment. It is true minimum wage jobs produce a paltry $7,000 yearly income, hardly enough to support a family. But, most minimum wage jobs are not held by heads of families. Minimum wage jobs are usually training grounds for the young. One third are teen-agers, 59% are under the age of 25, and an increasing number are semi-retired workers or second income spouses. (Perhaps those concerned with heads of families receiving a higher minimum wage should look into the possibility of tax credits as a more efficient alternative.) Today's America has an underclass of unemployable young people, particularly the minority youth. They are fighting drugs, adolescent pregnancy and illiteracy. They need jobs to fight back more importantly, they need job skills. One study, reported by the Federal Reserve Bank of Chicago, dealt with a hypothetical decrease in the minimum wage by 25%. It concluded teen-age employment would rise by 36%. This would offer a greater benefit than increasing the minimum wage. — To those who do not have the benefit of a college education and the many who do not even have a high school diploma, minimum wage jobs are their place to start. The young person learns the responsibility of a job and the responsibility of receiving a paycheck. These entry level jobs are the ones that will be eliminated by this bill. Will they have alternatives? How often do we see full service gas stations? They are increasingly self-service automated stations. The jobs that bred automobile mechanics are eliminated. Grocery being stores are also becoming increasingly automated. It wasn't long ago that I was a minimum wage bagger/stock clerk. Many of my co-workers who entered at the minimum wage are still in this supermarket chain with full-time jobs. Those who transferred into the more desirable jobs (i.e. meat-cutters), will be making more money than I will next year. My brother and his friends will not have this opportunity. With increasing wage costs this store now hires less than half the minimum wage workers that they did when I started. With an increase in minimum wage other employers will turn more and more towards automation, giving fewer and fewer opportunities to those in need of it. April 20, 1988 The Opinion 7 �THE OPINION MAILBOX from page 8 NLG Activities from page 8 these two were able to canvass the entire media to come up with their nebulous fact. I can only assume, they are implying that these subjects have never been covered before, another fact I was entirely unaware of. More notable is The Guilds recent handling of JAG's campus recruiting. While forever expressing their belief in free speech, free exchange of ideas, freedom of choice etc., The Guild arranged to have as many people as they could fill the spots for interviews so that no one could actually hear what the representative of JAG had to say, so that no one could make a free choice, so that an exchange of real ideas could not take place. tain they would find some powerfully inventive reason for calling it a dastardly deed. These small examples of The Guild's mastery of double speak might be enough to sway us (we many with so limited creativity) to rush and join the o excuse me, rank ranks of The Guild, but these are nothing compared with the Grand Coup performed last month by this enlightened organization. .. .. As many of you will recall. The NLG had a table in front of the Law School library. Above this table were several signs stating what the objectives of the organization were with regard to the petition they were asking people to sign. The largest of these signs read, "Help Support Israel's Right To Exist." Upon reading the petition one finds no mention of Israel, but only references to Palestine. What could it mean! The petition was in support This was a truly wonderful pardox beyond my understand- ing. I would relish the opportu- nity to see their reaction to that same tactic being used against one of their pet causes. I ameer- of the recognition of the PLO as the legitimate representative of the Palestinian people. This is particularily interesting since the PLO has vowed the destruction of the state of Israel. One young lady, who was handing out the petition to passersby, was able to explain, "We support their (Israel's) right to exist somewhere else. "Ah! The utter brilliance of it shines through. In closing, I must point out that The Guild held their pot luck dinner April 8. They encouraged a "diversity and plurality in menu and ideology." If their idea of encouraging diversity in menu is anything like their idea of encouraging diversity in ideology, I can imagine the entire group was served a single course of gruel. At the very least, I am certain none of the courses consisted of humble pie. Keith L. Woodside First Year Law Student Dean Filvaroff Compliments World Hunger Interest Group Dear UB Law Students, Faculty, Staff, and Friends: I personally want to compli- ment the World Hunger Interest Group at UB Law School (WHIG) for its work in the cause of relieving worldwide hunger. WHIG's organization of the third annual "PRIDE in Buffalo" campaign will benefit both local and international agencies and is part of a nationwide student called campaign "Hunger Cleanup Day." The number of volunteers in Buffalo last year placed it 11th among the 52 cities participating in the project. That is a proud record and presents a challenge for this year; let us hope that there will be an even greater demonstration of stu- dents' selflessness and concern for humanity in 1988. The involvement of WHIG at at theLaw School is much more than a symbolic gesture of goodwill; it is a significant contribution to the welfare of people throughout the world. I hope that other students, faculty and alumnae will be encouraged to join with WHIG and contribute to this important effort. Sincerely, David B. Filvaroff Dean P.S. For more information contact: Krista Hughes Box 738, #688-9130 Peter Berkery Box 314, #877-9498 Law Revue Forrest Strauss of "Tommy and the Tortfeasors" Jeff Mueller and Michael Jackson woos the audience with their on piano electronic music. Marty Pelein of "Playthings of Alien Powers" moves the Tralfwith his powerful voice. .. Daniel Ibarrondo and Michael Wroblewski of the "Down by Law Crew" rocks the house . and mikes. Nick Brodich of "Tommy and the the wails with his guitar. Tortfeasors" tears Marty Schwartz amazes the crowd with death-defying juggling acts. Kelley Omel accompanied by Michael Jackson treats us to her joyful vocals. 8 The Opinion April 20, 1988 The "Hot Cargo String Band" accompanied by Sara Nichols makes annual appearance. �THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE INTENSIVE 1 QUESTION REVIEW: Over eighteen hours of in-class by law school professors question analysis experienced is an integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost NARRATIVE TEXTS: The law 2 explained 3 you need to know for your bar exam is for you—not outlined—in our comprehensive texts. UNPARALLELED CONVENIENCE: Preparation for the bar exams of nine- teen jurisdictions is available at over 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR California Colorado Connecticut Dist. of Columbia Florida Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey Rhode Island Texas New Mexico New York Pennsylvania Vermont Virginia If you plan to practice in any ofthese jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. fvJwj?mY irM IL(IKAPLAN-SMH v mm,i **mmww IBAR REVIEW SERVICES (800)2231782 (800)343-9188 See your Campus Rep, orcaU^l buffalo area stan,ev H Ka p ,an Ed <*• "<j. 1330 Niagara Falls Blvd. Tonawanda, New York 14150 (716)837-8022 ©1987 Kaplan -SMH April 20, 1988 The Opinion 9 �ILS Conducts New Student Survey! by Jennifer L. Krieger Recently the International Law Society conducted a survey to measure student interest in international law and to determine which courses, if any, they would be interested in taking. Briefly, the results of the survey are as follows: Law Students Responding: 117 1. Are you interested in international law? Yes—lo2 No —15 2. Wouldyou like to see more courses in international law offered? Yes —102 No —10 No Response — 5 3. Would you like first-year students to have the option of taking a course in international law during their spring semester? Yes —69 No —37 No Response —5 Undecided —6 4. Would you like to see a course offered in international tax? Yes —69 No —36 No Response —7 Undecided —3 5. What courses in internationallaw would you most like to offered? International Commercial Transactions (seminars) International Comparative Law International Human Rights International Tax International Trade/Antitrust International Organizations Immigration U.S. Foreign Policy Issues Diplomacy Conflict of Laws International Finance Clinics (Immigration, Appeals of Foreign Defendants) International Labor Law Environmental Intellectual Property Protection Telecommunications International Legal Research see .... .. 15 12 10 7 7 7 7 5 4 4 3 3 3 3 2 1 1 6. Comments: "It is embarrassing how deficient U.B. law is in the area of international law." "This school should take note of the increasing importance of international relations, particularly international commerce." "This is a growing field which should be recognized with further course offerings." "I support curriculum reform in general and feel that a program in international law would be an excellent place to start. But let's not have the professors teach courses we can please get in other university departments, e.g., political science department. We need law courses." "I would very much like to see a three-year program in international law." — "We should be required to take international law in the first year." "U.B. is situated near the busiest border crossing between the world's largest trading partnership. One would think that this would be an appropriate place to build a strong international law program. This is especially true given the potential impact of the free trade agreement should it get ratified." "I am very interested in international law. Any courses offered would be most appreciated." "There seems to be several professors interested in a 'One World' community, yet there's no real push for more courses in international law; rather, a very parochial approach to the law." "Please do something (U.B.'s needs are dire)!!!" "We need more CDO guidance in this area. International law is very important because our world is getting much smaller." "Work out a program that encourages students to refine/learn foreign languages." "Coverage of current events, i.e., Kurt Waldheim, etc., would be very interesting and I think more of an opportunity would be available in smaller courses." "We need a broader curriculum." "While I'm not greatly interested in international law, there should be more courses offered to those who are interested." "While I am not personally interested in international law, I think it's important for people to have the option of a wider range of classes in the area." "There appears to be a lack of direction for course offerings and a lack of student understanding of what they should or should not take." . "This school has many cross-cultural programs which would be useful resources in acquiring a deeper understanding of international relations importance of international relations, particularly international commerce." .. LALSA Finishes Eventful Year We, the Latin American Law Students, have sponsored several events this year which were designed to enhance the law school as well as the Hispanic community. We sponsored Law Day along with BLSA in an effort to promote the idea of law school in the minds of aspiring minority students. In the hopes of addressing the problem of the lack of Latinos in the world of academia, LALSA designed and executed a day-long Hispanic Outreach Program which was attended by many of Buffalo's most prominent Hispanic community leaders, including UB Law School alumni Judge Raul Figueroa. The junior high and high school students who participated in our event enjoyed tours of the university, one-onone exchanges with LALSA members and a Moot Court presentation.The students were as impressed with the day's success as we were. Although other organizations may be larger and may conduct many more flamboyant events, we at LALSA are hoping to increase our membership and we are hoping to continue funding key programs that will help open communications with the Law School and with the Buffalo area. We look forward to continuing our efforts and welcome everyone in the Law School to join us in our endeavors. The Executive Board of LALSA Orientation Committee Needs Help by Melanie Jenkins and Damon Scrota The newly formed orientation committee for the fall of 1988 needs help over the summer to prepare for the upcoming onslaught of first year students due to arrive in August. The committee's faculty organizer/supervisor, Aundra Newell, facilitated the selection of cochairpersons and subcommittee heads in the first meeting held on Monday, April 11. However, this committee is fully run by students. The committee is co-chaired by Jenkins, Melanie Michelle Eggenschiller, and Scott Tompsett. It is composed of eight subcommittees, which include fundraising, housing, informational packets, social activities, printing, small groups, speakers and t-shirt/promotion. Anyone with ideas is urged to submit them as soon as possible to one of the three chairpersons. The committee will be holding another organizational meeting this week so be sure to be on the lookout for details on time and place. All who are interested in having input or helping out with Fall '88 orientation are urged to attend. All of you outthere who will be in Buffalo over the summer should come to find out what to do with all of your spare time. You wouldn't want to stay away from O'Brian Hall too long, would you? Peer Tutorial Provides Support Service If you have exam anxiety. Peer Tutorial Project (PTP) may be able to soothe your nerves. PTP is a volunteer organization designed to provide support services for first year law students. Recently it sponsored two workshops to familiarize students with the registration process. During the final weeks of the semester it will provide a referral service for students with questions about their courses. If you are a first year student and would like help with a course, stop by Room 509 and fill out a tutoring request form. A second or third year student will contact you to arrange an appointment. (This article has been published to comply with the SBA By-Law 13 requirement.) Oechsner Denies JAG Statement Dearest Shawn: In response to your response to my response to your letter regarding JAG Corps: I can only say thatI never said you had no right to say what you said; I only said that what you said was wrong. I would say it again but I don't want to repeat myself. I would say it again but I don't want to repeat myself. Your Buddy, Mr. Oechsner Tobacco. from page 3 Dr. Blum says hundreds of newspapers will not run stories or editorials supporting a ban on cigarette advertising because they are afraid of losing the revenue from tobacco advertisements. advertisements Cigarette reach millions of people weekly in magazine and newspaper ads alone. Newspaper tabloids are a prime example of the reach of cigarette advertisers. "The only advertisers in these things besides prostrate rejuvenators and bust developers are the tobacco companies, these publications reach upwards of 8-10 million people per week." Dr. Blum also says many newspapers ignore any attempts that are being made to ban cigarette advertising. Bill C-51 is being debated in the Canadian Parliament right now. "It is the most progressive piece of anti-smoking legislation in the world today." If passed the bill would put a ban on all cigarette advertising, yet the U.S. press has given it minimal coverage. Another major concern of DOC is that cigarette advertising is aimed at the most susceptible groups in society. One of these groups is children. Young adults in our society are eager to be a part of the image that cigarette advertising presents. Dr. Blum states that Marlboro cigarettes are the number one selling cigarette among young people. "Kids are buying 'Marlboro', not cigarettes, it's all image." Another groupthat the advertisers are aiming at is the low income and minority sectors of our population. Dr. Blum is dismayed that cigarette advertis- ers buy the space on most of the billboards in the lowincome and minority neighborhoods, where cigarette sales are high and people tend to be less informed about therisks of smoking. DOC is presently trying to raise ten thousand dollars to send the U.S. Boomerang team to the World Championships in Australia. Rather than wearing the Marlboro or Budweiser patch on their jerseys, they would be wearing an antismoking patch. This is an attempt to counter the typical sporting event which is sponsored by a beer or cigarette company (Camel GT, Virginia Slims Tennis Tournament). Dr. Blum hopes that this will be the first ofmany U.S. athleticteams to go overseas with a health oriented, rather than a health hindering sponsor. U.B. Law School Gray Chair Women's Studies • presents The Margaret Randall Case: The Fight For Free Expression Speakers Margaret Randall Internationally renowned poet, photographer, author and teacher David Cole - Attorney with the Center for Constitutional Rights Friday, April 22 W 10 ■ 415 Srrmli A.roM. Mlc62 Nnr Vocfc. New York 10001 (2U) 5»4-3Wt (10l)t23-3W The Opinion April 20, 1988 • , 3 5 pm Moot Court Room, O Brian Hall Let Randall and Cole updateyou on Margaret Randall's fight forher FirstAmendment rights and against deportation under the McCarran-Walter Act. Reception to follow. �Latin American Scholars Denied Entry Into U.S. by Martin Sanchez-Rojas Ever since I came to the law school here, I have been attempting to bring to this University, and others throughout New York State, with the help of many people, a writer an extraordinary writer by the name of Gabriel Garcia Marquez. — He is without a doubt Latin America's greatest living writer. He has received worldwide recognition and has won the Nobel Prize in Literature. He has also won the most important literary prize in the Western Hemisphere annually given by the publishing house of Casa de Las Americas. Many of us in this university have probably read his Hundred Years of Solitude or other important novels or short stories. Many of us have probably seen his films, maybe the acclaimed Erendira. Many of us have probably seen an interview he has given to the television networks. But the Department of "in"Justice under the leadership of that great constitutional scholar Ed Meese has prevent- . Ed this great artist and social commentator from entering this country. At fault is that ancient piece of legislation which was created in the 1950's commie phobic epoch, the McCarranWalter Act. Passed over the veto of President Truman, who claimed it to be "inconsistent with our democratic ideals and not compatible with our system of justice," it states very abstractly that it would prohibit absolutely the entry of aliens who may engage in activities that threaten the welfare, safety, public interest or security of the United States. The following people have been excluded from entering this country because of this bogus contention: Former Canadian Prime Minister Pierre Trudeau, former NATO officer, Italian General Pasti, who belonged to the World Peace Council. All he wanted to speak to you about was the horrors of nuclear war. Pablo Neruda, one of Latin America's greatest poets and Nobel Laurete, had also been excluded from entering theU.S. many times. There have been many Italian artists and scholars like Primo Levi, Dario Fo, Franca Rama and Alberto Moravia, who have been excluded. Even a former French minister, Regis Debray and his philosopher, Michel Foucault, have been excluded. But more often than not these exclusions have been "applied" on Latin Americans. The case of Colombian journalist and Columbia University graduate Patricia Lara was an outrageous, but clear hint at the arbitrariness and stupidity of this Immigration law. . I was just thinking Don't Ken Neeves and Co. have better things to do than sue SBA for taking a stand on important issues? His claim that his student fee is being misused is for the birds. My tax dollars go for repression of the Sandinistas, for weapons for Iran, for SDI deployment, and other equally repulsive activities. That's the essence of democracy: the people elect leaders who decide how to spend money.lf the activities the NLG and others were so outrageous, why were they voted the activity money? Neeves is grasping for straws. But then again, his is "the right view." Oops, I forgot. The musical scores heard at the Law Revue were fabulous! Brian Drier did Billy Joel and then some; Joe Rizzo had a James Taylor quality that surpassed JT himself; Kelley Omel sounded lovely, as was expected; and Ginger Schroder was marvelous. Dan Ibarrando's duet was ah we 11... urn . ... ... Kudos to A&R for doing Spring registration. Not only that, but the first-time effort went well, by all accounts. Nice job, Sharon & Co. I think too much of a fuss is being made over the faculty statement on harrassment. Sure, it needs to be reworded and refined, but its message is a necessary one. Intolerant, bigoted buffoons such as the kiddies who put sexist notes and mutilated toy animals in certain female students' boxes are the problem and do need to be dealt with. While the Bill of Rights shouldn't be suspended, the rights of women and minorities harmed by these jerks shouldn't be either. Michael Dukakis will win New York 47% to 31% over Jesse Jackson. Al Gore will be history after the primary here. The day after the day this paper comes — — out he should drop out. If he stays in he'll be hurting his chances of getting the V.P. slot, by denying Dukakis those delegates as well as by his certain continued poor showings. Why is it thatstudents do nothing to effect real change in the pathetic parking policy here at UB? We continue to park illegally due to the shortage of spaces, get tickets, pay them, and gripe. What ever happened to those days of sit-ins, protests, angry encounters, assaults, firebombings, shootsorry, got a bit carings, urn ried away there, but thinking of President Sanctimonious, ah I mean. Sample will do that to you. . Is Geraldo Rivera the most disgusting display of sleazy, trashy, hyped pseudo-journalism we're likely to see in our lifetimes or what? Anyone who disagrees should have seen his special on murder last week. His disregard for the truth was outdone only by his penchant for talking tough to Charlie Manson. If only Charlie had made it ten . While this university looks like a big corporate center now, I think it will improve with age. The small trees will grow, and give the concrete landscape some character and definition. And who knows? Someone might dynamite those two ugly Engineering buildings, which are even more ugly than all the rest of the solid brick buildings with the tacky reflecting glass put together. — — I like Audrey in CDO, but her decision to allow the military to recruit here is both disturbing and unacceptable. As a veteran of our nation's armed forces, I can attest to the bigoted, racist, and homophobic mindset of our fighting boys. Believe me, there are few enlightened minds in the military. And I was in the Air Force, the "best" of the four branches, The accord requires that countries facilitate the free flow of people and ideas. For the right-wing, commie-phobic, reaganites, please do not bother to use the argument of "but the Soviets are ..." Recently several students here at the University of Buffalo, under the auspices of the Committee of Latin America, extended an invitation to a human rights activist to come and speak to the students and faculty here at SUNYAB. Maria Teresa Tula, a human rights activist from Central America, was invited to the United States to receive the 1985 Robert F. Kennedy Prize for her work with the organization Comadres, but the INS and the State Department refused her entry. His name is Osiris Villalobos and he is from Honduras. He is a political refugee living in that great democracy of Canada. He has lectured throughout Canada and spoken on television. There have been other writers like Julio Cortazar, Ernesto Sabato, Jorge Amado, Angel Rama and Maria Traba, who have been declared personas non gratas. He presented the letters of invitation to the U.S. Consulate in Toronto, who promptly refused his petition for a visa. The absurdity of his visa denial is so outrageous that surely the Everything You Wanted To Know by John J. Bonazzi So what is the problem?Well, this act usually discriminates against Latin Americans and it goes counter to the provisions of the Helsinki Accords in which the United States is a signator. by far. Discrimination is inexcusable, especially on the part of the government. Period. CDO's argument that they do not wish to deprive students of a career opportunity is as weak as Reagan's mind. If students wish to talk to the JAG boys, they could meet them down the road at the Marriott. If the Pentagon can spend $400 for a hammer, it can spend half that on a conference room for a day. What isthe monument on the shore ofLake LaSalle supposed to be? Three tall columns and a few short ones. Am I supposed to guess what it all means? OK, I give up. Wouldn't it be great if just once a law student were to attend a Marino/Pieper/Barßri propaganda meeting and blast the capitalist pigs who suck our money while giving us very little substantively, except for short-term memory and a Of psychological boost? course, that will never happen. Law students are too busy stuffing their faces with pizza. I know of many, many stu- dents who are upset with the current Law Review selection process. Despite the interest of all these students, the editor snobs on the sixth floor didn't have the decency to address an issue many students including quite a few Law Reviewers themselves are concerned about. Maybe the new editors next year will be less elitistand show more respect for the students. Maybe. Naw, probably — — not. The Boston Red Sox will win it all this year. They have the pitching, the bats, and some speed for a change in their new guys. Most importantly, they don't have Billy Buckner anymore. The Celtics will prevail over the hated LA Lakers, too. The Lakers are good, but the Celts have Bird, a bench (unlike last mind of the Consul is too small to admit it. Osiris Villalobos was going to come here to speak to you about the recent shooting of Miguel Angel Pavon, a human rights activist, and Moises Landaverde, president of the Teacher's Association of the Northern Region in Honduras, which occurred in January of this year. These assassinations followed two other significant killings. The displacement of poor farm families when the U.S. Defense Department or our National Guard or the Nicaraguan Contras take their land without compensation, was also going to be a part of his talk. Also, he was going to speak about the attempts to assassinate and then discredit Dr. Ramon Custodio, president of the National Committee for the Defense of Human Rights. As students and concerned citizens, you should all protest these blunders by the State Department and the INS. Do something about it, please! . . . About Everything year) and they're healthy. It'll go 7 games, but it'll be the Celts. Oh yes, and I'll take all wagers on that. Ed Meese should be sent into internal political exile. The Soviets have Siberia. We have Oklahoma. Let's put that state to some good use. Meese is an embarrassment, unacceptably unethical, and further proof that Ronnie is mush. Another good reason to have elections. The poor guy's frontal lobe just can't take it anymore. . If I hear one more person talk about the goons on the Boston Bruins Did you Buffaloons ever hear of the likes of Halkidis, Maguire, or Gilles? They are better suitedforthe Erie County Holding Centerthan they are for the playing ice. but I must admit. Miller and Shoebottom are goons, too. .. Jackson . One day, there will be no final exams, as they have been shown to be poor and unreliable indicators of true accomplishment. One day, we will be judged in the exact same manner as we are judged in the real world, by actual accomplishment on intensive analyses of issues. One day, educators will put in practice what they have known for years and examine our true ability and not our testtaking, time-management, or studying skills; it's the former, and not the latter, which matters. One day, we will not have exams. One day, we will not have grades. One day, we will have students far more concerned with getting an education than with getting a job. One day. Have a great summer, y'all! from page 4 of the Democratic Party white vote. Can you imagine how many Independent and Republican whites are going to vote for him? If he's lucky, he'll pick up 4%-5% of them. Maybe. This nation is less than 25% black. Winning 95% of those votes does not add up to victory. It adds up to only thing: President Bush. While one yearns for the day when, to quote Martin Luther King, people "will be judgedby the content of their character, and not by the color of their skin," and while it is appealing to try to push that day a whole lot closer with a Jackson vote, it is also a self-defeating proposition. There is a real possibility of finally wresting control of the White House away from the current sleazy, incompetent crew. After eight years of record deficits, needy people program cuts, and devastating foreign policy decisions, the opportunity to get our great nation back on track should be seized and not lost. — That decision is up to Jesse Jackson. He should place the party's needs, indeed all of America's needs, over his own. Hllllllillllllllllllllllllllllllllllllllllilllllll _ H p C S • PROFESSIONAL TYPESETTING OFFSET • PRINTING • FAST SERVICE . . • COMPETITIVE U PRICING M ,¥l MANY • DIFFERENT E S • TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! 3171 Main Street LdtKO nT^/XK^ r ,TpTrprjl/p n rsi c'tjP) But,al °' NY 835"0100 1676 Nia. Falls Blvd. (tcross from K-Mtrt) Tonawanda, NY 834-7046 IlliflllllllllllllllJflllllllfllllflllllfllllllllllllllilll April 20, 1988 The Opinion 11 �CONGRATULATIONS To The Class of 1988 s4ssociaiey^Uectafi/ Steue4i/ (otlcxi/ dine/, e>sw., s4ssistant/^kecto^ - BAR REVIEW t- 1988 BAR/BRI 12 The Opinion April 20, 1988 �Legal Community Billboard 11/ Mandatn . y IN 1/ pj dl I d ° ' ca s wi/i 5e „.• • / / n li can "Me Doctor" pi ,n I office immediafcve " Vai*off's II v foliowjiip I co 'Wencenient. IJ 1 J il c • 11.1 |h IJi I/W V i" * i|i / I H 1• Iμ J 111I '^^^^^^M^ ' 11 W I ilf ' The in the I\l ' -" I_^^^T ■ , ' (,w/"de your fien R ? ~ ' I1 I I 1 ' |||/t Neither reuuard applies to his seminars LUe frequently hear "he's much better IlUi , icoi^ ?ffSK" , fS *" coM ece n compi«" ,72 to night CONTEST III II| ; n sreujQrc, isinaddition to the $500alreadu offered Pr f fl bert to Qn V° ne able to find the ooinior any of those nhnuo «~h i obove-noted ramblings. j,. !L ume s lounyc men floor sec^o^ng I A toe nn 00 Reward is being offered b h the SBfl for °V any information leading to the comprehension of any of Lee filbert's I C hUreS for the years 1 980 to 198fi • elusive. " Entertainment sing/ng sW will be 1 it 1988toFeb. 28, 1989. Once again, students will be able to trade a new or slightly burned bulb forany five volumes in the library s rare books collection. Ona related note, fund-raising plans are also being formulated to assign whitecanes an d dark glasses to all students upon graduation by the year 2024. Now, if they could only do something about the buzzing Anyone finding any asbestos in the law library is requested to return it to the circulation desk ASAP for a full refund. Environmental Law Credits will also be -^^^^^^^w *tag "I" MmWk **« «omP ,o, ' C "c" d6 evA dute sW» w,M *« noone*>« be * "S^S-* e,r uses foortWueW° tt\o9 this v^ 1 aftM v °" M iJJ.J J/J April 20, 1988 The Onion 13 �:: w | M |H| I Jμ :S; p */£'-' - iiJiif -.vVwMiwjÙ-- Bh. HbHk :;: ■'•' : 1 -v -v. : : esiJß&: Something to offend everyone. I loved it! **** —Rex Reed / give it 2 3A chairs ... 2 for creative madness and 'A for "off the wall" —Doug Smith Ooooh, Victor! —Randi Naughton 14 The Onion April 20, 1988 xs»|T™ R & ■:■:■:■ v '' ■■ #*v ' ' J ,, ' + SHE SB , Aipp^ :■ ■ ■■ ■• ■ ;i ■■ ■.'■'■ ■ jplli H MB >wUli-: Ss^vi^Sils*!;-**-''^ '-aBR wM- 111 ■ ■-■•" : ■ vzd&SiL ■ iSgi ■ NO WAY! Audrey K. entirely too sophisticated for this part. And the guy they hired to play her husband!!. . . Rβ ■■ $3& SB Ik A house renovation gone wrong from the first nail. —Bob Vila -Robert Ebert , . / pick it and r• ■ I'm always right. —Irv Weinstein Victor Thurony l fl™ r CaSt in t role! ■■ the ■ _ Gene Siske| � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-04-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/6/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f3994acbf78a931f34551a7fdf1f4b50.pdf 8f383cb7f1699f6cf66da53034849759 PDF Text Text Othoef PINION FINGER THE Marijuana Use in Law Library Confined to Spill-Proof Bongs by S.A. Cole Law Library officials have recently announced that cannabis use in the law library is to be restricted to Spill-Proof Bongs, effective immediately. "You have no idea the damage bong water can inflict upon a law review or material in the loose-leaf collection," said one staffmember. "Once the resin dries on the page, you can kiss that book good-bye." The new policy is hardly surprising, coming as it does in the wake of the law library's contraversial spoon-and-needle ban. "First we had people cooking up in here. Well, the new heroin policy took care of that, but thenwe hadall these seeds and roaches scattered all over the place. It was more than we could stand," said someone at the Reference desk. Concerned students are collecting signatures to prevent the library from further restrictions. "I don't know what I could do if I couldn't snort coke in thelibrary, " said one anonymous IL. "Now that they've taken my smack away from me, that and crystal meth are the only things I can count on." But library officials are quick to assure students that amphetimines will not be barred from the library any time in the near future. "Students on speed always bring their books back on time," stated another staff member. "As long as you don't overdose with a book out on reserve, the library has no problems with uppers." Spill-proof bongs will be available in the law school bookstore by next week. Compulsively erudite pot-heads can go to the bookstore on Tuesdays and Sudays, any time between 4 and 4:15 PM, to pick out a spill-proof bong of their choice. Bear in mind that the law school bookstore is only accepting rare Spanish dabloons as legitimate currency at the present time. Deans Discovered to be Animatronic CDO Announces Spring Fashion Line Robots from Disney Land S.A. ColeHeads were turning at this year's runway for the Career by Russ Klein UB Law School was thrown into chaos this week when it was revealed that the male deans are really animatronic robots from Development Office's Spring Fashion Show. The show, featuring designs and tailoring done by the notorious design house "The Sixth Level" right here at UB Law, was a fiesta of colors and cutDisney World's "Hall of Presidents." ting-edge legal fashion. "The robots were stolen some years ago, and although we Skirts were short and colors were conservative as UB thought that some of the law school faculty at UB had a strong Law's leggy models made their way down the catwalk. Strutting resemblance, we could never put the two together" said Michael their stuff to the theme music from "Jaws," our future lawyers Eisner, chairman of Disney. "But then we were doing a tour of the made quite a sight in their dark blue, black, and dark grey suits school, and we heard a strange noise coming from the office of without pin stripes. someone claiming to be Dean Olsen." The show was narrated by staff from CDO. "Notice," Preliminary reports indicate that "Dean Olsen" was resaid one narrator, "the lack of any individual or personal touches peatedly banging his fist on the table and shouting "I am not a in this next stunning outfit, a part of the 'Bland Your Way To The crook" over and over. It was revealed that Dean Olsen was from Stars' fashion line. Pay particular note to the shoes, which are just the display called "Young Richard Nixon." like everybody else's here today." Initial suspicions were aroused when "Dean Boyer" was For the final part of the show, audience members were mumbling something about his "assassination" and his bitterness given tips on how to look like the models on the runway. "Spend with dying in a "God awful city like Buffalo." Suspicions were a lot of money," suggested the MC for the evening. "Spend a lot confirmed when the unit shorted out and the secretary found a tag of money, read a lot of fashion magazines, and don't look like a inside the shirt revealing the robot to be William McKinley. freak. It's the only way you'll ever have any value in this world." The robots will be returned to their proper owners. The show ended with a standing O' for the CDO. SPECIAL APRIL FOOLS 1998 WRAPSHEET...REMOVE WITH CARE �Moot Court to Send Team to This Year's Kubitan by S.A. Cole Competition UB Law's very own Moot Court Board will be sending a four-person team to Osaka, Japan, for this year's fight-to-the-death Kubitan Competition. The Kubitan, a centuries-old, no-holdsbarred bloodbath, is a challenging new step for the all-3L team. "Each of us has very different strengths—strengths that we intend to triumph with during the competition," said 3L Titan Maximar. "I personally have developed my very own patented special move-the rhetorical cut and thrust. It should be quite deadly." In the Kubitan, martial artists of all disciplines flock to Japan to fight for honor, and to kill people. Some readers may recall a fictionalized account of the event in Jean-Claude Van Damme's movie, Bloodsport. "I've been studying Van Damme's moves in the movie," said Jacosta Wiley, another team member. "I've been developing an anticipatory move much like his double-snap kick in the film. Hopfully, what worked in the movie will work in real life." For this sport is all too real. UB Law's team, realizing the gravity of the event, has been in hard-core training since the beginning of the year. "I haven't eaten anything but raw eggs since last September," said Colin Bishershawn. "I'm going to Osaka ready to kill." The team leaves for Osaka in just two weeks, equipped with hari-kari knives just in case the don't win. Make sure you wish our 3L's luck as they board the plane. Student Masturbator Speaks Out! Secretly meeting with a reporter in the basement of O'Brian, the notorious undergraduate who has come to be know as the "Law Library Masturbator" gave this interview to the Opinion. He has requested that we respect his anonymity, but consented to the interview because he is convinced as to the importance of his message. Presented here, for your review, is his full interview. OPINION: So.you're the law library masturbator, huh? LLM: Yep. OPNION: And, uh, why did you masturbate in the law library? LLM: Well, I'm nineteen...l pretty much masturbate constantly. I mean, I hope nobody at the law library took the masturbation personally, because, like, I masturbate everywhere. Like, in my car, in class, on dates, at restaurants, in the chemistry lab, at meetings with my therapist...you could say it was my lifestyle. OPINION: In other words, masturbating is the way you prefer to live your life? It's a fundamental part of your identity? LLM: I guess so. I mean, I didn't choose to be this way, and some people suggest that I'd should behave like other nineteen-yearolds and just have sex all the time. But that just isn't my thing. So I masturbate a lot. But, you know, it opens you up to a lot of persecution. OPINION: I'm sure it does. LLM: People just don't accept me for what I am. OPINION: Uh-huh. LLM: So, in conclusion, I just want to say this to the students of UB Law: when you think about the 14th Amendment, think about the law library masturbator. Ya know, I'm a citizen, too. Entertainment Law Society Hosts Symposium on Adult Entertainment by S.A. Cole Last week, the ÜB's Entertainment Law Society hosted "Unlawful Entry," a symposium on Adult Entertainment. With guest speakers such as Larry Flynt (Hustler), Hugh Hefner (playboy), Christie Canyon (producer/director/actress), Tracie Lords (exporn star), and Andrea Dworkin (angry feminist), the event was a huge, quivering, salacious success. The first speaker, Larry Flynt, began his speech "How to be a Total Scumbag and Look Like a Hero," to an attentive but quiet crowd. Things soon picked up however, as Flynt backed his wheelchair across the stage and announced the surprise arrival of "My personal nemisis and yours....Jer-ry Falwelllll!!!" The audience soon got more than they bargained for as Flynt and Falwell squared off to finally make their mutual distaste for each other physical. Just before Falwell was about the choke Flynt to death, muttering, "If God wanted there to be a First Amendment, he wouldn't have given me hands to choke you!," Hugh Hefner stolled out on the stage, handed each a cigar, and delivered his talk "If You Just Read the Articles, I'd Be Out Of Business." The final event was a women's roundtable discussion with Christie Canyon, Tracie Lords, and Andrea Dworkin. While Canyon sang the praises of women's empowerment through adult entertainment, and Lords told the audience why she no longer participates in the industry, Dworkin fought hard to convince the audience that porn should be eradicated. "Why does this country spend billions of dollars a year on this industry?" Dworkin cried. "I spend all my time trying to legislate this stuff out of our lives, and yet the money pours in. Why do americans spend so much on this filth?" One enterprising 2L yelled back, "It's because of all the legal fees." That ended the roundtable discussion. Second Working Computer Discovered by Russ Klein Students working in the 4th floor computer lab have discovered that a second computer actually works properly when turned on. While trying to finish her appellate brief, an anonymous 1L made the startling discovery. "I went into the computer lab, but it was remarkably empty — but then I realized that the one person doing work there was using the only working computer." Lab administration was stunned. "We hadn't planned to have a second operational computer until November 1998 this puts us way ahead of our schedule, and we expect to have a lab full of modern functional intel 386 computers with Windows 3.1 now available by March, 2009." Meanwhile the lab was making prepatory plans to supplement the two working computers with 2 Commodore 64s and one Coleco Adam. "We feel that with the addition ofthose three computers, our law students will be well prepared to compete in the outside world." Student reaction was remarkably positive: One 3L commented that "this is great! This place is quieter than the library! Whenever I go to the library, I hear tons of typing from all those web servers. But here? You never have to worry about a lot of keyboard noise." — SPECIAL APRIL FOOLS WRAPS lIEET... NOT TO BE TAKEN SERIOUSLY �Lonely Editors Up For Grabs—Find Love Through the Opinion Don't 1 Voo. I T vast I \_o\/e I THEM7 '?S With Spring rapidly flowing through the veins of every UB Law student, thoughts of tax and torts are no doubt turning to thought of lust and love. But who has time to throw aside their textbooks and search the streets for the special someone? Well, fear no more, stalwart and sexy law students. The Opinion staff is here to save the day. For the price of one article and a gratuity, you can find love with the Opinion editor of your choice. Auction Item Number One—Editor-in-Chief SA. Cole For those of you into candles, flowers, walks on the beach, and stuffed animals, this Opinion Editor is the cure for all your weenie romantic ways. Price: Two articles (Editors-In-Chief don't come cheap). Good points: Lifts weights, can sew her own clothes, has extensive comic book collection. Bad points: Covered in questionable tattoos, probably won't like you, you might get attacked by her boyfriend on your first date. Auction Item Number Two-Op/Ed Editor Russ Klein If you like punk rock, tropical fish, or making fun of anyone who votes, then you're in for a heck of aride with fierce and feisty Op/Ed Editor Russell Klein. Price: One really controversial piece that will generate mass amounts of hate mail for weeks on end (sorry, Adam Perri, Russ is het, so you don't qualify). Good points: Knows obscure stuffabout obscure bands, is vegetarian, has karate black belt. Bad points: Probably looks down on you for not listening to Crass or the SubHumans, is an Anarchist who obeys traffic laws, wears a @##$%% "Suicidal" hat all day, every day. Auction Item Number Three-Graphics Editor and Photographer Ken Grant (Not available) He doodles a mean modernist cartoon, he has a camera and he knows how to use it. He's also married. Sorry, ladies, but you'll have to forego this tasty morsel of Opinion editorship. Price: Whatever the going rate for cloning is these days. Auction Item Number Four—News Editor Sol Sandberg Touch, aggressive, a relentless crusader in search ofthe facts—these are just a few of the traits that characterize our speedy and spunky News Editor, Sol Sandberg. Price: One quote, on the record, about how much you hated one of your professors. Good points: Can cut you a great deal with Pieper Bar Review. Bad points: Hates commas, semi-colons, or anything else that gets in the way of creating a run-on sentence. Auction Item Number Five-Business Manager Dan Baich The member of the Opinion team, Dan likes kegs, cigarettes, baseball, and as much sex as his tongue can cope with. A sensitive lad, Dan is also a certified practitioner of Shiatsu massage. A man for all seasons, Dan's price is: One article and a pack of Marbs. Good points: as a IL, Dan has longevity, a job, and a phat Armani suit. Bad points: He's a heart-breaker and a love-taker, not to mention a smoker, a toker, and a midnight joker. newest Auction Item Number Six-Managing Editor Cindy and Advertising Executive Joe Huang Not for sale at any price. These two are the only members of the Opinion Editorial Board with any pride whatsoever. SPECIAL APRIL FOOLS 1998 WRAPSHEKT...RKAI) AT YOUR OWN RISK �Happy tyfll^ _ April Fool's! WHOW/LL RULf "THE EARTH? SPECIAL APRIL FOOLS 1!)!)8 WRAPSHEET...REAL ISSUE WITHIN \ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Finger, 1988-03-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Finger Vol. No. Date Issued Date of formal issuance (e.g., publication) of the resource. 3/23/1988 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/42ffb4b36bf1d775cf5d57fb05e562c2.pdf 9580009737b5a05a13e2af2083054920 PDF Text Text THEOPINION Volume 28 No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 16, 1988 Governor's Budget Would Cut Aid to 200 at UB Law by Krista Hughes The UB law student body is being called upon to engage in a major letter-writing campaign to New York State legislators. The purpose of this campaign is to prevent the cutting off of State University Supplemental Tuition Assistance (SUSTA) to approximately 200 UB law students. Dean David Filvaroff invited several students, along with Deans Wallin and Leary, to an informal meeting to discuss the implications of this impending budget cut, and the students present also worked to consider the possibility of concerted student action to prevent this cut from taking place. He informed us that Governor Cuomo's proposed state budget would have the apparently unintentional effect of eliminating over $325,000 of student financial aid, and all of this money benefits UB law students. Although SUSTA was originally intended to benefit undergraduates and pharmacy graduate students as well as law students, undergraduate tuition is covered predominantly by the Tuition Assistance Program (TAP), and the Pharmacy School has traditionally not utilized the available SUSTA funds. Any hardship to undergraduates which is caused by the cutoff of SUSTA will be offset by an increase in TAP funding. However, this increase will not be sufficient to compensate the law school's SUSTA recipients. The only students who are eligible for SUSTA are those who are needy enough to qualify for full TAP grants. A breakdown of SUSTA recipients at UB Law School reveals that a high proportion of already dis- advantaged students will suffer dire consequences if Governor Cuomo's budget cuts are allowed to stand. According to information prepared by Dean Filvaroff, of the nearly 200 law students whose continued education depends upon the availability of SUSTA, 42, or more than 20%, are black and Hispanic individuals "who have overcome formidable barriers to study law at SUNY." Over a third of SUSTA recipients are women, four are physically challenged individuals, and 26 "represent the growing number of people over 30 who seek a career in law while raising a family and coping with other responsibilities." The entire group of SUSTA recipients illustrates the diversity which is so characteristic of a UB Law School education. A denial ofcrucial funding to such Employment Relations Convocation by Alexei Schacht On Saturday, March 5 the UB Law Alumni Association held the Centennial Alumni Convocation at the Center for Tomorrow. The topic of the morning symposium was "Current Issues in Employment Relations" or "Hiring and Firing: The View From Both Sides." The symposium included seven Buffalo attorneys and a UB Law professor, Judy ScalesTrent, who spoke on various labor relations issues ranging from bankruptcy and its effect upon hiring and firing to drug and polygraph tests. The convocation, which cost $30 to attend, was clearly aimed at practicing attorneys. All the speakers had prepared handouts, one over 40 pages long, and serveral of which were filled with exellent doctrinal history and case summaries. But, the case lawand accompanying commentary and analysis were all given with an eye towards helping practitioners better advise clients and develop litigation strategies. David Jay, a solo practitioner in labor and criminal law, is a The results of air quality monitoring that took place on the fifth floor of the Law Library in the beginning of February have determined that there is not a serious asbestos problem. Leonard Borzynski, an industrial hygienist at ÜB's Office of Environmental Health and Safety, said, "We got the analytical report back from the independent lab the sampler was less than .02 fibers per cubic centimeter. the OSHA limit is .2 fibers per centimeter." This means that the amount of dangerous asbestos fibers in the air is 10 times less than the legal limit and therefore poses no danger to those in the area. All of the buildings on ÜB's north and south campuses, including O'Brian, will be gone through to test for asbestos . .. . Volker from Western New York, and with Assemblyman Sullivan, Chairman of the Assembly Higher Education Committee, and an assistant of Senator Kenneth LaValle, Chairman of the Senate Higher Education Committee. The outcome of Filvaroff's meetings was generally affirmative, but he noted that students should also feel free to continued onpage 14 Write these legislators and protest the cutting off of SUSTA: WARREN M. ANDERSON • SENATOR (President Pro Term, Senate) 330 State Capitol, Albany NY 12247 MELVIN MILLER • ASSEMBLYMAN (Speaker, Assembly) 932 Legislative Office Building, Albany, NY 12247 JOHN J. MARCHI • SENATOR (Chairman, Senate Finance Committee) 923 Legislative Office Building, Albany, NY 12247 SAUL WEPRIN • ASSEMBLYMAN (Chairman, Assembly Ways & Means Committee) 923 Legislative Office Building, Albany, NY 12247 KENNETH P. LaVALLE • SENATOR (Chairman, Senate Higher Education Committee) 805 Legislative Office Building, Albany, NY 12247 EDWARD C. SULLIVAN • ASSEMBLYMAN (Chairman, Assembly Higher Education Committee) 717 Legislative Office Building, Albany, NY 12247 Immigration Clinic May Be Cut For Lack of Instructor by Zulma Bodon Photo Credit: UB Law Alumni Association plaintiff's attorney. In other words, he represents employ- Library Asbestos Studied; Results Show No Danger by Donna Crumlish ees who wish to sue current, or often former or potential employers in discrimination cases. Jay advised the audience that, "without a smoking gun you're not going to get anywhere in court." a high proportion of ethnic minorities, women and "nontraditional" students can only have an adverse effect upon the entire law school experience. With these thoughts in mind, Dean Filvaroff traveled to Albany to meet with state legislators and especially those representatives fromWestern New York. Filvaroff met with Assemblymen Eve and Hoyt, and Senator again, however. This testing is expected to be completed before the middle of April. After that group of tests is completed, O'Brian will continue to be inspected every six months to ensure that conditions haven't changed. Although the asbestos poses no immediate danger, it is something that will have to be taken into account if there are ever any plans for remodeling or modifying the AY area. Theair quality testing that determined O'Brian was safefrom asbestos also determined that there may be other problems that are affecting the air quality, such as lighting and ventilation. Mr. Borzynski said that he has plans to further investigate what can be done to make the air quality in the Law Library more comfortable. An example of the proverbial "smoking gun," a phrase repeated like some mantra by many of the speakers, would be if in an age discrimination suit an employer said to a salesperson employee shortly before firing him, "Aren't you too old to be carrying around that sample bag?" Jay also said that when an employee comes to you the choice between choosing an administrative or judicial course of action for the client may eventually become dispositive of the outcome. This is because "generally speaking, agencies are understaffed," according to Jay, and therefore plaintiffs' attorneys in employment discrimination cases would be smart to sue in court. One of the most interesting things at the symposium was watching the dynamics between those attorneys that represent labor and those that represent management. While the atmosphere was certainly collegial there was competition in the air. Mr. Jay and Thomas continued onpage 14 The law school's commitment to enhance the role of our clinical program has become quite evident in recent months. The decision to create tenuredtrack clinical positions and the emphasis on expanding the integration of abstract and experiential learning demonstrates such commitment. Today, however, the future of the immigration clinic is somewhat uncertain. The problem facing the immigration clinic is simple: we lost Kathy Rimar, who for many years ran a very successful and popular clinic. According to Nils Olsen, Director of the Clinical Program, there might not be an immigration clinic next year "because there would be nobody here in a position to run it." Thus, if Rimar were here, he added, "we would be going on full steam." After Rimar's departure, the law school hired Ellen Yacknin on a one-year contract to maintain the clinic's caseload and representation. Her caseload is composed of poor people who are desperate for legal advice but lack the resources to hire a private immigration lawyer. There are presently six law students under her supervision, and each" is actively involved with several clients. The focus of the clinic, Yacknin explained, "has remained the same since Kathy left. the clinic continues to serve poor people who want to stay . in this country, who are seeking political asylum but cannot afford to hire the very high-priced immigration attorneys." Olsen admits that there are good reasons for keeping the immigration clinic, including the fact that there are presently many active cases. An equally important reason is that the clinic provides a scarce and therefore very valuable public service. "These are some of the reasons why we are working to try to come up with alternative ways to continue the clinic," Olsen explained. The problem, he said, "is that there are very limited external funding resources available and some of them specifically exclude immigration practice." Dean Filvaroff recognizes the utility and importance of this clinic. He thinks, however, that it is too early to make conclusions about precisely what the clinics are going to be next fall: "I think it is premature to say we are not going to have a clinic continued on page 14 Inside ... Tenure Recommendations .... 2 LALSA High School Outreach 3 Res Ipsa Loquitur 9 �Gibson, Steinfeld, Marcus Recommended for Tenure by Andrew Bechard In the past monththree members of the UB Law Faculty have been recommended to receive tenured positions at the University at Buffalo. Ellen Gibson, Director of the Sears Law Library and Associate Professor of Law, and Robert Steinfeld and Isabel Marcus, both also Associate Professors of Law, have all recently received affirmative votes of recommendation for tenure from the UB law faculty. In three Friday meetings, two in February and the mostrecent on March 4th, tenured UB Law Faculty met, conferred and voted on whether or not to recommend Gibson, Steinfeld and Marcus for permanent positions on the UB Faculty of Law and Jurisprudence. While the administration wouldn't give any definite information about vote tallies for any of the candidates, it was confirmed that each candidate was given substantial support and was strongly recommended. Ellen Gibson holds a masters in library science from the University of Michigan as well as a juris doctor degree and has practiced law in Buffalo, specializing in employee benefits. She has held the position as Director of the law library since 1984 and has a forthcoming publication this spring entitled A New York Legal Research Guide to be published by the William S. Hem Company. Ms. Gibson has taught sections of the first-year library research class as well as an advanced seminar on legal tax research. When asked to comment on the tenure recommendation, Ms. Gibson stated, "I am delighted at the confidence that my colleagues have shown in my contributions to the school and I feel fortunate in holding a position where both the law students and faculty strongly support the library; their concern and support make this job well worth doing." New law school Dean David Filvaroff added that Gibson has "done an outstanding job of managing the law library within a framework of limited re- sources, and has worked imaginatively to maximize service as well as train a first-rate staff." Isabel Marcus, when contacted by The Opinion was also "delighted with the vote." Ms. Marcus holds a Ph.D. in political science as well as a J.D. degree, both from the University of California at Berkeley. Two forthcoming law review articles are presently being drafted by Marcus: "Locked In and Locked Out: Legal Identity and Divorce Law Reform," and "Talking About Talking About Reproductive Technology" Courses and seminars in family law, social security law, capital mobility andfeminist theory have been or are currently being taught by Ms. Marcus. Dean Filvaroff commented, "Isabel Marcus is recognized as a national leader on feminist and family law issues and is one of thecentral leadersof creative thought about law on this cam- pus." Filvaroff had similar praise for Robert Steinfeld, saying, "Rob has already won recognition as an outstanding young legal scholar, and with the up- Law Centennial Convocation Honors M. Fleischmann by llene Fleischmann The Law School's celebration of its first century continued Saturday, March 5, at a Centennial Law Convocation held in the Center for Tomorrow. Following lunch, President Steven B. Sample presented the Law School's 1988 Edwin F. Jaeckle Award posthumously to Manly Fleischmann. Fleischmann was a renowned law graduate of the Class of 1933 who passed away last March after a distinguished career in legal service and education. "The man whom we honor here today symbolized the tradition of excellence which has characterized legal education and the legal profession here in Buffalo," Sample said. "While we recognize the enormous contribution which Mr. Fleischmann has made to state, national and international law and relations, we also recall his close association with the university and the important influence he had on its early development." Sample said that Mr. Fleischmann once taught on the law faculty and was one of the original trustees of the UB Foundation. In 1965, Gov. Rockefeller appointed him to the SUNY Board of Trustees, a position he held until 1979. "Fortunately, Manly Fleischmann had the satisfaction of seeing many of his ideas transformed into realities," said Sample, noting he had participated in the decisions to merge UB into the SUNY system, and to build the campus in Amherst. Professor Albert R. Mugel, who has taught in the Law School foralmost 50 years, also spoke movingly of his late friend and partner in theBuffalo law firm of Jaeckle, Fleischmann and Mugel. It was the first time that the Jaeckle award the highest honor the Law School can bestow was given posthumously since it was established in 1976. Mr. Fleischmann had previously received the Chancellor Charles P. Norton Medal, which is ÜB's highest honor, and the SUNY Distinguished Citizen Award. Mr. Fleischmann's widow, Lois, accepted the Jaeckle Award and said, "If Manly were here today, I am sure he would wish all the attorneys in the audience enticing vistas of endless litigation." More than 200 people also attended a morning symposium on the topic, "Hiring and Firing: Views from Both Sides." (See related story on page 1.) — — coming publication of a book, published as part of a historical legal series that recognition will grow." Mr. Steinfeld has a book scheduled for publication with the University of North Carolina Press entitled The Disappearance of Indentured Servitude and the Invention ofFree Labor in the United States. Professor Steinfeld has practiced law with the legal services program in the state of Vermont as well as Special Counsel to the Public Advocate in that state. Teaching interests and courses taught by Steinfeld have included corporations, utility rate regulation, law and economics and legal history. Mr. Steinfeld could not be reached for comment. All three recommendations will now move on to the UB central administration and then to SUNY central for further examination of the tenure candidates' teaching and publication accomplishments. Sea Grant Program Researches Coastal Law by Maria A. Rivera In 1975, the New York State Sea Grant Institute provided a grant to initiatethe law school's Sea Grant Law Program. The program is devoted to research in coastal law problems. These problems are of concern to government, academic institutions, and to the National Oceanic and Atmospheric Administration in the United States Department of Commerce. The Sea Grant Law Program conducts research on various special projects referred by the New York State Sea Grant Institute and others. The program was first developed by Professor Bob Reis and Professor Milton Kaplan who is currently retired. Mr. Kevin Brown, an alumni of ÜB, is presently post doctoral fellow and adjunct lecturer at law for the Sea Grant program. Students for the program are selected by grades, undergraduate background, writing ability, and interest in environmental law. The final selection process includes an interview. As commented by Kevin Brown, many times it is difficult to decide who should be selected for the two to three positions that are available because of the diverse and qualified students who apply. The Sea Grant term runs from Jurte 1 through November 1. Commentary This year positions may not become available as a result of the funding situation. The Sea Grant Program under Kevin Brown is drafting a proposal to request funding for 1989. Also, other sources of funding have been sought from the Offices of General Services and others. The Sea Grant College started after the Coastal Zone Management Act in 1972. There were a number of studies conducted on coastal zone problems as far as growth and population pressures on coastal zone water quality. Generally, there was no planning nor coherent strategy for developing these resources. As expressed by Kevin Brown, the purpose of the coastal management act was an attempt to bring some rationality to the future development of the coastal zone. Presently, the Sea Grant Program is involved in a project for the Lake Ontario Dune Coalition involving property boundaries ownership and land use rights in Lake Ontario's shore lands. The program provides the opportunity for students to conduct extensive research on various subjects. Some of the issues researched by the Sea Grant Program involve how different government entities may affect private continued on page 14 by Jennifer B. Lew Palestine/Israel Conflict Sparks Heated Debate Here During theweek of March 1 st, the National Lawyers Guild sponsored an information table near the law library about the recent events in Israel. The table raised consciousness about the problems of Palestinian refugees in Israel; it also sparked fierce debate. Unfortunately, the table did more to promote anger and prejudice than education and understanding. I am sure that the Guild did not intend this result, but table staffers' combative attitudes did little to prevent emotion from overriding reasoned dialogue. Above all, the situation in Israel today is terribly difficult to resolve. It is rooted in mutual distrust and often hatred on both sides. It is a disservice to the student body to depict a black and white melodrama where Palestinian children are savaged in a vacuum by Israeli soldiers. Unless one is swayed by antiJewish prejudice, it is not so easy to pick out the heroes and villains in this story. The Palestinians too are guilty of crimes 2 against innocent children. Jewish people have suffered religious hatred and persecution for centuries. It is an ageold slur to portray Jews as brutal, sadistic people. In the Middle Ages, most Europeans believed that Jews murdered Christian children and used their blood to make matzos (the unleavened bread we eat at Passover). So, I am frightened at the ease with which my fellow students expand human rights violations by certain Israeli soldiers into blanket statements about the brutality and anti-Arab racism of Jewish people. In fact, Jewish tradition exalts careful study of problems and shuns brusque, violent ones. For us, war is never holy. Deeply religious Jews will not even fight in armies. Judaism instructs us that life is the highest value, and that we must break any commandment of God to save a life. Furthermore, our religion teaches us to despise no one, and to seek peace and pursue it. It is on this basis that I join other Jews here and in Israel in The Opinion March 16, 1988 condemning the recent human rights violations against Palestinians by certain Israeli soldiers. But I ask the larger community to consider the Israeli situation carefully, to scrutinize all of the facts, and to resist the forces of hype and prejudice. on the lot to play, all the Arab children who played there would straggle home, or sit down on the village wall to watch my sister and her three friends. The Arab parents had forbidden their children to play with my sister. My mother and my eleven- For me, this anecdote suggests both the root of the problems in Israel, and the solution to them. It reflects the ancient hatred that many Arabs feel for Jews. But it also reminds us that prejudice is not innate. Children must be taught to hate, or else they will find common ground and become friends. Unfortunately, the P.L.O. teaches hatred. Israel must negotiate with the Palestinians, and it must compromise in order to achieve peace. But it cannot negotiate until the P.L.O. renounces its rhetoric.of hatred. I call upon the P.L.O. to recognize Israel's right to exist, and to reject the goal stated in its charter of destroying Israel by armed struggle. Otherwise, it will be impossible to believe year-old sister spent the spring term of 1987 living in Jeru- salem, where my mother was a visiting professor. They lived on the edge of an Arab village, and my sister quickly made friends with three Palestinian girls. To clarify, these Palestinians were Israeli citizens, not refugees from a camp. Almost every day after school, my sister played with these little girls in a vacant lot beside the village wall. They giggled together and conversed in sign language, broken English, and broken Arabic. They visited each other's apartments, and they were fast friends. Unfortunately, the Arabs in the village strongly disapproved of the friendship. Whenever my sister went out that the P.L.O. seeks a just peace, and not the elimination of Israeli Jews. I realize that it will be dangerous for the P.L.O. to make these public statements. After all, two Arab leaders, Anwar Sadat and Bashir Gemayel were assassinated for making peace with Israel, and Palestinians in and out of the P.L.O. have been murdered for advocating negotiations. But the Palestinians must support tolerance if they expect Israel to agree to a Palestinian state on its border. The true victims in the Middle East are the Arab and Jewish children who are being raised to hate each other. Last week, the debate surrounding the Guild table showed me that my fellow students have absorbed similar prejudices. Therefore, I am asking all those who care about the problems in Israel to turn awayfrom anger, and to substitutecareful, historical analysis and concern for both sides. If you truly seek a solution, you must know that peace cannot be founded in anger. �Hispanic High School Outreach Is Successful by Raymond Gerald Benitez Why is it that hispanics are underrepresented in the professional community? If you were to have asked that question 10 years ago to leaders of the hispanic community they may have responded by placing the blame on racism and/or poor educational facilities and opportunities, and arguably, they may have been right. However, today our children are exposed to a fine educational system of acceptable quality in facilities, instruction, and curriculum opportunities. Furthermore, the incidence of racially inspired schemes to segregate minority students and thus diminish their educational potential is no longer significantly prevalent in our community. Therefore, we as adults and future professionals cannot allow our youngsters to use their ethnicity or social status as an excuse for not reaching their goals. So, if our children are not reaching their goals and they have the educational tools and opportunities, why then are only a very select few members of the professional community? Such a question deserves much thought and scholarly research and even then the resulting explanation may not be so illuminating on the casual connection. Nevertheless, we as members of the Latin American Law Student Association (LALSA) and as future professionals can no longer remain passive and watch our children continually walk into dead ends. We have to build a roadway for our children, a roadway leading to colleges, vocational schools, and higher education. It is our duty to induce our children to enter and remain in school. As law students we have already confronted and overcome a variety of obstacles foreign to many people in society, and because of those ob- stacles we have gained much experience and wisdom that we can pass down to our hispanic children so that they can become equally successful. When we realize that as professionals we are but another branch of our hispanic community and not independent of each other, then and only then can we effectively communicate to our children the importance of education. We, members of LALSA, have already come to that realization and have taken steps to promote education in the Buffalo hispanic community. We feel that one of the casual links for the underrepresentation of hispanics in the professional community is merely the lack of professional role models. As a result, we have put together an all-day event to be executed annually which will serve the purpose of lessening the distance between us and the hispanic community of Buffalo. Also, theprogram will provide for the much needed role models in the hispanic community of Buffalo and it is called the High School Outreach Day. On February 27,1988 we successfully executed the first annual High School Outreach Day. Thirty bright and enthusiastic junior high and high school stucontinued on page 13 Public Interest Career Symposium Held at NYU by Karen Comstock On February 25 and 26 the ninth annual Public Interest and Public Service Legal Career Symposium was held at New York University School of Law. The program is designed to encourage an exchange of career and job information between attorneys from public interest and government offices from around the country and law students from 17 New York area law schools. Even though Buffalo was the most distant law school participating, UB students made up the largest contingent from any single law school at the Symposium. Many employers that I spoke with were aware of ÜB's reputation as a public interest-oriented law school, and all were favorably impressed with the UB students they interviewed. Good job folks, and good luck! The format of the Symposium consisted of formal and informal interviews with employers; 34 organizations participated on Thursday and 42 participated on Friday. Students who went to the time and expense of traveling to New York for the event invariably felt that it was well worth theirtrouble. The Symposium offers the opportunity to fit a lot of interviews with employers from a wide geographical area into a short period of time, although the strict adherence to the 20 minute time limit left some people feeling rushed and unsatisfied, and a few individuals ended up missing an appointment or two because of the tight scheduling. The interviewers were generally friendly and informative. Students reported feeling more at ease in comparison with past experience interviewing at law firms. Many students who participated strongly advise others to take advantage of the Symposium in the future. Even if you aren't selected for a formal interview, signing up for canceled slots is possible (if you arrive early) and some people were able to arrange for as many as 10 informal interviews; these can also lead to job offers. One student suggested that students could get together and coordinate housing and transportation to cut down on costs. Most importantly, the Public Interest Symposium gives public interest-type people a sense of community and helps us to reinforce their choice to do public interest work. Six panel discussions were held during the course of the Symposium on topics such as Legal Aid and Legal Services, Career Opportunities with Federal State and City Government Agencies, Starting Your Own Public Interest Legal Organization, Programs Serving Special Populations, Prosecutorial and Criminal Defense Work, and, the panel I found most interesting of the ones I attended, Careers in Human Rights, Civil Rights and Civil Liberties. This panel consisted of staff attorneys from the Society for the Right to Die, the ACLU Children's Rights Project, the New York City Commission on Human Rights, Lambda Legal Defense and Education Fund and the NAACP Legal Defense and Education Fund. The panel members were asked to talk about their organization's specialty areas and to give advice as to how law students can break into the competitive public interest job market. All of the speakers struck me as being completely enamored with their jobs. They clearly derive immense satisfaction from being instrumentally involved with class action suits and impact litigation that profoundly affects large segments of the underrepresented in our society. Even though these attorneys are fairly young they have risen to levels of great responsibility within their organization. This is attributable in part to thefact that public interest organizations do not have the luxury of providing long training periods for its attorneys, and also that public interest work, by its nature, challenges individuals' creative and intellectual capacities. One attorney from the NAACP who has been out of law school for only five years was scheduled to argue a case in front of the Supreme Court the following week. All of the speakers stressed the fact that they loved getting up for work in the morning. The speakers were also frank about the downside of doing public interest work. The hours are long and the pay falls short. However, most of the speakers had experience working in private lawfirms and none desired to return to this career option. As one panel member put it: "Doing public interest work is like being a salmon swimming against the stream, but it is so much more rewarding than slaving at a law firm. Public interest work encompasses every part of my life." It is important to note that these attorneys found their firm work valuable in that the skills learned are obviously transferable to the public interest sector. Working in private firms also affords the opportunity to do pro bono work. For example, the NAACP works with 200-300 cooperating attorneys from around the country who help initiate and follow through on important class action and impact litigation. Finally, the panel members offered practical advice on how to break into the public interest job market and get the "job of your dreams." It is very important to identify and narrow your area of interest and get in- volved as soon as possible. This may mean doing research for a professor who is associated with your interest area, or volunteering with an appropriate public interest organization. Virtually all public interest organizations are overburdened and welcome volunteers. Of course, many of us cannot afford to give away our time. A creative solution may be to split your time between public interest and law firm work, or to bartend or wait tables on the side. Volunteering during the school year is strongly encouraged. The participants stressed the importance of taking the long view ofyour career. The first job you take out of law school is not the job you will have for the rest of your life. The majority of the general legal community changes jobs several times at the beginning of their careers. Many of the speakers have had experience clerking for courts and/or judges, but they also suggested pursuing employment with legal service agencies, attorney generals' offices or doing pro bono work to establish a strong experiential base. The first few jobs you take may entail traveling to locations you may not want to be at first. But experience is the key in public interest work, and once you've broken into the public interest community, you're on the road to a very rewarding career. Robert Rich Speaks on Buffalo, Baseball, and Himself by Donna Crumlish Robert Rich Jr., president of the $750 million Rich Products Corp. and president of the Buffalo Bisons triple-A baseball team, spoke to a small but enthusiastic group in the Moot Court room on Tuesday, March 8. Mr. Rich discussed Buffalo, baseball and what he has done for both. No one can criticize him for extolling the glories of himself, however. Mr. Rich comes from one of Buffalo's wealthiest families, was a main "mover and shaker" in getting the recently completed Pilot Field built downtown and on top of it all is one of Buffalo's head cheerleaders. Although he sings the praises of Buffalo, there may be a method to his madness. Every person that moves to Buffalo means more potential baseball fans and more potential capital for him. "Here before you, you see the total economic person. I'm in business to make money, I'm in business to make money and I don't go anywhere or give anybody anything that's not gonna make money, cause that's my goal in life. I'm a money-grubbing capitalist and I'm proud of it." The "total economic person," however, seems to have a sincere faith in the city and its growth potential. He urged students to stay in Buffalo and look for work in Buffalo. He feels too many college students are leaving the area without giving Buffalo a chance. In the past, Buffalo has suffered from a "brain drain" all the talent was leaving the area. Mr. Rich wants to see the studentsfunneled from the university right into the Buffalo job market. He claims Buffalo is moving up fast and now is the time to get in on it. "There's a genuine economic upturn in the community and one of the reasons for it is the joint prosperity that is being shared by — SUNY Buffalo and the city." According to Mr. Rich, there are three factors involved in the so-called ecnomic upswing in Buffalo. The first is that local recent increase in communica- tion among businessmen. This has helped local companies to develop common goals for the city. Where does baseball fit into upswing? this economic "You've got to get people in the downtown area. That's why I'm to guarantee an in baseball asset that has been partly funded by the state as an ecnomic redevelopment project, to bring people to the downtown area. The only way the city will survive is to get people back downtown." Pilot Field, of course, is also being used as bait to lure major league baseball to Buffalo. The 19,000-seat stadium was built to expand to 40,000 seats so that a major leage team could be accommodated. The Efuffalo community has already proven itself to be diehard sports fans. Buffalonians stick by their pro teams and the Bisons held high attendance records for the seasons ... banks are playing a national role. Over the past few years, several locally-based banks have been absorbed by larger national banking corporations. For example, Goldome bank started out as Buffalo Savings Bank. Another important factor is Buffalo's proximity to natural resources which leads to many other advances, such as the ongoing waterfront development projects. Mr. Rich also sees a at the old War Memorial Stadium. Mr. Rich points out that this season the Bisons sold 2,000 more season tickets than the world champion Minnesota Twins and he beams as he tells of the recent selloutfor opening they played day. .. "We are going to get major baseball... When we can sell out opening day in 84 minutes downtown and when you can get 900 people in line by 7:00 in the morning for tickets, you are going to see major league baseball come The people who are going through the turnstiles will bring it here." If Buffalo does get major league baseball, Mr. Rich will certainly be up there with the fans as a motivating factor. He demonstrated to the students he spoke to, just as he demonstrated to the city of Buffalo, that "money-grubbing capitalists" aren't all bad,' as long as they're on your side. league March 16, 1988 The Opinion .. 3 �Commentary by John Bonazzi There has been much talk lately with regard to opening up the Law Review. Several students have called for democratizing that organization as well as the Moot Court Board. In this spirit, the Law Review management should consider the following proposal. First, that each student be given an opportunity to participate in this worthwhile endeavor. The student will make his or her decision on whether to participate based on information supplied in a meeting open to all intersted first-years held in the spring semester of each academic year. At that meeting the Law Review will inform students of the requirements for becoming a part of their organization, and make clear that non-compliance will result in loss of that student's privilege to continue as a member. Such requirements would basically mirror existing obligations, and would include, but not be limited to: (1) Active participation in the "legwork," the daily routine of publishing a scholarly journal. This means doing one's specified share of cite-checking, editing, etc. (2) Attendance at meetings that the Law Review may from time to time call, including those to coordinate assignments, monitordevelopmentof Law Review papers, etc. (3) Active participation in a program which encourages students to develop and improve research and writing skills. Enhancing a student's legal education would continue to be a basic mission of Law Review. (4) Performance of "office hours" or other such administrative requirements. A program patterned in this fashion would offer the student truly interested in a serious legal education the opportunity to obtain it, while simultaneously assisting in the publication of this school's primary law journal. The argument that students would simply join Law Review to enhance their resumes is unpersuasive, as the considerable time and duty requirements would discourage continued membership among those not truly interested in supplementing their educationwith this valuable experience. Those studentswho do remain "along for the ride" will nonetheless be contributing to the publication of the journal. This system opens up the Law Review to the very studentswho payfor it through tuition fees, enhancesall students' education and is more equitable, all of which will benefit UB Law School in the long run. The Alternative In the unfortunate event that Legal Ethics Top Goal of Phi Delta Phi Fraternity Phi Delta Phi International Legal Fraternity, established in the year 1869 to promote a higher standard of legal ethics, is the oldest professional fraternity in the Western Hemisphere the second oldest North American legal organization in continuous existence, established only six months after the Columbus, Ohio Bar Association and nine years before the American Bar Association. Phi Delta Phi has chartered over 140 chapters called Inns in the United States, Canada, Mexico, Guatemala and Puerto Rico since its foundation and the number of Inns increases yearly. Phi Delta Phi has initiated in excess of 120,000 members making it the largest legal fraternity in existence. Among the American Presidents, Supreme Court Justices and major political figures who have been initiated into Phi Delta Phi, one may count among others Theodore Roosevelt, Franklin D. Roosevelt, William Brennan, Earl Warren, Sandra Day O'Connor, Robert F. Kennedy and Henry M. Jackson. For the law student and prospective attorney, Phi Delta Phi stimulates the give and take of intellectual debate and provides a forum for the testing and clash of ideas as well as contact with eminent jurists, professors and practitioners. It provides a focus for the activities that help develop the service and leadership qualities which a law student is expected to bring to the Bar, whilefostering close friendships, both personal and professional, which can be cherished throughout life. And in the words of Supreme — — 4 — The Opinion Court Justice Lewis F. Powell, another distinguished member of PDP, "At a time when the ethics of the legal profession are being questioned, it is gratifying also to know that the inculcation of high standards of professional ethics and responsibility remains a goal of this Fraternity." In 1986, "Daniels' Inn" was reactivated at UB Law School and in the fall of 1987 seven members (Rick Bulman, Cathy Coughlin, Cathy Figal, James Gallagher, Bob Mcßride, Karl Niedermeier and Claud Pujoll) were inducted by the International President Robert J. Pirie. A first-acquaintance, coffeeand-donut meeting was held shortly thereafter, followed in October by a lively pub debate on the Bork issue. The Inn's slated activities, under the leadership of Rick Bulman and sponsored by CDO, include a 2nd and 3rdyear practice interview session with practitioners from every area of the law, and in April a student panel discussion involving advisement for courses with Cathy Figal and Bob Mcßride, and the annual "Race Judicata" with Karl Niedermeier. If you would like more information, please contact any of the officers listed below: Karl A. Niedermeier, Magister, box #797. Robert Mcßride, Vice Magister, box #778. Cathy Figal, Exchequer, box #698. Richard Bulman, Clerk, box #636. Claud J. Pujoll, Historian, box #812. This article was written for Bylaw 13 compliance. March 16, 1988 the powers-that-be decide to retain a selection process for membership, it is further proposed that the competition be restricted to the following: (1) A paper of between 15 and 20 pages will be assigned on a topic at issue in a case or cases. Students will first research the topic extensively, and write a coherent, thorough paper which critically analyzes issues and relevant concepts, and which is not hampered by excessively restrictive length requirements. (2) The paper will have a length limitation of 20 pages, with only one page reserved for footnotes. (3) Margins will be one inch on all sides. (4) Considerable weight will LRaewviPrsocPnSlt roposed be given to the analyses of issues and other scholarly matters much more so than Bluebook form, and other matters of style. While the latter are important, they will be recognized as the less important considerations in judging membership to the Law Review. (5) Each paper will be read by half the number of judges that currently read casenotes, thus avoiding Mr. Bank's objective that human resources preclude allowing for longer papers. (6) Those with grades comprising the top 10 percent of the class will be automatically admitted into Law Review. (7) In addition, students who finish in the top 10 percent of the writing competition will also be offered membership. — Analysis Because of the mixing of these two inclusive groups, the Law Review will comprise roughly about 15 percent of the class. (8) For students whose grades do not fall in the top 10 percent of the class, their grades are not to be considered along with the submitted papers in evaluating membership offers. A couple of comments. First, the better of the two systems is the former. If a student wants to participate in a law school-related activity that complements and enhances his or her education, then that student should not be prevented from doing so by members of those organizations who benefit from elitist admission requirements. . continued on page 15 by John Bonazzi The Presidential Primary Battle Despite Super Tuesday failing to live up to its billing as the political heavyweight bout of the century, the 17 Republican and 20 Democratic contests did much to shed light on the eventual identities of the respective parties' nominee. The GOP The Republicans had a good night in terms of party unity and candidate focus. George Bush won everything, and came away with an impressive, perhaps insurmountable deleone destined to gate count propel him to his party's nomination in August. The victory accomplished much. It gave him control of the campaign's agenda, as well as the spotlight. These are precious tools on the campaign trail. The biggest loser was Dole. No one expected him to do very well, yet no one expected him to sputter and fall as he did, either. He lost his campaign on Super Tuesday, although the writing was on the wall in New Hampshire. Dole must win Illinois convincingly to salvage any hope of staying in this fight. He may win, but he won't win it big. Yes, Illinois is part of ethnic mid-America, and is concerned primarily with issues wiping out so many farmers in our nation's bread basket, but Bush's momentum and that region's support for Reagan will temper any outpouring of support for Dole. The following statistic demonstrates just how difficult a comeback by Dole will be. Dole needs to win 85% ofall remaining delegates to win the nomination; Bush needs to win only 35%. Bush would have to fall asleep to do less than 50%. Robertson's poor showing was dwarfed by Dole's, but was still harmful. This man boasted of winning South Carolina outright, yet placed fourth a disasterous showing that signalled the end of his chances of influencing the choice of the Republican slate. Robertson may have some effect on the platform in New Orleans, but will have no say on anything else. If he was going to win anywhere, it had to be the South, where there are as many bornagains and Southern Baptists as there seems to be Campus Police writing parking tickets millions upon millions. He has — — — some chance in the midwest, the so-called "Bible-Belt," but not enough to amount to anything substantial. He will not overtake Dole, and certainly not Bush. All he will do is continue to make outrageous, inane remarks which entertain and amuse all sane Americans. As for Jack Kemp, he's history; he will pull out of the race in a matter of days and will run for re-election to the House this fall. Nobody in their right mind would throw away that much power and seniority, especially after greatly increasing their name-recognition. The Democrats As for the Democrats, the big winner was Mike Dukalis, and the big surprise Al Gore. Dukakis, clearly the frontrunner in this race, and the prohibitive favorite to capture the nomination in Atlanta this July, did well. He won 6 states and garnered 386 delegates. He is seen as the true establishment liberal, a somewhat misleading label. The Duke is not only winning states, but more importantly, winning delegates. The most important point about Dukakis is that he is the only candidate up to this point to win in the South and the North. He's certain to make a big deal about this in the weeks to follow. Goreand Jackson are legitimate contenders, but have not shown that they can win in the North. In fact, Gore did so poorly in the pre-lowa polls, he skipped lowa and New Hampshire unheard of in presidential politics. For Dukakis, the challenge in the months ahead is to win the big, industrial, populous states such as New York, Michigan and California. He is helped by their liberal bent, as well as his impressive favorable rating of 60%, first among Democrats; his negative rating is only 31%, far lower than most people think. Dukakis must also try to put some rest to the contention that he is a simple governor with no foreign policy experience, soft on defense, and a big spender. Adding a little zest to his lifeless campaign persona wouldn't hurt either, although he's far more animated than he used to be. If he can do these things well, he's the favorite for the Democratic nomination, and perhaps the presidency. — Jesse Jackson did extremely well, capturing 95% ofthe black vote through the south. That's double of what he did in 1984. But Jackson is getting his share of the white vote, also. That fact is not going unnoticed among party officials, one can be sure. Jackson, who is taking this campaign far more seriously than his 1984 campaign, and acting far more responsibly as well, is a sure bet to at least have a major say on the party platform, the v.p. nominee, and perhaps the nominee himself. Unfortunately, America's racism will not permit him a true shot at the nomination. A sad situation for a candidate who won 5 states, received just 10 delegates less than Gore, and trails Gore by just 7 delegates for second place overall. Al Gore was the big surprise on Super Tuesday. He won 5 states and moved himself all the way to the second slot in delegate count. An impressive achievment for a candidate thought by the pundits to be realistically out of the running for a shot at the White House. The sticky problem here is that Gore has only shown that he can win at home in the South. Anybody can win at home. While Dukakis has emerged as the only real national candidate, winning in the Northeast, the Midwest, and now the South and Southeast, Gore and Jackson have not shown any appeal outside of their home base, although Jackson has shown some strength among white voters in the North. If Gore can't finish strong in the next couple of primaries, he's out of the running for the presidency, although will probably stay in the hunt for the v.p. sweeps. As for Gephardt, his candidacy is over, as is Simon's and Hart's. Gore stole Gephardt's thunder, stealing the white, conservative vote in the South. Gephardt must win Illinois to continue, which is highly doubtful. The spectacle of Gary Hart is a sad one. Not too long ago the man to beat for the presidency, he has become a comic symbol of lust and stupidity. An excellent speaker and campaign, Gary Hart had more truly good innovative ideas than the rest of them put together. To fall — continued on page 14 �SB A Briefs by John Williams SBA Debates Circulating Student Position Paper The SBA Sub-Committee for Developing Student Issues should be complimented on an outstanding job. Lisa Sizeland, the chair of the committee, should be applauded for herefforts. For those of you who don't know about the work of the committee, I would suggest reading a copy of the last two editions of The Opinion. The committee was formulated to solicit student concerns to present to the new dean. The committee consisted of nine sub-committees that addressed issues such as financial aid and advisement. The responses found in the committee reports were generated from student input through the SBA suggestion box. In its final form, the committee's report is approximately 50 pages and does represent a student-wide effort geared at addressing many of the problems that plague the law school. Debate on the floor of the SBA centers around what to do with the report. So far the committee has sent a copy to the dean and the various associate deans as well as the faculty. It is those entities outside of the law school who are to receive the report thatthe SBA is somewhat divided. We all tend to agree that it is important to send a copy of the report to outside entities such as the Erie County Bar AssociaAssociation, Alumni tion, SUNY Trustees and others to be named later. Where the SBA is divided on the issue is in what form the report should be sent. Some directors, as well as officers, think that we should have the dean address the report before circulating it outside of the law school. Others think that allowing the dean to address the report would defeat the purpose of formulating the committee. Those who think that the dean should be the first to address the report feel thatthe report may not be an adequate representation of how the law school has operated in the past and how it will operate in the future, and that the problems exposed in the report not only be the view of present classes '88-'9O. By allowing the dean to respond first, he can project how he proposes to address the problems mentioned for future students at this law school. tshuingtasdon > » The reality of the situation is that the present student body can speak for the future law school. The report is trying to steer the dean in the right direction. The problems that plague this student body have to beaddressed now in order to make a better future. The best way to get the maximum utility out of the committee's work is to send out the student report on issues for the dean to address to all those entities that the students who coordinated the report feel is necessary to send to in any form. If other students have any ideas on what should be done with the report, drop us a letter in room 101. Th report is on file in the library. Student Bar Association Meetings have been changed to: WEDNESDAYS at 4:00 P.M. in ROOM 109. All meetings are open to the University community. BUDGET DEADLINES March 25 at 5:00 p.m. ALL Budget requests for Fiscal Year 1988-89 are due to the S.B.A. Office. Absolutely NO Exceptions. Pick up a budget proposal form outside Room 101. Budget Hearings will be held Tuesday, April 12 and Wednesday, April 13. Organizations must sign-up for a time slot when they return their budget proposals. Failure to do either will result in funds not being The Buffalo Law Review would like to extend a special invitation to first-year women to participate in the 1988 Casenote Competition. Historically, women at UB Law have better academic records than their male counterparts in past Casenote Competitions. In past Casenote Competitions, women have competed on an equal par with men. The only bar to better representation has been lack of participation. allocated for the 1988-89 academic year. The full S.B.A. Board of Directors will vote on the budgets Wednesday, April 20 at the regularly We hope that the 1988 Casenote Competition will include a representative number of women. scheduled S.B.A. meeting. It is strongly recommended that organizations send members to this General Meeting. DONT FORGET ... COPIES OF YOUR CONSTITUTION AND CHARTER For more information, please attend the informational meeting on March 16 at 3:30 p.m. in room 106. ARE DUE IN THE S.B.A. OFFICE BY TUESDAY, APRIL 5. March 16, 1988 The Opinion 5 �SPRING SEMESTER DISCOUNT ATTENTION: CLASSES OF 1988, 1989 & 1990 WHEN YOU REGISTER EARLY FOR BAR/BRI'S 1988, 1989 OR 1990 NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, NEW HAMPSHIRE, MAINE OR VERMONT BAR REVIEW. YOU GET THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW AND YOU SAVE $100 OFF THE CURRENT TUITION. 'PLEASE NOTE: ANTICIPATED 1989 TUITION IS $1075 IN NEW YORK, $950 IN NEW ENGLAND AND $825 IN NEW JERSEY. A $50 REGISTRATION FEE SECURES THE CURRENT DISCOUNT TUITION OF $875 IN NEW YORK, $750 IN NEW ENGLAND AND $650 IN NEW JERSEY. BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 415 SEVENTH AVENUE, SUITE 62 NEW YORK, N.Y. 10001 (212)594-3696 (201)623-3363 160 COMMONWEALTH AVENUE BOSTON, MASS. 02116 (617)437-1171 (203)724-3910 © 1988 BAR/BRI 6 The Opinion March 16, 1988 �Position Paper Addresses Student Lounge, Grading The following are the findings of the final three committees to the SBA Subcommittee for Developing Student Issues. The Creation of a Student Lounge by Charles Johnson The consensus of UB law students is that a high priority for the Law School should be the creation of a legitimate student lounge. There are few places within O'Brian Hall where students can congregate privately without being overrun by students from other areas of the university. Existing student areas within the law school are poorly litand dismally furnished. Dean David Filvaroff expressed a commonly felt view regarding O'Brian Hall when he stated that there is essentially nothing in the layout or decor of this law school which would "bring a smile to someone's face." (The Opinion, October 28, 1987.) These factors combine to create feelings of alienation and isolation among law students. An improved lounge could go a long way towards improving the quality of life in the Law School. With regard to the creation of a private law school cafeteria, there is less unanimity. Most feel that a dining facility would generate a sense of community within the Law School. However, other students are concerned that a cafeteria that excludes other university students would foster elitist and isolationist attitudes. While the student body is well aware that the management of the physical structure is the domain of theLaw School administration, two proposals for the development of a student lounge are noted below. It is duly noted that the first proposal would involve significant structural changes to the fifth floor courtyard and substantial financial investments. The second proposal would require less ambitious modifications to the existing fourth floor lounge. Creation of a Lounge in the Fifth Floor Courtyard A weather-resistant glass roof could be built over a portion of the courtyard adjacent to the fifth floor faculty lounge. Third-year student John Farrell conceived this plan and sketched diagrams which were given to the dean. The benefits of a lounge in the fifth floor courtyard would be significant. Given the proximity to the faculty lounge, the location would foster increased interaction among students and faculty. Taking into account the concerns for space in O'Brian Hall, the lounge would come at the expense of no current use. The present lounge on the fourth floor could be used as a seminar room or converted into office space. From both aesthetic and practical perspectives, the courtyard's natural lighting, its location away from university traffic, and its substantial size make the site an ideal location for a student lounge. The drawbacks of the project are clear cost and delay. The location would require a major financial commitment by the Law School and would likely necessitate approval from SUNY in Albany. However, if the Law School is committed to remaining in — O'Brian Hall for the next decade, a capital expenditure of this nature is well worth the investment. There is no disagreement thatthe physical structure is wanting for a comfortable place for students, faculty and guests to mix informally. Renovation of the Fourth Floor Lounge It is no revelation that the resources may simply be unavailable for the first proposal. In that event, much could be done to improve the current student lounge of the fourth floor. In spite of the addition of two attrative couches, the lounge's current state is such that many students are not consciously aware of its existence. The room is poorly lit, in need of paint, continues to need tables and chairs, and is too small for general student use. The following recommendations are urged: The room should be painted and the lighting improved. Track lighting along the ceiling has been suggested. Moreover, adding pictures or paintings would add life to four otherwise barren walls. Hanging or potted plants would soften the room's appearance. An additional couch and new tables and chairs are needed as well. The room could be expanded approximately ten feet in depth by removing the concession machines and eliminating the wall between the lounge and concession area. Law students do not frequently use these machines. Law students feel strongly that a comfortable area is needed within O'Brian Hall to engage in quiet conversation and relaxation between classes. Such a place is currently not to be found in the building. The student body looks forward to working with Dean Filvaroff and the administration in looking for creative ways to generate a greater sense of community within the Law School. Miscellaneous by James McClusky Grading Policies I. Timeliness This is an area about which students protest vehemently each semester yet nothing is ever done about the professors who continually drag their feet when grading exams. An enforcement policy must be instituted in order to allow students some recourse when late grades do occur. Currently the professors have more than enough time to grade the exam. A self-imposed February 15th deadline has been in effect since December 19, 1979. There are many valid reasons for wanting grades in on time: Late grades often result in students being de-certified for their TAP award. In addition to having to reapply for this award it also results in a twenty dollar late fee Charged by the university. With only a final exam in each class students do not know where they stand until well into the second semester. This is harmful to first-year students who must assess their reading and studying skills and to third-year students who may have to take a class over in their final semester. In applying for summer clerkships, students must com- — — — pete against those from other schools who already have received grades. Employers can assess these students' knowledge in a particular area and make them offers well before U.B. students have their grades. Professors stress the point of being prepared for class because when we become lawyers, a judge or our client will not accept unpreparedness. However, the example they are setting is one of "better late than never." Professors also stress that their class comes before moot court, law review, outside jobs and the like, yet they often use the excuse that they were working on a law review article, books, plays, conferences. As salaried employees of thisLaw School they should realize that school comes first for them also. In alleviating this problem the students have two possible solutions. One is the fining of professors who fail to submit their grades on time.This is currently being done at the University of Syracuse Law School, and from sources there, it is working very well. Another method would be to post the names of professors who have submitted their grades while holding the actual grades until all professors have submitted their grades. This will make the perrenial late — — graders everyone's problem and thus creating a situation in which more pressure is exerted on the laxodiasical professors. This method is currently employed by the Albany Law School. Under the latter alternative a late professor could still ignore the protest, exasperating the problems it is meant to alleviate. Under the former, the students' aggravation is offset by the professors' financial losses. These penalties (in a sense a reduction of one's salary for failure to properly carry out their job) could in turn be used to benefit student programs (i.e. the Clinic). If this method is chosen, implementation may have to be done through employment contracts. 11. Posting Many students are concerned with the posting method currently employed by A & Ft. The current method is to post grades by social security numbers in alphabetical order. In classes which more than one sheet is needed those sheets may be switched around but it hardly alleviates the problems. We realize that if this problem is in part caused by over-curious students it can be easily remedied. Rather than transposing grades onto an alphabetized listing of social security numbers, enter the grades into the computer and then regenerate a new list, printing social security numbers and their corresponding grades in a random order. 111. H-Q System This is another problem area which generates requests for change every year. This year the requests, complaints, and suggestions are coming in larger quantities than previous years. Realizing the H-Q system is an integral part of the Buffalo Model which helps to encourage anti-competitive and cooperative feelings among the students, we would not suggest — changing it at this time. However, we would encourage professors to utilize the full range of the current grading system. It is not unusual to hear students talking about the "Q-train" or to know students who show up at one class and still hop aboard the"train." The current policy of professors who refuse to give out anything below a "Q" encourages a "just getting by attitude." The work these studentsdo is "marginal" and should accordingly be given a "D." In the same light, we note with surprise the sudden turn around in many professors' grading policies. The unusually large numberof "D's" given the fall semester 1987 has been met with surprise. Disregarding the pros and cons concerning the utility of giving "D" grades to law students, if there is a new policy or if the administration in any way has suggested to the faculty that they more liberally use "D" grades the students should know. This committee would also like to point out that there will be a student-wide referendum concerning the grading system later this semester. We encourage you to give appropriate weight to the students' voices when the results become known. CDO The problems students experience with CDO is one of lack of communication. Students complain that there isn't enough being done to cultivate relations with the "bigger" firms, others complain enough isn't being done for public interest oriented students, while others complain that there is never anything about civil service and government jobs. From discussions with those who have utilized the CDO to attain jobs in each of the abovementioned fields, it is apparent the problem does not lie in providing these services. One method of improving communications would be to hire work study student(s) as advisors. These students would be identified as the person to talk with for particular areas of continued on page 15 Advisement Program by Kelley A. Omel Recently the SBA surveyed both the faculty and the students regarding their views on the possibility of enacting an advisement program at our Law School. Briefly, the results as of February 7, 1988, of both surveys are as follows: Student Survey: 27% (184 students) responded 1. Do you see a need for an advisement program at the Law School? — 96% No —4% Yes the advisors to be: prefer would you 2. If yes, Both —78% Students —3% Faculty —14% There were also several suggestions to utilize local attorneys. 3. What class are you in? 2nd —33% 3rd 27% Ist —40% 4. Upperclass students only: If we develop a peer advisement system, would you be interested in serving as an advisor? 57 Number of volunteers 2nd —36 3rd—ls Ist —6 — — Faculty Survey: 38% (15 faculty members) responded For the most part, the faculty supports an advisement program. However, several faculty members expressed valid concerns regarding our initial ideas of an advisement system. Originally, SBA was exploring the possibility of assigning approximately seven students to each professor. Concerns regarding this type of system included the wisdom of linking students to a particular professor when there is such a diversity of faculty within the Law School and the time involved per professor if all did not participate. Tentative Proposals Taking the results of both surveys into consideration, SBA has developed a tentative proposal: 1. Print and distribute a list of all full-time professors including their fields of expertise, office numbers, campus phone numbers and secretaries. Such a list would publicize the already existing availability of faculty members to students and would aid the students in selecting the faculty members with whom they would wish to speak. 2. Print and distribute a list of all second and third year advisors, including box numbers and phone numbers. Also print a listing of all courses offered and the advisors who have taken each course. 3. Hold groupprograms, perhaps in conjunction with peer tutorial and/or Career Development to help students select courses. Possibilities: Question and answer sessions to help first year students select upper-level courses prior to registration, as was done last year. Sessions in which local attorneys advise course selection for related careers. The first year students who volunteered will be extremely important in that they can help adminstrate the program and encourage other first years to participate. Also, faculty volunteers will be necessary to help oversee the program. It is important to note that this proposal is tentative. As problems are anticipated or as they arise, there is definitely room to iron them out. An advisement program will go into effect this year to help the current first-year class to move into their second year. • • 7 The Opinion Page seven �opinion £0a STATE UNIVERSITYOF NEWYORK AT BUFFALO SCHOOL OF LAW March 16. 1988 Volume 28, No. 11 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Joseph Conboy, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Jeff Markello, James McClusky, Pat Miceli, Kenneth Neeves, Alexei Schacht, Damon Scrota, John Williams. Contributors: Raymond Benitez, llene Fleischmann, Charles Johnson, Jennifer Krieger, JenniferLew, Troy Oechsner, Kelley Omel, Maria Rivera. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial SUSTA Cut Would Affect All of Us Earlier this academic year a letter-writing campaign sparked debate over what is "political," and many people disapproved of the use of student funds to finance political activities with which only a portion of law students agreed. A letter-writing campaign is in the air again, but this time the cause is one with which no one should disagree. As it stands, Governor Cuomo's proposed budget would eliminate $325,000 of state financial aid (SUSTA). SUSTA only affects UB law students. In the entire SUNY system, all of those other students who could receive SUSTA have other sources of financial aid undergraduates rely on TAP as their primary source of state aid. The UB law students who actually receive SUSTA, however, have no other avenues to pursue for the kind of grant money that SUSTA represents. — Yet the cutoff of SUSTA funding is not solely the concern of the people who receive it. The entire law school is adversely affected. Almost 200 law students, or about a quarter of the law student body, currently receive SUSTA. These students receive it because they have been found eligible for full TAP funding, which is $1,200. The supplemental SUSTA money comes out to $1,600, or a total of $2,800 towards the $3,150 yearly tuition. The remaining $350 comes from the recipients themselves. The reasoning behind SUSTA has been the recognition that there are a lot of students who want an education, and who are valuable to the educational system, but who simply have no way of paying for that tuition without the state's help. It happens that a large percentage of the SUSTA recipients are ethnic minorities, women, and "non-traditional" students. Four of the recipients are physically challenged in some way. The administration has the names of these students who are classified by their financial aid forms as the neediest of the needy. We don't know who they are, but we know that they are out there. Think about it. One of them may be a student who always defends the interests of women and minorities. One of them could be a student who speaks up in class and who always voices the opinions that you would like to voice, and with whose views you usually agree. Any number of them could be prominent student leaders whose initiative has helped the law school progress. One of them could be your closest friend. One of them could be you. The cutting off of SUSTA would leave these 200 people with no other means of paying their law school expenses. It could force many or all of them to leave school and deprive the rest of us of viewpoints we might not otherwise hear and of people we might not otherwise meet. It could prevent many financially disadvantaged people in the future from getting the education they desire and deserve. The SBA has already begun tabling for this cause. Personallywritten letters are encouraged because they bear more persuasive weight than do form letters, although SBA will supply form letters for those who do not wish to write one. It does not take a lot of effort to guarantee that our interests are protected. Take the time to write to the Senators and Assembly people whose names and addresses are listed on page 1. Or call the local offices of our Western New York representatives to Albany. Student action has worked before. With only a little time and effort it can work again. The Opinion Mailbox Ex-SB A President Rips Faculty To The Editor: It has come to the attention of many SUNY/Buffalo Law School alumni that the Placement Office continues to permit the use of its facilities by those employers who openly and notoriously discriminate on the basis of sexual orientation. Such administrative behavior cannot go unchallenged and we understand that students continue to rally in opposition to the Placement Office's policy of tacit discrimination. However, their many voices, to our understanding, have yet to be heard. What bothers us most, though, is the apparent utter cowardice on the part of the law school faculty to take a stand on the issue. In recognition of the fact that the faculty is almost all male, we wonder who the hell has swallowed theircollective balls. It is truly pitiful that, in a law school, the faculty would refuse to take a stand regarding discrimination let alone take a stand opposing discrimination. However, the true responsibility, of course, lies with the administration. Because of its The Opinion March 16, 1988 Brett Gilbert President, Alumni United Against Discrimination Simpson-Mazzoli Bill Very Unfair ity to civic organizations to help in the legalization process, does not have the capacity to handle millions of illegal aliens. To The Editor: I must applaud James P. McClusky's article in the last issue of The Opinion. It is true that the ethnocentric fears and irrational thinking that has permeated our society has been detrimental to our progress. It is a disgrace that the SimpsonMazzoli Bill was ever discussed by our representatives. In addition, the recent Immigration Act is also a disgrace. Although we are concerned with giving certain rights and privileges to illegal aliens, the Immigration Act does not deal with this problem at all. Illegal aliens were given one year, which ends in May 1988, to obtain some form of legal status if they can prove that they were residing in the United States before 1982. It is ridiculous that after years of living here illegally and using false names and addresses, we now ask them to come forth and prove who they are and where they've been living. The Act seeks instead to punish American businesses for employing illegal aliens. Al- though these aliens have obtained illegal entry into the United States, they perform the work that American citizens no longer wish to do. This has created a hassle with ethnic American citizens who now have to prove to potential employers their citizenship and legal status. Some may argue that the presentation of a birth certificate and social security card is not an undue burden, but it has the effect of enhancing ethnocentric fears. Lastly, I must agree that these types of restrictions do nothing but hinder the progress of American businesses and the development of free trade. Daniel Ibarrondo Students Deserve Praise To The Editor: A small group of students deserve the student body's grateful support and thanks for their stellar accomplishments. Perhaps the best two examples of these efforts are Lisa Sizeland for coordinating the recent impressive report to the Dean on student concerns, and Kelley Omel for planning, organizing and directing a handful of outstanding social activities for law students which were novel, enjoyable and done Furthermore, the Immigration and Naturalization Service, although they granted author- well. Other examples include Karen Comstock's effort to introduce a much-needed public interest loan forgiveness program here at ÜB, and the many contributors to Lisa Sizeland's report to the Dean. The UB Law School will be the ultimatebenefactor of these concerned students' commitment and energy. Let's hope their efforts are contagious! John J. Bonazzi Magavern's Criticism Unjustified not ask the writer what he/she meant. We did the next best To The Editor: In the last issue of The Opinion, Bill Magavern raised the issue of the Law Review's elitism. In not passing on his merits (or lack thereof) I would like to rebut his criticism of the SBA's "miscellaneous committee." This committee is part of the subcommittee which developed a position paper for presentation to the Dean. One of the many suggestions received was an anonymous letter stating, in part, "open up and democratize the law review, the last bastion of elitism at ÜB." This letter suggested that it could be done by opening up membership to all those who do the work. As we did not know who submitted this suggestion we could f • %n\ \ \ f(Wj kfi V I I a thing. It was discussed in the committee, we asked other students and we questioned some current members. None expressed similar opinions. (Though some undoubtedly share these views it would have been impossible to question the whole student body.) The committee could do no more. What was meant by the statement? Did doing the work mean regardless of quality? Or was the writer suggesting that the work had to be at least high school level? What was the work to be? The current case note competition? A 50-page paper? In short we could not present the issue to the Dean unless we were able to have a stated position and some facts to back up our position. Fearful of missing a valid concern and respectful of each student's time spent in writing their suggestions, the committee posted all suggestions outside the library. Further, the position paper was printed in its entirety in The Opinion. The students were free to disagree and act on their concerns. To cover all the issues, we needed participation. Much credit goes to Lisa Sizeland and all those who worked on the paper. Those with criticisms should ask themselves why they did not take a more active part in the drafting of the paper. Then maybe next year, people won't have to write to The Opinion and ask the newspaper to write an update. James P. McClusky Have a great time in FLORIDA this Spring. But please... Ml H Have a "SAFE BREAK '88" jfeAi©\ Make this the best Spring Break ever. c saf est one also. v ma <e )ur oal <~ 9 st 0 aye no stuc ent deaths due to alcohol or drug related accidents, or non-use of safety belts. vS\ * ' '* *^ \\of>\A \ NEW YORK COALITION FOR SAFETY BELT USE 8 stubborn refusal to alter policy, the administration is acting the role of an accomplice to discrimination. We, as alumni, will refuse to contribute any funds to the law school as long as the law school continues with its current policy of discrimination. We encourage students to continue in their protests, knowing that someday brighter administrative heads will prevail. ' ' BUCKLE UP IN FLORIDA... IT'S THE LAW! �Res Ipsa Loquitur Way Down, Way Down In Alphabet Town Good Morning, Buffalo! The flu is going around, Jesse Jackson has won seven states, the weather is getting better, Jesse Helms will not run for President in 1988 and the war between Iran and Iraq still continues. At least some things are stable in life. There's been so much happening these days that I felt like writing my column in Chinese. (Oops, now the Chinese law students are going to get mad at me for mentioning their ethnicity.) Why is everybody so jumpy and touchy these days? Relax and enjoy the ride. Today we focus on that allAmerican favorite pastime, controversy. Controversy has been with us since the days of the dinosaurs. It later became a favorite of the Roman Empire, passed on to the Greeks and I guess the Corinthians until it settled in Spain. While in Spain, the world did not know much about controversy because things were kept pretty quiet. And then man appeared and ... by Daniel Ibarrondo walked on two feet. Today we still question this. No, not man's appearance, but whether we've masteredthe art of walking. Witness Gerald Ford. (Actually, that had nothing to do with learning how to walk. His wife had the drinking problem and he felt the effects.) Anyway, moving right along, the Europeans soon mastered the art of controversy. Somewhere along the line during some type of imperialist war, Americans came, conquered and appropriated controversy. Jerry Falwell made it a household name and Geraldine Ferraro embodied it. Today, Good Morning, Buffalo presents our new movie and book review series entitled American "Controversy: Style." In one corner we have the GAY group fighting against the JAG group. In the other corner we have the NLG group supporting the PLO group and getting other groups angry. (Better you than me, buddy.) What we have here folks is an alphabet city of angry people. The common line between all of these groups is the protection of human rights. To create the right atmosphere, we add a fire alarm mentality. That is, we have the entire school thinking twice about what they say before we accuse them of being racist, sexist, ageist and everything else. (What I don't understand is why "feminist" is not included in this category. The abuse that all American men must take by them is incredible. Now I'm really going to hear it!) To put the icing on the cake, on the sidelines we have another group talking about open admissions to the LR (Law Review) group. As Yakov Smirnoff would say, "America I love it. Wha'ta country!" — The scene is in front of the second floor library. The title is "The Six Minute War." The actors: us. The orator: Geraldo Rivera. Unfortunately, I don't have enough space here to tell you what happened. I can only do a movie review. They sought open borders and open admissions; they used slash-and-burn methods; they attacked each other and hid behind trojan tables; they blasted employment practices; they sought real men. It was controversy at its best. The NLG on one end arguing against JEW and JAG. The PLO was nowhere in sight but were aptly represented. The JAG was coming back with blows of their own against the PLO. Or was it the NLG? Or was it the GAY? Either way, it was the best show I have seen. The LR group, sensing the growing opposition to their membership, went out to recruit more women to join them. They figured that if their territory was going to expand, it might as well be women. (Way to go, guys!) Cheering on, sitting in the bleachers, was the RIGHT group. The RlGHTgroup attacked the who in turn sought refuge with the CLS Guild Perspectives group. The CLS group didn't say a thing about the GAY, NLG, LR, JEW or PLO groups. They lied, misrepresented issues, passed out propaganda mateunderunderscored, rials, American What true mined. spirit! At the end, the PLO infiltrated the JAG groupand closed ranks against the GAY and NLG groups. Or was it the LR group that closed ranks against the GAY and NLG groups? Either way, this was better than "RAMBO." A real patriotic demonstration of the American way of life. Unfortunately, there were no heroes, no Ollie Norths in this movie. However, the portrayal of typical American misinformation and confusion of issues hit home. Truly a mustsee movie! Next week, Good Morning, Buffalo will review the Oscar award-winning movie based on the biography written by Jacqueline Onassis, "Yasser Arafat, I Did My Way." by Troy Oechsner Why We Fight For Human Dignity: End JAG Visits "Aren'tthose queer,crippled, old farts a pain in the ass!" In the last issue of The Opinion, Shawn Griffin wrote a letter complaining that the NLG was denying job opportunities by calling for a policy which would end Career Development Office support of employers who discriminate on the basis of sexual orientation, handicap, or age. In particular, he objected that such a policy would prohibit the military's lawyer corps (JAG Corps) from conducting interviews on campus because they will not hire lesbians, gays, the handicapped, or people over 35 no matter how able they may be as attorneys. — It is highly ironicthat Mr. Griffin claims that this non-discrimination policy will deprive students of an opportunity to interview with JAG. What about the job opportunities of lesbian, gay, handicapped, and older students who wish to serve their country? Mr. Griffin (assuming he does not fall under one of these categories) may simply go offcampus to interview if this policy is implemented. Where do lesbians, etc. go? As freedom-loving people, we Americans no longer allow discrimination on the basis of basic unchangeable personal characteristics such as race, sex, and national origin. Is someone's sexuality, physical ability, or age any less of a basic unchangeable personal characteristic deserving of constitutional protection? Do these characteristics have anything to do with a person's ability to be a competent lawyer in the service of their country? Mr. Griffin correctly pointed out that the Supreme Court has condoned the discrimination currently practiced by the military. So what? The Supreme Court also declared that slaves are property (i.e. Dred Scott). Just because the Supreme Court says it is permissible to discriminate does not mean it is morally defensible. Mr. Griffin incorrectly commented that "there were 25-30 students who interviewed with JAG." On Feb. 23 (the date I assume he is talking about) there were exactly 13 students who signed up for JAG interviews out of at least 15available slots. Exactly 11 of those were NLG members who went to question the JAG officer conducting the interviews about their discriminatory policies. I was one of them. In fact, CDO reports that six of last year's graduating stu- The "Right" View dents went to work for the military. By the most conservative estimates, 10 percent or more of the U.S. population is gay. This would translate to over 80 law students. Throw in a few handicapped and a goodly portion of olderstudents and we're talking an easy 100 law students or roughly 13 percent of the student population. So, Mr. Griffin, does this still seem like a "small number of gay students" who are being discriminated against? The NLG feels strongly that UB should not continue to participate or contribute to employment discrimination. We support the SBA's resolution that UB Law School adopt a policy of non-discrimination which includes sexual orientation, physical disability, and age. Such a policy is consistent with Cuomo's Executive Order 28 (prohibiting all state agencies from discriminating on the basis of sexual orientation) and SUNY Board of Trustees resolution 83-216 (prohibiting SUNY from discriminating on the basis of sexual orientation). Numerous schools have adopted similar policies including Harvard, Yale, NYU, Columbia, UC Berkely, UCLA and Syracuse. Dean Filvaroff has just appointed a committee headed by Prof. Ewing to look into this matter. We hope they will join the movementto divest our universities from discrimination. Back in the 1930's the NLG fought the ABA's policy of not admitting women and people of color as members. It's now 1988 and we are continuing that fight until all peoples are judged according to abilities. by James McClusky and Kenneth Neeves Federalist Society Symposium Held at Univ. of Virginia The seventh annual national symposium of the Federalist Society for Law and Public Policy Studies has held at the University of Virginia School of Law on March 4th and sth. We joined several hundred students from real law schools from throughout the country to discuss the issue, "Are There Unenumerated Constitutional Rights?" This wide-ranging discussion explored the nature and extent of constitutional rights and liberties in modern society. The maintenance of adequate constitutional protection of individual freedom against the excesses of government power has long been a concern within the republic. The several states voted to ratify the constitution only after assurances were given that an explicity enumerated Bill of Rights would be added to it. The first ten amendments designedly supplemented the safeguards of individual liberty inherent in a federal govern- ment structure of limited pow- ers divided among the branches. More recently, the post Civil War amendments have further strengthened constitution protection of specific areas of individual right. Tension developed as the judiciary became more active in "interpreting" the written constitution. During the Lochner era the Supreme Court used the Fourteenth Amendment aggressively to protect economic liberties from government interference. By the late 19305, the Court had retreated from such significant protection in the economic realm. More recently it has been increasingly willing to intervene on behalf of other personal rights, such as "privacy" and autonomy. Constitutional language has been stretched to include extraconstitutional rights in cases such as Griswold and Roe. This symposium featured speakers who discussed and advocated various methods of judicial interpretation and constitutional theory. As part of the symposium there were five formal panel discussions. The first such panel, moderated by Supreme Court Justice Antonin Scalia, addressed the question, "Do we have an unwritten constitution?" The one thing that all the panelists agreed upon was that there is a written one. The panelists included Professor Paul Bator, Professor Michael Moore and Professor Ronald Rotunda. The second panel vigorously debated "The Ninth Amendment and its relation to natural rights." This panel was moderated by Judge Daniel Mahoney of the Second Circuit and included Dean Norman Redlich of N.Y.U., Assistant Attorney General Charles Cooper and Professor Randy Barnett. The panelists disagreed about the original purpose of the Ninth Amendment, its relationship (or non-relationship) with the Tenth Amendment, and what theory of right should properly be applied to constitutional questions. The next panel was concerned with "The modern role of the or privileges immunities clause." Judge Harvie Wilkinson, 111 of the Fourth Circuit was the moderator. The panel, highlighted by Professor Nino Graglia, also included Professor Sanford Levinson (co-author of everyone's favorite, Processes of Constitutional Decision Making), Clarence Thomas (chairman of EEOC since 1982) and Michael K. Curtis, Esq. (NCCLU). Although it got off to a slow start, the philosophical differences between the four panelists, which professor Graglia pointedly emphasized, soon became the source of good-natured intellectual contention. Next came Judge .Stephen Williams of the D.C. Circuit moderating "Privacy and personal liberty under the due process clause." Professor Daniel Ortiz (U. Va.) argued that infus- ing a concept of privacy would perpetuate the consent needed to legitimize a constitutional form of government. Professor Jules Gerard (Washington in St. Louis) disagreed, indicating that the constitution was legitimate without such an infusion. Professor Lillian BeVier took a different approach, arguing that the term "privacy" should bereturned to its etymological roots before such a discussion would be fruitful. "The role and relevance of the amendment process" was the topic of the last panel. Moderator Judge Frank Easterbrook of the Seventh Circuit led a pen including Professing Akhil Amar (Yale), Assistant Attorney General Stephen Markman and Professor Larry G. Simon (U.S.C.) Professor Amar advanced the theory that to limit the means of constitutional amendmentto the Article 5 process would deny a segment of the populacontinued on page 15 March 16, 1988 The Opinion 9 �Arbitrariness of Olympic Sports Participation Unfair by Jeff Markello The athletes. The excellence. The competition. The Olympics. The excitement generated by watching your country's team compete is like no other. except if you are an American in 1988. Because of the extended coverage it receives, we are all in touch with how poorly our athletes are faring this year. Even so, it is easy to remember how good it felt in 1980 to see Mike Eruzione help our hockey team win the gold. What a name only in our great melting pot. Our nation was swelled up with pride, for we had just beaten the Soviets at their own game. A strong America you couldn't help but feel proud. It's remarkable how the Olympics can touch the lives of . .. .. non-participating spectators with such impact. In light of this, try to imagine the force with which a victory or defeat hits an athlete. Here's one vote to take the athletes themselves more into consideration. Let's try to put less emphasis on glory of victory and play down the agony of defeat. theathlete doesn't need any more berating than he already gives himself or herself. Please, let's put these games in proper perspective. What's the first thing that first-year law students are told by their professors when grades are first posted "Don't let this grade affect your self-esteem or alter your goals. This letter that I've assigned to you does not mean that you are a good person or a bad person. In fact, it doesn't mean anything at all." . .. After a quick check around of your immediate friends and a review of your exam, you begin to realize that the grading was largely arbitrary and there was nothing you could do about it. The Olympics are the same way. I hope that the competing athletes understand that what's measured out there is not human worth. In fact, the results are more arbitrary than usually thought. What about the extraneous personal factors on the athletes themselves? Law school grades are often heavily criticized as arbitrary and meaningless because they are supposed to be a measure of 4 monthsof work even though the student only has 3-7 hoursto convey all he's learned. What if you weren't in top form during those few hours? Is it fair that you receive Scalpers: NewPublic Servants by Jeff Markello PLACE: Outside the Memorial Auditorium in downtown Buffalo, NY. DATE: The night of any Buffalo Sabres hockey game. TIME: Sometime between 7:00-8:00 p.m. "Tickets. Who needs tickets? I've got tickets." "Who has tickets? I needtickets." "Looking for some good seats, man? I'll set you up real good. Solid blues, 70 bucks you can't find a better price." "Aw, come on I can go inside to the ticket office and buy a couple of seats for much less than that." "No, man. Orange is all sold out. Ten minutes ago, all they had inside was a few scattered reds and blues. And believe me, I betcha that even those are sold out by now. Don't you want to sit next to your date?" "Certainly, but 70 dollars for a pair of blues sounds kind of steep to me." "Friday night with the Rangers in town, it's a big night." "I think I'll shop around." "Hey man c'mere, tell you what. I'll give them to you for 60." "I won't pay more than 50 for . 2 blues." "Alright man, a ten spot." guess you lose then because 55 is my lowest price." "What section are they?" "On the blue line." "OK, 55 it is." The scalper proceeds to query other spectators as they are on their way into the Aud. He sees a couple offans dressed very nicely and figures that they are probably sitting in season-ticket-holder's seats. In that case, it never hurts to ask if they brought everyone along with them, or might have an extra ticket that they're looking to get rid of. "Extra tickets, who's got tickets? I need tickets. Any extra tickets tonight folks?" "Yeah, we couldn'tfind a fifth person who wanted to come to the game with us tonight, so we do have an extra ticket." "Oh yeah man? Where's you sitting?" "Upper gold, section 2." "I'll give you 8 bucks for it." "Eight dollars? It's worth three times that much." "Hey man, it's only a single seat behind the goal and there's less than 5 minutes before faceoff. Believe me, it ain't worth more than 10. Here, I'll give you I "Alright, something is better than nothing." The scalper turns around and once again becomes a salesman. If the game is sold out, he'll go on to sell that same upper gold ticket for close to $60, making himself a tidy little profit of 600%. This about-face in role-playing is what allows the scalper to buy lowand sell high. All that evening represents to him is a night at the "Memorial Auditorium Seat Exchange." Just as the Stock Exchange on Wall Street, if he buys lower than he sells, he comes away happy and can be proud of the good night's work. The art of scalping really only requires a working knowledge of the market economy and a little bit of capital to get you started. Inside connections are essential for a big killing on a slow night. A good scalper tries to find some business executives whose company gives them hockey tickets (preferably season tickets), and who don't give a hoot about this Canadian sport. The scalper can sometimes talk this executive into continued on page IS only a Q, or even a D, if you stumbled? Well, how about the pressure that an Olympic athlete must feel knowing that she worked very hard for more than 4 years to have the world evaluate her and pass judgment on how well she performed in a time span of 3-7 minutes. Imagine how frustrating it must be for the Olympic athlete to not be able to guarantee a peak performance. We, as law students, have no idea what it's like to really be under pressure. So no more bitching come finals OK? Dan Jensen knows what it's like to have a bad day, a bad week. Hours before he was to compete, this U.S. skater learned that his sister had just died of Leukemia. Although recognized by many as the best in his sport, this wonderful athlete fe11... in both of his races an occurrence that is unheard of at an Olympic level of skating. How important are the Olympics? Will Dan Jensen get another chance like the one to which he devoted the last half decade? Probably not. How important are the Olympics? While the current system of judges may be the most fair way to determine a winner in the ice-skating events, doesn't it seem a little arbitrary? What about an athlete's reputation or expectations held by the nine judges prior to the performance? Do these expectations affect the judges' perceptions of the quality of the athlete's performance? Because of this flaw alone, can this be considered unconditionally fair? I doubt it. How do we really know what was going through a judge's mind when she awarded a higher or lower point score than the rest? How will the whim of that judge affect those elite athletes separated by a mere fraction of a point because of that judge's whim? I would even say that the gold is often won on a whim and a prayer. How fair is it that you have to ski your downhill run toward the end of the day when there .. ... Off The Court is more ice exposed than when the fortunate earlier skiers completed their runs? In the Alpine skiing events where the athletes are separated by hundredths of a second, every flake of snow matters. Is it fair that your best jump was thrown off because of a sudden gust of that heavy Calgary crosswind as you were jumping 90 meters? The wind was calm when your competitors had their turns. Talk about frustrating. When a team spends years together working on its time and on the eve of the competition a professional football player steps in and plans to compete at the expense of one of his hard-working compatriots, how are these men to react? One of the biggest events in the lives of the U.S. bobsledders is disturbed by this last minute change in personnel. What about that intangible quality of teamwork that can't be replaced? Isn't that worth anything? Who decides the meaning of the word "professional" and are these the best criteria? Nine judges, hundredths of seconds, the chili-dog eaten before competing, the noisy hotel where you couldn't get to sleep the night before, the crowd, or just a bad day. It just goes to show you that these Olympic games are not necessarily the last word on who's best in the world. There are too many factors that when added up can play too big a role in the outcome. In the end, precious metals are awarded to some of the excellent athletes. The selection process is largely arbitrary and for this reason many well-deserving athletes go home empty-handed. The medals do not measure personal value. I hope the athletes can all take this competition in stride. It certainly is fun entertainment. A great pleasure to watch the human body pushed to its limit and perform in beautiful ways. It's a lot of fun. That's all, nothing else. Just a lot of fun. Now that it's over, itall makes more sense. by Andrew Culbertson Greed Took ThePlace ofAmerica's Favorite Pastime Well, it's that time of year again. March has arrived, the ground is beginning to thaw, and baseball is just around the corner. Baseball. Indeed, there is something magical about the term. While hot dogs, apple pie, and Disney World have become tiresome cliches for "things" American, baseball has consistently maintained itself as something that is truly American. Unfortunately, this may be truer than we might like to believe. Poor Abner Doubleday. He merely set out to invent an innocent game. Little did he know that this "innocent game" would someday come to reflect one of America's most notorious qualities: greed, pure and simple. In the early days of the game, baseball truly was "America's pastime." This isn't to suggest, ballplayers however, that weren't economically motivated. Like any other worker, the typical baseball player has always believed that he should be well paid for his services. 10 Take Babe Ruth, who received a then-unprecedented salary of $80,000 in 1930. When he was informed by a reporter that he was making more money than President Hoover he merely replied, "I should be, I had a better year than hedid." standards, By today's $80,000 in 1930 was a lot of money. At the same time, Ruth was also the greatest player of his day, and was capable of commanding this type of salary. Oddly enough, his salary didn't act as a catalyst in increasing the salaries of other players. To prove my point, at the peak of his career, Willie Mays (arguably the greatest player of his day) never made more than $100,000 for a single season. In a period of 35 years, the game's best player had received a modest raise of $20,000. However, the scale on which ballplayers were paid would shift dramatically in the next 20 years. Today, the average major leaguer makes approximately $450,000 per season, while the superstars make upwards of The Opinion March 16. 1988 s2.s million a year. Roughly calculated, this works out to about $3,000 per at bat, or $14,000 per game. To put that in perspective, Jim Rice made twice as much money as I did last summer. For one at bat. Receiving a large salary doesn't necessarily make one greedy. However, it would be sheernaivete to suggest that altruism on the part of team owners is what is responsible for this astronomical increase in players' salaries. A number of factors, notably the advent of free agency, have led to what can only be described as blatant avarice. The stories of greed are endless. Bob Homer, dissatisfied with his team's offer prior to the 1987 season, opted to play in Japan. What did the braves offer him? A mere $900,000. Don Mattingly, unhappy with the Yankee's contract offer prior to last season, took them to arbitration. He wanted $1.9 million, and they had the nerve to offer him a measly $1.5 million. He ended up getting the $1.9 million. A classic example is Andre Dawson, a player whose career was in serious question only a year ago. Faced with the realities of age and injury, he willingly agreed to play for no more than $500,000, a large pay cut for him. In what may have been the greatest comeback season of all time, Dawson slugged 49 home runs and won the National League MVP Award. Rejuvenated at the plate, Dawson sought rejuvenation in his wallet as well, asking for what amounted to a $2 million raise. What's most disturbing about this unbelievable increase in players' salaries is that it is seemingly self-perpetuating. For example, when a player receives an unprecedented salary, players of equal ability demand to be paid the same amount. To this extent, it'salso an ego problem. Players have the attitude that if so-and-so hits 30 home runs and I hit 30 home runs, why is he making more money than I am? When con- tract time rolls around, they are quick to point this out. As greedy as some players are, the owners are just as guilty. After all, they're the ones agreeing to pay these exorbitant salaries. Owners want their teams to win. To this extent, they are willing to pay literally any price to get the best players. As long as owners keep signing players for unprecedented sums, salaries will continue to rise. At this point you're probably saying to yourself, "So what? I really don't care how much money these guys make." Remember that the next time you go to the ballpark and pay $5 for a warm beer and $4 for a cold hot dog, or the next time you pay $10 to sit in the "nosebleed" section. The bottom line is that every time a team increases its payroll, the fans are the ones who foot the bill. Doubleday invented a game that could be played by rich and poor alike. Unfortunately, it is the rich who are playing and the poor who are paying. �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: H ij i nl ij *l il Isn't that what a Bar Review Course is all about? PEEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 willis avenue, mineola, new york 11520 (516) 747-4311 The Bar Course That Cares. phone: March 16, 1988 The Opinion 11 �Federal Gov't— A Good Route Into Antitrust Law by Jennifer L. Krieger (The following article is based on a presentation made at the International Law Careers Day Conference hosted by the Chicago-Kent International Law Society and the lIT ChicagoKent School ofLaw in Chicago on October 30, 1987.) Spencer Waller, a former trial attorney with the U.S. Department of Justice's Foreign Commerce Section, Antitrust Division and an attorney with Freeborn & Peters, clearly feels that working for the federal government is a great way to start a career in international antitrust law. He is enthusiastic about both the quality and quantity of opportunities to do so. Mr. Waller believes "one of the greatest aspects about working with the United States government in the field of international trade is that you have more career opportunities because everything is so disorganized." That is, "There is no single department of trade that has jurisdiction over this area. As a result, every governmental cabinet office, every quasi-independent agency has to have some people who are knowledgeable about international law, international trade, and international affairs." Mr. Waller explained that "when there is an issue of international trade before the gov- instance, for whether or not to restrict imports rather than the decision being made by a single government agency, the decision is made by inter-agency task forces which bring together people from the Labor Department, the Commerce Department, the Justice Department, and all the other areas, to caucus and to come up with recommendations." Having joined the Justice Department after completing the traditional one-year judicial clerkship, Mr. Waller feels that he had a tremendous opportunity to work on matters that a young lawyer typically would not get the chance to work on early in a career. For example, as a trial attorney in the Antitrust Division's Foreign Commerce Section, Mr. Waller "put together the views of the Justice Department to present to the Department of Commerce and the International Trade Commission in a case involving textile exports from the People's Republic of China." The issue was whether United States laws involving subsidies and countervailing duties would apply to imports from a non-market economy. Mr. Waller also had the opportunity to "work on investigations, both civil and grand jury, of international cartel activities, international mergers and ernment — Coaches' Liability Is Topic Of Talk Sponsored by ELS by Jeff Markello On Wednesday, March 9, the Entertainment Law Society had its first outside speaker event of the year. After finally getting is Constitution written and elections conducted, the Entertainment Law Society started off its series of events with a bang. Speaking was SUNY Buffalo Law Professor Patrick Rimar. Mr. Rimar teaches "Professional Contract Negotiations" (better known as Sports Law) during the fall semester. He is currently praticing law in Williamsville, concentrating most of his work in the representation of small local corporations. This UB Law alumni explained that he was not going to beable to give an hour talk on the topic of sports law simply because the topic is too wide-reaching. After explaining that sports law is a compilation of all kinds of different areas of law, Mr. Rimar chose one aspect of sports law that he thought might pertain to some of those in attendance "Coaches' Liability." Mr. Rimar who seemed to be somewhat of a sports enthusiast, realized that many of us will have occasion at some point in our lives to coach amateur athletics in one sport or another. Therefore, he felt that we should be aware of some potential liabilities. In order for an athlete to collect for an injury, Mr. Rimar reminded us of the three elements necessary for any personal injury lawsuit: negligence, damages, and money to draw from. He said that even though most amateur coaches aren't being paid to coach their team, there are still duties to his players, typically children, which the coach is responsible to fulfill. He briefly outlined some of these in his talk. .. 12 The coach is responsible for what he directs his player to do. So if the coach tells his player to "go kill that guy out on the field," and his player breaks the guy's leg, then the coach is liable. The coach is also responsible for training his players with proper technique. Therefore, the football coach who teaches his player to tackle by spearing his helmet into the ball-carrier is liable if his player sustains a neck injury as a result of tackling. A wise coach will never send an injured player onto the playing field because an aggravation of the injury would be the coach's fault. By the same token, a coach should make sure that all of his players have passed a physical examination before competing, and stress proper physical training through education. It's not wise for a coach to try to instill toughness in his players by telling them to "run it off" when they complain of being hurt. "running it off" is not going to help a broken wrist. Likewise, a coach should never play his team out of its age or weight class unless he wants to open himself up to greater liability. Also, a coach is not required to give medical help to a player who is hurt unless it looks like a dangerous emergency. In fact, a good rule of thumb is to let the player move herself off the field, and if she is unable to, then call the rescue squad to handle any injury that is so severe. If in the process of trying to help an injured player off the field or in some other way, the injury is aggravated, the coach may be held liable. Legally, a coach is not liable unless his action caused or created the in- The Opinion March 16.1988 . other types of antitrust problems." One project, he noted, involved allegations that Japanese manufacturers had engaged in a 20-year conspiracy to drive American manufacturers out of business. Mr. Waller noted that this case was first filed when he was in seventh grade and by the time he was ready to leave the Justice Department the case was ready to go to the Supreme Court on the limited issue of whether summary judgment was proper. According to Mr. Waller, "The Justice Department takes the position in front of various agencies that antitrust and competition are important factors that must be considered in all governmental decisions." Thus, the Justice Department intervenes before the International Trade Commission whenever there are issues that touch on antitrust or consumerinterest competition. While Mr. Waller believes that the United States government is one of the best clients to have on matters that are both significant and interesting, he admits that finding jobs in the area of international antitrust law within the federal government can be confusing. Primarily this is because each agency has its own application procedures and deadlines. Mr. Waller advises law students searching for jobs as international antitrust attorneys for the federal government to "keep your eyes open and be as creative as possible." He points out that "within the White House there is the Office of the United StatesTrade Representative; within the Justice Department there are civil lawyers who practice international matters; criminal lawyers who work on matters of extradition and treaties involving criminal law; tax lawyers whose focus is international within the government; and environmental lawyers who work on international matters." But don't stop with the Jus1 tice Department. Mr. Waller also highlights the Commerce Department, saying it "has a whole slew of people who administer the anti-dumping and countervailing duty programs as well as set part of the trade policy for the United States." Other agencies which should also be considered are the Federal Communications Commission and the Federal Trade Commission. In conclusion, Mr. Waller stated that "by working for the federal government you'll get your chance to work with some bright people and you'll get your share of frustrations. But I thinkthat you can either spend a fantastic career there or a short stay on the way to practicing in any one of the other areas of international law." International Trade Law Careers by Jennifer L. Krieger (The following article is based on a presentation made at the International Law Careers Day Conference hosted by the Chicago-Kent International Law Society and the lIT ChicagoKent School ofLaw in Chicago on October 30, 1987.) Imagine that you're sitting in your office on a beautiful Monday morning. In walks the president of the major U.S. producer of holiday gift food packages. She sits down and says to you, "I've got a problem: All of my holiday gift packages include pistachio nuts. We put pistachio nuts in canisters, in mixed-nut assortments, and in and on other food items." (Her company is a very big purchaser of raw pistachio nuts, and Iran, you later discover, is the major producer in the world of pistachio nuts and is this client's product source.) Continuing, she describes how she imports these raw pistachio nuts, processes them in her company-owned factories in the U.S., and puts the nuts into the company's gift packages which are then shipped around the world. There's a problem. Earlier in the morning the President announced that all imports from Iran are banned. Your client then says to you, "I have just five questions: "1. Can I bring my raw pistachio nuts into the U.S.? "2. Can I send the raw pistachio nuts to Greece and then import them from Greece? "3. Can I buy raw pistachio nuts from a Greek wholesaler who just happens to get the raw pistachio nuts from Iran? "4. Can I send all the raw pistachio nuts, which are already on a boat on the way to the U.S., to Mexico, process the raw pistachio nuts in Mexico, and then bring the processed pistachio nuts into the United States as products of Mexico? "5. Can I go to Mexico and buy finished food packages anything that contains pistachio nuts? I'll just find a Mexican source and won't bother with whether or not the Mexican source uses Iranian pistachio nuts." According to Lawrence Pilon, a founding member of Hodes & Pilon, whose primary focus of practice is customs and interna- — tional trade regulation, these are the types of questions you get when you are a customs and international trade regulation attorney. "As an international trade regulation attorney, your clients will be businesses. They are importers, exporters, retailers, wholesalers, and manufacturers. Additionally, some are U.S. businesses (companies which we associate as a U.S. industry); others are U.S. subsidiaries of foreign businesses (it is very common for a foreign business to break into the U.S. market by forming a U.S. subsidiary)." Describing the type of legal counseling you will do, Mr. Pilon stated that "you are almost exclusively advising your clients on U.S. civil law. Rarely will you get a question as to what the Chinese or Canadian law is on a particular question. Typically, you will be consulted as to the U.S. law governing a particular international transaction. There might be import restrictions, such as quotas or embargoes, health and safety restrictions,, export restrictions, technology retraints, and strategic and policy considerations." Apparently routine items can have substantial international trade implications. "I would imagine that most people, at first guess, wouldn't think that outboard motors are, in fact, a strategic item," stated Mr. Pilon. "But if you have been reading the papers, you know that outboard motors are, in fact, a very strategic item if they are put onto the back of Iranian boats." Mr. Pilon explained that "all of the law in this area (international trade regulation) is very new, because it is changing all of the time." He also added that as an international trade regulation attorney, "your opponent or the decision maker you are asked to influence is usually the U.S. federal government, i.e., the Customs Service, Commerce Department, Office of the U.S. Trade Representative, International Trade Commission, and International Trade Administration." Litigation opportunities are many in the area of international trade regulation. Often issues are litigated in front of the Court of International Trade which sits in New York. Appeals taken from the Court of Appeals for the Federal Circuit go to the Supreme Court. Additionally, many of the administrative agencies with which an attorney would work have administrative court-like procedures. "The International Trade Commission, for instance, holds hearings that are every bit like traditional court proceedings," stated Mr. Pilon. In terms of where law students should lookforjobsinthe field of international trade regulation, Mr. Pilon stated that although traditionally this type of work is done, for the most part, by boutique firms (firms which have a small number of attorneys, 2-6, practicing in a highly concentrated area), there currently is a trend to include this area of practice within the larger firms. Pilon noted that "the lawyers who practice in this field go to where the problems are." Geographically, this means practicing in New York, Washington, D.C., Chicago, and Los Angeles. Mr. Pilon added that there are also a few attorneys practicing international trade regulation in Miami. Pilon's firm and firms like his are highly computerized. "A lot of my research is computerized. We use Lexis and other computer databases for much of the research that we do. We also depend heavily on computers for statistical and data analysis. It is a very technologicallyoriented practice." In terms of law school preparation, Pilon stated, "A good background in law school is sales, tax, antitrust, and international business transactions. You do not need to specialize in public international law. You do not even need to specialize in private international law, although that, of course, would help." Mr. Pilon concluded by observing that "this is an area where you probably get your best training from your job: either with a firm that specializes in customs and international trade regulation or with one of the government agencies that you will be opposing. Many of the attorneys in this area have, at one time or another, workedfor the government and it is very good training." �LALSA High School Outreach dents from the Buffalo hispanic community were transported to O'Brian Hall for the all-day educational event. Upon arrival the students gathered in the faculty lounge for orientation and breakfast. Soon thereafter, the students were given a financial aid presentation by a member of the university financial aid office and were supplied with literature on college costs and ways of funding their college educations. The students were then separated into small groups of two orthreeand given aprivatetour of the Amherst Campus by members of LALSA. Lunch followed the private tour and then the students went to the Moot Court room where The Honorable Judge Raul Figueroa delivered the keynote address and Dr. John E. Benitez followed with another address to the students. Judge Raul Figueroa delivered his address in English and spoke mainly about his background in order to emphasize thefact thatanyone can achieve great things so long as they have the desire and dedication to do so. Judge Figueroa was born in from page Puerto Rico and came to the U.S. when he was 11 years old. He was the son of migrant farm workers who came from Puerto Rico and settled in Dunkirk, New York. He received his Bachelor of Arts degree from SUNY at Fredonia in 1971 and graduated from SUNY at Buffalo School of Law in 1977. After passing the New York Bar, Judge Figueroa served as an Assistant Attorney General for New York State and later as an Assistant United States Attorney with the U.S. Attorney's Office in Buffalo. He was subsequently appointed as a judge of the Buffalo City Court in 1984 and in 1985 he was elected to the Buffalo City Court. Judge Figueroa noted in his keynote address that hispanics are grossly underrepresented in the legal community. He commented, "There are 18 hispanic judges in the State of New York, 17 in New York City and me. Also, there are only four hispanic attorneys in Erie County." Judge Figueroa concluded his address by encouraging the hispanic students to pursue higher education. Dr. John E. Benitez then addressed the students in Spanish and he talked about the economic and social condition of hispanics in the United States and what they must do in order to become more productive units of society. Dr. John E. Benitez was born and raised in Puerto Rico, graduated with a Bachelor of Science degree in accounting and worked as a bankerfor several years in Puerto Rico. He later studied two years of law at the University of Puerto Rico Law before joining the United States Air Force as an officer. After severalyears in the U.S. Air Force he moved his family to Rochester, New York where he also worked as a banker for a couple of years. Later on, he received a Masters Degree in educational administrationand policy from the University of Rochester and worked for approximately seven years as an administrator for the Rochester City School District. Finally, he attended SUNY at Buffalo in pursuit of a Ph.D. in educational administration and policy and received his doctorate degree in 1985. Currently, Dr. Benitez is an Adjunct Professor at SUNY College in Brockport teaching graduate courses in educa- tional administration and policy. In addition to teaching he also serves as the Assistant Director of Minority Affairs and as the Assistant Director of Foreign Affairs for SUNY College at Brockport. He concluded his address by stating that since many of our hispanic parents lack the benefits of higher education they are in too many instances unable to give proper guidance to their children with respect to the importance of higher education. Dr. Benitez urged us to help close the gap that many hispanic parents are unable to fill by giving proper guidance to the hispanic youth and serving as respectable role models. After the last address the students participated as jurists in a mock trial played out by firstyear hispanic law students. The acting judge was played by Dave Woods, a third-year law student whom we obtained with the help of Professor Ewing, who was also instrumental in the coordination of the mock trial. The trial dealt with an alleged rape and the jury handed down a not guilty verdict after having carefully reviewed the evidence and not being able to substan- THREE REASONS 1 INTENSIVE QUESTION REVIEW: Over eighteen hours of in-class is analysis experienced law school Have a great time in Florida this Spring. an by professors integral part of every SMH and Kaplan-SMH BarReview course at no extra cost. question But please... 3 your buc*"up ITS THBLAWI Have a "Safe Break W! is 2 explained for you—not outlined need to know for bar texts. comprehensive —in you tiate the victim's allegation that she did not consent to the sexual intercourse that took place between her and the accused. After the mock trial everyone moved to the student lounge for informal socializing and food and refreshments. In conclusion, on behalf of LALSA I would like to thank the individuals and following groups who participated and supported our very successful first annual High School Outreach Day: Lillibet Torres, Coordinator for the Hispanic Youth Education Program located at the La Alternativa office in the Buffalo hispanic community; Julio Martinez Jr., Coordinator for the Hispanic Targeted Outreach Program located at the John F. Beecher Boys & Girls Club in the Buffalo hispanic community; Judge Raul Figueroa and all the other city officials and attorneys that took time out from their very busy schedules to participate in our event. Also, All the City School District administrators and teachers who attended the event; Dr. John E. Benitez; the law school administration for helping us fund the event; and all the students who helped organize and execute the daylong program. 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CALL US OR VISIT US FOR A QUOTATION TODAY! jM LrtTfCO ■~"™I1W' 3171 Main Street (Main S. ol Winspear) NY 835-0100 Buffalo, i^4§iJo^iNir l676 Nia FaMs B,vd %:T"J\rg7""r' ©1987 Kaplan RESUME SAMPLES AVAILABLE SeeyourCampusßep,orcall: buffalo COMPETITIVE PRICING rii\iS>© (across from K-Uart) Tonawanda, NY 834-7046 1111111111111111111111111111111111111111111111111l March 16,1988 The Opinion 13 �Presidential Primaries — from that to what he is today in a word, an embarrassment is truly a sad event. By climbing back into this race. Hart has destroyed his political future. Had he sat this one out, he could have had a good shot at 1992, given this nation's woefully short memory. The Future What's ahead? Well, the next few months are of crucial importance to the frontrunners they need to stay frontrunners. This is much more difficult to do than it sounds, yet it shouldn't pose a problem to Bush. Dukakis, however, must stay alert and campaign well. While he will benefit from the fact that he upcoming primaries are in northern states, he can't take them as a given. Jackson has proved too formidable to dismiss this election year, and Gore may pull off a few more surprises momentum does that kind of thing for you. For the Republicans, the race is over. Bush just needstoshow up and mention "Reagan" every couple of lines to avoid what would be the biggest choke in America since the '86 Red Sox. However, trouble looms for him and with him, the Republicans. The independent prosecutor investigating the Iran-Contra af- — — — — . continued from page 4 fair is about to indict former Reagan Administration officials, and ask very public questions. Trials will follow and this issue will again return to the front page in the months to come. This certainly can't help George Bush. The Republicans have recognized that this issue hurts their entire party, and have steered clear from openly attacking Bush. The Democrats won't be so kind. Bush cannot continue to dodge this issue. He won't forever be asked what his role was by a news anchor, attack the anchor personally while not answering the question, and come out a hero. That RatherVush exchange would have sunk the V.P. had it not been for America's annoyance with the national media. Instead, it put the "wimp" factor to rest. This good fortune will not continue. Bush should have pulled a Ferarro: hold a news conference, admit everything and wait for the hell to blow over. But he didn't, and thefront page stories of Col. North and the rest of those ultra-right extremists that will splash across the paper in the months to come will leave this man very much vulnerable. In addition, Bush is plagued with his new image problem, created in large part by chief rival Dole, concerning his lack Immigration . . We are in the in that area trying to put together next year's curriculum and there are a combination of issues revolving around available people .. These are issues not yet settled." process of In trying to determine which clinic to continue, the law school does not look for a faculty candidate who can be assigned to run a specific clinic. Rather, a clinic is developed based on the particular interest and experience of the people who are hired or who are presently on the faculty. As explained by Olsen, "We don't necessarily bring people to do a clinic, we bring in people with interests and abilities that relate to what we want the clinic to do." This view is shared by Dean Filvaroff, who stated that the Gill, who is a senior associate at Saperston & Day, gave sage advice for employers in employment discrimination cases. Tell clients, he informed the room of attorneys, "never" to respond to any government questionnaire about possible employment discrimination withoutfirst consulting you, the attorney. Evidently, these questionnaires, sent out by agencies like the State Division on Human Rights, are "overly broad" and may lead the government to discover other dubious employment practices that the government does not already know about. Also, it is "important to preserve witness testimony" through the use of affidavits if possible, said Gill. Any friendly employee in a discrimination suit may, if fired, later turn out to be yet another enemy off the employer. Page fourteen The Opinion Indeed, Dole himself declared happily in the South, "George Bush has not made on decision in the past seven years." This can't help him, especially when Bush has the largest negativity rating in the campaign, excluding Gary Hart. Also, Bush is going to be hurt by Robertson in two big ways. First, Robertson may have a big voice at the convention. A lot of the Republican contests from this point on are caucuses, in which active, grass-root people play a large role. That type of committed, enthusiastic delegate can only help Robertson push his weight around in New Orleans, which in turn will hurt Bush. Secondly, on Super Tuesday, Robertson let out a bombshell that wasn't picked up by the networks. When asked if he planned to support the party nominee, he said he would. However, after offering that "it's just a question of how enthusiaticlly I will," he then announced that he planned to offer himself as "a write-in from page 1 law school made a conscious choice not to hire someone to run a particular clinic. "What we want to find out from the candidates is who they are, what they can bring to the school, what areas they would work in, how they would teach, what they would see as the purpose of the clinic, and whether that would fit together with our collective concept of what we want in our clinics." He also thinks this approach is, in the long run, "the wisest way to go about it." To limit candidates to do a specific clinic, he added, would have the effect of excluding the best qualified people who are able and willing to meet the expectations and needs of the law school: to make the clinic a meaningful part of the curriculum, and to allow the faculty Employment Gill, who represents employers, seemed to particularly enjoy needling each other. of leadership ability. Particularly damaging was the ad in which Dole showed a man walking across the snow leaving no footprints. The translation: Bush has left no mark as V.P. . Gill also said that "as you get into discovery it's important to educate the client. since there's a moral overtone to employment discrimination." The employer, explained Gill, may get over "his" initial anger at being accused of discrimination, and consider settlement, when "his" attorneys education "him" about the possible costs of litigation. Most of the traditionally controversial labor relations topics were also discussed. Anne Smith Simet, a partner at Hodgson, Russ, Andrews, Woods & Goodyear, spoke about sex discrimination and harassment. She emphasized, however, that so-called sex discrimination actually means gender discrimination since homosexuals, transexuals and effeminate men, for instance, have generally not been afforded protection from discrimination. In this regard, Simet said that Title 7 of the 1964 Civil Rights Act, while being a helpful piece of legisla- March 16,1988 to teach the clinics that they want to teach. Striking a balance between these two competing needs, the Dean explained, would make a fundamental contribution to the Buffalo community while expanding the student's perception of public interest law. As to whether or not the immigration clinic will continue, depends on whether the law school can succeed in its efforts to find some responsible way to finance it, so that both clients and students can have the opportunity to benefit from it. At this point, however, even Dean Filvaroff cannot tell us what the immediate future of the clinic will be: "I can't give an assurance that there will be an immigration clinic next year, but I am also not prepared to say that there won't be one." from page 1 tion, was "not a fairness statute." Sexual harassment, what Simet called "the pornographic part of my talk," is defined by the Equal Employment Opportunity Commission as "unwelcome sexual advances" with a clear emphasis on the "unwelcome" part. So, warned Simet, employers should not even jokingly banter in a sexual way with an employee who does not desire such bantering. Aside from the speakers' talks there were also very short question and answer sessions and coffee breaks. More food was served at lunchtime for those people who wished to stay. The highlight of the luncheon was when President Sample presented the Edwin F. Jaeckle award posthumously to Manly Fleischmann. Mr. Fleischmann was a name partner in the distinguished Buffalo law firm of Jaeckle, Fleischmann & Mugel. (See related story on page 2.) choice for those who want a conservative alternative." If this guy is serious and I suspect anyone who talks about non-existent Cuban missies, unrealistic opportunities for hostage rescues and healing hemorrhoids can say something like this with a straight face he will be destroying any chance Bush has of winning in November. In 1980, John Anderson took away much-needed support from Jimmy Carter; we all know what happened. While a write-in campaign is admittedly a far cry from an independent campaign, it has the same distraction quality. And the candidate who will be distracted is George Bush. The V.P. Sweeps The newest political game in town is speculation of V.P. choices. For Bush, this writer thinks Liz Dole would be a great choice. She's savvy, tough, and served in Reagan's cabinet. Some people feel Kemp will be called upon in order to shore up support from the conservatives. But the Republicans don't need to shore up that support, as they're going to vote Bush anyway. They instead need to appeal to conservative Democrats, and for this reason, I think Mrs. they'll go with Dole Dole, that is. Assuming Dukakis gets the nod, a southerner would be the — — — logical choice for a running mate to balance the ticket and provide for more appeal to the South, whose voters have killed the Dems the last 20 years. A Texan would be the best choice, as it is an important delegate state and has appeal in the south, but there is no viable Texan out there. Sam Nunn would be great, but would never accept such a demotion. That leaves two obvious choices. Jackson and Gore. Jackson would deliver the South (he got 95% of all blacks in the South) but would be a liability elsewhere. Until Super Tuesday, Gore was a longshot. He is now a solid contender for that position, and his continued appeal rests on his performance in the next few northern primaries. This election is starting to heat up, and becoming more interesting by the day. It'll lead to a fractured convention selecting George Bush and Liz Dole or Jack Kemp on one side, and a rancorous, yet relatively united convention nominating Mike Dukakis and Al Gore on the other. It'll be Dukakis by 10 points in percentage November, thanks to Iran-Contragate, Bush's limited campaigning skills, and America's dissatisfaction with Reagan's budget deficits and economic performance. You heard it here first. SUSTA call to protect their interests. Students can contact legislators to indicate their concern and to ask that SUSTA aid to law students be restored. Essentially, the prospects are favorable —"Unless something unforeseen comes up, this should be taken care of." According to Filvaroff, however, "There is too much at stake to take any chances." The affected students are "an especially vulnerable group," and "if we lose the $325,000, there is no way that money can be found inside this university" to cover the future tuition expenses of these approximately 200 students. Filvaroff would also point out that it is not just current students who will be affected. "SUSTA has been the key component of thefinancialaid package available to the neediest students attending the only public law school in the SUNY For needy persons system who hope to become tomorrow's law students, [the termination of SUSTA] makes that hope less real." The Student Bar Association is conducting the letter-writing campaign. While form letters .. Sea Grant property rights, and whether or not the public has the right to utilize private beach areas. This year students in the program assisted in publishing in a MatthewBender publication regarding environmental regulation. In 1976, the Sea Grant Law Journal was created. Kevin Brown noted that some of the best research available can be found in these law journals. Initially, there was numerous funding available for the law journal. This type of publication paved the way for monographs. These monographs involve issues regarding what rights shore owners have in protect- from page 1 will be available, students are encouraged to hand-write a short letter to each of the most involved legislators (whose name and addresses are indicated in thebox on page 1). Students are also encouraged to call the offices of Western New York delegation to voice opposition to the proposed cuts. Student action was successful five years ago when SUSTA was previously slated to be eliminated, and Dean Filvaroff's final impression from his visit to Albany was that "the very best strategy is to do precisely what we're doing." However, action must be taken immediately as thisissue will be resolved in the legislature within the next few weeks. A general student meeting has been scheduled for today, Wednesday, at noon in room 106. First-year professors have been asked to accommodate students who wish to attend by ending their 11:00 classes 15 minutes early. The entire law school will be affected by this budget cut. All students are strongly urged to attend the general meeting and to participate in the letter-writing campaign. from page 1 ing their property from erosion, among other diverse issues. Students interested in environmental law and property issues are encouraged to apply to the program. Students would be assigned individual projects, and as stated by Kevin Brown, "We try to work with the student's area of interest." Whether there will be any positions available this summer will depend on the proposal's approval. Mr. Brown is hopeful that positions will become available. Sea Grant Program is an interesting and challenging program which enhances a student's research and writing skills. Interviews are usually conducted in April. �In response to Phi Kappa Theta's "Drink Until She's Cute" Party, UB LAW WOMEN present "DRINK UNTIL HE'S NOT A SEXIST PIG" Party. Since this requires an infinite amount of alcohol, this party will happen at CPG's Friday, March 18 at 8:00 p.m. Scalpers concern (i.e. summer jobs, government jobs). The job would consist mainly of instructing a student where relevant material is located, relevant dates for applications and other administrative tasks. This would provide more time for the permanent staff to work on more pressing concerns and it would give students an additional job search resource. It would be a big improvement over the current practice of sending out flyers with barely readable writing. These new student workers could also be utilized to call prospective employers whose job listing appears on the job boards. The call would serve several purposes: first, we could find out if the job has been filled to insure students aren't applying to jobs that had been filled weeks previously; the caller can ask why the position hasn't been filled or if filled from page 10 selling him the tickets for a cheap price instead of just letting them go to waste on the executive's dresser that night. So who benefits from the practice of scalping? From the start of theticket chain, first, the Sabres benefit by the initial sale of the seats to the local company. The company benefits by increasing the corporate morale of its executives by offering them fringe benefits like hockey tickets. The executive benefits because he'd rather not have to fight the traffic or thecrowd and sit through a boring game with his nagging wife who hates hockey. Even if this guy were a serious Sabres fan, it makes more sense to him to see the game on channel 49 where he can also listen to the play-by-play and seethe scoring on the slowmotion replay (not to mention the fact that he wouldn't have other fans blocking his view of the fights or spilling beer on his jacket). To this executive, it only makes sense to sell these tickets, that have no personal value to him, to the scalper for whatever money the scalper is willing to pay. The fourth party to benefit on this ticket chain, therefore, is the scalper himself, who, after ELS buying a couple of tickets at a very cheap price, can now turn around and sell them at profit. Now what about the die-hard Sabres fan who'll do anything to see a home game in the Aud, but couldn't get a ticket because the game was sold out, or couldn't get to a ticket office during the week, or had some friends unexpectedly come into town to see the game with him? He benefits too, by being able to purchase from the scalper those seats which would have been empty anyways. By utilizing the tickets that would have otherwise been noshows, he gets to enjoy the game from a perspective that would have never been available to him without the help of the scalpers. Because of these extra fans (typically active rooting fans) getting in to see the game, the Sabres will have more support from the crowd. Crowd involvement naturally leads towards increasing the chances of a Sabres victory. Finally, if the Sabres win more games, it builds their confidence and gains them more national exposure across the league. This can only result in advancing the economy of our city of Buffalo, New York. Who can argue with that? So get off the scalpers' backs. They're doing this city a public from page 12 jury, but since many juries won't pay enough attention to this legal standard, it's best to be on the safe side. It's good to know that there is insurance available to coaches in case of one of these unfortunate scenarios. The remainderof Mr. Rimar's time was spent fielding questions from the audience. Topics of inquiries ranged from criminal prosecution in the NHL to spectator injuries to drug testing to coursework that might be helpful to one pursuing a career in the realm of entertainment law. Mr. Rimar seemed to feel that contract and tax related courses would be among the most desirable for those interested. Unfortunately, Position Paper Mr. Rimar conveyed to those in atten- dance that the City of Buffalo is not exactly what one might . refer to as a haven for entertainment lawyers, and that most attorneys in this field work out of the larger metropolitan centers the in country Buffalo doesn't quite cut it. To make things even a little grayer, he seemed to feel that the entertainment world is already quite oversaturated with laywers, which makes it very challenging to get your foot in the door. .. To learn more about Sports Law (alias: Professional Contract Negotiations), be sure not to miss Professor Rimar's course offering in the fall. At the Entertainment Law Society's event, he was well-received and thought of as a very personable man. His course promises to be an interesting and eye-opening experience in looking at some of the hottest issues in the field sports law. service that would otherwise be unavailable. Let's face it, they go as the market goes. If it's a small crowd, or if the opening faceoff puck has already been dropped, the scalper is going to have to sell the tickets for whatever he can get for them which is oftentimes much less than the face price. Yet technically, even this is illegal. This law, if enforced, would actually hurt each of those Buffalo-area citizens in our previously discussed ticket chain. I don't mean to criticize, but rather applaud, the Buffalo police force because they typically approach this situation with the proper "hands-off" or "laissez faire" attitude unless the ticket prices seem to be getting way out of hand. After all, the Buffalo police have a great deal of other, much more important, matters to concern themselves with on hockey nights. As an active spectator, I for one am glad to see them put a greater priority on the drug and alcohol abuse, crowd violence control, and pre- and post-game traffic. I feel that the law that prohibits selling tickets at greater than their face value ought to be maintained as a deterrence factor and as a means of legitimizing police action if the scalping outside the Buffalo Memorial Auditorium were to ever get way out of hand (i.e., organized crime buying large amounts of tickets cheap and selling for only very high prices). But the law that prohibits the resale of tickets at face value or less is absurd and does our public a disservice. If enforced, the only result would be a greater number of empty seats at the games. Who benefits then? Nobody. Please be reminded of those two words that separate our great nationfrom that other one over in Asia. Capitalism and Communism. Our free market economy vs. the communist economy which is void of any market at all. Today's scalpers are just playing the role of a middleman in a classic free market economy. That's not so bad, is it? So next time you °cc a scalper on your way into the Memorial Auditorium, thank him for playing his role in the system. from page 7 how the new clerk is working out. This would improve our relations with practicing attorneys and show current students that the school does care about them. The CDO should also institute a point system to be used when applying for jobs. Each student would be given a set number of points per semester (or year). For each job which a student submits a resume for, points would be deducted. (Higher points for "big" firms, lower points for public interest jobs.) This would discourage students from applying en masse to all jobs listed regardless of their interest. These interviews can then go to other qualified students who have a genuine interest in those firms. This method is currently employed by Cornell CDO. HYGIENE Sanitary napkin dispensers should be installed in the female lavatories. Further, an adequate supply of toilet paper should be made available in the female lavatories. w I —" t£~-J te( m 415 Seventh Avenue, Suite 62 (212)59*3696 (201) 623 3363 Commentary from page 4 Yet, change comes slowly. If adoption of a new selection process is the first step in the evolution of Law Review membership policy, then that's a positive, although small, step forward. In such a case, I want to stress that grades should not beabandoned in selecting Law Reviewers. A major misconception among Law Reviewers who objected to my original article (with one exception, the only group of people to express disagreement with my article) was my view of grades as irrelevant and worthless. Not so. Grades generate few false positives, but far more false negatives. Stated another way, students who get lots of H's are likely to do well when measured on other scales, and forthe most part, deserve those high grades. There aren't many occasions when students who do well don't deserve to a false positive. from page 9 tion their inalienable right to self-determination. He noted that the framers of the constitution had fidelity for the concept of inalienable rights, but in response to our question, he also indicated in a circuitous manner that he did not share their definition of "inalienable." (A response which Professor Moore of the first panel would have hailed as a change of exemplars.) These stimulating panels were followed with a banquet in the ballroom of the OmniCharlottesville Hotel, where the Honorable Robert H. Bork was the featured speaker. "There have been less friendly gathering," noted Judge Bork before he began a discussion on the senate confirmation hearings. He noted the presence of television cameras, saying, "That means tomorrow this will be reported as an angry speech. During the hearings, when Senator Kennedy said, 'Judge Bork, you are a well-known confirmed rapist,' he was not reported as angry. But when I said, 'Senator, that's not true,' it was reported as an angry retort." /"-VM UW H Right View — However, one can't say the same about a false negative, or when someome does not do very well on an exam but has studied and knows the material. False negatives are far more common than false positives. Therefore, to award membership on the basis of good grades is reasonable. However, to deny membership or penalize the student on the basis of lesser grades is not reasonable for the reasons outlined above. The grades lose validity as they decline. While many students particularly Law Reviewers will probably object to dropping the —— casenote-and-grades analysis, considering papers alone for those with lesser grades is the only reasonable way to compensate for the false negative problem.- It's our school; all cf us belong to it. The majority should not be denied access to activities based on the arbitrary limits imposed upon them by the minority. One last comment. Mr. Banks attempted to justify the status quo in his response, yet failed to address specific concerns. He did not appear to understand that the current page/ length requirements detract from a student's ability to write a quality casenote. When a student is limited by those requirements as to his or her ability to express a thought or idea, that idea obviously is not going to be developed as extensively as it would otherwise be. Even the Law Review members themselvs have admitted to me that it is difficult to write a truly outstanding casenote because of this precisely what those students with average grades must do. And because it is difficult to distinguish oneself from the other competitors, grades then become the primary basis upon which all students are judged. Mr. Banks claims that without these limits, students may try to "gain an advantage by simply submitting more, meaningless pages." However, ifthey're meaningless, where is that advantage? By lessening the space restrictions, students will be forced to make intelligent decisions about what to include, as opposed to desperate decisions about what to edit. There is still time to change the present system before this — year's casenote competition. Mr. Banks and the other editors should consider perpetuating this present system, simply because it has always been done this way. Tradition is a particularly inadequate justification for any system. There should be a better reason than that. Last issue's editorial asked the proper question: is this the best system possible? Mr. Banks feels this is one of the best systems in the country. Those who disagree should let the editors on the sixth floor know what they think. March 16,1988 The Opinion 15 �J % t I BRR/BRI 1988 BOOKS RR€ IN! BOOK DISTRIBUTION B€GINS ON: THURS., th MRRCH 24 I I II 16 YOU MUST BRIMQ YOUR BOOK DISTRIBUTIOri CARD ADD ATIY OLD BOOKS ID YOUR POSSESSIOM TO RECEIVE HEW BOOKS. The Opinion March 16, 1988 J � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-03-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/16/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/34a9c9b5ef2193722b329811dea13284.pdf cb8ff91055645901902dead395e94e00 PDF Text Text THE OPINION Volume 28 No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 2, 1988 UB Law Victorious In N. E. Regional Competition by Maria A. Rivera On February 12, 1988, UB won the Black Law Students' Northeast Regional Moot Court Competition championship. The law school, represented by Taryn Chapman and Michael Banks, attained ÜB's first victory in seven years. Mason Ashe, a second-year law student who was elected Northeast Regional Director at the competition, stated that our team was extremely polished and professional. Other teams commented that our team was by far the most professional. This year's competition was sponsored by the University of Connecticut Law School and was held at the Hotel Parkview Hilton. Present at the competition were 12 schools from the northeast region, among them Albany, Boston College, Western New England and Rutgers, and others. This year the teams were required to write and argue an appellate brief on the Voting Rights Act issue. As an accolade, UB received a plaque which they will hold for one year. On March 2, 1988, Taryn Chapman and Michael Banks will represent UB at the national level in Washington, D.C. and compete against the top two winners in each region. Law School Exec Sees Mostly Progress Over Time by Donna Crumlish Alan Carrel has been serving UB Law School as an associate dean for nearly 10 years. He speaks highly of the school, and as a 1967 graduate of the law school is able to reflect on the contrasts between the UB Law he attended and the UB Law of today. The class that Mr. Carrel entered in 1964 consisted of only 92 students, of which only five were females. There also was a significant difference in the number of students who entered in a given year and the number who graduated three years later. It wasn't unusual for 20 percent of a class to fail out after the first year. "It was much easier to get in here at that time and it was much more difficult to stay in." In 1964 there were only 350 applicants to the school, compared to over 1,300 today. The opportunity was made available to get into the school, but once in it was up to the student to getthrough the stricter; more rules-oriented UB of the sixties. The grading was based on percentages, but most of the professors tended to grade in the 65-85 percent range. This meant that it was difficult to excel everyone's because grades were in the same small range. Mr. Carrel recalled that "oneand-a-half to two points in your average could change you from the top halfof your class to the bottom 10 percent." Because class ranks were printed on transcripts, that one-and-a-half points could be crucial in how a future employer perceived your law school work. Students dressed in business-type clothes every day. They were not allowed to miss any classes without a written excuse. Twenty-five of 32 classes were required, which meant that the students in your classes were essentially the same for three years. After graduating from Law School, Mr. Carrel joined a local law firm where he spent most of his time in civil litigation. He was a partner for the last six of the 11 years he spent there. In 1978 he became active in the law alumni association and in July of that year joined UB Law as its first non-faculty associate dean. He took the job with the expectation that he would return to practicing law in a few years. He enjoyed his work so much, however, that he decided to stay on. Initially, he was involved with admissions and the Career Development Office. Today his time is filled mostly with fundraising, alumni affairs and the organization of the trial techniques program. Mr. Carrel maintains that one of the most positive things that happened to the law school in its history was its merger with the SUNY system. As a public law school UB has been able to attract a wide variety of studentswho can contribute to the creative exchange of ideas in the school. "I thinkthe student body here is much more interested in human problems and what the law can and cannot do than many law schools .. being a public school, we really attract a diverse student body." Along with the diversity of student background, Mr. Carrel feels that a less competitive grading system and a caring and intelligent faculty have helped to produce an atmosphere conducive to learning and helping one another. . continued on page 10 While preparing for the competition the team members re- ceived support from Gary King, Sue Gigacz, Professor Charles Carrand Professor Judy ScalesTrent in a mock moot court presentation. This year's event needs to be recognized not only because it is ÜB's first victory in seven years at the regional level, but also because it illustrates the achievement of ÜB's minority student body. As expressed by Mason Ashe, "The law school is not only recruiting but producing qualified, diligent and talented minority students enhancing the reputation of the university." Hopefully, we will continue to excel and maintain our champion status and hold onto the plaque for many years to come. New Dean Addresses SBA by Krista Hughes Dean David Filvaroff came before the Student Bar Association on Wednesday, February 24 to discuss the creation of new faculty-student committees and to field questions from students who were present at the meeting. Filvaroff's recent meeting with the Faculty Committee on Committees resulted in the decision to create four new committees to deal with issues of concern, and he met with the SBA to describe the functions and memberships of these committees. The committeewhich will address accommodations for physically challeged students will be chaired by Prof. David Engel and the faculty representatives will be Professors Konefsky, Lang and Kannar. Besides the obvious problem of physical access to classrooms and the disadvantages suffered by students who are confined to the back row, firstyear students Robert Davis raised the question of blind and learning disabled students who need transcribers for their class notes and assignments. According to Davis, while many physically challenged students are assigned sponsors by the university, learning disabled students tend to "fall through the cracks." They also have significant bureaucratic problems in obtaining the aids they need to simply get through the day-today challenges faced by all law students. These problems, according to Filvaroff, are what the committee was designed to address. He remarked, "We ought to do everything we can" to meet the needs of these students, and the faculty "tried to pick a committee which will be sensitive to all the issues." The next committee which the dean discussed was the committee to address recruitment through our CDO by the JAG Corps and other branches of the military. has expressed since he first came to Buffalo. Besides the lack of a student lounge and law school eating facility, this committee will be making decisions which will make O'Brian Hall a more attractive place. Suggestions made by the regarding dean cosmetic changes included new carpeting and murals in classrooms, One problem which faces this committee is that there are students who may still be interested in interviewing with the military, despite their discriminatory policy toward homosexuals. Unfortunately, this committee will get started too late to formulate a decision which will affect the JAG Corps this semester. Chairing the committee is Professor Charles Ewing, and the faculty representatives will be Profs. Del Cotto and Scales-Trent, and CDO's Audrey Koscielniak. The building renovations committee will be addressing concerns which Dean Filvaroff better lighting on the first floor and an O'Brian Hall Directory in the first floor lobby. The final committee which Filvaroff discussed will address the controversial Faculty Statement on Prohibited Harassment and Discrimination. This committee will try to come up with a code of conduct and to formulate specific procedures for the submission of complaints. . It is Filvaroff's feeling that it is "appropriate that we have as clear and explicit a set of policies and procedures as possible this is a very serious .. undertaking." continued onpage 11 GLS Newsletter Needs Copy The Gay Law Students Organization (GLSO) is happy to announce the first publication of Sexuality and the Law newsletter. Starting this March, the GLSO will be publishing this bi-weekly publication which is designed to stimulate interest in and conversation about the place of sexuality in the legal system. The ascension of AIDS as one of the most talked about issues of our day has brought into focus questions surrounding the place of gays, lesbians and all socially disenfranchised minority groups directly affected by the ravages of AIDS in our legal system and our so- ciety at large. The Sexuality and the Law newsletter will seek to address the legal questions engendered by the AIDS crisis. Furthermore, it will also address other challenges which sexuality poses to our legal system including custody issues, employment discrimination, and other related topics. — If you would like to receive the Sexuality and the Law newsletter, please drop your box number into box #562. In addition, if you would like to contribute any thoughts or writings to the newsletter, please put a brief note indicating as such with your box number. Inside ... Off the Court 3 Res Ipsa Loquitor 7 The "Right" View 7 BPILP Plans 8 Law Review Response 10 The Olympics II �SBA Completes Recommendations To Dean CHILD CARE by Maria I. Doti and Holly Baum As a progressive law school, we must support the access of non-traditional students, many of whom are parents of small children, to a legal education. Quality child care, which is flexible and affordable, is important to all parents and is especially crucial to single parents, many of whom are women. Women traditionally lack the training and skills needed to obtain high paying jobs. Some women, displaced from their traditional roles as wives by divorce and widowhood, are especially vulnerable to fluctuations in the job market. Because quality, affordable child care is an expensive university-wide issue, the entire university community must work together, pooling resources in order to be able to adequately address the gaps in available, affordable child care at SUNY Buffalo. Certainly the Buffalo Model must include a commitment to assist those students, with young children, who seek a law degree; concrete support of on-site child care is one critical aspect of that commitment. We, the student body, request that our Dean be a leader in developing this area at SUNY Buffalo. The university has already discovered some of the benefits of providing on-site child care on the Main Street campus. The Campus Child Care Center presently provides care for children of students, faculty and staff, including a number of law school students and faculty. In addition, the Center provides the opportunity for undergraduate and graduate student interns to gain practical experience and earn credit while working with young children. The Center plans to expand its Main Street facilities in the spring, reducing what has always been a substantial waiting list. While the progress the Campus Child Care Center has made should be applauded, there still remain gaps in meeting the needs of the university community, especially the needs of low-income student parents. For example, the Center offers a sliding scale fee based on a child's age and family income, but the fees are still prohibitive for some student parents. Even when the additional spaces become available, there still promises to be a waiting list. In addition, the needed expansion of the Main Street Campus Center does not address the need for on-site child care on the Amherst Campus. (The only program currently available on the Amherst Campus, the Early ChildhoodCenter, provides two hour pre-school sessions.) On-site care is important to parents with infants who might want to visit their children during their breaks throughout the day, and especially to mothers who are nursing. In addition, the Campus Child Care Center currently operates until 5:30 p.m., making it impossible to attend law classes and meetings which are scheduled after 5 p.m. unless a parent is able to make alternative arrangements for their children to be picked up. These are some of the reasons the feasibility of providing a flexible child care program on the Amherst Campus should be 2 explored. Quality, affordable on-site child care makes sense. It is a draw to prospective faculty, students and staff. Advantages to the university include an increased market share of top students, faculty and professionals, many of whom are parents of young children, who would choose our institution over another which was less generous. Secure child care arrangements also increase the morale of parents and their performance in the classroom and on the job. An Amherst Campus child care program, modeled on the Campus Child Care Center located on Main Street, could also provide expanded clinical opportunities for those students interested in various aspects of early child development. In addition, an Amherst Campus program might be able to utilize university buildings many of which have empty but fully heated basements. In particular, university dormitories such as the Governor's complex, have empty areas and under-utilized kitchen facilities which may be ideal for child care. These possibilities should be explored. In recent years the law school has attracted increasing numbers of students, women and men, who are parents of young children. Therefore, the law school student body requests that our dean make a commitment to provide leadership in taking those steps necessary to meet the special needs of this constituency both in the law school and in the greater uni- — versity community. In summation: I. Areas of concern to law students involving access to quality, affordable and flexible child care include: 1. Need for a fully functioning child care center on the Amherst Campus; 2. Need to extend child care hours to accommodate those who attend classes and other school-related activities which are scheduled in the late afternoon and early evening; 3. Need for subsidies to assist needy students in paying for child care. Subsidies could be included in financial aid packages or direct funding from student activity fees. (The Graduate Student Association offers such assistance to graduate students based on financial need.) 11. Additional concerns of student parents of young children regarding the flexibility of the Law School: 1. Make classes (especially for Ist year students) available as early as possible so that students are able to make adequate child care arrangements; ments; 2. Administration and faculty must be more sensitive to the special needs of parents of young children and give adequate notice of changes in class schedules and make-up classes; 3. Need for more flexibility in exam schedules to allow parents to change an exam time and/or date when a conflict with child care arrangements cannot The Opinion March 2, 1988 be resolved (or when an adequate substitute arrangement for child care is not'available). CURRICULUM Introduction The following findings and recommendations made by the curriculum issue area sub-committee are based on the findings and suggestions of a school-wide survey (22% response), suggestions received by the SBA, direct discussions with students as well as our own experiences with the law school. Topics that appear to be of the greatest concern to the student body include: Black-Letter Law, the Legal Profession class. Research and Writing, Contorts, and oversubscribed classes. Each of these areas will be expanded upon in this section. Black-Letter Law by Krista Hughes The Curriculum Committee has found that students are concerned with the number of "black-letter" or bar-related courses which are offered each semester. Our polling has revealed that many students perceive an inadequacy in the number of coures which, at least on their faces, are aimed at helping students pass the bar exam. However, an apparently equal number of students feel that each semester's offering of bar-related courses is adequate and that, more critical, evaluative courses should be offered. We recognize that this dilemma cannot be resolved if UB is to maintain the degree of diversity which it has achieved. It is important, however, to be aware of these concerns. On a purely practical level, it might be suggested that traditionally high-demand courses be offered more frequently, or in several sections in the same semester. However, we realize that the scheduling of courses each semester depends upon the availability of people to teach them. Yet it is hoped that a heightened awareness of student concerns and needs in these areas will help the administration to better focus upon addressing those concerns and meeting those needs. Legal Profession by Tammie Schultz Profession/PerspecLegal tives on the Lawyering Process is that component of the firstyear curriculum designed to integrate and develop important themes and issues that are often left unexamined during this period of "learning the law and becoming professionalized as lawyers." Learning to "think like lawyers... to practice law," involves, at the threshold, an examination of a profession; for, along with the substantive law, the "tools" so to speak, comes the inevitable ethical dilemmas and coincident professional responsibilities. While each first-year section participates in the Legal Professions curriculum, the structure and focus does vary from section to section, year to year. However, the fundamental themes remain consistent. Legal Professions was implemented in response to feelings articulated by students and faculty that the "Broader Picture" was missing. In order to assess whether Professions has or will continue to fill the gap, law students participated in a survey responding to the question: "Was your Legal Professions course adequate?" One hundred and ninety-six (196) Ist, 2nd and 3rd year law students responded to the inquiry. The results are significant, reflecting a declining satisfaction with the course as the year in school ascends. Of the 69first-year students responding, 41 found the course adequate. In contrast, 27 out of 69 second-year students, and a very significant 41 out of 58 third-years expressed their keen dissatisfaction with the course. Criticism ranged from "this is a blow-off course" to "Professions involves important feelings and conceptions." The majority of students who expressed their satisfaction with the course viewed Legal Profession/Perspectives as valuable, feeling "it was a good way to look at the profession a good introduction to many areas involving ethics and lawyering." Bottom line, the Profession course "at least serves to make law students aware of such issues." Surveying the perceptions of students who provided such commentary demonstrates that Legal Professions is a necessary and worthwhile component of our legal education. However, the majority of students share the opinion that Legal Profession falls short of its potential. Three critical areas involve grading, substance, and "slant." Students across the board expressed gross dissatisfaction with grading. The total disassociation between attendance, active participation, examination and final grade is particularly disturbing, reflecting the reality of students "who admittedly skip the major portion of the course or the entire course but receive an H" "How can we promote participation when in the end it doesn't really matter?" These perceptions reinforce the characterization of Legal Professions as a "blow-off course" and lead a number of students to agree that "it was an adequate course if all you aimed for was a good grade." Suggestions for improving the course, and ultimately the attitude of students approaching it, involve a grading system that credits small group participation in assignments, Simula- ... . . tions and discussion, "with some emphasis placed on attendance." Assessing the substance of the course, many students agreed that there is a "pervasive lack of a clear objective." The dissatisfaction among firstyears focused on the use of rhetorical questions without a corresponding emphasis on "Bar Association and professional rules and ethics ethical aspects and framework with which to formulate some answers." Second and third year students articulated similar concerns, suggesting that the course would be much more valuable and fulfilling if it included some analysis and preparation for the MPRE, with "more serious attention paid to ethics." The responses of first, second and third year students reflect a prominent perception that Legal Professions is unacceptably "slanted" "partisan and one-sided" in its approach to practice, sending the "down with big firms, up with public interest" message, while ignoring the need to explore issues. Students agree that "a balancing of approaches is an immediate requisite," for without such a balance discussion is most often "useless and offensive, based on attitudes of specific speakers, ignorant of individual needs." As such, the course is also criticized as "not very realistic regarding ethical concerns, unfulfilling given my career objectives, irrelevent from my point of view." One solution involves "visiting professionals" who will "speak openly from experience and be available to address troubling questions." In conclusion, let it be reiterated that the survey did not reveal a consensus or call to discontinue the Legal Profession/ Perspective course. Students did, however, express frustration and disappointment that the course is failing its true potential, articulating an obvious call for reform. We believe that satisfactory solutions can be arrived at through joint student-faculty efforts, whereby our School of Law can build a Profession curriculum that is educating, illuminating, energetic, reflective and personally, as well as professionally, fulfilling. Phase I is in motion the Profession course is in place. It is time for the students and faculty to initiate Phase II reform. .. .. — — — continued on page 5 Attention: 3rd Year Students Anyone who is interested in serving on the faculty student committee to select recipients of the Public Interest Summer Internships should submit a letter of interest to the SBA office by 5:00 pm Monday, March 7. Interviews will be conducted on Wednesday, March 9. �SBA Briefs by John Williams Committees Formed To Address Issues of Concern In the last two weeks, four new committees have been formed in the law school. The committees consist of faculty and students and are supposed to represent a community effort at addressing certain problems that plague the law school. The new committees are a by-product of the new administration led by Dave Filvaroff. They are the Committee on Handicapped Students, Committee on Military Recruiting at the Law School, Committee on the Student Lounge and other building changes, and the Committee on Code of Conduct for Faculty and Staff. The Committee on Handicapped Students was established to address the needs of handi- capped and disabled students. The population of students who are in this category has grown a great deal over the last three years, and to some extent their needs have been neglected. The committee is empowered to come up with new ways to make handicapped and disabled students' lives at Buffalo easier. I would strongly urge those students who wish to make recommendations to this committee to do so through the office of Associate Dean Lee Albert, in Room 317. The Committee on Military Recruiting of the Law School was formed to address the blatant discriminatory policy of the JAG Corps against the recruitment of homosexuals. This committee is supposed to pass a final resolution for the next academic year on whether or not to ban the military from recruiting and interviewing in the law school. It is my opinion that this committee should not only address JAG but all types of discriminatory policies of employers (i.e. race, sex, religion, and handicapped) who recruit at this school. The military has made it easy for us because they have a written policy; what about the firms or agencies that come to this school that have unwritten of discrimination policies against a certain group(s)? The Committee on the Student Lounge and other building changes was created by the new dean to enhance the law school and give a sense of home. The dean's big proposal in this area is to construct/convert the two fourth floor lounges into one student lounge. This would mean that the staffwould have to relocate. According to the Dean, the staff is willing to cooperate with his proposal. If this proposal goes through, the student owes the staff a great deal of thanks for giving up their space. Conduct will be a committee designed to set moral as well as ethical guidelines for faculty and staff members. This committee almost seems to resemble the recent harassment statement that the faculty has passed pertaining to student conduct. All resolutions from the committees will have to be approved by the faculty. Let's hope that they will be a cooperative group, because many of the resolutions will reflect student views. In other words, we should respect our only legitimate voice into the governance of this law school: the committee process. The Committee on Code of By-Law 13 Requires Charter and Constitution by Kimi Lynn King Well folks, it seems that we survived the audit intact. A full report of the auditor's evaluation will be reprinted in The Opinion after it is released later this week. However as a preliminary I would like to remind all of the student organizations of the following. This list was put into your organizational mailboxes Feb. 5. If you have not done so, please check your mailboxes on the 3d floor of O'Brian (in the Xerox room). Every single organization needs to have a Charter and a Constitution drawn up before the April '88 budget meeting. Some organizations have one or the other. If you have not submitted both to me, please do so. The Charter is basically a statement of purpose for your group. The Constitution is the rules by which you work. Groups may also specify in their Constitution that amendments to the Constitution will be accomplished through ByLaws. By-Laws are not necessary, but they make amending your Constitution much easier. Due to the difficulties of scrounging up a Founding Father to help you out and if you are having trouble, please see me during my office hours (Monday 11 am 2 pm). Groups whodo not meet this requirement by April 1, 1988 will not receive funding for the next year! It's a hateful rule, I know, but if it makes you feel any better, the S.B.A. is having to update theirs as well. Also, groups were to have completed their article for The Opinion by March 1. If you need - an extension, you need to ask S.B.A. for it. Please indicatethat your article is for By-Law 13 compliance when it is printed. Theauditor had a hard timetelling which articles were for com- pliance! Likewise, groups were to have sent representatives to an S.B.A. meeting by March 1 to meet your By-Law 13 compliance for the Spring semester. If your organization has not done so, please get going. If you have not by the time for budget requests, your funding will be lost! Budget requests are due Friday, March 25 at 5:00 pm to the S.B.A. office (Rm. 101). Forms will be available today after 5:00 pm. April 12 and 13 (Tuesday and Wednesday), we will be having budget hearings to decide next year's budget. Budget allocations will be based on the following: Numberof activities thisyear Types of activities this year Current yearfiscal budget appropriated Current year fiscal budget expended By-Law 13 compliance Fundraising group has done (this is in your favor) Plans for next year Please sign-up for a time slot outside the S.B.A. office door when you submit your budget request. Organizations which do not submit requests, nor appear for budget hearings will be denied funding for the allocation process. I am sure that all of you read the scandal going on with the Undergraduate Student Association. Make no mistake, last year the EntertainmentLaw Society did not submit theirs and they lost all of theirfunding. Admittedly it's an ugly policy, but to do otherwise means that 24 separate organizations couldall submit their requests whenever. The buck stops here don't letit stop your or- .. ganization. As I peruse overthe books for the 8.5.A., there are a few organizations which have been rather inactive this year. Please in buying a space to advertise your group, please talk to your members. This year we will be having a Centennial Dinner Dance on Friday, March 18. Last year most of the groups donated part of their funds to co-sponsor the dance. If your group is interested, please let us know in writing how much you would like to donate. If you have ideas for music, please let us know. Salvatore's Gardens has been Dates To Remember MARCH 25 Budget Requests Are Due APRIL 12 & 13 cost of renting the Trafalmadore Cafe, please contact Kelley Omel (2nd year Class Director) a.s.a.p. Please encourage your members who might be interested in getting an act together, to do so!!! Near the end of the year, the S.B.A. always starts to run out of $$$. Inevitably, there are groups and persons who approach us for bucks. If your organization would be willing to sponsor activities please let us know a.s.a.p. Groups who do help out with funding shortages will be given credit for having cosponsored an activity in the budget process. Groups were requested to fill in the following form, but unfortunately only a few have come in. Please get these to me by Thursday, March 10 at 5:00 pm. We are doing an inventory of space and telephone allocations. Budget Meeting APRIL Organization Name Budget Vote Office Location Compliance with this schedule is mandatory for obtaining SBA funding for next year. keep in mind that this will be taken into consideration during the hearings. But the good news is that there is still time to get plans together eitherwith other organizations here in the law school or with the University community. Here are a few ideas: Yearbook! We are trying to keep this thing going. If your organization might be interested chosen for their annual bash and we are also going to send out flyers to the Alumni and Faculty. On Thursday night, April 7, we will be hosting the infamous Law Revue. It's our annual talent show and generally good reason to "roast" the Law School. If your groups are interested in either participating or dontaing funds to cover the Off The Court TelephoneNumber Charter? □ Yes □ No Constitution? □ Yes □ No Opinion Article 87-88? DYes DNo Please give date (printed or expected) Contact Person 87-88 Telephone Number Mailbox Number Please return to #424 by Thursday, March 10 by Andrew Culbertson BEevYryrtho:inD agunWAdlwteys, eath Traditionally, the problem of alcohol within sports has been given very little attention. Somehow, being a legal "drug" has allowed alcohol to escape scrutiny within professional athletics. The best example of this would have to be Babe Ruth. Ruth, considered by many to be the greatest baseball player of all time, was, at least by today's standards, an alcoholic. If anything, being a lush merely made the Babe more of a legend. Here was a guy who could party all night, and then hit three home runs the next day. After a typical Ruthian binge, most mortals wouldn't be able to walk, let alone play baseball, for several days. Fortunately, alcoholism within sports has come to be recognized as the serious problem that it is. Like any problem, however, it has taken a number of unfortunate incidents for it to get the attention it deserves. Athletes such as Don Newcomb, Bob Welch, and Bernard King have all battled, and had their careers either ended or seriously threatened, by alcohol. Pelle Lindberg, a former NHL goalie, drove into a wall (fatally) after a few too many drinks. Six Minnesota Vikings, within a 14-month period, were arrested for driving while intoxicated. In terms of degrees of seriousness, alcohol has typically played second fiddle to "hard" drugs within the realm of sports. Admittedly though, it has been proven that alcohol can be just as dangerous, if not more detrimental, than other drugs. Drawing on this analogy, I would propose that beer has played (and is still playing) the same role to "hard" alcohol, as alcohol has played to other drugs. In regard to beer, the story of Chris Mullin has opened a few eyes. Mullin, a professional basketball player, recently underwent rehabilitation for a beer-drinking problem. Although technically alcohol is alcohol, beer has been treated differently than other, more potent, types of alcohol. "Potency" is the key word in this case. Since beer is the weakest alcoholic beverage, there is a popular misconception that it is less dangerous. This is simply not the case. The biggest culprits in this instance are the beer companies themselves, in conjunction with ex-athletes and professional sports organizations. Although beer companies aren't the primary reason why sports and alcohol have been linked in the past, they're doing their best to keep this connection alive. All you have to do is turn on the television. "Today's kickoff is sponsored by Budweiser." "Miller. Proud sponsor of the 1988Winter Olympics." Or how about the famed Miller Lite Softball games and bowling continued onpage 10 March 2, 1988 The Opinion 3 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: Isn't that what a Bar Review Course is all about? PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. 90 willis avenue, mineola, new york 11520 phone: (516) 747-4311 The Bar Course That Cares, 4 The Opinion March 2, 1988 �SBA Committees from page 2 Research and Writing by Alexei Schacht While 49.5% of one-hundred and ninety-six (196) respondents said that their Research and Writing ("R&W" herein) courses were "adequate," there was also widespread dissatisfaction with some elements of R & W, even by those who felt that the course was "adequate." Forty-six percent of the respondents said that R&W was not adequate and four percent had no opinion. Most significantly, the respondents complained in their written comments about their teaching assistants or TAs. There was a widespread feeling that the TAs were too inexperienced and unqualified to teach the course. Students recommended that the school hire either practicing attorneys or professors to teach R&W. Perhaps surprisingly, many students also felt that the number of assignments were too few and that more research should be demanded of the students. Several second and third year students, possibly because they have had "real world" legal experience by now, thought that more practice in writing pleadings, as opposed to memoranda and/or briefs, could be used. There was a feeling among several students that R&W should also include more practice in oral presentation and arguing. Presently, R&W classes have only one oral argument at the end of the second semester. However, it must be emphasized that R & W, as opposed to certain other courses, was felt by the respondents to be an essential course that simply needs some improving. In fact, a few students mentioned that it would be helpful to have second and third year R&W courses. Con-Torts by Carolyn Henry Con-torts is a first year, section three course, basically described as a theoretical mixture of contract and tort law. It deals with a theme that is becoming increasingly important in many areas of law. However, there has been increasing discussion and debate on whether this course should remain a first year course or whether it should become an upperclass elective. A number of former students of the course say they feel they lack a fundamental and working knowledge of either contract or tort law. They feel at a disadvantage in later courses and employment as a result of this lack of substantive law. Proponents of the class argue that students should not be preoccupied with memorizing rules. Rules can be taught by reference to a hornbook. The law school experience should give the student the analytical ability to deal with the rules and not the ability to merely memorize them. The school-wide survey conducted by this committee supports the proposition of making Con-torts an upperclass elective and taking it out of the first year curriculum. When asked whether Con-torts should be an upper-class elective rather than a first-year required course: 45% said that it should be an upperclass elective; 38% said that it should not be. The majority of negative responses said that it should be eliminated; while a small minority said that it shouldremain a first-year course. Seventeen percent had no opinion. The majority of students responding negatively expressed the opinion that the course itself is not worthwhile, and that it should be eliminated altogether. Some questioned whether anyone would be interested ill this course having taken contract and tort law in their first year. (This assertion can be somewhat rebutted — when questioned on what areas of the curriculum they felt were under-represented, some stu- dents expressed an interest in advanced tort and contract law.) The majority of students responding to our survey (both positive and negative responses) expressed overwhelmingly the opinion that this course should be taken out of the first year curriculum. They state that the course is fundamentally unfair to those students in section three. It handicaps those students in two fundamental areas of law and puts them at a disadvantage in relation with other students in the school. Even those students who said that they enjoyed and felt the course was worthwhile agreed that there is a need for the students to learn the basic legal principles of contract and tort law. An argument posed by those in favor of the course as an upper-class elective is that by opening up the class to those students who want to take the course and who have a basic foundation in both areas, the course's objective will be better served and those students will more fully appreciate the THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE 1 INTENSIVE QUESTION REVIEW: Over eighteen hours of in-class experienced law school professors is an question analysis by integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost. 2 NARRATIVE bar TEXTS: The law need to know for is —not outlined—in comprehensive texts. explained for you your exam our you 3 CONVENIENCE: jurisdictions is available UNPARALLELED Preparation for the bar exams of nineteen at over 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR I (IKAPIAN-SMH v L *«««., IBAR REVIEW SERVICES SeeyourOampusßep,orcall: BUFFALO AREA cr L d Ka P ,an 1330 Niagara Falls Blvd. *«%»■ " ' ;„ ' Tonawanda, New York 14150 (800)2234782 (800)343-9188 — — — — by Carolyn Henry One of the most frustrating things faced by a student is to be closed out of a particular course they need or want. This problem is especially acute for 2nd year students. It is not uncommon for a 2nd year to be closed out of one or two classes, forcing them to take a course merely to get the credit hours. survey The school-wide questioned students on those courses they had been closed out of; those courses receiving the most responses were: Gratuitous Transfers (this course is offered once a year and is open to 150 students); Property II (this course is offered once a year and is a prerequisite to Property III); Corporations (offered in both semesters 2 sections in the fall semester, 1 in the spring); Commercial Paper (offered once a year). General suggestions made by students in this area to help alleviate this problem include allowing a larger numberof students to take the class; offer more sections of a particular course which is in great demand or offer cetain courses in both semesters rather than in just one. Miscellaneous Courses by Carolyn Henry Students have suggested many areas of law which they felt have been under-represented in the present curriculum. Some of these areas include: — — — — — continued on page 8 1111111111111111111111111111111111111111111111111l _ • PROFESSIONAL TYPESETTING R Illinois New Hampshire Rhode Island California New Jersey Texas Colorado Maine New Mexico Vermont Maryland Connecticut Virginia Dist. of Columbia Massachusetts New York Michigan Pennsylvania Florida If you plan to practice in any of these jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. _«. theoretical aspects of the course. Thus, by opening up this course to the upper-class, all sides of this issue can be satisfied. All first year students will get the fundamental legal and theoretical principles of both Contract and Tort Law. The course will be out of first-year so not to put one section's students at a disadvantage over the others. Those upper-class students choosing this course will more fully appreciate the theoretical aspects of the courseforthey will havea basic foundation in both areas of law. Those who feel that this course is not worthwhile could simply choose not to take the course. Over-Subscribed Classes (716)837-8022 ©1987 Kaplan-SMH OFFSET • PRINTING • FAST SERVICE COMPETITIVE • PRICING MANY • DIFFERENT C C S .U. ■ a m £ TYPESTYLES & PAPERS S • RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! VISIT US FOR A CALL US OR QUOTATION TODAY! ■ _,i.l LtilKO oTdTIcV?(? 3171 Main Street r«Wn S. ot Wlntpm) Buffal NY 835"0100 ° 1676 Nia. Falls Blvd. *"••• »<»" k-*««J Tonawanda, NY 834*7046 March 2, 1988 The Opinion 5 �OPINION |BS" STATE UNIVERSITY OF SEW YORK AT BUFFALO SCHOOLOf l.« March 2, 1988 Volume 28, No. 10 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: Krista Hughes Zulma Bodon Daniel Ibarrondo Melinda K. Schneider Photographer: JosephConboy Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, James McClusky, Pat Miceli, Kenneth Neeves, Alexei Schacht, Damon Scrota, John Williams. Contributors: Victor Arias, Michael Banks, Holly Baum, Maria Doti, Carolyn Henry, Kimi Lynn King, Jeff Markello, Angel Maori, Rohan Marshall, Kelley Omel, Maria Rivera, Tammie Schultz, Karen Surber, Mo Train. C Copyright 1986, The Opinion. SBA. Any reproduction ofmaterials hereinis strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those ofthe Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Wordsand Graphics, Inc. A Democratic Law School? The idea of a democratic law school is an enticing and intriguing one. Some law students are fascinated by an opportunity to participate in policy making and to assist in building programs within O'Brian Hall. Other law students shun such ideas and simply attend classes and leave the community as soon as those classes are done. What we try to do at the Opinion is report and comment on the law school community and raise relevant, hard problems and issues that concern this community. One of the hard issues that has been debated at UB Law for a number of years has been the admission policies of the Buffalo Law Review. In our last issue John Bonazzi's opinion piece, "Law Review Selection Process Deemed Undemocratic," while sometimes venomous and overblown, nevertheless raised a very important issue recently absent from debate at ÜB. With this issue of the Opinion, responses to the "undemocratic" charge come from two diametrically opposed authors. Both are equally ambivalent about the substance of the Bonazzi opinion piece, yet criticize the piece from very different perspectives. Michael Banks is a note and comment editor on the Buffalo Law Review and gives an articulate and thorough exposition of the present process by which the Review chooses its new associates from the first-year class. Mr. Banks lauds the Review as having "one of the best processes being used by any law review in the country" and stipulates that no first-year student is ever forced to compete to gain access to the Review. Bill Magavern is a third-year student who, when offered a position on the Buffalo Law Review declined the invitation. Mr. Magavern lists among his reasons for refusing an associateship: a pervasive atmosphere of elitism, resume building, and an underrepresentation of women and people of color on the Review. While it is a true statement that no law student is ever forced to be a member of the Buffalo Law Review it must be said that every student must compete if s/he wants to become a member. As law students we all know that certain competitions which are structured certain ways tend to have an exclusitory or inclusitory effect on certain groups or classes of people. Does the Buffalo Law Review have the "best" selection process it possibly could? Does the process as it stands now exclude certain groups? Is an exam grade tally and a 10-day, eight-page casenote competition the "best" way to get the careful mixture of imagination, critical analysis, and writing talent which is necessary for every successful scholarly journalist? If the Review selection process is one of the "best," why did it have to be amended in 1984 to include an affirmative action program because people of color were not being asked to become members? If women are underrepresented on the membership of the Buffalo Law Review, why has the Review not made an explicit and concerted effort to recruit women into its ranks? Why is it that the majority of the members on the Buffalo Law Review are still white and male? We think these are valid questions to ask and hope you will start asking them of members of the Buffalo Law Review or those who wish to become members. If the Yale Law Journal uses no selection process and is open to every Yale law student, and yet continues to be a successful publication, why should the Buffalo Law Review insist on the continuance of a selection process? Tradition should not be allowed as a defense when the only substance such a tradition has is to exclude certain groups or classes of people. Some argue that attempting to manage and administer the work of all those who would want to participate in the Review would be impossible. Why is it possible for those at the Yale Law Journal but not those at the Buffalo Law Review? Brett Gilbert is a 1987 graduate of UB Law presently working for Legal Aid Appeals in New York City. In the fall of 1985, Mr. Gilbert wrote an opinion piece for this paper entitled "Collective Law Review" in which he called for exactly that, a collectively and democratically operated Buffalo Law Review. The following paragraph is taken from that Opinion piece: "We should not be deterred in an attempt to make the Buffalo Law Review a collective, democratically controlled organization which would be open to all students who wished to join it. A collective Law Review would help liberate us from destructive and alienating competition which destroys group solidarity; a collective Law Review would allow all students to partake in whatever wisdom the Law Review has to offer; a collective Law Review would lead us to its demystification so as to eliminate its reputation as an elitist organization; but most importantly, a collective Law Review would help students see more clearly the power relationships in our society so they are better able to direct their energies against common enemies, rather than at each other. Finally, we should collectivize the Law Review if for no other reason than to maintain internal consistency here at ÜB. Our law school is premised on an amorphous concept known as the Buffalo model which, from what I understand, tries to maintain a non-competitive, collective spirit amongst students and faculty. It is pure hypocrisy to publicly advertise the benefits and virtues of the Buffalo model while also perpetuating the existing organization of the Buffalo Law Review. We should be honest with ourselves and concede the contradiction, for the resolution of the contradiction will make us stronger." Mr. Gilbert makes a strong argument, an argument that those who wish to see the Review continue in its current organization were unable to refute in the fall of 1985. Now with the passage of time we think the argument for an open law review has only become stronger. And once again, such an argument will not be able to be refuted by those who wish to see the Review continue as it We shall see. Of Rights And Privileges The traditional ways of our society are changing. Changes in societal norms, morals and values can be channeled into positive modes of co-existence instead of being tools for subjugation. Law school is but a microcosm of society-at-large. Like society-at-large, particularly in terms of representation, rights and privileges, law schools throughout the nation are experiencing changes. The recent commentaries on affirmative action in Law Review and Moot Court, as well as the JAG Corps' recruiting on campus while they openly discriminate against gay law students and attorneys, are all representative of the changes occurring in our law school. Although law students may not participate as much as they did with societyat-large, it would undermine the basic function of education: that is, to adjust, learn and communicate, if solutions were not sought at this micro level. We seek to learn the law, its use and application. To acquire these tools and use them in conjuring arguments to deny rights and privileges to the other half of America would be to go against the teachings of fairness and justice. We must seek to uphold the law: that is, we must seek to ensure that the traditional rights and privileges are extended to all Americans. As such, we must deal with the frictions and differences that exist in the legal profession and society-at-large. One beginning that is both positive and fruitful would be to ensure that the rights and privileges of our colleagues are advanced and protected. 6 The Opinion March 2, 1988 The Opinion Mailbox Law Review Fosters Elitism To the Editor: Reading JohnBonazzi's "Law Review Selection Process Deemed Undemocratic" gave me the mixed emotions of recognition and satisfaction. I recognized some of the ideas and phrases in the article as my own, taken from the comments I had put in the "Suggestion Box," which were posted (anonymously) outside of the library with the other suggestions. More importantly, I was satisfied to see that Mr. Bonazzi had given my comments more thought than did the SBA's "Miscellaneous Committee," which dismissed them perfunctorily. I agree wholeheartedly with Mr. Bonazzi's arguments that the current selection process for the Buffalo Law Review fosters elitist snobbery and that all students who want to work on the journal should be allowed to. For those reasons, in large part, I declined an invitation to join the Review 18 months ago. Some people, I've been told, considered my decision strange, but I've certainly never regretted it. The Buffalo Law Review seems to have more to do with elitism and resume building than with legal scholarship. Audrey at the CDO contributes to this undermining of theBuffalo Model by telling students to "put the words 'Law Review' in neon lights on your resume" and by referring to Law Review students as her 'stars,' and it seems to be generally believed that having that neon sign greatly increases one's chances of finding a desirable job. Perhaps employers do indeed prefer to hire Law Review members, but I don't know why. Law Review members don't seem to be at all superior to the rest of us in intelligence, legal aptitude, creativity, or amiability, some of thequalities that I would think employers would look for. As Mr. Bonazzi points out, the Law Review's selection criteria are not particularly good measurements of ability. The results bear this out. Women and people of color are underrepresented on the Law Review. Is that because they're less qualified than white men? I think not. Many current Review members will no doubt protest the idea of opening up membership, but the idea is hardly extreme. Other campus publications, like The Opinion and In the Public Interest, have open membership. If Law Review membership were open to anyone willing and able to do the work, I'm sure the journal would not fall apart. In fact, the extra hands might enable it to bring its lagging production schedule up to date. Mr. Bonazzi erred, though, in calling the Law Review "the only scholarly activity in the law school." I'm not sure exactly what he means by this, because scholarly activity is the regular business of the law school. If he refers to extracurricular student involvement in scholarly activity, he has omitted two areas. First, many students assist and collaborate with professors in their scholarly work, gaining both valuable experience and hard cash through research assistantships, Baldy fellowships and the like. The school should try to expand funding for these positions so that more students can benefit from them. Secondly, In the Public Interest is a student-run journal that actually publishes student articles. (The Law Review, on the other hand, no longer offers a publication outlet to more than a select few students. How many members of the classes of '88 and '89 have published in the Review?) Granted, ITPI has a progressive political bent that will not appeal to everyone, but its editors have consistently accommodated a diverse range of viewpoints within that general progressive tendency. All of this reminds me that last year The Opinion printed storiesabout a new campus law journal that would publish student work. Since then, I have heard nothing about this proposed journal, though it has received SBA funding. Can you write an update? Sincerely, Bill Magavern Guild Wrong on JAG Corps by Shawn Griffin The recent protest against the Judge Advocate General's hiring practices brings up several important issues. The National Lawyers Guild has taken upon themselves the task of protesting discrimination against gays by the Armed Services. The purpose of a protest is to highlight an issue. In this respect the protest has served its purpose but when the N.L.G. attempts to go further by pressuring the faculty and CDO to exclude the JAG from hiring on campus they have gone too far. The basis of the protest was their objection to discrimination against gays. In light of this platform, it is hypocritical to argue forthe use of discriminatory practices by CDO. To protest the JAG hiring policies by eliminating this job opportunity for U.B. law students is discrimination in and of itself. The discrimination of a small number of gay students is merely shifted to the students pursuing job opportunities in the JAG. There were 25 to 30 students who interviewed with the JAG. Should these students be deprived of a job opportunity in orderto protest a point? The reason for a protest is to shed light on an issue. This issue is a social issue which must be addressed by our society in the proper forum. The N.L.G. can shed light on the issue by sitting in front of the library, but the way to change this policy is not a local issue which can be affected by local actions. The military is a governmental entity which is subject to change in three ways: judicially, legislatively, and by executive order. The Supreme Court has taken an active role in detering discrimination. Gay discrimination in the military is presently an issue in our court system and may reach the Supreme Court if the San Francisco ruling extending the suspect classification to gays is appealed to this level. Previously, gay discrimination was tested against a rational basis test. In light of prior decisions rejecting the extension of this category to age and gender discrimination it seems unlikely that the court will allow the lower court ruling to stand. Only when discrimination is within the suspect classifications will affirmative action be justified. If the N.L.G. proposal is forced upon our school we will be, in effect, taking affirmative action. Admittedly, if the Supreme Courtholdsthatgaysare within the suspect classification there will be grounds for affirmative action. But if the Supreme Court takes the more likely path of applying the less restrictive rational basis test, af- firmative action will not be justified. (Unless the Supreme Court finds that the military's reasons fail even the rational basis test.) Affirmative action is a strong social tool which must be used sparingly in order to prevent its abuse. This concern against overuse is the reason the Supreme Court has restricted the protected classes. It is a tool our judicial system has used sparingly and one our law school should use sparingly. Whatever the outcome, it is a social issue which must be changed through either judicial, executive or legislative action. It is your government which maintains this policy and as law students the N.L.G. as well as anyone should know how to change governmental Write your Conpolicy. gressman or woman, write to the president, make people aware of the issue and ask for their support, but don't deprive me or any other U.B. law student of a career opportunity to make your point. BAR-BRI Ads Mislead; Pieper Is TheBetter Choice To the Editor: In the highly competitive business world, the use of deceptive advertising is all too prevalent today. To see this type of advertising in The Opinion, however, is something that should not be tolerated. Once again, BAR/BRI Bar Review has bought advertising space in the law school newspaper for the purpose of misleading students about the quality of the Pieper New York- Multi-State Bar Review ("Take This Pieper Multiple Choice Bar Examination," The Opinion, Feb. 17, 1988). I am not a Pieper representative, but I have placed my deposit with Pieper to take his course. This decision was made after careful consideration of the merits of each course presented to me by both Pieper and BAR/BRI representatives. continued on page 10 �Res Ipsa Loquitor by Daniel Ibarrondo ChangesIn Our Society Must Begin With Ourselves "What men value in society is not rights, but privileges." H.L. Mencken — This past week we have witnessed on one end the presence of the JAG Corps recruiters on campus and the NLG on the other. Two things came to mind as I signed the petition sheet and then a few hours later I decided to play devil's advocate with the organizers at the table. I remembered a meeting some time back with a few friends. Present at the meeting was Gloria Steinem, whom I thank for my enlightenment. Chatting about a world ruled by men, Gloria stated that if men had sanitary napkins periods, would be free. I couldn't believe how many men would break their backs searching for legal rules and standards to justify their own feeling of insecurity when it comes to the gay population or any type of positive assertiveness by womyn or non-caucasians. Wake up and face the fact that the "I'm a straight white macho male and my values and morals is the law" syndrome that existed in our society can no longer be tolerated. Co-existence with sensitivity and concern for others is the name of the game now. We all want the privileges that we were deniedand are entitled to. Equal toilets and stalls in womyn and men's bathrooms in public places was a beginning, thanksto Bella Abzug, and we will not be satisfied until we obtain the same equality in the public and private sectors. The subjugation of womyn at home and the workplace must come to an end.The discrimina- tion against gays and noncaucasians must also end. If men would take the time and "look in the mirror," hopefully they'll realize that the extension of privileges to womyn, gays and non-caucasians would relieve them of a lot of the tension and hangups that they now harbor. The second thing that came to mind was that I found the analogy of sexual orientation discrimination and racial discrimination very interesting. When asked to sign the petition (which I had already signed a few hours before) I responded by saying that it was an infringement on my rights to negate to me the opportunity of interviewing with the JAG Corps, or something to that effect. I was posed with the question, "What if they discriminated against minorities, would you like them to recruit on campus?" (Note: As a citizen of this world, I caution the use of the term "minority." Outside the boundaries of local, city, state and national insecurities in any country or hemisphere, noncaucasians are the "majority.") Anyway, obviously not. But then again, most employers would not dare discriminate so openly against non-caucasians. They would rather not hire and hide behind the cloak of "equal opportunity employer" or "affirmative action employer." It's a nice way of saying, "We'll interview you and accept your resume only because the federal government tells us to but quite honestly we're not interested in hiring non-caucasians. It's not the look we want to know better." Womyn have been discriminated against, non-caucasians discriminated have been against and gays have been discriminated against. Obviously, there is common ground to work together for the benefit of each other. The victories of one group are the joys of the others. The non-caucasian group crosses the boundaries of the other two. There are non-caucasian gays, and there are thousands of non-caucasian womyn who are becoming, if they're not already, the new underclass. I wonder if the womyn and gay groups would rally behind the lack of employment opportunities forthe skilled and unskilled non-caucasians? Or would this be of concern only to AALSA, BALSA and LALSA? My dear liberal friends, let's clean up our house with the same force and energy that we dedicate to the "unpopular" causes of the world. of the American amalgam, share a particularly bitter understanding of economic insecurity, social unrest, and uncertain, if not dire, fears of what the future will bring. The reason for their bitter experience is that they know they are like "strangers in a strange land," treated like outsiders by a white majority that does not want to live with them, work alongside them, or share friendships with them. It seems the only thing that whites want to do if forget that they exist. You might hear whites saying, "I am not responsible for what happened during the time of slavery," or, "Why should I be made to feel guilty for something that I did not personally do to THEM? Most of the time it is their own fault." Superficially, these hypothetical comments ring true for many whites in America. It should be understood, however, that people can never really know the effects of their actions and behavior on other people until they take that proverbial walk in another person's shoes. Only from that vantage point can Caucasians begin to understand the nature of the racism that whites, collectively and individually, perpetrate on their Afro-American brothers and sisters. To get an idea of an African American's life it is necessary to dig back into the creation of this idea, this creation called "America." It started as an ambitious group of culturally chauvinistic Puritans, merchant adventurers, and indentured servants (white slaves). The smell of an empire to be built was ripe in our nostrils. A major problem immediately intruded on the consciousness of these early settlers how to convert raw land, occupied by Native Americans, into the stuff of empires when such a paucity of labor existed? Everyone who came over from Europe, including the indentured servants who eventually fulfilled their "contracts," wanted their own land to farm for themselves. To work for another was a repugnant existence. The answer to this quandary was simple: Permanent, free labor. But whatgroup of people would work, to make another rich, for nothing and for the duration of their lives? Another simple answer: The ones forced to the point of death to do so. Beyond simple force, though, whites needed a psychological mechanism to justify their perception of themselves as Chris- tian, high-minded (after all, only a high-minded people can build such wonderful things as empires) and virtuous folk while they embarked upon the most massive enslavement of a people in human history. They had to be able to justify themselves. The answer to this was also simple. The Africans are not PEOPLE. They cannot feel, think, react, love, cry, or die like US white folk, the true people. They were meant, better yet destined, to work for US so that we can build our empires and for 250 years they built this empire for free. That great document, our Constitution, was born in the heart of slavery. Its language cried for the highest exaltation of a free people. George Washington, a man we are trained to this day to admire unrestrainedly, be we black or white, built a great empire using the backs of the ancestors of your black schoolmates. (Did you ever wonder sometimes when you touch their skin can you feel their collective pain?) Thomas Jefferson is the man remembered for fighting for the inalienable rights of the people. He was a "benevolent" slaveholder; a contradiction in terms. Lives Of Afro-Americans Have Seen Little Improvement by Angel Maori The date is February 4, the year is 1988. For most Americans, namely those of the Caucasian race, it is a time of economic uncertainty and social unrest, bringing an atmosphere of general uneasiness about prospects for the future. They want to maintain those rights which they feel are truly inalienable: a decent job, a secure family life and a well needed opportunity to take a break from the strains of earning a livelihood for themselves and theirfamilies. As citizens of this country and taxpayers, they want to see their government make and enforce laws that. provide for the future meaningful needs of themselves and their children. That they belong to this country, and deserve these provisions from the government is taken for granted. While all severely criticize the government from time to time, they also recognize that it must continue to satisfy their needs. For its only true legitimacy is in maintaining the faith of its citizens. For a significant group of Americans though, this vision of American status is an alien one, in many important respects. African Americans, some of our earliest members — .. — — The "Right" View And this high and mighty Constitution they produced said to the people who had built their empires for free: "Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three-fifths of all other Persons. " Ironically, it was the slaveholders who wanted to count the people they made slaves as a whole person for the purpose of getting more representation in the legislature. The Northerners wanted to count slaves as no person so they would have a numerical advantage in the legislature. Savage powerplay at its grandest, abusing those fine words "People" and "Persons." The people who wrote our Constitution mocked it the most and left us with a legacy of searing prejudice that still stymies us. Those memorable words of Justice Taney, in the Dred Scott case, expressed the common continued on page 8 by James P. McClusky An Open Border Policy Would Benefit All Americans Recently the leaders of Canada and the United States signed a historic trade treaty removing restrictive tariffs and quotas which currently hinder trade between the two countries. A host of various experts are telling our representatives and senators in Washington that free trade is more efficient than protectionism. Wisely, most will accept this view and, after some political grandstanding for the benefit of their constituents, they will approve the pact. While theseattitudes have gained favor when discussing trade practices, few apply these same principles to our immigration policies. Ethnocentric fears and irrational thinking have caused Americans to effectively close our doors to foreigners. This is so even though almost all of us have ancestors who emigrated to this land of opportunity. Our fears do not allow us to recognize those economic and social gains which would be realized by open immigration. Fear of immigration is not a new phenomenon. Though the fear continues today, levels of immigration are actually down. The immigrants who arrived between 1901-1910 constituted 9.6 percent of the population whereas between 1971-1980 immigrants constituted only 2 percent of the population. Current citizens only have to absorb 20 percent of the immigrant "burden" as our ancestors did at the turn of the century. The most politically powerful argument against admitting immigrants is that they take jobs held by "natives" (U.S.-born citizens) and thereby increase unemployment. The logic is simple: If the number of jobs is fixed, and immigrants occupy some jobs, then there are fewer jobs available for "natives." Thisfails to recognize the fact that immigrants take jobs which are not as appealing to the local residents. (This is as true today as it was when my Irish ancestors came over and worked on the trans-continental railroad.) The recent immigration policy —the amnesty program brought with it a crackdown at the American/ Mexican border. Because of this crackdown west coast farmers were unable to harvest all their crops. Only after a relaxation at the border were there sufficient workers to harvest the remaining crops. Most immigrants have considerable awareness of the labormarket condition in the U.S. and tend not to come if there is little demand for their skills. — Though some would argue that illegal immigrants come for the welfare benefits (not caring if their skills are needed), this is refuted by recent studies which tend to show immigrants generate more revenue in taxes than they take from the state. At the same time, immigrants increase the demand for labor because they consume goods as well as produce them. As has been the case with immigrants throughout U.S. history, current immigrants are just entering their prime work life. Immigrants are usually in their twenties and thirties, contributing taxes and taking little as far as transfer payments are concerned. This is in contrast to the "native" population which has a much lower percentage of its population in their prime work life. Immigrants are also flexi- ble about jobs and geographic locations and therefore are able to adjust to the changing economic conditions which exist. And though a large percentage of immigrants (especially the illegal immigrants) are persons of very low skill and littleeducation, many are equipped with both high skill and high educational backgrounds sothattheir contribution is felt across the entire work force. By offering an open border we enjoy benefits other than economic. Immigration invariety. creases cultural Chinese, French and Greek restaurants are common examples and the recent Chinese New Year celebrations, Little Italys, Chinatowns, Polish-American clubs and SA-sponsored foreign clubs are a few others. These cultural contributions continued on page 10 March 2, 1988 The Opinion 7 �New Spirit At BPILP Prompts Conference, Fund Drive by Michael Kulla In keeping with the new spirit at the Buffalo Public Interest Law Program (BPILP), several projects are in the works this semester. This article will describe briefly what these projects are. Conference We are sponsoring a panel discussion about the backlog of cases at Legal Aid of Buffalo. It is scheduled for Thursday evening, March 17, at the law school.We are finalizing our list of speakers from both the law and the Buffalo legal community. As soon as that is completed, we will announce the panel members. Pledge Drive Our fund-raising efforts are being channeled into a faculty/ student pledge drive. This will likely take place in early to midApril. We will be asking students to contribute on the theme of "Work a Day in the Public Interest" this summer. Don't worry, you will be hearing much more about this campaign in the weeks to come. Brochures BPILP is in the midst of revamping its informational pamphlet. This idea is long overdue. Look for our "new and improved" pamphlets at our conference March 17. Summer Internships BPILP offers the opportunity for first and second year law students to work in public interest agencies in the Western New York area. Our stipend for the summer is $1,500 per student. The selection process is as follows: 1. BPILP solicits proposals from local public interest law offices that would like one of our interns. 2. BPILP evaluates these proposals and selects as many offices for intern placements as our funds allow. 3. CDO solicits your resumes for these offices. 4. The employer chooses the students they wish to interview. 5. The employer does the interviewing, either on campus or at their office. 6. The employer makes their selection of which student they want to work for them. Employer selection and resume deadlines will be forthcoming, probably just before or after March break. If anyone would like further information on any of these events or projects, please leave a note in box 756. This article will satisfy SBA By-law 13 requirements. SBA Committees from page 5 International Law As one anonymous student wrote: "U.B. is well situated to develop its curriculum in international law as the only U.S. law school located on an international border. Moreover, faculty, students and libraries are already engaged in international comparative and legal research ... So I'd encourage the new administration to consider the benefits of developing this vital area of law ." Oral Advocacy Program Many students have expressed a concern that the oral advocacy component of thefirst year Research and Writing program is insufficient. Further, it is felt that moot court and trial technique do not sufficiently train the students in this vital area. Further training could also be combined with an advanced research and writing course. The survey found that many students feel that one year of research and writing was inadequate to impact the necessary and vital skills of legal research and writing. Clinics Establish more clinics and supplement them with course work. Clinics give the student the opportunity to acquire practical experience in law and at the same time serve the community. Other areas in which students have expressed an interest include: Conflicts of law (12 responses); Entertainment law (13 responses); Anti-Trust law (11 responses); Patent/Copyright/ Trademark law (8 responses); Advanced Criminal Law/Evidence (8 responses); and Agency and Partnership (9 re- — . sponses). This list in no way exhausts the suggestions made by the students. Approximately 55 different law-related areas were suggested by the students. The above areas represent those areas in which a large number of students expressed an interest. Field Trip Program by Kelley Omel It is hoped that a formal field trip program can be established which would go into effect next year. Briefly, there could be one out-of-town and one local field trip each semester. Group rates could be obtained to lessen the costs for students. We will be applying for a grant in February to cover the costs of the faculty member leading each out-oftown trip. Law Library by Karen Surber, Victor Arias and Rohan Marshall One of the most important aspects of any law school is its library. The Buffalo Law Library is a resource that is used by all students attending school here. 8 The Opinion Therefore, the library must be compatible with the students' needs. The general consensus from the students attending school at Buffalo Law School is that the library, overall, is more than efficient and is well staffed. However, there are three areas concerning the library in which students have expressed a dire need for change: Undergraduates in the Law Library, Lack of photocopiers in the Law Library, The actual hours the Law Library is open. The following is an attempt to explain the above-stated problems in detail and some of the suggestions offered by law students to alleviate these — — — problems. The first issue is the problem of undergraduates in the Law Library. One of the major problems with allowing undergraduates in the Law Library is that they deprive law students of much-needed space. The deprivation of library space is a major concern and possesses a serious educational implication. The Law Library was constructed to only hold 501 seats, which barely meets A.B.A. accreditation standards for our school. Of those 501 seats, only 228 consist of open or closed carrels and 41 of the closed carrels are supposedly "restricted" for law students. In addition to that, the audio visual floor and 5 conference rooms are for the specific use by law students. Are these enough restricted seats to satisfy the law school population? There are roughly 801 law students, which would entail an immediate shortfall of 300 seats. Now, imagine the courses that require law students to do a considerable amount of research, such as: research and writing, seminars, clinical programs, etc. Will these law studentshave to find another place outside of the Law Library to read and write about what they researched? Or, consider the law students who, for an entire semester, had studied in a particular open carrel and during one of the peak sessions (examinations) finds an undergraduate student occupying that nest they created. Should those law students have the right to ask that person to leave? This example is one of many that law students, especially first years, find themselves confronted by. Can the Law School administration implement any policies which would restrict access to undergraduate students? Since this is a state university, it is open to the public and the law administration is limited in what it can do about this prob- March 2, 1988 lem. Therefore, one possibility that the administration might have as an option is to make a proposal and present it to the hierarchy of the university. This proposal could include, but not exclude, a specific floor strictly for undergraduates who just want to study in the law school environment (sixth floor), or perhaps closing the library to all undergraduates three weeks prior to the start of final examinations. There has also been a suggestion of getting a guard to sit outside the library to control the number of undergraduates entering the library. It has also been suggested that all of the law school's library facilities (faculty library), duplicate reporters be made available to a larger segment of the student body on a seniority basis. Our school's limited facilities should be utilized to their optimal capacity. Again, these are just a few of the possibilities that could be discussed. Tl ere are many more, but we have to get the ball rolling. The second problem is the lack of photocopiers in the Law Library. Law students in general are in a position in which they need to photocopy a tremendous amount of material. At the present time the Law Library has only three photocopiers. Three photocopiers shared by the whole student body does not go very far. If this was not bad enough, the three machines the library does have are not always in working order. There have been times in the recent past when two of the three photocopiers have not been operating. Students are rightfully upset because of the lines on which they have to waste much of their precious time waiting to photocopy material. The lines forming at the photocopiers are not a result of rude students who "hog" the machines. The students are very cooperative (usually) when it comes to the photocopiers, but even withthe student cooperation there are still lines forming. As a result of the lack of photocopy machines in the Law Library, students are forced to go to one of the undergraduate libraries to copy their material. Not only is this uncalled for, but often the materials the students need cannot be taken put of the Law Library because of library policy. Students are not naive about the cost of a photocopier it is an expensive machine. However, considering the enormous amount of material the studentscopy daily, it is reasonable to request that there be more photocopiers in the Buffalo Law School Library. The last major problem is the - — actual hours the Law Library is open. The library hours for this semester are Monday through Thursday from 8 a.m. to 11 p.m., Friday from 8 a.m. to 9 p.m., Saturday from 9 a.m. to 6 p.m., and Sunday from 12 p.m. to 10 p.m. Many students, however, desire a law school library which remains open for longer periods of time. While our Law Library hours are compatible with the other libraries within the University system, the hours are less than those of other law school libraries nationwide. For example, the University of Baltimore's Law Library is open an average of eleven (11) hours longer than our Law Library, and Virginia's Washington and Lee Law Library is open twenty-four (24) hours per day. A few students admit that they do not use the library and its facilities all the while that it is open. However, they contend that limited time discourages them from using it more often, and that if it were open for longer periods of time they would utilize it to that degree. Afro-American . feeling that blacks were not people, whether they were emancipated or not: "The question before us is whether the class of persons described in the plea in abatement compose a portion of this people, and are members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word 'citizen' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. "On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose grant them." 60 U.S. (19 How.) 393, 1857. And then a war, ostensibly to free the slaves, followed by the 13th, 14th, and 15th Amendments to the Constitution. While being high-minded in their language, these Amendments were so narrowly defined by the federal courts that they effectively continued the tradition of detrimental treatment of black Americans. A few words from the Plessy vs. Ferguson decision should highlight the racism that abounded at the "highest" levels of our government: "Legislation is powerless to eradicate racial instincts, or to Some suggestions towards achieving this goal may be: (1) extend the library hours by at least three hours per day. The library would then be closed at 2 a.m.; (2) keep the library open twenty-four hours on weekends. The library would then remain open from Saturday until Monday; (3) have one or two floors open on a twenty-four hour basis. A practical solution may be to use the second or third floor, or, the second and third floors. The elevators could be shut down, the doors which give access to other floors locked, and the lights to those floors turned off. Thus, the rest of the library could be closed except for the second and third floors. A final suggestion would be to have the library remain open longer prior to and during exam weeks. The study of law often requires many hours of research in the Law Library, and after vying for space with the undergraduates there is often very little time left to study there. from page 7 abolish distinctions based on physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation If one race be inferior to the other socially, the Constitution cannot putthem on the same plane ." 163 U.S. 537 (1896) This attitude by the Supreme Court was the law of our country until that most recent date of 1954, in the Brown vs. The Board ofEducation of Topeka, Kansas case. Combined with the narrow reading of the 13th, 14th and 15th Amendments, and the hatred of many southern whites, blacks in America in the first half of the 20th century found themselves in conditions as bad, and attimesworse, than what they experienced during slavery. By now I hope many people are realizing that we are almost up to the present and things are still horrible for African Americans. So we have got to ask ourselves, "How did things get so much better in the last 30 . ... years?" The answer is, once again, very simple: They are not much better at all. Now I'll leave you with my idea of what the essence of being an African American on February 4, 1988 is: Struggle to affirm what history, laws, non-admittance lynchings, signs, insults about your skin, and cold, fearful stares in the streets and hallways tell you what you are not a PERSON. And now I ask every white person a question: Have you tried hard enough to discover what a PERSON truly is? — �BAR/BRI NCUI YORK SUMMCft 1988 BRR R€VI€W Manhattan Live Buffalo Video Starts 5/23 Starts 6/1 BRR/BRI HOTUN€: 212-594-3696 jp^ March 2, 1988 The Opinion 9 �Criticism of Law Review Shows Lack of Understanding by Michael C. Banks As one of the "people on the sixth floor" who helps decide who is selected for Law Review, I feel compelled to address the John Bonazzi article which described that process as undemocratic. Certainly Mr. Bonazzi is not the first to suggest that the Law Review not use any selection process. Past and current members have, on occasion, made similar suggestions. The Yale Law Journal uses no "selection" process. My objection to Mr. Bonazzi's comments stems not from the desire to maintain the Law Review as the last bastion of elitist snobbery at ÜB, but from a belief that the selection process at UB is probably one of the best processes being used by any law review in the country. More importantly, I think that someone who undertakes the responsibility of criticizing the process should have a more informed understanding of the process than Mr. Bonazzi demonstrated in his article. I must also point out that, though I am one of the Note and Comment Editors and as such played a particular role in the selection process, I do not write this response as a personal defense. Mr. Bonazzi erroneously states that the "factor most responsible for membership" is grades. Grades make up 50 percent of the score used for selection, Casenote scores make up theother 50 percent. The extent to which grades will be the deciding factor depends upon the extent to which there is or is not a clustering of grades at a particular level. Thus, in cases where the competitors, as a class, all have "good" grades, the deciding factor might be the Casenote score (which I will explain in greater detail). We have the mandatory Casenote competition because grades, by themselves, are not necessarily an accurate reflection of student ability. If we believed that they were, we would simply notify the top 10 percent of the class that they were on Law Review, as many other schools do. The Casenote competition accounts for the fact that not everyone on Law Review is in the top 10 percent of the class when evaluated on grades alone. We do not believe, however, that grades are totally unrelated to academic accomplishment any more than we would assert that the LSAT score and undergraduate GPA's, with all their flaws, are totally unrelated to academic performance prior to entering law school. Additionally, students here can "write on" to Law Review. People are sometimes selected solely on the basis of a high Casenote score without regard to grades. The Casenote competition is scored by eight separate editors, each of whom must read and score all of the casenotes. The score that a competitor receives is a statistical z-score, or average, of the eight scores. Since the scorers do not have the names of the writers of the Casenotes, and because the editors may be anywhere in the country when they do the scoring, the possibility of collusion is remote and speculative. Mr. Bonazzi is correct in suggesting that the requirements for law review should include a sophisticated analysis — Opinion Mailbox My reason for writing this letter is that BAR/BRI has placed misleading advertising in a number of previous issues of The Opinion and I believe that law students should be aware of the selling tactics being used by BAR/BRI. (See "29 Reasons Why Most People Choose BAR/ BRI," previous advertisements by BAR/BRI which were more reasons not to take Pie*per than legitimate reasons for taking BAR/BRI.) In their advertisement, BAR/ BRl's first "question" claims that they are "conveniently located near Times Square" while Pieper "is conveniently located at far lower west side." It is true that Times Square can be reached by bus or subway. But as anyone from New York City can attest to, Times Square has one of the highest crime rates in the city, both on the streets and in the subways. I, for one, do not consider this "convenient." Pieper, on the other hand, is located in an area known as spur "natives" to be equally creative. Open U.S. borders would allow the Third World to get a truer picture of the United States and its semi-capitalistic system. Third World residents could hear about the U.S. from friends and relatives who have emigrated to the U.S. This would be an effective counter to the anti-American propaganda generated by many Third World governments. Further, attracting the industrious from the Third World will give Third World governments 10 — form). All of these relate, importantly, to an associate member's responsibilities. All of this information is included in the rules for the Casenote competition which are given to each competitor. Those who participate in the fmm from 6 page f\ lecture such as BAR/BRl's. A lecture to a live audience by an animated professor is bound to be better than a professor lecturing to a camera. In addition, there is no distraction of having to watch a television screen. Although these comments regarding BAR/BRl's advertising may seem petty to some, we as law students should insist that bar review courses sell themselves on their merits rather than resorting to competitor bashing. Every "question" in the BAR/ BRI advertisement decries Pieper in an effort to mislead the student. I think it is inexcusable for BAR/BRI to prey on the fears of law students when they face the last hurdle before being admitted into practice as an attorney. Therefore, I would urge all students to carefully consider the claims made by BAR/BRI when they decide on which bar review course to nsop Tribeca on theLower West Side of Manhattan. It has one of the lowest crime rates and is easily accessible by both subway and bus. Another BAR/BRI "question" points out that their lecture is given in non-live sessions using color videotape while answering that Pieper uses audiotape cassette. The choice for the correct Pieper "answer" is placed last in order of three possible formats for the course, implying that the use of an audiotape is the least desirable form for reviewing for the bar. This is misleading because the substance that will be transmitted during the lecture is delivered by what you hear, not what you see. It is irrelevant whetheryou can see the professor providing the lecture. Learning the law is more a function of listening to what people say. There are no hand signals to be learned for the bar. I believe that an audiotape lecture such as Pieper's would be better than a non-live video Open Border Policy also of issues and high quality, indepth writing. That is precisely why those who submit "low quality journalism" demonstrating an over "emphasis on getting your product to not exceed eight pages," and those who cannot "write something meaningful in eight wide margined pages" are unlikely to score well on the Casenote component of theirtotal score. The Casenote is an analysis of the law reflected in the majority and the dissenting or concurring opinions of a recent decision. The expectation is that competitors will do some scholarly research and analyze, rather than simply regurgitate, what the opinions say. The eight page limit is designed to (a) force thewriter to make the editorial decision as to what "has" to go into the Casenote; (b) eliminate the advantage someone might gain by simply submitting more, perhaps meaningless, pages; and (c) make the process manageable for the editors who must read all of the Casenotes which have ranged in numberfrom 100-150or more. The Casenote is scored on (1) substance and analysis (depth of logic, precision of assertions and arguments); (2) form and writing style (organization, diction, grammar, cogency); and (3) use of authority (scope and breadth of research, bluebook Steven Diamond Third-Year Student THE from page 7 an incentive to liberalize their economies and social constraints. Immigration is obviously beneficial to those who actively seek admission to our country, but at the same time the "native" population benefits. We should be glad that our society is sufficiently attractive to create what is perceived as an immigration problem, and we should not be naive enough to think we are better than and deserve more than those who were not fortunate enough to be born within our borders. The Opinion March 2, 1988 1 PASSWORD: 413 Seventh Avenue. Suite 62 New York, New York 10001 ■ (212)594 3696 (201)623 3363 I ■ competition do so because they want to, not because anyone on the Law Review forces them to. Yes, the number selected is small and represents 10 to 15 percent of the number in the first-year class. Yes, that is in part a function of what has traditionally been done. However, it is also because the primary task of an associate member is to write an article of publishable quality. Articles written by associate members are the Law Review's primary source of student-written material. Three drafts are required because over time a three-draft system has proven to produce a better "product." Each associate has an editor and each draft is read by others who are not that individual's regular editor. This process could not be efficiently duplicated with large numbers. The bluebooking requirements of the Casenote competition are directly related to the extensive use of the bluebook by the Law Review —particularly by associate members when citechecking articles which have been accepted for publication. Though some may lament the mention of the bluebook, it serves its purpose as a Uniform System ofCitation and is used by virtually all legal journals in this country. Finally, anyone who wishes to make the law review experience a part of their law school experience is more than welcome to participate in the case- . Beer tournaments involving a bunch of retired athletes? My favorite is the commercial where Spuds MacKenzie, the original party animal, is playing goalie for the U.S. Olympic hockey team. At this point, you're probably saying so what, they're just commercials. Funny, I'd like to know how many times one of Chris Mullin's teammates said to him, "Great game Chris, it's Miller time!" At the same time, how many people drink beer when they're watching a sporting event? This has become a national pastime, and if you don't believe me, ask the gang at Cheers. Next time you watch a beer commercial, look at what the actors are doing (if they're not in a bar). More likely than not, they're probably watching a sporting event. By tying sports and beer together, the media is saying that beer-drinking is a "macho" thing to do. Companies try to show that tough guys drink beer (i.e., Dick Butkus, L.C. Carrel . "There's a very helpful and pleasant environment both from the second and third year students and also from the faculty There are no other schools that I know of that are on such a high level academically where the faculty cares anywhere near as much about really helping the students to get a good education." . With the emphasis on learning rather than competition, UB has been able to turn out lawyers that can approach problems from new angles and help clients with creative thinking. These attributes are often not seen in law schools where the students are more restrictive in their thinking. note competition. Yes, I dorefer to it as a competition, and the participants as competitors, because no, I do not believe that competition is inherently evil. Nor do I believe that grades are evil. I certainly do not think that Law Review is the last bastion of elitism and snobbery at ÜB. There are many more elitist snobs in the law school than there are members of Law Review. Mr. Bonazzi, now that we have seen your articles attacking grades, Research and Writing, and now Law Review, I cannot wait until we get the sequels attacking the Moot Court Board, the need for classes or professors, the oppression of tuition If things go your way, I will one day be able to send for a J.D. degree through the mail to give to my child as a gift. ... You argue that Law Review selection is undemocratic and that if the process is not changed to your way then either the administration or the SBA or all the students should force the change hardly the most exemplary demonstration of democracy. — The one good result of your article is that it provides a timely opportunity to clarify the process for those who do have an interest in Law Review. Those who do not will not be forced to participate. from page 3 Greenwood), or that drinking beer while watching a sporting event is the way to go. Another classic is the commercial where two guys play one-on-one basketball for a Michelob. I wonder if Chris Mullin ever played one-on-one for a beer. I'm not saying that there's anything wrong with having a few beers. I happen to enjoy drinking beer. However, beer is a deceptively dangerous drug, and manufacturers are merely adding to this illusion. As long as the media continues to glamorize the consumption of beer, the problem will be perceived as less serious than it actually is. Joe Gergan, a sports writer who recently addressed the problem of alcohol in sports, points out that the GoldenState Warriors have a full-page ad for beer on the back cover of their program. Ironic as it may be, Chris Mullin, a member of the Warriors, plays for a team that supports the one thing that almost cost him his career. from page 1 The lack of emphasis on competition has not turned out less competitive lawyers. "Although you might think thatthe lack of competition in the school would produce people that were less equipped to be competitive in a fairly competitive profession, I've never, ever found that to be true. What I've found to be true is that they can go out there and do at least as well as other people who are from schools the equivalent academically." Although the Law School of today has few of the characteristics of the UB that Mr. Carrel attended on Eagle Street, he feels change has been for the better and that UB has developed into a top rate school. �Olympic Competition Should Be Placed In Perspective medals have been few and far between. Fortunately, I don't thinkthat our world is such that this will greatly hinderthe international reputation of the United States, but there will undoubtedly be some countries and peoples whose impression of the United States will suffer. I just hope that the inevitable feeling of despair that is sweeping the nation doesn't adversely affect the sense of pride and patriotism that is so important for the citizens of our country especially in light of to have the upcoming presidential elections. I'm not aware of any statistical correlation, but it would be interesting to see if the percentage of voters at the poll increases with the number of medals won by the American Olympic athletes the previous winter and summer. What about the strength of the dollar and the stock market activity on Wall Street? These are very important concepts in the United States of America and I'd hate to see them be adversely affected because of a failed tripleaxle. so I'm trying to be serious please don't laugh. At first, this thought may seem ludicrous, but when one reflects on how the U.S. citizens are being bom- by Jeff Markello The Olympics. How much do these sporting events really mean anyways? We wait four years as the intensity and excitement build, hoping to see some spectacular athletics and most of all to find out who really is the best in the world. What kind of a yardstick is this competition? Does it really prove who is best in each sport? Years and years of training. These athletes put in long, grueling hoursfor half a decade or more all to have their performance evaluated in a very short time slot. The athletes place a great deal on this evaluation. More than just their performance, they often place their personal competence, adequacy and overall self-worth into the number assigned to them. After all, this sport has been the central part of their livesfortheprevious few years and their existences have come to be centered around this athletic event. The result? Broken hearts and over-inflated egos. I'm not condemning the Olympics or saying that it should not be, I'm justtrying to put this competitive extravaganza into proper perspective. This year has been especially tough for the Americans. The .. barded with Olympic coverage daily, it only makes sense that attitudes, perceptions and national morale are affected in some way. Upon arriving at work in the morning, what's the first thing that the blue collar worker says to assembly line buddy, the yuppie says to his secretary, or even you say to your fellow classmates? "Did you see the Olympics last night? What an exciting race! I couldn't believe it." Because everyone is talking about it, and because the Americans are losing, we begin to associate negative connotations with the event. Because nobody can rationalize this by saying that the Olympics are a bad thing, the unconscious rationalization is that it must be the USA that's bad. While the Olympic games are a very important sporting event, perhaps the most important of all competition, let's try to keep in mind what it really is a game. Let's hope our hockey team's finish doesn't ruin the national economy. And please, get out and place your vote this November, regardless of whether or not our lugers ... luge. The Opinion Publication Schedule ... Issue Deadline Layout 28:11 March 7 28:12 March 21 March 10 March 24 29:1 April 11 April 14 Publication March 16 April 5 April 20 All submissions must be typed and handed in no later than 4:00 p.m. on the deadline date. Submit all articles to the Opinion office, 724 O'Brian Hall, orto Zulma Bodon (Box 628) or Krista Hughes (Box 738). How to stand out A Poem For Life He's just a young dream ignorant of the deeper secret of the Universe: That aged eyes glean themselves and see that they are just young dreams I am just a young dream that aged eyes, tear filled, ft pi' see ft — and stark is the landscape of brutal moons, cold is the loneliness of space Mo Train Filvaroff ■ ftk The American Express* Card gets an outstanding welcome virtually anywhere you shop, whether it's for a leather jacket or a leather-bound classic. Whether you're bound for a bookstore or a beach in Bermuda. So during college and after, it's the perfect way to pay for just about Klk ft wk Ilk : MM « II X K. ft ft ft ft ft ft i| 8 Hi ;wL\ ■te ft ft ft ft ft ft ft »I ft ft W \\\\\\\w/) ® everything you'll want. How to get the Card now. College is the first sign of success. And because we believe in your potential, we've made it easier to get the American Express Card right now. Whether you're a freshman, senior or grad student,look into our new automatic approval offers. For details, pick up an application on campus, Or call 1-800-THE-CARDand ask for a student application. The American Express Card. Don't Leave School Without It?" .mil SERVICES . from page 1 He remarked that both he and UB President Steven Sample have "very strong feelings" about the policy, although he failed to reveal what those feelings are, and he emphasized that there will be no changes in the statement's "fundamental objectives." The Committee on Committees "tried to pick people (to serve on the committee) who were representative of the faculty," and came up with Philip Halpern as Chair, and Professors Girth, Mensch and Atleson as the other representatives. Student representatives have already been chosen for the first three committees, but not for the committee on the Faculty Statement. Filvaroff's final concern was the presence of undergraduates in theLaw Library. He emphasized that it is not an elitist concern and we are not trying to close ourselves off from the rest of the university. The problem is that there is not sufficient study space for law students, many of whom have no other place to study and do research. A general consensus among students attending the meeting was that access to the Law Library should be restricted during final exams. As always, the dean is requesting input regarding these issues and any other areas of perceived concern. March 2, 1988 The Opinion 11 �SPRING SEMESTER DISCOUNT ATTENTION: CLASSES OF 1988, 1989 & 1990 WHEN YOU REGISTER EARLY FOR BAR/BRI'S 1988, 1989 OR 1990 NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, NEW HAMPSHIRE, MAINE OR VERMONT BAR REVIEW. YOU GET THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW AND YOU SAVE $100 OFF THE CURRENT TUITION. 'PLEASE NOTE: ANTICIPATED 1989 TUITION IS $1075 IN NEW YORK, $950 IN NEW ENGLAND AND $825 IN NEW JERSEY. A $50 REGISTRATION FEE SECURES THE CURRENT DISCOUNT TUITION OF $875 IN NEW YORK, $750 IN NEW ENGLAND AND $650 IN NEW JERSEY. BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 415 SEVENTH AVENUE, SUITE 62 NEW YORK, NY. 10001 (212)594-3696 (201)623-3363 160 COMMONWEALTH AVENUE BOSTON, MASS. 02116 (617)437-1171 (203)724-3910 © 1988 BAR/BRI 12 The Opinion March 2, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-03-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/2/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 10 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5cbe3a77e18d718bcae0240b0fc6574e.pdf f7dc6a34f08dd63e90d225973d59b610 PDF Text Text THE OPINION Volume 28, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 17, 1988 Library Monitored For Dangerous Asbestos Problem by Donna Crumlish Air Quality monitoring took place on the fifth floor of the Law Library on Friday, February sth. The testing was done to pinpoint problems with the overall environment in this area and in the library as a whole. Airflow, humidity, temperature and the amount of fibers in the air will all be examined. The possibility of asbestos fibers in the air is something that will be examined closely. According to Leonard Borzynski, an Industrial Hygienist at ÜB's Office of Environmental Health and Safety, "In O'Brian there is.asbestos in a few areas that has been applied as fireproofing and one of the places is the fifth floor AY department." A survey taken by Hall-Kimbrell environmental services two years ago established that asbestos had been used in various capacities throughout the North Campus. In O'Brian those areas were mainly the AY department, room 728 and some eighth floor mechanical rooms. The material that was tested in O'Brian was determined to contain 10% asbestos. The 10% in the material itself is not considered to be harmful unless concentrations of the asbestos are found in high levels in the air. This is what the air quality monitoring is designed to ascertain. If the material has been sufficiently disturbed, it is possible that there will be more than the .2 fibers per cubic centimeter that OSHA has established to be safe. However, if the material is in the same condition that it was when the survey was taken, the air will probably not contain any harmful fibers. The results of the fiber testing will probably not be available until the last week in February. If the results of the air quality monitoring determine that there is a high fiber content, further testing will be done to determine the exact degree of the problem. If these results confirm a serious problem, other engineering or respiratory protection will have to be worked out until the asbestos can be removed. Whether or not the fiber content in the air is determined safe, the prevention of future problems is most important. Mr. Borzynski stressed, "When anybody wants to control asbestos, it's not to say that 'this environment is fine if it has this fiber content' but rather to prevent anyone from disturbing, changing, or modifying the environment so that they get a large dose of the harmful materials into their lungs." Before the discovery of the health problems it caused, asbestos was long used in various capacities including fireproofing, brake shoe work, and insulation. It has a host of properties that made it ideal for these uses. When changes in asbestos regulation were occurring in the early 19705, O'Brian Hall was under construction. The manufacturing of asbestos was ordered to be stopped but Practice of Matrimonial Law Discussed by Alexei Schacht On Saturday, February 6 The American Academy of Matrimonial Lawyers, New York Chapter, sponsored a day long symposium entitled "The Practice of Matrimonial Law: A Lesson in Reality," at the law school. The symposium, co-chaired by Paul Birzon and Professors Isabel Marcus and Louis Schwartz, featured nine practicing attorneys and a psychologist speaking about various aspects of matrimonial law practice. Mr. Birzon, who is both a leading matrimonial attorney and adjunct-professor of law, moderated the event. The topics that were covered ranged from attorney-client relationships to custody issues to how to conduct a matrimonial trial. But, in all areas there was no doubt thatthe emphasis was on, as the attorneys put it, "practical" matters. For instance, Alvin Ashley, who cameallthewayfrom New York for the symposium, to speak on the attorney-client relationship, made the point that "first impressions" at the initial consultation are extremely important. Ashley aslo stressed that the practitioner must be totally familiar with the New York Domestic Relations Law. In particular, section 236, New York's equitable distribution statute, which he called "the Bible of matrimonial law," must be known by any successful attorney. Janice M. Rosa, a partner in Paul Birzon's firm, discussed "opt-out" agreements which allow the parties to avoid the confines of section 236. In reference to what the parties should put in these opt-out, or separa- tion agreements, Rosa said that "the best advice is to get it in writing." Being "all inclusive" in an agreement may help the parties avoid further acrimony in the future, according to Rosa. Settlement agreements can minimize unnecessary conflict between the parties and lessen the unhappiness surrounding divorce, and, all speakers emphasized that spouses seem to be inevitably disappointed with their divorce settlements. In this vein, Patrick C O'Reilly, a partner with the firm Lipsitz, Green, Fahringer, Roll, Schuller & James, said that while attorneys "can cut out an agreement with a scalpel," the "judge will use an axe." In other words, only the separation agreement can assure the client that he or she will get what they want. O'Reilly's assigned topic for continued onpage 15 Dave's Dribblers Seek Investors by Shawn Griffin On Thursday, February 10, Dean "Dave" Filvaroff became a major stockholder in the Dave's Demons Corporation. There were rumors on the street that a foreign investor might attempt to buy control and change the team's name. There may be a proxy fight for control next week, so the Dean has increased his holdings substantially and is encouraging all law students to do the same. Dave's Demons, Inc. is the law school basketball team that will represent U.B. atthe annual law school tournament in Springfield, Mass, on February 27-29. The team members have been selling stock in the corporation; this represents an in- vestment in school spirit. The proceeds will be used to offset the traveling expenses of the team. Dean Filvaroff was encouraged by the team's motivation and has offered to play in the upcoming tournament. Sources close to theDean say Shawn Griffin. Dean Filvaroff, Dan his nickname in college was "Dunkin' Dave." But the contract negotiations between the Dean and Dave's Demons have been fruitless to this point. It seems that the only available position on the team is center and it doesn't look like Dunkin' Daveis"uptoit." (Seephoto.) Lukasic, John Dagon many suppliers and contractors had it in their inventories and continued to use it. This is why evidence of asbestos use is found so sporadically throughout the North campus. Plans for cleanup and correction of the asbestos problem on the North campus have been underway since the Hall-Kimbrell survey was released. O'Brian Hall, however, is on a lower priority level than other areas of the campus, mainly because the potentially harmful materials in O'Brian are fairly inaccessible and were in good shape when the survey was .done. Eventually, all the asbestos will be removed from the North .campus but, at present, the University's budget does not allow for the high costs expected in its removal and replacement. Law School To Hold Centennial Convocation Current issues in employment relations will be the focal point of the Centennial Law Convocation being presented on Saturday, March 5, by the University at Buffalo Law School and the Law Alumni Association. The all-morning symposium, entitled "Hiring and Firing: Viewsfrom Both Sides," will be held starting at 8:30 a.m. in the Center for Tomorrow on theUB North Campus. The program is designed especially for practicing attorneys. Procedures and practices*and the latest developments in areas such as age and sex discrimination, drug testing, communicable diseases and handi- Manly Fleischmann capping conditions will be covered from the viewpoints of both employers and employees, according to David E. Parker '77, Convocation chairman. "More than ever before, lawyers must be able to properly assist their corporate clients and workers who feel wronged in these highly charged matters," says Parker. At a luncheon following the educational program, President Steven B. Sample will present the Jaeckle Award for 1988 posthumously to Manly Fleischmann, a renowned attorney whose lengthy record of public service included high-level positions in Washington and Albany. It is the highest honor the Law School and the Law Alumni Association can bestow. This is the first time since the inception of the Jaeckle Award in 1976 that it will be presented posthumously. Mr. Fleischmann died March 25, 1987. The award is named for UB Law School alumnus Edwin F. Jaeckle, class of 1915, who was Mr. Fleischmann's close friend and law partner in the Buffalo firm that bears their names, Jaeckle, Fleischmann & Mugel. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and the legal profession. Fleischmann, a member of the Law School's Class of 1933, was also a partner of Webster and Sheffield in New York, and was a director of American Airlines and The Equitable Life Insurance Company, among others. President Harry S. Truman appointed him defense production administrator in 1951. Later, in 1965, Gov. Nelson Rockefeller named him a State University trustee and appointed him chairman of the New York State Commission on the Quality, Cost and Financing of Elementary and Secondary which became Education, known as the Fleischmann Commission. Convocation program participants and their topics will be as follows: *David G. Jay, a sole practitioner, will discuss "Procedures in Handling a Discrimination Case: The Employee's Attorney," and Thomas S. Gill, of continued on page 15 Inside ... Areas of Student Concern 2 Historical Overview of Grades 3 Res Ipsa Loquitor 9 Guild Perspectives 9 Off the Court 11 �SBA Committees Address Areas of Student Concern Dear Dean Filvaroff: The Student Bar Association's Subcommittee for Developing Student Issues has actively sought out and assembled the valuable opinions of our student body. These opinions were solicited and compiled over a three-month period. They have been divided into nine issue-areas: Carolyn Curriculum 1. Henry, Tammie Schultz, Alexei Schacht, Krista Hughes, Lisa Sizeland. John 2. Registration Bonazzi. 3. Advisement Kelley Omel. Karen Surber, 4. Library Rohan Marshall, Victor Arias. 5. Law School Ranking Derek Akiwumi, Domon Scrota. 6. Lounge/Cafeteria Chuck Johnson. 7. Financial Aid/Loan Forgiveness lan Fitzpatrick, Suzanne Unger. Maria Doti. 8. Child Care 9. Miscellaneous Jim McClus- — — — — — — — — — ky. Issue-area subcommittees undertook further investigation and now present their findings in this document. We trust that these reports will help you understand student perspectives and concerns. We are committed to improving our school, and have found that many members of the student body share our commitment.We rely upon your leadership and guidance, and sincerely hope that you will value and seriously consider our opinions. We wish to establish a cooperative and productive relationship with you so that together we may strive for even greater excellence in all we do at the Buffalo Law School. Consequently, we respectfully ask that you respond to this expression of our views in writing in our school newspaper, The Opinion. Respectfully submitted. The Subcommittee for Developing Student Issues Lisa Sizeland, Chairperson Law School Ranking by Derek Akiwumi and Damon Scrota Every two years. Dr. Jack Gourman publishes a report which attempts to rank the graduate departments in over 1,000 schools, as well as law school, both in the United States and abroad. In 1985, SUNY Buffalo's Law School ranking in the Gourman report dropped from 17 to 39, leaving many in UB law school's administration doubting its validity. One serious drawback of the Gourman report is that its author has refused to disclose his evaluating criteria and methodology to officials in either the American Bar Association or the American Association of Law Schools (The Opinion, February 26, 1985). Consequently, no authorities have been able to recheck the accuracy and validity of statistics that the ranking is based on. Yet, alternative measures need to be taken to ensure that resulting misperceptions do not damage the image of SUNY Buffalo's Law School in the community at large. Several steps need to be implemented immediately to ensure that prospective student and faculty members clearly understand the inaccuracy of the Gourman report's ranking 2 system. First, a statement should be issued clearly indicating the many shortcomings of the report. Additionally, this statement must stress concrete improvements presently taking place in the law school (including the appointment of a new dean, the work/research of nationally members, prominent faculty etc.). Finally, this statement should be circulated to members of the local bar association to ensure that they are kept abreast of the school's official stance on this matter. Child Care by Maria I. Doti While there is a child care program on the Main Street Campus, it provides a limited number of places. The only program on the Amherst Campus is a two-hour-a-day school program. Child care at the State University at Buffalo is inadequate when compared to the demand and needs of students, particularly those involved in rigorous legal study. As a progressive law school, we must support the access of non- traditional law students to legal education. Child care, which is responsible and flexible, is important to all parents; however, good child care is especially crucial to single parents, many of whom are women. Women traditionally lack the training and skills needed to obtain high paying jobs. Women displaced from their traditional roles as wives by divorce and widowhood are especially vulnerable to fluctuations in the job market. The Buffalo Model must assist those who are striving to improve their financial situations by obtaining advanced degrees. Because appropriate child care is both a university-wide problem and expensive, thereal challenge can only be addressed by the entire university working together and pooling resources. We, the student body, request that our dean be a leader in developing this area. Good, inexpensive, on-site child care makes sense. It is a draw to prospective faculty, students and staff. Advantages to the university include an increased market shareof top students, faculty and professionals who would choose our institution over another which was less generous. More secure child care arrangements also increase the morale of parents and their performance in the classroom and on the job. A strong child care program could also provide the opportunity for education, psychology, and other social science majors to have practical experiences while earning college credit as they work with or do research with young children. A program could also better utilize university buildingsmany of which have empty but fully heated basements. In particular, university dormitories such as the Governor's complex have empty areas and under-utilized kitchen facilities which would be ideal for young children. Areas of concern to law students include: I. Availability of Program 1. Lack of a full day child care center on the Amherst campus. 2. Need to extend day care hours into early evenings to as- The Opinion February 17, 1988 sist those who attend night classes. 3. Lack of cash subsidies to assist needy students to payfor on site day care. Subsidies could be included in financial aid packages or direct funding from student activity fees. 11. Flexibility of Law School Program to Suit Parents with Young Children 1. Make schedule of classes (especially for Ist year students) available early on so students can make adequate child provisions. 2. Administration and faculty must be more sensitive to the special needs of parents with young children and give adequate notice of changes in class schedules and make up classes. 3. More flexibility in exam schedules to allow parents to move exams which conflict with child care arrangements when an adequate substitute for child care is not available. Financial Aid by lan Fitzpatrick and Suzanne Unger Competition for Students and its Implications for Financial Aid Many students select UB Law because it is affordable. Few schools in the Middle Atlantic, New England, or Midwest have tuition rates which are on a par with ÜB. In addition, living costs for Buffalo are relatively low, enabling many students to maintain a decent standard of living. When these elements are factored in with the quality of UB Law School (arguably, it could be better), the choice to come to UB is an easy one for the serious-minded, cost-sensitive student. While the aforementioned factors remain strong selling points for UB Law, thefinancial aid program tempers an otherwise attractive program. Without a strong aid program, UB Law stands to lose qualified applicants to other law schools with stronger and more extensive loan, scholarship, and grant packages. Not only will UB lose qualified in-state applicants, but the Law School may find it increasingly difficult to attract out-ofstate students who improve the reputation of UB Law as a national law school. A wellrounded financial aid package would encourage many qualified applicants (both in-state and out-of-state) to seriously consider getting their law degrees from UB when they would not have otherwise consider UB Law. A prompt and effective response to the current financial aid crisis is needed in order to arrest a downturn in the perceived quality of ÜB's Law School. The lack of funds and theserious problems in processing financial aid damage the quality of theLaw School's student body in several ways. Recruitment efforts are hampered by the perception that this Law School cannot effectively ensure that matriculants will receive sufficient financial aid in a timely manner. Law school advisors and undergraduate professors are reluctant to recommend UB Law as an option to their most promising students, particularly if the prospective student's financial resources are limited. Current law students and alumni express similar reservations to prospective students. Consequently, the pool of highly-qualified applicants to the Law School is reduced. But the problems persist for students who enroll at ÜB. Preoccupied with ongoing and serious financial aid problems, law students are unable to concentrate fully on their studies and, in turn, contribute to the educational process at ÜB. For some students, this erodes the attraction of studying law here and may lead to increased rates of transfer and attrition. In fact, such forces for attrition are already underway as UB law students indicated in their responses to the Student Bar Association's financial aid committee proposals. (See Appendix A.) It is clear that some of our best students are ready (and able) to transfer to other law schools because the "cost" of inadequate and delayed financial aid at UB outweighs the benefits of continued study here. Students expressed a willingness to go into debt at other law schools which offer loan for forgiveness programs alumni who practice public interest law. Other students found the amount of support available at other law schools far exceeded loans, scholarships, and grants offered by ÜB. Still other students, who had turned down financial aid offers from other law schools in order to study at ÜB, are renegotiating financial aid packages with those schools in anticipation of transferring. Besides cutting into our pool of most qualified students, financial aid problems undermine our efforts to recruit and retain minority, older, and outof-state students. Ironically, this dilemma arises at a time when Dean Filvaroff has renewed ÜB's commitment to public interest law a goal which initially attracted a fair number of highly-qualified, minority, older and out-of-state students to the Law School. Now isthetimeto remedy the financial aid problems. Demographic trends suggest that the Law School cannot dally in correcting this grave problem. The competition for a shrinking pool of well-qualified law students is fierce. Other law schools know this and have assembled attractive financial aid packages which they deliver to their students. UB must do the same. — The Necessity of a Financial Aid Administrator The availability of financial aid for any given year is often a function of political and budgetary decisions made in Albany and Washington, D.C. As students have come to know, most changes seemingly have resulted in more forms, procedures, and delays for obtaining aid. In short, the aid process has been characterized by great complexity, bureaucracy, and frustration. The talents of a law school financial aid administrator are vitally important to students as they make their way through the aid process. By necessity, such an administrator must be knowledgeable about aid changes so that students can make their way through the process efficiently. This also requires good communication between the administrator to the students. As aid sources diminish, new sources must be found. An able administrator must be resourceful in finding new aid sources, and yet be creative in developing new programs which provide students greater financial security. The administrator must be able to identify and procure funding from foundations, alumni and members of the legal community. This would require a solid background in grantmanship and fund-raising as well as an ability to work cooperatively with alumni coordinators and other administrators in soliciting gifts. Currently, ÜB's Law School lags far behind other law schools in procuring grants and in alumni support. We recommend that the Dean and the financial aid administrator identify financial aid components which could be supported by grants from foundations and oversee the process of procuring those grants. In addition, alumni campaigns can be launched to raise both "merit" and "need-based" scholarships. As the Law School improves its record on financial aid, future alumni might be far more generous in their giving. Finally, the financial aid administrator would channel funds from the legal community aid from governmental sources to law school students. Funds for scholarships would be solicited from local bar associations. In addition, this administrator must realize the value of communicating with decisionmakers in Albany and Washington to ensure UB students get their fair share of aid. But closer to ÜB, there is a severe lack of cooperation between the Main Street Financial Aid and Student Accounts Office and the Law School. Law School students expressed extreme irritation about being caught in the middle of this battle. Several students reported that financial aid officers at the Main Street office said that they did not want to be involved in the complexities of administering financial aid to law students. Bill Hart reported problems in gaining the cooperation of the Main Street office. The Dean must not only ensure a truce but a permanent solution to thisadministrative difficulty. A pervasive feeling exists among UB law students that any mention of their financial aid problems to Law School administrators will only injure them. This attitude arises from the unwillingness of financial aid administrators throughout the University to lend assistance and from the utter lack of an appeal process to deal with administrative abuses. In addition, several students have reported threats of retaliation from Law School administrators dealing with financial aid. The financial aid job is too important to continue its underresourced status. Furthermore, it is unrealistic and unfair to burden students in quasi-administrative capacities with the responsibility of administering financial aid. This job requires an attention and commitment level that only a full-time, professional financial aid administrator can provide. Financial aid must be given a higher priority by the Law School and the Unicontinued on page 10 �Survey Distributed on Loan Forgiveness Program by Karen Comstock By the time this article is printed, everyone will have received a memo from me which included a fact sheet on loan forgiveness programs and a survey designed to collect the information needed to get the ball rolling to implement a loan forgiveness program at ÜB. The results of the survey will be used to put together a proposal that will be submitted to Dean Filvaroff. Just saying, "Hey, we want a loan forgiveness program" is not enough. The first step to making loan forgiveness a reality is determining student interest, level of debt burden and level of participation. So please read over the fact sheet carefully and take five minutes to fill out the survey. It's a small effort, but one that could bring a great reward! What is loan forgiveness? A loan forgiveness program assists graduates accepting low-paying work in the public interest sector in repaying their educational debts. The public interest sector is usually defined as employment with nonprofit organizations and the government. Loan forgiveness works in two phases. In the first phase, the graduate in eligible employment is provided with loans for the amount by which his or her annual loan obligation exceeds a stated percentage ofhis or her income. In the second phase, if the graduate remains in qualifying employment for a given number of years, then his or her entire loan is forgiven. The graduate's remaining payments (still owed to lenders) are also paid by the program. If, however, the graduate leaves eligible employment before the designated number of years has passed, then he or she must repay a specific per- centage of his or her program loan. Thus, the longer the graduate remains in eligible employment, the less he or she repays, until finally the entire program loan is forgiven. Why loan forgiveness? Tuition is skyrocketing and the cost of living is rising steadily. These factors are causing dramatic increases in the educational debts shouldered by law students, and this debt burden is increasing for each successive graduating class. Unfortunately, salaries for public sector/public interest jobs cannot compete with this escalating debt burden. High debts combined with low salaries are forcing too many students to make their career choices solely on the basis of financial necessity. A loan forgiveness program would make employment in the public interest a realistic possibility for the graduate with a Historical Overview of Grades by Damon Scrota Law school grades traditionally stimulate many hours of heated discussion among law students. An ongoing controversy in this area contrasts competitive personalities against those who feel hierarchical rankings entail a loss of individuality. An examination ofSUNY at Buffalo law school's ever evolving grading system provides valuable insights into this difficult subject. The University of Buffalo law school's original grading system ranked student performances with percentages. Each correspercentage range ponded with letter grades as follows: 59 to 64% F, 65 to 69% D, 70 to 75% C, 76 to 81% B, 82 to 90% A. This system's competitiveness induced large amounts of stress that many considered counterproductive. Many years passed before the seeds of change took root in the foundations of the law school. The University of Buffalo's merger with the State University of New York on August 31, 1962heralded thecreation of an enormously diverse student body. Increasing enrollment forced a drastic metamorphosis upon both faculty and students. Frank C. Moore, chairman of the SUNY Board of Trustees in 1962, expressed concern over this development when he stressed that "the first goal of the law school should be excellence of education rather than enlargement of enrollment." (The Opinion, December, 1962, pg. D. A combination of diversity and student malaise assisted the formation of an Ad Hoc Student/Faculty committee in November of 1968. The committee planned to review perceived inequities in the law school's grading and probation (The system Opinion, November 1968, pg. 2). No significant action on these issues emerged until a group of first year students developed a list of reform proposals in April of 1969. These students proposed the measures: following the abolishment ofnumerical grading for the purpose of rank, the implementation of a quartile ranking system, anonymous exam taking and a switch to a — — — — — Fail (F), Pass (P), High Pass (HP), Honors (H) and Distinction (D + ) system (The Opinion, April, 1969, pgs. 2-4). These individuals felt this system would increase a student's incentive to participate in classroom discussion. Critics of these proposals contended the promotion of excessive and irrelevant classroom discussion would turn law school into a personality contest. They also pointed out the proposal's heavy reliance on a professor's objectivity and on relatively small class size (The Opinion, April, 1969, pgs. 2-4). The numerical ranking system expired during the last minutes of a decade when the law school implemented a new grading system on Friday, December 19, 1969. The switch to an Unsatisfactory (U), Qualified (Q), and Honors (H) grading terminology received an overwhelming student ratification when 286 out of 370 students voted in favor of it in a referendum. A grandfather clause made these reforms inapplicable to present juniors and seniors. However, a student could only graduate if he or she received the number of satisfactory credit hours required by the New York State Court of Appeals. (The Opinion, December, 19, 1969, pgs. 1-4). Many criticisms were leveled at this new system. The main argument opposing it maintained that it did not control for many other appropriate variables such as the type of elective courses that the student chose to take, the grading habits of professors, and superior performance in legal writing classes and in extra-curricujar activities. Its main negative drawback, according to critics, appeared to be a shift in the burdens of evaluation from faculty to employers. (The Opinion, December 19, 1969, pgs. 4-6). The new system was not loved by all. An article by Bill McTiernan in October of 1970 noted that good students who traditionally fell just short of the excellent range felt that there was something wrong with the new system if the Q range grouped above average, aver- age and below average law students into one category. McTiernan also proceeded to point out that many others approved of the system because it reduced stress, allowed faculty members to insert letters into a student's file if he or she received a borderline H-Q grade, and encouraged employers change to their methods of evaluating law school graduates. (The Opinion, October 30, 1970, pg. 2). The alteration of the grading system initially resulted in a great deal of confusion. The development of a hybrid H*, H, Q, D, U provoked the comment that "while some professors awarded HD's (Ht's) as they would A's, others took it to be a rare animal to be awarded to a brilliant student once in two years. Likewise, the H was considered by someto show'better than mediocre' work while others considered it to be a mark of high achievement." (The Opinion, December 16, 1971, pgt. 2). At one point, the New York Court of Appeals even refused to certify a number of SUNY at Buffalo law graduates because of confusion overthe meaning of an Unsatisfactory (U) grade. The sentiment for a more conventional system remained vocal until April of 1972 when law school administration officials announced that "Juris Doctor requirements will match those for certification for the bar." (The Opinion, April 20, 1972, pg. 3). The system at this point switched to an HD/Ht, H, Q, D, F/U format. Further refinement resulted in an HD, Q, D, F system by the spring of 1973. (The Opinion, September 20, 1973, pg. 7). Protest colored the start of the Spring 1974 semester as first year students vehemently opposed "a December 5, 1973 faculty decision to revise the grading system, changing it from a four tier to a five tier structure ." (The Opinion, January 9, 1974, pg. 1). A Student Bar Association endorsed freshman referendum resulted in a four tier ranking system. However many upperclassmen faced with the approaching realities of the job market preferred a five tier system. (The Opinion, March 12,1974,pg. 1). .. continued on page 14 strong commitment to public service. Who is eligible for loan forgiveness? We will be modeling our proposal on the provisions of loan forgiveness programs already in effect. (The law school has a self-interest in implementing a loan forgiveness program. The program will attract a more diverse student body, thereby making the law school more competitive with all schools, and in particular with those law schools that currently have loan forgiveness programs: University of Chicago, Columbia, Cornell, Georgetown, Harvard, Michigan, Northwestern, New York University, University of Southern California, Stanford, University of Virginia and Yale.) The following summary will give you an idea of the specific eligibility requirements usually in effect to qualify for loan forgiveness: (1) Eligible Graduates: Most loan forgiveness programs are open to graduates in attendance at the time the program was first implemented, and all successive classes. (2) Eligible Employment: In the vast majority of currently existing programs, the graduate's employment must be full time, law related, public interest (usually non-profit and government) work. (3) Eligible Income: Each program has a maximum income level which the graduate's salary cannot exceed in order to remain in the program. The maximum income level is generally around $30,000. In a loan forgiveness program, qualifying graduates are expected to apply a specified percentage of their earnings to their annual obligations for educational loan repayments, and the program lends the graduate the amount needed for the remainder of these obligations. The closer the participant is to the maximum income level (e.g., $30,000), the more he or she is expected to contribute to his or her loan payments. If the graduate works in qualifying employment for a specified period, his or her program loan is forgiven in whole or in part, depending on the length of time employed. What can I do to help? The first thing you can do to help is take five minutes to fill out the attached survey, and place it in the box marked "Loan Forgiveness Survey Responses" in the mailroom. The bottom line question to answer in order to successfully implement a loan forgiveness program is "how much will it cost?" While the answer to that depends upon many variables, not all of which can be pinpointed in advance, the information gathered on the survey will help to come up with a ballpark figure that will help to formulate a strategy to overcome the biggest hurdle of all —funding. I will leave the survey response box in the mailroom for a week. That should give everyone plenty of time to respond. If you are interested in lending a hand at any point during the loan forgiveness program campaign, indicate this in the "Comments" section of the survey. New Faculty Appointments Candidates Interviewed by Damon Scrota The Faculty Appointments committee continued interviewing candidates last week while two previously interviewed candidates accepted offers from the committee. Minority candidates Rory Snowarrow Fausett (Native American) and Muhammad Kenyatta (Black) met with faculty and students soon after it was announced that Lucinda Finley and Peter Pitegoff were hired. Lucinda Finley, former associate professor of Law at Yale, graduated from Columbia University School of Law with a Juris Doctor degree in 1980. She was articles editor for Columbia Law Review and received both the Samuel Rosenman Prize for Academic Excellence and Public Service and the Emil Schlesinger Labor Law Prize. Her most recent prior employment includes working as an attorney for the Washington, D.C. firm of Shea and Gardner and as a law clerk for a judge on the U.S. Court of Appeals. She is currently involved in two research grants: one from the Rockefeller Foundation to study gender and professional socialization and the other from the National Institute for dispute resolution in prospects or alternatives to litigation of toxic tort disputes. Ms. Finley's teaching areas will most likely include labor relations, employment law, toxic torts, and feminist legal theory. Hopefully, she should be able to join us by the fall 1988 semester. Peter Pitegoff, currently in practice in Massachusetts with two attorneys, received his Juris Doctor from New York University School of Law in 1981. He has worked as a community organizer with such organizations as the Citizens Action League in Oakland and the National Association for the Southern Poor. He comes from a law school that is a leading national center in the area of local, state and federal intergovernmental relations. Mr. Pitegoff was hired to teach a clinic position in nonlitigation legal work; all current clinics at the law school deal with some aspect of litigation. The clinic will most likely focus on some aspect of economic development in Western New York and may also include a small-business planning component. Rory Snowarrow Fausett received an M.S. in fibre and polymer chemistry from the University ofWisconsin in 1973 and a J.D. from the University of Wisconsin Law School in 1986. He served as a battlefield platoon company commander in Vietnam and was awarded continued on page 15 February 17, 1988 The Opinion 3 �Higher New York State Drinking Age Is Defended by Jeff Markello On January 18, 1988 I changed my mind. I had always thought that a legal drinking age of 21 was some kind of infringement on my individual civil rights. Now I've come to understand that it's all a matter of whosecivil rights you're talking about. We've all said or at least "Hey, I'm old heard it before enough to be drafted to fight, let me drink." Is there any logic to this at all? I think not. The statistics are clear. Those states that have raised their legal drinking age to 21 have decreased the incidents of DWI and other drinking-related accidents dramatically. Studies show that those people under 21 are very high risk candidates for alcohol-related problems as well as accidents in general just ask your car insurance agency. The argument continues with, "Don't let a few bad apples ruin it for the rest of us." The reality is that the few bad apples in the bushel carry with them too much potential damage. The body of a 19-year-old male is typically full grown with powerful muscles. At the same time, his mind is still undergoing transformations, developing, and learning as he continues his search for an identity and niche in our social struc- .. .. ture. I hate to refer to someone under 21 as a mental midget, but unfortunately I'm afraidthat thereare some who still haven't learned social skills necessary to get along with others without imposing a physical element or a threat of violence. Well, here's my concern. Buffalo is New York State's second largest city and unfortunately the drinking age is one very important New York Statute that is totally ineffective in Erie and Niagara Counties. As residents of these counties, we do not enjoy the potential benefits associated with an increased drinking age forthe sole reason that Ontario is only a $.50 toll away. The legal drinking age in Canada is still 19. Some think that a lower drinking age is the answer to alcohol abuse because it would allow more teen-agers to experience drinking in a family setting which would lessen the aura so often associated with alcohol by our younger counterparts. Those who subscribe to this point of view will often point to the European nations and note the more relaxed mentality thatalcohol isapproached with by their teen-agers. Well, I no longer buy that argument and have adopted a more cynical approach to the maturity of USA teen-agers. There would have to be broad sweeping cultural changes before we could start to align our attitudes and behaviors with those from Europe. I don't mean to generalize across the entire American population under the age of 21 because I think this group includes plenty of good people with the maturity and self-control to drink a few social beers and have fun. Most of us are fully capable of handling our beer and enjoying good company in a civil manner. Unfortunately, it only takes a few who let their beer handle them and use this as an excuse to release some anger and hostility on others (friends and strangers alike). The real issue involved here for those under 21 is not whether you can handle yourself at a bar, but rather the fact that you cannot handle the rest of the strangers who are also sharing the same atmosphere. People tend to frequent bars in which they can find others like themselves. As most students know, bars in Fort Erie specialize in crowds under the age of 21. Do you really want to be jammed in a bar with a crowd of complete strangers? Who are these other customers? How mature are they? How much have they been drinking? Might they have antisocial or violent predisposi- t tions? Can you trust them if your back is turned?Your safest answer is always to expect the worst from the other guy. Remember driver education class? Howabout theBoy Scout motto "Be Prepared." Take it seriously if you're in a crowd with any unpredictable individuals. Unfortunately, my cousin and his family learned these answers the hard way,the hardest way of all. On January 18, my twenty-year-old cousin, Scott Hammond, died because he didn't anticipate the dangerousness of a drunk stranger. Seventeen hours prior to his death, Scott and some buddies were leaving a bar in Fort Erie, Ontario. It wasn't his fault that there were a few of the "bad apples" left out the door right behind them.Thefacts are simple. Scott was a large athlete with excellent coordination. Because he failed to even attempt to break his fall in any way, one can infer that he was totally unsuspecting of foul play. Scott was hit in the jaw by a stranger's fist. He fell to the pavement without cushion to his head. He suffered massive head and brain injuries that would ultimately take his life. He had had hardly anything to drink, in fact doctors claim that the amount of alcohol in his blood was not even measurable. His assailant was totally unprovoked, and got away. continuedon page 15 \ . What is the only essay writing course for the New York Bar Exam taught by an attorney formerly w associated with the State Board of Law Examiners? A V 0 The HBJ Essay Advantage,™ taught by PROFESSOR LEONARD LAKIN. For more information, contact The HBJ Essay Advantage,™ 415 Seventh Avenue, Suite 62 New York, NY 10001 (212) 695-2439. 4 The Opinion February 17, 1988 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: Isn't that what a Bar Review Course is all about? PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. 90 willis avenue, mineola, new york 11520 (516) 747-4311 The Bar Course That Cares. phone: February 17, 1988 The Opinion 5 �Law Review Selection Process Deemed Undemocratic by John J. Bonazzi It is time for the people on the sixth floor to reassess the process by which students are selected for membership to the Buffalo Law Review. In fact, what I propose is that people no longer be selected; that they instead by given the opportunity to decide if it is something they wish to do. In short, it is time to make the Law Review a democracy. Presently, students are offered associateships based on their grades and a writing competition, or their paper alone. There are a number of problems with this. First and foremost, the factor most responsible for membership— grades —is an unreliable one at best. As was stated in the last edition of The Opinion, grades are based on exams, and do not accurately reflect the true measure of a accomplishment. student's That they are used as a basis of selection is illogical and unfair. Secondly, the writing competition held is a poor means of selecting a person for such a scholarly enterprise. The requirements of Law Review entail sophisticated analyses of issues and high-quality, in-depth writing. However, what the writing competition demands is lowquality journalism with an overreaching emphasis on getting your "product" to not exceed eight pages. Who can write something meaningful in eight wide-margined pages? The result is a "competition" to see who can cram the most material onto the footnote pages. Despite the difficulty in writing a truly good paper, the grades-and-paper analysis of students is the one used to determine who makes it and who doesn't. This is unfortunate, as many students with great scholarly, analytic, and writing abilities, but with only average grades, are denied the opportunity to take part in the only scholarly activity in the law school. The solution is to open up the Law Review, what one student called "the last bastion of elitism at ÜB." Anyone desiring to participate in this scholarly undertaking, and willing to do the required work, would be eligible for membership. The membership would elect the editors. Students then could elect to take part in this worthwhile endeavor or put their time into another activity, such as a parttime job or volunteer clerkship. The present system is one which fosters elitist snobbery and, more importantly, closes the Law Review off to the vast majority of UB law students. As part of the law school, it should be open to all who desire to make it an important part of their legal education. Let me make it crystal clear that the snobbery I refer to is systemic and not personal. I feel that most law reviewers are not only bright students, but good people as well. These fine students should not be faulted for the present system; although they are part of it, they did not create it. Yet, it is troubling that these students with the power to on their own are the ones who stand to gain most by retaining it. We must hope they will put what's best for the entire law school before what's best for them and their resumes. Law Review should be more than resume fodder. If they do not consent to this willingly, then students should demand thatthe administration and/or SBA change this policy for them, so that all students wishing to develop their writing and editing skills and enhance their legal education may do so. Inability to take a test or put enough footnotes on a page should not render one ineligible for participating in a valuable educational exercise which deserves to be a part of the law school experience for all students. Substance Abuse Certification in NYS The New York State Division of Substance Abuse Services (DSAS) today announced the formation of a Certification Advisory Board to recommend policy and action on the development of a certification process for substance abuse counselors in New York State. An estimated 2,000 professional substance abuse counselors are currently employed by State-funded and proprietary substance abuse treatment programs in New York State. While no formal State certification has yet been developed for these therapists, New York State has set minimal staffing qualifications for professional counselors. Under the new Certification Advisory Board, New York State will begin the necessary steps to develop and implement a formal certification for these professionals. DSAS Director Julio A. Martinez said, "We are pleased that we will be working closely with a group of New York State's most knowledgable and innovative leaders in the human services field on this important project. It is our expectation that in establishing a professional certification system, sub- stance abuse counselors will achieve wider recognition and acknowledgment of the vital and often life-saving services they provide." Martinez emphasized that the certification system should be flexible, taking into account the diverse backgrounds of personnel in the substance abusefield. "It should also be in line with certification systems in other states to ensure reciprocity and enhance career mobility for certified substance abuse counselors," he added. Substance abuse counselors provide a variety of services in- cluding individual, group and family therapy to individuals who enter treatment for substance abuse and/or substance dependence. Individuals may be treated in a drug-free outpatient, day service or residential setting, or in a methadone maintenance or methadone-toabstinence program. _. Members invited by Director Martinez to participate on the Certification Advisory Board represent a diversity of organizations and disciplines including educational institutions, mental health agencies, professional licensing organizations, methadone maintenance treat- MHlJß*ii"fci,... ,:> y Ik change this sad policy ment programs, drug-free outpatient and residential service providers; and community service agencies. The Certification Advisory Board will be charged with: reviewing issues and research findings related to substance abuse counselor certifi- — cation; — developing a framework for a certification system, consistent with the guidelines developed by the Certification Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc., a national organization of state certification authorities; and developing plans for and implementing a competencybased certification system that recognizes the accomplishments of personnel in the substance abuse field and sets and maintains standards for quality assurance. The Division anticipates that the substance abuse counselor certification system will be functional within eight to twelve months after the first meeting of the Certification Advisory Board on February 22, 1988. New York State Senator Guy Velella and New York State Assemblyman Eliot Engel will serve as co-chairs of the Certification Advisory Board. — ' \?fWlcSk "•! The Marine Corps Officer Selection Team will be on campus TUESDAY, FEBRUARY 23 in the Career Development Office to conduct interviews. If you would like to arrange for an interview, or would like more information, see Ms. Audrey Koscielniak in the Career Development Office or call us toll-free at 1-800-367-8762. The 6 Opinion February 17, 1988 �OpMTinahiolbeox . Recent Faculty Statement Is Seen By Some As Intolerant Tolerance, by definition, embodies respect for ideas and statements one has a tendency to find objectionable. It does not necessarily entail acceptance, but simply enough respect to allow oneself to exercise the restraint necessary to refrain from attempting to excise the viewpoints of others from public discourse. That the faculty of this law school would unanimously endorse a "regulation" with the express intent of chilling to the point of non-existence certain forms of speech under the guise of "tolerance," is at best misguided; we view it as an outrage. With this in mind, we endorse and submit (with his approval) the following analysis of the faculty "Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment" by Thomas L. Jipping for the consideration of students and faculty alike. Kenneth D. Neeves, Third-Year Law Student James P. McClusky, Third-Year Law Student On October 2, 1987, the SUNY-Buffalo Faculty of Law and Jurisprudence unanimously passed a "Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment." The statement condemns "acts of harassment, intimidation, and assault" and states unequivocally the faculty's commitment "to take strong and immediate steps against any and all such behavior." It would seem, as the statement's title suggests, that prohibiting such harassment would serve to enhance intellectual freedom and tolerance. Unfortunately, the statement contains much more. Beyond stating the faculty's commitment to end unacceptable forms of conduct, the statement also declares the faculty's equally strong commitment to end unacceptable speech. This section of the statement should make all persons protective of First' Amendment values male and female, liberal and conservative swiftly and openly reject it. This section states that "it — — . that should be understood racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty, wherever and howeverthey occur." This intellectual litmus test exists because of the "responsibility to promote equality and justice" that law students assume when entering a law school, a responsibility that serves to temper "each student's absolute right to liberty of speech." Aside from the question of how an absolute right can be tempered in the first place, this statement begs several questions. The first is who will apply the litmus test, who will monitor the content of their col- leagues' speech. Since speech which goes awry will receive the faculty's condemnation, the fine print suggests thatthe faculty's judgment will ultimately decide which remarks are forbidden. Will a student's report to a fac- ulty member of hearing a potentially insensitive statement be sufficient? The Opinion piece of December 1,1987, was actually an editorial masquerading as news. Did you catch this part: "The faculty statement should be applauded and embraced by every student who believes in equality and decency"? Nevertheless, it did point out the ambiguity of this litmus test's mechanics of application. The second question is what definitions this litmus test will contain. All the faculty statement lists is labels which, when applied, will result in faculty condemnation. It seems to assume that these labels have self-evident, not to say self-contained, meanings. They do not. Such labels signalling punitive sanctions used to be considered, in the absence of any definitions or guidelines, overbroad. The third question is where the faculty will apply this openended, arbitrary litmus test. Actually, the statement provides some guidance here. It says the litmus test will operate "wherever and however" the offend- Which bar review really lays down the law? i 1 —i^" i I Bar reviews that provide "outlines." L_l Kaplan-SMH Bar Review Services which provides you with full narrative texts for all ofthe subjects you will see on your bar exam. ing remarks are made. The hallway? Norton cafeteria? The classroom? A student organization meeting? The statement is quite clear anywhere. The Opinion piece quotes Professor Charles Carr's clear emphasis on the classroom as a prime location for the attitudirxal censor to operate. He would go beyond the wide range of prohibited speech in the faculty statement and oppose even "a statement that shows some kind of insensitivity." What kind? How insensitive? Measured by whose sensitiveness? Fourth, against whom is the litmus test directed? Students only? Will the faculty enforce this statement on themselves? Can they be trusted to do so? Does their speech pass the litmus test by definition? It might seem so since the Opinion piece quotes Professor Isabel Marcus's explanation that "something had to be said to the students." Nevertheless, I remember clear statements "based on prejudice and group stereotype" by professors against persons from certain geographical locations, members of certain religious groups, and the like. Apparently these statements are not on thechecklist. The statement has a catch-all, in-case-we-missed-anything phrase, "as well as other remarks based on prejudice and group stereotype," to prevent any stray comments from slipping by the censors. Webster's defines "prejudice" as "an opinion, judgment, or evaluation based on what seems valid to one's own mind." What comments, remarks, or other speech by anyone is anything but based on prejudice so defined? Is it the purpose of thisfaculty statement to force some individuals, in some situations, to express opinions or judgments based on what seems invalid to their mind (but perhaps valid to the faculty's)? Or does the faculty statement really mean the other part of Webster's definition: "a bias against a race, creed, group, or the like"? There is no way to tell whether the faculty statement in fact utilizes this more politicallyspecific definition. This is but another example of labeling without definition. Here we have it, ladies and gentlemen: a remark made by a student in class whether sincerely believed, used as rhetoric, or with a particular meaning in mind (the statement does not allow for any such distinctions) considered by the professor to be based on prejudice using whatever definition of that term and applied with whatever criteria will be swiftly and openly condemned. Can anyone doubt that this scenario should be included in Black's Law Dictionary as an example of the "chilling effect"? Can anyone doubt how such a hypothetical should be treated on a Con Law II exam? Can anyone doubt that such a situation could become reality under this faculty policy? This section of the faculty statement is an open-ended, content-based mechanism for the suppression of views and statements deemed inappro- — .. — — Ask The Right Questions, Get The Right Answers* David Fretz Krista Hughes Leslie Gleisner Deborah Morel - Peter Ryan FlintlM JtXI CMU (l|V\n /\I\~3JVIH L V IBAR REVIEW SERVICES Ek ©1987 Kaplan-SMH Bill Hair Michael Lamica — — Greg Maxwell Lisa Sizeland I See your Campus Rep, or call: BUFFALO AREA Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Nia9ara Falls Blvd. Tonawanda, New York 14150 (716) 837-8022 continued onpage 14 February 17, 1988 The Opinion 7 �The Opinion Mailbox OPINION $S" STATE UNIVERSITYOF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 9 February 17, 1988 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, James McClusky, Pat Miceli, Kenneth Neeves, Alexei Schacht, Damon Scrota, John Williams. Contributors: Maria Doti, lan Fitzpatrick, Shawn Griffin, Thomas Jipping, Frank Loss, Jeff Markello, Lisa Morowitz, Suzanne Unger. S Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. Editorial "We Have To Start Somewhere" As noted in this issue's Guild Perspectives column, Governor Cuomo's Executive Order 28 prohibits state agencies from discriminating on the basis of sexual orientation, and a SUNY Board of Trustees resolution demands "fair treatment" of students and employees on SUNY campuses. Both of these policies, as author Morowitz points out, should support the adoption of a non-discrimination policy by the law school's Career Development Office and to a prohibition of on-campus recruitment by the Judge Advocate General Corps of the U.S. Armed Forces, which openly discriminates against homosexuals. The law student body has been fighting the presence of JAG on campus for several semesters in an effort to help bring an end to sexual-preference-based discrimination. It is important now that the student body stand behind policies which promote non-discrimination and express strong disapproval for the unfair practices which the CDO will allow to take place. Such discrimination is an unfortunately widespread problem and is not confined to the practices of the JAG Corps. Blatant, although not physically violent, attacks on homosexuals within this student body took place a year ago and the scars from those attacks are still visible. In an effort to assure that this kind of revolting inhumanity does not take place again, the law school faculty drafted its "Statement on Intellectual Freedom, Tolerance and Prohibited Harassment" which the above resolutions would tend to support, but which has come under some criticism in this issue of The Opinion. As with any formal resolution which addresses sensitive issues, there are problems with the faculty statement. However, it must be kept in mind that its purpose was not to stifle intellectual debate nor to prohibit the intelligent, responsible expression of opinions which, though sincerely felt, are not especially popular. The statement was drafted in response to a situation which was clearly problematic and extremely dangerous. Certain points of view and certain ways of life were being denounced, not by an expression of differing opinions, but by anonymous, angry and hurtful attacks. Differences of opinion expressed both inside and outside the classroom can be and are constructive means by which we can become better educated. Racist, sexist, homophobic, ageist and ethnically derogatory attacks in any form can only lead to destruction and pain. The faculty has attempted to draw some lines, a process which is inevitably fraught with difficulties. But putting an end to bigotry and discrimination has to begin somewhere, and the positive, constructive aspects of the faculty statement must not be overshadowed by its perceived shortcomings. 8 The Opinion February 17, 1988 from page 7 Faculty Statement Unconstitutional? by Frank Loss Last semester the law school faculty unanimously adopted a Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment. The statement was issued in response to incidents harassment and involving threats against gay students and feminist women on this campus. The faculty felt it necessary to officially condemn such conduct and to issue a warning that those responsible would be strictly disciplined. The statement also contained this troublesome passage. "By entering law school each student's absolute right to liberty of speech must also become tempered by the responsibility to promote equality and justice." Can equality and justice only be achieved by limiting student .. ... End Undergraduate Bashing To the Editor: This afternoon, I read with interest Derek Akiwumi's article on the "library crisis" (lions and tigers and undergrads, oh no!) before entering the law library to do some studying. Upon seating myself at a table on the second floor study area, I counted fifteen persons, all but one of whom I know to be a law student, responsibleforthedin. Across from me was an undergraduate quietly doing his math homework. My experience does not lead me to believe that this was an isolated incident of a few law students gone crazy, but rather that it is the norm. Perhaps rather than embarking on a crusade to eliminate those of a lower class (the non-degreed people) from our fiefdom, we as law students should first look to what we can do to make our own community a better community. In this way, we might be able to end the "crisis" without interfering with the primary mission of the State University of New York accessibility to educational services and facilities for all. Sincerely, Kenneth D. Neeves — Insensitivity Must Be Abated Dear Editor: There are many reasons why people choose to attend the University at Buffalo Law School. For myself, it was the commitment to social equality that I perceived to exist within the confines of this institution. But, as has become apparent to me in many areas, fiction can be separated from reality. The most glaring example of this exists with regard to those who are physically challenged. On the one hand, the Law School administration professes the great achievements that have occurred in the fight against discrimination. Yet, on the other hand, the administration has only paid lip service in providing those who are physically challenged with the same opportunities as those who are not. As a result, the physically challenged must also fight the bureaucracy in order to obtain the same education that is "allegedly" guaranteed to all within the United States. The most blatant example of this institution's nearsightedness exists within the architectural design of the first and second floor lecture halls. On the first floor only a sparse number of spaces in the last row are provided for those who need it. Since ramps are not provided, these students are often cut off from the rest of the class and may not even hear or see the lecture that surrounds them. The second floor lecture halls were designed just as poorly. These same students must sit below everyone else, as no desk space or ramps are provided. In effect, one must use his or her lap as a desk. Students encounter another obstacle when trying to enter or exit the building. Of all the entrances to O'Brian Hall, only the outer door of the southeast entrance is mechanically sensitized for those who require additional assistance. These specialized entrances are essential to people who are physically challenged, especially in a city when the days can be very windy and the entrances are often iced over. It can be very disheartening (not to mention frustrating) to have to waitfor someone else to walk by in order to gain access to the building. The last of the problems I am chronicling exists for students as a whole, but particularly affects those who are visually impaired. To say that many of the printed materials we purchase are illegible would be an understatement. For those who are visually impaired, this presents a special problem as total concentration is crucial when reading the required materials. The insensitivity shown by many professors and staff is atypical of this institution as a whole. It takes very little to review one's supplementary materialsand recopythosethatare hard to read. If the original is in bad shape (a common excuse), many students would find it beneficial if the professor expended some energy and retyped it so that the whole class might benefit from the supplementary reading. These are but a few of the many problems that exist for those who are physically challenged. Indeed, there are many more, including restroom access, bus service, and the ticketing of handicapped vehicles. Much needs to be done to end what I perceive to be a glaring example of the inequity that still exists within our society. I ask only that the Law School and university administration expend some energy so that this problem may be solved as expeditiously as possible. The administration knows it's in violation of federal law, so what other incentive could it be waiting for in order to prevent a law- suit? Though I, and many others, would like to practice our skills, this should not be the issue nor the place where they are tested. The administration's blindness is curable. As many have overcome their physical disabilities in order to attend law school, let us hope that the administration opens its eyes and attempts to rectify a problem that must be dealt with. Christopher Reo Law Student speech? It worries me that our comfortably endorse this notion. I always thought it best to encourage, rather than temper, student expression and discussion. In the next sentence the faculty informs us exactly what kind of speech does not promote equality and justice and that they will decide when student speech should be tempered, stating "racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype will generate swift [and] open condemnation by the faculty, wherever and however they occur." This ambiguous statement provides little guidance to those studentswho might wish to "temper" their speech. Is it always clear when a statement is racist, sexist, homophobic or anti-lesbian? I asked a student, if during a Family Law class someone commented, "A lesbian parent should never be awarded child custody over a heterosexual parent because the gay lifestyle is immoral and impairs healthy mental, emotional and sexual development," would such a statement be considered "anti-lesbian" and therefore subject to "swift and open condemnation" by the Professor? He could not provide an answer and suggested that perhaps it was best not to say anything at all. Assuming that the above statement is "anti-lesbian," should it be condemned in a classroom setting? It is possible the student believed the statement to be true and perhaps it was made with malice. On the other hand, maybe the student knew it was a fallacy, but used the statement to engage other students in the discussion or to hear responses to such an argument. Should not the law school encourage such debate in class? Is it wise or even appropriate to allow the faculty the discretion to dispense "swift and open condemnation"? What would condemnation entail? Do we trust the faculty's judgment about when speech should be "tempered" and condemned? Should we? Would it not be more constructive to ask professors to lead a discussion the statement concerning rather than condemning it and risk increasing student apprehension about talking in class? I do not wish to minimize the seriousness of the harassment problem, nor the need for an effective policy to prevent harassment in the future. Students should be aware of the quoted passage, the questions it raises and whether it is the appropriate policy for this law school. Remember, the U.S. Supreme Court recently ruled that a high school could censor student newspaper articles which conflicted with the school's "educational purpose." Although it remains unclear whether this principle could be applied to institutions of higher education, what could happen if the new dean or a majority of the faculty felt a student rally or an editorial in The Opinion conflicted with the law school's duty to promote "equality" and faculty can .. "justice." . �Res Ipsa Loquitor . by Daniel Ibarrondo A Month Is Not Enough For Tribute To Black Americans ".. the color of the skin is in way connected with strength of the mind or intellectual powers ..." Benjamin Banneker (1796) no This month, February, the nation will be paying tribute to black scientists, inventors and pioneers. It's a shame that we only dedicate one month of the year to commemorate blacks who have contributed immensely to the foundation, growth and development of these United States. It's more of a shame that a vast amount of historical education in our public and private schools ignores the contributions that blacks have made to our society. This lack of education has created many myths which have permeated and continue to grow in the minds of our youth and adults. While this is not an opportune time to dispel some of these myths, for I trust that with a little curiosity and yearning for knowledge and understanding we can dispel these myths and prejudices on our own, it is a time to acknowledge blacks who have explored America and toiled in her land. As we drive our cars and cross the streets, we take for granted the everyday convenience and safety provided by the traffic light. Garrett A. Morgan (1875-1963) invented the automatic traffic signal which became the forerunner of the overhead and sidewalk traffic lights that we use each day. Mr. Morgan also saved the lives of many workers with the gas mask he invented when a tunnel being constructed under Lake Erie exploded. He was summoned, along with his brother, to save the trapped men. This mask also saved the lives of many of our soliders who fought in World War I. When we walk through our streets at night and marvel at the electric lights and the telephones on our corners, we can all thank Lewis Howard Latimer (1848-1928). Latimer was hired by Alexander Graham Bell to prepare blueprints for his new invention, the telephone. Latimer, a highly skilled draftsman, also improved the quality and life of the carbon filament used in the light bulb. This was probably his most important invention. He was able to bring electric lights to the streets of New York, office buildings and subways. Walking towards the supermarket we see those refrigerated trucks unloading the fruits and vegetables we love to eat throughout the year. Frederick McKinley Jones (1892-1961) invented the refrigerated truck, ship, railway car and airplane. He also invented the ticket dispensing machine used by movie houses and a special refrigeration unit that would keep blood serum fresh for transfu- sions and medicines. Benjamin Banneker (1731 1806) was a surveyor on the sixman team which helped design the blueprints for Washington, D.C. He selected the sitesforthe U.S. Capitol building, the Treasury building, the White House and numerous federal build- - ings. Andrew Jackson Beard (1849 -c.1921), invented the "Jenny" coupler used for securing railroad cars together. Many railroad men lost fingers, arms and hands before this invention. We cannot forget the contribution made not only to the citizens of the United States, but to the entire planet by Dr. Charles Richard Drew, inventor of the blood bank (plasma). Millions of lives have been saved thanks to the genius of this man. His invention continues to save the lives of our families and friends. Like all the other black inventors, history was not fair to Dr. Drew. Involved in a car accident in 1950, Dr. Drew died because he did not receive immediate medical attention following the accident. Discrimination at nearby whites-only hospitals did not allow him the blood transfusion needed to save his life. A directive from the War Department prohibited the mixing of blood from white donors with that of black donors. As we commemorate the contributions made by blacks, let's pray that we are given the foresight to remember that we are all citizens of this great nation. Hopefully, we will avoid participating in the blunders of history and expand on Dr. Drew's statement (following the War Deparment's directive) that "the blood of individual human beings may differ by blood groupings, but there is no scientific basis to indicate any difference in human blood from race to race." Guild Perspectives by Lisa Morowitz CDO Continues To Allow JAG Access To O'Brian Hall A letter was recently placed in the mailboxes ofall first- and second-year students inviting an inquiry into the possibility of joining the Judge Advocate General (JAG) program of the U.S. Armed Forces. In specifying the details of the program the letter left out one important point that we think is essential for you to be aware of before deciding whether to seek an interview with JAG. The Judge Advocate General Corps has a public policy of discriminating against lesbians and gay men. Their open policy of employment discrimination is not one that is supported by the student body at the U.B. Law School, the Board of Trustees of the State University of New York, or the Governor. In 1983, the Governor issued Executive Order 28 prohibiting all state agencies from discriminating on the basis of sexual orientation. That same year the SUNY Board of Trustees, following the precedent set by the Governor, passed resolution 83-216, mandating fair treatment for students and employees on SUNY campuses. Specifically, the resolution provided that personal attitudes, preferences or practices such as private expression or sexual orientation, should not be the basis of judgement oraction against students or employees. In addition, this week marks the one year anniversary of an SBA resolution calling for the Career Development Office to adopt a policy of non-discrimination on the basis of sexual orientation. Furthermore, at the beginning of this academic year, the UB law faculty issued a statement to students condemning all forms of racial, sexual, and sexual orientation harassment. To add even more fuel to the fire, on February 10 of this year, just several days ago, the U.S. Court of Appeals for the Ninth Circuit ruled the Army's ban on homosexuals as unconstitutional. The Federal Court of Appeals, in their decision, prohibited a branch of the armed services from excluding people on the basis of sexual orientation. The ruling was hailed as an important legal victory for homosexual rights and it is one which we strongly endorse. Unfortunately, as of today, the Career Development Office has not been compelled by the administration, or taken it upon itself, to comply with the Board of Trustee resolution, Executive Order 28 or the SBA resolution. The National Lawyers Guild is calling for the Career Development Office of the Law School to commit itself to a policy against discrimination in hiring practices, for the administration to ensure thatsuch a policy is implemented and enforced, and for each and every student here to support such a policy and personally comply with it by refusing to interview with JAG. Such a policy would be keeping directly in line with the recent developments in the Federal Court of Appeals. It should be noted that this call does nor involve any First Amendment, free speech violations. We are not attempting to eliminate the Armed Forces' right to speak here on this or any other issue. What we do want stopped is JAG's ability to utilize our monies, ourfacilities forrecruiting purposes. And in doing so 'we would not be the first school to implement such a policy. More than a dozen universities, including Harvard, Yale, Columbia and N.Y.U. have banned military recruiters from using placement facilities because of the military's refusal to comply with campus policies which prohibit discrimination on the basis of sexual orientation. The NLG has not yet formulated its exact plans regarding the February 23 visit ofJAG. We do plan on taking some form of action (be it direct or otherwise) on that day to express our disdain for their discriminatory policies. Any action taken on the 23rd will not end our campaign. We expect CDO to adopt a non-discriminatory policy by the end of this semester and will work toward achieving this end throughout the upcoming months. Until then your feedback is welcome, your assistance encouraged and your support necessary. The Buffalo Chapter of the National Lawyers Guild office is located in room 118, O'Brian Hall. SBA Briefs by John Williams Williams Blasts Voting Practices OfClass Directors The importance of being consistent! For the last three years, I have watched the SBA disregard policies and procedures as if we were not a collective group of future lawyers. Some may think that there is nothing wrong with this philosophy. I would almost agree with those who harbor that view, but the history of the past three years has persuaded me not to adhere to that philosophy. I've witnessed popular groups or causes that receive funding for certain events that were not in compliance with SBA guidelines. Groups that are not as popular have tried to get funding for events or projects using proper channels and have been rejected by the SBA. The point that this article is trying to emphasize is the importance of equal protection. "Equal protection" is a phrase that needn't be described for anyone reading this article. For those of you who don't know the exact meaning, you can at least grasp the concept. The SBA, in some instances, has chosen to disregard this concept. The question that I have been struggling with is why. Two conclusions come to mind: (1) SBA members see their roles as ones of popularity. Many members over the past years have found it more important to be popular with certain groups at the cost of being unfair to the student body. (2) People just don'tknow why they are on SBA. I think that it is important that we get back to the concept of equal protection. We can't go around changing the rules to suit the needs of clubs or individualsthat might deliver a person votes if that person were to run for office. If directors as well as officers don't administer rulemaking and decisions with the overall good of the entire student body, we have robbed our constituents as well as ourselves. The bottom line is that we are not elected to be popular but to be fair. If we forget why we are in SBA and what it's all about, it should be disbanded. One thing that has been clear to me over the last three years is a blatant disrespect for unpopular events, clubs, and individuals harbored by the voting members of the SBA. This disrespect is often reflected in the way the SBA votes and how it allocates its budget. If the student body is appalled by this article, make your class directors more responsible to needs of all interests, popular or not. The "Right" View! by Kenneth Neeves The Right To Keep And Bear Arms An Individual Right? The Second Amendment to the Constitution of the United States provides: "A well-regulated militia being necessary to the Security of a free State, the right of the people to keep and bear arms shall not be infringed." Since recent history includes a recurrent call for "gun control," the precise meaning of this fundamental guarantee deserves some consideration. Proponents of gun-control legislation often maintain that the Second Amendment ensures only that the individual States can maintain a militia; that it is intended to ensure the continuation of the "National Guard." This ignores both history and current reality. The Second Amendment was drafted by recent (17th and 18th Century) expatriates from the British Empire. During the 17th and 18th centuries, British history had seen recurrent legislation restricting the rights of individual own citizens to weapons and the confiscation of guns from Catholic citizens, who were seen as a threat to the state-supported church. On the western side of the Atlantic Ocean, recent history had seen an amalgamation of private weapon-owners band together to free themselves from what was seen as an oppressive monarchy to which they paid taxes but over which they had little or no influence. The colonial militia brought their guns from home. The current reality is that the National Guard cannot be considered a "militia." The National Guard is a quasi-federal February 17, 1988 continued on page 15 The Opinion 9 �Concerns versity .. . from page 2 administration. Appendix A Comments from SBA Suggestion Box: January 27-28, 1988 Financial Aid/ Loan Forgiveness — — "Financial aid there MUST be full-time, non student, financial aid coordinator." "The financial aid office is mass confusion. I don't think they know what they are doing." "I support the SBA's financial aid proposal. My financial aid was mishandled by Buffalo's financial aid staff every step of the way and I was accepted very early and filed very early! If the school's not committed to getting a professional for next year, I plan to transfer to a law school with better administrative and financial aid services." "Financial aid is not adequate in regard to loan processing time which is ridiculously extended." "A full-time financial aid advisor, for at least the first two months of the academic year, (sic) Full-time meaning one who works an eight-hour day." "Christmas was depressing. I went home and heard how well financial aid had been allocated to my friends at other law schools. I checked back with my undergraduate law school advisor and he had never heard of a law school botching financial aid so completely. First semester was crazy. Financial aid became my 6th course. This school put me and my family through an awful lot of grief. I'm hoping the new dean will really change things here. But he'll have to do it fast. Bill Hart can't handle all these problems. The deans last semester —Newhouse, Girth and Newell said it was none of their business. I hope the new dean realizes you're not going to keep good students this way." — — — — — — — — "The law school needs its own full-time financial aid officer, who has the time and the wherewithal to address the many foul-ups and difficulties of the aid process." "I do not feel that'loanforgiveness' is the way to address loan problems." "In my own case, my GSL/ SLS application was delayed by the university process; it was then lost in Albany, (and because there was no full-time aid director here to help me track it, it took too long to pinpoint the problem) and then my refund was returned to the bank by Student Accounts which means I have to reapply for the loan for 2nd semester tuition. The situation is reprehensible." "One student I know couldn't return to this school this semester mainly because of all thefinancialaid problems. Many of us have taken out additional loans because of the snags with processing the loans we're due. One attraction of this law school is its low tuition but when the financial aid doesn't work, the cost for students is just too high." "I would suggest that the SBA really push for a full-time financial aid person. I know many, many students here in the law school who have run into terrible incompetence. My friend, who left school this semesterforfinancial and other reasons, was told by Bill Hart in the summer, not to bother ap- — — — — — 10 plying for financial aid because she wouldn't get any. He later changed his position saying she could possibly qualifyfor a loan. Sheappliedfora loan,and when she went to get an emergency loan on that on Main St. campus, Isa Ortiz asked herwhy she hadn't applied for TAP. Turns out she was eligible for $700 TAP aid. Her forms have been endlessly fuddled and she has YET to receive her loan from her lending bank. End her story which she is no longer here to tell." "I qualified for a graduate tuition waiver that I have yet to see. In August I was told October. In October, November. In November, December. In December, January, and now on January 25 I am told I shall hear how much I will receive, and receive it on Feb. 1, 1988. Needless to say, I'm not holding my breath." "Someone also messed up my file putting me down for an ALAS loan through a lending institution that didn't make them.Thefinancial aid office kept telling me it was coming. It never did, and now (including the tuition waiver) I am over $1,200 short on my student budget for the year. I am destined to run out of $$for rent etc. sometime in March. I will either have to increase my work hours to 30 or so or reapply for another GSL (which will be very messy). Sorry to inundate you with such specific problems but it must be done for you to understandthescope and seriousness of this situation. For me it hasn't been really terrible like it has for some people. I've just been incredibly poor, frustrated and apprehensive." "There are just too many law students for one part-time student financial aid advisor to deal with competently. Mistakes are bound to be made and from what I've heard, BIG mistakes have already been made." "Come on SBA. Get on the ball, stop talking, and DO SOMETHING." "We need a full-timefinancial aid counselor who is available to meet our needsand who is familiar with loan application measures AND trouble-shooting techniques for when one encounters financial application difficulties. We need a counselor who knows answers andean make referrals. The current counselor was not able to answer any of my questions, resolve any of my problems or make any referrals as to whom I should contact. An International Education Counselor suggested I contact Tony Caito at Main Street, not the law school counselor." "I strongly favor loan forgiveness for people going into public interest law. I have borrowed $15K just for law school. I shudder to think of those who are also in debt for undergrad work. When can they do anything other than head for the money. They really have no choice." "Please do something about the financial aid situation here at the school. Bill Hart cannot answer questions, is very limited on time, and never gets back to you when he says he will. My whole aid package has had terrible problems. I hear it from everyone. We really need a real financial aid person. We have too many students and just Bill Hart. This, in my opinion, more than parking, is the best issue the SBA could work — — — — — — — The Opinion February 17, 1988 — on. This concerns almost all law students in one way or another. If we don't get the $$ to come here, and consequently can't come here we don't have to worry about parking our cars, do we???" "Problem: financial aid 1) Loan check mailed by bank 12/1/87 2) "Never received" by UB 3) I had to cancel check 4) I must wait for a form from bank; I must sign it, the school must sign it and send it back to the bank. 5) Bank "will" send a check. 6) I was told this would take a "couple of weeks." 7) I'm still waiting (1/25/88) 8) Bill says the problem happened to a lot of people. (Well 2 or 3 at least.) He is writing me a letter for the bursar." "Please let the dean know that law students are being hurt by the Main Street office." "Re: Financial aid for outof-state students I strongly believe that if a school, any school, wishes to spread its reputation it must attract a diverse student body such diversity includes geo- — — — — graphical diversity. Although UB is a relatively inexpensive law school, such a fact doesn't mean that the school should overlook the financial aid of its out-of-state students. For example, every year I qualifyfor the maximum TAP & SUSTA awards. However, if I wanted to take advantage of these programs I would be forced to become a N.Y. state resident. Furthermore, according to SUNY guidelines an out-of-state resident must wait at least a year before he/she can even begin the process of applying for residency. The challenge, as I see it, is to come up with programs to attract out-of-state students without forcing them to disclaim their hometown "roots." This means coming up with programs that would provide the funds that SUSTA & TAP provide for in-state students. Also don't forget that out-ofstate students pay at least $1,000 more a semester in tuition." — "I did not experience an actual delay in having my applications for student loans processed nor was my check late enough to cause me financial difficulty. However, I feel that this was due to my own ability to figure out what to do to apply for these loans, and not due to any actual assistance I received from the financial aid officer at UB Law School." "I received a number of statements of advice from Bill Hart which I can only describe as misinformation. In particular, he was wrong in his statements to me about what types and what amounts of financial aid I would be eligible for based upon my income for 1986. He was unaware of the correct cutoff after which students with certain amounts of income would no longer be eligible for TAP or SUSTA awards. This would seem to me to be one of the most basic pieces of information that a financial aid officer should know." "My feelings are that the nature of the position (as a student position with part-time hours hoursthat are not convenient to fellow students) will not serve the purpose that the law school may have in creating the position. It is not helpful to the law school body in general nor to individual students to have the most fundamental — — — position for financial aid filled by a student who changes every year. This position should be re-created to be filled by a non-student with a thorough knowledge offinancial aid who can create a schedule which is more convenient to students, and who can remain in the position from year to year. The present position as it stands is not fair to students and not fair to the person who must fill it." Registration by John Bonazzi INTRODUCTION We, the students at the SUNYAB Law School, feel that the present registration process is seriously flawed and in need of much attention by the law school administration. It is our position that the registration process warrants far more than a "retooling"; rather, a complete reworking of the present inadequate system is in order. While the registration went a bit smoother this semester, it was not without its problems. We seek to have these problems addressed by the appro-' priate parties on thethird floor. To that end, a list of these problems follows. AREAS OF CONCERN Spring Registration. It is not by coincidence that this issue is mentioned first. Registration for thefall semester must cease to be conducted during the summer months. There are a numberof problems associated with summer registration. Students woulud like to leave for the summer knowing in advance in what courses they are enrolled. This permits the student particularly the firstyear student to consult with upperclass students on course advisability and professor quality issues. Also, the student requires some direction for his or her summer work experience. Lastly, the inevitable last-minute "surprises" can then be worked out in an orderly, controlled manner quite unlike the present scenario where a few students must attempt to address serious problems while the rest of the school attempts to add/drop. — — — If registration for the fall semester were to, instead, be conducted two weeks prior to the end of classes (approximately the first week in April) then the registration forms could be processed during that time and student schedules made available prior to or during final exams. Students could then address any problems prior to leaving town for the summer, as opposed to thefirst day of classes when they return. This, at a minimum, must be changed. Preregistration. A & R should conduct a preregistration prior to the actual registration effort in order to assess the demand for classes and make course changes accordingly. Presently, there are far too many classes which are heavily oversubscribed. Great numbers of students are being shut-out of classes needlessly and having to enroll in classes which lack appeal and interest. Accurately anticipating this and making the appropriate efforts to accommodate the actual, rather than the perceived, needs of the students should go a long way in correcting the present unacceptable situation. Shut-outs. Presently, students who register for the allowable four classes and receive a schedule which lists less than four courses are not allowed to re-register. These students must attempt to add up to four courses just to get the number of classes everyone else already has. Of course, the potential to obtain even a marginally satisfactory schedule is virtually non-existent. There appears to be no valid reason why these students are so curtly refused the opportunity to be in the same position as their peers prior to the drop/add onslaught. This policy, too, must be corrected. The Drop/Add Process. The thrust of the problem here is that A& R simply has no real control over the registration process. None of the folks in A & R seem to have the information one would expect them to have. Prior to this semester, no one knew at anytime which courses were filled, how many persons were on waiting lists, etc. In fact, there were and still are —no waiting lists. This semester, there was a sheet posted at the end of some days detailing the status of each class. This modest beginning is quite welcome, but desperately needs to be expanded upon. There should be a system which allows for the actual status of each course to be available to students at any time. The most pressing problem in the whole registration process is that students hang on to courses far longer than necessary, due to their inability to get into the course(s) they actually want. Designing a system which gives the student as much information as possible is the most sensible solution to this, for thestudent would then be aware of the potential to add into a particular course. This knowledge renders it more likely that the student will then make a decision to drop or keep a particular course which, in turn, will free up courses for others, allowing them to drop other courses in order to add into available ones, etc. The key to such a system is accurate information. This will necessarily involve adding to the present system. We propose two means of doing this. First, the computer system should be expanded. More terminals would be a nice start. Also, more work-study students should be hired to work at these extra terminals. The present single line is simply inexcusable. — If fiscal limitations prevent A & R from acquiring additional terminals, even on a three-week "loaner" basis, we then propose that A & R work with the Student Bar Association in enlisting stsudent volunteers in setting up a table on which current, up-to-date course information would be displayed. The key here is that some process must be established which involves maintaining the accurate status of all courses at all times. There are more than enough students willing to volunteertheirtime in orderto end the present drop/add schizophrenia. Furthermore, if using the university registration system presents difficulties such as not allowing for a spring registracontinued on page 13 �Off The Court by Andrew Culbertson Bizarre Ritual Holds Powerless Students Spellbound Love it or hate it, you can't deny the utter preposterousness of professional wrestling. Those of you who happened to watch the Main Event on February 5, know exactly what I'm talking about. Professional wrestling hadn't been shown on prime time television in 33 years, and the powers that be in the WWF (World Wrestling Federation) wanted to give the audience something to remember. The highlight of the program was the match-up between WWF Heavyweight Champion Hulk Hogan (affectionately known as the "Hulkster"), and Andre the Giant, a man-mountain who stands at 75", and weighs 520 pounds. Although Hogan is a giant in his own right (6'B", 300 pounds), he seemed to be at an obvious disadvantage. True to his reputation, though, the "Hulkster," who has been champion for the past four years, came out strong. About ten minutes into the match it looked as if the champion would win. However, as Hogan pinned the Giant to the mat, the referee conveniently had his back turned and was unable to administer a three-count (which ends the match in favor of the pinner). About a minute later, Andre threw the "Hulkster" to the mat, and attempted to pin him. Although it appeared that Hogan managed to break the pin, the referee felt otherwise, and the championship changed hands for the first time in four years. This, however, was when the real fun began. Immediately following the decision, two referees were arguing in the ring. What was surprising was that they could have been twins. As it turned out, Andre's manager, Ted DiBiase, had replaced the scheduled referee, Dave Hebner, with an exact look-alike. Evidently, Dißiasehad bought off the lookalike referee to render a decision in favor of Andre. The two referees proceeded to fight, and the real Dave Hebner was thrown out of the ring by the impostor. At this point the "Hulkster," never a good loser, lifted the imposter over his head and hurled him at least 15 feet through the air. Conveniently he landed right on top of Dißiase. Bizarre, you say? Definitely. Unusual? Not really, considering that it happened in the WWF. By the way, for all the people who think professional wrestling is real, I hope thatthis brief scenario has convinced you otherwise. Since it isn't real, then, why watch it? This is a question that I've been asked on numerous occasions, but one that I have never given much consideration. However, for all the people who have asked themselves the same question, I've come up with three basic reasons. First of all, professional wrestling is a classic example of the on-going struggle between good and evil. Wrestlers in the WWF are grouped into two categories: good guys and bad guys. Notable "bad guys" include King Kong Bundy, the Honky Tonk Man, and Andre the Giant. Among the "good guys" are such stars as Hogan, Randy "Macho Man" Savage, and the Junk Yard Dog. As a rule, a "good guy" never fights a "good guy," and a "bad guy" never fights a "bad guy," although it's common for a wrestler to start off as a "bad guy" and become a "good guy," and vice-versa. The "bad guys" are generally portrayed as despicable creatures, who chastise interviewers, insult the fans, and fight dirty. The "good guys," on the other hand, are made to come across as true champions, men repeatedly facing insurmount- able odds, only to snatch victory from the jaws of defeat. On some occasions, matches become patriotic battles, pitting someone like Hogan (a selfproclaimed "Real American"), against the Iron Sheik (an Iranian), or Nikolai Volkoff (a Russian who sings the Russian National Anthem before every match). Fake or not, many people get caught up in the good-versusevil plot, and find it very satisfying when the good guy beats the bad guy. And, believe it or not, there are a few people who actually enjoy watching the bad guys win on occasion. Another reason why people enjoy watching wrestling is undoubtedly due to the characters involved. A few choice examples are Jake "The Snake" Roberts, Brutus "The Barber" Beefcake, and Honky Tonk Man. Jake "The Snake," true to his name, owns a large python named Damian. After knocking out an opponent with his devastating DDT maneuver, Jake drapes Damian over the unconscious wrestler. Needless to say, this tends to wake up his opponent quite quickly. Brutus Beefcake earned his nickname, "The Barber," due to his tonsorial prowess. After he puts his opponents to sleep with his patented sleep hold, he proceeds to cut their hair. The Honky Tonk Man, who resembles Elvis Presley, enters the ring playing a guitar and dancing to rock-a-billy music. He's also been known to smash his guitar over an opponent's head. Juvenile, you say? Perhaps, but so what. The bottom line is that it is entertaining, and the fans love it. Finally, as unreal as wrestling may be, many of the wrestlers are tremendous athletes. To this extent, it's enjoyable to watch them execute bodyslams, pile-drivers, and suplexes, just to mention several popular moves. Other people enjoy some of the more primitive aspects of professional wrestling. These include hitting your opponent with various foreign objects (chairs, canes, megaphones, etc.), throwing your opponent out of the ring, and slamming your opponent's head against the concrete floor outside of the ring. Such antics are especially popular when the battered wrestler is one of the "bad guys." Professional wrestling has traditionally been scoffed at by "true" sports fans, who decontinued on page 15 Take Two by Tom Gagne Bloom's New Book Filled with Pervasive Sense of Panic There seems to be an unwarranted tendency among many cultural commentators to employ crisis rhetoric in their work. Allan Bloom, in his 1987 publishing sensation The Closing of the American Mind, is no exception. His major thesis that liberal education is fading fast because American universities have not retained a proper critical distance from several societal trends is a warning we must not pass by lightly, yet it hardly excuses the book's pervasive sense of panic. Mr. Bloom argues thatthe demise of classical liberal studies can be traced to educational planners' general lack of a unified vision of what a university should actually do. This theoretical muddle can itself be understood as resulting from at least three significant societal trends today's educators must consciously resist if they are to produce the desired university, universally educated person. They are, first, science's domination of nearly all thedisciplines, second, the rise of vocationalism, and third, the flaccid, anything goes attitude of curriculum planners. Taken as conspiratorial bullies, these educational realities could appear overwhelming, could indeed appear to be a call to humanities departments across the country to consider taking off their gloves. Yet if thesetrends are dealtwith individually, they lose much of their toothsomeness, if not their very real threat to the status of the humanities philosophy, art, religion and literature. Thefirst trend, thescientification of thought, is Bloom's modern translation of the ageold tension between science and philosophy (and Bloom represents philosophy as the representative humanistic en- — terprise). Yet Bloom's twist on this dichotomy resides in his fear that science has finally won the war between these two poles of thought. He makes a powerful case. Since its inception, science has built our world, both literally and in how we view it. The catch word for science has been "progress," no matter how arguable the point may be. We live in a society with a sciencecreated standard of living which even forthe"lowerclasses" would have been unimaginable a century ago. Not that we are not faced daily with images of homeless and hungry Americans, but that for the majority of us, material existence has in fact been eased by science. Along with much silent faith in the "progress" of science its ability to cure our ills, even the ills which it creates itself is our shared belief that science's standards of rigor and proof are the only legitimate ways to extract reliable knowledge from the world. As opposed to a philosophical conclusion, a scientific conclusion can be tested, and if proven false, be trashed. At least one hopes that scientific honesty will protect us from shams and shysters. With philosophy, artand literature, conclusions will always remain below or, if you will, above proof. Mr. Bloom correctly asserts that philosophy can never point to the world and say with certainty that this or that is eternal, that this or that is a constant; as, say, a scientist who predicts with accuracy, years in advance, the position of a star. Philosophy has itself long recognized itsdialogical nature, that eternalities quickly become temporalities, that truth and deception are opposite sides of the same coin, that doubtabout — — its current point is its greatest virtue and vice, that, in short, there is always an opposite point of view. Philosophy, Bloom argues, is above all a meditation on becoming and is alien to our modern obsession with what can make us comfortable here and now. Moreover, as science has spewed forth wonder after wonder (and terror after terror), philosophy of the old school, e.g., value-discovering philosophy died out two generations ago with the existentialist. In other words, philosophy has said that it can find no certain, inherent values, that all values are relative. Pick and choose your beliefs as you see fit, uncritically, even whimsically. There is no "world" out there to live in. We must, like the artists, create our own. Even so, what of democratic values? Surely these have substance. Bloom argues that besides the fact that most of us feel powerless to effect political change, capitalist democracy has itself contributed to the fractionalization of values in society and in the university. Where equality is the password, Bloom says, no way of thinking dare assert itself as better than another. Hence America's staggering conglomeration of equally valid lifestyle beliefs where none emerge as truer or wiser than the rest. This is in turn reflected in the university where students have an equally bewildering selection of courses and curricula. In the face of such variety, however, people still yearn for a hub to the world, no matter how many spokes radiate outward. And that hub is science. If it is "scientific" it is "good." Accordingly, other disciplines in the university have over the years gradually adopted a scientific approach. Even so, what of democratic values? Surely these have some substance. Bloom argues that besides the fact that most of us feel powerless to effect political change, capitalist democracy has itself contributed to the fractionalization of values in society and in the university. Where "equality" reigns supreme, Bloom says, no way of thinking dare assert itself as better than another. Hence America's staggering conglomeration of equally valid lifestyles and beliefs where none emerge as truer or wiser than the rest. This is in turn reflected in the university where students have an equally bewildering selection of courses and curricula. In the face of such variety, however, people still yearn for a hub to the world, no matter how many spokes radiate outward. And that hub is science. If it is "scientific" it is "good." Accordingly, other disciplines in the university have, over the years, gradually adopted a scientific approach. We no longer have political philosophy, we have political science. We have the burgeoning fields of the social sciences sociology, behavioral psychology and economics all devoted to scientific-style inquiries. Even the study of literature has jumped aboard the scientific bandwagon claiming that language can be reduced to a series of linguistic formulae. No longer is there any serious concern for what literature can tell us about longing, morality, revelation or society. Literature is the linguistic way we talk about these things. Philosophy too has succumbed to science. Logic, long an integral facet of philosophy, now totally informs it. Intuitive leaps not logically grounded are — — rarely looked at twice. Bloom contends that as a result of all this scientificationand ideological factionalism we have lost a common ethical front. Philosophy and the rest of the humanities, although riddled with doubt, have nevertheless always been the seats of moral inquiry. The Socratic problem of "What is the best life to lead?" is still relevant to philosophy. Science can make no such claim. The scientist endeavors to reach his conclusions and prove his hypotheses in what generally amounts to an ethical vacuum. His concern is with results. The long-range moral and societal implications of his work seldom enters his thinking. Bloom of course acknowledges such scientists as Hans Bethe and Andei Sakharov who have made valiant efforts in the field of scientific responsibility. Yet he implies that such scientists are the exception rather than the rule. For the most part, science is not guided by ethics, for ethical concerns are not in herent to the scientificmethod. So Bloom asks the question: if science is structurally unable to police itself, and if philosophy is intellectually crippled and in disrepute, where do we turn to pose the problem of what is the proper course of action to take? Bloom's solution to this dilemma involves a restoration of philosophy's historical concern for ethics so as to return the university (and ultimately society) to, it seems to me, a somewhat Kantian wholeness, e.g., where scientists and ethical humanists work together to solve our problems. But then the quesis such a syntion becomes thesis possible? This, along with the rest of Bloom's diagnoses and fears, will be considered in the next part of this re- — view. February 17, 1988 The Opinion 11 �If You Want to Learn Why More than 2 out of 3 New York Bar Exam Candidates Last Summer Did NOT Take Pieper... Take This Pieper Multiple-Choice 'Bar Examination^ BAR/BRI affords each student In BAR/BRI, if a lecturer is ill, critiqued by New York attorneys. The Pieper course grades only: °) 12 students listen substitute leeturer. In the Pieper course, if Pieper is ill or unavailable, students must listen to: a) A substitute lecturer b) A substitute videotape c) A videotape from a prior the opportunity to write and have -12 essays individually graded and b ) 10 c) ° d) 8 to a course d ) An audio,a pe from a prior Answer: (d) 8 course BAR/BRI students who are not successful on the bar exam pay $275 to repeat the course. Until recently Pieper repeaters got free repeats. Now Pieper people who fail must pay' < Answer: d ) An audiotape from a pnor course M ° „ St BAR / BRI courses ™on non-live sessions. BAR/BRI uses color videotape. in d) $450 Answer: (d) $450 v Answer: (c) Audiotape cassette \ fo\ £Q5 *jQS c) $295 ' BAR/BRI s live morning and evening classes are located conveniently near Times Square. The Pieper course, l.verne only, is evening conveniently" located at: a) Grand Central Station b) Perm Station c) Times Square d) Far lower west side Answer: (d) Far lower west side bar review course begins through the bar exam. The Pieper course relies on: a ) 35 attorneys b) 25 attorneys c) 10 attorneys d ) ] attorne y Answer: (d) 1 attorney The Pieper course uses: a) Color video D) ac^and white video c ) Audiotape cassette Q BAR /BRl's Q & A Clinic™ utilizes more than 35 attorneys, all members of the New York bar, available to answer any questions and work with you from the time the BAR/BRI lectures are taught by more than 18 professors, each an expert in his or her particular subas they are ject(s) New York bar tested on the exam. The Pieper course is taught by: a ) 18 professors b ) 10 professors c ) 5 professors d ) 1 professor Answer: (d) 1 professor . »*■»/*•». provides students with BAR/BRI more than 90 sample New, York essays, all with model answers. The Pieper course provides only: a ) 75 b) 50 c ) 40 Answer: (d) 20 essays and answers BAR/BRI provides students with more than 1150 multistate questions, a) ]QOO J 750 x d 500 Answer: (d) 500 multistate questions The Bar Review That Cares About You. m The Opinion February 17, 1988 jdes b 900 BAR REVIEW 12 , all with model answers! The p—er course This Information is Brought to You by te/fcrr i �Concerns from page 10 tion or keeping A & R informed about class status, then the law school should opt for a truly autonomous computer registration system which presents no such obstacles. Equal Opportunity to Register. Students are evidently being registered by alphabetical order. Only seven secondyear students were admitted into the heavily over-subscribed course "Gratuitous Transfers," and all seven were students with last names beginning with "B," "C," or "D." This system just is not fair to students with names beginning with letters at the end of the alphabetical order. In order to have a truly equitable system, as well as encourage early return of registration forms, students should be registered in the order in which they return their registration forms. Again, if the present computer system will not allow this, then the administration should seriously explore an autonomous system which will. Registration Freedom. Students feel strongly that, as a basic maxim, they should not be prevented from taking any course they wish to. While it is understood that the lack of fi- nancial, human and other resources create limitations on the practical realization of this ideal, students alsofeel that not enough is being done to move in this direction. Too many courses are closed out too quickly, there are not enough courses in areas where there is a great student interest, and there are too many "fringe" courses wherethere is little student interest. Perhaps by instituting a preregistration program, the administration will gain the information necessary to overcome the obstacles to the above-stated maxim. Advance Notice. Last semester, students were given three days notice of registration. Most students did not know the registration process was underway until the very day it began. As many students were leaving town for the Thanksgiving break, they needed to get their form in that same day or they would not have met the deadline due to their late return to town. Also, registration was held during the last week of classes, which encompassed the Thanksgiving break, giving little time to students for thoughtful consideration of their schedule. Students must be given much more advance notice of registration. Also, registration must not be held so late in the certainly not the semester very last week in the semester. More planning and communi- — cation between the students and administration is evidently needed. Course Guides. Students complain that there is no comprehensive guide to all courses, resources and programs here. There is a school bulletin available, yet it obviously is not being made available to the degree necessary. The administration should make an effort to more highly publicize the existence of the newly redone bulletin. Out-of-towners. Because many students leave the Buffalo area for the summer and do not return to this wonderful, warm metropolis until shortly before classes start, those students are placed at a severe disadvantage during the first week of the drop/add period. Accordingly, we propose that the drop/ add period not start until the first day of classes, or on the Friday prior to the start ofclasses, and be extended one more week into the semester. It is not fair that persons unlucky enough to receive exciting, valuable offers from firms or organizations outside of Buffalo get curriculum "left-overs." Scheduling. While it was probably a one-time problem, more attention should be given to the scheduling process here. The scheduling of classes this semester was done poorly, resulting in students having classes during five or even six days per week, while only being registered forfourcourses. This creates many unnecessary problems for students, not the least of which is the terrible difficulty in devising a sane work schedule for those who must work to finance their education. AlternateCourses. Many students have complained that when they register, they are allowed only to list an alternate course to one primary course, rather than to list one course as an alternate to any of the four primary courses which s/he is unsuccessful in enrolling in. These students are under the impression that this is a poor policy because it prevents students from getting into the particular course they want as an alternate. This, of course, is not true, as students need simply list the same alternate to every course they list as a primary, while listing a separate alternate for a seminar, if they so choose. This adds flexibility and not inflexibility to the — How to run your snow own j* — registration system. The administration should publicize this fact. Varying Course Times and Professors. Certain courses are presently taught by only one professor. There are certain problems associated with this. First, there are students who are interested in a particular subject matter. They would like to take a course in that area, but have deep reservations about committing their time and energy to a course taught by a professor whose teaching ability is suspect. Usually, the student need only wait until the course is taught by a different professor. With some courses, however, that is not possible. An effort should be made by the administration to have courses taught by different instructors to the extent that policy, administrative requirements, and instructors' needs allow. Also of concern is the time such courses meet. Some students are prevented from taking classes they want because of conflicting personal demands, such as work schedules. This is particularly true of parent-students. By having other instructors teach a course occasionally, they will not have the same time limitations. Good examples are Insurance Law, Estate Planning, Legal Rights of the Handicapped, and Gratuitous Transfers. A good example of such a change is the present Evidence class. Mr. Birzon teaches that class, always at 8:00 a.m. on Tuesdays and Thursdays, due to his law practice. If a student were to desire another professor, or if the early starting time were too great an inconvenience, the student has the opportunity to take that course with other professors who teach it. For classes which are not taught by two different professors, such as Insurance Law, it is suggested that either another professor beallowed to teach the course every other time it is offered, or that an additional course be offered every other year, which would not affect current agreements with existing faculty. Credit Reviews at Graduation. This is currently a hottopic of discussion among third-year students. Presently, students have their credits and residency status reviewed during their very last semester in school. This, of course, presents the difficulty of students not having the opportunity to correct a potentially unfortunate situation such as not graduating during his or her last semester at school. It just makes sense to conduct this review prior to registration time for the spring semester. Reviews during the month of October would do the trick. Also, a fuller explanation of the residency requirements during the beginning of the fall semester would be especially — 1536 HRM™WR| WKn&smitZ Mm — helpful to third-year students, so that they may review their status on their own. A & R Service. There are primarily two problems in this regard: linesand hours. Asindicated previously, the present system allows for just one line for drop/add requests. This is unacceptable. Something preferably the addition of two more terminals must be done about this. Also, the hours during the drop/add period are the same hours in effect during the rest — — continued on page 14 February 17, 1988 The Opinion 13 �Grades from page 3 Both the SBA Ad Hoc Committee on Grading and the Alumni Association came out in support of a five tier system in the April 2, 1974 issue of The Opinion. The law school faculty eventually restored thefour tier system in April of 1974. However, one should note continued but infrequent use of the H* and Q* distinctions (which signified . that a professor had put a letter in a student's file as a further comment on a grade); many mistakenly assume these distinctions mean H+ Q + William Greiner, an alumni of the law school and Associate Vice Provost for SUNYAB in the 19705, displayed his discontent with the four tier system in a series of memos in 1978 which addressed both the SBA and law school officials. He noted the comment of a disgruntled student who told him that our current grading system makes a statement to students which is demoralizing (at best). many (most?) of our students come here with more or less ambiguous feelings about themselves and this . and we do a good deal place to reinforce their ambiguous feelings about self when we assign non-descript grades to most of them in their first year courses..." (The Opinion, April 14, 1978, pg. 6). James Atleson, an associate professor at the law school, responded to Greiner's memos: "I find it hard . . to believe that a more detailed grading system will substantially allay student doubts about themselves, doubts which existed under our old numerical grading system as well. Much of this may stem from far more serious doubts e.g. some students come to Buffalo because they were rejected by higher choices or because of financial limitations." ( The Opinion, April 28,1978, pg. 6). Students maintained overwhelming support for the four tier system in a 1978 referendum which drew 60% of the law student body to the voting ( The Opinion, boxes. November 9, 1978, pg. 1). The most recent referendum on grading occurred on March 6 and 7 of 1985. That vote resulted in 218 out of 317 voting to maintain the present system. (The Opinion, March 13, 1985, P9 DProfessor Emeritus Jacob Hyman, one of a few individuals who witnessed the full evolution of the law school's grading system first hand, agreed to a short interview on this matter at the end of last semester. He felt that the present system reasonably reflects the evaluations that lawyers make of their colleagues' performances, i.e. great, qualified or a flop. However, he qualified this by stating that he personally felt that the Q range was too wide and that students should be able to know where they stand within that very broad range; he suggested that one way to do this would be allowing a Q+ Q, Q- distinction. Recently posted grades add levels of confusion. Some first year professors gave out a double digit number of Ds while others seem to be unofficially creating a new grading system of their own. One in particular seems to have discovered a H*, H, Q*, Q system. The true status of grade implementation remains unrevealed. Many see Dean Filvaroff's arrival as a stimulus for a more competitive adminstration of the H- Q system. However, some upperclassmen feel that the first year class may be exceptionally lazy or stupid. Whatever the case, the administration needs to clearly reexamine the present system in an effort to create grades that send a somewhat clearer and consistent message to employers. Students will have an opportunity to voice their opinion on grades in a referendum that will be held at the same time as the SBA spring election of officers. For some odd reason, seven SBA directors voted against the referendum. Personally, I hope that it will stimulate ideas and discussion about ways to further improve our present system. In any case, it will still provide an invaluable historical record of current attitudes on this matter. , Faculty Statement priate by the governing authority. It contains no guidelines, no definitions, no boundaries. It derives from this "responsibility to promote equality and justice." Whose version? More loaded terms would be difficult to find. Whose political agenda is being sanctioned here by being equated with "equality and justice"? This is intellectual Stalinism. even comments, Everything remarks, and discourse will be made to serve the revolution, I mean, a particular view of equality and justice. Perhaps it should be stated in the law school catalog that incoming students may be subject to conscription as intellectual mercenaries upon entering these hallowed halls of (oops, I was almost ready to say higher edu- — cation). Is the expression of opposition to affirmative action racial quotas on the "verboten" list as beyond the racist pale? Is a voiced opinion that abortion should be illegal or opposition to the Equal Rights Amendment inappropriately sexist? Is a sincerely held but unfortunately spoken belief that homosexuality is immoral in the "swiftly and openly condemned" category as being homophobic? I heard these pairings frequently during myfouryears in the law school. Nothing in this faculty statement would suggest these are extreme — — examples. By what stretch of the imagi- Master ofLaws Boston University School ofLaw A unique graduate program offering separate, multidisciplinary courses of study in American Banking Law Studies and in International Banking Law Studies. Taught by faculty of the Boston University School of Law, eminent banking law attorneys and management experts, these innovative programs provide an exceptional blend of intellectual and practical education at one of the nation's most prestigious law schools. Covering the full range of advanced banking law subjects, the curriculum also includes courses specially developed to introduce lawyers to the economic and managerial aspects of the domestic and international financial services industry. This comprehensive LL.M. program offers a singular educational opportunity for lawyers who wish to practice in these dynamic, fast growing areas of specialization. Applications are now being accepted for full or part-time enrollment in September 1988. For a catalog containing detailed information and application forms, write: . |fe I j ffiS s, I CI ? gfHH — from page 7 nation is the swift and open condemnation of certain views, remarks, or comments but not others contributing to the pursuit of equality and justice? What form will this condemnation take? Will this eventually take the form of some intellectual versionof thescarlet letter? This rejection of the marketplace of ideas, this abandoning of the encouragement of free discourse, this imposition of an intellectual checklist would be unconstitutional in any context. That it is even seriously considered, let alone unanimously passed by a body of faculty, in no, a public school a school no, a public law school is absolutely incredible. It is the epitome of hierarchical elitism to let this arbitrary intellectual litmus test operate. It is certainly reductionistic and demeaning to say that such a chilling and coercive device equates with the pursuit of equality and justice. It is, by the very terms of the faculty statement, separate from the means of dealing with reprehensible conduct. And it turns a laudiblesounding title into an oxymoron. I hope everyone will give this section of the faculty statement a second, even a tenth, look. Offensive and abusive acts of harassment should be dealt with appropriately, yes. But openly condemning remarks and comments deemed inappropriate? In a law school classroom? If the American Civil Liberties Union can defend the Nazis at Skokie, surely this progressive law school can show more commitment to real First Amendment ideals. Thomas L. Jipping J.D., SUNY Buffalo, 1987 Political Science Graduate Student Concerns from page 13 of the semester. Again, many students work or have children, and the four hours that A & R is open daily just aren't enough to attend to drop/add concerns, particularly when there is just one line available. There should be extended hours, with no noon-time closing, and A & R should stay open during the evening oneortwo timesweekly to accommodate those students who work or need to attend to their children. Of course, the extra hours would apply only during the drop/add — — period. CONCLUSION The present registration system is one which maximizes frustration and minimizes efficiency. Significant changes are needed in order to correct the present inadequacies in the registration process here at ÜB. We wish to stress that the system needs to be carefully rethought, as opposed to making isolated, insignificant changes here and there. Of course, the student body stands ready to assist the administration in designing and implementing these changes. We're just a memo or a holler away .. from page 11 Bizarre nounce it due to its lack of au- I would suggest, however, that wrestling is not a sport, and with this in mind, shouldn'tbe viewed as a sport. Professional wrestling is entertainment, camp at its best. Once you accept it for what it is, and realize thatwrestlers win based on popularity, not necessarily thenticity. Graduate Program in Banking Law Studies Morin Center for Banking Law Studies Boston University School of Law 765 Commonwealth Avenue Boston, Massachusetts 02215 or call: 617/353-3023 ability, professional wrestling can be very enjoyable. 14 — The Opinion February 17, 1988 �Drinking Age From personal experience with this bar, Ryan's, I'm going to make a few assumptions. The assailant was probably under 21, and most likely drunk. One can only inferthatthis individual does not have the maturity necessary to have a few beers and maintain a civil personality. The first three weeks of 1988 witnessed three fights outside Ryan's Niteclub. I'm not talking about a simple exchange of words, or even a heated shouting match. I'm referring to episodes of malicious physical violence. My hunch is that these fighting incidents are at least partially linked to the bar's clientele continued from page 4 which is predominantly under the age of 21. Let's make no mistake about it, what happened to my cousin was not so unbelievableto be classified as a fluke. In fact, when you think about it, all the ingredients for this type of tragedy were right there. This was no fluke, in fact, it was even probable. Please if you're under 21 and dying to go to a bar, thinktwice. If you're not careful, you may find yourself going to a bar to die. Twenty-one was not just the first number to be randomly generated by the state's computer. Our elected representatives specifically chose 21 years as the legal drinking age be- cause they believe that such a law is in the public's best in- I think it is unfortunate that the proximity of Fort Erie, Ontario makes this law nothing more than a farce. While most cities across our nation can proudly look at the positive effects that an increased drinking age has had on their community, our city of Buffalo is powerless to affect the drinking habits of its citizens under the age of terest. The reason that our government did not fix the legal drinking age at 20 is because it feels .. that as a group, these citizens are not yet prepared to handle the responsibilities that must accompany a night of drinking the bushel out on the town contains a few too many green apples that haven't matured . 21. While the problem is clear, the solution is not. What's happening across the border is perfectly legal and I feel helpless to influence the fate of those innocent few who may very well meet up with the same fate as my cousin, Scott Hammond. It wasn't until January 18, quite enough. The problem is clear. While the legal drinking age in New York State is 21, it simply doesn't apply to those under 21 who have access to a car and $.50 to pay the Peace Bridge toll. Matrimonial Law Symposium discussion, however, was the making of pendent lite motions and statements of net worth. As such, O'Reilly, like most of the other speakers, distributed copies of forms that he uses in his practice. So, O'Reilly handed out a sample pendete lite motion, Ashley two different types ofretainer letters, and David Siegel, who spoke on discovery and the valuation of marital assets, gave out forms of interrogatories. Siegel, who feels that discovery is the most important as- Centennial *Jeremy V. Cohen, of Flaherty, Cohen, Grande, Randazzo & Doren, on "Age Discrimination and Reduction in the Work Force." *Anne Smith Simet, of Hodgson, Russ, Andrews, Woods & Goodyear, on "Sex Discrimination and Harassment." *W. James Schwan, of Wyssling, Schwan & Montgomery, on "Problems of Disability, Handicaps, AIDS, and Diabetes." �Michael R. Morevac, of Phillips, Lytle, Hitchcock, Blame & Huber, on "Employment at Will in New York." *Sharon B. Hartley, counsel for Delaware North Co., on "Drug Tests and Polygraph Tests." �Thomas Gill, of Saperston & Day, P.C., on "Bankruptcy and Employee Benefits After LTV." *Judy Scales-Trent, Associ- illllllllllllllllllllllllllljlllllllllllllllllllllllll _ PROFESSIONAL • TYPESETTING OFFSET • PRINTING • FAST SERVICE R C C S . , • COMPETITIVE PRICING U M m ' MANY DIFFERENT • TYPESTYLES & PAPERS RESUME P S SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAYI . LtitKO ■ nTnTf IH m 3171 Main Street ■ (MM S. ol mmp—rl Bu a, Ny I] "° 835"0100 1 676 Nla. Falls Blvd (mcroaa from K-Mart) Tonawanda, NY 834-7046 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiuiiiiiiiiiiiiiiiiiir Next time you hear the line, "ifI can be drafted to fight, then I should be allowed to drink," keep in mind that in this age some category especially, people don't have to be drafted to fight... a few drinks and they're already there. continued from page I pect of matrimonial practice, had several gems of legal wisdom. At the examination before trial, or the EBT, when you see that the person that you are examining is lying you should "wait until trial to prove it." Also, asking a witness at an Examination Before Trial (EBT) if, "that is all," after their timony so to speak. In this way when the witness tries to change his or her testimony at trial you, the lawyer, can damage that testimony by saying, "but I asked you if 'that was all' from page 1 Saperston & Day, P.C., will speak from the point of view of "The Employer's Attorney." 1988 that I came to understand and appreciate the meaning of this law. I don't know howmany more people have been injured since the incident on January 17, but I've learned that it only takes one punch to an unsuspecting loved-one from someone that nobody knows to shock and forever change the lives of a close-knit family and their friends. ate Professor, University at Buf- falo Law School, on "Update of Supreme Court and Other Appellate Decisions Concerning Affirmative Action." A short psycho-drama on gender bias in the legal profes- sion will also be presented. There will be plenty of time for questions and answers and comprehensive hand-out materials will be distributed. Dean David B. Filvaroff will introduce the Convocation. Also speaking are Robert W. Keller '66, president of the Law Alumni and Mr. Parker. A fee of $30 includes theConvocation, a continental breakfast and lunch.To make a reservation, please send a check payable to the Law Alumni Association to the Law Alumni Office, University at Buffalo Law School, JohnLord O'Brian Hall, Buffalo, NY 14260. Further information may be obtained by contacting the UB Law School at 716-636-2053. atthe EBT and you said 'yes..." The only non-lawyer to speak at the symposium was Frank Alabiso, a licensed psychologist, who interviews children in custody disputes and acts as an expert witness at trials. He listed six criteria for lawyers to use when deciding whether to use a mental health professional as an expert witness at a trial involving matrimonial matters. The last speaker was Professor Birzon, who discussed several evidentiary issues including the proving of fault in a New Those criteria are: (1) whether the person has practiced for over five years in the field, (2) whether the person is licensed Bear Arms military unit — a branch of the "sawed-off shotgun." The SupremeCourt in M/7/ernotedthat the "militia" mentioned in the Second Amendment was "comprised of all males physically capable of acting in concert for the common defense expecting to appear bearing armssupplied by themselves." The result in Miller (the only Supreme Court case construing the Second Amendment right) can only be read to mean that the "right to keep and bear arms" is an individual right pertaining to those weapons having military utility. The question of whether Jack Miller's "sawed-off shotgun" had military utility was to be determined on remand. There is little or no intellectually defensible reasoning which could lead to the conclusion that the right "to keep and bear arms" guaranteed by the U.S. Constitution is anything other than an individual right. Any theory of "collective right" (in vogue with gun-control advo- .. — . from page 3 law school. He displayed a strong interest in an interdisciplinary approach to law where one became "less interested in thinking like a lawyer and more interested in thinking about law from a variety of perspectives." He had definite ideas on the kinds of courses he wanted to teach. The first was a constitutional law course that would concentrate on the role of constitutional jurisprudence in a pluralistic society. Other interests included a gender law course, one that would be entitled "Martin Luther King and the Law," and a final one entitled "Race, Racism and The Law." He also displayed an interest in placing students in a variety of community organizations off campus so that students could have an opportunity at looking at community organizing for social change. York State divorce action. But, in keeping with the practical nature of the symposium he began by stating that the most important rule of evidence in bench, or non-jury, trials could never be found in the profound works of Blackstone or Wigmore, oreven in any case reporter. Instead, the most important rule of evidence, uttered by judges in response to objections at bench trials, is only ten words long. Namely, "I will take it for what it is worth, counselor." from page 9 U.S. Army administered under the "Army clause" of the U.S. Constitution. Current and long-standing federal statutes define the "militia" (unorganized militia) as including all males of a certain age group as well as some females. [See 10 U.S.C. 311 (a) (1982).] Thus, current federal law views the militia in a manner consistent with the historical context of the Second Amendment armed citizens not part of the state Army. "Militia," for Second Amendment purposes, refers to individual civilian citizens rather than any organized military unit. This conclusion is consistent with the seminal U.S. Supreme Court decision on the issue, United States v. Miller, 307 U.S. 174 (1939). M/7/er involved a challenge to the National Firearms Act of 1934, under which Jack Miller had been prosecuted for transportation of a Faculty Candidates six citations for meritorious service. He worked for the U.S. Consumer Product Safety Commission from 1973 to 1983, spent one year as a law clerk at a small Wisconsin firm, served one year in the Environmental Protection Unit of the Wisconsin Department of Justice, and is currently working towards his L.L.M. at the University of Wisconsin. Mr. Snowarrow Fausett's teaching interests include the areas of native American rights, human rights, environmental law and property. Muhammad Kenyatta received his Juris Doctor from Harvard Law School in 1984. He is more interested in teaching per se than teaching law. He taught political science at Williams College for two years and is an ordained minister. During his lunch with the students, Mr. Kenyatta displayed a genuine interest in finding out what attracted students to this or certified, (3) whether the person has a family practice, (4) whether the person has any publications, (5) whether the person belongs to any professional organizations, and (6) whether the person is held in high esteem by his or her colleagues. If you can get affirmative answers to all of these questions, you will likely have a good expert witness. . cates) is inconsistent with both history and current federal law. Thus, the real questions surrounding the Second Amendment are (1) whether modern weapons technology (from "law's rockets" to nuclear devices) are sufficiently dangerous as to allow the interests of national security to override the individual right and (2) whether the somewhat sexist definition ofthe "militia" in the U.S. Code is appropriate in modern society. The question of whether the Second Amendment guarantees an individual or a collective right is a non-question: it is, and always has been, an individual right. The individual citizen should have the right, in his or her home, to maintain rifles, pistols or other firepower for hunting, self-defense, target practice, etc., until such time as the Second Amendment is altered through the process of Constitutional Amendment MANIA LEGAL J-ir-gg February 17, 1988 The Opinion 15 �' f | I I ! BAR/BRI is excited to announce that Prof. Arthur R. Miller, of the Harvard Law School, will be lecturing for BAR/BRI, beginning with the 1988 bar examination. Prof. Miller, who lectured on the bar examination for more than 10 years before joining BAR/BRI, will lecture in New York, California, Michigan, Massachusetts, and other states. The addition of Prof. Miller is just one more reason that more law school graduates throughout the United States take BAR/BRI than take any other bar review. We are excited to welcome Prof. Miller to our faculty. BAR REVIEW The Opinion February 17, 1988 16 ! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/88e54fcd2d275cfc3ca1c636034c1b09.pdf b7afae7dc7c51fda89796df92ef00e67 PDF Text Text Professors Take On Important Battered Wife Case by Alexei Schacht On September 17, 1986 Caroline and Albert Decker had yet another vociferous argument after Albert, once again, accused her of marital infidelity. Only this time Caroline could no longer take Albert's harsh language and threats of physical abuse. Caroline Decker shot and killed Albert Decker. They had been married all of seven months. However, on Saturday, January 16, 1988 a Fulton County jury acquitted Caroline Decker of all charges. Her defense was that she was a "battered wife." The significance of the case may be that Caroline Decker was never actually physically "abused" by her husband. Both Ms. Decker's lawyer, Mark Mahoney, and the star expert witness for the defense, Charles Ewing, are Law School faculty members. Surprisingly, both men came to the case independently of each other. In fact, the two men had never even met before they became involved in the Decker case. Some time in July, 1987 Ewing received a telephone call from the Director of the New York State Coalition on Domestic Violence (CODV). Evidently there was a woman, Mrs. Decker, who was being told by her public defender to plead guilty to second degree murder even though she herself felt that she was a battered woman and wanted to know about the possibility of going to trial with that defense. The Director of the CODV asked Ewing to counsel Decker. After conferring with Decker, Ewing concluded that she did suffer from a form of "posttraumatic stress syndrome" popularly known as "battered wife syndrome." According to Ewing, author of a book entitled Battered Women Who Kill, a woman may suffer from this syndrome if she has been a victim of physical and/or psychological abuse by her husband, and possibly other men, which leads her to eventually lash out after being able to contain herself no longer. Ewing convinced Decker's first attorney that she did, in fact, have a defense and subsequently new counsel was obtained. Enter Mark Mahoney. His job would be to bring out the sad facts of Caroline Decker's life in a way that she, not her husband, would be seen as the victim. While Albert Decker, a retired sheet metal worker, never beat his wife, he repeatedly told her that they were not married, threatened to kill her, handcuffed her while she was sleeping, refused to allow her to have a phone, to receive mail, to have friends over to the house or even to tell anyone that they were married. One factor which contributed to Caroline Decker's fear of her husband was the fact that he kept at least seven loaded guns, including automatic weapons, around the house. Another cause of Caroline Decker's condition, according to Ewing, was that she had been previously abused by other men in her life. The elements of Ms. Decker's life allowed Ewing to conclude that she was "a battered woman waiting to kill." Moreover, the fact that she could not even remember pulling the trigger, according to Ewing, was yet another element "consistent with post-traumatic stress syndrome." Nonetheless, Caroline Decker was not physically abused by her husband. This may be the first time that such a woman has successfully invoked the "battered wife defense." As such, her acquittal may have serious repercussions both within the legal community and within society at large. Ewing believes that Decker was rightfully acquitted. He said that since the jury had such a "smorgasbord" of choices (the judge told the jury that they could convict Decker of second degree murder, first or second degree manslaughter, or criminally negligent homicide") had the jury wanted to convict, the jury too obviously believed that Decker was a battered woman whose actions were justified. Should this defense fail to work in the future, under similar sets of facts, it may be because of Caroline Decker's somewhat anomalous nature. While almost all of the 100 women discussed in Ewing's book were not mentally ill, Ms. Decker seems to suffer from some mental disorder. It is unclear what effect that fact had upon the jury. While Professor Ewing said that he did not want to be a defense lawyer himself, he does "want juries to have all the facts." Ewing will be an expert witness at another "battered wife" murder trial in March in New Hampshire. THE OPINION Volume 28, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 3, 1988 Public Interest Internships Discussed at Open Meeting by Michael Kulla Approximately 40 students attended the open meeting held in room 106 on Monday, January 25 to discuss the Universityfunded summer internships in public interest law. Dean David Filvaroff, along with faculty members George Kannar, Frank Munger, and Rob Steinfeld, have been working on implementing these new internships, and they called this meeting to obtain students' ideas and views on their plans. After a brief introduction by Professor Kannar, Dean Filvaroff explained why he wanted to institute the internships. One of the major reasons for doing so is to enhance our school's image as one committed to public interest law. One way of achieving this end is to place several students in high-prestige, high-visibility summer positions in such cities as Albany and Washington, DC. In the future, Filvaroff hopes the agencies who will receive interns will eventually wish to sponsor other students in summer jobs the agencies themselves will fund. Though no definite number of placements has been set, approximately 5-6 students will be awarded these internships; the stipend per student is likely to be about $4,000-$5,000. Filvaroff feels strongly about remunerating interns highly for their work. He wants salaries "above sacrificial levels" because "students deserve it," and the law school should "put its money where its mouth it," vis-a-vis encouraging students to work in public interest law. Professor Kannar announced two of the placements; the others are being confirmed at present. One intern will be placed at the Women's Rights Project of the ACLU in Washington, and one will be placed at the Washington Legislative Office of the Mexican-American Legal Education Fund. Filvaroff is willing to receive student input on the internships, and invited questions for himself and the faculty committee, which includes Kannar, Munger, Steinfeld, and Ken Joyce, who was unable to attend. Students will also be included in the committee in at least an advisory role to the fac- ulty. One student asked if firstyears could apply. The response was thatthese positions were geared more towards second-years, but first-years will be considered. Among those in the audience, more first-years than second-years attended. Another student asked if the committee will consider funding a position which a student has already lined up, but for which funding is a problem. Kannar suggests such proposals be written up in an "informal note" and submitted to him. Several students were concerned with the idea that the internships equate prestige with money. Perhaps more people could be funded at a lower stipend. Filvaroff is sensitive to Say, Whaddya Think of "Dave's Dribblers?" by Daniel T. Lukasik cast live on ESPN last week, Villegas conferred on Corporate Basketball fever is once again in the air. It has been almost one year since UB Law's valiant hoopsters "Wade's Warriors" invaded the Western New England School of Law's Annual Basketball Invitational. Under the tutelage and spiritual guidance of "Colonel Black Jack" George Villegas, the Warriors finished a respectable third place last year in a field of 20 competitive teams. Unfortunately, the "Colonel" will be unable to sound the trumpet and lead the charge this time due to a pressing legal obligation to try a double homicide in the Bronx. However, in a ceremony tele- Vice President Brian Bornstein the title of coach, basketball guru and director of "manage- — — ment" (a key principle involved in every winning endeavor). In an exclusive interview at his posh Buffalo condo, Bornstein predicted that the team will have a "very successful" campaign and will "dominate" play at both ends. In addition, he announced (with due respect to former Dean Wade Newhouse) that the team would be renamed "Dave's Demons" to honor UB Law's new dean, David Filvaroff. The invitational will begin Friday, February 26 and will conclude with the finals on Sunday to be held at Western New England's gymnasium in Springfield, Massachusetts, home of the Basketball Hall of Fame. It is the team's sincere hope that the law school community will come out and show their enthusiastic support for Dave's Demons at fund-raising events and pep rallies. these arguments, but does not feel that that is what the high pay is doing. He believes the money is "symbolic" to the important jobs the students will have. Additionally, the money will also be necessary to live reasonably well in such cities as Washington and New York. The requirementsforapplication were also discussed by the group. What a student must submit is a resume, transcript (unofficial or official), and a personal statement briefly explaining the reasons for applying for the internship. To allay students' concerns, Filvaroff explained that no one criteria will be given tremendous weight over others. The committee will look at the applicant as a "whole person" rather than someone with strong or poor grades, for example. Students are encouraged to apply for these positions. The deadline is Tuesday, February 16. inside 5 ELS Tour Res Ipsa 7 Loquitur Guild Perspectives ... 7 "Off the Court" 10 �What the "H" Is The Point ofUB Law School Grades by John J. Bonazzi The grading system here needs to be trashed. Actually, the grading system everywhere needs to be trashed. A subject of great concern to all students, grades get far more attention than they deserve. .Students talk of them as if they were gods of some sort, as if they even remotely reflected one's actual accomplishment in the classroom. Of course, they don't. We will soon be given the opportunity to participate in a student referendum to determine whether to retain the present grading system. It seems that an ambitious newcomer has decided he'd rather be a part of a traditional, competitive ratrace law school program. He wants to scrap H's and Q's and replace them with that nauseating A-B-C-D-F system. I think he should pack his bags and leave the rest of us alone. Actually, he has a point. H's and Q's are obsolete and should be replaced, but not with just another grading system. We need to use this vote to get rid of grades once and for all at ÜB. A Pass/Fail system that emphasizes true accomplishment and lessens competition should be instituted. We have known for some time now, thanks to psychologists who have researched the psychological dynamics of tests and test-taking, that the factor most highly correlated with success in test-taking is not knowledge of the subject matter being tested, but ability to take a test. What this means is that good grades reflect one's ability to organize, studying and time management skills, ability to work under pressure, and skill at test-taking much more so than knowledge of the test subject matter, presumably the reason exams are given in the first place. So, you attend all the classes in the course you enrolled in at least ostensibly due to interest in the subject, read hundreds of pages of less-than-stimulating legal-babble, participate in hours of discussions concerning the subject matter, and then you take an exam. And there are still some who say that the latter should be given infinitely more weight than the three formers. When you walk into an exam, the learning is over and the regurgitation has begun. What you have learned prior to that point is what counts. Yet that is precisely what does not count. What counts is three or four hours of high anxiety and the requirement that a student spit back concepts in a format and under conditions which just don't exist in the real world for the most part. In a typical legal setting, the emphasis is on quality; in law school exams, it's quantity. Legal memos are thorough, have crisp, penetrating analyses, and are usually prepared in a setting conducive to producing such a high-quality product. But not law school exams. Here, professors insist not on thoroughness, but instead that you answer all the questions in a short period of time. Because the student's entire grade rests on this one paper, there is a level of anxiety which doesn't exist in most legal assignments. It's simply astonishing that everyone takes this exam/ grades business so seriously. Give me a break. Getting a "D" may mean only that someone had a bad day. Or the flu. Or a headache. Or the course was a headache. Or the professor was a headache. Or that particular test threw him or her. Or that particular test was written poorly. Or the student didn't do the work and deserved the D. How does one know for sure? And getting an "H" may mean that the student did the work and studied hard. Or did most of the work and studied no harderthan anyone else, but "lucked out" on the exam. Or can take a test but understands the concepts as well as Repub- Means understand compassion and helping the poor. Let's face it we all know people who get H's but really don't deserve them, just as others get Q's or D's and don't deserve them, either. I know a couple of people with mostly H's who I would not want representing me before the City Dogcatcher, never mind before a Judge. They're not brilliant, but they sure can take a test. The problems manifestthemselves when a student goes on a job interview and is asked to account for a less-than-rousing transcript, especially if the interview is outside of Buffalo. Taking tests simply is not related to being an attorney; dealing with people and solving problems are. But try and tell an interviewer that. Let's face it. Grades just aren't a reliable and certainly not a foolproof—indicator of potential or accomplishment. It is time that UB switch to the only grading system that makes sense, a Pass/Fail system. Such a system would place the emphasis where it belongs: on expending energy in learning material, instead of preparing for exams. Any real distinctions in individual effort and achievement could be addressed through written evaluations, which would be placed in the student's file. This is the system used by — — School, Northeastern Law among others. At that school, there are no grades, no class rankings, and no Law Review. Yet, their students compete successfully quite successfully—in one of the nation's toughest markets, where Harvard, Boston College, Boston University, and Suffolk Law School graduates are all seeking those same positions. It works there, and can work here too. And in place of exams, let's use real-world simulations or intensive analyses of an issue or issues to determine the quality of our work. What is so wrong with judging a student in the exact same manner s/he will be judged when s/he becomes a real attorney? There are, unfortunately, some students who want a return to the A-B-C-D-F system, so that UB grads can compete with students from other traditional, competitive schools. That simply is a step in the wrong direction. If your insecurity leads you to support such a disturbing proposal, please leave this school and go to one where competition is encouraged, not discouraged. For the rest of us, let's join the movement to put an end to grades the single greatest obstacle to a quality education since the A& R registration process. — — Chicago Is The Site Of International Law Career Day by J.L. Krieger Student interest, along with a growing number of career opportunities in the field of international law, prompted the Dean's Office to provide financial support for student representation at the International Law Careers Day hosted by NT Chicago-Kent International Law Society in Chicago on Friday, October 30, 1987. Approximately 265 law students and professionals attended the conference. Among the law schools represented were Western State, Emory, DePaul, University of Illinois, John Marshall, Loyola (Chicago), Northern Illinois, Northwestern, Indiana, Notre Dame, Valparaiso, lowa State, University of lowa, University of Kentucky, Detroit College of Law, University of Detroit, Thomas M. Cooley, Wayne State, St..Louis, Washington Capital, Case Western Reserve, University of Cincinnati, Ohio State, University of Toledo, Marquette and Washington. Jia Zhao, Special Counsel to Baker & McKenzie and the first lawyer from the People's Republic of China to be admitted to the bar in the United States (Illinois, 1985), began the conference with a keynote address entitled "Breaching theChinese Wall: Increasing Mutual Understanding Between the Legal Communities of the U.S. and China." In her address, Ms. Zhao explained that Americans and Chinese can achieve more harmonious relationships between their legal communities by understanding and respecting the philosophic, historic, and cultural differences which exist between them. A panel presentation highlighting various career specializations in international law 2 then followed. Panelist speakers included Spencer Waller, currently with Freeborn & Peters and former trial attorney with the U.S. Department of Justice (Internatinal Antitrust); Reed Kathrein, an attorney with Arnstein, Gluck, Lehr, Barron & Milligan (Private International Law Practice); Lawrence Pilon, an attorney with Hodes & Pilon (Customs and International Trade); corporate attorney Kelly Brest van Kempen of Motorola, Inc. (International Corporate Practice); and Professor Anthony D'Amato of Northwestern University (Public International Law). In the afternoon each conference attendee visited two organizationsto learn more of the career paths and the day-to-day activities of international attorneys within a particular organization. Organizations participating in the afternoon seminar discussions included Abbott Laboratories; Amnesty International; Amoco Corporation; Arthur Andersen & Co.; Baker & McKenzie; Barnes, Richardson & Colburn; Chicago Mercantile Exchange; First National Bank of Chicago; Kirkland & Ellis; Lord Bissell & Brock; Masuda, Funai, Eifert & Mitchell; McDermott, Will & Emery; Sidley & Austin; U.S. Department of Commerce; U.S. Customs Service; and U.S. Immigration and Naturalization Services. A reception hosted by Sidley & Austin, a Chicago law firm, concluded the day's events. The field of international law seems to be a prime area of interest of entering law students around the country. At the same time, career prospects in the field of international law are optimistic. According to the Dean of Career Development at NT The Opinion February 3, 1988 Chicago-Kent School of Law, there has been a considerable expansion of employment opportunities over the past five years among large, mid-size and even smaller (boutique) firms as they expand their international commercial practices and set up offices overseas. Despite this promising outlook, however, many law students experience confusion and uncertainty over possible career options and employment opportunities within the field of international law. The Career Development Office and the International Law Society, in response to student need for career development information on international law, will publish a series of short articles based on the presentations of the panelists at the International Law Careers Day. Articles scheduled for future publication in The Opinion include: "Legal Careers with the Federal Government in International Antitrust Law," "Legal Careers in Private International Law Practice," "Legal Careers in Customs and International Trade Law," "Legal Careers in International Corporate Practice," and "Legal Careers in Public International Law." Jessup Moot Ct. Team Best Ever by Lawrence Lane Five weeks of competition ended in early November with the selection of UB Law School's entrants into the Jessup International Law Moot Court Competition. On their way to Boston, Massachusetts will be Jennifer Krieger, Pamela Keitz, Troy Kelly, Kimi King, and Sharyn Duncan, to compete for the regional title in early April. This year, for the first time, seven U.S. regional winners instead of just one will travel to The Hague, Netherlandstocompete in the finals. The competition here at the law school was the fiercest ever. Entrants were scored on both written and oral arguments, which weighed equally. They were also judged on organization, clarity of argument, interpretation and application of the law, and conviction of argument. All of the competitors were outstanding. The final selection took two in smoke-filled rooms where the judges were cloistered and deniedfood until they made their decisions. It is expected that this group will be thebest that UB has ever days sent to the competition. This year's team will be trained by the Jessup International Moot Court Panel in the areas of oral argument, brief-writing, and international law research. The team will benefit from the law library's extensive international law collection. UB Law has done well in the regional competition in previous years, and it is expected that this year's team will sweep the regionals and go on to compete at The Hague. — Wish our competitors well they are an outstanding group. SECOND-YEAR SBA DIRECTOR POSITION OPEN Second-year law students interested in running for a position as Class Director of the Student Bar Association will have an opportunity to do so. On Monday, February 1,1988,petitions will be available outside the SBA office. Students interested in running should pick up petitions and return them by noon on Friday, February 5. To get on the ballot, candidates need to collect signatures from 10% of the second-year class. The election will occur between 10 a.m. and 2 p.m. on Wednesday, and Thursday, February 10 and 11. �The 100th Anniversary of the Law School deserves a The Buffalo Public Interest Law Program YEARBOOK. will be having If you would like to help in any way with the 1988 a General Meeting Wednesday, February 3 " Advocate/ (TODAY!) please come to a meeting on 4:00 P.M. TUESDAY, FEBRUARY 9 Room 108 at New Members Welcome! 4:00 P.M. We will be holding elections in for the position of: Vice President in charge of Projects THE FIRST FLOOR LOUNGE Bring ideas for projects and fund-raising! If you are unable to come to this meeting, but are still interested in working on a yearbook, please leave a note in box 738. I H The Opinion ( B B EDITOR-IN-CHIEF — Graduating Senior BUSINESS MANAGER — Graduating Senior MANAGING EDITOR — Graduating Senior B These positions and others will need to be filled next year. I 1 I If you join The Opinion staff now, you could be eligible for a spot on our illustrious Editorial Board. I To find out more about The Opinion and what it can do for you, 1 BIIIIffIH^ <^^^ I Lots o Fun! I WEDNESDAY, FEBRUARY 3 724 O'BRIAN 3:30 PM I I 1 RECRUITMENT PARTY jj • Pizza! ... Beer! ... B ) y c I Xi ••£'-:■ February 3, 1988 The Opinion 3 �HESC Recommends Changes In The APTS Program New York State's Aid for PartTime Study (APTS) program provided financial aid to more part-time college students in 1986-87 than it did the previous year, but the program continues to be seriously underspent, according to a study released by the New York State Higher Education Services Corporation (HESC), the state agency which administers the program. The study includes HESCs recommendations for increasing utilization of the APTS program. The study, "The New York State Aid for Part-Time Study Program: A Progress Report, 1986-87," shows the APTS program reached 7,976 part-time students in 1986-87,an increase of 11 percent over the 7,169 recipients the previous year. However, the total spent on APTS was $4.9 million, or just 44 percent of the $11 million appropriated for the program. HESC estimates that expenditures for 1987-88, the current academic year, will be about $6 million. "The APTS program changes enacted by the legislature in 1986 did increase students' usage of the grants," said HESC President Dr. Dolores E. Cross, "but these changes did not go far enough." She added, "If the APTS program remains as it is presently structured, we expect that it will continue to be underspent. We therefore feel it is essential to enact the recommendations contained in our report, to enhance access to higher education for part-time students. Principal among the recommendations are those that would increase the income eligibility ceilings for part-time students." Dr. Cross said the HESC report recommends the following legislative changes for the APTS program: 1. Raise the APTS income ceiling forfinancially independent students who are married and/or have tax dependents from $15,000 to $34,250 net taxable balance income to be consistent with the state's Tuition Assistance Program (TAP); 2. Raise the APTS income ceiling for financially dependent students from $22,000 to $34,250 to be consistent with TAP; 3. Raise the APTS income ceiling forfinancially independent single students from $15,000 to $22,000 to achieve more parity with dependent students. (Almost 90 percent of part-time students are independent students); 4. Remove the requirement that students must have already earned at least six credit hours of college study to be eligible for an APTS grant; 5. Reduce the minimum number of semester credits for APTS eligibility from 6 to 3 to conform with the federal Pell Grant program; and, 6. Allow for reallocation of APTS funds between public and private sector institutions. The Aid for Part-Time Study Program is a college-based student financial aid grant program. Students apply directly to participating post-secondary institutions and the institutions select the award recipients. Awards range from $100 to $2,000 a year. The average award for 1986-87 was $617. The number of undergraduate students who attend post-secondary education on a part-time basis has increased during the 1980's, while fulltime enrollments have decreased. Last year, 255,000 part-time students comprised nearly onethird (32 percent) of the state's undergraduate degree-credit enrollments. A major reason for the growth in part-time attendance is an upward shift in the age distribution of our state's population. This trend is expected to continue. As more and more older students enter or return to college, they must, out of necessity, attend part-time since they have family and career responsibilities. Still, with all they have to handle, part-time students tend to be very serious about their studies. They view their education as a means to careertransition or advancement. It is a way to improve not only their lives but also those of their children. Dr. Cross notedthat while the statistics in the report showthat APTS is serving low-income adults, many students continue to be excluded from the program because of the current eligibility requirements. "Eliminating the few remaining restrictive provisions in the statute will encourage more schools to participate in the program," said Dr. Cross. "It will also make awards available to students who need the aid but either do not currently qualify or, in the school's view, represent a risk for the institution's incurring a financial liability." In addition to the recommendations, the HESC report con- tains: on how the APTS • Statistics grants were distributed in 1986-87; A discussion section on cur• rent trends in part-time study; A description of • APTS program by Patricia Miceli The first meeting of the second semester of the Association of Women Law Students (AWLS) was held on January 27 A unique graduate program offering separate, multidisciplinary courses of study in American Banking Law Studies and in international Banking Law Studies. Taught by faculty of the Boston University School of Law, eminent banking law attorneys and management experts, these innovative programs provide an exceptional blend of intellectual and practical education at one of the nation's most prestigious law schools. Covering the full range of advanced banking law subjects, the curriculum also includes courses specially developed to introduce lawyers to the economic and managerial aspects of the domestic and international financial services industry. • -87. The New York State Higher Education Services Corporation is the state government agency which provides financial aid to eligible students in the form of grants and scholarships, and through the guarantee of loans, for full- and parttime study in colleges and approved businessand vocational schools within New York State. Last year HESC provided more than $1.2 billion in financial aid to more than 750,000 students. HESC also researches and reports on the effects of student financial aid in providing access to post-secondary educational opportunities. in the first floor lounge. Members are currently working on a basics of the organization including writing a constitution and writing a position paper. AWLS plans numerous activities for the second semester. Initially, they will be represented at the orientation for Dean Filvaroff on February 11. The Brown Bag Luncheon series has been scheduledfor noon on Thursdays. Academics from the Law School such as Betty Mench and Allen Freeman will serve as speakers. Plans for the observation of International Women's Day are also in process. Either or a symposium and a reception is being planned for an early March date. AWLS will continue to sell coffee and donuts. Additionally, a flower sale is being planned for Valentine's Day and a T-shirt sale is being slated. There are also plans for the organization of a Women's Task Force to go to the women's prison in Albion. AWLS will meet weekly on Tuesdays at 5 p.m. in the First Floor Lounge. New members are welcomed. lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJIIIIIII This comprehensive LL.M. program offers a singular educational opportunity for lawyers who wish to practice in these dynamic, fast growing areas of specialization. • PROFESSIONAL TYPESETTING OFFSET • PRINTING p £ SERVICE •• COMPETITIVE FAST S Applications are now being accepted for full or part-time enrollment in September 1988. 11 " lis''■"!= or call: 6177353-3023 PRICING MANY DIFFERENT E TYPESTYLES & PAPERS S« RESUME SAMPLES AVAILABLE iUME PRINTING SI :lALISTS! CALL US OH VISIT USFOR A QUOTATION TODAY! WE AFT |p | Graduate Program in Banking Law Studies Morin Center for Banking Law Studies 1 Boston University School of Law Commonwealth Avenue iKJI I JMBOSSttjaytaML. Boston, Massachusetts 02215 • |\/| For a catalog containing detailed information and application forms, write: 1 *» Sjj SB changes; and, A list of each institution's APTS allocation, award total and average award for 1986- AWLS Sets Agenda For Spring Master ofLaws Boston University School ofLaw W*m the 1986 I j - 3171 Main Street fc LulKO WiSi /\KJT-p OTd) [etc 1( C rj \\j fop) (Main S. of Winspear) Buffalo, NY 835-0100 1676 Nia F a«s B'vd ('cross from KUart) Tonawanda, NY 834-7046 lllllllllllllllllllillllllllllllllllllli The Opinion February 3, 1988 4 �Environmental Law Society Tours Nuclear Reactor by Lisa Strain Five members of the Environmental Law Society participated in a tour of the nuclear research reactor located at the U.B. Main Street campus at the end of last semester. The tour, conducted by Director Lou Henry, lasted two-anda-half hours and provided an insightful view of both the facility and the misconceptions surrounding its operation. According to Henry, the facility was built by New York State in 1959 as a research reactor for the University of Buffalo. The reactor was primarily used to test the aging aspects of nuclear facilities, which entailed testing the durability and strength of materials used in building other reactors, including much larger commercial facilities. More recently, the reactor has been used to do some testing of medical samples. The reactor, while continuing to remain under state ownership, t/vas turned over to Buffalo Materials Research (BMR) to manage its operation. This occurred in f984, after it was apparent that the facility was only barely breaking even financially. BMR, a privately owned corn- pany, operates the reactor as a profit-making facility and contracts out to various other private companies while continuing to do work for the University. The company's largest client for the last three years has been Materials Engineering Associates, a Maryland-based company which sends a number of quality assurance samples to the facility to be tested as part of its compliance with Nuclear Regulatory Commission (NRC) regulations. The facility is operated only five days a week, starting up on Sunday and shutting down on Friday. Henry expressed his hope that eventually the company may be able to expand to a seven day operating schedule, but it is not cost efficient to do so at this point. Henry conducted the tour through most of the facility, including the control room and the containment building which houses the reactor core. The core is protected by a 30-foot column of water, and we observed an employee moving a sample located at the base of the core by using long ropes. Upon beginning the tour, each person was issued a "dosimeter" and a photo- graphic badge to wear. Henry explained that although the facility is not required to take these precautions, it is company policy to do so, as "we live in a litigious society, and who knows? Maybe 20 years from now someone who toured this facility could contract cancer and try to connect it to his or her visit here," he said. There were several areas within the containment facility which were roped off as unsafe to enter. Henry alleviated the concerns expressed by several members of the tour group by explaining thatthe risk of a high level contamination within the facility is very low, and all of the employees are checked daily upon entering and leaving the facility for any possible contamination. As the reactor is only used for research, it contains much lower levels of radiation than the larger, commercial reactors used to produce energy and plutonium for weapons. There was a moment of consternation when, upon leaving the containment building, one person's shoe showed a higher than average reading. Henry pointed out that the level of 200 c.p.m. (counts per minute) was The Erie County Bar Foundation presents NOONDAY LECTURES FOR FEBRUARY, 1988 Wednesday, February 3, 1988 "Counsel Opinions, Due Diligence and Corporate Housekeeping: A General Practitioner's Guide" A discussion of practice considerations for legal audits, corporate housekeeping and record keeping, and due diligence guidelines in rendering opinions as counsel to a corporation. ANTHONY D. MANCINELLI Magavern and Magavern ANTHONY L. DUTTON Hodgson, Russ, Andrews, Woods & Goodyear JOSEPH MAKOWSKI Computer Task Group Wednesday, February 10, 1988 "Review of the Recent Amendments of the Local Rules of the United States District Court, Western District of New York" Remarks by HON. JOHN T. CURTIN Chief Judge MICHAEL A. BRADY Moot & Sprague ALLITHEA E. LANGO Attorney General's Office Wednesday, February 17, 1988 "Hearings Before the Department of Motor Vehicles" still within the federal standard of 400 c.p.m.'s. In the event of a higher than average reading, Henry said the least drastic means are used first, and that ususally just washing the area with soap and water will be effective. The reactor generates ap20 proximately 55-gallon drums of radioactive waste per year. This waste is classified with various degrees of radioactivity and the "high-level," or most highly radioactive waste, must be shipped to the federal waste facility in Barnwell, South Carolina. High-level waste is usually produced as a by-product of plutonium, but plutonium is not produced at this facility. When asked aboutthe landfill at West Valley, 30 miles south of Buffalo, which was closed several years ago due to massive leakage and which is presently the site of an experimental new process of cleaning up landfills, Henry felt that the project is a model for a viable new alternative for site storage of radioactive and other hazardous wastes. The project involves encapsulating the waste in glass containers which are less soluble than previously used metal barrels, and thus contain the waste for a longer period of time. According to Henry, the major issues which he feels concern BMR today are increas.ing its cost-effectiveness and profit potential, and changing the public's perception about the facility and its uses. Henry feels that a more appropriate area of publicconcern might be the Department of Energy, which is a self-regulating agency and does not have to conform to Nuclear Regulatory Commission regulations, as all commercial facilities must. While 15 percent of hazardous waste each year is produced by private industry, almost 80 percent of the total waste is produced by Energy Department facilities which operate for military uses, "and no one questions where this waste goes," Henry said. Henry said there are tours of the facility open to the public upon arrangement. If you are interested in gaining a very informative viewof how a nuclear research reactorworks, it is well worth the two hours of time. Call the Buffalo Materials Research Center to arrange for a tour. NAPIL Conference Dates Set by Karen Comstock The 9th annual Public Interest/Public Service Symposium will be held at NYU Law School on Thursday and Friday, February 25-26, 1988. The symposium is designed to provide students with an opportunity to participate in individual interviews and small group discussions with attorneys and panel discussions on topics related to various aspects of public interest law practice. Information on interviewing employers should arrive in CDO any day now, and as soon as it does, we'll let you know. At that point, you need to act quickly. Your job is to review these materials, select the employers with which you would like to interview, and submit a resume and other specified materials to CDO. CDO will forward the resumes directly to the employers. We'll set the deadline as soon as we receive the information. Employers have been asked to select and call in the names of students they would like to see by Tuesday, February 16. Scheduling will be done by NYU and the result distributed to the participating schools. This program is very worthwhile. Students have been successful in picking up unscheduled interviews at the symposium. I do encourage firstyear students to participate. Matrimonial Lawyers Plan Talk New York Chapter of the American Academy of Matrimonial Lawyers Presents "The Practice of Matrimonial Law: A Lesson in Reality" Saturday, February 6, 1988 SUNYAB School of Law and Jurisprudence Room 107 9:00 a.m. to 4:30 p.m. Admission Free — — In cooperation with the SUNYAB School of Law and Jurisprudence, highly experienced and nationally recognized matrimonial law practitioners from the American Academy of Matrimonial Lawyers will present a free program for law students which will Procedural aspects of a variety of DMV hearings. cover the entire gamut of the practice of matrimonial law from interviewing theclient and organizing the file, to motion practive, pre-trial disclosure, settlement negotiations, drafting of agreements and trial. Space for this symposium is limited and since admission is free, we expect seats to be at a premium. Sign-up sheets will be placed on the bulletin board on the 2nd floor, the 4th floor and outside Room 521. Seats will be at a premium and any student signing the sheet will be guaranteed a seat. Paul Ivan Birzon Professor Isabel Marcus Professor Louis Swartz Sanford S. Dranoff, President, AAML NY Chapter THE PASSWORD: PAUL A. FOLEY Panel Chair RITA LOS Administrative Law J,udge JONATHAN D. ESTOFF Practitioner I \ I ) Q—_J 415 Seventh Avenue. Suite 62 New York, New York 10001 (212)594-3696 (201)623-3363 All lectures are held at 1:00 p.m. in the Ceremonial Courtroom, Buffalo City Court. 7th Floor February 3, 1988 The Opinion 5 �©pinion STATE 1 NIVERSITY OF nsr NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 8 February 3, 1988 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon FeaturesEditor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Pat Miceli, Alexei Schacht, John Williams. Contributors: Derek Akiwumi, J.L. Krieger, Lawrence Lane, Daniel T. Lukasik, James McClusky, Barbara Nectow, Damon Scrota, Lisa Strain. c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Don't Censor Yourselves The University Union Activities Board (UUAB) is presenting an Anti-Censorship Film Festival, Feb. 15-20 in the Woldman Theater. They are billing the event as "an historical survey of films that have either been censored or have encountered flack from the censorship office, and films that are themselves about censorship, be it political, sexual, social or philosophical." Scheduled to be shown are films such as The Scarlet Empress, Midnight Cowboy, And God Created Women, and Hail Mary. Although the most recent film on the list was released in 1985, and most of the others were made before 1950, the issue of censorship is always pertinent and it is important that we keep reminding ourselves of the power that a small group of people can have over free expression. It was only a few months ago that a fundamentalist furor caused the banning in schools of books which preached "secular humanism." That unpleasant episode in our history prompted a resurgence in the concern over a free press. Area bookstores were setting up displays of books which, at one time or another, and for whatever reason, were banned. Doubtless, many ofthe banned titles have graced the "favorite books" lists ofa great many people, titles such as Huckleberry Finn, James Joyce's Ulysses, J.D. Salinger's Catcher in The Rye, George Orwell's 1984, The Diary of Anne Frank, and even, in some schools, William Goldman's The Princess Bride. These are only a few of the books that have suffered varying degrees ofcensorship, and they are unlikely to be the last. The maintenance of a free press is crucial to a free society. It is of special concern to those of us who spend our time putting our words into printed form. But as bad as censorship from the outside is, self-censorship is equally harmful. A free press is a wonderful thing, and it is something which must be taken advantage of before it is taken away. At the risk of sounding self-indulgent, The Opinion is the ideal forum for free expression within the law school, but if people don't take the time to write, it will not be able to continue. Most of the members ofthe editorial board are graduating seniors. There are three constitutionally mandated positions, Editor-in-Chief, Business Manager, and Managing Editor, which must be filled. In addition, there must be a staff to help fill the pages. A few dedicated souls have undertaken to write for The Opinion on a regular basis, but they can't do it all. We will be having a spring recruitment party today, Feb. 3, at 3:30 in room 724 O'Brian. If you're not sure whether you have the time to write, stop in for awhile, have a beer, and talk to someone on the staff. There are very few opportunities, for those of you who are so inclined, to have such clear access to the printed page. Everyone has opinions, and there are a lot of things going on out there that deserve to be written about. Take a few minutes, stop in at our recruitment party, and consider writing for The Opinion. The only thing worse than having your words censored is not saying anything at all. Oh, and don't forget the Anti-Censorship Film Festival — it's an important event. The Opinion February 3, 1988 6 OpM Tinhoe ailbox SBA To Meet On Library "Crisis" by Derek Akiwumi SBA Vice President The time has finally come for the Student Bar Association to address the issue of the undergraduate student invasion of the O'Brian Law Library during our final exam period. On Wednesday, February 3 at 5:30 p.m., the SUNY at Buffalo Provost, William Greiner, will appear at the next Student Bar Association meeting to receive comments and suggestions from the law student body on what can be done to solve the Law Library crisis during the final exam week. The meeting will be held in 109 O'Brian. Last semester the Provost expressed to me that he thought it might be feasible to imple- ment a measure of disallowing the use of the Law Library by non-law students for a threeweek period before and during exams. Although I informed the Provost that the heavy influx of non-law students in the Law Library all year round was the initial concern of the law student body, he only conceded thatthe imposition of restrictions during finals was the only viable option. Since he was willing to offer this much, I then invited him to come and speak to us on this issue at the Student Bar Association meeting next Wednesday. This forum may be our only opportunity to fully resolve this matter. I strongly urge as many students as possible to attend this meeting and voice their concerns. The Provost has also mentioned that he will try to bring the Vice Provost of University Services, Bob Wagner, and the Vice Provost for Student Affairs, Robert Palmer, to next week's meeting. Our dialogue with them may not only center on the issue of the Law Library. Due to this rare occasion, we may wish to raise other pertinent issues that may concern us. This meeting with the Provost will be a grand opportunity for us to have our voices heard, and I hope to see many of you in attendance at the next Student Bar Association meeting. Law Students Must Not Segregate Selves To the Editor: I am not a law student, but I am interested in the integrity of the University and watch with dis-ease the insecurity shown by Mr. Ryan's review of how Law School facilities need further segregation from other elements of University life. I don't write expecting to pare down the needs he feels, but with the suspicion that there are members of the Law School who may not be expressing concern over the elitist image projected by some of the language addressing Law's need for its own space. I start with Ryan's first sentence: "overrun with undergraduates" and skip down to his complaint at not having a private elevator. I can only be reminded of the Buffalo Club separating elevator uses and neighborhoods being overrun with a variant. I'm saying the concepts are primitive so may be the need. I also highlight this language briefly because lawyers have had a tradition of surrounding theirsuccess with material padding a tendency well fought ... — from within its ranks by radical advocates. And the trend certainly reflects like historical attitudes of the United States government toward the "world outside." May I write not to battle with the validity of your need to identify your community with composure and warmth, but to encourage the mellowed members of your department to discuss in-house the values of identifying with the larger university. Constance Schulz StudentPosition Paper Needs You The SBA is presenting an agenda of student concerns to Dean David Filvaroff on February 1, 1988. The Subcommittee for Developing Student Issues will have a table outside the library on January 27 (Wednesday) and January 28 (Thursday) from 10:00 2:00 to collect individual student suggestions. THE DEADLINE FOR STUDENT ORGANIZATION POSITION PAPERS IS FEBRUARY 16, 1988. At present there are nine basic issue areas: 1. Curriculum 2. Advisement and Support 3. Registration 4. Library 5. Our Law School's rank 6. Financial Aid/Loan Forgiveness 7. Student Lounge 8. Child Care and problems of studentswith young children 9. Miscellaneous (improve communications between students and clubs/faculty, administration and alumni. The committee will also look at ways to improve information about jobs and utilization of the Career Development Office.) The Subcommittee realizes that every student group has unique concerns and problems in the law school community. It urges every organization to make its voice heard. In order to help define those issues of concern to the student body, we requestthat every student club meet with its membership and prepare a position paper describing its viewpoint. The position paper may discuss any of the issues listed above or it may address a new set of issues. Papers should be detailed but concise. Any supporting docu- - ments (i.e. surveys) may be included. Please type all submissions. Include also your organization's name and the name of a contact person. Papers may be submitted to Box #525 (Lisa Sizeland, subcommittee chair). The Subcommittee wants to afford every opportunity for students to be heard. Papers will be submitted to the Dean as written. If you have any questions, please do not hesitate to contact either Lisa Sizeland or Maria I. Doti. Graduate Feminist Studies Group Plans Symposium The Graduate Group for Feminist Studies at SUNY Buffalo, a faculty/graduate student forum for feminist conversations among the disciplines, is holding a symposium on New Feminist Scholarship on Saturday, February 13, 1988 in 280 Park Hall. It is free of charge and both the university community and the general public are invited to attend. In this symposium, feminist research its theoretical and methodological concerns, its encounters as it moves from one discipline to the next, its radical and conservative textures will be explored, in lecture and discussion, by five feminist scholars just beginning their academic careers. — — Individual presentations, as listed below, will take place in the morning sessions. In the afternoon, audience members will be encouraged to participate in a panel discussion initiated by thepresenters around general issues related to feminist research. 10:00 a.m. Introduction; Coffee & Bagels. 10:30 a.m. Adele Mueller, Cornell, NY. "Knowing Women/Ruling Women: The Knowledge Relation in Imperialist Rule." 11:30 a.m. Patricia Chuchryk, Lethbridge, Alberta. "The Contradictory Role of Conservative Ideology: Subversive Mothers." 12:30 p.m. Lunch 1:30 p.m. Alice Echols, Ann Arbor, Ml. "Radical Feminism: Redstockings and The Feminists." 2:30 p.m. Leslie Patrick-Stamp, Bucknell, PA. "The Imprisonment of Black Women: Origins." 3:30 p.m. Coffee Break. 4:00 p.m. Diana Abu-Jaber, Lincoln, NE. "Parallel Discourses: The Woman and the Artist in Jamaica Kincaid's Annie John." 5:00 p.m. Panel Discussion Doing Feminist Research in Mainstream Academia: Difficulties and Rewards. — 7:30 p.m. Potluck/Party. �Res Ipsa Loquitur by Daniel Ibarrondo "NoProblem"To Get Back (The following is a fictitious between the copversation Jamaican Bar Association, Accreditation Committee and the Dean of JA Law.) JBA: Good morning Dean. Dean: Irey man. JBA: The Accreditation Committee has finished its report on JA Law School. Dean: Jah know what it be saying. JBA: Well, it seems as though the school has to shape up or ship down: Dean: I tought it be cool runnings in de school. JBA: Not really, everything is not going smooth. Dean: What you be saying? JBA: Well, in order to upgrade the school's standing it is imperative that grades are competitively distributed. It was curious as to how out of a class of ninety students, only two percent got D's. There is nothing wrong with the grading system per se, but the Q's should not be given out so generously. Dean: Sounds to I like Armageddon. No true? JBA: We're not trying to create havoc. If the law school wants to return to the top twenty position that it previously held, then you have to do two things: In Top 20 — Give Lots Of D's make it hard for students to get a Q and, on the flip-side, make sure the professors are all in line on this position. Dean: Dat be making I a bull bucka. Ya no see it? JBA: Yes, I do see the position that puts you in. The least of your concerns shouldn't be whether you'll be perceived as a bully or not. The students will know what they have to do. What you have to do is make sure that the professors comply with and understand our recommendations. Dean: How I be doing dat? JBA: You once expressed to me your intentions of attracting students that will be content with studying law here. By the same token, you have to hire professors that are content withteaching law in the traditional manner. This is not Antioch or Northeastern. Forget about concentrating on alternative methods to teaching law or attracting groups that were previously kept out of the legal profession. The JBA has higher goals for JA Law School. The trend is to return to the traditional way of law school teaching, hiring, admissions and administration. Dean: Explain man what you be saying? JBA: JALaw should get into the Darwin mode. Some make it, some don't. Understand what I'm saying? As far as professors are concerned, some stay and some don't. If you read in between the lines of our report Guild Perspectives and the recommendations that we've outlined, it's clear that you don't need professors that will teach law utilizing our nation's foreign policy as a background. A law student's time should be spend studying law in the Langdellian manner and not thinking about foreign or national issues of our time. These things will be understood when they graduate. Hopefully not, but you understand don't you? Dean: To the fullness. JBA: I wish you success and should you have any questions, feel free to give me a call. Oh by the way, I saw last semester's grades. I must hand congratulate you, you're a fast worker. Take care and keep up the excellent work. Now get to work on the professors. by Andrew Bechard and Molly Dwyer James Baldwin Remembered By Buffalo Guild Chapter On December 1 of last year a number of Guild members were saddened to learn of the death of James Baldwin. The Harlem-born author of "Go Tell It on the Mountain," "Notes of a Native Son," "Nobody Knows My Name," and "The Fire Next Time" enriched and enlivened our political lives and engaged our imaginations. In the December 20 New York Times book review, Amiri Baraka wrote that Mr. Baldwin's voice, just as much as Dr. Martin Luther King's or Malcolm X's, helped to shepherd and guide black liberation. We agree. In tribute to Mr. Baldwin we reprint his essay published in 1964, "We Can Change the Country," and ask how much has really changed since it was written. People will cite the Civil Rights Act of 1964 and subsequent legislation and litigation. Unfortunately, legislation and litigation do not always change a person's opinion and the violence thatsuch an opinion motivates. We cite Howard Beach. As always, we welcome any and all responses: * # * — It is theAmerican Republic repeat, the American Republic which created something which they call a "nigger." They created it out of necessities of their own. The nature of the crisis is that I am not a "nigger" I never was. I am a man. The question with which the country is confronted is this: Why do you need a "nigger" in — — the first place, and what are you going to do about him now that he's moved out ofhis place? Because I am not what you said I was. And if my place, as it turns out, is not my place, then you are not what you said you were, and where is your place? There has never been in this country a Negro problem. I have never been upset by the fact that I have a broad nose, big lips and kinky hair. You got upset. And now you must ask yourself why. I, for example, do not bring down property values when I move in. You bring them down when you move out. Now there are several concrete and dangerous things that we must do to prevent the murder and please remember that there are several ways to — — murder of futurechildren (by which I mean both black and white children). And one of them, and perhaps the most important, is to take a very hard look at our economic structure and our political institutions. For example, the North (for as long as I've been in the North, and I was born in the North) has prided itself on not being like the Southern racists. In the North they don't have signs up saying "white" and "colored." No one tells you where you can and cannot go. In the North, you have to find that out day by day, by what we call trial and error. But the moment you go anywhere near what The Man is really concerned about I mean his pocketbook— what happened in Bir- — mingham happens in New York. New York is a segregated city. It is not segregated by accident: it is not an act of God that keeps the Negroes in Harlem. It is the real estate boards and the banks that do it. And when you attack that, that's where the power is. For example, I ask all of you to ask yourselves what would happen if Harlem refused to pay the rent for a month. We've got to bring the cat out of hiding. And where is he? He's hiding in the bank. We've got to flush him out. We have to begin a massive campaign of civil disobedience. I mean nationwide. And this is no stage joke. Some laws should not be obeyed. Right View Pete by James McClusky duPont Offers Interesting Views On What Is "Right" by James P. McClusky The 1988 Republican presidential race is currently a twoman contest: George Bush and Robert Dole. Fortunately for Republicans, the other candidates have kept the race interesting. These other candidates have decided against running on their resumes and instead are offering interesting ideas and solutions to current problems. This is a dangerous tactic for a frontrunner because he risks alienating delegates and voter blocs which, due to a process dominated by caucuses and low-turnout primaries, may have a disproportionate influence in the process. This, however, is the only alternative for the second-tier candidates who must run that risk in order to achieve greater notoriety and credibility. One candidate who has set out from the beginning to distinguish himself is Pierre (Pete) Samuel dv Pont IV. The 52-yearold dv Pont graduated from Princeton and Harvard Law School, was a three-term United States Representative from Delaware and a two-term governor of the same state. More important than his record, Pete dv Pont has distinguished himself as an icono- clast. He is willing to question sacrosanct social programs that the leading contenders of both parties fear to address. Although not lacking ideas forforeign policy, his campaign has stressed five domestic issues which are aimed at helping families get ahead in the nineties. First, dv Pont proposes to phase out farm subsidies gradually over a five-year period. Currently farm subsidies encourage production of unneeded food products which go to waste as government-held surplus. He answers the small farmers' fears that they will be taken over by large conglomerates by pointing out "supermarkets did not drive out momand-pop stores. They just changed what they sold." A second proposal is for a voucher system for education. His argument for this is a simple free market approach. American public education lags because it is a monopoly. Under a voucher program school systems would compete against each other for "voucher dollars." Students would not have to accept the mediocrity which exists in most of the current public school systems. Another proposal in effect re- vives the New Deal WPA. That is, all able-bodied welfare recipients who failed to find jobs would get government jobs at 90 percent of the minimum wage. He defends this admittedly make-work program on psychological grounds. "Paying somebody for something is always better than paying them for nothing." He also proposes drug testing for those who desire a driver's license. This is an issue about which he is frequently questioned, and he has a prepared list of statistics which show "[t]wo-thirds of a recent batch of applicants to the District of Columbia's police force failed a cocaine test. Forty percent of doctors use drugs; one in six truck drivers." Dv Pont compares such testing to airport security searches. Although it invades privacy it is minimal and those concerned can avoid the invasion by not applying to the government for a driver's license. His fifth proposal is to restructure Social Security before the baby-boomers retire and Social Security taxes double. His analysis is simple. Since the baby-boom generation is larger than the generation which follows it, taxes must rise or bene- fits must fall. Dv Pont proposes the establishment of a parallel system in which taxpayers can pay into "super IRAs" while receiving tax credits for such payments. The taxpayer then would draw from the "super IRA" rather than draining the Social Security reserves. A dv Pont nomination is un- likely at best. But early victories by Dole over Bush could force the frontrunners and the electorate to recognize alternative candidates and/or their ideas. With luck, New York State Republicans can still have dv Pont as a viable candidate at thetime of New York State's April 19th primary. Law Soccer Team Kicks Off by Alexei Schacht (SISL), at the Sportsplex facility The Buffalo Law School indoor soccer team, the Barristers, has begun yet anotherseason in the hopes of continuing its winning ways. The Barristers are sponsored by the Barrister Information Systems Corporation. All games are Thursday nights in a city-wide league, the Sportsplex Indoor Soccer League in North Tonawanda. Thus far this semester, the Barristers are 1 and 0 after having won their first game by a lopsided score of 12 to 2. Anyone interested in coming out to support the Barristers should contact third-year student and team captain Kurt Mieth, who can provide you with a Barrister schedule. 2?* »•** H 415 Seventh Avenue. Suite 62 New York. New York 10001 (212) (201) 623-J36J February 3, 1988 The Opinion 7 �Which Bar Review Doesn't Charge Extra For Its Extras ? —IA certain bar review course which charges an extra $95 to $225 SMH Bar *WoKaplanReview Services which for its "multistate workshop." includes a comprehensive Multistate Question Volume, 18 hours of in-class Multistate Question analysis, 2 practice exams, and a Diagnostic Analysis to identify strengths and weaknesses, all woven into an integrated review course at no extra charge. Ask The Right Questions, Get The Right Answers* David Fretz Bill Hair Leslie Gleisner Deborah Morel Peter Ryan Krista Hughes Michael Lamica Lisa Sizeland Greg Maxwell See your Campus Rep, or call: ITTB STANLEY H. - AN-SMH iVIKAPI r» V 15t7~ I V — H *JIWMI L 1BAR REVIEW SERVICES ©1987 Kaplan-SMH 8 The Opinion February 3, 1988 BUFFALO AREA Stanley H. Kaplan Ed. Ctr. Ltd. I **> Niagara Falls Blvd. Tonawanda, New York 14150 (716) 837-8022 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: Isn't that what a Bar Review Course is all about? PIEPER NEW YORK-MULTiSTATE BAR REVIEW, LTD. 90 willis avenue, mineola, new york 11520 phone: (516) 747-4311 The Bar Course That Cares. February 3, 1988 The Opinion 9 �Off The Court by Andrew Culbertson Snyder Provokes Strong Response In Sports World About nine months ago, I decided to watch Night Line instead of Carson. One of Ted Koppel's guests was Al Campanis, general manager for the Los Angeles Dodgers. The interview began fairly normally until Koppel asked Campanis why there were no blacks managing major league baseball teams. When Campanis replied that it was due to the fact that black people lack "some of the necessities" essential to performing this job, I did a double-take. Evidently, so did Koppel, who seemed as surprised as I was. When given an opportunity to explain this statement, Campanis attempted to justify what he had said. Unfortunately, his "justifications" merely compounded what he had said. Several days later, Campanis resigned in disgrace. Last week, when I learned that Jimmy "The Greek" Snyder had been fired by CBS for making racially offensive statements, I was naturally reminded of the Campanis incident. What surprised me the most about Snyder's comments was not what he had said, but the fact that he said them on camera. der. Following the disgrace Campanis suffered, I was sure that every major sports executive and/or commentator would be extremely careful not to make the same mistake. Apparently, I was wrong. As deplorable and offensive as each of these incidents was, they each give a good indication of how deep the problem of racism actually goes. The views expressed by Campanis and Snyder came across as views that each one literally took for granted. Campanis had the attitude that it's an accepted fact that blacks aren't capable of managing a major league baseball team, and that there was nothing wrong with making such a statement. If he really believed that his beliefs were racially offensive, he never would have expressed them so candidly on national television. The same can be said for Snyder's comment that if "blacks are allowed to coach, there will be no room left for the white man in professional sports." When a person in Snyder's po- Overseas Programs Offered The University of San Diego Law School will offer clinical placements in Dublin, London, Mexico City, and Paris this summer. In Paris and London, secondyear students may work in law firms and corporate counsel offices specializing in EEC law, international financial law, and international business law in general. There are a few opportunities with international organizations in Paris. Most of the placements last six weeks and carry academic credit. London on internatinal business, Mexico on law of the Americas, Oxford on non-business Anglo-American comparative law, Paris on international and comparative law generally, and Russia-Poland on eastwest trade and socialist law. For further information, write Mrs. Sue Coursey, USD Law School, Alcala Park, San Diego, CA Dublin focus more broadly on a variety of legal matters. London internships with barristers cover a full range of English trial work. These internships are available to first-year students. Six summer programs are offered by USD. They are Dublin on international human rights, Presumably, Snyder is friends with many sports figures, including team owners and executives. Is this their rationale? Is this the reason why blacks have been given sparse opportunities to coach and hold front-office positions in professional sports? At the same time, how many sports executives share the attitude of Al Campanis? How many of them actually believe that black people don't have the ability to coach a professional sports team? Could this be the reason why blacks have been given limited opportunities to coach within professional sports? As speculative as these theories may be, the fact remains that for whatever reasons, blacks have been unduly discriminated against within the realm of professional sports. If nothing else, the mistakes made by Campanis and Snyder have given new life to the problem of discrimination tbat exists within these areas. So far, organizations have been able to vindicate themselves by simply firing the employee who made the particular comments. However, I believe, and strongly hope, that the next time an incidentlike this occurs, the particular organization will be forced to do more than simply fire the offending employee. To fully vindicate itself, the organization will have to hire a black head-coach or general manager to prove that it in no way condones the views displayed by the particular employee. The botton line is that racism has been a problem, and will probably always be a problem, within this society. The sports profession is obviously no exception. As long as white people continue to dominate the management side of professional sports, the problem of discrimination will continue. Now that the problem has reemerged within the media, this is the best time to attack the problem. Although sports organizations are beginning to feel the pressure (to hire blacks), more pressure has to be applied. A good example is the Green Bay Packers, a team that recently lost its head coach. The pressure is definitely there for the Packers to hire a black headcoach. Whether they will or not remains to be seen. At the present time, there are approximately 70 black assistant coaches in the NFL. To date there has never been a black head-coach in the NFL. Frankly, I think it's sad that the problem has to be attacked in this manner. If organizations hire blacks only because they are pressured to, this remedy could prove to be a quick-fix instead of a long-term solution. Unfortunately, this seems to be the most practical means of achieving this goal. Hopefully, if enough blacks are hired in this manner, they will become a fixture within professional sports organizations, not just temporary tokens. For all the people who really believe that blacks aren't capable of coaching in the big time, I have one telling statistic. John Thompson and K.C. Jones, both black basketball coaches, have coached their teams (Jones with the Boston Celtics and Thompson with Georgetown) to seven championship appearances in this decade. That's more than any other two coaches combined within the NBA and NCAA Division I. Take that, Al Campanis. Tulane IB y lull/ jJIIMjJ S I JYI/lf if 92110. i SUMMER LAW STUDY * Tulane Law School offers the finest summer study programs in maritime, international, and comparative law in exotic in The student's work depends on the legal problems available in the office assigned. Students can expect to do research and draft contracts, opinion letters, and memos. They may particiin client interviews, pate negotiating sessions, and firm strategy planning meetings. Internships in Mexico and sition makes this type of statement, it has to make you won- Dublin London Mexico Oxford Paris Russia-Poland San Diego Greece Foreign Law Programs ' En9 and Univ of San Diego School of Law Alcala Park, San Diego CA 92110 DJ J Univcrsil y ii| Siin Dk. t July 18-August 12 All courses taught in English Tuition $1,000 for two sessions, $600 for one session. Deadline for registering May 1, 1988. ( 415 Seventh Avenue. Suite 62 New York. New York 10001 (212)594-5696 (201) 623 3363 10 TheOtJmiori \—' — February 3, 1988" For more information write : Director of Records Tulane Law School New Orleans, LA 70118 or call 504/865-5935. �AAUW Sets 1988 Awards Interest-free loans for women and students, fellowships postfor doctoral and grants doctoral study and research, funds for community projects and a legal advocacy fund are a few of the benefits provided to the academic community by the American Association of University Women (AAUW). Buffalo Branch, AAUW, is collecting used books of all kinds, from paperbacks to encyclopedias, for the 34th annual sale April 6-9 to raise funds to continue these services. Donations of books are taxdeductible, and may be made by calling 834-6731 for pickup in the greater Buffalo area, including East AmhersJ, Clarence, the Southtowns and Grand Island. The Downtown YWCA on Franklin Street, and Emma Bookstore at 168 Elmwood Aye., Buffalo, will accept books during business hours. AAUW Award To Be Given The AAUW Legal Advocacy Fund was established in 1983 to provide financial assistance, support, and advice to women involved in sex discrimination lawsuits in higher education. The Fund is now accepting nominationsfor the 1988 Progress in Equity Award, which is given in recognition of a college or university program that has advanced equity for women. Nominated programs should have resulted in significant progress toward equity for women faculty, students, and/ or staff; be innovative, and be replicable at other institutions. Nominations should be sent to: American Association of University Women, 2401 Virginia Aye., N.W., Washington, DC 20037. Membership is open to men and women with a baccalaureate degree from a regionally accredited college or university, or a foreign institution recognized by the International University Federation of Women. International Socialist Organization Plans Talks — TUESDAY, FEBRUARY 16 7:30 P.M. Room 8, Diefendorf Annex, U.B. South Campus Mike Ondrusek on "Why Half the World Starves." 10:00 P.M. WEDNESDAY, FEBRUARY 17 — Nietzsche's, 248 Allen Street ISO Benefit Concert. ($2.00 Admission) TUESDAY, MARCH 1 — 7:30 P.M. Campus Room 8, Diefendorf Annex, U.B. South Marten Clibbens on "State Capitalism." (Public Meeting) — TUESDAY, MARCH 15 7:30 P.M. Room 8, Diefendorf Annex, U.B. South Campus Brian Erway on "South Africa: Black Workers Fight Back." (Public Meeting) LEGAL MANIA Pat Mieli )£jf The Official Spring 1988 PUBLICATION SCHEDULE Issue 28:8 28:9 28:10 28:11 28:12 29:1 Deadline January 25 February 8 February 22 March 7 March 21 April 1 Layout January 28 February 11 February 25 March 10 March 24 April 14 Publication February 3 February 17 March 2 March 16 April 5 April 20 ALL SUBMISSIONS MUST BE TYPED AND HANDED IN NO LATER THAN 4:00 P.M. ON THE DEADLINE DATE. tf%\\ WJh Submit all articles to: The OPINION OFFICE, 724 O'Brian Hall, or to ZULMA BODON (Box 628) or KRISTA HUGHES (Box 738). ) ffimJm J/j^Cli February 3, 1988 The Opinion 11 �Don't leave Law School without it. ■ ■ur book is recognized in over 42 states as the best. rfSf+ ■ A. BAR/BRI is your first choice in: Alabama, Alaska, Arizona, Arkansas, Callfor- I nia, Colorado, Connecticut. Delaware, D.C., Florida, Georgia, Hawaii, Idaho, Illinois, Kentucky, Maine. Maryland. Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina. Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington and Wisconsin. P^^ tofcrr BAR REVIEW 12 The Opinion February 3, 1988 reputation earned by outperforming the competition each and every year. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-02-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/3/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c0e20b6f4adcda103aa1ef5967c28d04.pdf 9d397adf575ef576d4bd18c41acf00a2 PDF Text Text THE OPINION Volume 28, No. 7 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW December 1, 1987 Enforcement Provision Needed on Harassment Policy ment in the law school. by Zulma Bodon Several weeks ago the law school announced the "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harrassment." The policy clearly states that racist, sexist and other undesirable conduct will be sanctioned by the faculty. More specifically, the language in the statement warns that "racist, sexist, homophobic and anti-lesbian,.ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty." What motivated the adoption of this policy statement? Obvi- Dean Wade Newhouse ously, a decision to endorse a statement containing such forceful and determined language could not just come out of thin air. Something of significant concern must have compelled the faculty to go on record and declare a strong warning regarding acts of harrass- It is public knowledge that last year there were a number of unpleasant incidents involving abusive conduct and personal threats on gay students and on feminist women. The people responsible for the attacks remain anonymous. Although Dean Newhouse would not comment on the particularities of the incidents, he did admit that the events were motivated by racist and sexist attitudes: "I am not going to rehash the facts of the events even though these were serious incidents, both racial and sexist." He stressed the significance of the statement which was endorsed by the faculty "unani- Kunstler to Speak at Commencement by John Bonazzi The speaker for next year's commencement address will be civil rights activist William Kunstler. Maureen Casey, a member of the Commencement Committee, confirmed thatKunstler has been selected to -speak at the 1988 commencement on Sunday, May 22, 1988. Ms. Casey stated that in October a memo had been placed in all third-year students' mailboxes, soliciting suggestions for commencement speakers. From the 20 or so responses, invitations were extended to various public figures. Kunstler accepted the invitation and became the committee's choice. Kunstler is a New York City attorney who specializes in civil rights and constitutional law, and is affiliated with the Center for Constitutional Rights in NYC. He was very involved with prisoners' issuesduringthedisturbance at the Attica Correctional Facility in the early 19705, and more recently, has been involved in the legal battle regarding the Bernard Goetz subway-shooting affair. Although the speaker has been selected, that does not mean that the process is now complete. According to Ms. Casey, there will be a general meeting for third-year students at the beginning of next semester to discuss plans for fundraisers (students are responsi- ble for paying for the reception following the commencement exercises), picking the faculty speaker, and formalizing the remaining details. There will be a reception immediately following the commencement at Samuel's Grand Manor on Main Street in Clarence. Samuel's Grand Manor was chosen over the Airport Sheraton due to its closer proximity, better facilities, and lower price. Ms. Casey and Paul Prentiss, who comprise the Commencement Committee, ask that all third-year students interested in helping to plan their commencement contact one of them, or leave a note in Box #646. Cascio Receives Chancellor's Award by Andrew Bechard Another memberof theSears Law Library Staff at UB Law has been recognized by the State University of New York for excellence in their work. Nina Cascio, International Law Librarian and head of the M. Robert Koren CenterforClinical Legal Education, was recently given the SUNY Chancellors Award for Excellence in Librarianship for 1987. Notified in May that she was the recipient of the award, in a recent interview Ms. Cascio said, "It was a very nice honor to be recognized with it (the award). My colleagues contributed a lot to this to allow me to be able to actually do a lot of different and creative things because of the encouragement of my colleagues. Freedom to explore ideas and develop them into practice contributed to this (award)." One of the ideas being pursued by Ms. Cascio has been the development of a Human Rights File to supplement the general law library collection. The Human Rights File, which can be found near the reference desk on the second floor of the — library, is composed of descriptions of and sample publica- documentation which is more detailed and current than that which is found in most articles and books." She added that it is often hard for students to get ready access to the specialized information that is found in the Human Rights File and that the file gives students a good base of very current information upon which to supplement their research. The file is also used as a library collection development tool Ms. Cascio peruses the material that is sent to the UB Law Library for the file and identifies which material should be kept for the permanent UB Law Library collection. Nina Cascio received both a J.D. and Masters in Library Science degrees from the University at Buffalo as well as a B.A. in English Literature from SUNY at Binghamton. She has — Nina Cascio tions from the various human rights organizations and agencies in North America. The file was developed by Cascio to serve the law school community at targe and more specifically for those with a decided interest in human rights; for example, members of the UB Graduate Group on Human Rights or those students in law seminars with internationallaw aspects. Cascio commented that the Human File was Rights ephemeral human rights "... continued on page 2 SBA ELECTION RESULTS FOR FIRST YEAR DIRECTOR *Elizabeth Bannigan, 51 votes Melanie Jenkins, 18 votes Rohan Marshall, 39 votes Keith Woodside, 21 votes mously, resoundly, and after thorough consideration of a draft submitted by a committee of faculty." Professor Isabel Marcus, who participated in the committee that drafted the statement, agreed that the particularities of the incidents are not as important as the fact that the events were the fruit of "stereotypes and prejudices." She said that the combination of the substance of the incidents and the anonymity of the perpetrators "is often a clear indicator that the actions were motivated by unattractive factors." The faculty statement should be applauded and embracedby every law student who believes in human equality and decency. The statement represents a major step toward creating more awareness and support for diversity and freedom of expression in the law school. Its strength, however, might be diluted by the absence of a formal mechanism designed to address specific charges of racial and sexual harrassment. In this regard, Marcus warns: "The lack of a formal mechanism should not be mistaken for a weakness of the policy intent I think that, at this point, it was not clear how we should proceed given the nature of the incidents." Professor Charles Carr, who also participated in the drafting of the statement, explained that the discussion surrounding the policy statement focused on the immediate need "to make some statement to people in our own house about what we thought proper procedures and attitudes are, particularly within the classroom where it is more likely that a member of the faculty is going to be confronted with a statement that shows some kind of insensitivity." Marcus expressed a similar view: "There was a concern that something had to be said .. continued on page5 Profs. Albert and Leary To Be New Associate Deans by Alexei Schacht While there has been much written lately about David Filvaroff, the law school's new Dean, the law school will also be getting two new Associate Deans in January. The current Associate Deans, Marjorie Girth and John Henry Schlegel, will be replaced by Lee Albert and Virginia Leary, two veteran law school faculty members chosen by Filvaroff. While it should be noted that the changing of the Associate Deans is a routine event, the functions of the affected faculty members will change as a result. Virginia Leary will be in charge of Student Affairs, presently Dean Girth's responsibility; however, it is still somewhat unclear exactly what the new Associate Deans' roles will be. Nonetheless, Professor Albert made it clear that he is willing to do whatever Dean Filvaroff asks of him. In this vein, Albert said that he hoped to be "particularly helpful during the early years of David's Deanship." Part of that job, said Albert, would include acquainting Filvaroff with the "folkways" at Buffalo Law School. Because of Albert's new duties as Associate Dean his teaching load will be lightened. For instance, next semester he will be teaching his seminar in constitutional litigation but not constitutional law, or any other course, as he is this semester. Albert, who seems eager to begin working with Filvaroff and Leary, said, "I can't wait until the new Dean designate and the new Associate Dean designate get back to Buffalo." As for Professor Leary, she is Prof. Lee Albert away on sabbatical, and could not be reached for comment. Dean Newhouse said he will take a sabbatical next semester and will finish the collective bargaining materials that he has been working on. Then, in the fall of 1988, Newhouse will resume his full teaching load. Associate Dean Girth will be returning to full-time teaching duties next semester. She will teach her course in DebtorCreditor Law and a seminar on gender-based discrimination. Girth will also continue her work on the Erie County Task Force on Women and on the New York State Bar Association's Task Force on Women in the Courts. Associate Dean Schlegel is away and could not be reached for comment. Inside . . ..... BPILP Speakers Res Ipsa Loquitur ... Guild Perspectives ... "The Right View" ... Josephson BRC .... Moot Court 3 7 7 8 9 11 �SBA Subcommittees Formulate Their Initial Proposals The SBA poll of student suggestions has defined nine issue areas on which the student body believes Dean Filvaroff must be briefed. By building on and amending the initial statements, which are outlined below, a well-argued and representative student position can be developed. This effort will demonstrate the concern and cohesiveness of the student body and will convince Dean Filvaroff to take student opinions confidently into consideration when setting policy for our law school. CURRICULUM Krista Hughes, Kelley Omel, John Williams The subcommittee for addressing the curriculum is planning on bringing several issues to the attention of the dean. Besides suggesting specific courses which would benefit the law school, the committee will be examining two primary issues. Thefirst is whether ConTorts should be a first-year course or whether it should be an upperclass elective. Second is whether there should be a greater concentration on "black letter," Bar-related courses or whether the law school should continue its emphasis on evaluative and interdisciplinary courses. REGISTRATION John Bonazzi The subcommittee is very concerned with the registration process here at ÜB. It has always been the source of much student dissatisfaction and displeasure and must be changed, as it maximizes frustration and minimizes efficiency. Basically, there are five improvements urged by the subcommittee as the result of your comments. First, registration for the fall semester must occur during the spring and not the summer. This will allow for students to receive guidance from upperclassmen. Also, any student receiving less than four courses should be allowed to have his/her request resubmitted. It is not fair to require them to fight for additional classes with the rest of us who already have four classes. Students seem upset that A & R does not have a single clue as to the numberof people on waiting lists, what classes are closed, etc. A suggested remedy involves using student volunteers to chart the number of people in each class as students drop or add classes. This will allow students to make informed decisions about dropping/adding classes and will cut down considerably on the number of needless drop/add attempts. Furthermore, students appear dissatisfied with the present forced registration procedure. By allowing the students (or A & R if they insist) to keep official waiting lists, students can be automatically added to courses as others drop. Finally, students feel strongly that A & R needs to do two very important things: extend hours during both the week prior to and the first two weeks of classes, and create two add/drop lines. Students have grown tired of standing in one endlessly long line due to A & R's short hours, not knowing what classes are available or how many people are on the waiting lists, getting their add/drop requests rejected, obtaining another add/drop request, and then doing it all over again, and again, and again Please make an effort to inform the subcommittee of your reaction to the above. Things will only change with your active participation in the process. We look forward to your com- . ments. ADVISEMENT Kelley Omel The Advisement Subcommittee has been taking student suggestions regarding the pos- sibility of establishing a formalized advisement program. The two suggestions which are being considered are assigning students to professors in the first year, or assigning first-year students to upperclass students. The purpose of this advisement proposal would be to offer students the opportunity to discuss course selections and other problems which are related to attending law school. LIBRARY Karen Surber The Law Library should be a concern to all law students. The SBA Subcommittee for Developing Student Issues is trying to get all the student body at Buffalo Law School to openly voice their particular concerns with the Law Library. There have been some comments received about the library but there is a need for more suggestions if the subcommittee is going to be able to fully understand the students' concerns about the Law Library. Some of the suggestions received are the following: There was a request to address the problem of the lack of photocopiers in our library. There are currently only three photocopiers for the whole student body, which are not always working properly. Furthermore, there is a problem of too few seats for too many law students. Students have voiced a concern about having undergraduates in the Law Library. One of the problems with allowing undergraduates in the library is that the more undergraduates allowed in the library, the less seating for law students. Another recurring problem is the actual hours that the library is open. Students have suggested an increase in the library hours, particularly during exam time. We appreciate the suggestions given and we ask for more. RANKING Derek Akiwumi Since 1986 UB Law School's ranking in the Gourman Report has dropped from somewhere in the top 20 to 39. While we are still waiting for the results of the current ranking report, it is hoped that the members of thiscommittee will work diligently to pinpoint thefactors which have contributed to our recent decline in ranking among law schools. Once this task is finished we will present the findings to the dean. This report will contain student comments and suggestions on how we would like the new dean to address our concerns. LOUNGE/CAFETERIA Chuck Johnson The first floor student lounge is poorly lit, dismally furnished, and uncomfortably cold during the winter months. Dean David Filvaroff expressed a commonly felt view regarding O'Brian Hall generally in stating that there is essentially nothing in the layout or decor of this law school that would "bring a smile to someone's face." (The Opinion, October 28, 1987.) In addition to the absence of human engineering in the building, there are few places where law students can comfortably congregate, or grab a bite to eat between classes without being overrun by students from all other areas of the university. The law school is a thoroughfare for the university at large and there are few pleasant places for students and faculty to interact informally. These factors combine to create feelings of alienation and isolation among law students. A cafeteria and lounge could go a long way towards improving the situation. We recognize that space is a genuine problem. An attractive Candidate Brings Impressive Credentials by Zulma Bodon How a clinical program can have the most impact in meeting the needs of a community and in giving law students a "worthwhile" educational experience is perhaps the most important concern expressed by Judith Avner, candidate for a tenured faculty clinical position. During a brown bag lunch on Wednesday, November 11, a number of law students met with Avner and discovered that, as a candidate, she brings with her an impressive set of legal experiences (both statewide and nationally). Her credentials are not only impressive, but too numerous to outline. She came across as an interesting, experienced and exceptionally qualified candidate, and showed genuine interest and enthusiasm about joining our law school faculty. She seemed equally eager to have the chance to contribute a new and progressive approach to ÜB's family law clinic. In looking at the kinds of clinical experiences that can be combined to make the clinic a more exciting process, Avner talked about combining traditional litigation and legislative advocacy. She considers this type of advocacy an attractive 2 approach "whether that takes the point of view of statutory advocacy or regulatory development and implementation" because "there is so much more involvement on the part of government in the family, a much more intrusive way than there ever has been before." This reality, she added, presents the opportunity to explore newforms of advocacy. Although Avner recognizes that this clinical mode can be frustrating, she thinks it helps students develop a better understanding for what the dynamics of the process are when attempting to produce structural change. Another technique envisioned by Avner is appellate advocacy. Involvement in this area, she explained, allows lawyers to have a broader impact: "You can only have so much impact in direct services In doing individual services you have a very limited impact on systemic problems, whereas if you are involved in appellate advocacy you are given the opportunity to have a much broader im- ... pact." From a student's point of view, Avner commented, the most significant aspect of combining these types of advocacy techniques is that it changes the The Opinion December 1, 1987 narrow perception that there is only one particular mode of advocacy, and that "we are not as agile in assessing other forms that might be available and that ultimately might be more productive in the end." Avner thinks her approach is also useful in any number of substantive areas. In particular, she stressed state and local government law: "Advocating on behalf of consumers of services and recognizing that there is a lot that happens between the state and the delivery of services and between what people want and the way policy is developed by the state" is a way to get good hands-on experiences while combining various advocacy modes. Although Avner admits she lacks "the best working knowledge of Western New York," she has had some working contact with the organized women's groups in this part of the state. As director of the New York State Division of Women, Avner has provided technical assistance and support for the work of the Erie County report on the status of women. Because of herlimited knowledge and impressions about Buffalo, Avner would not make any assumptions about the needs of the community. "I would not presume to identify for the community what its needs are, but rather to hear people articulate those needs." Avner has always enjoyed teaching. She feels the classroom provides her the opportunity to combine several interests, including the constant interaction with students and the chance to do advocacy. More importantly, teaching allows her to think, "to step back and look at broader issues in orderto develop theoriesand institutional responses to problems." Equally important to Avner is that teaching is a process by which she can share "interesting insights and perspectives" as well as to introduce her view of the world and how things work best within that world. This teaching approach, Avner concluded, would work most effectively when clinics are given the institutional support and recognition needed to pursue the , integration of abstract and experiential learning. The decision to make this a tenure-track clinical position is a demonstration of our law school's commitment to recognize the important role clinical programs play in legal education. student lounge and cafeteria might be placed in either the present first floor lounge area or iti the basement of O'Brian Hall. The benefit of the first floor location is easy proximity to classrooms and other high traffic areas of the law school. The disadvantages of the location include its space limitations and the room's arctic temperatures in the winter months. Moreover, the use of the space as a cafeteria and lounge could conflict with its current use as a meeting place for law school organizations. Although the removal of some of the lockers in the basement could be a problem, given the spaciousness of the area and its isolation from the heavy traffic upstairs, the basement may serve as the best location. While there has been discussion of partitioning a portion of the library for the creation of a cafeteria and lounge, many in the student body have substantial concerns about such an alternative.The law library is central to our professional training. Given the special requirements in maintaining a first rate library, we do not believe it prudent for the creation of a cafeteria and lounge to come at the expense of scarce library space. Undoubtedly, limited resources such as space and dollars must be spread equitably between numerous competing and legitimate projects. Yet the law school student body believes that the creation of a student cafeteria and-lounge is a paramount concern if we are to improve the quality of life and encourage greater interaction between students and faculty within our academic community. FINANCIAL AID/ LOAN FORGIVENESS lan Fitzpatrick, Suzanne Unger Incoming Dean David Filvaroff has raised the possibility of increasing funding and staffing for financial aid. For these improvements to become a reality, the students must articulate their needs in this area and lend their support to the Dean when he seeks the necessary funding from Albany and other sources. This year, students have faced loan processing delays because of poor administration in thefinancial aid office. Even the SBA has been asked to contribute to the emergency loan fund Cascio ... continued on page 8 from page 1 published an article on NEXIS, the computerized news database, and is working on other articles concerning human rights research. Cascio's duties also include helping people use the seventh floor Foreign Law collection and the International Law collection on the sixth floor. In addition, as head of the M. Robert Koren Center for Clinical Legal Education, Cascio administers the videotaping facilities of the Koren Center on the fifth floor of the law library. Ellen Gibson, director of the law library, commented, "We are extremely pleased and very proud that we have Nina here with us. It is rare for a library with a collection and staff our size to have two SUNY Chancellor Award winners with us." Marcia Zubrow, Reference Librarian at the UB Law Library, is also a past recipient of the Chancellors award. �Speakers Discuss Our Legal System Seminar Papers Being by Michael Kulla On Thursday, November 12, in the faculty lounge. The Buffalo Public Interest Law Program (BPILP) sponsored two speakers. They were Erie County's Chief Assistant District Attorney Chris Belling and Chief Assistant Public Defender Dan Berry, and the topic was "Does the Legal System Really Work to Help the Poor?" Both Belling and Berry discussed the structure of their respective offices and what cases their offices handled. Berry noted thathe works at theLegal Aid Bureau of Buffalo, which is a private corporation. There is no "Public Defender's Office" per se. Legal Aid handles criminal cases (i.e., misdemeanors and felonies) through the preliminary stage at City Court. Should the case be sent to the County Court level for a grand jury hearing, the case is handed over to the Assigned Counsel Program. The attorneys involved in that program place their names with that office and are called to represent clients as their name comes up on the program's list- ing. Attorneys are not required to participate, but the placement of their names in the program is strongly suggested. Belling reflected on his work experience at the DA's office. He claimed he obtainedhis education on criminal procedure and evidence through his early years of working at that office. Another lesson he learned is thatpeople whocommit crimes usually do not plan out their acts thoroughly. He recalled several humorous storiesabout cases he worked on where the planning of the crime was a low priority. Berry talked of the high volume of cases that came through the Legal Aid Bureau last year, approximately 10,000. This large number raises the issue of whether these individuals are receiving adequate treatment from the criminal justice system. Often, cases are rushed through the system and many are placed in other areas, such as social services, because all the cases cannot be handled by the courts. One result of this process is theloss of individuality felt by the people who pass through the system. These thoughts were echoed by Belling. For himself, he has a practical approach to case resolution. He accepts the fact that plea bargaining must be used as a means to reduce the court's burdensome caseload. Another way to achieve this end is by an examination of the facts to find a way to dispose of some cases. For example, he claims serious repeat offenders are between the ages of 16 and 24. If a case comes up that involves a 25-year-old first offender, his attorney will argue this offense is an aberration and that the case should be resolved quickly, usually through plea bargaining to a lesser offense. As a way to resolve the problem of the heavy caseload, Berry suggested that all the money spent to put convicted criminals away in prison could be used to put those same people in therapeutic programs to enable them to function within the laws of society. One question Belling received concerned his feelings about the use by battered women of psychological selfdefense as a complete defense to murder. His response was that his professional and personal views merged; namely, he feels the legislature should be the one to propose such a change in the criminal law. He stated he would have no reservation in prosecuting a woman who asserted that defense until that occurs. The speakers drew an audience of nearly 40 students and faculty. This presentation was the first of several panel discussions BPILP plans to organize during the school year. HESC RefutesLoan DefaultRates Dr. Dolores E. Cross, President of the New York State Higher Education Services Corporation (HESC), has refuted thefederal loan default rates for colleges and vocational schools released by U.S. Education Secretary William Bennett, and warned that Bennett's outright inflation of the default level threatens access to higher education and is a thinly veiled manipulation of the public's concern for accountability. In releasing the federal default rates, Bennett also announced that by 1990 post-secondary institutions whose default rates exceed 20 percent could be barred from all federal student aid programs, under new federal rules. "Not only is it thedefault rate which I refute, it is Bennett's policy on default," said Dr. Cross. "I believe his policy is shortsighted and dangerous in the way that it misleads the public. He has promulgated a policy which disregards the steps that guarantee agencies, schools and lenders have been taking to control costs and to ensure accountability in the student loan program. "But even more, the Secretary, through his new policy, totally overlooks the progress we have achieved as a nation by helping those at the bottom to succeed. We cannot afford to restrict access in any way to do so would forfeit the future benefits that would accrue from an educated citizenry. We cannot cut out schools or programs as though they haven't made a difference." "We cannot afford to underestimate the vital role education has played in our nation's success stories," Dr. Cross added. "Nor can we ignore the increasingly important role student financial aid plays in making education available to all of particularly the our citizens poor and middle class." — — In a letter to chief executive officers of New York's colleges and lending institutions, college financial aid administrators and key members of Congress, Dr. Cross notes that the Education Secretary used flawed data and a flawed formula for calculating the default rates cited in the Federal Funds Information for State Institutional Default Rate Study (FFIS). She also urged the officials to speak out against the federal government's new approach to defaults. "The data source for the FFIS study is so flawed that even the Inspector General of the U.S. Department of Education recommended that it not be used to analyze Guaranteed Student Loan Program defaults," Dr. Cross said. "Problems with the study include missing records and the listing of schools that have been closed for years. Furthermore, the formula for calculating the rates is bound to lead to inflated figures because borrowers who have made full repayment were not included in the calculation. That fact alone may overstate-New York's default rate by 50 percent." Dr. Cross also took issue with the new federal rules which would bar from participation in federal student aid programs institutions whose default rates exceed 20 percent. "These rules will encourage schools to deny access to those they identify as high risk," said Dr. Cross. "Yet we know that many so-called high risk students have achieved and contributed greatly to our nation's success." "Balancing the Scales" Is the Focus ofLaw Day by lan Fitzpatrick With the theme "Balancing the Scales: The Next 100 Years," students and legal professionals from Western New York and the Northeast converged upon O'Brian Hall Nov. 21 for the 1987 Law Day Regional Conference. The program, sponsored by the Black Law Students Association, Latin American Law Students Association and the Asian American Law Students Association, gave participants insights into the changes in legal education of minority students, and the racial tension and career possibilities in the legal field. The conference is an annual event which promotes increased ethnic and cultural diversity within the legal profession. Umar Seabrook, the Law Day Committee Chairperson, with the help of the Law Day Committee, put together a program that gave aspiring attorneys a sense of hope that they could overcome the odds while painting a realistic portrait of the obstacles facing many minority law students and attorneys. Throughout the day, students and legal professionals had forums in which they discussed the status of minority legal education, admissions, financial aid, and racism in the world of the practicing attorney. The keynote address featured James Davis, author of "How to Succeed in Law School." Warmly received by the crowd, Davis told students how they could survive and ultimately succeed in the pressure-filled legal academic environment. Diana Harris, BLSA President, praised the conference for its "invaluable contribution" to the educational, social, and professional development of all the students who attended. Sought By "In The Public Interest" by Molly Dwyer In The Public Interest: An Alternative Law Journal is published annually by students in the law school at the State University of New York at Buffalo. The journal is committed to printing articles which examine i legal issues in their social, historical, and political contexts. The staff is committed to articles fostering a broad sense of social justice and equality. Staff membership is open to all students. This journal is distributed to law school libraries and public interest organizations around the country, and is indexed in periodical reviews. Our main source of material is seminar papers by law students. As all of you have to take two seminars during your stay here, there should be lots of pa; pers floating around. The best journal is one developed out of the largest number of articles considered. The best journal is one that is representative of the diversity present within this community. We ask that you please consider giving us a copy of your paper(s) to read and consider for publication. We ask thatyou urge your friends to submit articles. We ask that you urge your professors to steer articles our way. The entire editorial board reads each paper and then we select through consensus from the entire pool of submissions those best suited for publication. All our editorial decisions are hammered out collectively. There are no specific length qualifications and we are interested in a variety of subjects; we are not necessarily looking for traditonal research papers. We encourage the submission of journalistic accounts of an experience with a summer job or a clinic; interviews with persons involved in areas of interest; essays. Don't worry about Blue Book form. In short, we are open to suggestions. All articles are considered anonymously. You don't have to be worried about the rough state of your paper as, if selected, you will have the opportunity to work with our editors to tighten things up before publication. So: 1. Admit it. You have a couple of papers laying around the house. They're not bad. Come on you passed the course, didn't you? — 2. Admit it. The idea of publishing in a journal distributed nationally has some appeal to you. Think of your resume. Think of a glossy pre-packaged writing sample. 3. Okay. Act on these admissions. a) White out your name and fill in your social security number instead. b) Make three copies of your papers. c) Then get an envelope. Write down your name, the name Of the paper, your social security number and your phone number on a piece of paper and put it in the envelope. d) Drop the whole package off in room 118 or on box 682. Finished. All you have to lose is the cost of the copies. If you have any questions about any of this, please stop by room 118 and ask. Deadline for submission is January, 1988. Committee Targets Students Who Can Thrive at UB Law by Alexei Schacht This semester the law school faculty created a so-called Student Recruitment Committee. The members of the committee, appointed by Dean Wade Newhouse, are Errol Meidinger, Guyora Binder, Aundra Newell and Victor Thuronyi. The origin of the committee, according to Meidinger, "derives from a growing sense among the faculty that in order for the Buffalo project to succeed it is important to have students who can thrive in it." In other words, the committee will attempt to get students "who might be particularly happy here," said Meidinger. The committee was established, in part, to help Buffalo compete for students in the shrinking law student market. The Recruitment Committee has discussed several methods to help recruit students. The ideas are many and varied with the major obstacle to their success being access to funding. One goal of the committee, according to Meidinger, is to change some people's image of Buffalo as a "desolate and foreboding" place. This might be done, he said, while "trying to improve the array of images [of the school] in order to publicize it." With this in mind, two student photographers, Jim Hayden and Ray Deitz, will betaking photographs in and around the law school that might possibly be distributed at pre-law fairs and similar events at undergraduate schools. In this vein, the committee is also considering sending graduate assistants, supervised by Newell, on recruitment trips to various undergraduate schools. Some recruitment ideas involving the faculty include direct recruitment visits by faculty members, although this may be one option that is too costly or otherwise impractical. Another possibility is to have law school faculty contact colleagues in undergraduate institutions who could recommend Buffalo Law School to promising students. Two other ideas that seem to be good, but long-range, are "advertising in relevant periodicals" andthe making of videos. It is not decided which periodicals would be approved. Finally, one plan that seems to have enormous potential, according to Meidinger, involves attempts to "leverage Buffalo media" into covering the activities of law school students and alumni. Any readers with ideas regarding these plans are urged to contact one of the committee members withtheir comments. Because all of these plans are still at the formative stage their details are necessarily sketchy. Nonetheless, there seems to be a sense that, particularly with the arrival of the new Dean, David Filvaroff, the Student Recruitment Committee has enormous potential for success. December 1, 1987 The Opinion 3 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPE& ■ M I h| M ■ m [HI hj l ■ J J n JW Isn't that what a Bar Review Course is all about? PIEPER HEW YORK-MVLTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11520 (Sl6) 747-4311 The Bar Course That Cares, PHONE: 4 The Opinion December 1, 1987 II I I �Blum Speaks on the Reality ofNuclear Destruction by Daniel Ibarrondo On November 10,the Nuclear War Prevention Studies Graduate Group sponsored a lecture by Prof. Jeffrey Blum on the prevention of nuclear war. The possibility of global nuclear war is real. We are in the midst of a fast-moving melodrama, in a relatively shorttime period, in which the likelihood of nuclear war is imminent. Jeffrey Blum resounded this theme in the lecture on nuclear war prevention. Blum's analysis of the present situation was divided into two realities of our times: the reality of nuclear war and the risk of nuclear war. These two realities were divided into the alarming and paradoxical indicators that the risk of nuclear war is very real. Blum blasted out against the theory behind mutual assured destruction (MAD). That is, that a nuclear war can be avoided by escalating the arms race where we would show our superiority over the Soviet Union at every level of conflict and they would eventually back down from our threats. Blum, speaking against this theory of "escalation dominance," stated that, "What we really want to do is have a nuclear war where we would prevail, because we can then force the Soviets to back down and we can then be free to roam the world." This points out just one of the alarming realities. To talk of winning a nuclear war is ludicrous, Blum explained, given the known destructiveness that nuclear war would bring. The development of nuclear war weapons research and the development of these in Third World countries is another alarming facet of the arms escalation. This would serve for nothing more than placing regional conflicts into the realm of global conflicts. "The United States and the Soviet Union missed their chance to control nuclear weapon proliferation," said Blum. "There are now about eight other countries with nuclear weapons." There is a general feeling among those in the military field and advisors to the Presidentthat we can have a nuclear war with the Soviets and prevail. This notion is able to survive and expand through development of technology because of the lack of involvement and/or concern by individuals, students, professors and lay people. In this regard, Blum stated that "our political culture is outdated in our failure to realize that we are in a nuclear age. Politicians can talk about winning a nuclear war and it is considered as a gesture of bravery." He pointed out how during the Cuban Missile crisis the general response was that we had prevailed. Kennedy's repu- tation and respectability nearly tripled while nobody spoke about the possibility that an outright nuclearwarcould have happened. The paradigm to the threat of nuclear war is that we all know it exists, but nobody is quite ready or willing to grasp and deal with it. Very few people ask themselves, "What will I do now?" As a result of this lack of personal and individual involvement, the military interests, by default, have control of this issue and our public policy stands on their views. One solution to the arms race and threat of nuclear war is the establishment of a worldgovernment. In the graduate group's working paper, "Nuclear Risk, Historical Melodrama," prepared by Blum, it is stated that the establishment of a world government is not as Utopian as many people in the U.S. and U.S.S.R. would tend to believe. There is a real need for supra- national control of the problems of overproduction and underconsumption that is leading to economic depression on a global scale. This is the perennial problem of our times and all the ills of the world are witnesses to this fact. The Nuclear War Prevention Studies Graduate Group, a newly formed, campus-wide interdisciplinary organization, was formed to address the threat of massive destruction and extinction through nuclear holocaust. There will be one final lecture this semester given by Prof. Victor Thuronyi, and an upcoming two-day conference on April 89, 1988. The conference is entitled "The Causes and Prevention of Nuclear War: Where Are We Going—What Can Be Done?" and will feature Paul Warnke, former SALT II negotiator and Nobel Laureate and former Manhattan Project Scientist Hans Bethe. Judge Howe, Avery Speak at Brown Bag Lectures by Patricia Miceli The Association of Women Law Students began its Brown Bag Lecture Series on November 12 with a presentation by Professor Dianne Avery to a group of over 50 law students in the first floor lounge. Professor Avery's talk was entitled "Property Interests of Cohabitating Couples." The lecture dealt with a hypothetical "yuppie couple," David A. and Susan 8., who had entered into a relationship in which they attempted to achieve both intimacy and individual autonomy. Avery explored various economic choices of property interests including shelter, which required the couple to weigh competing values of dependency and self-reliance. . Prof. Diane Avery Avery argued that an intimate and autonomous relationship starting at a level of economic equilibrium between two individuals does not remain equal for long. Avery asserted the intimate and autonomous goals of the couple are illusory. In her concluding remarks, Avery asked Summers Abroad Program For '88 Offers Diversity CARLISLE, PA (November 9, Students who wish to study comparative and international law in Italy, Austria, France and Belgium next summer may enroll in the 1988 Summer Seminars Abroad program sponsored by The Dickinson School of Law. 1987) — Programs will be held in Flor- ence, Italy; Vienna, Austria; Strasbourg, France; and Brussels, Belgium during the summer of 1988. Students enrolled in law schools accredited by the Association of American Law Schools or the American Bar Association are eligible to apply for admission. Three two-credit courses will be offered in each program. The first summer program involves four weeks of study in Florence, Italy from June 6 to July 1. European scholars and practitioners will work with members of The Dickinson School of Law faculty to teach Comparative Criminal Law, Comparative Law, and International Law and the Arts. Students enrolled in the second summer program will participate in two consecutive twoweek sessions, the first in Vienna, Austria and the second in the students to consider whether the economic choices of a married couple are any different from those made by unmarried cohabitants. On November 19,the second Brown Bag Lecture was held and featured Barbara Howe, judge-elect for Buffalo City Court. Howe's talk, entitled "Social Scientific Approach to Running for Judicial Office And Winning," highlighted her recent campaign. She discussed how she used her background in sociology Strasbourg, France from July 3 to July 29. Courses in Comparative Civil and Criminal Procedure, Comparative and International Family Law, and Comparative Products Liability Law will be taught by Dickinson faculty and international legal scholars and practitioners. The third summer session involves four weeks of study in Brussels, Belgium from July 3 to July 29. Legal scholars from Europe and members of the Dickinson faculty will teach International Transportation Law, Legal Aspects of European Economic Integration, and Transnational Business Organizations. In addition to offering academic credit, each program will be structured to provide opportunities for students to develop an appreciation of the cultural and historical richness at each location. Dickinson has offered summers abroad programs since 1981. For more information, write Dr. Louis F. Del Duca, Associate Dean for Advanced Legal Education, The Dickinson School of Law, 150 South College Street, Carlisle, PA 17013, or call (717) 243-5529. . and law to make clear, effective campaigning choices. Those choices included concentrating on the primaries, campaigning where primary voters gathered (not just at any gathering), and campaigning among seniorcitizens. Howe said she did not eat at home for five months; she was always out among the people. The importance of target mailings was also stressed and Howe added that people are willing to vote for women. Barbara Howe holds a degree Faculty Statement to the students to remind them of the goals of this institution and thekind ofbasic civility and decency expected around here." Thus, initially, the primary 'objective was to make a statement of intent, a statement of "community," that would put people on notice "that repulsive behavior would not be dismissed as an issue because the faculty takes them very seriously," added Marcus. A question that should be raised is how effective can the policy be without a procedural structure for handling complaints? Both Marcus and Carr agree thatwhile the actual implementation of the policy is something the committee did not address, the position of the faculty is clear: any violation of the policy could result in letters to the Character and Fitness Committee of the Bar, expulsion from the law school, and/or references for criminal prosecution, if appropriate. Carr expressed this position emphatically: "I think this type of disciplinary action is something the law school faculty and administration have both a right and an obligation to do since we are the primary training vehicle [for the profession]." They also suggested that the Faculty and Student Relations Board (FSRB) might serve as the appropriate body for handling complaints. However, they indicated that it might be necessary to consider whether, procedurally, a particular disciplinary action falls within the purview of a university-wide in law and sociology. Currently she is an Associate Professor in Sociology, SUNY at Buffalo. Future events of the Association of Women Law Students include: Professor Charles Ewing, who will speak on "Battered Women Who Kill" on December 3 at 12:30 p.m. in the first floor lounge; March 8, International Women's Day; and the preparation of a position paper for Dean David Filvaroff. Those interested in joining AWLS should put a note in Box 271. from page 1 system since the law school is but another division of the university. But the question of whether the FSRB can perform the function of adjudicating charges of racial and sexual harassment remains unclear. Nils Olsen, a member of the FSRB committee, thinks that the existing mechanism of this body can be employed to handle the problem. "I don't know if any other committee structure would be appropriate, but if there is one committee that would be appropriate I assume it would be the FSRB." The FSRB, according to Olsen, is an adjudicatory committee that deals with such issues as academic dishonesty and faculty discretionary action. The committee holds hearings and draws conclusions after a thorough and careful examination of the facts. "academic conClearly, cerns" is the major context under which the FSRB committee operates. This suggests that the scope of this committee would need to be expanded to include the adjudication of new types of grievances. And even if the FSRB is viewed as the appropriate forum, does it have formal rules for handling the kinds of issuesaddressed in the policy statement? "I am not sure that there are formal rules with respect to the FSRB, there are with respect to academic dishonesty," Olsen explained. But he also indicated that the FSRB has a set of procedures defining how charges of academic dishonesty are handled. Again, this is an area which requires further exploration: whetherthere is a need to incorporate a new procedural structure to handle charges of sexual and racial harassment, or whether the existing mechanism of the FSRB is adequate enough to meet the needs of victims of abusive behavior. An alternative vehicle for enforcing the policy might be by administrative action. This approach seems plausible for incidents that involve criminal conduct. Olsen agrees: "If the incident involves criminal behavior or significant misbehavior, it seems to me that the Dean is the appropriate mechanism because he is going to act much more quickly and authoritatively than the FSRB." The Dean could also make a determination, Olsen added, whether the matter is one which is appropriate for the FSRB committee. In short, the faculty of this law school has found it necessary to address and define, with authority, what they consider to be unacceptable conduct. The policy statement is a clear and specific warning that they will take strong and assertive action to punish those who engage in "outrageous behavior." Although the statement should be welcomed as a step in the right direction, the prescription of a set of rules and procedures for implementing the policy is missing. Perhaps in the forthcoming months, as suggested by Marcus, the new Dean will ask the faculty to add this very important component to the policy. December 1, 1987 The Opinion 5 �OPINION fiSe STATE UNIVERSITY OF NEW YORK AT RUFFALO SCHOOL OF LAW Volume 28, No. 7 December 1, 1987 Editor-in-Chief: Krista Hughes Managing Editor: Zulma Bodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Susan J. Clerc, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Pat Miceli, Alexei Schacht, John Williams. Contributors: Derek Akiwumi, Martin Coleman, Karen Cornstock, lan Fitzpatrick, Chuck Johnson, Kelley Omel, Peter Ryan, Martin Sanchez-Rojas, Damon Scrota, Lisa Sizeland, Karen Surber, Suzanne Unger. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Faculty Statement Should Bring A Heightened Awareness Recently, the faculty of this law school formed a committee to address "intellectual freedom, tolerance and prohibited harassment." The efforts of this committee resulted in a statement which was adopted by the faculty on October 2, and a copy of which was placed in all law school mailboxes. The statement heartily encourages the free expression of ideas but, at the same time, cautions that with every grant of freedom there comes a need for responsibility. This statement by the faculty was prompted in part by last year's spate of blatant homophobic and misogynistic attacks within the law student body. It warns that disciplinary action, even to the extent of preventing admission to the Bar, will be taken against any person who engages in this type of behavior. Unfortunately, the person or persons responsible for last year's attacks have never been found and it is unlikely that anyone who might engage in such activity in the future could be easily identified and prosecuted. Thus it is difficult to imagine how this new policy will be effective in punishing the perpetrators of attacks such as the clearly revolting incidents of last year. However, the faculty statement is still a bold and commendable step toward obliterating bigotry of all kinds. One thing the new policy will do is to raise the general awareness to the kind of discrimination that occurs all the time within our classrooms and elsewhere in the school. Hopefully, this awareness-raising, which is aimed initially at the faculty, will trickle down to the entire student body. A recent article in the Wall Street Journal, entitled "Black College Students Are Viewed as Victims of a Subtle Racism" (W.S.J. 4/3/87), explains that prejudices and bigotry, blatant or subtle, are a problem on campuses nationwide. This article reveals that "minority students say they almost daily encounter stereotyped comments, harassment by security guards and prejudiced treatment by teachers." A faculty committee formed at MIT in 1984 reports that black students, and presumably other minorities, are "burdened by 'feelings of isolation, insecurity about the admissions selection process and the perception that non-minority students believed lower standards were used in the admission of minority students.' " Such attitudes on the part of non-minorities, students as well as teachers, can lead to false expectations of underperformance by minorities, and can ultimately become a very unfortunate self-fulfilling prophecy. It is distressing that our increasing chronological distance from the civil rights movement seems to be resulting in a sense of complacency or even apathy toward issues of racial, gender-based and sexual-preference-based inequities which are appearing in subtle forms with increasing frequency. Heightening faculty and student awareness to incidents of bigotry and prejudice is a solid beginning in the struggle against this complacency. Another step would be to make a sincere effort to increase the representation of minorities on the faculty. While this is a solution, albeit partial, which is "easier said than done," one effect of such an increase would be to afford minority students a greater sense of acceptance and possibly an interest group which would be more aware of racial and/or sexist slights. Until that time, however, faculty and students must become more attentive to "racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on group stereotype," and openly condemn such statements. Otherwise we will allow bigotry and prejudice to continue. 6 The Opinion December 1, 1987 Gays Are Entitled to Equal Protection by Martin Coleman The National Lawyers Guild seeks, above all, to challenge the legal community to step out of the shackles of its unjust legal traditions. In ourown local ,chapter of the Guild we have not yet fulfilled that goal this year. True, we did coordinate very successful anti-Bork and anticontra letter writing campaigns. The Prisoners Task Force has been renewed and is operating smoothly. In the case of the anti-Bork campaign, however, we were simply working for a successful holding action, affirming just changes fn our nation's laws by keeping an artfully disguised reactionary from a crucial position. The anti-contra campaign gave people a chance to express their public policy preferences but it did little to challenge the legal legitimacy of our government's international interventionism in the minds of our fellow students. The Prisoners Task Force is still a great opportunity to expose UB law students to prison life through the context of teaching prisoners legal skills they can use to help themselves. Surely it starts the cogs turning for those students who take advantage of the program. Perhaps many will come away with a sense of fundamental injustice about our criminal "justice" system. Together, though, the Task Force, Bork and contra campaigns fail to do enough to fulfill the special mission the Guild has in challenging some of the fundamental injustices in our legal traditions. Our local chapter needs a positive goal to focus on, not simply reactive or status actions that maintain gains already achieved. It should be something that affects our local legal community, a community that is unjust, traditional and needs open challenge and re-evaluation. Thinking over the gist of a discussion we had at our last meeting, I think we've found one: recruitment on campus by organizations that discriminate against gay and lesbian students. This particular discussion focused on the Judge Advocates Group (JAG), who hire lawyers for military courts. JAG has been recruiting in our law school with the blessing of the Career Development Office for years, and has come up against scrutiny for their discriminatory hiring practices over the last few years. JAG, as a matter of policy, refuses to hire people who declare themselves to be gay or lesbian. They don't discriminate against rich, poor, blacks, Hispanics, Chinese, Native Americans, women or men, but they do discriminate against gay and lesbian men and women. Why? Their reasoning, I have gathered, stems from the belief that the existence of gay and lesbian people in the military establishment disrupts the morale and efficiency of military personnel, and this allegedly interferes with the primary function of the military: to be an efficient fighting force, prepared to achieve U.S. foreign policy objectives through war. Is this claim really true? To some degree, perhaps. It would be awfully hard to prove it, though, because the military has always had gay men in its fighting ranks, and today has as many gay men and women as it always has. Gay and lesbian people are simply forced to lie about their sexual activities in order to foin the military for the same reasons as everyone else joins the military: need for a job, desire to serve their country, or as a career choice. More likely, the real reasons for the military's policy ban on hiring gay and lesbian men and women is a patriarchal fear ofhomosexuality which is embedded in the psyches of the military hierar- chy. This is nothing new to the armed forces. They once segregated minority soliders and/or refused to allow them to enlist. Up until World War II they refused to allow women to serve in the armed forces as a matter of policy. The same reasoning also applied there: disruption of the morale and efficiency of the fighting troops. We can all see through hindsight how realistic that perception was. We now see why the military has a policy ban on hiring gay and lesbian people. But is this policy legal? Is it just? Well, it is legal for the armed forces and intelligence agencies to discriminate on this basis as a matter of "national security." National security justifications, for the uninitiated, is THE black hole through which our federal continued on page 9 Law School Needs Its Own Space by Peter Ryan Why is it that theso-called UB Law School is overrun with undergraduate students? O'Brian Hall is supposed to house the UB Law School and yet we have the Economics Department on the seventhfloor of O'Brian Hall and during the day the Moot Court doesn't even belong to the law school psychology courses are taught in the Moot Court room in the afternoon. — At a time when the faculty is being asked to double up and share office space and law school organizations are being denied exclusive room and told to share space with other law school organizations, it seems odd that the seventh floor should be taken up by the Economics Department. We at the law school are not given space in other parts of the university. We don't have office space in other campus buildings. We don't have any facilities of our own. We are told that because this is a university the facilities in theso-called law school must be open to all. But what about the varsity gym? They don't have to share their facilities nor do they have to be open to all. Why is it that law students have to share all of their facilities but the varsity teams can have a monopoly on their gym? Maybe we, as law students, don't have much time to exercise after all, law students have no lives outside of law classes but if some of the more adventurous law students want to improve their bodies — — along with their legal minds, then why shouldn'tthey be able to? It seems that things like the gym should be open to all students regardless of their academic persuasion. That is one of the premises of the state university system, isn't it? The administration says that theycan't keep undergraduates and other departments out of O'Brian Hall because the facilities have to be open to all, but then they proceed to lock the law school students and law school organizations out of non-law school facilities. How is this equitable? The administration does not choose to answer this question. Law school students are not really treated as part ofthe overall University Center at Buffalo. We at the law school are said to have a Law Library but do we really? More often than not, when a law student wants to find a place to study (yes, some of us actually do that on occasion), the Law Library is filled with undergraduates who either want a quiet place to study or want to meet a law student for social purposes. The potentiality of becoming a lawyer is very attractive to undergraduates, both male and female, and one finds law school groupies hanging out in theLaw Library waiting fortheir big chance with a law student. This is not conducive to study for law students. There is already a lot of pressure on us to do well and succeed, and it is hard tp do that in the environment created in the study areas. Whether the study space is taken up by undergraduates who want to escape from the rat race of the UGL or by law school groupies, the result is the same. Law students don't have the space nor the peace and quiet needed for meaningful study, if there is such a thing. This is especially problematic around exam time. There is not always enough space in the rooms and some students feel the need to do their exams in the library. How can anyone write a good exam when the library is overcrowded with nonlaw school students? Can it be that there is a double standard in operation here at UB? The law school can be sectioned off from the rest of the campus but the law school can't keep the rest of the campus out. Even the elevators in O'Brian Hall are often so full of undergraduate students that we are forced to walk the stairs. This isn't so bad if one is only going to the library or the mail room on the second floor but going to the fifth floor to pick up assignment sheets can become a bit annoying. All we want is a place to call our own, where we can go to and meet with fellow law students with whom we have something in common. We don't even have a lunch room. There are a few tables set up in the hallway between O'Brian and Lockwood but even there the law school students are usually outnumbered. The closest thing we have come to having as our own is the basement locker room. We only have this locker room in the basement on default. Who would want it? �Res Ipsa Loquitur by Daniel Ibarrondo Santa, Don't Forget the Patio Doors Dear Santa Claus: Now that the Christmas Season is around the comer and this is a time of giving (and hopefully receiving), I would like for you to deliver the following gifts to my friends: 0 Charles Carr: A new set of patio doors. 0 Chuck Ewing: An autographed portrait of Pat Albert. 0 Jeffrey Blum: A contract for the share of royalties by the publishers of "How to Win A Nuclear War." 0 Frank Bybel: A year's subscription to Mad Magazine (save 0 the issues for the upcoming Bar exam). Edwin Price: A neon sign that reads "Lisbon Lounge, Girls, Girls, Girls." 0 Bill Hair: An "H" in Consumer Law. 0 UB Law faculty, staff, administration & students: A real law school building. bound, personalized volume of Life On A Barge. Guyora Binder: The lead role in Francis Ford Coppola's next cinematic extravaganza, In The Belly of the Beast. Class of 1990: A free ride on the "Q" train. Errol Meidinger: An authentically restored 1960's vintage VW hippie microbus. Janet Lingren: A lifetime free admission pass to The Bulldog in Amsterdam, Holland. Class of 1988: One semester's supply of No Doz with a supplementary free eight-week refill coupon. Mike Wroblewski: A real life. Victor Thuronyi: A book-size bust of Mr. Robert Murray Haig and Mr. Henry Simons. 0 Dean Schlegel: A 0 0 0 0 0 0 0 . . . or the Booze [7J David Wood: A cruise to nowhere with a possible stop in Jamaica. [7J Dave Taylor: Unlimited beer and whiskey at "Sweethome Cafe" (to be shared with me on December 18). [7J Genie and Brandy: Your real identities. \7\ John Williams: A leather-bound copy of The Power Broker. [7J Dean Filvaroff: My best of luck. [7J Down By Law Crew: A hit show next semester and a trip to Big Louie for Mardi Gras. [7] Peter Ryan: A summons, notice and complaint in an action ford [7J Krista Hughes: A perpetual freezing rain shower, a night on the town escorted by Dean Filvaroff, the key of the City of Buffalo, and an honorary Editor-in-Chief certificate. [7J Zulma Bodon: A writer who will do reportage and a school calendar that starts in October. [7J Melinda Schneider: Carpeting in the 100, a suit with contrasting piping, and a copy of Vogue with all the latest modes. [7J Idelle Abrams: A week of 48-hour days (use it wisely). [7J The Opinion Staff: More microwave popcorn, edible plastic eggrolls, beer, beer and beer. Thank you very much, Santa, for reading my letter. I would appreciate it very much if you said a prayer for me during my final exams. It's been real and I look forward to seeing you on the 25th. And don't be late again! Sincerely, Dan by Martin Sanchez-Rojas Guild Perspectives A Good Lawyer Must Not Neglect the "Other Education" When in law school most of us sense the obligation to study diligently and faithfully and to leave the world and its realities on the sidelines for at least three years. This is all great. After all, we are here to become good lawyers. Subsequently, when we get out, we can help those who can't help themselves. The legal education we receive here will enable us to reshape the wrongs in our system. But let's not nerect the other education. That c scation being all those happe igs in Latin America, Africa Pine Ridge, Saint Regis, etc. sat we forget about or that we simply don't know about. It is terribly important that we learn about what is happening to our world and its peoples: to learn that there are injustices every day and everywhere. For example, inform yourself as to what is happening in "death squad" democracies like El Salvador, Guatemala and Chile. In these countries electoral counts are often accompanied by civilian body counts. What can you do about this? What should you doabout this? displaced of his or her human quality, the one who barely knows how itfeels to be human. We must help these people in changing the dehumanizing society in which they live. Learn their plight! Don't believe for a second that you are in a capacity to do nothing! Write a letter; boycott something or somebody; join a sit-in. We must be defiant of a system of government that is often wrong and one in which too many people get hurt. There are so many issues that we, as law students, should be able to do something about. For example, do you know that this coming February is the 15th anniversary of the Wounded Knee Let's look at Latin America as a whole. One could say that in Latin America the defiance does not come from the nonbeliever (no creyente), but from the non-person (no persona). That is to say that defiance comes from the one who is not recognized as a person by the existing social order: the poor, the exploited, the one who is systematically and "legally" standoff between Native Americans and U.S. security forces? Do you know what is so important about Wounded Knee? brothers and sisters in Guatemala and Amazonia. But in the United States we call these strategic hamlets "reservations." We are reserving these "indians" so that our future generations can touristically see remnants of the past. So what is it that I'm trying to say? Too many of us have been addicted to ignorance for too long and it'sabout time that we get rid of our blinders. We must understand that people are being killed every day and everywhere legally and ille- gally. In Latin America there is no Many have described it as a desperate and last attempt by Native Americans to do something about the miserable conditions in which they live. They are without doubt the most disenfranchised people in this country, neglected and confined in "strategic hamlets" by the U.S. government, like their constitutionally mandated rule that makes the death sentence legal. In many countries people are arrested, tortured and killed (not necessarily in that order) but no one is legally killed for any committed crime. If the crime is unfavorably seen in the eyes of the ruling powers, then you are made to "disappear." In Chile for the last 14 years people have been killed "illegally," but now people are legally sentenced to death. Many have died so far. These acts by the Chilean dictatorship of Agusto Pinochet are contrary to many treaties it signed with the United Nations and other hemispheric countries. We could do something about it. Outside Room 118, O'Brian Hall, there is a list of names of young people, all university students, several of them law students, who have been sentenced to death for being subversives. You can write a letter to the various places that are indicated there and show your concern for your fellow comrades who are victims of a created nightmare. You never know, if enough letters are written we could help in the ouster of Agusto Pinochet. And if you need more information, contact me or any other Guild member. SBA Briefs by John Williams Williams Responds to Third-Year Directors' Criticisms Originally, I had planned not to respond to the recent attacks on the SBA found in the letter to the editor written by thirdyear directors Andy Bechard and Molly Dwyer. There were also some criticisms levied in the last editorial of The Opinion which I felt should not be overlooked. After serious discussion with the other officers and some directors, and much soul searching, I find it necessary to respond to some of these criticisms. Before responding, I would like to make clear for the last time that the SBA (and myself) have nothing at all against the National Lawyers Guild.We are not trying to hinder needlessly their activities. Unfortunately, they were at the helm of a controversy which we felt the Student Bar Association should examine. The controversy was not about the Guild. It was about us as a unified student body and how our activity fees should be spent. If certain Guild members can't put aside their own personal feelings about what we tried to do for the good of the school, then they are standing in the way of progress. For those first-year students who feel that we blundered for having a party while the firstyear classes were not in session, there is nothing that we can do about it now. In the future we will have to plan better. People must keep in mind that when planning a party there are many factors to take into consideration. You have to have enough foresight to know how many people are going home for the Jewish holidays, when the Moot Court briefs are due, whether other clubs are planning parties, and whether the first-years, or any other class, are not going to be in school that week. We must also keep in mind that other events will use SBA funds and the majority of the law school population will not be able to attend, such as orientation and commencement. Do the authorsof the letter suggest that we not fund these events? I would think not. It really frustrates me when law students publicize their opinions without having all the facts. Every year the committees are interviewed and selected at approximately the same time. It is done in this manner because the directors come in to office at the end of September. Then we advertise the committees for two weeks in The Opinion. After advertising we have sign-ups for a week. We also have to figure in the first-year break. It's not too hard to figure out why the process lasts until the end of October or the beginning of November. For the authors to infer that the committees were without student representation for the last two months is a disservice to the SBA. The committees that have met have had interim student representation. I challenge the authors to come up with a fair, rational way to do the committees. Regarding Club Night, there is no constitutional mandate that specifies when a club night should take place. When we did try to arrange a club night only one club responded. Since these two directors who wrote the letter know the meaning of precedent, I would greatly encourage them to discuss with the SBA whether club night should be placed in the constitution in reference to date. As for the editorial, the SBA has never been in charge of forming the Commencement Committee. The editorial has a good point — graduation should be in the hands of the students, not the administration. Also, if anyone in this school wants a yearbook, they have to show us. In the past, approximately four students would try to run the yearbook. This is almost impossible. Those who care should let us know. In the future I wish that the concerned directors who wrote the letter voice their concerns on the floor of the SBA, and articulate their opposition at the meetings. December 1, 1987 The Opinion 7 �The Right View by James McClusky Federalists Question Bar's Licensing Requirements In our quest to enterthe legal we endure three years of law school, agonize over a two-day bar exam (hopefully only once) and pull strings to make sure our records are clean enough to pass muster with the ethics board. profession According to the New York Bar Examiners, the July 1987 passing rate has dropped to 65 percent, continuing a trend which has seen the pass rate drop 5 percent since the class of 1988 began law school. Thirty-five percent of those wishing to enter the New York State legal profession this year have just had their dreams quashed, at least temporarily. We endure this process because the ruling state organizations say we must if we wish to practice law in New York State. Proponents claim these licensing requirements are imposed to ensure competency and quality amongst the state's attorneys. They claim it is protecting the consumer. LiKe hundreds of other licensed occupations across the United States, this protection is in the form of a board made up of experts. More often than not these experts are current members of the profession; therefore, the boards have a vested interest in any outcome. The board becomes a legal cartel able to maintain high profits for its members by setting restrictive qualificationsfor entrance into their profession. As with any restrictions placed on free trade, it induces scar- New Internship Program Planned by Andrew Culbertson Although still in the develop- mental stage, the law school is implementing a program that will providea numberof university-funded, public service internships. The architect behind this project is incoming Dean David Filvaroff, who has a strong commitment to public service. According to Professor George Kannar, chairman of the committee that is handling the project, the program "is not simply a summer jobforyouth program." The purpose of the program is two-fold. First, it is a reflection of the strong public service commitment that the law school has traditionally maintained. Second, in the words of Kannar, "It's a means of penetrating the public service job market, and giving Buffalo more of an institutional identity within the public service sectors of employment." The internships themselves will be open to second-year students. Students will be placed in offices at the local, state and federal government levels, as well as "nationally recognized organizations engaged in public interest law." The placements will most likely be in Albany, New York City and Washington, D.C. Unlike traditional public service internships; it is expected that the compensation will be competitive with what the private sector pays. More information concerning the placements and the applications process will be available in the next few weeks. 8 The Opinion city. This constraint on free enterprise is an affront to a free economy. The one who foots the bill is the consumer, who is forced to pay higher legal fees. Therefore, licensing requirements should be looked at closely before we accept them as necessary. Restrictions should be maintained only when they are clearly mandated and bear a strong correlation to the goals they are attempting to accomplish. As attorneys they must also ask if they are following their own ethics of avoiding all indications of impropriety when they establish the rules their competitors must follow in order to enter the field of law. The intentions behind these and similar licensing requirements are commendable, but the true implications must be considered. Do three years of law school prepare you for the practice of law any more than two years would? Were attorneys who practiced without formal law schools worse than present-day attorneys? Are those who just passed the bar more capable of practicing law than those who failed? Or are these restrictions a method to forestall prospective attorneys from entering the field of law? The consumer is not left unprotected without these restrictions. For a lawyer to succeed he needs a good reputation and satisfied customers. This information will get out regardless of the presence of a licensing board. wholly A board's function may be more appropriate if it concentrated on attorneys who have proven themselves incompetent or unfit to practice rather than trying to predict who would be qualified to practice law. Further, incompetent attorneys face the possibility of malpractice suits. Our field is not the only profession which must ask whether the licensing requirements are actually working to protect the consumer. Auctioneers, barbers, beauticians, manicurists and real estate agents are because of inadequate funding from primary resources. Reforms are needed in this area. While financial aid administration represents an area in need of reform, the concept of loan assistance for public interest law students represents a real opportunity for this law school to distinguish itself as a leader. UB not only attracts students interested in public interest law but boasts an impressive placement rate for graduates in public interest legal positions. Yet, unlike other national law schools, UB offers no loan assistance to graduates who choose low-paid, law-related public interest and government employment. The development of a loan assistance program would greatly increase ÜB's attractiveness to students committed to pursuing public interest law careers. Moreover, UB would affirm its national standing (and gain national attention) by becoming the first public law school to provide loan assistance to its graduates who practice law in the public service. The quality of the law school'sfinancial aid programs reflects on its image. This law school attracts quality students who could have gone to some of the more distinguished law schools in the country but came to UB because it is affordable. For the indigent student with law school choices, a strong financial aid package (properly administered, of course) could make the choice to come to Buffalo an easy one. It is conceivable that quality students may bypass this law school in the future because of the weaknesses in the financial aid programs. CHILD CARE Maria Doti As a progressive law school, we must support the access of non-traditional law students to a legal education. Adequate child care is a university-wide problem and must be addressed by the various schools working together. Good and inexpensive child care could also be a draw to prospective faculty, staff and students. I Availability of Program 1. Lack of a full-day child care center on the Amherst campus; too few places on Main Street campus. 2. Need to extend day care hours into early evenings to assist those who attend night classes. 3. Lack of cash subsidies to assist needy students to pay for on-site day care. Subsidies could be included in financial aid package or direct funding from student activity fees. Subcommittee I END-OF-THE-SEMESTER ( <3f 11. Flexibility of Law School Program to Suit Parents with Young Children 1. Make schedule of classes, especially for first-year students, available early on so students can make adequate child care provisions. 2. Administration and faculty must be more sensitive to the special needs of parents with young children and give adequate notice of changes in class schedules and make-up classes. 3. More flexibility in exam schedules to allow parto move exams which conflict with child care arrangements when an adequate substitute for child care is not available. MISCELLANEOUS Jim McClusky The Miscellaneous Subcommittee is in charge of the suggestions which by themselves do not need full-scale reports. We will attempt to handle any aspect that students feel would make life here at the law school more enjoyable, no matter how small the matter may seem. With a change in the administration it is the time to correct the little annoyances which have plagued our years here. Suggestions we are currently ents continued onpage 11 1/ 3 at the ) P'NE LODGE $ A I <§i)- y\j 3480 Millereport — $3.50 COVER CHARGE —ly '§ X |S. otIfREE WINGS December 1, 1987 from page 2 V? AR T V A TuesdaV' / *k December Ist 9:00 p.m. •i§> . sba $ r\ j& \/ . a small selection of the more than 100 professions which require some form of licensing. Many of these can claim less of a need for such requirements than lawyers can. \ \ cr FREE (A VJ& ) §^ cr DRINK SPECIALS �"New Spirit" Within BPILP Prompts Increased Activity by Michael Kulla and Karen Comstock There is a new energy within the Buffalo Public Interest Law Program this year. Our membership has risen to new levels of active involvement, particularly among first-year students. It is reassuring to know that there is a continued commitment by UB Law students to public interest/public service issues and employment. This commitment, in turn, reinforces the fact that UB Law School has a strong public interest orientation. We have many ambitious projects planned forthis year; new members are always welcome and appreciated. So far this semester, our focus has been on fund-raising. We were at the forefront of the UB Law social scene with our two happy hours at Broadway Joe's. A good time was had by all. We were at the forefront of the UB Law fashion scene with our exotic UB Law T-shirts. For those of you who were unable to buy one before the supply ran out, we will take special orders. Based on the level of response, we will order more of these wonderful T-shirts to fill the demand. Be on the lookout for our redesigned T-shirts in the spring. The proceeds from these fund-raising efforts go towards funding public interest internships in Western New York. The news of proposed university-funded public interest internships excites BPILP; as of i yet we have been unable to speak with our new Dean to let the student body know more about it, so in the meantime we will continue our fund-raising activities to insure as many internships as possible are available. Along with fund-raising, our other main purpose is to inform the students about the availability, viability and desirability of public interest/public service careers. To that end, on Thursday, November 12 we sponsored two speakers: Chief Assistant DA for Erie County Chris Belling and ChiefAssistant Public Defender Dan Berry, speaking on the topic, "Does the Legal System Really Work?" Future planned events include a job-sharing workshop, where second and third year students who held jobs in the public interest sector can relate their experiences to similarlyinterested students. We are lay- Money ProblemsPush Out Josephson BRC by Alexander Stille Only six weeks after purchasing the nation's second-largest bar review course, legal publisher Steven L Emanuel announced he was closing down Emanuel Bar Review Inc., previously known as the Josephson/ Kluwer BRC (Bar Review Course). One out of five of the nation's 45,000 graduating law students from New York to California many of whom had given the company $50 deposits will have to find anotherbar review course to take this summer. "I am terribly distressed to have to announce to you that we have no choice but to discontinue our BAR Review operations as of today," Mr. Emanuel wrote to thousands of prospective students in a letter dated Oct. 1. Mr. Emanuel's decision stun-, ned other businesses in the competitive, but highly lucrative, field. "They were still by far and away the second-largest company in the field," said Stanley D. Chess, director of BAR-BRI, the nation's largest bar review company. "I know a lot of people who would have paid substantial dollars for it." The company, however, had undergone turmoil recently, changing hands twice in the last two years. Founded in 1969 by Michael S. Josephson, a law professor at Loyola Law School in Los Angeles, Josephson's BRC became Josephson-Kluwer when the Dutch publisher now known as Wolters-Kluwer purchased it in September 1985. Mr. Emanuel's company, Emanuel Outlines Inc. ofLarchmont, NY, bought the course in mid-August of this year. "I am more surprised than anyone," said Professor Josephson, who continued as — — MANIA a lecturer and consultant to the company. "When I sold it for substantially over $1 million, it was a marvelous, profitable business. Why he couldn't make it work is totally beyond me." The company's financial difficulties began under its Dutch parent corporation. Professor Josephson said. "Kluwer made many changes that were very costly." But when Mr. Emanuel purchased thecompany for considerably less than Wolters-Kluwer had paid, it appeared he had gotten a bargain. While the Kluwer-Josephson course was losing money in Massachusetts and other states where its enrollment was small, it remained a solidAvis to BARBRI's Hertz with highly successful courses in such major states as California and Michigan. "They had an excellent base on which to build a very successful business," said Mr. Chess. «• On Aug. 24, Mr. Emanuel sent out an ecstatic letter to students stating his purchase of the company was "the fulfillment of a I've long-held dream for me always regarded the Josephson BRC course as the Rolls Royce of the industry." Mr. Emanuel did not return phone calls last week, and his Oct. 1 letter said simply: "Our six weeks of intensive effort have not produced the necessary results, therefore we had no choice but [to] cease operations." .. "He must have miscalculated," Professor Josephson said. "You need close to $100,000 a month to run the business." The smaller, winter bar review courses, mostly serving students who failed the summer bar exam, are general- ly not profitable and Mr. Emanuel's company may not have had the capital to keep going Professor until summer. Josephson added. He said he did not learn of the company's closing until after the fact, adding: "If I had known, I would have seriously considered buying it back." Also unclear is what, if any, Mr. Emarniel's future obligationswould betothethousands of students who signed up for his courses. Many had received substantial discounts by giving a $50 early deposit for the 1988 bar review course. Student representatives had earned free courses and cash incentives by signing up other students. "We are attempting to make arrangements with other bar review courses whereby they i may offer some kind of discount or credit for deposit," Mr. Emanuel's Oct. 1 letter explained. "We intend to honor most deposits," said Mr. Chess. BARBRI also will give free courses and incentives to Emanuel student representatives bringing substantial numbers of students with them. But the BARBRI incentives may not always be what students expected to earn from the Emanuel company, he said. "Some people may get hurt." The one certain effect of the decision is a major windfall for the company's competitors especially BAR-BRI, which operates in all the same markets as the Emanuel Bar Review. "We have already gotten hundreds of calls from students," said Mr. Chess. "We expect we will get 90 percent of them." — (Copyright 1987, The National Law Journal, reprinted with permission.) ing the groundwork for a conference to be held in the spring whose topic will be the crisis in funding levels for legal services in Erie County, as reported in the Buffalo News in a front page story on October 15. BPILP is expressing a definite interest in undertaking a campaign to institute a loan forgiveness program at UB Law School. Briefly stated, loan forgiveness programs are designed to help alleviate the debt burden of those law students who are committed to work in public in- terest jobs, whose salaries have traditionally been much lower than legal jobs in the private sector. There is a core group of BPILP members currently researching thefeasibility of such a program, which has already been instituted at 13 other law schools. Things are happening at BPILP. We are always interested in new ideas, and we invite a 11 students to feel free to attend our next meeting. Look for notices posted around the law school. Guild from page 6 government allows wholetruckloads of constitutionally guaranteed rights to become timewarped. The merits of this aside, is it just for our own school to condone such blatant and (if the existence of gay and lesbian people in the military in the past and at present is any indication) unfounded discrimination? All the members of the Guild are agreed on this point: that it is certainly unjust to condone soliciting JAG as a respected employer of UB law graduates while they discriminate against our fellow students who are gay or lesbian, and who may want to interview with them. We are divided on where to go from here, though. Some members feel that banning JAG from interviewing through the CDO would be more detrimental to the school and to UB law students who want to interview with JAG. They also cite the heat the Guild may take in calling for a ban on JAG as a factor to be considered. Should we risk alienating a large sector of students when we are trying to build a strong UB Guild Chapter? Others say that calling for a ban on JAG is very consistent with Guild philosophy. We shouldn't be afraid to take unpopular stands simply because people may view us as extremists. They also state that if JAG discriminated against other minorities, we would be out there in a minute calling for their removal from CDO's recruitment schedule. As of the close of the meeting we did not come up with a unified course of action on this issue. However, we did decide to bring this issue to the rest of the UB law community. We want your opinions on this issue. Should gay and lesbian men and women have the same protections of law that other minority-groups have? If so, should our campus recruitment practices reflect our conclusions? Waiting to hear from you, Martin Coleman for the National Lawyers Guild County Bar to Hold Seminar On Friday, December 4 the Erie County Bar Association will sponsor a seminar entitled "Criminal Law: Current Developments," to be held at theBuffalo Convention Center. The need to keep current with statutory and case law developments in the criminal law is recognized by every practicing attorney. However, the ability to achieve this is frequently daunting. This seminar presents for the practitioner a panel of attorneys who monitor these developments closely as they occur and who will discuss the important cases and statutes affecting the criminal law over the past year. \v Seventh Avenue, Suite 62 New York, New York 10001 415 (212) $94-3696 (201) 62J-JJ6J | Each person attending this seminar will receive a digest of recent cases and statutory changes topically organized as a convenient reference tool. Attendance at this program will be credited for the CLE requirements of the Assigned Counsel Program. With attendance at this seminar, and use of the digest of current developments, the practitioner will have the benefit of hundreds of hours of research by the experienced criminal lawyers in this program. Registration fee is reduced for students. Contact Cheryl Robinson at 852-8687 for details. \O\ \ \ r> J f> V -J L_r~^-3=»-^ LEGAL Mileli Pal December 1, 1987 The Opinion 9 �THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE -I INTENSIVE -I- QUESTION REVIEW: Over eighteen hours of in-class question analysis by experienced law school professors is an integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost. NARRATIVE 2 TEXTS: The law explained for you need to know for your bar exam is you —not outlined—in our comprehensive texts. UNPARALLELED CONVENIENCE: Preparation 3 teen jurisdictions is available at for the bar exams of nineover 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR California Colorado Connecticut Dist. of Columbia Florida Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey New Mexico New York Pennsylvania Rhode Island Texas Vermont Virginia If you plan to practice in any of these jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. Seeyour Campus Rep,or call: m«T»M urn. I I ****** [L (IK/\PLAN-SMH BUFFALO AREA V I BAR REVIEW SERVICES Stanley H. Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. Edt Kaplan (800)223-1782 (800)343-9188 Tonawanda, New York 14150 (716)837-8022 €>1987 Kaplan-SMH 10 David Fretz Michael Lamica Bill Hair Leslie Gleisner Greg Maxwell Peter Ryan Krista Hughes Deborah Morel Lisa Sizeland The Opinion December 1, 1987 Mary Clare Kane Marjorie Klein �Moot Court Board Announces Winners, New Members 1987 Desmond Moot Court Competition Awards Best Oralist 2nd Best Oralist 3rd Best Oralist 4th Best Oralist sth Best Oralist Best Brief 2nd Best Brief 3rd Best Brief Bill Magavern Karen Surber Benjamin Bruce Alexei Schacht Sara Nichols Peter Strong/Joseph Rizzo Ken Yood/Pattilynn Babajane David Fretz/John Farrel Kelly Brinkworth/Gerald Murphy William Falcone/MaryJo Raczka Troy Kelley/Alexei Schacht Troy Kelley/Alexei Schacht Karen Surber/Lisa Valvo Timothy Greenan/Joseph Goergen David Fretz/John Farrel Ken Yood/Pattilynn Babajane Joseph Rizzo/Peter Strong Judee Smolarek/Benjamin Bruce Sara Nichols/Bill Magavern 4th Best Brief sth Best Brief Quarterfinalists Semifinalists Finalists Winners ... Winners — Sara Nichols and Bill Magavern The following people have been offered membership on the 1987-88 Moot Court Board: Honorary Offers of Membership John Farrell Bill Magavern Dave Fretz Sarah Nichols Associate Offers of Membership Pattilynn Babajane Katie Baumgarten Robert Boreanaz Lauren Breen Ben Bruce Jed Carrol Siulan Chan Richard Cohen Finalists — Benjamin Bruce and Judee Smolarek Form No. 1776 Barry Covert Elizabeth Deutsch Sarah Faherty Susan Feitoza Joseph Frazier Suzanne Garvey Joseph Goergen Timothy Greenan Shawn Griffin Sara Horowitz Ken Peshkin MaryJo Raczka Joseph Rizzo Salvator Sanfilippo Alexei Schacht Thomas Smith . ■■ Judee Smolarek Peter Strong Karen Surber Lisa Valvo Adam Voudraska Paul Weiss Jason Wohlford Ken Yood Barry O'Melinn Subcommittee from page 8 looking into include: Improving communications between the students and clubs, between students and administrators/professors and between the administration and prospective students; improving contacts with alumni; and looking into the independent organizations of the law school. This committee's scope is limited only by what the students suggest so we encourage anyone hoping to see any changes made at thelaw school to put their suggestions in. * position * * paper is to The final be written by YOU. Its drafting has been postponed until early next semester in order to insure this project receives the attention it deserves. The student(s) cited after each issue heading has assumed responsibility to oversee the development of that segment of the position paper. They anxiously await your input. Watch the SBA bulletin board forfurther developments and present your suggestions. The Subcommittee for Developing Student Ideas for the Dean DEMORALIZED BY UVINS IN WE SHADOW OF SHELDON'S GREATNESS, ROSER. DeCIOES TO STUDY ZENriH FRDN\ A TO Z... Learn the full secret to Sheldon's Computer Nerd success from your Zenith Data Systems Campus Contact! It's only natural that Sheldon's success overshadows everyone else. After all, this Computer Nerd is the campus expert on Zenith Data Systems! From desktops to laptops... advanced PCs to 1 I liif-jjTuit! g| \m (LJpitJi quality monitors... you've got itmade in the shade with Zenith Data Systems. Especially at these great student prices! Now, Computer Nerd success can be yours. Just ask your nearby ZenithData Systems Campus Contact about these special offers. All selected by Sheldon himself! Here Are Sheldon's Specials! Product Name: Special Student Price: mli£j~\- *p Z-148 Z-159 z-181 Z-183 t>yy.uu 799.00 949.00 1,399.00 1,999.00 p Suggested Retail Price: <p yyy.uu £ S 1,299.00 1,599.00 2,399.00 3,499.00 i| |\/| • • PROFESSIONAL TYPESETTING OFFSET PRINTING •• COMPETITIVE FAST SERVICE PRICING • E S« MANY DIFFERENT TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING Visit your nearby Zenith Data Systems Campus Contact today: m _M% m Q3W CVCtpmC 9y3tC:ill9 SPECIALISTS! Heath/Zenith Computers & Electronics 3476 Sheridan Avenue Amherst, NY 14226 716/835-3090 fOI CALL US OR VISIT US FOR A QUOTATION TODAY! JL \^yW^J f * i'"'^ THE QUALITY GOES IN BEFORE THE NAME GOES ON" Askabout how you can qualify for easy monthly payments with a Zenith Data Systems Credit Card! Special pricingoffer good only on purchases through Zenith Contacl(s) listed above by students,faculty and staff (or theirown use. No other discounts apply. Limit one personal computer and one monitor per individual in any 12-month period. Prices subject to change without notice. 1987. Zenith Data Systems 3171 Main Street I LalKO EAKir? Aunll (Main S. of Winspear) 3uHal ° NV e35-0100 '676 Nia. Falls Blvd. Across from K-Uart) Tonawanda, NY 834-7046 111111111111111111111111111111111111111111111l December 1, 1987 The Opinion 11 �Attention! CLASS OF 1988 Last chance for a Fall Semester Discount Save $100 off the 1988 course price when you register for BAR/BRl's New York, New Jersey or any New England State Bar Review Course. STATE 1988 REGULAR TUITION NEW JERSEY $975 $750 MASS., CONN., VT., MAINE, N.H. $850 NEW YORK YOU PAY DISCOUNT ONLY , $650 . $ 1 00 $50 REGISTRATION FEE RESERVES THE DISCOUNT PRICE. (bffibn BAR REVIEW 415 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696 (201) 623-3363 (516) 542-1030 (914) 684-0807 160 COMMONWEALTH AVENUE BOSTON, MASSACHUSETTS 02116 (617) 437-1171 12 The Opinion December 1, 1987 $875 $750 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/65179466f75e825569c0d733aabf9165.pdf 8df63dfc9a1a25aa474472128a6554ec PDF Text Text THE OPINION Volume 28, No. 6 November 11, 1987 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Incoming Dean Interviewed on Long-Range Plans by Krista Hughes David Filvaroff will becoming to UB Law School in January to assume the position of permanent dean. He brings with him a solid background in government work, and among his goals for the law school are obtaining increased funding for the Jaeckle Center for State and Local Government Law, and expanding opportunities for students to engage in public interest work. Filvaroff believes "public service is something that, in an ideal world, every lawyer should take time to do. As the only state law school, we have a special obligation to demonstrate the desirability, importance, and the ultimate attractiveness and rewards of public service." Dean Filvaroff sees it as a "great mistake to discount the importance, significance, respectability and rewards of assuming public responsibility." Buffalo is one of just a few law schools to have a program which provides a concentration in state and local government law, and Filvaroff is pleased with the existence of the Jaeckle Center. His own experience working with the government showed him "the excitement and sense of participation one can have" in such a position, and he would have sincerely regretted missing out on the opportunity to do government work. Filvaroff is very supportive of ProfessorKannar's proposal for creating competitively-paying internships in state, local and federal offices. The new dean "would like to see us have a significant number of law schoolfunded internships in local and state public interest groups." One of his more immediate concerns, however, is getting to know the students. Because of a prior commitment at New York University Law School for the fall semester, Filvaroff is in Buffalo infrequently, and his visits here are usually filled with meetings with faculty, staff and administration. He has not had a chance to just walk through the halls and "get a sense of theplace." Also, it would help if he could speak with students. One ideathatFilvaroff is planning to institute is a regular meeting, maybe once a month, with student representatives from the law school. The meetings would be an opportunity for students to relate grievances, concerns and suggestions to the dean. Filvaroff sees students as a "crucial part in this institution" and as having "a major role to play in decision making." Thus the need to interact with students is great. Itis in recognition of this need that Filvaroff has been pushing for the establishment of a law school cafeteria where interaction with students on a fairly wide scale would befacilitated. David Filvaroff is extremely enthusiastic about coming to Buffalo. He "never had any particular ambition of becoming a dean until coming here," but Buffalo is a "distinctive and exciting place," and this is where he wanted to be. Citing a "superb faculty [and] excellent student body," Filvaroff feels that UB Law has not gotten the degree of recognition it deserves: "It is just an excellent school." Filvaroff stressed the fact that Buffalo is atypical among law schools. This is due in part to a diverse faculty. UB is known for its strong affiliation with Critical Legal Studies. However, unlike some other schools such as Harvard, there is no "overt conflict be- tween CLS people and those opposed. That isn't happening here and it isn't going to hap- pen." Filvaroff observes that the attitude of thefaculty here is one of general tolerance for the principles behind CLS, especially "to the extent that CLS raises challenging questions about the role of law and the function of laywers in our society," and he sees any kind of conflict surrounding CLS as a "much, much overblown issue" which he hopes we will not have the need to discuss anymore. This overall sense of cooperation and tolerance also extends to the law school administration. Filvaroff is "especially grateful" to outgoing Dean Wade Newhouse, who is helping the new dean learn what he need to know. "Transition periods are never easy," according to Filvaroff, but "an incoming dean could not ask for more understanding" than he has already received from Newhouse and all of the law school administration, including former Dean Thomas Headrick. Some of Filvaroff's other goals include increasing the representation of women and minorities on the faculty, and increasing faculty salaries to be competitive with those at other law schools. He would also like to see increased funding for financial aid, for improvements to the library, and for faculty Dean Filvaroff Sparks New Interest In State andLocal GovernmentProgram by Zulma Bodon Many law students have a limited understanding of the academic concentration in state and local government law. This might be due, in part, to lack of student interest in this area, or simply to the program's lack of promotion and publicity. Whatever the reasons, it is important that students know about the program's purpose and about the benefits of completing the certificate program in this area of law. Frank Munger, Chair of the State and Local Government Law Committee and Director of the Edward Jaeckle Center for State and Local Government Law, explained that "the bottom line" purpose of the program is to help students get a job by providing them with the opportunity to become competent legal practitioners in state and local governments. The program is also intended to create an area in which faculty and students can develop "a mutual interest." According to Munger, since Filvaroff's appointment to the deanship, there has been some talk about reviving the Jaeckle Center in two significant ways. The first involves the internal component of the Centerwhich is designed to produce "new opportunities within the law school and also outside," said Munger. To this end, he noted, it is important to restore the state and local government law seminar where students can come together "to talk about mutual interests, listen to outside experts, and have a project orientation that would help the law school reach out in the community more. "This, Munger stressed, "is something I would very much like to do." Prof. Mugel Wants More Scholarly Study by Donna Crumlish Professor Albert Mugel has seen UB Law School through many phases of its development and has much commentary on the state of the law school today. Few are as qualified as he to make such commentary because few can attest to teaching almost 40 years at UB Law. Mr. Mugel graduated from UB Law in 1941 and then spent time in private practice and in the armed services. Having been placed in the tax department of the law firm he was working for, he put together a course on tax for returning servicemen. His objective was to help himself learn more about the subject and the course sparked his interest in teaching. In 1948 he came to UB to teach full time until he left to serve in Korea from 1950-52. He came back to UB and taught until 1955 when he helped to set up the law firm that he is Jaeckle, still with today Fleischman and Mugel. Since this time Mugel has been teaching at the school on a part-time basis. He currently teaches Future Interests. In his early years, Mugel remembers the law school as struggling to be recognized as having a first-rate faculty and innovative ideas despite its small size. "The law school always tried to be somewhat different; you had to make a niche for yourself in legal education." The state takeover supplemented the university's resources to allow an increase in the number and the quality of faculty. Today, Mugel sees the law school moving away from the scholarly study of law that it was once proud of and becom- — and student research. Also, Filvaroff sees many of the administrative offices as severely understaffed and therefore relying too heavily upon students to make up the difference. He is not suggesting cutting back student jobs, but certain functions should be performed by full-time state employees. Although he is not officially here until January, David Filvaroff is already making his mark on the law school and will continue to do so; "The last thing I want is to be someone who simply sits in his office." He plans on approaching students to find out as much as he can about the life of this law school, and remains extremely approachable himself. ing a more career-oriented school. When he started teaching in 1948 most of his students were returning servicemen. "They were not just interested in practice, but in the lawitself." He is not encouraged by the abandonment of the study of law for interest's sake. Must of this he attributes to a recently developed cynicism in the teaching process that is not exclusive to Buffalo but is prevalent here. "It's almost as if cynicism is taught as a substantive subject. You get to the point where the students don't pay any attention to it and that leaves a void as to their interest in the law as such and the objectives of the law as social objectives and this vacuum is filled by personal career interests." Professor Mugel feels this cynicism may be tied in with the faculty of the law school and the Critical Legal Studies movement. Although having no objections to either, he feels there is a point where you have to stop and evaluate what you are doing and if you skip over that point, cynicism develops. "They've been attempting to develop a faculty of scholars who are critical and are not just following 'black letter law,' and correctly so. I have some problems with whether they always distinguish between something being critical and something being cynical.. I've no objection at all to the Critical Legal Studies concept... the question is, do you cross the line to the point where you start suggesting that nothing that is past is worth considering?" Another development that Professor Mugel finds unset- . continued on page 8 To some extent, this community outreach-oriented approach has already begun with Frank Munger the new housing clinic headed by Professor George Hezel. The clinic is not geared toward litigation. According to Hezel, it is a clinic designed to help members of east side communities form a "public land trust" to prevent both loss of housing and loss of control to commercial entities. Thus the objective, said Hezel, "is to creatively package resources to develop low income housing in Buffalo and in the whole western New York area." The way this is done, he added, "is by having law students take an inventory of the resources available through state and local funding." In this regard, Hezel indicated that what students need to have is good legal skills and substantive knowledge'in the areas of property, land use control and transactions, local and state financing, and corporation law (preferably not-for-profitcorporations). continued on page 8 Inside ... Yearbook 3 Res Ipsa 7 Loquitur Miss Social Procedure .... 9 �. . . What It Means SDI Interpreted Sans Reagan View by David Hunter Ross "SDI Saved From Reagan" was presented as part of a University Seminar Series organized by the Nuclear War Prevention Studies Graduate Group. These seminars will be held once a month; the next one, "Reversing Militarism: A Global Perspective," by the law school's own Professor Jeff Blum, is scheduled for November 10. The Graduate Group will also be sponsoring a major conference in April on Nuclear War Prevention. Nobel Prize winner Hans Bader, a member of the Manhattan Project team, and Paul Warnke, chief negotiator to the SALT talks and Director of Arms Control and Disarmament for the Carter administration, will be among those attending the conference. Both the seminar and conference are intended to "provide interested faculty and students access to the expertise of some of the many UB faculty members working in nuclear-war prevention topics." Thefirst lecture, entitled "SDI Saved From Reagan: An Alternative Look at Population Defenses," was given by Dr. Jerome Slater of the Political Science Department. As the title of the lecture suggests, Dr. Slater, a supporter of SDI, believes that the Reagan administration's vociferous supportforfull-scale SDI population defense, in light of current political and scientific circumstances, is detrimental to the goal of a usable, practical, SDI. The President supports a fullscale population defense capable of repelling a full-scale nuclear attack which might be unilaterally initiated. Dr. Slater holds thatsuch a position is currently untenable because we lack the technical ability to build an effective system and be- cause an SDI system deployment in the current political environment would be destabiliz- ing. He suggests that the Reagan vision of SDI, with its inherently destabilizing characteristics, has polarized the SDI debate in the United States to a point beyond serious contemplation of the complex arguments involved. Dr. Slater would approach SDI as part of a comprehensive nuclear foreign policy. His first premise is that a nuclear foreign policy based on "MAD," Mutual Assured Destruction, is both "radically immoral and inherently unworkable." MAD is the policy by which nuclear war is prevented by holding the threat of total destruction over both superpowers. In theory, each side is prevented from striking first by the knowledge that such an attack would trigger an inevitable counterstrike by the other side that would equally devastate the attacker. The immorality of this policy lies in its threat to millions of innocent people. A policy of Mutual Assured Destruction threatens the entire human race. Dr. Slater states that it is also inherently unworkable; it is a system based on high technology and human sanity both of which have been known to break down under real world conditions. Dr. Slater's conclusion, which is shared by many others, is thatthe time has come to supercede MAD. Dr. Slater lectured on how SDI might help accomplish this goal. "MAD" theory presupposes a minimum rationality on the part of the players; Dr. Slater proposes to use SDI to eliminate some of those "use 'em or lose 'em" strategic situations where there exists a rational basis to — launch a nuclear strike. Under current nuclear policy, where neither side can defend itself, an accidental or unauthorized launching by one submarine or missile base could easily lead to full-scale strikes by both sides. A government facing an accidental or unauthorized missile strike would be forced into a "use 'em or lose 'em" mentality. Under the threat of an incoming nuclear missile strike, a government is under great pressure to launch its missiles now or risk destruction of its retaliatory capability and summary defeat. Even the actions of one submarine commander could trigger such a threat one Trident submarine carries enough war- — heads to destroy every major city in the Soviet Union or incapacitate its counterstrike ability. Soviet submarines have a similar capability. Dr. Slater's initial proposal would be to negotiate a mutually deployed limited SDI that would only be effective against small-scale attacks. Neither side would fear such a mutual deployment because each would still possess a nuclear capability capable of overwhelming the defensive sys- tem. The treaty would preclude any strengthening of the defensive system. The limited defensive system would stabilize the delicate balance of (nuclear) terror by eliminating the "use 'em or lose 'em" situations pro- To: Faculty and Students From: Jonathan Reichert, Executive Director Nuclear War Prevention Studies Regarding: University Seminar Series The Nuclear War Prevention Studies' intent in sponsoring the University Seminar Series is to provide interested faculty and students access to the expertise of some of the many UB faculty members working on nuclear-war prevention related topics. These seminars, which began in October, are offered once a month. Each month a different faculty member will present a paper and take questions on a particular topic within their area of expertise. Dates, titles and faculty presenters are listed below. DECEMBER 1 "Arms Control Treaties: Current Issues and Future Prospects" Victor Thuronyi, Faculty of Law FEBRUARY 2 "The Status and Implications of Nuclear Proliferation Among Developing Nations" Dr. Claude Welch, Department of Political Science MARCH 15 "Some Western Interpretations of the Soviet Theory of Peaceful Co-existence: A Critique" Dr. Jim Lawler, Department ofPhilosophy APRIL 19 "Computer Science and National Defense" Dr. Anthony Ralston, Department of Computer Science For further information, please contact Graduate Assistant Blake Strack in the Political Science Department at 636-2251. by accidental or unauthorized launching. Such a system would also provide a defense to some small-scale attacks made by smaller powers. Dr. Slater would want to parley the goodwill established with the signing and enforcement of a mutually deployed small-scale SDI defense treaty into a full-scale policy to eliminate the threat of nuclear attack. yoked The trust would have to be parleyed into a true arms reduction Dr. Slater foresees a pact necessary reduction of 90 to 95% of nuclear missiles. The superpowers would then mutually deploy a full-scale population defense which neither side would be capable of overwhelming with their mutually reduced nuclear capability. Such a situation would effectively eliminate the threat of nuclear holocaust. Dr. Slater believes that such an approach is both reasonable and possible. There are two advantages to Slater's two-step approach and they are precisely the characteristics that Reagan's plan lacks, and that make it destabilizing— a prior trust between the superpowers and the technology to create a 100% effective SDI population defense. The intermediate step will foster the trust the superpowers will need to come together to reduce the number ofnuclear weapons and to jointly deploy a defense that would safeguard each nation against those remaining missiles. It will also supply the time to develop the requisite technologies needed to create the full-scale SDI population defenses. This is the policy governing SDI, nuclear weapons, and foreign affairs that Dr. Slater supports. It is his vision ofhow SDI can be used to eliminate the threat of nuclear holocaust. — Ewing Mock Trial A Perennial Favorite With Students by Alexei Schacht Motions to Preclude. Sando- val Motions. Impassioned jury pleas. All of this by first-year, first semester law students? One may ask, "How can that be?" On October 20-22 Section One students in Professor Chuck Ewing's half semester mock trial course (the course is mandatory for all Section One students) participated in mock trials based upon the facts of an actual rape case from the state of Maryland. The entire section was divided into six groups ofroughly equal size. Three respective groups of defense attorneys argued against three groups of prosecutors in three separate "trials" in the MootCourt room. Ewing plays the role of judge, a third-year student, David Wood, is the bailiff and various upperclass students coach the teams in the fine points of trial advocacy. The jury consists of a dozen undergradutes. Professor Ewing has been teaching this course, which seems to be universally enjoyed by the students, for five years. In fact, according to Ewing, "the idea for the course was originally the students'." The reasons that Ewing puts in theeffortof running the mock trial course every year are that first, it helps students to realize that cases are not as simple and 2 The Opinion one-dimensional as they often seem in casebooks. For instance, facts that at first glance may seem incriminating may not be enough to convict someone in a court of law. As evidence of this, Ewing pointed out that there has only been one conviction in all of the trials in the course's history. Moreover, the one conviction came when Judge Ewing directed a deadlocked jury to reach a unanimous verdict. Second, the trials, are a great deal of fun and they help to bring the section together. As one Section One alumnus, second-year student Kenya Mann, put it, the mock trials were both "really interesting" and "a great way to learn." The case itself, People v. Edward Rusk, as reformulated by Ewing, involves a woman, Patricia Albert, who meets the defendant at Bennigan's in Amherst, and who is allegedly tricked into driving him home. Once there, Rusk allegedly takes her upstairs and, under threat of harm, forces Albert to have sex with him. Because the defense did not deny that Rusk and Albert had sex, the only issues were whether Albert consented to having sex, or whether she did so only because of the use of force or threat of the use of force. The defense claimed that Al- November 11,1987 Bert fabricated her story because she was recently separated and she was afraid that evidence ofher sexual activities would lessen the chances of her getting support and maintenance payments. Despite the best efforts of the prosecutors, convictions have been unheard of in these mock trials. As a result, Professor Ewing changed the facts somewhat this year from what they have been in previous years. In Ewing's own words, he wanted to "push it" to see if the prosecutors could gain a conviction. The main factual alteration centered on the defendant, Rusk, who last year was a middle-class architect with no criminal record. This year Rusk was more like the defendant in "real life." That is to say, he was a television repairman with a criminal record and a generally dubious reputation. In one student's words. Rusk was a "lowlife." Despite the fact that Rusk's appeal to a jury was substantially diminished this year, he was acquitted at all threetrials. An interesting point made by Wood is that students begin to "realize thatit [atrial] is like theater." Evidently some students internalize this point too much and begin to make up facts in mid-trial. While Ewing has had trouble preventing this behavior, he is able, to some extent. to counteract these prejudicial remarks through his jury instructions. There is something ironic about the results of Ewing's trials. In "real life" a total of 21 judges heard Rusk's case at various stages, between trial and appeals, and only 10 of them felt that there was evidence sufficient to convict. Perhaps the undergraduate jurors knew something that the real Rusk triers never did. In any event, Section One students seemed at a loss to explain the defendant's consistent success here. Nonetheless, in the words of one Section One student who preferred to remain anonymous, "I wish all my courses were this much fun." SBA Appointments W rt/)7 H CIQQ / ZJO / / £700 Library Committee Victor Arias Rohan Marshall Karen Surber Budget Program & Review Gregory Vinal Derek Akiwumi Jeff Magavern Joe Cox (Alternate) Special Program Kenya Mann SueAnn Nazario Rhonda Lattimore Edna Torres (Alternate) Academic Procedure & Policy Renee Filiatraut Jim Biagi John Bonazzi Bob Mcßride (Alternate) THE PASSWORD: Plk gSg M^M*f\ I jiff m T Faculty-Student Relations Board Karen Surber Robin Barnes Tammie Schultz Kirn Duffin (Alternate) Admissions Doug Dimitroff Stacy Qi over as „ Victor n *" aer „ P?"" (Alternate) Dav,d Sm,th Appointments Jim Ghent Doug Hotter Andy Bechard Kyje Maldiner (Alternate) Academic Standards & Standing Tammie Schultz SueAnn Nazario Kenyg Mann Kirn jackson (Alternate) Mitchell Lecture Series Rohan Marshall 41 $ Seventh Avenue. Suite 62 New Vork NewYork 10001 ( 212 SW-J696 (201) 623-5363 > - �TO: Student Organizations & Students Seeking to Attend Conferences FROM: Michael Q. Kulla, SBA Secretary (outgoing) RE: Obtaining SBA Funding for Conference Attendance Due to limited funding, the Executive Board of SBA has decided on the following guidelines for all students and student organizations who wish funding to attend conferences: 1. The represented student organization should be ap- proached first for money, either from their SBA allocation or from their own fund-raising. 2. The next source offunding to be examined is interested faculty members and/or the dean. Appropriate funding proposals may be written for their attention. 3. If there are still expenses which are not covered, the SBA will then consider allocating money to the conference attendees. A copy of an estimated expense sheet must be written and submitted to SBA before attendance at the conference. 4. Should the SBA allocate funds, the attendees must either write an article for The Opinion or hold a meeting with similarly interested students to disseminate information acquired at the conference. 5. Should the attendees use their own cars and SBA reimburses for mileage, university-defined standards for mileage costs will be used. Editor's Note: This item was to have appeared in an earlier issue of The Opinion, but due to an oversight it was omitted. We apologize for any problems this may have caused. You'll get first hand experience in the courtroom right from the start. In three years, you could handle more than 3,000 cases in a wide variety of subjects from international to coni zz: ,, tracts to criminal law. If you think you have what it takes to be a 1987 Yearbook Undone By Apathy by Andrew Culbertson Although I have never had the desire to work on a year- book committee, I have always assumed that there were people out there who did. This was a reasonably safe assumption in high school and college. However, it has come to a point where such assumptions, on my part and the part of many fellow law students, are illfounded. For one reason or another the Advocate, the "official" law school yearbook, has had very few advocates in recent years. Before 1986, there hadn't been a yearbook for at least eight years. But for the efforts of one person, Victor Siclari, the 1986 yearbook would have been nonexistent as well. Thus begins the saga surrounding the Class of 1987 yearbook, which has yet to come out. Enthused, perhaps, by the return of the yearbook in 1986,the Class of 1987 formed a yearbook committee early last fall. According to Marie McLeod, technical assistant to Assistant Dean Aundra Newell, and one of the driving forces behind the completion of the 1987 yearbook, this committee, although effective at first, ultimately lost interest in the project. "The main reason the committee failed to get the job done was because it didn't have a leader," she stated. The biggest problem, apparently, wasn't just that the committee lost interest, it was that the committee lost interest after it had signed a contract with Josten's to produce the yearbooks. In McLeod's opinion, one of the most important functions of any yearbook committee is to try and raise money, particularly through fund-raisers. This is due to the fact that one yearbook costs approximately $30 to produce, but costs the student about $15 or $20. This means that there is a substantial deficit that has to be made up. Unfortunately, the commit- Marine Corps Officer and lawyer, talk with the Marine Corps Officer Selection Officer when he visits your campus. More than 190,000 Marines could use your service, If tigXVG jqs% /l/l/J 1 Maybe you can be one ofus. <^Sskz nwm jSSI iSISA mgr i7U,UUU CllCtltS l i i i i i i i i i i i i i i i i i'iw Av%iTß fha c4-€kv+ tee made no attempt to raise money. This, however, wasn't the only financial snafu on the part of the committee. Until very recently, $1,200 in checks, which had been submitted by potential yearbook purchasers last spring and never cashed by the were missing. committee, Zulma Bodon, a third-year student who was assigned to help solve the financial problems created by the committee, ultimately found the checks. However, this hardly solved the problem. According to Bodon, "about one-third of the Class of 1987 gave money towards yearbooks. However, many of these checks bounced, since a large proportion of the students who had submitted them had closed their Buffalo checking accounts when they graduated." Her job was to send letters to these studentsand ask them for new checks. She also sent out letters to students who hadn't originally purchased yearbooks, asking them if they had changed their minds. How successful these efforts were has yet to be determined. At the present time, the SBA still owes Josten's upwards of $2,700. At the moment, the yearbook is tentatively scheduled to come out in February, nearly a year later than when it should have come out. The Class of 1987 is gone, there's a debt of nearly $3,000, and, perhaps the most disturbing fact is that a large portion of the yearbook has been put together by nonmembers of the Class of 1987, including McLeod. "At this point I'm filling in empty pages with faculty photos and candid shots. I hope that it will look nice and not just look like filler," she commented. McLeod also points to thefact that the yearbook was supposed to be dedicated to Judge Charles S. Desmond, who passed away earlier this year. Normally, the dedication in a yearbook is written by a member of the class that's graduating. At this point, the dedication has not yet been written, and the person who's supposed to write it is a member of the Class of 1988. Perhaps, at this point, you're asking yourself why a yearbook is so important. In thewords of Bodon, "This experience is valuable and should be documented. When I'm70 years old I want to be able to look at a yearbook and remember the people and the experience." She also added that since this is the law school's 100th anniversary, it would be nice if the Class of 1988 had a yearbook to at least commemorate this occasion. At this point, however, no plans have been made for a Class of 1988 yearbook. What this means for the future of the Advocate is uncer- tain. Producing a yearbook is obviously a project that requires time, leadership, and a certain degree of dedication. Unless students are willing to see this type of project through, the cost is simply too high to undertake such an endeavor. November 11, 1987 The Opinion 3 �Stanley H. Kaplan has chosen his bar review. Jk Have you? For years, Kaplan students have been asking for a bar review course with the same standards of excellence as Kaplan's other courses. After carefully investigating bar review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family of outstanding educational offerings. The academic -integrity and comprehensive, well-paced structure of the SMH approach made Mr. Kaplan's decision an easy one yours should be too! C Preparation is now available for CaliM fornia, Colorado, Connecticut, District of M - teipeb Columbia, Florida, Illinois, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Texas, Vermont, and Virginia. The Best Course Of Action. CAMPUS REPS: Deborah Morel David Freitz Leslie Gleisner Krista Hughes Greg Maxwell Michael Balconi Lamica - .„. ____^ -^_^^__M ________ ml Il># J^^r9swfflsJwm H *flll I jj fV *«%?*%tik && Ifc^^, % jJa ] m The Opinion November 11, 1987 wk X X \r J|j JL M -'mum ,j& 1 X X^7\ -«»"«*■»«*& Pa| J -'-» JJ /ji4 1 W 3Kj '"NteJ* jflfto 1 llk ' >® ,^^*l cd. center 1330 Niagara Falls Blvd. Tonawanda, NY 14150 Stanley kaplan 716-837-8022 4 *%&L- m. w' '* nTj <jj| ■ «■— W ■ X A ■ �Buffalo Chapter Federalist Society Announces Principles by James P. McClusky The Federalist Society for Law and Public Policy is a national organization of conservative and libertarian law students, faculty members and lawyers who have joined together to combat the current form of liberal ideology which is taught as if it were the law. The Buffalo chapter began several years ago in ordertoadvance, traditional principles of federalism as envisioned by the framers ofthe Constitution here at Buffalo. With the elevation of Rehnquist to Chief Justice of the Supreme Court and the nominations of Scalia, Bork, and Ginsberg to the same court, the beliefs of the Federalist Society have been put to the forefront. They are not beliefs, as Judge Bork's have been portrayed, that deny rights and privileges to the citizens of the United States. Rather, it is a belief that the role and powers of both the federal government and judici- ary are of limited scopeand that "The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would be the substitution of their pleasure to that of the legislative body." (The Federalist No. 78.) The affiliation with the national organization offers us the opportunity to interact with others of similar beliefs, to attend symposiums and to participate in the editing of The Har- AWLS Begins Major Transformation by Coggeshal! and Barbara Brenner "If thefuture is unwritten, the future must be woman." This statement captures the essence of thetransformation occurring in the Association of Women Law Students. The reorganization efforts this fall have brought together a diverse group committed to making the Association of Women Law Students a viable student organization dedicated the interests of women. AWLS has formulated an agenda for the 1987-88 acato demic year with activities designed to accomplish thesepurposes. In addition to presenting AWLS as a visible women's collective addressing the interests and needs of women law students, to broaden political awareness concerning the condition of women in society and to actively develop connections with other university and community women's organizations. The following is a list of activities now in the process of being planned and implemented by various committees within AWLS: 1. AIDS education forums. 2. A Brown-Bag Series with the purpose of inviting women faculty members to informally address lunchtime gatherings. 3. The formulation of a position paper to be presented to Dean Filvaroff, in addition to rewriting the constitution of AWLS. 4. Fund-raising events to support the activities of AWLS. 5. A newsletter drawing submissions from the university and community designed to provide a forum for addressing the condition of women in society. 6, An International Women's Day week of events, including films, panel discussions, a rally, and speakers. 7, Organized efforts to publicize the activities of AWLS, and to network within thp universify and community. The first scheduled event is a brown-bag discussion with Professor Diane Avery at 12:30 p.m. on November 12 in thefirst floor lounge. The topic will be "Property and Contract Disputes Between Couples" (married and unmarried). The next scheduled meeting ofAWLS will follow the brownbag discussion on November 12. AWLS invites all women law students in the supporting, planning and implementing of these events addressing the interests of women. Join us in writing the future of women. Grants From Sub-Board To Enrich Student Health Sub-Board I, Inc. has grant money available to enrich student health on campus. Students, staff and faculty are eligible to submit applications for consideration. Grants will be awarded to individuals or groups to develop new or enhance old projects that contribute to student health either physically, emotionally, educationally or practically. There is presently $9,000 available.This money will bedivided amongst the qualifying applicants by a grant committee and will be approved by the SBI Board of Directors. If you have any questions, contact Mara Hoffman, President, Sub-Board I, Inc. Rules The money from Sub-Board Student Health Care Grants may be used to pay for only those things specifically listed in the original grant applications. Sub-Board will not pay for any bills incurred before the date grants were awarded. For those who are buying a piece of equipment or purchasing materials to be used in a program, workshop, etc., you should have the company bill you or your department. The bill should then be submitted to Sub-Board. We will mail a check directly to that company. We will not reimburse individuals so do not pay any of the bills yourself. Also, please note on the bill or invoice exactly what it is for. If the grant money is to be paid to a person as an honorarium or as fees for services, a contract should be filled out (available from the Sub-Board office) and submitted to SubBoard. Once again, the check will be mailed directly to them. If they must be paid at the time the services are rendered, arrangements can be made for the check to be picked up by your organization. Grants awarded are for this academic year. Any grants awarded thisyear which are not used this year will berescinded. All people receiving grants should keep a strict accounting of the money they have spent. Sub-Board will not be responsible for any expenses incurred greater than the amount awarded to your specific project. yard Journal ofLaw and Public Policy —a student-run conservative and libertarian law review. Another principle advanced by the Federalist Society is that it is first the responsibility of communities and individuals, not the federal government, to aid the needy in society. Therefore, each year the Buffalo Federalist Society organizes and conducts a canned food drive to benefit the poor and homeless of the Buffalo area. This year we will collect canned goods between November 2 and 20. Collection boxes will be in the mailroom and outside room 505. We hope you will join us in trying to make theThanksgiving of those less fortunate a little brighter. The Buffalo Federalist Society also seeks to encourage discussion of the "Principles of the (listed Federalist Society" below). In light of this, each year we attempt to sponsor speakers and/or debates presenting right-of-center counterpoints to the usual views advanced by the regular faculty at — — — — — — — ÜB. For those wishing more information on the Society's activities or those who wish to join the organization, contact the Federalist Society at Box 795 or keep an eye out for signs announcing our next meeting. Principles of The Federalist Society That the state exist to preserve individual freedom; That economic and political — — liberties are inextricably intertwined; That the separation of governmental powers is central to the Constitution; That it is emphatically the province and duty of the judiciary to say what the law is, not what it should be; That this task of objective interpretation is not so far beyond man's grasp that we should despair, and, in the name of "realism," fall back on prejudice in making judicial determinations; That the constitutional scheme did not contemplate the imposition by fiat of the legislative preferences of members of the judiciary, under the banner of "social evolution"; That this type of judicial legislating, being insulated from the check of popular support, has been a key instrument in the expansion of federal governmental power; That this expansion has been at the expense of individuals' abilities to control their own destinies; And that the true purpose of legal order is to ensure that the power conferred upon the state is used to make safe people's lives and property, the true purpose of an independent judiciary to prevent the rigging of the legal order into an extension of the sovereign's will, and that neither legal order nor judiciary is presently serving these purposes. Bundy Aid To Be Increased Assistant Assembly Speaker Edward Griffith (Dem. 40th AD, East New York, Brownsville, East Flatbush) will be introducing legislation which would increase the level of Bundy Aid to law schools. ever, is only $950 per degree conferred. This legislation would eliminate the disparity in funding between law schools and most other institutions sponsoring doctoral programs. The Bundy Aid program was established in 1969 in order to keep independent colleges and universities fiscally sound, encourage increased academic activity and new opportunities for students. According to Assemblyman Griffith there is no compelling public policy concern which justifies such a great discrepancy in state funding between equally meritorious programs. Law schools and their graduates provide an important public service and accordingly should be treated on an equal footing with their counterparts from most other doctoral programs. Currently, Bundy Aid to most institutions sponsoring doctoral programs is $4,550 per doctoral degrue conferred. Bundy Aid to law schools, how- L/M/8M. in tlie summer ol 1387. prepared more tlian 37NN 8tullent8 for tlie Klew VM Kgs exam. Ike piepel course psepgreci gMuximgtelv 17llll 8wllent8. l_KNL58IKW lVll)8I prN80Ml_l?rll 8/M nrvlrw November 11, 1987 The OpinionPagefive Page five �I^^^w. STATE UNIVERSmf OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 6 November 11, 1987 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Susan J. Clerc, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Pat Miceli, Alexei Schacht, John Williams. Contributors: Barbara Brenner, Jeannine Coggeshall, James P. McClusky, David Hunter Ross. S> Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial "Death, Rebirth and Other Metaphors" In their letter to the editor in this issue of The Opinion, 3rd year SBA Directors Andrew Bechard and Molly Dwyer describe the Student Bar Association as facing a paralysis. In the most literary sense, this is the perfect time of year to be discussing an impending paralyzation. The "dead" of winter is just around the proverbial corner, but the stasis here at UB does not necessarily have to result in any kind of symbolic death. At the risk of overdosing on metaphor, Dean David Filvaroff is arriving just in time to help achieve a rebirth for the law school. Change, however, must begin with the students, and with prevailing attitudes. Dwyer and Bechard point up several areas of concern, one of which is the recent faculty-student committee appointments. These committees touch upon virtually every aspect of student life from who is — admitted to the law school, to who is chosen to teach the admittees, to whether a student should be allowed to remain in school. Besides the inherent political disagreements, the selection process is fraught with problems, not the least of which is that there is not enough time to interview all of the people who want to sit on a committee. This year there was a great deal of dissension over the Admissions Committee, for which there were only 13 interview slots but many more interested students. SBA President John Williams had hoped to improve the selection process by lengthening each interview session from last year's five minutes to 10 this year. But while the interviews were more thorough this time, the problem of too many potential candidates and not enough time was not resolved. For once there is an abundance of student interest, and the goal of SBA should be to encourage that interest. Of course, while SBA Executive Board and Directors are elected to serve the students, it must be remembered that they too are students, and it is not always possible in the last half of the semester to take large chunks of time away from studying. It would seem, then, that the most logical solution would be to conduct the interviews very early in the semester and perhaps over two consecutive weeks to accommodate all of the students who wish to serve on a committee. SBA Directors could serve shifts as they did this year, which seemed an effective way to allow everyone to participate. Two other areas which were not cited by Dwyer and Bechard were Commencement and the Yearbook. Weeks ago we were asked for suggestions for commencement speakers, but it has not been revealed who is even under consideration. This time the process seems to be out of SBA's hands but it shouldn't be. SBA might be advised to take the initiative and form a committee as it has done in the past. This is the centennial of the law school, and something should be done to assure that the Class of 1988 is given appropriate commencement ceremonies. If the effort is not made to obtain a speaker, that can only reflect poorly onthe graduating class. — The final area of concern is the yearbook. While no one seems to want to put in the necessary hard work, most everyone expects a yearbook and is disappointed if one does not miraculously appear. A yearbook is really the only thing we will have in 20 years to remember our three years at UB Law. While right now these years are something most of us want to forget, several years down the road the misery will fade and we will want to look back and remember the friends or the enemies that we made. Without trying to sound maudlin, The Advocate should not be allowed to whither away. Interested students are strongly encouraged to contact Marie McLeod. David Filvaroff is coming to this law school with a great deal of enthusiasm. He sees considerable potential for UB Law School to move ahead. We can all help to push past this threatened paralysis and help the law school realize its full potential. Come and hear an interesting candidate for Today at 12:30 in the sth a clinic position floor faculty lounge. — 6 The Opinion November 11, 1987 THE OPINION MAILBOX Raws in SBA Agenda To The Editor: The Buffalo Chapter of the National Lawyers Guild has recently been in the forefront of controversy concerning its sponsorship of "political activities" such as the anti-Bork and anti-contra aid informational tabling. There has been a good deal of criticism and calls for accountability in an organization that appears to be very active, not to mention fairly and collectively managed in an effective manner. Paradoxically, such criticism could also be easily leveled against the Student Bar Association (SBA). The SBA, the umbrella administrative group for all law student organizations, seems to be facing a paralysis in carrying out what have in the past been routine functions. The following are a few examples of some of the problems in the current SBA administration: Exclusion of first year students from SBA events Probably the most obvious blunder of the Student Bar Association to date has been the scheduling of an SBA-funded party while first year students were off for their week-long Octoberbreak. While the SBA administrative function cannot be expected to come to a halt when first year students are on break, one would expect that the planning and social activities would stop to insure the first year students a voice in planning and an opportunity to attend social functions. It will no doubt come as surprising news to many first year students that on October 15 there was an SBA-funded party at Casey's Niteclub on Kenmore Avenue in Buffalo. This was a party that first year students could not attend because of their October break. First year students funded with their mandatory student fees a party that an overwhelming majority of their class could not attend. Even more problematic, we can speculate that most other law students did not know of the October 15 SBA party since publicity for the event was disseminated only one day prior to the event's oc- — currence. As a first year student I would be angry and disappointed that the October 15 party was not held on a date when all classes could attend. As third year stu- dents we are angry and disappointed that the social activity planning function of the SBA appears to be incompetent. We therefore demand an accounting for this action and an explanation for an obvious and inexcusable error. Committee Appointments The faculty/student committees at UB Law play an integral role in allowing students a voice in administration, policy and planning. The Student Bar Association is charged with interviewing and appointing students to the various faculty/student bodies. There are serious questions as to the effectiveness of the student role when appointments do not occur until twothirds of the fall semester has been completed. There has been criticism in the past that the faculty-student committees rarely meet and effectuate little policy; however, theSBA has to make an affirmative step earlier in the school year to maximize student input and to show the law school administration that students are serious about their role. The law students rely on these committees as theirvoice in school administration; that voice is seriously silenced when the first of November has come and gone and student appointments are still not made. We demand an accounting for the inaction on the part of the SBA and an explanation for its failure to make the faculty/student committee appointments in a timely fashion. Club Night —There is little opportunity for first year law students to gauge the quality and diversity of the various law school student-run organizations without the traditional fall semester club night. Primarily aimed at the first year student, club night affords each law student organization an opportunity to set up a table in O'Brian Hall to disseminate information and answer questions that law students might have abouttheir groups. Club night is traditionally held during the first week offall classes so as to allow students exposure to various organizations and allow them to make an early and informed decision about which organizations they might want to join. For some unknown reason this SBA administration has given club night a very low — priority and thus has performed a disservice to the entire law school. Club night, like the faculty/student committee appointments, did not occur until a full two-thirds into the fall semester. A numberof people have lost out due to SBA inactivity on this matter. First year students lose because they are not afforded an opportunity to access the various law school student organizations at one time and in one place. The organizations lose because they may not reach all potential members without the essential visibility provided by club night. We are curious as to why thisomission of club night has occurred and we demand explanations for blatant inactivity. The Student Bar Association has the potential to be a powerful force in the university community and in the greater Buffalo community. With a concrete vision and agenda the SBA could have a strong voice with the law school administration, the Erie County Bar Association and with University President Sample's office. However, this SBA administration seems to be plagued by inactivity, a lack of vision and agenda, and an inability to carry out vital and necessary functions. The authors of this letter are SBA Third Year Class Directors. We are not motivated by a desire to critique the Student Bar Association, but a desire to see SBA as an effective and strong law student voice. As class directors we have wasted many long and tedious hours in SBA meetings trying to define the word "political" whenthat time could have been better spent serving student needs, developing concrete strategies to improve law student life, and taking care of simple SBA business. The Buffalo Guild seems to have welcomed the debate about the appropriateness of the anti-Bork tabling because this pushed the Bork issue to its rightful place in the forefront of law student consciousness. We now think it is time to shift the public critique away from the Guild and ask UB law students to start asking serious questions about the leadership of the Student Bar Association. Our intention with this letter continued on page 9 SBA Seeks Position Papers TO: FROM: DATE: Student Clubs Maria I. Doti, on Behalf of SBA November 4, 1987 Subcommittee for Developing Student Issues Law Student Club Input SBA would like to present an agenda of student concerns to Dean David Filvaroff. At present there are nine basic categories: 1. Curriculum 2. Advisement and Support RE: 3. Registration 4. Library 5. Our Law School's Rank 6. Financial Aid/Loan Forgiveness 7. Student Lounge 8. Child Care 9. Miscellaneous (A number of good suggestions were received which do not fit into one category. A list will be drawn up and published.) However, the subcommittee realizes that every student group may have unique concerns and problems in the law school community. We want to afford every opportunity for students to be heard. In order to help define those issues of concern to the student body, the subcommittee is requesting that every student club meet with its membership and prepare a position paper describing its viewpoint. The position paper may discuss any of the issues listed above or it may address a new set of issues. Papers should be detailed but concise. Any supporting documents (i.e. surveys) may be included. Please try to type all submissions. Include also your organization's name and the name of a contact person. We would like to present the papers in the early part of next term; however, we realize that exam time is approaching and that a completed paper may be impossible. The subcommittee asks that the student clubs try to submit an outline or a notice of intent which explains the areas or issue to be discussed. We need the information to assign issues to committee members. These assignments will be announced at a later date. New members are always welcomed. We understand that there are many demands on your time at this point in the term; however, this work is important. Let's try to make SUNY Law School a better place. �by Daniel Ibarrondo psa oquitur ResIL ROTC Law Students Combat "Mood Court" You win some, you lose some. These days everyone is playing the Mood Court game. For those who don't know how the game is played, allow me to briefly explain. First, you round up a bunch of anxious, gung-ho ROTC students who have a strong desire to put "Mood Court" on their resumes and/or to make the Mood Court Board. You divide this group into teams and ask them to drop everything they're doing and write a preliminary brief. The anxiety factor grows exponentially as the briefs are evaluated and exchanged between the contestants/combatants. Second, you ask the teams to workon becoming familiarwith military rules and commands so that they can effectually participate in the oral argument aspect of the game. The reasons for people engaging in this exercise of semantic acrobatics are many. Some people actually enjoy taking on extra projects in addition to an already insurmountable work load from jobs, classes, etc. ... As far as personal life is concerned, ROTC students don't have one anyway, so this is not a limiting factor. To many people, the idea of arguing arcane issues before a group of generals, staff sergeants, members of the Armed Forces Committee and other assorted pestilence is in and of itself frightening. However, there are members of the ROTC student body who actually derive pleasure from this oral exercise. In this era of high-risk recreational activity, perhaps this type of interpersonal interaction is relatively low-risk. Though the participants may be wracked with anxiety for the duration of the competition, everyone who survives the ordeal comes out a hero in the eyes of the viewers. The feelings of accomplishment, elation at it finally being over and a monumental release of ten- sion that sweeps over the combatants when their part of the war game is concluded can easily be compared to the feeling one has when a long, tumultuous, straining relationship is finally consummated. The combatants then go through a series of rounds where they demonstrate to the generals and staff sergeants their mastery of military rules and commands. This performance is then graded on the basis of best pressed fatigues, mastery of military codes and commands, personality and leather neck appearance. Not necessarily in this order, although the best pressed fatigues score is doubled by the clerks/privates first class for this is the one that impresses the generals the most. The generals, staff sergeants and Armed Forces Committee are given the war plan, which sets the tone of the game, ahead of time so that they can question the combatants' com- mand of military codes, rules and strategy. This is not to say that they would have read and understood the issues before the show begins. In actuality, the disclosure of the war plan to the generals before the show is merely an accounting procedure to make sure that they'll attend. The combatants are then given three rounds to prove themselves. This is the part that confuses most of our contestants/ combatants. A lot of casualties occur during this period of the game because combatants assume that they're being scored on knowledge of military commands and rules. Baloney! As I stated, those with the best pressed fatigues and good leather-neck appearance will most likely be the heroes. Polyester fatigues definitely do not get you intothe quarterfinals. You should have no problem on this part of the game if you keep in mind at all times that the ob- SBA Briefs! ject of the game is to sway the general's "mood" inyourfavor. There have been numerous instances throughout the many years that Mood Court has been played where the generals, staff sergeants and Armed Forces Committee have been known to ask questions about everything else but the war plan given to them. Don't get upset over this. Generals are busy people working round the clock to keep the economy going and have very little time to do leisure reading. We should be grateful that they decided to participate in America's number one game show. Also, please do not get upset and let the generals know that you know they didn't bother to read the war plan before they came to judge you on your performance. That's another game show called "Rude Court." This article was co-written with Edwin D. Price, member of the Down By Law Crew. by John Williams SBA Finalizes Student Committee Interviews After two nights of intense interviewing we chose those students who we felt could best represent us on the various law school committees. We would like to extend the greatest amount of appreciation and thanks to those who came in to interview. This activity is for the non-law school community (faculty and administration)., For the past three years I have watched many students enthusiastically interviewforthese committees. It has been my understanding that these committees are supposed to represent an attempt at establishing a law schoolwide governance system. In all honesty, it is my opinion that the attempt has fallen short of its intended goal. One would have to ask how this happened. For the last three years the SBA has done its part; we have generated more applicants for the committeethan representation calls for or allows. The administration or chairpersons were not doing their fair share to create a sense of committee government. I find this a strange phenomenon in a place such as Buffalo Law School. The only committees where student input is given the weight to which it is entitled are admissions, special programs, and appointments. The tremendous workload of these committees requires that every member participate. Consequently, they are the committees which have the most im- pact on the school and foster a true sense of community. Two very important committees where student representation is a clear act of tokenism are the Budget Program and Review Committee and the Academic Policy Procedure Committee. I am qualified to evaluate these committees because I have served on them both. The Budget Program and Review Committee is supposed to create and administer the law school budget. This committee tells the central administration what budgetary lines are or are not important. My first and only year on this committee that group met once during the fall semester. At this meeting the students were told thatthe bud- get was in place and our input was not necessary for that particular year. When asked if we were going to meet again, the Dean at that time told us that "it (was) not necessary to have meetings to discuss nothing." To the best of my knowledge the students who were members of this committee last year never had the opportunity to contribute the student perspective to the budget process. As a second year student I served on the Academic Policy and Procedure Committee. We met only once to hear the Dean's finalized selection of courses. Not once did the committee sit down and discuss what courses should be offered. Guild Perspectives We did discuss and had some input into academic policies re- garding independent studies, how much credit should be awarded for law classes taken in another country, and other graduation requirements. I could not believe that a committee this important met only once. After our meeting one professor remarked that "it was enlightening and very productive to get student views on academic policy." This system sucks. I don't want to go back to the old way when there was no student input. We ask forfull participation in all the committees. They require our voice let us be heard. — by Andrew Bechard and Molly Dwyer Guild Asks: Who Is This Judge Ginsburg Anyway? On Thursday, October 29 a giddy Ronald Reagan announced his latest nominee to the United States Supreme Court, Douglas H. Ginsburg, a conservative judge on the United States Court of Appeals for the District ofColumbia Circuit. The nomination was made after several Democratic senators made it clear to Reagan that Ginsburg was the most controversial judge on the list of prospective appointees. One cannot help but recall the threat Reagan made to theSenate a couple of weeks ago. Peevish in his disappointment and frustration at the looming failure of Robert Bork's nomination, the President of the United States hissed that he would just appoint someone else, someone who would upset them (the Senate? the American people?) just as much as Bork had. So, just who is this man Ginsburg anyway and should he be a Supreme Court judge? Reagan described his new nominee as "a highly regarded member of the legal profession." Reagan tells us that Ginsburg's "career as a federal judge, as Assistant Attorney General of the United States, as a senior official of the Office of Management and Budget, as a distinguished professor at HarvardLaw School and as a former law clerk to Supreme Court Justice Thurgood Marshall makes him eminently qualified to sit on our highest court." (NYT, 30 October, 1987, p.D23, c01.2.) OK. He looks good on paper, but does that make him qualified for a place on the Supreme Court? Judge Ginsburg is 41 years old. He has served on the appeals court only 14 months. When he was appointed to the appeals court, the American Bar Association game him their lowest rating. Ginsburg has never been involved in private law practice. He has written very little so his views on key constitutional issue such as abortion, expansive privacy rights and the rights of women and minorities are unknown. What he has written has focused on technical, regulatory and antitrust issues. So, we know he is a strong advocate of Reagan's conservative, free market approach to these areas of law. Senator Edward Kennedy called Judge Ginsburg "an ideological clone of Judge Bork a Judge Bork without a paper trail." (NYT, supra.) Reagan said, "Ginsburg is, as I am, as every Justice I've nominated has been, a believer in judicial restraint." An interesting appointment strategy appoint someone without a record, then the Judiciary Committee and the American people will have nothing to go on. Reagan says he's great so he must be, let's just appoint him and get it over with. It's not exactly an attitude that gives us much credit as a thinking population, is it? Just slip him by, they'll never notice. Wrong. People are concerned. People are curious about his mystery man who, if approved, could serve on the Court for decades. Ginsburg was considered a dull teacher at Harvard. His students regularly gave him the lowest possible scores on faculty evaluations. Histenure was delayed for a year because there was concern about his lack of important scholarly writ- — — ing. When he was with the Office of Management and Budget, he and the office were strongly criticized for ignoring the intent of Congress in regulatory statutes and it was alleged that Ginsburg and OMB had "improperly interfered with efforts by the Environmental Protection Agency to issue rules on asbestos and the storage of hazardous wastes in underground tanks." (NYT, 1 November, 1987, p.l c01.6.) Judge Federal District Thomas Flannery agreed and awarded $49,738 in attorneys fees to the environmental group that had filed a law suit alleging that Ginsburg and the OMB had gone too far. There is also some controversy surrounding a possible conflict of interest, breach of ethics and possible crime which occured when Ginsburg, employed by the Department of Justice, supervised a government effort to win First Amendment protection for cable television operators while he had a $140,000 stake in Rogers Communications Inc. acabletelevision operator. — Reagan is pushing for a quick confirmation of Judge Ginsburg. He has urged that there be no "repetition of the campaign of pressure politics that has so recently chilled the judicial selection process." He says: "It's time for the Senate to show that it will join with me in defending the integrity and independence of the American system of justice." (NYT, 30 October, supra.) The White House is accusing the ACLU of gearing up a campaign against Ginsburg. The ACLU denies'that it is doing any such thing. It is simply asking questions. That is the job of the ACLU. Their function is to act as a watchdog for our civil liberties. Theirfunction is to provide information. Reagan has shown us what he considers to be defending the integrity and independence of the American system of justice. He has done his job. He has nominated Douglas Ginsburg to fill the vacancy on the Supreme Court. Now, the Senate Judiciary Committee and the Senate must do their jobs. We must do ours. Together continued on page 9 November 11, 1987 The Opinion 7 �8t»te sn6 (Government The external component is the second way in which the Jaeckle Center would be restored. This component consists of an internship program. Munger indicated that he and Professor George Kannar are now active in the process of creating "public sector" and "public interest" jobs: "George is looking for things like ACLU placements while I am interested in placing students in state and local government internships." Also, he noted that there is a good possibility that some internships may be available for the coming summer, and that they would pay "a substantial summer stipend." But to do this, he said, the program needs to seek funding, both from the University and from private sources. However, Munger expressed optimism about Dean Filvaroff's interest in reviving the center: areas of law such as those addressing private sector interests. ... He cited state and local finance, private land use de- velopment and other similar courses as representing a combination of private and public sector interests. This combination, he said, makes a student much more attractive to a private firm seeking to hire competent people who understand the intricacies of government and how its laws impact on the private sector. find money and find jobs for students. You can't ask for anything more concrete and beneficial than that." One concern frequently raised by potential government law students is that the concentration tends to limit the number of courses they can take in other Except for the clinics, he explained, "you really don't offer much help for people who want to know about the day-today street level politics and IVlu^el 6nm /12F0 tling is the way the relationship between the law school and the downtown Bar is perceived. "One of the most unfortunate things that happened is the suggestion that there is some kind of dichotomy between the downtown lawyers and the aspirations of the law school. I don't believe that this is so. I think that there are lawyers that said that we're practicing and career oriented and don't care at all. "But I think that there are a substantial number of lawyers who are seriously concerned about law and what its place is in society every bit as concerned as the faculty of the law school. And there's no reason why it should be suggested that there are 'camps.' They should all be in the same camp." The association between the law school and the downtown lawyers is not the only image problem that Professor Mugel thinks should be cleared up. He is afraid that the school is not being treated with the esteem that it deserves and is not being given the respect that a state law school should get. "The law school ought to be an outstanding law school and it ought to be treated as it were, as it is, fhestate law school. And the faculty and alumni should treat it as it were the state law school. "What it accomplishes is what a state law school ought to accomplish, not a local law — politics and on issues of economic decline have contributed to the increased interest in the program. "There is more and more interest in the human suf- tively." Munger's response to this concern is that although the program allows some flexibility, "there may not be space to take anything else it is a choice that you have to make." But he also commented that, to some extent, both government and private sector law converge. Traditionally, the state and local government program's primary focus has been on the larger issues of policy and on structural and constitutional matters. Although this approach is likely to continue, Munger would like to pay more attention to "street level concerns." "The most exciting development to me is to have a Dean that wants to promote the Jaeckle Center and is willing to from page 1 ... local bureaucracies or helping people to get in and out of the government office effec- school... I would like to see a greater devotion to this law school, to the law school, and a greater devotion to the aspirations ofthe legal profession and the effect that this law school has on the legal profession." The effect on the legal profession is nothing to take lightly. The Buffalo community and the state of New York are greatly affected by UB graduates. "One of the things that is so important about this law school is that this law school sets the standard for the caliber of practice that occurs in this community, and sets the standard of our judicial system. All but one or two of our present state Supreme Court judges are graduates of this school and all of the City Court judges are. Four of the Appellate Division judges and two of our three Federal Court judges .. this school has a real responsibility for what happens in the communi- The new emphasis on local a progressive perspective on municipal concerns. State and Local Gov't Program Outlined The Program of Academic Concentration In State and Local Government Law Purposes The purpose of the program is to give formal recognition to students who successfully complete a program of specialized studies in state and local government law in pursuing their J.D. degrees, thereby: (1) Providing students theopportunity to become specially competent in state and local government law; (2) Contributing to the quality of lawyering, legal research and law reform, wherever our graduates may apply their knowledge and skills in state and local government law; (3) Encouraging law students to enhance their research and writing skills; and (4) By attracting more students to the programs of the Jaeckle Center for State and Local Government Law, in- creasing resources for its research and publication efforts. Students who do not need the stimulus of formal certification to motivate them to take the courses and do theresearch and writing should nevertheless receive the recognition. The certification of successful completion of the program carries messages to prospective employers and others that may be missed in the mere listing of courses on the student's transcript. It would be understood that the courses taken in the academic concentration were specially designed as part of a program to provide a well- rounded education in state and local government law, and that the student has demonstrated capability in the basic lawyering skills of legal research and written expression, not just the capacity to receive passing or even honors grades in conventional coursework. Requirements for Certification 1. In addition to standard course requirements for the J.D. degree, the students seeking certification will be required to take and receive qualified or honors grades in the following courses or their equivalents: (a) Fundamentals of Munici- pal Law (course or seminar); (b) State and Local Government Law Practice; (c) Administrative Law (or State Administrative Law Seminar); and (d) State and Local Finance, or State and Local Taxation. Successful completion of Fundamentals of Municipal Law may be a prerequisite to enrollment in upperclass courses in the state and local government law curriculum, or may givepriority in such enrollment; and, in any event, should facilitate subsequent coursework, research and practice exercises in the field. Students who entered the program prior to the 1985-86 school year, when a research project was required, may elect to fulfill that requirement or substitute successful completion ofState and Local Government Law Practice, at their option. Under special circumstances, such as those creating difficult scheduling problems, students who entered the program dur- ing the 1985-86 school year or thereafter may substitute an appropriate research project for one of the required courses with the approval of the State and Local Government Law Committee. 2. Students will also be required to take and receive qualified or honors grades in at least three of an additional group of electives. Based on the projected curriculum for the current academic year and for recent past years, selection may be from the following courses or seminars: Collective Bargaining in Government; School Law; Legislation; Selected Problems in State and Local Government Law; State and Local Government Law Practice (if not taken as a required course); State Administrative Law Seminar (if not taken to fulfill the administrative law requirement); Introduction to Policy Studies; and Independent Study (pertinent projects); Employment Discrimination Litigation; Environmental Law or Environmental Quality; Natural Resources; Mental Health Law; Occupational Safety; Social Security Law; Health Care; Problems in Health Law; Legal Rights of Handicapped Persons; and Toxic Waste Regulation; Education Law Clinic, Public Law Clinic; Housing Law Clinic, Education Clinic; Land Planning Law (or Land Use Regulation) as a separate course; Law Reform Through Legislation. Others may be added or substituted from time to time. Consult theChairman of the Faculty Committee regarding qualified courses not on this list. 29 N6380N3 wliy mo8t people elion8e L^N/LNl . 8/M/LNl li38 mere tlign 35 VnrK gttnmeys available tn work ty-" Professor Mugel wants to emphasize that law is interesting above and beyond all career possibilities it holds. This is the type of attitude that Buffalo must not let slip away. "People who've attended the school are very proud, they do not want the law school to be a trade school they want it to be a broad school of critical analysis of the law but they are concerned to see that it remains the objective of the law school." witli ynu irom tlie time tlie ner review uegins tlimugli tlie exgm. . .. . Ilie piener course relies nn nne gttnrney. s»i !>>e n!>,e> ?8 V fering as a result of de-industrialization." Courses like Capital Mobility, he added, provide >ei<zn„!i, c»,»«c< NNI l«sile5eM2!iv«5 —^^^ (2«l) 6l,3,63 Page eight The OpinionNovembr1987, November 11,1987 8/M cNUN3t I«/Vs KLNUI vnu �Miss Social Procedure by Fiona Smythe-Horch Some Tips On Proper Restaurant Behavior Dear Miss Social Procedure, Recently a friend and I went out for dinner. The maitre d' gave us a withering look after examining our sweaters and corduroy slacks. What is the proper dress for restaurant dining? Gentle Reader, Many who seek my advice make the mistake of asking the wrong question. This is not a matter of dress, but behavior. In a restaurant, etiquette, whether it be in the form of table manners, dress, or general deportment, is directed toward one's fellow diners rather than the employees. You would not belch concussively, sport a topless bathing suit, or bray at a joke because it would disturb other patrons, not because it would offend the help. If restaurants were the arbiters of propriety salads would be served after the entree, no bread would appear at the table, footmen would offerfood from platters, and napkins would be neatly rolled on ser- vice plates rather than stuffed into water glasses. In the hope that patrons won't notice such obvious breaches, restaurants attempt to establish pseudo-personal relationships which allow them the same latitude as a hostess who extends an invitation to her home. The relationship beween an establishment offering services and one purchasing those services is a business relationship. As you know, all business matters unavoidably intruding on social occasions must be handled quickly and unobtrusively. "Two please," is a sufficient indicator of the manner in which you wish to purchase the service offered. The proper response to "Hi, I'm Randy, your server this evening" is "We'd like a scotch and water and a Manhattan." In both cases, return immediately to your companion. No doubt you now understand that your error was not one of dress, but one of engag- ing with the employee long enough for him to deliver and you to receive the withering look. A rather Victorian, and therefore useful rule is: What occurs in a diner's chair is not the concern of he who stands behind it. Dear Miss Social Procedure, Last week I had dinner in a restaurant with an acquaintance. She was so rudeandabusive to the waitress that I am still writhing in embarrassment. What do you have to say to someone who would do that? Gentle Reader, The hallmark of gentility is the absolute certainty that one's needs will be met in any situation. One who must resort to abuse directed at another marks herself as a person who is unused to getting what she wants. "A mistake was made in the kitchen. I ordered swordfish, not prime rib," stated in a matter-of-fact tone, will usually re- suit in apologies and a swordfish. "I ordered swordfish! What kind of place is this? Boy, are you dumb or what?" is the war cry of one who is accustomed to grappling with short order cooks over unheld mayo. If one receives truly poor service, adopt a confused attitude and confess to the manager, "I'm rather puzzled. I can't seem to get what I ordered. Would you intervene on my behalf?" I guarantee results. I suspect that your friend's rudeness is not directly related to poor food or service and that she probably uses waitresses as an outlet for a notably bad nature. If such occasions didn't provide theobvious cathartic effect she would, no doubt, prefer to consume haunches of SPAM while slumped over the kitchen sink. My advice is to leave her to it. There are many people who would love to spend time with a person of your sensitivity. UNITED STATES MARINE CORPS ■ JjMI iKw' OFFICER SELECTION OFFICE ROOM 205 FEDERAL OFFICE BUILDING 111 WEST HURON STREET BUFFALO, NEW YORK 14202 IN REPLY REFER TO from page 7 we must find an answer to the question: who is Douglas Ginsburg and should he be confirmed as a Supreme Court Justice? This is not a process that should be rushed. We owe it to ourselves and our children and our grandchildren to be careful, to investigate, to question. There is danger in accepting things at face value. Watch the news, watch the confirmation hearings when they begin, take in the information that becomes available, ask questions, and, when you decide one way or another, write a letter to Moynihan and D'Amato and let them know. Involve yourselves in this process. It is one that is sure to have far-reaching implications for you and the world in which we live. Don't just leave it to chance. Act. Act-Up. Speak Out. Flaws from page 6 is not to cause division or fac- tionalization within the law school or the Student Bar Association. We think it is very clear that law students could get a great deal more accomplished working in a union rather than as individual entities. However, we dothinkthat the criticism in this letter is factual and long in coming. We hope that thiscritique will be accepted in a constructive manner and used as such. As SBA class directors we should not have to be pushing the SBA leadership to lead, but there comes a time when people can no longer remain silent, passive, waiting for direction. Dear Law Student: As a Law Student at the University of Buffalo, you face challenges everyday in the classroom, and there will be many more to face following graduation. One of the "biggest challenges will be to find an entry-level job at a good salary that will allow you to make use of the skills and knowledge you have worked so hard to gain. Unfortunately, most entry-level positions in the legal profession require a lawyer to be little more than a clerk for senior members of their firm. The Marine Corps offers an option for a small number of very special Law Students. We sincerely hope thatfor the good of the entire law student body that this criticism will be accepted and used, and not simply reacted to and then discounted. I'm the Officer Selection Officer for the Marine Corps in Western New York. The option mentioned above is the Platoon Leaders Class with a Law Guarantee. A Law Student who completes this program will have a job waiting for him following Law School and acceptance to the Bar. His first work will probably be trail work, as either a prosecutor or defense counsel in courts-martial. A lawyer will have an opportunity to take on a tremendous amount of responsibility in a hurry. Marine Judge Advocates quickly learn how to handle themselves effectively both in and out of the courtroom. After acquiring a broad background in court work, you will have the opportunity to experience a widely varied practice. A legal office in the Corps is very similar to a civilian law firm involved in general law work. You will, in time, be involved in civilian and criminal cases, torts, contracts, and other fields of Law, including environmental and international. You will counsel military personnel on their personal legal problems; everything from wills and leases to bunco and fraud. The experience will be directly transferable to civilian practice. College seniors who intend to apply to Law School and first or second Guild The Marine Corps year Law Students are eligible to apply for PLC (Law). will send qualified officer candidates to Quantico, Virginia for a ten-week Officer Candidate Course, following which the student will return to school as a Second Lieutenant in the United States Marine Corps in an inactive status This means no "Marine Corps haircuts," uniforms, drills, meetings, or classes during the school year. While in Law School you will be promoted with your peers on active duty. During the summer months you may apply for active duty work in a Marine Corps Judge Advocate Office, during which you will receive all active duty pay and benefits of your rank. Following acceptance to the Bar you will be ordered to active duty for a period of three years. You could earn $23,000 your first year on active duty, $27,000 you second, and as much as $29,000 your third. We welcome comment, critique, and suggestion on this letter and hope that others (especially first year students) will make their views known in this space in the next issue of the Opinion. Molly Dwyer, Third Year SBA Class Director Andrew Bechard, Third Year SBA Class Director 111111111111111111111111111111111111111111111111111111111l PROFESSIONAL • TYPESETTING OFFSET " • PRINTING • FAST SERVICE S • COMPETITIVE PRICING U • MANY mm DIFFERENT _ £ S TYPESTYLfcS & • PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUMEPRINTING We will be on campus November 18th in the Capen Hall Placement Office to conduct interviews. No resume is needed. See your Placement Officer for an interview or call (716) 8 1+6-i+9ll/1+913 or toll-free 1-800-367-8762 and ask for the Officer Selection Office. <-^. JAMES gTmACVARISH Advertisement ™ "α^s SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! a ■ pUwGfo «■■• rTTPfT 1 \ tvj £j\j) 3171 Main Street {Main S. ot Wmspearl Buffalo. NY 835-0100 1676 Nia. Falls Blvd. (across trom K-Mart) Tonawanda, NY 834-7046 111111111111111111111111111111111111111111111111l November 11, 1987 The Opinion 9 �§| registration must RECEIVED BY ->H®««~ 11/15/87 /%/?er Course Includes: . m///tm Complete lecture series toy writing ■■ W"^J J| ■■■■ ■■ HllH drJj U I fill YIYC I" ill I Ul'l" Law student's discount of $125 will be deducted from the cost of $950 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 15, 1987. Multistate Practice o^£!vfl/n y& Multistate Professional Responsibility Exam # Multistate Volume Professional Responsibility iIUS />/ I I I — t/O/Z/2 , lWperS Jn Ifl~L/l(loo C iiiAnr\r n UUlUUnto t For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 747-4311 The Bar Course That Cares. Telephone: (sie> I I I I I I ■HB3BHH 10 The Opinion November 11, 1987 �Divestment Urged in Struggle Against Apartheid by Idelle Abrams It is an enormous task for Americans to try to fathom the conditions of life for blacks in South Africa. The effort to understand these conditions was the focus of the discussion led by Bojana Jordan, a black South African, who spoke at UB on Tuesday, October 27. South Africa is the law," said Jordan. Apartheid, the policy of separating the white minority from all other racial groups, is the law of the land, infecting every sphere of life. For example, blacks cannot sit with whites inthesameauditorium to watch a play or listen to a concert. This is true no matter how far apart the blacks may be from the white audience. The reason given underthe law, Jordan learned, was that the mere presence of a black person impairs a white person's ability to see the play or hear the concert. Jordan, author of the autobiographical work We Shall Be Heard: A South African Exile Remembers, was born in the Transkei region of South Africa. He fled the country after being detained by police for "political crimes." The story of his escape is but one illustration of the attitude of whites in South Africa. By playing the role of the obsequious black, Jordan was able to persuade the police who were holding him in custody that he was thoroughly repentent for his actions. Convinced by his display, they allowed him to go to the restroom unescorted. That small break was the beginning of Jordan's long path to exile. MANIA "Blatant LEGAL Pot Jordan also described his experience as a schoolteacher. When he began teaching in 1953, Jordan had both Bachelor's and Master's degrees in education. His white colleague had only a Bachelor's degree. Nevertheless, the white teacher received 10 times the salary that Jordan did. "This is the. law," said Jordan. discrimination in Along with the curriculum, Jordan was told to teach black students how to obey orders 16. Many other blacks have been killed. "South Africa is filled with the tears of mothers crying for their children." from their master. He was forced to sign a statement that he would teach black children "that they are inferior" to white people. The goal of the revolution, said Jordan, is not majority rule. Blacks do not want to replace one racially-based system with another. The Pan-Africanist Congress of Azania (PAC), of which Jordan is chief representative, diplomatic would not support proportional representation in government. "The only thing that is going to prevent bloodshed in South Africa is economic pressure," Jordan stressed. "This is our last appeal to the western world." Reserving seats for blacks, whites, Asians, and coloreds in relation to their percentage in the population would only perpetuate a racial society. Rather, said Jordan, "we believe in a non-racial South Africa. We bethe human lieve in one race The United States alone pours $14.6 billion into the South African economy. European and Asian countries also have significant economic interests in South Africa. If economic support is withdrawn the government will not be able to continue killing blacks and apartheid will fall, believes Jor- blacks were again denied a voice in government. They continue to be subjected to the rule of thewhite minority offive million people. Many black protestors have since been arrested. "The government has detained 22,500 people," said Jordan, including 5,000 children under the age of Jordan's talk was presented by the Graduate Group on Human Rights Law and Policy in cooperation with the Minority Affairs GSA, the Political Science GSA and the African SA. Z^^^^H BAR/BRI in the summer of 1987 taught ajj subjects tested on the New York Bar Exam. .. f The Pieper course, in the summer of 1987 did not schedule Administrative Law. Administrative Law appeared as an essay question on the New York Bar Exam. For the other 28 reasons, contact your BAR/BRI representatives (bexfbn BAR REVIEW ! THE BAR REVIEW COURSE THAT CARES ABOUT YOU" — race." dan. 29 Reasons why most people choose BAR/BRI J. Africa is economic pressure," Jordan stressed. "This is our last appeal to the western world." The revolt in South Africa will continue, asserted Jordan. "The fight against apartheid will never stop." The West can play an effective, and indeed an essential, role in the war against apartheid. Divestment and economic sanctions are powerful tools in the struggle for equality." Jordan dates the current uprisings in South Africa from September 1,1984,the date the new constitution was enacted in South Africa. This constitution set up a tripartite legislature with one representative body each for whites, Asians, and coloreds. The 30 million BAR/BRI vs. PIEPER Reason "The only thing that is going to prevent bloodshed in South SENSINfi TOAV SHELDOK MISHT HAVE A SU6HT EDGE IN THE 3D6 MARKET, BlfF DECIDES TO BUY A ZENITH PERSONAL ODMPOTBK Discover how Sheldon—the Computer Nerd—gets the big bucks. Why does a Computer Nerd like Sheldonend up getting all the job offers? Find out from your Zenith Data Systems Campus Contact. Andask about the special offer below. Sheldon says it's definitely executive material! 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Ny 14226 716/835-3090 vV^fVy wZiZH systems "^ THE QUAUTY GOES IN BEFORE THE NAME GOES ON' a^°ut how yuu can qualify for easy monthly payments witha Zenith Data Systems Credit Card! only on purchases through Zenith ConUct(s) listed above by students, (acuity and staff lor their own use. No other discounts apply. Limit one personal computer and one monitor per individual in any 12-month period. Prices subject to change without notice. 01987. Zenith Data Systems Soecial pricing offer good November 11. 1987 The Opinion 11 �Attention! CLASS OF 1988 Last chance for a Fall Semester Discount Save $100 off the 1988 course price when you register for BAR/BRl's New York, New Jersey or any New England State Bar Review Course. YOU PAY 1988 REGULAR TUITION STATE NEW YORK NEW JERSEY $975 $750 MASS., CONN., VT., MAINE, N.H. $850 DISCOUNT . /\/\ S IUU ' ■ $50 REGISTRATION FEE RESERVES THE DISCOUNT PRICE. (bwobn BAR REVIEW 415 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696 (201) 623-3363 (516) 542-1030 (914) 684-0807 160 COMMONWEALTH AVENUE BOSTON, MASSACHUSETTS 02116 (617) 437-1171 12 The Opinion November 11, 1987 ONLY $875 $650 $750 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-11-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/11/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ba46f0c86372aa5d1df1e8d2830e089d.pdf 896776fa6deb087367f897927635b405 PDF Text Text Filvaroff Suggests Physical Improvements for O'Brian by Krista Hughes Dean David Filvaroff visited the law school on Friday, Oct. 23 and Monday, Oct. 26 primarily to discuss physical changes that he foresees for O'Brian Hall. Filvaroff met with faculty, staff, administrators and student representatives at a luncheon in the faculty lounge to find out what our priorities are and to get feedback on some of his proposals. The new dean is concerned with what can be done physically to O'Brian Hall to make the law school a "moderately happier place." He proposed thatthe building which houses the law school is simply "not large enough to do all the things that need to be done. Ideally, the law school should be moved to a new building, but to even be approved for such a move, the law school will have to wait in line behind several other schools within UB that also need new buildings. However, even if approval were granted immediately, Filvaroff notes, a new building would not be ready for another six to seven years. Until that time, some more immediate concerns will have to be addressed. Filvaroff has focused on several trouble spots which he sees as contributing to a reduced quality of student life. These include the pressures of constant traffic from non-law students through O'Brian Hall, the lack of a common meeting place, the lack of adequate office space, drastically decreasing availability of stack space in the library, and an overall "dingy," depressing look. There is essentially nothing in the layout or decor of this law school that would "bring a smile to someone's face." Dean Filvaroff wants to do something about that. While nothing can be done to limit access of non-law stu- dents to O'Brian Hall, something will be done about their access to the law library. Student Bar Association Vice President Derek Akiwumi mentioned that he has spoken to University Provost William Greiner who may agree to allow the law library to be closed to non-law students for a period of 20 days during final exams. Regarding the lack of office space and its ever-increasing need, Filvaroff has looked into utilizing the "terribly useful" space on each floor behind the elevators. He proposed closing off the back elevator doors on the3rd through 7th floors, walling-in the area and creating extra offices. This could involve opening up the glassed-in walkways on the upper floors. On the third floor this newly usable space would most likely be used to house central computer equipment. Filvaroff explained that the University has plans to become complete- O THE PINION . . ly computerized, and Central Administration has chosen the law school to be ÜB's prototype. Over the next three years, virtually every function within the law school will be computerized and hooked into a central computer. Admissions and Records, CDO and the Alumni Association will share computer access with the law library, the deans' offices, and even faculty members who will be able to have word processors hooked up in their offices. success are presumably high. Regarding the law library. Dean Filvaroff remarked that at the present rate of acquisition, the Charles B. Sears Law Library will be full within five years. There will not be enough stack space, and ABA requirements prohibit stack space continued on page 11 The SBA Subcommittee for Developing Student Issues has set forth nine categories of issues on which to base its position paper for the new dean: 6. Financial Aid/Loan 1. Curriculum 2. Advisementand Support Forgiveness 3. Registration 7. Student Lounge 8. Child Care 4. Library 5. Ranking 9. Miscellaneous Additional student input is needed. To help develop a well thought-out position paper, please contact Lisa Sizeland or stop in at the SBA office. STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 5 Computerization is going to bring the "modern age" to the law school. Filvaroff noted that the university has a substantial interest in doing this right and doing it well, so the chancesfor October 28, 1987 Girth, First Tenured Female, Favored Hiring of Women Marjorie L. Girth came to UB Law in 1971 and has since been somewhat of a trendsetter. Not only was she the first tenured female faculty member, but in September 1986 she became the first female Associate Dean. Today, her calm self-assurance reflects little of her struggle to be recognized as a professional in the traditionally male world of academia. A minority from the beginning of her legal life, Professor Girth was one of only 12 women in a class of 550 at Harvard Law. "At that time some of the Harvard faculty, including the Dean, really thought that they were wasting space, they thought that we would do nothat that ing with our degrees time employment opportunities were so limited that we were not going to get the jobs that they were training people for." After graduation and three years of private practice, she spent five years at the Brookings Institution in Washington, D.C. At Brookings she was involved in the research that established the factual basis for the legislative changes in the Upon hearing of the job opening at UB through a colleague, she applied for and was accepted into an open position in Commercial Law. When she arrived at ÜB, she was the only woman on the faculty. This disturbed Professor Girth. She saw an immediate need for female faculty members. "I felt it was very important that the situation not continue thatwe get more women on the faculty with different personal and academic styles." Janet Lindgren, who is still at ÜB, was the next female to join Professor Girth. The buildup to our current number of female faculty members was slow and difficult. "At that point women didn't want to be a token person and they weren't terribly enthusiastic about being number two because number one might disapbut we kept up an agpear gressive recruiting effort after Ms. Lindgren arrived." After the arrival of a third female faculty member the tide seemed to change. "Eventually • other female candidates began to realize that -the faculty was serious about having a significant number of women on the Bankruptcy faculty." by Donna Crumlish ... Statute. . Professor Girth described one of the pressures on the small female faculty: "Everything you do takes on excessive your personal significance view unfortunately becomes characterized as the 'women's view.' " The six or seven female faculty that Buffalo has been able to maintain on its staff over the past few years is not typical of other law schools, where there are usually only two or three female faculty members. Professor Girth attributes this a disposition in the academic world that is still not wholly ready to accept women as equals. She says that "if a After a long day of interviews, faculty candidate Lucinda Finley met with students in the Faculty Lounge on Monday, October 20. An attractive wellcomposed white woman in her early 30's, Ms. Finley appeared weary and slightly disoriented as the meeting began, warming up as it went along. She gave no formal speech or introductory talk, preferring that students ask questions of her. Throughout the encounter she spoke of her dissatisfaction She was also appointed by the Chief Judge of the 2nd circuit to the Merit Screening Committeefor the appointment of bankruptcy judges for the Western District of New York. Teaching Bankruptcy is still to school has a reputation for being skeptical about women's ability as scholars, they are going to have a hard time recruiting because there are places like ours where women feel more comfortable." Professor Girth is wellknown in bankruptcy and commercial law circles, both inside the Law School and outside. She has served as chairperson of the Consumer Bankruptcy Committee of the ABA, was elected in 1985 to the Council of the Section on Corporation, Banking and Business Law which repre- Reaction To Candidate Finley Varied by Sara Nichols sents over 55,000 members. with the faculty at Yale (where she currently teaches), as well as her interest in teaching and research on gender roles particularly within the classroom, law school and legal profession. Asked about her background, Ms. Finley offered no surprises. Before beginning her tenuretracked position at Yale, she had graduated from Barnard continued on page 2 one of her great interests, and she will be teaching a bankruptcy course again in the spring. She recently found a new teaching instrument in a computer game she uses in the course. "I use the debtor/creditor game, which simulates a business in difficulty and needing financial reorganization . I found it very useful because the reorganization course in particular has a statutory background for what is a highly negotiated process and it had always been very hard for me to try and give the students a feel for the importance of negotiating in this process." Professor Girth currently teaches section 2 Contracts, an experience she finds refreshing in many ways. "I get to know students as they enter the school and they will be here for a while... in addition it's interesting for me to see how contract law is evolving as a background for what I'm usually teaching in the upper level Commercial Law classes." As a Professor, Associate Dean and Community Leader, Marjorie Girth has been a positive influence on all who come in contact with tier. She is an incentive and a role model for those students who sometimes are afraid to make that first step and be "the first one." Katz To Return in Fall by Andrew Culbertson Al Katz, a criminal law professor, will resume his teaching duties as of next September. Law School Dean Wade Newhouse, when questioned about Katz's absence, stated, "He decided to take his sick leave, which should last him until next spring." Reasons for Katz's decision weren't discussed. The controversy surrounding Katz dates back to May of 1985, when he was arrested for mailing an obscene photo of a teenage girl. He subsequently pled guilty to a misdemeanor and was convicted, being sentenced to 30 days in jail and fined $1,000. At the time of his conviction, Katz's future with the University was uncertain and the question arose over whether or not the University would seek his dismissal. However, according to Newhouse, Katz will definitely return next year. inside... SBA Briefs Guild Perspectives Miss Social Procedure 5 ... 7 11 �Downtown Bar Seeks GreaterInteraction with UB Law by Daniel Ibarrondo Numerous articles, essays and books have been written about the role of legal education. The bulk of these writings in recent years has focused on a "realistic" approach to the study of law or the presence or need of critical legal studies. Nationwide, law schools have been caught in the middle between an "academic" or "practical" approach to legal education. UB Law School has experienced a dynamic and progressive growth from its days as a local law school located on Eagle Street to the national reputation that it enjoys today. The national reputation and scope of UB Law School laidthe foundation for an assertive leadership position in the legal community in regards to admissions, education, bar standards and law reform. It appears, however, thatduring this period of change and growth, the relationship between the law school and the downtown bar community has diminished. All law schools, regardless of their approach to legal education, are isolated from actual practice. reformers, Some mainly practicing attorneys, feel that legal education should correspond to practice. Other reformers, mainly those in academia, feel that legal education should seek to change or improve the practice of law. For the moment, discussions on this subject seem endless and irreconcilable. The downtown bar community as a whole, it appears, is interested in fostering more interaction with the law school. At present, they can counted on to act as judges for the Mood Court competitions, participate in the dean search, provide part-time employment for law students, participate in the various clinic programs, and help with Trial Technique. However, there is a general feeling in the downtown bar community that there is not enough social and intellectual interaction among practicing attorneys and UB Law School faculty and students. In response to this concern, Roger Williams, Esq., United States Attorney for the Western District of New York, stated that "there needs to be better communication between the Law Alumni Association and the law school. "We are fortunate to have a law school in the community. We participate as judges in the MootCourt competition but our involvement should not stop there. We, as practicing attorneys, could provide law students with input as far as direction is concerned." Law schools that approach legal education as some form of social change have diminished their relationship with local bar associations. The presence of critical legal studies at UB Law has not been seen as a hindrance to the fostering of interaction between academia and the downtown community. "The criticism surrounding critical legal studies has been blown out of proportion," said Robert.Keller, Esq., of Hodgson Russ Andrews Woods & Goodyear. "The criticisms are more theoretical than real. They are more of a philosophical concern than practical. There is no real basis for the concern. UB is producing very good lawyers." Joseph Bermingham, President of the Erie County Bar Association, acknowledged that there are some concerns among lawyers that there should be more emphasis on core curriculum courses. Some courses are difficult to fit in with legal education in the sense that students wonder what the course has to do with practicing law. Bermingham felt that there should be more communication between the law school and the Erie County Bar Association. Although George Zimmerman is the Erie County Bar Association's liaison with the law school, they would like to get more of the faculty involved with thebar association. "There should be more social and intellectual interaction," he stated. In reference to the "Buffalo Model" of legal education, Bermingham stated that he has no qualms about teaching law courses within a socially concerned context. "However," he emphasized, "these [courses] should not be at the expense of slighting the core curriculum of legal education. The law school in these changing times should different experiment with teaching methods so long as a First Amendment Supreme Ct. Cases Might Result In Deadlocked Decisions by Alexei Schacht In this year's Supreme Court term, which began on the fifth of October, the Justices have agreed to hear several important First Amendment "freedom of the press" cases. However, because the Court is functioning with only eight Justices there is the possibility that some of these cases will end in 4 to 4 deadlocks. When there is a tie on the Court the lower court's decision is left binding on the parties but the case is not used as a national precedent. The following are summariesof some of these important "free press" cases. United States v. Providence Journal A Federal District Judge ordered the Providence Journalnot to publish transcripts of conversations involving an alleged organized crime figure in Providence, Rhode Island, Raymond Patriarca, that were intercepted in illegal Federal wiretaps. The Journal printed the transcripts despite the order which was subsequently found to be unconstitutional. The Federal Circuit Court of Appeals in Boston overturned the contempt citations which the District Court gave to the Journaland its Executive Editor Charles McC. Hauser. The Circuit Court held that one may challenge a "transparently in- valid" restraint on free speech by violating it. The central issue at stake in this case is whether the Court will alterthe traditionalrulethat violations of even unconstitutional court orders may be punishable. For instance, in Walder v. Birmingham the Supreme Court upheld contempt short jail terms and monetary fines for the organizers of a peaceful demonstrations that violated an unconstitutional order. If the court is to change this rule it will likely rely on the doctrine, exemplified in the "Pentagon Papers" case, that says that all prior restraints on free speech are prima facie invalid. Also at stake is the issue of whether prior restraint is allowable for national security reasons. In this vein, the Court may look to a famous case from the Western District of Wisconsin, United States v. The Progressive Magazine, in which the court allowed prior restraint of an article purporting to explain how one can make a hydrogen bomb. Hustler v. Falwell The Court will review a $200,000 damages award to the Reverend Jerry Falwell for "intentional infliction of emotional distress" caused by a parody depicting Mr. Falwell as an incestuous alcoholic. What is notable about this case is that the lower court found the parody to be not libelous. THE PASSWORD: /\AI β-jm m / (UxX of 2 The Opinion 415 Seventh Avenue, Suite 62 Srw York Nrw York Iooo > (212) 594-J696 (201) 62J-3J63 October 28. 1987 As such, many press groups, and others concerned withfreedom of the press and of speech, fear that by upholding this award the Supreme Court could send a strong message to those who might publicly satirize and criticize public figures. That message, telling people to avoid making harsh statements even when not libelous, could have "chilling effect" on public discourse. Virginia v. American Booksellers Association Here the High Court will review a decision striking down a 1985 state law which restricted the manner in which certain sexually explicit materials may be displayed. The law was enacted to prevent children from being exposed to certain types of pornography. The case may well become an important precedent as to how much one's access to otherwise publishable material may be limited solely because of one's age. Hazelwood School District v. Kuhlmeier In another case involving the First Amendment and minors, a pubic school principal censored a student newspaper's article about teen-age sex and pregnancy. A Federal Appeals Court held that the principal's actions violated the First Amendment. Where the Court comes out on this issue may have far-reaching implications for the speech of students and minors generally. This article was based, in part, upon reporting in The Wall Street Journal and The New York Times. standard of measurement and evaluation of the experiment exists. "There is no problem with bringing social concerns into discussion in the classroom so long as they are taught with the competence to raise these issues in legal practice." It appears that the Erie County Bar Association is unaware of the law school in terms of faculty, student impressions and the bar exam passing rate. Bermingham was content to know, however, that the law school is prospering. "The purpose of law school," said Paul Weaver, Esq., of Jaeckle, Fleischmann & Mugel, "is to teach students how to work with the law." Weaver, who is not in favor of a plain practical skills approach to legal education, stated that critical legal studies has a place in legal education. "There should be academic freedom as well as freedom of thought. At the same time, it's imporant to give students a foundation in the law. It's equally importantto have a fundamental exposure to procedure and practice." With regard to learning practical skills, Weaver would like to see more students taking advantage of the part-time clerk positions offered by the numberous firms downtown, but he understands the problem posed by the location and geographical distance of the law school. With regards to learning practical skills, Weaver would like to see more students taking advantage ofthe part-time clerk positions offered by the numerous firms downtown but understands the problem posed by the location and geographical distance of the law school. Weaver also expressed the same desire of having an increased interaction with the law school faculty and students. He Finley College, went on to Columbia in law, performed the requisite judicial clerkship and then worked in a private firm in Washington, D.C. for a couple of years. Although she said relatively little about her scholarship, Ms. Finley has published several articles on feminist topics including Transcending Equality Theory: A Way Out of the Maternity and the Workplace Debate" and "Choice and Freedom: Elusive Issues in the Search for Justice." Through the meeting, Ms. Finley appeared confident, warm and sensitive to students' needs. Particularly impressive, and rarely demonstrated in a faculty candidate, was her emphasis on education. She spoke of integrating her political and theoretical views into the classroom by bringing out the people behind the cases and exposing gender, class and racial biases within the texts. Indeed, one of the many aspects of Yale which she complained about was her perception that the faculty is not interested in teaching. Ms. Finley repeatedly emphasized her close relationship to some students at Yale (particularly feminist students), speaking of them as her "colleagues." She said she felt "alienated, silenced and marginalized" from the other faculty in her scholarship at Yale and she indicated that she very feels there is something to be gained by both. "I have gotten comments by upperclass law students who envisioned certain courses to be taught that were not available. Something can be done to provide a wide range of course offering if there was more interaction. The downtown bar community is willing to listen to students' concerns and frustrations." Apparently, the downtown bar community is aware of law students' concerns and apprehensions about legal education. Many students have taken advantage of clinic offerings and gaining practical skills. John Ziegler, Senior Staff Attorney of the Legal Aid Appeals Unit, felt confident of the quality of law graduates coming from UB Law School. "The school no longer has a local character and studentsfrom UB are equipped with the necessary legal concepts, as opposed to black letter law, to practice in any state. "The purpose of law school," he stated, "is to prepare you to be a lawyer and UB Law is doing a fine job at it." At present, George Zimmerman, Esq., of Albrecht Maguire Heffern & Gregg, past president of the bar association, faculty member and now the chairman of the law school liaison committee of the bar association, feels that the Alumni Association is a good vehicle to foster interaction. He is trying to arrange for members of the bar to come meet thelaw school faculty and vice-versa. He is interested in having faculty members attend bar meetings, seminars, conferences, etc.... "There is a lot to be gained by both sides and Dean Filvaroff seems to be receptive to the need for interaction and the benefits that can be obtained." continued from page I much wanted to get away from that atmosphere. She harkened amusingly to her experience of giving a workin-progress talk at another school and receiving interesting and positive feedback, while at Yale she would be asked by her (law & economicsdominated) colleagues "where's the cost/benefit analysis in your argument?" or "why didn't you use the Coase theorem?" Some students expressed concern that Ms. Fnidley would have difficulty adjusting to a state school after teaching at an elitist private institution like Yale. It was suggested that UB students, unlike Yalies, suffer economic hardship, often to their academic distraction. Ms. Finley addressed these concerns relatively cursorily, stating that she would do what she could to improve student financial aid and be sensitive to poorer students' needs in the classroom. Student reaction to Lucinda Finley seems to differ widely. Some felt that Ms. Finley was perhaps disingenuous at times and was not as strong on the issues of race and class in her analyses, as she is on gender. Others were favorably impressed by Ms. Finley and would be pleased to have her join the faculty. We can certainly use more than one good, enthusiastic, empathetic feminist scholar at UB Law School. �Women's Bar Brings In Speakers by Vanessa Bliss The Women's Bar Association held a seminar on Wednesday, October 21, sponsored by the CDO. Three types of legal employment: large firm, small firm and in-house counsel were presented. Representing large firms was Annabelle Forrestel of Phillips, Lytle, et al. Ms. Forrestel stated that large firms usually consist of 30 attorneys or more. When searching for employment with such firms, employers view favorably Law Review, Moot Court and three to four years' concentration in an area. Highlighted by Ms. Forrestel were: Level of Sophistication The work is complex and current. The advantages to working with large firms is the regional and national reputation that will be gained from working with large corporations and using a wide-based networking system. The disadvantages to working with large firms is the pressure from the workload associated with long, irregular hours. Typically, during the first two years of working for a firm, completing the work assigned is important. It will require stayr ing at the office past 5 p.m. Also, you will be removed from client contact. M<?st of your work will come from other attorneys who communicate with the client. In dealing with that aspect, it may be difficult to get facts from the client. Broader Range of Expertise One of the advantages is the larger pool of resources available from other attorneys' areas of expertise. Coinciding with this is the number of specialized departments available to begin research and provide sources of information. A disadvantage is that you maybecome departmentalized. Usually, when hired with a large firm, you are required to choose which area you want to work in. Unless the employer begins your training by exposure to all areas in the firm, you will mainly work in one area of law, i.e. contracts, with only references to the other areas. Resources Often a library is located within the firm. Along with standard items like McKinney's, it may be equipped with Lexis and Westlaw terminals. Also, a support system is available through the assistance of clerical personnel and paralegals. The disadvantage is the lack of control you may experience. While there may be a library, the book you are looking for may not be on the shelf, but in another attorney's office. Compensation One advantage is the higher salary, although you may be required to track your billable hours, which may be difficult for new attorneys. Clients During the first two years with the firm, you may not be required to bring in new clients. Afterwards, this may be required. The disadvantages are that the clients you may want to bring in may conflict with the existing clients and it is difficult to bring in large corporations when you've only been with the firm for a short period of time. Social In a large firm there are more people to meet and associate with. The firm also encourages community involvement. You can develop a reputation within a short period of time. As Ms. Forrestel stated, you can make an "initial good impression" with the firm's name behind you. The disadvantage is that the firm may be so large it can be impersonal and it may take time for decisions to be made. Holly Hite of James N. Hite and Assoc, represented the small firms. When searching for employment with small firms, individual personality is very important. The blend of everyone's personalities will provide a smoother operated firm. Small-firm employers favorably look for special traits within individuals that depend on experience and a distinct background. Ms. Hite recommended that you start thinking of an area of specialization now. To make yourself marketable, you must get background in areas you are interested in, not just study for three years. To get the background you are interested in, she suggested clerking, or if you can't find a job, then volunteer. As an employer, Ms. Hite stated that there is nothing worse than a resume with no legal work ex- ' perience. Ms. Hite emphasized three types of small firms: One-Man Dictatorship This type of firm is started by one person. They may hire attorneys to work for them, but do not plan on extending into partnerships. Family Structured These firms are basically run by the family. Be sure to inquire about future advancement with such firms. 1 or 2 Attorneys, Age 50 or Older These firms may be willing to train you, establishing a mentor relationship, to eventually take over the firm. An advantage is the employer will have a retirement system by which he will receive a percentage of income from thefirm and you will have an established practice. Other advantages are the family atmosphere created from working closely with one another. Also, the built-in flexibility and quality of life you can enjoy because of the working hours you may be able to establish. Ms. Hite also offered tips of legal work with the government. Most government attorneys are started with high salaries and provide good training. The hours are 9 to 5 p.m., thereby appealing to women who want to have time for their families. Some disadvantages are government attorneys don't have as much prestige as attorneys with large firms. Also, you may feel like a regular office worker because of the environment. Ms. Hite explained that when working for the IRS, she shared an office with several people and did her own typing (no support personnel), etc. Maureen Hurley of Rich Products represented the in-house counsel. When seeking employment, she suggested working as outside counsel (for a firm) first, as you will have contact with them when working for a company. You should also have a realistic view of what is required to work as in-house counsel. You may also have more impact on the final decisions. You will also be a general practitioner, working in many areas of law. The disadvantage is that it is difficult to keep abreast of your area of expertise. One function of in-house counsel is to advise executives of the company. This has become a trend mainly for two reasons. The first is economic, THE GRADUATE GROUP ON HUMAN RIGHTS LAW AND POLICY an interdisciplinary group of faculty and graduate students from law, philosophy, political science, history and anthropology, is pleased to announce its program for the fall semester. All events are free and open to the public. NOVEMBER 5: "Sanctuary" — This dramatic movie depicts the world refugee crisis and debates the politics of the Sanctuary movement. Filmed in Central America, Africa, the Middle East and the United States, it presents the conflict which compels the refugee to flee his homeland, the difficulties that await him in the U.S. and the assistance he receives along the way. Presented at 3:30 p.m. in O'Brian, 108. NOVEMBER 13: William F. Pentney, Associate Director of the Human Rights Research and Education Centre at the University of Ottawa and Associate Professor at the Ottawa Faculty of Law, will present a talk on the Canadian Charter. He will compare the human rights provisions contained in the Charter with those in the so-called "International Bill of Rights" and the United States' Bill of Rights. Presented at 1:30 p.m. in Baldy, 684. NOVEMBER 18: "Witness to Apartheid" —Archbishop Tutu isourguide to the human rights emergency in South Africa in this film. Nominated for an Academy Award, this film has been hailed as a "brave and powerful piece of journaTism To see these things is to know why South African blacks cannot be content, now, with piecemeal reform," (Anthony Lewis). Presented at 3:30 p.m. in O'Brian, 108. ... DECEMBER 2: Newton Garver, Professor of Philosophy at SUNY at Buffalo, will present a paper on "Violence and Social Order." 3 p.m. in Baldy, 684. DECEMBER 10: Sister Kathleen Rimar, in celebration of Human Rights Day, will speak on the refugee question as she experienced it during her travels in El Salvador, Nicaragua and the Gaza Strip. Time and place to be announced. for the cost of litigation is expensive. Second, in-house counsel is easily accessible, thereby saving time required before company decisions are made. Another function of in-house counsel is to sponsor educational programs for workers, minimizing the chances of liability of the company. While these are things to keep in mind about large, small or in-house counsel, suggestions from the panel about interviews for all types of legal employment include: Know why you are inter- • viewing that particular company or firm. What is appealing about the firm to you? Where will you be five years from the date of hire? Training policy: Will the company or firm have the resources and time to train you? Opportunity to try cases. Educational: If you decide to further your education, will the company or firm provide financial support or flexible hours? Don't be afraid to ask questions about the company, firm or employer. Participate in the interview. • • • • • Moot Court Oral Argument Portion To Begin Nov. 2 by Karen A. DePalma As reported in an earlier edition of the Opinion, the Moot Court Board is currently preparing for the 1987 Charles S. Desmond Moot Court Competition. This year the problem deals with the case of Sara Adams, et al. v. United States, which challenges the Federal Government's enactment of a Curriculum Comprehensive Law. The Comprehensive Curriculum Law requires the states to institute a program of values education (as established by the United States Department of Education) or forego all federal financial assistance. A number of interesting issues are presented in Sara Adams, etal. v. United States, including issues related to: taxpayer standing to challenge the law, congressional power to regu- late the states, the free exercise clause of the First Amendment. Students participating in the competition have already submitted their preliminary outlines and their final appellate briefs are due by 5:00 P.M. Friday, October 23, 1987. Following submission of appellate briefs, the oral arguments portion of the competition begins on Monday, November 2, 1987 with two sessions at 7:00 P.M. and 9:00 P.M. and continues at the same times on Tuesday, November 3 and Wednesday, November 4. Each team will argue once each evening and from these three preliminary rounds oforal arguments, quarterfinalists will be selected to argue on Thursday, November 5, semifinalists on Friday, November 6. The finals will takeplace on Saturday, November 7, 1987 at 2:00 P.M. in the Moot Court Room. The Charles S. Desmond Moot Court Competition was named in honor of Judge Charles S. Desmond, a nationally recognized judge and legal scholar from Eden, New York, who served 26 years on the New York State Court of Appeals, was its Chief Judge from 1960-66,and also taught an appellate advocacy course at our law school. Judge Desmond died on February 9, 1987 and so this year's competition marks the First Annual Charles S. Desmond Memorial Moot Court Competition. To commemorate this event, the Moot Court Board has planned a special tribute to Judge Desmond before the final round of oral arguments on Saturday, November 7th. Also, the Moot Court Board extends a special thank you to our Law School Alumni Association for their support during the 1987 Moot Court Competition. The Competition is truly a cooperative effort between the Moot Court Board, the studentparticipants and the Alumni Association; and our Alumni Association has been, and continues to be, an integral part of its success. We thank you! Public Service Internship Program The faculty is in the process of creating a university-funded public service summer internship program for a select number of second year students, beginning in the summer of 1988. At this time, we expect to be able to place 6-10 students in interesting and challenging jobs in federal, state and local government offices, and in organizations engaged in the practice of public interest law. Salaries will be competitive with the private sector. A committeeof the faculty will be responsible for screening applications and selecting students for participation in the program. The faculty expects the details (and funding) of this program to be settled within the next two weeks. Consequently, in the meantime, second year students interested in this opportunity are advised to delay acceptance of other summer job offers and/or to seek extensions of time in which to accept such offers. October 28, 1987 the Opinion 3 �Former UB Law Students Return as Clinic Appointees by Idelle Abrams ing. Gerber counseling lenders to assure their compliance with the provisions of the Act, which Judy Gerber Fortuity brought Judy Gerber back to UB Law School, from which she had graduated in 1984. When the Law School was notified in August that it had been awarded a one year grant from the Department of Education, Gerber packed up her belongings and arrived in Buffalo in early September to teach the education clinic with Ron Hager. After serving as a judicial clerk to the Court of Appeals in Albany for two years, Gerber spent a year in private practice in Albany. Gerber enthusiastically embraced the opportunity to teach the clinic because she finds teaching enables her to "dealwith law in a different way than I would if I were still in private practice." Working in Albany at a firm of approximately 30 attorneys, Gerber was engaged in a com- mercial practice that included litigation, contracts, and perfection of security interests. Regulatory work, applying the. Equal Credit Opportunity Act, was an area she found interest- prohibits discrimination in granting credit. She also handled some consumer protection cases representing consumers in lending transactions. Private practice was not completely satisfying for Gerber because she felt she was "not confronted with human issues that I found particularly compelling." In addition, the pressures of private practice can be "really immense and highly stressful." This is true regardless of whether you're in a small town or large city, said Gerber. Some of the pressure is external, but often it's imposed internally in an effort to do the job well. Gerber had been a student in the education clinic when she was at UB and still finds the material interesting. However, she is not sure that education law will become her main focus. Now that she is no longer working in private practice, she has more time to explore "whatever moves me" and is taking advantage of that opportunity. Her teaching experience in- eludes two years as a Teaching Assistant for theLegal Methods program while a law student. Now that she is teaching the clinic, she finds she is developing a strong commitment to teaching. For Gerber, teaching provides the "opportunity for reflection and the potential to produce scholarship." At the same time it allows her to work with students in a non-traditional context, blending practice and academia. The clinic offers students a distinctive law school experience, as Gerber sees it. It can sensitize students to professional issues that just don't arise in a traditional classroom. It also reverses the typical law school method of analysis. The case method used in the classroom begins at the end and "burrows down" to uncover the start of the case. The clinic, on the other hand, enables the student to actually construct the case, determinewhich issues to pursue and build the theory of the case. Law school is also the "perfect time" for students to get experience handling a case while being advised by clinical — instructors. The clinic also provides a setting that allows the student to get a critical perspective on what practice is like, a perspective you may not be able to get once you're caught up in it, said Gerber. Gayle Murphy Gayle Murphy, a 1986 graduate of UB Law School, had spent one year as an associate at Damon & Morey specializing in products liability and medical malpractice defense litigation when she was offered a one year appointment in the legal assistance clinic. The opportunity to approach cases from an academic and intellectual standpoint was "very appealing" so she grabbed the chance and is now teaching "Health Care for the Elderly" with Tony Szczygiel. Murphy is excited about sharing her practical skills with students in the clinic. "The skills you learn working at a firm [like Damon & Morey] are excellent," said Murphy. "You're in court the day after you pass the bar exam. You get to work with good trial attorneys, and to as- How to buy shades. • H Ifl JM — -3**"*'%^" '■■• 1 Mf ' jiW £**" yV JF\ ■ vfl : Sk , fjK^iW W/iU I Wμ jr\ ' {JmrmSl 't.£/*9m vJuBIb wmtf'rwUm m/MMM uf v Hμ ibl If The American Express® Card can get you virtually everything from spectacles to some Prett y spectacular clothing. Everywhere from Sacramento to Shanghai. So duringcollege and after, it's the perfect way to pay for just about everythingyou'll want. - How to get the Card now College is the first sign of success. And because we believe in your potential, we've ' ma(^e easier t0 etc American F-Wz® Card right now. Whether you're a freshman, senior or grad student, look into our new automatic approval offers. For details, pick UP aPPli cat on on campus or call -800-THE-CARD and ask for a student application. • ' The American ExPress Card Don't Leave School Without It." sist on some very important trials." Once she feels comfortable with the Medicaid laws. Murphy hopes to do some public speaking to educate the elderly population about the options available to them. Generally, however, Murphy is looking forward this year to "learning as much as I can about legal services for the elderly in terms of health care and sharing as much of what I know about practicing law with as many students as I can." But "it's good to be back in an academic environment," she said. Murphy finds the students in theclinic to be very dedicated and the faculty to be very involved. "The enthusiasm of the faculty is so much more evident once you've worked in private practice," she said. In teaching students how to approach and analyze cases Murphy hopes to have an impact on how they practice law. The skills Murphy learnedwhen she was in the education clinic at UB helped shape her approach to the cases she handled once she was out of school and practicing. While private practice enabled Murphy to develop strong practical skills, she is happy to be in an environment that places a value on theory as well as skills. The clinic challenges students to apply the law to real problems. In order to do this, "you need to know why the law is the way it is," Murphy said. Practical skills by themselves cannot carry you through. In addition, "if you don't have a broad theoretical knowledge of the legal process and all you know is hornbook law, you're going to be doing your client a disservice." In the clinic. Murphy is supervising students as well as carrying a caseload of her own. Murphy currently spends three and a half days a week at Legal Services for the Elderly where she is becoming familiar with the office and getting to know the people. "Since this field is a new one for me, they're my resources." Murphy also spends one a half days a week at the Law School doing research. Learning a new area of the law is "mindboggling" says Murphy. The Medicaid and Social Security laws that regulate the health services area are continued onpage 11 S • PROFESSIONAL OFFSET • PRINTING •• COMPETITIVE " MANY • DIFFERENT TYPESETTING " p _ *m £ S FAST SERVICE PRICING TYPESTYLES & PAPERS RESUME • SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! 3171 Main Street 1676 Nia. Fall* Blvd. Tonawanda, NY I 4 The Opinion X # i # October 28, 1987 ek HRELATED £ £ �Second NAPIL Conference Covers A Variety of Topics by Karen Comstock The National Association for Public Interest Law (NAPIL) held its 2nd annual conference on October 9-11 in Washington, D.C. Law students formed NAPIL to remove the barriers students and confronting lawyers interested in pursuing public interest careers and to promote projects serving the underrepresented. In 1986,atthetime of NAPIL's formation, 14 law schools were represented on the Board of Directors. SUNY Buffalo is proud to be one of NAPIL's founding members. (ÜB's membership is through the Buffalo Public Interest Law Program.) As of October 1987, 17 more law schools have joined NAPIL, 5 law schools are organizing programs and 5 more are considering membership, bringing NAPIL's projected membership up to 41 law schools from the continential United States and Hawaii. The conference consisted of 3 days of panel discussions, workshops, and board meetings. It concluded with a very well attended public interest employer information fair and a keynote address delivered by Ralph Nader. I attended the conference as graduate assistant for Public Interest/Public Service Careers, and Michael Kulla attended as ÜB's NAPIL board member and a member of BPILP. Friday afternoon's panel dis- cussion on Gay and Lesbian Civil Rights was moderated by four very articulate and entertaining activist lawyers: Kevin Berill from the National Gay Task Force, Paula Ettelbrick of Defense, Lambda Legal Katherine Frankefrom the New York City Commission on Human Rights AIDS Discrimination Unit, and Mary Dunlap, a private attorney from San Francisco, who is probably best known for arguing the "Gay Olympics" case in front of the United States Supreme Court. — The panel members discussed several issues confronting the Gay and Lesbian community including AIDS discrimination, housing and em- SBA Briefs by John Williams Student Committees Filled Quickly The process of making appointments to the various law school committees is not an easy one. Many students think that I owe them an apology because they were not allowed to interiew for a desired committee. The available slots for the Admissions and Special Program Committees were filled quickly. In my opinion this is unfortunate but reasonable. I sat down with a list of nine committees to be interviewed for within an 11-hourtime span. The two Admissions Committees were given a total of four hours of the allotted interview time. Several students have complained that last year was better because more time slots were devoted to the admissions pro- cess. Last year is gone! This year each applicant will be given a 10-minute as opposed to five-minute interview. Although the actual pool of applicants is smaller, we will be able to have more informed interviews. The notion that interviewing more candidates increases the chance of selecting the "right" candidates is an idea that does not apply in this situation. We must take notice of the fact that most students have not served on these types of committees before, especially the Admissions and Special Program Committees. We judge students on their ideas, commitment and objectivity. People are selected, not on their re- ployment discrimination, child custody issues, and violence against lesbians and gays. ject was undertaken last year in Washington, D.C. with very promising results. What struck me about these four energetic activists was their commitment and level of optimism, warmth and humor. The panelists took great care to emphasize that any civil rights movement needs both legislative reform and grassroots organizing, leaving many of us inspired to pursue both. The NAPIL Board of Directors (consisting solely of students) voted unanimously to expand the fund-raising effort to New York City this year. The funds raised will be allocated on a pro rata basis to member NAPIL schools, to be used exclusively to fund public interest summer grants. The workshops were geared toward teaching practical skills in fund-raising, recruiting and education. Another creative fund-raising technique that NAPIL provides expertise on is income-sharing programs. Since most law students are faced with high educational debts, inadequate placement resources and funding cutbacks for the public interest sector, even the most committed are finding it difficult to pursue a legal career in the public in- Since NAPIL's formation, over $600,000 has been distributed in the public interest, and income-sharing groups have been formed at five additional law schools. terest. sumes, but on the qualities they project in their 10-minute interview. If we make mistakes we apologize, but we are only human. A first-come, first-served sign-up process is unfortunately the fairest way to run the committee selection procedure. It is also the most reasonable in my mind.Forthose who were dissatisfied with the way the interviews were set up, I recommend they question next year's presidential candidates on the committee process. Law school loan forgiveness programs alleviate the debt burden of graduates taking lowpaying public interest jobs by "forgiving" the graduate's educational loans. NAPIL is working to increase the number of loan forgiveness programs. NAPIL's Loan Forgiveness Report is the nation's first comprehensive study of existing loan forgiveness programs, and the Loan Forgiveness Acprovides tion Manual guidelines for students advocating for these programs at their schools. Interviews for the following committees will be conducted within the next few weeks: Finance, Rules, SBA Representative to Sub Board, and the Ad Hoc Planning Committee. NAPIL is undertaking a fundraising drive aimed at the country's top law firms. A pilot pro- Group members contribute 1% of their salaries to fund more than 300 summer grants and full-year fellowships annually. NAPIL published Tithing for Justice, a manual on organizing income-sharing programs. NAPIL has also published The NAPIL Fellowship Guide, the NAPIL Placement Bibliography, and The NAPIL Connection, the organization's quarterly newsletter. These publications are available in room 620. On Saturday afternoon, several public interest employers participated in an information fair. Employers set up tables and spoke to students about continued on page 11 BAR/BRI Prepares More Graduating Law Students fortheN.Y., N.J., MA., CT., N.H., VT., ME., andß.l. Bar Exams Each Year Than All Other Courses Combined! There must be a reason why. yes Does BAR/BRI have the finest bar review outlines to use while in law school as well as for bar preparation? Does BAR/BRI have the most qualified faculty teaching its review course? | Does BAR/BRI have a full-time attorney staff to give each student personal assistance in using the BAR/BRI material and method? i | ' ' *J , * Compare BAR/BRI ___ ttq VC> » , ... The Competition! j~ *r . Does BAR/BRI offer its course in more locations than | any other course? t~\ A tt i ______ __ I vJjiCj Him m | . 1 , W\ \ | mm BAR REVIEW J. JtiJli UJLM J_iX , , ' ' Does BAR/BRI grade more individual essays for its students than any other course? r*i 1 A^j Mr\* \ _ n no fmW /TtJVVmTn UxiUJLOili! N ew England Office: BAR/BRI 160 Commonwealth Avenue Boston, Mass. 02116 (617) 437-1171 Connecticut Office• BAR/BRI 880 Asylum Avenue Hartford, Conn. 06105 Northeast Office: BAR/BRI 415 Seventh Avenue—Suite 62 o 9 S > October 28. 1987.TheO,pino fiveThe Opinion . 5 �OPINION OX^ STATE UNIVERSITY OF NEW YX>RK AT BUFFALO SCHOOL OF LAW Volume 28, No. 5 October 28, 1987 Editor-in-Chief: Krista Hughes Managing Editor: Zulma Bodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Susan J. Clerc, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, John Williams. Contributors: Vanessa Bliss, Karen A. DePalma, Sara Nichols, Alexei Schacht. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. TTie Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Silence Equals Death On the 11th and 12th of this month Washington D.C. was transformed overnight into the Gay Capital of the World. Washington was a gay city and it was being straight that was suddenly the minority sexual orientation. Lesbian and gay throngs from all over the United States converged on our nation's capital to ask and to demand what every heterosexual in the U.S. expects and takes for granted: the right to be who they are without fear of repression or violence. The March that brought out nearly half a million people is being passed off by some as simply an AIDS lobbying effort or a flash in the pan event. While AIDS is a vital issue that the lesbian and gay activists are pushing, what happened in Washington this month was a great deal more than just a populist attempt to persuade Ronald Reagan's anti-public policy of abstinence. The slogan of the New York City gay activist groups ACT UP and The Lavender Hill Mob has an ominous ring to it: SILENCE EQUALS DEATH. But this slogan speaks to more than just the spectre of AIDS, it speaks to the repression and death of the spirit and sexuality of fifteen percent (probably more) of the population of this country. The March on Washington was not an AIDS march, it was a civil rights march. The March was a shout to be heard, to be recognized, and to be accepted as a gay or lesbian human being. Employment discrimination, housing discrimination , threats of violence, no right to marraige, no right to raise or teach or care for children, these are the types of oppression lesbians and gays have to deal with every day of their lives if they are "out". If they are still "in the closet" they have to live with the con- stant repression of their sexuality and the constant assumption of heterosexuality. Karen Thompson is a gay rights activist who spoke at the law school last spring. Karen was at the March and was quoted as she walked between the Washington Monument and the Capitol, "I'd still like to believe in these monuments. But there is no justice here. Only legal systems." If you are still wondering what your responsibility is to the gay community, as a lawyer or as a human being, think again about Karen's words. 6 The Opinion October 28, 1987 THE OPINION MAILBOX Gilbride Clarifies His Position To The Editor: I am nota member of theFederalists or any other SBA-funded organization. Because of outside commitments, I have very little time for extracurricular activities. Yet, as a law student, I gladly pay a mandatory student fee which is used to support a widerange of law student organizations. I ask very little in exchange for my student fee. My main concern is that the fee gets spent in a manner which is fair. It is precisely this concern which prompted me to attend the SBA meetings on September 29 and October 6. As a result of my appearances at these meetings, however, I have been accused of being intolerant of political views otherthan my own, spiteful, an enemy of free speech, and the reason why students lack an effective voice in the state legislature. Most recently, in an article which appeared in the October 14 issue of The Opinion written by National Lawyers Guild members Andy Bechard and Molly Dwyer, my views have been misrepresented and attacked as logically flawed. I feel a response is in order. Central to Mr. Bechard's and Ms. Dwyer's article is the contention that my views on the expenditure of SBA funds are logically inconsistent because: (1) The Guild has already been allocated its money by a body democratically elected by all UB law students, and (2) I support the anti-contraaid letter writing campaign whileI oppose the anti-Bork letter writing campaign and petition drive. As a former SBA Treasurer, I feel I have some degree of experience with theallocation and expenditure of SBA funds by student organizations. In as far as I am aware, it has neverbeen the position of the SBA that once an organization has received approval of its budget, the organization has the absolute right to spend the money however it sees fit, even if in conformity with the group's stated purposes. Rather, the SBA has the right, in fact the duty, to make sure that all expenditures of student funds are consistent with SUNY Trustee guidelines, SBA guidelines, and the purposes for which the money was originally approved. My contention in this matter is and always has been that I believe that expenditures like letter writing campaigns and petition drives are not in conformity with the SUNY guidelines as interpreted by the SBA in the past. I voiced my concern with the SBA with the hope that they would arrive at a consistent policy on this matter. I fail to see, as Mr. Bechard and Ms. Dwyer do, that in asking the SBA to articulate a clear standard, my assertion is, in any way, logically flawed. The second logical fallacy Mr. Bechard and Ms. Dwyer attribute to my position is that by supporting the funding of the anti-contra-aid letter writing campaign and opposing the funding of the anti-Bork letter writing campaign and petition -drive, my views are logically inconsistent. If this representation of my "position" was correct, I would have to agree with Mr. Bechard's and Ms. Dwyer's characterization of it. Mr. Bechard and Ms. Dwyer have, however, incor- Bork A rectly set forth my views on this matter. It is true that in explaining my position to the SBA I made the comment that because the anti- contra-aid letter writing campaign was in conformity with my political views it did not prompt me to question the legitimacy of these expenditures as did the anti-Bork letter writing campaign and petition drive. Nonetheless, I made it quite clear that my opposition to these expenditures applied to both the anti-contra-aid and anti-Bork activities, regardless of my personal feelings about the cause. As much, I am sure that even Mr. Bechard and Ms. Dwyer would be inclined to agree that, when correctly stated, my position is not at all logically inconsistent. I hope these comments help to clarify some of Mr. Bechard's and Ms. Dwyer's misperceptions. Terry Gilbride Third Year Student Political Activity? To The Editor: Andrew Bechard and Molly Dwyer's article, "Funding Guild's Activities Preserves Political Diversity," which concerns the Student Bar Association's (SBA) attempt to define political activity, sensationalizes the issue and distorts the facts. Though a democratically elected student body has allocated- monies to the National Lawyers Guild (NLG) they do not have carte blanche to do with it as they please. The NLG, and every other student funded group, must follow various rules and regulations of the State University system, the University of Buffalo and the Buffalo Law School. The question is, have the rules been followed? Under these rules groups are not allowed to spend mandatory activity fees on political activities. The suggestion that the anti-Bork table was a political activity was not an attempt to stifle free speech; it was, instead, an attempt to prohibit mandatory student activity fees from going to an activity arguably not allowed. It was brought to the SBA's attention in order for them, as our elected representatives, to provide guidelines. These guidelines could have been drawn as broad or narrow as this group decided. The NLG distorted the issues to insure this was not addressed. Further, Mr. Bechard's and Ms. Dwyer's suggestion that support of the anti-contra-aid table is contradictory to opposition to the anti-Bork table is, in their own words, "logically flawed." To be contradictory there must be no differences that cap distinguish the two. One such difference is the fact that one table deals with a political appointee while the other deals with a political issue. This difference may not be where the line should be drawn, but those who suggest such a distinction should not be painted as intolerant. Mr. Bechard, Ms. Dwyer and the NLG have attempted to turn the issue into one of free speech and free expression. I, northose who see a need for a definition of political activity, do not disagree with the view "that voicing your opinion and acting on that opinion is what participatory democracy is all about." Noone has suggested we prohibit the NLG from voicing their concerns. The suggestion is that my money should not be used to send a letter to a congressman in support of actions continued on page 11 Student Wants More Balanced Approach To the Editor: It is with some trepidation that I join the debate recently initiated by Alexei Schacht with a reply by Professor Thuronyi. But I feel strongly enough about the issue, and Mr. Thuronyi has so thoroughly missed the point, that I will attempt a response. I, too, was non-experimented upon in my first year by assignment to section three. Like many of my sectionmates, I felt that I came away from the first year with a poor understanding of the fundamentals of law. None of the people who I have talked to would have preferred a course in black letter law learned by rote. We do feel that we should have become minimally conversant in the language of the professions. The point is not that any given person cannot recall a specific point of law on some occasion. That is understandable. The point is that too many of us have never been exposed to fundamental principles. That is inexcusable. Mr. Thuronyi suggests that a bar review course or reading hornbooks will fill in these vital gaps in due time. I would suggest that the foundation of basic principles should have been laid in the first year, with our subsequent studies cementing these ideas, so that a bar review course would in fact be mostly "review." Too often many of us find ourselves back- tracking to teach ourselves principles that should be familiar. Perhaps this is an issue that the SBA could address. I would like to reiterate that I, personally, would not support a pure "black letter" approach. What is needed is more balance. I applaud and approve of the Buffalo Model as I thought I understood it when I chose this school. Taking the needless harassment and pressure out of a legal education is worthwhile. Taking an understanding of the fundamentals out is a disservice to the students and to the reputation of this law school. Robert E. Cuffney Law Student Opinion Mailbox cont. on page 9 �Res Ipsa Loquitur by Daniel Ibarrondo Those Who Trespass Against Us Are Not Foreiven by Daniel Ibarrondo I can hear Paul Revere now if he was at UB Law riding his skateboard shouting "the undergrads are coming, the undergrads are coming." Unfortunately there is no Paul Revere among us. Somebody has got to pick up the slack or address the lack ofattention that's going around these days as far as John Lord O'Brian and the Law School is concerned. I have been deeply alarmed by the loss of control over our Law School that has been taking place since last semester. It seems as though the Law School is turning into an "undergraduate haven." Last semester we had to live with undergraduates bombarding the Law School library. They would come in hordes and use the library facilities such as the xerox machine, study carrels and virtually all study places and/or quiet areas. In observance, it was obvious that their general interest was in meeting "lawyers." I have nothing against meeting undergrads, they do provide a diversion in this atmosphere, but I can go over to their "territory" to do such "scoping." This year it is not only the undergrads who have taken over, but some strange force coming from Capen has forced student clubs to double up. Meanwhile, we have virtually the whole seventh floorof the Law School occupied by the economics department. This Law School is not a school but a department within the whole myriad that makes up SUNY at Buffalo. The Law School should be an institution in connection with SUNY with our own infrastructure controlled by our own administrators. Last year while studying during exam week with my torts study group in Room 210, Donna, David and myself were kept from studying in the Law School for our final and only exam in torts by a group of undergraduate sorority sisters who had the room reserved for a meeting! This is outrageous. The undergrade have carrelsfor group study in UGL, we don't. The only places we can study as a group is in our classrooms. Check this out, it apears that if we want to study as a group in our lecture rooms during exam week, we have to reserve the room! Guild Perspectives I don't have anything against undergrads, I think they serve some purpose in life. But, I do resent my having to deal with this "interdisciplinary" approach to legal education. This is not an argument of "ours" and "theirs." This is a plea for control of theLaw School which is quickly going to that big resting place in the sky. There is no reason why clubs should have to double up in office space if there's space available on the seventh floor. I wouldn't object to the use of the seventh floor by economic professors if they were teaching courses in the Law School related to law and economics, but they're not. In that case, the office space should be used by UB Law Student clubs. Why should the Law School have to suffer and double up because of SUNY's bad planning in constructing buildings with no lecture halls. I'm sure they wouldn't dare do this to the Medical, Dental and Pharmaceutical Schools. Rumor has it that these schools would eventually be the only ones located on the Main Street campus, with the Law School doubling up to providefor the extra needed space. It's happening now and will continue to happen unless we act now. Have you seen poor John Lord O'Brian lately this semester he's walking about crippled and maimed crying out in vain, "I'm not a department, I'm an institution." Come back Mr. Gourman Report don't leave come back. .. — — by Andrew Bechard and Molly Dwyer The AIDS Epidemic:Silence Equals Death by Molly Dwyer and Andy Bechard By dinner time Friday, they were noticeable. On Saturday they were übiquitous. Pink triangles. Everywhere. 500,000 people were pouring into Washington, D.C. to take part in the March for Lesbian and Gay Rights and each was marked with a pink triangle, used by Hitler to distinguish gay men and lesbians in Germany and the occupied terriotries, as well as in concentration camps, during the Second World War. There wefe pins and buttons and tshirts and earrings. Everyone was marked, either by a triangle or by the absence of one. Dupont Circle was packed with people lining up for ice cream and Mrs. Field's chocolate chip cookies; people streaming out from the subway cheering at the sight of the crowd; people sitting on the steps in front of shops and businesses watching the multitudes surge past; people hanging out by the subway entrance and in the park waiting to meet up with friends; gangs of friends wandering the street window shopping and menu reading. The line of people trying to into Lambda get Rising bookstore snaked in and out of the crowd forabout a block. The traffic was bumper to bumper. A silver Mercedes driven by a lone man in a suit cut off a small car full of people. The man driving this car stuck his head out of the window and screamed, "What are you, straight or something?" People on the street yelled and applauded and cheered. Marchers gathered at the Elipse at noon on Sunday to wait patiently for their turn to "stepoff" and begin the twentyminute walk through Washington, past the White House, to the Mall and the rally. A large group of people with AIDS formed the start of the procession. Many of these men were in wheelchairs. All were supported by friends. Some people simply carried signs with the names of friends and lovers who were too sick to make the trip, or who had died. Many of the sick had made an arduous trek from the west coast in spite of discriminatory treatment by various airlines who were reluctant to accom- modate them. Many had come from New York City on a crowded commuter train offered by Amtrak at the last minute in an effort to allay the controversy surrounding theirdecision not to provide the more comfortable high speed train which had been promised originally. The purple lesions of Kaposi's sarcoma marked its victims more painfully than their pink triangles. The March moved slowly, state by state from west coast to east, through streets lined with cheering, sign-carrying people. The atmosphere was one of strength and frustration and fun. The call was for basic recognition under the Constitution and even more centrally an end to the Reagan administration's gross mishandling and/or denial of theAIDS crisis. The New York contingent provided a graphic illustration. They arrived at the Mall at 5 o'clock, five hours after they had first gathered on the Elipse. Their spirits were still high. Hundreds led the way wearing black t-shirts emblazoned with a pink triangle and the words "Silence = Death." On one end of the Mall, hundreds of thousands of people danced and applauded and mingled and cheered the various performers and speakers who made up the well-orchestrated rally. On the other end of the Mall, there was a completely different scene. You stepped across the sidewalk and you felt it. The silence, broken only by sobs that seemed to come from some deep, inconsolable place. The Names Project is a huge quilt fashioned from thousands of 3x6 ft. handmade cloth panels, each one representing someone who has died ofAIDS The Project brought 2,001 panels to Washington. The/ had to leave another 1,000 or so behind because they couldn't afford to fly any more weight this trip. People walked silently around the quilt, speechless at its enormity, at the pain and loss it represents. One panel was sewn from the favorite shirts of the man it was made for. One had a worn and — faded jean jacket on it. One had a guitar. Several had photographs. Many had poems. Still others just had names, and dates. All had been made with love and in grief. Worried, nervous faces walked around the quilt looking for a particular name, hoping they wouldn't find it. You could hear an audible intake of breath when the name was spotted, and then, see the tears spill over. For many, seeing the name of a loved one on the quilt represented a final closing; the concrete recognition of loss. One grief-stricken man threw himself over the name of his lover. Another man just stood at one corner of the quilt, tears streaming down his face, and said over and over, "Six of my friends are out there." Friends and strangers held one another as they cried. As of July 20, 1987, there were 38,808 diagnosed cases of AIDS in the U.S. alone; of those 22,328 have died. [See Radical America, vol. 20, n0.6, p. 2.] It is a disease with far- reaching political implications. From the reporting of the first cases, we have been inordinately concerned with who gets it. AIDS has been linked to lifes- tyles and morality from the start. We seem to have lost devastating illness. Why is more money spent on researchsight of the fact that it is caused ing cures for baldness than on by a virus. Instead, we say that AIDS research? Why aren't conit is a disease of gay men, of doms advertised on television, promiscuous people, of prostiin newspapers, on public transtutes, of intravenous drugportation? Why are we relucusers, of people who have sex tant to discuss the sexual pracwith intravenous drug-users, of tices that are the most risky? Haitians. These people are cast Our list of questions is long as Other. We're safe. They will and we are running out of get it. If we're not one of them, space. We include part of the we don't have to be concerned. Boston Phoenix's Safer Sex Guide in the hopes that it might If a child or some perceived non-Other dies, they are cast help us to start thinking about victims. Denial is rampant. some of these questions. There are many important If you have any questions of and complicated political isyour own, stop by room 118 sues caught up in the AIDS O'Brian Hall, which houses the epidemic and our response to National Lawyers Guild, the it. What we don't talk about not Gay Law Students Organization only leads to political disemand In the Public Interest Jourpowerment it can kill us. Connal. Also, The Names Project is trary to popular belief, things taking the quilt on a national don't go away just because you tour beginning in the Spring of don't think about them, don't 1988 in an effort to raise money talk about them. We have to for AIDS research. It is not too think about AIDS, about the late to make a panel and have ramifications it has for our lives, it included. If you want informaabout ways to alter our sexual tion on the Project, write to: The activities to ensure safety for Names Project • P.O. Box 14573 ourselves and for our partners. • San Francisco, CA 94114 or We must think about the meanagain, stop by room 118. ing behind our readiness to see Think about these things. Ask this as a disease of Others, questions. Talk to other people about our government's refusal about them. We really do beto treat this as a widespread lieve that Silence = Death. and — Start Facing TheFacts And Prepare To reduce the likelihood of becoming infected with HIV, and hence contracting AIDS, you must: understand that almost anyone could be infected with the virus, so for all practical purposes there are no longer highrisk groups, only high-risk activities; practice safer sex every time you have sex; never share an IV needle with anyone for any reason; remember that when you are under the influence of drugs or alcohol your ability to make sound decisions about sex and your health can be severely impaired. Make sure both youand your partner understand and agree to practice safer sex before you get high. If after a few drinks you feel that it's worth jeopardizing your life to have one night of unprotected sex, your judgment is impaired. Practicing safer sex is the only way to remain sexually acyour • • • • tive and protect yourself from exposure to HIV. Though abstinence from sex may be a viable alternative for some people, for the majority, trying to abstain from sexual contact is not realistic. You do not have to give up sex to avoid AIDS, but you absolutely mustgive up unsafe sexual practices and follow these safer-sex guidelines. Vaginal intercourse Since the AIDS virus can be transmitted by vaginal secretions, semen, and blood, in vaginal intercourse both partners are at risk. This risk is heightened if either or both the partners have cuts or sores on their genitals, through which the virus could gain easy entrance to the body. Condoms have been shown to block the transmission of HIV; they offer the best protection against AIDS transmission through sexual intercourse. Though they can break or leak and are not a complete guaran- tee against HIV transmission, when used properly, with plenty of water-based lubricant, they rarely break and do reduce both partners' risk. Never reuse a condom or use an old or mistreated one. And always grasp the condom firmly at the base while the penis is being withdrawn, to prevent spillage. Anaf intercourse Both homosexual and heterosexual couples engage in anal sex: like vaginal intercourse, anal intercourse puts both partners at risk. The anus is often tighter than the vagina and the tissues lining the walls rupture easily, allowing bleeding that may not be visible to take place. Moreover, because of the tightness of the anus, condoms are more prone to break during anal intercourse. Using plenty of water-based lubricant reduces the likelihood of the condom's breaking. It is also a good idea to withdraw continued on page 9 October 28. 1987 The Opinion 7 �Stanley H. Kaplan has chosen his bar review. Have you? For years, Kaplan students have been asking for a bar review course with the same standards of excellence as Kaplan's other courses. After carefully investigating bar review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family of outstanding educational offerings. The academic j*stik integrity and comprehensive, well-paced structure of the SMH approach made Mr. Kaplan's M decision an easy one yours should be too! % Preparation is now available for CaliJ& fornia, Colorado, Connecticut, District of Columbia, Florida, Illinois, Maine, M Maryland, Massachusetts, Michigan, I j≤ New Hampshire, New Jersey, New Jk Mexico, New York, Pennsylvania, M Rhode Island,' Texas, Vermont, and Virginia. W W j< % fc^*^jtefthn, Wk wk »Ik - UI I TB ■ ' x^ /jT ' PP*BbX> M ■—" * M| W SIM' fM J The Best Course Of Action. CAMPUS REPS: Deborah Morel David Freitz Leslie Gleisner Krista Hughes Greg Maxwell Michael Balconi Lamica J 381 ||fc», '' * ' jMi flip* % The,«Opmioni �' Octeber 28. 1987 i STANLEY KAPLAN ED. CENTER 1330 Niagara Falls Blvd. Tonawanda, NY 14150 716-837-8022 8 fel^ w\ ■ A H �Rifkin Takes Time To Reflect On Efficiency Obsession by Andrew Culbertson Perhaps the most effective tool Jeremy Rifkin possesses is the ability to make us rethink certain values that we, as a society, have come to take for granted. For example, the con- cept of time, which was thesubject of his discussion and is the subject of his new book. Time Wars: The Primary Conflict in Human History. Rifkin describes time as "the most abstract social phenomenon." Although he admits that time has been an important issue throughout history, he feels that the obsession in this society has and has had with time is disturbing. This so-called "obsession" with time can be traced back to the early part of this century, when Frederick Taylor espoused his "theory of scientific management." His belief was that if you timed how long it takes an assembly line worker to perform a certain function, that you could create a universal standard by which to monitor the performance of workers. In the long run, this would create efficiency within thefactory. Today, according to Rifkin, Taylor's theory has been applied to many different lines of work, including supermarket checkers and secretaries. Achieving efficiency is ultimately where the obsession lies. According to Rifkin, our society has made such an effort to become efficient, that it has, in a sense, become a prisoner of its own device. To support this conclusion, Rifkin points to the nano-second, "a timeframe below the realm of perceptibility." A nano-second is one-billionth of a second, and is a measure of time that can only be comprehended by a computer. Rifkin's point is that man is dealing with measures of time that he can't comprehend. He believes that it is possible for man to create a level of efficiency that is so high and so fast-paced, that he will be unable to keep up with it. What could happen is that we could have a society that is run by computers that would essentially take control of time. He cited an example of a factory in Japan thatis totally run by computers. "With computer programs, it's possible for man to experience the unfolding of the future without actually having a role in it." In other words, we can watch the future happen without being an active participant. To this extent, Rifkin questions whether or not efficiency is such a good thing. Another problem he sees with efficiency is what he refers to as the "quick fix versus the long-term benefit." Do we want a society made up of buildings that take six months to construct, but fall down in 40 years? Or do we want buildings that take years to build, but ultimately last for hundreds of years? Ultimately, it would appear that ultra-efficiency, or the maximization of the use of time, is a "quick fix" to achieve progress. However, maybe it's about time our society discarded the theory of "maximum efficiency," not only to preserve the quality of society, but to preserve time as we know it. Contrary to the issues he discusses, Jeremy Rifkin's demeanor might be described as anything but heavy-handed. Suffice it to say that he would have been a great stand-up comedian. The most enjoyable aspect of the discussion was the interplay between Rifkin and the audience. At one point in the lecture, a member of the audience stated, "I think your discussion is a little onesided." To this, Rifkin halfshouted, "Of course it is!" He then joked that if therewas anyone in the audience who completely agreed with what he was saying, they should consider having their head examined. Regarding the legal battleshe has waged in Washington against genetic engineering he stated, "I won't lie to you, I love to kick ass in Washington." With comments like these, Rifkin had little trouble keeping the audience entertained. This isn't to diminish the importance of what he said. However, I am reminded of an old saying. It's not what you say, but how you say it. In Jeremy Rifkin's case, he does a good job in both departments. Safe Sex beforeorgasm to lessen therisk of transmission from a broken condom. Oral sex (fellatio) Since semen is a high-risk body fluid, ejaculating into the mouth is risky. You should always use a condom when you engage in fellatio. And because small amounts of fluid are released from the penis well before orgasm, you must put the condom on before you begin, and take it off only when you are done, taking care to avoid oral contact with your partner's semen. There are on the market a number of unlubricated condoms that have no odor or taste; these are well suited for use during oral sex, especially when used with a flavored water-based lubricant. Oral sex (cunnilingus) Since theAIDS virus has been found in vaginal secretions, menstrual blood, in saliva (in small amounts), and in the mouth when there is blood pre- continued from page 6 sent from a cut or sore, unprotected cunnilingus is unsafe. To avoid possible transmission of HIV during cunnilingus, always use a latex dental dam or piece of plastic wrap between the vulva and the mouth during oral sex. Take care to avoid getting vaginal fluids in the mouth. Moreover, because the AIDS virus may be present in menstrual blood, some experts suggest avoiding cunnilingus almenstruation during together. If you are looking for a way to free your hands during cun- nilingus, you might try rigging something up with lingerie that will hold the dam in place. Some elastic straps and girdle clips, or a pair of crotchless or ordinary panties, a sewing kit, and a little imagination will enable you to solve this problem. Always use washable materials with no sharp edges, and never reuse or share a dental dam or plastic wrap. Oral-anal contact Though this type of sexual activity is thought to be relatively low risk, thereremains the possibility thatthe AIDS virus could be exchanged during oral-anal sex through blood or feces. Moreover, there are many parasites and bacteria that can be transmitted in this way, so a latex dental dam or a piece of plastic wrap should be placed between the anus and the mouth to avoid the exchange of these organisms. Remember never to share or reuse the dams or the plastic wraps. Water sports Urinating on your partner has never been considered especially hygienic, and it still isn't. But should you engage in this practice, confineyour activity to urinating on healthy, unbroken skin, andavoid all body orifices. Masturbation Stimulating your partner to orgasm with your hands (or a vibrator) is a relatively low-risk sexual activity, provided you Weekend of Death & Dying Seminar Law students interested in the legal, ethical and policy issues involved in terminal care decision-making are invited to join their peers and a nationally recognized faculty in law, medicine, nursing, social work, chaplaincy, and health care administration at interdisciplinary workshops sponsored by Concern for Dying, a national notfor-profit educational council. The Collaboration: A MultiProfessional Network for Death, Dying and Decisionmaking, was developed 10 years ago by Concern for Dying in cooperation with the American Medical Students Association, the National Student Nurses Association, and the Law Student Division of the American Bar Association. Three student workshops scheduled for 1988 include one session on April 1-4 (Cashiers, North Carolina) for students who have had clinical experience with dying patients/clients and introductory weekends on January 15-18 (San Francisco, California) and on March 4-7 (Airlie, Virginia) that are designed for student professionals who have had little or no clinical experience. Advanced students will join practicing professionals for a weekend dedicated to the com- plexities of AIDS treatment and decision-making on July 15-18 in Healdsburg, California. Law studentsfrom across the country are invited to apply. Meeting expenses are covered by Concern for Dying, and some travel scholarships are available. Spaces are limited apply soon. — For applications or additional information, please contact your local LSD/ABA representative or Penny B. Weingarten, Program Coordinator, Concern for Dying, 250 West 57th Street, Rm. 831, New York, NY 10107; or call collect 1-800-248-2122 (in New York, call 212-246-6962). More Contortions From Contorts To the Editor: The first year of law school can be a traumatizing experience. During this period, most of us have not yet realized that it is fairly difficult to receive anything less than a "Q". Moreover, many of us have not yet learned to effectively sift through the garbage, and thus the anxiety we create for ourselves in trying to figure out just what it is we're supposed to be learning can be tremendous. Both Contracts and Torts can be individually abstract and difficult subjects. The recent Contorts debate has centered around the relative desirability between emphasizing critical legal theory as opposed to Black Letter Law within the first year curriculum. As a Contorts alumnus, I believe that a theoretical mix of these two subjects during this stressful and confusing period makes the mastery of both the theoretical and black letter aspects of these courses all the more elusive. Inclusion of this course in the first year curriculum is where the true "misallocation of resources" lies. Michael Lavender and your partner have no cuts, sores, or abrasions on your skin or genitals. Once you have touched your partner's genitals, be sure not to transmit your partner's semen or vaginal fluids from your hands to your mouth, genitals, or other orifices. If you are concerned about a cut, open sore, or broken skin on your hands or genitals, use a condom, a dental dam, or a piece of plastic wrap, or use rubber or plastic gloves while manually stimulating your partner. The use of dildos, vibrators, and other sex toys is safe, as long as you don't share them; remember to wash them thoroughly in hot, soapy water after each use. French (or deep) kissing Though there has to date been no known incidenceof HIV transmission resulting from deep kissing, the AIDS virus has been found in small concentrations in saliva and in higher concentrations in blood, and therefore it can, theoretically, be transmitted from mouth to mouth. For this to happen, both partners would probably have to be bleeding in their mouths and exchange quantities of blood sufficient to infect their partner. The best way to reduce this risk is to practice good oral hygiene, but to lessen the chances of bleeding gums, avoid flossing or brushing your teeth before French kissing. To keep your breath fresh, use a mouthwash before kissing, and a toothbrush after. And be aware of the general health of your mouth, throat, and gums. If you have a cut or a sore, you should refrain from kissing. Spermicides There is a spermicide called Nonoxynol-9 that has been shown to kill HIV in test tubes but has not yet been proven effective in the body. Since many contraceptive sponges, foams, and jellies contain this chemical, and there seem to be no serious side effects, there is probably no harm in taking a little extra precaution by using the spermicide. However, you must also use a condom, since Nonoxynol-9 may not work as well in the body as it does in the test tube. As an extra pre- caution, in case the condom leaks or breaks, okay but don't use Nonoxynol-9 instead of a condom. — Drugs and needles If you use any IV drugs, either legal or illegal, you must never share works or cookers with anyone. The only way to ensure the sterility of your paraphernalia is to wash it thoroughly with a strong solution of bleach and water, and then rinse it completely in clean water. Though there is no clinical evidence to date documenting nose-to-nose transmission of HIV from sharing straws or rolled-up bills while snorting cocain or speed, it seems sensible to avoid sharing such paraphernalia because of the possibility of blood in the nose. Some final safer-sex points to keep in mind: Remember that protecting •yourself from AIDS doesn't mean giving up sex. But it does mean modifying the way you have sex. that AIDS is Accept •everyone's responsibility especially your own. There is no longer any such thing as a high-risk group, such as gay men, prostitutes, or IV-drug users. There are only high-risk activities that put anyone and everyone who engages in them at risk. Remember that condoms are not perfect protection, since they can leak or break. However, when they're used properly, the chances of this happening can be greatly reduced. Read the tips in this guide to learn how to use them safely. There are many ways for all of us to express ourselves sexually without putting ourselves and our lovers at risk of getting AIDS. Remember that satisfying sex doesn't always have to vaginal, include penetration oral, or anal. Be creative, romantic, and erotic, but don't ever be unsafe. Each of usis responsible for his or her own sexual behavior. Remember it takes two to have unsafe sex, but only one to prevent it by just saying no. Stand firm; someone who is willing to risk your life and his or her own to avoid using a condom, or any other safer-sex practice, just isn't worth having sex with. • — — October 28, 1987 The Opinion 9 �§| j^"liffITMEII jt&b&wr ffiSOr w& IH must DECEIVED BY 11/15/87 The Pieper Course Includes: mtKßm . —*l WMTH THE &*— IHII ■■■V yrn |J ■fl II II ¥ C fill I 111I" Law student's discount of $125 will be deducted from the cost of $950 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 15, 1987. ft Complete lecture series fefly writing ft Multistate Practice and Exam ft Multistate Professional Responsibility Exam tV Multistate Volume Professional Responsibility iIUS — I I JO/W iWper S /Ti; Jn CuiAnrtnn lll'Lfltloo Uu/t/u/lCc For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 747-4311 The Bar Course That Cares. Telephone: (516) I I I I I ——■I I 10 The Opinion October 28, 1987 �Miss Social Procedure by Fiona Smythe-Horch When Carrying Out Your Illicit Tryst, Try To Be Discreet Dear Miss Social Procedure, My girlfriend and I plan to take a short vacation during semester break. When we stop at a hotel for the night, I think it would be less problematic to register as Mr. and Mrs. Mγ girlfriend wants me to register with both our names. Wouldn't it be more proper to present ourselves as a marriedcouple? Gentle Reader: I've never been asked the prope r way to carry out assignations but in recalling my own misspent youth, I find myself sympathetic. Those engaged in illicit activities often imagine their antics to be as interesting to observers as they are to the participants. What, from your vantage point, appears to be a sensational good time is, to a tired room clerk, only another cus- Filvaroff from encroaching on student study space. The serious lack of space caused the immediate veto of Filvaroff's suggestion that the sth floor A-V area be moved and converted into a student lounge/eating area, which seems to be the dean's major concern. Filvaroff has been looking into various ways to establish a full-scale or even satellitestyle cafeteria for exclusive use by the law school. His emphasis on this aspect of student life is not merely in recognition of the fact that occasionally we need to eat. Filvaroff's proposal for an eating area was to allow students and faculty to associate with each other in non-classroom settings and to create a NAPIL tomer. They are accustomed to renting rooms to unmarried couples, some of whose 'travels' consist only of riding several miles out Route 5. It is unwise to ask a hotel employee to participate in what will one day become a past indiscretion. In the bad old days an unmarried couple often had difficulty finding accommodations but this was a time when everyone considered themselves the guardians of everyone else's morals. Hotel owners feared that unmarried couples would fall to the lobby floor and frolic unrestrainedly before school children from Dußuque. Though I am not a stickler on what ladies do or don't do, a general rule of thumb is for a woman to busy herself elsewhere anytime a gentleman admirer is attending to matters in- feeling of community withinthe school. SBA President John Williams remarked that acquiring more student lounge space should take precedence over a cafeteria, and students should not be expected to forfeit the limited amount of lounge space that they have. Others, however, voiced the opposite opinion. Professor Erroll Meidinger suggested that because we have never had such a facility, we cannot know what we are missing and what it would add to the law school experience. Professor Thomas Headrick, a former dean of thelaw school, remarked that when O'Brian Hall was first built, there was a law school cafeteria in the base- volvingan exchange of money. At a hotel she can examine travel brochures or find something interesting out the window. If this is not possible, she can mentally remove herself by engaging her escort in light conversation while he registers. For example, "Let's look at the map and plan a side trip for tomorrow," or "Wasn't it lovely (or awful) to see Aunt Mildred?" Even the room clerk can be drawn into the conversation with inquiries into dining room hours or local historical sites. If yourcompanion is properly distanced from financial matters, she will be equally oblivious to the exact nature of the registration. On a practical level, you both have an interest in not leaving a record of your time together. In future either of you may wish ment of adjacent Baldy Hall. Students and faculty would eat together and talk on a more casual, one-to-one basis. This, according to Headrick, created an entirely different atmosphere within the school. Initially, Filvaroff had hoped to convert O'Brian's unused basement area into an exclusive cafeteria. This proposal has proven, however, to be cost-prohibitive. Another idea would be to open up the sth floor courtyard to students and install a canopy or even a roof. These proposals will be looked into, but are likely to be problematic. The most optimistic-sounding suggestion isto open upthe 4th floor student lounge and the Participating organizations included the Mexican-American Legal Defense and Education Fund, the National Wildlife Federation, People for the American Way, Vietnam Vete- rans of American Legal Services, and many more. I talked to many of the representatvies, and grabbed every piece of information available, which is also available in room 620 for anyone interested in checking it out. The conference ended with a keynote address delivered by Ralph Nader. Nader encouraged the law student audience not to go through law school with a narrow mind. He stres- sed that law students' first Murphy SUDDENLY,TIME SlttO STOi ,BWS FEU. SatHT. COEDS QUl\t«H>lN/»inCIWION S«ELCCN--mE ZENITH OOMPOTER NERD-HOSItfVED OFF THE BUS. Here's Sheldon the Computer the hottest new hunk Nerd... on your campus! He's hip. He's cool. He's the new wave nebbish. Now you can discover Sheldon's secret to TheZenith Data Systems Z- 159 Enhanced PC ■ U^g7 yv j»«-i\ I to run * virtually all MS-UOS "mI MIHS ,, | software • 76KK RAM for enough niemor>to hold large spreadsheetsand datam Mj}.|X)Sincliidl!d graphics Windows • Microsoft software withhard disk version complex and often unclear in their intent. "No one knows what [the Medicaid statute] is really supposed to do." Working in such a new area of law has its advantages in that "the cases we have are breaking new ground." . Computer Nerd success with this special offer from your Zenith Data Systems Campus Contact. Sheldon gives it a big thumbs up! Here's the Sheldon Special! Great for • heavy-duty word processing. accounting and spreadsheets! AJsoavailable with 20MB HardDisk and Single SW" Floppy Oml sM-Hw.lMLh.ci •β-eediwajpnre $l.5»00 Sp*vi«lSiudtnt Pri™-- * r^.cu\ $*| |1/IC| X.^\J^:Z7 Both models available n8 h o;'»,"n7 v?de.: ——^~ I. Hercules-compatible or CGA video /?5S«—>v 2. EGA video XSPwiSw\ Visit your Zenith Data Systems Campus Contact today: Heath/Zenith Computers & Electronics 3476 Sheridan Avenue -"Krjwvjw fiMA (S \/ V) VVSSfS/^ VQ*£i£tJ J^10*1 Sterns ~?&B3S^Hr THE CXJAUTYGOES IN BEFORE THE NAME GOES ON* Ask about how you can qualify for easy monthly payments witha Zenith Data Systems Credit Card! Sprcul (rand odef may indicate. Considerthe pos- sibility of a political career. Wouldn't the Enquirer love to find thatregistration card when she appoints you to her cabinet! Dear Miss Social Procedure, From your last column, I see you are a purveyor of what you call "conversationalkindness." We all know that you mean a type of lying hypocracy which is very distasteful. Why should I tell someone they look nice when they don't? Why should I say I had a good time when I didn't? M.K. Gentle M.K., Good manners and honesty often, to the casual observer, appear to be at cross purposes. Conversational kindness, rathCSEA staff lounge and create one large student/faculty lounge and possibly an eating area. A full-scale grill operation would probably be out of the question because of ventilation problems, but a satellite such as the one along the secondfloor walkway between O'Brian and Baldy could be feasible. This proposal also has problems because of the handful of students who make regular use of the 4th floor lounge for studying. There was also the suggestion that any new food service facility is likely to draw non-law students because the Baldy satellite cannot accommodate all of the students who wish to utilize it. This problem erthan being predicated on fabrication, is the core of human relationships. What it requires is the instinctive translation performed by every recipient of a conversational kindness. "What a lovely dress," "I'm so pleased for you," and "You look wonderfully well today" really mean, "You are important to me and I want you to feel good when we're together." I assume that in the name of honesty you are willing to tell someone that they are dressed incorrectly, don't deserve a happy event, or look a wreck. Perhaps you should circumvent social intercourse altogether and simply state to every passer-by: "In hopes of making my miserable self feel better, I am willing to make you feel awful." I'm sure many people will be happy to make your acquaintance. continued from page 1 was of concern to Dean Filvaroff because it would defeat the purpose of having a law school cafeteria. Dean Filvaroff welcomed all of these concerns and suggestions and remarked that his job as dean will be to weigh out all of the relevant factors and eventually to come to a decision. Filvaroff stressed that nothing is definite yet, although he would like to get some decisions made soon in order to plough through the inevitable as red-tape bureaucratic quickly as possibly. Additional comments and suggestions would be most welcome and should be directed to Professor Lee Albert. continued from page 5 summer and permanent employment opportunities with their organizations and gave out materials explaining their group's particular goals and concerns. ' to present yourselves as more innocent than a hotel register good only on purdusn thraifh Zenilh ConUHfi) hMrd dmvc by Mudraii, baity md sUfl fnr Ihrir own inc. No othrr ditriHMis inpiy. I-*"*' ""<■ pcfionjl convwter %ni on* mcmlor per mdividiul m v>r i2-ronnih pennd. Pnrvi sub)ni to Hwnif- Mlrat WtliT. OiW7. 7ymthI)>t a S> Mein* Teaching is not a new endeavor for Murphy. Before coming to law school, Murphy earned her B.A. and M.A. in education and taught learning disabled children for three years in public schools in Buffalo and the suburbs. Teaching priority should be to use our power to influence changes in the law school curriculum to re- flect relevant societal concerns. We should be demanding courses in Poverty Law, for example. He also stressed the need to learn about institution building, using examples of the NAACP, the NRDC and the ACLU organizations that were formed by individuals who "stepped back from the brush fires of the day" to address the systemic causes of society's ills. — continued from page 4 thesechildren was fun but often frustrating. "When you're so busy controlling behavior, somehow thetransferof knowledge gets lost," Murphy said. That setting also presented a limited opportunity for growth. "In a public school system the highest you can go is principal." This option, in addition to being somewhat remote, would not have enabled her to satisfy her need to fulfill herself academically. She came to law school, in part, to see if she "could do it," and challenge herself academically. Political Activity that I oppose. This is violative of my rights. [In Golda v. Bloustein, 686 F.2d 159 (3rd Cir. 1982) rev'g, 516 F.Supp 1142 (D.N.J. 1981) the Court of Appeals for the Third Circuit held that Rutgers University could not collect a student fee to support a student group if the group's activity were essentially political.] To Ralph Nader, a comprehensive legal education emphasizes a broader understanding of political, economic and social forces. By studying legal history, we can examine the mistakes of the past and use our skills and education to implement social change. Nader also criticized the vast majority of attorneys who suffer from "retainer astigmatism," who don't look beyond the interests of their (usually high-paying) clients. He termed current law firm billing practices as "the largest form of white- collar crime in America," citing the commonplace practices of doublebilling and non-itemization. Nader ended by pointing out that students, by their unique status, are far more able to make a difference in society. He called on law students to maintain a "dynamic conscience." In answer to the question, "What is public interest," Nader replied, "Can you bring your conscience to work every day? If yes, then it's public interest." continued from page 6 The fact that students have expressed concern over this issue points to the need for SBA action. Having no definition of political activity does not preserve political diversity, it only insures that views unpopular to those in power can be barred from receiving student activity fees. Those who feel otherwise need only turn the clock back to the Spring of 1985 when the "left" effectively prohibited any student activity fee from going to the Right to Life Club because their activities were bound to be political. James P. McClusky Third Year SBA Director October 28, 1987 The Opinion 11 �NEW YORK, NEW JERSEY AND NEW ENGLAND STUDENTS: MULTISTATE PROFESSIONAL RESPONSIBILITY More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). Note:As of September 1,1986, NewYork, New Jersey, Massachusetts, Maine, New Hampshire, Connecticut and Vermont have decidedto require the MPRE for Bar Candidates. (Rhode Island has not yet adopted the MPRE.) Date: Time: Place: SAT., NOV. 7 9:00 3:00 PM ROOM 106 - *(Additional Locations Available fl / \\J/\JJ\J bar review 12 The Opinion October 28, 1987 - Contact Boston Office) The Nation's Largest and Most Successful Bar Review. M 415 Seventh Aye., Suite 62, New York, N.Y. 10001 (212) 594-3696 (201)623-3363 (914)684-0807 (516)542-1030 160 Commonwealth Aye., Boston, Mass. 02116 (617) 437-1 171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-10-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/28/1987 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4febc3e0ae7f88b8e4204ebcaef28a3b.pdf 9708122109ea5c8429d42f160524e65b PDF Text Text O THE PINION Volume 28, No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 14, 1987 Newhouse Calls for Consolidation of Office Space by Krista Hughes Allocation of office space among student organizations has suddenly become a bigger problem than it has been in the past. Dean Wade Newhouse called two meetings, on September 30 and October 7, with representatives of all the Law School student organizations to discuss a necessary consolidation of office space. The hiring of two new clinic instructors has necessitated the removal from room 506 of the Black Law Students Association (BLSA) and the Latin American Law Students Association (LALSA) in order to maintain a sense of centrality within the clinic program. Until this year, according to Dean Newhouse, we were trying "to mash 75 lbs. of potatoes into a 50 Ib. bag." But due to the increased demand for offices among student groups and faculty members alike, we are trying to fit "100 lbs. of potatoes into a 50 Ib. bag." As a result, Newhouse has called for "a general realignment based upon use." Several areas of O'Brian Hall are conducive to a certain degree of change, whether or not the resident student groups are particularly amenable to such changes. Based upon an examination of each room's square footage, Newhouse determined that many offices formerly occupied by only one organization will now have to be occupied by at least two. "We cannot continue with one organization per room," he stated. The Federalist Society office, room 505, is 116 square feet. Dean Newhouse has suggested that Phi Alpha Delta (PAD) also move into that office. The International Law Society will be moved out of 113, which it currently shares with PAD. Rooms 113 and 113Awill become the headquarters of BLSA and LALSA, thus making these active associations quite a bit more accessible. Offices in the basement have been pegged for some extensive changes. Originally the four basement offices were allocated to the Moot Court Board, which now occupies rooms B8 and 811. In response to a concern that the Board might be required to forfeit one of those offices, Newhouse replied, "There is no question that we are going to adequately serve Moot Court," and refrain from shifting around or taking any of their office space. Room 87, currently occupied by the EnvironmentalLaw Society, is by far the largest usable room, taking up a whopping 300 square feet. This is more than twice the size of mosst of the other student offices. Consequently, B7 will be Prof. Hyman: 41 Years at U.B. Law by Donna Crumlish In the spirit of the Law School's Centennial, The Opinion will print a series of articles conveying thereminiscences of those faculty and staff members who have been with the school for an extended period of time. The first article focuses on Professor Emeritus Jacob D. Hyman. Professor Hyman is in his forty-first year of service to the Law School. After graduation from Harvard, work in a general practice firm and work with the Office of Price Administration in Washington, D.C., Mr. Hyman came to Buffalo where he has remained since. He served as Dean of the Law School from 1953-64, at which time he was successful in assembling some of the first-rate faculty we see at the school today. When Hyman arrived in Buffalo in 1946, "the Law School was small but exceedingly good in light of its resources." Hyman had his work cut out for him with only five other fulltime professors and an increasing student population as students began to return to school after World War 11. "The small faculty meant that most full-time faculty came in contact with students two or three times in classes so there was a real interaction between students and faculty," Hyman commented. In referring to the nationwide campus unrest of the late sixties, Hyman implied that this high level of interaction between students and faculty did not remain constant. "There were shaky times, times when the whole university was shaky." The Law School at this time was located at 77 West Eagle St. and therefore separated from the rest of the University, but the gap between students and faculty was felt just as it was on the main campus. Hyman notes that with the state takeover of the University and the Law School, and the subsequent building of O'Brian Hall, the student population was expected to double from 300 to 700 students while the number of faculty was expected to quadruple. "The building was designed to try to keep the interaction between faculty and students as easy as possible notwithstanding the expected growth in student population We deliberately sought to avoid concentrating on huge classrooms." Student protest and tensions between faculty and students seem remote to students in .. O'Brian Hall now, where faculty-student interaction is once again at a high level. The Law School has always been interested in "bringing in people with other scholarly interests" to be a part of the faculty. During the years Professor Hyman served as Dean of the Law School, he took an active interest in steering the school away from the traditionally narrow professional conception of legal study that many law schools had.He wantedthe curriculum to reflect the role of the lawyer in the larger social context. In an interview with The Opinion in 1971, Professor Hyman commented that "pure scholarship should be carried on in law school. Not only must the legal system itself be examined, but the nature of the legal system in society and the soundness of the postulates of the society on which it works." This is a view he still holds today. He sees this type of development in legal study as a very positive aspect of the law school. Along with a sharply focused critical emphasis, Hyman said there has been "a much larger input of social science analysis for example, David Engel working on alternative methods of dispute resolution an issue we're looking at from the social science point of view." ... ... This type of outlook has helped Buffalo to distinguish itself from the other law schools. continued on page 8 housing the evicted International Law Society, the Asian Law Society, and the as yet unplaced Journal of Contemporary Law. Room 810 will remain unchanged and will continue to house the Association of Women Law Students (AWLS) and the Buffalo Public Interest Law Program (BPILP). There was some speculation that room 101, which is used solely by SBA and is 240 square feet, would be forced to accommodate up to two other groups. However, the potential to utilize room 113A, which the Dean had previously found inaccessible, frees up an office and eliminates the necessity to alter SBA's position. The newly chartered Phi Delta Phi fraternity was not represented at either meeting, but will doubtless need office space. Room 724, the cramped Opinion office, has been left untouched as has room 725, which houses Research and Writing and Legal Methods, and room 604, which is occupied by the Parents Law Student Association. Peer Tutorial is currently occupying Virginia Leary's office, room 418, but will have to forfeit its space in January when Leary returns from sabbatical. That, however, is an issue for Dean Filvaroff to address. SBA Secretary Kulla Resigns by Michael Kulla On October 6, at the end of the SBA meeting, I announced my resignation as SBA Secretary. It was a difficult decision for me to make. When I had a realistic look at my schedule, I knew that I could not contribute the time needed to handle the position. The secretary of any organization is important, as he or she must work well with the directors and the membership to keep the group running smoothly. I hope the person that takes my place will be able to devote the time necessary to do a good job. As for myself, I will now have more time to do my schoolwork, my job, and to participate in the Buffalo Public Interest Law Program. I want to wish John, Derek, Kimi and the new secretary the best of luck this year. I wish I had the time to work with them, because it would have been a rewarding and enjoyable experience. Loans Delayed By New Regs, Computers by Zulma Bodon The frustration of having to wait for Guaranteed Student Loan (GSL) money is just one aspect of being part of a large and complex university structure. The UB bureaucracy, combined with other factors, have caused major delays in the processing of student loans this year. According to Bill Hart, Graduate Assistant for Financial Aid, the first and most important cause of delay is the fact that the University does financial aid packaging first before GSL applications can be processed. This year the Main Street office did not finalize the packaging of law students' financial aid until after the middle of July. Thus, even though most students filed on time, the actual processing of GSL applications began in late July. Also, those who filed in July, mainly first year students, had to wait until the applications of those who filed in May and June were completed. But the question remains: Why did the entire process begin so late? Hart explainsthat changes in the University's financial aid computer system "pushed everything back." The lack of computer access has also made Hart's job a frustrating one. "Until last week we did not have a financial aid computer access up here, so I .. would have to go to Main Street I was basically restricted to two days a week for processing (GSL) applications." Another reason forthe delays has to do with a new federal regulation that went into effect in January of this year. According to Hart, the U.S. Department of Education has instituted a system called "verification" whereby students are selected at random and are asked to supply a number of documents such as tax returns and proof of citizenship. This, Hart noted, "is a way for them to check up on information thatthe student puts down on the financial aid form." This new regulatory procedure has created major delays because 30 to 40 percent of the student body at UB get selected for "verification," said Hart. This means that before financial aid packaging begins the University is required to notify those students who are chosen at random and to obtain from them the missing documentation. This process, said Hart, "takes time." The issue of undergraduate financial aid transcripts has also presented problems this year. Hart indicated that although a financial aid transcript has always been required as part of the law school applicacontinued on page 2 �SBA Describes Function of Law School Committees The SBA will be interviewing interested students on Tuesday, October 27 and Wednesday, October 28 for membership on the following committees: and to report to the Committee student reactions to visiting candidates. The Committee meets frequently in the fall and in the early part of the spring semes- 1. Academic Policy and ter. Program Committee (APPC) This Committee considers proposals for changes in the academic program and graduation requirements. Proposals come from faculty members, deans and students. After the Committee reviews a proposal, it makes a recommendation to the full faculty. It is composed of the Dean as Chair, three faculty members, three students and a Law Library faculty member. Meetings are held when theCommittee has proposals to review; i.e., somewhat irregularly. 2. Academic Standards and Standing Committee(ASSC) This Committee acts on petitions from students for readmission or waiverof Law School academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. By the nature of its work, the Committee requires observance of strict confidentiality. Its r.eetings are closed to nonmembers. It is composed of the Dean as Chair, three faculty members, three students, Dean Wallin and a Law Library faculty member. It meets when it has sufficient matters to review or when action with respect to a student petition is particularly urgent. 3. Admissions Committee This Committee sets general standardsfor admission and reviews files ofcandidates for discretionary admission. Composed of six faculty members, one of whom serves as Chair, four students, a Law Library faculty member and Deans Carrel, Newell and Wallin, it generally operates through subcommittees which make recommendations to the Chair. Its work is particularly heavy in the period from January to May when files must be read expeditiously. All of the work of the Committee is held in strict confidence. 4. Appointments Committee This Committee screens candidates for faculty positions, arranges visits and interviews, and makes recommendations on appointments to the full faculty. Only positive recommendations of the Committee are reported publicly. The Committee is composed of four faculty members (elected for two-year terms), two students, the Dean and one Law Library faculty member. The Chair is elected by the faculty members. The two student members are expected *o contribute to the process oi screening resumes, to organize meetings at which candidates can visit with a diverse group of students, 5. Budget and Program Review Committee (BPR) This Committee reviews the non-personnel part of the Law School budget and makes recommendations to the Dean on his expenditure plans, particularly those with respect to student organizations and programs. It meets infrequently, normally only when the VicePresident allocates the funds for the Law School budget for the next fiscal year. The Committee is composed of the Dean as Chair, three faculty members, three students. Dean Wallin and a Law Library faculty member. The three faculty members are elected by the faculty at large. 6. Faculty-Student Relations Board (FSRB) The Committee acts on student disciplinary matters, student grievances against faculty members or other students, and faculty grievances against students. It is also charged with establishing the method of student evaluation of teaching. It is composed of three faculty members and three students. The Committee elects its own Chair. Dean Newell serves as ex officio advisor to the Committee. The workload depends on the number of cases filed, with respect to which the Committee conducts hearings and/or engages in other forms of investigation. Its proceedings respect the confidentiality of the parties. 7. Library Committee This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequently and serves mainly as a channel of communication between the users of the Library and the Library staff. It is composed of four faculty members, one of whom serves as Chair, and four students. 8. MitchellLecture Committee This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows; that is, distinguished visitors who lecture and meet informally with faculty and students. The Committee is composed of three faculty members (one of whom serves as Chair), one Law Library faculty member and three students. It meets when it has proposals to consider or Mitchell Lecture plans to arrange. 9. Special Program Committee This Committee oversees the Special Program including advising the Admissions Committee on individual credentials for Lucinda Finley by Donna Crumlish Lucinda M. Finley, an Associate Professor of Law at Yale Law School, will be visiting UB to present herself as a UB Law School faculty candidate. A graduate of Barnard College and Columbia University School of Law, Ms. Finley has published in the areas of women and the law, bankruptcy courts, and medicaid. She has been involved in research projects on the impact of legal education and the legal profession on women and their career development, and the alternatives to litigation of toxic torts disputes. Ms. Finley will be meeting with students on the afternoon of Monday, October 19. The time and place will be posted; all students are urged to attend. 2 The Opinion October 14, 1987 admission, arranging the strucof the first-year Legal Methods program, and providing counsel and wisdom to the ASSC on students from the Special Program who may be in academic difficulty. In general, the Committee has a charter to improve the quality of the Law School's affirmative efforts and to expand the number of minority and disadvantaged law graduates. The Committee has four faculty members, one of whom serves as Chair, and three students. Dean Newell serves as ex officio. It meets as problems or issues arise and works intensely in the spring on admissions. ture 10. Student Representatives to Faculty Meetings This Committee attends faculty meetings and represents student views to the faculty. The faculty meetings are chaired by the Dean and are attended by all faculty and the administration. The student representatives are invitees and hence do not have a vote on issues. The function of the student representatives is essentially to act as liaisons, who in turn report to the SBA. Formal announcements may be requested of committee members at the faculty meetings. Aside from the two representatives appointed by the SBA, the Committee will consist of the SBA President and Vice President. 11. Committee on Resolutions This Committee will be in force on a trial basis for the 1987-88 academic year. Its sole purpose will be to function as a forum for any resolution coming within the scope of By-Law 14 (Special Resolutions). Responsibilities of members will includeformal presentation of resolutions before the Board at regular meetings and will meet where necessary. It will be comprised of four SBA Chairpersons, three SBA Directors and three student members at large. 12. Finance Committee Chaired by the Treasurer, the Finance Committee prepares the fiscal year SBA budget and recommends funding for groups that need support during the academic year. The Committee also acts on requests for student activity fee waivers and additional funding requests throughout the year. The Committee will be comprised of five students. 13. Rules Committee This Committee acts on recommended changes in SBA ByLaws or theConstitution. It also reviews activities and makes recommendations to the Board with respect to supervision and coordination of duly approved SBA organizations. The Committee is responsible for imposing sanctions (after a hearing) on any student organization for violation of SBA Contstitution or any rules promulaged pursuant thereof. It will be comprised of fourSBA Class Directors and three students at large. Interestedstudents must sign up for interviews by Friday, October 24. Sign-up sheets are posted outside the SBA office door. SBA Meeting: Debate Over Meaning Of "Political Activity" Continues by Fredericka Sands Voting members of the Student Bar Association (SBA) failed to reach a consensus on a motion to pass a resolution defining what constituted political use of mandatory student fees by SBA-funded student organizations at the October 6 meeting. The issue surfaced in response to a "Block Bork" table sponsored by the National Lawyer's Guild (NLG). The NLG sponsored an information, petition-signing, and letter-writing campaign aimed at urging Senators Daniel P. Moynihan (D) and Alfonse M. D'Amato (R) of New York not to vote in favor of the confirmation of D.C. Circuit Court of Appeals Judge Robert H. Bork to the Supreme Court of the United States. At the October 1 meeting of the SBA, opponents of the "Block Bork" campaign argued that it was inappropriate to use student activity fees to fund a political project. Spokespersons from the Guild responded by saying that the definition of political could be interpreted many ways by many people. And that everything is, in the final analysis, political. The intense discussion over how to define political activity drew suggestions ranging from drawing the line at activity which is directly involved in the political process (i.e. the road to political office) to calls for consistency (referring to a failure to fund a "Right to Life" group in 1985), to a motion Financial Aid tion process, "this requirement was not strictly enforced in the past." In fact, some second and third year studentswho thought they already had a transcript on file have recently been notified that they must provide this document in order to be eligible for financial aid. Hartalso attributes the delays to the failure of some students to take the time to fill out forms correctly. In some instances, he said, "they don't even fill it out "that SBA organizations are prohibited from spending SBA funds for any political purpose which is not eduational or informational in nature." After two hours of debate and no agreement, the issue was tabled for reconsideration at the next meeting. When debate resumed at the October 6 meeting a former student member of the SUNYAB Board of Trustees addressed the concerns of those who expressed reservations as to whether use of funds by the Guild, notwithstanding SBA guidelines, might violate state guidelines on political use of student money. The speaker explained that the term "political" had always been construed narrowly to mean support of political candidates. And that the issue really was not whether the Board of Trustees' guidelines prohibited the use at issue, but whether students through their elected representatives approve of the practice. Whether elected student representatives approve of the practice or actually know what the practice is, or should be, is still questionable. SBA President John Williams noted that the SBA has no set policy on what it considers political [activityl. He believes that more specific definitions outlining exactly what uses are and are not allowed may be a solution. First Year Director Kathleen Doyle said, "I think this could potentially infringe on every- ... legibly or don't put down the correct social security number." These mistakes, Hart explained, "really screw up the work because the person has to go all the way back to Princeton and get things straightened out before a new form is sent out." In the meantime the student has to wait, sometimes hoping to obtain an emergency loan until she or he discovers that emergency loans are not granted unless a GSL application has ... one's right to free speech. I don't think we should be defining [what constitutes] political speech." Other students expressed dismay that pro-Bork forces didn't simply erect their own table next to the NLG's. Third Year Director and NLG member Andy Bechard noted that it was "too bad that this much time was wasted. We should be able to do this without question. And that was obvious from the support we got at the meeting and among the directors." Bechard went on to say that the activity around the Bork nomination was an "educational and empowering act. It's not only educative but experiential. And fortheSßAtowantto deny someone that seems outrageous I don't feel that SBA can adequately define political activities; it's too gray an area." One hundred thirty dollars in duplicating costs and materials were spent by the Guild to sponsor the "Block Bork" drive. According to Bechard there has been discussion of fund-raising activities to replenish the funds used for the Bork project, and also talk of raising a pool of money for future battles. The NLG sent between 600 and 700 letters to Senators Moynihan and D'Amato, along with petitions holding about 350 signatures to the Senate Judiciary Committee. After weeks of inquiry and debate the Senate panel voted 9 to 5 to recommend to reject Judge Bork's nomination. .. from page I been processed and approved. This, Hart noted, presents serious problems because "we are not supposed to give out emergency loans unless the student has a loan on the computer which indicates that money is coming in." The law school has tried to help students in need of emergency money. This is done through the Emergency Loan Fund financed by the UB Foundation and the SBA. continued on page 9 �Legal Aid Society of NYC Seeks Public Defender , by Oliver Bickel Are you interested in landing a first job that woulr put you in the courtroom every day representing clients? Do you get satisfaction from helping less fortunate members of our society? If so, August Milton has a job that may interest you. Milton is Executive Assistant to the Director of the Legal Aid Society of New York City. He and Legal Aid attorney Sidney Lester came to the law school on Monday, Sept. 28 to present their organization to UB law students and to attract interested applicants. The Legal Aid Society is a private, non-profit, public service law firm with approximately 800 attorneys and 1,800 staff persons. The society operates out of 26 locations exclusively in New York City. It is divided into five divisions, the largest being Criminal Defense with over 500 attorneys on staff. Also, the society has Criminal Appeals, Juvenile Rights, Civil and Volunteer Divisions. The primary function of the society, according to Milton, is representing indigent residents of New York City who have been accused of Criminal acts. Since New York City has no public defender's office, all criminal cases are referred to the Legal Aid Society. The Criminal Defense and Criminal Appeals Divisions handle the defenses for these people. In 1986 alone, the society handled approximately 200,000 criminal defense cases. The society also represents indigent clients in Civil and Juvenile Rights cases, dealing with, in Milton's words, "meat and guts practical things" such as apartment evictions and child welfare cases. These divisions, with approximately 150 attorneys on staff, do not go through the same volumes of work as do the criminal divisions. Milton urged students to consider the advantages of starting a law career with the Legal Aid Society. Most importantly, he says, Legal Aid provides and encourages practical hands-on experience. After a five-week training program which stresses how to prepare for trial and how to defend, new attorneys immediately begin actual client representation. UB Law Recruitment Committee Seeks Some Artistic Students by Krista Hughes Professors Guyora Binder, Erroll Meidinger and Victor Thuronyi, and Assistant Dean Aundra Newell have been appointed to a Student Recruitment Committee which will be responsible for putting together the catalogue which goes out to students who are interested in coming to UB Law School. In an attempt to "improve the information available to prospective law students," the Committee is seeking the help of current law students who are artistically inclined in photography or drawing and who can "document the life of the Law School" from differentperspectives. The Committee is hoping to commission three for four people who can capture the daily life of the law school in pictures and help to present UB Law in the best possible light. According to Prof. Meidinger, they are acting on the assumption that "we have a fair bit of talent among students," and the Committee would like to harness some of this talentfor the benefit of ÜB. Students who do participate in the project will be given credit in the catalogue, and film and developing will probably be supplied. Interested students can meet with the Committee on Thursday, October 22 at 2 p.m. in the first floor student lounge. They are to supply samples of their work and some ideas for how to go about executing the project. Anyone who is interested but cannot make the meeting should contact one of the Committee members. PHOTOGRAPHERS AND ARTISTS Wanted to work on UB Law Recruitment Catalogue. Come to an informational meeting on: WEDNESDAY, OCTOBER 22 AT 2:00 P.M. In the first floor lounge. Contact: Profs. Binder, Meidinger, Thuronyi or Dean Newell. LEGAL MANIA Milton says the ensuing intensity of work pays substantial dividends, accelerating development of important legal skills and teaching how "to be a good lawyer." Lester, an attorney in the Criminal Defense Division for the past year, agreed, adding that if you can speak well and think on your feet you have an excellent chance to succeed. The work is challenging, he says, yet the Society gives excellent support by introducing the new attorney to the work by way of the training sessions and then assigning a preliminarily small work load. Further, there is constant communication between senior and junior organizational members to ensure positive development. Lester also countered two common criticisms of the Society. First, to the charge that the Society is underfunded, Lester felt he had more than ample support staff. Second, concerning the inherent moral dilemma the defense attorneys often face, Lester says that 80 percent of the time his clients are not guilty of the exact criminal circumstances with which they are charged. Milton says theSociety is looking for law students who have a desire for this type of work and who have shown an interest in criminal law. The starting salary for a law school graduate before bar passage 's $25,500 and after passage, $26,700. Further, each anniversary date nets a raise of between $2,500 and $3,000 and all staff attorneys are afforded a benefit package where, according to Milton, "everything is covered." If interested, second year students seeking summer internships and third year students seeking initial employment are encouraged to inquire about Legal Aid at the Career Development Office. Donaldson Presented An Insider's View Of Washington, The Press, and Politics by Krista Hughes UB opened its Distinguished Speakers Lecture Series on Monday, September 28 with a talk by ABC News White House correspondent Sam Donaldson. Donaldson spoke for about 35 minutes and then fielded questions from a standingroom-only crowd in the Slee Concert Hall. The lecture, entitled "Power and the Presidency," touched upon many of Ronald Reagan's personal shortcomings as a president, according to one of Reagan's main challengers from thepress corps. It was also an opportunity to showcase Donaldson's wealth, or lack depending on the issue, of strong opinions. Donaldson assured the audience that he would reveal his every opinion, and that "the less I know about a subject, the more opinionated I'm going to be." ABC's chief White House correspondent began his discussion by relating instances of President Reagan's trademark conversational faux pas, and of his personal inconsistencies. One example was Reagan's donation of $1,000 of his own money to a child who was desparately in need of a kidney transplant, but subsequent chopping of the federal budget to prevent the establishment of health care offices which would administer such transplants. Donaldson used this and other examples to suggest that is is not possible to dislike Ronald Reagan on a strictly personal basis. However, on the presidential level, "Reagan doesn't understand the details of the programs that are initiated under his name." While he is quite capable of getting what he wants, according to Donaldson, the president is generally unclear on the specifics of the plans that arise out of his demands. Donaldson went on to express his views on a variety of issues as suggested by hisaudience. Regarding columnist Bob Woodward's alleged meetings with late CIA Director William Casey, Donaldson remarked that "Casey had a romantic image of himself," and would have thought himself able to handle talking with the investigative reporterwhile he would not allow any of his agents to be interviewed. Donaldson also remarked that Woodward's good reputation and his own personal interest would prevent him from engaging in the kind of "stupidity" that would be needed to fabricate so publicly a "19 word line" of such significance. Other members of the press and the journalistic profession in general were also targeted for Donaldson's comments. When asked why journalists find it important to reveal the "personal qualities and goings on of public figures" such as Gary Hart, Donaldson jumped to the defense of his colleagues. As a "strong general rule we have no business using shotgun shuttergun techniques of asking personal questions." However, in Hart's case, the candidate challenged the press to follow him around, which the press did with pleasure. He publicly preached morality, but conducted his personal life without using good judgment as to morals. While Donaldson rejected using adultery as a moral "litmus test" he was critical of Hart's indiscrete conduct, his well-known practice of keeping company with women other than his wife. Gary Hart's public display of poor judgment and sagging morals necessarily raised the question of the man's "overall ability to conduct the duties of his office." Donaldson stressed that the role of the press in Hart's case and elsewhere was not to breed cynicism among the voting public. "I don't think we can take a nonissueand make it into an issue and destroy a candidate The power of the press is in bringing out the news" and letting the public formulate its own opinions. Another issue that Donaldson eagerly addressed was the nomination of Robert Bork to the Supreme Court. Bork has a very "pinched" viewof the Constitution, and Donaldson suggested that the televised Congressional hearings showed Bork to be everything his friends and his enemies said he is. Donaldson suggested that Bork should have shaved his beard or "sounded more homey." One other issue that Donaldson addressed regarding the presidency was Reagan's knowledge of the diversion of funds from the Iran arms sale to the Nicaraguan Contras. In view of Reagan's apparent general oblivion and the growing disrespect for the office of those around him, Donaldson maintained that Reagan was telling the truth when he said he really did not know. If Reagan did know, however, and is covering up that knowledge with lies, Donaldson did not hesitate in saying that Reagan "ought to be impeached and convicted by Con- .. gress." Donaldson's well-received lecture was followed by a reception attended by the luminaries of Buffalo's political, media and university scenes, where a good time was had by all. Miceli Pat October 14, 1987 The Opinion 3 �Stanley H. Kaplan has chosen his bar review. Tg± WTg\+ lQ lldl MI«WC TOH• 1\ m W For years, Kaplan students have been asking for a bar review course with the same standards of excellence as Kaplan's other courses. After carefully investigating bar review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family of outstanding educational offerings. The academic integrity and comprehensive, well-paced structure of the SMH approach made Mr. Kaplan's A decision an easy one yours should be too! fp Preparation is now available for CaliM The Best Course Of Action. CAMPUS REPS: Deborah Morel David Freitz Leslie Gleisner Krista Hughes Greg Maxwell Michael Balconi Lamica |h^^^ Ifc^^^ feH» «1 ftF I W *' - \|| ; gj gl\ Mm %v P 1!P ' yJBBm >»i. '"^^** W"MpTl J ~ U \ II .'." ' H iWil The Opinion October 14, 1987 JH W 1 ft mmmtl m |9| Effll W SS STANLEY KAPLAN ED. CENTER 1330 Niagara Falls Blvd. Tonawanda, NY 14150 716-837-8022 4 >S t jaß ■"'■»—»""""'" v/ .v /iSw J *~ mil in ft ft \r mmmm ,iS wk wk ff M ¥vj VBw/ HfttMsW VMM !|BB J|li> W *V jf - § fornia, Colorado, Connecticut, District of Columbia, Florida, Illinois, Maine, m Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New J& Jk Mexico, New York, Pennsylvania, Rhode Island, Texas, Vermont, M and Virginia. ft ft —<* ft HI �New Professors Teach Housing, Immigration Clinics by Idelle Abrams George Hezel currently George Hezel, teaching the Housing Clinic, is focusing on poverty law from a new perspective. Litigation, the reactive side of poverty law, is the traditional approach. Hezel, on the other hand, is looking at poverty law and especially housing law from a developmental perspective. The effort to develop low income housing in Buffalo using this perspective is a "different side of lawyering," said Hezel. The typical complaint about lawyers, he said, is that lawyers argue over who gets what piece of the pie, whereas others, like engineers, expand the pie. The developmental approach Hezel is using is one response to that characterization. It involves skills not typically identified with attorneys including coalition building, planning, hunting for resources and creatively packaging resources. The challenge of this new area of poverty law, said Hezel, is to be able to marshal and develop resources and to learn how community based housing "comes about." The students in the clinic are involved in three different projects to develop low income housing in the Buffalo area. These projects are unlike the housing developments that were spurred by the urban renewal programs of the 19605. Those developments were imposed by City Hall orwere a response to state concerns. The projects now being developed are all community based developments that were initiated by indigenous community groups. St. Anne's parish at Broadway and Emsley has a solidly built four-story brick rectory that is not being used. The church invited Hezel to help them turn the rectory into something that would serve the community. Using housing trust funds, the church hopes to turn the rectory into low income housing. The Ellicott District Community Development Corporation, a community group, purchased an architecturally significant fire house and wants to turn it into low income housing. Because of the architectural value of the structure, the procedures that must be followed during the renovation increase the cost significantly. Housing trust funds are not sufficient to meet the costs, therefore private participation is necessary. The project, to be successful, must attract passive partners who will benefit by the tax advantages. Community groups in the Broadway-Fillmore area, including the Polish Community Center, are also interested in responsible community development and are working with students in the housing clinic to develop a plan for their neighborhood. Hezel himself was "born and bred" in Buffalo and grew up in the Langfield Housing Projects. The multi-ethnic, multi-racial neighborhood "was a great place to grow up," Hezel said. He left the projects when he went to Fordham University in New York City where he earned his B.A. and an M.A. in Classics. After teaching classics in Rochester for several years, he returned to Buffalo to go to law school. He began practicing with the Legal Aid Bureau Neighborhood Division, now Neighborhood Legal Services, which was then a three attorney office located in an old candy store near Bethlehem Steel. The Bureau served the First Ward in Lackawanna on a variety of legal welfare, family, problems education, and employment Mexicans, law. Magyars, Greeks, blacks, and Yemeni were some of the groups assisted by the Bureau. In 1976 Hezel was hired to set up the Buffalo office of Prison- — — ers Legal Services, which he ran until early 1979. He then went to the new central office of Neighborhood Legal Services to manage the Housing unit, assisting people confronting sheleviction, ter problems mortgage foreclosure, public housing and subsidized housing. Hezel's leave of absence from Neighborhood Legal Services is an opportunity to take a "reflective pause, to develop fruitful avenues to investigate." Hezel "fit in" the low income housing projects as time permitted when he was at NLS. Teaching the clinic allows Hezel to focus his full attention on the development side of poverty law. — Ellen Yacknin "Teaching has always been something I wanted to do," said Ellen Yacknin, so when the opportunity came to teach the Immigration Law Clinic for a year, she took it. Yacknin, now on a leave of absence, has been Managing Attorney for Prisoners Legal Services (PLS) for the past five years. The clinic position offered a chance to do something otherthan prisoners' rights law. "Prisoners' rights law can be a really frustrating experience because there's virtually no segment of society that is sympathetic to the work you do," said Yachnin. "Even lawyers," she said, "need some sort of positive reinforcement and reaffirmation of the work that they do." She criticized the development of prisoners' rights law in this country. The case law, said Yacknin, gives prisoners almost no protection. Even when prisoners are given rights, the problems with proof are "almost insurmountable." The witnesses to any rights violations would be either guards, who are state witnesses, or fellow inmates, who lack credibility. The contrast that immigration law provides is a welcome change for Yacknin. It is an area that does have some support, she said, even though the ability of aliens to stay in the country iscontrolled bythelmmigration and Naturalization Service, which has "almost undaunted and unlimited power and discretion." With the passage of the new immigration legalization laws and the new employment sanction laws, this is an especially exciting time to practice immigration law. "People are aware of immigration problems in a way they haven't been before," Yacknin said. In addition, Buffalo, situated on the Canadian border, is in a unique position to do good and important immigration work. The clinic provides a real service, she said. continued on page 9 BAR/BRI vs. PIEPER 29 Reasons why most people choose BAR/BRI 111 BAR/BRI Director Stan Chess and Associate Director Steve Rubin, both attorneys, make their home telephone numbers available to all students. The Pieper course provides no access to anyone during nonbusiness hours. For the other 28 reasons, contact your BAR/BRI representatives to/fen BAR REVIEW THE BAR REVIEW COURSE THAT CARES ABOUT YOU" October 14, 1987 The Opinion 5 �THE OPINION MAILBOX OPINION @Bm STATE UNIVERSITY OF NEW YORK AT BUFFALOSCHOOL OF LAW " — October 14, 1987 Volume 28, No. 4 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Susan J. Clerc, Donna Crumlish, Tom Gagne, Michael Kulla, John Williams. Contributors: Oliver T. Bickel, Andrew Culbertson, Molly Dwyer, Kimi King, Pat Miceli, Fredericka Sands. Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. c Composition and Design: Words and Graphics, Inc. UB's Financial System Ailing For many years the Law School has had a graduate assistant to serve as a liaison between law students and the financial aid office on Main Street. In fact, we are the only professional school with a graduate assistant serving this function. The existence of this position is a recognition that it is in the best interest of the Law School to have a "go between" person who can cut down on red tape. Bill Hart, this year's graduate assistant, has had the c ificult task of performing this role. In the process, he has found himself in the middle of an overwhelming and inefficientfinancial aid bureaucracy. His effectiveness as a service provider, therefore, has been impaired. This year's delays in the processing of student loans is a good example of the inefficiency of our financial aid system. It is true that each one of us contributes to the problem when we fail to fill out forms "correctly" and "legibly," or don't supply the required documentation on time. But it is also true that in spite of our individual efforts some of us somehow get screwed because of a malfunctioning financial aid structure. The new federally mandated "verification" of student documents and the restructuring of ÜB's computers have been cited as factors causing the delays. But delays are not necessarily caused by changes in procedures or mandated enforcement; they are created by the failure of those in charge to take preventive measures when it is anticipated, or known, that some changes will in fact take place. A financial aid bureaucracy as large and complex as ÜB's cannot, and should not, be expected to adjust to changes without experiencing some problems. It is reasonable to expect, however, that minimal steps are taken to assure adequate delivery of services to students. One such step could have been an increase in the number of financial aid staff. New computers, no matter how cost effective, could never replace the people who plan and implement the system. The element of human contact and expertise is, without question, the primary component of any efficient program. There is still timefor President Sample and the rest of the administration to take a closer look at our financial aid structure and discover that it is in immediate need of help. Obviously, the hiring of additional financial aid staff is not only a sensible solution, but one which should be given top priority. We can no longer expect four financial aid counselors to provide adequate services to more than 26,000 UB students. New Dean Will Need Student Input A new dean will be arriving at the Law School for good in January. While he has toured O'Brian Hall and spoken with faculty and administrators, Dean Filvaroff has not had an opportunity to make contact with many students. Filvaroff is clearly concerned with improving the quality of student life at this school and with making the Law School a stronger force within the university. He has set forth some of what he seems to think are primary concerns, but he needs input from the students his changes will affect. The Student Bar Association has established a Subcommittee for Developing Student Issues, headed by second-year law student Lisa Sizeland. This committee needs to know what issues are of primary concern to law students and how the new dean might go about implementing some of the ideas. Sizeland's committee will be working throughout the semester, taking suggestions from students and formulating a proposal for the incoming dean. A suggestion box is being set up in the mailroom. Any issues that you would like the new dean to address should be written down and placed in the box. Students with ideas on formulating a proposal who would like to work on the committee would be most welcome and should contact Lisa Sizeland. In order for David Filvaroff to be an effective dean, he must address issues which are of concern to students. In order to address these issues, Dean Filvaroff must know what they are. Please take a few minutes and write down your suggestions. 6 The Opinion October 14, 1987 Thuronyi Favors Contorts Ed. To The Editor: The article by Alexei Schacht in the September 30 issue merits a response because it reflects a concern that many students feel. The concern is that students may not be learning enough rules in law school. As Schacht puts it, the Contorts course was "fatally flawed" because it failed to provide "a working knowledge of a contract or tort lawyer's vocabulary, let alone knowledge of contract or tort law generally." Schacht cites as proof of this fatal flaw an instance where, as a summer associate, he had to retreat to the library to research a question involving the difference between replevin and conversion, instead of being able to furnish an answer off the cuff. Free Parking Not a Right To The Editor: This semester has seen numerous protestations against the parking policies here at Buffalo. Unfortunately, most of these have been misguided efforts at rallying students and organizations into a battleforfree parking. Reality dictates that this battle is lost before it begins. This is because the underlying premise that the students who urge this path follow is wrong. As students at the University of Buffalo and taxpaying citizens of the State of New York, we do not have a right to free parking. Like driving on any state road, driving onto a state campus is a privilege extended to us. It is not a right. Free parking is an extension of this privilege. This privilege actually takes away from the dollars available for education. Some student drivers feel thisbenefit is worth the cost, but I am one driver who believes differently. Further, there are students who cannot afford the luxury of a car and do not have to park on campus. (These students, without the luxury of driving, still make it to the "campus in Outer Slobovia.") Not only do these students get less of a benefit from their education dollar than those with cars, they also must listen to the incessant prattle of a small minority clamoring for another free lunch. These protesters should accept as their responsibility the minimal parking fee being proposed and channel their energies into making sure the fees generated go to improve the horrendous parking conditions they babble about. James McClusky Third Year Law Student Latin American Paper Increases Awareness To The Editor: By now many of you, if not all of you, have seen or read the newsletter Myth & Reality that was published last week. The newsletter was made possible through the collective efforts of professors and students. It is our hope that our readers will develop an awareness and understanding of the numerous problems that exist in Latin America and United States Latin American relations. Because we have a limited budget at this time, we would appreciate it if those students wishing to receive future editions of the newsletter would let it be known to one of the student contributors by dropping a note to this effect in our mailboxes. Myth & Reality was concep- — tualized out of a lack of knowledge of United States-Latin American relations that exists among law students. Although our first issue concentrated on human rights violations and atrocities in the region, we are not limited to this subject and future issues will delve into other problematic areas of the region. It is our hope thatfaculty, professors and students will come to appreciate our efforts in this project by requesting future editions. Sincerely, Frank Bybel Sharon Duncan Krista Hughes Daniel Ibarrondo Leslie Lubell Peter Muniz Eddie Price David Taylor SBA Plans Position Paper by Lisa Sizeland community. The Student Bar Association wants to define the issues of concern to the student body. You are being called on to set the agenda of issues for investigation and to participate in defining and refining the student If the student body is able to produce a well-prepared document, we should be able to win positions. In order to begin to improve student life and the overall quality of a UB Law School education, Dean Filvaroff must know what changes need to be made and what programs need to be continued. During the next three months, to insure that student concerns are considered, the SBA will be preparing a wellwritten and thoughtfully argued student position paper. The Dean is only beginning his acquaintance with our law school and should be very receptive to suggestions from the members of the law school his confidence and insure that student concerns and suggestions will be adequately valued in the future. The initial step is to define the issues to be addressed. Due to time limitations we must limit the scope of our ideas to a few crucial issues of significance to the entire law school student body. Suggested ideas should be submitted with your name and box number to the Issue suggestion box in the mail room or the SBA office. We strongly encourage student organizations to poll their members and assist in developing these issues. The SBA Subcommittee for Developing Student Issues The desire to learn rules and technical terms is understandable. Mastery of such items offers a sense of security, a sense that something tangible is being learned. However, mastery of technical jargon is neither necessary nor sufficient to become a good lawyer, and conveying such information is not the job of a good law school. Unquestionably, it is useful to be familiar with the general scope of various areas of the law. But knowledge of a limited number of detailed rules or technical terms is not necessary to achieve such familiarity, nor is such knowledge very useful (a careful lawyer will almost always retreat to the library, even if she thinks she knows the answer to a question). Certainly, the difference between replevin and conversion is not a basic legal principlethat every educated lawyer needs to know. Far better to have a broad understanding of the kind typically taught in courses like the one Schacht complains of. For a law school to attempt to teach students the rules that they will need to know in practice would be futile. The body of law is simply too vast. Moreover, many if not most of the rules students will be using in their professional careers do not yet exist. The proliferation of legal rules has become so great that even within a specialized practice area, lawyers complain of not being able to keep up. What a student needs is not to be crammed with information but rather to develop toolsfor processing and dealing with information to be digested in the future. A good law school course will involve the study of detailed rules to some extent. However, the main reason for doing this is not to commit the rules to memory but to develop an ability to deal with them: to understand their genesis, interpretation, role in the system, and so on. To the extent that students need to learn "black letter" law, for example, for the bar exam, they can, as intelligent adults, efficiently pick up this information by reading a hornbook or taking a bar review course. To use the law school classroom for a rote rehearsal of rules would be a misuse of resources and wouldreduce legal education to the grade school level. Victor Thuronyi Law Professor Clarification: In the first issue of The Opinion for the current semester it was reported that Wade Newhouse is "Acting Dean." He is, in fact, a full Dean and will step down from his office when David Filvaroff takes over as Dean in January. Due to an oversight this error was not corrected in the second issue of The Opinion. We apologize for any confusion this may have caused. �by Daniel Ibarrondo Res Ipsa Loquitur LoRcDkeinrmAg:CAoming ttraction While talking wilh a fellow law student over a few beers, we began to think about Dean Filvaroff's idea of converting the basement locker room into a cafeteria for the exclusive use of the law school. We thought about the idea and reasons for wanting to establish a law school cafeteria by comparing our respective college experiences. We began by observing the UB Amherst campus and the way it was planned and constructed, and compared it with the Buffalo State campus. Buff State has a student union center with the dorms located around it. The union center is used by the students to meet and interact with fellow students known or unknown. Such a situation does not exist in Amherst. We decided that UB Law School and the campus in general is caught in the middle between a real "I'm going away to college" campus and a commuter school in the middle of Manhattan. The lack of interaction in the law school, we thought, was due to the possibility that many of us work part time or have other responsibilities. Granted, most of our time is spent in the law school and possibly the library. We do need a "center" of some sort where we can get together and share experiences, dreams, search for possible future law firm partners and swap stories. Many of us do not know the students we came in with who are in other sections and many of us don't know the people we are graduating with. It would seem that in order to get the most out of our law school experience we would seek to meet as many law students as we can. In our cynical mind-frame we thought that the idea of a law school cafeteria sounded "elitist." But then again, why shouldn't we be entitled to a place of our own for interaction and conversation? We don't believe that a cafeteria for the exclusive use of the law school would isolate us from the rest of the school. In fact, it would foster communication and interaction among faculty and law students. We could "network" and learn of others interested in similar career goals. As we finished the first few of our great-tasting imported beer, Black Label, we began to think about those students who don't wish to interact. Should we dismiss them as not being fit to exist in this law school and should therefore go somewhere else? In the name of democracy such an assertion could not be made. We figured that those students who do not participate in law school functions, SBA functions and clubactivities are only cheating themselves from getting the most of this educational experience. The cafeteria would also give the school another reason for nurturing our lives as lawyers by providing better quality food in the hopes of teasing our palates with the delicacies that we'll be enjoying upon graduation. (Excuse me, upon passing the bar.) But then again, it could also lead to more conflicts, such as the parking situation, if the faculty is provided with segre- gated tables, real silverware and waiter service. Nevertheless, we entertained the idea further in the hope of searching for a reason to motivate students to interact with each other. We decided to finish our last few imported beers and switch to another imported favorite from across the border, Yukon Jack. Maybe our conversation was in vain if the proposed cafeteria plans were rejected by the Board of Trustees or never materialized at all. The effort should be made, however, given the fact that numerous attempts at achieving interaction among students have failed. We probably won't be around if the plan is acted upon, but at least we can make life easier for those first year students who will roam these halls for generations to come. As we finished our chasers of Yukon Jack and parted to our respective homes, we wished each other good luck on our moot court briefs. We thought that maybe law students don't interact as much and are always bickering because of the "men- tally perceived" competition that exists in the orofession. This would hold true at any other law school, but not UB Law. Perhaps those caught up in this frame of mind would be better off in another law school. Again, in the name of democracy, we could not allow such thoughts to foster. Maybe there are some law students who don't feel secure about themselves and feel a need to compete in a law school where stiff competition is neither nurtured nor existent. Whatever the reasons, the perceived notion of competition does not mean that students should sacrifice meeting and interacting with others. We thought that those students in this frame of mind would probably develop poor client interviewing skills. In the meantime we decided to make the quality of our lives better by reaching out of our lit- tle "cliques" and clubs and making an effort to know other law students. Maybe you should too. by John Williams SBA Briefs "Political": SBA President Searches for A Definition Where to start? I guess the beginning would be appropriate. It started approximately two months ago when Supreme Court Justice Powell opted out of his lifetime sentence of laying down the law for this country. Powell's resignation and Reagan's nomination of Judge Bork to the highest court of the land has caused a considerable amount of controversy among our SBA (officers, directors and members). This controversy revolves around whether or not SBA clubs can use their funds to stop the nomination of a federal appointment. I would like the student body to realize thatthere is no set policy or guidelines that we as a group have by which to assess whether or not this is a permissible way to spend SBA funds. Looking to the SUNY guidelines as well as our own guidelines one can see that this is a very grey area. We could not come up with a clear interpretation of whether this type of spending was within the intent of an activities fee. There are some inferences that can be drawn that clubs' funds are not supposed to be used for political activities/campaigns. According to the SUNY Board of Trustees regulations, "funds which are collected under provisions of this section which require every student to pay the prescribed mandatory fee shall be used only for support of the following programs for the benefit of the campus community: (i) programs of educational and cultural enrichment, (ii) recreational and social activities, (iii) tutorial programs, (iv) athletic programs, both intramural and intercollegiate, and (v) student publications and other media." The bottom line is whether or not the SBA can allow this type of spending. This is not a matter of the SBA telling clubs what to do with the money allocated to them by us. The search for a clear answer does not involve political ideologies, nor does it involve discriminatory hiring practices by the US Army, censorship, abortion or aid to the Contras. We are not trying to set world policy; we are just trying to run a fair, impartial operation. For those of you who think that we have no business being involved in this issue, then your vision of a unified fee is obscured. Clubs are allowed a great deal of discretion to perpetuate the intent of their charter, but like all good things that discretion has boundaries. It is our job to draw and en- force that boundary. Once we draw the line all groups will know what is or is not permissible. In my mind the person who first inquired whether or not this type of spending should be allowed has a great deal of integrity. That person was exercising his rights by asking us to come to some consistent policy. This is not an attempt on our part to flex our muscles, nor is this something John Williams dreamed up. The directors will have to come up with the guidelines to be applied for expending SBA funds in connection with political campaigns. We owe it to the student body to establish a consistent policy. by Andrew Bechard and Molly Dwyer Guild Perspectives Funding Guild's Activities Preserves Political Diversity With the October 6 vote of the Senate Judiciary Committee 9 to 5 against the appointment of Robert Bork to the U.S. Supreme Court, it slowly becomes clear that public opinion can make a difference in U.S. federal government. Even in a republic as huge and venal as the United States, something that seemed unstoppable can be stopped if enough people collectivize and make that collective voice heard. Assisted by theinformational tabling of the Buffalo Chapter of the National Lawyers Guild, over 350 petition signatures were sent to the Senate Judiciary Committee opposing Robert Bork. Between 600 and 700 letters were sent to New York State Senators Daniel Moynihan and Alphonse D'Amato opposing the Bork nomination. An additional petition of 100 signatures was sent to Alphonse D'Amato in an attempt to dissuade the Republican junior senator of New York from his seemingly automatic support of the Reagan nominee. These letters and signatures came from law students, graduate students, undergraduate students, and faculty and staff of the University of Buffalo. Charles Ewing visited our table to sign letters as did a number of other law faculty who wanted to sign and debate the finer points of the Bork nomination with Guild members. Recent debates in UB Student Bar Association meetings have been sparked by opposition to the Guild using Student Bar funds for anti-Bork tabling. Third year law student Terry Gilbride appeared at SBA meetings on September 29 and October 6 to complain that a portion of his student fee was being used to fund a tabling that he personally opposed. While Mr. Gilbride raises an important point, the National Lawyers Guild has been allocated a budget by the Student Bar Association to be spent in furtherance of Guild objectives. While Mr. Gilbride has every right to complain to the Student Bar Association, his argument is logically flawed in that the Guild has been allocated monies by a body democratically elected by all UB law students. In addition, Mr. Gilbride purports that he doesn't object to the other activities of the Guild (such as the anti-contra-aid tabling), he only objects to antiBork tabling. Mr. Gilbride argues further that "overt political acts" such as petitioning and letter writing should not be funded by the SBA fee. Once again he is logically flawed in that the activities of both the anti-contra-aid table and the anti-Bork table are the same "overt political acts," yet Mr. Gilbride will allow his student fee to go to one table and not the other simply because he agrees with one cause and not the other. In a place as diverse and pluralistic as the University of Buffalo and UB Law, tolerance of varying views is essential. In celebration of this diversity we should gladly pay our student fees so that groups as diverse as the Black Law Student Association, the Gay Law Students Organization and the Federalist Society can co-exist and further the level of debate and discourse at the University of Buffalo. We are not trying to paint Terry Gilbride and those who support his argument as intolerant; we do not wantto become party to a libel suit. The Guild simply wants to put forth the argument that SBA organizations should be allowed free access to the monies allocated to them, and that these monies should be able to be used in furtherance of the charter of each organization. Robert Bork is a threat. Mr. Bork is a threat to minority rights, women's rights, gay rights, the labor movement and the environment. The Guild would not be fulfilling the dictates of our organizational constitution if we did not oppose the Bork nomination in all capacities. We want to thank all Guild members who volunteered their time to table on this important issue ofAmerican legal culture. We also want to thank those citizens who made their voices heard on this issue. Writing a letter to your congressman is an extremely empowering act voicing your opinion and acting onthatopinion is what participatory democracy is all about. — We hope that those of you who gave support on the Bork issue will continue to make your opinion known until the final Senate floor vote takes place. We also hope that you will visit the anti-contra-aid table to oppose the Reagan administration's attempt to sabotage the Arias peace plan for Central America with $270 million dollars of additional contra aid. Those of you who want to become involved with Guild activities should look for posters announcing the next Guild meeting or visit the Guild office at O'Brian Hall, room 118. October 14, 1987 The Opinion 7 �The S.B.A. Treasurer Reports v* Thought you couldn't compete in national or regional Moot Court Competitions because you aren't on the Moot Court Board? by Kimi King Elections As of Monday, October 5 there is an opening for the position of SBASecretary due to the resignation of Michael Kulla. All persons interested (first years included) should pick up a petition outside the SBA door (Rm. 101). You will need 60 signa- NOT TRUE. All national and regional competitions are open to all second and third year law students. Although Board members have first pick of the competitions, all students are invited to compete. LISTED BELOW ARE THE COMPETITIONS AND THEIR REGISTRATION DEADLINES. tures. Petitions are due Tuesday, October 20 at 5 p.m. in the SBA office. Statements for The Opinion are due by 5 p.m. Tuesday. Elections will be held October 28 and 29 (Wednesday and Thursday). If you have any questions please stop by the SBA office. Appointments Committee It's that time of the year again SBA will be holding interviews on October 27 (6-11 If any competition remains unclaimed by a Board member two weeks prior to the registration deadline date, any non-Board member may compete. Please do not hesitate to contact Julie Freudenheim if you are intersted in any of the competitions: Box #707 or leave message at 636-6037. (Partial funding may be available for registration fees.) 1. POLSKY CRIMINAL PROCEDURE COMPETITION Registration Deadline: October 16. 1987 .. 2. AMERICAN INTELLECTUAL PROPERTY LAW COMPETITION Registration Deadline: January 31. 1988 3. . p.m.) and October 28 (5-10 p.m.) for student committee positions. There is a sign-up sheet outside the SBA, office door (Rm. 101). You must sign up by Friday, October 24. Appointments for interviews will be assigned by Monday, October 26 and posted on the SBA bulletin board. Come prepared to talk about why you are interested, your experience, ideas and other thoughts on the committee you are interested in. Appointments will vary from 5-15 minutes per candidate so be prepared! Treasury Notes As of last week there are still a number of student organizations which have not yet met with me to discuss the voucher "The increase in social science emphasis and the increase in critical emphasis are aspects of the last few years that we have seen flourish." Professor Hyman asserts that the Legal Methods program, a program with which he has been involved from its inception, has been "the most significant change in the law school in the past 15 years." 4. ADMINISTRATIVE LAW MOOT COURT COMPETITION Registration Deadline: November 16. 1987 5. NATIONAL APPELLATE ADVOCACY COMPETITION Registration Deadline: November 30. 1987 6. KAUFMAN SECURITIES LAW COMPETITION Registration Deadline: November 13. 1987 * Additional information (dates, locations, requirements) available upon request. i The Legal Methods program came about in the early 19705, a time when there was a general movement among law schools to start this type of program. "The initiative was there was a sigvery strong nificant minority under-representation in the bar which was very widely criticized." The program was designed as a chance to give education- .. f ■ (] |H 'J» |\ wk £)B m f ak ''jM A m 4 \ M Ik ' '^ ' ' - How to get the Card before graduation. / College is the first sign ofsuccess. Andbecause we believe in your potential, we've made it easier to get the American Express Card right now. You can qualify even before you graduatewith our special student offers. For details, look for applications on campus. Or justcall 1-800-THE-CARD, and ask for a student application. American Express Card. M Don l he!ive Sch ol Without Ir W/i i m I '^ Wp&m / ■"• / / The American Express* Card can get you virtually everythingfrom a TV to a T-shirt. Or a tuxedo. rom J sa t0 a an( during college and after, it's the perfect way to pay for just about anything you'll want. I J| JweKeJm CENTER FOR PUBLIC INTEREST LAW MOOT COURT PHI ALPHA DELTA INTERNATIONAL LAW SOCIETY LATIN AMERICAN LAW STUDENTS ASSOC. ASIAN LAW STUDENTS ASSOC. There will be one more chance for you to find out how the procedures have changed. After that you are on your own! To the rest of you, don't forget that you have by-law 13 compliances you need to be thinking about. Keep checking your mailbox (3rd floor, XEROX room) for more new information. from page I HowtobuyjTY <1 ■t* ■H process: Professor Hyman INVITATIONAL EVIDENCE COMPETITION Registration Deadline: November 6. 1987 PRINCE ° I ... ally disadvantaged students the extra help they needed to get into and through law school. The program started out as a summer course which the students were required to pass in order to eliminate that course from their fall schedule and lighten their course load. Professor Hyman taught Torts to Legal Methods students during the summers of the early years of the program. During these years, the Legal Methods students were given a stipend to replace any income they would have normally earned over the summer. As funds dried up the program was changed to incorporate Legal Methods study during the normal school year. Presently Professor Hyman teaches Landlord/Tenant lawto Legal Methods students. The program has undergone many changes and along the way "there were always problems, there were always dissatisfactions expressed. Some students [who were] not in the program felt they should be. In the earlier years the students in the Legal Methods program were all in one section, and this led to somewhat invidious identification." Later the students were divided among the three sections, "which seemed to have alleviated that problem." Legal Methods was a positive addition to the Law School and despite problems "the ongoing commitment to the program has been very strong." These words can be used to describe Professor Hyman himself. His ongoing commitment to the Law School has been very strong and he indeed was a positive addition. Professor Hyman currently teaches Section One Torts and Legal Methods. g 189 K€NMOfl€ AY€. I 8 The Opinion October 14, 1987 BUFFfIIO, NY 14223 835-5587 �Financial Aid from page 2 Clearly, ÜB's financial aid bureaucracy needs a lot of help, primarily in the area of staffing. As suggested by Hart himself, "A lot of the present problems could be alleviated by having a larger financial aid staff on Main Street." Obviously, this is where the real problem lies. There are only seven professional people on Main Street servicing over 26,000 students at ÜB. President Sample should look into this problem. Also, we should all accept the fact that we are individually responsible for seeing that our files are complete. Such individual effort would not be so burdensome if we view it as a way of looking after our own best interests. This year the fund amounted to about $2,500, with individual loans restricted to $50 during the first three weeks of school. When the emergencyfund runs out, "we try to work something out with the Dean we try to help as many people as we can and we try to give them as funds are just not there," Hart indicated. When asked how he feels about some of the criticism he has received from students as a result of the delays, Hart said he has received "mixed reviews." A lot of people, he added, "have been very happy and others have been upset. The vast majority of the people who have gotten upset are those who did not fill out the form right." .. . New Professors from page 5 because there are many immigrants in the region and few im- community migration lawyers in town. For Yacknin, working on im- migration cases with students is "a learning experience for me as much as for them." She has represented some prisoners in immigration matters and has a long-standing interest in Central America, but she acknowledges she"does not have much background in immigration law." The clinical program at Cornell University, where Yacknin went to law school, was different than ÜB's. At Cornell, if you had taken a clinic in your junior year, you could become a trial student attorney for your third year. Student attorneys were responsible for a full caseload and supervised second-year students as well. The clinic was "basically a legal services type poor clinic representing people" said Yacknin, though it was not connected with any based organization, as the UB clinics are. After law school, Yacknin was with Pennsylvania Legal Services Center in Harrisburg, where she worked with welfare rights organizations on various legislative issues. The job of pro se clerk for the U,S. District Court for the Western District of New York brought Yacknin to Buffalo. After a two year clerkship with Judge Curtin, Yacknin began workng for Prisoners' Legal Services. Inquiries into all areas of etiquette will be cheerfully answered by Miss Social Procedure. Address your questions to Fiona Smythe-Horch, c/o The Opinion, Room 724. Miss Social Procedure Dear Miss Social Procedure, An acquaintance and I were having a conversation in the ladies room when a loud noise emanated from one of the stalls. We stood awkwardly, eyes locked in anticipated mirth. Please advise me as to proper behavior in such a case. Dear Gentle Reader, Oh! If only this were a more tasteful institution! Some consider the function of a powder room attendant to be that of overseeing minor clothing repairs and distributing clean towels, when it is actually the regulation of proper bathroom etiquette. At a more tasteful university one could simply glance at the attendant and confidently mimic a rather grave frown or rollicking hilarity. Things being what they are, we not only must ignore sagging hems and risk bubonic plague from the common towel, but we are left asea in the area of behavior. You may think that yearning for an attendant reflects an outdated cast of mind but I have found the term "modern manners" to be synonymous with no manners at all, which explains the great dilemma of modern society—is it proper to divulge a person's name to the health department if one hasn't been properly introduced? As law students we look to the past for solutions. I am reminded of a wonderful incident in the life of Elizabeth I who, while riding through the royal forest, emitted just the sound we are discussing. Feeling, no doubt, that she must atone for years of rudeness during her father's reign, she uttered a polite "excuse me." Fiona Smythe-Horch "Oh, Madam," her equerry replied, "had you not excused yourself, I would have assumed it was your horse." Here is an opportunity to transform old manners into new. You can be reasonably certain there isn't a horse in the ladies room but air conditioning systems are often overloud. I have read of M. Pujol, a 19thcentury French music hall personage. Known as Le Petomaine, his emanations made his fortune as he imitated many sounds and blew out candles. Truly an ephemeral art. When M. Pujol entertained on a street corner to attract customers to a friend's pastry stand, he not only drew a crowd but violated his exclusive contract with the Moulin Rouge. I've often wondered why his case never joined the ranks of hairy palms, chapati pans, railroad scales and amusement rides. Perhaps French law is to law as French hospitality is to hospitality. Generally, the unspeakable remains unmentioned but you raise issues which can be applied to more palatable topics. When analyzing an etiquette problem we must first consider whether any party behaved inappropriately. I think not. If there is an acceptable location for such noises, this is it and though the bathroom will never replace the drawing room, we have all participated in interesting and instructive exchanges over the sinks. Next we determine whether either party has been violated. Did the noise interrupt your conversation? Did you infringe on her privacy by being there to hear? No indeed, we all lower our expectations upon entering a public facility. This appears to be a no-fault embarrassment which requires that the person who will be least embarrassed consider the needs of the other. Those who overhear any sounds not intended specifically for their ears should leave the area as inconspicuously as possible so the noisemaker will never know she's been overheard. Under no circumstances should you demand that she hitch her horse outside. Dear Miss Social Procedure, I would like to engage your services for intensive instruction for several acquaintances. Do you offer holiday gift certificates? Gentle Reader, Indeed I do. You can present your rude friends with instructions in specific areas or a general package. I am highly qualified in table manners, introductions, posture, conversational kindness, dating etiquette, appropriate apparel, and extricating oneself from disagreeable situations. For advanced students I offer graduate courses in withering looks, hollow laughs, degrading responses, subtle snubbing, and eyebrow raising. My remedial sessions are very popular but time consuming as they require the unlearning of bad habits. Early in my career I attempted to utilize a positive reinforcement system which failed dismally because rude people aren't as bright as collies. I now employ attractive choke collars and painful harnesses. Difficult work, yet strangely satisfying .. BAR/BRI vs. PIEPER 29 Reasons why most people choose BAR/BRI "e^ BAR/BRI has more than 35 Mew York attorneys available to work with you from the time the bar review begins through the exam. The Pieper course relies on one attorney. n H. For the other 28 reasons, contact your BAR/BRI representatives BAR REVIEW THE BAR REVIEW COURSE THAT CARES ABOUT YOU October 14, 1987 The Opinion 9 �TllCll REGISTRATION MUST 11/15/87 I "*->N§M«- c eP er C° urse Includes: ft Complete lecture series . fefly writing ■■ g H| IUI ■■II :! tJt Multistate Practice and Exam iV Multistate Professional U YlYCPlillilli' UlibUUfll Law student's discount of $125 will be deducted from the cost of $950 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 15, 1987. I I I I I I Responsibility Exam I Multistate Volume I New York Law Volume I Professional Responsibility I "" CPPPIBT lIaIUI Jr "W iIUS «/O/7/7 iWpeA* »9 111-\jl(loo PIEPER NEW YORK-MULTISTATE RAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 f5/6> 747-4311 Tfce Bar Course That Cares. I f^iii/inrwn UUIUUnLc For more information see your Pieper Representatives or contact: Telephone: I I I I I ■■■■■■■■■mBII 10 The Opinion October 14, 1987 �The Kavinoky: A Source of Excellent Local Productions by Krista Hughes Tom Stoppard's Enter A Free Man, which runs at D'Youville College's Kavinoky Theater until October 18, is billed as "a heartwarming comedy." But while the action and dialogue are often comedic, the essential storyline is at times heartbreak- ingly tragic. There are at least two levels on which to view this play. Allegorically it can be seen as describing the declining condition of Britain. On the surface the play is about a small-time inventor named George Riley who sees himself and his inventions as receiving no respect from his wife and teen-age daughter. In frustration he leaves them. The first act of the play opens both at Riley's home and at the Butcher's Arms Public House. While George's wife and daughter are discussing his departure and inevitable return, George is, on the same stage, entering the pub as conquering hero and announcing himself: "Enter a free man!" This placing of two settings and two dialogues on the same small stage and at the same time threatens to be confusing, but it is not. From that point on, the Riley home and the corner pub are allowed to be viewed separately. George's entrance into the pub is almost kingly, and he allows each of his "subjects" to pay homage to him. It does not become clear until near theend of the play that to his "subjects," like the emperor in "The Emperor's New Clothes" rather than a heroic monarch. One of George Riley's first acts upon declaring his freedom is to relinquish it. Riley, played by Irish actor Chris O'Neill, has perfected what he feels is a revolutionary invention— an envelope with glue on both sides of the flap. It may be used once, turned inside-out by the recipient and then used again. A patron at the bar plays at perpetuating the myth of new George-the-Emperor's clothesand lauds the invention, offering to be George's partner in its manufacture. After years of failure as an inventor, George is swept away by this chance at success and by the idea of having a partner, something he has always wanted. Hefailsto realizethatthesupport he should be given by a fllllllllllllllllllllllllllllllllllilllllllllllll • " • p • S • PROFESSIONAL TYPESETTING OFFSET PRINTING FAST SERVICE COMPETITIVE PRICING business partner has been given to him all his married life by his ridiculously domestic wife. She has had faith in his ability as an inventor even though he has made no money at it, and she had even encouraged him to give up a "safe" job in order to devote all of his time to inventing. Names are an important element throughout the play, and it is not surprising that George Riley's wife is named Constance. She has been the one steady, patient and faithful person in his life, and her constant neatening of their house is symbolic of her attempts to keep their lives neatened. George does all of his "professional" inventing at home, but outside of the home he engages in recreational inventing by creating a fantasy world in which names are a key part. George tells his fellow pubgoers that his wife's name is Persephone, and he calls her that because he had never known anyone with that name and always thought he should. In Greek mythology, Persephone is kidnapped by Hades, king of the underworld, and her loss to theearth causes the eter- nal, idyllic summertime to cease and winter to prevail. When Zeus intervenes. Hades allows his queen to return to earth for six months out of the year, during which time spring and summer are restored. Persephone, then, represents hope and rebirth. George Riley attempts to transpose these qualities onto his wife and therefore into his life by transposing the goddess' name onto Constance. George also invents names for the people he meets in the pub. The barman, whose name is Victor, becomes "Carmen" to George, and a young sailor named Richard is "Able" for "able seaman." By inventing personas for the people in the bar, George is assuring himself a degree of control over them. As long as they remain his inventions, George's fantasy remains intact. Unfortunately, George always seems to overlook the "flaw in the ointment" of all of his inventions. Among his friends, the flaw is that they already have their own names and their own lives outside of the ones he gives them. They shatter his fantasy when they tell him their real names. One person to whom George does not assign a name is Harry, the man who offers to become George's partner. Harry never even reveals his surname, and thus it becomes even more pitiable when George forms his reality around this supposed partnership, and when Harry symbolically inGeorge-the-Emperor forms that he is naked by tearing and crumpling George's reusable envelope and laughing in the inventor's face. While George does return home, thus reuniting the family, he is conquered. Constance never even believed that he would pursue success with his invention and stay away. She has lost faith in her husband, and he in himself. He has given up and agrees to try and find himself a "safe" job. His loss of faith in himself has to be one of the most tragic examples of the human experience. Chris O'Neill as George Riley is engaging and witty. He has already shown himself capable of carrying an entire play with last season's Frankly Speaking, O'Neill's own one-man show which was amusing, honest, human and ultimately heartrendering. The rest of the performances, from Eileen Dugan as George's cheeky but pragmatic daughter Linda, Anne Gayley as Constance, and Steven Cooper as Harry, among others, were equally satisfying and believable. D'Youville College's Kavinoky Theater is an ideal place to see a play. It is intimate, with only 300 seats, yet it is an excellent source of professional theatrical productions, with talent from the Buffalo area and all over the country, notto mention Ireland and Great Britain. After Enter A Free Man finishes its run, the Kavinoky will present How The Other Half Loves, November sthrough December 6; More Frankly Speaking— stories of Frank O'Connor adapted for the stage by Chris O'Neill, December 8-13 and December 15-20; Juno and the Paycock —Sean O'Casey's play about Ireland's Civil War of 1922, February 4 through March 6; and a yet to be announced Western New York premiere beginning April 7. Tickets are $10 and $12, and group rates are available. BAR/BRI vs. PIEPER BAR/BRI, in the summer of 1987, prepared more than 3700 students for the New York bar exam. The Pieper course prepared approximately 1700 students. U • MANY DIFFERENT mj, £ S TYPESTYLES & PAPERS • SAMPLES RESUME AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! ~aM 3171 Main Street (Main S. of wtnspeaO Buffalo. NY 835-0100 1676 Nia. Falls Blvd. (across from K-Mart) Tonawanda, NY Luiiiiiiiiiiiiiiiililiiiiiiiii to/fen BAR REVIEW NEW YORK'S LARGEST AND MOST PERSONALIZED BAR REVIEW October 14, 1987 The Opinion 11 �FALL SEMESTER DISCOUNT ATTENTION: CLASSES OF 1988,1989 & 1990 SAVE $150 When you register early for BAR/BRl's 1988, 1989 or 1990 New York, New Jersey, Massachusetts, Connecticut, New Hampshire, Maine or Vermont Bar Review. You get the nation's largest and most personalized bar review and you save $150 off the current price. ( $ ) (bwbn BAR REVIEW The Bar Review Tteit Cares About YOU.™ / / I 12 The Opinion October 14, 1987 \ OCTOBER 22ND / 415 Seventh Avenue, Suite 62 New York, N.Y. 10001 (212) 594-3696 (201) 623-3363 The last day to save $150 is: * <k ) / \ J 160 Commonwealth Avenue Boston, Mass. 02116 (617) 437-1171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-10-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/14/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8c4b35da88166c347d11e222220cb7d2.pdf 319322472317f03ef83988f8354e358b PDF Text Text O THE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 3 September 30, 1987 UB Law School Centennial is a Big Success; Weekend Kicks OffYear-Long Celebration by John Bonazzi UB Law School recently kicked off its celebration of the lOOth anniversary of the law school last weekend with three events for law school alumni and students alike. They deliberately placed the formal announcement of the weekend on the dean's letterhead, as opposed to a xeroxed copy, and placed an announcement in each student's mailbox. An informal cocktail reception was held in the lobby of the Ellicott Square Building at 295 Main St., in which the law school formerly was housed. This event was attended by 400 people who were entertained by a rock band comprised of UB faculty and former students, while munching on hors d'oeuvres and sipping wine. All involved felt that the night was enjoyable and the entertainment even more so. The next morning, the Centennial Committee sponsored an academic symposium held in the Moot Court Room in O'Brian Hall entitled "Legal Education for a Changing Legal Symposium," featuring Bay- less Manning, former dean of the Stanford Law School, and a panel comprised of the following former UB Law faculty members: Joan Hollinger, George Priest, John H. Schlegel, and Marc Galanter. The discussion that followed was quite interesting and touched various subjects relative to the future of law such as 5,000-partner megafirms and the ethical issues facing attorneys involved in surrogate mother cases. The centennial weekend was capped by the main event, an expensive dinner dance set in the historic Connecticut Street Armory. This $45-per-person event featured as guest speaker the Honorable Sol Wachtler, chief judge of the New York Court of Appeals. Edwin F. Jaeckle, a distinguished alumnus, also spoke about what it was like to attend law school "way back then." According to Jaeckle, "tuition in 1915 was $50, and I earned $8 per week." As he said, "We've come a long way, baby." There was a degree of controversy associated with this weekend, however. Some students felt that the weekend was overly exclusive, having the effect of denying students the opportunity to participate. They further felt that there was inadequate notice provided and not enough consideration given to students. In response, Dean Alan Carrel and Ms. llene Fleischmann, director of the Law Alumni Association, stated that students were a strong consideration in the centennial celebration, and were not intended to be excluded. In fact, they stressed that much effort went into trying to include them. They further stressed that only one event had an admission price attached to it. While the dinner dance was $45 per person, it was costly to put on and was subsidized to an extent by the law school. There were two other events, both of which cost nothing to attend. Also, this was simply the kickoff of the year-long centennial celebration, and other events are Dean Carrel and Ms. Fleischmann reiterated that the centennial celebration is a yearlong thing, and invite ideas from students regarding future events. Any person or group with such ideas is urged to con- planned. tact them. Rifkin, Social Critic, Will Speak at UB by Doug Hoffer Next week the university community will have an opportunity to hear and speak with Jeremy Rifkin, one of our most provocative and thoughtful social critics. Rifkin is president of the on Economic Foundation Trends in Washington, D.C., and is internationally known for his critical opposition to aspects of the emerging genetic engineering revolution. He will be on campus Wednesday, Oct. 7 for a one-day interdisciplinary residency. He will conduct two seminars, at 1 and 3 p.m., in the Senate Chambers in Talbert Hall, and speak at the University Convocation in the Katharine Cornell Theatre at 7 p.m. These events are free, open to all and co-sponsored by the S.A., G.S.A, and various departments, including the Law School. He is a dynamic speaker who actively engages the audience and challenges us to rethink our world views. Jeremy Rifkin has authored nine books, including Declaration ofa Heretic, a philosophical and social critique of Western science; Algeny, a critique of Darwinism and genetic engineering; and Entropy: A New World View, an analysis of the relationship between the first two laws of thermodynamics and economic, political and social development. Also, The Emerging Order, an exploration of the current Chris- tian evangelical revival and its culture and politics; The North Will Rise Again, an analysis of the confrontation among labor unions, local and state governments, banks and corporations for control of the vast pool of pension capital; and, most recently, Time Wars: The Primary Conflict in Human History. impact on American For those unfamiliar with Rifkin's work, the following excerpt from a recent seminar paper will provide a brief overview of some of the issues he SBA Director FIRST-YEAR H-^ jKCSUIIS DIRECTORS Vot **Vanessa Bliss Billßee '.'.'. '.'.'. '.'.'. Martin Coleman Anne Doebler *Kathleen Doyle Asalyn Dußois Peter Farrell *lan Fitzpatrick *lvan Khoury David Luciano Troy Oechsner *Christopher Reo Ginger Schroder Judi Zirin 65 74 47 42 53 47 40 73 53 42 39 55 17 49 .. 27 47 69 55 65 74 81 62 "The Age of Pyrotechnology is winding down, its capital nearly spent. Although we may prolong the final act by exploiting all but the hardest to reach natural resources, it seems inevitable that a transition from fossil fuels be undertaken. We are entering a new epoch in human history, the Age of Biol- ogy" Jeremy Rifkin believes that we have a unique opportunity to address some fundamental questions about the wisdom and usefulness of this new paradigm. Some of his concerns go beyond the ability of the government to monitor and control this technology to larger questions about the philosophy of science. The supposed 'objective truth' that reductionist science discovers masks a world view predicated on power and the manipulation of nature in the interests of 'efficiency' and profit. While not denying some of the benefits of modern science, Rifkin asks that we pay closer attention to the costs. The majority of the scientific community dismisses Rifkin as simplistic and anti-science. Basic researchers view science as value-free, and applied researchers see technology as the only hope for continued im- Inside Votes Votes addresses: continued on page 1 THIRD-YEAR DIRECTORS SECOND-YEAR DIRECTORS Ewan Anderson John Bonazzi *Susan Machelor *Awilda Matias *Kelly Omel *David Quinn *Lisa Sizeland *Gregory Vinal John Williams, SBA president, felt that one invitation given just days before the events, the cost of the dance, and the lack of any student representatives in the planning process indicate that students were not the primary consideration in the planning of the centennial celebration. *Andrew Bechard Taryn Chapman Bill Cummings J. Claude Dugue *Molly Dwyer *Krista Hughes *Chuck Johnson Larry Lane *Bob Mcßride *Jim McCluskey ....... 70 15 17 13 42 47 26 20 25 22 ... More on the Bork Battle 2 Reslpsa Loquitur 9 Take Two 9 Miss Social Procedure 10 Missing 13 �BORK NOMINATION - Pro and Con Debate Bork in the Mainstream-Abortion Decision Should Go by Thomas L. Jipping As the brouhaha over Judge Robert Bork's nomination to be an associate justice of the U.S. Supreme Court continues, the abortion controversy comes repeatedly to the fore. Judge Bork has criticized Roe v. Wade, the 1973 Supreme Court decision mandating a national policy of abortion on demand throughout pregnancy. Judge Bork's opponents, however, do not debate this point of Roe's legitimacy with him; all they want to know is whether he would vote to overrule it. This tactic alone highlights the liberals' strategy of trying to implement a social/political agenda through judicial fiat. The full extent of the strategy to judicially implement permissiveabortion in this country has only recently come to light. Norma McCorvey, the "Jane Roe" plaintiff in Roe, now admits the pregnancy she sought to terminate at the beginning of that litigation was not the result of gang-rape, as she then claimed (see Time, 9-21-87, p. 15). The case was manufactured from day one. The strategy then continues with a bait-and-switch. Get the court to deliver a thoroughly erroneous, unprincipled decision which makes a mockery of constitutional law but at least provides the result you want, then scream "respect for precedent and the rule of law" to keep it in place. Roe is not constitutional trash solely because it mandated abortion on demand. In fact, many who support permissive abortion as a matter of social policy have roundly thrashed Roe as an illegitimate move by the Supreme Court. Judge Bork has said that Roe is "an unconstitutional decision." His position on abortion itself is unknown; pro-life leaders themselves remain skeptical on this question. John Ely, dean of the Stanford Law School, has written that Roe "is not constitutional law and shows almost no obligation to try to be." Ely openly favors Roe's result —permissive abortion as a policy matter, but rejects Roe itself. Since 1973, more than 100articles have appeared in the law — Bork Is An Unfit Conservative Activist by John Bonazzi In nominating Robert Bork to be a justice of the Supreme Court, Ronald Reagan may finally have devised a way of forcing his primitive, overly conservative social agenda down our throats. It had looked as if the old goat would be out of office before he'd have the opportunity to inflict this damage, but now we are faced with the reality that only an unlikely senate vote can preventthiscalamityfrom striking our great nation. I say calamity not because my limited vocabulary prevents me from using a more subtle term, but because it is the word that best describes what's in store for us should this racist ascend to the nation's judicial throne. Actually, I can think of a few more words, but decorum prevents me from using them in this, the law school family newspaper. Unless you have been milking cows in the more uncivilized parts of the world, like, say, Alabama, you must be at least casually acquainted withBork's record. And that record concerns me. Oh, it's not just that he hates the people in our society he feels are undeserving of any women rights like and blacks, for instance it's also that he seems to deplore something much more fundamental: this nation's respectfortheconstitutional process and for fair and unbiased judicial reason- — — ing. First, let me respond to the conservative position that Robert Bork is not really against individual freedom or privacy or women or all the other things he has us so worried about. He is, they tell us, simply opposed to law that is judge-made. So, Bork is not against the freedom of married persons to use contraceptives, just opposed to supporting that freedom when no one can find it expressed in the Constitution. Well, I don't recall the Constitution expressly stating that we have the right to educate our children in the type of school we choose, public or private. But we do. And it doesn't say anything about nuclear bombs or computers or star wars, either. The point is that the Constitution speaks of central, enduring themes and rights. Our forefathers didn't intend for us to prohibit technological or social progress so that we could always apply the written words of theConstitution to every conceivable issue. They obviously meant for us to decide new issues and problems based on the meaning of that remarkable document. When it is reasonably and fairly interpreted to apply to our modern day, the Constitution serves its purpose, and then some. Therefore, when Bork gawks about interpreting the law but not making it, he is simply saying that he wishes to force his personal agenda on our country because to refuse to expand upon the Constitution, as is required in our increasingly com- plex society, is to deny rights to those in need the very es- — sence of the conservative political agenda. Which brings me to the second point. I have been reading with great disgust the conservative slop that Bork is for judicial restraint; i.e., judges should not make law, they should just interpret it. Conservatives should stop telling this big lie. The truth is that Bork, far from being for judicial restraint, is a judicial activist. However, he is a different type of judicial activist. He is not into granting mental patients and prisoners their rights, or desegregating the schools; instead, he is a conservative activist, the worst kind. He will do nothing forthe disadvantaged, for the oppressed, for minoritiesorwomen. No, he will set his racist, sexist, upperclass snotty sights on expanding upon the vision of a conservative society dedicated to white wealthy people and economic efficiency at the expense of great social and environmental needs. Such an activist we do not need. Lastly, where is this man's integrity? Bork has a record that he has spent 25 years building, but seems to wish it would all go away. I can understand that. If I said or wrote some of the things he has, I'd be embarrassed too. But you can't do that, Bob. Nope. You must instead try to defend them, and explain to the nation why you think the way you do about issues such as women's rights, executive privilege, and affirmative action. Somebody forgot to tell him that. The spectacle of Bork sitting in that chair day after xlay changing his stance on every issue under the sun was stunning, to say the least. When you say in a speech that constitutional precedent is not important (!) and then claim at your confirmation hearing that you were only kidding, that certain precedents are "so woven into the fabric of our system that to change them would be unthinkable," you must see that people are going to wonder, Bob. And wonder we do. You're not being straight with us, Bob. You don't consider anything in that old document to be sacred; all you want is to force on this country that nauseating conservative agenda that President Alzheimer, even at the height of his power, couldn't impose on us. Bork is a judicial activist with a different vision of America than the one you and I have. This is a man who decided, in a case involving a Virginia company's policy requiring women who sought employment to undergo sterilization, that such a policy was the right one. According to Bork, at least the women had a choice. Some choice. It is up to all of us to fight this nomination. Please send letters to your representatives, as well as donations to groups opposed to Bork. Together, we can stop this creep. journals devoted to substantive criticism of Roe. This does not count chapters, books, or other scholarship accomplishing the same thing in whole or in part. This avalanche has devastated Roe's historical, medical, legal, and policy underpinnings. Roe's supporters, rather than defending it, are left "rewriting" it (a la Professor Regan) or "repackaging" it (a la Professor Chereminsky). Bork, the conservative, says Roe is "unconstitutional." Ely, the liberal, says Roe "is not constitutional." Who's the radical, Senator Kennedy? In his opposition to Roe, Judge Bork is in an enormous company spanning the political horizon. Would he vote to overrule this decision? The answer is far from clear, as Judge Bork demonstrated in the first day of his confirmation testimony on September 15. Nevertheless, the Supreme Court has overruled substantive constitutional decisions, on the average, once every other twice as often as we year elect presidents. Correcting constitutional mistakes by overruling precedent was a preferred tactic of the Warren Court and championed by liberal Justice William Douglas. Who's the radical. Senator Kennedy? — The liberals going after Judge Bork during this confirmation circus could not be more hypocritical. If legal abortion on demand has a place in this country, it should not be mandated by an unconstitutional Supreme Court decision. Liberals seeking to maintain the policy by a sudden professed devotion to precedent, yelping "we got it, so we gotta keep it" not only belie their former penchant for sweeping aside undesirable constitutional decisions, but trash the rule of law in the process. In his criticism of Roe as a faulty decision with no constitutional justification, Judge Bork is in the mainstream. Thomas L. Jipping, J.D., is a Political Science GraduateStudent. Newsletter on Latin America Will Discuss Human Rights by Daniel Ibarrondo It is a sad state of affairs when a dichotomy exists where citi- zens of the United States have tons of information banks, newspapers, magazines and media programs and yet we are not aware of what happens close to home at our borders. So many Americans, as evidenced by the numerous polls taken by the news media, do not know who the Sandinistas or the contras are. Neither do they know which side of the Nicaraguan turmoil we support. Perhaps this is the paradigm of democracy. What makes this situation even more dramatic is the number of graduate and law students who are not aware of these concerns. The situation in Central America, South America and the Caribbean should be of importance to us because our own lives here are affected by the 2 stability of this region. As law students and potential lawyers, we are, or should be, concerned with the application and violations, where they exist, of our laws. Total disregard for the Boland Amendment and other laws which were formulated with the intention of streamlining our involvement in this troubled region should not be taken lightly by legal scholars and practitioners. Whether we agree with the law or not, it was passed with our consent or non-consent and should be respected as such. There are processes within the congressional law-making process in which citizens can make their voices heard. There are liberals who don't agree with the construction of certain laws and the same situation exists with those of conservative views. Yet, disregard and violation of laws by either camp The Opinion September 30, 1987 should not be taken lightly. If, as law students, we are not concerned with the application or non-application of our laws that relate to Latin America, we should at least be concerned with the direction of ourforeign policy towards this region. Latin America, in foreign policy terms, has been a region of low priority. We have not developed a Marshall Plan towards this region and we find out about its political problemsonly when situations erupt. In essence, our foreign policy towards Latin America is myopic and short address issues of concern in Latin America. The newsletter, which will be published biweekly beginning October 5, will attempt to not only tackle these issues butalso to present an alternative viewpoint. media, Mainstream the group members felt, presented a myopic and short-term manner of reporting. The newsletter, appropriately named "Myth & Reality: Latin America," will compare the facts of the region with current mainstream reporting. THE PASSWORD: term. In order to fill the gap that exists among law students in the knowledge and awareness of this region, various students from Professors Thuronyi and Blum's respective seminar courses met and discussed these issues. The positive result of this meeting is the publication of a newsletter that would Seventh Avenue, Suite 62 New York. New York 10001 415 (212)594-3696 (201)623-3363 �Georgetown Hosts Public Interest Law Conference Law students from across the country are preparing for their second annual national public interest law conference in Washington, D.C. The conference will be held October 9-11 at Georgetown University Law Center. The students are gathering to discuss efforts on their campuses to promote and fund public service work, and to meet with leadersfrom the public interest community. According to the National Association for Public Interest Law (NAPIL), the national office of the student public interest groups, attendees will participate in discussions on the vitality of pro bono publico, public interest employment opportunities, the nomination of Judge Robert Bork to the Supreme Court, loan forgiveness, gay and lesbian civil rights, and student-run public interest grant programs. The executive directors of the Alliance for Justice, the Democracy Project, Trial Lawyers for Public Justice, Washington Legal Foundation, U.S. Public Interest Research Group and the Women's Legal Defense Fund will join representatives from Hogan & Hartson, Dunlap Law Offices, CUNY Law School, and the Senate Judiciary Committee in addressing the students. According to Michael Caudell-Feagan, executive director of NAPIL, "Students are concerned about the inadequate provision of legal services to many members of our society. The conference provides a forum for them to come together and design their own solutions to this problem." At last year's conference, students set a three-prong agenda including expanded studentfunded grant programs for work in the public interest, improved placement resources, and heightened advocacy for loan forgiveness programs. According to Nancy Krop, NAPIL's president and a student at U.C. Davis, "Our success in addressing these goals only underscores our conviction to redouble our efforts." Since the last conference, students at 35 law schools raised over $550,000 from their fellow students and recent graduates through 1 percent You'll get first hand experience in the courtroom right from the start. In three years, you could handle more than 3,000 cases in a wide variety of subjects from international to con- i WW tracts to criminal law. _ — tithes. The funding was used to provide over 300 summer grants and full-yearfellowships in the public interest. Students at UCLA alone pledged over $30,000 in their first on-campus fund-raising drive. Working with NAPIL, students also developed new resources to assist individuals interested in public service careers. Liz Manning from Boston "Hi, this is Judy" is a twoweek long (October 2-18), citywide festival offeministcultural arts coordinated and conceived by the Graduate Group for Feminist Studies at SUNY Buffalo. "Hi, this is Judy" is a phrase that is used by the female employees of a large, successful, national American corporation. It is not used by choice, but is a condition of employment. Even if your name is Sarah, you must answerthe phone as Judy (most females in this corporation are hired as salespeople who work expressly over the phone). , Why Judy? The corporation did a nationwide survey and found that the name Judy conjured up images in people's minds of a woman who was bubbly, but competent; extremely friendly, but sincere; buxom, but modest; white and conservative, but open-minded. Judy is the perfect receptionist. She is the quintessential secretary. She is sharp, but she is not threatening to her male or female associates and superiors. Itis this artificial, cultural construction of woman thatthe October festival will attempt to Marine Corps Officer and lawyer, talk with the Marine Corps Officer Selection Officer when he visits your campus. More than 190,000 Marines could use your service, L HfIVP IyUJUUU CUCtItS i $5. A guide to full-year public interest fellowships for law school graduates was written by Marie Westermeier, a student at Georgetown University Law Center. The NAPIL Fellowships Guide is available for $10. Individuals interested in these publications or in the conference should contact NAPIL at 215 Pennsylvania Aye., S.E., Washington, D.C. 20003 or at (202) 546-4918. Feminist-Cultural Arts Festival If you think you have f/l/l/l/l/l t* 4what it takes to be a —ii nil nil in mi in ii frrkm tha atari V" MM UMMM IMMV 9%4*M f# ;: University Law School and Amelia Parkinson of Stanford Law School conducted a comprehensive survey of financial aid programs designed to alleviate the debt burdens of graduates accepting low-paying public interest positions. They also developed a manual for students advocating for these programs. The resulting Loan Forgiveness Action Manual is available from NAPIL for '!llllllllll!lll^-:iilllllllll!l|l!! ■ i l l :ll l l!l! il l'- , „ „ Maybe you can be one otus. There^^S^ AS Kp^ "' " miiii ■' critique, co-op, and redefine. If you have any questions about the following events please call 636-2546 or 636-2108 and, if you dare, ask for Judy. This schedule is still tentative and subject to change: October 2: "Just Buffalo" will open the festival with a Buffalo premiere reading by New York City-born poet, playwright, novelist, freelance journalist, and performance artist Alexis de Veaux at 8 p.m. at the Allentown Community Center, 111 Elmwood Aye. October 3: The all-women reggae band Casselberry-Dupree will perform two shows at 8 and 11 p.m. at the Little Harlem Hotel (an historic nightclub which has featured such greats as Billie Holiday), 496 Michigan Aye. Opening act by the dynamic Toronto-based, award-winning, dub-poet Lillian Allen. October 5: (Afternoon Event) Village Voice theater critic and contributing writer Laurie Stone will give a participatory brown bag lunch talk entitled "Fast Food Entertainment" at noon in 280 Park Hall on SUNY Buffalo's Amherst Campus. Sub-topics will include "Male/ Female Drag," "Why I Like Soap Operas," and "The Dr. Ruth Phenomenon." October 5: (Evening Event) Hallwalls will host an "Evening of Women's Films." At 7 p.m., Chick Strand's black-andwhite documentary on the power of female sensuality, "Soft Fiction," will be shown. Strand's film will be followed by Yvonne Rainer's erotic fantasy of domestic violence, "A Film About A Woman Wh0..." at 8:15 p.m. in the Hallwalls Vault 2nd Floor, 700 Main St. October 8: "Video Girls," a video opening hosted by Squeaky Wheel Film/Video Resource Center, 585 Potomac Aye., which will include the screening of Julie Zando's "I Like Girls for Friends." October 9: "As Her Voice Rises: Women's Images of Women," an art opening at 8 p.m., ÜB's Bethune Gallery, 2nd Floor, 2917 Main St. at Hertel Avenue (entrance next to Bennett High School). The Marine Corps Officer Selection Team will be on campus for the Career Planning and Placement Job Fair on October 1. We will also be conducting interviews in the Placement Office on October 7. FOR MORE INFORMATION, see the Career Placement Office or call us at 1-800-FOR-USMC October 10: "Wow Cafe Comes to Buffalo," a night of feminist performance art atthe Hallwalls Vault, 2nd Floor, 700 Main St., 9 p.m. "Wow Cafe," a New York City women's theater collective will bring three performances to Buffalo. October 11: "The Power of Past Centuries," an art opening featuring the collaborative work of photographer Dianne Malley and sculptor and computer anicontinued on page 12 September 30, 1987 The OpinionPtahgree page 3 �* * * Pieper Reps * * * Thomas Colson Sharyn Duncan Terrance Flynn 4 William Grieshober Diane Harris Mary-Jo Herrscher The Opinion September 30, 1987 James McClusky Miae Park Martin Pekin Margarita Ramos Shelly Rice Susan Rogue Amy Sullivan Thomas Theophilos �Ballplayers, Bork, Bookstore, Biden and other Bull .. by John J. Bonazzi A couple of things have crossed my mind lately usually during class lectures and I'd like to share them with you. I was just thinking — — Robert Bork is far more qualified for the Politburo than for the Supreme Court. At least in the USSR he can trash women and blacks with the party's blessing. And get a medal. Here, he just turns white. How do you explain President Sample constructing hundreds of more parking slots to relieve last year's congestion and then charging people for it? I think I've figured it out. This stupid policy, along with his other gems, is part of the campaign against drug use. These policies are being offered as evidence to youngsters of the dangers associated with too much heroin use. Take notice, folks. The Boston Red Sox are losers. Choke, choke, choke. With all of their weapons, they should be giving fans in Beantown something to cheer about. Instead, they put them to sleep. Why is it that UB is full of buildings with flat roofs? We're in an area with one of the highest annual snowfalls in the country, and we have roofs that allow snow to accumulate high above the heads of innocent, unsuspecting students. The registration process here is justplain dumb. It can be improved upon and the folks in A & R should move quickly to end the frustration of the whole silly process. If they don't, then we should strike. That's right. We should all just refuse to register, creating headaches for them for a change. Hey, if the NFL can do it, so can we. After all, we're lawyers, and they're just dumb football players. Why are law students so rude? Of course, there are many exceptions, but too many students act as if they're already attorneys. Cool it, will you? Even when you finally become attorneys, you won't really be important. And right now, we're all peons. So act it, will you? While I'm on the subject, why are there so many immature students in this school? They usually sit in the back of the class laughing and passing I don't think the University Bookstore should be expanded. Nope. I think that it should stay the same size, no matter how large this university gets. So what if you have to stand in line 30 minutes to buy a pen after passing out due to lack of oxygen? It took three years to find a dean. Gee, I hope Filvaroff stays for a while, don't you? God forbid if the head janitor decides to pack it in. Better stock up on empty trash cans, just in case obvious this isn't being done for them. It's being done for the big names the ones sure to benefit from free agency. The strike is a joke, and fans should not forget the slap at their faces. Joe Biden has inflicted an incredible degree of harm on both his own campaign and the Democratic Party. With Gary Hart's public lust-in, Biden's scandal may provide a signal to the country that the Democrats have lost their integrity. ily. OFFICER SELECTION OFFICE ROOM 205 FEDERAL OFFICE BUILDING 111 westhuron street BUFFALO, NEW YORK 14202 J/Mi — — Why are Mario Cuomo and Sam Nunn sitting the race out? You've got to suspect that they plan to join,, but wonder how long before they toss their hats in. To stay out much longer doesn't make sense. And a brokered convention isn't a possibility anymore. With those two out, Mike Dukakis will win eas- .. This would be a huge blow to the Dems, as the "sleaze factor" is an issue they can beat Repubicans to death with until now, that is. It'll be Mike Dukakis over George Bush next year. God, a democrat in the White House again. Sheer joy, but what will he do with himself? Pit bull terriers should not be outlawed, nor should they be put asleep. Their owners should. They're the dangerous ones. — No fan should support NFL players in their current strike. While I applaud any actionsthat help the lower-paid players, it's UNITED STATES MARINE CORPS \ vKvL notes. Please take your crayons and baseball cards to the recess area, and leave the rest of us alone. Tobacco companies should be held liable for the cancer they cause (325,000 deaths per year). The ruling four weeks ago holding that they are not is outrageous. While the companies do print warning labels, it is only because Congress forces them to. At the same time, they pour millions into the Tobacco Institute, the industry lobby, to convince smokers that cigarettes don't cause cancer. They should not be allowed on one hand to say that their products do no harm, and on the other avoid paying for that harm. The architect responsible for the Ellicott Complex should be hunted down and exiled to a remote, uncivilized region of the world, like Oklahoma. Why can't the library buy more copiers now, before the rush associated with final exams and moot court hits? They pay for themselves and make difficult times of the year much more bearable. Are you listening, librarians? IN REPLY REFER TO Dear Law Student: . Philosophically, I am deeply opposed to political assassination as a means of achieving political goals. But the Ayatollah kinda makes me want to rethink my position. And Bork .. All lawyers, as a condition of licensure, should be forced to put in 30 mandatory pro bono hours per year. If the greedy, money-hungry, selfish scum won't agree, we should kick them and their screw-the-poor attitude out of the profession. Congratulations to all newly elected SBA class directors. Now that you've won, please do something this year. You can start with the registration, student lounge, and JAG issues, and then move on to star wars research. As a Law Student at the University of Buffalo, you face challenges everyday in the classroom, and there will be many more to face following graduation. One of the biggest challenges will be to find an entry-level job at a good salary that will allow you to make use of the skills and knowledge you have worked so hard to gain. Unfortunately, most entry-level positions in the legal profession require a lawyer to be little more than a clerk for senior members of their firm. The Marine Corps offers an option for a small number of very special Law Students. Also, please act on Kelley Omel's suggestion that SBA sponsor functions other than dumb beer parties in loud, smoke-filled bars. It was the best suggestion of the entire campaign. I'm the Officer Selection Officer for the Marine Corps in Western New York. The option mentioned above is the Platoon Leaders Class with a Law Guarantee. A Law Student who completes this program will have a job waiting for him following Law School and acceptance to the Bar. His first work will probably be trail work, as either a prosecutor or defense counsel in courts-martial. A lawyer will have an opportunity to take on a tremendous amount of responsibility in a hurry. Marine Judge Advocates quickly learn how to handle themselves effectively both in and out of the courtroom. After acquiring a broad background in court work, you will have the opportunity to experience a widely varied practice. A legal office in the Corps is very similar to a civilian law firm involved in general law work. You will, in time, be involved in civilian and criminal cases, torts, contracts, and other fields of Law, including environmental and international. You will counsel military personnel on their personal legal problems; everything from wills and leases to bunco and fraud. The experience will be directly transferable to civilian practice. I hope the new dean is as great as everybody tells me he is. For two reasons. First, it would be nice to see the things he reportedly is interested in actually happen, and two, if he's a dud, do we really want to search for a new one? fl l l l l l l l l l •l l l l l l l l l l l l l l l l l l p College seniors who intend to apply to Law School and first or second year Law Students are eligible to apply for PLC (Law). The Marine Corps will send qualified officer candidates to Quantico, Virginia for a ten-week Officer Candidate Course, following which the student will return to school as a Second Lieutenant in the United States Marine Corps in an inactive status This means no "Marine Corps haircuts," uniforms, drills, meetings, or classes during the school year. While in Law School you will be promoted with your peers on active duty. During the summer months you may apply for active duty work in a Marine Corps Judge Advocate Office, during which you will receive all active duty pay and benefits of your rank. Following acceptance to the Bar you will be ordered to active duty for a period of three years. You could earn $23,000 your first year on active duty, $27,000 you second, and as much as $29,000 your third. E q PROFESSIONAL TYPESETTING • • OFFSET PRINTING FAST SERVICE • PRICING COMPETITIVE JJ M • E S* MANY DIFFERENT TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! We will be on campus October Ist at the Job Fair and at the Placement Office October 7th to conduct interviews. See your Placement Officer for or toll-free 1-800-367-8762 and ask an interview or call (716) for the Officer Selection Office. CALL US OR VISIT US FOR A QUOTATION TODAY! - - 3171 Main Street Buffalo>NY LfltKD S(^t-O|wt—i 835-0100 ■ (Main S. of Winspear) 1676 Nia Falls Blvd a Advertisement j a.' j. .; JAMES G. MACVARISH First Lieutenant s< mr±ne Corps f~y~lf*~l \ (across from K-Mari) Tonawanda, NY 834-7046 Illllllllllllllllllllilllllllllllllllllllllllllllllllll September 30, 1987 The Opinion 5 �Stanley H. Kaplan has chosen his bar review. lliifV fvti* f *#»**« :< jiHi| W W For years, Kaplan students have been asking for a jf bar review course with the same standards of excellence *\ W other courses. Kaplan's as After carefully investigating bar \A review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family jtik of outstanding educational offerings. The academic integrity and comprehensive, well-paced strucgg| ture of the SMH approach made Mr. Kaplan's \ decision an easy one yours should be too! f;w0 Jt& iM&Bi Preparation is now available for Cali,3 x\j v JB fornia, Colorado, Connecticut, District of 3 Columbia, Florida, Illinois, Maine, Maryland, Massachusetts, Michigan, Jjjj M New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, -Jjj :: S Rhode Island, Texas, Vermont, :M and Virginia. m^ Ih^to^ Ifc^to^ Js> - \ %£&kmfk wt A m % The Best Course Of Action. "~~ f """iwiijunl j^ej I I l*sflH M Pill Mi SKI « life v/ ,J ik. cd. center 1330 Niagara Falls Blvd. Tonawanda, NY 14150 Stanley kaplan 716-837-8022 6 The Opinion September 30, 1987 JS^Km r ■ �CDO Suggests Some Valuable Job-Hunting Tips by John J. Bonazzi Finding a job. Ah, these words are enough to make a law student cringe even more so than the Robert Bork nomination or another day in that frustrating registration line. — Once you have an idea of where you want to go, the next step is discovering specific information about the job market in the legal and geographical areas in which you wish to work. There are many ways to do this as you'll see, and net- your interest in this area, but also to learn some valuable pointers, and more importantly, meet the people in Buffalo who practice civil litigation law. While it may seem obvious, the next thing is to do a great job. Good attorneys are a dime One wonders where to begin. Well, the Career Development Office is a good place to start. UB Law School has a solid career assistance program with helpful resources and the personnel (even if there are only three of them) to provide valuable assistance. Ms. Audrey Koscielniak is the director of the CDO, and her staff consists of Patti Thomann and Judee Smolarek. See these people if you need guidance, or have any questions. In general, the first thing to do is to learn about the legal field. By becoming familiar with the entire field, one can then make informed and even semirational choices regarding interests and career paths. Until you've accomplished this, the rest is just a waste of everyone's time. A really good way to explore the law profession is to become familiar with certain helpful publications. Two good ones are The National Law Journal and Student Lawyer, an ABA publication with articles of interest to the law student. Rifkin provement in the standard of living. But the nexus between 'pure' science and technology is well established. The direction of research efforts often excludes approaches that seek to resolve problems by harmonizing our interaction with nature rather than altering it to meet our current needs. By piling one technological fix on top of another we ignore the causes of problems and create a type of environmental deficit that will be increasingly difficult to pay. Biotechnology encourages us to view life as nothing more than discrete chemical pieces that are interchangeable at will. Although critics of Rifkin claim that species' boundaries are not threatened, the insertion or removal of genes into or from a distinct species alters itforever. While we may be a long way from large-scale genetic engineering, the mind-set that views such intrusions as are now possible as minor must lead eventually to wholesale manipulations of the flora and fauna (and humans). Not only will we do violence to what remains of the natural order but in so doing we will threaten the ability of whole systems to adapt to changes in the environment. "I believe, incidentally, that those of us who care about bears and frogs haven't much time left to write about them, not the just because among world's other emergencies a twilight is settling upon them, but because people are losing their capacity to fathom any form of nature except, in a more immediate sense, their own." Hoagland, E., "Edward Hoagland," New York Times BookReview, October 4, 1981. — — Urbanization and the widespread destruction of habitat have already removed us from working is certainly an important one. Networking is a process in which, while working in a cho- sen area of law, the student makes contacts and uses those contacts to develop new internship/job leads. If, for example, you are interested in doing civil litigation in Buffalo, you would want to work one-on-one with a local attorney currently involved in litigation work. This not only allows you the opportunity to truly evaluate significant contact with other species. Furtheralienationfrom nature due to this final reductionist step will make it impossible for us to appreciate the beauty and critical importance of maintaining the diversity of species that form the complex interrelationships of nature. Not only might we diminish the capacity of the biosphere to support us, but our own development as a species, dependent on a rich and varied environment, may be irrevocably stunted. Inherent in this debate, but usually left unspoken, is the question of democratic control over such powerful technologies. The virtual monopoly of research funding by the Western corpocracy exacerbates the loss of local initiative in response to local problems. Enlightenment science was but one response to the challenge of understanding nature and learning how best to avoid disruption of natural processes while meeting human needs. Other cultures (and minority views within dominant cultures) have developed alternative approaches to the problem but are not allowed to experiment due to the pressures of the 'market.' Rifkin sees a crucial choice before us in how to organize the Age of Biology. The small-isbeautiful, "appropriatetechnology" approach would respect the ecosystemic reproductive capacity of the planet while the high-tech rDNA model is geared toward speed and 'efficiency' (values that Rifkin says are not natural). The latter model is likely to increase the rate of erosion and soil depletion, extend our dependence on petrochemicals a dozen; outstanding ones are a rare (and sought after) commodity. Get involved in your job, even if it is only a five or 10 hour per week position. Make them yourfive to 10 most enthusiastic and motivated hours. (Except for SBA parties, of course!) Once you've convinced the people in your office that you're both motivated and competent, you should begin to make contacts. Talk to the attorneys. They love to be asked for advice. Ask them. Find out what and continue the centralization of power inherent in such technologies. The former would allow us to openly debate the merits of science qua science and remove decision making to the people most affected by its workings. Rifkin acts as a catalyst for debate by raising questions about our conception of nature. Just as alchemists viewed all metals as gold 'in potentia' the new Algenists seek to change the es- the employment picture is both in that firm and in that job market. Chances are that if your boss can't hire you, he will know of someone in that market who will. An important variable in networking is market proximity. That is, how far removed from Buffalo the job market you wish to work in is located. The reason forthis, of course, is that the familiarity of our school's reputation is inversely proportional to the distance of a particular market from Buffalo. While we are becoming better known outside of Western New York each and every year, graduates will still find it somewhat difficultto crack new markets. When networking, especially when it is in a distant city like Philadelphia or Boston, the person(s) to contact are alumni. Alumni can be especially helpful in describing the job market in that area and providing leads. Be aware of one fact, however: while alumni can be helpful, they will be very critical, as they don't want you to ruin their reputation, or the school's, for that matter. You may be wondering how to get the ball rolling in the first place. How do you develop contacts, or set up an interview? Thankfully, the Career Development Office has set up some very interesting programs to get that ball rolling. An absolutely fantastic way sence of living things through transformation. The biota is now viewed as being 'in potentia' since organisms are no longer discrete but "simply a temporary set of relationships in a temporary condition of becoming something else." Rifkin, J., Algeny, p. 17. Many scientists view Rifkin as a gadfly or heretic. To me, he is a thoughtful and articulate agnostic in the Temple of Science. If you are concerned to establish that initial contact is by taking advantage of CDO's One-to-One Program. In this program, students spend a halfday with an attorney, observing them in practice. This gives the student a sense of what law practice is all about and allows the student to make better-informed placement decisions. As Audrey says, "You can't make career decisions in a vacuum." This program will begin late in October. Another resource is the Career Information Program. In this program, career panels visit the school and meet with interested students. On Sept. 28, August Milton of the Legal Aid Society will visit ÜB, followed by the Women's Bar Association during the week of Oct. 19. Also, an accounting firm is being recruited for a panel, which would primarily be geared towards first year students. Look for information about these events. CDO is bringing in the IRS on October 10, and Justice Department internship applications are due in Washington by Sept. 30. The BLSA Minority Law Student Recruiting Conference is coming on Oct. 9. For more dates, see CDO. Also, don't forget the job board. The cards on this board can give you great leads on certain jobs. By pursuing them, you can easily begin the networking process. continued on page 14 from page I about these and related issues, I urgeyou to attend one or more of the events during his brief stay. "The Gaia Hypothesis, as proposed by the British scientist James Lovelock, suggests that the earth's atmosphere and oceans are maintained as highly sophisticated buffering devices by the totality of life on the planet. The whole earth, in other words, may function as a single self-regulating organism. We live one life." Brand, S., "Gaia," The Next Whole Earth Catalog, p. 7. A One-Day Interdisciplinary Residency With RIFKIN JEREMY Author, Philosopher Activist & THE NEXT FIFTY YEARS SCIENCE, TECHNOLOGY and the HUMAN PROSPECT Jeremy Rifkin dares to question many of the most fundamental assumptions of contemporary Western civilization. He challenges our scientific world-view and the high-lech optimism of pur political leaders. Probing the modern technologies of genetic engineering, nuclear power and the computer, Rifkin critically examines the social, political and economic realities that await us in the 2lst century. Jeremy Rifkin has fought to prevent the deliberate release ol genetically altered microbes Into the environment, won a lawsuit against the Department of Defense blocking the construction of a biological warfare facility In the U.S., and provided testimony at numerous congressional hearings detailing mismanagement in government regulation of biotechnology. WEDNESDAY, OCTOBER 7, 1987 Seminar #1. 1:CX) P.M. "GENETIC ENGINEERING: UTOPIA OR BRAVE NEW WORLD" SA Senate Chambers, Talbert Hall, Amherst Campus Seminar #2. 3:OO P.M. RETI UNKING OUR WORLD VIEW" SA Senate Chambers, Talbert Hall, Amherst Campus Convocation, 7:OO P.M. "COMPUTER CULTURE: lIYPER EFFICIENCY IN II IE NANOSECOND SOCIETY" Katharine Cornell Theatre, 120 Filmore Ctr., Ellicott Complex, Amherst Campus — FREE ADMISSION TO ALL EVENTS — Sponsored by the SA & GSA Co-Sponsors: 1 Jepartments of Philosophy and Sociology Anthropology Graduate Students Faculty ol Law and Jurisprudence Baldy Center tor Law and Social Policy September 30, 1987 The Opinion 7 �__ : STATE UNIVERSITY OF NFW YORK AT Rl FFALOSCHOOL OF LAW Volume 28, No. 3 ■ — September 30, 1987 Editor-in-Chief: Krista Hughes Managing Editor: FeaturesEditor: Business Manager: Photographer: Zulmaßodon Daniel Ibarrondo Melinda K. Schneider Joseph Conboy Staff: John Bonazzi, Wendy Ciesla, Susan Clerc, Tom Gagne. Contributors: Doug Hoffer, Thomas L. Jipping, Kimi King, Alexei Schacht, Tracey Wild, John Williams. c Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. A Fairly Generic Editorial The three-year-long dean search will go down as a success, SBA director elections are history (with an almost fierce battle of write-ins for the coveted third-year seats), and the National Lawyers Guild is taking charge of the battle against Bork by conducting a vigorous letter-writing campaign. It seems the Law School annals will reveal that a heavy calm fell like a pall over the corridors of O'Brian Hall in the autumn of 1987. But before we get too complacent, the contributors to this issue of The Opinion indicate by the very forms of their contributions that, while there may be no immediate and major concerns to address, there are quite a few rather gnawing minor ones. For example, the lOOth Anniversary of the Law School has brought a significant amount of attention to ÜB. Unfortunately, it seems that the centennial was drawing attention from everyone but the students. Perhaps this is just another manifestation of student apathy. But perhaps the problem runs a little deeper this time than that. As law students we represent the thousands who have given UB Law a reason to exist for a hundred years. If it is true that we were a prime consideration, as well we should have been, then there should have been a strong student representation on the planning committee. SBA should have been involved. Friday night's cocktail hour, with $1 beers, at the Ellicott Square Building, was the one event planned mainly for students. However, many students either live in the dorms or simply have limited access to transportation. A shuttle bus service from Amherst downtown would have been an easy way to encourage student attendance. Another alternative would have been to hold an event a little closer to home. While we would have forfeited seeing the original site of the Law School we would have gained the feeling that our attendance was sought and desired. Also, the publicity for the centennial kick-off was well-intended but ill-effective. Students received in their mailboxes a memo previewing the weekend's events. Apparently, the Dean's letterhead was used to make students read it. It is almost a given that about two-thirds of what students retrieve from their mailboxes ends up in the trash can. In the case of the centennial memo, "$45 a plate" from Saturday's event shone out like a beacon and probably caused most students to dismiss the entire weekend as cost-prohibitive. Friday's cocktail hour should have been publicized with notices on the blackboards, which seem to be the most effective way of grabbing our attention. But enough about that. The milk cartons on page 13 of this newspaper were, of course, intended as humor. However, the reality behind the joke is not especially funny. While there is no arguing that these professors, with the exception of the omnipresent Elvis, work very hard and deserve time off to pursue valuable research, there is a problem with so many professors being gone at the same time. Certain courses are only taught by one professor. When he or she leaves, there is no one to fill the vacancy. Other professors must be shifted around to cover the mandatory first-year courses which then greatly limits even more the choices for second and third year students. Obviously, the administration cannot conduct a replacement search every time a full-time professor goes on sabbatical. Instead, perhaps some of the part-time professors could be utilized to teach some of the basic courses (like Civil Procedure or Contract Law) when our regular professors are away. — These are only two annoying little issues financial aid and late grades will doubtless be addressed later on if no more major problems present themselves, and parking will probably not be addressed at all, as it would merely be an exercise in beating the proverbial dead horse. At least we don't have to deal this semester with prejudicial notes in our mailboxes hopefully that is one editorial that will never be rewritten. — The Opinion 8 September 30, 1987 Family Planning Clinics Bound to Suffer Under President's Title X Proposals by Zulma Bodon President Reagan's recently proposed regulations for Title X family planning programs are not only unconstitutional but contrary to the intent of Congress. Reagan's newly proposed regulations would effectively bar poor women from receiving essential information about abortion from federally-funded family planning clinics. Title X of the Public Health Service Act was passed by Congress in 1970. It provides funding for most of our family planning clinics nationwide. These clinics serve low-income women and stress access for teenage clients. Under current law Title X funds cannot be used to fund programs "where abortion is a method of family planning." Congressional guidelines, how- ever, require that all women receive medical information on all options, including abortion, and referrals when they contact a family planning clinic. The new regulations would invali- date this important congressional mandate. A major problem with Reagan's proposal is that the regulations attempt to push out of the abortion business family planners whose philosophies about human reproduction do not coincide with that of the moral majority, and thus deprive women of an essential medical service. But a more serious consequence of the new regulations is that family planning service providers would be prohibited from exercising their normal educational speech about abortion. The new regulations would preclude even neutral, truthful, medical information about abortion. This is clearly a violation of the first amendment rights of doctors and counselors to speak freely about legal and medical options. It is also a violation of the right of the American public to be free from manipulative restrictions on the dissemination of information so necessary in making true and informed choices about very intimate aspects of our lives. Finally, the new regulations represent Reagan's last attempt at establishing a social policy which he has so farfailed to advance through our judicial branch of government. He is therefore trying to manipulate Congress into legislating what the Supreme Court has refused to do: to overrule Roe v. Wade. "Con-Torts" Teaches the Legal Basics But Students Don't Learn Practicalities by Alexei Schacht Now that I have had the summer to mull over my first year Section Three experience, I feel compelled to air my feelings about the course called ConTorts. The so-called Con-Torts model of learning contracts and torts, while having much to recommend it, is, in my opinion, fatally flawed. On the positive side, Professor Schlegel, who taught the first semester, gave us a valuable introduction to basic principles of argumentation that we in Section Three are not likely to forget. Similarly, Professor David Fraser, when he decided to hold class, explained such tort law concepts as comparative and contributory negligence both lucidly and entertainingly. Unfortunately, if my Section Three friends and I are any indication, the Section Three student simply does not have a working knowledge of a contract or tort lawyer's vocabulary, let alone knowledge of contract or tort law generally. Evidently the idea of teaching any "black letter" law was anathema to Con-Torts' creators. This is not to say that I would prefer pure Hornbook courses in contracts and/or torts. But the fact that ConTorts' "text" is entitled "Cases and Materials on Lawyering," or words to that effect, is somewhat outrageous. Last summer I clerked in a Manhattan civil litigation firm. I was seriously disadvantaged by my lack of knowledge concerning substantive areas of law. For instance, on one occasion a lawyer asked me what I thought about suing someone for replevin as opposed to suing them under the doctrine of conversion. I told her, somewhat disingenuously, that I would have to think about it. I then proceeded to sprint to the library to find out what in the world replevin is. But anecdotes cannot fully express the lack of actual knowledge, and if not knowledge then at least vocabulary, that I am missing. by Tracey Wild awesome power to change a few students' legal destinies. In those 20 minutes it is critical that interviewees make a competent, confident and professional impression that befits their status as potential associates. This includes good grooming and a keen sense of accessory coordination. As any recruiter will tell you, looking good is only half of the interview. Only ourfirst, second and third year students can benefit from a sample of recruiter-preferred responses to some of the most commonly asked questions in an interview. (Try practicing these wearing a burgundy tie.) As law students we are fairly busy. It should be possible to learn contracts and torts without having to consult a "nut- shell" book in our free time, which is, I believe, how Professor Schlegel suggested that we learn the "black letter" material. This leads me to myfinal criticism. While Grant Gilmore and others may feel that "contract law is dead," the fact remains that people in the world talk about contracts and contract law as if they did in fact exist. Accordingly, we as students might be helped more if we could speak the language of contracts (and torts) that lawyers actually use. Although you would never know it from taking Con-Torts, lawyers do actually use terms like "liquidated damages." I want to stress that I am not writing as a right- or left-wing person but as a student and as a consumer. Whether one wants to support or destroy the current social, political and legal system one must first learn the language used by one's friends, or enemies, whichever the case may be. Con-Torts' emphasis on lawyering as the making of arguments has a place in the first year curriculum, but it should at no cost overshadow the importance of learning basic legal terms and principles. And for the ReallyBig Money The Definitive Answer is . . . As inevitable as homework, the fall recruiting season is upon law students entering their second and third years of study. Only the biggest firms can afford to comb the continent for the best and brightest legal talent our institutions can provide. After overcoming the crucial resume process, a firm may express an interest in meeting with applicants. The personal interview becomes a student's important opportunity to shine. Many are called, but few are chosen to travel the coveted paths of hard work, fortune and glory. For the next few years, recruiters will concentrate their search within our own academic community. Predictably, streams of faceless candidates will meet and shake hands with these men and women who possess the Question: So, tell me why you wanted to become a lawyer. A Good Answer: I've always wanted to become a member of the second oldest profession. A Better Answer: / want to make $800 a week. Question: Why did you choose SUNYAB to begin your legal career? A Good Answer: It was in my price range. A Better Answer: / didn't like the dorms at Harvardand I have a prison record. Question: What was your LSAT score? A Good Answer: I'm sorry, I don't recall. A Better Answer: Fifty. What was yours? And Finally: What can you bring to our firm? A Good Answer: Myself. A Better Answer: Uncut cocaine. Remember, never let them see you sweat. Good luck and good interviewing. �Res Ipsa Loquitur by Daniel Ibarrondo Nuclear Physicist/Brain Surgeon Looking for a Job I just love seeing people in suits and dresses going through their first interviews, second interviews, third interviews and so forth. Trying to get a job is not an easy job. In fact, it's a job in itself. These are important times for my upperclass colleagues. The failure in not getting recognized, i.e., a job offer, can be crucial to our careers when we graduate. The scramble for the $1,000-a-week job is costly while you're a student. The bills for haircuts, suits, ties, dresses, hosiery, shoes, fingernail polish, etc.. can be expensive. . And after you're done with the clothing aspect, you have to get a resume that matches your outfit. Or possibly several grey-suit grey resresumes ume, beige-suit beige resume. — Word of advice: don't try black or blue. Resume preparation is an imintellectually and portant stimulating job. You have to rack your brains to come up with the "right" word. I remember when I was an undergraduate I worked in a pet shop cleaning fish tanks. After days of searching for the right job description and making numerous drafts of my resume, I came up with "marine biologist." It wasn't easy but it summed up my job description in a few words. I had fulfilled one of the main ingredients of a perfect resume! So what the hell if there's a big difference between what I write and what I practice? My motto was, "If the Bork can do it, then it's not pork." (Okay, so I was a little advanced for my age.) Quite frankly, I always had a hard time getting a job. Every employer would give me tons of papers to fill out with repetitive information. I got smart when I had rubber stamps made listing all my jobs, education and skills. The joke was on me when they wanted the same information from my maternal and paternal grandparents. I had just arrived here from Puerto Rico and was just getting used to the English vernacular. I knew I needed a "trabajo" for the summer and so I figured that I begin by looking up the word "job." Webster's dictionary stated, "the position in which one is employed." Filling out those forms can be tedious and tiring. It takes a lot out of you. Towards the end of the summer I had given up all hope of working. I was desperate for employment.I would cir- cle the part that said "sex" and write yes on the dotted line. Just give me a job, please! Hey, I didn't know any better. I thought I was pursuing this matter by the book. In the meantime, while law students continue to lie, I mean "spruce up" their resumes with professional-sounding words (I saw one resume that stated Moot Court, Fall 1987 when the damn verbal horse race hasn't started yet!), I will sit back and enjoy the fashion show. Since student loan checks will be coming in soon and I'm not in the running for jobs, I have set up a corner next to Syms (and don't tell me you don't shop there because I SBA Briefs know you didn't really pay $500 for that Pierre Cardin suit and if you didn't go to Syms you're not an educated consumer, ask Marcy) where I'll cash your checks up front at 10 percent interest. Also, because I'm not allowed to advertise my services in this paper, I know somebody who'll give you a good price on typesetting your resume. I've seen some pretty nifty suits and dresses being modeled in John Lord O'Brian Hall. Looking gooood!!! And please, to reiterate the words of an esteemed colleague, do not, I repeat, do not wear polyester. It's evidence of a criminal act. Speaking of clothes, will somebody tell you-know-who to stop wearing those plaid shorts? Winter's in, buddy! by John Williams SBA Holds First Meeting, Student Survey is Planned The SBA held its first meeting on Monday, Sept. 21, at which the new directors were introduced and some basic guidelines were discussed on how the meetings are run. From that meeting I got the impression that we have a very energetic, committed group of people who have come to work on issues that they believe are important to the school. At the meeting directors voiced great concern over the management of the financial aid office. For the most part the directors were upset over the delay of student loans. It seemed to be a genuine consensus that it was not the fault of Bill Hart, but that of the administration. It does not seem rational that the Law School would allow a full time student to handle a job that demands the attention of a full time employee. At our next meeting we will extend an invitation to Bill Hart as well as someone from the administration to come and discuss the overall operation of the financial aid office. We also established a publicity committee. This committee will be in charge of getting the word out about SBA issues and functions. It is our hope thatthis newly created entity of the SBA will help eliminate some of the communication problems that plague this law school. The committee has representatives from every class year. During the course of the meeting it became evident that we needed to poll the students on what issues we should be taking on. We will start a survey that will be circulated throughout the student body. The purpose of this survey is to give us direction and the ability to plan in a practical manner. Due to our limited resources (people & money) we have to form an agenda that is practical and plausible. A survey will help us achieve such an agenda. We established a parking task force that will work in conjunction with the Graduate Student Association to tackle the problem of parking. It is important for the students at UB to show unified opposition to the parking problem by working with all campus organizations. The SBA has also decided to take on the responsibility of compiling a student directory for this year. The desire to continue a student directory was brought on by the favorable response to last year's directory sponsored by Phi Alpha Delta. Way to go, PAD! Take Two By a unanimous vote it will be a policy of the SBA that all clubs and organizations acknowledge that they are funded by SBA. In the near future all posters or flyers will have to have the words "SBA Funded" on them. We have decided to do this to alert the student body to what activities we are responsible for. On a more personal side, we have done this to avoid the question, "Where does my activity fee go?" We would like to thank the students for one of the best voter turnouts in years. We hope this is a sign that apathy is not enrolled in this school year. SBA meetings will be held on Tuesdays at 5:15 in the Student Lounge on the first floor. Everyone is welcome to attend. by Tom Gagne First Year Student Undergoes Dreaded Metamorphosis by Tom Gagne There's no denying it. The once relatively settled make-up of my mind is being seriously altered by this whole law school thing. Example: The other evening, one of my less gastronomically gifted roommates was cooking up a particularly noxious concoction for his dinner. I was what else? studying, when suddenly my room was invaded by what smelled like Leftover Night at The Oliver Twist Penal Institution for Boys. I tried to steel myself against the onslaught, all to no end. I decided I had to once and for all confront him on this issue. Calmly, I walked into the kitchen and asked him if he would either make certain the fan was on full blast before he even went to the refrigerator, get a new recipe, or give up cooking altogether and resign himself to Mike's subs. "Eric," I said, and I was now admittedly getting a little flustered, for I was within viewing range of his mad creation, "your dinner is, is, positively a nuisance." That did it. Eric, you see, is also a first year student. Now he could easily shrug off my previous lay admonishments — — with a grin, but I had gone too far, as far as he was concerned, in bopping him over the head with a legal term. He shot back, "Oh yeah, well what makes you think you have an entitlement to crystal clear air around here anyway?" "Entitlement!" I parried. "Clean air is certainly more than a privilege!" And we were off. Example: Two of my housemates were arguing as to who should be allowed to study in the living room where there's much more space to spread out. One of them had been using the living room as a study area since the beginning of the semester, while the other had recently begun to look at the space with a covetous eye and now wanted his turn. Each was making conventional arguments of advantage when the incipient legal beast within me blurted out, "Well, according to the theory of first capture, the living-room-asstudy-area belongs to the person who first used it as such. Unless you consider the idea that the space belongs to the person who invested the most amount of time, money, and labor into fixing it up." They both suddenly stopped in their disputatious tracks, like kids, who when they get their first minibikes leave their old three-speeds to rust in the garage, and eagerly take off on their newer, faster, and more powerful conveyances. We were warned that law school changes the way we look at and think about the world, and that it's important we not spin ourselves into "legal cocoons." Was what I experienced above the gentle legal jousting necessary to the growth of an attorney, or was I undergoing the initial stages of a more radical metamorphosis? Was I soon to awaken to find myself .. turned not into X.'s beetle, but into ÜB's lawyer? I quickly perished the thought, even if it did, prima facie, possess a modicum of validity It's not just that we're being taught an arsenal of legal terminology with which to do battle, although this is one of the continued on page 10 The SBA Treasurer Reports... by Kimi King At long last she has resurfaced. My apologies for not having put a notice in the last Opinion. Now that things have settled down, it is time to start talking money! All vouchers that were submitted over the summer and in the beginning of this year have been turned in for processing this last week. It should take seven to 10 working days for payment once the voucher comes backtothe S.B.A. office. When your check arrives, I will place a notice in your mailbox letting-you know that you can pick it up at 112 Talbert. These first few checks may take awhile since it is the beginning of the year. Of critical importance to all student organizations is the fol- . lowing information.Due to new SUBthrough BOARD I, all vouchers must be submitted in advance of the actual purchase. Yeah, that's right. this means that you people are going to have to estimate the amount of expected purchase and submit it in advance to me, so that processing can begin. I know that this is going to cause confusion and pandemonium in the halls of O'Brian, so in order to help out I am going to hold the following sessions to explain the latest trends in fiscal fashion: Thursday, Oct. 1 —4:00 p.m. Monday, Oct. 5 4:00 p.m. Wednesday, Oct. 7 5:00 p.m. All treasurers of the student oganizations must attend one of these meetings. If you canprocedures not make it, then another exec- utive member of your board should attend as your proxy. At that time we will go over the voucher process, responsibilities of your organizations to receive funds, ideas for fund raiscontmued on page 10 — — September 30, 1987 The Opinion 9 �Miss Social Procedure Dear Ms. Social Procedure: What is the correct ensemble to wear when sliding down the slippery slope? JerryF. Lynchburg, VA Gentle Reverend: While I will respond to your question concerning appropriate dress, it is your attitude which concerns me. A truly tasteful slider would always observe the time rule of no white shoes or handbag before Memorial Day or after Labor Day. Avoid plunging necklines for obvious reasons. As my colleague, Miss Manners, once quipped, "To display one's bosom is poor taste, to display one's lack of bosom is poor judgment." Dear Ms. Social Procedure: How can I respond to people who question whether or not I have interviews and/or a job? Gentle Reader: I'm sure that your initial thought is rude so I caution you to take a deep breath. Fix a very small smile on your face, one that just possibly could be mistaken for gas. As always, the proper reply to an unappropriately personal question is, "Why Boffo, how sweet of you to be concerned." A hollow laugh is optional. Dear Ms. Social Procedure: I've noticed that everyone is getting so nasty! Can it be true or am I just being nasty? Gentle Reader: This is a true law school phenomenon. There is no such animal as a discussion between two or more law students it is always an argument. The rise of rude behavior in the general population is directly proportional to the number of graduating lawyers. My suggestion is that Pieper offer a decompression course immediately following the Bar where one can re-learn that "What do you mean by that?" is not the best response to "Hello, how are you?" — Dear Ms. Social Procedure: Do you thinkBork will be approved by the Senate? Gentle Reader: Tsk, tsk! Political questions are not my milieu! However, an alternate approach to such cerebral issues can be found in a hairstyle analysis. Judge Bork appears to patronize the same barber as Will Rehnquist, Sandra Day O'Connor, C. Everett Koop, Don King, Alan Freeman, Fred Konefsky, Woody Allen and various counsels in theI ran-Contra hearings. As you can see, it is weird hair that catapults celebrities into high places. I'm afraid Judge Bork is a shoe-in. Dear Ms. Social Procedure: Why is it necessary to wear either a grey or navy blue suit? Interviewing Gentle Interviewee: I'm shocked that this common knowledge has not reached your ears! A grey suit alerts the interviewer that you are dull and boring, an assetto the firm. Navy blue assures the world that you are unaware that you have dandruff. Dear Ms. Social Procedure: Can you recommend a tasteful place to eat on campus? Gentle Reader: I'm not sure whether by "tasteful" you are referring to the food, service, or ambiance so I will attempt to answer all of the above. As the celebrated hypochondriac, Davey Warbeck once said, "Sadie darling, were it merely starchy or insufficient I wouldn't peep, but actual poison merits comment." While not a gourmet critic, I feel safe in offering a general caveat: service is spotty and ranges from the unfailing cheer of Ursula at Baldy walkway to the grumbling and dirty looks of those employed at Talbert. I recall early one morning when an unsuspecting patron attempted to purchase a cup of coffee at 7:59:59. It was not a pretty sight. The incident received top billing in the Reporter's 2222 column space, outdoing the usual accounts of the misdeeds offlashers and pantythieves. The atmosphere of the various eating areas is similar to the whole of UB uncomfortable and unpleasant, with maitre d' Steven Sample mumbling, "What's your hurry, here'syour hat." — problem for law students as it has been ever so long since most of us have done anything in which we are truly interested. Nobody remembers life before law school. What did we think about before we came here? I think the first step is remembering, indeed, perhaps being retrained, how to think. There can be little doubt that the experience passed off as a legal education is, in fact, a frighteningly subtle and ingenious method of performing frontal lobotomies. Your question indicates that the operation was ineffective in your case and that you should don a hat and run for your very life. THE PASSWORD: bophn Dear Ms. Social Procedure: What is the correct thing to do if in the middle ofone's fifth semester oflaw school one finally realizes thatlaw is thelast thing he wants to do? 415 Seventh Avenue, Suite 62 New York. New York 10001 Wondering Gentle Reader: Your problem is shared by many others and is a particular (212) 594-3696 (201) 623-336} Take Two more notable results of lega, study. Words in themselves are far from irrelevant, and the astute attorney will constantly be on the lookout for blockbuster terms which will help her sell her case. But, aside from the legalese, we seem to be learning to microscopically focus in on and dissect factors surrounding a given legal problem. This microscopic analysis also seems to be at the root of legal reasoning. It borders on the scientific; indeed, law could be considered to be one of the "soft" sciences. But, like many other things in life, a modeof thinking can cut both ways. Although it's stressed (as sort of a damage control measure) to always consider the broader from page 9 implications of a legal notion, concepts of social justice and constitutionality find their way into the consideration of very few attorneys. For the majority of us, these more abstract concerns will enter and exit with the landmark cases we're now reading, where the issues are so pregnantthey beg for high rhetoric. We should bear in mind that as practicing attorneys we'll be dealing with important, though something less than earth-shattering matters. We simply won't have the opportunity to speculate seriously on the more esoteric ramifications of a legal ' question. This microscopation of our minds will no doubt serve us well when we're out there prac- ticing, trying to do the best pos- sible jobs for our clients.Knowing how to focus tightly in on problems will also probably help us in other life-arenas. But is this enough? Will our perspectives narrow so much that we'll simply leave off trying to look at the big picture? Will we become so legally oriented and tunnel-visioned that we'll never pick up a novel or a book of poetry, or not trust someone attheirword because there's no consideration? These bleak possibilities won't have to occur as long as we keep in mind that law is not the alpha and the omega of ways to think about the world. Like other disciplines, it should be thought of as a tool one can use in the difficult job of thinking for oneself. If we at least keep this in mind, then in the end we'll be striving to live up to the name of homo sapiens. Treasurer Reports ing (if you are interested) and just generally give you info that is going to be crucial for the upcoming year's activities. If you cannot make one of these times, please see me in advance. If I have to give 25 separate consultations, it's not going to be pretty! This year I really want to organize this process so that the organizational agendas run from page 9 smoothly. I know that some of you were disappointed in terms of your funding levels from the spring allocations, but maybe we can work on doing some alternate tapping of resources around this place. For those of you who have ideas about what you want to see done around this place, we welcome any and all feedback. One thing that the S.B.A. wants to concentrate on this year is in becoming more visible around here. If you have any questions I encourage you to stop by the office (Room 101), stop one of your class directors in the hall, or leave notes in the Executive Board's mailboxes. We are only here because you are THE OPINION FALL 1987 PUBLICATION SCHEDULE ISSUE DEADLINE LAYOUT PUBLICATION 28:3 September2l September23 September3o 28:4 October 5 October 8 October 14 28:5 October 19 October 22 October 28 28:6 November 2 Novembers 28:7 November 16 November 19 This schedule is subject to change. Copy deadline is 12:00 noon. All submissions must by typed and submitted to the Opinion office, 724 O'Brian, Zulma Bodon, Box #628, or Krista Hughes, Box #738. Layout begins at 6:00 p.m. in the Opinion office. 10 The Opinion September 30, 1987 Novemberll November24 . �1 AmericHJi Red Cross UB LAW & UB PHARMACY O'BRIAN HALL TUESDAY, OCTOBER 13 9:00 A-M- T^8:00 P-M * Long arm the law of board Februay 1987 2, DAILY NEWS Monday, Law school grads grind for the big one By GAIL COLUNS Duty NtoSWIWiw An unidentified student walked into the BAR/BRI law board preparation lecture at Town Hall the other day, flashed a "V" sign and then vanished, grinning, forever. on W. 43d St, stoically conThanks to a change of NEWSPAR* PICTURE YORK'S NEW heart by law board graders, he and 29 other summer flunkees had been rescued from a winter of four-hour eurveys of contracts, torts and suretyship. "Can you imagine that? It would be like winning the lottery—my God," breathed Fred Tecce. A recent emigre from Pennsylvania, Tecce is taking the boards for the first time this month, and thus has no hope of a last-minute reprieve. The Happy 30 missed passing the summer boards by a single question, and were salvaged by a persistent fellow victim who convinced the Board of Law Examiners that multiple choice question 28 had two possible correct answers. "It took me weeks to realize I wasn't going to have to take that test again—and that I would never have to sit through another review lecture." said one of the 30, who is now tending bar and requesting anonymity. Wrinkled warriors Last Friday night, hundreds of less fortunate young men and women—dressed for success but wrinkling rapidly—were slumped in the plush red seats at Town Hall templating the prospect of a four-hour review of the wonders of commercial paper. "This is terrible," said Janet Ramusack, 29, who had been napping on the shoulder of her seatmate, Phil Levine. "We knew each other before," explains Levine. "This jom* hocmjaiv news STAN CHESS lecturing law school grads preparing to take bar exam. is not a bar exam romance." Preparing law school graduates for the bar exam is the discount rates for repeat The scene, he says, was a psyching up the victims. a mini-industry. BAR/BRI, customers. ("Those students had cocktail party, where two lawyers who served as gradwhich rents Town Hall for its "The last place they want peaked.") lectures, draws about 4,000 to be is Pieper's course," Chess, whose students ers for bar exam essay questions were having a casual local customers a year for says John Pieper, who runs have included retired Weathsummer and winter sessions, another popular lecture erwoman Bemadette Dohm conversation. at up to $825' a head. series. "It's almost like going "Suddenly one of them (who passed the first time to a 42d St. peep show. You says: 'What do you mean 10 is The winter classes, veterout) and Robert Kennedy Jr. ans say, are much bleaker don't want to be seen." (who didn't), says the very the high score and zero is the than the summer ones. "They To motivate the flunkees, worst story about bar exams low score?' For five years, it laugh at your jokes more in Pieper says, he ever heard happened in turned out, he'd been grading he out: points summer," says BAR/BRI dievery paper backward." Vermont. "How fortunate they are. rector Stan Chess. There are a lot of people who Most winter students work never got into law school." ©19&7 New York News Inc.. Reprinted with permission all day, go to lectures all Sagas of students rescued evening, and spend Saturfrom disaster or into plunged days at the office. "During by errors in grading the week we can only put in despair the law boards are a popular seven to eight hours a day, topic at Town Hall these winwhich is not enough for a law ter evenings. firm," said Ramusack. On There was, for instance, Sunday, she added grimly, the dreadful time a computer she returns to Town Hall to error was uncovered, giving watch movies of missed 35 new people a passing lectures. score, and causing 26 others The winter crowd's, dewho thought they were is pressed mood not imalready lawyers to flunk proved by a heavy concentraretroactively. tion of summer bar exam "That was 1980—it was casualties. No one's, spirits said Piepappeared to be elevated by er. who had a lot of trouble (bwabn September 30, 1987 The Opinion 11 �What To Do With Your Copy of The Opinion BUFFALO BLUES I hear the joyful sounds of latin drums, percussion and rhythm penetrate the brick walls of John Lord O'Brian Hall. My mind wanders as my feet tap in beat on the red carpeted floor of my law school classroom. The Newspaper "Fold-A-Pope-Hat" notions of horizontal and vertical equity escape my mind as I inhale the sounds of sweet salsa music. Start with four two-page sheets of newspaper, stacked one atop the other. STEP 2: Fold the top two sheets up. BotTom edges should meet edges of folded corners. STEPI: Fold top corners of all four sheets to center. .■ stfii STEP 3: Fold the same two sheets over again. _// 1T>\. "I love you my sweet dark-skinned woman," the lead singer yells with that warm, passionate tone not found on Amherst campus. Visions of white sandy beaches, blue oceans, Creole souls and old Spanish forts envelope my existence. The sound fades as the Haig-Simon concept of income sinks into my brain. Gone this orgasmic experience as 1 return to listen to the problems of the landed gentry. Daniel Ibarrondo STEP 4: Filp over. Fold remaining iwc pages up once. Bottom edges should line up with bottom of front fold. /TV / — / . _ .. .. yI X , ] .•:.'.... J r-yf , Line \up here \ .. >n I '—' STEP 7: Fold up bottom flap to even with the boftom edge of the from / N. \ = \ To even with front T edge I AbOUt NeWSddy i COMPLETED POPE HAT: I>v C y i Back i § Front -- from page 3 artist Susan Kerr, at 4 p.m., Artists' Gallery, 30 Essex St. Malley and Kerr have been working together on this exhibition, which is mainly photographic, for the past year; it is based on an investigation of the art, ideology, and lives of Russian women artists of the Avant-Garde (1905-24). This show will run until November3. October 18: Poet and fiction writer Becky Birtha will be reading from her second volume of short stories, Lovers' Choice. This reading, coordinated by EMMA, The Buffalo Women's Bookstore, (nation \ I ! will be at 3 p.m. at Niagara Erie Writers (new space, 7 West Northrup Place, located in the old Granada Theater building.) In stories that are at once vibrant and quietly reflective, Birtha describes the possibilitiesand problems of claiming an identity in a world that marginalizes lesbians, women and people of color. Birtha, a former member of the SUNY Buffalo's Women Studies Poetry Workshop, has been published in numerous poetry and fiction anthologies and will be signing her new book after her reading at NEW. L WHO? The Newsday Summer Journal- , Newsday, the nation s9 h largest newspaper, is based .n Melville Long Island for the Long9 s and edition and in Manhattan for New York Newsday. It has a circulation of more than 620,000 daily and over 680,000 on Sunday. Most of the readership is in Nassau and Suffolk Counties, Long Island, the 9th largest metropolitan market in the •country, with a population of 2.8 million. Rapid growth in New York City has made Newsday the fastest growing newspaper in the country for the second year in a row. The newspaper has won eight Pulitzer Prizes, including ones for commentary and international reporting in 1985 The newspaper has been chofen as one of Americas -10 best newspapers in numerous surveys. It has always been Newsday s policy to seek the best qualified applicants. In keeping with this, Newsday is an Equal Opportu- nity Employer,pursuing a vigorous ism F*rogram is designed for sophomores, juniors and seniors who have a commitment to purnalism and who are interested in a newspaper career. For the Summer Journalism Program, Newsday s affirmative action goals are as ,ollows .' Come and Meet J. GARDINER PIEPER, J.D. LLM. , WHAT? More than 30 paid positions are avaMab|e under this program witn abou " re P°rt s .. ' as interns (news f» ™™ ed,,ors artis,s and ,he rem a n J f On Tuesday, October 6, 1987 3:30 P.M. . ns and as editonal aides performing clerical functions for newsroom editors WHEN? For mid-June At Buffalo Law School Room 108, O'Brian Hall 10 weeks, beginning ii/urno WHERE? At Newsday s headquarters in Melville, Long Island, about 35 miles east of New York City arfd at the New York Newsday headquarters in Manhattan. Please come and learn about the Pieper New YorkMultistate Bar Review Course, the New York State Bar Exam and the Multistate Professional Responsibility Exam. |_|/"i\A/O ""UW f Further information and appliin summer internships in reporting, editing and editorial aide positions can be obtained by writing to: Barbara Sanchez Editorial Personnel Manager cations for those interested . This is your opportunity to meet with Mr. Pieper and become acquainted with his course, his teaching methods and hisanswerstothe many questions students have concerning the exams. Internships Newsday Long Island, New York 11747 affirmative action program. phol Ji her lnterns should wrlte P I ,, ,„. Intern Coordinator/Photo Forty percent of the .nternships and 40 percent of the clerical positions should be filled by women. And because summer employment provides Newsday with a unique opportunity to train minority members, 20 percent of the internships and 20 percent of the clerical positions should be filled by minority members.' ,, Art|S ems shou|d wrj e Warren Weilbacher |n A) 1Qjrector 0 The Opinion September 30, 1987 A Completed applications (including writinge assignments for reports, copy editors andl aides) must be postmarked by December I 15, 1987 Newsday Summer Journalism Program 1988 12 "Judy" ) beyond V\s\--■■'"■ (°tner less fold / >r-—I I STEP 6 ' Repeat with other side. r • STEP 5: Fold all thicknesses from side to approximately Vh" beyond center. ~. Adjust size by S fol(jjng more I I I PIEPER REPS: Diana Harris James McClusky Margarita Ramos Thomas Theophilos Miae Park William Grieshober Martin Pekin Mary-Jo Herrscher Sharyn Duncan Susan Rogue Thomas Colson Shelley Rice Terrance Flynn Amy Sullivan �MISSING HAVE YOU SEEN THESE FEOFLE? , -, * ! *"! </ , ' W%I/■ Hf / / IH "wßky "■ \ *fff- » fs / / ■ / September 30, 1987 The OpinionPagethiren 13 �Job Hunting Tips If you are interested in a public interest career, you've come to the right school! Besides an active public interest student organization, there is a public interest advisor, Karen Cornstock. By being placed on the public interest mailing list, you will receive notices of available public interest internships and positions. Karen is always happy to review resumes and cover letters for public interest positions. In addition, CDO co-sponsors the Public Interest/Public Service Symposium in New York City each spring. This worthwhile program offers the public interest-oriented student the opportunity for a job search among a group of assembled organizations committed to from page 7 that area. Student resumes are accepted, and job interviews are granted. Again, see CDOfor details on this. Once you've done all this and have acquainted yourself with the area of the law you wish to practice in, the next thing to do is get that position! CDO maintains a "Job Book," in which listings are kept on various legal positions, as well as the bulletin board outside CDO. Also, firms and organizations recruiting for positions are brought to the school each year for student interviews. Notices of these recruitment trips are put up outside CDO, although for large firms, the deadlines have long since passed you by. If you're interested in small firms, you have a little more THE PASSWORD: f \O\ \ \ \]-\ ~) V~~) 415 time to play with, but you must get moving now. Your resume should be prepared and you should have copies of your unofficial transcript and writing sample. Students are frequently caught without these two; one should always have them available at all times. Assuming you've identified the firm or organization you wish to apply to, you should then research it. Learning about the firm and its strengths and opportunities is the one thing that law students fail to do most. Once you've learned about the firm (contacts are important not only for the leads, but for this information too!) you should set up an interview. This is where CDO comes in. However, remember CDO assists the student; it doesn't do the work for the student. The first thing to prepare is your resume. CDO, always bombarded with questions and pleas for assistance, will be glad to help, but asks that you help yourself first. In other words, attend a resume workshop pr/orto seeing CDO (orthe Public Interest Office, if that is Seventh Avenue, Suite 62 New York New York ,0001 - (212)594-3696 (201) 625-J363 your career choice) for help in putting together your resume. Resume workshops will begin in late October and they're not justfor first year students! Of course, first year students should make definite plans to attend, as they will need to have theTr resume in order before Christmas. — Along with the resume, an interesting and well-written cover letter will do wonders in getting you an interview. Do not look at this as an unimportant resume enclosure. Many times, it is the cover letter, and not the resume, that secures the applicant an interview. Again, CDO is happy to help, but you should attend a workshop prior to seeking help. CDO can also be helpful in assisting you with the initial contact, interview, and follow-up. You should keep CDO informed of the status of your job hunt. When you become aware that you will not be accepting an offer that has been extended to you, you should decline the offer immediately, so that you do not poison the CDO-contact relationship. To prepare for interviews, you should take advantage of the practice interviews that CDO sponsors. Groups of four students meet with real attorneys to practice techniques. At the end of each interview, the studentreceives feedback from the interviewer and the three other students. CDO sees this as a valuable learning experience about employers and the whole process, not just interviewing skills. Another service that CDO is currently putting together, which will be very valuable to students conducting their job search, and which will make that job search infinitely easier, is the computerization of a//employment data. The student will punch into the computer the area of law he/she is interested in, the geographic region, and what size firm he/she is interested in, and the computer will spit out all of the firms and organizations that fit into that description. Think of the enormous timesaver this will be! (If only legal research could be so easy!) One problem, though. Because CDO lacks enough people to enter the huge amount of data necessary to complete the program, this valuable program has been stalled. CDO asks any students willing to even an spend some time entering data to hour or two see them. In sum, if you're a third year student and any of this article came as a surprise, you'd better get hopping. Job security is about to pass you by! For second year students, you should be well on your way to making contacts and beginning the networking process described above. Next year will generally be too late. For upperclass students, if you are interested in working for corporations or medium to large sized law firms, you should be well on your way by now. If you wish to workfor Buffalo firms, you're pretty much out of the running. For firms outside of this area, you still have sometime, but not much. In two weeks, lots of decisions will have been made, and firms will be focusing on callback interviews. In Buffalo, it will all be over. For those interested in smaller firms, you still have time, but it would be in your best interests to begin preparing everything you'll need. Don't put it off. For first year students, you need to get started now. At the risk of adding to the stress of the current year, you should bear in mind that, in many respects, this year's grades are the most important you'll receive. You need to do well if you are to land a large law firm or other high-paying, competitive position. You should be attending the resume workshops and participating in the One-to-One program. Don't be left out in the cold. It may seem very early to you, but actually, deadlines for some summer internships will some be approaching soon before December. You should begin exploring the possibilities soon. Besides, it beats Civil Procedure. And there's much less reading! Remember, the job search or will be only as productive traumatic as you make it. — -4 j JS ,<g|ffi Jk HIM& imlllF ■ Jfjfei «ff~ Hk at fi g|| ii ii 1 M II ie American Express* Card can get you virtually everything from a leather jacket to a leather-bound classic. Whether you are bound for a bookstore ora beach in Bermuda. So during college and after, it's the perfect way to pay for just about anything you'll want. How to get the Card before graduation. Mm&te*.,. Mii l&Ekk. E& tfti ell It , X College is the first sign of success. And because we believe in your potential, we've made it easier to get theAmerican Express Card right now. You can qualify even before you graduatewith our special student offers. For details, look for applications on campus. Or just call 1-800-THE-CARD, and ask for a student application. The American Express Card, Don't Leave School Without Itf — — 91 t 14 The Opinion September 30, 1987 -HgGg — — �II emanuel law outlines review II *Substance; sum&5 um & ■ Steven Emanuel, the guiding force behind emanuel law outlines, has purchased the J/K Bar Review Course (BRC) and the Sum & Substance books and tapes from Josephson/Kluwer! Ah bb W I JsSL. . 3> %**Ml rti/}^^ Come under the emanuel umbrella! Contact your campus rep to get the details! BOOKS & CASSETTES __ __ emanuel/BRC 1 /__ For more information, contact your emanuel/BRC campus representative or our local office: EMANUEL BAR REVIEW, INC. National Headquarters 1865 Palmer Avenue Larchmont, NY 10538 1-800-EMANUEL (914)834-7546 Northern CA 129 Hyde Street San Francisco, CA 94102 1-800-EMANUEL (415)776-3202 Southern CA 10101 W. Jefferson Blvd. Culver City, CA 90232 1-800-EMANUEL (213)558-3100 Michigan Northland Towers West #501 15565 Northland Drive Souttifield, Ml 48075 1-800-EMANUEL (313)559-7606 Minnesota 1821 University Avenue, #331 St. Paul, MN 55104 1 -800-EMANUEI (612)644-6070 September 30, 1987 The Opinion 15 �FALL SEMESTER DISCOUNT ATTENTION: CLASSES OF 1988,1989 & 1990 SAVE $150 o ) When you register early for BAR/BRl's 1988, 1989 or 1990 New York, New Jersey, Massachusetts, Connecticut, New Hampshire, Maine or Vermont Bar Review. You get the nation's largest and most personalized bar review and you save $150 off the current price. ($) mJJfibn BAR REVIEW The Bar Review That Cares About YOU.™ / / I 16 The Opinion September 30, 1987 \ OCTOBER22ND / 415 Seventh Avenue, Suite 62 New York, N.Y. 10001 (212)594-3696 (201)623-3363 \ The last day to save $150 is: \ ' ' ( 160 Commonwealth Avenue Boston, Mass. 02116 (617)437-1171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-09-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/30/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/71b109e5c324d9c1db3b2040ba4b1add.pdf d470bd347eab02a8dbb5456ed2614d21 PDF Text Text Long Law Dean Search Ends with David Filvaroff by Krista Hughes After almost three years of searching, the Law School has finally found a permanent dean. David Filvaroff will assume the office of dean on a full-time basis in January, when he has fulfilled a prior teaching obligation at New York University. Although his schedule has not yet allowed time for an interview, Filvaroff's resume and acquaintances at the law school speak well of him. Since 1972 Filvaroff had been teaching at the University of Texas at Austin Law School, where he concentrated in civil rights, constitutional law, prisoners' rights and legislation, among other things. A magna cum laude graduate of Harvard Law School in 1958, Filvaroff went into private prac- tice for four years in Cleveland, Ohio. In 1962 he began working in federal government jobs. His first federal position was as clerk to United States Supreme Court Justices Frankfurter and Goldberg for the October term, 1962. He later spent time as special assistant to the United States attorney general. Filvaroff also served as general counsel to the President's Council on Equal Opportunity. While teaching at Austin, Filvaroff found time to pursue outside projects. He worked with the Texas legislature on penal reform and held positions with the U.S. delegation to the conference on security and cooperation in Europe, which dealt with furthering the principles of the Helsinki Accord. There has been a very positive feeling around the law school since David Filvaroff was finalized as the choice for dean. According to second year student Kyle Maldiner, one of the representatives on theDean Search Committee, which was responsible for finding Filvaroff, the new dean is very concerned with student needs and interests. Although he has been split- ting his time between New York Law School and Buffalo, Filvaroff had time to tour the law school with Acting Dean Wade Newhouse and other law school administrators, along with Voldemar Innes, vice president of University Services, and second year student Derek Akiwumi, vice president of the SBA. According to Akiwumi, Filvaroff is primarily concerned with establishing a sense of exclusivity for the law school. One of the new dean's foremost projects is the conversion of the basement of O'Brian Hall into a cafeteria which would be open to law students only. Filvaroff is apparently "willing to fight" for a cafeteria/ lounge area that would help develop a sense of cohesive- THE OPINION Volume 28, No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW ness within the law school. Another problem area which Filvaroff is prepared to tackle is the high noise level and presence of undergraduates in the Law Library. Although there are no firm proposals for reducing the noise level, Filvaroff would institute a policy whereby no non-law students would be allowed in theLaw Library during final exam week. The law school has found a dean who is willing to make some changes. He is dedicated to the idea of establishing a sense of exclusivity in the law school which would also benefit UB with respect to national ratings. Filvaroff is persistent and innovative, and according to those who have met him, he is "not going to be afraid to make some waves." September 16, 1987 SBPrePAsaiC CWdrknltincagzm harges by Vince Doyle After meeting with an administration official to discuss the controversial changes in parking policy, Student Bar Association President John Williams called the changes a "roundabout way to keep students from bringing their cars to school." Williams also called "absurd" the absence of representation from the Law School on the committee formed to examine the parking problem. Williams met last week with Dennis R. Black, associate dean, division of student affairs, about recent developments in the campus parking policy. The meeting followed the unveiling of the new pay parking lot in front of Fronczak Hall on the Amherst campus and published reports that the administration will implement a $10 registration fee for all who wish to park on campus. At the meeting, Black said the changes are being made according to the recommendations of the Parking Task Force. The task force, which was established last school year to look into the problems of campus parking, was comprised of representatives of various administration, faculty, staff and student groups. Williams questioned Black as to the absence of any representative from the Law School. Black replied by saying that the large number of student governments and groups means that only a few can be represented on committees such as the task force. Black also said a representative of one of the professional schools is always included on these committees. Williams, however, still maintainedafter the meeting that the representation of the Law School was inadequate. Williams noted that the member from a professional school on the task force was a student at the School of Dental Medicine, housed on the Main Street campus. "The absence of a representative from the Law School is absurd, it makes no sense to have someone from the Dental School on the task force," said Williams. "There should have been someone from the Law School or the M.B.A. program on the committee, someone who is from this campus." Williams also said the meeting left him with the impression the administration is trying to discourage students from driving to school. "It seems that the school would rather have us walk or take public transportation than drive," said Williams. "They seem to be trying in a roundabout way to keep students from bringing their cars to school, and if they are saying 'no cars' I wish they would just come out and say 'no cars.' " According to Black, more changes in the parking policy will be made, possibly as soon as next semester. Published reports have already indicated that the administration plans to impose a $10 registration fee on any driver who wishes to park Law School Enters Second Century by Daniel Ibarrondo women, blacks, Hispanics, single parents, foreign students One hundred years ago, the State University of Buffalo Law School opened its doors to eager students ready, willing and able to study law. Since 1887, UB Law has been making changes in the lives of Buffalo residents, New York State and the rest of the nation as well. Since its beginning as a local law school, UB Law today has a national character. The various changes in curriculum and theories about the law have shaped UB Law into a conglomerate of innovative ideas and concepts coupled with the traditional legal rules and reasoning skills. The law school has also benefited from the admission of and all other non-traditionalapplicants. The numerous backgrounds, experiences and geographic locations represented at UB Law has enriched the lives of the student body. UB Law has established a concern with law and social sciences that has increased since the 19505. Thus, UB Law students selecting careers in public-interest organizations is double the national average. About 57 percent of our law students enter private practice, which is close to the national average. UB Law School and the innovative institution that it's a part of has been a leading law school in administrative poli- cies and instruction. It was among the first law schools to develop a computer game course where students carry out roles of "attorneys" in a simulated trial, established the use of video for role play situations for negotiating contracts, argue an appeal or practice for an employment interview. The law school was also the first major public university to give full time faculty status to those teaching in the various clinical programs. The law school administration will be having guest speakers, dinner and cocktails as part of its centennial celebration. All students are encouraged to attend and participate in the joy and glory of this centennial celebration. anywhere on campus. Faculty and staff would have the option to pay a $25 fee and park in lots PSA, P6C or P7A. Those faculty, staff or students who want to pay a $100 fee would gain the right to park in preferred lots P4C, P7F and a portion of the new Fronczak lot. Black said that the only circumstance which might hold up the implementation of the campus-wide parking fees is the reaction of the various employee unions on campus. Several of the unions, including chapters of the United Uni(continued on page 11) Law School Newcomer Brings Diverse Experience by John J. Bonazzi George Kannar is the Law School's best-kept secret. He is a faculty member who joined UB back in January, yet is thought by many students to be a newcomer. He obtained his B.A. in 1970 from Yale College, after working as a reporter with the L.A. Times during "the Manson years." He then attended Harvard's graduate program in the history of American civilization, followed by three years at Harvard Law School. While at Harvard, he taught American history and literature. While in law school, he worked for Ralph Nader and the Newark, N.J. public defender's office during the summers. He also served as an associate editor at Parade magazine where, on special assignment, he traveled extensively in Africa, interviewing the prime ministers of South Rhodesia and South Africa. (continued on page 2) Inside ... The Bork Battle Guild Perspectives SBA Briefs . ... 2 2 4 �Bork Nomination: What the Battle is About by Zulma Bodon Much has been written about the nomination of Judge Robert Bork to the Supreme Court. Little has been said, however, about the issue of whether the United States Senate should consider ideology and judicial philosophy as critical factors in the debate over Bork's nomination. Far right leaders are active in their efforts to persuade the Senate that the only legitimate criteria in evaluating Bork's fitness as a potential member of the Supreme Court is his "competence" as a jurist. No one should doubt that Bork will in fact pass this somewhat limited test: he has been sitting on the Court of Appeals for the District of Columbia since 1982, practiced law at Kirkland and Ellis, taught at Yale Law School, served as solicitor general of the U.S. and is author of "The Antitrust Paradox: A Policy at War With Itself" (1978). Obviously, Judge Bork's credentials are impressive. But, politics aside, his ideology and record justify a long, close questioning considering the pivotal vote he would represent on the court, not just for a few years but for decades to come. Here are some of the statements Bork has made concerning some very critical constitutional issues: ABORTION: "I am convinced, as I think most legal scholars are, that Roe v. Wade is an unconstitutional decision, a ... serious and wholly unjustifiable judicial usurpation of state legislative authority. I also think that Roe v. Wade is by no means the only example of such unconstitutional behavior by the Supreme Court." (From testimony before the U.S. Senate on proposed Human Life Bill, 97th Congress, 1 st Session, 1981.) .. . RIGHT TO CONTRACEPTION: "The privacy notion (upon which the right to contraception is based)... has little to dowith the intent of the framers (of the Constitution). "The Griswold decision has been acclaimed by legal scholars as a major advance in constitutional law, a salutary demonstration of the court's ability to protect fundamental human values. I regret to have to disThe Griswold opinion agree fails every test of neutrality (It) is an unprincipled deci-. sion ." (From "Neutral Principles and Some First Amendment Problems," 47 Indiana Law Journal 1, 8-11.) GAY RIGHTS: "We would find it impossible to conclude that a right to homosexual conduct is 'fundamental' or 'implicit' in the concept of ordered liberty We conclude, therefore, that we can find no constitutional right to engage in homosexual conduct and that, as judges, we have no warrant to create one." {Dronenburg v. Zech, 741 F.2d 1388, 1396-97, D.C. Cir. 1984.) AFFIRMATIVE ACTION: Bork has questioned the legality of affirmative action preferences .. . . . .. for minorities: "Justified neither by the theory that the (fourteenth) amendment is problack nor that it is colorblind, (the Bakke decision) must be seen as an uneasy compromise resting upon no constitutional footing of its own." (Wall Street Journal, July 21, 1978, p. 8.) PRAYER IN THE SCHOOLS: Generally, Bork has upheld legislation if the language of the statute does not specifically violate the Constitution. Bork is believed to favor more government accommodation of religious practices. SEXUAL HARASSMENT: In a 1985 dissent Bork said that applying civil rights laws' protection against sexual harassment would mean that "sexual dalliance, however voluntarily engaged in, becomes harassment whenever an employee sees fit, after the fact..." Bork claimed that harassment by bisexuals would be legal because "insistence on sexual favors would apply to male and female employees alike." And, "... perhaps some of the doctrinal difficulty in this area is due to the awkwardness of classifying sexual advances as 'discrimination.' Harassment is reprehensible, but Title VII was passed to outlaw discriminatory behavior and not simply behavior of which we strongly disapprove." (Vinson v. Taylor, 706 F.2d 1330, 1985.) EQUAL RIGHTS AMENDMENT: "The amendment didn't . say that Congress shall have the power to provide for sexual What it equality in all cases said was 'Judges shall have power to decide what sexual equality is in all cases.' " (USA Today, July 2, 1987, p. A 2.) MARCHES AND DEMONSTRATIONS: Bork has upheld limitations on the right to demonstrate in front of foreign embassies. This decision was "... based not on the need to protect the embassy's security but on the more amorphous need to prevent affronts to the 'dignity' of the embassy ..." (Dissenting opinion of Wald in Finzer v. Barry, 798 F.2d 1450, D.C. Cir. 1986.) FIRST AMENDMENT PROTECTION OF SPEECH: "Constitutional protection should be accorded only to speech that is explicitly political. There is no basis for judicial intervention to protect any other form of expression, be it scientific, literary or (other)." (47 Indiana Law Journal, 1 at 20.) A SURE VOTE FOR BIG BUSINESS: "In modern times the Court... without Supreme adequate explanation has inhibited or destroyed a broad spectrum of useful business structures and practices. Growth by merger with rivals is practically impossible." (Bork, "The Antitrust Paradox: A Policy at War with Itself," New York: Basic Books, 1978.) Clearly, Bork's positions on these issues show thathe is too radical and that he would there- fore push the court too far to the right. His opinions as a judge are view that the courts are not the proper forum for protecting civil rights and civil liberties, they also reflect his judicial and not only consistent with his ideological view that the Constitution is a static instrument rather than the living document it is. It is this narrow perspective which threatens to destroy a balanced court. Bork's supporters would argue, for example, that since the right to privacy is not explicitly mentioned in the Constitution its framers did not intend to include it as one of our most fundamental rights. The truth is that what the framers feared was the tendency ofgovernments to grow in power and to suppress the liberties of the people. They provided, therefore, for a division of power between the three branches of executive, leggovernment islative and judicial. This concept of checks and balances provides ample support and legitimacy to the proper role of the Senate to ensure a sense of judicial and ideological balance in our highest court. The Senate, therefore, should conduct a complete and thorough examination of Bork's ideology because, in the final analysis, this is what the battle is really about. It is absolutely critical that judges on the Supreme Court continue to represent a balanced point of view. — Guild Readies Itself to Oppose Bork, Contra Aid by Andrew Bechard and Molly Dwyer The National Lawyers Guild is a nationwide alternative to the American Bar Association and its centerist, non-progressive perspective on the law and the legal community. The Guild was formed in 1937 to provide attorneys with a membership association which opposed the conservative and racially segregated American Bar Association. At the time of its formation, the Guild actively supported the legislation of the New Deal, helping to win many advances for labor, the unemployed, and other working people. Since formation, the Guild has provided legal support to virtually every progressive struggle in this country for economic, social and political justice: from the labor movement in the 30's and 40's, the fight against McCarthyism in the 50's, to the civil rights, antiwar and women's movements of the 60's and 70's, to the antiintervention, anti-nuclear and gayrights movements oftoday. "Guild Perspectives" will be a regular column devoted to issues of national or local interest that the Buffalo chapter of the Guild is working on, organizing for, or interested in. The Buffalo chapter is a comparatively young chapter; in 1974 Guild members (such as current National Guild President Haywood Burns) came to Buffalo to defend prisoners accused of participating in the 1971 Attica prison rebellion. In the process a Guild chapter was formed, and after the trials 2 ended the chapter continued on. The Buffalo chapter of the Guild strives to provide a forum where all members of the legal community can get to know one another. We provide an opportunity to discuss political-legal issues of importance to the ongoing struggles for economic democracy, social tolerance and political justice. The Guildallows all members of the legal community to become involved in its discourse and decision making not just bar-admitted attorneys or law students. In keeping with anti-elitist, non-hierarchical and democratic standards, jailhouse lawyers, legal workers, and law students as well as attorneys can become Guild members. There is even a catch-all category for an all-inclusive membership called "friends of the Guild." For those of us who are law students, the Guild provides an opportunity to do progressive work, as well as to address issues of law which may not necessarily be covered by the law school curriculum. Some of the major Buffalo Guild projects of the past have been: a community law school outreach project, numerous film series on labor and international human rights issues, a labor conference, and always a neverending stream of speakers and presentations addressing Guild issues. Our most active ongoing project is the Prison Task Force (PTF). The PTF conducts a program on legal research and writing for inmates at Collins Correctional Facility, and utilizes Guild members and other The Opinion September.16, 1987 — volunteer law students to facili- tate the lectures and small group teaching format. You do not have to be a Guild member to volunteer to assist in the PTF. If you are interested at all in criminal law, prisoner rights or the correctional system, a trip to Collins (a New York State medium correctional facility) is an excellent way to experience and familiarize yourself with the varied issues of discipline and punishment. Other Guild projects that were active last year were the Latin American Task Force, the Labor Task Force, and a Women's Rights Task Force. There were presentations and films about Chile and Nicaragua, as well as informational tabling on the war in Nicaragua and fund raising for a Nicaraguan medical relief fund. A successful fund-raising ef- fort was begun for Haven a Buffalo batteredwomen's shelter. Informational tabling was also done on the ongoing flight of Trico Inc. (an auto wiper blade manufacturer and major Buffalo employer) to new production facilities in Mexico. House, We are hoping that all of the task forces that were active last year will do even more this year. With an increased budget allocation from the Student Bar Association we are hoping to take on even more campaigns and issues. What we need are progressive law students with ideas, imagination, and energy to keep Guild projects growing and expanding, and we look to you for assistance. The first major Guild project of the fall will be an informational tabling and letter-writing/ petition campaign on two issues. First, to stop the appointment of Robert Bork to the United States Supreme Court, and second, to thwart a renewed effort by the Reagan administration for new contra aid for the 1987-88 fiscal year. The present fiscal year ends on September 30 and that is when the administration is ex- Kanner from page I After law school, he was the pro se law clerk for the Second Circuit, dealing with civil rights and constitutional cases. In 1978 he joined the ACLU, where he remained for eight years. At the ACLU he was a Karpatkin Fellow, one of three lawyers running the Supreme Court litigation docket. He was very busy in that role, as the ACLU is thesecond most frequent Su preme Court litigator. He was actively involved in the successful U.S. v. The Progressive litigation, a major first amendment case regarding government suppression of an atomic bomb secret story. - In 1984 he took a leave of ab- sence to serve as the associate director of the Democratic Platform Committee and was in- volved in writing and presenting the platform at the 1984 convention. After the convention, he joined the Mondale campaign as the domestic policy coordinator and was also responsible for criminal justice policy. In January he joined the UB Law School faculty. He taught evidence last semester, and is pected to make its push for $150 million in new contra aid. We need your help and participation. If you are interested in assisting on any of these projects or feel that you need more information on these issues, please stop by Room 118 in O'Brian Hall and someone will assist you. Next Week: More on the "Just Say No to Bork" campaign and contra aid. currently teaching criminal procedure and a seminar in law and national security. Next semester, he plans on teaching federal courts and a seminar dealing with the jurisprudence of the Cold War. His published works have focused mostly on the history and institutional operation of the Supreme Court, civil rights, and criminal justice issues. Prof. Kannar is very happy here at ÜB. He thinks the school is "terrific," and sees the students hereas being theprimary reason why. "I feel that the admissions process does a good job of selecting students with ideas, as opposed to those who emphasize rules. That goes double for the faculty," commented Kannar. He sees more openness to new ideas here than what he was used to elsewhere, and views students as "mature and intellectually very secure." He invites students to comment on his classes and other issues, asserting that he is "more interested in negative feedback than positive feedback." It should be interesting to see if students take him up on that... �Expert Bar Review Where You Want It Egk • 0 y j » L / a hbbm Over 100 Centers Nationwide Offering Proven Preparation For The Bar Exams Of: California Colorado Florida Illinois Connecticut Maine Dist. of Columbia Maryland Massachusetts Michigan New Hampshire New Jersey KAPIANSMH mSTANLEYH L v BAR REVIEW SERVICES k JV representatives David Fretz Deborah Morel Krista Hughes Leslie Greisner Greg Maxwell Michael Lamica New Mexico New York Pennsylvania Rhode Island Texas Vermont Virginia See yourCampus Rep, orcall: s BUFFALOAREA '-'r 1330 Niagara Falls<%^ Blvd. Tonawanda, New York 14150 (• IO) 037*0022 I — ©1987 Kaplan-SMH September 16, 1987 The Opinion 3 �by John Williams B SBA riefs In the past it has been a tradition for the president of the SBA to write a column for The Opinion so, in keeping with tradition, this is my attempt to make the student body aware of some of the issues that the SBA will be faced with this year. First, I think that it is important that we try to work towards changing the course selection for the upcoming semester. Many students have expressed an interest in taking what some would call "traditional" classes such as anti-trust and estates and trust. This will be one of the first issues we will take on in order to avoid administrative responses such as, "It's too late to change theschedule" (no offense to Dean Newhouse). Second, at this point in time we have no real evaluation of the new dean. Only one officer has met him to date. We plan to invite him to an SBA meeting in the near future where interested students can come and listen to what he has to say and ask questions. Third, the SBA will come up with a final resolution about the JAG Corps. For those who are not familiar with the JAG situation, the JAG has a policy of not hiring gay individuals and it is important thatthestudent body come to some uniform resolution about this topic. Last year the SBA did vote not to allow the JAG to recruit on campus but to date CDO has made no decision to adhere to the vote of the SBA. This year we have to see to it that the law school takes a uniform stand on this issue. Fourth, the SBA would like to acknowledge the lOOth anniversary of the law school. We feel that the (lack of) student involvement in this event is appalling. Forsome unknown reason the committee in charge of the celebration, predominantly alumni, chose to overlook the students who are presently attending U.B. Law. No students, to my knowledge, served on thecommittee. There has been no indication that there will be affordable activities at this law school. The event that they have planned for the weekend of September 12 was clearly not intended for Parking AgeBndCAaS:ulrcstio, JG the average law student. It's unbelievable that they would think that we could pay $45 for dinner. Finally, I thinkthat it is important to mention the parking situation, particularly for the first year students. I hope that second and third years realize that for as long as we attend this law school there will be a serious parking problem. What we can do is just keep applying pressure; eventually we may realize some gain from it, but at most a marginal one. It's just one of those unfortunate incidents of being a student at Buffalo. What everybody must realize is that it is also the duty of the student body to inform us of issues that they think the SBA should be working on. These issues can be communicated to us by contacting one of the of- ficers or a class director. In the near future there will be a spot for agenda items located in the mailroom on the SBA bulletin board. Please place possible items for discussion one week in advance of meeting days (these will be determined in the upcoming weeks). When placing items on the preliminary agenda, please leave your name, phone number, and box number. I would like to remind everyone that the class directors will be chosen today and tomorrow and it is your duty to vote for people to represent your class. A special message to third years only one person handed in a petition for third year director. You should ask yourselves what this says about your class. Write-ins are acceptable. — Life, the University and Everything by Daniel Ibarrondo I could hardly believe that I was back and eager to study law again. Gone were the last few days of August where I left my lifestyle as a bohemian beach bum on the shores of Martha's Vineyard. Nevertheless, it's good to be back at UB Law with all the wonderful teachers, students and staff. The first two weeks were interesting, seeing all these eager and anxious law students buying books, supplements and worrying about exams. I happened to be walking by the library one day when I saw two first year students sitting on the bench. I knew they were first year students because of the bags under their eyes, their droopy shoulders from carrying books, hair strands out of place, and legs that refused to walk anymore. I found out upon introducing myself that they were indeed first year students. Genie and Brandy (the names have been changed to protect the innocent) were scolding themselves for having wanted to study law. I was amazed at their intelligence at being able to recognize that law school is not college, or anything elsefor that matter. I agreed that the first year is not anything close to being in heaven. While Genie was complaining about the lack of sleep, Brandy, as if she just went through an enlightened awakening, murmured through her tired mouth (apparently a side effect of the socratic method), "At least I have the option of marrying a man who would take care of me." Without entering into a conversation of the social implications or myth of her comment, I realized that I have just witnessed the beginning of what's going to be a social transformation in the lives of people like Genie and Brandy. I remembered the days when I entered law school and actually thought that jurors listened to the facts, evidence, etc.... and applied the law accordingly. Law school is a great learning place. You will grow, laugh, learn, cry, cry and cry, but in the end you will rejoice, help others and moan, moan and moan. If you're tired of living thefast life, eating in good restaurants, disco dancing till the wee hours of the morning, and enjoying your weekends, then welcome to Buffalo and UB Law School. Consider it a resting place for your hormones, heart beat and adrenalin. Conference Examines Race Issues by Daniel Ibarrondo While the nation celebrates the 200th anniversary of the U.S. Constitution, the National Conference of Black Lawyers Massachusetts Chapter held a conference on "The Constitution and Race: A Critical Perspective" from September 11-13. The conference examined the historical forces which shaped theConstitution's treatment of race and slavery. The questions raised on this topic were important not only because they presented a much needed balance to the celebrations, but also because the an- - swers will inform the work of progressive lawyers and activists dedicated to the fight for a racially just society. The highlight of the conference was the "Constitutional Convention" during which participants considered proposed constitutional amendments designed to address the longstanding inequities in the social, economic and political status of people of color in this country. Some of the proposed constitutional amendments were on reparations (compensation for past injustice), revision of the 14th Amendment, economic rights (the right to employment) and political rights (the guarantee of repto resentation numerical minorities). UB Law School, in its commitment to non-traditional law students, provided transportation and conference costs for five members of the Black Law Students Association to attend the conference at Harvard Law School. Some of the guest speakers were Professor Derrick Bell of Harvard; Margaret Burnham, Esq.; Professor Haywood Burns, Dean, CUNY Law School; Lennox Hinds, Esq., Stevens Hinds & White; and Chokwe Lumumba, Esq. Recruitment 4 The Opinion September 16, 1987 �II cmamicl law outlines j£S ■ ■ Steven Emanuel, the guiding force behind emanuel law outlines, has purchased the J/K Bar Review Course (BRC) and the Sum & Substance books and tapes from Josephson/Kluwer! Jfc « mm JlgL. BOOKS & CASSETTES W Come under the emanuel umbrella! Contact your campus rep to get the details! oiwsiancey rkAh^ 1 emanuel/BRC ' / For more information, contact your emanuel/BRC campus representative or our local office: EMANUEL BAR REVIEW, INC National Headquarters 1865 Polmer Avenue lorchmont, NY 10538 1-800-EMANUEI (914)834-7546 Northern CA 129 Hyde Street Son Francisco, CA 94102 I -800-EMANUEI (415)776-3202 Southern CA 10101 W. Jefferson Blvd. Culver Cry, CA 90232 l-800-EMANUEI (213)558-3100 Michigan Northlond Towers West #501 15565 Northlond Drive Southfield, Ml 48075 1-800-EMANUEI (313)559-7606 MbmMota 1821 University Avenue, #331 St. Pool, MN 55104 1-800-EMANUEI (612)644-6070 September 16,1987 The Opinion 5 �Commentary '' ©PINION " "• " Volume 28, No. 2 Law School Intimidation Ritual , — Starts us on 'Perilous Journey fiSEI STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW f- September 16, 1987 Editor-in-Chief: Krista Hughes Managing Editor: Features Editor: Business Manager: Photographer: by Tom Gagne Zulmaßodon Daniel Ibarrondo Melinda K. Schneider Joseph Conboy Contributors: Idelle Abrams, Andy Bechard, John Bonazzi, Susan J. Clerc, Vinnie Doyle, Molly Dwyer, Tom Gagne John Williams. © Copyright 1986. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. T7k Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials Just Say 'No' to Bork! The nomination of Judge Robert Bork to the Supreme Court is the greatest threat to civil rights and civil liberties in 30 years. His views of the Constitution and the Bill of Rights are out of touch with a growing and changing nation. With Bork being the third Reagan nomination to the Court, there is a serious threat of a solidified conservative majority on the bench well into the next century. The views of this majority will endanger recent hard-won battles in the areas of civil rights, affirmative action, women's and gay rights. What is at stake is the ideological balance of the Supreme Court and how it may rule in the coming decades. Bork favors limiting the Court's role in protecting individual rights; he holds a very restricted view of the First Amendment; he has denounced Supreme Court decisions applying the Fourteenth Amendment's guarantee of equal protection of the laws to women and minorities; he rejects our constitutional right to privacy, and would permit the government to intrude on the most personal aspects of our lives. What the Supreme Court needs is a justice with a more centerist ideology. Bork's right-wing theory is where his nomination will fail. Joseph Biden, (D-Delaware), chairman of the Senate Judiciary Committee, and various other senators have made it clear that Bork's ideology, as well as his academic and judicial credentials, will be carefully scrutinized. We believe that such a strictevaluation is necessary and prudent in assuring a balanced court, and the progressive evolution of the Constitution. Could there possibly be another cultural ritual as malarky-laden as beginning law school? It seems that no matter a school's commitment to cooperation and frank and open consideration of the law (and I'm speaking here oflaw schools in general), students still somehow feel compelled to gullibly swallow and dutifully regurgitate dozens of stories of rabid professors and mystical material, impossible workloads and horrific dropout rates. What happens to these otherwise rational and competent people once they hit law school? What turns these otherwise confident individuals into anxiety-ridden purveyors of doom? It can be nothing less than the traditional donning of the attorney's bi-tonal beanie of fear and intimidation. Now there is little doubt that some professors tend to place a rather heavy foot on the pedagogical pedal. Just as there is little doubt there exists a multitude of ways to succeed in law school, indeed, an entire publishing industry has arisen devoted to just that end. But these realities have little to do with the purpose behind the beanie and why many of us so uncritically continue to scare and be scared. Honestly, would any of us have come this far to be done in by prosaic research problems, heavy workloads or the occasionally disgruntled professor? Hardly. The fear and intimidation we feel and help to nourish is largely an unconscious, learned response foisted upon us by the entire legal structure of this country. From the absurdly adversarial design of the LSAT, to the stories of hordes of unemployed attorneys, to the very real and keen competition for jobs and partnerships in New York and elsewhere, law in this country is meant to be perceived as a tough, possibly perilous undertaking. To what ends the fear and intimidation? As Mr. Steinfeld so trenchantly pointed out during orientation, intimidation and fear are tacitly encouraged by the legal community as a means of insuring future submission to authority. I would like to add that the authority could be public or private, wealthy or not. One of the results is that we, as newly minted lawyers, are so grateful for having survived the law school dragon that when we do eventually land a job, we'll be all that more reluctant to challenge the dominating ideas (read, personality/ies) of the concern for fear of "rocking the boat" and endangering our hard-won positions. This submissive psychology also works to insure a certain martial adherence to discipline and rank, so seemingly necessary to thebusiness world. Ever wonder why employers choose the terms "welcome aboard" to welcome you to the firm? Consciously or not, they want you to believe thatyou have enlisted on the good ship "Law Firm" and that you had better begin behaving like they do in all those John Wayne naval adventure movies if you wish to survive. Leaving aside the reasons for this chronic "power play" mentality of law firms, all this psychological subterfuge may not, on a larger scale, be such Commentary . Apathy at the Law School Once Again ... Once again it is time to haul out the Bender's Legal Forms and find the one entitled "Editorial on Student Apathy." It is then only necessary to plug in the appropriate specifics. The last apathy editorial was written on the occasion of the SBA elections last were spring. Then, two positions secretary and treasurer completely uncontested and the vice presidential race was made interesting only by the entrance of a last minute write-in candidate. The presidency was the only office that was seriously contested. This semester we will be voting for SBA class directors the six people from each class who will represent student concerns to the Executive Board. The candidate list represents a clear increase in apathy and cynicism over three years of law school. Thirteen first-year students are battling for their six positions while only five second-years are running for theirs. In the third-year class only one student actually took the time to solicit the 20 or so signatures necessary to complete his petition, and one other student has indicated her desire to run as a write-in. The makeup of the ballot for this election is both an indicator of growing student apathy and a revealing view of the entire law school experience. We enter law school planning to save theworld but become disillusioned and convinced that we are essentially helpless and ineffective. SBA has the capacity to be more than the law school's main social committee. With concerned individuals occupying the senatorial seats, SBA can take an effective stand on issues of parking and class selection. It can reinforce its position regarding the JAG Corps and very possibly have an impact on ending discrimination against homosexuals at UB within the SUNY system and across New York State. Perhaps this is an idealistic-sounding notion, but a student government which is solidly backed by a concerned and caring student body can potentially wield a great deal of power. Nevertheless, we can complain about lack of parking or inadequate course offerings, but the administration cannot be expected to take seriously a student government which is itself a blatant example that the majority of students do not care enough to take part in the fight. There is one second-year seat open and four third-year seats. They must be filled, and they will have to be filled by write-in candidates. Please vote and consider carefully whom you write in. You can make a difference by making SBA a strong forwardmoving force. — — — 6 The Opinion September 16, 1987 Not Tonight, Honey. Quick, pass the Tylenol. Extra Strength Tylenol, that is. You see, I'm a veteran of the UB Law School registration process and, to quote the Florida Department of Tourism advertising campaign, "I need it bad. Mom." The registration process has always been the target of much student dissatisfaction and dis.pleasure. So, the folks on the third floor will probably roll their eyes upon reading this. But the past three weeks of frustration and aggravation demand that something be done about this annual rite of neurosis. What follows are one student's thoughts about the system, as well as some suggestions: Less Than Four Classes Whatever else is done, one thing must absolutely go: when a student who correctly fills out a registration sheet is given less than four courses, A & R should resubmit their sheet to get them four classes any four classes. The spectacle of students returning to school only to discover that they were registered for one or two or no classes is one that must not be repeated. Why should these poor students have to stand in line — — — .. and barter and beg just to get their basic load ofclasses when other students, who are simply trying to add another class, are closing out classes faster than those poor souls can add them? Spring Registration Registration for the fall semester should be conducted in the spring, so that students may confer with upper-level students about classes, instead of trying to decideclasses in the advising vacuum brought on by summer vacation. The advantage of this would be that studentscould deal with registration problems before leaving the area, allowing A & R time to find workable solutions to them over the summer. In addition, this would give the administration an entire summer to plan for the upcoming semester and deal with the problem of course supply and demand. More Information I am still in shock that A & R supposedly the control nucleus of the entire process doesn't have a clue at any time during the process as to what classes are closed, how many people are on the waiting list, etc. That is not just inexcusable, it is downright stupid as well. I propose that a system be established whereby as each student adds or drops a class, that — — a seemingly insidious idea. After all, we as future attorneys will possess perhaps the most potent tool for social change a working knowledge of the law. The American legal community is concerned with how wisely we use that power. This is not an ignoble concern. Highly intelligent and persuasive persons in the past have brought their nations to ruin partly because of unstable social structures. The logic runs that as long as change occurs in a slow, brooding and evolutionary fashion, we as a society will be less likely to make serious blunders. American legal institutions believe that as long as its constituents think that there are individual and collective deterrents poised out there to check us if we raise too much of a voice (for instance, critique the type of clients private firms generally represent —rich, or the statutory bias toward a particular segment of society propertied), then the legal status quo will remain relatively the same. That is, the conservatively evolving entity it has historically been. On the other hand, these scare tactics we are now experiencing and fostering and which we will experience and foster in the future could be detrimental to the timely evolution of the law. If we are too afraid to act often enough, how will the law in this country keep up with the scientific and social upheavals we encounter every day? Perhaps we have entered a period that requires boldness instead of fear, intrepidity instead of intimidation. — — by John Bonazzi is recorded on a table which would display to students the current status of each class. This could be done by computer (no, please, not another computer!) but probably the best way is to have student volunteers, sitting by a table adjacent to the A & R window, chart the number of students in each course as students drop/add. Students in that l-o-n-g line could thenreview this information prior to (finally) getting to the window to inevitably have their own request rejected. Student Advising Students need to develop a service in which upper-level student volunteers have office hours to advise other students on course selection, professors, etc. This will go a long way towards filling the information vacuum which presently exists. As I said, this is up to us students, not the administration. SBA, are you listening? Forced Registration If I see another stupid green card This system needs to be scrapped. If the administration adopts the proposal to allow students to help with the process, they can also allow them to keep official waiting lists by which a student is automatically added to the course as another drops. (continued on page 9) . �SBA ELECTIONS Third Year Director Candidates ANDREW BECHARD ,JL Third Year Director As most of you probably remember, I ran an active campaign for Student Bar Association president last year and lost by only 10 votes to the nowpresident, John Williams. Third year students who were aware of the campaign last year know which of the student issues I was concerned about and campaigned on, but I will quickly reiterate them here. My major issue was and still is thatthe SBA should be a progressive, active force trying to effectuate important change in student life and the operation of the law school and the university. The SBA has begun a tradition of law student activism and we cannot let that tradition fade away. The SBA should work in coalition with the Graduate Student Association and Undergraduate Student Association in taking strong, active, and vocal stands that are affecting student life. Parking is a perfect example of a university-wide issue. This is a state institution that up until last year had free and open parking in all lots with no lots being reserved for only faculty and staff. Students should not be discriminated against for an ability or inability to pay for a place to park their vehicle. Star Wars research should not be happening at UB not only because it is defense work but because its classified nature is at conflict with state university guidelines for open and accessible research information requirements. Issues more relevant for the law school are the need for more affirmative action for women and minorities in faculty and staff hiring. The Judge Advocates General Corps (JAGCorps — the legal arm of the U.S. armed forces), is not an equal opportunity employer because of its discrimination regarding sexual orientation. The SBA needs to show a solidarity with the gay community and require the Career Development Office not to allow JAGCorps to interview on campus. The Student Bar Association needs to be a strong, activist voice in the law school and in Second Year Director Candidates JL JOHN BONAZZI Second Year Director I am interested in being a class director because I feel that I can make a positive contribution to the school, as well as because I feel that I have some good ideas and can make a difference. An area of great concern to me is the registration process, which seems designed to maximize frustration while minimizing efficiency. I'd also like to continue my work on the Academic Planning and Policy Committee, and address questions which were not addressed last year. I believe that getting SBA involved in some of these areas can be quite helpful, and I could coordinate such efforts if I were elected to the SBA. ' This year happens to be the anniversary of two dates very important to this school. Itisthe lOOth anniversary of the law school and the 200th anniversary of the Constitution.I would like to see the SBA become much more involved with these events than is presently planned. I will work to get the SBA more involved. Another issue that needs work is the parking mess. It seems to get worse, with Stevie Sample hell-bent on infuriating students with his offensive display of parking-issue arrogance. They went from noplace to park to no place to park with 500 empty, high-priced slots nearby. Makes sense, huh? However, I don't think anything short of anti-psychotic medication is going to get Sample to change his thought-disordered mind. That doesn't mean we can't try, though. — — Lastly, I would try to work with first-year students to have the format of Research & Writing changed in the first semester, now that we have data identifying perceived problem areas. That I would also work for social activities goes without saying. Well, that's what my agenda is. I hope that you will sanction it by marking an "X" next to John Bonazzi on your ballot. I look forward to working in your interest. Thank you. SUSAN MACHELOR Second Year Director My decision to be a candidate for Student Bar Association class director is one to which I devoted a good deal of thought. The following are my conclusions. An effective director must be concerned with the interests of the student body that she/he represents, be willing to devote time and energy to those interests, and believe that she/he can effect change. This last element, I believe, is essential because it distinguishes those who view the Student Bar Association as an ineffective, its powerless organization only benefit derived from resume impact from individuals who regard the SBA as a forum for accomplishing real objectives. The Student Bar Association has the potential to influence many aspects of our law school experience. Its functions include allocation funds to special interest groups, organizations and individuals, acting as a liason with school administration. Of course, we must not forget that the Student Bar As- — — sociation organizes and sponsors those wonderful parties. All of these activities enhance that which school officials provide to the student body. Problem areas that need attention include the current registration "process" (How about those A&R hours of operation during add/drop?); the notorious parking situation which has been aggravated by construction of a new lot for which students pay an annual fee of $100.00 to obtain the privilege of its use (Why not build a parking ramp? It certainly wouldn't harm the ambiance of the campus); and the course selection dilemma which could be sections of popular courses offered. I stated above that the Student Bar Association has the potential to influence change, but it requires work and people that are willing to make a commitment to transform that potential into results. I am one such individual and hereby present myself to you as a candidate for second year class director. Happy voting. JL. KELLY A. OMEL Second Year Director Welcome back! Now that you've finished begging to be let into classes in the hopes of making some semblance of a schedule, the time has come to elect your new Student Bar Association class directors. S.B.A. performs many important functions within the Law School, as well as the community. These functions include voting on matters of importance to the Law School; organizing committees for admissions, faculty appointments, etc.; and organizing social events. In short, class directors represent the students. I've chosen to run for various reasons. One is that I love school! I'm even crazy enough to consider making my career within a university. As a class director, I feel I can offer you fresh insight, enthusiasm, and dedication. Some of you have asked me what my platform is. Simply, it would be to represent ypur needs. As a representative, my actions would, for the most part, depend on your input. Many of you have already come to me with suggestions. One such suggestion was that social activities should be diversified. I agree. I know that many of you would like to interact with your classmates in settings other than that of a bar all the time. Events that S.B.A. has sponsored in the past, such as the Race Judicata and the Law Revue Talent Show, have been successful. I would like to see more of these types of activities. One common and obvious complaint that needs to be addressed is the state of the current registration procedures. Although I cannot promise to completely solve this problem, I can promise to do my best to improve the procedures. If elected, I would be receptive to all your suggestions and would do my bestto implement as many as are practical and possible. I would be honored to be a representative of our second year class. LISA SIZELAND Second Year Director There is a new dean coming and the S.B.A. must be a body the university if it is to be a releinstitution in improving student life. I hope you will support me in my run for a third year director position. vant JL MOLLY DWYER Third Year Director My name is Molly Dwyer and appreciate it if you vote would I for me as one of the third year SBA directors. Just write my name in on the ballot and I promise to dothe best that I can to represent you and the interests of our law school and our community. Thank you very much. That's M-O-L-L-Y D-W-Y-E-R. that ACTS RATHER THAN REACTS. When Dean Filvaroff arrives he will want to hear student input and we must takeadvantage of this opportunity to influence our law school's future. This is New York's only state law school and it must rightly take its place among the nation's finest. Issues There are several problems at this law school that a well organized S.B.A. can address: 1. Many of you were closed out of courses you needed to take. Should this be happening at a top law school? 2. An advisement system should be developed to guide students in their course selection. 3. The S.B.A. should articulate and actively implement its policy for faculty and course selection, emphasizing a balance between the theoretical and more traditional models of legal education. 4. Do you really know what the S.B.A. does? The S.B.A. must serve to inform students of their rights and responsibilities and organize to meet these needs. Action TheS.B.A. must serve as both legislator and judge. Its pronouncements must balance competing opinions in a responsible manner. With your assistance, I will make a difference by aggressively pursuing solutions to U.B. Law School's ' problems. I will listen and employ my good judgment, guided by my sense of student opinion, within the confines of my con(continued on page 9) First Year Director Candidates BILL BEE uL First Year Director The hard part about writing this has been the beginning. Knowing this was really thefirst time a lot of you were going to meet me, I wanted to have one of those good old-fashioned, dyed-in-the-wool, amazing opening lines. So I thought about it for awhile and decided to quote from one of the most famous campaign openers in recent history. "Hello, my name is Bill Bee, and I want to be your next president!" Then, of course, I realized: (a) I'm not running for president, and (b) in light of his administration, it might not be such a good idea to quote anything from that particular candidate. Anyway that brings us back to my search for a witty opening, but by now you are well into the article and therefore any opening line would be somewhat anticlimactic. . S-o-o-o why don't we dispense with the opening and get into why I think you should vote for ME!!! As we all know by now, the first year.is as hard as they said it would be. We are all just trying to figure out such exotic concepts like mens rea, specific vs. general intent, and just what does rule 11 mean? (And to all you section three types, will we ever learn what a contract or a tort is?) So why would anyone be fool enough to want the additional responsibilty of being your class rep on SBA? Well, to be completely honest, I can't help myself. I was so involved in student affairs as an undergrad that going to 10 meetings seems like a normal part of the academic week. There are a lot of things that affect our everyday lives that we have no power over but, as students, these things could become additional obstacles we don't need. For instance, now I love poor Bill Hart and I think he's doing the best job he can, but with the complexity and scope of the financial aid situation, don't you think it's high time we got a full time staff member to handle financial aid? Hey, let's face it, first year is tough. Why don't we start a law school "each one help one" program, where an upperclassperson could show the ropes to an underclassperson. So let's see, what else do we need to help our first year? We go to class all day then go home and read all night, just so we can go back to class to find out how much we didn't understand sounds stressful? You bet!! That's why one big function of SBA should be to provide a social setting forthe positive relief of stress accrued during the week. PARTY!!!! Hey, — who said law school couldn't be fun? I've tried to give you a little insight into where I'm coming from. I really believe that student government can help bring a big change for us, the students. We need to be the little voice the administration hears before they make thepolicy that totally disregards the students. After all, we pay tuition and things should work in our favor. I'd like to work to make sure the administration remembers that. Oh yeah, my name is Bill Bee and I'd like to be your first year class director. (continued on page 8) September 16, 1987 The Opinion 7 �First Year Director Candidates . . . . VANESSA BLISS First Year Director .JL, I, Vanessa Bliss do declare to be a candidate for First Year Director of the Student Bar Association. I have had many experiences in leadership posi- tions during my undergraduate holding these positions, I have learned to work effectively with the student body and the administration. I also volunteer for various local organizations and political officials. These experiences have sharpened by skills in communication with people and helped me realize that to be a leader, you must do everything within your power to serve the people you lead. The power of Student Bar Association is far reaching in that it affects everything the University has to do with law students. As a Director, I will be one of the voices of the first year class. It is important to me that the First Year class has reliable and fair representation when the SBA makes decisions concerning students. I am willing to do everthing within my power as a director to ensure that reliable and fair representation is before the SBA. I am asking for your support to elect Vanessa Bliss for First Year Director, SBA. If you have any questions, please feel free to leave a message in mailbox #21. Thank you. years. As a result of MARTIN COLEMAN JLFirst Year Director My first inclination to run for the position of SBA director came from a desire to maximize my input into the decisions that affect my life at this Law School. My second inclination would be to expand the role that SBA has in the political life of this school. What would that mean more specifically? For one, to gauge in some way exactly what do the students of this school want from their legal education here? If I am supposed to represent someone I first need to know what they want me to do for them. A questionnaire/survey addressed to all first year students would be the most logical way to do this. I intend to do just that if elected. Another way to expand SBA's role would be to expand contacts with other student governments on this campus. During the time I spent here as an undergraduate, I lamented the lack of cooperation between the Law School students and the graduate students and professional students, both of whom we share a lot in common with. We could co-sponsor events, organize joint sym- Thank you for your consideration. ANNE DOEBLER First Year Director I am Anne Doebler and I am running for a first year director position on S.B.A. Since I am a first year, I am not yet familiar with all of the issues, however there are a few things I feel are important. First I would like to see a law student lounge, to facilitate not only socialization but also to provide a place for academic discussion. Second, I realize that while academics are foremost in our minds, relaxation is its necessary balance. I would favor more S.B.A. sponsored social functions such as happy hours, open bar parties downtown, a Miss Buffalo cruise, casual Saturday volleyball tournaments, a tailgate party or maybe even a bus to see the Bills and I would always be open to new suggestions for social functions. The final issue is that of parking. I don't believe that there is any simple solution to the problem but there are steps that could be taken to make parking more bearable. Shuttle buses could run more frequently and their schedules could be better publicized, and a car pool bureau could be set up in an effort to reduce the number of cars on campus. As far as the issue of pay lots and registration fees goes, I am against them. I don't feel that advantages should be given only to those who can afford them or that we should pay a fee that would in part support the new pay lots, not to mention that this registration fee would in effect eliminateall free parking on campus. I am open to discussion on these or any other pertinent issues. KATHLEEN DOYLE ,JL, First Year Director My name is Kathleen M. Doyle. If elected as a First Year Directorfor Student Bar Association, I will devote as much time as possible to addressing whatever issues may arise. I think one area of concern which is already clear is the parking situation. Although I am not positive if there are any feasible avenues for change available, I think that Law students should have their own free parking lot. Another issue that should be addressed is the need to relieve academic pressures with a weekly happy hour. I don't presume to know all theissues that will be relevant to the S.B.A. But I can say that I will be open minded and available to discuss all issues that students may feel are important posiums, etc. asalyn Dubois -jl One pet project that I would like to initiate is to see if there First Year Director Hello, my name is Asalyn would be interest in opening up Dußois and I would like to be a a Native American Legal Studfirst year delegate to the Stuies Center here. I don't think dent Bar Association. there is a university better at"Why?" you may ask. Not betuned to developing such a cause I have a vast amount of program than SUNYAB Law School. experience serving as a representative, my experience is liIt is right up the alley for the mited to student councils in experimental milieu of the faculty here. There is a large conhigh school and college, and not because I think that my centration of Native Americans ideas are going to generate any from the Iroquois tribes right sweeping changes in the law here in Western New York and school, although anything that the American studies departis discussed I will represent the ment here already has a fine view of the first year students. Native American Studies comMy best qualification, by far, ponent to integrate with and build upon. is the fact that I am a first year Lastly, I just want to say that student experiencing the same I'll do my best to be an active academic and social challenges as all of the people I hope to representative in as democratic represent. a manner as possible. The Opinion September 16. 1987 8 This qualification is also the biggest incentive I have for representing first year students' opinions on issues because these decisions will also affect the quality of my educational experience here at UB Law, and just like my classmates I want this school to be a comfortable environment in which to learn. "Comfortable" can mean different things to different students, and the Student Bar Association is a way to generate these comfortable changes, be it talking with the administration to help solve financial aid problems, to alleviating the problems of parking, to talking with other students about the best time and place for the next party (a very critical aspect of anyone's law school career!).. My outspoken nature makes it easy for me to approach people, and by the same token, I hope people will not hesitate to stop and talk with me about any concerns they may have. Of course, after a whilethe conversation may turn to some of my favorite topics: photography, theater and dance, or current movies. In addition, if anyone has any questions about Buffalo or the Western New York area, like where to eat, shop, et cetera, I may be able to help you out. I have been making my home in Orchard Park, New York (home of the Buffalo Bills' stadium), so I am rather familiar with the area. Unfortunately, with the structure of first year classes I primarily know students in section 3.1 look forward to meeting students in sections 1 and 2, and I hope we all have a very successful first year! .JL, PETER FARRELL First Year Director Peter Farrell as First Year Class Director will make your first year of law school be the best that it can be. There haven't been that many opportunities to meet each other outside of class. The party last Thursday night at Molly's was the first chance for most of us to gettogethersocially. Student Bar Association funded parties such as these are an important part of a class directors function. They serve as an acquaintance period for new students and as a reunion for old ones. There should be as many as possible throughout the school year. As a class director, I would propose an intramural sports program exclusively for the law school. There would be competition within each section and the winners would play the other sections. This will allow each section to form a cohesiveness and also allow for an interaction between sections. It is important to know the individuals in our own section as well as those in the other two. Law school can be more than just a pure learning experience, and it should be. It's a cultural experience which should be exploited to its fullest. The more students that know each other the better for both us and the law school. It's up to the Student Bar Association to help achieve this goal by continuing to take an active part in the student body. My experience in undergraduate student government has shown me how vital student government can be to a school's environment. As class director I will continue to make the S.B.A. work for you. Vote for Peter Farrell on election day lAN FITZPATRICK First Year Director +. My name is lan Fitzpatrick. I'm a first-year student in Section 11. As one of your Student Bar Association Directors, I will push for the following: 1) A professional financial aid administrator. This law school needs a person who can devote his or her full energy to addressing the financial needs of the students of this law school. Many professional schools across the country provide their students with a full-time financial aid administrator. This law school desperately needs one. 2) Improved information resources. All too often, first-year and transfer students have a range of questions that need answers, but might not know from where or whom to get the answers. A useful solution to this problem would be the development of a law school resource handbook. Such a guide would be invaluable to students as they make their way through the law school's bureaucratic channels. In addition, this law school needs current brochures and application materials for those who apply to this law school in future years. This is a necessary tool in the competitive area of law school admissions. No applicant should ever receive dated and inaccurate information about this law school. 3)More social and educational programming. The social functions of orientation week allowed many to meet and to make friends. We need to carry that momentum throughout this year by having several social activities that would enable first-year students to make more friends as they have fun. In addition, I will push for educational programs involving students, faculty, staff and the bar organizations of Western New York that would increase our awareness of the law school community and of the legal profession. As the only law school in metropolitan Buffalo, we are the ambassadors of legal education for the region. Each of us has a responsibility to assume a leadership role by helping where we can make a contribution. We need to inform people about this law school and the opportunities for legal education here. I intend to do what I can to reach out to campus undergraduates and to traditionally underrepresented groups who are interested in attending law school. If you share some or all of these concerns, remember my name when you exercise your vote in the upcoming election. ,JL IVAN KHOURY First Year Director Ivan Khoury is a highly moti- vated individual that is cognizant of the needsof first year law students and is capable of rep- resenting his classmates as a director of the Student Bar Association. Even though the semester has justbegun, Ivan hasearned the reputation from his classmates of being fair minded and an advocate for such concerns as expanded library hours, to issues that include greater interaction and communication between law students of all sections and classes. Ivan is also a proponent of an adequate student lounge where commuters and resident law students could discuss and interchange views to further advance their legal learning experience. Being new ........ from page 7 to this area, Ivan is desirious of expanded information service so that students, like himself, can experience the cultural advantages that the Western New York area has to offer. As a graduate of New York University, with experience in student government which includes being co-chairman of the New York University Program Board, Ivan sincerely asks for the opportunity to be your representative on the Student Bar Association. DAVID LUCIANO UL First Year Director David Luciano brings to his first year law class a wide range of active student political experiences. These experiences are highlighted by being chosen for an internship by the Leadership Conference on Civil Rights. This honor took David to Washington, D.C. to lobby for the Civil Rights Restoration Act of 1985. Although a quiet individual, David is a combatant for those causes that are important to all factions of his class. Many of these issues are being presented by otherfine candidates, but David Luciano can not only articulate these issues but he can also take leadership on them. David is determined to enhance and make a contribution to his class, the Law School, and the legal education process. Please support David Luciano on Student Bar Association election day. TROYOECHSNER First Year Director W Well, the first thing I want to say is "parking". The bureaucratic bozos who built this place had as little common sense as they did asthetic taste. The solution is simple: build more parking space. Students have complained for several years, but theUB administration has channelled student criticism into meaningless task forces and committees. I've spent my last four years working as a community organizer. I learned that arguments and complaints are not always enough: we need to put direct pressure on the person responsible for granting our request UB President Sample. I'm pissed about parking and I'll work to put direct pressure on and I'll President Sample undoubtedly need your input and assistance. Among the many other issues I'd like to work on is maintaining and increasing access and quality of education at UB Law School. A good way to do this is for us to join the Student Association of the State University of NY (SASU). For fifteen years, SASU has effectively unified students throughout SUNY to keep tuition low, fight for students' rights, and increase financial aid as well as university funds for faculty and other quality improvements. In short, through SASU we can work to keep costs low and quality high at UB Law School. CHRISTOPHER REO ,JL. First Year Director The most important criterion for anyone seeking office as a Student Bar Association Director is commitment. We need people who will stand firm for all interests on campus and are willing to devote their time, energy and knowledge. I stand as a candidate ready to make this promise with the hope of making the SBA and the groups (continued on page 9) — . �First Year it supports a better funded, better respected and more in- volved organization. Having worked in the N.Y. State Legislature, the U.S. Senate and the Environmental Protection Bureau of the N.Y. Department of Justice, I have seen what effective government can do. If new ideas are offered generously and people are willing to workfor what they believe in, government can be a positive force in promoting the many diverse interests of the community it has been chosen to serve. A great part of my experience has come from within school government and charity organizations. As a Class Council and Students to Oppose Poverty Representative at SUNY-Albany, my main involvement was as an event and fund-raising coordinator. I learned that a few people can make a difference if their commitments remain firm, and if they receive community support. The issues within UB Law School are new to me and I don't feel qualified enough to make any promises. But, with your help, I will stand committed to know what these issues are and to represent the interests of first year students as well as theLaw School community at large. JUDIZIRIN First Year Director My name is Judi Zirin and I'm running for one of the six Student Bar Association First Year Director positions. Some of you 1987 2. DAILY NEWS Februay Monday. from page 8 may have heard me joke that I'm running on the "happy hour" platform. To be honest, that isn't far from the truth. In a demanding situation like law school it seems all too easy to become narrowly focused on one's coursework, to the exclusion of all other issues, interests and concerns. I think it's important to make law school a more comprehensive experience. The 5.8.A., through support of a number of special interestand student groups, helps make that possible. The S.B.A. seems to encourage student unity, as well, through parties and social events as well as basic advocacy of the student position in the Law School. At this point, a couple of weeks into the semester, it's difficult to be aware of all of the issues on which representation is useful or necessary. A few concerns, like parking and financial aid problems, have quickly become evident. As S.B.A. First Year Director, I would consider my most important function to be one of representation becoming aware of student concerns and working to improve them. Basically, I am interested in working with students and for experience rather thanthe humiliating "rite of passage" into the legal profession law school is sometimes seen as. I'd like your vote for S.B.A. First Year Director because I feel I have the insight, enthusiasm and determination necessary to meet the needs of our class in making law school the best experience possible. - Second Year Director Candidates science when addressing vital issues. Experience As an active member of the Law School Library Committee, I successfully prevented closing of parts of the undergraduate a move that would library have caused congestion in the law library. In college my peers named me student government representative of the year. Thus, I have many years of experience dealing with university bureaucracies, and making those bureaucracies respond to student needs. — GREGORY M. VINAL ,JL, Second Year Director I know that you have seen statements of student government candidates in both your undergraduate years and your first year of Law School, and even though you may have read them, you probably did not care, to any great extent, who won. I will keep my comments brief, in an attempt to avoid the flaws common to statements of this type. Let me just state that I am generally pleased to be a law student at U.B. I feel that the environment created by the students and the faculty's attitude toward teaching are first-class without being unnecessarily oppressive. This atmosphere is a valuable resource and Student Bar Association should strive to maintain it. While S.B.A. should address major external political issues if it is apparent that the stance is reflective of general student sentiment, S.B.A. can be most effective focusing on issues in- from page 7 volving the Law School and the University in which it functions. I cannot promise to implement any specific program, but I do plan to bring up some particular issues. Among them is some alternative source of books and improvements in the physical facilities of the Law School. Yet S.B.A.'s success is a function of your involvement. Generally, most students are "armchair prophets." They eloquently articulate what "oughttobe." I am willing to take one step further and occupy the office of class director, providing the legs of the ideas proffered by my class. Without your suggestions, my effectiveness will be limited by my capacity for innovation. I encourage you to vote for me and to participate actively in S.B.A. this year. Not Tonight from page 6 The student thenknows what place on the list he/she is, and can actually plan (a novel concept in UB registration) to add other courses if his/her place on the list is rather low. The benefit here is threefold. The student knows what's going on; the administration develops— apparently for the first time a sense of what is going on; and professors are relieved of the misery of dealing with those $&@!# forced add cards. I'll bet the profs will really go for that. — The Lines Any rational discussion ofthe registration process would be substantially incomplete without a plea to reduce that A & R registration line. To be more precise, that single, l-o-n-g A & R line. A & R can do one of three things: extend those meager A & R hours during the drop/add period, make two lines, or get another computer. Doing all three wouldn't hurt; actually, A & R could just get a loaner or rental terminal or two for two or three weeks. If the university wouldn't agree to this, the law school could then do what our profession does best: threaten to sue. Attitude I expect that when A & R reads this, they will have a classic bureaucratic response. Having heard complaints about their process each and every semester, they will see this as another complaint, and promptly file it away. However, the registration process is inefficient and changes are necessary. Nothing will change until they accept that last fact and act on some proposal, whether it is one of mine or one of theirs. I don't care which, just as long as they act. In sum, the present system can best be described by the word "schizophrenic." While it's tempting to scrap the whole shootin' match and begin anew, that really isn't necessary. By instituting these reforms, at least some of the more pressing problems can be addressed. Hey, it's a start. Long arm of the law board Law school grads grind for the big one By GAIL COLLINS DW New» Sun Wntar An unidentified student walked into the BAR/BRI law board preparation lecture at Town Hall the other day, flashed a "V" sign and then vanished, grinning, forever. NEWSPAR* PICTURE YORK'S NEW Thanks to a change of heart by law board graders, he and 29 other summer flunkees had been rescued from a winter of four-hour surveys of contracts, torts and suretyship. "Can you imagine that? It would be like winning the lottery—my God," breathed Fred Tecce. A recent emigre from Pennsylvania, Tecce is taking the boards for thefirst time this month, and thus has no hope of a last-minute reprieve. The Happy 30 missed passing the summer boards by a single question, and were salvaged by a persistent fellow victim who convinced the Board of Law Examiners that multiple choice question 28 had two possible correct answers. "It took me weeks to realize I wasn't going to have to take that test again—and that I would never have to sit through another rexriew lecture." said one of the 30, who is now tending bar and requesting anonymity. Wrinkled warriors Last Friday night, hundreds of less fortunate young men and women—dressed for success but wrinkling rapidly—were slumped in the plush red seats at Town Hall on W. 43d St, stoically contemplating the prospect of a four-hour review of the wonders of commercial paper. "This is terrible," said Janet Ramusack, 29, who had been napping on the shoulder of her seatmate, Phil Levine. "We knew each other before," explains Levine. "This is not a bar exam romance." Preparing law school graduates for the bar exam is a mini-industry. BAR/BRI, which rents Town Hall for its lectures, draws about 4,000 local customers a year for summer and winter sessions, at up to $825' a head. The winter classes, veterans say, are much bleaker than the summer ones. "They laugh at your jokes more in summer," says BAR/BRI director Stan Chess. Most winter students work all day, go to lectures all evening, and spend Saturdays at the office. "During the week we can only put in seven to eight hours a day, which is not enough for a law firm," said Ramusack. On Sunday, she added grimly, she returns to Town Hall to watch movies of missed lectures. The winter crowd's depressed mood is not improved by a heavy concentration of summer bar exam casualties. No one's, spirits appeared to be elevated by STAN CHESS lecturing law school grads preparing to take bar exam. the discount rates for repeat customers. "The last place they want to be Iβ Pieper's course," says John Pieper, who runs another popular lecture series. "It's almost like going to a 42d St. peep show. You don't want to be seen." To motivate the flunkees, Pieper says, he points out: "How fortunate they are. There are a lot of people who never got into law school." Sagas of students rescued from disaster or plunged into despair by errors in grading the law boards are a popular John rocmmly news up the victims. students had The scene, he says, was a cocktail party, where two Chess, whose students have included retired Weatherwoman Bernadette Dohrn (who passed the first time out) and Robert Kennedy Jr. (who didn't), says the very worst story about bar exams he ever heard happened in Vermont. ers for bar exam essay questions were having a casual psyching ("Those peaked.") (c) lawyers who served a* grad- conversation. "Suddenly one of them says: 'What do you mean 10is the high score and zero is the low score?" For five years, it turned out, he'd been grading every paper backward." 1987 New York News Inc. Reprinted with permission. topic at Town Hall these win- ter evenings. There was, for instance, the dreadful time a computer error was uncovered, giving 35 new people a passing score, and causing 26 others who thought they were already lawyers to flunk retroactively. "That was 1980—it was said Pieper. who had a lot of trouble ta/fc/jf September 16, 1987 The Opinion 9 �■ i J 1 ij J ij 11 i HgH * * * Pieper Reps * * * Thomas Colson Sharyn Duncan Terrance Flynn 10 William Grieshober Diane Harris Mary-Jo Herrscher The Opinion September 16, 1987 James McClusky Miae Park Martin Pekin Margarita Ramos Shelly Rice Susan Rogue Amy Sullivan Thomas Theophilos �The Moot Court Board, with the support of theBuffalo Law School Alumni Association, is proud to announce that theFirst Annual Charles S. Desmond Memorial Moot Court Competition will be held September 23 through November 7. 1987. Participants will be judged by distinguished members of the local bar, faculty members and Buffalo Law School alumni. The Board invites all second and third year students to compete in this pretigious intraschool competition. The dates for the Desmond Competition are as follows: Mandatory Organizational Meeting September 14 Problem Made Available September 23 October 23 Briefs Due October 24 November I Practice Oral Rounds Preliminary Oral Rounds November 2-4 November 5 Quarterfinal Oral Rounds November 6 Semifinal Oral Rounds November 7 Finals and Banquet Again, the Moot Court Board looks forward to meeting the participants and to an exciting competition. - Brian Michael Martin, Executive Director Susan Gigacz, Assistant Director Barbara Johnson, Secretary Cora Alsante, Treasurer Julie Freudenheim, National Competitions Director WORKSHOP ON Freedom of Information And Privacy Legislation In the United States, New York State & Canada SUNY AT BUFFALO Center for Tomorrow • Amherst Campus Friday, October 9,1987 1:00 P.M. —3:30 P.M. 1:00 P.M. Introductory Remarks Joseph W. Palmer, Associate Professor School of Information and Library Studies SUNY Buffalo 1:10P.M. Freedom of Information and Privacy Legislation in Canada Bruce Mann, Assistant Commissioner Office of the Information Commissioner Government of Canada 1:40 P.M. Questions 1:50 P.M. Freedom of Information and Privacy Legislation in NYS Robert Freeman, Executive Director New York State Department of State Committee on Open Government 2:20 P.M. Questions 2:30 P.M. Freedom of Information and Privacy Legislation in the U.S. (Federal Legislation) George Kannar, Associate Professor Law School SUNY Buffalo (Former Staff Counsel National Office ACLU) 3:00 P.M. Questions 3:10 P.M. Open Discussion 3:30 P.M. Close REGISTRATION: Registration is free but advance registration is requested. Please send name, address, affiliation (if any) to: Dr. Joseph W. Palmer SILS —SUNY Buffalo 303 Baldy Hall Buffalo, NY 14260 OR CALL: (716) 636-2412 for further information, or after September 25 to check on availability of space. This program is sponsored by theSchool ofInformationand Library Studies and theCommittee on Canadian Studiesat SUNY Buffalo. Phi Alpha Delta Explains Itself With 169 chartered law school chapters and 87 alumni chapters, Phi Alpha Delta (P.A.D.), founded in 1902, is the largest international law fraternity of its kind. Some of the outstanding leaders of ourtime are members of P.A.D., including Warren Burger, Mario Cuomo, Edward Kennedy, Jimmy Carter, Geraldine Ferraro, Casper Weinberger, Gary Hart and Barry Goldwater. P.A.D. is a professional fraternity that services the law students and the law school by assimilating the law student to the law school environment. For example, our law school chapter last year published a student directory. This student directory included not only the names, addresses and phone numbers of our fellow law students, but also included the rooms and phone numbers of faculty members and all our various law school organizations. P.A.D. also assimilates the law student to the legal profession by providing access to alumni members. The international P.A.D. alumni network can be used by the law student in order to meet practicing attorneys and discuss various aspects of law practice or job prospects in a particular area of law. The job placement program run by our local chapter can provide the law studentwith access to valuable work experience with a local law firm. Nearly one out of six attorneys are members of P.A.D. Equally important, P.A.D. brings the law student closer to the student body. Each semester P.A.D. sponsors various social functions to allow law students to unwind and meet one another. For example, each semester P.A.D. sponsors a racquetball party with unlimited racquetball time, wallyball, and all the wings, pizza, beer and soda the law student can consume. Our law school chapter included 63 law students last year making P.A.D. one of the largest law school organizations on campus. If you would like more information, contact any of the officers listed below. Barry Stopler, Chapter Justice, #840 Edward Joswiak, Vice-Justice, #745 Forrest Strauss, Marshall, #842 Richard Wong, Clerk, #867 Bruce Frankiewich, Treasurer, #704 Joe Ferraro, Historian, #696 Derek Akiwumi, Tribune, #301 Parking from page I versity Professions and the Civil Service Employee Association havefiled grievances regarding the pay lot at Fronczak. The unions claim that their contracts require any parking changes be negotiated with i them. Black said disposition of the grievances and negotiation regarding further changes may hamper efforts to begin charging registration fees next semester. The plan to implement preferred parking met with criticism from Williams because of the high prices to be charged. Under the recommendation of the task force, the $100 per year fee will be the same for faculty members, staff and students alike. "Charging students and nonstudents the same rate obviously shows favoritism to those who have higher incomes," said Williams, who earlier had told Black that few students could afford the $100fee. "They (the administration) have tried to exclude us, the students, from the good lots." Williams also expressed his concern to Black that the task force on parking should be made into a standing committee. The task force was disbanded when its report was finished, though Black says it may reorganize in a year to check the progress of its recommendations. "The parking problem is ongoing, so the task force should be a standing committee," said Williams after the meeting. The report by the task force, presented February 24, 1987, makes 20 recommendations ranging from various pay parking plans to the construction of a parking ramp on the Amherst campus. Black said that the recommendations were reviewed with approval by U.B. President Steven B. Sample. Sample then distributed the recommendations to the university's various vice presidents for implementation, according to Black. Black says most of the responsibility for making the parking changes falls with Edward Doty, vice president of finance and management. It was Doty who announced the Fronczak pay lot and the plan to charge the $10 registration fee of all drivers. According to Black, the real problem is not a shortage of parking spaces. "The real problem is that there are more cars than convenient parking spaces." Making the same observation, the report of the task force notes that the "era of free and convenient parking has come to an end." According to Black, further changes will be made. "The Fronczak lot is a small piece of a larger plan. What's coming is more interesting than what has happened." When asked about the effect that student input will have on any new changes. Black emphasized thatthetask force was formed in response to student input, and that the administration will still listen to any student voice. The Buffalo Law Review The Buffalo Law Review is pleased to announce the new lass of associates for the 1987-88 academic year: Joseph Allen Valeric Biebuyck Holly Baum Peter Carter Daniel Devine Douglas Dimitroff Vincent Doyle Vincent Dunn Patricia Erickson Vincent Falvo Brenda Freedman Steven Gaynor Frank Herdman Martin Hockey Bruce Ikefugi Richard James Karen Kaczmarski Kathleen Kaczor ELECTIONS FAST y M Emmanuel Nneji Michele Perry Laurie Pierwsza Kevin Quinn Jeffery Sendziak Erik Sobkiewicz Lisa Stidman Diane Tiveron Norman Viti Susan Weber SBA OFFSET • PRINTING • SERVICE • COMPETITIVE q Michael Niederbach VOTE TODAY • PROFESSIONAL TYPESETTING p E Thomas Laurino Glenn Leonardi John Mangan Lisa Massaro Gregg Maxwell Robert Milne Deborah Morel pricing MANY • DIFFERENT E S« TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! jj LoLKO fcfcdiW 3171 Main Street (Main S. of Winspear) Buffalo, NY A35.0100 1676 Nia. Falls Blvd r~*y~!<~1 j[Apll £jVj) 1" ' (tent* from K-Mart) Tonawanda, NY 834-7046 lliiHllllllllllllllllllllllllilllilllUlllllllil September 16, 1987 The Opinion 11 �$ "SAVE crrvrek *b + *b M BAR BM KjU v BAR BRI Leaves Nothing To Chance. The Nation's Number One Bar Review. 415 S«*«atk Aw.., S«li. 62, N.Y.. N.V. 10001 (212) 594-3696 (201) 623-3363 160 CouoawuHli Ay... Bo.ion. Maaa 02116 (617) 437-1171 12 The Opinion September 16, 1987 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-09-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/16/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/14f6d75abc50751b722f1ed8b3a2970f.pdf 6c2b79bdd9602eacf87895781bc5cde4 PDF Text Text THE OPINION Volume 27, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 1,1987 Convo. on Mentally Disabled Provides Insights by John Bonazzi represented, population. This was accomplished by providing attorneys with practi- The 11th Annual Convocation was held on Saturday, March 7, at the Center for Tomorrow. The program, entitled "Professional Considerations in Representing the Mentally Disabled," was presented by the UB Law School and the UB Law Alumni Association. The program was co-sponsored by the UBSchool of Psychiatry, the first time another department or school has co-sponsored theConvocation. This year's Convocation was designed to improve practice skills and provide needed information for lawyers who undertake representation of the mentally disabled. Indeed, one of the goals of the event was to furnish area attorneys with knowledge of the special needs ofthe mentally disabled in an effort to get more of them to undertake representation of this extremely needy, yet under- ' cal, necessary information on subjects such as the role of lawyers, psychiatric consultations, therights of institutionalized persons, the judicial process, and attorney fees. Roger Stone, executive director ofthe Mental Health Association of Erie County, led off the program by speaking about the lawyer's role in legal proceedings related to the mentally disabled. He was followed by Dr. Brian Joseph, an associate clinical professor at the Department of Psychiatry of the UB School of Medicine. Joseph gave an interesting and humorous talk on the role of the psychiatrist or other helping professional in legal matters. He also provided insight into the impact of law on treatment and therapeutic concerns. For instance, Joseph expressed some irritation at the recent decision in Rivers v. Katz, which held that psychiatrists cannot treat mental patients without their approval and judicial review. The dilemma here is that many patients may refuse treatment, yet require it to function adequately in society. The law, then, in an effort to provide for the welfare of the mentally ill, flicting views on the rights of the mentally ill and the level of proof the government should be required to meet before infringing on the mentally disabled person's constitutional actually impedes therapeutic vatorships and guardianships. James Sheldon of Neighborhood Legal Services followed progress. In discussing the rights of institutionalized persons, a de- bate was provided by two advocates who work with the mentally disabled in legal matters, yet represent different ends of the advocacy spectrum. Beaufort Wilburn, an attorney from Legal Services for the Elderly and Disabled, and Douglas Cream, a New York State Assistant District Attorney General, presented con- Ewing's Book: Battered Women Who Kill Proposes Change for Self-Defense Rule A UB forensic psychologist and law professor hascalled for a radical change in the law which would allow battered women who kill their abusers to claim psychological self-defense as a legal justification for their actions. Charles Patrick Ewing, Ph.D., J.D., proposes the legal change in his new book. Battered Women Who Kill, published by Lexington Books. Ewing is an associate professor of law and clinical associate professor of psychology at books today. The battered women syndrome is one which is complex and not well understood by the public or by the court system. "People wonder why women who eventually kill their abusers put up with the abuse over ÜB. "Most battered women who kill their batterers are convicted of some degree of criminal homicide despite pleas of selfdefense and ample evidenceof repeated physical abuse they suffered at the hands of the men they kill," Ewing said. A majority of these women are convicted and serve time in prison, he said, because they do not kill in self-defense as it is currently defined by law. Current law, Ewing argues, narrowly defines self-defense as a legal justification if the defendant acted in fear of imminent death or serious bodily injury. "The keyword is'imminent,' " said Ewing, "for many of these women have suffered as serious abuse from the batterer on other occasions when they did not kill him." The legal criteria should be changed, he proposes, to in- clude psychological self-defense as a legal justification in these cases because the women killed to prevent their psychological selves from being destroyed. This concept, he admits, is radically different than the perceived or actual threat of imminent physical death or bodily injury necessary for a plea of self-defense on the Prof. Charles P. Ewing a long period of time. They also may feel the woman must have enjoyed the abuse in some perverse way or she would have left long before the incidents ended in killing," Ewing said. Among some, there rrjay be a feeling a woman is "property" of her husband or boyfriend and thus he had an unspoken "right" to beat or abuse her. Indeed the woman may have sought recourse through the legal system, going so far as divorcing the abuser or fleeing to other states. She may have obtained court orders which would presumably prevent him from having any contact with her. But even these steps, as Ewing's book points out, were not enough to end the battering. "The man may, at considerable effort and expense, find her and continue the battering and abuse," said Ewing. Women described in Battered Women Who Kill have repeatedly been beaten with a variety of instruments, run over with or thrown from moving vehicles, locked in houses set afire, torturedwith electrical devices and burning cigarettes. raped with items ranging from electrical immersion coils to broom handles, and been witnesses to abuse of their chil- dren. They have had their telephones ripped from the walls and been tied to furniture or confined to locked closets to prevent their leaving when the abuser was away from the home. They have been subjected to threats of more violence if they tell relatives, friends or the authorities of the abuse. Frequently, they have no money, no way to support themselves or their children, and no place to go if they did, in fact, leave. In some cases, they have lived in isolated areas where the only help would be miles away. Over time, Ewing theorizes, women who are repeatedly abused and tortured lose their sense of "self." They gradually find themselves becoming "non-persons" helpless and alone in a struggle to preserve shreds of their original psychological selves. They murder their abusers, Ewing believes, when they are in imminentfear of destruction of their "psychological selves." A major problem with the accepted criteria for a plea of selfdefense in a majority of the cases of women who kill their abusers is simply that they often commit murder whenthe threat of imminent physical death or bodily injury is not present. "They may waituntil the men are sleeping to kill them or stab or shoot when not actually threatened," the UB forensic psychologist said, "circumstances which do not meet legal criteria for a plea of self-defense." — continued on page 9 liberties. After a short break, William Cunningham, public administrator of the Erie County Surrogate's Court, spoke on estate proceedings, including conser- with information on entitlement programs for which the mentally disabled may be eligible. Mark Mahoney, a noted defense lawyer and UB law professor, addressed criminal proceedings involving the mentally disabled. His primary thesis was that the legal and treatment systems are inherently different, and that 'awyers need to be aware of those differences. For instance, he made the point that the legal process is concerned with adjudicating blame, punishing, and removing the offender from society; the medical model, however, is concerned with providing care, rehabilitating and treating, and returning the patient to society. Operating on these differing levels makes it extremely difficult for the lawyer to use the system effectively. The Hon. Theodore Kasler of the New York Supreme Court spoke on the judicial process. He was critical of the strict guidelines imposed on judges in cases involving the mentally disabled. For instance, he assailed the ruling in Rivers v. Katz, saying that it both defies common sense and makes it difficult for the disabled to get the treatment they need. The last presentation was given by Bruce Goldstein, a local attorney, who spoke on a subject close to the hearts of most — lawyers money. Obviously important if more lawyers are to be enticed into taking on these cases, Goldstein presented methods of getting paid in some cases very well for working on behalf of the mentally disabled. —— A luncheon followed the series of discussions, after which the Jaeckle Award was presented to the Hon. Michael F. Dillon. The Jaeckle Award is named for UB alumnus Edwin F. Jaeckle, class of 1915, and is the highest honor the Law School and the UB Law Alumni Association can bestow. It is given annually to an individual -who has distinguished himself or herself, and who has made significant contributions to the Law School and the legal profession. Brown & Bullard Represent UB at Douglass Moot Court by H. Todd Bullard nary round and had done quite The 1986-87 Frederick Douglas Moot CourtTeam comprised of Greg Brown and H. Todd Bullard traveled to Houston, Tex. to compete in the National Frederick Douglas Moot Court Com- well. petition. Twelve teams representing sixregions took part in the competition. The competition was very keen considering the fact that to qualify each team had to be one of the two top teams in its region. The Northeast Region was represented by the University of Buffalo and Rutgers School of Law/Newark. Other teams included Tulane University, University of Baltimore, University of Puget Sound, Texas Southern University, Hastings School of Law, Drake University, Mercer University, Oklahoma University, University of Southern California and UCLA. Although the Buffalo team was very competitive, it missed qualifying for the semifinal round. However, the Rutgers Newark team qualified for the semifinals before being eliminated by the University ofOklahoma team, which eventually won the competition. Tulane University was the second place team. The Buffalo team had argued against the Oklahoma team in the first prelimi- * * * In addition to the National Moot Court Competition, the Annual Convention for the NationalBlackLaw Students Association was held. There were over 350 students and delegates representing over 200 law schools present at the affair. This year's convention theme was "Unveiling the Truth to Serve Tomorrow." The purpose for this theme was to instill a sense of unity among future Black attorneys to use their much-needed skills to serve the continued on page 11 inside SBA Candidates ... 2, 5 The Boy Mechanic .. Race Judicata . . ALSA Lecture 7 10 11 - �SBA Executive Board Candidates President WJoh.n illiams For instance, if 200 students wanted Property II, theadministration, if economically feasi- John Williams, President First, I think that it is important to acknowledge the fact that we students have it pretty good around here, but like all things, the Law School is not perfect. I have no set formula to achieve perfection, but I do have some valuable insights to use in striving to make the Law School a better place. The major problem that plagues the law students seems to be course registration. The truth of the matter is that the registration process may never be perfect, but it can be improved. I think that it would be wiser to conduct registration in the Spring for the following Fall semester. This would make the administration aware of any problems, and enableitto make the necessary adjustments to meet student needs. ble, could arrange over the five month period to provide for additional professors and/or courses, as needed. If registration was run this way, the drop/ add period would have to run parallel with the first day of class. This would create a real drop/ add period and not an extended registration period, as it is now. If registration and drop/add were changed, it would allow a longer summer because students won't have to worry about registering. Another area that always poses problems is student input into the governance of the Law School. For the last two years, I have watched enthusiastic students compete for seats on the Law School committees. These committees are supposed to represent our part of governing the Law School. Most of these committees don't meet at all, or at best once a * year. According to some school officials, there is nothing to discuss, so therefore there is no need for meeting. I can't believe that no academic policies, budget problems, or admission problems have arisen in the last two years. If I am wrong our school rankings should have gone up and not dropped to 38. As president, I would fight to achieve full student representation. It is important also to ask President Sample why the other graduate and other professional programs have improved on a national level, and theLaw School has faltered.We must also ask the Law School administration when and if there will ever be an identifiable physical entity for the Law School. We have to make the University realize that we have to grow with the overall expansion scheme and be an integral part ofthe University ofBuffalo. The SBA itselfhas to be more structured. Some of the meetings are out of control, and people are cutting each other off. We must remember that this is an open forum and we must respect other views and feelings. The SBA must also emphasize that we are not wasting student money. Many students don't realize that we financially sponsor every event of all clubs. I also feel that the SBA has stepped into the realm of political expression; something that the student body did not explicitly sanction us to do. I would opt for referendums on any controversial, political issues. We may be voted into office, but we are not dictators. Let the students voice their opinions on political matters; then the student body as a whole takes a stand. This is my second year on the SBA. I have some valuable experience to bring to the job. Please vote for me. PVice resident Anderson Belina Derek Akiwumi though I feel that our current officers did a great job for the 1986-87 school year, I am confident that more representation on the executive level next year will provide for even more im- provement. As vice president of the SBA, I will be committed to serving Derek Akiwumi, Vice President My pledge to the law student body as their vice president for 1987-88 is to serve the interests of everyone with an objective eye. As a first year student on the Board of Directors of the Student Bar Association, I noticed an absence of second year students on the executive level. This, in my opinion, constituted a lack of representation. Al- the needs of the Class of 1988, the Class of 1989, and the new Class of 1990. Next year, I hope to strengthen the communication between SBA and all law students. I intend to make sure that all of the activities sponsored by SBA will be given more publicity. I will also place a special emphasis on extensively advertising the University Committee appointments process. All law students will be fully informed before the week of the University Committee interviews. If I am elected, these services, in addition to my other duties as vice president, will be performed efficiently. I believe very strongly in the ideaof helping. It is with this belief that I hope to gain the confidence and support of my fellow law students. Belina Anderson, Vice President I'd rather this than school- work. I'll take a firm stand on important, controversial issues. I have experience. I play a mean game of softball. Vote for me. Belina Anderson, second year student, for vice president. Write me in. -2 PLEASE TURN TO PAGE 5 FOR TREASURER AND SECRETARY CANDIDATES The Opinion April 1, 1987 that will continue and expand upon the activist/open govern- ment role it has staked out Andy Bechard, President I am Andrew Bechard, a sec- ond year student taking the Jaeckle Center course concentration in state and local government law, which I eventually hope to use to pursue a career in lobbying or government and public policy formation at the local, state or national level. Some of the summer internship opportunities I am investigating are with USPIRG and Public Citizen, two non-profit, Washington, D.C.-based and Nader-affiliated lobbying and organizing groups. I am also investigating a possible New York State Assembly internship in Albany, or working in Ottawa as an administrative aid to a New Democratic Party member of the Canadian Parliament. While! have never held a Student Bar Association elected position, I have been active with a myriad of Law School organizations and committees. I am a steering committee member and treasurer of the National Lawyers Guild, a staff member of In The Public Interest (the journal that was until very recently the only alternative to Law Review), I am an active member of the Buffalo Public Interest Law Program and I sit on the SBA Faculty Student Library Committee. The major reason I want to run for SBA president is because I feel that there is a real danger of the SBA becoming complacent and staid an existing Law School institution but only that and just that, just existing. An institution not open to the creativity of its student organizations or to student needs. The SBA needs a powerful and forceful leadership if it is going to improve conditions for its constituent students. What UB Law School needs is an SBA — VOTE! APRIL 1 2 President AB ndrew echard under Brett Gilbert. I have a great respect forBrett because he sees the position of SBA president as much more than organizing great parties at local drinking establishments. This administration had the courage to take on the hard, political issues, such as calling for the University to abide by SUNY guidelines regarding Star Wars research, and attempting to remove the Defense Department's Judge Advocate General Corps (JAGC) and their discriminatory hiring practices from the UB campus (JAGC discriminates in regard to sexual orientation). While there has been much debate on this Career Development Office Non-Discrimination Policy (it has been called on one side a "token gesture" and on the other a "conclusion reached purely on moral grounds"!?), it is essential that this policy be pursued in the interest of the gay community in theLaw School and on the campus as a whole. While there are a number of other important issues in this election, I would place emphasis on the following areas: Professor Betty Mensch has pointed up that women and minority faculty hiring has been lagging. I will propose that this be a priority of the studentsthat are chosen for the Faculty Appointments Committee. The parking situation continues to be a sore spot and gets worse with every statement made by President Sample's Parking Task Force. I propose a lobbying campaign on Sample and his Task Force thatcalls for elimination of Faculty-Staff only lots and a return to unrestricted and free parking as UB students enjoyed in the 1985-86 school year. Finally, there needs to be a modest increase in Law Library hours and access to more computer terminals within the Law School. I will work with Law Librarian Ellen Gibsonto attempt to obtain a larger temporary service and staff work force budget so limited weekend hours might be lengthened. My primary point is that if the "Buffalo Model" is to continue to exist, the SBA has to maintain its activist role. Your vote will help keep the SBA active and open. REFERENDUM On Wednesday, April 1 and Thursday, April 2, the Student Bar Association will conduct an "Official Student Opinion" concerning the question of whether the University administration should arm the University secu- rity police. This issue is currently being debated within the University community and the results of the "Opinion" will be sent to the appropriate administrators. Briefly, a task force recommended that University police be given guns between the hours of 4 p.m. and 7 p.m. Guns would not be issued to police who were assigned to the dormitories and no guns would be issued to police who were assigned to patrol student demonstrations, though guns wou|d be available to these officers should trouble develop, The voting will be open to all law students betweeK the hours of 9 a.m. and 5 p.m. in front of the Law Library. This "Official Student Opinion" will take place in conjunction with the SBA Executive Board elections. �IEFUTV I wn if I pliliM|iJ lip? 9 *\ ~~| ■ We designed our ''Programmed Learning System (PLS)" on the premise that studying for the bar exam is useless without constant review and reinforcement. We at Josephson/Kluwer understand that all the "cramming" in the world won't get you past the bar if you do not build your knowledge systematically. That's why we designed the "PLS" to give you that competitive edge. Admittedly a pretty big claim. But then, it's really what you would expect from the recognized leader in bar review. In fact, more and more students prefer Josephson/Kluwer than any other I I It's our academic expertise that has allowed us to excel beyond the other bar review programs. To find out more about our — §P m 'PROGRAMMED LEARNING SYSTEM (PLS)" _^_j_Sj_to_____________________________________________ _^^ ____________^^^^^^^^^^^^^^^^^^^ «•§ MJM>>>^—^>>><|>>J>^^^^^^^^^gg^^^^^ I Bar Review Preparation call: I 1-800-421-4577 or 212-505-2060, or better yet...see your campus representative. JOiEPHION ■IVA/m ■ I wm^- ast st Street, Suite 1206-7 New York, NY 10010 (212) 505-2060 or (800) 421-4577 "-* __■ W HUIWEH LEGAL EDUCATIONAL CENTERS, INC. I © 1987, Josephson/KluwerLngel Educational Centers, Inc. 1 ■ I SUNY AT BUFFALO J/K REPS Lawrence Basel Eric Chester Celia Garelick Evelyn Gurdin s LoisLiberman Elaine Pers Julie Brett Raymond Dziedzic Evelyn Gawronski Maryellen Gunnison Fern Merenstein Martha Post David Brown Irene Fassler Carol Giarrizzo Nancy Holtby Pamela Neubeck Philip Chamot Ronald Francis Laura Green Rose-Anne Landau Karl Niedermeier Afl#rVHH& TheQp^ipp, 3 �w______W\f HI mm* r_fi_j*_______\ _W______WJsm___mm _\W ___ ____W.ffim3_____ ___*___ mSBmUM ______ ________m __*_____{____ mill H^f^iHl mWkm._m_mms_mmma W__M ___t-f_-t*__'___[J____\ wKBBSBbB -^^H w.wxtt____i.___i______tri._____i I ! I I H___H__yfl___M___HU_H___i_l_H ___M- __§___ \______M _mm______\ £T^^^l Kl^fl m\m__*___\ ____K_____ M_\ . \W IMXJ_ir_M_: _m__ _____wz_t_\ i a mrnVt i. >(*&£■ Rte ____wt_______ ____\___M Hk^o3 ____S__\_m PfWB \\W__. V9*S^^H »» ""^^^l H^Mftifflft «^^^h^k. rj^^^^^ HsH Ht,.,^_k/_£M Kk.i-WL^ixt ?__^_} mmmWfsm^ I PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (516) 747-4311 Amy Murphy TerranceFlynn ■ , The Opinion 4p<il .1,1 ?87 JudithKubiniec Doris Carbonell Mark Pollard Donna Siwek Amy Sullivan Susan Rogue Rice Shelly I I For information see your P/'eper Reps or contact: Brian Bornstein urn \___M IHH»I ______!*±_t*^___- fvsi* ___ K^TviJl _____wMtF_n__\ The Bar Course That Cares. I 4 mm....-.,-._^^r?_Z—~_\ \w__i\W\ ______^__vj&xxht_i m_m*_______\_ffl__m____9_____ mmmwawM ____*__m__W__\____\ mm_____m9_m__i il- iai v ____t____m ___w_\\\m __\\__w _____WB_W_M ■_____} HRRHH w_ Maria Lotempio John Rowley Cynthia Gonzalez I �SBA Executive Board Candidates Treasurer Lyn ing K Kim Kimi King, Treasurer O.K. So let's cut through the credential garbage and get down to business. I have my Master's of Public Administration concentrating on budgeting and financing (two years of sheer unadulterated fiscal accountability and budgetary processes; fun stuff!). For three and one-half years as an undergraduate I was the student accountant for the University of Illinois StudentHousing Division, which funded all of the student programs and projects in the residence halls (the budget was approximately $60,000) and yours truly was responsible for clearing the accounts and hauling people on the carpet to justify budgets. Various other financial niceties include being business manager and treasurer for an independent theatre troupe; processing payments and vouchers as a resident director assistant; and organizing fundraising and expenses for various not-for-profit organizations I have been associated with. Now, down to the good stuff... Somehow (God only knows), Vicki Argento was able to untangle the mess she inherited and manage to put the SBA books back in order (and do a wonderful job, I might add). Now with the fee hike going into effect and the last of the phone balances still on thehorizon, hopefully the cloudof confusion will dissipate. This is exactly why I am running for treasurer. The most important function of the SBA is its funding of the Law School groups and individuals requesting money. One of my first priorities is to keep the student body posted on where your money goes and how to get you involved in being a part of the process. For instance, did you know that if you are attending a Law School related conference, you can personally request money? (Granted, the amount won't finance the bulk of your costs. but every little bit helps.) There are a few strings attached, and the amount varies depending on how many people request funds, but it's there for you. My second priority is to do some long range planning for the SBA (obviously, this is not a sole venture and I will be finding out what you would like to see happening and including ideas and goals of the whole student body). Right now we seem to be operating on a day-to-day basis with the funding (part of that is due to the mess that had to be cleared), but it would be nice to see some physical donationsto the school, i.e., how 'bout a laser-jet printer for doing your resumes or what about clearing out that gutter in the basement and putting in a student lounge so we can get out of that draft in the walkway? So where is this money coming from...? What I will work very hard at doing is encouraging the student groups to do planning and fund-raising, which includes coordinating activities with other groups, so that financial burdens don'tfall so heavily on one particular group with a great idea, but very little funding. To that end I will be in close contact with each treasurer of the student organizations so we don't get lost in the blur of the school year. As for the other ideas, stop me in the halls, leave a note in my mailbox...l want to do this, but I can't do it alone. Sexist Interview Questionnaire by Robin Rosenberg Job interviewers who ask questions that are not job re- lated and which have an adverse impact on women or minorities are violating Title VII, the federal anti-discrimination employment statute. Some students have encountered such prohibited questions or sexist remarks during interviews, while others have encountered discriminatory remarks on the job. ' In an effort to educate the Law School about this problem, the Association of Women Law Students (AWLS) has designed a short questionnaire about sexist interview practices. The questionnaire is available in the Career Development Office (CDO). If you have been subjected to sexist questions or remarks either during interviews or on the job, please fill out the questionnaire. CDO will then contact the employer and AWLS will publish an article identifying the employers, the nature of the problem, and any comments the employers might have in response. Those who fill out the questionnaires will remain anonymous, in the article. By acknowledging that discrimination exists, AWLS hopes to confront the problem and eventually eliminate it. Taking PINS Out of Court (Persons in Need of Supervision). by Daniel Ibarrondo On Friday, March 6, the Baldy Center for Law and Social Policy and the Mitchell Lecture Fri-~ day Faculty Forum presented a Work In Progress lunch for the Education and the Handicapped Working Group. The group members are Ronald Hager, Charles Ewing, Murray Levine, Jeffrey Hummel, William Stott, Lawrence Lane, Julie Teibel and Annette Peralta. The topic of discussion was the involvement of handicapped students in Family Court. Hager spoke about the dilemma concerning the treatment of PINS ■ ... . . supervision. Upon determination of whether a child is considered a PINS or not. Family Court often refers the child to a clinic where the child is evaluated and the Court receives a probation report on the child. Studies have Michael Kulla was BPILP secretary. Currently, I am its president. Working in BPILP has given me the opportunityto learn how to deal effectively with fellow students, faculty, and the administration. Having a good working relationship with people in the Law School is important for SBA officers. Since I have already established these relationships, I can bring that with me to the position of SBA secretary. Being in BPILP also allowed me to gain an understanding of what is important to students and student groups. Such matters include fighting growing apathy, increasing student awareness to relevant issues, and organization funding and exposure. Because I have seen things from the student organization side, I can incorporate those ideas into the workings on the side of SBA. I will be able to give the office my full attention since I will not be holding office in BPILP next year. After evaluating my past involvement in student groups, I know I. will be able to take on the office of SBA secretary and provide the competence and organization it requires. Michael Kulla, Secretary As I was thinking about next year, my last year here at ÜB, I realized I wanted to become more involved with student groups. What I decided was to channel my energies into an SBA office. Based on my past experience, I feel I would be best suited for theoffice of SBA secretary. My experience most notably includes being involved with the Buffalo Public Interest Law Program (BPILP). Last year I AWLS Devoted to Women's Concerns by Robin Rosenberg - ence, which was he/d in Washington, D.C. from March The Association of Women Law Students (AWLS) is an organization devoted to issues of concern to women as law students and lawyers. This year the members of the steering committee are Zulma Bodon, Cindy Eyler, Cindy Fenichel, Arlyn Goldberg, Kirsten Hertz, and Shelley Rice. The group's treasurer is Barbara McLean. Some annual events which took place last fall included a potluck dinner and a reception with the women faculty. AWLS members also attended a family violence conference, the graduate group for feminist studies' presentations, and the UB Women's Conference. AWLS also held a sandwich sale to raise funds for the 18th National Conference on Women and the Law. This spring AWLS held its annual "un-bake" sale to raise money for the Conference. AWLS calls it an "un-bake" sale to avoid perpetuating stereotypes about women, and the baked goods are generally named after well-known feminists to reflect that objective. AWLS's primary goal for the year involves fund raising for and participation in the Confer- 19-22. Fifteen women attended the conference last March in Chicago, and considered it the highlight of law school. This year the Conference again offered practical workshops, panel discussions, and a keynote address dealing with new developments in the law that affect women. Following the Conference, AWLS will give a presentation and put together a display in front of the library. In addition to the Conference, AWLS has planned another potluck dinner, a coffee-house, and co-sponsorship of speaker Karen Johnson on April 3. Members will also attend the Alternative Reproductive Technology Conference on March 27. Drop by the office Pamela W. Barge Laurie Allen Emory University FINALISTS Nancy E. DeCarlo Bruce W. Hoover : First Placa: — to take advantage of the job bank and publications, such as the Women's Annotated Legal and Bibliography Women Alumnae Networking Questionnaire. (Keys are available at the library's circulation desk.) For further information, leave a note in theAWLS mailbox in the third floor copy room. ——— RratPlace: Pamela Barge Emory University Daniel P. Johnson Richard D. Rose University of Pittsburgh AnrTlVI Neill^ Wake Forest Sworn* Waco: Third Place: Richatf C. Slisz Birgit S. Philipp AmyJ.Herter University , O'Brran ORALIST WINNERS: BRIEF WINNERS: SEMIFINALISTS: David Btiran AmyJ.Herter Albany Law School Laura B. Cimino — Hall room 10 in the basement Results of the 1987 Albert R. Mugel Moot Court Competition WINNERS; SUNY at Buffalo PINS are children who are under 16 years old, truants from school, ungovernable, or beyond the authority of parents or schools. These children are not necessarily criminals, but by virtue of theirstatus find themselves involved with Family Court which determines their shown that large numbers of thesestudentsalso have educational handicaps. The working group is studying the possibility of dealing with these children in an out of court setting where the best interest of the child can be protected and nurtured. The group would like to see these children referred back to their school district as opposed to having a direct court ordered disposition. There is a New York State law which would require such a referral in certain circumstances. The working group suspects that this does not occur. Secretary David Buran Albany Law School •■ ■ ■:' ■■■ ■ Albany Law School ■ ' ■ " - Second Place: , Albany Law School ■ ■ Third Place: 22 •„ Wake Forest University '-• ■ : ■ April 1, 1987 The Opinion 5 �The Opinion Mailbox _Mmmmmm_______m_____^^m Clarification on Referendum OPINION PQ -• STATt UNIVERSITYOF NEW YORK AT BUFFALOSOKXIL OF LAW April 1, 1987 Volume 27, No. 12 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Features Editor: Business Manager: Photo Editor: Layout Editor: Contributing Editor: Idolle Abrams Kevin O'Shaughnessy Melinda K. Schneider Paul Hammond Susan Clerc Zulma A. Bodon Staff: John Bonazzi, Michael Gelen, Brett Gilbert, Daniel Ibarrondo, Kathy Peterangelo Johnson, Shelley Rene Rice, Lisa Strain. Contributors: H. Todd Bullard, Al Dong, Richard Giacoma, Robin Rosenberg, Kenneth Yood, John Zuroski. 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year.It is thestudent newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. TTie Opinion is funded by SBA from Student Law Fees. £) Copyright Composition and Design: Words and Graphics, Inc. Editorials SBA Elections SBA Executive Board elections are being held today and tomorrow, and it is disappointing to see that so few students have chosen to seek offices. Until shortly before the deadlinefor submitting personal statements, all of the four seats were uncontested. Now, however, with the addition to the race of Andy Bechard and Belina Anderson, there are two candidates each for the offices of president and vice president. This pervasive apathy is not confined to SBA. We have felt it at The Opinion, where editorial board elections will soon be held and there are hardly enough staff members to fill the necessary positions. Perhaps we law students have become complacent by resting on the successes of a relatively eventful year. Under Brett Gilbert and the current Executive Board the student body has become involved in several important issues. Summing up the past year, presidential candidate John Williams states, "1...feel that SBA has stepped into the realm of political expression, sopiething that the student body did not explicitly sanction us to do." It is true that SBA has stepped into that realm, but such a step is not, as Williams seems to imply, necessarily bad. As president of the Student Bar Association, Brett Gilbert has been able to recognize problems which are of interest to the student body, bring these problems to the students' attention, and encourage us to do something about them. When parking lots were an issue, Gilbertwas in the forefront of the protest, reminding the University that the Law School is still a part of the UB community rather than simply a traipsing ground for undergrads. When Central Administration wanted to decide who would represent the students on the Dean Search Committee, Gilbert and SBA pushed and succeeded in persuading the Administration to accept the students' choices. Finally, when the Career Development Office wanted to bring to campus employers who discriminate on the basis of sexual orientation, in direct opposition to an Executive Order issued by Governor Cuomo, SBA passed a resolution calling for CDO to deny the use of its facilities to employers who discriminate against homosexuals. These are important issues which probably would have been overlooked if not for a student government which was willing to take a stand. It seems that the student body has become apathetic. We don't need an apathetic student government. If student government is not going to remain active in issues which directly affect the students, there is no point in having a student governtnent at all. Read the candidates' statements. Considerthe choices carefully. it affects us all Be concerned with who will be running SBA — — Short Notice Again Last week a three-member accreditation committee visited the Law School for what one member of the committee called a "sabbatical inspection." Such "inspections" are standard, taking place in all ABA accredited law schools once every seven years. The purpose, according to committee members, is threefold: (1) to perform a checklist function, making sure that the Law Library seating spaces comply with ABA standards, etc.; (2) to get a sense of the goals the faculty has set and to determine whether those goals are being reached; and (3) to give advice and spread ideas. Law students were invited to meet with the committee members in an informal give-and-take interchange on Thursday afternoon, March 26. However, the short notice (flyers were posted only several hours beforehand) resulted in an extremely light turnout for an event which was of such great importance. Most students missed out on a key opportunity to sing the praises of our Law School, make their criticisms known, and get a feel for how it compares with other law schools. While those students present took advantage of the opportunity to make their feelings known, especially with regard to the assets of the Law School, the impact of what they said was diminished by the poor turnout overall. Which brings us to one of the major shortcomings of this Law School the ineffective communication system between administrators, faculty and students. Effective communication is crucial to mobilize any body to act and move forward. More bulletin boards (perhaps designating some "Law School only"), a PA system, etc. would start to scratch the surface. But what really needs to be formulated is a specific plan for disseminating information to students in general, and disseminating it in a manner in which adequate notice is given so that adequate response can be given. The Opinion April 1, 1987 — 6 The opposition thought that the elected student directors should decide an issue such as theresolution. I wholeheartedly agree that JAG's discriminatory hiring policies against gay people should not be tolerated in this Law School. What is more important is the genuine sentiment of the entire student body on the issue of employers who have discriminatory hiring practices based on sexual preference, sex, race or any category that discriminates. In order to solicit student input a referendum would have been appropriate to indicate where the students as a whole stood on the issue of discrimi- Cleo Says Thanks To theLaw Students, Mr. Schlegel and "Ronald Reagan" Thank you all so much for the lovely fresh-flower arrangement and the get well poster card. You don't know how much your best wishes and loving : — VOTE! and VOTE. Editor: This letter is in reference to the article SBA Passes Non-discrimination Resolution, which appeared in the last edition of the Opinion. I would like to clarify an inaccuracy reported in that article. I initially did propose thatthe SBA hold a student referendum on the resolution, but I never withdrew my proposal after discussion. The proposal did not survive because the SBA voted it down 13-2-1. The overall reaction to the proposal for a referendum was greeted with much opposition. messages have meant to me. I hope it won't be too long before I am back among you. I have hung your poster card in our kitchen where I can read your best wishes over and over again. Cleo Love, Jubulis nation. The referendum would have given the student body proper notice that the SBA was contemplating a resolution such as this and was looking for the student body to make a unified decision. Now that the SBA has decided not to hold a referendum the student body has two options: (1) to initiate a petition for the SBA to hold a referendum; this petition would have to be signed by at least 90 law students, or (2) accept the decision of the SBA. John J. Williams Second year director Marcus Lauds Bodon Article Editor: I wish to commend The Opinion for publishing Zulma Bodon's excellent article on women and minority faculty appointments. The article is first rate. In particular, I find the charts very valuable. Professor Isabel Marcus 'Tell Your Government to End This War' by Richard Giacoma Last August I traveled to Nicaragua with a group of law students to study that country's new constitutionand emerging legal order. Our three week program consisted of formal classes taught by Nicaraguan law professors giving usa sampling of pre- and post-revolutionary law. In addition, we met and spoke with Nicaraguans active in various sectors of the new society including government, media, labor, and youth and women's movements. I also traveled freely (of course observing safety restrictions due to the war) and spoke with as many people as I could. While efforts at advancing the revolutionary society like writing a constitution continued, Nicaraguans were and are primarily concerned with the ongoing war against the U.S.-backed contras. Our government is forcing the people literally to fight for their survi- val. Before the trip I pondered the idea of visiting a country whose citizens are daily being blown up at the will of my government. Could I expect a warm welcome? I recalled the treatment of Japanese Americans during World War II and that of Iranian students in the U.S. who were beat up during the hostage crisis of 1980. Instead of hospitality, I wondered whether I should expect hostility. In fact, people in all sectors of the society greeted us enthusiastically. Members of the National Assembly, the government's legislative body, attend- ed all of our classes, which was a great honor. Interestingly, they did not seek to lecture us on the way things were (as I'd expect in the U.S.) but sat modestly in the back of the room and listened to the professor and to us. After speaking with countless Nicaraguans in formal and informal settings, I was struck by the fact that no one vented their feelings about the war in anger toward me. One woman said that would not achieve any- thing positive. She told me that her people distinguished the American people from their policymakers. I was an ambassador for my people she said, and it would be my responsibility to disseminate my findings upon returning home so that North Americans become aware of the reality in Nicaragua. Another woman whose son recently was killed in the war beseeched us to "tell your government to end this war." Many other people told us to do the same. Such encounters inspired me but at the same time left me feeling hopelessly powerless. How naive these Nicaraguans must be, I cynically thought at first, to believe that I could "tell my government to stop the killing." Would the President, Congress, the Pentagon and the CIA listen to my voice and stop their multimillion dollar war tomorrow? Of course not, but no Nicaraguan expected that. My problem was that I wanted the gratification of seeing prompt results from my own efforts. In Nicaragua I learnedthat the revolution would never have triumphed if such selfcentered thinking prevailed. Ending U.S. dominationthrough the Somoza dynasty must have seemed unachievable at first, too. But it happened because for decades people worked at it, doing what they could, without undue concern over whether or how soon they would succeed. We have a lot to learn from our Nicaraguan brothers and sisters. The Constitution As we mark the bicentennial of our Constitution, another nation whose people fought long and hard to end foreign domination just enacted its own. Nicaragua made an important stride toward institutionalizing its revolution this January when the president and delegates to the National Assembly signed the new Constitution into law. The document is exhaustive, with over 200 articles dealing with virtually every aspect of life in the new society. It is the product of many months' debate in public meetings and the National Assembly and, in a larger sense, many years of struggle for political freedom and social progress through self-determination. The constitutional process was initiated during the 1984 elections when the National Assembly was given a mandate by the people to draft a Magna Carta within two years. In August of 1985 a national consultation was carried out with leaders of the political parties, mass organizations, social groups, guilds and unions. These groups appeared before the Special ConstitutionalCommission of the National Assembly and made proposals concerning the Constitution. At the same time, delegations from the National Assembly traveled abroad to study the constitutions of other countries. The information acquired from these two educational experiences became the base for the first draft of theConstitution written by the National Assembly in February of last year. In Mayand June open forums were held in which Nicaraguans from all sectors of society directly made contributions, criticisms and suggestions to the first draft. The revolution made it possible for citizens to have such direct input in the framing of their constitution. The process proved to be a giant civics or political science class in which people learned what a constitution is and how it applies to everyday life. At the same time, the National Assembly members learned more about the concerns of the people in their districts. The Constitutional Commission incorporated these contributions into a second draft which the legislature debated in the fall and ultimately ratified. The Constitution guarantees basic individual rights such as free religious worship and the right against unlawful detention and imprisonment. Politicontinued onpage H �The Boy Mechanic Life in the Fast Lane. Eight days. Continental Airlines lost our luggage for eight stinking days. And I mean stinking. While Will Zickl and I were washing our clothes every other day in San Diego, some bozo baggage handlers in Newark were playing Australian Rules Football with Will's duffle bag and my backpack. Initially, I decided that Conti- nental's employees and shareholders should be forced to wear one set ofclothesfor eight days. An eye for an eye, Hammurabbi and all that. But after some thought, I decided to get biblical. Continental should be decimated by a plague, preferably a new strain of anthrax. I can see some producer talking: "Hmmm, Corporate Plague...l love the concept. We'll get Peter Graves, Jaclyn Smith, and Scott Baio (to play the delivery boy that starts it all)...it's a can't miss mini-series!" Luggage aside (2,500 miles aside), we were determined to have a good time. This was our last Spring Break. The last chance at a socially sanctioned full fledged (...can something be half fledged?) plunge into liedonism. After graduation, students enter the "real world" (theoretically) and go on vacations. A vacation is very different from spring break. A vacation is a well-planned nightmare involving Club Mcd, relatives or Winnebagos, frequently documented in maniacal detail through the use of slides. A real world "break" lasts 15 minutes and consists of gossip, coffee and danish. Will and I spent the next three days in San Diego tracking down our. luggage, watching the NCAA basketball tournament and searching for San Diego's hometown hero, Den- nis Connor. Our search was concentrated on various San Diego bars. One of our favorites, although Dennis never showed, was a cinder block bar called the Morena Club. The Club (or Club de Morena) featured two pool tables, grilled cheese sandwiches, and a country and western jukebox. After three days, we were still without luggage and still no sighting of the "Liberace of Sailing" (as Will referred to him). We were fairly certain that Dennis was still visiting Disney World.' His plastic smile and glazed eyes lead me to believe that Dennis is not in this world very often...Hemay be a permanent member of the Magic Kingdom. Heartbroken, we left San Diego and traveled to San Felipe, Mexico. I know, I know. A bunch of ugly Americans taking advantage of the depressed Mexican economy. Not this time. We were tourists on a mission. Continental had graciously agreed to reimburse us for 50 percent of our clothing purchases while our luggage was being rerouted through Beirut. We did not haggle. We paid the first price mentioned, as long as they doubledthe receipt ("doble receivo"). It was a beautiful thing to see...American tourists and Mexican merchants joining forces to screw a major corporation. Although we were later reimbursed for. our "doble receivos," Continental is not off the hook: I am still pulling for a corporate plague...with or without Jaclyn Smith. We returned to San Diego to find that our luggage had been flown from Newark back to Buffalo. After shreiking at several . . Without Clothes. . . stone faced airline lackeys (the first to go when the plague hits), we were able to talk to a "manager." She assured us that our luggage would be in San Diego in 24 hours. We celebrated St. Patrick's Day with a corned beef and cabbage dinner (cooked by a man known as "Brew Doggie"), and a few glasses of Jameson and green beer served at a fine Irish place called O'Connell's Bar. While San Diego does not celebrate St. Patrick's Day with the same hellish intensity as Buffalo, it was an evening to remember...unfortunately, I cannot. My friends spent most of the next day debriefing me regarding my actions at O'Connell's...since they cannot be verified, I will not report them. I am, after all, a serious jour- nalist. With much fanfare and celebration. Continental, a corporation with thousands of employees and millions of dollars in assets, delivered our luggage eight days late. Welcome to the Computer Age...Three cheers for the Service Economy. We clutched our bags and tried not to think about the return flight. Where would our luggage go next? Bombay? Jakarta? lowa City? Now that our luggage had been secured, we traveled to Los Angeles to fulfill the true purpose of our sojourn to Southern California: to reunite the Dublin Poker Club. Two members lived in San Diego, two in L.A. and two in Buffalo (Will and myself)...The club was formed last summer during the University of San Diego's International Law Program...Without getting deep into heterosexual male bonding, suffice it to say that it was important that by Kevin O'Shaughnessy we play poker together one last time. Our plan was to spend a couple of days in L.A. and then return to San Diego for the last big game. The first person I met in L.A. was a burned-out Dianetics hustler who spent 10 minutes trying to sell me L. Ron Hubbard's guide to a better life. He insisted that L. Ron had gotten a bad shakefrom the press. I told him if I thought a book would help solve life's miseries I really did have a problem. I am not sure he understood; either way it was no sale. I love L.A.... The next person I met was a bag lady (is it any wonder I didn't cross paths with Dennis Connor?). She was selling bags of Fritos for a dollar. After listening to 10 minutesof a Dianetics pitch, her direct solicitation was refreshing. I bought the Fritos. I love L.A. After hooking up with the L.A. faction of the Dublin Poker Club, we adjourned to a bar to watch Syracuse destroy Florida's chance at the final four. The highlight of our evening was our waitress. A recent emigre to L.A., she was from Seattle, Washington. Her parents didn't love her, they just sent money...a thousand dollars just last week. I told her that my parents loved me, but if I asked them for a thousand dollars they would send me a postcard telling me that they loved me. She continued with her life story; she did not believe in marriage but was very much in favor of living together and, more generally, sex. I went to the bathroom before she had the opportunity to reveal her ... gynecological history. After I returned she decided to prey upon another table. I love L.A The next day. Will and I took a tour ofUniversal Studios. We spent the next two hours listening to an ex-cheerleader/wouldbe actress and an ex-standup comic/would-be game show host introduce us to King Kong, the shark from Jaws and Lily and Herman Munster's place (a.k.a. 1313 Mockingbird Lane). There was also a "behind the scenes" look at special effects. Will was disappointed because they did not explain the greatest special effect: our tour guide's hair. I surmised that a space age lacquer was involved. All this for $15. I love L.A.... We spent the evening driving the freeways of L.A. and checking out the different bars. L.A. is not a city it is eight million — people hanging out and waiting for a city to show up. Beverly Hills is not to be missed. It is Mister Roger's Neighborhood on valium. While we were in Beverly Hills, I thought of the movie Salvador and James Woods' line about America, "This is a great place, you can do anything you want...As long as you have money." The Dublin Poker Club reunion took place in San Diego the next evening. Six friends who never thought theywould be together again. It was the highlight of our trip. Proof of a better life through poker. Two drunken days later we were on our way back to Buffalo. As I spied my backpack coming down the luggage ramp at Buffalo International Airport, I smiled to myself and muttered, "I love Buf- falo." by Daniel Ibarrondo Commentary One's Perspective on Becoming a Person by Daniel Ibarrondo The first part of this article dealt with the initial stage of self-awareness as it leads towards self-determination. {The Opinion, Vol. 27, No. 11.) Many thanks to the numerous people who enjoyed reading the article and opened their perceptions and thoughts on the subject matter to discussion. The following stages will clarify and hopefully continue to provoke thought to those who have approached me and stimulate interest in others. As stated in the first article, the person in the Pre-Encounter stage lives with a distorted worldview and perception of self. Self-hatred due to a lack of understanding of him/herself and misguided perceptions of the American society are a common factor for the Puerto Rican in this stage. There are many factors which cause the individual living in the Pre-Encounter stage to begin to take notice of the Puerto Rican experience. Encounter Stage The question to be asked is what experience, information, event, etc. causes a person functioning at the pre-encounter level to become interested, or at least receptive to, material that will contest a number of his/her basic socio-economic, political, psychological and cultural assumptions? Stated in the simplest fashion, what motivates a person in the preencounter world to encounter or become a Puerto Rican? A predicted answer is indicated by the word "encounter"; that is, some experience that manages to slip by or even shatter the person's current ideological and/or ego structure. Probably the encounter factor will turn outto be of a verbal or visual nature at first and is secondarily an in-depth intellectual experience. This stage is frequently precipitated by a political, judicial, or social injustice, death or defeat of a Puerto Rican or marginally American hero which is communicated verbally or visually, such as the murder of Martin Luther King, Jr. or Malcom X, the imprisonment of Albizu Campos, or the Young Lords confrontation visa-vis Juan Gonzalez or Pablo (Yoruba) Guzman. A person may be "turned on" by his/her mate; that is, a Puerto Rican catalytic love affair. Witnessing a friend hurt by the police, or being beaten by the police personally, are also examples. We might find it necessary to divide the Encounter Stage into two steps: (a) experiencing the encounter and (b) beginning to reinterpret the world as a consequence of the encounter. Step (b) is a testing phase during which time the individual cautiously and fearfully tries to validate his/her new perceptions. On the outsidethe person fakes a real understanding of what is going on through the use of cliches, yet on the inside the person is asking himself "maybe things are different than I thought them to be and if so, I want to find the truth." The first set of questions is very personal: Middle-class person: "Am I really trying to be an Amer- ican?" Ghetto youth: "Is it right to kill another Puerto Rican or prostitute my 'sisters?' " College student: "Do I date American girls or am I avoiding Puerto Rican women? Just what is the basis of my aesthetics?" The tentative answers are predictable and the person usually compares the implications of his answers with the manner in which he had been living (Pre-Encounter stage). At this point guilt becomes a tremendous factor. All the massive guilt and anxiety, plus a desire to be logical, rational and wanted, erupts hurling the person into a frantic, determined, obsessive, extremely moti- vated search for Puerto Rican identity; that is, a new sense of equilibrium. The person has then reached the ImmersionLiberation stage. A quick summary of our prog- ress so far suggests that in the Encounter stage, the person first experiences an event which literally forces an individual to reassess his current (pre-encounter) worldview. Previously hostile or neutral towards the Puerto Rican movement, the "encounter" jolts the person into at least considering a different interpretation of the Puerto Rican condition. As a consequence of the "encounter," the person begins to ask questions that predictably lead him/herto conclude he/she must seek to become a "real" Puerto Rican person; that is, a level of receptivity to a more radical definition of him/herself is maximized. At the point where the individual experiences an overwhelming desire to know about and become Puerto Rican, the person enters the Immersion-Liberation stage. Immersion-Liberation Stage This is a period in which the person immerses himself in the world of PUERTORICANESS by attending political meetings, rapping sessions, Puerto Rican theatre, seminars, art shows, etc. Everything of value MUST be Puerto Rican or relevant to Puertoricaness. It is explained as an immersion into Blackness and a liberation from Americaness. The person actually feels that he/she is being torn from his former orientations. It is a powerful and dominating feeling. He/she is swept along in a sea of PUERTORICANESS. The American world, culture and person are dehumanized (honky, gringo, pig), that is, becomes biologically inferior and in the same instance the Puerto Rican person is deified. Everything that is Puerto Rican is "good." The person accepts everything about him/herself: Spanish surname, brown skin, straight, curly or "kinky" hair, their very "being." That the person exists and is Puerto Rican is considered an inherently beautiful phenomenon. The person in this stage usually has a creative burst, including writing poetry, essays, plays, novels, confessionals, sculpturing, painting, etc. People who never sought or experienced creative concerns often find the ability to express themselves in a totally new mode. Many professional Puerto Rican artists speak of a profound and fundamental change in the quality of their work. With the realization of theirPuerto Rican "being" they could begin to find and express fundamental essences. During this period there is a turning inward and a withdrawal from everything that is percontinued on page X I■ April 1, 1987 The Opinion 7 �Tell Your Gov't. cal rights such as petitioning the government and free assembly are also protected. The right to own private property is protected although made subordinate to the public interest. The death penalty is outlawed and the maximum prison sentence is 30 years. The Constitution also recognizes the autonomy in language continued from page 6 Penal Reform One of the best examples of the societal changes made possible by the Nicaraguan revolution is the functioning of the penal system. Characterized by torture and disappearances during the Somoza dictatorship, it is now a forum for alternative correctional methods. and culture of indigenous peoples in the Atlantic Coast re- gion. Social rights are also guaranteed. Nicaraguans now have the constitutional right to free medical care, to be protected from hunger, and to decent housing. Regarding the family, the rights and respon- sibilities of men and women are to be equal. While the Constitution was just activated, the legal machinery and especially the popular attitudes needed to bring some of its rights and guarantees to life should be expected to develop more slowly. In the case of protection from hunger, the U.S. war of aggression has made that right a goal for the future. One of these is the system of open-air penal farms. We vis- ited one with our hostsfrom the Managua Law School. Situated in the fertile outskirts of Managua on land previously owned by Somoza, this prison without walls holds up to 50 men. There were less when we visited, however, since were pardoned. All of the prisoners had been members ofSomoza's National Guard. They were convicted by Popular Anti-SomozistaTribunals, special courts established after the revolution, of such war crimes as rape, torture and murder. Some were sentenced to the maximum 30-year term. The penal farm is a tranquil Becoming a Person ceived as being or representing American culture; yet ironically a need develops to encounter the MAN or AMERICAN to "prove" and dramatize one's Puertoricaness. The confrontation, especially for Puerto Rican leaders, is a manhood or womanhood ritual a baptismal or purification rite. Carried to its extreme there is a receptivity to confrontAmerican people (usually the police) on a life or death basis; that is, the Chicago Affair of 1967. — 16 recently ... environment where the detainees live a self-sustained life by farming, cooking and cleaning. There are no walls, fences or armed guards just living quarters with TV, a relatively primitive cooking area, and the farm itself. On weekends some of the men go home to be with their families, while the others may have family visit them for — the two days. Participants for the program are selected by a necessarily careful process. Of course, not all offenders participate. All are housed initially in conventional closed prisons. Those who then demonstrate responsibility and a willingness to perform the kind of work done at the penal farm are chosen. The nature of one's offense, we were told, matters little in arriving at this decision. More important is the likelihood that the offender will be rehabilitated so as to reenter society successfully. The non-restrictive nature of the penal farm, aimed at breaking down the stigma normally attached to prisoners, is key to its rehabilitative function. The men are supervised only by two unarmed guards. Escape or uprisings are not a problem though, in spite of the fact that the prisoners, who work with large machetes and axes, are better armed than their guards. We walked out into the fields, dodging irrigation sprinklers, and the men paused to talk informally with us. One very large man, machete in hand, was an ominous sight, especially when I visualized him in his previous occupation wearing the Nazilike helmet of the National Guard. In conversation I learned that the men appreciate their treatment and generally respect the revolution which makes it possible. One man viewed his role at the farm as being part of a "historic process." Another said that the weekend visits by his family were sometimes too much and he had to tell them to go home. marks of one of the prisoners, an older man serving a 30-year term. He was a lawyer and served during the dictatorship as counsel to the National Guard. As lawyers, he said, there are always choices betweenfollowing your conscience or the law; "I followed the law." He advised us to "keep the codes of law near to your heart. But deeper in your heart should be your conscience." He and the dean of the law school, who accompanied us that afternoon, were classmates as law students. Notwithstanding the sea of difference separating their lives now, they joked together fraternally, as if still in school. This, I thought, was one of the accomplishments of the revolution. ticularly captivated by the re- On Monday, April 6 at 12:15 in the Faculty Lounge there will be a lunchtime discussion on Nicaragua given by law students who have been there. Everyone is welcome to attend. ogy. Rhetorically, the person crystallization shifts values from individualism to mutualism or collectivism. A constant theme of selflessness, dedication and commitment is evident; a person feels an overwhelming attachment to all Puerto Rican and marginally American (MexicanAmerican, Indian, Black and Latin American) people. Their main focus of life becomes this feeling of "togetherness and soul." The zenith of the Immersion-Liberation stage is the events. As law students we were par- p.m. continued from page 7 No control or oppressive technique, including threat of death, is feared. Generally, confrontation, bluntness, directness and an "either/or" approach are the primary if not the only basis of communication with other people. Either you are or aren't Puerto Rican; Americans should either put up or shut up, etc. Puerto Rican people are classified or simplified into neat little groups or categories a la Uncle Tom, militant, together, American, middle class, etc. The overall process is a purification process. Frantz Fanon's concept of psychological liberation through the violent overthrow of one's oppressor appears to be relevant, only the circumstances in the United States force the oppressor's death to be thought about or dreamedabout but not actually carried out. To continue, everything is reevaluated in light of the person's new or developing ideol- of the above The second half or latter quar- ter of the Immersion stage is a leveling off process. A person cannot continue to handle such an intense and concentrated affect or attention level (true for the ghetto resident?) and must level off. The leveling off phenomenon is greatly facilitated by the direction of the movement as indicated-by national and international Puerto Rican, continued onpage 11 ok, BAR/BRI #D W PASS THE ISV BAR STUDENTS ———^ 8 The Opinion April 1, 1987 �ALSA Lecture: Redress for Japanese Americans ASIAN LAW STUDENTS ASSOCIATION Present a Lecture: PHILIP TAJITSU NASH Assistant Professor, CUNY Law School Instructor Asian American Studies, Yale University Board Member, Asian American Legal Defense and Education Fund, New York City "Japanese American Internment: Ramifications for the 1980s" DATE: Thursday, April 16, 1987 TIME: 3:30 p.m. /" PLACE: 108 O'Brian Hall /CO-SPONSORED BY: ~ Graduate Students Association \\ International Law Society J ,-v Latin American Law Students Association V\ ) Law Students Civil Rights Research Council ( \ National Lawyers Guild Student Bar Association VJ ENDORSED BY: Black Law Students Association by Al Dong Formed in the Fall of 1986, Asian Law Students Association (ALSA) seeks to provide support among Asian law students, to facilitate Asian law students' interaction with and contribution to the Law School community, and to provide a forum for legal issues concerning Asians. To celebrate the formation of ALSA, the organization hosted a wineand cheese reception on Thursday, Feb. 12, in the fourth floor staff lounge. Present at the reception were faculty, staff, and students. In keeping with its objective of informing the Law School community on Asian-American issues, ALSA is sponsoring a lecture on "Redress for Japanese Americans." The lecture will be conducted by the Asian American Legal Defense and Education Fund in mid-April. The issue on redress for Japanese Americans is currently under consideration by Congress. Over 40 years after the military evacuation and internment of 120,000 individuals of Japanese descent during World War 11, bills are pending in both houses of Congress (H.R. 442 ilk and S. 1053) to provide: (1) y ALSA cordially invites you to attend the lecture, which is endorsed by the Black Law Students Association, and spon- congressional apology to \_\ internees; (2) a presidential pardon to those convicted of violating the racially discriminatory laws; (3) a public education sored by: Graduate Students Association, International Law Society, Latin American Law Students Association, Law Students Civil Rights Research Council, National Lawyers Guild, and the Student Bar As- fund which would inform the public about the internment, so that a reoccurrence may beprevented; and (4) a $1.5 billion trust fund to pay $20,000 in compensation to each survivor. The lecture will also focus on United States v. Hohri, 782 F.2d 227 (1986), a class action suit sociation. Ewing. . continued from page UI which attempts to hold the government liable for monetary damages arising from the internment. On Nov. 18,1986, the United States Supreme Court agreed to review the government's appeal in Hohri. While the government has admitted The 100 case studies described in the book cross racial, ethnic and socio-economic lines. Battered women who kill may be married to or living with physicians, laborers, the unemployed or the highly affluent or successful who are their abusers and torturers. According to Ewing there are some key differences between battered women who kill and those who do not. "Essentially, those who kill that theinternmentwas a moral wrong, the appeal will not directly focus on the legality of the detention. Instead it appears that the Court will examine issues of jurisdiction and statute of limitations. According to the AsianAmerican Legal Defense and Education Fund, the Supreme Court is scheduled to hear arguments in April or May of this year. experience more severe abuse early in the relationship which escalated more quickly than those who do not kill their abusers," he said. Also, the women who killed tended to be older and less educated than those who did not kill. "More importantly, perhaps, those who did not kill had not yet reached that point where they felt their psychological selves were in imminent danger of being destroyed," he said. If Ewing's proposed change in the law were to be adopted by state legislatures, it would be the first time in the nation's history that a legal doctrine of psychological self-defense would provide jurors with a legitimate legal basis for acquitting women charged with homicide of the men who repeatedly abused and tortured them. While Ewing's book deals with battered women, he notes adoption of the concept of psy- '.\r^t 3t-jTk'^fc^v^k^ 4r^.jEK!Bs9Hff~ The American Express* Card can get you virtually [thing from a leather jacket to a leather-bound classic. Whether you are bound for a bookstore ora beach in Bermuda. So during college and after, it's theperfect way to pay for just about anything you'll want. chological self-defense could apply to other cases such as battered children who eventually kill their battering parents. Ewing, who has served as an expert witness in many criminal and domestic trials, received his Ph.D. in child and family psychology from Cornell University. He was a post-doctoral fellow at Yale University and holds a law degree from Har- How to get the Card before graduation. College is the first sign of success. Andbecause we believe in your potential, we've made it easier to get the American Express Card right now. You can qualify even before you graduate with our special student offers. For details, look for applications on campus. Or just call 1-800-THE-CARD, and ask for a student application. The American Express Card. Don't Leave School Without iC vard. 1111111111111111111111111111111111111111111111111111111l p E q * (J M E c 9 • PROFESSIONAL TYPESETTING OFFSET • PRINTING SERVICE • FAST COMPETITIVE • PRICING MANY • DIFFERENT • TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING 4 SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! _________ ■ 3171 Main Street (Ualn S. Ol Winspearl BU"a'°' NY Tlß' VNMT? 8350100Falls BlvdJKWll^JlNjLr 1676 Nifroma- KMartl nfn\ H-TcHt HrvlSjij) Tonawanda, NY (aero*, . |It_vr 1834-7046 111111111111111111111111111111111111111111111111111l ■rbatbd Ml SERVICES Opinion April 1,__•»'• 1987 The ;•■.'•, ijVAi. <WT: ~ 'I :. 9 �I»t*b -tU Bi^~x*T^B Bll£-^**^S illi */_w_\ ml_4__l \l___M •"�■B illf »f^i \L_\W The Best Course Of Action. Stanley H. Kaplan has test^prepped students for nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and others. Over 110 permanent centers nationwide open days, evenings and weekends. - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake charge. Prepare with Confidence IN THE BUFFALO AREA CALL (716) 837-8022 CALL TOLL FREE 800-343-9188 800-223-1782 10 The Opinion April 1, 1997 I I I I �Ninth Race JudicataAttracts Classy Competitors by John Zuroski The O'Brian Harriers, the Law School running club, would like to announce the running of the Ninth Annual Race Judicata on Thursday, April 16 at 4:15 p.m. This is the annual Law School running race for all law students, faculty and staff. The race route begins in front of O'Brian Hall and is fast, flat and relatively short (2.4 miles). The race is sponsored by SBA, which will provide all awards, food and drink after the race. If you're a beginning jogger or have never entered a race before, then this is a great opportunity to get a taste of competition. If you're an experienced racer looking for some hot competition, then you'll be glad to hear that Alberto Salazar and Carlos Lopes (the Olympic gold medalist) have accepted our invitations and will be competing for the coveted first prize one. There will be a table in front of theLaw Library to order these shirts and to sign up for the race. As to the Law School field here are some early predictions: (1) Jack Luzier will not run the race dressed as a pilgrim, but will instead wear a costume resembling a New York reporter; (2) Wade Newhouse will fire the starter's pistol to begin the race; (3) Katie Kieb will run the race, though she'll claim not to be entered until seconds before the gun goes off; and (4) Larry Specazzi will not win the race. P.S. Not every fact in this announcement is true the course is actually just a little trophy. In the women's field, Mary Decker-Slaney and Zola Budd should provide some excitement. (We had to get somebody to give JenniferSanders some competition.) Last year's race drew 60 people and this year we are hoping to double that number and have 50,000 screaming spectators lining the spine to root on the runners. Like last year, there will be a commemorative race T-shirt offered at cost to all those wishing to buy — Oppression in Latin Am. Is Focus of NLG Oppression at home and abroad has been the focus of the UB Chapter of the National Lawyers Guild this semester. The Guild's Latin America Task Force (LATF) sponsored a slide presentation by Carol Alt, who spoke about the suspension of civil rights in Chile. Alt, who recently returned from a church-sponsored factfinding tour of Chile, stressed the need for an end to U.S. support for the brutal dictatorship of General Pinochet. The Guild's LATF also promoted campus awareness of U.S. complicity in the contra-inspired terror in Nicaragua. A month-long display in the Law Library highlighted the great strides in health care, literacy, and popular participation in the political process that have occurred in Nicaragua since the Sandinista triumph in 1979. The display contrasted this progress with the destruction of life and property caused by counter-revolutionary mercenaries in the employ of the U.S. taxpayer. The display was assembled from items collected by law students who had recently studied in Nicaragua. Richard Giacoma, chair ofthe LATF, encouraged Guild members to express concern to elected representatives about the nature of aid to the contras. In conjunction with the Buffalo Area Pledge of Resistance, the Guild and the UB Greens sponsored a mail-in campaign directed at Congressional repre- stitute (Managua). Both will speak on Thursday, March 26, in O'Brian Hall room 108 at 7:30 p.m. and again on Friday, March 27 at the Unitarian Church, Elmwood at West Ferry, at 7:30 p.m. UB Law Student Special .With Proper I.D. (21 & Over) |3 ■ _ 2 for DD \^^ \^^— U MOVIE IS FREE m^ T ■ i| C ■ - PLUS Complimentary Film Entertainment • | | - 3:00 5:00 1:00 3:00 Featuring Outstanding Food In 'Heterosexisf System questions and has in fact expressed wishes to be reunited with Ms. Thompson. Despite the frightening rami- by Kenneth Yood In November 1983, Sharon Kowalski was severely injured in a car accident. Now a quadriplegic, Ms. Kowalski is no longer able to take care of herselfand is therefore confined to a nursing facility. Following this crippling accident, a battle en- fications of the above for the rights of all the disabled, many of the leading disabled rights groups are shying away from the case due to the overriding issues of homosexuality. In Ms. Thompson's own words, "(The case of Sharon Kowalski] is establishing case law that could be used not only against gay and lesbian couples and unmarried heterosexual couples living together but against every single human being, as well. In one split second any of sued between Ms. Kowalski's father and her lover of four years, Karen Thompson. Since the accident, Ms. Thompson has been deniedall visiting rights to Ms. Kowalski and Ms. Kowalski has been moved to an inferior care facility by her father in order to further insure that Ms. Thompson does not have any access us could become Sharon Kowalski. We could be disabled through accident or illness, and this case could be used to take our rights away from us." On April 3, at 4:30 p.m. in O'Brian Hall room 108, Ms. Thompson will speak about her custody battle'for Ms. Kowalski and related issues facing nontraditional couples in today's heterosexist legal system. Ms. Thompson's talk is sponsored by the Law Students Civil Rights Research Counsel, the Gay Law Students Organization, the National Lawyers Guild, and the Association of Women Law Students. to his daughter. In an effort to strip Ms. Kowalski of all rights in the matter, her father and those representing him have consistently mis- represented Ms. Kowalski's medical condition. Ms. Kowalski has been described by her parents, their attorney, and the straight press as a quadriplegic totally helpless mentally and physically, totally incompetent, incapable of making any deci- sions for herself or communicating her wishes in any way. In contrast, there is docu- mentedevidence that Ms. Kowalski can respond coherently to • ■ ■ ■ ■ , continuedfrompage I ployee payroll deduction plans by large mainstream fund-raising entities like the United Way. The problem was designed to find some legal solutions to the arrangements monopolistic existing within the fund-raising sector. Black community. In fact, the issue of the moot court problem posed a timely question involving Black-controlled charitable organizations' ability to raise funds. This situation is exacerbated by the dominance of efficient fundraising techniques such as em- Becoming a Person ■ Latin and Third World heroes; that is, a power, control, cultural, economic, systems, in- stitution, program, process approach. At this point of the Im- mersion stage the person is able to begin to discard or seri- ■ ■ continued frompageS and the emphasis is cognitive and not biological. The person is now at least receptive to the critical analysis of the Puerto Rican condition from a cultural, political and socio-economic point of view. Accepted factors are incorporated and the person focuses or at least is now highly receptive to discussions and plans for action for the development (liberation) of the Puerto Rican community and the necessary transformations of the Puerto Rican lifestyle. Puerto Rican people at birth) Shows at 5, 7 & 9 p.m. Weekdays Additional 11 p.m. Show Fri./Sat. -SAT.&SUN-LUNCHEONI MATINEES 11:30 2:30 Fri. thru Mon. - Non-Traditional Couples wards reverse and racism or American thinking. The American man is humanized (painfully, American people are recognized as equal to ru.ESTAURANTJIr I mailboxes. ously question the simplistic components of his worldview, especially the tendency to- Week of 3/27 "Children Of A Lesser God" Week of 4/3 "Peggy Sue Got Married" U I "i^^iß — WJw C vfenemaPub £ff D P fijll fj/j^^S Clarence, NY Zuroski or drop a note in their Douglass Moot Court. drinks Faculty and Staff Also V:^ Welcome For Specials. E2 I sentatives from New York State. Thousands of anti-contra messages have been mailed from ÜB, according to Giacoma and Robbie Billingsley, who coordinated the endeavor. The NLG is currently planning to host a Nicaraguan soldier, Frank Serrano, who will speak on issues of conscription, contra violence, and health care. Serrano will be accompanied by Mark Cook, from the Central American Historical In- hilly. If you have any questions about the race, just ask Jack Luzier, Dave Gugerty, or John DRINK & FOOD SPECIALS J| Student Bar Association UB LAW SCHOOL DINNER-DANCE April 10, 1987 l_ L ■ L • :..i At Niagara Falls Convention Center Cocktails at 6:30 p.m. Dinner at 7:30 p.m. $11 Per Person Dancing and Cash Bar Semiformal Dress Until 12 Midnight All tickets must be purchased in advance. Tickets will be on sale April 1-7 in front of the Law Library. All faculty, staff, students and their guests are invited to attend. April 1, 1987 The Opinion 11 �ATTENTION: CLASSES OF 1987,1988 & 1989 I SAVE $100. j^fl I When you register early for BAR/BRTs 1987,1988 or 1989 New York, New Jersey, Massachusetts, Connecticut, Vermont, New Hampshire or Maine Bar Review. You get materials—NOW. And the nation s largest and most successful bar review course and you save $100 off the current price. The last day to save $100 off the price of your course is: H I 212/594-3696 201/623-3363 \S^^^Jl_l Head Rep. Head Rep. S. Stopler — H.Barry — Todd Bullard The Opinion April 1, 1987 Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg JenniferSanders JoelSchecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder Larry Spiccasi SamSpiritos Bonnie Mettica Kevin Comstock « O »*^ /r_P^^B^^i**M!v^i' 2nd Year Reps. Vrt Ypar Rens " Bernettaßourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Karp Katie Keib Jay Kennigsberg Alicia Lacappruccia JayLippman Dave Piatt Rickßesnick JSSi 1 617/437-1171 M ~i~~ ___________________________! 12 H Wednesday, April 22 . CoraAlsante Shari Berlowitz Mikeßiehler Festus Campbell Maureen Casey Melanie Collins AlDong Gail Ellington Susan Gass Susan Gigacz BobMcßride Joshß. Rosenblum Lisa Strain ScotThurman JimTierney Christine Tsai Debbie Dewitt Walker John Williams Dana Young Carol Livsey Ist Year Reps. Derek Ak.wum. Arlyn Goldberg DaveQuinn Charlie Favata Ben Bruce TonyParlato Dan Schwartz ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1987 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:56:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3748dc30fc11643edfef485dbb924ecf.pdf 49515078e3153c6a2d79a5f3716a8d3c PDF Text Text . Wade's Warriors Inc. Makes Final Four by Kevin O'Shaughnessy They ors has been criticized call me sexist! They call me militaristic! Well, I don't care if I come out smellin' a little bad. Hell, I've been in a lot of places where everybody smells a little bad..." The Colonel mentioned that this would be his last campaign and that "the old Colonel's hangin' up his guns after this one." He went on to declare, "... if I have to play the role of a Confederate Colonel and drag this poor soul (pointing to the cringing Dean Newhouse) into the role of General to raise money for Haven House (a local battered women's shelter) and raise school spirit, so be it!" The press conference concluded with the Colonel introducing members of the board Wade's Warriors, the Law School's all-star intramural basketball corporation, finished third out of 20 teams at the 12th annual Western New England College of Law Basketball Tournament. The Warriors, seeded 19th, quickly became the tournament's darlings on theirway to the final four due to the combination of on-court talent, media hype, coaching, and good management. The Pep Rally The Wade's Warriors pep rally on Feb. 25 was well attended and psyched up both school and squad. Colonel George "Black Jack" Villegas was at his feistiest when he declared, "I know Wade's Warri- Wade's Warrior's in action. (Marjorie Girth and Aundra "Sweet Magnolia" Newell), members of the team and the General himself. Dean Wade Newhouse. Newhouse presented Tammy Schultz of the National Lawyers Guild with the $300 that was raised through the Wade's Warriors campaign for Haven House. The Journey The next day, the four-car Wade's Warriors motorcade (three cars for the players and a mysterious staff car with an "official government agency" sticker and Ohio license plates the staff car contained the management: Traveling Secretary and Assistant Vice PresidentBrian Bornstein, Corporate Vice President Steve Pidgeon, . continued THE OPINION Volume 27, No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OFLAW on page 14 March 11, 1987 SBA Charges Policy Violation on Star Wars by Zulma A. Bodon After a lengthy discussionaddressing the legality of Strategic Defense Initiative (Star Wars) on campus, the Student Bar Association (SBA), by a unanimous vote, adopted a resolution on Wednesday, Feb. 18 asking the University to observe its own guidelines which mandate the unrestricted disclosure of research activities. According to SBA President Brett Gilbert, "This is not a resolution that either supports or condemns Star Wars research. It is a resolution that asks the University to follow its own rules regarding the free flow of information from all research contracts." Eric Goldhagen, a member of the UB Greens, was at the SBA meeting to explain the resolution and to outline the standards set out in Section 042 of the SUNY guidelines. According to Goldhagen, Section 042 was added to the SUNY guidelines in 1967. He explained that based on a memo from Chancellor Gould to SUNY campus presidents, the purpose for adopting Section 042 "was to explicitly forbid secret contracts or clauses that would restrict the free dissemination of research findings." Section 042 states that "any research-related programs con- ducted by personnel at the University, carried out in State-operated universities or colleges or on University controlled premises, shall be unrestricted as to thedissemination publicly of the conduct, progress, and result of such research or research related programs." The Research Foundation of SUNY, the group responsible for overseeing all research at SUNY campuses, entered into a contract on Aug. 23,1985 with, the Defense Nuclear Agency. Under the contract, the Univer- sity agreed to conduct research on "SDI Power Conditioning." The signing of the contract, said Goldhagen, violated Section 042 because "it contains prepublication review clauses that contradict the University's standard of unrestricted open- ness of research." Goldhagen further explained that the contract's prepublication review clauses direct SUNY to submit copies of any material prepared for public release to the Defense Nuclear Agency who will then "review the draft and return it without delay to the contractor with his comments and recommendations including any security classification." The SUNY Research Foundation's Research Directors Hand- book, according to Goldhagen, provides that "SUNY forbids the acceptance of any research contract, or agreement thatprohibits the publication of results without specific waiver by the Board of Trustees; and according to Dr. Charles Carls, ÜB's director of Sponsored Program Goldhagen also indicated that some members of the Administration feel there is no conflict between this contract and SUNY guidelines because no information regarding SDI research on campus has yet been classified and that the government can classify any research, even research that is not government funded. continued onpage 2 Women, Minority Faculty Appointments Lagging by Zulma Bodon Although the Law School's Faculty Appointments Committee (FAC) has and continues to make efforts to recruit women tion to the special concerns of the individual,and by exploring ways in which the candidate's interest can be integrated into the curriculum. and minorities for clinical and teaching positions, the actual number of faculty hired ip the last 8 academic years does not reflect any significant changes in the hiring of women and minority candidates. Thus, the shortage of women and minority faculty in UB Law School is not only visible but critical. In a memo circulated to the faculty, Professor Betty Mensch expressed concern over the pattern that has emerged in recent years with respect to hiring women and minorities. Her Dean Wade Newhouse called the Mensch memo "very useful" and pointed out that he sent Professor Mensch a letter of thanks. The Dean stated that the hiring of minorities and women was "a moral imperative." Prof. Betty Mensch. memo was critical of certain instances where the FAC could qualified have attracted feminist women and minority candidates by focusing atten- In an attempt to further explore this problem. The Opin- ion interviewed several representatives of the FAC as well as some members of the faculty. First, we wanted to learn about the composition of the commit- Dean Search Process Continues , by Krista Hughes Since they began soliciting applications, the Dean Search Committee has received approximately 120 resumes from individuals who are interested in becoming UB Law School's next dean. Kyle Maldiner. Administration, this contract has not been reviewed by the Board of Trustees." Out of the 120 resumes the Committee selected eight individuals who will definitely be asked to come here for preliminary one-day visits. The Committee is looking for further information on at least two individuals and there is still another <group of applicants who are being considered. Two of the top eight applicants have already met with the Committee, the first on Tuesday, March 3, and the second on Friday, March 6. These oneday visits are essentially for purposes of screening, and are with members of the Dean Search Committee only. It is only after these preliminary meetings that the Committee can decide whether to ask a po- tential candidate back for a second, more extensive visit with students, faculty and administrators. The one-day visits are carefully planned by the Committee so that the applicant is meeting with a diversity of individuals throughout the day. For the first invitee, breakfast was with members of the Committee, lunch was downtown with the lawyers on the Committee, and the afternoon was spent finding out about the Law School. TwO more applicants are scheduled to come in before continued on page J tee, the search procedures and the appointments process. We were also interested in knowing more about the selection cri- teria before the recruitment process is put in motion. Fi- nally, we also looked for statistical data showing the number of women and minority candidates hired in the last 8 years. Composition of Committee The usual number of people in the FAC in any given year is nine. This year's committee is composed of six faculty members and four students. The selection of students to the committee is conducted by the Student Bar Association (SBA), continued onpage 4 inside Financial Aid News The Opinion Mailbox .. Movie Review .... 5 8, 9 11 Wade's Warriors 15 Pics ..... �SBA Changes Policy . In response to this position Goldhagen asked: "Since these clauses are not needed to classify the results of this research, why are they included in the contract in the first place?" And, . "Why is this research funded through Defense Department category 6.3, usually used to fund classified research?" Most University research, he said, is funded through cate- Ground Water Resources Issue in Environ. Law by Dave Piatt The 17th annual Course of Study in Environmental Law was held in Washington, D.C. on Feb. 19-21 to discuss the status of and recent amendments to various federal environmental statutes. This event is sponsored annually by the American Law Institute and the American Bar Association and brings together renowned environmental lawyers and policy makers from across the country. Keynote Address The three-day course was kicked off by keynote speaker Sen. David Durenberger of Minnesota, who spoke about the issue of groundwater contamination. The groundwater resource, said Durenberger, is one of our most valued and least talked about resources. He emphasized thatthis vast resource is quite complex and vulnerable; groundwater resources cannot just be cleaned up following contamination the way that surface waters supposedly can be. The nature of this resource, said Durenberger, demands a regulatory program which prospectively prevents contamination rather than a program which merely reacts to pollution activities in an ad hoc and corrective manner. Durenberger outlined three elements which he considered imperative forany comprehensive groundwater regulatory program. First, such a program must include an aquifer classification system based on the relative vulnerability of each body. Second, water quality standards are needed to serve as objective yardsticks measuring the maximum allowable concentrations of pollutants to be tolerated. Finally, such a program must target potential sources of contamination such that problems are addressed in their incipiency. Sen. Durenberger said that such a regulatory program could possibly be generated by Congress within the next two years. His enthusiasm and optimistic approach toward groundwater protection, said Durenberger, stemmed from the "grass roots" nature of the groundwater protection movement and from the bipartisan commitment of Congress toward environmental protection. Legislation Reviewed Legislative amendments to federal environmental laws made by the 100th Congress, along with common law developments in each area, were the major topics for discussion. The following consists of an outline of topics covered in the course. In-depth materials from the course materials are availablefor photocopying from the Environmental Law Society. I. 11. Superfund (CERCLA) and Related Developments a. Changes in procedures for settlement of cases, claims and related enforcement issues b. Superfund enforcement c. The new Superfund and business d. CERCLA decisions during the past year c. Superfund Amendments and Reauthorization Act (SARA) Environmental Litigation Developments a. Standing b. Ripeness and exhaustion of remedies c. Preemption d. Federal common law c. Sovereign immunity f. Scope and standard of judicial review g. Discovery and the administrative record h. Nuisance and trespass i. Laches, res judicata and collateral estoppel 111. RCRA Amendments and Other Hazardous Waste Developments a. Corrective action and loss of interim status b. Actions for personal injuries/other damages IV. NEPA and "Little NEPA" Developments a. Affect on private practitioner b. NEPA litigation V. Clean WaterAct and Safe Drinking WaterAct Amendments VI. Clean Air Act Amendments a. State Implementation Plans b. The EPA perspective , VII. Wetlands Protection a. FWPCA b. Other laws affecting c. Common law decisions VIII. Criminal Enforcement of Environmental Laws a. Prosecution and defense of environmental actions b. New York criminal enforcement IX. Citizen Suits a. Statutory provisions b. Litigation strategies c. Attorney's fees Contact Dave Piatt, Marty Spitzer or Steve Axtell for further information on the course or to gain access to the course materials. Dave Piatt is a member of the Environmental Law Society. 2 The Opinion March 11, 1987 continued frompage I gories 6.1 and 6.2 which targets basic exploratory research. Goldhagen contends that the objective of the SDI "is to develop radiation hard electrical capacitors" and the use of the capacitors "is clearly stated in the contract, which means that the purpose of the contract is not to do basic science research, but to develop an integral part of the electronic circuitry for SDI." In light of these facts, Goldhagen concluded, the inclusion of the clauses in the contract points to the government's intent to generate classified re- sultsfrom SDI research on cam- pus thereby violating SUNY guidelines. "When looking at the purpose of this research," he said, "it becomes perfectly clear that if this project produces results it will become classified." WHEREAS; SUNYGuidelines Sect. 42 states that, "Any research or research-related programs conducted by personnel of the University, carried out in State operated universities or colleges or on university-controlled premises, shall be unrestricted as to the dissemination publicly of the conduct, progress, and result of such research or research-related programs." And, WHEREAS; UB is conducting research under a contract that allows for pre-publication review and the classification of any research results. And, WHEREAS; This project is to develop an integral part of the Strategic Defense Initiative, a weapons related project, and the more mission orientated a military research project is, the more apt it is to generate classified results. And, WHEREAS: The SUNY Guidelines designate the Board of Trustees as the final authority for deciding questions concerning the dissemination of research information. Therefore, BE IT RESOLVED; We, the Student Bar Association, urge the University, and the Board of Trustees to pursue one of the following courses of action: 1. Immediate cessation of research funded under contracts that restrict free flow of information. 2. Renegotiation of any contracts that restrict free flow of information. And, BE IT FURTHER RESOLVED; We, the Student Bar Association urge investigation and review of all research contracts held by University personnel within the DOD (Dept. of Defense) for any violations with SUNY Guidelines concerning classification. Dean Search spring break, and the remaining four will be scheduled for later in March. Second visits will probably be slated for April, and according to Jim Hayden, a student member of the Committee, "we may actually start the second round [of interviews] before the first round is done." Both Hayden and Kyle Maldiner, the other student representative to the Committee, remark that the eight who have been chosen look "tremendous on paper." The crucial part, however, is whetherthe person actually meets with the expectations. Actually meeting the candidate is to potential Hayden "the most significant part of the process." Neither Hayden nor Maldiner could give any details about the eight invitees, mainly because none of these people have en- tered their names as definite candidates. continued from page I It is evident, however, that the selection is relatively diverse. Two of the applicants are currently associate deans of law schools, several currently have positions as law professors, and all have at some time been tenured as professors. Several candidates are as young as mid-30's, and apparently a wide range of schools is represented. Only one woman is scheduled to make the initial visit to ÜB, and both Maldiner and Hayden are enthusiastic about her credentials and her potential as a candidate. No minorities are included in the top eight applicants; however, the Committee is in the process of obtaining more background information on one potential minority candidate. When the Committee has selected one or more of the initial invitees to present to the rest of the Law School, definite Jim Hayden schedules will be set up so that each candidate will come to the school for at least two days in order to meet with the faculty, the students, and various other Law School and University personnel. Student meetings are considered an important part of the process, and participation in the scheduled meetings is strongly urged by both Hayden and Maldiner. NY Public Interest Symposium; More Employment Opportunities by Melinda K. Schneider The Public Interest and Public Service Legal Career Symposium was held on Feb. 26 and 27 at New York University School of Law. The purpose of this program is to encourage an exchange of career and job information between attorneys from public interest and government offices and law students from 17 law schools in the New York metropolitan area. There were 40-50 organizations represented at the symposium each day to conduct either formal or informal interviews with the participants. Formal interviews were scheduled beforehand through the Career Development Office, but it was possible to pick up another interview each morning due to cancellations or noshows which left slots open on a first-come, first-serve basis. Informal interviews were conducted in the Greenberg Lounge of the law school, where prospective employers were set up at numbered tables each morning. These organizations would talk to any and all students who approached them, but they were basically more informational than specifically job oriented. In addition, there were panel discussions on both Thursday and Friday afternoons open to all participants and dealing with a variety of public interest subjects such as legal aid and career opportunities with government agencies. Diane Dean, the graduate assistant for Public Interest Careers, will student participants from UB for their impressions of the symposium in a formal questionnaire sheis preparing. Anyone who attended this year's symposium and would like to comment either positively or negatively about the benefits or value of the event should contact Dean at O'Brian Hall, room 625. Bflo. Journal ofContemp. Law Granted Charter by S.B.A. by Brian Ton On Wednesday, Feb. 18, by a unanimous show of support (12-0-0), the SBA chartered a new legal journal. SBA recognition has resulted in office space and funding for the new journal. An article in the Opinion on Feb. 25 referred to the new journal as the UB Law Journal. It has since been renamed the Buffalo Journal of Contemporary Law. The results ofearlierresearch conducted among the UB Law School student body demonstrated the interests of students in the formation of a new law journal. The Buffalo Journal of Contemporary Law aims to provide greater opportunity for law students to participate in a law school journal thereby refining their research, writing and revision skills, as well as acquiring editorial, organizational and publishing skills. Interested students should contact: The Buffalo Journal of Contemporary Law, 416 O'Brian Hall; Telephone: 636-2474. i» fcvmk »«•■•«. MM M Ik- Txk. Ifcw Txk loooi (iIIMM-iM* {MI)MI-M*S �don't take any chances. To pass the bar examyou needthree things — edge, exam technique and confidence. substantiveknowl- BRC is tfieonfyNew York course that givesyou allthree. Our substantive outlines are concise and stiff have all the law you need to know. Our problem-solving lectures, vast bar questions and suggested analyses, exam writing materials and lectures, and our "techniques for answering multiple-choice questions help your ''examsmanship." Also, weekly essays phis three simulated bar sessions that we administer are graded and fully critiqued (in addition to your graded I objective testing). Finally, the computer feedback that you get from the Diagnostic Testing with our course insures that you are fully aware of your strength and weaknesses Before the exam, and this knowledge breeds confidence since you know that you have been prepared by experts who show you how to do just one thing — pass the exam. JOIEPHION tf KLUWER LEGAL EDUCATIONAL CENTERS, INC. J^M © 1987, Josephson/Kluwer Legal Education Centers, Inc. March 11, 1987 -The Opinion 3 �Faculty Appointments while the faculty representatives are chosen by vote of the entire faculty. Usually, faculty members remain on the committee for two years; students serve a one year tenure. There are two female members serving on the committee this year: Marcia Zubrow, representing the library staff, and third year student Mary Anne Bobinski. Thus, there are no women faculty on this year's committee. Professor Fred Konefsky is this year's chairperson. He has served on this committee several times in the past. Otherfaculty members in this year's committee include Professors Robert Berger, Guyora Binder, John Schlegel, and Dean Wade Newhouse. Students are also represented by Jim Ghent (first year), Doug Hoffer (second year) and Charles Johnson (second year). As Chart A below indicates for the last 8 academic years, the composition of this committee has consistently been dominated by white male faculty members. Search Procedure The screening of candidates begins in September. According to Konefsky, in any typical year the FAC receives between 500-700 resumes from the American Association of Law Schools (AALS). These are distributed to all members of the committee who make their selections. The committee then votes on who should be interviewed at the AALS Recruiting Conference held in Chicago each year. The amount of resumes received during this preliminary stage, commented Zubrow, "is indicative ofthe extent of the work involved in the initial screening process." As to the search for qualified women and minorities during this phase, Konefsky said that given the fact that the pool of qualified minority candidates is relatively small, "we have the opportunity to look at every single one of them." The chart on page 13 (Chart B) indicates the number of resumes reviewed by the AFC and reflects the total number of women and minority applicants. The rest of the law faculty also contributes in the selection of potential candidates. Binder continued from page I explained that the faculty "often submit names of people they know personally and whom they think ought to be interviewed." When asked how often women and minorities are recruited through this infor- the committee as a whole. The student representatives report the reactions of the students. The committee then votes on which candidates should be recommended to the faculty for mal method, Binder replied: "If you have a faculty that is predominantly white male it is not surprising that most of the that after a discussion of the candidate's qualifications, the entire faculty votes by secret ballot. In order to get appointed, a people that they know who are seeking a teaching position also turn out to be white and male." Selection Criteria Prior to the screening of resumes, the committee establishes the criteria by which the selection of potential candidates is guided. According to Binder, members of the committee conduct informal interviews with all members of the faculty asking them what, in their opinion, they consider to be the hiring needs for the year. "The way those views get solicited on the committee is usually after we have reported the opinions of everybody that we have interviewed. Then we report our opinions just as additional members of the faculty," said Binder. The committee also makes inquiries to the Dean regarding the number of lines that might be available; whether the Central Administration is likely to hire an additional person; and what sort of particular curriculum needs the Law School might have. Binder explained that the need to look for minority candidates was one of the major concerns addressed by the committee this year. They also expressed interest in recruiting more women, and in particular more feminists. "We established that one of the things we would be doing this year," said Binder, "was to look for minority candidates. We also agreed that there was a need to hire more women who would pursue research and would teach in a way that was informed by feminism." Appointments Process After the candidates are brought through the interview process, every member of the faculty is again interviewed on their reactions to the candidates. Those reactions are then reported by the members of the Appointments Committee to appointment. Binder explained candidate needs to get voted "by a substantial majority," said Binder. He also indicated that, in practice, "what that means is that they have to get a two-thirds majority (vote). Anything less than two-thirds is considered a negative vote and they are not made an offer." Results In the last 8 academic years, the process described has produced the following hiring results. (See Chart C, page 13.) The Problem Why is it that in a progressive institution like ours the number of minorities and feminist women on the faculty remains so small? It is difficult, on the surface, to identify any particu- lar variable as the cause of "the problem." The fact remains, however, that the shortage of women and minorities on the faculty is real. This suggests that by simply having a well organized system designed to screen and recruit candidates from a specific target group will not necessarily achieve affirmative action results. Thus, the problem does not seem to be "the process" per se: something more fundamental is at play. As suggested by Professor Mensch in her memo, one should not conclude thatrecent hiring trends are a direct result of racism and sexism in theLaw School; it simply means that "we need to be more aware that negative patterns tend to occur without bad intent." The problem, she goes on to say, "has been aptly called the arbitrary quality of thoughtlessness." Patterns, therefore, are a warning that at every level there are institutional, unconscious, factors which channel the appointments process towards reproducing a faculty that looks like the faculty we already have. The recruitment of women and minorities must also be Chairperson 86-87 1* Male(M) 85-86 1* Male Faculty Members 84-85 Female 83-84 82-83 81-82 80-81 79-80 4 The Opinion March 11, 1987 1 evaluated within the context of the many human elements that control or influence the decision making process that leads to the appointability of these candidates. That is, there are unconscious but subjective factors which influence the individual evaluator when arriving at her or his selection. For example, questions may arise about whether the candidate exhibits potential for scholarship; whether the person appears to have the ability to manage a classroom; whether he or she is calm, collective or any other characteristic that might indicate an "intellectual." All these raise questions as to whether subjective criteria plays a dominantrole in selecting a candidate. This, of course, does not mean that tfiese criterion are appropriate or inappropriate. What it means is that if members t of the FAC, as evaluators, view the world in a way that is not familiar withthe experiences of women and minorities, and you can postulate that they are affected by the same forces in the society as anyone else, then their judgment is going to be slanted. Recommendations If our Law School is serious about reversing the recent hiring trend, this change will only come when the feminist and minority perspectives are included in the recruitment process. The Faculty Appointments Committee needs the insight of women and minorities in fashioning implementing and change, and in helping to bring a higher level of awareness and sensitivity about the particularitiesthat can attract more women and minorities to the Law School. An argument can be made Female Faculty Members Academic Year Prof. Fred Konefsky. that, right now, the Law School does not have enough women and minority members on the faculty to serve on the Appointments Committee each year. This is true; there are only two minority members on the faculty, and there are barely enough women to fill the gap. This, however, should not be used as an excuse but as an illustration of the magnitude of the problem, and the urgency for corrective measures. In this regard, the words of Binder are relevant: "It is a cyclical self-fulfilling prophecy if you have not enough women faculty and not enough minor- ity faculty, you'll consistently have not enough female and minority representation on the committee." The committee must start somewhere. It can, for example, make more aggressive ef- forts to obtain funding from AffirmativeAction lines already in existence from the Central Administration; increase the number of women and minority student representatives on the committee; and set up a network of community people with whom the committee can establish social contacts and perhaps even organize events during the recruitment period. As suggested by Professor Isabel Marcus: "You need to, in advance of the candidate coming here, set up arrangements and connections with the communities that feminist women and minorities would regard as appropriate connections outside the confines of the university." Thus, men on the FAC must begin to make more conscious efforts to understand that if a candidate is a member of a minority group they are going to consider factors that are above and beyond salary and school reputation; they are going to be concerned about whether they are going to have a network of support from people withsimilar experiences on the faculty and from people outside the Law School. Similarly, feminist women would find it difficult to practice scholarship feminist and feminist teaching in isolation. The intellectual method of feminism requires collective consciousness raising, so it needs to be done in a group in order for it to be effective. This is going to be a concern on the part of any feminist woman who is considering whether or not she is going to come here. Binder expressed this view quite vividly: "She is going to look around and ask 'is there a critical mass of feminists already here? If not, is it going to be difficult for me to practice my craft?' These are difficulties that we must confrontand learn how to overcome." One possible way for exploring ways to learn how to overcome these problems, according to Konefsky, is to address them at an open faculty meeting: "Open deliberation should be the process for determining a faculty hiring policy." Finally, theentire Law School community must continue to participate in developing creative ways in which ideas and information relative to the issues of sexism and racism can be confronted. It is imperative to maintaina non-sexist and a culturally diverse environment where intellectual learning and human growth can be nurtured simultaneously. continued on page 13 �Financial Rumors Answered in the Affirmative by Kathy Peterangelo Johnson Many people have been stopping by with questions concerning various "rumors" they've heard pertaining to the expenses. This may affect your eligibility. Guaranteed Student Loan (GSL) program. Hopefully, this will dispel those rumors. First, yes, you can apply for an additional $2,500 of GSL funding (on top of the $5,000 maximum which you were already able to request)! As was discussed in an earlier Opinion article, new regulations upped cap on graduate GSLs to th^ $7,500 and ALAS loans to $4,000 (the prior yearly limit here was $3,000). These new limits went intoeffect on Jan. 1. How do you apply for the additional amounts? Well, the first step is to get a new loan application. Second, complete the student section listing the loan period as "Jan. 1987-May 1987." Because the regulations went into effect Jan. 1, you can request the additional amounts for the Spring semester only. NOTE: For next year, you can request $7,500 and/or $4,000 ALAS for the loan period covering the entire academic year. The second step is to turn in the loan application to myself or Admissions and Records. Please remember that the additional amounts can only be requested for the Spring 1987 semester. Therefore, your need for the loan is only assessed on one semester's worth of cost and not upon your entire year's Kathy Peterangelo Johnson. So much for rumor number one. The answer to rumor number two is "yes," you can request loan money to coveryour Bar Review course costs, but there are several qualifications. First, you can only take advantage of this option if you are a third year student.This is a onetime-only allowance. Second, you must document your enrollment in a course via a copy of your contract. If you have not yet enrolled in a course, I will need a cover letter from you stating the course in which you plan on enrolling, and the cost of that course. This documentation is attached to your loan application. Third, only the cost of the Bar Review course itself can be con- sidered. Any writing courses or living expenses over the summer cannot be included. Nor can the actual cost to take the Bar be included. Here's how this works. The cost of the Bar Review course is added to your budget which, hopefully, will increase your loan eligibility. Remember, however, that a minimumfamily combinationof $900 must be used in computing your loan eligibility which in the final analysis may result in simply cancelling out the adjustment for the Bar Review course. Rumor three concerns your independent status and its effect on your loan eligibility. For purposes of assessing your GSL status only, the new independent definition went intoef- feet on Jan. 1. As a result, any student submitting a loan application for Spring only (Jan. 1987 May 1987) may be evaluated as an independent student even if they were dependent on the FAF for 1986-87. So for those of you who were ineligible for a full GSL this year due to a high parent contribution, here's your chance to see if you qualifyfor more as an in- - dependent. Independent status for the Spring semester is most often established if (1) you were born before Jan. 1, 1963, or (2) can declare that your parents will a new GSL. To do this,'get a new application from your lender, fill it out for the Spring semester only (Jan. 1987- May 1987) and turn it in to Admis- sions and Records. As in the case of applying for the additional GSL and ALAS funds, your application will be reviewed using cost, aid and family contribution figures for the Spring semester only. Also, if your student status changes from dependent to independent, you will be required to fill out a short certification form from the student loan office. not claim you on their 1986 tax return. If you meet either of these requirements, it may be worth your while to reapply for Please let me know if you have any other financial aid rumors which you'd like to clear on the loan form. So, if your permanent address is in New York City, for example, be sure someone there can forward the loan to you or better yet to your lender as soon as possible. It will be approximately six weeks from the time you forward the loan to the lender until your loan check will be issued so it is very important to forward the loan just as soon as you receive it. forwarded in a Financial Aid Office Main Street envelope) and mail it out to the lender quickly it will make things considerably easier for us all. up. GSL/ALAS Undergo Major Changes by Kathy Peterangelo Johnson As you know, the GSL and ALAS programs have undergone major changes over the last year. Here's one more you should be aware of. All GSL/ALAS applications are now forwarded directly to the student after the school has processed the loan. The student in turn forwards the application to the lender. In the past, the school would forward the application directly to the lender, but no more. Once your GSL has been processed by the school, it will be sent to your permanent mailing address. This is the address which you are required to list I know it's a hassle for you and believe me, it's not helping things at my end either, but if you can justkeep an eye out for your loan application (it will be - Just so you all have a time frame as to when to look for your loans in the mail: I try to process loans on Fridays and they are generally sent out to students on Monday. That means your loan should arrive to your permanent address on Tuesday. Please note that this time frame will vary depending on when your loan is ready for processing and, of course, the volume ofloans being processed at that time. State Financial Aid Praised by NYSHESC Pres. by Dolores E. Cross I am proud of New York's rec- ord of support for students of higher education. Since 1981, we have, without question, made significant stridestoward achieving our Number One Goal: to make higher education accessible to students regardless of their financial resources. Recent achievements include: More than $100 million in increases for the Tuition Assistance Program, including a doubling of such assistance for graduate and professional students A new program of assistance for part-time students A new Scholarships of Excellence program aimed at retaining our brightest high school students at post- • • • secondary institutions within New York New financial assistance programs for Vietnam War veterans, for the training of teachers for shortage areas, and for the training of health care professionals New financial assistance programs to support minority student access to the professions In spite of New York's major inroads against student financial hardship, we have witnessed a constant negativism at the • • federal level which, if unanswered, will discourage our poorer residents from fulfilling their potential through higher education. The federal administration's withdrawal of support from higher education has created turmoil among students, parents, college administrators, and our financial community. The administration's ongoing efforts to drastically reduce federal support for student assistance through budget reductions and through the imposition of confusing, ill-timed, and ill-conceived forms and procedures havemade it exceedingly difficult to administer the federal programs. These policies have also contributed to a system in which loans have become the major source of aid, recently topping 50 percent of the average student aid package nationally as compared to 25 percent in 1975-76. This policy of forced borrowing can cause real hardship for low-income students and can force students to select programs and careers solely on the basis of salary expectations. The combination ofthese factors has created a negative environment for college attendance decisions and it is my sense that many families, par- ticularly low-income, are giving up on the dream of a higher education. We must initiate a new strategy to counter these trends. It must include improvements in the student aid delivery system and a concerted effort to con- front the obstacles being experienced by potential stu- dents. These obstacles include the diminishing pool of federal dollars as well as the systematic discouragement of poor and minority students through administrative complexities. Initiatives must be developed which act as incentives for students to stay in school; incentives in the form of improved counseling and increased dollars. The Higher Education Services Corporation (HESC), in a variety of forums, has proposed the following: 1. That steps be taken to reduce the sheer paperwork burden experienced by students, schools, lenders, and this agency. One way to do this is to move ahead in the development of a new electronic student financial aid network that would greatly simplify the application process. 2. That the HESC intensify its efforts with others in the fi- nancial aid community to highlight how New York State's student financial aid commitment might act as an incentive to encourage students to get a postsecondary education. The integration of academic counseling with "early awareness" of financial aid benefits should prove beneficial to our poor- er, less sophisticated students who, too often, enroll in noncollegiate courses because of a lack of information and encouragement. Our theme in this effort might be "Stay in School and Be a Winner!" This initiative will build upon the Early Awareness Program that HESC has been developing since 1981. Information on available aid, along with counseling, can be an extremely effective way of motivating students who would not ordinarily attend college. When young people are told in a straightforward manner that much of their college expenses will be covered by state and federal student aid, they may stay in high school, graduate, and go on to college. Early awareness about aid is an idea that works. New York's efforts to make it undeniably clear that financial aid is available may make the critical difference for high-risk students. 3. While we are encouraging people to act now to help students, I also believe that it is necessary to examine the various student aid programs and to determine what barriers currently exist. We need, for example, more information on the collective impact of both fewer federal student aid dollars and more complex federal administrative requirements. I believe that the current administration's emphasis on higher college costs begs the question of government responsibility. Federal student aid to meet the cost of attendance is more necessary than ever. We have much work ahead of us and I know that through our combined efforts, now and throughout the new year, we can make a difference in ensuring student access, choice and equity. Best wishes for a happy and prosperous New Year. Dolores E. Cross is president of the New York State Higher Education Services Corporation. Moynihan: Constitution and Iranamok Affair by Sen. Daniel Patrick Moynihan This year, of course, marks the bicentennial of the American Constitution. A century ago, in a letter to the committee responsible for the centennial celebration, the then British Prime Minister William Ewart Gladstone called it "the most remarkable work known to me in modern times to have been produced by the human intellect in its application to political affairs." It is just that: ... No written arrangement for a government has ever in history endured two centuries. What is not remarkable is that this bicentennial year should open with a great row here in the capital as to just what is required of those who, under the Constitution, just now are exer- cising their "brief authority" in the executive and legislative branches of the Federal government. If there is one thing we should hope for it is that in the course of this year we all get a little closer to that document and come to understand a little better just what is so special about it. That in turn should help us understand what is, well, familiar about the present stir over the sale of arms to Iran, the alleged diversion of funds to the American Constitution is this: It is assumed that men (and women) are not always on their best behavior and frequently on their worst. A plan of government was devised, literally, to cope with that "worst-case scenario," to use the modern contras in Nicaragua. What is special about the jargon. continued on page 7 March 11, 1987 The Opinion 5 �______ mm, I __ _x_^k-__________________Y______ _ , __i^L__m_\ ___ ______ "tm?r. aw .__ IT'S NOT TOO LATE TO I WITHOUT LOSS OF DEPOSIT. I SWITCH TO PIEPER I I I I I So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course I I will not be lost. I I I Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. I I I I I I ■ For more information see your Pieper Representatives or telephone I I I I I I I I (516)747-4311 ■ III:::, I I I I I I ■ I 6 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN The Opinion March 11,1987 MARIA LOTEMPIO AMY MURPHY DONNA SIWEK BRIAN MAHONEY CYNTHIA GONZALEZ ill ilffl (f I "^lllI AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE % I I I I I �Moynihan ... Remember thetask the framers took unto themselves. They were going to establish a republic. The last real republic the world had known came to an end in 49 B.C. when Caesar crossed the Rubicon in violation of the edict of the Roman Senate. Thus came to an end some six centuries of experiment in self-government which had begun, of course, in Greece. To any who knew much of that history, and the men at Philadelphia did, having read it in the original Greek and Latin, it was not especially reassuring. Given what Madison termed "the fugitive and turbulent existence 0f... ancient republics," who could dare to suggest that a modern republic could hope for anything better? Madison could. And why? Because study had produced a new knowledge, which could now be put to use. To cite the historian Martin Diamond: "This great new claim rested upon a new and aggressively more 'realistic' idea of human nature. Ancient and medieval thought and practice were said to havefailed dis-. astrously by clinging to illusions regarding how men ought to be. Instead, the new science would take the man as he actually is, would accept as primary in his nature the self-interestedness and passion displayed by all men everywhere and, precisely on that basis, would work out decent political solutions." This was a declaration of intellectual independence equal to anything asserted in 1776. Until then, with but few exceptions, the whole of political thought had turned on ways to inculcate virtue in a small class that would govern. But, wrote Madison, "If men were angels, no government would be necessary." We would have to work with the material at hand. Not pretty, but something more important: predictable. Thus, men could be relied upon to be selfish; nay, rapacious. Very well: "Ambition must be made to counteract ambition." Whereupon we derive the central principle of the Con- stitution, the various devices which in Madison's formulation offset "by opposite and rival interests, the defectof better motives." They called this "the new science of politics." We call it the system ofchecks and balances, which describes the arrangements whereby the Congress keeps a check on the President, and the President on the Congress, and the Court on both, and both on the Court, and so on and on. In No. 75 of TheFederalist papers, Alexander Hamilton explains the "intermixture of powers" in foreign affairs, specifically the provision that while the President would negotiate treaties, they could only be ratified with the advice and consent of two-thirds of the Senate present and voting. The observed, he Presidency, would inevitably lead to temptation. An "avaricious" President might use the office for the "acquisition of wealth." More importantly, an "ambitious" President might get into foreign policy adventures not at all in the national interest. He continued: The history of human con- continued frompage 5 ductdoes not warrant that exalted opinion of human virtue whichwould make it wise in a nation to commit interests of so delicate and momentous a kind as those which concern its intercourse with the rest of the world to the sole disposal of a magistrate, created and circumstanced, as wouldbe a President of the UnitedStates. They were thinking not just of treaties but also of war. Presidents would be tempted by war; hence only Congress could declare it. The last declaration of war by the United States came on Dec. 8,1941, one day afterPearl Harbor. But that has not been the end to battle. Since then, in Korea and Vietnam, we have gone to war. Congressional approval came in substituteways, in particular the appropriations process. If we didn't approve we needn't have put up the money. Period. Still, the Constitution provides that "The Congress shall have the power... To declare War..." The President is Commander-in-Chief with all that implies, but the Constitution is even so as plain as plain can be on authorizing the use offorce. In the modern world, facing totalitarian adversaries, it is sometimes necessary to use force without acknowledging it. This is not to say secretly. It is never a secret to the people you use it against. But simply not avowed. . This has come to be called covert action, and in the spirit of the Constitution, Congress has made laws providing that the Intelligence committees of the House and Senate be informed in advance of any such "significant" activities, or in special circumstances, be informed in a "timely" manner after the fact. The present statute was enacted in 1980. In my first year in the Senate I was asked to serve on theIntelligence Committee. The Committee was new and I was the only person around who, having been an ambassador, had been involved with the intelligence community on the executive side. In 1981, when Barry Goldwaterbecame Chairman, I became Vice Chairman. Three years and a few months later to be precise, on April 15,1984 I announced I would resign as Vice Chairman. The two weeks that followed were the most difficult I've had in the Senate. I know that I never managed to make clear to NewYorkers what was going on. The White House knew and the Central Intelligence Agency knew, but they weren't telling, as you might say, and in a sense neither was I. Now I can do. Not in the sense that now-it-can-be-told. Rather, I think, I hope, in the sense that now it can be understood. Further, it leads straight to an understanding of Iranamok, or whatever you like to call it. In January, 1984, the United States mined harbors in Nicaragua. This was a belligerent act; a small act of war. It was done pursuant to Presidential order. By any previous understanding, the Senate Intelligence Committee should have been informed in advance. The Committee does not have the —— power to disapprove. But it knows. Hamijton's "intermixture." In April the Committee learned of the mining. On April 9 Senator Goldwater sent a public letter to William Casey, Director of the C.1.A., protesting that we had not been informed, adding that the mining was a violation of international law. On April 12 Robert C. McFarlane, National Security Advisor to the President, gave an address at the Naval Academy in which he said, in effect, that what Senator Goldwater had written was not true. The Washington Times reported: Every important detail of United States secret warfare in El Salvador and Nicaragua including the mining of Nicaraguan harbors was "shared in full — — by the proper congressional oversight committees," insists President Reagan's assistant for national secuaffairs, Robert C. McFarlane. Mr. McFarlane said he "cannot account for" Sen. Barry Goldwater's contentionthat he was kept ignorant about the CIA sponsored harbor minings. rity I read this on April 13. Senator Goldwater was on his way to Asia, the Easter recess being at hand. As they say at sea, it was my watch. I was horrified. Was the National Security Advisor to the President calling the Chairman of our Committee a liar? Did he realize this was not so? Had he allowed himself to be lied to: told that we had been informed? What was going on in the White House basement? I thereupon announced that unless this statement was withdrawn I would resign as Vice Chairman. By common agreement most of the covert operations reporting is limited to the Chairman and Vice Chairman. This is a heavy responsibility. Enough so at least that by saying I would no longer assume it I could draw attention to what was at issue. Which happened up to a point. I was front-page news for some time but even so I don't think it was generally understood what I was getting at. The episode ended on April 25 whenDirector Casey, in a handsome and manly act, sent a handwritten response to Senator Goldwater'sletter admitting that we had not been informed. He thereafter appeared before the Committee to apologize. I announced I would stay on as Vice Chairman. We decided to see if some good could come of the episode. After all, just what did the word "significant" in the phrase "significant anticipated activities" mean? A good working definition is anything on which the President signs off. In the executive branch there are things you just wouldn't do without getting prior approval from the President; things you wouldn't do unless ordered by the President. To repeat, a good working definition. Once the intelligence community saw a Presidential signature they would automatically inform the Committee of what was about to happen. This was put in writing. Senator Goldwatersigned, I signed, and with the approval of the President, on June 6, Mr. Casey signed. The agreement was made public, and in timecame to be known on the Committee staff as "the Casey accords." Far from bitterness, the "accords" seemed to herald better understanding and coopera- tion. When Senator Goldwater and I rotated off the Committee there is a strict eight year rule we were asked if we would accept the Agency Seal Medallion, an honor indeed. We did, although in principle we probably shouldn't have. It is not in general a good thing to let the executivebranch give you medals, but this was meant to thank us for standing up for the statute. It was meant to say that the C.I.A. understood that in doing so we were acting in their interests as well as those of Congress. During these years the budget of the intelligence commu- —— nity commenced to grow at considerable and necessary rates. The Wall Street Journal reports that during this period the nation's intelligence budget "roughly tripled." Growth commenced in 1978: a matter of public record. The Congress now had committees that understood the mission and the need and thus saw to the authorizations. Intelligence officials saw this as a crucial and altogether welcome development. Which indeed it was. The moment the notification issue was cleared up, I said I would of course stay on as Vice Chairman. ' In August 1986 the Iran-contra operation began. Mr. McFarlane was still in office. He knew — full well of our agreement the "Casey accords" but did not insist that it be kept. Nor, — he'd said then was not true? He did. Was he aware of the subsequent agreement that Presidential findings would automatically be reported? He was. Colonel McFarlane is an honorable man, and for that matter, a brave man. I wish him no harm. But in his service to the President he missed the meaning of the Constitution. The Congress was requiredto be involved in any activity involving the provision of arms to a belligerent. First in closed hearings in December in theIntelligence Committee (which I attended) and now in the Foreign Relations Committee, I have listened to all the principal actors in Iranamok (or whatever). Some I have believed, some I Constitutional role the Congress should have had in any such venture. And so they failed their President most miserably. Of that Constitution James Reston writes on Jan. 18: It didn't, of course, tellus how to handle the Russians, or compete with the Japanese, or preserve our cities, or elect the most qualified men and women to public office, or educate our children. In fact, it assumed human stupidity, ambition, greed and religious fanaticism, and merely suggested a few rules to hold things together. One of these rules was that no one person, not even the President let alone Colonel North, had theright to impose his will or ideology in secret on the elected representatives of the people. The purpose of "the system "was to assure the authority of the President, subject to the checks and balances of the Congress and the courts without creating, as Mr. Lincoln put it, a government too strong for the liberties of the people or too weak to maintain itself against its enemies at home or abroad. It was precisely the defiance of the principle of "accountability" that led to recent mistakes at the Reykjavik summit and the Iran-contra scandals. And all these investigations are sadly for him, did he resign when it was not. Sadly for the President also. Senators David Durenberger and Patrick Leahy succeeded us. I cannot doubt that had they been informed Senator Durenberger has so stated they would have told the White House operatives that the scheme just couldn't work. They would have said: Don't you see that you would be giving the Ayatollah Khomeini another hostage this time the President of the United States! Because once the Iranians received our arms they could pick their own time and place as they did, in the Beirut magazine Al Shiraa on Nov. 2, 1986 to reveal the fact, thereby near to paralyzing the Presidency. The Iran concealment was, in the main, the work of the same officials who "concealed" the harbor mining. [The mining led directly to the "Boland Amendment" of 1984 forbidding aid to the contras.] They learned — — — — — nothing. This Jan. 16, Mr. McFarlane appeared before the Senate Committee on Foreign Relations, of which I am now a member. In questioning, I recalled his Naval Academy speech. Did he realize that what i^ M. ■ have not. Some seemed to grasp what they had allowed to happen to the President; some did not. But none seemed to understand, even vaguely, faintly, the not designed merely to rake over thepast but to restore the principle of "accountability" in the future. That, then, fs what I was trying to do two years ago. That is what I am sworn to do. Senators have many jobs, but one duty. It is in our oath of office: "to uphold and defend the Con- stitution of the United States against all enemies foreign or domestic..." 415 Sfvcnlh Avrnur. Suit* 62 New Voth. New York 10001 (111) 594-3696 (101) 613-336} March 11, 1987 The Opinion 7 �The Opinion Mailbox opinion Gm STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOLOF LAW Governor's Executive Order Won't. •_ Volume 27, No. 11 March 11, 1987 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: IdelleAbrams Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Photo Editor: Paul Hammond Layout Editor: Susan Clerc Contributing Editor: Zulma A. Bodon Staff: John Bonazzi, Michael Gelen, Brett Gilbert, Daniel Ibarrondo, Kathy Peterangelo Johnson,Shelley Rene Rice, Lisa Strain. Contributors: Dolores E. Cross, Kimi Lynn King, Sen. Daniel Patrick Moynihan, Dave Piatt, Peter Strong, Brian Ton. © Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every twoweeks during theacademic year.It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials Faculty Appointments on A Broader Spectrum Supreme Court Justice Sandra Day O'Connor, never known as a feminist, recently chastised the legal profession for the serious underrepresentation of women in large law firms, the judiciary, and state legislature. Law school faculties rarely do better in their hiring statistics. At UB there is virtually no minority presence on the faculty, and women fare just slightly better. At a school that claims to present an enlightened model of legal education, this glaring omission is inexcusable. A common theme that runs through many classes in this Law School is the need to look behind judicial decisions to discern the underlying assumptions that are at work. This kind of analysis is no less appropriate for the faculty to undertake in looking at their own actions and decisions in the area of faculty recruitment. Perceptions — of quality, of potential, of ability — are strongly shaped by our assumptions. In a world in which these attributes have been defined largely by the dominant cultural group, i.e., white men, the understanding of these terms often reflects a very specific experience. There is nothing (necessarily) "wrong" with this. But there is no doubt that it is a very limited approach. It is also a very limiting one. The distinctive experiences of women and minorities will enrich the understanding of everyone at the Law School. Theoretically, the faculty seem committed to hiring more women and minorities. They have articulated their intent to do so and they have brought several women and minority candidates to the school during the interviewing season. In practice, however, nothing much has changed. Perhaps the weight of their assumptions is still too oppressive to overcome. Would a "freeze" on hiring white, male law professors be the answer? It might at least be an attempt to address the issue in a serious and open manner. The Warrior Wakening Congratulations to Wade's Warriors and their spirited coach. Colonel George "Black Jack" Villegas. Not only did they capture third place in the 20-team Western New England College of Law Basketball Tournament, they also raised $300 for Haven House and generated a spirit and enthusiasm previously unknown at this Law School. Stock issuances, banners, pep rallies who would ever this would be of the law school thought part have experience? Foolish, frivolous, perhaps, but FUN. In what is otherwise perceived as a somber, study-swept atmosphere, it is invigorating to see so much creativity and energy. Even the General, make that Dean, got involved. Ah, where else but at the Buffalo Model? Though the feisty Colonel and his spirited Warriors came up with too many fouls and too few buckets in the end, they won our imagination and respect. Hopefully, we'll all be able to look forward to Warriors II come next year that is, if the Colonel and his troops aren't too busy practicing law somewhere. — — 8 The Opinion March 11, 1987 Editor: This letter is in response to the SBA resolution to have Judge Advocate General Corps (JAGC) recruitment moved to an off-campus location. Brett Gilbert speaks of "oppression" and the discriminatory practices of the JAGC against lesbians and gay men. What Brett Gilbert proposed, the anti-discrimination resolution, is in reality another form of oppression. The JAGC and the U.S. Armed Forces' hiring practices regarding homosexuals have not been held illegal. Yes, there are a lot of people opposed to their hiring practices, but I am sure there are just as many who agree with the restriction. It is a gray area. There is no right or wrong decision about theJAGC hiring practices, only an individual's moral decision. By moving the JAGC off campus, the SBA is making a moral decision for all law students. SBA has decided that the JAGC hiring practices are "bad" and thus should not be as available to students. The evaluation of what is "bad" was hot done scientifically or by analysis. SBA never looked into the reasons of why the JAGC does not hire homosexuals nor did they examine the organization itself. The U.S. Armed Forces have long been allowed to continue many practices that are normally deemed illegal in a democratic society because they have a limitedand express function that cannot universally accept all types of people or guarantee their constitutional rights. All SBA knows is that the U.S. Armed Forces discriminates against homosexuals and concludes, from that one fact, that this is Editor: The SBA's recent anti-discrimination resolution, although well-intended, relies on the Governor's Executive Order No. 28 to its detriment. The SBA seeks to force CDO to follow theExecutive Order which instructs state agencies and departments not to discriminate on the basis of sexual orientation in the provision of state services or benefits by ending on-campus recruitment by the Judge Advocate General Corps (JAGC). The SBA argues that since the JAGC discriminates against homosexuals, and CDO lends its services to the JAGC, then CDO is in violation of the Executive Order. If the SBA's goal is to combat discrimination on the basis of sexual preference, its reliance on the Executive Order is not only misplaced and simplistic, but serves to defeat its goal. In 1985 the Court of Appeals held that the mayor of New York City had no authority to make and enforce a similar Executive Order, Under 21 vs. City of New York, 492 NYS2d 522. In 1980, Mayor Koch's Executive Order No. 50 pre- vented thecity from contracting with any entity that discriminates against homosexuals. The Court held, as a matter of constitutional law, that a government executive cannot usurp the legislative function by enacting social policies, like Executive Order No. 50, not wrong. If the SBA is going to condemn an organization, I would prefer that it investigate the subject thoroughly, instead of basing the decision on its own moral persuasion. To support its action, the SBA uses the Governor's Executive Order.' The order says that the state will not provide a service to anyone who discriminates on the basis of sexual orientation. However, the order is not legal precedent and I argue that CDO does not provide a service to the JAGC, but a service to law students. CDO tries to get prospective employers to interview on campus. Why? To better facilitate the hiring of law students. By seeking to move the JAGC off campus, the SBA is making it harder for law students to interview with the JAGC. Presumably the SBA wants to eliminate .. as well the informational meetings provided by the JAGC, open to everyone. SBA is effectively hurting the relationship between UB law students and the JAGC. The service SBA seeks to eliminate, is" the very service that CDO provides to all students through on-campus interviews. Brett and the SBA have decided that the JAGC recruitment is bad. They are using the SBA as a vehicle to enforce their own beliefs. Amazingly, Brett analogizes the JAGC to the XXX and the Nazi Party. Brett has morally condemned these groups, and that is his own decision, but what's next? Banning from campus district attorneys and insurance defense firms because Brett and the SBA find them "bad" or analogous to the XXX? I respect and admire Brett, but I prefer to make my own moral decisions. I think the JAGC should be allowed to recruit on campus. It is up to each individual student to decide if he/she wants to interview with an organization, not SBA's, especially when the SBA reached its conclusion on purely moral grounds. Tina Simpson Third year law student . . . Help in Getting JAGC OffCampus — — adopted by the legislature. The mayor therefore acted outside the scope of his authority where there was no legislative enactment prohibiting employment discrimination on the basis of sexual preference. Last year the New York City Council passed such a law. Gov. Cuomo's Executive Order No. 28, and the SUNY Board of Trustees' Resolution 83-216, also rglied upon by the SBA, would not survive in the courts and therefore is useless in the absence of a state law banning employment discrimi- nation on the basis of sexual preference. If the' SBA's attempt at removing JAGC recruitmentfrom the Law School is successful, the JAGC will simply go elsewhere and continue its discriminatory practices. The result is that the SBA's goal of ending JAGC discrimination achieves nothing. The real effort to end such discrimination is in the passage of state and federal anti-discrimination laws. The sad fact is that the SBA relies heavily on a legally meaningless Executive Order that has no precedential value. As a result, and at best, the SBA resolution isa mere token gesture. David Brown Third year law student Rice's Article Applauded Shelley Rene Rice: Your article, "One Student's Perspective on Property Rights," was absolutely well-written. In addition, the analogies were valid and your point easily understood. In light of this, I would like to thank you for your in- sight, and for taking a stand for what you believe. Furthermore, though it was "one student's perspective," it may be shared by many. At least it is shared by me. Great article!! Kevin M. Carter Bffo. LawReview Welcomes SeminarPapers The Buffalo Law Review would like to invite all law students to submitarticlesfor publication in our journal. When selecting a topic for seminar papers, please consider publication as a goal. We would be happy to discuss our requirements and publication process with any interested student. We also encourage you to discuss your paper with us as you develop it. Generally, articles should be of substantial length, well-researched, and documented with authority. Footnotes should conform to the rules found in the Bluebook, A Uni- form System of Citation (14th cd. 1986). All papers submitted will be read by editors of the Review. We are unable to return papers by mail unless they are accompanied by a self-addressed en- velope withsufficientfirst-class postage. Please feel free to drop by O'Brian Hall room 605 or call 636-2059 and we will answer any questions you might have. The Buffalo Law Review Casenote Contest Announced The Buffalo Law Review invites you to compete in the 1987 Casenote Competition. Entry in the competition is necessary to be considered for membership on the Law Review. The competition will be held twice during the Spring semester; first during Spring Break and again after final exams. Entrants may •write the casenote during orm of these periods. Each particir will have 240 hours (10 days) to complete the casenote. Three methods of admission are used to select new associate members. First, entrants are judged on a combination of casenote score and first year pant continued onpage 9 �Commentary by Daniel Ibarrondo Puerto Ricans in Search ofSelf-Determination Editor's Note: This is the first part of a three-part series. by Daniel Ibarrondo Many times we have either read or heard about the clamor for self-determination being exerted by Third World nations in international forums, conferences and summits.Economists, sociologists and political scientists have developed theoriesof this phenomenon through the eyes of their respective fields and points of view. Self-determination as a country or a people does not happen overnight. It is a process that is well thought out, channeled and but nevertheless significant amount of Hispanic law students in this school is testimony to this fact. Accordingly, Puerto Ricans, as well as other "minorities" will be a proper object of concern for law schools and the bar in the foreseeable future. Law schooladmissions boards are faced with a political choice when it comes to admitting "minority" students. By the same token, it is a political choice for "minority" students to desire to attend law school. The choice for the "minority" student is the beginning or culmination of an extensive process. This article was written with the Puerto Rican people in mind; it can just as well apply to Columbians, Dominicans, Cubans, Ecuadorians, Black Americans and just about any nationality from Third World countries. However, its focus is on shedding some light on this awakening process. According to Webster's Dictionary, "self" is the essential being of one person as distinct from any other. "Determination" is to ascertain the extent, position, quality or nature of something and to decide or settle it authoritatively or conclusively. Essentially what we gather from this simplistic notion and definition of self-determination is that it is a dynamic, not static, process which one programmed. Moreover, when we speak of self-determination as a country or a people, we are essentially speaking about individualswho have consciously decided to reevaluate their past and/or present relationship with other members of their group, country, and world at large. For Americans it was the issue of taxation with Britain that seemed to sum up their quest for self-determination. The same analogy can be found for. other western nations which have achieved some form or other of national unity. Today, the historical and socio-economic conditions of peoples and countries have changed. The gap between poor and rich nations has widened. We are divided and categorized between First, Second and Third World nations in political and economic power. However, the process of discovering who we are, the quest for self-determination, has not experiences. Puerto Ricans, educated or uneducated, well-to-do or poor, light-skinned or dark, have made the following comments, or similar ones as they are transformed from SpanishAmericans to Puerto Ricans: "Puerto Rican power must be more than mass group therapy. To be effective, it must be pro- changed. Today, Puerto Ricans are demanding and receiving entrance into the economic, political and educational spheres that were once closed to them. The small grammed." "I don't want to think of my- self as a Puerto Rican and it offends me to be called 'Spanishspeaking'. If each of us would pay particular attention to selfrefinement, the degree of ethnic and racial friction would be significantly minimized." "To walk around 116th Street and Lexington Avenue is a powerful thing, do you dig? When I see all those beautiful Puerto Rican folks trying to makeitand doing everything just to stay alive and still being able to sing and dance with all that soul, it just blows my mind and I sometimes want to cry tears of joy. Do you dig man? I'm part of it! I see Puerto Rican, I feel Puerto Rican how mellow it is to be Puerto Rican. It's all around, inside me and over me this happening called Puertoricaness." "Yea, it all started when Kennedy was killed. Americans planned it and it really shook me up so bad until I began to see what was really happening. For a while I couldn't even be around them—they seemed so evil and monstrous. You know, I began to feel we were even better thanthey are because we had so much love and 50u1...." When each remark was made, the person felt, thought and acted differently. However, each remark is a reflection of the separate stages for one process. Frequently, many articles and commentaries focus on the Puerto Rican lowermiddle class, the Puerto Rican militant, or the apathetic Puerto Rican person, creating the impression that each state or condition is unrelated or contradictory to the others. A closer look at this process, which emphasizes synthesis, suggests that today's Puerto Rican theoretician was a well-programmed conservative threeyears ago, and perhaps an — impulsive rhetorical revolution- ary only a few months past. Apparently, Puertoricaness is a state of mind and as such is explained by a dynamic rather than static process. In becoming Puerto Rican, the same person must pass through a series of well-defined and different stages. Therefore, the Puerto Rican experience is a process. Educators, such as William E. Cross, Manuel del Valleand this writer, concerned with the Puerto Rican condition, have proposed that a person experiences a series of well-defined stages in being transformed from a Spanish-American to a Puerto Rican in his or her search for identity. In a research proposal, it was stated that there are five stages through which a person acquires such an awakening. These are: (1) pre-encounter, (2) encounter, (3) immersion-liberation, (4) internalization and (5) commitment. Pre-encounter Stage In the pre-encounter stage, or pre-discovery, a person exists in a non-Puerto Rican, antiPuerto Rican, or distorted Puerto Rican environment. His perceptions of the world and himself are guided by American-European concepts. The sum total of his experiences, perceptions and actions are dominated by an American ethnic-racist orientation. The socio-political-cultural-psychological conditions briefly referred to above appear to be the same for both lower-class and middle-class Puerto Rican people. The content of their experiences differs, but the dynamics and context are similar. That is, both degrade Puertoricaness. The person's historical perspective distorts Puerto Rican hstory. It is believed that Puerto Ri- cans came from a strange, uncivilized, "backward" island and that the Puerto Rican search for historical relevance begins in 1898, the year of the American invasion of Puerto Rico. The truth of the matter is that Puerto Ricans have a very rich history that goes beyond the discovery of the island by Christopher Columbus. The ghetto resident generally knows thatsomething is wrong with his world and situation, but his articulation of the problem suggests concepts of freedom and evolutionary change rather than revolution, Furthermore, because he lives in the ghetto, he automatically assumes a position of greater relevancy in society and justifies the hustling of otherPuerto Ricans or pimping Puerto Rican or Black prostitutes for an American clientele as being "necessary" for survival. There is an American esthetic thattranscends class lines often dramatized by thedeification of American women. These esthetics are alsoreflected in the content, themes, setting, vehicles of emphasis, colorations and mode of expressions of all cultural and academic interests; that is, literature, plays, etc.... Even on the ghetto level, where purer forms of Puerto Rican expression can be found, one discovers the ghetto resident referring to rock or Latin as something "low, bad or sexy," which is part of the American cultural value system. The emphasis in the pre-encounter stage is on the individual seeking to get ahead. The advancement of the community is gauged by "how far I get ahead." The American man is viewed as intellectually continued on page 13 Non-Discrimination Policy Propounded by Gilbert Editor: A few students have come up to talk with me about the proposed non-discrimination policy for the Placement Office. I have tried to respond to the individual concerns of some, but let me publicly answer the questions which some students have had. 1. Some were offendedwhen I mentioned the XXX, theAmerican Nazi Party, and the U.S. Armed Services in the same sentence. Well, I apologize to those who were so offended. However, my point was, and still is, that the three organizations are comparable because they all have public policies of discrimination. That is all. 2. Some say that the Placement Office need not comply with the Governor's Executive Order because it is not providing services when employers come to interview, the employers are. Come on now. The University is providing services to students when employers come on campus to interview by making iteasier for students to become employed. By allowing employers who dodiscriminate to come on campus, the Placement Office is making it easier for some groups of students to get jobs. Look at it this way. Could the University allow a private food All Students JBLfN Interested in Participating m In the LAW REVUE EU REMINDER Deadlines: March 11 —Act Idea Submissions March 24 All Acts must be in Final Form and Ready for Performance The Show is April 5. ..at the Trail — "SUBMIT NAME, ACT IDEA** AND BOX NUMBER TO BOX #730 * service to come on campusand sell food if it put up a sign saying, "Homosexuals will not be served?" I don't think so. 3. Some say that the Supremacy Clause prohibits states from telling the federal government that it cannot discriminate on the basis of, let's say, sexual orientation. I have no quarrel with that. However, the Supremacy Clause does not require states to pay for such discrimination. The federal government has the right to acquire its own facilities within New York State to carry Out its policies. 4. Others say that a non-discrimination policy will hurt more than it will help. However, sticking with the Judge Advocate General Corps here, the JAG might interview a dozen or two in any given year, while there are at least 80 gay students in Law School (assuming the Law School population re- fleets the general population). Many more students are hurt, rather than helped, by the lack of a non-discrimination policy. 5. Some say a student referendum is appropriate here. I must disagree. We might as well have a referendum on whether or not we should have segregated toilets. The fact of the matter is that it is illegal for New YorkState agenciesto discriminate on the basis of race. Equally, it is illegal for New York State agencies to discriminate on the basis of sexual orientation. I am sure that Southern whites, in the past, would have loved to have referendums concerning discrimination. However, the majority's wishes, both there and here, cannot overcome the rights of a minority. Finally, I must say, that after talking to just a few, I get the feeling that a double standard falo Law Review has instituted a supplemental admissions procedure. This procedure will consider, in addition to casenote score and first year grades, personal statements from candidates having socially or eco- believe that while it is morally reprehensible to discriminate on the basis of race or sex, dis- crimination on the basis of sexual orientation is just not that bad. After all, some say, who the hell cares if you make a bunch of "faggots" look elsewhere for jobs? Well, I tell you, those "faggots" care, and we have just about had enough. While the Supreme Court may not believe in the elimination of needless discrimination, many others do. The governor of New York has prohibited such discriminationfrom taking place within state agencies and it is up to this Law School to adhere to that prohibition. As usual, I am always available for further discussion. Sincerely, Brett Gilbert Third year law student ....... Competition grades. The second method o. selection is based solely on the casenote score. Third, the Buf- is operating under the surface here. I get the feeling that many nomically disadvantaged backgrounds. The Casenote Competition is open only to first year students and all are encouraged to par- ticipate. Remember, the competition is based on either grades and casenote score OR casenote score alone. There- continued frompage N fore, all first year students are strongly urged to, compete since grades are not the sole judgment criterion. If there are any questions, please feel free to ask any Law Review associate or come to a Law Review office, O'Brian Hall room 605. March 11, 1987 The Opinion 9 �__[l Bill *v_w *T_m \_____W m/j____l illi »t*B %[____% ill i •�■B \l_____\ Hl|. •�•■ \U_-m\' The Best Course Of Act ion. Stanley H. Kaplan has test^prepped students for nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and I others. Over 110 permanent centers nationwide open days, evenings and weekends. - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake charge. Prepare with Confidence I IN THE BUFFALO AREA CALL (716) 837-8022 CALL TOLL FREE 800-343-9188 800-223-1782 10 The Opinion March 11, 1987 I �Might as WellFace It, They're Addicted to by B.F. Skinhead I missed out on punk. In 1975-76 when Malcolm MacLaren was scheming a great rock and roll swindle in England, I was in the 6th grade class of a pleasantly suburban, ultra-modern, wall-to-wall carpeted elemen- scribed by journalists who reviewed the Pistols with such statements as "Vicious played bass and vomited." While it is impossible now to determine whether Sid was, as the newspapers would have us believe. tary school where we still did "Duck and Cover" air-raid drills. I was rapidly awakening to the "boredom" which had spawned the revolution known as punk music. It was probably because of my suburban blah background that I was so intrigued by Sic and Nancy, which I had under stood to be Alex Cox's hellish and nasty glimpse intothe punk subculture. I found the movie to be neither hellish nor nasty, and not nearly as gruesome as some reviewers had suggested, but very humorous, very real, and ultimately very sad. It traces the real life 18-month love affair of Sid Vicious (nee John Simon Ritchie), replacement bass player for the Sex Pistols, and Nancy Spungen, a dislocated and hopeless romantic from Philadelphia. Alex Cox's portrayal of the two lovers is essentially an affectionate one. He glosses over the stereotypical images ofSidas-punker, which were de- iivmw Nancy's cold-blooded murder- er who later died of an accidental heroin overdose. Cox takes the position that Sid Vicious and Nancy Spungen were desperate lovers who only had each other, and when the world was through dumping garbage on them they attempted to leave it "in a blaze of glory" together. The movie is entirely about them. It begins with Sid's apparent murder of Nancy, flashes back to the beginning of their relationship, and ends with the two of them riding off into the sunset together in a taxi. Euphemistically, Sid has finally joined Nancy in death. Cox's affection for his subject is made apparent in the final frame of the film, which explains Sid's actual fate and then simply states, "Sid and Nancy, R.1.P." In establishing the microcosm of Sid and Nancy's life together. Cox effectively severs all of their worldly connections. The Sex Pistols have broken up in the middle of their only American tour, and Sid, suffering from "nervous exhaustion," hasbeen left behind in a New York City hospital. Nancy tries to make contact with her family, but it is made clear that Nancy and her new boyfriend are just a little too frightening for the innocently mainstream Spungen family. Sid embarks on a solo career, but punk has become almost an accepted form and Sid Vicious, who was once considered the punk icon, is ironically a failure on his own. Sid and Nancy finally retreat into their microcosm, giving up on the rest of the world and living only for each other and for the drugs they can obtain. Throughout the story Nancy has made Sid promise to kill her if she asks him to, and then kill himself. On Oct. 12, 1978 Sid reluctantly complied with her first request. From this point the movie speeds up reality and ignores an unrelated assault conviction for which Sid served a . two-month jail term which almost immediately afterhe was released on bail for began Nancy's murder. The day he was releasedfrom that two-month term he died of a heroin overdose. It was re- ported accidental, that he was detoxified while on Riker's Island, got out, and accidentally shot more heroin into his veins than his newly intolerant body could take. Cox, however, suggests thatSid joined his angelic Nancy for a completely voluntary taxi ride. Gary Oldman as Sid and Chloe Webb as Nancy are presented as a rather unlikely couple. Oldman resembles a young David Bowie whileWebb appears at times like an old Ginger Rogers. Nonetheless, they are compelling and believable. The film is full of interesting touches, especially a re-creation of Sid Vicious' wonderful snarling rendition of "My Way," which appeared in the story of the Sex Pistols, "The Great Rock and Roll Swindle." It was produced by Malcolm MacLaren, the Sex Pistols' ob- noxious creator, and probably filled in some of the holes left by Cox's factual assumptions, such as MacLaren's blatant use for his personal gain offour unknown teenagers with varying degrees of musical talent. Cox either assumes the viewer knows the story of how the Sex Pistols rose to hysterical notoriety, or omits such exposition because it is really not necessary to the story, or both. Sid and Nancy couldbe any two lovers. They just happened to be made famous. One disappointment in the film was the portrayal of John Lydon, a.k.a. Johnny Rotten. His teeth were too good and he lacked the intensity necessary for him to be taken seriously when he sings "I am the antiChrist." Cox seemed to feel that by having him belch frequently and speak with his mouth full whenever on camera, the character of Johnny Rotten would It be sufficiently developed wasn't. Although he is a peripheral character in the story of Sid and Nancy, he is too interesting to simply ignore. ... Sid and Nancy is, in the end, sad. It is also frustrating. This is probably because most people saw them only as punks and drug addicts who got what they deserved. Alex Cox saw them as two desperate and helpless people who thought they could live on love alone. CDO Helps the Early Birds to Be Prepared by Kimi Lynn King Need a job? All first year students should be busy preparing resumes, references and contacting polishing up writing samples. If applying for summer you are internships, most letters to employers should be postmarked by mid-March. If you would like someone to go over your resume or cover letter, you may sign up for an appointment in the Career Development Office (please note, you must have a finished copy). Please note: All first year stu- dents who are seeking help from the CDO must register in the office. Please be sure to leave a summer address on file where you can be reached for Summer '87. Class of '89 will need to have resumes turned into the office by mid-August (before we come back to school). Start thinking about what types of employment you would like to Fall '87 will come pursue faster than you think and will be too late to just be beginning. Watch for the Career Development Bulletin for practice in- . Q Q tM 8 \_W D *JT -^* •Y\ y Qll Q|| i Ji Q O __1 \f^iV! l/Ali b j-\ J m H Why *wmmy Can t TTT | -*+>-<- Q Q rj O Q COmC I! WW _W_Au.m.W_\ can provide insight. Groups offour with two alternates will be scheduled in late March and early April. You must sign up in room 309 O'Brian. You must turn your resume into the office the day before the interview. Profes- Each student will be interviewed for five to eight minutes and then the interviewer will provide feedback. So you will be able to participate and watch as others are interviewed. The program will be videotaped by the A-V Department so you can review your performance. Schedules will be posted in the Career Development Office after Spring Break. Third year students interested in conducting interviews should leave a note in the CDO Non-Traditional Couple as a Legitimate Unit ... k \ I JKl^^f H^l 1WbJL____{/^■^JmMl illM Q1 mwwß*-** CI * V will be with local attorneys and third year students who have been through the process and sional attitude and attire are requisite. An Examination ot Resistance to the j_______t_^. %__? terview sessions. On a first come, first serve basis theCDO will be conducting these mock interviews to help you prepare for the REAL thing! Interviews or box #126. WE NEED YOU!! All students interested in judicial clerkships, the Career Development Office will be sponsoring a panel of persons who have clerked today (Wednesday, March 11) in room 106. Federal and state opportunities will be covered. Speakers will include Nils Olsen, John Kolaga (currently clerk to Judge Curtin, U.S. Dist. Ct. WDNY), and Kirn Kelsey (currently clerk to Judge Dillon, NYS Appellate Division). Additional information will include contact sheets with addresses. . Q Q Karen Thompson and Sharon Kowalski had been closeted lovers in O The two women had exchanged rings, made each other beneficiaries of their life insurance policies, purchased a home together and made U On Nov. 13, 1983, a drunk driver careened into Sharon Kowalski's car and left her Paralyzecl from the waist down and serious,v brain injured. The St. Cloud hospital denied Thompson any information on Kowalski's condition, apparently because she was not family. S ince 1983 Karen has been waging a battle in the Minnesota courts in an attempt to implement Sharon's wishes —so far to no avail. Q Q Q Q Q Q WHYCANTSHARONCOME HOME? O Come hear Karen Thompson speak Q FRIDAY, APRIL 3 • 4:30 P.M. • 108 O'BRIAN HALL (Reception and Refreshments to Follow) Sponsored By: Gay Law Student's Organization, National Lawyer's Law Students- Uw St"dent'B c,vU R, 9htB ReBearch Council. Guild. Association of Women March 11,1987 The Opinion O Q X Q WJ tl 11 �POETRHY CORNER "Some Have It Worse..." Great, gray hulking behemoths are they, Belching blue-black clouds of strife; They roar and charge like urban rhinos by day, And hunker like cold brontosauri by night. What injuries got they, these great huge beasts, That dark doctors must curse and swear, And heat and hammer and beat each new crease, To patch and repair each day's wear. I've heard their keening on the thin morning air, As they protest their ugly plight; They go from house to house for their fare; To many — a distasteful sight. I You've heard them too, they stop with a wheeze, The brakes on each side wailing loud; Their off-key, ill-timed harmonies Would make no human singer proud. I I Lower and higher and lower again, Their screechings sound hurt and forlorn; They sound almost like a railroad train, But wishing they'd never been born. How degrading, it seems, to die all undone, > Amid pain and refuse and muck; I i * I \ \ Still they are kept alive, like it or not, For Men come to them at night. With drills and welders and torches so hot, To burn with the awful blue light. They must hate this life, would rather be dead, Because their work is so hard; Their great, greasy arms reach up overhead To load tons of progress by square yards. What reward is theirs, I'd like to know? For service so long and unpleasant; When they're retired, where do they go Or rather, to what death are they sent? Cut up and sold for scrap by the ton And hauled, like garbage, in a truck. Peter A. Strong 40| BAR/BRI lsCf Waar pass STUDENTS WV ___m 12 The Opinion March 11, 1987 THE BAB �Faculty Appointments . . continued frompage 4 B Academic Year Resumes Total Mevie wfiu By Committee 825* Female Black Hispanic NA NA NA" NA 85-86 694 504 134 84-85 713 575 138 22 154 24 137 746 82-83 715* 81-82 710* 80-81 400* 79-80 467 .». 476 NA 'Denotes An Estimate Percentage Of Mm Total Totel OfWomm Of Minorities Percentage Percentage NA NA 80.7 19.3 5.6 80.7 19.3 4.1 79.4 20.6 5.0 24 80.8 19.2 3.8 137 20 80.7 19.3 3.7 NA NA NA NA NA NA NA NA NA NA NA 13 t Prof. Isabel Marcus. **Denotes Not Available RTC Academic Year Candidates Hired 86-87 Pending 2 White Males (WM) 85-86 84-85 2 WM 83-84 1 White Female (WF) 1 Black Female (BF) 82-83 2 WM 81-82 1 WF 1 BM 3 WM 1 WM 80-81 79-80 I Offers Made Male Female On Site Interviews Male Female 2 Black (B) 1 White (W) 2 B 2W 2W 2W 1 B NA NA 2 W 1 B 7 W 2 W 1 B 3 W 3W 1 B 1W 0 2 WF 1 W NA 1 B 2 W 2 W 2 W 1 B 2 W 2 W 3W 1 B NA 1B 1W 3 W 2 W 3 W 1 B 'Denotes for Available CORRECTION: In theFeb. 11 issue of The Opinion, a story entitled "SBA Questions Girth's New Policy Changes" saidAssociate Dean Marjorie Girth had instituted a new policy concerning extensions on seminar papers. The policy, which requires a student to obtain written approval from the associate dean before being granted an extension on a seminar paper, has been in effect for at least 10 years according to Registrar Helen Crosby. But, the policy has been only loosely enforced until this year. In the Feb. 25 issue of The Opinion, Girth's name was inadvertently omitted from the list of those professors who turned in their grades by the Feb. 15 deadline. Girth turned in her DebtorCreditor grades on Jan. 12. Also in the Feb. 25 issue of The Opinion, it was mistakenly reported that a team from Syracuse won the Northeast Region Black Law Students Association Annual Federick Douglass Moot Court Competition in Boston. A team from Rutgers took top honors. OPINION 25 c $10 Gift Certificate c • •• •J • •• •• $20 Gift Certificate To AMC Theaters David Piatt 0 1 B 1 Wy We apologize for any inconveniences which may have resulted. Berlowitz: Viva Las Vegas ?**** The following is a list of the winners of the • SBA Suitcase Party held on Feb. at Barnaby's:••••»! To Record Theatre Doug Hoffer Abby Snyder David Mineo $2S Gift Certificate A Bottle of Wine Robin Checkla Holly Baum Kirn Czapranski To Just Pasta Robin Miller $100 Cash T (and ™ *g $20 Gift Certificate Carol Giamzzo)v , To South Pacific Clothing • 0 0 • Scott Eskwitt -.--- Trip For Two To Las Vegas 120 Cash Judy Kibiniec Shari Berlowitz (who brought her roommate, Lois "Lots of Laughs" Liberman) Deb Solot Andy Winston (and his wife,-Cheryl) CONGRATULATIONS TO ALL! 11 Self-Determination .. • • superior, technically mystical and capable of "understanding us." Puerto Ricans in this stage are frequently enveloped in the rhetoric of the American, confusing his words for his deeds. The Puerto Ricans at this level generally are politically naive, programmed to believe in the American or Protestant ethic. There is evidence of self-hatred which is masked on the middleclass level while more dramatically enacted on the lower-class level. Extreme dependency on American leadership is another characteristic. The assimilation-integration paradigm is thought to be the only model for cohesive ethnic-race relations. There is typically a distrust forPuerto Rican controlled • • • ■ # • *•• •• J •2 J •i• •• * • continuedfrom page 9 businesses or organizations. Pre-encounter stage Puerto Ricans prefer to be called Spanish-Americans, Spanish, human being or American citi- zens. The denial of oneself is usually manifested as a result of despair, lack of cultural-historical knowledge and isolation from the society at large. The differences between a people and their interactions with members of their group, society and world at large should not be reasons for denial of the individual self. On the contrary, it should work towards a greater unity and understanding of all peoples. In the next issue, the other stages outlined in this process will be discussed. Spring 1987 |fc, Publication Schedule ISSUE COPY DEADLINE LAYOUT PUBLICATION 27:12 Monday, March 23. Thursday, March 26 Wednesday, April 1 27:13 Monday, April 13 Thursday, April 16 Wednesday, April 22 (Onion Edition) Layout will begin at 6 p.m. on the above-noted Thursdays. Staff meetings for The Opinion will be held every Tuesday at 2 p.m. in the office, O'Brian Hall room 724. The meetings are open to all those interested in writing/working for The Opinion. For further information, call The Opinion office at (716) 636-2147. March 11, 1987 The Opinion 13 �Wade's Warriors media Kevin consultant O'Shaughnessy and the Colonel) leftO'Brian Hall for Springfield, Mass, and the luxurious Seven Gables Motel (or as the neon sign read, the "Sev Abels Motel"). Midway through the six hour trip, the Colonel delivereda stirring, rum-induced, stream of consciousness press conference in which he stated that "Wade's Warriors were gonna go into town (I assume Springfield, but no one, not even the Colonel, knows for sure) and make a little noise!" The press conference ended abruptly when the Colonel fell twice in a nearby snow bank while attempting to relieve himself. The management is checking to see if he has qualified for a purple heart. After safely arriving in Springfield, the Warriors descended upon a subtle country bar named Matties. Amid the flashing green and red sirens, Warriors' forward Dave Crosby observed, "This isn't really a backwoods bar —it's a frontwoods bar." Meanwhile, Warriors' guard Kevin Carter dazzled the "frontwoods" crowd with his pool cue prowess. Some of the local patrons continued frompage I bought Kevin drinks after each game (out of respect for his game, because Kevin assured me he does not gamble). Since the Warrriors had a game the next day and the bars in Springfield close at 2 a.m., the team retired to the "Sev Abels" for a good night's rest. It was, however, a late night for the Wade's Warriors management. A strategy session? No way. The Colonel entertained the management frohn 2 to 4 a.m. with a reenactment of his pep rally speech (and several other stream of consciousness oratories). At 4 a.m. the Colonel decided it was time for classical music and proceeded to conduct a six hour snoring symphony (complete with strings, timpani and woodwinds). The bleary-eyed staff (Traveling Secretary Brian Bornstein, who had to share a double bed with the Colonel, wound up sleeping on the '.ioor with a pillow over his head) accompanied the team to the pre-game meal at the International House of Pancakes (IHOP). After the meal, the Colonel and several players visited the Basketball Hall of Fame. The ticket taker at the Hall of Fame told the Colonel that members of the military do not have to pay admission fees. The Colonel paid the admission fee, explaining that he was part of a paramilitary unit. After the Hall of Fame visit, the Colonel and his staff delivered a protest letter written by third year law student Tammy Gordon. The letter suggested that the tournament provide a coed bracket in addition to the men's and women's brackets? Western New England College of Law SBA President Gary Gambardella stated that the let- ter would be "taken under consideration by the (tournament) committee." The Tournament At 5 p.m. the Wade's Warriors motorcade descended upon the cramped confinesof the "Multipurpose Room" inside Fred Glickman (ortheGlicksterto his friends) Elementary School to face Franklin Pierce Law School. No one was able to determine the nickname of Franklin Pierce but injured Warriors' forward Larry Spicassi had several creative suggestions. The game was over after the first five minutes. The Warriors opened a 43-13 lead. The team spent the rest of the time cruising to a 117-64victory.TheWar- rior guards led the way by shooting over 65 percent from the floor. Team Captain Rick Resnick led all scorers with 24 points followed by first year guard John "Let's Go Home" Dagon. Other big contributors were Joel Schecter, 16; Steve Lindley, 12; Kevin "Stats" Carter, 12; Dan Lukasik, 10; and Spencer Feldmen, 10. Sam "Moses" Spiritos led all rebounders with 8. Friday evening began with a tournament party at the WNEC law center. Although the beer and wine were free, the party remained a stifled affair. Larry Spicassi felt this was due to the competitive atmosphere of the tournament. Warriors' forward Will Zickl felt the party failed because "there were too many white guys withshort haircuts." Spicassi agreed that this may have been the dominating fac- tor. The Wade's Warriors contingent left the party and headed for downtown Springfield and an establishment known as the Bar Association. The Bar Association is actually several different bars under one roof. The main bar looks like an old hotel that was redecorated by the Bee . iw» > S' The American Express* Card can get you virtually (thing from a leather jacket to a leather-bound classic. Whether you are bound for a bookstore ora beach in Bermuda. So duringcollege and after, it's the perfect way to payfor justabout anything you'll want. Gees: Disco Art Deco (featuring 20 feet high mirrored pillars). The basement bar featured brick walls, piping and duct work on the ceiling, and a 90 degree room temperature. The other bar rooms, which were adjacent to the basement bar, featured dim lighting and shelves of Massachusetts Court Reporters. Warriors' forward Dave Crosby aptly described the effect as "sort of a library/ sex room." The next day the Warriors faced their quarterfinal opponent, Brooklyn Law School. Brooklyn, a scrappy squad, was an early tournament favorite. TheWarriors tookthelead early and hung on to a 43-35 halftime lead. The team got a big lift from Kevin Carter's spectacular 70 foot basket at the half time buzzer. After being down by as much as 14points early in the second half, Brooklyn battled backto tie the game with five minutes left. The Warriorfront line took control of theboardsand the game, pulling away 85-77. Center Dan Lukasik led the team with 22 points. First year forward Steve Lindley poured in 21 points. Once again Sam Spiritos led the team in rebounding with 15. The Brooklyn team seemed flustered by the Colonel'sflamboyant coaching style and his constant cries of "Let's make some noise!", "Moses!", and "Let's go home!" Steve Lindley overheard the Brooklyn players muttering these phrases hours after the game had ended. The Saturday night banquet had a far more relaxed atmosphere. Most of the teams had been eliminated. The Warriors had made the final four. After the meal, the management phoned General Newhouse and informed him of the team's success. The management did a little celebrating that night (the players returned to the "Sev Abels" early because continued on page 15 How to get the Cardbefore graduation. College is the first sign of success. And because we believe in your potential, we've madeit easier to get theAmerican Express Card right now. You can qualify even beforeyou graduate with our special student offers. For details, look for applications on campus. Or just call 1-800-THE-CARD, and ask for a student application. The American Express Card. Don'tLeave School Without It!" llllllllllllllllllllllllllHHllllllllllllllllHli • PROFESSIONAL p _ • TYPESETTING OFFSET PRINTING E SERVICE o • FAST COMPETITIVE °JJ • PRICING MANY M • DIFFERENT TYPESTYLES & E S» PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT USFOR A QUOTATION TODAYI i I jl Lr_f__r_ 3171 Main Street fUtln S. of Wlnsp..,) But,a,°'NY 835-°lOO TjSpaTjk? iKP)i^Mi\iirl676 °|vdN,a-FaHs from nfiv&fr-tp?p T\ lyiS§P) facron KMmtl) Tonawanda, NY 834-7046 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1l ■ Htravel Hservices .^H "ELATED 14 The Opinion March 11, 1987 �Wade's Warriors ... • the semifinal game started at 10:45 a.m.), and all I can say is that the Colonel was not kidding when he said he had been to a lot of places where "everybody smells a little bad." Once again, the Colonel entertained the management with stirring motel room oratories. The snoring symphony was averted by the diligent and somewhat violent efforts of Traveling Secretary continued from page 14 Brian Bornstein. The Final Four The Sunday morning semifinal game against Albany Law School started with the Warriors taking an early four point lead on the strength of several three point baskets by Rick Resnick. The momentum of the game seemed to turn when two Public Safety officers checked the Colonel's pearl handled revolvers to see if they were authentic. Tammy Schultz accepts the Haven House donation. • General Newhouse gets his uniform. "The management did a little celebrating that night . . . and all I can say is that the Colonel was not kidding when he said he had been to a lot of places where 'everybody smells a little bad.'" Dan Lukasik picked up three quick fouls. At half time Albany led 39-34. Forward Steve Lindley fouled out early in the second half with Albany leading We're number one. Mine eyes have seen the glory. 56-42. The Warriors were unable to get back into the game. Albany won easily, 85-65. The Warriors were magnanimous in defeat. Steve Lindley observed, "These guys were relentless...Albany never stopped hustling..." The Warriors' front line foul trouble didthe most damage to their title hopes. Forwards Larry Spicassi and Thomas Ware were unable to play. Their absences left the Warriors thin at the forward spot. The Warrior guards were unable to score consistently from the outside. In short, Albany played well and deserved to win. After the game the team retired to the "Sev Abels" for champagne. When toasting his team (the last speech in a weekend of speeches), the Colonel laudedTiis players' efforts, expressed his desire that the first years continue the Wade's Warriors project next year and ranked Wade's Warriors among his fondest of Law School memories. The bottle was emptied and the long trip back to Buffalo was made much more pleasant by the Colonel's kind words and the memory of the wild weekend that was behind us. Warriors take New Englandby storm. Back court action. 4,5 Seventh Avenue, Suite 62 'Front woods" action. botfffi | bapfai § borfhn Oh It says right here we can't use the guns. • New York, New York 10001 • (212) 594-36%_(201M>23: j36^ March 11, 1987 The Opinion g 15 �am r«l W^ I I I I ■&'A 11 11^^^ I W\Wl T_%\^^B_Wm^r JL^VJ I j^H ATTENTION: CLASSES OF 1987,1988 & 1989 When you register early for BAR/BRTs 1987, 1988 or 1989 New York, New Jersey, Massachusetts, Connecticut, Vermont, New Hampshire or Maine Bar Review. You get materials—NOW. And the nation's largest and most successful bar review course and you save $100 off the current price. The last day to save $100 off the price of your course is: _______ lr_ ~s-^ I/ I'—^fs—'l fmJ^_-___)^*_-W n 415 Seventh Avenue, Suite 62 New York, New York 100C1 212/594-3696 201/623-3363 II _ IV I \ === Ijlf /// If VW/VW Jl vi^ =^=^========== — ___% V^V ___ __W__W |H I .. — 3rd Year Reps. c. r.Steve Ricca Colleen Rogers Debbie Rosenband tiub Robin Rosenberg j i r c Jennifer Sanders , 1C Joel Schecter c cv Evan ,LeslieShapiro n, Shuman Karen Silverman Eric Snyder Larry Spiccasi SamSpiritos Bonnie Mettica Kevin Comstock D Bernetta Bourcy Karen Buckley Robin Chekla _r j /-, ». Mary Comerford k, r. i Nancy Decarlo c v Keith Fabi x ~ Tammy Gordon .•. .. . ~ b ,ir PaulKarp Katie Keib Jay Kennigsberg Alicia Lacappruccia JayLippman Dave Piatt Rickßesnick 16 The Opinion March 11, . , 1987 . „ A 1 Cora Alsante Shari Berlowitz Mikeßiehler c_, ~. ~ Festus Campbell n^_ mTTZT ,~ MelanieCollins - _. A AlDong .-, ■ CSS 1 JWm ©19878AR/BRI/ f^H\ ■ m __^^^^_^^^^_ Head Rep. Barry S. Stopler Asst. Head Rep. Ramon Perez r D _W 160 Commonwealth Aye. Boston, Mass. 02116 617/437-1171 . GailICII Ellington c Susan Gass c SusanGigacz 2nd Year Reps. - » Mcßnde « Bob ._». Joshß.Rosenblum • _ Lisa Strain „Scot ~T Yunnan ChristineTsai Z Debbie Dew tt Walker , , „,.„; JohnWi ams Dana Young Caro Livsey ~ ... ' lst Year RePS- ' Derek Akiwumi Arlyn Goldberg Ben Bruce DaveQuinn Dan Schwartz Charlie Favata TonyParlato � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-03-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/11/1987 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:56:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7e0d064833386f3485a69c903305009a.pdf 37474bfea6efcc4897f51c3d1ccd2557 PDF Text Text THE OPINION Volume 27, No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 25,1987 SBA Passes Nondiscrimination Resolution by Paul W. Kullman By a near-unanimous vote, theStudent Bar Association endorsed a resolution on Wednesday, Feb. 11, calling for the UB Law SchoolPlacement Office to deny the use of its facilities to any employer who discriminates on the basis of sexual orientation. The resolution, drafted by SBA President Brett Gilbert, was passed by a 17-0-1 vote of the Executive Board. It further callsfor the Placement Office to adopt an explicit policy of nondiscrimination (see page 5 for text of resolution) and to secure statements from prospective employers indicating they will abide by this policy. Second year Director John Williams initially proposed that SBA hold a student referendum before endorsing the resolution, but later withdrew his proposal after some discussion with other Board members. First year Director Shelley Rene Rice represented the lone abstention. Gilbert said he will next approach the faculty "to see what they've got to say." Gilbert, also a member of the Gay Law Students Organization, said he was prompted to draft the resolution by a press release he received from the New York State Department of Human Rights concerning an Executive Order 28 issued by Governor Mario Cuomo on Nov. 18, 1983. The order reads: "No State agency or department shall discriminate on the basis of sexual orientation against any individual in the provision of any services or benefits by such State agency or department." In a memo to Placement Office Director Audrey Kosciel niak dated Jan. 22, Gilbert raised "the issue of the Placement Office's relationship with the various armed services Judge Advocate General Offices." "As I understand it, the JAG offices knowingly discriminate against gay men and lesbians who reveal this fact to them," Gilbert's memo stated. "The question becomes, of course, does the Placement Office violate the Governor's Executive Order by giving the JAG access to State property and services?" "It is a difficult question," the memo continued. "Certainly the PlacementOffice itself is not discriminating; however, is the Office vicariously implicated through its relationship with the JAG?" Koscielniak was out of town at press time and could not be reached for comment. Dean Wade Newhouse, who also received a copy of the memo, said he would withhold comment until he had a chance to examine the issues more closely and talk to Koscielniak. "I'm really interested in seeing what the faculty has to say," Gilbert said. "We're (SBA) not telling people they can't interview withthe JAG Corps. We're just saying New York State shouldn't have to pay for it." Gilbert stressed that the SBA resolution applies to any employer who discriminates on the basis of sexual orientation, and not just the JAG Corps. He said any such employer can always rent a room at theMarriott Hotel to conduct interviews. "All we're (SBA) asking is that the Placement Office follow the policy of the University and the policy of New York State," Gilbert said. "Some of my best friends have been in the JAG Corps and this isn't against continued on page 6 JAG petition in mailroom. Wade's Warriors Capture Corporate Sponsor by Joel Schechter Tis the age of the corporate sponsor. The Fiesta Bowl was just another peripheral bowl game until this past year when the Sunkist Fiesta Bowl lured the top two college football teams to battle for the national team which will represent UB at the upcoming law school basketball tournament in Springfield, Mass. On Wednesday, Feb. 11, UB Law School alumnus Les Foschio, who serves as vice president and general counsel of championship. For the first time in over 100 years, the race for America's Cup did not occur in waters surrounding the United States. But television-viewing Americans were able to ride the waves off Fremantle, Australia thanks to pictures taken by the Budweiser yacht cam. Wade'sWarriors has decided to "ride the wave" of corporate sponsorship. Barrister Information Systems Corporation, with headquarters at 45 Oak St. in Buffalo, has become the official sponsor of the basketball Barrister, donated $600 to Wade's Warriors on behalf of the corporation. Barrister is the ideal corporate sponsor for the UB Law School team. The company is presently one of the largest suppliers of computer sytems to law firms, providing hardware, software, and a complete range of support services. Barrister law practice management systems are designed to auto- mate both the administrative functions of law offices through word processing, timekeeping, etc., and substantive law functions such as litigation support Joel Schecter receiving donation from Barrister's V.P. Les Foshio. and legal research. Barrister also provides consultation to firms wishing to implement customized data bases. Barrister Information Systems is a successful corpora- tion which has decided to give something back to the community. Whether it be a past donation or a guest lecturer in a Computers and the Law Seminar, Barrister has exhibited a firm commitment to enhance the quality of UB Law School. This type of symbiotic goodwill relationship between the University community and the private sector confers benefits upon the parties involved while also providing an important step in the revitalization of the Buffalo area. The membersofWade's Warriors express their thanks to Barrister Public Relations Coordinator Paul Chimera for all of his help in arranging the sponsorship. The donation will be used to help defray the cost of uniforms, travel, and lodging. Student Survey Calls for a New Journal by John Bonazzi Perhaps two of the biggest frustrations of the Law School experience is failing to make Law Review and not ever having the opportunity to gain research experience or get a scholarly work published. Well, for a lot of you future Cardozos, things may be looking up. Thanks largely to the energy and initiative of Brian Ton, a third year student, we may soon have a new journal. This publication wouldbe entitled the UB Law Journal, and would provide a greater opportunity for students to (a) be associated with a law school journal, and (b) have seminar papers or other legal research articles published. With this new journal, students would then have three vehicles to accomplish those now-e|usive goals, the other two presently being the Buffalo Law Review and In The Public Interest. The UB Law Journal would not try to compete with the establishedLaw Review. It would not have a grade requirement or a writing competition, ft also would not duplicate In ThePublic Interest, as it would not limit itself to a parochial range of issues or topics. The new journal would be general in scope. As Ton put it, "It will pick up where they leave off." According to Ton, most schools have more than one journal. He sees this as a great opportunity to supplement a writing program at UB that most law students see as inadequate. The results from a' survey 0f "823 law students somewhat supported that notion, as 20 percent indicated a desire for another journal. The breakdown of the responses is as follows: In response to the question of whether one felt thatthe UB Law School provides ample opportunity to improve one's writing skills, 66 percent replied "No"; 29 percent "Yes"; and 5 percent "N/A." Only 55 percent of first year students replied "No", while 82 percent of third year students responded that way. Tonfeels thatthe latter figure is a more reliable gauge of ÜB's true writing opportunities, as third year students been here longer and are in a better position to assess the adequacy of ÜB's writing opportunities. The second survey question asked whether one would like to see the formation of a new journal in addition to the Buffalo Law Review and In The Public Interest. Eighty-three percent replied in the affirmative, while 16 percent said "No." One percent abstained. There was not much disparity between classes. The third question drew the largest positive response. Eighty-nine percent said that they would endorse or participate in the UB Law Journal, compared to just 9 percent who replied that they would not. Two percent abstained. In the "Comments" section of the survey were written mostly supportive passages. However, not all of those notes were sup- portive. One student protested that the establishment of the UB Law Journal would "detract from the quality of the Law Review. " This person made no mention of how this would occur, however, or of the ben- efits another journal would bring to the Law School and its students. continued onpage 10 inside 2 Grades Dillon Honored .. Faculty Candidate 5 . 7 ... 11 The Boy Mechanic Picture �age 2 �Good Response for the Faculty Grade Deadline by Krista Hughes Approximately 15 professors had not turned in theirFall 1986 grades by the faculty-approved deadline of Feb. 17. According to a Dec. 22 memo to the faculty from Dean Wade Newhouse, "Grades for exami- nation courses should be reInsttructor Albert Albert ported at the earliest possible practicable date and no later than Feb. 15 and June 15 (if a weekend, then the first Monday following these dates)" (emphasis in original). The Feb. 15 deadline for Fall grades has been in effect since Dec. 19, 1979, but has not been lourse Date 'osted H* Administrative Law Lawand Medicine Labor Law FederalTax 1 Civil Procedure Research andWritini Criminal Law Master & Slave 1 Evidence Civil Procedure Constitutional Theor Research and Writini Criminal Procedure Cor iprateTax Federal Tax 1 Indei lendentStud' Law, Cultureand Socief CriminalLaw 1 2 87 2 1387 1 1287 2 11 87 2 5 87 1.9.87 2/3/87 1 30 87 1/22/87 2/12/87 Fraser Remedies Freemen Constitutional Law Indej lendentStud' La' irCliemClinic New York Practice Law 'er Client Clinic 1/20/87 12/30/86 1/30/87 N/A 12 30/86 1/30/87 2/12/87 2/12/87 1/8/87 12/30/86 Ave Bennett Ben |er Benier Binder Binder Birzon Blum Blum Blum Carr DelCotto DelCotto Em iel Eni iel Ewim Gerken Gerken Gressens Ha. Ler Hah trn Hall irn Headrick Konefsk' Konefsk' t-.i ;itz Contracts Indej lendentStud' Law ir ClientClinic Marcus Famil' Law IndeilendentStud' Marcus Mensch Mm iel Muni ier Muni ier Newhouse New! louse Newhouse Civil Procedure Indej lendent Stud' La 'er ClientClinic Research and Writim Comj lutersandLaw Rimar La' trClientClinic Scales-Trent Constitutional Law 2 Scales-Trent Em llO' lent Discrim. Law Schlei iel Contracts Olsen Olsen Olsen Olsen Reis Schlei iel JudicialClerkshii 31 11 14 21 16 37 17 74 ■53 67 50 71 10 1/30/87 1/13/87 1/6/87 46 23 13 1/6/87 1/21/87 1/21/87 15 19 90 23 59 1/2/87 17 75 50 26 18 74 10 Trial Technii iue Con irations Libei Proi >ert' &Law New York Practice Famil' Law 12,16/87) Health Care & The Elderl Law ir ClientClinic Thurom Federal Taxi Zimmerman Financini Small Business Staff Steinfeld Steinfeld Sullivan Swartz Szcz' liel Szcz' liel 1'16/87 N/A 1/21/87 2/12/87 1/21/87 2 12/87 2/12/87 12/30/86 1/8/87 15 31 10 -37 22 23 12 75 24 37 22 18 20 20 14 16 51 47 36 11th Annual Law Convocation on Saturday, March 7, by presenting him with the Edwin F. Jaeckle Award for 1987. Dillon is currently presiding justice of the Appellate Division of State Supreme Court, 4th Judicial De- 81 19 117 59 "As a jurist, he is recognized by his peers 41 for his knowledge of 20 16 14 4 10 legal profession. the law, judicial 13 23 22 temperament and leadership." Attorney Douglas S. Coppola, president of theLaw Alumni As- Law Review Casenote Competition The first opportunity for first year students to compete in the Law Review Casenote Competition will be during spring break. The schedule for pick-up and return is as follows: Dillon, 59, spent 10 years as district attorney beforehis election to State Supreme Court in 1973. He was appointed to the Appellate Division three years School, Dillon will be honored 64 51 . during a luncheon in the Center 11 51 123 additional time, however, was not enough for at least four teachers who gave examinations, and another 10 or so who required papers or projects. In a subsequent memo dated Jan. 14, Newhouse stressed to faculty members the importance of meeting the Feb. 17 deadline by emphasizing the hardship imposed on students: "The failure to have the grades in before the drop-add deadline (Jan. 23) can result in students being decertified for TAP assistance, if at that time the student has received grades for less than three courses." Also, students who need to reconsider their spring course selection based upon poor grades from the Fall semester will be unable to amend their schedules. partment. A 1951 alumnus of UB Law 38 18 Hu\ ihes Pick-up Friday, March 13 Monday, March 16 Tuesday, March 17 with the Law Alumni Association will honor Justice Michael F. Dillon ofOrchard Park at the 10 37 16 grading time. This Justice Dillon to beHonored By Law Alumni Association for Tomorrow on the Amherst Campus. Named for UB Law School alumnus Edwin F. Jaeckle, class of 1915, the Jaeckle Award is the highest honor the Law School and Law Alumni Association can bestow. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and the TOTALS 'hart Com, tiled b; Paul W. Kullman and Krista measure the thirty days from approximately the beginning of the spring semester," thereby giving faculty members an additional three to four weeks of The UB Law School together 1/21/87 1/14/87 1/29/87 1/21/87 12/30/87 2/4/87 1/29/87 1/22/87 1/29/87 2/2/87 1/14/87 Crosby, Helen "Grades have been turned in pretty well this semester." She added, however, that she was not able to say whether Newhouse's memo was the reason. It should be noted that a total of3,030 grades were turned in by the deadline this year while by March 26, 1986 only 2,549 grades had been handed in. When the faculty approved the Feb. 15 deadline seven years ago, they amended a 1967 rule which required that all grades be reported "no later than four weeks after the date of the last examination for the particular semester." Registrar The resulting change "was to 78 47 19 1/21/87 2/4/87 1/8/87 1/6/87 1/9/87 1/20/87 2/13/87 2/10/87 2/10/87 12/31/87 2/2/87 Municii I Law Socioloi ofLaw Indej ien< lent Stud' Law & Hii iher Education Law & PublicEducation IndependentStudy Q* 8 | 2/3/87 Contracts Future Interests Schlegel teachers have become notorious for the lateness of their grades, and the posting of Fall grades late in the Spring semester has not been uncommon. According to Law School 2.1287 AdvancedEvidence Law> 'erini Process Cor| iprations H vigorously enforced, as is evidenced by the fact that some sociation, cited Dillon "for his dedication and commitment to public service." In announcing the award, Coppola said, "As Erie County District Attorney, Dillon demonstrated a commitmentto professionalism in the administration of the criminal justice system. As a jurist,he is recognized by his peers for his knowledge of the law, judicial temperament and leadership. His achievements bring credit to our profession and school." Hon. Michael F. Dillon. later and has served as presiding justice since 1979. Dillon's past honors include the Award of Merit from the New York State Trial Lawyers Association; the 1982 Frank S. Hogan Award from the New York State District Attorneys Association; and the State Bar Association's award for outstanding judicial contribution to the criminal justice system. He is a past president of the New York State District Attorneys Association and a former vice president of the National District Attorneys Association. He helped draft guidelines for the New York Fair Trial Free Press Conference and served as chairman of its seminar committee. Previous Jaeckle Award recipients include Edwin F. Jaeckle, Hon. Charles S. Desmond, Frank G. Raichle, Jr., Clarence R. Runals, M. Robert Koren, Robert J. Millonzi, Hon. Matthew J. Jasen, Jacob D. Hyman, Hon. William J. Regan and Thomas E. Headrick. Return Monday, March 23 Thursday, March 26 Friday, March 27 All pick-ups and returns are between 9 a.m. and 12 noon. £ 415 Seven* Arane. Mte (2 New York, New York 10001 (IH)M4-3w* (a01).M»-3tt» 2 The Opinion February 25,1987 �WIN YOUR BIGGEST RACE with the JOIEPHSON ft HLDWER Bar Review Course • ji/rV Mfiy * NEW YORK 1987 Bar Candidates lf 's not to late! o C~JW ,*dP Jk ° $100.00 off Regularly $ 890. 00 ; your price $790.°° w E # Discounts applicable February 2, 1987 - *^kTffl m* f§ m. •*V J1 see yotyr J/K Cam P us Representative or contact: y|m IOIIPHIONtfKUJWEn 1 M I WW AM LEGAI EDUCATIONAI CENTERS, INC. If «I 1 10 East 21st Street, Suite 1206-7 'W ■ New York NY 1001 Am W ° (212) 505-2060 or (800) 421-4577 |M ■ <4 *f - v Become Uwi Cxpcct Succeed! W mm\ mm I v P&*: : : © 1987, Josephson/Kluwer Mefanie Collins Irene Fassler CaroJGiarrizzo Ros©: Anne Landau Legal Educational Centers, Inc. CI lIMY DiiTrala I/k Rone OUli ■ iif dl DUIICUU %Jiv\ rlcpd Philip Chamot Ronald Francis Laura Green Nancy Holtby Eric Chester Celia Garelick Evelyn Gurdin LoisLiberman, Raymond Dziedzic Evelyn Gawronski Maryellen Gunnison Fern Merenstein February2^l9B7,., The..Qpjtyipft 3 �PASS rT^ __*, 111 ITU \ DIEDED I BAR EXAAAjiLv flttffi ' The Bar Course That Cares For information see your Pieper Reps or contact: PIEPER NEW YORS-MULTXSTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (516) 747-4311 PIEPER REPS jjy 4 Judith Kubiniec The Opinion February 25, 1987 >$L Maria LoTempio Mr Brian Mahoney \) �Brett Examines Struggle of the Oppressed by Brett Gilbert Recently, the Student Bar Association passed a resolution which called upon the Placement Office to adopt an explicit policy of non-discrimination in the placement process. That is, the resolution called upon the Placement Office to make its facilities available only to recruiters who agree not to discriminate on the basis of sex, sexual orientation, race, color, religious creed, national origin, marital or parental status, age or handicap. While the call for such a non-discrimination policy may appear necessary or, at least, reasonable to most of us, some may find that it runs against their better judgment. Therefore, an examination of the wisdom of a policy of nondiscrimination seems to be in order. The fight against discrimination has been a difficult one. Over the years, many segments of our society have had to wage long and sometimes violent struggles to stamp out attitudes and practices which stood in the way of social progress. Indeed, most of these battles are far from complete. The struggleforthe liberation of people of color has been fairly well documented. It was fought on many fronts and many had to die so that others might go forward. However, as recent events in Forsythe County, Georgia and Howard Beach, New York suggest, the fight to end racism is not over. In fact, while black babies die at twice the rate of white babies, while people of color have an unemployment rate many times higher than white folks, and while minorities are systematically excludedfrom the citadels of American power, the strug- gle will never be over. As I write, itisthe anniversary ofSusan B. Anthony's birthday. Since her death, it can be said that some women have come a long way. Indeed, mainstream white women have made significant progress in securing their positions in the marketplace. However, some continue to believe that women have too much freedom, so they end federal funding for abortions, refuse to run condom ads on must not believe that birth control is their responsibility), and frustrate all attempts to organize free child care centers for working women. It is evident that women, too, must continue their struggle for political, sex- men joined the patrons of The Stonewall, a bar frequented by transvestites, in a spontaneous and violent protest as police "We should be willing to fight oppression on any level which may be available to us." ual and economic freedom. Gay people have had a more difficult fight for liberation. Their most recent struggle began in 1969 in Greenwich Village, when lesbians and gay raided the bar. As a result, a popular slogan in the gay rights is, movement "Stonewall Means Fight Back!" While some progress has been made, especially in New York State, most of us know how difficult future fights for gay rights are sure to be. On the national level, gay people have yet to win even the simple freedom to love. However, there is a secure infrastructure of gay legal and educational or- ganizations in place and this will surely make gay people move more confidently toward future social victories. In the meantime, we can all join these various struggles by opposing those groups that seek to discriminate on the basis of race, sex, sexual oriencontinuedon page 11 Anti-DiscriminationResolution Is Passed by SBA Resolution Endorsed by SBA on Wednesday, Feb. 11: WHEREAS, the SUNY/Buffalo Law School's Placement Office permits the Judge Advocate General Corps of the U.S. Armed Forces to utilize its facilities for recruiting purposes; and WHEREAS, the Judge Advocate General Corps of the U.S. Armed Forces has a public policy of discriminating against lesbians and gay men, as well as the disabled and those over the age of 35; and WHEREAS, on November 18, 1983, the Governor of the State of New York issued Executive Order 28 prohibiting all State agencies from discriminating on the basis of sexual orientation in the provision of any services or benefits by a State agency; and WHEREAS, on October 26, 1983, the State University of New York Board of Trustees passed resolution 83-216 which stated, "The Board of Trustees expects that all judgments about and actions toward students and employees will be based on their qualifications, abilities and performance. Attitudes, practices, and preferences of individualsthat are essentially personal in nature, such as private expression or sexual orientation, are unrelated to performance and provide no basis for judgment. The Board of Trustees expects all State University campuses to take appropriate action to implement this policy of fair treatment;" and WHEREAS, the administrations of Boston University, Columbia University, Harvard University, the University of Minnesota, New York University, New York Law School, Syracuse University, the University of California-Berkeley, the University of California-Los Angeles, Yale University, Ohio State University Law School, and other Law Schools have each banned military recruiters from using their placement facilities because of the military's refusal to comply with campus policies which prohibit discrimination on the basis of sexual orientation; and WHEREAS, the Placement Office of the Law School of SUNY/ Buffalo has yet to comply with Executive Order 28 or Board of Trustee resolution 83-216. BE IT RESOLVED THAT, the Student Bar Association of the Law School of SUNY/Buffalo believes that the Placement Office of the Law School should begin complying with Executive Order 28 and Board of Trustees resolution 83-216 by refusing to allow its facilities to be used by any employer that discriminates on the basis of sexual orientation; and BE IT FURTHER RESOLVED THAT, the Student Bar Association of the Law School of SUNY/Buffalo believes that the Placement Office of theLaw School should adopt the following explicit policy of non-discrimination. The State University of New York at Buffalo School of Law is committed to a policy against discrimination in employment based on sex, sexual orientation, race, color, religious creed, national origin, marital or parental status, age or handicap. Any complaints of discrimination during the placement process will be investigated or referred to the proper agency for investigation, as the placement facilities of theLaw School are available only to employers whose practices are consistent with this policy; and BE IT FURTHER RESOLVED THAT, the Student Bar Association of the Law School of SUNY/Buffalo believes that the Placement Office of the Law School should contact all employers that plan to use its facilities in order to secure a statement by these employers which indicates that they are aware of the Law School's nondiscrimination policy and are prepared to accept its terms. "Grassroots" Clinical Candidate Is Interviewed by John Farrell Stefan H. Kreiger, a candidate for a clinical faculty position, visited theLaw School on Monday, Feb. 9. At least 16 students took advantage of the opportunity to meet with and interview him at 3:30 p.m. in the Faculty Lounge on that day. Kreiger studied political science as an undergrad at the University of Chicago where he graduated with honors. He obtained his legal education at the University of Illinois College of ClinicalcandidateStefan Kreiger. Law where he served as managing editor of the University of. Illinois Law Forum and graduated with honors and the Order of the Coif. Presently a Clinical Fellow and Lecturer in Law at the University of Chicago Law School, he has concentrated on public utilities law and regulation. He and his clinical students have had considerable success in securing the rights of indigent customers who have had their public utilities shut off. Kreiger has also worked with numerous "grassroots" com- munity organizations seeking to protect the legal rights of the poor in disputes involving many issues, especially public utilities. His students, for the most part, have employed usual methods, such as negotiation and litigation, to counter illegal utility shutoffs. A more novel approach was employed when he and his stu- dentsdrafted a bill which would assist indigent customers by Law Alumni Meet in NYC; Reception Is Largest Ever panelled by Melinda K. Schneider The University of Buffalo School of Law Alumni Association held a reception in New York City on Jan. 29,1987 at the Golden Tulip Barbizon Hotel. Associate Dean Alan Carrel noted that it is held at the same time as the New York Bar Association meeting, and its purpose is to have a gathering of NYC alumni, and also to attract people from the Buffalo area and other eastern cities who may be in the New York City area for the Bar Association meeting. The reception is held most years, and this year it attracted the largest crowd to date; 150-160 people. Invitations were sent to the Connecticut, New York Metropolitan, New Jersey and Buffalo areas. A few local firms which were going to be represented at the Bar Association meeting also received notice of the event. This effec- tuated a great mix of people this year, including one alumnus from Washington, D.C. The New York contingent was impressed that our alumni association could draw that large a crowd in New York City. Dean Wade Newhouse gave a short welcoming speech, but basically the reception was a big reunion that elicited a warm response from everyone present. Also present to greet alumni were llene Fleischmann, executive director of the Alumni Association, Alumni Association President Douglas S. Coppola, Vice President Robert Keller, and Treasurer Joseph G. Makowski. In addition, Buffalo faculty represented there and on hand to greet members included Associate Deans Marjorie Girth and Alan Carrel, Professor Kenneth Joyce, Adjunct Professor Sheldon Hurwitz, and Adjunct Professor and Erie County Bar As- sociation President George Zimmerman. Guests included Alumni Association past Presidents Paul Weaver, Hon. M. Dolores Denman, and Bob Fine, and Board of Directors member Dan Kohane. There was a surprise when Ambassador guest Esztelrealyos of Hungary and his wife wandered into the wrong party but stayed to have a drink and socialize. Munchies were served and there was a cash bar because the Alumni Association paid for the reception. It was held in the Rousseau Room, which llene Fleischmann described as 413 Seventh Avenue, Suite 62 New York. New York 10001 (212)194-3(96 (2011623-336} with large beautifully stained glass windows, and with a college atmosphere. Fleischmann feels that there was such a good response because alumni called classmates from their own graduating class. Many alumni decided to extend the evening and continued on to dinner afterwards. Because the turnout was so good this year and the atmosphere so warm, many alumni have volunteered to help form a New York City Alumni Chapter and are looking forward to having many more events of this kind in the future. When asked why he was in- | \o\ \ \ C> - '< §-—-_J L_r -^_-=»-> putting a ceiling on the percentage of income they would be required to pay for utilities. The students successfully lobbied the state legislature and gained passage of the bill. The new law, called the "12% Plan," Affordable Budget makes shutoffs illegal if the customer has paid at least 12 percent of his income toward the utility bill, including gas and electric. Water is already strictly regulated in Illinoisand thus did not require additional legislation. terested in Buffalo, Kreiger said he felt that clinicians have more respect and job security at UB Law School, whereas in Chicago, they tend to be treated as second-class citizens among the faculty and work only with year-to-year contracts. No stranger to Buffalo, Kreiger lived in the area from age 12 through 18, and thus is very familiar with the city. ' As a teacher, Kreiger believes it important to stress professional responsibility toward the poor. Healso recognizes the importance of combining the legal and political process to address societal problems, as was demonstrated by the successful public utilities legislation. If offered a position here, Kreiger would like to utilize his strong interest and experience in administrative law and the regulatory process, though not necessarily involving public utilities. February 25, 1987 The Opinion 5 �The Opinion Mailbox STATE UNTVBtsrrr OF VE«' YORK AT BUFFALO SCHOOLCF LAW February 25, 1987 Volume 27, No. 10 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes NewsEditors: IdelleAbrams Features Editor: Kevin O'Shaughnessy Business Manager: MelindaK. Schneider Photo Editor:; Paul Hammond Layout Editor: Susan Clerc Contributing Editor: ,Zulma A. Bodon Staff: John Bonazzi, Michael Gelen, Brett Gilbert, Daniel Ibbarando, Kathy Peterangelo Johnson, Shelley Rene Rice, Lisa Strain. Contributors: John Farrell, Gregory Jackson, Joel Schecter. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials Grades . A perennial complaint of UB law students is the lateness of grades. While reasonable deadlines have been in effect for years, many professors are notoriously unable to meet them. In his first "State of the Law School" address for The Opinion, Student Bar Association President Brett Gilbert led off a list of "Items" with "Late seem quite happy with Grades," remarking that "faculty members themselves if they take up to a year to report the grades of students." Although very few professors, thankfully, take as long as a year to report final grades, many do tend to take advantage of the casual atmosphere around this Law School and let previously unenforced deadlines slip by. Students complained, of course, but until this school year, very little had been done to alleviate the growing problem. Brett Gilbert had suggested that we students engage in a kind of be havioralistic positive reinforcement system of encouragingprompt professors flash a smile and thank any teachers who got their grades in on time. Gilbert himself wrote letters of thanks to various professors. This method apparently worked, because most of the professors who had had their grades in within two weeks after the end of spring finals were among the first to submit their fall semester grades. Unfortunately, more stringent measures were required for the delinquent professors. In rode Dean Wade J. Newhouse who reminded the faculty via memo that a Feb. 15 deadline for reporting fall semester grades had been approved by teachers and had been in effect since 1979. If the last exam of the semester is on Dec. 23, as it usually is, this mid-February deadline gives all faculty members at least seven weeks in which to grade exams. It might be noted that Newhouse, who taught the heavily-enrolled Law and Public Education, graded 167 exams and had the grades posted by Dec. 31, 1986. It can be done. In Newhouse's follow-up memo, he stressed the hardship to students if grades are not reported promptly. One unfortunate consequence is that students can become ineligible for further TAP awards. Another problem is that the University's drop-add deadline is usually mid-late January. This year it was Jan. 23. Many students, especially seniors, need to know their fall semester grades in order to either re-take a course because of a poor grade, or simply amend and adjust their schedules. If professors are bogged down by the amount of reading they must do in grading an entire class' final exams, one suggestion would be to limit the number of blue-books a student may use during the final. This has been done effectively by many teachers who reason that the limited amount of space available will force the test-taker to think out the question and bring in only the most important andrelevant facts and issues without simply regurgitating fluff. It also gives the professor fewer words to read in the end. Professors must understand that prompt grade reporting is not a luxury that students are whining for it is a necessity. Dean Newhouse did us a great favor by reminding professors of important student concerns. A large majority of professors handed their grades in on time. Students who are still waiting for grades will probably just have to keep complaining. .. — — Remembering Desmond Jurist, attorney, legal scholar, humanitarian, friend — Charles S. Desmond was all of these, and so much more. "In the legal profession he was known as the 'chief,' in recognition of his designation in 1962as chief state judge, the first to hold the title in New York," wrote Buffalo News political columnist George Borrelli. "He was gentle, unpretentious, scholarly, warm, witty, caring and respected." uestnono, au, vied Monday, Feb. 9 after a brief illness, but left behind a legacy surpassed by few. Chief Justice of the Court of Appeals from 1960through 1966, Desmond spent 26 years on the Court in all. Though forced to retire from the Court upon reaching the mandatory age limit of 70, Desmond refused to retire from the legal profession or from life. He resumed the private practice of law, taught at Cornell Law School and, until his death, right here at UB Law School. A nationallyrecognized scholar, Desmond wrote numerous articles and authored two books. He received honorary degrees from 13 different colleges and universities. But perhaps more than anything else, Desmond was a humanitarian and friend. Despite the demands on his time, wrote Borrelli, "Desmond always found the time to help a young lawyer, counsel a friend or contribute his knowledge and experience to a myriad of civic, educational and charitable causes." A man for all seasons, Desmond's presence will be missed, though his legacy lives on. 6 The Opinion February 25,1987 SBA to Hold Dinner Dance On Friday, April 10, at the Niagara Falls Convention Center Ballroom there will be a din- ner dance for the entire Law School. In an effort to defray the cost per person we are asking for any financial support Law School organizations might care to give. In addition to broadening the scope of involvement in this large-scale event, this is an appropriate way to spend any as yet unallocatedfunds an important consideration in light of — the upcoming budget meetings later this semester. Any organization contributing during the next few weeks (prior to the printing of tickets) will be listed as a co-sponsor on the tickets. This is a good opportunity to be part of an activity everyone can enjoy. We welcome your involvement. Here are some additional details about the evening: Dress: semi-formal; tuxedos and floor-length gowns are NOT required. Food and Drink: will be provided by a professional caterer; the dinner will be a sit-down meal. Time: cash bar from 6:30 to 7:30 p.m.; dinner will be served at 7:30 p.m.; the bar will be open throughout the evening. Music: will be provided by a professional D.J. to allow for thewidest variety of music possible. At a later date we will be asking for requests to be submitted to the D.J. ahead oftime. Location: Niagara Falls Convention Center is within easy driving distance of Buffalo and the campus; parking is plentiful and the Falls are a few blocks away. ALL students, faculty, administration and their guests are invited. If you have any questions please feel free to contact me by leaving a note in box #730. Thank you. Robin Miller SBA Social Committee Chairperson Symposium on Mentally Disabled Planned A symposium on mentally disabled individuals and the legal system will be held Saturday, March 7 at the Center for Tomorrow on the Amherst campus when the UB Law School and Law Alumni Association present their 11th Annual Convocation. The morning conference, starting at 9 a.m., is being cosponsored this year by the UB School of Medicine, Department of Psychiatry. A distinguished panel of legal and medical experts will speak and answer questions. According to chairman Joseph G. Makowski, "The attorneys' skills may well determine the fate of these individuals: not only their civil and property rights, but the quality of their lives. "This program is designed to improve practice skills and provide needed information to lawyers who undertake representation of the mentally disabled." Makowski said program participants and their topics will be as follows: *Roger Stone, attorney and executive directorof the Mental Health Association on "The Lawyer's Role." *Dr. Brian Joseph, a psychiatrist and assistant clinical professor, State University School of Medicine on "Consulting With the Psychiatrist." •Beaufort Wilburn, attorney for Legal Services for the Elderly and Disabled on "The Rights of Institutionalized Persons." •William J. Cunningham, attorney and public administrator PEP RALLY SET TO SEND OFF WARRIORS A PEP RALLY WILL BE HELD TODAY AT 10:45 A.M. IN O'BRIAN HALL ROOM 106 FOR WADE'S WARRIORS. COME ON OUT AND SUPPORT YOUR TEAM AND SHOW YOUR SPIRIT. BE A PART OF A WINNING TEAM. WHIP 'EM, WARRIORS! for Erie County Surrogate's Court on "Estate Proceedings." •Mark Mahoney, attorney with the firm of Diebold, Bermingham, Gorman, Brown & Cook on "Criminal Proceedings." •Hon. Theodore S. Kasler of the New York State Supreme Court on "The Judicial Process." •James Sheldon, attorney for Neighborhood Legal Services, Inc. in "Entitlement Programs." •Bruce A. Goldstein, attorney with the firm of Bouvier, O'Connor, Cegielski & Levine on "Attorneys' Fees." Comprehensive handout materials will be distributed. Following the morning panel will be a luncheon and presentation of the Edwin F. Jaeckle Award. The fee of $15 per stu- dent includes program, materials, and lunch. Checks should be made payable to UB Law Alumni Association and delivered to room 315 O'Brian Hall. Some subsidies are available on a first come basis. Those wishing subsidies should leave their names with Pat Warrington in room 315. Committee members for the event include Hon. Margaret Anderson, Paul A. Battaglia, William R. Brennan, Carol White Gibson, Barbara Howe, Dan D. Kohane, Hon. Edmund F. Maxwell. Also, Alan Carrel, associate dean, UB Law School; Douglas S. Coppola, president, UB Law Alumni Association; and llene Fleischmann, executive director, UB Law Alumni Association. School Spirit Is Mourned; Void Will NeverBe Filled Everyone involved with UB should check out the "Genera- tion" article of Feb. 3.1 particularly applaud the Ketter article, having been fated to take my B.A. here during his mid-regime. His administration perpetrated mean-spirited power plays against all sectors of the University community during the mid-70s. Its stubborn, ab- solutist attitude condemned (certainly those 87 + 37 who wouldn't leave Squire) to anger and cynicism. But the silver lining to this was a solidarity and political vibrancy school spirit in a deeper sense. The loss of this feeling will never be filled by upgrade proposals for big many — sports. What mainly contributed to this positive community atmosphere was the social continuity and contact with diversity (including off-campus "agitators") provided by our wonderful Student Union. Squire had it all: offices for all media, clubs; spaces for recreation and even one with a large events fireplace and chandeliers. All students feeling alienated by the UB experience '87-style should demand a real Rathskeller such as existed on the basement floor, across from the pool room, of what is now the Dental Building. Perhaps a grain of the spirit of the old Union can be transplanted to the suburbs. Likewise, let's speak up for the honoring of Mr. Jarvis, a true hero. Few public buildings have been named after Nixon. — Joseph F. Sinkewicz Law Student Tax Competition Announced The UB Moot Court Board will host the 14thAnnual Albert R. Mugel Tax Moot Court Competition on Wednesday, March 4 through Saturday, March 7. The preliminary and semifinal rounds will be held down- SBA Proposal .. them, and I don't want them to feel bad." Gilbert said it is easiest to single out the JAG Corps because it has a public policy of discriminating against lesbians and gay men. He said several law schools, including Harvard, Yale, UCLA and Ohio State, have banned military recruiters town at the City Court Building at 6:30 and 8 p.m. The final rounds will be held in Judge Curtin's courtroom at the Federal Courthouse at 2 p.m. Saturday, March 7. • continued from page I from using school facilities to conduct interviews. "Discrimination against gay people isn't perceived as much an injustice as discrimination against women and minorities, and we've got to get people to see that they are in fact the same," Gilbert said. �The Boy Mechanic by Kevin O'Shaughnessy Condoms Create Commercial Commotion "When you're lovers in a dangerous time. Sometimes you're made to feel as if your love's a crime. Nothing worth having comes without some kind of fight, Got to kick at the darkness until it bleeds daylight." — From the song, Lovers in a Dangerous Time by Bruce Cockburn There is a great scene in the movieSummer 0f42.The main character, a teenage boy named Hermie, spends five agonizing minutes trying to find a tactful way to purchase condoms from the neighborhood drugstore. After much consternation, and the purchase of an ice cream cone with sprinkles, he achieves his goal by telling the concerned druggist that the purpose of condoms is to fill them up with water and drop them on people's heads. The drugstore purchase of condoms has been a traditional rite of passage for adolescent males. It meant that you were ready. You were not exactly sure what or who you were ready for, but you were ready. As you got older, condoms fell out of vogue. They were tacky, spoiled the mood and the drugstore got to be a drag after awhile (besides, "everyone" was on the pill anyway and, more implicitly, birth control was her responsibility). Enter AIDS and the era of safe sex. Depending on who you listen to, AIDS is either the latest "hot" disease with its own television specials (in the same league as Herpes, Anorexia or Bulimia) or it's the great plague thatthreatens the entire human race. At the very least AIDS is . a highly communicable disease that causes death. The United States Surgeon General, C. Everett Koop, has advocated the instruction of school children about the dangers of AIDS and has recommended the use of condoms (behind abstinence and monogamy) to help prevent the spread of the disease. Despite these factors, the three major televisionnetworks have refused to air commercials for condoms. The same puritans who brought you Charlie's Angels, Dynasty, The Love Boat and a whole slew of specials starring LindaBlair (rememberthe one that was set in a girls' reform school and featured a broom handle rape scene?) are afraid of offending the viewer's morals. When television would not come to the drugstore, the SBA Briefs drugstore came to television in the form of Rev. Carl F. Thitchener, minister of the Amherst Unitarian Universalist Church. His "Condom Conundrum" ser___, (which /..,i,i„i, j„j :.u *v mon ended with the Australian television. Television used Rev. Thitchener and vi- -------, u--l. his sermon as a type--« of backdoor condom commercial. -.. _ .. _ The recent news articles unvarrest record _. Z- his.1past produced by the were indirectly ', , nypocntical three networks ban on condom commercials. _-, --. _• The media made Rev. Thitch-* ener larger than his message. The message is largerthan Rev. Thitchener, something which he claimed all along: People must shed the drugstore ritual «•_ --. covenng .. . jl . , . .. j. .. doms are an effective method of preventing the spread of a deadly disease. ...the condom commercial ban continues, here are my top .. erna .ve . Ef; flve » . .. . -~.--;-.passing .»..� out -« of „x_j condoms-*„ to .vthe congregation) drew the attention of the three American networks, in addition to British and -- - . mentality and realize that con- ■_ °'* " corn°attmg the spread ofAIDS: (1 Condom-Matics installed next to all banking machines (2) Mandatory wearing o c History T-shirts in all Sexual pU ,„."L a~S-,-,. gear must be (3) Full SCUBA worn during all sexual acts. --..fr.* gear is unavail-•■ ~ SCUBA (4) If r_.ii. wrap themable, partners must • dry-cleaning bags v selves in and , goalie masks, wear . ,_, (5) An extensive private co V JT lection of exotic inflatable sex > . ... , ' _ _ _ .~ .. , - If you willI excuse me, have to do some shopping at the drugstore ... by Brett Gilbert JAGResolution andIncrease in Fee Adopted Well, parties galore are being planned for the remainder of the semester and things have been rather busy down in the SBA office. Let me take a few minutes of your time to explain what has been going on around here. Nondiscrimination Policy For The Placement Office: At the Feb. 1 1 meeting of theSBA, the Board of Directors voted in favor of a resolution which called upon the Law School's Placement Office to abide by Gov. Cuomo's Executive Order and SUNY Board of Trustee resolution which bars discrimination on the basis of sexual orientation in the provision of any service by a state agency. The SBA resolution also called for the Placement Office to adopt an explicit policy of nondiscrimination and to make its facilities available only to employers who will certify that they do not discriminate on the basis of sex, sexual orientation, race, color, religious creed, national origin, marital or parental status, age or handicap. The vote on the resolution was 17-0-1 (Shelly Rice, a first year director, abstained). I will be taking this resolution to the next faculty meeting so as to secure their endorsement for the proposal that the Placement Office should abide by statewide guidelines and institute a policy of nondiscrimina- tion. Activity Fee ReferendumAnd Second YearDirector Election: The activity fee referendum his opponent, Laurie Green, by a vote of 38 to 26. Thanks to all those who took the time to vote! Letters To Letterman: During the Fall semester, thirdyear students voted David Letterman to be their number one choice for commencement speaker. The Commencement Committee him to attend our commencement. We collected about 100 letters, all of which will be mailed out. Hopefully, this will provoke David into giving us some sort of reply. We'll keep you up to date about this. Otherwise, everyone who has been written to has declined our invitation to speak. We are popular, aren't we? Oh well, we'll keep trying. SBA Executive Board Elections: Elections for SBA Executive Board members will be April 1-2. Petitions may be picked up on the SBA office door on March 4. First and second year students should start thinking about whether they want to run for the office of president, vice-president, treasurer, or secretary of the SBA. SBA Parties: Here is the tentative schedule for the remain- ~Letters to Letterman lobbyists. passed with a vote of 87 yeas to 22 nays. Beginning in theFall semester, the activity fee will be $22.50 per semester. Larry Lane was elected to be a second year director, beating sent a letter to David inviting him to speak, but he has yet to reply. The SBA conducted a "Letters to Letterman" campaign in which everyone was invited to write David urging .. der of the semester: Feb. 25 —The SBA Suitcase Party at Barnaby's. The fun and games start at 8 p.m. March 2, 3, or 4 SBA Jam. Students can show off their musical talent in an intimate bar somewhere in Buffalo. (We are still trying to pin this one down.) March 26 Fifty-three Days till Commencement or Senior — — Week Fund-Raising Party (we haven't decided what to call it). Location to be announced. March 29 The Law Revue at the Tralf. This is always a good time. Students, especially first year students, should begin to think about what kinds of acts they would like to perform (don't get fresh). April 10—The SBA DinnerDance at the Niagara Falls Convention Center. Depending upon how much we can get the smaller Law School student — groups to contribute, ticket prices should be about $12 per person or less. This will include a sit-down dinner, cash bar, and a professional DJ to spin the discs. Of course, everyone is invited! May 9-16 —Senior Week. A different event each day will highlight this week before commencement. Everyone is invited to partake of the daily activities. Moreinfo to come later. Well, that is about it for now. Spring Break is just around the corner. I'm off to figure out when I'm going to have the time to finish a paper I still owe Pro- fessor Albert. (Don't tell Marjorie Girth I said that or she'll pull my file!) Aggravation, Frustration Cloud a Sunny UB Sky by John Bonazzi I like it here. I really do. I've been to other schools where their idea of an education was rote memorization, multiple choice exams, and grading according to a curve. Thankfully, it's not like thathere. Yup, I feel like I'm learning something. I also feel thatthere's somebody out there trying to screw everything up. You can call me paranoid if you want (stop talking about me!!) but I can't explain it any other way. You know what I mean. Those aggravating nuances that exist only to distract. The inexplicably stupid policies and realities that cloud the otherwise sunny UB sky. You want examples? Fine. Here goes. I Copiers. should have said, "What copiers?" What's your idea of fun? I'll bet it isn't waiting in line 20 minutes to use the copier for 20 seconds, then returning to your seat, reading those copies, and get a million more books to copy. You get the idea, I'm sure. While I shall remain indebted to the library for getting me back in shape (those marathon jaunts to Lockwood have sure helped!), I prefer to exercise when I'm in the mood, not when the libra- rians are in the mood. There are two things very wrong here. First, we need more copiers. I'm sure the librarians will tell me that they can't afford them, but it should be pointed out that while copiers cost more than books, copiers pay for themselves (and then some) and books do not. In the long run, it is more cost efficient to provide more copiers. Second, it is absurd to have library desk workers not be able to provide basic, routine maintenance on those machines. When the copier is out of dry ink, the copier is shut down. When the copier needs toner, it's shut down. When it's You get the idea. Pretty soon, they're all down. C'mon, no one expects you to crawl in there with drills and jackhammers, but a brain-damaged Federalist can put ink in the machine. Please change this senseless, stupid policy of yours. Phone. Why isn't there a campus phone located somewhere on the first two floors of O'Brian Hall? Besides being a pain in the Ed Meese, there used to be one outside the SBA office. Who took it away? It's really not much of a problem, though. I can use the one near Lockwood on my way to make copies. Oh, just an idle thought: what if a female is parked in front at night and wants to call the UB escort service, but doesn't have a quarter? Ladies, better stock up on air horns. Doors. Oh all-knowing sage, let me gaze into your omnis- cient eyes and learn the answer to this mystery: why do those morons lock the ground level Park Hall doors separating the Law School from the front parking lot? Park Hall remains accessible through the second story skywalk, so it doesn't increase security. All it does is piss me off. Undergraduates. Why do so many of this species like to pes- ter us? They're all around us, making noise and disrupting us from our eternal search for the meaning of the legal cosmos. It's hard enough doing legal research when tens of your "peers" are trying to frustrate you by failing to put books back where they belong; it's darned near impossible when undergraduates are playing catch with your Supreme Court Reporter. And another thing. Why do they insist on going into the third floor cubicles and drawing and writing on the walls and desks only about anything related to sex? Are they just horny, or is it complicated by a bad case of "I miss my Mommy?" Let's ban themfrom the Law Library we can draw our own sensuous graffiti, thank you. While I'm at it, let me add that a lot of law students need to grow up too. Enough said. — Research and Writing. Why do those sadists insist upon the throw-the-dart-in-the-dark approach to instruction in R&W? What ever happened to good • old-fashioned instruction? How about examples and samples? Are instructors just lazy, or simply unconcerned? Nils Olsen, are you out there? Yes, I know that all of you have complaints, too. Don't worry. I'll be seeing you in the hall. You can tell me what they are, and I'll write them in this column. Together, we can piss them off for a change! February 25,1987 The Opinion 7 �@ ____________________■ --fl ■Jit • i ____________________■ --fl iiiir _____■_______________! --fl ____________________■ _-fl ij)r *^fl iiii The Best Course Of Action. I Stanley H. Kaplan has students for nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and others. Over 110 permanent centers nationwide open days, evenings and weekends. - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake Prepare with Confidence CALL TOLL FREE 800-343-9188 800-223-1782 8 The Opinion February 25,1987 I I �Women Faculty Event Receives Sparse Turn-out by Susan Clerc About a dozen women law students showed up for each of three wine and cheese receptions held in the Faculty Lounge by women faculty members on Feb. 10, 11, and 17. The purpose of the receptions was to acquaint students with women faculty. "We realized from conversations that many students didn't know us as faculty or even know who we are," said Associate Dean Marjorie Girth, one of the faculty members present at the reception for second year students. This aim was denied by light turnout and the tendency of students to arrive with and stay with people they already knew. Most of the few who attended the receptions for first and see- ond year students stood or sat in knots around the lounge, which was gaily festooned with Christmas decorations. The largest knot gathered at the table where the refreshments were displayed. These consisted of red and white wine, apple juice and a platter of cheese and crackers attractively garnished with apple slices and parsley sprigs. Every now and then, a courageous faculty member would attempt to infiltrate one of the small groups and engage its constituents in conversation with varying results. Discussion followed the usual pattern of school gatherings grades, and whether interviewing, O'Brian is actually heated in the winter. on-one ratio of students to fac- Apathy and fear were the chief reasons given by women studentswho did not attend. "If they know who you are," reasoned one first year, "they'll call on you in class." A more cynical view was expressed by ulty. a second year student: "I see quite enough of my professors in class." Both students requested anonymity. Although most classroom intimidationhas lost its effect by the third year, the apathy that accompanies senior status at any school is firmly established. It was therefore unsurprising that attendance at the third-year gathering was the lowest of the three, with a one- — The atmosphere, however, was more relaxed and conversation occasionally strayed from the accustomed ruts of law talk to something interesting. the reception. Suggestions ran from having a panel discussion of some of the problems that confront women in the legal field to introducing the faculty members to everyone instead of making them wear name tags. This was the first attempt by the women faculty to hold this sort of event. Questioned as to whether receptions would be held in the future. Girth replied that "it depends on the reaction we get" to those held thisyear. Considering the lack of reaction from most women students, the faculty may want to consider changing the format. One observation by women who did go was that there should be something preceding More publicity might also increase attendance. The only notice given of the receptions was a memo placed in student mailboxes. Several of those not in attendance said that they "just didn't know about it." The lack of interest in this year's program makes it clear that changes are necessary if the faculty wants to achieve its goal of getting to know law stu- dentsoutside of theclassroom. BLSA Students Win Regional Competition by Gregory Jackson "■* i UB law students H. Todd Bullard and Greg Brown captured runner-up honors in the Northeast Region Black Law Students Association Annual Frederick Douglass Moot Court Competition held Feb. 12-14 in Boston, Mass. A team from Syracuse won the event. <U Seven* Avenue. S«tte 62 ■ New York. New York 10001 (»1) 594-369- (201)623-3363 ' Though finishing second, Bullard and Brown will advance to the National Frederick Douglass Moot Court Competition in Houston, Tex. on Mar. 18-22, as the top two teams earn berths. Bullard and Brown's case in the regional competition dealt with the question of whetheran organization called American HowtobuyaTV m \'jpfr**mmmmmmfj&*B*^ Charity violated sections 1 and 2 of the Sherman Act. The respondent organization had created a monopoly in a "donor employee" market through its control of access to corporations participating in payroll deduction plans. Arguing forthe petitioner, the Black Community Support Fund, Bullard said that American Charity had effectively created a monopoly through its exercise of power and domination over the donor employee market. Brown then argued that "employees" did in fact consti- tute the relevant market and that the Black Community Support Fund's activities were protected under the First Amend- ment. Bullard Brown, both and members of the UB Black Law Students Association, com- .| I ■t-3 Jj $ f J| — Bllilk.B I / ""'TJM kVL_V How to get the Card before graduation. 3L 9k k\ I fl ■ V W A *F j/til -J,,, The American Express* Card can get you virtually everything from a TV to a T-shirt. Or a tuxedo. From Tulsa to Thailand. So during college and after, its the perfect wayto pay for just about anything you'll wanl __F_3k. S~?0 ._r- peted against teams from Cornell, Syracuse, Boston College and Seton Hall in capturing the regional competition. ■ College is the first sign of success. And because we believe in your potential, we've made it easier to get the American Express Card right now. You can qualify even before you graduate with our special studentoffers. For details, lookfor applications on campus. Or just call l-800-THE-CARD, andask for a student application The American Express Card. WfrzJmmw Don't Leave School Without Itf' 189K€NMOR€ AYE. BUFFALO, NY 14223 835-5587 1111111111111111111111111111111111111111111111111111111l p E q **JJ M PROFESSIONAL • TYPESETTING OFFSET • PRINTING SERVICE • FAST COMPETITIVE • PRICING MANY • DIFFERENT E -H L-T H S* l_-k TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! m B 3171 Main Street (MMm S. of Wmspetr) NY Al Kjf% Buffalo. ItVnimrp 835-0100 _BH |hLAvi m\ "t5^ S£RVK:es rsfVrl InrvJSjV§ ■ 1676 Nla. Falls Blvd. (acrott from K-Mart) Tonawanda, NY 834-7046 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1l February 25,1987 The Opinion 9 �UB Law Journal —— Master ofLaws Boston University School ofLaw A unique, multidisciplinary course of study offering a singular educational opportunity for lawyers who wish to practice in this dynamic, fast growing area of specialization. Taughtbyfaculty of theBoston University School of Law, management experts, and eminent banking law attorneys, this innovative program provides an exceptional blend of intellectual and practical education at one of the nation'sforemost law schools. The curriculum has been meticulously designed to provide courses covering the full range of banking law subjects and courses specially developed to introduce lawyers to the legal, economic and managerial aspects of the financial services industry. Applications are now being accepted for full or part-time enrollment in September 1987. rgi B 9 ii i ' Ites For a catalog containing detailed information and applications forms, write: Graduate Program in Banking Law Studies Morin Center for Banking Law Studies Boston University School of Law 765 Commonwealth Avenue Boston, Massachusetts 02215 or call: 617 / 353-3023 ■__ !L-_-ZZLa__ZZZZ mmmmammmaaaaaaZmaZ Z_______Z_ZZ_Z ZZZZ____ZZZ ~~"~^^~ ~^^^^~~~ , ________Z___Z_Z __ __ __ __ __ __ __ ■_-— u——uu— memaammaawwaaaamam Z__________!Z__Z j~ .. . . Ton is now in the process of drafting a proposal to the dean and the faculty; trying to get both the support and the money needed forthe new journal. He will also try"to get a charter from the SBA, in order to obtain formal^recognition. In addition, and more importantly. Ton is beginning to seek the student support so critical to such a venture. His goal for the publication of the first issue is around November of this year. That will mean getting a lot of people with a commitment to the publication. The qualifications for such persons are an interest in journal work/ research, and a willingness to commit to the formidable task of getting a new journal together for the first time. continued from page I Ton believes such a journal, once established, would be good for the Law School. He views UB as a school where students enjoy their time here; the UB Law Journal would be another rewarding experience. He feels it wouldalso give seminar students an additional opportunity to get papers published. Furthermore, Ton feels it would give the Law School another journal and increase its visibility. Finally, he said it would make UB more attractive to prospective law students. Once again, if you are interested in participating in the formation of the UB Law Journal, and/or are interested in serving in some capacity. Ton invites you to contact him by leaving a note in box #815. SBA Election Coming Up The time for elections for the Student Bar Association's Executive Board is rapidly approaching. First and second year students who wish to run for the office of SBA President, Vice-President, Secretary or Treasurer can pick up an election petition on the SBA office door beginning Wednesday, March 4. Ten percent.of the student body must sign a petition for the candidate to be placed on the ballot. Although third year students may sign election petitions, the SBA Constitution prevents them from voting in the elections. Other important datesfor the SBA elections are as follows: Monday, March 23 Opinion deadline for a candidate's personal statement (two typed pages maximum). Wednesday, March 25 Election petitions due in SBA office (deadline is strictly at 5 p.m.). Monday, March 30 Election Forum (to meet the candidates). Wednesday, April 1 Opinion published. Wednesday, April 1 Thursday, April 2 Elections. 01BAR/BRI STUDENTS t*!aCf |M PASS THE i-H BAR iDf The Opinion February 25,1987 10 �P H O T O S Wade's Warriors Chicks dig Chip. Party Renee questions Dave's plans for a haircut. at Pine Lodge- s, Fundraiser; ! on s Thursday, : Feb. 12 s >« >. Tony Orlando and Dawn's. Will Zickel and Joel Schecter in training? f_f-r_r_. ELS Ski Trip Relaxing after a hard day on the trails. iiWWU......y<»l)Or..-■ Oppression tation, and the like. Certainly, our efforts cannot compare to the efforts of those who were jailed in Birmingham or beaten at Stonewall, but as the times change, so must our methods. We should be willing to fight oppression on any level which may be available to us. The point is that the struggle for liberation and the fight against oppression should not end as we enter the doors of O'Brian Hall. We should be willing to tellthose employers who would discriminate against our friends that they are not welcome here; we should be willing to tell those employers that they can go elsewhere to sell their racism, sexism and homophobia. The state of New York should not have to pay for recruitment facilities for these people. Many other law schools in the country have shown their com- mitment to freedom by requiring all employers who use their placement facilities to sign a statement indicating that they do not discriminate in their employment process. These law schools include Harvard, NYU, Syracuse, Yale, Ohio State, UCLA, and dozens more. With the progressive reputation we continued frompage 5 have, I•*••'• am surprised that the current state ofaffairs has been allowed to continue for so long. We should put a stop to it now. This is not to say that those students who wish to work for the Ku Klux Klan, the American Nazi Party, or the U.S. Armed Services (pardon the comparison) will be prohibited from doing so. In fact, for example, the JAG Corps of the Armed Services have indicated that they are quite willing to interview students at a nearby location off campus, and I'm sure the KKK and the Nazis would do the same. A student's freedom to join such organizations will remain intact. The SBA has called upon the Law School administration to end the public financing of racism, sexism, homophobia, and other forms of bigotry. We are asking the PlacementOffice to adopt an explicit policy of non-discrimination and to require employers to accept its terms. While to some this may appear to be the most radical of proposals, I find it to be not the least bit controversial. The proposal encapsulates the most basic elements of justice and deserves the support of the entire Law School community. Sandy Wozniak finishes the "easiest" run. Sunday, Feb. 8 The Environmental Law Society went on a cross country skiing trip event which was co-sponsored the people attended to Allegany State Park. Nineteen afternoon. Beginners later the falling in with snow beautiful by SBA. The weather was of falls. time a lot despite a great alike had and advanced skiers MH H 4H Sevrnifc Avcnu*. s_ttr 62 New Yoft. New Vorfc 10001 (1H)5»4-»-0- («M)MS-33<3 February 25,1987 The Opinion 11 �New York, New Jersey, Massachusetts, Connecticut, successful bar review course and you save $100 off the current price. The last day to save $100 off the price of your course is: II I 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 A_M / l'r-^is '/ If IS If )Mf /// I - "_-!—s__J-» ""1 Head Rep. Todd Bullard 3rd Year Reps. Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Karp Katie Keib Jay Kennigsberg Alicia Lacappruccia JayLippman Dave Piatt >Rickßesnick The Opinion February 25, 1987 12 160 Commonwealth Aye. Boston, Mass. 02116 617/437-1171 mm Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg JenniferSanders JoelSchecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi SamSpiritos Bonnie Mettica Kevin Comstock | U j I gpall P&llfl\ ©19678W8R1 jyj fcil \tY_-_i V__-_J»__9__B_l_ Head Rep. Barry S. Stopler 2nd Year Reps. CoraAlsante Shari Berlowitz Mike Biehlcr Festus Campbell Maureen Casey Melanie Collins AlDong Gail Ellington Susan Gass Susan Gigacz Carol Livsey BobMcßride Ramon Perez Joshß. Rosenbloom Lisa Strain ScotThurman JimTierney , Christine Tsai Debbie Dewitt Walker John Williams Dana Young I™\ ■ ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-02-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/014f915b9a68d280bb36cdea693ff844.pdf fbce99c350a66cbdd605541151575653 PDF Text Text THE OPINION Volume 27, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 11, 1987 CLS: Searching for Some Alternatives by Krista Hughes First year students from Sections 1 and 3 were given the opportunity to express concerns and propose changes for the field of legal education. Three Critical Legal Studies scholars and the Law School's own Associate Dean John Henry Schlegel were invited to act as a Curriculum Committee and respond to suggestions proposed by eight groups of stu- dent presenters. Mary Joe Frug, from New England University, Duncan Kennedy, a full professor at Harvard, and Stewart Macauley of the University of Wisconsin were invited to UB to participate in a two-part discussion on Friday, Jan. 30. Two of the major themes of the morning session were a perceived need for more "prac- waste of time." Kennedy hypothesized that "the only way court-made rules from relevant cases. A lawyer needs to cial sciences-oriented. examine the context of the rule and the situation to which it might be applied, thereby using skills and knowledge of an extra-legal nature. tical" first year courses and a "Plausible arguments are the general dissatisfaction with the legal system, specifically, its domination by "middle-aged, key," stated Macauley. "We're looking at formulating an argument that is at least plausible enough so you can negotiate the case, which is what lawyers do," and this requires more than strictly practical legal training; "So therefore it seems to me that the most practical course in Law School is Sociol- upper middle class white males." Several students suggested that there is a need for a more practice-oriented approach to the teaching of first year courses, and expressed their fear that an interdisciplinary, "lawand society" approach will not leave them well-equipped to handle "real" legal problems when they leave law school. Stewart Macauley responded ogy of Law." Duncan Kennedy seemed to agree with Macauley's general theory, but suggested that "redesigning the curriculum is a Professor Joyce To Return in Fall by Paul W. Kullman Kenneth Joyce, currently in Albany on a one year leave, will return to his post at UB Law School beginning in August 1987, according to Dean Wade Newhouse. Newhouse said Joyce confirmed his intention to return to UB during a phone conversation the two had on Wednesday, Feb. 4. Joyce could not be reached for comment. Speculation arose last spring Professor that Joyce might not return when he accepted his current position as a research director of the New York State Law Review Commission. The commission is a nonpartisan organization that researches ambiguities and conflicts in New York statutes and recommends Prof. Kenneth Joyce. .. by expressing disdain for those students who enter law school thinking "I'm not interested in changing the world, I'm just in this to make money." He remarked, "[Those people seem] to be desperately in need of a law and society program." As for a strictly practical approach to teaching, Macauley remarked that a legal scholar could be a "master" of a classic legal treatise like Williston on Contracts and still not know all that is necessary to being a lawyer. His feeling was that there is more to lawyering than the direct appropriation of bare changes to the legislature. Upon accepting the position in Albany last spring, Joyce refused to say whether he would return to ÜB. "It's not likely that I would want to be at the commission for the rest of my life," he said at the time. "But it might be fun for awhile." He also said: "I feel a real pull to see through some of the things that have already been started at the commission, and even moreso to research the different approaches other states use to solve problems currently facing New York." Joyce, who has taught courses in tax and gratuitous transfers, had taken a sabbatical in the fall of 1985 to work full-time for the commission. While he returned to UB the following spring, he continued to work for the commission on a part-time basis, commuting back and forth to Albany at the beginning of each week. A graduate ofBoston College and Harvard Law School, Joyce served as a law clerk to the Supreme Judicial Court of Massachusettes and the U.S. Court of Appeals, District of Columbia Circuit before coming to ÜB. we could influence the school in the direction of a more social orientation engineering would be if we could influence the appointments process so that new people being hired would have PhD's in social sciences disciplines," and if they would say when they are being interviewed that they are interested in the social sciences. Consequently, it would be necessary that faculty mem- bers who are "influential on the [appointments] committee" hire the candidates who are soJohn Schlegel, Duncan Kennedy, Mary Joe Frug, and Stewart Macauley. Kennedy, however, expressed dissatisfaction with changes in such a direction. He proposed that the only way to change the current situation would be to effect "very radical structural changes." Instead of pursuing a distinctly social sciences or social engineering approach, Kennedy suggests that law schools adopt a "law and politics" approach to legal education. His specific sentiment was that the only way to ensure that a course is taught "right" would be to have it team-taught by "a leftist, a rightist and a centrist" who would be committed to emphasizing their respective doctrines, and would be dedicated to "fighting it out" with continued onpage 7 Memo Sparks Controversy Among Faculty by Kevin O'Shaughnessy A lack of faculty communication seems to have created a misunderstanding involving some members of the faculty and first year students in Section 2. The controversy cen- tered around the Jan. 30 sym- posium on Legal Education and a faculty memo sent by the Section 1 faculty on Jan. 23. The memo stated that the symposium was part of Section V's course on Perspectives on the Lawyering Process and the Legal Profession and would feature professors Mary Jo Frug, Duncan Kennedy, Stewart Macauley and Associate Dean John Henry Schlegel (who was asked to replace legal historian Robert Stevens). The memo went on to state: "The event will be divided into two parts: 1) an 11:00 a.m. meeting in Room 106 that will involve Section 1 and Section 3 studentsand the panel of guests, and 2) a 1:30 p.m. more general meeting hopefully to be held in the Moot Court Room .... and open to the law school community and the public that will involve our invited panelists on the general subject of the past, present, and future of legal edu- cation." Section 2 Professor Alan Freeman stated, "after reading the memo, I felt like our students were being excluded," and that "some of our students expressed concern over whether they were invited to the first Munger also pointed out that Section 2 Legal Professions Professor Philip Halpern "was gone all summer" and unable to sit in on the planning for the legal professions course. Section 2 Professor Betty Mensch discussed the memo with members of the Section 1 faculty and was assured that Section 2 was welcome to attend the first meeting on Friday morning. Subsequently, she invited the Section 2 students to the first meeting during her Thursday Torts class. that all the sections were invited and that the memo concludes with the statement: "We hope you will be able to attend all the events." He went on to explain that the Section 1 and Section 3 Legal Professions equipment charges was not paid. Argento sent the Telecom- phones if $6,600 in backlogged contioued onpage 7 Bar Association terest in sitting in, they would have been allowed." Professor off the telephone bills. Phone service was terminated on Dec. 15 when the UB Telecommunications Officefulfilled its threat to shut off SBA Student "I'm in- 1 Professor Fred Konefsky denied any attempt to exclude Section 2 from the first meeting and described the memo as "ineloquently written." Professor Konefsky stressed Section munications Office a check through Sub-Board for $3,400 on Dec. 18. However, Telecommunications Manager Frederick S. Wood refused to act until SBA's check cleared. Once the check cleared, however, the Telecommunications Office refused to reinstate telephone service until SBA forwarded an additional $500. Argento then sought the help of Michael Apa, head accountant for Sub-Board. Apa attempt- Treasurer Vicki Argento is in the process of working out an agreement whereby SBA will borrow enough money from Sub-Board I to completely pay Munger explained, terested in team teaching and I was allowed to sit in (on the planning of the Section 1 course)." He added, "I'm sure if anyone else had expressed in- meeting." Phones Revisited: You Want to Know by Krista Hughes After approximately two months of silence, ft appears that telephones in UB Law School student organizations may soon be ringing again. courses were similarly structured because Section 3 Legal Professions Professor Frank Munger had sat in on the planning of the Section 1 course during the summer. Calling the incident "an unfortunate oversight," Professor Dean Search Faculty Candidate Reasonableman Returns Letters . 2 2 5 8, 9 Black History Month- 10 Pine Lodge 15 �Is There a Potential Dean Candidate Right Here? by Krista Hughes According to Kyle Maldiner and Jim Hayden, student members of the Dean Search Committee, the first potential candidate for the office of permanent dean could be visiting the Law School within the next several weeks. The Dean Search Committee is currently considering three individuals, one of whom will be invited to partake in a screening interview with just the Committee. If the Committee finds that the individual has potential as a Dean candidate, it will invite him or her back for a second visit, this time including meetings with the rest of the faculty, the student body, and Central Administration. The Committee is keeping up with its commitment to exploring every possible avenue in its search for a dean for the Law School. While all of the potential candidates have at least "some connection" with the field of law, not all of them are currently administrators orteachers. At least one potential candidate is involved in the field of urban planning. In recruiting candidates from outside of the Law School the Committee has utilized several approaches, one of which was the placement of advertisements in various newspapers and journals. One such ad explains that "The Dean's primary role is to maintain the school's momentum toward distinction and leadership in legal education. Candidates should know and respect quality teaching and legal scholarship of all types, and should possess a deep commitment to improving legal education for a changing profession and society." Individuals with these qualifications are also being sought from within the Law School. Hayden and Maldiner remarked that faculty members of the Committee will be consulting with their colleagues to find out which of them,if any, would like a chance at being a dean candidate. Hayden and Maldiner indicated that the Committee's sentiment is that anyone on the faculty who wants to be considered for the deanship will be considered. However, there must also be a certain degree of "sensitivity" in the treatment of any potential in-house candi- dates, mainly due to the fact that there is more likely to be a sense of "hesitancy" on the part of any current faculty member who aspires to the office of dean. < Both Hayden and Maldiner agree that the search process is progressing smoothly, and that there is no evidence of the "fancy" downtown lawyers, who do not consider themselves fancy, "butting heads with teachers." Hayden remarks that he is "content with where we are now. We moved very well in December and January," but will "probably slow down in February" due to the necessity of doing additional research before extending any formal invitations. Maldiner agrees but does not foresee any major slowdowns, because there are "too many people [on the Committee who are] motivated by accomplishment." Candidate Cahn's Clinic Approach: Client-Oriented by John Bonazzi On Monday, Feb. 2,1987, law students were given the opportunity to meet with faculty candidate Naomi R. Cahn. There was a moderate turnout for this 45-minute meeting in the Faculty Lounge. Faculty candidate Naomi Cahn Cahn is a candidate for a clinical faculty position. She is presently in the LL.M. program in advocacy at Georgetown University Law Center, and expects to receive her degree this spring. She also is currently employed in a small law firm in the D.C. area, where she practices employment discrimination and family law. Cahn graduated from Princeton University in 1979 and then attended Columbia Law School. While at Columbia, she was both a Stone Merit Scholar and a Charles Evans Hughes Scholar. Her legal experience includes serving as a staff attorney with the Philadelphia Community Legal Services Corp. and as an at the Advocacy Fellow Georgetown University Legal Clinic. Cahn has gained teaching experience as a teaching fellow for civil procedure and property classes at Columbia Law School. She was also a fellow in the Georgetown University Law Center Clinic, where she taught a weekly seminar and supervised students. Cahn stated that clinical skills are important no matter what field students wish to pursue. Students can use the skills gained in their clinical experiences during their careers as lawyers. She defined the clinical experience as one that is heavily client-oriented, and said that being a lawyer is not applying rules so much as assisting a client in all phases of his or her case, including negotiation, discovery, interviewing, etc. In response to a question concerning her teaching interests, she replied that her main clinical interests are in the family, sex discrimination, and housing law areas. She also would like to teach seminars re- lated to those clinics, such as pregnancy discrimination and sexual harrassment in housing issues. Cahn showed that she didn't leave her sense of humor at home. As one student was leaving the meeting after asking about her interest in securities law and hearing that she had no such interest, she exclaimed: "You're leaving because I won't teach securities?!" Cahn appeared intrigued by the Buffalo Model and was pleasantly surprised to hear how much the students liked this school. She said that it was not her experience to hear of so many students actually liking the law school experience. SBA Questions Girth's New Policy Changes by Zulma A. Bodon There were three major items on the SBA agenda on Wednesday, Jan. 28: (1) Associate Dean Marjorie Girth's policy changes; (2) The GraduateStudent Association / Graduate Management Association split; and (3) Senior Week. As most of you know by now, Girth's new policy calls for her approval before a student can get an extension on a seminar paper. In the past, extension dates were agreed upon by the faculty member and the stu- dent; no further procedural steps were required. In addition, a conference is required before law school credits will be given for courses taken outside the law school. SBA President Brett Gilbert about expressed concern whether this policy change should have been discussed at the level of the Academic Policy and Program Committee (APPC). Gilbert raised two important questions: (1) Does Girth have the power to change policy without going through the APPC? and (2) what are the reasons behind the changes in policy? SBA representatives John Williams and Diana Harris, both members of the APPC, pointed out that the Committee has not met this year and that they do not know of any scheduled meetings for the near future. SBA plans to follow-up on this issue. Representative Jack Luzier agreed to draft a memo to be sent to Dean Wade Newhouse and Girth. The memo will request further information on the new policy changes. More specifically, it will address the question of whether there is any formal jus- 2 The Opinion tification for the changes and whether they could have been channeled through the APPC. The controversy regarding the GMA/GSA split was introduced by Sub-Board Representative Marc Potolsky in an attempt to get guidance from the SBA as to how he should vote on the proposed division. The GMA has been functioning within the umbrella of the GSA. GMA wants to secede from the GSA and form its own student government. The GMA representative, Kristine Barczak, explained that the particular needs of management students have not been adequately represented by the GSA. The management students, she said, believe that they can be a more effective organization if they become independent. They feel that their student body is suffi- ciently large (900 students) to deserve autonomous recognition. very much involved in this controversy. The GSA maintains the administration is simply trying to interfere with the decision-making process of their group by setting up the rules under which an organization can achieve independence. The real danger, Bartochowiski explained, is that fragmentation tends to diminish the political strength of the GSA and of all other organizations. The SBA disagreed with the GSA position. By a vote of 10-1-1, they gave their support to GMA's effort to become an au- change policy without going through the appct by Susan Clerc Larry Basel has decided to run for re-election to the SBA directorship he lost early last month. An election meant to replace Basel and former second year director Nancy Steigerwill be held tomorrow and Friday, Basel and Steiger lost their SBA posts when each missed four consecutive meetings last semester. Running for re-election is his "only recourse" to his dismissal, said .Basel. Although he "knew about the clause" in the SBA constitution that requires removal from office because of repeated absences, Basel said that he did not expect to be dropped because the clause has "never been strictly enforced." Basel said that he was surThe GSA position, on the other hand, is that the split would establish a dangerous precedent. Oscar Bartochowiski, representing GSA, argued that the administration February 11,1987 has been flects the SBA's overall sentiment that a group which repre- sents a substantial number of people should have the right to govern its own affairs. As to the argument that the division would dilute the political power of the GSA, the SBA argued that by establishing good channels of communication and cooperation, both groups (and others) can unite whenever the need arises to take a stand against an issue of mutual concern. Senior Week is tentatively scheduled for May 8 through the 15. Julie Bargnesi, who has coordinated similar activites as an undergraduate student, will be the chairperson of the Senior Week. Bargnesi explained that the goal is to have a different event every day, and that each event will be organized by a different chairperson. Senior Week will be open to the entire law school community. Some ideas for events include: Miss Buffalo Cruise, luau, miniature golf party, barbecue and family night. Plans for financing these events are still.under consideration. Ousted SBA Rep Runs Again Feb. 12-13. "Does Girth have the power to tonomous entity. The vote re- prised when he received notice that he was being removed: "I wasn't aware of the fact that I'd missed If I'd been aware I'd missed three consecutive meetings, I would have arranged something" to stay in good standing. him because the procedure is "automatic" under the SBA Basel was also surprised because he told SBA President Brett Gilbert and other members of the board as soon as he became aware of the conflict between his schedule and the time set for SBA meetings. "[l] assumed there wasn't going to be a major problem because they were apprised of the situation [and I was told that] no official action would be taken," said Basel. constitution. Gilbert confirmed that the officers were aware of the prob- lem. Meeting times are arranged after elections, so there is no way for candidates to know whether they will have trouble fulfilling their commitment to SBA. A day and time are picked when "most people can make it," said Gilbert. "Last semester Larry happened to be odd man out." However, although they were aware of the time conflict for Basel, the board had to oust The constitution apparently lacks an appeal process and Basel must run for re-election to regain his position as third year director. Gilbert said he encouraged Basel to try for re-election because "he's a good planner and a senior. There's a lot of planning coming up for Senior Week and it would be nice to have some seniors involved." Basel said that he won't have a conflict with meeting times if he is re-elected. His absences last semester were a result of "desparately seeking employment" and working on a paper. Basel's chances of winning back his office are good; few petitions for candicacy have been picked up at the SBA office. If Basel's petition is the only one filed for third year director, no election will be held and Basel will win by default. �AS a first ■If* !■*•• YEAR LAW h HI fl STUDENT, DO fl| YOU ENROLL IN flf « A BAR REVIEW flf ■I H COURSE ON flf illll illP r |||||p y%y/% "HFARQAV"? rILMnoMY OF COURSE NOT... YOU INVESTIGATE THOROUGHLY. f|||p %§§P |jf lOIEPHION iv Mi.IIWER |jf yyyyy/ legal educational centers Z/yVTx BAR REVIEW COURSE AND MORE |fj SUNY at BUFFALO February 11,1987 The Opinion 3 �Harrow-ing Experience at English Boys' School Has Socialism Eton Away the British Empire — Tom Brown's Schooldays Revisited: A law student's account of "alienation" as presented to the Law and Marxism seminar class. by Henry Dickson At ages fifteen and thirteen respectively, on a blustery, bitter-cold day early in January, my elder brother Paul and I were packed off to Eastbourne College, an all-boys boarding school in a prim and proper re- sort town on the Sussex coast. There, ostensibly, we were to obtain a good education at one of Britain's so-called "public" schools, a preposterous appellation, since there is in fact nothing "public" about them, hard cash, not achievement, being the principal criterion for admission. Eton, Harrow, Winchester, Rugby, Westminister, Charterhouse the eldest, Eton, dating back more than — — five hundred years these schools were once the very stuff of Empire, many a prime minister having carved his name on Eton's oak desks, or taken his supper out of thecommunal trough at Winchester, where, until the early 'seventies, one's food was poured into scoops which had been carved out of the tables, like so many little craters, at which the junior boys sat for meals. Eastbourne, at a mere one hundred years old, had no prime ministers to its credit, but like its more venerable counterparts, it, too, had its own peculiar mores and traditions, to which it clung fiercely, the fact of its being a "minor" public school having no bearing on the extent to which it contrived to dehumanize its students. Then, as now, there was a nasty little secret among the English upper-middle classes or those who aspired to consider themselves such that one of the enduring benefits of such an education, if you could afford it, was that it got the kids out of the way for roughly eight months out of every twelve, freeing one's parents to do whatever it was that one's parents did when their children weren't around to make life difficult this bonus, of course, being secondary to the schools' main mission to separate the sons and daughters of the well-to-do from the common rabble, a separation upon which the very fabric of the British way of life has vitally depended from time immemorial: for our purposes, 1440, when Henry VI founded Eton. The desire to be away from one's children wasn't true of all parents, of course; but of many, mine included, it was; Numbers of children started out as board- — — .. — ers at "preparatory" school — "public the precursor to school at the tender age of six. Paul and I hadn't begunthat early, not on account of any undue reluctance on our parents' side, to be parted from their offspring, but by virtue, chiefly, of my father's financial problems. Nevertheless, Eastbourne was to be, for both of us, our second boarding school, the combination of getting shot of us, on the one hand, and a hefty tax deduction on the other, having proved once again to be quite irresistible. Having thus subdued their baser, parsimonious instincts, — 4 the parents loaded us and our baggage into the family car, and we headed down to the Sussex coast. Throughout the journey, we sat anxious yet resigned as our parents explained naturally without being so gauche as to mention any figures how much this venture was going to cost them, and how much it mattered, therefore, that we towed the line, tried hard, and did well. We — — was a nasty little name of Perrens, a former English upper-middle classes — or those who aspired to consider themselves such..." looked like a couple of cherubs, dressed in our serge, navy-blue suits, dark ties, stiff white shirts (complete with the obligatory detachable collar, which meant that one could save on laundry by changing the collar more frequently than the shirt), and black, lace-up shoes (roundtoed), this solemn, unmistakably funeral attire being the regulation "Sunday best," purchased the previous week from Harrods of Knightsbridge, the official school outfitters. Strict adherence to the school's dress code, down to the last cufflink, was a matter of the utmost importance, the slightest deviation from the official uniform being looked upon as a sign of anarchy, at odds with the dictates of good order, discipline, and "school spirit," without which our sceptered isle and her rapidly diminishing far-flung dominions would collapse overnight, every school regarding itself as the last bastion of Empire, a buffer between civilization and a return to the jungle, otherwise as to "socialism." To forestall such anarchy, parents were politely but firmly admonished that any articles of clothing or other belongings not conforming to the school's precise and painstakingly detailed requirements would be returned forthwith — by Parcel Post at the parents' expense. Needless to add, this was not an expense that my parents ever incurred On our arrival, we were ushered into the housemaster's study, where we were as the British quaintly put it to "take tea," the usual concoction of buttered scones and thinly sliced cucumber sandwiches, of which I pretended to partake as best I could out of a by-now deeply inculcated sense of — — propriety. As with all the public schools, Eastbourne College was sectioned off into various "houses" which were scattered about town, gaunt, red-bricked Victorian buildings, each with its own housemaster and house tutor, each having its own folklore, and the incumbents of each being immediately distin- The Opinion February 11, 1987 ganizational units, but they also served as the predicate to all kinds of inter-house activites of The housemaster was a squat but affable-looking man by the secret among the referred more or less self-contained or- an insanely competitive nature, ranging from rugby football games and cross-country runs, to debating contests and singing competitions. "Then, as now. there politely guishable from those of companion houses by the color of the "house tie," worn on every day of the week except Sundays, when the same tie was worn by all. "House spirit" being fostered almost as zealously as "school spirit" (save on Sundays, when the Lord's spirit prevailed), the houses not only functioned as discrete, Squadron Leader in the Royal Air Force, heavily decorated, the rumor had it, for flying' a under Spitfire backwards enemy fire from Dresden to Cologne during the Second World War. And was I ready to begin school tomorrow, he wanted to know, to which I lied that I was, only to get a horrified look from my mother, which look, I later learned, derived from my failure to refer to the good master by his proper title "Sir." Tea finally over it lasted an and the parents deeternity parted into the night, Paul and I went our separate ways. Although we did not realize it at the time, there was an unwritten rule (as all the most oppressive rules in such institutions tend to be) that boys of different ages, and hence in different "forms," did not associate with each other any more than was absolutely necessary, even when they happened to be brothers. Paul had been assigned to a room popularly known as "The Elephant House," whereas, I, the younger, had been assigned to the rather more prosaicallynamed "Preproom," a vast barn of a place with fluorescent lights suspended on chains from a cavernous ceiling, a long, dilapidated table in the middle, and wooden cubicles around the edges, consisting of a shelf, a desk, and a chair. Draped across the openings of these rather roughshod studycarrels were brightly colored curtains, which at once afforded the only vestige of privacy, and the only expression of individual taste, that the system in its infinite wisdom saw fit to allow to the as yet unmolded members of the first form. It was coming out of the preproom, some half hour later, that I first encountered the prefect, Steven Proddow. Prefects were the senior, sixth-form boys or at least those among them who had demonstrated sufficient quantities of "leadership," "responsibility" and sadism to be so appointed and to a first-former such as myself, they seemed to wield almost plenipotentiary powers. Rare it was, for example, that a master ever administered corporal punishment, this unseemly task being delegated almost entirely to the prefects, any one of whom had carte blanche to beat the living daylights out of you on the merest whim. Eastbourne being a "progressive" school, as public — — — — — schools went, it did not permit its prefects to use the cane, restricting them rather to the use of the "slipper," usually a gym shoe, with which many a prefect, with consummate skill, was nonetheless able to inflict the most excruciating pain, doubtless the upshot of many hours of private practice, using pillows as facsimiles offirst-formers' backsides. Some prefects, moreover, had contrived to acquire canes of theirown usually from the bamboo bushes that grew in the back and these were used with gay abandon, none of the younger boys ever daring to complain, — — (ratting, in the British public school system, being the ultimate treason, and for this reason strongly discouraged by masters and prefects alike.) Although not yet eighteen, Proddow towered over me like a colossus. Already he had the beginnings of a beer gut, and was universally known for being mean. As I was about to turn the corner into the common room for a quiet read, he let forth at me at the top of his lungs. "YOU, BOY, WHAT'S YOUR NAME?" "Dickson, Sir," I replied my trembling, recollecting mother's withering look an hour or so earlier. Proddow sniggered, malevolently. "Yes little scum," he screamed, "yew don't call me 'Sir,' is that clear? Yew call me Proddow, got it?" "... the second time I passed & therefore assumed the obvious distinction of becoming a fullyfledged Jag' ..." "Yes Sir, I mean, Proddow," "May I go now?" Proddow looked as if he were about to explode. "No, yew may not go, yew ikey little bastard." By this time, another prefect had joined him in the corridor, doubtless lured by the promise of impending blood. Proddow leant towards my ear, as if to whisper something confidential, then screamed "BUTTON UP THAT JACKET!" Having enjoyed the abject ter- I assented. ror he'd instilled, Proddow thereafter warned me that I'd better learn the rules if I wanted to keep my head attached to my shoulders, the rule in this case Qj again an unwritten tnat first formers must keep their jackets with just the being one — middle button done up, and only third formers and above being allowed the enviable luxury of being able to parade about the place with all three buttons undone. There was still in force at that time, at virtually all the public schools, a time-honored system of what amounted to institutionalized slavery, commonly known as "fagging." Paul of course escaped, since he was too old, and had already put in his time at a previous school, but escape I did not. First, there was the mandatory "fag's test," a nasty little hazing procedure in which one had to recite, from memory, such arcana as the masters' nicknames (and they all had one) before a roomful of prefects. I failed the first time round, and was grounded as a result, but the second time I passed and thereafter assumed the dubious distinction of becoming a fullyfledged "fag," which meant that I was then assigned to a prefect, to clean his study, polish his shoes, fetch "tuck" from the tuck-shop, and so forth. I was landed with someone called Perkins, a vicious, blonde haired, mealy-mouthed individual with acne vulgaris, who happened to share a study with Proddow. Within two weeks, I had been taken out to the bicycle sheds and flogged soundly for omitting to empty Perkin's teapot. Shortly thereafter, the prefects had a private conference, at which they decided to institute an especially pernicious system known as "tick fagging," on the extremely doubtful premise that many of the fags were having it too easy, and that it was time to teach us a lesson. A "tick" being the English a equivalent of checkmark, the system worked as follows: every break-time, between classes, we were supposed to hang around in the preproom, waiting for a prefect to yell "FAAAAAAG!" The first one there would get the errand, and, depending on such variables as one's demeanor and attitude, one's degree of obsequiousness, the cleanliness of one's shoes, and so on, one would thereafter be rewarded with so many "ticks." Provided you managed to amass thirtyfive ticks in a week, you were okay, since that meant that they weren't going to take you out to the bicycle sheds and ceremoniously beat the shit out of you for being, as they put it so poetically,an "indolentswine." After the first day or two of this novel approach to the business of education, I began to hang out in the washrooms, (continued on page 7) 4l» Scveath Averac. Mte 62 New Voffc. New York 10001 (III) VH-tm (101)«J-M4J__ �Cuomo to Place SUNY-CUNY Among the Top 20 by Mario M. Cuomo New York has long been known for the quality of its universities and colleges. Each year we attract tens of thou- sands of students from other states and countries who wish to take advantage of the opportunities provided here and who wish to contribute to our strength in the process. Leading universities in the independent sector, such as Columbia and Cornell, are regularly listed among the top 10 recipients of federal research and develop- ment funds, with the University of Rochester and NewYork University following not far behind. New York's educational institu-tions are nationally respected, and they serve as centers for economic development across our state. We must continue to support and enhance these efforts. It is now time to give our public institutions of higher education that extra margin of support which can allow them to enter the front ranks as well. One quick look at our sister Governor Mario Cuomo. state, California, drives the point home dramatically. In addition to the high rank of Stanford University, there were five units of the University of California among the top 20 public and private universities ranked by total research expen- ditures. Neither our State Uni- ments that will in no way diminish the quality and strength of the leading universities in the independent sector. Our competition is on the national and international level, both for federal and corporate support. I am particularly heartened by the cooperation that has occurred versity nor the City University yet has one campus in the top 50. between SUNY, CUNY and our As systems, the State and NYSERnet, the New York State Education and Research Network, the new National Center City Universities are relative newcomers to national research competition. For most of the last century, many of the institutions that now comprise SUNY were the trainers of outstanding teachers for our schools, and the City University's undergraduate preparation of high quality students without regard to their financial ability was and remains legendary. But for a wide variety of reasons, our public institutions were effectively barred from graduate education and its related research endeavors. This year, we will work for improvements in the ability of the State University and City University to excel in graduate education and research, improve- Financially Speaking— York students are the maintenance of SUNY and CUNY tuition at affordable levels and our support of the Tuition Assistance Program, which now exceeds $400 million and is the premier state-financed student aid program in the nation. In sharp contrast to repeated leading independent research universities on such projects as efforts of the federal administration to slash funds available for student grants and loans, TAP has increased by almost $100 million in the past four years. In the face of rising college costs that threaten the ability of low and middle income students to attend any institution of higher education, let for Earthquake Engineering Research at SUNY Buffalo and the Center for Theory and Simulation in Science and Engineering at Cornell. Nor should our long-term goal of bringing at least two campuses into the top 20 public sector recipients of federal funds in any way diminish our commitment to see that they maintain their special role as public institutions by promot- ing the widest possible access to higher education, both at the undergraduate and graduate levels. alone the institution of their choice, we shall further restruc- ture TAP program awards, including adjustment of TAP in- come classifications for 1988-89 required as a consequence of the new federal tax legislation. Additionally, our Scholar- ships of Excellence Program will continue to recognize and encourage talented New York students to pursue their education at public and independent colleges and universities in New York State. The main ingredients for ensuring full opportunity for New by Kathy Peterangelo Johnson How to Tell If You Are Financially Independent Every year around this time, most frequently asked question I encounter is "How do I get myself to be independent?" Well, this year a new definition of independency has been developed which will make things a lot easier for you to establish yourself as independent for purposes of finanthe cial aid. What's the difference between independent and dependent students? The FAF (Financial Aid Form) calculates a Family Contribution (FC) which the school uses in determining your eligibility for NDSL, CWS, Summer CWS and the GSL. The FC is based upon asset, income, and family information as reported on the FAF. If you are dependent, the FC is made up of a parent contribution and student contribution. If you are independent, your "family" includes yourself (spouse and other dependents on you). It does not include your parents' information. So, if you are independent, you will be lower in most cases, thereby increasing your eligibility forfinancial aid. I'm sure that all of you remember answering 'yes' or 'no' to those three infamous questions pertaining to parental support, living with your parents for more than six weeks during the year, and being claimed as an exemption on their tax return. Answering just one question in the affirmative meant that you had to include parental information when filing the FAF because you were considered dependent. Section Con the FAF for 1987- --88 establishes your student status on the form. If you are 24-years-old (born before January 1,1 964), you are considered independent even if you are claimed by yourparents on their taxes or live with them or receive support from them. Once you've checked that you are 24, you can skip the rest of the student status questions and begin to complete the grey independent questions on the FAF. Independency can also be automatically established if you are a U.S. veteran, an orphan or ward of the court, or if you have legal dependents on you tions in the tan areas once you are considered as independent. However, if you wish to be considered for a partial tuition waiver called G-Mold, parent information must be included for both independent and dependent students. If you are independent and wish to be considered for G-Mold, please realize that the parent information will only be used to assess your eligibility for that program alone. TAP has a different definition of independency. Therefore, it is entirely possible may be classified as an inde(continued on page 7) other than a spouse (for exam- ple, a single parent). If none of these categories apply to you, you can still be considered as an independent student if you certify that you will not be claimed on your parents' 1987 tax return (not the one being filed now, but the one that will be filed in 1988!). Once your independency has been established on the FAF, you will answer all questions in white and grey. If you are dependent, you will complete the questions listed in the tan and white sections. NOTE: You are not required to answer any sec- Kathy Peterangelo Johnson. REASONABLEMAN !H LATER... maatmm* WStmf HHil/ if Mr f \ WHERE could \ \\ Zs?T?*i!::i \i ) ) siAvllnvS) II jfflf/ WAtf! WE INTERRUPT TVIS COMIC STRIP FOP. 4 SPECIAL "RMsonableman* futile! can you spot the u.b. professor. HIDDEN AMONG WE M™ CENTURY POLITICAL PHILOSOPHERS'? Find the Freeman! m ■*? W&m WOA lfSS§4 %s^ February 11, 1987 The Opinion 5 �IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. / So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 lllii, PIEPER NEW YORK-MULTISTATE <* BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN 6 The Opinion i February 11,1987 MARIA LOTEMPIO AMY MURPHY DONNA SIWEK AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE �Phones . . . continued from page I ed to intervene on behalf of SBA but found that the Telecommunications Office would not "budge" until they received SBA's check for the additional $500. While Apa was extremely sympathetic to SBA's predicament, he was unable to con- vince the Telecommunications Office to turn the phones back on. Apa was even considering enlisting the aid of Edward Doty, ÜB's vice president for fi- nance and management. Apa said that all of ÜB's student organizations had problems due to a year lag in telephone billing. However, he does not understand "why Telecommunications is being so unreasonable with SBA." Because of Governor Mario Cuomo's 1984 order that all New York State agencies pur- equipment bills in June of 1986, suddenly found itself owing the Telecommunications Office $6,600. Due to a tight budget situation, SBA did not have enough funds available to pay the entire bill. Argento hoped that the payment of over chase their own phones, the and telephone company stopped billing those customers for equipment. The Telecommunications Office suddenly found itself, at the beginning of 1986, owing for the cost of phones. It was subsequently forced to create its own bills for equipment and bill them all at once. half of the bill would encourage Telecommunications to turn the phones back on again. Apa thought that those payments SBA was deluged with 1985 "should at least demonstrate good faith" on the part of SBA, and an intention to pay the rest of the money. As long as the acting president of Sub-Board approves the proposed loan arrangement, SBA will soon have the $3,100 necessary to pay off the rest of the telephone bills. Argento estimated that phone service could be reinstated sometime the week of Feb. 16. Survival continued from page 4 which were a few yards closer to the prefects' studies than was the preproom. One breaktime, the cry went up, and I got there first, a rare achievement for someone for whom running of any kind, and for any reason, tended to be anathema. My summoner was Proddow, standing stark-naked in the shower, a disgusting sight if ever there was one, holding out a bone china cup in one hand, and a teaspoon in the other, its handle extended directly towards me. Sitting on the benches nearby were half a dozen prefects, who began to cough and splutter. "Yes, Proddow?" I grovelled. He looked at me with unspeakable disdain, than hissed at me, like a snake, spitting out his words with impeccable diction: "Stir my tea, yew ikey little bastard." No sooner had I left than the shower-room cracked up in fits of uncontrollable laughter. After a few weeks, the tick system stopped abruptly, one of the boys having alerted his obviously sympathetic parents as to what was going on. Fagging, however, continued, although by the time I became a prefect it was on the way out, boys in the sixth form beginning to address boys in the first form by their first names, and sometimes vice versa as well. Times were changing, although many believed that the change was for the worst, a symptom of creeping socialism. Even now, there are those who insist my mother among them that the old system was good. And why? Because — — CLS The obvious solution for this problem is to infuse the faculty of this or any law school with more women and more minor- "social responsibility." In connection with the students' desire for more practical courses is their professed need for career guidance. Mary Joe Frug responded that "you are probably getting career guidance, but you don't like what you are getting." The "guidance" she spoke of is guidance from the perspective of the ities. Duncan Kennedy's proposal isfor student organizations to use some "muscle" to "increase the quantum of affirmative action." The specific program he endorses is that"all the new hires, for however long is necessary, should be the hires of the best qualified minority and women candidates that we can find, until women and minorities constitute a reasonable and very substantial proportion of all the people on the übiquitous middle-aged subur- ban white male. Non-whites and non-males generally find that such a perspective is neither appropriate faculty." Kennedy is passionate about the issue of affirmative action, which he sees as "a deep, difficult, tough issue." Commitment by law schools to " 'the way it's been done' has produced a system in which women and minorities don't have a real voice," and this has greatly hurt the quality of legal education. He said that "what we white males would lose [by encouraging more women and minori- pendent on the FAF while being considered as dependent on the TAP application (which, by the way won't be available until May). Lastly, no matter what your student status is, you must file the FAF to be considered for NDSL, CWS, Summer CWS, and the GuaranteedStudent Loan. The FAF can be obtained in my office, or at eitherFinancial Aid Office. If you wish to be considered for NDSL, CWS or Summer CWS you should mail in ties in the legal profession] is grossly exaggerated." Kennedy essentially summed up the CLS attitude toward changing the status quo, because in instituting such change it would be "amazingly easy to deliver as good or substantially bettejr legal education." Like To Write? Like To Meet People? Like To Take Pictures? and Perkins tomorrow, I should be sorely tempted to spit in their eye, just for old time's sake, were it not for the fact that they didn't create the system any more than I did. Of course, the same may be said of Hitler's Germany, but there's another reason, too, for my reticence. Proddow and Perkins both are probably still a good bit bigger than I am, and they might spit back. I Financially Speaking . . . . continued from page I each other. It is only with this kind of basic educational structure, suggests Kennedy, that future lawyers may develop their nor desirable. we survived, I survived, to tell about it. But as one who went through it, it is hard to conceive of another system which could have done as much to degrade and dehumanize children, to destroy theirspirits, and at such an impressionable age, as did the venerable system of "fagging" at the British public school. "Only hate can flourish in an atmosphere of fear," says A.S. Neill of Summerhill fame, and I'm inclined to think that he's right. I also think that were I to bump into Messrs. Proddow continued from page 5 your FAF no later than February 16, 1987. There will be a more detailed letter placed in all first and second year mailboxes explaining the application procedure for financial aid for next year. Since 90 percent of you receive some type of financial assistance, I encourage you to read this letter carefully. And, as always, please stop by if you have any questions pertaining to financial aid either for this year or for next. jKwfcP^^S' Then We'd Like To Have You On Our Staff Come Work For The Opinion This Semester D Writers D Photographers D Cartoonists s£m A SECRET VALENTINE IZ | fav/Vhrf f MESSAGE w COOKIE || '•v To keep your secret, we will deliver y9? *y P | onmno w V upon request within the Law School For details, stop hy front of Law Library Feb. 11. 1 y 3 L_\u «s *«•*«•,**« ttEEtt 2. 13 February 11,1987 The Opinion 7 �OPINION SIS" STATF UNIVERSITY OF YEW" TORK AT BUFFALO SCHOOLCF LAW February 11, 1987 Volume 27, No. 9 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: IdelleAbrams Features Editor: Kevin O'Shaughnessy Business Manager: MelindaK. Schneider Photo Editor: Paul Hammond Layout Editor: Susan Clerc Contributing Editor: Zulma A. Bodon John Bonazzi, Diane Dean, Brett Gilbert, Kathy Peterangelo Johnson, Shelley Rene Rice, Lisa Strain Contributors: Henry Dickson, Michael Kulla, Moira Maloney Peter Strong, Michael Gelen Staff: c Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academicyear. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. The Opinion Mailbox The Increase in Activity Fee: It's a Small Price to Pay diversity of student services As most of us know, there will be a student referendum on February 12 and 13 concerning a proposed $5 increase in the Law School student activity fee. The SBA Board of Directors voted to limit the participants in the referendum to first and second year students since they will be the people who will pay the extra amount should the referendum pass. This letter seeks to stake out why many of us believe the proposed activity fee increase is justified. The SBA has recently been deluged with a number of bills which had their origins in years Telecommunications Office screwed up our entire \past. ÜB's budget when it started billing us for charges they claimed Editorial Where's the Due Process? — Due Process the right to fair notice and the opportunity to be heard; a concept which we as law students are introduced to from day 1 and whose importance is constantly emphasized. It's also a concept that seems to have little meaning at this University outside of the Law School. Take the following as primary examples. First there was the parking lot appropriation by the University. With no prior notice, the University suddenly designated two substantial tracts of land once available to all on a first-come, firstserve basis as "faculty only." Student protests fell upon deaf ears, though the University claims it is still "studying" the prob- — — lem. Then there was the attempt by the University to appropriate library space at the Undergraduate Library for a new college; the result being a greater influx of students into other University libraries, in particular, the Law Library, where space is already at a premium. Again, little notice was given before the administrative wheels began to turn in another steamroller maneuver. Fortunately, there were those from within the library administration, like Law Library Director Ellen Gibson, who were able to point out the significant repercussions of the University's attempted undertaking. The proposal has since been tabled. Most recently, there has been the phone fiasco, which has forced all Law School student organizations to go without phone service since Dec. 15, 1986. The UB Telecommunications Office said the Student Bar Association failed to pay $6,600 in overdue bills and equipment charges. Fine. No pay, no say. But the Telecommunications Office failed to give any prior notice to the various organizations that phone service was being terminated. Furthermore, it failed to give SBA adequate notice that such an enormous bill was outstanding. On May 19, 1986, SBA received what amounted to a year-old phone bill for nearly $300. Two days later, SBA got socked for another $900 which again, apparently accrued in 1985. Less than a month later, SBA received another 1985phone bill. Shortly thereafter, on June 11, 1986, SBA started receiving bills for 1986. When it rains, it pours. And in this case SBA was deluged with $6,600 in bills with no prior warning and with little initial explanation. Even Noah got some prior warning before the Great Flood hit. SBA Treasurer Vicki Argento arranged to forward a check for $3,400 to the Telecommunications Office via Sub-Board on Dec. 18. But this wasn't enough to prevent the phones from being disconnected on Dec. 15. Once the check cleared, the Telecommunications Office refused to reconnect the phones until an additional $500 was forwarded by SBA. Again, there's nothing like a little notice, especially after your right to be heard has been squelched. Argento said a deal has been negotiated with Sub-Board whereby it will loan SBA the necessary funds to pay off the outstanding balance due to the Telecommunications Office. If we're lucky, according to Argento, phone service may be reconnected by Feb. 16. So much for Due Process. Anybody got a quarter so we can call an attorney? we owed them from years ago; a yearbook bill which was supposed to be paid last year had to be paid this year; last year's commencement committee overspent their budget and we had to pay their bills this year. As a result of all of this, our off-theemergency books account (which Sub-Board requires us to have) has been all but depleted. This account simply must be repopulated. A small increase in the activity fee will achieve this. Every year, new organizations and projects seek SBA funding. Since the activity fee has not been increased for a number of years, more and more projects have been funded while our income has remained the same. This inevitably leads to a decrease in the within our Law School. We believe that maintaining a diversity of student groups enriches student life and that this is worth paying a little more each semester. Our Law School prides itself for having students of varied backgrounds. One group of students deserves special mention those law students with children. Law school can be difficult enough without having to deal with a three-year-old, day in and day out. The SBA should support these students by actively contributing to the University's Child Care Center, — especially since the University administration contributes nothing except a room. However, the current SBA budget is unable to adequately help the Center. With an increase in the activity fee, a reasonable contribution from SBA would be possible. Each semester, an increasing number of students seek to attend national legal conferences. The participation of these students at such functions helps increase the visibility of our Law School amongst the legal community. Surely, this is a benefit to us all. Currently, the SBA can only fund a small number of students for only a fraction of theirtravel expenses. We believe that an increase in the support SBA can give students in this area will help increase the overall prestige of the Law School. The money SBA has spent for remained constant for some time now. Since students pay for a large portion of their graduation ceremony, an increase in the activity fee will mean better graduations in years to come. Graduation will probably be the last event you will remember from this place; we should be able to throw a great party. Finally, there are all the little things. The film series we would have loved to have had this year; one or two speakers throughout the year; better SBA parties; more furniture for the student lounge. We could do so much with just a little bit of an increase in the activity fee. Our activity fee is one of the lowest (if not the lowest) in the state. Most schools have an activity fee two to two and onehalf times that which we have. The SBABoard of Directors has called for a $5 per semester increase in the activity fee (it is currently $20.50 per semester) because they believe this small increase will greatly improve student life here in O'Brian Hall. We urge you to support the referendum on February 12 and 13. In any case, please vote. Whatever the decision, it should be made by all of us. Brett Gilbert President, SBA Jack Luzier Vice-President, SBA Vicki Argento Treasurer, SBA Karen Buckley Secretary, SBA commencement each year has King Responds to Attack on BLSA's Speaker Policies This letter is written in response to a letter published by the Opinion written by Spencer Feldman, entitled "BLSA Endorsement Question," dated December 3, 1986. to addressing the rhetoric in his letter, it must first Prior be made clear his facts were completely wrong. The Black Law Student Association never given funds to bring Minister Louis Farrakhan to Buffalo. (Check SBA records.) Also, his accusation thatBLSA is anti-Semitic is a racist statement. Jews are not the only Semitic people. Certain Moslem sects, Afro-Asians, and other people from the Middle East region are Semitic; to think otherwise would involve a racist mentality. BLSA does not have sentiments against Jews or other people characterized as Semitic. Initially, Mr. Feldman seemed upset that BLSA would endorse (BLSA) has the presentation of Ms. Adrian Wing, a member of the National Black Lawyer's Conference. I am curious as to why? Is it because she presented facts that make it clear that Israel remains South Africa's number one supplier of arms and also one ofSouth Africa's largest trading partners? Or is it because she carefully analogized the treatment of Palestinians in Israeli occupied territory as to that of Blacks living in SouthAfrica? Of course, he could not possibly know the answers to these questions because he did not attend Ms. Wing's lecture. Mr. Feldman suggested that BLSA not hide behind the First Amendment (freedom of speech, association, etc...) to defend its endorsement. His assumption we would hide behind anything is gravely misplaced. What BLSA does or attempts to do is eradicate exploitation of Black people, both here and abroad. If Black people are going to be free, we have to control our own organizations, control our own artists, control the wealth that's in our community, and whoever is exploiting our ineffectiveness in this area right now. We have to stop this. If this means we have to go against Jewsthat are exploiting us, some other whites that are exploiting us, Arabs that are exploiting us, Koreans that are exploiting us, and some Blacks that are exploiting us, we must do it if we are to be free as a people. Finally, what I suggest Mr. Feldman is that you no longer hide behind the ambiguous response of anti-Semitism when someone is being critical of youractions (not your race), and be prepared to promote the facts. Sincerely, Garry King Yearbook Needs Your Help Yes, it looks like UB Law School will have a yearbook again this year. But the quality, to a certain extent, will depend on the creativity and diligence of all of us. We need as many candids and general photos as we can possibly get. This means any photos you have that may re- Pageeight The Opinion February 11,1987 late to this school and its members is very welcome and highly appreciated. This particularly includes first and second year contributions. This is your yearbook too!! You can leave these with me (Jack Luzier, box #710) or Bernadette Davida (box #625) in an envelope. Please leave a name and number on theback ofeach photo if you want them returned. Finally, we can still use your time and help to do this right. Please drop a note if you are willing to help out; the more the better, and the merrier. Thanks. Jack Luzier SBA Vice President �The Boy Mechanic by Kevin O'Shaughnessy Grey Suits and Pinky Rings As I walked down Main Street, a smiling man in a shiny, grey, pinstriped suit came out of the Trico windshield wiper plant. His black totes walked him past the long line of beat up station wagons, family sedans and pick-up trucks. The smiling man nodded at me as he climbed into his new Chevy Blazer. This cheery, welldressed man seemed out of place standing near the dull browns and greys of the Trico building. I was on my way to the Central Park Grill (CPG's) to write a bar review and to examine a phenomenon known as the "Trico Lunch." The Trico plant stands approximately 30 yards from the bar, and every day the first, second and third shifts lunch there (at 12 12:30 p.m., 8:30 9 p.m. and 4 4:30 a.m. - - respectively). - When I entered the bar, the CPG's staff was busy preparing for the first lunch shift of the day. Certain tables and bar stools were reserved for longtime patrons. Whiskey shots and draft beers awaited the noontime onslaught generally consisting of 20 to 40 workers. The lunch crowd piled in to the theme music of the Eyewitness News at Noon. Flannels, denimsand leathers dominated the scene. The lunch time orders sent both cook and bartender scurrying behind the bar. Amid the lunch time blur, I noticed two men wearing pinky rings seated at the bar. They stood out because, like me, they were in no hurry to go anywhere. I found out later they were Trico union leaders. Sadly, this midday ritual is on the verge of becoming extinct. Trico has already closed two of its five Buffalo plants and has begun to move its operations to the Texas/Mexico border. A dark humor pervades CPG's during these lunches. "A lot of guys joke around about it (the move) by speaking inSpanish," said CPG's bartender and third year UB law student Elaine CPG's: a sixties bar that doesn't die. Pers. .. Trico "I blame the top brass andthe union the union got too much in incentives," declared retiredTrico employee Al Ross. "I worked there for 31 years before I was forced out in July of '85 because I was 70-years- .. old ,".he explained. Al used to bartend at CPG's during the early fifties when current owner Bob Brown's parents ran the bar (Bob's Aunt Marion still lives upstairs). Since his retirement, Al comes everyday to help clean up CPG's after the midday rush. "I figure the place (the Main Street Trico plant) will be cleared out by August.... they've already started moving the machinery out," he noted. "Ifthey save any jobs in Buffalo it will probably be at the main office (on ... Commentary Washington and Goodell Streets)." Although the Trico/CPG's relationship appears to be near an end, the bar is likely to survive the plant closing. An advertisement for a nearby gourmet-catering service, Take Out Marilyn, described CPG's as a "sixties bar that doesn't die." Monday nights "Jazz Jam," Wednesday nights "Shakin' Smith," and Saturday nights 10-cent wings and three dollar beer pitchers will insure the bar's existence. But the mix between student and worker will be lost. That mix makes both CPG's and the city of Buffalo interesting places. It's a shame thatthe two cannot outlast the grey suits and the pinky rings. by Shelley Rene Rice One Student's Perspective on Property Rights by Shelley Rene Rice My background, experience, and awareness of my cultural history affect the way I perceive things, events, people, and conversations. My brown eyes see images and my ears hear soundswhich have no meaning until my mind processes them through my reference material and data based on my experiences and my cultural identity, which are unique. During class lectures some students hear a discussion about Pierson v. Post, an 1805 case about foxes and hunters, or Hammonds v. Kentucky Central Natural Gas Co., a case about natural resources and gas companies. They hear the origins of property as an abstract concept, a purely metaphysical concept, as nothing but a basis of expectation. That expectation is the deriving of certain advantages from a thing which we are said to possess, giving rights to possession— using the force of law to guarantee the enjoyment of that which one regards as his/ hers. But what I hear are arguments that were probably used as justifications for slavery. According to the rule of capture, a property right in an animal or natural resource is acquired only by the possession thereof. Further discussion reveals that actual corporal possession was not the only means of obtaining a property right. Although pursuit alone vested no property right in the pursuer, the mortal wounding of a wild animal, "by one not abandoning his pursuit, may, with the utmost propriety, be deemed possession of him; since thereby, the pursuer manifests an unequivocal intention of ap- . propriating the animal to his individual use, has deprived him of his natural liberty, and brought him within his certain control.. rendering escape impossible." According to Webster's New World Dictionary this rule of capture/possession could be applied to people because "wild" means living or growing in its original natural state, and "animal" means any living organism except a plant or bacterium, typically able to move about. Imagine people defined as "wild animals" because they move about, living in their natural environment. Then along comes this hunter/pursuer/ slave trader with the intention of appropriating the "animal" to his individual use or benefit. More ridiculous is the fact that if he pursues and mortally wounds or deprives him of his liberty, the pursuer has the right to possession of the "animal." I wonder if that was actually the simple but ludicrous beginning of justifying the capturing and possessing of African people and then shipping them to different continents as chattel to the economic benefit of the slave traders and the personal service of the slave owners; to be the backbone that helped build the United States of America. These slaves/animals could not escape their servitude because they were property. Unlike foxes, which could become free by walking back into the wilds, the slaves were millions of miles from their natural environment. Therefore they could never use this rule of property law to their advantage. If a slave escaped to some property other than his owner's, the slave could not become the property of that person even if captured by him because according to property law, the slave was the slave owner's, no matter where the slave may roam. The slave, like a domesticated animal, was within his owner's control; after all the slave couldn't walk or swim back to his native land. Further reading disclosed that if an animal gives birth, its offspring becomes the property of the owner of its mother. Even a slave's children could not escape slavery. As I said when I listen I hear through my experience and cultural history. I select that which I can relate to and make associations. We all do this to some degree. One must use whatever means available to succeed through the process. More from The Opinion Mailbox ships from BPILP that you help apparently suspect class; that is, those who took the first year Thanks for the Support fund. I would like to take this opportunity to thank all members of Words Cannot Idle Gossip Useless Banter Express the Buffalo Public Interest Law Program (BPILP) who volunteered theirtimeto raise money by phoning alumni last semester. Their efforts led to contributions amounting to nearly $3,000, exceeding all expectations for the project. This is the second year that BPILP members undertook this fund-raising endeavor. Special thanks are in order to Marcy Cohen, who was instrumental to our success this year. Again, thanks to all of you; your time and energy is appreciated by the rest of the organization, and those people who receive summer intern- Michael Kulla President Buffalo Public Interest Law Program course in substantive Criminal Law, and passed it? Ron Scott .... I would have to agree with those who say that gossip and other loose talk in connection with Professor Katz's legal affairs are not useful or appropriate. But having heard that some of the assistant DA's proclaimed the "D" grades they earned in his course as a "badge of honor," I can't resist wondering aloud if I were to submit my resume to the DA's office, would I be afforded some kind of affirmative action treatment on the basis of my membership in an ... NOTICE The Law Library will be open one extra hour on Saturday, beginning on February 21. Saturday hours will be 9 a.m. to 6 p.m. Section 1: We have always known what an outstanding group you all are, but once again you have proven yourselves remarkable. Words cannot express how happy I am to be associated with such a great group of people. Thanks for your support and concern while I was out sick. Your thoughtfulness will always be remembered. What an absolutely awesome bunch!! Kimi King February 11,1987 TheOpinion 9 �by Michael Kulla Who Cares About BPILP? Head of Organization Answers Rhetorical Question by Michael Kulla Yes, there are people that . care about BPILP, the Buffalo Public Interest Law Program. That's why I'm taking the time out to write this article. You may ask, "Why should /care?" I think that if you are at all interested in a public interest or public service job for the summer or after graduation, you should be interested in BPILP. Our organization's stated member of the group called "Doctors Ought to Care," come to speak on the issue of cigarette company executives being held liable in tort for deaths caused by cigarette smoking. Another idea being worked on is having public interest/ public service employers in the area come to our school. It would be a great way to have students, especially first year students, learn about what it means to work in a public interest career. In addition, you might make a connection for possible employment with one purpose (when formed by Law Review members in 1979) was to bring an awareness of public interest agencies, careers, and issues to the law student population. What we plan to do for the rest of the semester is geared toward these ends. Our plans include: 1. Speakers. We are planning to have Dr. Allan Blum, a of the speakers. 2. The Registry. This program was started three years ago to give students short-term employment during the semester at agencies that need help. What we do is match students with these agencies to work on a project they have. The work is usually between 5 to 40 hours in total, spread out as the employer needs the student. We pay the student $3.50 an hour for their time. Again, it's another valuable experience, particularly for first year students, as well as a summer em- ployment possibility. If interested, ask Paul Prentiss (box #482) for an application. 3. Fund-raising. Our most immediate fund-raising project is resuming our weekly bake sale. We had them on Monday mornings last semester, and they were rather successful (special thanks to Dianne Bennett's Tax I class). This semester we are planning on Tuesday mornings for our sales. If you can volunteeryour baking skills or your selling skills, please do so. If we keep this as a weekly happening, we can raise more money for our summer internships, which brings me to 4. Summer Internships. BPILP funds studentsfor summer employment at a public interest agency. We give $1,500 per student for the summer. As of this article, we are unsure of how many people we will be able to fund; at least two people, however, will be funded. In past years, people have worked at ClientAdvocacy Service, Farmworker's Legal Services, Legal Services for the Elderly, and Neighborhood Legal Services, to name a few. You will be kept posted on when to apply. Once we decide on how many interns, and which agen- cies we will fund, the interviewing will begin. BPILP is an organization that does do things. We can only do these things with support from the student body. We could use your help on these endeavors. I can't help thinking of a quote I've seen on a poster concerning day care centers and adapting it to our situation: "It will be a great day when our organization will have all the money it needs and major law firms will have to hold bake sales to raise money for summer interns." Until this great day, help us out. My box number is 434. Michael Kulla is president of theBuffalo Public Interest Law Program. A Stock Update From the "Feisty" Colonel of Wade's Warriors "Colonel" George Villegas' Wall Street Report Ladies and Gentlemen: I am pleased to report that our stock sales are strong. I have reassured Chairman Wade Newhouse concerning his personal liability for our stock venture. I told him I wouldn't go to jail without him. Our February 5 fundraiser with the National Lawyer's Guild was a big success. This is due to the mindboggling doorprize of "Lunch with Wade." I haven't heard screaming like that since the Monkees' con cert. The Wallstreet Journal has reported that we are very close to landing a corporate sponsor for Wade's Warriors. I will neither confirm nor deny this rumor for fear of causing violent fluctuations in our stock prices. I would like to personally apologize for failing to include Anna Maria on our board of directors. Her hard work and dedication to this project has been an inspiration to us all. Harvard Law School is trying to slip a ringer into the tournament: ex-NBA star Len Elmore. If Elmore is in uniform for the Crimson, we'll slap him with an injunction! We are still planning an exhibition game with Schlegel's Schlepps. Faculty team captain, Professor Philip Halpern, broke into tears when I asked him if he had found any faculty members who could stand up straight. Our pep rally is scheduled for Wednesday, February 25, in room 106 at 10:45 a.m. Professor Spanogle is still trying to rearrange his schedule so he can open the rally with an a cappella version of the "Battle Hymn of the Republic." I will conclude by reiterating my vow: Wade's Warriors Inc. will be the finest corporation in the history of Wall Street. Yours in the Confederacy, Colonel George "Black Jack" Villegas GOOD LUCK WADE'S WARRIORS!!!! Fiesty Col. Villegas. Black History Month: It's a Time for Reflection by Shelley Rene Rice February is Black History Month. It means Tory all year round." different things to different people. According to Michael Smalls, a Howard University alumni and first year UB law student, it is "A period of time when Afrocentric people reflect deeply on their past, because without a past there is no future." He said it is a time to reflect on historical events in our history, both large and small; to motivate us to make advances throughout the rest of the year and the rest of our lives." Lisa Mitchell, a very busy BLSA member, Buffalonian, and second year law student, said it's a time to "recognize the achievements of Black people; to remember our past and plan our future." She said that "it is important to remember our his- Greg Jackson, president of BLiA and a third year law student thinks it is "a timeto reflect upon our African heritage and to be cognizant of the worth of Black people." First year student Thomas Ware summed it up by saying, "Celebrate the accomplishments of Black people." To me Black History Month is all of this and more. It is a time for all people to recognize the many contributions of Black people. Black Americans have made major contributions to every field of endeavor. Black History Month is a time for all people to be reminded that Afro-Americans are decendents of Africans, many of whom were brought to the Americas without their consent. Black Americans should remember that Africa's history is also their history; therefore they can be proud because Africa was the cradle of civilization and education. Black History Month is a time to remember the many leaders of past and present; a time to remember the pioneers and the vanguards; and the strength and bravery of our ancestors that blazed the way to make life a little more bearable for Black Americans today. It is a time to remember that the history of Black people reveals a caring and loving extended family, and a belief in a Supreme Force and Power, and in the concepts of love, faith, and the importance of education. It is a time to remember that Black is beautiful. In the words of our ancestors, reflect and remember.... "Stoney the road was trod, bitter the chastening rod Felt in the days when Hope unborn had died. Yet with a steady beat. Have not our weary feet Come to the place For which our fathers sighed? We have come over the way That with tears hath been watered. We have come treading our paths Through the blood of the slaughtered." James Weldon Johnson Black National Anthem — "Remember that we are one, that our cause is one, and that we must help each other, if we would succeed. We are one with you under the ban of prejudice and proscription-one with you under the slander of inferiority-one with you in social and political disfranchisement ..." — First issueofThe North Star, 1847 Remember... "There can be no progress without struggle." — Frederick Douglass Remember... "Our expression must be loud and clear. Once and for all we must state it: Human rights and civil right in America are not negotiable. There does not exist in the hands of any one group of citizens either the divine right or the constitutional authority to give or withhold from another, rights that are God-given and legally implemented. " Whitney Young, Jr. — BUFFALO PUBLIC INTEREST LAW PROGRAMS •• bagels donuts • • 10 a j.feS JZ muffins m cottee UU juice Sl\ I LI The Opinion February | fel 7m (fl|j) 3a// WeeklyDAl/C CA! C D/IIYIL OrtLC B Tuesdays 7 . 3() na m - all semester ( outside room 106) VOLUNTEERS NEEDED: if interested, leave a note in box #434 Money goes toward funding summer interns in Public Interest Law 11,1987 �p-Great Decisions—l (jf ■ LU II J*S" R€VU€ [L n lli\ I B|\ I Alll LIIUI wm ff/M study GrouP"i rI =Schedule=i . LLI TENTATIVE DATES AND TIMES All meetings will be in the firstfloor student lounge IC /"I^AAIIVI/^ 1 lIIUII |1|1 V |^\^ ■ MP I Tues., Feb. 17 Topic 4 Tues., Feb. 24 Topic 5 Tues., Mar. 3 Topic 6 Tues., Mar. 10 Topic 7 Tues., Mar. 24 . UJCItCII HI £ a I . Topic 8 I : Sk. Jj J JH F jl A X !■■ fc. JL ' Wtw&ty 1 HP |i| W W/Jim 3MM& * ij M I Bl I © | lr/ /|L I 'PMJPP M- W****** - - B\ South Africa: Apartheid Under Siege 5 p.m. Foreign Investment in the United States: The Selling of America? 5 p.m. Pakistan and Afghanistan: Storm Over Southwest Asia 5 p.m. Dealing With Revolution: lran Nicaragua and the Philippines '*ftff" ' — Be Informed 40 ipi ■ F% Posters 00 ppots I fIL on campus. Or just call 800 -THE CARD, and ask The American Express Card. Don't teave School Without It V^^fl sfi fitcHl fl B Ittmm f iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiui ,\3 WE ARE RESUME PRINTING SPECIALISTS! CALL us 0R VISIT us FOR A QUOTATION TODAY! SP :■■ gg~|~__g|_| T Xwtt i—Hßf The Pacific Basin: Alliances, Trade and Bases The American Express* Card can get you virtuall) everything from a TV to a T-shirt.'Or a tuxedo From Ttilsa to Thailand. So during college and after, it's the f ■PWa B\ '"' ' '*' **** .. .. Egypt and the United States: 5 p.m. • Attend HowtobuyaTV l\ 5 p.m. .... 5 p.m. . .. Tues., Mar. 31 TOT CJGCCIIIS* ... Bf 317J Main Street * ' s*l K/ft (IMn S. otWtntpw) Bullalo NY Krrjr-pAMKP 835 lOO -° HrhaSd '"""" *""" """" 11111111111111111111111111111111111111111111111111111111l nrvJOP) J K Tonawanda. NY 834-7046 February 11y 1987 The Opinion 1' 11 �Hlu **^B lli[~r* ijir •�•■ The Best Course Of Action. bT% students for Stanley H. Kaplan has nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and Over 110 permanent centers nationwide open days, evenings and weekends. I - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake charge. CALL TOLL FREE 800-343-9188 800-223-1782 The Opinion I others. Prepare with Confidence 12 I February 11, 1987 I I �ANNOUNCEMENT! 18th National Conference on Women and the Law I' " '/^^|^^*^^--rJ»cV. SSmT "LOCAL ACTION/NATIONAL STRENGTH" March 19 22 George Washington University, Washington, D.C. YourlawschoolgroupshouldplannowtoattendthelBthNational Conference on Women and the Law. The conference is a one-of-akind opportunity to meet with and hear from women fighting for women's equality and legal rights acrossthe country. The conference participants (about 2,000), organizers, panelists and workshops cut across lines of race, class, ethnicity, religion, disability, age, geography, and sexual preference. In addition to workshops there are group caucuses and meals, a women's music concert, dance and exhibit space. The conference provides an important balance to traditional law school education and serves as a catalyst for the development of a nationwide network of lawyers, students, legal workers, professors, judges and community activists who share feminist principles and are committed to social change. Participants share practical knowhow and theoretical analysis in a wide range of substantive legal areas and also work to build lasting bridges between women from gjf COHIC tO tllC SE V hß> ~f c "«w|t uu* Mi A P, tgL L w ■ 18th Core Committee, c/o Howard University Organization for Women in the Law 2900 van Ness n.w. m»~sg££%r jP -~ l* WA • \/ CIICIIIIIIC O lOflTl• Wl C S §|Bf' ' eSsAT(v!l&f.V "W T rZjSmsfr 1 .i »** If"Tfc J JL <\\ W J£^^g>A/:' ' I■ t t VJi !"L ' IJ •••• <||j|| \7 '' lt^x& '^y&g^s^ mi (Liv ? S)\ <ilfiip£ IMb&* . HBfiV'' SJv?|§Ht. WHAT* * dl'tlltS $! 00 mixed ItS^nP 4llsS*L 'JSBpf*-''* i- free wings; N °.COVER! jwßjgi <!taP^* <lf?P|> "-'f^E^fe^ 'PUst fc# hundreds ot �§| m ' J;c&S 15 WHTriV* Thiircrltiv TTfh Yin lllUiaUciy, rCU. lwoimiino al 0 UCglHlllllg nt 7\n • m • y > riislav' i tHßmj \ff|P| * J/Sffjll it» ■ * uSft? iK %M*!M to "^Osr?!?! 'llsllk**'''- ~-~ >i^E^j®ffi^j WHEREI Central Park drill KaEff *<slttiv * TSpl* °Smf> Jj?2 . jfli BY J Jju B if *** /\ 1I [flltf! *■•* different communities. This year the conference is being held during the last weekend of ÜB's spring recess which should make it easier for students to attend. It's a rare opportunity to experience the vitality of people actively involved in the legal process ... and an energizing contrast from the world of casebooks! Take advantage of the special student registration rate and alternative housing possibilities and send for a registration form today. Call the conference office if you have any questions. *-IBb%BW '£&£&£*':' " «a |p .-J^ February 11,1987 The Opinion 13 �The A&R Song iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii | 1 | Beginning on Monday FebruarV 9 and I - ' 1 Drinking lots of coffee and sighing lots of sighs. Outline papers scattered their world's about to end And for 1,575 we can do it all again: Chorus: In the Spring, when will it come, when will it get here? How I wish I were all done and passed the bar. If I'd known it'd be this fun I'd have been less eager To lick that stamp and send my form to A&R. Now the first semester came and went and hopefully the next Five more semesters will likewise follow too. But whadda you think the chances are /'// be any less perplexed Than I am right now with International Shoe? Chorus I tell my friends I'm working hard, no time to socialize. They must think I have some propriety. Yet forced to do as you and I they soon would realize That I drink in way of sheer necessity. every 1 pXKj^Tr -"!!'~l continuing thereafter | 1 >Sa" :ytZI'L Monday e Commencement I 1 C*T J will be V_A VWT-\) Committee | onsorinS bake sales | 1 in the Law School. ,„ We needfvolunteers for baking - | S !1 = =5 a § -| L . cv, .. . . - | ... cookies, cakes, brownies, etc. (baking is a good , ' u ~. and volunteers for sitting at the study break!) , ,-. jtui • vi j x 4 baked table in front ofthe Mongoods library on n/i , , ~, days. If you are interested in helping, please , , ~r leave a note in box 655 Ima Simpson or see -reprofits or Carol Fitzsimmons. All will go towards Commencement activities. , „ — I Z I Z ~ = s S ■ | iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiT .fo<=x* [ i M Commencement services for the Faculty of Law and Jurisprudence will be held on Sunday, May 17, 1987 <it 2 p.m. Please be- aware of the ordering requirements for academic apparel via the University Bookstore, 200 Lee Entrance. Cap and gown rentals must be ordered from FEBRUARY 16. 1987 through MARCH 20, 1987. This March 20deadline is particularly important because law degree candi- i Chorus * — Roy A. Mura dates must rent their attire. The forms for ordering commencement attire will mended that you order as early as possible to avoid unnecessary de- — ■ vVc**s5**(sJaVX y, * Ij I~WH PoeTtryheCorner FirstI"YTKeer-haspla?h"! .— "Ker-splash! The First Year?" I I struggle, heart pounding, trying to catch my Master ofLaws breath in the intellectual prop-wash Boston University of the Learned One. School of Law Uh oh, here he comes again! Laikehpnumldcdgaotie,r ProcastSminwhwom.aeyvegfs keaInTopsiwhdadsleofeing Iunwdahegtro so Qu et when rWB raHr! SVPRP |U|j|iJß| Like to htI'Ceaouvdsr.n't ' .. up and I struggle, heart pounding, trying to catch my breath in the intellectual prop-wash of the Learned One. . Uh oh, here he comes again! Like a huge, pedantic helicoper — and me — Swimming in the waves of my Procrastination. The noise is deafening and I keep swallowing water when I go under But it's so Quiet when I'm under, Like being out of gear; I don't have to listen 'Cause I don't have to hear. Very relaxing, until I get jerked awake! Dragged up kicking and bitching, hating every eonic second of being without the first Clue as to how I'm supposed to swim in this academic shipwreck. relaxaIinwVug,nekert!yjiltked .. every multidisciplmary course of study Drag ed kicking bitching,hating A offering a singular educationalopportunity conic second of being withoutthe first for lawyers who wish to practice m this supposed unique, Clue as to how I'm to swim in this academic w 11 dynamic, fast growing area of specialization shipwreck. Taught by faculty of the Boston University |,VKjSJII \ I Z>d jf School of Law, management experts, and eminent banking law attorneys, this in novaHow dothose Motherfuckers do it?!? tive program providesan exceptional blend they swap ing briefs, intellectualand practical education at one of the nation s foremost law schools. The ■ mf>'Ml'-SkMll/ curriculum has been meticulously designed |x to provide oursesi ovei ng the full range of f] mV\(p)/|» banking law subjects and courses specially Opposite developed to introduce lawyers to the legal, -^o\^^%H|-y md managerial aspects of the V mmt^i'^Aim finam al services industry amfflj^fiy And then there'sthe GoldenOnes 'IrMK'iSvi Are ,, andcanI swap brains? ~ '°~ ' ' It'syinsup ortable; Whatplanethas48hour days? /PfMs^k, 1 M;i there couldswlm to shorealk:lsl ■ ■ \ Lock VSvfc-<df oj . i Editorial Note: September 1987 j ■ L- S • The Opinion February 11, 1987 ,iv . Opposite Lock Editorial Note: was Writ ng"as ignment. 18j§ e r s f i r s t " R e s e a r c h a n d lUni Slmlic« ■- The preceding was written during the writer's first "Research and Writing" assignment. 1 r\WO>a*VM' * f 1 I Slucli. \ ■_—-—l_V ) liiistoii l ni\<rsily Si'lhmil of l,a« I \S\ C^~~J B»gtiiii. Maraachiisptu 02215 \ / rail: \rMAS4X"ev*t1—crna5Ul,i rY(J«O»Nf)oIaXM2cr:e-SkH..wJ 10 IVouram Bankinn (iraclualf in Ylorin Ct-ntfi l"r Itiinkin;' iir 14 . I— .. And then there's the Golden Ones How do those Motherfuckers do it?!? Are they swapping briefs, and can I swap brains? It's insupportable; What planet has 48 hour days? Maybe there I could swim to shore at least pre"wTcrdtihfuineglJn-V Applications are now being accepted for full or pari tune enrollment in . r Hi ScvenU, Aye»«, Mtc *i N«r T«»k. New V«k 10001 ("DJMrJtfH (mi)(asms >* XJ 1 �John, Steve, John, and Leo . which one of these men is running for office? Merrill, Donny and Marie united! Are they drinking Hawaiian Punch? SBA welcomed back students with a party at Pine Lodge on These are the good times and they're havin' 'em!!! Who's the future game show host, Brett or Dave? b welcom ack! Thursday, January 22. w A good time was had by all! / have to get it between the what? Dynamic Duo, Paul and John "About the yearbook Irene" .. "Uh, excuse me Jack." Mike does his Tom Cruise impersonation February 11, 1987 The Opinion 15 �-■ '■■*■ i maax I I «m \A bY BI I bW k «i I ■ BI ■ I ATTENTION: CLASSES OF 1987,1988 & 1989 _H HI B^Bh I ■_■ When you register early for BAR/BRl's 1987,1988 or 1989 New York, New Jersey, Massachusetts, Connecticut, Vermont, New Hampshire or Maine Bar Review. You get materials—NOW. And the nation's largest and most successful bar review course and you save $100 off the current price, Remember: The last day to save $100 off the price of your course is: Available from Campus Reps iff /7 I 415 Seventh Avenue. Suite 62 New York, New York 10001 / If 212 594-3696 201,623-3363 )Hf 16 The Opinion February 11, 1987 //// V-/-/// Head Rep. Todd Bullard 3rd Year Reps. Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon PaulKarp Katie Keib Jay Kennigsberg Alicia Lacappruccia Jay Lippman Dave Piatt Rickßesnick If f~kj ""B Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg JenniferSanders Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos Bonnie Mettica Kevin Comstock BW 10 BW M 160 Commonwealth Aye. Boston, Mass. 02116 617/437-1171 I Cg| ■ Head Rep. Barry S. Stopler 2nd Year Reps. CoraAlsante Shari Berlowitz Mikeßiehler Festus Campbell Maureen Casey Melanie Collins AlDong Gail Ellington Susan Gass Susan Gigacz Carol Livsey BobMcßride Ramon Perez Joshß. Rosenbloom Lisa Strain ScotThurman JimTierney Christine Tsai Debbie Dewitt Walker JohnWilliams Dana Young � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-02-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/11/1987 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/243a161fb9c9629059faf70944a77628.pdf 5b90e1a01562c0fa2863e7a7593fad5c PDF Text Text Wade's Warriors to Begin Corporate Venture by Kevin O'Shaughnessy Wade's Warriors, the Law School's all-star intramural basketball team, announced its entrance into the Western New England College School of Law's Twelfth Annual Invitational Basketball Tournament at a press conference in the Dean's office on January 16. The tournament will be held in Springfield, Massachusetts from February 27 until March 1. "We want to build school spirit with Wade's Warriors," declared League Commissioner and Coach, Colonel George "Black Jack" Villegas. The team plans to garner student involvement by selling shares of stock (at one dollar per share) and holding several Wade and George ride again. fund raising parties. The stock, which was signed by Law School Dean Wade Newhouse, will be sold by team members in front of the Law Library. Money raised in excess of necessary expenses will be donated to the National Lawyers Guild's efforts to aid Haven House. It must be noted that Dean Newhouse expressed a fervent desire to avoid personal liability for the corporate basketball venture. When asked by Colonel Villegas to sign the first share of stock, the Dean asked, "Do I really have to sign this?" Insiders feel that the Dean's trepidations will not affect the stock's trading value. Several business periodicals have tagged the stock as one of the hottest investments in 1987. One wag was quoted as saying, "America is going to be Basket- Bullish overWade'sWarriors." Brushing aside questions concerning S.E.C. violations, underworld links and urine testing, Colonel Villegas told the press: "The (Boston) Celtics went public, so can Wade's Warriors!" He also indicated that he had stock commitments "from a substantial number of the faculty." He also mentioned that he tried to organize a women's basketball team but he was unable to spark interest. Several team members were present at the conference and their coach assessed the team's continued on page 2 THE OPINION Volume 27, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW January 28, 1987 SBA Phone Phiasco Phoments Phuror by Krista Hughes "Billing problems" in ÜB's Telecommunications Office have resulted in the termination of telephone service to all of the Law School's student organizations. The six telephones were turnedoff on December 15 when Telecommunications Manager Frederick S. Wood made good his threat to shut off service if the Student Bar Association failed to pay $6,600 in back- logged equipment charges. According to Wood, the problem was caused in part by a 1984Act by NewYork Governor Mario Cuomo which required all State agencies to purchase, rather than continue to rent, the phones they use (see The Opinion, Feb. 12, 1986; Vol. 26, No. 9). The University had purchased all of its phones and began passing that cost onto the individual users. Michael Day, Supervisor of Telephone Ordering and Accounting for the University, explained that once the State had actually purchased the phones, the telephone company produced no more bills for equipment, and only charged for service. The purchase of telephones by the State "confused and upset" the University's billing system, because without the phone company's equipment charges, the Telecommunications Office was forced to create its own bills in order to cover the cost of buying the phones. ÜB's Telecommunications Office became, in effect, its own telephone billing organization. Day himself began creating the equipment bills in January, 1986 in most cases billing as if quarterly. SBA began receiving old equipment bills on May 19, 1986, with a $298.39 bill covering Juneof 1985. Two days later a bill for $895.17 was received which covered July, August and September of 1985. The equipment bill for October through December of 1985was received on June 9, 1986, and two days later came another bill of almost $900 which covered the first three months of 1986. Former SBA Treasurer Terry Gilbride explained that this sudden deluge of telephone bills created quite a problem forSBA with respect to finances. Initially he had received "a couple of phone bills for equipment" which he was able to pay. However, as the bills rapidly accumulated, it was apparent that payment would be difficult. Money to pay off the unexpected telephone bills of previous years was not included in the current budget. It was also not possible to transfer funds from other budget lines or reserve funds because "[SBA] didn't have that much miscellaneous money lying around." As Gilbride noted, SBA began the year being "budgeted very tightly." CurrentTreasurer Vicki Argento agrees. "There was a big push to give more money necessary result of that would be less "miscellaneous" money. Three student organizations, Peer Tutorial, Asian Law Students Association, and the Yearbook, were funded this year for the first time. The Parents Law Student Association and the Entertainment Law Society were re-funded this year after several years of inactivity. As a consequence, Argento said, money was cut from SBA itself. The telephone budget line was cut by last year's finance committee to $1800, an amount which, according to Argento would be barely sufficient to pay off six months of phone bills. As of Dec. 18, 1986, SBA had sent out a payment totalling $3,584.40 —the sum of the back-logged equipment bills. continuedon page 11 Prof. Katz's Sentence Stayed by Paul W. Kullman A 120-day stay-of-sentence has put UB Law School Professor Al Katz back in the classroom for the remainder of the Spring semester. Katz, a criminal law professor, had been sentenced to 30 days in jail and fined $1,000 on Tuesday, Jan. 20 after having plead guilty to a misdeameanor obscenity charge involving child pornography. Law School Dean Wade Newhouse confirmed the fact that Katz "will teach through the semester" but refused further comment on the matter. When pressed, he would only say the matter was being handled through the University rather than the Law School. University Provost William Greiner, however, would only say that "it's a matter that concerns me and it obviously affects him (Katz) and the students. But I'm not in a position to comment on anything. It's best not at this point in timefor people to go making off-thecuff comments about this matter." Opinion's business manager Melinder Schneider baffled by phone situation. to the student organizations" when the present budget was being formulated, and the Greiner refused to say at what point in time it would be appropriate for him to comment. He also refused to say what, if any, disciplinary action or sanctions might be imposed upon against Katz. Katz, a member of the faculty since 1969, was arrested in his Richmond Avenue home on Tuesday, May 14, 1985 after a year-long investigation by the Buffalo Police Department's one-man Salacious Literature Squad. He was originally charged with a felony for allegedly mailing a sexually explicit photo of a teenage girl sometime between Feb. 9 and Mar. 21,1985. The district attorney's office admitted that Katz, an amateur photographer, had not taken the actual photograph. In pleading guilty to a reduced count on Nov. 26, Katz told State Supreme Court Justice Frederick M. Marshall he was doing so only to avoid the possibility of being convicted on the felony kiddy porn charge. The felony charge carried a possible seven year prison term. Mark J. Mahoney, Katz's attorney and former student, maintained throughout the case that Katz's interest in the so-called "kiddy porn" was purely academic. Mahoney said Katz was "mistakenly" caught in the same net as persons who involve themselves in child pornography for profit. Mahoney had earlier pointed out thatKatz has had articles on pornography published in the Yale Law Journal. Prosecutor William J. Ragan said Katz's last articles in any legal journal were published in 1969. At sentencing, Judge Mar- shall said Katz's claim that he was involved in academic research was "not believable." Judge Marshall also said: "I think it's regrettable you didn't have the guts to stand up here and recognize your problem." Katz, who instituted a civil suit against District Attorney Richard J. Arcara shortly after he was arrested, again told Judge Marshall that he was conducting research and said he did not understand the nature of his prosecution. Attempts to contact Katz at the Law School and at his home for further comment were un- successful. "I don't think he wants to talk to you," said an unidentified person answered the Katz's residence. When asked for Katz's confirmation of this, the same person said, "He's not going to get the phonefrom me" and hung up. phone who at LALSA Out-Reach Program Faculty Candidate . 2 4 ELS Ski Trip 5 Student Aid Cutbacks 9 Phonathon II �continuedfrom page I Wade's Warriors strengths and weaknesses: "We don't have a lot of height, but our players have hands so quick they could steal the shoes off horses running full gallop at Churchill Downs!" A pep rally is scheduled for sometime in February, prior to David Engle's Torts class. Colonel Villegas ended the p<-°*s conference by challenging the Law School faculty to an exhibition game. "It would be worth the price of admission just to see Schlegel in shorts," added the fiesty Colonel. Associate Dean John Henry Schlegel was not present at the press conference and could not be reached for comments or defenses of his rather spindly physique. Player Height Undergraduate College Rick Resnick 511" Alfred SamSpiritos 64" Univ. of Pennsylvania Thomas Ware 64" Tuskegee Institute JoelSchecter 511" Cornell Spencer Feldmen 62" Brandies Lawrence Spiccasi 6' Univ. of Buffalo Kevin McCarter 59" Canisius Stephen KidderLindley 62" Emory John Dagon 62" Alfred Dan Lukasik 64" Buffalo State WillZickl 6' Hobart Keith Sutherland 62" Univ. of Buffalo WADE'S WARRIORS J,_ J >{*J %i? %5* W &j CT^^k. J '» Students and faculty alike support the cause. LALSA Out-Reach Program Aims at H.S. Minorities ation. is Coach Colonel George "Black Jack" Villegas CORPORATE OFFICERS Chief Executive Officer, President — Wade Newhouse Vice President, General Council Marjorie Girth Secretary-Treasurer Colonel George "Black Jack" VilChairman, legas — — The Latin American Law Students Association (LALSA) is in the process of initiating a High Out-Reach Program. During the Fall of 1986the president of LALSA, Sam Rodriguez, presented the idea to the Student Bar Association (SBA). The proposed project received major support from SBA mem- School BOARD OF DIRECTORS Wade makes it official. Alan Carrel Charles Wallin John Henry Schlegel Audrey Koscielniak Aundra Newell Helen Crosby CleoJubulis Ellen Gibson Marie McLeod Myron Malkinson Anne Missert bers and monies were allocated for the program. Careers Symposium Interviews by Diane Dean The Public Interest Legal Careers Symposium will be held on Thursday and Friday, Feb. 26-27 at Greenberg Lounge at New York University Law School. The Symposium began eight years ago in an attempt to bring public interest employers and students to one meeting place, thus saving time and money for both groups which are typically on restricted budgets. Most of the employers conduct "formal" interviews for a known job opening. Others hold "informal" interviews on either one or both of the two Symposium days to meet potential employees in the event that an opening occurs in their office before next Fall. (One interviewer who attended last year conducted only informal interviews the first day. On the second day it was announced that they would be hiring three graduates at which time they started collecting resumes and conducting formal interviews). While the formal interview process is the most secure way to approach the Symposium, using the opportunity to meet informal interviewers provides students with the chance to start their networking and learn what public interest employers as a whole look for in an applicant. So, even if you don't get a formal interview, or get only one formal interview, I would suggest you attend the Symposium for the sake of the informal interviews. Last year, one student didn't get a formal interview with a certain employer. Since the same employer was conducting informal interviews as well, the student introduced herself and ended up getting the job for which she had initially been denied a formal interview. By now most of you should have at least planned where you will be applying. You should have reviewed the employer description in the Public Interest Symposium binder, prepared the application package that each employer has re- quested, and filled out a yellow Student Schedule Sheet. The yellow StudentSchedule Sheet is a very important new addi- tion to the application process. Without a complete form, NYU may lose your applications in shuffle or miss the fact that you have applied to an unlisted em- ployer. deadline for submitting resumes for the SymSince the posium is Jan. 30, anyone who has not yet begun the process of applying had better get to it quickly! For those of you who have applied, please make sure you have submitted a com- pleted resume package. Many employers want more than just a resume. Without a completed package, we cannot send your application on to the employer. In addition, any third year student who has submitted a resume for employers asking only for first and second year students will have his/her resume removed. The opposite also applies. Any resumes handed in after noon on Jan. 30 will not be sent to the employer via CDO. After we send the applications to the employers, they decide who they plan to interview. They tell NYU which, in turn, tells us. NYU gives us this information in the form of an interview schedule. Therefore, if you are not serious about applying to an employer, don't do it. Once you have applied, and that employer accepts, you are scheduled for an interview. NYU assigns you to either ofthe days the employer is interviewing. Therefore, be prepared to attend the Symposium for both Thursday and Friday. The list that NYU gives us will be posted outside CDO. I will let students on my mailing list know when the schedule goes up as soon as I can, but keep checking the board after about Feb. 8. At the Symposium Interviews begin at about 10 a.m. on Thursday. If you plan to fly in that morning, Audrey suggests that you take the earliest possible flight and that you The Opinion January 28, 1987 2 Its major objective by Zulma A. Bodon "pray for good weather." In the foyer of Greenberg Lounge, large boards are set up interview on which the schedules are displayed. Here is where you'll find out any perhaps even too ambitious, they are certainly consistent with the goal of preventing high school dropout. Furthermore, this is a long-term program, changes that may have been made and where your inter- views are taking place. Maps can be picked up at one of the tables nearby. I will be there, as will Audrey, to direct you, give you suggestions, and provide general moral support in your interviewing. Arriving early this first morning can be very beneficial to students who have not received interviews with employers for whom they really want to work. Oftentimes there are open slots on the interview schedule because a student has withdrawn. If you get there early enough, you can see if there is an opening, go to the interviewer's room, and talk your way into the vacant interview spot. Many students got interviews this way last year! During the course of the day, you will have breaks between your interviews. It is during this time that you can either introduce yourself to the myriad of employers sitting patiently in Greenberg Lounge or go and listen to the panel discussions taking place in adjoining rooms. Bring extra resumes for the informal interviewers — you never know what employer might strike your interest once you begin talking to them! Speaking from experience, I know approaching an employer seated by themselves at a little table can be intimidating. I eventually began to coax friends to go with me to talk to them. Just introduce yourself and start talking. Most students fly to New York, but some drive. If you have a problem with transportation, let me know and I will try to arrange carpooling. Good luck and have fun. This can be a very informative and worthwhile experience! Diane Dean is the graduate assistant for public interest/ public service careers. to provide high school youths who are identified as "at risk" with counseling and guidance, basic skills development, career exploration, cultural awareness and leadership development. The two high schools already identified as possible "pilot schools" are Bennett and Gro: ver Cleveland. Further research is needed, however, in order to make sure that these two schools are representative of the "at risk" population the program wants to target. Although at first glance the objectives of the Out-Reach proposal seem too many and LALSA Pres. Sam Rodriquez. The Black Law Students Association (BLSA) has joined LALSA in its preliminary efforts to establish the goals and objectives of the Out-Reach program. Members ofboth groups met several times last fall in an attempt to explore a framework from which to begin. The exploration of ideas included (1) the feasibility of having the program; (2) the goals and objec- tives of the project; (3) who the target population should be; and (4) where and how the program should be initiated. According to Rodriguez these preliminary discussions were necessary in order to be sufficiently organized before other organizations are invited to assist in the actual implementation of the Out-Reach program. He feels the program should not be exclusively a LALSA project. "Once we are organized, we want to open it up to other organizations who share our goals and want to join us," said Rodriguez. The goal of the program is to reach minority and other academically disadvantaged high school students in order to retain them in school and enhance their potential for gradu- . V which means no one should expect immediate results. It is a complicated and time consuming project deserving of every-" one's support. So far, it has been a struggle and a learning experience for all of us involved in this very difficult but important endeavor. Illllllllllllllllllilllllllllllilllllllllllllllll • PROFESSIONAL TYPESETTING p OFFSET E • PRINTING o • FAST SERVICE COMPETITIVE " • PRICING JJ MANY M • DIFFERENT E S* TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT USFOR A QUOTATION TODAYI ■ j B 3171 Main Street {Mmlh s> of WtnMpteff Buffalo, NY I rtl fQft 8354)100 SJSOtTt—, [|jSPW£\[KJjr 1876 Nia. Falls Blvd. 'Tonawanda, NY 834-7046 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 415 Seventh Avenue, Sulie 62 New York. New York 10001 (JU) SM-J696 (201) 623-JJ63 > �. Hew rwuiiMfl: v ™ '.-■■■'- lilililitß vX'XvX'X'X'X'X'X'X^H wvwv LECTURING Cast ALL Patrick Baude (Indiana University School of Law) Julian Bush (Attorney at Law) Criminal Procedure Wills Trusts John Dobbyn (vnianova University School of Law) Corporations Steven FinZ (Western State University School of Law San Diego) . . . Administrative Law ■.■:■■ Conflict of Laws -■:■:■■."": Insurance & Suretyship Personal Property Problem/Integration ;;! Torts \II The Multistate Method™ by Steven Finz Kenneth Gray (Duquesne University School of Law) Real Property Neil Hecht (Boston University School of Law) Evidence Barry Josephson ((Attorney at Law) Agency & Partnership Michael S. josephson (Loyola Law School) Criminal Law :: New York Essay Clinic Nicolas LiakaS (Attorney tU Law, Chief Executive Officer of Josephson/Kluwer)MultlState Clinic Equitable Remedies Arthur R. Miller (Harvard Law School) — : : - ] Petir O'Connor (Fordham University School of Law) Marc Perlin (Suffolk University School of Law) Lawrence Sager (New York University School of Law, (Boston Unimtsity School of taw) Douglas Whaley (Ohio '/111:;!::; state University College of Law) it*; llllllilllß Bliiiill tiiiliilllß ililillllß lillllllla liliUlillll I ll^llllllllil llllllll^ie llllllliß ■ I Illlllllllle lililililM fflllfliflß Illlllllile •• ;-}M .' I ' ••. Illlilllle illllllllle Constitutional Law 11^1111^ Domestic Relations Contracts Sales Commercial Paper 10 e«st 21st Street, Sttltt 1206-7 New York, NY 10010 50&-2O6O or <800) «StV4srr S;:sSSSH;:;:;S;:;SiB Federal jurisdiction C.P.L.R. JOIEPHION W HLUWID ??%■'::■:■>' 1I If Bat £xowi Succedft! Featuring an STAR ei»e,jo Wi»<,n«iu««iWiE««i«i<»»icwt«.ii«. Illllllllllil iiUliitllß iiSiilllllS llillill^B ||| . : : : : : ':: : ;: :B ::::::x::::-:::; :: ; ': ::::::x::o:::^:S:::HS: ::H ::::':::::::::::::-:::;:-:^:::::o:>::B January 28, 1987 The Opinion 3 �Candidate Linder Speaks on Migrant Rights by Paul W. Kullman The good thing about labor law, particularly in the area of migrant farmworkers, is that "there really is a black and a white," said Marc Linder, an attorney with the Farmworker Di- vision of the Texas Rural Legal Aid. "You really do have a bunch of repressive, exploitative elements on the one hand, and people who are a hard working, impoverished group who make $6-7,000 a year on the other," he said. "Although farmers claim they need protection because they would be vulnerable if the workers struck prior to a harvest, you need to turn this around. The workers are very vulnerable because they make all their income in a short time, Faculty Candidate Marc Under. and are reluctant to assert all their rights." Under, a 1983 graduate of Harvard Law School, is a candidate for a clinic faculty position at ÜB. He spoke with 15 students on Wednesday, December 3 in the Faculty Lounge on his field of expertise, federal labor law, and his desire to implement a labor law clinic at ÜB. "For students, this would be a good access road to combining book learning with active experience," Linder said. "The focus would be on federal statutes designed to protect farmworkers. These are not as complex as the tax code. These statutes are easier to work with because there is a modicum of historical meat on them, so you can understand their general intent." Linder said he sees seasonal fruit pickers in the northern and southern sections of Western New York as possible clients of a labor law clinic, although he admitted some unfamiliarity with their current numbers and their employment conditions. "Plant closings in the Buffalo area could be another focus," he added. Linder, in developing a labor law clinic, said his plan would be "to run courses in conjunction with other teachers to provide a dose of economic and sociological background" for students. "It is important to combine book learning with practical experience. My own experience has been that fancy legal theories, whatever direction they come from, are not that important. It is important, however, to have some grounding in social economic theory." Linder previously taught courses at the university level in economic theory, history, and policy from 1974-1977 while in Denmark. He was also a teaching fellow at Harvard's Department of Economics while he attended law school there. Linder called the UB faculty "extraordinary and interesting" and said the "concrete efforts to shape the curriculum from that which prevails at other law schools" is what attracted him to apply for a position at ÜB. Movies, Videos: "The Boys in the Band" by Zulma A. Bodon Concert promoter and film producer Harvey Weinstein was guest speaker for the Entertainment Law Society at UB Law School Thursday, December 4 of last year. The theme of his presentation was "An Insider's View ofMusic and Movie Business." Weinstein was introduced as a deal maker of the highest caliber in the entertainment industry. "Hehastheabilitytoget things done in an environment that is absolutely insane," said Dianne Schnitzer, secretary for the Entertainment Law Society. Weinstein, who began organizing concerts as a UB student, now produces movie and video projects of rock stars, including Paul McCartney and Phil Collins. He has distributed motion pictures such as "Erendira" (by Mexico's Nobel-Prize winner Gabriel Garcia-Mar- quez); produced Orion Picture's horror thriller "The Burning"; and, directed Universal's "Playing for Keeps". Hisfilm distribution and production company is based in New York City. Weinstein's "insider's view" focused on the revolutionary movement in technology within the entertainment industry and how it has contributed to the rapid proliferation of entertainment lawyers through the industry. He explained that "whenever there is a revolution in technology there is growth, and, where there is growth there is a greater need for lawyers." He further explained that legal expertise is in great demand because, with the expansion in technology, the entertainment industry has become much more intricate and thus lawyers are needed to help identify and explain newly created rights. "It takes a lawyer to understand the contractual nature of the industry and the intricacies of the new rights involved in the actual hierarchy of a major studio." Although Weinstein considers a law degree an important and needed commodity, the predominance of male entertainment lawyers suggests that the industry has not been responsive to women. Even Weinstein had to agree "I do not know any entertainment lawyers who are 'ladies'. I know a lot of women who work for male lawyers. Their role has been limited to working in the business affairs departments even if they hold a law degree." But he believes the barrier is being broken now: "We now have a President of Paramount who is a woman. The President of 20th Century Fox is also a woman. So, it has to be up to the women in the industry to bring other women up the lad- der." For those interested in playing the dual role of entertainment lawyer-manager, Weinstein warns that this is a difficult role to be in. "It is tough because if you are playing lawyer manager with a group (for example), the group starts to get suspicious after a while. They tend to look at the lawyermanager situation as an invasion." Therefore, according to Weinstein, it is preferable to play the single role of an attorney because "more and more lawyers are becoming the major 'confidant' for the talent, and the talent is always a key to the industry." As to how to get started in the entertainment industry, Weinstein stressed the importance for law students to study the trends and precedents in the industry in order to get a sense of where the industry is heading and where the jobs are. This should be done by subscribing to magazines and other trade publications. Law students should also begin to identify entertainment law firms in Los Angeles and in New York City. These two cities, Weinstein said, are where entertainment lawyers have the greatest possibilities for success. He also stressed that, if necessary, law studentsshould volunteer in an entertainment law firm: "The important thing is to get in. Once you are in, you should try to sit on the meetings, watch the negotiations, ask questions and listen." This, he indicated, is the best way to get a taste of the real world of entertainment law. It is also the first and most important step towards a successful law career in the field of entertainment. Creative Students Frolic with Remedies Final by Kevin O'Shaughnessy "The most important thing to say is that there is no law of remedies." Discuss. One student used a cookbook and a brownie to answer this exam question. Almost all of the students taking Professor David Fraser's Remedies course provided him with some very different exam answers. "I received poems, limericks, songs (Blues, Folk, Gilbert and Sullivan), video and audio cassettes, plays, television scripts (Cheers and LA Law), collages, fairy tales, and one that was written in a diner." Professor Fraser's Remedies exam instructions provided for group projects and encouraged the use of "equivalent responses in alternate media." Although Fraser had included these instructions in years past at other law schools, (last year at Dalhousie in Halifax, Canada), this year's response was the strongest. An overwhelming majority of the exams used alternate media to answer the exam. "Its obvious that a lot of people have creative artistic and literary talent and are craving for an opportunity to cut loose from this oppressive atmosphere," declared Fraser. Although Fraser mentioned he has received some "weird looks from some people at A and R", Registrar Helen Crosby stated that the alternative exams caused thestaff very few problems. "We're used to roll- ing with the punches," she added. She did mention that she had never seen such a wide variety of exam answers before. Since group projects were encouraged, the students had to make sure the blue book numbers were registered with the proper exam. Professor Fraser has finished grading the exams and they should be posted shortly. Some members of the faculty were envious of Fraser's grading chore. "It beats reading sixty or seventy dull blue book exam answers," chuckled Fraser. Alternative media Professor Fraser's exam instructions point out, "You have better things to do with your lives than to waste a lot of time on this project." This statement should apply to both students and faculty. Environmental Law Society Members Tour Love Canal Toxic Waste Dump by Lisa Strain Shortly before finals last semester, a group of 12 students participated in an Environmental Law Society field trip to Love Canal. We were given a tour of the general Love Canal Study Area, located in Niagara Falls, by Rev- erend James Brewster of the Ecumenical Task Force (ETF). ETF is a citizens' task force which was originally formed by a group of scientists in 1979 in reaction to the discovery of contamination due to toxic waste dumping in the area of Love Canal. ETF has continued to operate as a citizen's activist group since then. Reverend Brewster gave a brief history of the Love Canal area. The area received its name from William Love, who attempted during the 1800s to 4 build a canal from the Niagara River to Lewiston but only reached 3/4 mile into the mainland before running short of funds. In the early 1900s Love Canal was actually a highly attractive recreational area, according to Reverend Brewster. However, this changed in the 1940s when the property was purchased by Hooker Chemical Corporation and used to dispose of toxic wastes. Hooker Chemicalwould dyke off part of the canal, pump the water out and dump liquid and solid wastes into thecanal. It is estimated that approximately 22,000 tons of liquid and solid wastes were disposed of in Love Canal by Hooker Chemical between 1942 and 1953, according to a 1979 draft report of the Interagency Task Force on Hazardous Wastes. The Opinion January 28, 1987 According to Reverend Brewster, there were a number of public hearings during the 1970s on possible health effects of the toxic waste disposal for the residents of the area. Al9Bl New York State Department of Health report cites a number of potential health effects due to exposure, including acute leukemia, cancer, liver dysfunctions and respiratory and cardiac arrest. The property was eventually purchased by the City of Niagara Falls and theBoard of Education, and capped with a layer of clay. A school was then built on the edge of the canal area. After numerous indications appeared in the late 1970s thatthe clay cap failed to properly contain the waste, including reports of chemicals "oozing out continued onpage 5 Dave Fraser at work? , £ exams might be the methodneeded to combat late grade problems. As 415 Stveetfc Atom. MM 62 New *•*. New Varfc 10001 (JUMM-W* (Ml)<ls-3X5 �Love Canal of the ground" in the school playground, the canal area was fenced off and the residential area taken over by the state through eminent domain. A fill drainage system to funnel the contaminated leakage to a treatment plant was installed. New York State purchased the homes in the area for a $20 million settlement with the residents, and 80 percent of the residents left the area. There are two houses which remain within the fenced-in area whose continued from page 4 owners have refused to leave, Reverend Brewster said. There have been numerous incidents of arson, and a growing feeling of resentment among those few residents who remain that they will not receive adequate compensation for their initial investment in their property if they sell now. V^^ Until the area is declared habitable by the Department of Health and the Environmental Protection Agency, no property will be sold. According to Reverend Brewster, there are at least 300 people on a waiting list to buy the homes purchased by the state. However, it may be quite a while before the area is remediated enough to be habitable. The most highly contaminated areas, said Reverend Brewster, are the storm creeks, especially Black and Cayuga Creeks. One resident, Luella Kinney, continues to cite her son's deathas proximately caused by exposure to these highly contaminated areas. Her son often played in Black Creek and died several years ago of leukemia. The largest obstacles to remediating the area are posed by the sediments in these storm creeks. Reverend Brewster said, and by the Love Canal site on which 20,000 gallons of liquid waste are still being stored. The waste contains high lev- els of dioxin and there is presently no disposal site for the barrels due to their high level of contamination and the ing of Feb. 5 so we know how many vans we will need. All Law School faculty, staff and We are suggesting that people bring a light lunch, although there is some food at the warming hut. Also, you should bring a spare hat, top and pair of gloves in case you get wet. You should dress in light layers with some "heat flexibility" such as a zippered top, if possible. Once you start skiing, you warm up a lot and you should try to avoid overheating. Wool is best, but not heavy wool. $10 to rent equipment for the day at Allegany. If you have your own equipment, there's plenty of room in the vans. If we have more than one full van (13 people), SBA will sponsor the second van. If you have any questions you can drop me a note in Box #710. danger posed by transporting them. While the Love Canal area continues to remain a source of concern, a growing concern is also developing over the 102nd Street dump, located directly west of Love Canal and bordering the Niagara River. Since the dump borders the continued onpage 9 ELS Invites All to Wild Walk on the Winter Side by Jack Luzier Are you fed up with Buffalo, winter, or both? Are you looking for some fun and excitement in your life? Do you wonder why some folks actually want more snow and cold weather? We have the "ticket" for you. The Environmental Law Society is sponsoring the second annual Cross-Country Ski Trip to Allegany State Park. Before you say "It's not for me," read on. It doesn't matter if you've never put skis on your feet or that you're not the "athletic type." Cross-country skiing is essentially no more than walking on top of snow. We had sev- eral first-timers last year who had a great time. Ask Sandy Wozniak or Jerry Goldberg, to mention a couple. The trip is scheduled for Sunday, Feb. 8, but if the weather doesn't cooperate, the "snow date" will be Saturday, Feb. 21. There will be a notice on the ELS bulletin board in the mailroom Feb. 6 if we need to go to the snow date or you can call me at 832-8112. Also on the bulletin board will be a sign-up sheet for the trip. Folks must sign-up no later than the morn- students are invited. However, spouses, consorts and friends are also welcome if we have room in the vans. Otherwise they can carpool. We will leave the Diefendorf Loop on the Main Street campus at 8:30 a.m. and arrive back at approximately 4 p.m. For those who don't know where that is, there will be a map on the bulletin board. There's a large parking lot there so folks can leave their cars at the departure/return location. The transportation and the skiing are free. However, if you don't have equipment, it costs For some folks, this may be your last chance to experience one of the unique advantages ofWestern New York, so we encourage people to join us. Besides, it's a blast! Hope to see you on the trails. Three Legal Writing Contests Offer Cash Prizes UB Law School has received notification of three writing contests open to all students currently enrolled in accredited law schools. In addition to publishing opportunities, all of the contests are offering cash prizes for the winning essays. I. American Bar Association, Section of Corporation, Banking, and Business Law. The section is sponsoring its second annual student essay contest. Contestants may write on any topic of interest to lawyers practicing in the areas of corporation, banking, and business law. Entries must be postmarked no later than April I, 1987. Ist Place 2nd Place The subject for the essay is "Does the allocation of power between the federal and state governments and among the branches of the federal government contribute to the preservation of individual liberty and the function of our government?" $10,000 Ist Prize $1,000 $500 $200 3rd Place An essay should not exceed 4,000 words and should not be less than 2,500 words, including quoted material and foot- 2nd Prize $2,500 $1,000 3rd Prize All entries must be post- notes. 11. West Publishing Company and the Commission on the Bicentennial of the United States Constitution. marked by April 15, 1987 and should consist of no more than 5,000 words, including foot- notes. 111. Fourth Annual Bankruptcy Articles Contest. Students interested in competing in this contest should review the Digest ofDecisions of Bankruptcy Court Decisions Publishing Co.) and perhaps consult with a bankruptcy law professor, a constitutional law professor, or a law clerk to a bankruptcy judge to ascertain areas of significant interest in bankruptcy law. Sub(CRR mitted articles should be no less than 25 typewritten pages and no more than 80 typewrit, ten pages (BV2 x 11"). Articles for the 1988 issue are due by October 31, 1987. ' Ist Prize 2nd Prize $300 $250 3rd Prize 4th Prize sth Prize $200 $150 $100 Law students who are interested in participating in any of these contests should contact Dean Newell in room 314 O'Brian Hallforfurtherinformation. Summer Legal Seminars Offered Abroad in Italy, Austria and France Students who wish to study comparative and international law in Italy, Austria and France this summer may enroll in the 1987Summer Seminars Abroad program sponsored by The Dickinson School of Law. \ Programs will be held in Flor- ence, Italy; Vienna, Austria and Strasbourg, France during the summer of 1987. Students enrolled in law schools accredited by the Association of American Law Schools or the American Cora Alsante Kathleen Benesh Cindy Bennes Shari Berlowitz Susan Bernis Michael Biehler Mary Casey Taryn Chapman John Christopher Jane Conrad The second summer session involves two consecutive twoweek sessions, the first in Vienna, beginning July 5, and the second in Strasbourg, beginning July 19 and concluding July 31. Two-credit courses in comparative constitutional and human rights law, comparative legal professions, and comparative procedure and dispute settlement will be taught by members of the Dickinson faculty and international legal scholars arid practitioners. Bar Association are eligible to apply for admission. Thefirst summer program involves four weeks of study in Florence, Italy, beginning June 8 and concluding July 3. European scholarsand practitioners will work with members of The Dickinson School of Law faculty to teach two-credit courses in comparative law, legal aspects of European economic integration, and transnational and comparative civil litigation. J°nn Manning Brian Martin Kenneth Neeves Maria Ogorek Mary Anne Oliver Da vid Petrick Susan Schoepperle Tom Theophilos Christine Tsai Camille Wicher Dana Young For more information call or write Dr. Louis F. Del Duca, Associate Dean for Advanced Legal Education, The Dickinson //lj //&/ School of Law, 150 South College Street, Carlisle, Pennsylvania 17013. Telephone: (717) 243-5529. SUMMER LAW STUDY IQPR ft 7 ' . ~„ Court Associate Moot n Board Members ". 4 -, Nancy Dean Karen DePalma Shelley Dropkin Randy Fahs MaryAnne Courtney Tom Freed ■* Julie Freudenheim Susan Gigacz Leslie Gleisner Laurie Green Barbara Johnson . Foreign Law Programs Univ. of San Diego School of Law Alcala Park San Diego CA 92110 SVll ITI Till " Jl (11 Ml 1.1 ■*'■<■; Call Free, Talk to an Expert A toll-free student financial aid information hotline and a live television call-in program will be the highlights of "Financial Aid Awareness Month" in January, Dr. Dolores E. Cross, President of the New YorkState Higher Education Services Corporation (NYSHESC) recently announced. The services are being jointly sponsored by NYSHESC and the New York State Financial Aid Adminis- trators Association (NYSFAAA). The student aid hotline, 1-800-367-2670, will be in operation from Jan. 5 30, weekdays, noon to 8 p.m. Students and parents may call toll-free - and speak to financial aid experts on any aspect of student financial aid. The live television call-in program, featuring Dr. Cross and George Chin, president of NYSFAAA, will be broadcast on most Public Broadcasting Service stations in New York on Wednesday, Jan. 7, at 9 p.m. (The PBS program will be aired on Jan. 14 at 11 a.m. on WNED.) Dr. Cross and Mr. Chin will discuss the various forms of student aid, explain how to apply for assistance, and answer questions from viewers who call the toll-free number which will be broadcast during continued on page 11 \ 41} Seventh Avenae. Mte 62 New V«k. New Vtfk 10001 (211)594-&* (H>l) bli 33*3 January 28, 1987 The Opinion f 5 �I' Reality of Racism as a Criminal Act: Impact on a Legal Career Decision — opinion , STKTE UN7VBRSITy OF m. by Daniel Ibarrondo In the summer of 1979, a Puerto Rican youth with a his- VtM TrORK ATBi.TFALO SCHOOUCF LAW January 28, 1987 Volume 27, No. 8 tory of mental disorder was pumped with 16 bullets by four New York City police officers. Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Features Editor: Business Manager: Photo Editor: Irlelle Abrams Kevin O'Shaughnessy Each police officer shot four bullets into this young man's body because he attacked one of them with a pair of scissors. I was a pre-medical student at the University of Puerto Rico before arriving in the United States in 1978. My intention was to continue medical studies at Fordham University. The above incident was a turning point in my career decision. My counselor at Fordham University couldn't understand my reason for a career change after examining what appeared to be a promising future in the medical profession. Not knowing the Puerto Rican situation in the mainlandand having been confronted with news stories such as the above, reality dictated that police officers, and not cancer, were the major killer of Melinda K. Schneider Paul Hammond Layout Editor: Susan Clerc Staff: Zulma A. Bodon, Diane Dean, Brett Gilbert, Kathy Peterangelo Johnson, Shelley Rene Rice, Lisa Strain. Contributors: Vicki Argento, Dolores E. Cross, Daniel Ibarrondo, Jack Luzier c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published everytwo weeks during theacademic year. It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. Editorial We Want Wade! my people. The headline news in the New York Post and local Black and Hispanic newspapers continued with stories such as the death of Victor Rhodes, a 16-year-old stomped into a coma by Hasidic students in Crown Heights in 1978; the death of Arthur Miller, a civic leader killed by police officers in 1978; the death of Willie Turks, a Black transit worker killed in 1982 in the Gravesend section of Brooklyn by white youths; the Eleanor Bumpers case; and the stabbing of Gary Moy, an Asian Recently, there has been a petition circulating throughout the Law School suggesting to the Dean Search Committee that it consider Wade J. Newhouse for permanent dean. We at the Opinion applaud this grass-roots movement and would like to add our voices to the growing chorus of positive sentiment that has already been expressed. Clearly, Newhouse is the man for the job. He's been here for 28 years and knows the place. He's attended countless faculty meetings and served on innumerable committees, and is thoroughly familiar with the internal workings of the Law School. He's served in a number of administrative posts and was largely responsible for the Law School's move to O'Brian Hall and the burgeoning of the Jaeckle Center State and Local Government program. He's a first-rate scholar, extremely knowledgeable in the areas of constitutional law, school law, and state and local government. He knows the alumni and has the affable disposition which is so necessary for soliciting donations to the Law School. man, by white Brooklyn youths earlier last year. I decided that the study of law was necessary in order to protect my commu- nity against police Given the above, one has to wonder why the Administration chose to resume the search for outside candidates at all. The old committee spent two years sifting through hundreds and hundreds of names, only to invite seven candidates to interview here (four of whom withdrew and three of whom the committee de- perienced. I thought the study of law and cided it didn't like after all). the isolation that Buffalo provides would give me the peace of mind to contemplate on these matters and the plight of Appointing an outside candidate a year down the road who is totally unfamiliar with the Law School does not, to our minds, make sense especially when we have someone from within who is so qualified. — the Puerto Rican community. However, I found myself a vie- To quote the petition: "... Professor Newhouse has been an outstanding member of the Law School faculty for 28 years. His service to the Law School and local legal community is beyond reproach. Equally, his performance as the current Acting Dean has been outstanding. Professor Newhouse has restored student spirit and student confidence in the Law School administration. Law students are, once again, beginning to feel good about our .. ... I We Want Wade! j If you agree, cut out this ballot and drop it in the SBA ballot box in the mailroom. [ □ I want Wade J. ■ Newhouse to be considered for permanent dean of the UB Law School. L Yes, J 1987 Page sixOTp2hinJa8oeu,ry The Opinion January 28, 1987 I Man." The incident haunted me well into the week beforefinals when the matter was adjudicated with a prefabricated guilty sentence. As sat in the waiting room after the verdict was made, it dawned on me that lawyer or not these incidents will not cease to happen. There is no justice; it's just us! In the Law School itself I realized that racial divisions and racial graffiti in the classrooms and bathroom stalls will not end. The anxiety of first semester exams culminated with the news of the death of Michael Griffith in the Howard Beach section of Brooklyn on December 20. I wondered whether New York State legislators and government representatives in Washington, D.C. are aware of the Buffalo Model. Do law courses exist in how to protect oneself against racial discrimination and violence? Fundamentally, racism and discrimination could not be maintained except through enforcement by the government. This concept may be difficult to understand because we view the government as an entity with a potential force against discrimination. Some may argue that the times have changed and the situation is no longer the same given the many social and economic reforms that have been made in the last 25 years. It hasn't changed much; it's the same problem wearing a different dress. I believe that racism should be outlawed. While the social and economic reforms have been beneficial, it is also necessary to change the law to adapt to socioeconomic changes in our society. Many forms of discrimination are illegal, but not felonious. Nobody has ever been imprisoned for discriminating against a Black, Hispanic or Asian, for insulting him verbally, for slandering his race; and very few have been penal- I ized for assaulting or even murdering a Black, Hispanic or Asian. Racism, in any form, must be made a crimefor which individuals are punished severely. Police officers who unnecessarily shoot and kill nonCaucasians should be subject to the same penalties as all other murderers. It is said that you can't legislate human nature, or compel people to shedtheir prejudices. It is said that in this racist society no person is wholly free of racist prejudices. But you can compel rational people to restrain and contain racism, just as the great majority of people are compelled by the power of law to restrain impulses to steal, to assault hostile people, and commit other legally criminal acts. It can just as well be said that no person in this society is wholly free of criminal ideas in some form or other, in some degree of intensity. But the great majority have the common sense to repress such tendencies, and they tendto become vestigial aspects of consciousness. Similarly, a legal prohibition against racist actions and expressions will inhibit and repress racist ideology, and help lead to its gradual decline and ultimate disappearance. We first year students were told by our professors to contemplate on the study of law and what it meant to us. It dawned on me that we law students carry a large measure of responsibility. The process of justice is in large part the measure of decency of a society. We as law students and eventually practicing attorneys, must concern ourselves with other matters of our society whether we work in public interest firms or private practice. It is only fair that we, who will make our livelihoods from the legal profession and the judicial process, should act as its guardian within the scope of making a decent society for all. After all, if lawyers are not morally obliged to carry this responsibility then who is? Magazine Looking for Articles Law School. We are confident that once the Dean Search Committee carefully examines his record of performance, it will, as we have done, come to the conclusion that Wade J. Newhouse should be the permanent dean of our Law School." I In brief brutality, racial violence and discrimination. The study of law would also protect me against injustices that I have personally ex- Tim of the racist attitudes of two Buffalo police officers in a trumped-up traffic violation. think they must have just finished seeing the movie "Soul In the Public Interest, a collectively-published review of law and society, is currently seeking articles for publication. The magazine is committed to printing articles which examine legal issues in their social, historical, and political contexts. The magazine has been in existence for six years and is distributed to law libraries, public interest law firms and organizations all over the country. The magazine's main source of material has generally been seminar papers by law students, but it is also interested in receiving work by faculty members and law practitioners as well as writings from theperspectives of other disciplines. In the Public Interest is look- ing for well-written and researched papers which discuss public interest law subjects. If you would like to see your papers in print or are aware of seminar papers which should be published, please let us read them. Last year we were able to publish about one-fifth of the material we received. The authors of those papers we do publish will have an opportunity to revise theirarticles while working closely with the editorial staff of the magazine. Keep the possibility of publication by In the Public Interest in mind when selecting research topics in the future. All manuscripts for submission must be received no later than January 30. To insure anonymity, manuscripts should be labeled with social security numbers only and placed, along with a sealed envelope with your social security number on the outside and your name, box number and phone number on the inside, in the Center for Public Interest Law box in the third floor mailroom or the envelope outside our office in room 118. First or rough drafts are acceptable. For more information about publication, or if you are interested in working on the editing and publication of the magazine, contact Sara Nichols or Molly Dwyer, co-editors-inchief. Confused Kitty Lover Speaks To the Editor: What's all this fuss and scuttlebutt I've been hearing in the halls about CATS and KITTY-PORN? I mean really, what's the big deal? So what if there supposedly are photo- graphs of nude kittens lounging luxuriously. Why on earth would people get into such an uproar and want to condemn someone for such pictures? We've probably all seen one at some time or another. If there really is something fishy in Denmark, why should the in- volvement of CATS bother or surprise anyone? Belina Anderson �The Boy Mechanic Professor Katz: Publish or Perish I first met Professor Al Katz during the Fall semester of 1983. I was an undergraduate at UB taking a course in Com- thefact that Professor Katz has written several unpublished academic monographs dealing withissues in pornography. Mr. Ragan appears to be an extremely devout follower of the academic maxim, "Publish or Perish." The Buffalo News reported that during sentencing, Justice Marshall stated "You and I and the president of the United States are not above the law." Obviously, Justice Marshall is not a diligent student of American history. Presidents Lincoln, Roosevelt, and Johnson are just a few of our leaders who have chosen to ignore an amendment or two during their reigns. It isalso obvious that his honor has not picked up a newspaper or watched a television set for several months (oh, thats right... It was all Ollie North's idea). In addition. Justice Marshall asserted that Professor Katz was a "fool who didn'thave the guts to recognize (his) problem." If Justice Marshall truly believed that Professor Katz had a "problem" withchild pornography, his punishment was absolutely ludicrous in light of the crime. Psychiatric treatment would seem to be a far more appropriate solution to the "problem" than 30 days in jail and a $1,000 fine. Justice Marshall chastised Professor Katz's research meth- munication and the Law. Professor Katz lectured for nearly an hour on the history and the issues involved in pornography. He discussed the court's conflict between legitimate and illegitimate forms of expression (Mark Twain wrote sexually explicit novels for private commissions: Art or Pornography?). It was one of the most interesting and informative lectures I have ever witnessed. On Tuesday, January 21, Professor Al Katz was sentenced to 30 days in jail and was fined $1,000 for pleading guilty to a misdemeanor obscenity charge involving child pornography. State Supreme Court Justice Frederick M. Marshall dismissed Professor Katz's academic research defense as "not believable." The district attorney's office admitted that the photograph Professor Katz was accused of mailing was not taken by him. A police search of Professor Katz's home failed to produce any evidence that he was involved in the production of child pornography. Prosecutor William Ragan's assertion that Professor Katz has never "published a single article in any publication about child pornography," obscures .. ods calling them "unorthodox". Research involving aspects of human sexuality frequently requires unorthodox research methods. I do not condone child pornography or the lowly individuals who produce it. Both are recipients of my undying disgust. However, my strong feelings concerning child pornography do nothing to alter itsexistence. Child pornography is a complex phenomenon. In addition, it is a profitable business with a receptive market. If the presence and appeal of child pornography are to be understood and dealt with, the subject must be studied in depth withoutfear of public or judicial reprisal. The local vanguard of free speech, the Buffalo media did their usual stellar job of informing the public. The three televi- sion stations "covered" the ar- rest. This consisted of filming Professor Katz after his arrest and saying the word "kiddy porn" as often as possible. The Buffalo News wrote several articles concerning the arrest. My favorite part of their coverage was the carryover headline"SMUT" (even though the word never appeared in the article). I get the feeling the News would rewrite Doonesbury if itcould get away with it. Even the Spectrum got in on the action, in a December 5 editorial the Spectrum called by Kevin O'Shaughnessy for a University investigation into Professor Katz's case. They seemed to be calling for a second trial, one conducted after the state's by his employers who also happen to be the state. The Reagan Youths over at the Spectrum seem to feel teachers should be tried twice for misdemeanors. Professor Katz's central offense, of which he is certainly guilty, is the crime of being different. Many individuals disagree with the way he lectures, dresses and behaves. This might explain the expensive three year investigation by the district attorney's office, the postal inspectors, and the one man Salacious Literature squad (a one-man squad?). A three year investigation that pro- duces a misdemeanor conviction? The district attorney's office appears to be either inept or vindictive. You might want to ask District Attorney Richard Arcara (and the five former students of Professor Katz that are members of the district attorneys office) the answer to that question. The most intriguing aspect of the sentencing was the spawning of the "hoodwinked" theory of criminal justice. Justice Mar- shall dismissed documents written on Professor Katz's behalf by members of the UB law faculty on the grounds that Katz SBA Briefs had somehow "hoodwinked" them into believing his inno- cence. I was unable to find the elements of hoodwinkery in McKinney's, apparently but Justice Marshall sees Professor Katz as a jurisprudential Rasputin. This is a truly "unorthodox" method of discrediting character testimony. Law Professor Alan Freeman told me, "He (Professor Katz) has been writing and researching pornography for several years." Professor Freeman did not appear to be hypnotized or hood- winked. To put it bluntly, it stinks! The concept of academic freedom took a beating in the courts. The legal dobermans in the district attorneys office will pat each other on the back for a job well done. Justice Marshall will sleep soundly believing he put away a foolish man with a "problem." Professor Katz will, at the end of his spring semester, spend thirty days of his life in jail and pay his fine. He is suing Districy Attorney Richard Arcara for $150,000. I hope he wins. More importantly, I hope he publishes an article or writes a book dealing with his research and his experiences. But until that happens we will have to let history decide who the real gutless fools were. by Brett Gilbert Phones, Fees, and the World According to Brett by Brett Gilbert Hello, everybody, and welcome back. Only one more semester for one-third of us. I never thought I would say this, but I cannot wait to get out of here. My condolences to those of you who have more than 15 weeks left in your sentences. I have a few things to report to you some good and some not so good. TELEPHONES. The telephones of all student organizations were disconnected by the University during exam weekof last semester. The reasons for this will be more specifically set out by Vicki in an accompanying article; however, in brief, the disconnection resulted when the telephone office claimed the SBA owed them about $4,000 or so from unpaid phone bills, some dating back a year or more. I did not want to pay this bill until we were sure we owed it, so Vicki made an incredibly thorough check of all the back records we had in the office. Well, this proved to be no easy task, but Vicki did it. Now, not only do we have the neatest set of files around, but we do, indeed, owe the telephone office about $4,000. Unfortunately, that office was not willing to wait for us, so they disconnected the phones. My real apologies to those organizations (especially The Opinion) that were inconvenienced because of this. Needless to say, any blame rests with me, but I was not going to turn over that much money without being sure about it. YEARBOOK. A $2,000 debt that was incurred by the printing of last year's yearbook was not paid out of last year's SBA budget like it should have been. Hence, it must come out of this year's budget. I tell you, a lot of old bills from previous years are being unearthed and it is not making it very easy on our financial situation. A real pain — in the ass, I must say. ACTIVITY FEE. During one of the final SBA meetings of the Fall semester, the Board of Directors voted to increase the Law School Student Activity Fee by $5 per semester. How- ever, a student referendum on the increase will be held on February 12 and 13. We are waiting until the second issue of The Opinion is published so that all views on the issue can be aired. The SBA Board of Directors stipulated that since third year students are not going to be affected by the increase, they should not be permitted to vote. Only first and second year students will participate in the referendum. The financial need for the increase is real. The debts incurred because of the phones and the yearbook have wiped out over six thousand dollar off-thebooks unallocated emergency account which Sub Board requires us to maintain. This fund must be repopulated. Several new student groups have been created over the past several years and they have the right to obtain SBA funding just like the old groups. Diversity is a valuable commodity we should be willing to maintain. Additionally, many students are interested in attending vari- ous legal conferences around the country and they deserve to be supported by the SBA. These students help make our Law School more visible within the legal community, thus benefiting all of us. However, the SBA budget is not currently equipped to adequately handle such support. Anyway, I encourage all students who feel strongly about this issue, one way or the other, to write letters to The Opinion so that all views can be heard. Do so soon. The copy deadline for the next Opinion is Monday, February 2 at noon. SBA VACANCIES. Two members of the SBA Board of Directors missed four consecutive meetings during the Fall semester and according to the SBA Constitution, are automatically out of office. We, therefore, must replace them. If you are a second or third year student and want to get involved with, among other things, planning the SBA parties for this semester, pick up a petition on the SBA office door. LATE GRADES. Remember, the faculty has established a new policy which requires professors to turn in their grades by February 15. If February 15 comes and goes for a class of yours, feel free to mercilessly annoy and harangue your professor for unprofessional conduct. SBA PARTIES. A number of parties are being planned by SBA Social Chairwoman, Robin Miller. They include the "Suit- case" Party (someone will win a weekend on a tropical island), the 87 Days Till Graduation Party, a Pep Rally for Wade's Warriors, a possible dinnerdance, and maybe one or two more. In addition, we are thinking about a "Senior Week." Since there is a week between - - - the end of exams and commencement, we thought it might be fun to have a different event for each day, with a bonfire-type party out on Baird Point to wrap everything up. We'll keep you informed as plans develop. Well, that is about it for now. Hang-in there and remember, "you have to fight for your right to party!" by Vicki Argento From the Treasurer Bleak Depleted Funds, Outstanding Bills Color Financial Picture travel expenses for on the which M. There really is only one thing to say about the SBA financial picture and that is that it's bleak! The biggest expense the SBA has at this point is the backlog of unpaid telephone bills. This backlog is mainly the result of the University failing to bilKus for about a year, then billing us last spring for a year's worth of usage. Another problem was the fact that these phone bills were scattered throughout the SBA office, making it almost impossible to determine what we owed. Finding and organizing these bills proved to be a very time consuming task. Before this was accomplished, the Telecommunications Office shut off all student organization phones. Since that time I have substantiated the claims of the Telecommunications Office. We do indeed owe them approximately $6,600.00. I have paid $3,584.40 of this. I hope to have at least some of the phones turned back within the next few weeks. I am very sorry for the problems this has caused. In addition to the phone bills, the SBA has paid a $2,100.00 bill for the 1985-86 edition of the yearbook. This bill should have been paid last year. The SBA has also paid several bills from last year's commencement be- cause the 1985-86 commencement committee overspent its budget by about $400.00. Due to the payment of these bills. funds are reserved by the SBA for emergencies are all but depleted. Each year the SBA faces emergency situations which require that we bear the burden of unexpected bills. This year the problems have been more critical than has been the case in years past. Each year theSBA also attempts to improve the quality of student life by contributing money toward new projects, funding new organizations, and by partially paying law students who attend conferences. Within the last two years the SBA has funded three new organizations (Law School Yearbook, Peer Tutorial Project, and Asian Law Students Association). The SBA has also "refunded" two groups which had been inactive for several years (Entertainment Law Society and Parents Law StudentAssociation). During the past semester the SBA has also contribcontinued onpage y January 28, 1987 The Opinion 7 �I IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. I So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or I I I second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. I I I I I I I I I For more information see your Pieper Representatives or telephone (516)747-4311 li si PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN 8 The Opinion January 28, 1987 MARIA LOTEMPIO AMY MURPHY DONNA SIWEK «ii l|| 111 'IHII AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE ' I I I I �Reagan Threatens Major Cutbacks in Student Aid by Dolores E. Cross On January 5, President Reagan released his fiscal year 1988 budget proposal for Congressional consideration. The budget contains dramatic changes for the student aid programs used by thousands of NewYorkers each year to meet their college costs. Overall, the President's budget wouldeliminate an estimated 350,000 federal awards worth $500 million for New York students. The Guaranteed Student Loan (GSL) program, the largest financial aid program, would be particularly hurt by proposals to increase interest rates and fees paid by students and to reduce government support provided to lenders and guarantee agencies. The GSL program, which now provides nearly $760 million annually to New York students, would be reduced by an estimated 45 percent. Several other Title IV financial aid programs would be eliminated entirely and the budget proposes to stiffen student eligibility requirements and increase family contribution rates. Congress must now review the President's proposals and act on them, including authorization and appropriation legislation, before any of the President's budget can be implemented. I urge you to use this time period to contact your elected representatives and express your opinion of the proposals. The following describes the major student aid proposals contained in the President's budget and estimates their impact on New York State. If you have any questions or would like additional detail, please contact Peter Keitel, Executive Vice President (518-474-5775) or Charles Treadwell, Program Specialist (518-474-1549). A. General Provisions Affecting Student Eligibility The following proposals would apply to all Title IV programs: 1. To receive any federal student aid, a high school diploma or its equivalent would be required of students by the end of their first year of postsecondary education or by the end of their program, whichever came first. The "ability to benefit" option now available to schools, and recently redefined within the reauthorization of the federal Higher Education Act, would be eliminated. 2. The federal definition of financially independent student would be revised by: (1) requiring students claiming indepen- dence who are below age 30 to submit copies of parental tax returns as documentation of tax dependency status, (2) requiring those below age 23 also to provide documentation of self-sufficiency, (3) basing all student "in- dependence" determinations on traditional parental support and tax dependency criteria and, (4) repealing the institutional discretion recently provided by the reauthorization of the federal Higher Education Act. 3. The "30 percent limit" on Title IV aid applications that must be verified would be repealed. B. Guaranteed Loans In federal fiscal year 1986,3.6million loans (student and parent) worth $8.6 billion were made nationally, with New York State accounting for 344,000 loans worth $825 million. The President's proposed budget would make major revisions to the loan programs, beginning July 1, 1987.The proposed changes would reduce Guaranteed Student Loan volume by an estimated $340 million in New York State through the elimination of 140,000 loans. The specific proposals are as follows: Guaranteed Student Loan Program (GSLP) 1. Annual and cumulative loan limits would be returned to their pre-reauthorization levels. The increased GSL loan limits implemented on January 1, would be repealed. For example, the cumulative limit on graduate and undergraduate borrowing would again be $25,000 instead of $54,750. 2. The federal interestsubsidy payment to tenders on behalf of borrowers during in-school, grace and deferment periods would be eliminated. In addition, the interest rate charged to borrowers would be the average 91-day Treasury bill rate (for the previous year) through the first two years of repayment, after which the interest rate would be reset by the lender, either fixed orvariable, up to the 12 month 91-day Treasury bill rate average plus 2.75 percent. '^111111111111111111111111111111111l Student costs of borrowing would increase. Lender costs would increase as well with the need to adjust administrative systems to accommodate multiple interest rates. The overall result could likely be increased defaults by students and loan access problems caused by lender withdrawal. 3. A new 9 percent guarantee fee would be charged to student borrowers in lieu of the current 5 percent loan origination fee. SBA Ousts Basel, Steiger I by Susan Clerc The Student Bar Association will hold an electionfor onesecond-year directorand one thirdyear director on February 12 and 13. The offices became vacant when second-year director Nancy Steiger and third-year director Larry Basel were dropped from the SBA for repeatedly missing scheduled meetings. According to President Brett Gilbert, SBA members are informed at thebeginning of their terms that they will be removed from office if they consistently fail to attend meetings. Under the SBA constitution, said Gilbert, dismissal is "automatic" after fpur consecutive absences. Basel and Steiger could not be reached for comment. Second and third year students interested in running for office can pick up petitions at the SBA office, 101 O'Brian. Signatures of 10 percent of the candidate's class, approximately 30 people, are required. Petitions must be returned to the SBA by 5:00 p.m. on Thursday, February 5. If only one valid petition per position is filed, no election will take place. Second year students are particularly urged to participate. "If you know any good second years," pleaded SBA Vice President Jack Luzier, "tell them to run." This new variable guarantee fee will increase student costs. For example, a graduate student (annual $7,500 maximum) would pay $675 in guarantee fees, an increase of $300 over the current origination fee. borrowing '-p-'-11111111111111111111111111111111111l Lender yield will be reduced 50 basis points. This would compound the effects of a recent 25 basis point reduction through reauthorization. Many lenders would likely re-evaluate their student loan portfolio given the increased administrative costs brought about by reauthorization and reconciliation legislation, and many would likely withdraw from the program because of reduced net yield. more and pay sooner for their In federal fiscal year 1986, the Pell Grant program provided $3.58 billion in awards nationally, with New York State receiving an estimated $460 million for over 308,000 recipients. The President's FY '88 budget proposes funding of $2.71 billion for FY '88, 24 percent below FY '86 funding levelsand 31 percent below FY '87 appropriations. Specific proposals to change the Pell Grant program include the following: each $5,000 income increment) to 20/30/40 percent. Independent student assessment rates would increase from 75 percent to 90 percent (single students) and from 25 percent to 70 percent (married students or those with dependents). — tive allowance paid to postsecondary institutions. ""P^llllllllllllllllllllllllllllllllll The President proposes to initiate a large-scale Income Contingent Loan (ICL) program to replace the Perkins Loan Program. The ICL program was created by the Higher Education Amendments of 1986 and funded by Congress at $5 million for FY '87. The statute provides for a continued small scale program followed by an evaluation before the program is either continued New York State would lose an estimated $111 million in Pell Grant benefits in FY '88 through the elimination of 82,000 recipients. Changes in the need analysis formula would generally eliminate the eligibility of students and families with incomes over $20,000, as compared to the current "typical family" cutoff of $28,900. or expanded. For FY '88, the President proposes $600 million in new federal capital contributions to the Income Contingent Loan Program; New York State's share of that new funding is estimated to be $50 million. D. Other Programs Four major Title IV financial aid programs would be terminated, beginning in the current 1987 fiscal year: 1. Supplemental Educational Opportunity Grants (SEOG) *""«"■ In FY '86, the SEOG program provided $395 million with New York State receiving an estimated $31 million for 54,000 students. For FY '87, which funds the 1987-88 academic year, New York State would lose an estimated $17 million in Perkins Loans funds, or roughly 90 percent of federal funding expected for that year. Assuming Congressional approval of the requested ICL new program funding, New York would realize some increase in direct loan federal capital contributions in FY '88. However, the ICL program appears to structure longer loan repayment periods for low-income college graduates thereby ironically increasing the amount of interest paid by low-income students and, thus, increasing the cost of their borrowing. A 100 percent recision is requested for FY '87 by President Reagan and no funding is requested for FY '88. 2. College Work-Study (CWS) In FY '86, $567 million in federal funds was made available nationally, with New York State receiving an estimated $47 million for 64,000 students. A 100 percent recision is requested for FY '87 by President Reagan and no funding is requested for FY '88. would be extended to include all eligible students (both depen- From the Treasurer of money the SBA will.be able For FY '87, the President proposes to rescind $188 million of the program's funding and request only $22 million in funding for cancellation payments. Similar small payment requests are made for FY '88. Repealing the five dollar per recipient Pell Grant administra- 2. Supplemental Loans for Students (SLS) program eligibility There are many projects planned for the spring that the SBA hopes to help finance.The current status of the treasury will severely limit the amount In FY '86, the federal government provided $209 million in capital contributions to fund new loans, with New York State receiving an estimated $19 million. Using these funds in conjunction with institutional revolving funds created through collected loans, New York postsecondary institutions made an estimated 71,000 low-interest loans. contribution by raising in- Families would have a higher proportion of unsubsidized loans in their financial aid package thereby raising their costs. penses for two students to attend two different conferences, donated money to the Campus Child Care Center, co-sponsored a conference on Family' Violence and paid the basketball tournament entry fee for Wade's Warriors. NDSL) come assessment rates for dependent students from the current 11/13/18/25 percent (on 1. To compensate for restrictions proposed to GSL loan limits, uted toward the travel ex- 4. Perkins (Direct) Loans (Formerly Increasing the expected fam— ily Parent Loans for Students (PLUS) and Supplemental Loans for Students (SLS) PLUS and SIS loan limits would be eliminated. nmiiiiiiiiiiiiiiiiiiiiiiiNiiiiiii SSIG funds are used by New York State to offset costs of its Tuition Assistance Program (TAP). As TAP is an entitlement program, providing awards to all eligible students, State taxpayer costs would increase by over $6 million annually to replace the proposed elimination of SSIG funds. C. Pell Grants ""P^IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Increased guarantee agency costs estimatedtobeal most $14 million annually in New York State. To meet these losses, the Corporation would likely have to raise insurance premiums paid by borrowers. A 100 percent recision is requested for FY '87 by President Reagan and no funding is requested for FY '88. cent). Increased costs to guarantee agencies and possibly to lenders. ""P^llllllllllllllllllllllllllllllllllllll In FY '86 the SSIG program provided $73 million nationally, with New York State receiving over $6 million. borrowing as SLS repayment begins within 60 days of loan disbursement at a higher interest rate (currently 10.03 per- 5. The federal governmentreinsurance of guarantee agency insured loans would be limited to 90 percent of default claims, with the reinsurance level for any year dropping to 80 percent or 70 percent depending on the ratio of each agency's cumulative net defaults to the cumulative amount of loans in repayment at the end of the previous year. 6. The guarantee agency administrative cost allowance (one percent of loans guaranteed) would be repealed. In addition, the guarantee agency reimbursements to cover default collection expenses would be reduced. /"./^iiimiiiiiiiiiiiiiiiiiiiiiiiiiiiniii (SSIG) Families that replace lost GSL cent would be paid to lenders only through the second year of the annual average of 91-day Treasury bill rates plus 2.75 percent. No special allowance would be paid beyond the second year of principal repayment and no special allowance would be paid on consolidation loans. 3. State Student Incentive Grants eligibility with SLS loans will pay 4. A special allowance of 2.75 perprincipal repayment. The resulting yield would be reduced to dent and independent, graduate and undergraduate) and to spouses of such students. continued from page 7 to distribute. The problem that has arisen is that each year the SBA is trying to do more and more with the same amount of money. The student activity fee has not been raised in several years. Unless the student activity fee is increased, the SBA will be unable to sustain the organizations currently active, deal with emergencies and contribute to new, worthwhile projects. I urge all concerned students to support the movment to increase the student activity fee. n iilllllllllllllllllllllllllllll! ~ : Love Canal i continued fnym page 5 river. Reverend Brewster said, the dumping which Occidental Corporation is presently carrying out at this siteis "equivalent to dumping it right into the river." ETF is working now to have this site declared hazardous and qualify for remediation, and to ensure thatcontinuous attention and citizen input will be given to any future decisionsaffecting those areas. Lisa Strain is president of the Environmental Law Society. January 28, 1987 The Opinion 9 �The Best Course Of Action. Stanley H. Kaplan has students for nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and others. Over 110 permanent centers nationwide open days, evenings and weekends. - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake charge. Prepare with Confidence I OiIHIB I CALL TOLL FREE 800-343-9188 800-223-1782 10 The Opinion January 28, 1987 I �Past Year's Phonathon: A Spectacular Success Phonathon '86 generated approximately $50,000 in pledges thanks to the dedication and enthusiasm of more than 85 Robin Checkla solicits support. — Photo courtesy UB Law Forum alumni and student volunteers, according to Sharon Fine, graduate assistant for development. She said over 80 percent of alumni who were contacted agreed to makecontributionsto the Law School. The Phonathon, a key event in UB Law School's fund-raising campaign, is conducted every Fall under the guidance of Associate Dean Alan Carrel and Ms. Fine. Fine said over the years, telephone calls have beenfound to befar more effective fund-raising tools than "impersonal letters." This past year's Phonathon was conducted during six different nights in November at the lawoffices of Jaeckle, Fleischmann and Mugel. The Phonathon has become so successful that Carrel and Fine said they plan to expand to 10 nights next year, so that a greater number of alumni can be contacted. "We hope that those of you who have shown dedication as student Phonathon volunteers will continue to assist the Law School after you graduate," Fine said. Since the Law School is only state-assisted and not statesupported, Fine said, "We rely heavily on the generosity of our alumni and friends in order to operate effectively." Private gifts help to finance programs such as the Career to key foreign policymakers, in Congress, the White House, the Departments of State and De- views of experts from the government and the private sector. Check local newspapers for listings of dates and times. The Christian Science Monitor is offering a series of eight articles on the Great Decisions '87 topics written by CSM correspondents. In the Buffalo area. Great Decisions groups are being formed by the Buffalo Council on World Affairs, Inc., the Jewish Center, the Amherst League of Women Voters, the American Association of Uni- Development Office, Moot Court, Trial Technique, the Dean Search, faculty recruitment, research assistants, li- brary resources, and emergency loans for students. Carrel said he appreciates the continued commitment of alumni and student volunteers, and is especially impressed by the number of students who have joined the campaign in recent years. Phonathon volunteers received a complimentary dinner for their help. Program Explores Constitution and Foreign Policy by Shelley Rene Rice "By what we do and by what we leave undone, each of us has a genuine effect on history. Each of us makes a difference, and each of us is to take this responsibility to heart. Democracy will not work unless we do." Arnold Toynbee, a British Historian. Foreign policy issues are an integral part of our daily lives. Not a day goes by without some media coverage of some foreign policy issue. Wouldn't you like to know thereal facts, or at least be more informed? If we as future policymakers and leaders are to make enlightened, intelligent, responsible decisions that will affect citizens of the United States and the world, the need to be betterinformed is critical. Increase your understanding of a wide range of critical world developments and their consequences for every American by participating in GreatDecisions '87, a study/discussion group. The GreatDecisions'B7briefing book (a mere $6 investment), written by the Foreign Policy Association, will provide the only material needed to take part. Great Decisions provides clear, nonpartisan information on vital foreign policy issues. It fosters public discussion, awareness and an increase in public participation in foreign affairs. Great Decisions '87 will celebrate the Bicentennial of the United States Constitution by featuring as its first topic "The Constitution and Foreign Policy: The Role of Law in International Relations." The article discusses why the founding fathers, in 1787, chose America's unique system of government; how their decision to divide foreign policymaking responsibility among the executive branch. Congress and judiciary has influenced recent decisions on military action and treaties; and how the Constitution has affected the United States compliance with international law. Each of the other seven articles pays special attention to provisions in the United States Constitution that affect the particular foreign policy topic. The Foreign Policy Associa- tion was founded in 1918 but launched the first Great Decisions program in 1954. This is the 33rd year of this national, nonpartisan study/discussion program offering an opportunity to become better informed on eight of the most important foreign policy issues facing the United States. The Foreign Policy Association strives to present facts impartially. Before publication, each manuscript is Phone Phiasco The remaining $3,015.60 represents calls and equipment charges which have accrued since May, 1986. Payments for the more up-to-date phone bills must come from money which SBA does not currently have. Unallocated money normally exists in the form of the Beginning Cash Balance, which represents the surplus funds of the previous budget year. From this sum, which initially totalled $9,000, SBA had to pay off the debts of last year's Commencement Committee, which went considerably over-budget, and the debts of the yearbook. SBA also paid off the back-logged telephone bills, leaving only about $2,000 in the Beginning Cash Balance. Frederick Wood has indicated that telephone service will not be restored until SBA's bill is paid in full. Although he maintains that he "[does not] like to terminate people's service," reviewed by at least four outside experts for accuracy, interpretation, balance, organization, clarity and objectivity. The Foreign Policy Association presents varied, recognized policy options but does not advocate any. It informs and interprets, but it does not take sides. It presents history of world affairs as well as a digest of current events. It not only tells what's happening, but why and what it means to you and to the country. Great Decisions encourages citizens to study the facts, be receptive to a broad spectrum of views, and draw their own informed conclusions. The participants in the Great Decisions program can let the nation's leaders know what they think the course of the United States foreign policy should be. After reading and discussing the background information and options for United States policy on each of the eight topics, participants are invited to express their own views on the opinion ballots which are bound in the Great Decisions book. The opinion ballots are sent to the Foreign Policy Association where the nationwide results are tabulated. The National Opinion BallotReport is prepared withthe assistance of public opinion analysts and copies of the report are sent SBA simply had "too much money outstanding," and the phones had to be turned off. However, both he and Michael Day indicated that they might be willing to negotiate a system of payment. Although several warning letters were apparently sent to SBA, the Executive Board thought that further investigation of the bills was in order. "It was unfortunate," remarked SBA President Brett Gilbert, Toll Free the one hour program. "Governor Cuomo has proclaimed January 'Financial Aid Awareness Month' in New York to encourage students and parents to get the facts about all sources of financial assistance for the costs of higher education," said Dr. Cross. She added that January is the month when current and prospective studentsshould begin applying for federal and college-sponsored financial aid for the 1987-88 academic year, which begins on July 1. New financial aid applications for the coming school year are now available continued from page $ in high school guidance and college financial aid offices throughout the state. "The sooner the student applies, the better his or her chances are for receiving aid on a timely basis," Dr. Cross said. In proclaiming January Fi- nancial Aid Awareness Month the governor stated: "Access to postsecondary education is important to New York's future as a citadel of higher education and as a center for the developIt ment of high technology is fitting that the state with the first and currently largest stu- ... dent grant, scholarship and loan program recognize the importance that such assistance plays in the access, choice and utilization of postsecondary education." In addition to the hotline and television program, NYSHESC and NYSFAAA will sponsor a state-wide series of free financial aid seminars for students and parents. The schedule for the seminars is: Wednesday, Jan. 28 7 p.m. at Kensington High School and Thursday, Jan. 29 7 p.m. at Grover High School. — — fense and the nation's media. This is one way "We The People" can help shape foreign policy. During February and March, in- dividuals of different communities and walks of life will meet to study and discuss the eight foreign policy issues analyzed in the Great Decisions '87 book. National radio and television programs on the Great Decisions '87 topics will be aired nationwide, featuring versity Women, and also at the Unitarian Church in Hamburg. TENTATIVE DATES AND TIMES Topic 1 Tues., Feb. 3 5 p.m. .... 5 p.m. 3 Tues., Feb. 17 .... 5 p.m. 4 Tues., Feb. 24 .... 5 p.m. Topic 2 Tues., Feb. 10 Topic The Constitution and Foreign Policy: The Role of Law in International Relations Defense andthe Federal Deficit: U.S. Needs, SocietyChallenges Egypt andthe United States: UneasyRelations Topic Topic 5 Tues., Mar. 3 Topic 6 .... 5 p.m. Mar. 24 .... 5 p.m. Mar. 31 .... 5 p.m. Tues., Mar. Topic 7 Tues., Topic 8 Tues., 5 p.m. 10 Attend — I wasn't going to pay so much money if I wasn't sure we owed it." SBA's main hope for raising the money to cover the bills involves raising the Student Activity Fee by $5 a semester. Such a move, if approved by the student body, will result in an additional $10-11,000 of revenue. Since all ofSBA's money comes from the Student Fee, the proposed hike appears to be the only solution. "but The Pacific Basin: Alliances, Trade and Bases South Africa: Apartheid Under Siege Foreign Investment in the United States: The Selling ofAmerica? Pakistan and Afghanistan: Storm Over Southwest Asia Dealing With Revolution: Iran, Nicaragua andthe Philippines Be Informed continued frompage I All of the student organizations which rely upon SBA for funding, including SBA itself and The Opinion, have been operating without telephone service for over a month. For the organizations which rely heavily upon their telephones for conducting business, the situation has proven to be inconvenient at best, or as Sara Nichols of the phone-less "In the Public Interest" put it, "It's been a real drag." Come to The Opinion Recruitment Party! WHEN: Wednesday Jan. 28—3:30 p.m. WHERE: O'Brian Hall Room 724 FREE WHAT: Pizza, Pop, Beer — January 28. 1987 The Opinion 11 �I I II 1 I J ■! k. 1 t=r= M *^^^^^BllS ~ Head Rep: [ H. TODD BULLARD 3rd. Yr. Head Rep. KEVIN COMSTOCK Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Kar P Katie Keib JaV Kennigsberg Alicia Lacappruccia Jay Lippman Dave Platt Rick Resnick Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos Bonnie Mettica 2nd. Yr. Head Rep. BARRY STOPPLER Cora Alsante* Steve Balmer* Shari Berlowitz Mike Biehler** Mary Casey Melanie Collins Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman *please contact these people about their status "associate reps 12 The Opinion January 28,1987 Bob Mcßride** Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jim Teirney John J. Williams Dana Young N^S§* to inquire *^!v^^^ r^r^r � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-01-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/28/1987 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:56:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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